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February 20, 2001 Agenda #30+
DI-O/I _ AGENDA INFORMATION SHEET Oate ~/~/~/- AGENDA DATE. February 20, 2001 DEPARTMENT. Pohce ACM: Jon Fortune ~ SUBJECT An Ordinance of the City of Denton, Texas amendang Artmle II of Chapter 16 of the Code of Ordinances relating to junk dealers and dealers m secondhand merehanchse, changang the tatle of Artmle II to Dealers an Secondhand Merchandise, requmng the purchaser of eertmn regulated property to mmntam records adentlfyang the authorized vendor and records adentafy~ng the seller af the seller is not the manufacturer or authorized vendor, provadlng for a penalty not to exceed $500 00, prowd~ng for a severabthty clause, prowdmg for a savangs clause, and provad~ng an effectave date BACKGROUND' In a work sessaon on January 23, 2001, staffpresented the proposed ordinance to Councal for dascusaon and conaderataon Th~s ordanance apphes to busancsses not regulated by the Texas Office of Consumer Credat that purchase used merchandase from lnd~vaduals w~th the antent to resell the property The ordinance reqmres the businesses to mmntmn records regardang the property and the seller ~n the same manner that pawn shops are reqmred under State law These records must be promded to the Police Department The purpose of the ordmance as to provade to the Pohce Department a method of more effectively recovenng stolen property and the subsequent adentfficat~on of those ~nvolved m thelthef~s of such property The orchnance specffies the types of property that wall be regulated to mclude those atems most commonly stolen and then sold at bustnesses Thas ordanance wall fill the ex~stang gap m the law that allows for the undetected sale of stolen property to busmesses The resultmg anformatmn wall sagmficantly increase the Pohce Department's ablhty to ~dent~fy md~vaduals anvolved ~n burglaries and thefts and assist ~n the recovery of stolen property The ordinance has been revised since the work sessmn to provide a sawngs clause, remove the term "junk," and to ehmanate a confhct that existed between Sections 16-27 and 16-28 regarding the t~me period prescribed for prowdang reports to the Pohce Department OPTIONS 1 The Council can adopt the ordanance as written 2 The Council can adopt the ordmance wath revas~ons 3 The Council can choose not to adopt the ordinance and provide staff further direction on this issue RECOMMENDATION. Staffrecommends Council adopt the ordinance as written 1 It will assist in the Identification, apprehension and prosecution of individuals involved in the commission of burglaries and thetts 2 It will assist in the recovery of stolen property and the return of such property to the owner PRIOR ACTION/REVIEW. Staff reviewed current ordinances from Arhngton, Dallas and Garland The proposed orchnance was written by the City Legal staff, in consultation with the Police Department The Council received a report on the proposed ordinance in the work session on January 23, 2001, and gave staff direction to move forward with the ordinance The Legal Department made the noted revisions and has approved the ordinance as to form and content FISCAL IMPACT' The ordinance will not involve any additional costs to the C~ty Respectfully submitted, Gary L Matheson Chief of Police Prepared by~/~j J..~,~t~"W/~ Gllhs Hammett Detective Special Cnmes Unit 2 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE II OF CHAPTER 16 OF THE CODE OF ORDINANCES RELATING TO IUNK DEALERS AND DEALERS IN SECONDHAND MERCHANDISE, CHANGING THE TITLE OF ARTICLE II TO DEALERS IN SECONDHAND MERCHANDISE, REQUIRING THE PURCHASER OF CERTAIN REGULATED PROPERTY TO MAINTAIN RECORDS IDENTIFYING THE AUTHORIZED VEiNDOR AND RECORDS IDENTIFYING THE SELLER IF THE SELLER IS NOT THE MANL~ACTURER OR AUTHORIZED VENDOR, PROVIDING FOR A PENALTY NOT TO EXCEED $500 00, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the C~ty of Denton has an ~nterest in discouraging the ~ncreasmgly prohfic and socially deplorable business activity of dealing ~n stolen property by reqmnng, among other regulations, the purchaser of certain regulated property to ma~mam a record ~dent~fy~ng the anthonzed vendor or reqmmng the mmntenance of a reliable record ~dent~fsang the seller of any regulated product ffthe seller ~s not the manufacturer or other authorized vendor, and WHEREAS, the C~ty of Denton has an ~nterest m the Pohce Department having adequate tools for investigations concerning stolen property, and WHEREAS, the C~ty Council finds that the types of property defined as regulated property by tins ordanance are the types of property most frequently stolen and for wlnch there ~s a ready market, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Article II of Chapter 16 of the Code of Ordinances t~tled "Junk Dealers and Dealers m Secondhand Merchandise" ,s hereby amended by changing the t, tle of Article II to "Dealers m Secondhand Merchandise" SECTION 2 Section 16-26 of the Code of Ordinances is hereby amended to read as follows 16-26 Defintttons The following words, terms and phrases, when used m tlns article, shall have the meamngs ascribed to them ~n this section, except where the context clearly md~cates a d~fferent meamng Authorized vendor means any commercial suppher who deals ~n the wholesale d~stnbut~on of regulated property m the ordinary course ofbus~ness Busmess lday means any calendar day dunng which the person who purchases regulated property has the bus~ness open and ~s conducting bus~ness w~th the public CraRed precious metals includes jewelry, silverware, art objects, or any other object made, in whole or m part, from gold, silver, platinum, palladmm, indium, rhodium, osmaum, ruthenium or their alloys Jewelry_ Includes stones removed from a mounting Personal identification certificate means a certificate assued by the Texas Department of Public Safety under Artacle 6687b, Vemon's Texas Civil Statutes Power tools includes pneumatic eqmpment and welding equipment Purchase means a transaction in which a person takes tide to regulated property m exchange for valuable eOnSlderatton Regulated property means new or used (1) Electronic equipment, (2) Busmess maclunes, (3) Photographic equipment, (4) Power tools, (5) Musical instruments, (6) Firearms, (7) Jewelry, or (8) Crafted precious metals SECTION 3 Section 16-27 of the Code of Ordmances is hereby amended to read as follows See 16-27. Required Records A person who purchases regulated property for the purpose of resale shall (1) Keep a sales record wluch mdlcates the manu£acturer or authorized vendor from which the regulated property was purchased and a description of the property purchased, mcludmg the make, model, serial number, color and size, or (2) If the regulated property was not purchased from a manufacturer or authorized vendor, the person shall (a) At the ttme of purchases, record in a legible manner, the time and date of purchase, the name, sex, race, date of birth, weight, height, address, drivers hcense number or personal identification certificate number of the seller, a description of the property purchased, including the make, model, manufacturer, serial number, color and size, and the price paid or other eonmderatlon exchanged for the property purchased, Page 2 of 2 (b) At the time of purchase determine that the photograph on the drivers license or personal ldentfficat~on cemficate is a photograph of the seller, (e) Retatn possession of the property pumhased and withhold the property from resale for twenty business days, (d) Make the purchased property avmlable for ~nspect~on by any pohce officer dunng the regular bus~ness hours wh~le the property ~s ~n the person's possession, and (e) Each purchase or transaction shall be recorded ~n sequential numbenng and one of the replicate receipts shall be g~ven to the Denton Police Department within seven (7) calendar days of purchase or w~th~n twenty-four hours of a written or oral request of a Denton Police officer (3) Each lot, sack, barrel, box or other contmner of regulated property purchased to be kept intact and have written or stamped in a conspicuous place either on the container thereof or, if no contmner, tagged to each one of the articles, the serial number of the property as set out ~n subsect~on(2)(a) (4) A business that buys or sells regulated property must have a clearly posted sign not~f3ang the seller that the dealer reports all transactions to the City of Denton Pohce Department and that no one under 18 years of age can sell any regulated property SECTION 4 Section 16-28 of the Code of Ordinances is hereby amended to read as follows Sec 16-28 Offenses and Penalties. A person comnuts an offense If he (1) Violates Section 16-27 oftlus chapter, (2) Fa~ls to retmn possession of regulated property and withhold the regulated property from resale for twenty business days, (3) Offers for sale or sells regulated property purchased for resale for which he does not have (a) a sales record indicating the manufacturer or authorized vendor from which it was purchased and a description of the property purchased, including the make, model, serial number, color and size, Page 3 of 3 (b) a record of the seller's name, sex, race, date of birth, weight, height, address and a copy of the Texas dnvers license, personal identification certificate, or other form of picture ID issued by Texas or any other state, (c) a record of the person to whom he sells the regulated property, including items hsted ~n Section 16-27(2)(a) and (2)(b), and the price pad or other considerations exchanged for the property purchased or sold (4) Fmls or refuses to produce for inspection by a police officer (a) the records reqmred by Section 16-27 with respect to a particular item of regulated property, w~ttnn twenty-four hours of the request from the police officer, or (b) the regulated property to which the record required by Section 16-27 relates, w~thm twenty-four hours of the request from the police officer (5) Fails to provide copies of records produced for inspection pursuant to subsectmn (4)(a) of fins section ffthe pohce officer requests copies of the records (6) Purchases property from a person under 18 years of age SECTION 5 Any person found gmlty of violating any provision of this ordinance shall be fined m an amount not to exceed $500 00 Every separate item of regulated property bought or sold in molat~on oftlus ordinance shall be considered a separate offense Each day records are not provided to any Denton Police Officer as reqmred by th~s ordinance shall constitute a separate offense SECTION 6 The finchngs and remtations contained in the preamble of this ordanance are substantive and are incorporated into the body of this ordinance as if set forth herean SECTION 7 That if any section, subsection, paragraph, sentence clause, phrase or word an this ordinance, or applicatmn thereof to any person or circumstance is held invalid by any court of competent junsdaet~on, such holding shall not affect the validity of the remaining portions of tbas ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remmmng portions despite any such validity SECTION 8 Save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect SECTION 9 That flus ordinance shall become effective fourteen (14) days from the date of its passage, and the C~ty Secretary IS hereby directed to cause the caption of this ordinance to Page 4 of 4 be published twice ~n the Denton Record-Chromcle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of~ts passage PASSED AND APPROVED tlus the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 5 of 5 Agenda Item AGENDA INFORMATION SHEET Ihte ~/~//~ AGENDA DATE: Februa~ 20, 2001 DEPARTMENT: Pohce ACM: Jon Fortune ~ SUBJi~CT An Ordinance approwng a mai estate contract between the City of Denton and Habitat for Humamty of Denton for the sale of certain real property commonly known as 1036 Reed Street, Denton, Texas, for use for low to moderate income housing, and prowd~ng an effecUve date BACKGROUND: On December 1:~, 1999, the 211a Dlsmct Court ordered the real property commonly known as 1036 Reed Street, Denton, Texas, be forfeited to the Denton Pohce Department Ttus asset forfett~re was the result of a local Narcottcs Umt ~nvest~gatxon revolving five undercover buys of"crack" cocaine that resulted m the execuUon of three search warrants and the arrest of seven mdw~duais between January and April 1999 The Pohce Department desires to sell the property to Hab;tat for Humamty so that xt may be rehabdttated and then prowded to owners who w~ll reside and care for the property The sale of the property at pubhc aucUon leaves ~t vulnerable to purchase by an absentee landlord whlch would prowde no further stabdxty to the neighborhood The sale ofthe property to Habitat for Humamty insures that necessary renovations wll be done and ~t wall pmwde an opportunay for home ownerslup to cmzens of low to moderate income OPTIONS 1 The Councd can adopt the orchnance and approve thc sale 2 The Councd can vote not to adopt the orchnance and deny the sale RECOMMENDATION: Staff recommends Councd adopt the ordinance and approve the sale, allowing Habitat for Humamty to perform the necessary renovations which will ~mprove the enwronment m the nmghborhood PRIOR ACTION/REVIEW: The Legal s~fff has prepared all reqmred sale documents The sale was dtscussed m the earher Executive Sessmn th~s date FISCAL IMPACT: The sale of the property wdl result m an additional $11,000 m the Asset Smzure fund Respectfully submitted, Gary L Matheson Chief of Pohce Prepared by Joam¢ Housewnght Captain Support Operations D~vas~on Page 3 S \Our Documents\Ordmances\01\1036 Reed Ordinance doc ORDINANCE NO AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND HABITAT FOR HUMANITY OF DENTON FOR THE SALE OF CERTAIN REAL PROPERTY COMMONLY KNOWN AS 1036 REED STREET, DENTON, TEXAS, FOR USE FOR LOW TO MODERATE INCOME HOUSING, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton Pohce Department acqmred all of that certa, n tract, lot or parcel of land being more particularly described as Lot 3, Block 1, of the Wfllowcreek Addltmn, an addltmn to the C,ty of Denton, Texas, according to the Map or Plat thereof recorded ~n Volume 7, Page 20, Plat Records, Denton County, Texas, and commonly known as 1036 Reed Street, Denton, Texas (the "Property") pursuant to a forfeiture action under Chapter 59 of the Texas Code of Criminal Procedure (the "Code"), flied m the 211th District Court of Denton County, Texas m Cause No 99-30403-211, by the State of Texas by and through the Denton County Dmtnct Attorney's Office, pursuant to an agreement between the City and the District Attorney's Office, and WHEREAS, pursuant to Subsection 272 001(g) of the Texas Local Government Code the City desires to sell the Property to the Habitat for Humanity of Denton for the development of low to moderate income housing, and WHEREAS, the C~ty Council finds that such sale serves a public purpose and therefore the Property may be sold for less then fair market value, NOW, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The C~ty Manager or bas designee is hereby authonzed to execute a Real Estate Contract between the C~ty of Denton and the Habitat for Humamty of Denton for the sale of the Property m substantially the form of the Real Estate Contract attached to and made a part oftbas ordmance for all purposes SECTION 2 The City Manager or bas designee is authorized and directed, after deductmg expenses of acqmslUon and sale, to dtstrlbute the proceeds of tbas sale for law enfomement purposes, m accordance w~th Subsection (c) of Artmle 59 of the Texas Code of Criminal Procedure SECTION 3 Tbas ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED thzs the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM Page 2 REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE ~s made by and between CITY OF DENTON, TEXAS, a home rule mumctpal~ty, of Denton, Denton County, Texas (herelnafier referred to as "Seller") and the HABITAT FOR HUMANITY OF DENTON, a non-profit corporation (here,nafter referred to as "Purchaser), upon the terms and conditions set forth hereto ARTICLE I PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land being more partmularly described as Lot 3, Block 1, of the Wdlowcreek Addition, an addition to the C~ty of Denton, Texas, according to the Map or Plat thereof recorded ~n Volume 7, Page 20, Plat Records, Denton County, Texas, and commonly known as 1036 Reed Street, Denton, Texas, together w~th all rights and appurtenances pertalmng to the said property, ~ncludmg ~nprovements, and fixtures s~tuated on and attached to the smd property (all of such real property, rights, and appurtenances being hereinafter referred to as the "Property"), for the conaideratton and upon and subject to the terms, prov~s~ons, and concht~ons hermnafter set forth ARTICLE II PURCHASE PRICE 1 Amount of Purchase Pnce The purchase price for the Property shall be the sum of ELEVEN THOUSAND DOLLARS AND ZERO CENTS ($11,000) (the "Purchase Price") 2 Payment of Purchase Price The full amount of the Purchase Price shall be payable ~n cash at the closing Page 1 of 11 ARTICLE III PURCHASER'S OBLIGATIONS The obhgat~ons of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the sat~sfactton of each of the following conditions any of which may be wmved m whole or ~n part by Purchaser at or prior to the closing 1 Prehmlnary Title Report Within twenty (20) days after the date hereof, Seller, at Seller's sole cost and expense, shall have caused the T~tle Company (hereinafter defined) to ~ssue an owner's pohcy commitment (the "Commitment") accompanmd by cop~es of all recorded documents relating to easements, rights-of-way, etc, affecting the Property Purchaser shall g~ve Seller written notme on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as set forth m the Commitment ~s or ~s not satisfactory In the event Purchaser states the condition of t~tle ~s not satisfactory, Seller shall, at Seller's option, promptly undertake to ehm~nate or modify all unacceptable matters to the reasonable satisfaction of Purchaser Purchaser understands that Seller is under no obhgatlon to cure any t~tle defects complmned of by Purchaser stated ~n Purchaser's written notme to Seller as prowded in thru paragraph In the event Seller ~s unable to do so w~thm ten (10) days after receipt of written notme, Purchaser, at ~ts option may elect to termmate ttus Agreement (m which event th~s Agreement shall be null and void), grant Seller addmonal time to cure, or proceed to closing 2 Seller's Comphance Seller shall have performed, observed, and comphed w~th all of the covenants, agreements, and conditions reqmred by th~s Agreement to be performed, observed, and comphed w~th by Seller prior to or as of the closing ARTICLE IV REPRESENTATIONS, WARRANTIES AND CONDITIONS TO SALE AND CONVEYANCE The parties hereto understand and agree to the following 1 The Seller acqmred the Property pursuant to a forfeiture action under Chapter 59 of the Texas Code of Criminal Procedure (the "Code"), filed ~n the 211th D~stnct Court of Denton County, Texas ~n Cause No 99-30403-211, by the State of Page 2 of 11 S \Our Docurr~nts\Contracts\01\1036 Reod Sale doc Texas Iby and through the Denton County District Attorney's Office Because of the mannor m which the Seller acquired the Property, Seller makes no warranties of title to the property 2 Seller represents and warrants that the proceeds of this sale, after deducting expenses, will be d~stnbuted for law enforcement purposes, ~n accordance w~th Sub-Article 59 06(c) of the Code 3 Purchaser ~s purchasing the Property, and the Property shall be conveyed and transferred to Purchaser, "AS IS, WHERE IS, AND WITH ALL FAULTS" and specifically and expressly without any warranties, representations, or guarantees, either expressed or ~mphed, of any kind, nature, or type whatsoever from or on behalf of the Seller Purchaser acknowledges that ~t has not rehed, and is not relying, on any information, doeumant, sales brochures, or other literature, maps or sketches, projection, pro forma, statement, representation, guarantee, or warranty (whether express or implied, or oral or wnttan, or material or immaterial) that may have been given or made by or on behalf of Seller 4 Purchaser shall not be entitled to, and should not rely on, Seller or its agents as to (a) the quality, nature, adequacy, or physical condition of the Property, (b) the quality, nature, adequacy, or physical condition of soils or the existence of ground water at the Property, (c) the existence, quality, nature, adequacy, or physical condition of any utilities serving the Property, (d) the development potential of the Property, ~ts hab~tabihty, merchantability or fitness, suitability, or adequacy of the Property for any particular purpose, (e) the zomng or other legal status of the Property, (0 the Property's comphance with any appheable codes, laws, regulations, statutes, ordmanees, covenants, conditions, or restrictions of any governmental or quasl-govennnental entity, or of any other person or entity, (g) the condition of title to the Property, or the nature, status and extent of any right-of-way, lease, right of redemption, possession, lien, encumbrance, hcense, reservation, covenant, concht~on, restriction, or any other matter affecting Utle to the Property 5 SELLER HAS NOT, DOES NOT, AND WILL NOT, WITH RESPECT TO '~HE PROPERTY, MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED OR ARISING BY OPERATION OF LAW INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, MERCHANTABILITY, HABITABILITY, OR FITNESS FOR A PARTICULAR USE OR WITH RESPECT TO THE VALUE PROFITABILITY, OR MARKETABILITY OF THE PROPERTY 6 SELLER HAS NOT, DOES NOT, AND WILL NOT, MAKE ANY REPRESENTATION OR WARRANTY WITH REGARD TO COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION, OR LAND USE LAWS, RULES, REGULATIONS, ORDERS, OR REQUIREMENTS INCLUDING, BUT NOT LIMITED TO, THOSE PERTAINING TO THE HANDLING, GENERATING, Page 3 of 11 S \Our Documents\Contmcts\01\1036 Reed Sale doe TREATING, STORING, OR DISPOSING OF ANY HAZARDOUS WASTE OR SUBSTANCE 7 Purchaser has had and w, ll have, pursuant to th~s Contract, an adequate opportun, ty to make such legal, factual, and other snqumes and ,nvestsgat~ons as st deems necessary, desirable, or appropnate w~th respect to the Property Such ~nqmnes and ~nvest~gat~ons of Purchaser shall be deemed to snclude, but shall not be hmsted to, the condst~on of the Property, the existence of any wood-destroy~ng orgamsms on the Property, such state of facts as an accurate survey and snspect~on would show, the present and future zomng ordmances, resolutions, and regulatmns of the csty, county, and state where the Property ss located, the avmlabthty of utthtses, and the value and marketability of the Property 8 The conveyance of the Property shall contmn a restnct~ve covenant touching and rumung wsth the land whmh restricts the use of the Property for a period of twenty five years for use as single family res~dentml for low to moderate raceme persons Low to moderate raceme m defined as 80% or below the median raceme for the Dallas Stat~stmal Extrapolat,on Area as detenmned by the U S Department of Housing and Urban Development The prows~ons of thss Artmle shall surwve closing ARTICLE V CLOSING The closing shall be held at the office of Stewart T~tle Company (the "T~tle Company"), 2442 Lflhan Miller, state 100, Denton, Texas 76205 on or before , 2001 (which date ~s herem referred to as the "closing date") The closing date may be extended by mutual agreement of the parties ARTICLE VI CLOSING REQUIREMENTS 1 Seller's Reqmrements At the closing Seller shall A Dehver to Purchaser a duly executed and acknowledged Deed W~thout Warranty conveying all of Seller's right, t~tle and xnterest m and to the Property and contmnmg the restrictive covenant provided for m Sect,on IV(8) above, ~n substant, ally the same form as the deed attached hereto as Exhibit "A" and made a part hereof by reference Page 4 of 11 S \Our Documonts\Contracts\01\1036 Reed Sale doc B Dehver to Purchaser possession of the Property 2 Purchaser's Reqmrements Purchaser shall pay the Purchase Pnce ~n ~mmedmtely available funds 3 Taxes Taxes for the year of closing shall be prorated as of the closing date 4 Other Clos~ngCosts All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid in the same manner that is customary for residential transactions ~n Denton County Texas ARTICLE VII REAL ESTATE COMMISSION Each party represents to the other that they have not employed the services of any real estate brokers or agents m this matter Therefore, there are no real estate commissions occasioned by the consummation of this contract ARTICLE VIII BREACH BY SELLER In the event Seller shall fiul to fully and timely perform any of ~ts obhgat~ons hereunder or shall fml to consummate the sale of the Property except Purchaser's default, Purchaser as ~ts sole and exclusive remedy may either enforce specific performance of th~s A~reement or terminate th~s A~reement by written not~ce delivered to Seller ARTICLE IX BREACH BY PURCHASER. In the event Purchaser should fiul to consummate the purchase of the Property, the conditions to Purchaser's obhgatmns set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being ~n default, Seller as ItS sole and exclusive remedy may enforce specific performance of th~s A~reement, or terminate this Agreement by written notice delivered to Purchaser ARTICLE X MISCELLANEOUS PROVISIONS 1 Assignment of Agreement This Agreement may not be assigned by Purchaser without the express written consent of Seller Page 5 of 11 S \Our Documents\Contracts\01\1036 Reed Sale doc 2 Survival of Covenants Any of the representations, warranties, covenants, and agreements of the parties, as well as any nghts and benefits of the parties, pertalmng to a penod of time following the closmg of the transactions contemplated hereby shall survive the closing and shall not be merged therein 3 Notice Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mall, postage prepaid, certified maal, return receipt requested, by hand delivery, or by facsimile addressed to Seller or Purchaser, as the case may be, at the address or facsimile number set forth beneath the signature of the party 4 Texas Law to Apply This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable In Denton County, Texas 5 Partaes Bound Tins Agreement shall be bmdlng upon and inure to the benefit of the parties and their respective legal representatives, successors and assigns where permitted by this Agreement 6 Legal Construction In case any one or more of the provisions contained m tins Agreement shall for any reason be held to be mvahd, illegal, or unenforceable In any respect, smd invalidity, lllegahty, or unenforceablhty shall not affect any other provision hereof, and tins Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contmned herein 7 Prior Agreements Sunerseded Tins Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or wntten or oral agreements between the parties respecting the within subject matter 8 Time of Essence Time is of the essence in tins Agreement 9 Gender Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and wce versa, unless the context requires otherwise 10 Compliance In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covenng the Property examined by an attorney of Purchaser's own selection Page 6 of 11 S \Our DoeumentsXContracts\01 \1036 Reed Sale doe DATED this day of ,2000 SELLER THE CITY OF DENTON, TEXAS BY Michael W Jez City Manager 215 E M¢IQnney Denton, Texas 76201 Facsmlle ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY PURCHASER HABITAT FOR HUMANITY OF TEXAS BY Jill Grozev Executive Director P O Box 425 Denton, Texas 76202 Facsimile 940-484-5006 Page7 of 11 S \Our Doeuments\Contracts\01\1036 Reed Sale doe ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § Th~s instrument was acknowledged before me on ,2001 by Michael W Jez, C~ty Manager of the C,ty of Denton, Texas, on behalf of smd city Notary Public, in and for the State of Texas My Commmmon Expires ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § Thts instrument was acknowledged before me on _, 2001 by Jill Grozev, Execunve D~rector of Habitat for Humanity of Denton, on behalf of smd entity Notary Public, in and for the State of Texas My Commission Expires Page 8 of 11 S \Our Documents\Contracts~01\1036 Reed Sale doc EXHIBIT "A" DEED WITHOUT WARRANTY Date Grantor City of Denton, Texas 215 E MclQnney Denton, Texas 76201 Grantee Habttat For Humamty Of Denton P O Box 425 Denton, Texas 76202 Cons~deratmn ELEVEN THOUSAND DOLLARS AND ZERO CENTS ($11,000 00) Property All that certmn tract, lot or parcel of land being more partmularly described as Lot 3, Block 1, of the Wfllowcreek Addmon, an addxt~on to the City of Denton, Texas, accorchng to the Map or Plat thereof recorded m Volume 7, Page 20, Plat Records, Denton County, Texas, and commonly known as 1036 Reed Street, Denton, Texas, together with all rights and appurtenances pertmnlng to the smd property, mcluchng tmprovements, and fixtures situated on and attached to the smd property (the "Property") Reservations From and Exceptmns to Conveyance, and restrictive covenants 1 All easements, rights of way, and other matters of record 2 Grantee ts purchasing the Property, and the Property is conveyed and transferred to Grantee, "AS IS, WHERE IS, AND WITH ALL FAULTS" and specffically and expressly without any warranties, representattons, or guarantees, either expressed or ~mplled, of any kand, nature, or type whatsoever from or on behalf of the Grantor Grantee acknowledges that tt has not rehed, and ts not relying, on any mformatton, document, sales brochures, or other hterature, maps or sketches, projectton, pro forma, statement, representatton, guarantee, or warranty (whether express or lmphed, or oral or written, or material or immaterial) that may have been g~ven or made by or on behalf of Grantor Page 9 of 11 S \Our Documents\Contracts\01\1036 Reed Sale doc 3 Grantee shall not be entitled to, and should not rely on, Grantor or ~ts agents as to (a) the quality, nature, adequacy, or physmal condition of the Property, (b) the quahty, nature, adequacy, or physmal condition of so~Is or the existence of ground water at the Property, (c) the existence, quahty, nature, adequacy, or physical condmon of any utflltles servmg the Property, (d) the development potential of the Property, ~ts habitability, merchantabthty or fimess, smtabfllty, or adequacy of the Property for any particular purpose, (e) the zomng or other legal status of the Property, (f) the Property's comphance w~th any apphcable codes, laws, regulatmns, statutes, ordinances, covenants, conditions, or restrictions of any govemmental or quasi-governmental entity, or of any other person or entity, (g) the condition of t~tle to the Property, or the nature, status and extent of any nght-of-way, lease, nght of redemptmn, possession, hen, encumbrance, license, reservation, covenant, condition, resmctlon, or any other matter affecting title to the Property 4 GRANTOR HAS NOT, DOES NOT, AND WILL NOT, WITH RESPECT TO THE PROPERTY, MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED OR ARISING BY OPERATION OF LAW INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, MERCHANTABILITY, HABITABILITY, OR FITNESS FOR A PARTICULAR USE OR WITH RESPECT TO THE VALUE PROFITABILITY, OR MARKETABILITY OF THE PROPERTY 6 GRANTOR HAS NOT, DOES NOT, AND WILL NOT, MAKE ANY REPRESENTATION OR WARRANTY WITH REGARD TO COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION, OR LAND USE LAWS, RULES, REGULATIONS, ORDERS, OR REQUIREMENTS INCLUDING, BUT NOT LIMITED TO, THOSE PERTAINING TO THE HANDLING, GENERATING, TREATING, STORING, OR DISPOSING OF ANY HAZARDOUS WASTE OR SUBSTANCE 7 This conveyance is subject to a RESTRICTIVE COVENANT touching and mnmng with the Property which restricts the use of the Property for a period of twenty five years for use as s~ngle family residential for low to moderate ~ncome persons Low to moderate income ~s defined as 80% or below the median income for the Dallas Statlstmal Extrapolation Area as determmed by the U S Department of Housing and Urban Development Should th~s restrictive covenant be wolated, the Property shall automatically revert to Grantor w~thout the necessity of taking any action whatsoever Pnor to such reversion the Grantee shall be given written not,ce of such violation and g~ven a 60 day t~me penod to cure prior to such reversion Page 10 of 11 S \Our D0ouments\Contracts\01\1036 Reed Sale doe Grantor, for the consideration and subject to the reservations from and exceptions to conveyance, and resmct~ve covenants, conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto m any wise belungmg, to have and to hold it to Grantee, Grantee s heirs, successors or assigns forever, without express or implied warranty, and ali warranties that might ar~se by common law and the warranties m § 5 023 of the Texas Property Code (or ~ts successor) are excluded When the context reqmres, singular nouns and pronouns include the plural SELLER THE CITY OF DENTON, TEXAS BY Michael W Jez City Manager 215 E McKlnney Denton, Texas 76201 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY (Acknowledgment) STATE OF TEXAS COUNTY OF DENTON This mslzument was acknowledged before me by Michael W Jez, City Manager of the City of Denton, Texas on behalf of said City on the day of ,2001 Notary Public, State of Texas Notary's name (printed) Notary's commission expires Page 11 of 11 S \Our Documents\Contracts\01\1036 Reed Sale doc Agenda No ~ Agenda Item AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2001 DEPARTMENT' Airport ACM. Jon Fortune, Pubhc Safety and Transportation Operatmns SUBJECT Consider the adoptmn of an ordinance approving an mrport lease agreement between the C~ty of Denton and MPM Enterprises for use of a port,on of the Denton Mumc~pal Airport for commercial hangar/office and related servmes, and prowdmg for an effective date BACKGROUND Mr MeClendun, Premdent, MPM Enterprises, w~shes to lease a parcel of land totahng approximately 8,800 square feet of land on the Denton Munm~pal A~rport The terms of the lease wall obhgate the MPM Enterprises to construct a structure of not less than 3,000 square feet on Lot 4 This famhty wall be constructed for the purpose of commercial or general awatmn mrcraft storage MPM Enterprises wall also construct necessary infrastructure to access current tax,ways Th~s ~s the fifth and final lot for whmh the Airport Adwsory Board approved the reduction of the $0 12 per square foot lease rate on the front end of the lease agreement Th~s lease agreement consists of a rate deferral of $0 06 per square foot that would reduce the tmtlal lease rate to $0 06 per square foot per year for the first three years Mr McClendon ~s requesting a deferral that would coincide w~th the deferral terms ~ncluded ~n ne~ghbonng lease agreements These terms wall sunset in March 2004 The deferred rate wtll be recouped wa an ~ncreased lease rate m the last 16 years of the lease agreement OPTIONS I Approve the lease as proposed II Approve the lease as proposed w~thout the lease deferral RECOMMENDATION The Airport Adwsory Board recommends Option I The proposed development will ~ncrease the tax base and will ~ncrease the number of based mrcraft on the field ESTIMATED SCHEDULE OF PROJECT The lease would become effective March 1, 2001 and continue through the 28th day of February 2031 (30 years) The lease also provides for two successive option terms often years each PRIOR ACTION/REVIEW (Council, Boards, Commissions) The City Attorney's office has rewewed the proposed lease The Airport Adwsory Board recommends approval of the lease as presented FISCAL INFORMATION The lease rate for Lot 4 is $0 12 per square foot The lease provides for a rate deferral of $0 06 per square foot for the first thirty-six months (three years) or a total of $0 06 per square foot for a yearly rental rate of $528 from March 2001 to March 2004 In 2004 the lease rate will increase by $0 06 per square foot In 2014, the lease rate will increase by $ 02 per square foot per year EXHIBITS Ordinance Lease Agreement Respectfully submitted Mark Nelson A~rport Manager S \Our Docum~nts\Ordmances\Ol~vl¢Clendon Ordinance O1 doc ORDINANCE NO AN ORDINANCE APPROVING AN AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND iV[PM ENTERPRISES FOR USE OF A PORTION OF THE DENTON MUNICIPAL AIRPORT FOR COMMERCIAL HANGAR/OFFICE AND RELATED SERVICES, AND PROVIDING AN EFFECTIVE DATE WHEREAS, The Denton A~rport Advisory Board has recommended the approval of the here~n descnbed A~rport Lease Agreement, and WHEREAS, the City Council of the C~ty of Denton, Texas hereby finds that sand A~rport Lease Agreement is ~n the pubhc ~nterest, NOW, THEREFOR THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The C~ty Manager is hereby authonzed to execute an Aarport Lease Agreement between the C~ty of Denton and MPM Enterprises in substantmlly the form of the A~rport Lease Agreement winch ~s attached to and made a part of flus ordinance for all purposes, for the purpose of providing commercial hangar/office and related services at the Denton Mumc~pal A~rport SECTION 2 Tins orthnance shall become effective ~mmethately upon its passage and approval PASSED AND APPROVED flus the day of _, 2001 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM ByHERB'ERT'~~L I~UTY, CITY ATTORNEY AIRPORT LEASE AGREEMENT COMMERCIAL OPERATOR THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON § Thls lease ns made and executed this day of February, 2001, at Denton, Texas, by and between the C~ty of Denton, Texas, a mumcipal corporation, hereinafter referred to as "Lessor", and MPM Enterprises, hawng pnnmpal offices at 1116 Roadrunner Lane, Argyle, Texas 76226, hereinafter referred to as "Lessee" WITNESSETH WHEREAS, Lessor now owns, controls and operates the Mumclpal A~rport (Airport) in the C~ty of Denton, County of Denton, State of Texas, and WHEREAS, Lessee das~res to lease certatn premises on said airport and construct and mmntmn an mmraR hangar and related avlatmn faclht~es thereon, and NOW, THEREFORE, for and m consideration of the promises and the mutual covenants contained ~n this Agreement, the parties agree as follows I CONDITIONS OF AGRF, I~MF,,NT NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE BINDING A pR1NCIPI,ES OF OPF, RATIONS The right to conduct aeronautical and related activities for furmsh~ng services to the pubhc is granted to Lessee subject to Lessee agreeing 1 To furnish said services on afmr, equal and not unjustly d~scnmmatory basis to all users thereof, and 2 To charge fmr, reasonable and not unjustly discnm~natory prices for each umt or service, provided, that Lessee may be allowed to make reasonable and nondiscriminatory d~scounts, rebates, or other similar types of price reductions to volume purchasers B NON.DT,qi2RIMFN'ATION Lessee, for himself, his personal representatives, successors and interests, and assigns, as a part of the consideratmn hereof, does hereby covenant and agree as a covenant runmng with the land that 1 No person on the grounds of race, ~ehglon, colin, sex, or national origin shall be excluded flora partlcipatmn ~n, denied the benefits of, or be otherwise subjected to discrimination m the use of said faclhUes, 2 In the construction of any improvements on, over, o~ under such land and tim furnishings of services thereon, no pe~son on the grounds of race, religion, colol, sex, or nattonal ongtn shall be excluded from part~cipaUon m, denied the benefits of, or otherwme be subjected to d~scnm~natmla, 3 Lessee shall use the premises ~n compliance with all other requirements nnposed by or pursuant to T~tle 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nond~scnmlnat~on m Federally assisted programs of the Department of Transportation - Effectual of T~tle VI of the C~vll Pdghts Act of 1964, as said Regulations may be amended C RIGHT OF INDIVIDI IAI,S TO MAINTAIN AIRCRAFT It is clearly understood by Lessee that no right or pnmlege has been granted which would operate to prevent any person, firm or corporation operating aircraft on the mrport from performing any servmes on ~ts own mrcraft with its own regular employees 0ncluding, but not limited to, maintenance and repair) that it may choose to perform D NOlq-F?/CI,I I,qlVE RIGFi'T It ~s understood and agreed that nothing hereto contained shall be construed to grant or authorize the granting of an exclusive right w~thin the meaning of Title 49 U S C Appendix {}1349 E pi ]]~I,lC AREAS 1 Lessor reserves the right to further develop or improve the landing area of the arrport as ~t sees fit, regardless of the desires or views of Lessee, and w~thout interference or hindrance 2 Lessor shall be obhgated to maintain and keep ~n good repair the landing area of the airport and all publicly owned facdltles of the airport, together with the nght to d~rect and control all actlwties of Lessee m this regard 3 Dunng t~me of war or natmnal emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for mlhtary or naval use, and, If such lease ~s executed, the prowslons of this ~nstmment insofar as they are ~ncons~stent w~th the prows~ons of the lease to the Government, shall be suspended 4 Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstract~on, together with the right to prevent Lessee from erecting, or permitting to be erected, any bmld~ng or other 5 structure on or adjacent to the mrport which, in the opinion of Lessor, would hmit the usefulness or safety of the mrport oi constitute a hazard to mmrafl or to aircraft navigation 5 This Lease shall be subordinate to the provisions of any existing oI futui e agreement between Lessm and the Umted States or ageocy theieof, relative to the opelatlon or maintenance of the airport II T,F, ARRD PRF, MIRF,,q Lessor, for and ~n consideration of the covenants and agi eements herein contained, to be kept by Lessee, does hereby demise and lease unto Lessee, and Lessee does hereby h~re and take from Lessor, the following described land situated in Denton County, Texas A l.and A tract of land, being approximately 8,800 square feet, or 0 202 acres, drawn and outlined on Attachment "A" as Lot 4, and legally described In Attachment "B," such attachments being incorporated hereto by reference Together with the right of ingress and egress to sald property, and the right ~n common with others so authorized of passage upon the Airport property generally, subject to reasonable regulations by the City of Denton and such rights shall extend to Lessee's employees, passengers, patrons and lnvitees For purposes of this agreement, the term "Premises" shall mean all property located witfun the metes and bounds described and identified within Attachment "B", including leasehold improvements constructed by the Lessee, but not ~ncluding certain easements or property owned and/or controlled by the Lessor B IMPROVEMENTS PRt3VIDF. D I:IY l.l~.q,qOR NONE There will be no improvements provided by Lessor, except as set forth in Article II E "Access to Utdltles" below For the purpose of this Agreement, the term "Lessor improvements" shall mean those th~ngs on or adjacent to the Premises belonging to, constructed by, or to be constructed by the Lessor, ~vhmh enhance or increase, the value or quahty of the leased land or property Unless otherwise noted herein, all Lessor improvements are and will remain the property of Lessor All Lessor improvements must be described in detail above, or above referenced and attached to this Agreement in an exhibit approved by Lessor C IMPRCIVF,,MF,,NT,q PROVIDI~.D I~Y l.l~,q,qF,,F.. On Lot 4, Lessee shall construct a hangar/office facility not less than 3,000 square feet w~th taxlway access and appropriate culverts or drmnage as required by C~ty ordinances ~n the utility right of way south and north of the proposed hangar as welt as other improvements as determined necessary by City ordinances Smd improvements shall be completed not less than 365 days from the date of th~s agreement D F, AS~MI~.NIT,q Lessor and Lessee by mutual agreement may estabhsh, on the leased premises, easements for public access on roads and taxlways E ACC1R.,R,q TO 1JTII.ITIF.~q Lessor represents that there are water and :~-phase electricity hnes w~thln three hundred feet (300') of the leased premises avadable to "tap-m" by Lessee, and that the same are suffiment for usual and customary se~wme on the leased premmes Lessee will be leqmred to connect to fl~e sewer hne located approxnnately fifty (50) feet north of smd lot III TERM The term of th~s Agreement shall be for a penod of thirty (30) years, commencing on the 1st day of March, 2001, and continuing through the last day of February, 2031, unless earhe~ temunated under the provismns of the Agreement Any attempt by Lessee to renegot~ate this Lease shall be ~n writing addressed to the C~ty Manager at least one hundred e~ghty (180) days before the exp~ratton of the stated term of this lease, and at least 180 days before the expiration of any add~tmnal lenegotlated period Lessee has the option to renew for two (2) ad&t~onal ten (10) year terms The rental and terms to be negotiated shall be reasonable and consistent w~th the then value, ~entals and terms of stmfiar property on the mrport IV PAYMENTS, RENTALS AND FEES Lessee covenants and agrees to pay Lessor, as considemt~on for this lease, the following payments, rentals and fees A LAND RENTAL shall be due and payable m twelve (12) equal monthly ~nstallments m the sum in advance, on or before the 1st day of each and every month dunng the term of th~s agreement Lessee may have the option to pay annual rentals and fees m whole on or before the 1st day of October, at the begmmng of the City's fiscal year, each and every year ofttus lease 1 3/1/01 $0 06 per square foot m~mmum yearly rental, adjusted annually per paragraph IV C 2 3/1/04 The current lease rate (prewous year's rental) will be increased by an additional $0 06 per square foot, and then adjusted annually per paragraph IV C 3 3/1/14 The current lease rate (prewous year's rental) will be ~ncreased by an addltmnal $0 02 per square foot, and then adjusted annually per paragraph IV C Not~vlthstanding the foregoing, the annual lease rental to be reduced by the current lease rate per square foot, times the number of square feet comprising all easements estabhshed in accordance with Article II(C) B 1 .F.,q,qOR IMPROVI~.MF..NIT,q RF. NITA¥.,q NONE There are no Lessor ~mprovements on the leased premises C P AYMF. NT, PF. NAI.TV'; AD.II ISTMRNT,q All payments due Lessor fiom Lessee shall be made to Lessor at tlie offices of the Finance Department of the City of Denton, Customei Service Division, 601 West Hickory, Denton, Texas, unless otherwise designated ~n wntmg by the Lessol If payments are not received on or before the 15th, a five (5) percent penalty will be due as of the 16th If payments aie not received by the 1st of the subsequent month, an addltmnal penalty of one (1) peicent of the unpaid rental/fee amount will be due A one (I) percent charge will be added on the 1st of each subsequent month nntfl the unpaid iental/fee payment is made Failure to pay the rent or penalty mounts on dehnquent rent shall const, tute an event of default of this lease The yearly rental roi land and improvements herein leased shall be readjusted at the end of each one (1) year period dunng the term of this lease on the basis of the proportion that the then current Umted States Consumer Puce Index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as compiled by the U S Department of Labor, Bureau of Labm Stahstms bears to the applicable index at the execution of this lease The original land rental amount is based upon the formulae set forth in Section IV A for the land herein leased Each rental adjustment, if any, shall occur on the 1 st day of Mamh, beglnmng 2002, and every year thereafter on such date The adjustments in the yearly rent shall be determined by multiplying the minimum yearly rent as set forth In Section IV A by a fraction, the numerator ofwh,ch IS the index number for the last month prior to the adjustment, and the denominator of which IS the index number applicable at the execution of this lease If the product of th,s multiphcation is greater than the mimmum yearly rent as set forth in Section IV A, Lessee shall pay this greater amount as the yearly rent until the time of the next rental adjustment as called for in this section If the product of this multiplication is less than the minimum yearly rent of as set forth in Section IV A, there shall be no adjustment in the annual rent at that t,me, and Lessee shall pay the previous year's annual rent until the time of the next rental adjustment as called for in this section In no event shall any rental adjustment called for in this section result in an annual rent less than the previous year's annual rent The adjustment shall be hmlted so that the annual rental payment determlned for any given year shall not exceed the annual rental payment calculated for the previous year by more than ten (10) percent If the consumer puce Index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as compiled by the U S Department of Labor, Bureau of Labor Statistms, is discontinued dunng the term of this lease, the remaining rental adjustments called for in this section shall be made using the formula set forth In Subsection (a) above, but substitut~ng the index numbers for the Consumer Puce Index-Seasonally Adjusted U S City Average For All Items For All Urban Consumers (CPI-U) for the index numbers for the CPI-U apphcable to the Dallas-Fort Worth geographmal region If both the CPI-U for the Dallas-Fort Worth geographical region and the U S City Average are discontinued dunng the term of this lease, the remmning rental adjustments called for in this sectlnn shall be made using the statist,cs of the Bureau of Labor Stat,sties of the United States Department of Labor that are most nearly comparable to the CPI-U applicable to the Dallas-Fort Worth geographmal regmn If the Bureau of Labor Statistics of the United States Department of Labor ceases to ex~st or ceases to publish statmt~cs concemmg the purchasing power of the consumer dollar dunng the term of this lease, the remmning rental adjustments called for ~n tlus section shall be made using the most nearly comparable statistics pubhshed by a recogmzed financml authority selected by Lessor V RIGHTS AND OBLIGATIONS OF LESSEE A IISF. t3l~' T,RA~qt~D PRF. MTSF. S Lessee ~s granted the non-exclusive pnwlege to engage m or pmwde the follow~ng 1 'Flangar ¥.ea~ea and Rental. The rental or lease of hangars and hangar space and related £amhttes upon the leased premises 2 Office Space l.ea~e ar Rental The rental or lease of office space m or adjo~mng Lessee's hangars 3 Alrerafl and ,qtnrage To prowde storage of both Lessee's and sublessees' atmrafl and awatton related eqmpment and supphes upon or w~th~n the leased pmm~ses Lessee, hm tenants and sublessees shall not be authorized to conduct any servzces not specffically hsted ~n th~s agreement The use of the leased premises of Lessee, h~s tenants oz sublessees shall be hmtted to only those private, commercml, retad or ~ndustnal act~wt~es hawng to do w~th or related to mrports and aviation No person, bus~ness or corporation may operate a commercml, retml or ~ndustnal bus~ness upon the premises of Lessee or upon the A~rport w~thout a lease or hcense from Lessor authorizing such commercml, retail or ~ndustnal acttv~ty The Lessor shall not unreasonably w~thhold authortzat~on to conduct aeronautmal or related servzces B STANDARDS. Lessee shall meet or exceed the followzng standards 1 Acldre~n Lessee shall file with the A~rport Manager and keep current h~s ma~hng addresses, telephone numbers and contacts where he can be reached ~n an emergency 2 l.~.qt. Lessee shall file wtth the A~rport Manager and keep current a hst of hts tenants and sublessees 3 Conduct Lessee shall contractually require h~s employees and sublessees (and sublessee's ~nwtees) to ab~de by the terms of th~s agreement Lessee shall promptly enfome h~s contractual rights m the event of a default of such covenants 4 I lt~ht~es; Taxer and Fee~ Lessee shall meet all expenses and payments m connection wzth the use of the Premzses and the rights and pnwleges herezn granted, ~ncludzng the t~mely payment of ut~httes, taxes, permzt fees, hcense fees and assessments lawfully levied or assessed 5 l,aw~ Lessee shall comply with all current and future federal, state and local laws, rules and regulatmns whzch may apply to the conduct of buszness contemplated, ~nclud~ng rules, regulations and ordinances promulgated by Lessor, and Lessee shall keep in effect and post m a prominent place all necessary and/ol required licenses ol pelmlts 6 M_amtenanc, e_ofPmperly Lessee shall be respous~ble fm the maintenance, lepalr and upkeep of all property, bulldlngs, structures and improvements, lnclud~ng the mowing or ehmlnatlon of grass and other vegetation on the Premises, and shall keep said Premises neat, clean and in respectable condition, free from any objectlonal mattel Ol thing Lessee agrees not to utlhze or permit others to utilize areas on the leased premises which are located on the outside of any hangar or building for the storage of wlecked or permanently disabled aircraft, aircraft parts, automobiles, vehicles of any type, or any other equipment or items which would distract from the appearance of the leased premises Lessee agrees that at no t~me shall the leased premises be used for a flea market type sales operation 7 Painting of P, mldmg~q Dunng the onglnal term of this Lease and dunng each extension, Lessor shall have the right to require, not more than once every five years, that the metal exterior of hangar(s) or budding(s) located on the premises be reviewed by the Airport Advisory Board for the purpose of determining whether painting of the exteriors of such buildings or hangars is necessary If the Airport Advisory Board determines painting is necessary, it shall furmsh a reconunendatlon to fins effect to the City Council The Councd, may, upon the Board's recommendation, require Lessee to repaint said exteriors according to Lessors specifications (to specify color of paint, quality of workmanship and the year and month in whmh the hangar(s) or braiding(s) are to be painted, ~f needed ) Lessee shall complete the painting in accordance with such specifications within one (1) year of receipt of notice from lessor Lessee agrees to pay ail costs and expense involved in the hangar or building painting process Fmlure of Lessee to complete the pmntlng reqmred by Lessor's City Council within one (1) year period shall constitute Lessee's default under this Lease 8 1 ln~nthonzed u~e nfpremme~ Lessee may not use any of the leased land or premises for the operation of a motel, hotel, restaurant, private club or bar, apartment house, or for ~ndustnal, commercial or retail purposes, except as authorized herein 9 Dwelhngs It ls expressly understood and agreed that no pelrnanent dwelling or dommfle may be bmlt, moved to or estabhshed on or within the leased premises nor may lessee, his tenants, lnvltees, or guests be permitted to reside or remain as a resident on or w~th~n the leased premlses or other mrport premises 10 Qmt Phase,man Lessee shall qmt possession of all premises leased herein at the end of the primary term of th~s lease or any renewal or extension thereof, and deliver up the premises to Lessor ~n as good condition as existed when possession was taken by Lessee, reasonable wear and tear excepted 11 14ntd 14armle~s Lessee shall ~ndemmfy and hold harmless Lessor from and against all loss and damages, ~ncluding death, personal injury, loss of property or other 10 damages, arising or resulting from the operation of Lessee's business in and upon the leased premises 12 Chemmal~ Lessee agrees to properly store, collect and dispose of all chemicals and chemical ~esldues, to properly store, confine, collect and dispose of all paint, including paint spray ~n the atmosphere, and paint pmducts, and to comply with all Local, State and Federal regulations govermng the storage, handling or disposal of such chemicals and pants 13 14azardann Aat~wtm~q Should Lessee violate any law, rule, restnctlon or regulation of the C~ty of Denton or the Federal Aviation Administration, or should the Lessee engage in or pem~lt other persons or agents to engage m activities which could produce hazards or obstruction to air navigation, obstructions to visibility or mterference with any amraft navigational aid station or device, whether airborne or on the ground, then Lessor shall state such violation ~n wntmg and deliver written notice to Lessee or Lessee's agent on the leased premises, or to the person(s) on the leased promises who are causing said violation(s), and upon dehvery of such written notice, Lessor shall have the right to demand that the person(s) responsible for the violation(s) cease and desist from all such activity creating the violation(s) In such event, Lessor shall have tbe right to demand that corrective action, as required, be commenced immediately to restore the leased premises into conformance with the particular law, rule or aeronautical regulation being violated Should Lessee, Lessee's agent, or the person(s) responsible for the violation(s) fall to cease and desist from said violation(s) and to immediately commence correcting the violation(s), and to complete said corrections within twenty-four (24) hours following wntten notification, then Lessor shall have the right to enter onto the leased premises and correct the violation(s), and Lessor shall not be responsible for any damages incurred to any improvements on the leased premises as a result of the corrective action process C ~qlGN~q Dunng the term of this Agreement, Lessee shall have the right, at ~ts own expense, to place in or on the leased Premises signs identifying Lessee Said signs shall be of a size, shape and design, and at a location or locatmns, approved by the Lessor and in conformance with any overall directional graphics or sign program established by Lessor for the Airport Lessor's approval shall not be withheld unreasonably Said signs shall be maintained ~n good repair throughout the term of th~s agreement Notwithstanding any other provision of this agreement, said signs shall reman the property of Lessee Lessee shall remove, at its expense, all lettenng, signs and placards so erected on the premises at the explratmn of the term of this Agreement or extensions thereof VI COVENANTS BY LESSOR Lessor hereby agrees as follows A PEACI~.FTII. ~NI(3Y1vIF. NT That on payment of rent, fees, and performance of the 11 covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the leased p~ermses and all rights and pnwleges here~n granted, B (2.(DMPl J~,IqC. R Lessm warrants and represents that ~n the estabhshment, construction and operation of smd Denton Mummpal A~rport, that Lessor has hemtofme and at tb~s t~me ~s complying w~th all ex~st~ng rules, regulattons, and cntena d~stt~buted by the Federal Awat~on Admrmstrat~on, or any other governmental authority ~clat~ng to and ~nclud~ng, but not hrmted to, no,se abatement, mr rights and easements over adjoining and contiguous areas, over~fl~ght ~n landing or takeoff, to the end that Lessee w~ll not be legally hable for any actmn of trespass o~ s~m~lar cause of action by mrtue of any aerial operatmns of adjmmng property ~n the course of normal take-off and landing procedures from smd Denton Mumc~pal A~rport, Lessor further warrants and represents that at all t~mes dunng the term hereof, or any renewal or extensmn of same, that ~t w~ll conttnue to comply w~th the foregoing VII SPECIAL CONDITIONS It ~s expressly understood and agreed by and between Lessor and Lessee that th~s lease agreement ~s subject to the following special terms and cond~tmns A RIINWA'V~q AND TAXIWAYS That because of the present fifteen thousand (15,000) pound continuous use weight beanng capamty of the mmvay and tax,ways of the A~rport, Lessee here~n aglees to hm~t all aeronautmal act~wty ~ncludlng landing, take-off and taxung, to mrcraft bawng an actual weight, ~ncludmg the wmght of ~ts fuel, of fifteen thousand (15,000), until such time that the runway and designated taxtways on the A~rport have been ~mproved to handle mrcrafr of such excessive weights It ~s further agreed that, based on quahfied englneenng studies, the weight restncttons and pmws~ons of th~s clause may be adjusted, up or down, and that Lessee agrees to ab~de by any such changes or rews~ons as such studies may d~ctate "Aemnauttcal Act~wty" referred to ~n th~s clause shall ~nclude that activity of the Lessee or ~ts agents or subcontractors, and ~ts customers and mvttees, but shall not ~nclude those acttvtt~es over which ~t has no sohc~tory part or control, such as an unsohclted or unscheduled or emergency landing A pattern of neghgent d~sregard of the prowsmns of th~s section shall be suffiment to cause the ~mmed~ate termination ofth~s entire Agreement and subject Lessee to habfllty for any damages to the A~rport that rmght result VIII LEASEHOLD IMPROVEMENTS A RF..QI I'[RRMI~.NITg Before commencing the constructmn of any tmprovements upon the prermses, Lessee shall subrmt 1 Documentation, spemficat~ons, or design work, to be approved by the Lessor, which shall estabhsh that the ~mprovements to be bmlt or constructed upon the leased prermses are ~n conformance w~th the overall s~ze, shape, color, quahty and design, ~n appearance and structure of the program estabhshed by Lessor on the A~rport 12 2 All plans and specifications showing the location upon the premises of the proposed construction, 3 The estimated cost of such construction No construction may commence until Lessm, acting by its C~ty Council, has approved the plans and specifications and the location of the improvements, the estnnated costs of such construc- tion and the agreed estimated life of the building or stiucture Approval by the City Council shall not be unreasonably withheld, should the Council fall to deny Lessee's plans and specifications within sixty (60) days of submission thereof to the Council, such plans and specifications shall be deemed approved Documentary evidence of the actual cost of construction on public areas only (such as taxlways) shall be delivered by Lessee to Lessor's City Manager from time to t~me as such costs ate pad by Lessee, and Lessor's City Manager or designee is hereby authorized to endorse upon a copy of this lease filed with the City Secretary of Lessor such actual amounts as he shall have found to have been paid by Lessee, and the findings of the City Manager when endorsed by h~m upon said contract shall be conclusive upon all part,es for all purposes of this agreement B p, DDTTTONAI. CtDNT~RTRI TCTIC}NT OR IMPROVF..MF. NT.q Lessee is hereby authonzed to construct upon the land herein leased, at his own cost and expense, buildings, hangars, and stmc- tm es, that Lessor and Lessee mutually agree are necessary for use in connection with the operations authorized by this lease, provided however, before commencing the construction of any improve- ments upon the premises, Lessee shall submit plans and specifications for approval by Lessor as specified in Article VIII A, above C OWN!F,R,qI-IIP OF TMPROVF. MIRNT,q All bmldlngs and improvements constructed upon the premises by Lessee shall remain the property of Lessee unless said property becomes the property of Lessor under the following conditions, terms and provisions 1 Removal of l:lmldmg.q No building or permanent fixture may be removed from the premises 2 As~nmptmn All buildings and improvements of whatever nature remaining upon the leased premises at the end of the primary term, or any extension thereof, of this lease shall automatically become the property of Lessor absolutely in fee without any cost to Lessor 3 Bmldmg l.~fe It is agreed that the hfe of the building to be constructed by Lessee on the property herein leased is thirty (30) years 4 C~naellatmn Should this lease be cancelled for any reason before the end of the thirty (30) year expected building life, it is especially understood and agreed that Lessor reserves the right to purchase all buildings, structures and improvements then existing upon the premises by tendenng to Lessee one thirtieth (1/30) of the undepre- mated value of such building for each year remaining on the agreed life of such building The undepreclated value of all improvements is to be determined by having 13 such improvements appraised by three appraisers, one appointed by Lessor, one appointed by Lessee and one appmnted by the two appraisers IX SUBROGATION OF MORTGAGEE A Any person, cmporatlon or institution that lends money to Lessee for construction of any hangar, structure, building or improvement and retains a security interest in said hangm, structure, building or improvement shall, upon default of Lessee's obhgattons to smd mortgagee, have the right to enter upon said leased premises and operate or manage said hangar, structure, budding or improvement according to the terms of this Agreement, for a period not to exceed the tem~ of the mortgage with Lessee, or untd the loan ~s paid ~n full, whichever comes first, but m no event longer than the term of this lease It ts expressly understood and agreed that the right of the mortgagee referred to herein Is limited and restricted to those improvements constructed with funds borrowed from mortgagee, those improvements purchased with the borrowed funds, and those improvements pledged to secure the refinancing of the Improvements B Lessee shall have the right to place a first mortgage lien upon the leasehold tn an amount not to exceed eighty-five percent (85%) of the construction cost or current market value of the leasehold improvements X RIGHT OF EASEMENT Lessor shall have the right to establish easements, at no cost to Lessee, upon the leased ground space for the purpose of providing underground utdtty services to, from or across the airport property or for the construction of public faclhttes on the A~rport However, any such easements shall not ~nterfere with Lessee's use of the leased premises and Lessor shall restore the property to original condition upon the ~nstallatlon of any utd~ty servmes on, in, over or under any such easement or the conclusion of such construction Construction in or at the easement shall be completed within a reasonable time XI ASSIGNMENT OF LEASE I~essee expressly covenants that it will not assign this lease, convey more than ten percent (10%) of the interest ~n his business, through the sale of stock or otherwise, transfer, license, nor sublet the whole or any part of the smd premises for any purpose, except for rental of hangar space or t~e-down space, w~thout the written consent of Lessor Lessor agrees that it will not unreason- ably withhold ~ts approval of such sale, sublease, transfer, hcense, or assignment of the fac~httes for the airport related purposes, provided however, that no such assignment, sublease, transfer, hcense, sale or otherwise shall be approved ~fthe rental, fees or payments, received or charged are in excess of the rental or fees paid by Lessee to Lessor under the terms of this lease, for such pomon of the premises proposed to be assigned, subleased, transferred, licensed, or otherwise The provisions of 14 th~s lease shall remmn binding upon the assignees, if any, of Lessee XII iNSURANCE A RF, QIrlR~D INSIIRANC. F. Lessee shall maintain continuously in effect at all times dmmg the term ofth~s agreement, at Lessec's expense, the following insurance coverage 1 Comprehensive general liability covering the leased premises, the Lessee or its company, ~ts personnel, and ~ts operations on the airport 2 Ancraft hablhty to cover all flight operations of Lessee 3 Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of this agreement or erected by the Lessee subsequent to this agreement 4 Liability insurance limits shall be in the following mm~mum amounts Bodily InJury and Property Damage One Million Dollars ($1,000,000) combined single hmtts on a per occurrence basis 5 All policies shall name the C~ty of Denton as an additional named insured and provide for a minimum of thirty (30) days written notice to the City prior to the effective date of any cancellation or lapse of such policy 6 All policies must be approved by the Lessor 7 The Lessor shall be provided with a copy of all such pohcles and renewal certificates Dunng the term of this lease, Lessor herein reserves the right to adjust or increase the liability insurance amounts reqmred of the Lessee, and to reqmre any additional rider, provisions, or certificates of insurance, and Lessee hereby agrees to provide any such insurance requirements as may be required by Lessor, pmwded however, that any requirements shall be commensurate w~th ~nsurance requirements at other public use airports similar to the Denton Municipal A~rport m size and in scope of aviation activities, located in the southwestern region of the United States Lessee herein agrees to comply with all increased or adjusted insurance requirements that may be required by the Lessor throughout the original or extended term of this lease, including types of insurance and monetary amounts or limits of msurance, and to comply with said Insurance requirements within sixty (60) days following the receipt of a notice in writing from Lessor stating the increased or adjusted insurance requirements Lessee shall have the right to mmntmn ~n force both types of insurance and amounts of insurance which exceed Lessor's rmmmum insurance requirements In the event that State law should be amended to reqmre types of insurance and/or insurance amounts which exceed those of like or similar public use airports in the southwestern region of the 15 United States of Am¢llCa, then in such event, Lesso~ shall have the alght to ~equlre that Lessec mmntmn in rome types of ansurance and/or amount of ansurance as specified by State law Fmlure of Lessee to comply wath the mnumum specified amounts m types of msmance as ~equned by Lessor shall constitute Lessee's default of th~s Lease XIII CANCELLATION BY LESSOR In the event that Lessee shall file a voluntary pet~tlon ~n bankruptcy or proceedings ~n ban!mlptcy shall be instituted agmnst at and Lessee thereafter as adjudicated bankrupt pursuant to such proceedings, or any court shall take jtmsdictlon of Lessee and its assets pursuant to proceedings brought under the provasaons of any Federal reorganization act, ol Lessee shall be divested of ats estate herein by other operation of law, or Lessee shall fall to perform, keep and observe any of the terms, covenants, or conditions herein contained, or on ats part to be performed, the Lessor may gave Lessee written notice to correct such condltaon or cum such default and, afany condition or default shall contanue for thirty (30) days after the receipt of such notice by Lessee, then Lessor may tenmnate th~s lease by written notace to Lessee In the event of default, Lessor has the right to purchase any or all structures on the leased premises under the provasions of Sectaon VIII Paragraph C 4 (Cancellation) hereof XIV CANCELLATION BY LESSEE Lessee may cancel thas Agreement, in whole or part, and terminate all or any ofats obbgatlons hereunder at any time, by thirty (30) days written notace, upon or after the happemng of any one of the following events (1) assuance by any court of competent junsdictmn of a permanent injunction tn any way preventing or restmlmng the use of smd mrport or any part thereof for mrport purposes, (2) the broach by Lessor of any of the covenants or agreements contmned herean and the fmlure of Lessor to remedy such breach for a period ofmnety (90) days after receipt of a written notice of the exastence of such breach, (3) the lnabahty of Lessee to use said premises and facilities contanmng for a longer period than mnety (90) days due to any law or any order, role or regulataon of any appropriate governmental authority having junsdmtaon over the operations of Lessor or due to war, earthquake or other casualty, or (4) the assumptaon or recapture by the Umted States Govemment, or any authorized agency thereof, of the mmntenance and operatmn of said airport and famhtles or any substantml part or parts thereof Upon the happemng of any of the four events lasted an the preceding paragraph, such that the leased prcmases cannot be used for avmtlon pnrposes, then the Lessee may cancel thas lease as aforesaid, or may elect to continue this lease under ~ts terms, except, however, that the use of the leased premases shall not be hmated to aviation purposes, their use being only limited by such laws and ordinances as may be applicable at that time XV MISCELLANEOUS PROVISIONS A F, NTTIR~ AGRF, EMENT Thas Agreement constatutes the entire understanding between the parties and as of Its effective date supersedes all prior or andependent Agreements between the 16 parties covenng the subject matter hereof Any change ol modification hereof shall be in writing signed by both parties B 'alNDING F,,FFECT All covenants, stipulations and agleements herein shall extend to, bind and inme to the benefit of the legal ~epresentatlves, successors and assigns of the ~espectlve parties heleto C RIR. VF, R Al:ill JTY If a provision hereof shall be finally declared void or illegal by any court or administrative agency having junsdlctlon, the entire Agreement shall not be void, but the lemamng provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties D NOTICE Any notice given by one party to the other in connection with this agreement shall be in writing and shall be sent by registered mall, return receipt requested, with postage and registration fees prepad as follows 1 If to Lessor, addressed to City Manager City of Denton 215 E Mclrdnney Street Denton, Texas 76201 2 IftoLessee, addressedto D C McClendon, President MPM Enterprises 1116 Roadrunner Lane Argyle, TX 76226 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt E HF, ADING,q The headings used in this Agreement are intended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Agreement F G(3VF..RNINIG I.AW This Agreement is to be construed in accordance with the laws of the State of Texas G MF, DIATION Pnor to instituting suit in a court of competent jurisdiction, the parties shall, in good faith attempt to settle any controversy or claim by any party hereto arising out of or relating to th~s Agreement by mediation in accordance with the laws and niles, then obtaining, of the State of Texas and the State Bar of Texas H NO WAIVER No waver by Lessor or Lessee of any default or breach of covenant or 17 term of this lease may be treated as a waiver of any subsequent default or breach of the same or any other covenant or term ofth, s Agreement I INDF, P~',NIDF, NT O. IDNITRAO. TOR Dm,ng all times tbat th,s Lease ,s in effect, the parties agree that Lessee is and shall be deemed to be an independent contractor and operatm and notanagentoremployeeoftheLessorwithlespecttotbeu actsoromlss,onshemundei Fm allthe purposes hereunder, Lessee is and shall be deemed an independent contractol and it is mutually agreed that nothing contained herein shall be deemed or construed to constitute a partnersh,p or joint venture between the part,es 1N WITNESS WHEREOF, the pan,es have executed th,s Agreement as of the day and year first above written CITY OF DENTON, TEXAS, LESSOR BY Mmhael W Jez, City Manager ATTEST JENNIFER WALTERS, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CITY OF' DENTON, TEXAS BY MPM Enterprises D C McClendon, President, Lessee 18 THE STATE OF TEXAS COUNTY OF DENTON § Th~s ~nstrument was acknowledged before me on the ,~gff/c day of February, 2001 by LESSEE NOv~RY PUBLIC, STATE OF TEXAS My Comm~sston Expires 19 ATTACHMENT "A" NU~D£R 970 ,n the Cd¥ of Denton Denton County Texas ond bmng o port ol Lot 1 - - ~Rr/_CA,~ ,RS/CAP LOT 3 LOT 4 5 ~ ,Rr/CA; - TRFT~;AF N 88 34 4;6 W ~CAP- LOCKHEED BOX 507 KRUM, IX 76249 ATTACHMENT "B" AL[ [hot certo,n lot, tract, or parcel of land s~[uoted ,n [he WILLIAM NElL SIJRVf_Y, ABSTpAF I NUMBER 970, ,n the C,ty of Denton, Denton Counl. y Texas, and being O port Of Block 1 of the Southeast A,rport AddR~on, on Add,t,on to the C~ty of Denton, Denton Co~nty, Texas, os recorded ,n Cabinet G, Page 29.5 of the Plot Records of Denlon County, Te>'os, the subject tract being more port,culorly described as [oltows BFGINNING for the Southwest corner of the l. roct be,ng descr,hed hereto at a copped ,ran rod found for corner from which o concrete monument Found at [he Nnrlhwest corner of sa~d Add,hen bears North 20 Degrees 21 Mmutes .54 .Seconds We~[ o fhslence feet, THENCE North 01 Degrees 14 M~nutes 55 Seconds I.-o-~t o d~stonce of 110 1/ i'eet tn a copped ~ron rod found for corner, TIiENCE South 88 Degrees .$0 M~nutes 58 Seconds East a d~stonce of 8000 feet copped ~ron rod found for corner, THENCE South 01 Degrees 2,$ M~nutes 50 Seconds West, o d~stonce of 1100~ feet to o copped ~ron rod found for corner, TNENCE Norl. h 88 Degrees .$4 M~nut. es 4G Seconds West o d~stance of 79 71 feet I.o the PLACE OF BEGINNING, and enclosing 0 20 acres of land mare or less 21 ~,~enda Iter~ ~ AGENDA DATE February 20, 2001 DEPARTMENT Water Utilities ACM' Howard Martin, 349-8232 SUBJECT. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROViNG A WHOLESALE WASTEWATER TREATMENT SERVICES CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND THE CITY OF ARGYLE, TEXAS WHEREiN DENTON AGREES TOPROVIDE WHOLESALE WASTEWATER TREATMENT SERVICES TO ARGYLE, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT, AUTHORIZiNG THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDiNG AN EFFECTIVE DATE BACKGROUND. The City of Denton currently provides wastewater treatment services to the City of Argyle through an interim wholesale wastewater treatment contract with the Upper Trinity Regional Water District (UTRWD) This contract is explnng and Staff discussions between the City of Denton, City of Argyle, and UTRWD have determined that it is appropriate to execute a new wholesale wastewater treatment services contract directly between thc City of Denton and the City of Argyle Contract negotiations between Denton and Argyle have been completed and Exhibit I provides the new wholesale wastewater services contract The new contract contains the same basic provisions that exist in the current contract with one major exception The major change is to include the requirement that wastewater impact fees be collected'from the City of Argyle in accordance with Denton's unpact fee ordinance Under the provisions of the contract (Section 23), the City of Argyle agrees to pay Denton a wastcwater impact fee for each new or upslzed connection within Argyle's service area served by the Denton system The existing Impact Fee Ordinance will need to be amended to provide for the collection of impact fees from wholesale customers Due to the fact that Argyle has 320 SFE of existing unused capacity m their hftstatlon and force main, impact fccs will not be collected until 560 SFE's are connected to the Denton system RECOMMENDATIONS Staff recommends approval of the Wholesale Wastewater Treatment Services Contract between the City of Denton and the City of Argyle PRIOR ACTION/REVIEW (Council, Boards, Commission): This issue has been dascussed with the Public Utilities Board and City Council on previous occasions City Council provided d~rect~on to Staff at the December 19, 2000 council meeting to proceed w~th the wholesale wastewater treatment services contract FISCAL INFORMATION: The proposed wholesale wastewater rates, based on rates currently approved by City Couneal, are as follows Applicable to any mumclpal corporation, or other governmental agency or subd~ws~on which operates a wastewater collection system and contract with the City of Denton for wastewater treatment service MONTHLY RATES (1) Facility Charge $180 00/30 days (2) Pretreatment/Program Charge (As Apphcable) (A) Categorical $375 00/30 days (B) Non-Categorical $46 00/30 days (3) Volume Charge $2 00/1,000 gallons Billing shall be based on one-hundred (100%) percent of actual gallons measured SAMPLING/ANALYSIS CHARGE (As apphcable) (1) Sampling Charge (each) $35 00 (2) Analysis Charge (per test) $15 00 Respectfully submitted Howard Martin ACM/Utlhtles Exhibit I Wholesale Wastewater Services Treatment Contract with City of Argyle Exhibit II Ordinance Approvmg Wastewater Treatment Contract with C~ty of Argyle ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A WHOLESALE WASTEWATER TREATMENT SERVICES CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND THE CITY OF ARGYLE, TEXAS WHEREIN DENTON AGREES TO PROVIDE WHOLESALE WASTEWATER TREATMENT SERVICES TO ARGYLE, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the C~ty Manager ~s hereby authorized to execute on behalf of the Cxty, a Wholesale Wastewater Treatment Services Contract between the City of Denton, Texas and the C~ty of Argyle, Texas for wholesale wastewater treatment services to Argyle, substantmlly xn accordance with the Contract which is attached hereto and incorporated by reference here~n SECTION 2 That the expen&ture of funds as set forth m the Contract Agreement ~s hereby authorized .SECTION 3 That this ordinance shall become effective ~mmedlately upon its passage and approval PASSED AND APPROVED this the day of ,2001 EUL1NEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED ASTO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documonts\Ordman¢os\Ol\Wholesale Wastewater Treatment Contract Argyle doc STATE OF TEXAS § COUNTY OF DENTON § WHOLESALE WASTEWATER TREATMENT SERVICES CONTRACT BETWEEN THE CITIES OF DENTON AND ARGYLE, TEXAS THIS AGREEMENT made this __ day of ., 2001, between the City of Denton, Texas, a mumclpal corporation, acting hereto by and through 1ts City Manager, hereinafter referred to as "Denton," and the City of Argyle, Texas, a municipal corporation, acting hereto by and through ~ts Mayor, herelna~er referred to as "Argyle" and WHEREAS, Denton owns and operates a wastewater collectaon, treatment, and disposal system in Denton County, Texas, and of their respective systems, both the City of Denton and the City of Argyle desire to avoid duphcatmn of services through coordination for the collection, treatment, and reelamatmn of the wastewater, and WHEREAS, Denton and Argyle desire to enter into a Contract for Denton to treat wastewater on a wholesale bas~s for Argyle, and WHEREAS, the pubhc health, welfare, and safety of the residents of Denton and Argyle require the development of adequate systems of sewage collection and thsposal, the ehmlnatlon of water pollution, and the preservatmn of the water resources of the area, and WHEREAS, Denton and Argyle are required to comply w~th standards and treatment methods for wastewater as set forth in federal, state and local, laws and regulations and permats, and, WHEREAS, Denton and Argyle have an interest m maintaining and restonng the chemical, physical, and b~olog~cal integrity of waters and water resources, especially these being used by Denton and Argyle, and lnsunng the reduction of pollution in said waters and water resources, and planning the use, development, restoration, preservation and enhancement of said waters and water resources, and WHEREAS, Argyle desires to contract for wastewater treatment service on behalf of Customers of Argyle, and Denton desires to provide regional wastewater treatment service on a wholesale basis to Argyle, and WHEREAS, the City of Argyle's enabling statute authorizes Denton and Argyle to enter into th~s Contract NOW, THERFORE, Denton and Argyle, in consideration of the terms, covenants, and conditions herein eontaaned, hereby AGREE as follows CONTRACT Adoption of Preamble. All matters stated m the preamble of this Contract are true and correct and are hereby incorporated into the body of this Contract as though fully set forth in their entirety herein 1 0 Definitions When used in this Contract, these terms shall be defined as follows 1 01 Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act ("CWA"), as amended (33 U S C 1251, et seq ) 1 02 Biochemical Oxygen Demand (BODL The quantity of oxygen utilized in the biochemical oxidation of organic matter specified by procedure in Standard Methods, and results expressed m terms of weight and concentration [milligrams per liter (mg/1)] 1 03 Calibration. Verification of meter accuracy utilizing standard primary device procedures and calibration signals and/or a separate flow measurement instrument 1 04 Capital Imorovements. Any of the following facilities which provide utility services and benefits common to all wholesale and retatl Customers, and that have a life expectancy of one or more years located within the junsdlctwnal limits of Denton or the City of Argyle wastewater treatment facilities, metering and sampling faclhtles, control systems and 2 appurtenances, all major collectors and interceptors that are twelve inches (12") and greater In diameter and lift stations assocmted therewith, 1 05 Cotegorlcal Industrial User (CIU). An industrial user that is subject to Categorical Pretreatment Standards according to 40 CFR Section 403 6 and 40 CFR Chapter I, subchapter N, which are technology-based standards developed by EPA setting mdustry-speclfiC effluent hmlts 1 06 Argyle. Depending on the context, may refer to the City of Argyle or to Argyle's Customer or other Customers of Argyle bemg provided service pursuant to this Contract 1 07 Argyle Systems. The facilities of Argyle used for pretreatment, collection, and transportatlnn of Wastewater to the Points of Entry into Denton's system 1 08 Delivery Facilities All facilities necessary for the transmission of wastewater from the City of Argyle System to the Denton System that are on the Caty of Argyle's side of the Point of Entry that are constructed specifically to allow Denton to serve Argyle 1 09 Director. The Denton Water/Wastewater Utilities Director or the designee 1 10 D~reet Cost. Costs directly assignable to the wholesale customer 1 11 Domestic Accounts. Single family and residential duplex dwellings served by one water meter This definition is used only in the context of determining billing on a per- connection basis 1 12 Denton Exnense. Expenses incurred by Denton related to wholesale wastewater service, such expenses to be allocated as a System Cost in future cost-of-service studies 1 13 Denton System. Denton's wastewater collection and treatment system, including the Point of Entry provided for herein 1 14 Argyle Representative. Mayor of the Clty of Argyle or designee 3 1 15 Facility Expansion. The expansion of the capacity of an existing fac~hty that serves the same function as an otherwise necessary new Capital Improvement, in order that the existing faethty may serve new or expanded development The term does not ~nclude the repair, mmntenance, modermzatlon, or an expansion of an existing faclhty to better serve exlstmg development 1 16 General Benefit Canitai Facilities. Wastewater factht~es that promde ntd~ty services and benefits common to both Denton retail and Denton wholesale Customers, including wastewater treatment facthtles, metenng and samphng facd~tles, control systems and appurtenances, and all collectors and interceptors that are twelve inches (12") and greater m diameter 1 17 Indirect Discharge. The discharge or the introduction of ~ndustnal wastes from any source regulated under Section 307(b) or (c) of the Act (33 U S C 1317), mtn the Denton System (including holdmg tank waste dmcharged into the system) 1 18 Industrial User A source of Indirect Discharge, whmh does not constitute a "d~scharge of pollutants' under regulations, ~ssued pursuant to Secuon 402, of the Act (33 U S C 1342) 1 19 Industrial Wastes. All water-borne sohds, hqmds or gaseous substances resulting from industrial, manufactunng or food processing operations, or from the development of a natural resource, or any m~xture of these with water or domestic sewage 1 20Infiltration. Water that has nngrated from the ground into the wastewater system 1 21 Inflow. Water, other than wastewater that enters a sewerage system Onclud~ng sewer service connections) from sources such as, but not hmlted to, roof drmns, cellar drmns, yard drams, area draans, drains from spnngs and swampy areas, manhole covers, cross connections between storm sewers and samtary catch basins, coohng towers, storm waters, surface runoff, street wash waters or drainage Inflow does not ~nclude, and is dlstlngmshed from ~nfiltrat~on water 4 1 22 L~quld Waste. The water-bome solids, liquids, and gaseous substances derived from certain sources meludmg, but not hmated to, a grease trap, septic tank, chemical todet waste and sand trap waste 1 23 Metering and Samnhna Facility_. The meter, meter vault, and all metenng and telemetry equipment required to measure and/or sample wastewater flows of the City of Argyle at Pomt of Entry(s) or into Denton's System 1 24 Non.domestic Account. Commercial, industrial, mult~fam~ly or other accounts that are not considered Domestw Accounts This defimt~on is used only m the context of determ~mng bflhng on a per-conneetwn bas~s 1 25 Non-Metered Area. Areas wlthm the City of Argyle's certificated boundanes that generate wastewater that do not drmn mtn a part of the City of Argyle system for which wastewater flow ~s measured by an approved metenng and sampling facility 1 26 Non-Categorical Industrml User (113 Any non-domestic Industrial User, other than a CIU, which mtroduees Wastewater mtn a publicly owned treatment works (POTW) 1 27 Point of Entry. The metenng faclhty, the point of connection to the Denton System 1 28 Pretreatment. The reduction of the amount of pollutants, the ehm~nat~on of pollutants, or the alteratmn of the nature of pollutant properhes m wastewater to a less harmful state prior to or in heu of d~schargmg or otherwise introducing such pollutants into a Pubhcly Owned Treatment Works Physical, chemical or b~ologlcal processes can obtain the reduction or alteration, or process changes by other means, except as prohibited by 40 CFR Section 403 6(d) 1 29 Pretreatment Reqmrements. Pollutant concentration discharge llmltat~on and reporting reqmrements stipulated in Denton's Sewer Use Ordmance No 93-112 and any amendments thereto, Argyle's ordinance, and Federal Pretreatment Standards promulgated by the U S Enwronmental Protection Agency 5 1 30 S~gnifleant Industrial User (SIU). Any industry, which discharges industrial wastes, directly or indirectly into the City of Argyle's System and/or Denton's System · Discharges 25,000 gallons per day or more of regulated industrial wastewater · Is subject to the National Pretreatment Standards or Categorical Standards of the U S Envlronmontal Protection Agency, or, · Has a reasonable potential, in the opunon of the Director, to adversely affect the Denton System due to dlscharge of wastewater with abnormally high strength or contmmng hm~ted or prohibited substances 1 31 Standard Methods. Those testing or analysis procedures as prescribed in the current edition of "Standard Methods for Examination of Water and Wastewater," published by the American Public Health Association and/or the U S Environmental Protection Agency "Manual of Methodologies for the Examination of Water and Wastewater," or will otherwise comply with procedures specified in state and federal discharge permits held by Denton 1 32 System Costs. Operating expenses and capital related costs incurred by Denton in the provision of wastewater collection and treatment service to the wholesale class of wastewater customers Such costs are to be spemfically identified by Denton as a component of the annual cost of providing wholesale wastewater treatment service 1 33 Total Suspended Solids (TSS) Solids, measured in mg/1, that either float on the surface of, or are in suspension m, water, wastewater or other liquids, and which are largely removable by a laboratory filtration dewee 1 34 Wastewater. All hquld or water-carried waste products from whatever source derived, whether treated or untreated, whmh are discharged into or permitted to enter into the Denton System The words "wastewater" and "sewage" are interchangeable 6 1 35 Wastewater System Impact Fee. A capital contribution or recouping of the costs of General Benefit fatalities, capital improvements or Facility Expansion necessitated by and attributable to new growth and development, and/or expanded growth and development of existing Customers 2 0 Connection to the Denton Svstem 2 1 Denton hereby grants to Argyle, upon compliance with the terms and conditions eontmned herein, permission to connect Argyle Systems to the Denton System The City of Argyle shall dehver and discharge wastewater into the Denton System, and, Denton shall transport, treat, and dispose of the wastewater received from the City of Argyle, in accordance with this Contract, unless the Pames otherwise agree m writing The City of Argyle shall provide all hnes, metering station(s), hft stations, and associated facilities and shall acquire all property, interests, licenses, and permits that are necessary to collect and transport Wastewater from the City of Argyle to the Denton System 2 2 It shall be the sole responsibility of the City of Argyle to convey and deliver the Wastewater to the Point or Points of Entry approved by Denton and designated in Exhibit IV Denton agrees to accept all Wastewater from Argyle at the Point(s) of Entry as designated on Exhibit IV, attached hereto and incorporated herein, and at such additional Points of Entry as may later be mutually agreed upon by the Director for Denton and the Argyle Representative A Point of Entry may be changed, or additional Points of Entry added upon mutual agreement, signed by an authorized representative of each Party The City of Argyle shall pay for Denton's capital operational and admlmstrat~ve costs incurred due to any change in the location of a Point of Entry, if the change was requested by the City of Argyle, or necessitated by the City of Argyle dlschargo charactenstlcs Prowded however, that if such change is necessitated by Argyle's discharge characteristics, Denton shall notify Argyle of such need by providing written notice to Argyle at least sixty- (60) days prior to taking any action on such relocation The notice shall specify the total cost for which the City of Argyle shall be responsible 2 3 The cost of all Delivery Famhtles necessary to convey Wastewater to the designated Points of Entry, whether shown on Exhibit IV, or mutually agreed upon at a later date, together 7 with the cost of connection of the City of Argyle System to the Denton System with the exception of metenng and sampling facilities, shall be bome by the City of Argyle in accordance with the Interlocal Cooperation Agreement for construction of the Graveyard Branch Line 2 4 Unless mutually agreed to in writing by Demon and Argyle, Argyle shall be responsible for the design, contracting, construction and financing of Delivery Facilities and acquisition of any necessary rights-of-way and easements for such facilities All designs, materials and specifications shall conform to Denton's requirements as a nnnlmum standard Plans and specfficatlons for Dehvery Faclht~es, which connect to the Denton System, shall be submitted to the Director for written approval No construction shall begin until such approval has been given Approval by Denton shall not be unreasonably withheld, if the plans and specifications satisfy or exceed Denton's minimum standards Argyle agrees that Denton has the right to make periodic inspections dunng the construction phase of the Dehvery Facilities Final acceptance of such facilities from the point of connection up to and including the metering and sampling point is subject to the inspection and written approval of the City of Denton Wastewater Director, or his designee 2 5 To facthtate adequate five-year planning for the transportation and treatment of wastewater, Denton will reqmre that the following approval process be utilized when large volume contributors are antlmpated to be added to the system Denton will require that a five- year planning document revised annually that details projected increases ~n wastewater flow to the Denton System be submitted to the Director for incorporation into the Denton planning document The City of Argyle's planning document will be submitted annually by November 1 Argyle agrees not to provide service to, or contract or subcontract with, any new single retail customer (or any customer located outside the boundaries of the Argyle Certfficate of Convemonce and Necessity) whose need for Wastewater service would exceed 25,000 gallons per day (GPD) additional treatment reqmrements without prior written approval by the C~ty of Denton Director, which approval shall not be unreasonably withheld 2 6 Facilities w~thln Denton CCN. Plpehnes and other facilities constructed by or for the C~ty of Argyle for the purposes of carrying out this Contract which are located within an area for which Denton holds a certificate of public convenience and necessity to provide sewer utility service, shall comply w~th standards and speclficatmns approved by Denton For such p~pehnes and facflmes, Denton may reqmre that the improvements be oversized pursuant to a separate participation agreement w~th the City of Argyle Denton shall have the right to approve the locatmn of any such oversized faclhtaes Upon completion of an oversized line and payment by Denton of its participating share, the City of Argyle shall transfer to Denton the ownerstup of the oversized line and associated easements and property interests Notwithstanding the foregoing, Argyle shall mmntam ownership of its wastewater capacity in the Graveyard Branch Wastewater ProJect, as described in the "Interlocal Cooperation Agreement for the Construction, Installation, and Cost IPartaclpatlon of the Graveyard Branch Gravity Flow Wastewater Main" (hereafter the Interlocall Cooperation Agreement) by and between the C~tles of Denton and Argyle, Texas 2 7 S~rviee Rea_uirements At such tame in the future, should service requirements become an ~ssue, then Denton and Argyle shall ~mmedlately discuss, and if resolution of the problem is not susceptible to remedlatlon, then to med~ataon on a good fatth basis 3 0 Malntenat~ce of Denton and Customer Systems 3 1 Argyle agrees to malntmn ~ts wastewater system(s) in good condition and to make repairs in a timely manner and to require its customers to mmntam and repmr their respective systems Denton shall have the right to refuse to accept Wastewater for treatment ffArgyle's System(s) is not being mmnttuned to those generally accepted standards set forth ~n TNRCC roles and regulations, Chapter 317 Denton shall not have any responsibility or habfl~ty now or ever for the operation of the City of Argyle's System(s), except as agreed to in writing by the part~es hereto 3 2 D'enton agrees to mmntaln ~ts system ~n good condition and to make repmrs m a timely manner Argyle shall not have any respons~blhty or habihty now or ever for the operataon of the Denton System, except as specifically provided herein, or under separate written modification or Agreement 4 0 Metering and Samnlin~ Facilities 4 1 Beg~nmng on the effective date of th~s Contract, Denton shall have the exclusive right to operate and maintain Argyle metenng and samphng facthtles at all existing and future Points of Entry, and Denton shall become solely responsible for the operation and maintenance associated w~th these famhtles Argyle shall have access to the metenng faclhtles for ~nspectlon purposes only Argyle shall not adjust or cahbrate the meter and will continuously prowde a route of regress and egress to smd metenng and sampling faclht~es for Denton Denton shall have the d~scretlon to construct ~mprovements, expansions, and replacements to said facthtles as a System Cost, subject to rewew and approval by Argyle of all proposed construction, expansion, and replacement plans and costs Approval by Argyle shall not be unreasonably delayed or withheld Argyle will also grant and prowde to Denton such permits or easements as are necessary for the continuous operation and mmntenance of all metenng and samphng faclhtles All such costs incurred by Denton for operation, maintenance, construction, expansion, and replacement of Argyle metenng and sampling famhtles shall be considered System Costs Such System Costs shall be spemfically ldentffied by Denton as a component of the annual cost of providing wholesale wastewater treatment servme 4 2 Unless otherwise agreed to by both parties m writing, Denton shall have the option to construct Argyle metenng and samphng faclhtles not currently in existence All construction costs, including, but not hmlted to, s~te acqmslt~on and preparation, design and englneenng, construction, and eqmpment for such famhtles, together with the costs of necessary easements and rights-of-way, shall be System Costs, and shall be subject to rewew and approval by Argyle, including all necessary modfficatlons to accommodate a complete installation satisfactory to Denton Such approval shall not be unreasonably w~thheld or delayed If Argyle constructs new metenng and samphng faclht~es, Argyle may e~ther transfer ownership of such newly constructed famht~es, together with all necessary access easements and rights-of-way, to Denton an a form satisfactory to Denton or may grant Denton the right of ingress and egress to such facflmes, together w~th the anthonty to operate and maintain the faclhtles as specffied ~n Section 4 l, within s~xty (60) days of such completion Thereafter, Denton shall operate, maintain and replace the fac~htleS as a System Cost and treat any ownership transfer as a contribution for rate purposes, but the same shall not be ~nd~cat~ve of equity ownership l0 4 3 Expenses incurred by Denton for the operation and mmntenance of Argyle metenng and sampling faclhtles shall be System Costs and shall include, but not necessarily be hmlted to, the following A Cost ofelectnmty at the facility B Cost of the installation of the telemetry service at the facility and to the control center and cost of monthly lease charge for the telephone line C Cost of meter calibration, including cost of insert meter, twice per year D Cost of parts, materials and supplies required for repmrs, calibrations and upgrading of the facilities E Normal labor cost plus fnnge benefits and Indirect costs for repmrs, cahbrat~ons and upgradmg of the famhtleS F Mmntenance of ~ngress and egress and meter facility s~te G Meter reading costs 4 4 Replacement of Metenng and Sampling Factht~es or components thereof as may be occasioned by obsolescence due to age, excessive mmntenance, growth or other reasons as determined by the Director shall be a System Cost 4 5 The City of Argyle shall construct, install, and malnttun for each Pmnt of Entry a control manhole to allow Denton to momtor Wastewater received from Argyle Control manholes shall be located and constructed in accordance with specfficatlons approved by Denton, to allow Denton to have unrestricted access at all reasonable times Upon completion, the control manholes shall become the property of Denton and shall be maintained and repmred by Denton, at Denton's sole cost and expense 4 6 Upon expiration or termination of this Contract, Denton shall transfer to Argyle the ownership of any property easements, metenng and samphng facilities and rights-of-way conveyed to Denton pursuant to the terms ofthas Sectaon In the event the contract ~s transferred to another antaty and Denton continues to treat wastewater from the C~ty of Argyle, ownership of the aforementmned ~tems shall remain w~th Denton 5 o Rights-of-Way Argyle shall grant, without charge to Denton, such easements and the use of rights-of-way along pubhc h~ghways or other property owned by Argyle, as requested by Denton, or mmntatmng mains or facilities w~thm the boundaries of the Argyle CCN to convey Wastewater dehvered to the Points of Entry The parties hereto (and apphcable Customers of the City of Argyle) will be reqmred to restore the other's property to a condition equal to its onglnal condition, unless otherwise mutually agreed in writing Denton and Argyle agree to coordinate their location of the mmns and/or facilities m the other's easements and rights-of-way m order to prevent future conflmts Insofar as reasonably practicable 6 0 Metenne and Samphn~ 6 1 All flow (hscharged ~nto the Denton System by Argyle shall be metered, unless specifically agreed to by both part,es in writing Should both parties agree ~n writing that metenng ~s not possible, the agreed upon method for determunng the volume shall include an adjustment for mfiltrat~on and mflow 6 2 If, in the judgment of the Director, the sewage generated within one or more areas of the Argyle CCN cannot be accurately measured by an approved type of metenng station, then the charge for samtary sewer servme within that drmnage area will be made on a per-connection basra In such cases, the volume of sewage for bflhng purposes will be determined by adding the product derived from multiplying the number of Domestic Accounts within the area, times the average gallons of Wastewater flow per Domestic Account within the metered area, plus the estimated Wastewater flow for Non-domestic Accounts based on an agreed upon percentage of 12 metered water consumption The total volume so derived each month will be used for calculating the total sewer charges due each month for that drainage area and such charges will be added to other charges, ffany, based on metered connections For all such non-metered areas, Argyle will be responsible for prowdmg data each month on the number of Domestic Accounts and the metered water volume of all Non-domestic Accounts Argyle will prowde this data to Denton no later than the 5th day of each calendar month Alternatively, the D~rector and Argyle Representative may agree ~n wntmg to a non-metered system for such areas, based on water usage for the area dunng the three wrater months of December, January, and February 6 3 Argyle shall have access to the metenng and sampling factht~es at all reasonable times, prowded however, that any reading, calabrat~on, or adjustment to such metenng eqmpment shall be done by employees or agents of Denton, or by other mutually approved third party Calibration agent, ~n the presence of representatives of Argyle and Denton, if so requested by Argyle Notfficat~on of any proposed tests shall be prowded to the City of Argyle at least seventy-two (72) hours prior to such test being conducted 6 4 All readmgs of meters will be entered in lr~ upon bound joumals maintained by Denton Argyle shall have access to such records dunng reasonable bus~ness hours and shall be furnished w~th monthly "totahzer" readings for each Point of Entry metenng and samplmg facthty 6 5 Denton shall calibrate and routinely service the meters at least once dunng each SlX- (6) month period Copies of the results of such Calibration and all related information shall be promptly pmwded to Argyle Denton shall not~fy the C~ty of Argyle at least seventy-two (72) hours ~n advance of the date and t~me for any Calibration, and Argyle may observe if so desired 6 6 Upon any Cahbratlon, ~f ~t ~s determined that the accuracy envelope of such meter is found to be lower than ninety-five percent (95%), or higher than one hundred five percent (105%) expressed as a percentage of the full scale of the meter, the registration of the flow (and bllhngs related thereto) as determined by such defective meter shall be corrected for a period extending back to the t~me such inaccuracy began If such time is ascertmnable, or, if such t~me ~s not ascertmnable, then for a period extending back one-half (1/2) of the t~me elapsed since the date of the last Callbratmn, but ~n no event further back than a period of slx (6) months 6 7 If additional meter Calibrations are requested by the City of Argyle over the normal Cahbratlon frequency, then the following payment procedure will be used Corrections to meter Calibrations that are inside the plus or minus 5% range wall be prod for by the City of Argyle and will be added to the City of Argyle's next monthly bill for receipt of payment Corrections outside the plus or minus 5% range will be paid to Argyle by Denton 6 8 If any meter used to determine volume from the City of Argyle is out of service or out of reptur so that the mount of Wastewater delivered through the period cannot be ascertained or computed, within five percent (5%) accuracy, Wastewater volume shall be estimated and agreed upon by the parties hereto upon the basis of the best data avmlable If a meter as determined to be reading inaccurately by more than five percent (5%), a correction to the bllhng shall be made as follows (a) Take the number of gallons measured by the meter for a period extending back ½ of the time elapsed smee the date of the last calibration of the meter, (b) Multiply that mount by the percentage of inaccuracy to obtain the total number of gallons not properly registered, (c) Multiply the gallons by the applicable rate dunng the time of the inaccuracy to get the amount to be debited or credited, as appropriate If a meter completely fails, a correct~on shall be made by using the average of the gallons of wastewater billed for the prior three months, or some other mutually agreeable method, to obtmn a daffy average, whmh shall be apphed to the days for which the meter was not working In the event that the part, es hereto cannot agree on the estimate of Wastewater volume delivered, agreement on the flow volume wall be determined by a committee composed of the Director (or his designee) the C~ty of Argyle Representative (or his designee) and a third person to be mutually agreed upon and the cost of the reconclhatlon process will be equally shared Any adjustments in bflhng promded m this Section, whether a credit or debit, may be satisfied ~mmediately, or may be made in equal installments over the time equal to the time for which the fmlure o~ inaccuracy was calculated 14 6 9 Denton shall obtmn samples three (3) times per year to determine the quality of the wastewater for bflhng for the extra strength of the wastewater Each set of samples will apply to a four-month period for bflhng purposes These samples shall be obtmned at the designated metenng and sampling facilities or other mutually agreed upon samphng points for the purposes ofbflhng for the strength of the wastewater To determine the quahty of the wastewater for each of the three (3) samphng periods, Denton shall collect twenty-four (24) hour flow-weighted composite samples for five (5) consecutive days In case of a malfunction of the samphng equipment for whatever reason for one or more days, additional days shall be added to obtmn five (5) samples The five (5) samples will be averaged to detenmne the wastewater strength for bflhng purposes Unless the BOD or TSS exceeds 250 mg/1, no fee for extra strength shall be apphcable or charged Denton will prowde Argyle w~th a mlmmum of seven (7) day advance notfficatlon of ~ntent to sample If, at the request of Argyle or at the request of the Director, more extensive momtonng is desired, such additional momtonng shall be prod for by the party making the request and shall be done m compliance w~th Section 7 5 If Argyle requests such additional momtonng, Denton shall mvome Argyle for the operational and administrative costs and payment shall be made w~thm (30) thirty days after recetpt of ~nvmce The notfficat~on required in flus section shall ~nclude the planned dates, t~mes, and locations(s) of samphng Denton shall analyze the samples collected ~n accordance w~th Standard Methods Argyle may be present dunng the ~mt~al set-up of samphng equipment and at the t~me of pink up for each twenty-four (24) hour composite sample Denton agrees, if requested, to spht smd wastewater samples w~th Argyle for independent analyses 6 10 If, ~n the opinion of the D~rector, comphance momtonng 1s reqmred, the Director may order that additional monltonng be performed w~th or w~thout prior notme to Argyle Smd comphance momtonng ~s to be m addition to the penodm sampling set forth m Section 6 9 All ~nformat~on obtatned because of such comphance momtonng shall be provided to the City of Argyle Denton will promde not,ce of the results of such compliance momtonng to Argyle within a reasonable time thereafter Denton shall pay all costs for additional momtonng ordered at the D~rector's discretion, pursuant to th~s paragraph 6 11 Costs ~ncurred by Denton under th~s Sectmn 6 will be considered a System Cost 7 0 Rates and Charges 7 1 Wholesale wastewater rates will be based upon generally accepted cost-of-service rate methodologies developed by independent Iltlhty rate consultants as described herein The Director shall select the independent utthty rate consultant The cost of such studies will be a Direct System Cost All eost-of-sermee stuthes shall be conducted utthzmg the utlhty cost bas~s of detenmmng revenue reqmrements appheable to the wholesale Wastewater class The last rate study was completed dunng 1999 by an independent consultant Rate studies by an independent utlhty rate consultant wall be conducted at least every slx (6) years Internal rate rewews will be conducted annually, based upon consultant rate study methodology, to rewew rates and charges, to recover allocated costs The City of Argyle shall have access to all data used to calculate the proposed rate to be charged, and the C~ty of Argyle wall be prowded at least 60 days advance notice w~th opportumty to review and comment on any proposed rate changes 7 2 The cost-of-servme for the wholesale class shall anclude allocated reasonable and necessary operataon and mmntenance expense, deprematlon expenses, adm~mstratlve expenses, a fmr and reasonable return on allocated capital facthtles, and a street rental fee To determine the allocataon, ancludmg mflow and infiltration of costs to the Caty of Argyle, the following factors shall be eonmdered total volume, rate of flow, wastewater quality, metenng, and Argyle related costs (such as accountang, bflhng, momtonng and Argyle service) "Capital-related costs" consists of deprecmtaon expenses and return on the original cost rate base "Depreemt~on expense" will be based upon the original cost of all capatal facthtaes, both invested and con~buted capatal, which facthtaes are expected to be replaced by Denton at a future date ~n order to mmnttun service Costs to transport the wastewater will be based on ~ntemeptor hnes twelve anehes (12") m dmmeter and greater A street rental fee equal to four percent (4%) of total wastewater operataon and mmntenance costs will also be charged by Denton On a penodac basis as ,determined by the D~rector, the depreciation rates on all General Benefit Capital Facthtles shall be studaed, and new salvage values, useful lives, and annual rates of deprematlon shall be developed f~om such studies The "net-book" rate base shall consast of all allocated capatal facflat~es (net of accumulated depreclataon and less contnbutaons to the Denton System), and shall include construcUon work m progress, a reasonable allowance for working capital, and a reasonable inventory of materials and supplies necessary for the efficient operation of the Denton System Working capital shall be based on one-eighth (forty-five days) of annual wastewater operation and mmntenance costs Records of the original cost, the accumulated depreciation on all capital facilities, and contributions to the Denton System shall be mmntalned in the Denton fixed asset-tracking system These records shall be available for inspection at the Denton Utlhtles Fmanmal Department dunng reasonable bus~ness hours upon request by Argyle 7 3 Denton shall be allowed an adequate opportumty to earn a reasonable return on its investment The rate of return shall be sufficient to assure confidence in the financial soundness of the utility, adequate to mamtmn and support its credit, enable ~t to rinse the money necessary for the proper d~scharge of its pubhc duties, and shall be equal to the weighted average imbedded rate of interest on all outstanding wastewater system revenue bonds plus one-and-one-half percent (1 5%) 7 4 No more than every six (6) years, a detmled wholesale revenue reqmrement shall be developed on an actual lustoncal cost, test-year bas~s, allowing for reasonable and necessary expenses of provldmg such wastewater servxce, and allowing for known and measurable changes in costs Such changes shall allow the spreading of non-recurnng expenses over an appropriate benefit period The first test year occurred October 1, 1997, through September 30, 1998 On a not to exceed six (6) year cycle thereafter, a complete, detailed rate study will be performed with the same methodology used in the previous rate study by an independent utility rate consultant Thereatier, changes xn the methodology will be allowed if recommended by the independent consultant In the interim between complete detailed rate studies, wholesale wastewater rates shall be adjusted by Denton using the same methodology adopted at the same time, of the last complete detmled rate study utilizing the actual operating data for the twelve month period ending September 30th Of the prior year, adjusted for known and measurable changes in cost data wluch may have occurred since the last audited statement 7 5 The ~mtml rates for this Contract shall be those adopted by the Denton City Counml in Ordinance No 2000-295, finahzed m September 2000, effective October 1, 2000, as follows Volume Charge $2 00 per 1,000 gallons BOD Strength Charges $0 004228 mg/1 of BOD above 250 mg/1 17 TSS Strength Charges $0 002317 mg/1 of TSS above 250 mg/1 Faclhty Charges $180 00/30 days Samphng Charge $35 O0 Analys~s Charge $15 O0 7 6 Amendment of Rate The rate charged the C~ty of Argyle shall increase or decrease xn accordance w~th any amendment to the Rate Schedule apphcable to the C~ty of Argyle, as approved by Ordinance of the C~ty Councd of Denton, and normal and reasonable m cost of service At least sixty- (60) days prior to the effective date of any proposed amendment of the rate charged to Argyle, Denton shall send written not,ce of the proposed rate amendment to the C~ty of Argyle If Denton fatls to g~ve written notice at least sxxty-(60) days prior to the effective date of the amended rate, the amended rate shall become effective, as ~t apphes to the City of Argyle, on the s~xty - first (61st) day after the written not,ce ~s sent 7 7 Denton shall render balls for Wastewater treatment and d~sposal servme to Argyle monthly All such bills shall be due and payable by Argyle not more than thirty- (30) days from the bflhng date The bills will show current charges, as well as past-due charges Current charges shall be the amount due for Wastewater collection, treatment and disposal service provided ,since the pnor billing period Past-due charges shall be the total amount unpaid from all prior bllhngs as of the current bdhng date Payments received shall first be apphed to the past due charges, ff any, and thereafter to the current charges For late payments, a finance charge of ten pement (10%) per annum may be calculated from the date when the payment was due untd pmd 7 8 If Argyle d~sputes a b~ll and ~s unable to resolve the difference informally, Argyle shall not~fy the Director m writing Dispute of a bill ~s not grounds for nonpayment If Argyle at any t~me chsputes the amount to be prod to Denton, Argyle should nonetheless promptly make such payment, but, if ~t ~s subsequently determined by agreement or court decision that such d~sputed payment ishould have been less, or more, Denton shall promptly correct the charges All such amounts due and owing to Denton by Argyle, or due and owing to Argyle by Denton, shall be prod plus ten (10%) pement per annum from the date when due until prod 7 9 The partaes agree that services obtmned pursuant to th~s Contract are essential and necessary to the operation of Argyle's wastewater faclhtles, and that all payments made by Argyle shall constitute reasonable and necessary operating expenses of wastewater systems within the meaning of Artacle 1113, Vornon's Annotated Texas Statutes, w~th the effect that the obligation to make such payments shall have priority over any obhgat~on to make any payments from such revenue, with respect to all bonds or other debt obhgatlons heretofore or hereafter assued by Argyle 7 10 Argyle agrees, throughout the term of th~s Contract, to fix and collect such rates and charges for wastewater service m its system as will produce revenues ~n an amount equal to at least (I) All of the operation and mmntenance expenses of such system, including spemfically, ~ts payments under this Contract (II) All other amounts as required by law and the prowsmns of the ordinances or resolutions anthonzmg its revenue bonds or other obhgataons now or hereafter outstanding, including the mounts required to pay all pnnclpal of, and interest on such bonds and other obhgatlons 8 0 Argyle Concerns and Disoutes 8 1 Argyle shall notify the Director regarding any concern or d~spute related to the wholesale Customer volumes balled and/or wholesale rates charged Denton shall prowde explanataons and/or documentation whach outlines the processes used by Denton ~n order for Argyle to fully understand how the monthly volumes and billings were determined and/or wholesale rates were calculated 8 2 If Argyle disputes the monthly billing and/or rates, Argyle must continue to make prompt monthly payments as reqmred by tins Contract If, after a thorough rewew, Argyle's concern or dispute aS determined to have merit and justification, the area of concern or daspute shall be promptly adjusted and corrected Unless otherwase spemfied in this Contract, the determination or settlement an areas of dispute, wall generally be judged m accordance w~th standard practices 19 used in the wastewater treatment and collection industry, while consldenng fairness to both parties 9 0 Industrial Connection and Momtorlng 9 1 Argyle agrees that it will not permit any Significant Industrial User within Its jurisdiction to connect directly or indirectly, either to its system, without at least thirty- (30) days prior written notification to the Director of such intent to connect Argyle shall provide the Director with such information pertalmng to volume and composition of expected flow as may be requested After a review of the submitted data, the Director has the right to refuse the permit only if such SIU would cause Wastewater discharged by the City of Argyle at the Point of Entry to be m violation of this Contract 9 2 Argyle agrees to conduct any and all momtonng, sampling and inspection of Argyle System and Industrial Users as necessary to insure that industrial waste introduced into the City of Argyle System meets the quality standards set out m Section 10 2 hereof Upon request to Argyle, a representative of Denton will be penmtted to observe Argyle's collection of samples from Industrial Users, and Argyle agrees to furnish Denton separate duplicate samples for independent testing, and, upon request, to provide the Director sample analysis results and Pretreatment records 9 3 Argyle agrees that Denton shall have the right to sample wastewater at all Points of Entry and at such other locations as may be mutually agreed to in writing by both parties, for the purpose of detonmmng the volume and quality of wastewater entenng the Denton System Argyle agrees to disconnect from its system any Industrial User found to be in violation of allowable discharges or who refuses access to its facilities for the purpose of sampling wastewater being discharged into the City of Argyle System, provided, however, that smd disconnected Industrial User shall be afforded the same rights and pnwleges of appeal as Industrial Users operating within Denton's junsdmtlon Prowded, however, Denton may not require such Industnal User to disconnect from Argyle's System, if the quality of the wastewater delivered to the Point of Entry is in compliance with this Contract 2O 9 4 Following reasonable notme to the City &Argyle by Denton, Denton may enter Argyle's junsdmt~on ff Denton detenmnes that questionable discharges or prohibited discharges are entenng the Denton System through the Pomt of Entry Argyle agrees to assist Denton and to coordinate with its Customers in locating and eliminating such prohibited d~scharges within the Argyle System 9 5 The Director shall send written notice to the City of Argyle if it ~s detenmned that a Customer ~s failing to provide a satisfactory Pretreatment program, or a discharge by the City of Argyle is in violation of the SUO or this Contract The notme shall contmn the following (a) the nature and description of the violation, (b) the provision of the SUO or of this Contract being violated, (c) the correet~ve action that must be taken, and (d) the time in which the corrective action must be taken Denton and Argyle shall cooperate to determine the source of any wastewater discharge vlolat~on and agree to cooperate in remedying the violation, but, Argyle shall be responsible for lnsunng that the violation is properly and t~mely corrected Argyle's failure to take reasonable efforts to have the violation corrected m the t~me specffied shall be a breach of this Contract for which Denton may terminate service to the particular Customer wherein the offending wolat~on is taking place 10 0 Wastewater Ouallty 10 1 Argyle agrees that ~t shall enact operating pohmes and enforce an ordinance governing Industrial waste that are at least as stnngent as the provisions of the current Denton Sewer Use Ordinance No 93-112 (SUO) 21 10 2 The parties recogmze that federal and state laws and regulations concemang Wastewater treatment and discharges may penodmally change dunng the term of th~s Contract, requmng revisions ~n the SUO It is the intent of tins Contract that the SUO be remewed penodmally by Denton and revised ~n accordance w~th the latest laws and regulations of federal and state agencaes having junsdlctaon over wastewater treatment and dascharges Argyle agrees, upon reasonable notme, to enact and enforce ordinances or any amendments to the SUO, or any future ordinances relating to ~ndustnal discharges, prohabated or controlled wastes, or Pretreatment Requirements 10 3 Denton shall give wntten notme to Argyle at least mnety- (90) days prior to consaderatlon by the Denton Caty Council of any amendment of the SUO that amends a provaslon of the SUO that applies to this Contract, or that adds a new provaslon to the SUO that Denton as reqmred to apply to wastewater received by Denton under this Contract 10 4 Argyle shall be responsible for gawng notice of the proposed amendment to any of ats Customers affected by the amendment Upon the effectave date of the amendment to the SUO, it shall be consxdered an amendment to thas Contract and shall be attached hereto, showang the amendment made Argyle shall adopt and enforce such proposed ordanances or amendments as soon as reasonably practicable after the effectave date of the Denton ordanance or amendment, provided that Argyle as properly notified of the ordinance or amendment required heroan 10 5 Argyle agrees that the quality of the wastewater d~scharged ~nto the Denton System shall be equal to or better than the quahty standards estabhshed by Denton Ordinance No 93-112, or to any amendment thereto adopted pursuant to Section 10 1 10 6 Argyle shall reqmro all S~gmftcant Industrial Users wathan ~ts junsdactaon that ultamately d~scharge rote the Denton System to apply for and obtmn a permit from Argyle allowang such d~scharge Such permxt shall reqmro Industrial Users to abate prohibited substances from their discharge as a condition to d~scharglng wastewater into the Argyle System The permat apphcatlon shall contmn, as a minimum, the followang 22 1 Name and address of d~scharger 2 Agent for discharger 3 Type of industry 4 Products produced or servmes rendered 5 Chemicals being stored and/or used 6 Antmlpated daffy wastewater flow rates Argyle shall prowde Denton a copy of such apphcat~on and permit, ~f ~ssued, w~th~n fourteen (14) days after issuance 11 0 Tltle to and Lmbfl~ty for Damages and Responsibility for Treatment and Disposal of Wastewater L~abfl~ty for damages arising from the transportation, dehvery, reception, treatment, and/or d~sposal of all wastewater discharged into the Denton System hereunder shall remain w~th Argyle to the Point of Entry, and upon passing through Pmnt of Entry, title to such wastewater and habfl~ty for such damages shall pass to Denton As between Denton and Argyle, each party agrees to mdemmfy the other to the extent permitted by law and to save and hold the other party harmless from any and all claims, demands, causes of action, damages, losses, costs, fines, and expenses, mcluchng reasonable attorney's fees, whmh may arise or be asserted by anyone at any t~me on account of the transportation, dehvery, reception, treatment, and/or dmposal while t~tle to the wastewater ~s in such party, or on account of a prohibited discharge by the C~ty of Argyle Denton has the responsibility for the proper reception, transportation, treatment and d~sposal of all wastewater dmcharged into the Denton System, but not for prohibited discharges by any party at any Point of Entry Denton may, after treatment of such wastewater, reclmm, use or sell the water, sludge or any other product for reuse Wastewater entenng the Denton system becomes the property of Denton 12 0 Infiltration and Inflow Argyle agrees that ~t has an obhgat~on to prevent infiltration and ~nflow into ~ts system and then into the Denton System Argyle further agrees that all sewer connections w~thm ~ts junsdmt~on, 23 whmh ultimately enter the Denton System, will be constructed ~n accordance with applicable specifications and standards at least equal to those of the Denton System Further, Argyle covenants and agrees to malntmn strict supervision and maintenance of its system to reasonably prevent connections through which surface drainage can enter the Denton System Argyle shall not make, nor shall it permit to be made, any connection, which will contribute storm water mn- off from rainwater, spouts, drmnage areas, streets, gutter dram or other source of rmnwater ~nto Argyle's System 13 0 Assistance 13 1 In the event, Argyle requests assistance w~th the Argyle System, Denton may, at ~ts option, assist Argyle Argyle agrees to pay Denton ~ts actual costs incurred, ~ncludlng, but not hmlted to, admlmstratlon, labor and material expended, as documented by Denton Nothing here~n shall be construed to reqmre Denton to assist Argyle Such costs will be lnvmced to Argyle and payment made within thirty- (30) days after receipt of invoice Should the C~ty of Argyle request a long term Operations and Mmntenance Contract for the Argyle system, then, ~n that event, a separate contract can be prepared 13 2 In the event, Denton requests assistance with the Denton system, Argyle may, at ~ts option, assist Denton Denton agrees to pay Argyle as actual costs recurred, ~ncludmg, but not hmlted to, administration, labor and material expended, as documented by Argyle Nothing herein shall be construed to reqmre Argyle to assist Denton Such costs will be invoiced to Denton and payment made within tlmrty- (30) days after receipt of lnvome 14 0 Pretreatment Program If requested by Argyle, Denton will enter into a separate contract with Argyle, or d~rectly with a particular Customer, to develop and/or administer a local Pretreatment servme program for such Customer on a cost reambursement basis 24 15 0 RePorts and Records If requested by the Director, Argyle, shall provide the following data on an annual basis A Actual number of Customer accounts discharging into the Argyle System, B Classification of Domestm and Non-Domestic Accounts wlthxn its servme area by number and percentage of accounts discharging ~nto the Argyle System C Additional data which may assast Denton and/or Argyle in developing methodology for cost of servxce studies, planmng studies for analyzing federal grants, and wholesale system Impact Fees, provIded, however that Denton shall not request data that will reqmre Argyle to recur unreasonable expenses in providing such data 16 0 NOtices Any not,ce, communication, request, reply or advice herein provided or permitted to be given, made or accepted by e~ther party to the other party must be m writing to City of Denton City Manager City of Denton, Texas 215 East McKlnney Denton, Texas 76201 Argyle Mayor City of Argyle 506 North Hwy 377 Argyle, Texas 76226 The parties hereto shall provide not,ce m writing of any change that may occur an their respective addresses from t~me to t~me 17 0 Inspection and Audit Complete records and accounts reqmred by each party hereto shall be kept for a period of five (5) years Each party shall at all t~mes, upon not,ce, have the right at reasonable times to 25 examme and respect smd records and accounts dunng normal business hours, and further, if required by any law, rule or regulation, make said records and accounts avmlable to federal and/or state auditors Whenever, under the terms of this agreement, Denton ~s permitted to g~ve its wntten consent or approval, Denton may g~ve or may refuse such written consem or approval and, if g~ven, may restrict, hm~t or condition such consent or approval ~n any manner ~t shall deem advisable, however, consent will not be unreasonably w~thheld 18 0 Waiver, Remedy, Severabfilty 18 1 No waiver by e~ther party hereto of any term or condition of th~s Contract shall be deemed or construed to be a wmver of any other term, or condition, or subsequent wmver of the same term or condmon 18 2 In addition to any other remedy as may be prowded by law, th~s Contract shall be specifically enforceable by the part, es hereto Venue for any action shall be in Denton County, Texas Th~s Contract shall be governed by the laws of the State of Texas 18 3 It is agreed that, ~n the event any term or prows~on herein contmned 18 held to be ~nvalld by any court of competent jurisdiction, the mvahdlty of such term or prows~on shall m no way affect any other term or provision contmned here~n, further, th~s Contract shall then continue in full force and effect as ff such ~nvahd term or provision had not been contained herein 19 0 Ownership and Liabihty 19 1 Except as expressly provided herein, thxs Contract shall not be construed to create any type of joint or eqmty ownershxp of any property, any partnershxp or joint venture, nor create any other property nghts or habflxt~es Argyle payments (whether past, present, or future) will not be construed as granting to Argyle any partxal ownership of, prepmd capacity ~n, or eqmty xn the 26 Denton System Provided however, Argyle shall have the contlnarng right to receive the services provided for hereto under the terms of this Contract 19 2 Contracts made and entered Into by either Argyle or Denton for the construction, reconstruction or repar of any Delivery Faclhty shall mclude the reqmrement that the independent contractor(s) must provide adequate insurance protecting both the City of Argyle and Denton as msured Such contract must also provide that the independent contractor(s) covenant to mdemnlfy, hold harmless and defend both the City of Argyle and Denton aganst any and all stats or clams for damages of any nature arising out of the performance of such contract 20 0 Compliance with Permit Conditions Argyle acknowledges that Denton is the holder of discharge permits issued by the Umted States of America and the State of Texas Argyle agrees that it will comply with all permit conditions in any way relating to its collection system and any discharge into the Denton System Argyle agrees that in the event, a fine is assessed agmnst Denton for any violation of any permit condition, and the violation ~s attributable to any act of omission or commission by Argyle, Argyle will pay to Denton the amount of such fine If such fine is not attributable to Argyle, such fine shall be pad by Denton 21 0 Term of Contract/Effective Date The term of this Contract shall be for tturty (30) years, with the provision for two (2) 10-year term extensions based on mutual agreement from the date first stated above Thereafter this Contract shall be subject to re-negotiation between the Parties hereto Any party electing to terminate thas Contract must pmmde the other party w~th five (5) year's notice 22 0 Force Majeure No party hereto shall be considered to be In default in the performance of any of the obhgatlons hereunder (other than obligations of either party to pay costs and expenses), if such falure of performance shall be due to an uncontrollable force beyond the control of the parties, including 27 but not hmtted to f*alure of facilities, flood, earthquake, tornado, storm, fire, hghtmng, epidemic, war, not, c~wl disturbance or disobedience, labor d~spute, and action or non-action by a failure to obt*an the necessary anthonzat~ons and approvals l~om any governmental agency or authority or the electorate, labor or material shortage, sabotage, or restraint by a court order or pubhc authority, wluch by the exercise of due diligence and foresight such party could not have reasonably been expected to avoid and which by exercise of due dlhgence it shall be unable to overcome E~ther party rendered unable to fulfill any such obligation shall exercise due diligence to remove such inability w~th all reasonable dxspatch In the event the proper operation of the Denton System, as a result of the above, requires Denton to temporarily interrupt all or part of the services to Argyle, no claims for damage shall be made by Argyle against Denton Denton will exercise its best efforts to insure that such ~ntermptxons will not adversely affect the health and welfare of Argyle's residents In the event the proper operation of Argyle System, as a result of the above, requires Argyle to temporarily interrupt, reduce or increase flow to the Denton System, no cl*ams shall be made by Denton against Argyle 23 0 Wastewater Imnaet Fees The Denton City Council has adopted "Impact Fees" by amending Chapter 26 "Utilities" of the Code of Ordinances, Ordinance No 98-301, providing for the Assessment of Such "Impact Fees" 23 1 On a quarterly basis, Argyle agrees to pay to Denton a Wastewater System Impact Fee for each new or enlarged connection for Wastewater service made within Argyle's service area served by the General Benefit Capital Facilities of the Denton System Denton, however, agrees that ~t shall treat up to 560 SFE w~thout any wastewater plant-related impact fees Argyle agrees to place quarterly impact fees received in an lnterest-beanng account and remit to Denton on a quarterly basis the impact fees plus interest earned The Wastewater System Impact Fee to the City of Argyle for each such connection shall be based upon the size of water meter and shall be equal to the Wastewater System Impact Fee collected for the same size water meter made w~thln the ret*al service area of Denton, except as provided ~n subparagraph 23 6 of this Section Water meters installed solely for lmgatlon purposes shall not be assessed a wastewater Impact Fee 28 The calculation of the Wastewater System Impact Fee shall be consistent with all applicable state and federal regulations, including Chapter 395, Texas Local Government Code, or any amendment or successor statute It shall include only those costs associated w~th wastewater system capital expansions and capital improvements ~dentlfied by Ordinance No 98-301 or amendments of said Ordinance, necessary to pmmde service to new growth and development, and/or expanded growth and development of exlstmg Customers Nothing within this Contract shall be deemed to prevent either Denton or Argyle from charging their own retail Customers an impact fee in excess of the wastewater system Impact Fee provided for herein 23 2 Denton agrees that all monies for Impact Fees remitted to it pursuant to this section wall be placed m a separate lnterest-beanng account to pay only for the cost of constructing capital ~mprovements or faclhty expansions for the wastewater system as permitted by Chapter 395, Texas Local Government Code, or any amendment thereto, or by any successor statute thereto, and will not be used for operation and mmntenance expenses Once expended on capital projects, such funds and all interest earned thereon w~ll be considered a "contrlbutmn" for rate setting purposes and shall not be included in the rate base for wholesale service or return on investment calculation purposes Deprematlon expense wall be based on the original cost of all capital famht~es both invested and contributed capital, which facilities are expected to be replaced by Denton at a future date in order to malntmn servme 23 3 Argyle shall prowde to Denton such lnfommt~on that relates to the making of new and/or ups~zed connectmns within its junsdmtlon as may be requested by the D~rector, including but not hunted to bmldlng permits, w~th each quarterly payment required an this Section 23 4 Should Denton nor Argyle wmve any impact fee due from a retml Customer for a new or upslzed connection to ~ts respective system within its jurisdiction, Denton or Argyle shall pay such impact fee from other sources into the fund required for paying for the capital improvements 23 5 Denton agrees that only those capital improvements related to the wastewater system ldentffied in Ordinance 98-301 or amendments of said ordinance, shall be included ~n the capital ~mprovements plan for the purpose of determ~mng Wastewater System Impact Fee, prowded, 29 however, Denton may include other capital improvements for the purpose of determ~mng impact fees to ~ts own retail Customers 23 6 Pnor to the adoption of any land use assumptions, capital improvements, or Impact Fees, the City of Argyle shall be furmshed a copy of the proposed land use assumptions, capital improvement plan or proposed Impact Fee at least thirty- (30) days prior to any scheduled heanng thereon Any rewsed Impact Fee adopted pursuant to such updated capital amprovements plan shall not take effect for a period of at least ninety- (90) days after adoptaon by Denton 24 0 Termination 24 1 Th~s Contract ~s not ~ntended to specify an exclusive remedy for any default, but all such other remedies (other than termination) exmt~ng at law or ~n equity may be avmled of by e~ther party and shall be cumulative Recogmzmg, however, that the failure of either party to perform cannot be adequately compensated ~n money damages alone, both partms agree that ~n the event of any default on its part, the other shall have available to it the eqmtable remedy of mandamus and specific performance, in addition to any other legal or equitable remedies (other than termination) which may be avmlable The remedy of termination for default precluded by th~s paragraph does not prolub~t either Party from terminating th~s Agreement for default ~n accordance with the terms of th~s Agreement, or as otherwise specifically provided here~n 24 2 Also flus Contract may be terminated m whole or ~n part by the mutual consent of the govermng bodies of the C~ty of Argyle and the City of Denton Notwithstanding anything contained here~n to the contrary, any material broach, as defined hereto, by e~ther party hereto shall be eanse for termination of th~s Contract by the other Party m the manner set forth ~n this Section 24 3 For failure to pay for undisputed costs for services rendered ~n accordance w~th this Contract, Denton may terminate th~s Contract s~xty (60) days following the date not,ce of nonpayment is received by the C~ty of Argyle, unless full payment is made by the City of Argyle w~flun that t~me 30 24 4 The terms and procedures set forth m Sections 24 2 and 24 3, while mfemng primarily to Denton, shall be equally apphcable to Argyle Denton shall dehver to Argyle ninety- (90) days prior written notice of its intention to so terminate this Contract if Argyle falls to cum or adjust such material breach, including in such notice a reasonable description of the breach In the event Argyle does not agree that it is in such breach, default or failure, Argyle may respond in writing for Denton's further review, or, m the alternative Argyle may respond wlth a plan of action for Denton's approval, whmh approval will not be unreasonably denied Denton shall advise the C~ty of Argyle in wntmg ~mmedlately upon acceptance of the cum of any such breach If wltban smd mnety- (90) days Argyle shall fall or refuse to cure such breach to the reasonable satmfact~on of Denton, then and m such event, Denton shall have the right w~th six months advance written additional notme to Argyle, to declare this Contract terminated In the event of termination of this Contract, all rights, powers, and pnmleges of Argyle hereunder shall cease and terminate The following breach, default or fadure to perform a duty or obhgatlon shall be considered a material breach a Fmlure to adopt and enforce any ordinance reqmred to be adopted and enforced herem, ~f Argyle has received notice as reqmred in Section 10 of this Agreement, or if by a Customer of Argyle, the failure of Argyle to take reasonable steps to obtain such action by Customer b Making any connection to the Denton system at any point except as promded in Section 2 2 hereof c Failure to prowde Denton ~ngress and egress for purposes of samphng and operation and maintenance of any metenng or any samphng facthty d Fmlure to provide Denton w~th rights-of-way as reqmred herein e Fmlure to permit any sampling of Wastewater as provided for here~n f Fatlure to dmconnect Industrial users of Argyle pursuant to this Contract g Farlure to mmntmn the quahty of thscharge as required in this Contract h Fmlure of Argyle to comply with Section 10 hereof Fmlure of Argyle to comply w~th Section 23 hereof Fmlure of Denton to promde the servmes reqmred by th~s Contract or to carry out ~ts duties and responsibilities under this Contract 31 24 5 In case of any other breach, default, or fmlure to perform duties under th~s Contract, not addressed by Sections 24 1 or 24 2, Denton shall dehver to Argyle s~xty- (60) day's advance written notice of such breach In the event Argyle does not agree that ~t ~s ~n such breach, default or fmlure, Argyle may respond ~n writing for Denton's further review, or ~n the alternative Argyle may respond w~th a plan of action for Denton's approval, which approval will not be unreasonably denied Argyle may t~mely appeal Denton's determination of breach or Denton's ftulure to approve ~ts plan cure the alleged breach to the Utility Account Review Committee of the C~ty of Denton, Texas, as provided for ~n the Denton Code of Ordinances, Chapter 26 Pen&ng the outcome of Argyle's appeal, the charges shall not be due and payable by Argyle 24 6 Any fmlure by Denton to terminate this Contract or the acceptance by Denton of any benefits under this Contract for any penod of t~me after such material breach, default, or fmlure by Argyle, shall not be determined to be a wmver by Denton of any nghts to termxnate thru Contract for any subsequent material breach, default, or fmlum 24 7 Any failure by Argyle to so terminate th~s Contract, or the acceptance by Argyle of any benefits under th~s Contract, for any period oft~me after such material breach, default, or failure by Denton, shall not be determined to be a wmver by Argyle of any rights to terminate thru Contract for any subsequent matenal breach, default or failure 25 0 Miscellaneous 25 1 Th~s Contract is subject to all apphcable federal and state laws and any apphcable permits, orchnances, or amendments adopted pursuant to Section 10 0 and any roles, orders, or regulations of any state or federal governmental authority hawng or asserting junsdmtlon Nothing contmned herein shall be construed as a waiver of any right by either party to question or contest any such law, ordinance, order, role or regulation in any forum having junsdmt~on 25 2 The parties hereto agree to make any changes in this Contract made necessary by any amendment or rews~on to state or federal regulations 32 25 3 Upon prior notice by Denton, any duly authorized employee of Denton beanng proper credentials and ldenttficatlon shall notify Argyle of need for access to any premises located within A. xgyle's boundaries limits or served by Argyle for the purpose of inspections and observation, measurement, sampling and testing and/or auditing, in accordance with the provisions of this Contract Argyle may elect to accompany the Denton representative To the extent penmtted by law, Denton agrees to indemnify Argyle and hold Argyle harmless for any damage or any injury to person or property caused by the negligence of such duly authorized employee while such employee is in the course and scope of his employment 25 4 In each instance herein where reference is made to a federal or state regulation, ~t is the retention of the parties that, at any given time the current federal or state regulation shall apply If a publication or reference work referred to herein is discontinued or ceases to be the generally accepted work m its field, or if conditions change, or new methods or processes are implemented by Denton, new standards shall be adopted which are ~n compliance with state and federal laws and any valid rules and regulations pursuant thereto 25 5 Section headings in this Contract are for convenience only and do not accurately or completely describe the contents of any Section Such headings are not to be construed as a part of this Contract, or m any way definmg, limiting or amplifying the provisions hereof 25 6 Whenever any disputed matter herein is to be specifically determined by the use of a mediator, the following procedure is to be followed The party requesting that the dispute be settled by mediation shall serve on the other party a request in writing that such matter be handled by mediation Argyle Representative and D~rector shall mutually agree in writing on the selection of an impartial mediator Such agreement shall be made within ten (10) days from the date that the request for mediation is received If agreement is not reached on the selection of the impartial mediator on or before the tenth (10th) day after the date that notice ~s received, the Director shall immediately request a hst of seven quahfied neutral mediators on the hst If they do not agree wlthm five (5) working days after the receipt of the hst, Argyle Representative and Director shall alternate striking a name from the list and the name remaining shall be the impartial mediator Argyle Representative and Director shall mutually agree on a date for the medmtlon The decision of the mediator shall not be final Mediation shall not ~n any event toll any default period under the Contract, unless approved mutually ~n writing by Denton and Argyle 25 7 Denton shall have the right to assign thru Contract to the Upper Tnmty Regional Water D~stnct w~th the prior written consent of the C~ty of Argyle to any revisions or changes to th~s Contract, which shall not be unreasonably withheld 1N WITNESS WHEREOF, the Part,es hereto have caused th~s Contract to be executed by their respective officers thereunto duly anthonzed CITY OF DENTON, TEXAS By Michael W Jez, City Manager ATTESTED JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CITY OF ARGYLE, TEXAS By Yvonne A Jenkins, Mayor 34 ATTESTED By City Secretary APPROVED AS TO LEGAL FORM By PATRICIA ADAMS, CITY ATTORNEY S \Our Documents\Contraeta\01\Wholesale Wastewater Treatment Contract Argyle Rvs 021201 doc ADendaltem , AGENDA INFORMATION SHEET AGENDA DATE February 20, 2001 DEPARTMENT Water Utlhtles ACM: Howard Martin, 349-8232 ~ SUBJECT' AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE CITY OF ARGYLE, TEXAS PERTAININGTO THE CONSTRUCTION, INSTALLATION, AND COST PARTICIPATION OF THE GRAVEYARD BRANCH GRAVITY FLOW WASTEWATER MAIN; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND' The City of Denton and City of Argyle have developed an mterlocal cooperation agreement regarding cost part~mpatmn as well as construction and mstallatmn of the Graveyard Branch wastewatar line project Staffpresented a report on th~s ~nterloeal agreement at the December 19, 2000 City Council meeting and received Councd d~rectmn to proceed with the agreement Exhibit I prowdes the ~nterlocal cooperation agreement Th~s new wastewater hne wall extend generally along the graveyard branch channel ahgnment from Crawford Road in Argyle to Denton's Hmkory Creek wastewater ~nterceptor Under the provls~ons of this agreement, the cost shares for each city are based on the projected use of the hne flow capacity Argyle's capacity share of tins hne will be 1600 single family eqmvalents (SFEs) Using this formula, the City of Argyle wall pay approximately 23% of the total cost of the hne Based on the current $2 897 mdhon estimated cost of the Graveyard Branch hne, Argyle's share is $687,518 Denton sold Wastewater revenue bonds ~n the spnng of 2000 to finance the new hne, and Argyle will reimburse Denton for Argyle's share of the debt servme cost In addition to Argyle's share, the current owner of the Huffines' property wall also pay an agreed to amount of $1,247,588 as part of the Huffines' settlement for the partmlpatmn in the Graveyard Branch wastewater line RECOMMENDATIONS. Staff recommends approval of an Intcrlocal Cooperation Agreement by and between thc City of Denton and City of Argyle pertaining to the construction and installation of the Graveyard Branch grawty flow wastewater mare PRIOR ACTION/REVIEW (Council, Boards, Commission). The Public Utdmes Board and City Council have reviewed this issue on previous occasions The directed Staffto proceed with completion &the Interlocal Cooperation Agreement at the December 19, 2000 council meeting FISCAL INFORMATION: The Graveyard Branch wastewater line project cost shares are estimated as follows Denton Share $ 961,931 Argyle Share 687,518 Settlement Agreement Share 1,247,588 Total Project Cost $2,897,037 Respectively Submitted Howard Martin ACM/Utlhtles Exhibit I, Graveyard Branch Interlocal Cooperation Agreement with City of Argyle Exhibit II Ordinance Approving Execution of Interlocal Cooperation Agreement ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN 1NTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE CITY OF ARGYLE, TEXAS PERTAINING TO THE CONSTRUCTION, INSTALLATION, AND COST PARTICIPATION OF THE GRAVEYARD BRANCH GRAVITY FLOW WASTEWATER MAIN, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the Mayor, or m her absence the Mayor Pro Tem, ~s hereby authorized to execute, on behalf of the City, an Interlocal Cooperation Agreement between the City of Denton, Texas and the City of Argyle, Texas for the construction, installation, and cost participation of the Graveyard Branch Grawty Flow Wastewater Man, substantmlly m accordance w~th the Interlocal Cooperation Agreement which ~s attached hereto and incorporated by reference hereto SECTION 2 That the expen&ture of funds as set forth m the Interlocal Cooperation Agreement is hereby anthonzed SECTION 3 That this ordinance shall become effective ~mme&ately upon its passage and approval PASSED AND APPROVED this the day of ,2001 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By~~~ S \Our Documcnts\Ordmances\OO\Interlocal Agrmt City of Argyle Graveyard Branch WW Lme doc THE STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT BY ANI) BETWEEN T~IE CITY OF I)ENTONs TEXAS ANI) TI-IE CITY OF ARGYLEs TEXAS PERTAINING TO THE CONSTRUCTIONs INSTALLATIONs ANI) COST PARTICIPATION OF TtlE GRAVEYARI) BRANCFI GRAVITY FLOW WASTEWATER MAIN TItIS AGREEMENT is made and entered into by and between the City of Denton, Texas, a Texas mtmlclpal corporation (hereafter "Denton"), whose pnncipal offices are located at 215 East McKanney Avenue, Denton, Texas 76201, and the City of Argyle, Texas, a Texas mtmlelpal corporation (hereafter "Argyle"), whose principal offices are located at 506 Highway 377 North, Argyle, Texas 76226, each organized and existing under the laws of the State of Texas, and acting by and through the authority of their respective governing bodies and officials, and WI-IEREAS, Denton and Argyle are local governmental entitles, both of whom have the authority to perform the activities set forth in this Agreement individually, and who mutually desire to enter into an lnterlocal cooperation agreement, as provided for in Chapter 791 of the Texas Government Code (Vernon 1994) in order to maximize the benefits to the citizens of Denton and Argyle to be derived from each taxpayer and/or ratepayer dollar expended, and WI-IEREAS, Denton has planned, and intends to construct and install a wastewater transmission line that is located in Denton and Argyle, in Denton County, Texas, in order to provide wastewater infrastructure to existing and future developments, and this Project is called the "Graveyard Branch Wastewater MAn Project (hereafter the "Project"), and which Project shall extend generally along the Graveyard Branch channel ahgnment from Crawford Road m Argyle to Denton's Hickory Creek Wastewater Interceptor, and WttEREAS~ Denton and Argyle, each in accordance with its respective ordinances, desire to jointly implement the Project and jointly participate in the cost of constructing and mstalhng the Project, for the purpose of providing facilities to adequately receive, transport, treat, and dispose ofwastewater, and WI-IEREASs Denton has been and is willing to accept the responsibility of providing improved wastewater treatment and services to entitles located outside of its corporate hmlts to protect water quality and develop reuse potential, and Denton and Argyle intend to enter ~nto a separate contract entitled "Wholesale Wastewater Treatment Services Contract Between the City of Denton, Texas and the City of Argyle" (hereafter the "Contract"), wherein Argyle desires to obtmn wastewater treatment service on behalf of its customers, and Denton shall provide Argyle with regional wastewater treatment service on a wholesale basis, and WI~EREAS, Denton and Argyle desire to pool their respective financial resources to avoid unnecessary or duphcltous costs and expenses, intend to coordmate the collection, treatment, and reclamation of wastewater, and intend to attain mutual advantage and benefit by achieving economies of scale, resulting in savings to the taxpayers and ratepayers of Denton and Argyle, and WHEREAS, Denton and Argyle, by th~s Interlocal Cooperation Agreement (hereafter the "Agreement") express their mutual understanding that the relationship to be created by implementation of Agreement ~s that of two local governmental entities shanng the cost participation o£the Project, and there ~s a valid governmental purpose served by thru Agreement by Denton and Argyle to promde for construction and installation of the ProJect, and WHEREAS, Denton and Argyle represent that all payments made m connection w~th governmental functmns provided for by th~s Agreement, shall be made ~rom revenues available to Argyle m accordance w~th the prov~smns of Section 791 01 l(d)(3) of the Texas Government Code, and that the payments received by Denton hereunder are adequate and fairly compensate Denton for the servmes, functions, or act~wt~es performed, in accordance w~th the prows~ons of Section 791 01 l(e) of the Texas Government Code, and WHEREAS, the Inteflocal Cooperation Act, now contmned in Chapter 791 of the Texas Government Code (Vernon 1994), authorizes Denton and Argyle to enter into this Agreement for the purpose of achtewng the governmental functions and providing the services, functions, or act~wt~es represented by th~s collective, cooperative undertaking, and NOW, THEREFORE, Denton and Argyle, for and in cons~deratton of the premmes and the mutual promises and covenants set forth m this Interlocal Cooperation Agreement, and pursuant to the authority granted by the respective govermng bodies of each of the parties hereto, in accordance w~th Section 791 011 (d)(1) of the Texas Government Code, do hereby AGREE as follows I ADOPTION OF PREAMBLE All mattors and recitations stated ~n the preamble of this Agreement are true and correct and are hereby incorporated by reference into the provlsxons of this Agreement for all purposes pertinent II DEFINITION OF TERMS In addition to the defimt~ons stated m the preamble hereof, the terms and expressions as hereinafter used ~n th~s Agreement, unless the context clearly lndmates otherwise, shall have the following meamngs (a) "Average Day Wastewater Flow" means the dmly average flow rate computed by d~wchng the total quantity of wastewater flow generated over a calendar year by 365 days per year (b) "ProJect" means the Graveyard Branch Wastewater Matn Project (c) "Bonds" as used hereto, means the ~ssuance of debt, ~nclud~ng pnnmpal and interest, by Denton for the purpose of finanmng the ProJect 2 (d) "Interest Factor" as used herein, means the rate utilized herein which consists of Denton's average interest cost paid to retire the issuance of debt pertaining to the ProJect (o) "Force Mmn ProJect" means an existing Argyle-owned six (6)qnch diameter pipeline that can transport wastewater under pressure from Argyle to Denton's Hickory Creek Wastewater Interceptor For purposes of this Agreement, the Force Main Project has a capacity of 560 Living Unit Equivalents (f) "LUE" means living umt equivalent On a dmly average basis, one (1) LUE generates 320 gallons per day (GPD) ofwastewater flow (g) "Maximum Day Flow Rate" means the expected maximum wastewater quantity generated over a 24-hour day For purposes of this Agreement, the maximum day flow rate equals to the average day flow rate times two (2) (h) "Peak Hourly Flow Rate" means the expected maximum wastewater quantity that could occur in any given 60-minute period For purposes of this Agreement, the peak hourly flow rate equals to the average day flow times four (4) (0 "ProJect Costs" means all capital, construction, planning, englneenng, surveying, easement/right-of-way acquisition, financing, and other typical costs associated with the implementation of the ProJect, including without limitation, the bond issuance costs, bond insurance premiums, underwnter's discount, and deposits to the deposit reserve fund "Parties" means Denton and Argyle referred to collectively (k) "SFE" means single-family equivalent, for purposes of this Agreement "SFE" means the same as "LUE" III TERMS AND PROVISIONS OF THE AGREEMENT 1 Denton shall design, install, and construct the Project which includes, but is not limited to, approximately 20,000 linear feet of 15qnch, 21qnch, 24qnch, 30qnch, and 36-1nch diameter sewer pipe, along with all necessary appurtenances thereto (including, without limitation, metenng station, manholes, etc ), as generally shown on Exhibit I, attached hereto and incorporated hereto by reference The ProJect shall commence at the current downstream terminus of an existing sewer mmn located immediately upstream of Argyle's Lift Station No 1 (termed the "Point of Beginning") The Project shall terminate at Denton's existing Hickory Creek Wastewater Interceptor Mmn (termed the "End-Point") 2 The Parties agree that the ProJect at its End-Point with Denton's Hickory Creek Wastewater Interceptor Main shall have a capacity of conveying 20 67 million gallons per day 3 (MGD) of wastewater flow For purposes of thts Agreement, the Parttes further agree that they shall each have the followtng average day, maximum day, peak hourly flow capactt~es, and LUE capacity CITY AVERAGE MAXIMUM PEAK HOUR LUE DAY FLOW DAY FLOW FLOW CAPACITY CAPACITY CAPACITY CAPACITY (MGD) (MGD) (MGD) Argyle 0 512 1 024 2 048 1,600 Denton 4 655 9 311 18 622 12,898 TOTAL 5 167 10 335 20 67 14,498 3 Prior to the begtnmng of constmctton of the ProJect, Denton shall obtatn, as part of the Project Cost, all necessary penmts, hcenses and easements The easements, deeds, plats, and other documents so obttuned by Denton shall be revtewed and approved as to form and substance by Argyle prior to the beg~nmng of constructton If Denton ~s unable to acqmre any needed easements, Denton shall provide Argyle w~th tnformatton and any requested documentatton of tts efforts to obtam such easements, including ewdence of the negottattons and offers made to the affected property owners Any easements for the ProJect obtmned by Denton wtthtn the C~ty of Argyle shall be assigned to Argyle, tf easements are not already acqmred in Argyle's name, prior to acceptance of the ProJect 4 Argyle's share of the ProJect shall be 1,600 SFE's Argyle's share of the ProJect Costs shall be as set forth ~n Exh~btt II, attached hereto and incorporated herewtth by reference a Segment One -Commenctng at the Pomt of Begtnnlng located at the manhole at Statton 192+98 39, and endtng tmmedtately upstream from the manhole at Station 168+00, as shown ~n Exhtbtt I attached hereto and tncorporated by reference herewtth, and further as shown on the plans accepted by the Parttes prepared by Halff &Assoctates, dated September 14, 2000 Segment One shall contmn ProJect improvements (e g, sewer mmns, metenng station, manholes) that are exclusively used and useful to Argyle Segment One shall be solely owned by Argyle b Segment Two - Commenmng at the manhole at Station 168+00 (t e, where Argyle's metenng station ts located), to the Hmkory Creek Interceptor Ltne also as shown ~n Exhibit I 5 Denton's share of the Project Costs as between Denton and Argyle shall be computed as the d~fference between the total ProJect Costs and Argyle's share of the ProJect Costs Each party's respact~ve share of the ProJect Costs shall be based upon final audtted numbers for each Project segment, following the procedural example tn Exhtbtt II hereto 6 Pendmg final audited ProJect Costs, Argyle's portton of the ProJect Costs for the ProJect ~s currently estimated and projected to be $687,518 00 (termed the "Pnnmpal Component Amotmt"), as computed by the procedure and methodology as set forth ~n the "Contract Payment Schedule" which is marked Exhxb~t II, and xs attached hereto and ~ncorporated herewith by reference The Pnnc~pal Component shall ~nclude Argyle's share of the capxtal cost for the ProJect plus Argyle's share of the portxon of the other ProJect Costs, as defined ~n paragraph II (x) her6mabove Argyle shall also pay ~ts share of the port~on of such other and further costs and expenses, xf any, as calculated by Denton to Argyle that are reasonably ~ncurred and are assocmted w~th the constmctxon and mstallatxon of the ProJect, that are mutually agreeable between the Part,es 7 Argyle shall pay Denton a "Repayment Amount" as may be adjusted hemm, for Argyle's share of its capital costs assocmted w~th the ProJect, plus ~nterest as though Denton was financingI Argyle's Pnnc~pal Component Amount as a mortgage w~th level payments The Repayment Amount shall be calculated as the Pnnmpal Component Amount plus the total ~nterest earned on the Pnnclpal Component Amount financed at a rate of 5 61 percent (termed "Interest Factor" that represents the interest rate prod by Denton on the Bonds issued to finance the ProJect) over a period of twenty (20) years By way of example, the Repayment Amount on the projected Pnnc~pal Component Amount of $687,518 ~s $1,152,535 42, as computed and set forth, by way of example, m the Contract Payment Schedule shown ~n Exhibit II 8 Argyle shall pay Denton the Repayment Amount ~n accordance w~th the following terms and prows~ons a On each January 1 and July 1 following executmn of thru Agreement, and extendmg to the termination of th~s Agreement, as prowded for below, Argyle shall pay 1/40 (termed the "Contractual Payments") for the Repayment Amount projected to be $28,813 38 (e g, $1,152,535 42 d~wded by 40), whmh ~s one-half the annual level payment amount computed on a Pnnc~pal Component Amount financed at 5 61 percent mterest for a period of twenty (20) years It ~s agreed that the first such contractual payment shall be due and payable from Argyle to Denton on July 1, 2001 b Argyle may prepay part or all of ~ts contractual obhgatlons arising hereunder to Denton, w~thout penalty, at any t~me atter the fifth anmversary date of th~s Agreement by paying Denton a portton or all of the rematnmg Pnnclpal Component Amount Argyle shall not~fy Denton a m~mmum of one (1) year ~n advance of the final payoff If followmg the fifhh anmversary of thru Agreement Argyle prepays a portion of the Pnnclpal Component Amount, such payments shall reduce the remtumng Pnnc~pal Component Amount correspondingly, as ff the Contract Repayment Schedule attached hereto in Exhibit II were a mortgage debt pnnc~pal payment 0 e, the addat~onal pnnmpal prod by Argyle shall be deducted from the pnnc~pal due at the "back end of the note") Under th~s scenario Argyle shall continue to pay Deuton sem~-annual payments as scheduled and set forth m paragraph 8 a above until the rema~mng Pnnclpal Component Amount ~s prod ~n full In addition, Argyle may prepay one hundred (100%) percent of the Pnnclpal Component Amount as ffthe Contract Payment Schedule attached hereto as Exhth~t II were a mortgage debt being prepaid The Contract Payment Balance shall be 5 determmed at any t~me as the remaining Pnnc~pal Component Amount (as may have been reduced by partml pre-payment of pnnmpal amount) plus ~nterest prorated through the date of the Pnnc~pal Component Amount payoff e Further, when Argyle pays, whether wa any pre-payment or full payment options set forth above, ~ts contractual obhgat~ons at any t~me following the fifth anmversary date of the execution date of this Agreement, the Contract Payment Amount shall be adjusted to ~nclude a credit from Denton to Argyle to reflect Denton's bond selhng costs that are ~ncluded ~n the Repayment Amount These bond selhng costs are associated w~th the bond depoms placed by Denton m conjunction w~th the bond debt ~ssued by Denton to finance the ProJect (see example calculations of the credit amount shown m Exhibit II) The amount to be credited to Argyle shall be the cumulative mount pa~d by Argyle at the t~me of contract payoff that relates to bond deposit costs, plus cumulative interest earned on these annual payment amounts at the same rate Denton receives on ~ts investments The total credit shall be apphed to the pnnmpal balance owed by Argyle at the t~me of Contract payout 9 To determme the final ProJect Costs of the Project, Argyle shall have the right to ~nspect any and all records of Denton, ~ts agents, employees, contractors or subcontractors, and shall have the right to reqmre Denton to submit any necessary ~nformat~on, documents, ~nvmces, receipts or other records to verify the final audited ProJect Costs of the Project 10 Argyle will dehver wastewater to the Denton wastewater system at one or both of the following "Points of Entry" a To the ProJect at the tenmnus of Segment One, as defined ~n Paragraph III 4 a heremabove b To the H~ckory Creek Interceptor Ma~n at the point where Argyle currently chscharges wastewater from ~ts Force Matn 11 Under this Agreement Denton agrees to receive wastewater from Argyle totaling no more than 1,600 SFE capacity wa the Project, and 560 SFE capacity ~n the Force Main ProJect The Part,es agree that Argyle's contractual right respecting the foregoing amount of capacaty shall surmve the payment and/or prepayment of th~s Agreement, and ~s a contractual property right owned by Argyle that survives the termination of this Agreement 12 Argyle wall pay one hundred (100%) percent of the cost to construct wastewater metenng stataons, meeting Denton criteria, to measure the quantity and rate of wastewater being dehvered at each Point of Entry to the Denton wastewater system Upon construction and completion of the metenng stations, Denton shall own and operate these fac~ht~es Denton shall cahbrate these factht~es w~th regard to flow measurements at least once a year, or more often ~f reqmred The cost of cahbrat~on of these faclht~es shall be borne by Argyle as part of the operations and mmntenance ("O&M") costs set forth ~n paragraph III 13 here~n If the wastewater metenng stataon that measures Argyle's wastewater flows being conveyed through the ProJect ~s located at a point other than at the downstream terminus of Segment One as defined ~n paragraph III 4 a above, then Argyle and Denton shall develop and agree on a procedure and methodology to estimate the monthly wastewater flows that Argyle may contribute now or m the future mto that portion of Segment One that ~s located downstream 6 of the metenng stataon Altematavely, Argyle and Denton may jointly agree that any Argyle wastewater contnbutaons to Segment One downstream of the wastewater meter may be sub- metered by future Argyle customers 13 Argyle shall pay Denton O&M costs as shall be determined and to be set forth and provided for ~n a separate wastewater treatment semces contract to be entered into ~n the near-term by and between the Partaes 14 Under th~s Agreement, Argyle ~s purchasang and acqumng a contractual right and interest m and to the eqmvalent of 1,600 SFE of wastewater servme capacity w~thxn the Project and shall have an exclusave right to retaan such capacaty Th~s contractual right and anterest ~n and to such capamty shall survive the term of thas Agreement Argyle reserves the right to sell, trade, transfer, or assagn to any other entaty all or a part ofxts 1,600 SFE capamty in the ProJect, prowded that such transfer meets the following four (4) condmons a Only wastewater, as defined an Denton's Sewer Use Ordinance, as delivered to the Denton wastewater system, and b Wastewater can only be dehvered at eather or both of the two points of entry described ~n paragraph III 10 herexnabove, and c Quantity and rate of wastewater dehvery shall not exceed those spemfied ~n paragraph III 2, above, and d Denton provades written approval for any such transfer or assxgnment of Argyle's ownershap m the contractual rights and wastewater capamty rights acqmred pursuant to thas Agreement Denton agrees that it shall not unreasonably wathhold its approval of any such transfer or assignment, ff the proposed transfer or assignment does not vaolate the ~ntent or sprat of thas Agreement 15 Thru Agreement may be terminated by Argyle at any t~me after the fifth anmversary date of the execution of flus Agreement by Argyle paying and/or pre-paying the total amount due and owmg Denton as determmed by paragraphs III 7 and III 8 here~nabove, and as set forth an Exhabat II attached hereto In the event of such termanat~on, Argyle's rights and ~nterests respectmg the 1,600 SFE of wastewater capamty, as described ~n paragraph III 14 hereanabove, shall survave and shall not be terminated 16 In the event that Denton does not beg~n constmctmn of the Project w~thln twelve (12) months from the date of executaon of th~s Agreement by Argyle and Denton, then Argyle shall have the optaon to terminate th~s Agreement, upon thirty (30) days written notice dehvered to Denton 17 Dunng the Project desagn and construction phases, Argyle and Denton shall hold constmctaon meetmgs at least once per month, and more often, as may be necessary and appropriate, an order to coordinate thear actawtaes on the Project 18 Th~s Agreement embodies the entare agreement of the partaes hereto and there are 7 no promises, terms, conditions, understandings, or obhgatlons other than those cuntalned or incorporated herein This Agreement shall supersede all previous commumcatlons, represent~taons or agreements, whether verbal or written, between the parties hereto with respect to the subJeCt matter ofthls Agreement 19 Th~s Agreement is subject to modification, wmver, amendment, addition, or deletion, only by means of a written document duly executed by both of the Part,es hereto 20 This Agreement shall not be assigned by Denton without the express written consent of Argyle, which consent shall not be unreasonably withheld 21 Any and all stats for breach of th~s Agreement, or any other stat pertmnmg to or arising out of flus Agreement, shall be brought in a court of competent junsdmtlon in Denton County, Texas Th~s Agreement shall be governed by and construed in accordance with the laws of the State of Texas 22 The paragraph headmgs contained in this Agreement are for convenience only and shall m no way enlarge or hm~t the scope or meaning of the various and several paragraphs hereof 23 Both of the Part, es hereto have actively participated in the negotmt~on and preparation of this Agreement and the Exhibits attached hereto, and the Part,es accordingly agree that thru Agreement shall not be construed e~ther more or less strictly agmnst or for either party hereto IV EFFECTIVE DATE AND TERM Th~s Agreement shall become effective as of the date of execution hereof by both Parties, following the approval of their respective govermng bodies Th~s Agreement shall be for a term of one (1) year, fi.om and after the date that th~s Agreement is approved by the governing bodies of Denton and Argyle (hereafter the "Effective Date"), and shall be automatically renewable, without further action by Denton and Argyle for successive one (1) year terms thereafter, as provided, by and as permitted under applicable State law Notwithstanding the foregoing, Argyle's ipayment obhgat~on hereunder shall terminate upon payment of all sums due and owing in accordance with this Agreement All other terms of this Agreement shall survive the payment obhgat~on, provided that the Agreement ~s not earlier terminated by the parties V MUTUAL HOLD HARMLESS COVENANT 1 To the extent allowed by the Constitution and statutes of the State of Texas, and without wmwng any immunity or limitation as to liability, Argyle agrees to and shall indemnify and hold harmless Denton, its officials, officers, agents, employees, attorneys, and its lndepenc[ent contractors from and against any and all clmms, damages, causes of action, lawsuits, and reasonable attorney's fees and costs of court, for ~njury or death of any person, or for damages to any property, real, personal, or mixed, arising out of or ~n couneCtlOn with the construction, mstallat~on, and operation of the Project, where the injury or death or property damage is caused by the neghgence of Argyle, ~ts offimals, officers, agents, employees, attorneys, or its independent contractors, except that Argyle assumes no habfllty for the sole neghgent acts of Denton, its officials, agents, employees, attorneys, and ~ts independent contractors 2 To the extent allowed by the Constitution and statutes of the State of Texas, and without walvmg any ~mmumty or hmltatlon as to hablhty, Denton agrees to and shall ~ndeumlfy and hold harmless Argyle, its offimals, officers, agents, employees, attorneys, and independent contractors from and ag~unst any and all clmms, damages, causes of action, lawsmts, and reasonable attorney's fees and costs of court, for injury or death of any person, or for damages to any property, real, personal, or mixed, arising out of or ~n connection with the construction, mstallatton, and operation of the ProJect, where the ~njury or death or property damage ~s caused by the neghgence of Denton, ~ts officials, officers, agents, employees, attorneys, or its mdependent contractors, except that Denton assumes no llablhty for the sole negligent acts of Argyle, ~ts offimals, agents, employees, attorneys, and ~ts ~ndependent contractors VI FORCE MAJEURE 1 Denton shall construct and shall provide Argyle w~th use of a fully-functmnal Graveyard Branch Wastewater Mmn ProJect The Parties agree that Denton shall not be liable for any damages, costs, or losses, if such wastewater transmission hne should fad, should use of the hne be interrupted or reduced, should the wastewater transmission hne become defecttve, be seriously impacted by an Act of God, a catastrophic disaster, action of the elements, a serious flooding condition, accidents, strikes, labor problems, the breakdown of eqmpment, ansmg out of a lawful order or action of a governmental authority hawng junsdmtlon over the wastewater transmmslon hne and the Parties, or for any other cause beyond the reasonable control of Denton 2 The Parties agree that m no event shall Denton be hable in consequential damages to Argyle hereunder for any force majeure event, as set forth in th~s paragraph VI VII NOTICE PROVISIONS 1 Any notme, request or other commumcat~on made by either party pursuant to this Agreement shall be given in wntmg and shall be deemed to have been g~ven by e~ther party to the other party at the addresses shown below upon any of the following dates a The date of notice by telecopy or other s~mllar telecommumcatlons, the receipt of which is confirmed promptly in writing by the recipient, b The date of receipt stated on the return receipt showing the mmhng thereof by U S Mall, postage prepmd (as shown by the post office receipt if mailed to the other party hereto by means of registered or certffied mall, return receipt requested), c The date of actual receipt of notice by the other party hereto, if not provided pursuant to V 1 a or V 1 b heremabove 2 The addresses of the Parties for the purpose of providing the other party notices under this Agreement shall be as follows, unless written notification of a change of address is provided by either or both Parties to this Agreement City Manager City of Denton, Texas 215 East McKlnney Street Denton, Texas 76201 Mayor City of Argyle, Texas P O Box 609 Argyle, Texas 76226-0609 VIII MEDIATION AND ALTERNATE DISPUTE RESOLUTION The Part, es agree that if any dispute arises under this Agreement, that they will, in good faith, attempt to resolve such dispute m a reasonable and expedient manner The Parties recognize that they should strongly consider settling any such dispute by submitting the dispute to mediation or some other form of dispute resolution No mediation or other form of alternate dispute resolution activity arising out of, or relating to this Agreement, may be required or forced by one party upon the other party, wuthout the Parties' mutual agreement In the event that the Parties agree that mechatlon or some other form of alternate dispute resolution is appropriate, then they hereby agree to expedite such mediation or other alternate dispute resolution activity, and further agree to each be responsible for one-half of all mediation or other alternate dispute resolution activity fees and expenses recurred IX SEVERABILITY If any clause, provision or paragraph of this Agreement should be held illegal or invalid by any court, the lnvahdlty of such clause, provision or paragraph shall not affect any of the remmmng clauses, provisions or paragraphs hereof, and this Agreement shall be construed and enforced as if such illegal or invalid clause, provision or paragraph had not been contmned herein 1N WITNESS WHEREOF, the Parties have executed this Agreement in duplicate original counterparts by and through the duly-authorized officials and officers of Denton and Argyle, on fins the day of ,2001 10 "DENTON" CITY OF DENTON, TEXAS A Texas Munlmpal Corporation By EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY "ARGYLE" CITY OF ARGYLE A Texas Mumc~pal Corporation By YVONNE A JENKINS, MAYOR ATTEST DEBBIE E MILLICAN, CITY SECRETARY By APPROVED AS TO LEGAL FORM PATRICIA ADAMS, CITY ATTORNEY By S \Our Doeuments\Contraets\01~.rgyle Intefloeal Cooperation Agreement GB WW Line Rvs 021201 doc 11 AGENDA INFORMATION SHEET AGENDA DATE. February 20, 2001 DEPARTMENT' Electric Utility ACM Howard Martin, 349-8232 ~ SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH IL J COVINGTON CONSULTING AND APPROVING TASK ORDER NO 01-A RESPECTING THE TRANSMISSION COST OF SERVICE FILING DEALING WITH DENTON, MUNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, PROVIDING AN EFFECTIVE DATE BACKGROUND In 1995, the Texas Legislature made rates charged for municipal utilities for electric transmission service provided to other entities subject to the regulatory authonty of the PUCT The PUCT established transmission use rules that required every transmission owner in Texas to make their transmission lines available for use on a nondiscriminatory basis for delivery of wholesale power DME's 69KV transmission loop falls within these rules In 1996, DME made it's lmtlal TCOS filing A TCOS fihng must demonstrate the level ofanvestment an entity has in facilities that the PUCT rules designate as transmission facilities It also must justify the rate of return that an entity believes it should earn on it's transmission investment Other parties may intervene in a filing and question the accuracy of data and/or justification used by the filing party A heanng may be held by an admmlstraluve lawjudge Ultimately, the PUCT rules on the appropriate rate to be charged Since the 1996 fihng, DME has made, and continues to make, slgmficant investments in ats 69KV transmission In order to charge transmlssmn users for their use of this new eqmpment, DME must make a new TCOS filing and the PUCT must grant a rate increase Since DME made it's TCOS filing in 1996, numerous changes have been make to the PUCT rules for a TCOS filing DME has several options regarchng how the filing ~s approached Each of these options must be examined m order to determine the best approach for DME An item that could have a slgmficant impact on the cost of the project is the level of intervention by other parties m the DME TCOS filmg In 1996, TXU was very aggressive an ats intervention and forced the issue to a heanng through its actions There is no reason to believe that TXU will be less aggressive m 2001 R J Covington has worked with DME and Garland since 1996 on the development of the new PUCT rules He has also represented TMPA m its recent TCOS filing He has a strong working knowledge of the DME system In addition to approving the attached Task Order No 01-A, a new general purpose contract with R J Covington Consulting is being proposed The existing contract was signed in February of 1998 Numerous Task Orders have been approved under flus contract since that time The new contract ls~in substantmlly the same form as the 1998 contract OPTIONS: 1 Utlhze the servmes ofR J Covington in the preparation of the TCOS filing 2 Attempt to develop the fihng totally m-house RECOMMENDATIONS· DME recommends Option 1 It is our Intention to perform as much of the data development as possible with DME staff R J Covington will be utlhzed for guidance in the data development, review of data for accuracy of apphcatlon to the rules, and as a possible expert witness His advice and gmdance in the area of the development and support of a rate of return will be especially critical ESTIMATED SCHEDULE OF PROJECT The fihng will be developed and make during 2001 for implementation in 2002 PRIOR ACTION/REVIEW (Council, Boards, Commission). The Public Utilities Board approved tins Contract and Task Order at their meeting of February 5, 2001 by a vote of 5 to 0 with 5 members present FISCAL INFORMATION: The subject Task Order is not to exceed $80,000 Actual cost for the work could vary slgmficantly, depenchng on the complexaty of the fihng and the level of intervention Approval of the higher mount ~s being requested due to the lengthy approval time required for such a contract Costs will be kept as low as possible Respectfully submitted Sharon Mays D~rector of Electnc Utlht~es Extub~t I Ordinance Extub~t II Professional Services Agreement ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY IvIANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH R J COVINGTON CONSULTING FOR CONSULTING SERVICES RELATING TO THE DENTON MUNICIPAL ELECTRIC UTILITY, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems ~t in the public interest to engage the firm of R J Covington Consulting, of Austin ("Covington"), to provide consulting services to the City relating to the Denton MumclpaI Electric Ut~hty, including, without In-rotation, support activities m the C~ty's transmission cost of servme ("TCOS") pen(hng at the Pubhc Ut~hty Comrmsmon of Texas, and WIRBRBAS, the City staffhas reported to the City Counml that there m a substantial need for the above-descnbed profesmonal services, and that fronted City staff cannot adequately perform th, services and tasks with 1ts own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competmve bids, but must select the promder on the basis of demonstrated competence, knowledge, and qualifications, and for a fmr and reasonable price, and WI-IERBAS, the City Council has pmvlded in the City Budget for the appropriation of funds to be used for the purchase of the professional services, as set forth in the Professional Services Agreement, NOW, TI-IBREFORB, TIlE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute a Professional Services Agreement with R J Covington Consulting, of Austin, Texas, for professlonnl consulting sermces relating to the Denton Mumclpal Electric Ut~hty, m substantially the form of the Professional Sennces Agreement attached hereto and incorporated herewith by reference SECTION 2 That the award of tins Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of Covington and the ability of Covington to perform the professional services needed by the City for a fmr and reasonable price SECTION 3 That the expenditure of funds as provided m the attached Professional Services Agreement ~s hereby authorized SECTION 4 That tins ordinance shall become effective mnnedlately upon its passage and approval 4 EXHIBIT I PASSED AND APPROVED flus the day of ,2001 EULINE BROCK, M-AYOR ATTEST JENNIFER WALTERS, CITY SBCRBTARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\Ordmances\O 1 \Cowngton Consulting PSA-DME Ord doc 5 STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES RELATING TO THE DENTON MUNICIPAL ELECTRIC UTILITY THIS AGREEMENT ~s made and entered rote as of the __. day of ., 2001, by and between the C~ty of Denton, a Texas Mumc~pal Corporatton, w~th ~ts principal office at 215 East McKmney Street, Denton, Texas 76201 ("CITY"), and R J COVINGTON CONSULTING wath ~ts pnnmpal office at 13276 Research Blvd, State 201, Austin, Texas 78750, hereafter "COVINGTON", acting hereto by and through their duly authorized representatives WlTNESSETH, that m consideration of the covenants and agreements here~n contained, the CITY and COVINGTON do hereby AGREE as follows ARTTCT .F, T EMPLOYMENT OF CONSULTANT The CITY hereby contracts w~th COVINGTON, as an independent contractor, and COVINGTON hereby agrees to perform the services hereto m cormectmn w~th the Scope of Servmes as stated m the Artmles to follow, w~th d~hgence and ~n accordance w~th the tughest professional standards customarily obtained for such servtces m the State of Texas ARTTCT,F. 1i' SCOPE OF SERVICES A COVINGTON shall promde to the CITY professmnal consulting servmes pertaining to the development and filing of the CITY'S transnussmn cost of servme (TCOS) COVINGTON w:ll asmst CITY Staff m preparaUon of the rate-filing package COVINGTON w:ll also work w:th Staff m the development of supporting pre-filed testtmony and eximb:ts, and w~ll present tesmmony 2' so d~rected COVINGTON will work w:th the CITY'S attorneys and Staff to respond to Requests For Informatmn (RFI's), rewew opposing testunony filed by mterveners, develop rebuttal tesUmony, ass:st m development of briefs, and w:I1 meet w:th Staff of the Pubhc Ut:hty Conumsmon of Texas ("PUC") and intervening part:es as needed to support the CITY'S TCOS Details of these and related tasks to be promded under ttus Agreement are set forth m Task Order 01-A B Tins shall serve as a Master Agreement end may be amended m the future by the execut:on of such other and further Task Orders, as shall be authonzed by the Pubhc UUhttes Board and the C~ty Connc~l C To consult w~th the C~ty Manager, Assistant C~ty Manager/Ut~ht~es, the Dzrector of Electric Ut~hUes, the C~ty Attorney, and other demgnated adrmmstrat~ve personnel regarding any and all aspects of the services to be performed pursuant to tins Agreement 6 EXHIBIT II PERIOD OF SERVICE Tlus Agreement shall become effectwe upon executmn by both the CITY and COVINGTON, and shall remain m force continuously until December 31, 2002 Tins Agreement may be sooner terminated m accordance w~th the prowsmns hereof TLme ~s of the essence m tins Agreement COVINGTON shall make all reasonable efforts to complete the servmas set forth hereto as expedulnously as possible and to meet the schedule estabhshed by the CITY, acting through ~ts C~ty Manager or ~ts D~rector of Electric Ut~ht~es ARTTCT ,lA t~ COMPENSATION A COMPENSATION TERMS "Dncect Non-Labor Expense" ~s defined as that expense for any asmgnment recurred by COVINGTON for supphes, long-distance telephone, telecop~er, reproductmn expense, overmght comer, photocopy expense, transportation, travel, commumcat~ons, submstence and lodging away fi.om home and mrmlar mmdental expenses reasonably recurred m connecUon w~th that assignment B BILLING AND PAYMENT 1 For and m eonmderatmn of the professional servmes to be performed by COVINGTON hereto, the CITY agrees to pay COVINGTON, a total fee, including renubursement for direct non-labor expense, not to exceed $80,000 2 Any adchtmnal Task Orders that shall be later authonzed by the Pubhc Ut~htues Board and the City Council, shall have a separate budget for professional servmes and expenses assocmted with such Task Order 3 The fee for the servmes described m tins Agreement to be performed by COVINGTON are to be billed the rates as set forth m Exlub~t A attached hereto and incorporated herewith by reference B~lhng shall be reported m mum one-quarter (1/4) hour increments 4 Payments to COVINGTON vall be made by the CITY on the bas~s of detmled monthly statements rendered to and approved by the CITY through ~ts City Manager or the Dtrector of Electric Utlht~es However, under no mrcumstances shall any month/y statement for serwces exceed the value of the work performed at the me a statement is rendered 5 Nothing contained m tins Article shall requtre the CITY to pay for any work winch ~s unsatisfactory as reasonably determined by the C~ty Manager or the Dtrector of Electric Ut~ht~es, or wluch m not subrmtted m comphance with the tenns of tlns Agreement The C~ty shall not be reqmred to make any payments to COVINGTON when COVINGTON ~s m default under t/ns Agreement Page 2 7 6 It ~s specffically understood and agreed that COVINGTON shall not be authonzed to undertake any work pursuant to tbs Agreement Much would reqmre adchtmnal payments by the CITY for any charge, expense or rennbursement above the maxanurn not-to-exceed fee as stated, vathout first having obtained wntten authonzatmn from the CITY C PAYMENT If the CITY fmls to make payments due COVINGTON for services and expenses w~thm forty five (45) days after receipt of COVINGTON'S undisputed statement thereof, the amounts due COVINGTON will be increased by the rate of one percent (1%) per month from the said forty-fillh (45th) day, and m adchtmn, COVINGTON may, after g~vmg ten (10) days' wntten not, ce to the CITY, suspend servmes under tins Agreement until COVINGTON has been prod m full all amounts due for sermces, expenses and charges prowded However, nothing hereto shall reqmre the CITY to pay the late charge of one percent (1%) set forth here~n ~fthe CITY reasonably determines that the work of COVINGTON ~s unsatisfactory, ~n accordance w~th tlns Artmle IV, CompensaUon ARTTC. T,R V OBSERVATION AND REVIEW OF THE WORK COVINGTON vail exermse reasonable care and due d~hgence m (hscovermg and promptly reporting to the CITY any defects or defimenmes m bas work or the work of any subconsultants performed hereunder ARTTC~T,R VT OWNEKSI-IIP OF DOCUMENTS All documents, analyses and other data prepared by COVINGTON under tins Agreement ("Work Products") are instruments of sermce and are and shall remain the property of CITY COVINGTON shall have the nght to make and retain copaes and use all Work Products, prowded, however, the use shall be lmuted to the intended use for wbach the services and Work Products are prowded under tl~s Agreement COVINGTON may use and may copynght certam non-sensitive Work Products as property of COVINGTON, prowded that pnor wntten approval ~s obtained from CITY, whose approval shall not be unreasonably w~thheld, and prowdmg that copywntlng vall not restrict CITY'S nght to retam or make copies of the Work Products for ~ts mformanon, reference and use on the ProJect or servmes under the Agreement The Work Products shall not be changed or used for purposes other than those set forth m tbas Agreement vathout the pnor wntten approval of COVINGTON If CITY releases the Work Products to a tlurd party w~thout COV1NGTON'S pnor wntten consent, or changes or uses the Work Products other than as intended hereunder, CITY does so at ~ts sole nsk and chscretmn and COVINGTON shall not be hable for any clatms or damages resulting from or connected vath the release or any tturd party's use of the Work Products Page 3 8 ARTICI' ~]~ VTT INDEPENDENT CONTRACTOR COVINGTON shall provide services to the CITY as au independent contractor, not as an employee of the CITY COVINGTON shall not have or clmm any right arising J~om employee status ARTTCT,F, V1TT INDE1VfNITY AGREEMENT COVINGTON shall mdemmfy and save and hold hau'nless the CITY and its o~cers, a~¢nts, and employees from and against any and all hablhty, clams, demands, damages, losses and expenses, mcluchng but not hrmted to court costs and reasonable attorney's fees mcurred by the CITY, and including without kmitatlon, damages for bochly and personal injury, death and property damage, and damage for professional malpractme resulting from the negligent acts or omissions of COVINGTON or any subconsultants, m performance of tlus Agreement COVINGTON'S hablhty under tins Article VIE is expressly lmuted to the lmmt of COVINGTON'S insurance as set forth m Artlcle IX Nothing in ti'ns Agreement shall be construed to create a habthty to any person who xs not a party to tins Agreement and notl'nng herem shall wmve any of the party's defenses, both at law or eqmty, to any chun, cause of action or htagatmn filed by anyone not a party to this Agreement, including the defense of governmental tmmumty, winch defenses are hereby expressly reserved A R TIC. I .F. IX' INSURANCE Dunng the performance of the Sermces under tins Agreement, COVINGTON shall mamtam the following insurance with au insurance company hcensed to do busmess m the State of Texas by the State Insurance Comnnsslon or any successor agency that has a rating with Best Rate Carners of at least an "A~" or above A Comprehensive General Llabthty Insurance with bodily mjm3, lnmts of not less than $500,000 for each occurrence and not less than $500,000 m the aggregate, and with property damage limits of not less than $100,000 for each occurrence, and not less than $100,000 m the aggregate B Automobile Liability Insurance with bodily injury lumts of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage lmuts of not less than $100,000 for each accident C Worker's Compensataon Insurance m accordance with statutory requirements and Employer's Lmbfllty Insurance with hmlts of not less than $100,000 for each accident D Professional Llabthty Insurance w~th policy In'mB of not less than $1,000,000 annual aggregate Page 4 9 E COVINGTON shall furmsh insurance certificates or insurance pohcles at the CITY's request to evadence such coverages The insurance pohc~es shall name the CITY as an addmonal insured on all such pohc~es to the extent legally possible, and shall contain a provls~on that such insurance shall not be canceled or mochfied without tturty (30) days prior written notme to CITY and COVINGTON In such event, COVINGTON shall, prior to the effective date of the change or cancellation, dehver substitute pohc~es furmshmg the same coverage to the CITY ARTICT .R X' ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties agree to settle any &sputes under flus Agreement by subnuttmg the &spute to arintratmn or other means of alternate chspute resoluUon such as me(hatlon No arb~tratmn or alternate dmpute resolutmn arising out of or relatang to, t/us Agreement revolving one party's d~sagreement may include the other party to the disagreement w~thout the other's approval ARTTC~T,R XrT LIMITATION OF LIABILITY TO the extent permatted by law, the total habfl~ty of COVINGTON to CITY for any and all clanns ansmg out of tins Agreement, whether caused by neghgence, errors, om~ssmus, strict llab~hty, breach of contract or contnbutton, or mdemmty clmms based on tlurd-party clamas, shall not exceed one nulhon dollars ($1,000,000) ARTTCT.R XTT CONSEQUENTIAL DAMAGES In no event and under no mrcumstances shall COVINGTON be hable to CITY for any interest, loss of antm~pated revenues, earnings, profits, or increased expense of operations, or for any consequential, lndn'ect or special damages ARTTCT,F, XTTT PROFRS~TONA[..qTANT)ARD8 COVINGTON will perform services under tins Agreement w~th the degree of sloll and diligence normally practiced by professional engineers or consultants performing the same degree of snuflar services No other warranty or guarantee, expressed or tmphed, as made with respect to the services furmshed under ti'ns Agreement and all Lmphed warrant~es are d~sclmmed A R TTC~T.la, TERMINATION OF AGREEMENT A Notwtthstandmg any other prows~on of tins Agreement, esther party may terrmnate tins Agreement by g~vtng tInrty (30) days advance written notsce oftenmnatmn to the other party Page 5 1 0 B Tlus Agreement may be terminated m whole or m part ~n the event of e~ther party substantmlly fmlmg to fulfill ~ts obhgatmns under th~s Agreement No such termmatmn will be effected unless the other party ~s g~ven (1) written not,ce (dehvered by certified mini, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance, and not less than ten (10) bustness days m which to cure the fmlure, and (2) an opportumty for consultatmn w~th the terminating party prmr to termination C If tins Agreement ~s terminated prior to completmn of the servmes to be promded hereunder, COVINGTON shall anmechately cease all servmes and shall render a final bill for servmes to the CITY w~thm 30 days after the date oftermmatmn The CITY shall pay COVINGTON for all servtces properly rendered and sat~sfaetonly performed and for reunbursable expenses to tezmmatton recurred prior to the date of termination m accordance w~th Amcle IV, Compensalaon Should the CITY subsequently contract w~th a new consultant for the contmuatmn of serrates on the ProJect, COVINGTON shall cooperate m promdmg ~nformatmn COVINGTON shall mm over all documents prepared or furmshed by COVINGTON pursuant to tins Agreement to the CITY on or before the date of termmatmn, but may maintain cop~es of such documents for ~ts me AltTTCT,F.. RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the CITY shall not constitute nor be deemed a release of the respons~b~hty and habflay of COVINGTON, or any sub-consultants of COVINGTON, for the accuracy and competency of their designs or other work product ARq'ICI.F. NOTICES All ,notmes, commumcattons, and reports reqmred or perrmtted under tins Agreement shall be personally dehvered or totaled to the respective part, es by depositing same m the Umted States mml at the address shown below, cemfied mml, return receipt requested unless other~v~se spemfied hereto Mmled nottces shall be sent to the pames at the following addresses To COVINGTON To CITY R J Covington Consulting C~ty of Denton, Texas Atto lhchard J Comngton Attn Mmhael W Jez, C~ty Manager 13276 Research Blvd, State 201 215 East McKamey Anstm, Texas 78750 Denton, Texas 76201 All ,not,ecs shall be deemed effective upon receipt by the party to whom such not,ce ss g~ven or w~ttun three days after the date of mmhng ARTTCT .1~. ~ Tl~s A~reCm~nt consisting o~ ~ (9) p~ con~t~mt~ ~ ~ompl~t~ ~d fin~l oxp~on o5 t~e a~eement of the p~es ~d ~s mt~ded ~ a complete ~d exclusive statement of ~e te~s of · e~r a~e~ents ~d supersedes ~1 prior contempor~eous offers, promises, representations, negot~atmns, d~scms~ons, co~mcaUons ~d a~eements whch may have been made m co~ectmn w~th ~e subject ma~er hereof ARTICT,~ ~ SE~mlTY If ~y pmmsmn of ~s A~eement ~s fo~d or deemed by a co~ of competent jms~ctmn to be mv~d or ~e~omeable, ~t sMll be considered severable ~om ~e reminder of ~s A~eement ~d shall not cause ~e reminder to be mv~d or ~e~orceable ~ such event, ~e p~ sh~l refom ~s A~eement to r~lace such s~cken prowsmn w~ a v~d ~d e~omeable prowsmn whch comes ~ close ~ possible to expressing ~e mtentmn of~e smcken prows~on ARTTCT ,~ ~X COOL.CE ~ LAWS CO~GTON sh~l comply ~ ~ feder~, state, loc~ laws, roles, re~latmns, ~d or~ces apphcable m the work cov~ed h~e~der ~ ~ey may now read or herem~er be ARTICT ,~ XX DISC~ATION PROFITED h p~o~g ~e semces mqumd here~der, CO~GTON shall not ~sc~ate agmst ~y pemon on ~e b~s of r~e, color, mhg~o~ sex, natmn~ ongm or ~ces~, age, or physmal h~cap AR~CI.E X~ PERSO~L A COV~GTON represents ~at he h~ sec~ed, or w~ll sec~e at ~s o~ expense ~y add~Lonal perso~el mqmmd to peffo~ all ~e semces requ~ed ~der ~s A~eement Su~ p~so~el shall be subconsulmu of CO~GTON, ~d sh~l not be employees or officers o[ nor have ~y con~ac~ rela~ons w~ ~e CITY CO~GTON shall ~o~ the CITY of ~y co~ct of tnterest or potent~ co.mt of mt~est ~at may rose d~g ~e te~ of ~s Ageement B ~1 se~mes reqmred heremder w~ll be peffomed by CO~GTON or ~der ~s supe~s~on All perso~el engaged m work shall be qu~fied ~d shall be au~onzed ~d pe~ed ~der state ~d local laws to p~fom such semces Page ? 1 2 ARTTCT,R X*TT ASSIGNABILITY COVINGTON shall not assign any interest m flus Agreement and shall not transfer any interest m flus Agreement (whether by assignment, novataon or otherwise) without the prior written consent of the CITY ARTTCT,~, XXTTT MODIFICATION No waiver or modlficatmn of th~s Agreement or of any covenant, condition, Imitation herein contained shall be vahd unless m writing and duly executed by the party to be charged therewith and no evidence of any waiver or mo&ficatlon shall be offered or received m evidence m any proceeding arising between the partms hereto out of or affecting flus Agreement, or the rights or obhgat~ons of the pames hereunder, and unlass such waiver or mothfina~aon is m writing, duly executed, and, the partms further agree that the provmons of flus section will not be waived unless as hereto set forth ARTTCT,'R X-*TV MISCELLANEOUS A COVINGTON agrees that CITY shall, until the exprratlon of three (3) years after the final payment under ttus Agreement, have access to and the right to examine any drrectly pertinent books, documents, papers and records of COVINGTON revolving transactmns relating to t_has Agreement COVINGTON agrees that the CITY shall have access during normal working hours to all necessary COVINGTON famht~es and shall be provided adequate and sppropnate working space m order to conduct andits m comphance v~th flus section The CITY shall give COVINGTON reasonable advance noQce of any intended audits Venue of any stat or cause of acQon under flus Agreement shall he exclusively m Denton County, Texas TI'as Agreement shall be governed by, and construed m accordance w~th the laws of the State of Texas C COVINGTON shall commence, carry on, and complete the work reqmred by fins engagement w~th all applicable dispatch, m a sound, econormcal, efficient manner and tn accordance with the provmons hereof In accomphshmg the work, COVINGTON shall take such steps as are appropriate to ensure that the work revolved is properly coordinated with related work being camed on by the CITY D The CITY shall assist COVINGTON by placing at COVINGTON's disposal all available reformation pertinent to the work reqmred by flus engagement, including previous reports, any other data relative to the prolect and arranging for the access to, and make all provisions for COVINGTON to enter m or upon, public and private property as reqmred for COVINGTON to perform servmes under flus Agreement E The captions of flus Agreement are for reformational purposes only and shall not m any way affect the substantive terms or condltmns of flus Agreement Page 8 1 3 IN WITNESS WHEREOF, the C~ty of Denton, Texas has caused tins Agreement to be executed m four original counterparts, by ~ts duly authonzed C,ty Manager, and COVINGTON has executed tlus Agreement by ~ts duly authorized officer on ti'as the day of ,2001 "CITY" CITY OF DBNTON, TBXAS A Mummpal Corporatmn By Mmhael W Jez, C~ty Manager ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By ~~ "COVINGTON" R J COVINGTON CONSULTING By Pdchard J Cc~ngton,~res~dent ATTEST By Page 9 14 ATTACHMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND R.J COVINGTON CONSULTING TASK ORDER NO 01-A Transrmsslon Cost of Service Filing Work prowded for m flus Task Order is for R J Covington Consulting (RJC) to assist the City m the development and filing of a transmzsslon cost of service study (TCOS) at the Pubhc Utrhty Comrmsslon of Texas (PUC) A fflmg is necessary because of the City's increased investment m transrmsslon facrhhes and the need to recover those costs through the ERCOT postage stamp fac~htzes charges Because the rules governing recovery of transmmsion costs have been changing, the City will have several optzons to conszder Once a determination of the best filing ophon is made, the approprzate fflmg package wzll need to be prepared and filed wzth supporting testzmony The serwces performed by RJC will also mclude asszstance m the preparation of testrmony to support the filing and testffyzng on issues as d~ected by City Staff RJC will work with the City m responding to Requests for Information during the chscovery phase of the process, and will work the Staff and the City's attorneys during the hearings to defend the City's positron against other partzes and the PUC staff Scope of Services Task A Determine Strategy And Respons~bdmes 1 RJC will work w~th C, ty Staff to determine best strategy for fflmg by a rewewmg latest PUC rules b having chscusszons with C~ty's attorneys and City Staff to review fflmg op~ons c options include consideration of l'nstor~c vs forecast vs abbreviated filings d consider bammg strategy for fflmg e conszder actions that may be needed from C~ty Councd to support costs d review results of other TCOS filings to evaluate PUC decmlons on ~ssues, particularly other pubhc eI~hhes' TCOS fihngs that have used the cash flow method f review relahve benefits to C~ty of filing under cash flow versus rate of return method 2 Meet m Denton to chscuss opttons wzth Staff and coordinate assignments to nutmte study based on approved approach 15 Task Order No 01-A Transnnsslon Cost of Service Fflmg Task B Prepare Frimg Schedules 1 RIC will ~dentff-y schedules needed depending on tustonc or forecasted test year, or abbrewated himg 2 Work wath staff to coordinate gathering of data by staff & f~lhng out of schedules 3 Revmw all schedules for completeness 4 Develop mformatton needed for himg of Cash Flow Method and prepare necessary worksheets Task C Preparatuon of Teshmony 1 RJC will prepare pre-filed testtrnony on use of cash flow method 2 Prepare exbabxts for testamony 2 Rewew testrrnony of other C~ty w~tnesses and prowde comments 3 Work w~th attorneys to complete rate fflmg package and file at PUC Task D Dxscove _fy 1 RJC will rewew all RFI's sent to Caty and assist m determining best person to respond 2 Work w~th attorneys and staff to respond to RFI's from PUC and other part~es, being sure that responses are consistent w~th 3 If needed, R]C wall prepare RFI's to serve on other pazt~es to assist m evaluation of other party's pos~t~ons and gather mformatmn needed for cross examination of witnesses Task E Hearings 1 RJC will review testnnony and extublts fried by PUC staff and other part~es 2 Evaluate mapacts of alternative posztaons of other parhes 3 Prepare rebuttal testmaony and hle 4 Assist attorneys m preparing cross of PUC staff and other par~es 5 Attend hearings and present chrect testrmony 6 Assist attorneys m preparing briefs 7 Rewew ALJ Prehmmary Order, & assist attorneys m fdmg exceptions 8 Revaew Final Order and other documents 9 Rework numbers for Final Order 16 Task Order No O1-A Transrmssxon Cost of Service Fflmg Budget The budget for the above scope of servzces for labor and expenses zs difficult to estnnate due to the fact that the transrmssmn filing rules have been changing as the market restructures The budget wzll depend on the avarlab~hty of C~ty Staff to gather data, on the filing method deQded upon. and on the level of mterventton from other partms and staff Based on prmr experience m working with these ~ssues, RJC recommends a budget of $80,000 for labor and expenses TI'us budget wr!l not be exceeded w~thout prior approval of the Czty RIC will brll monthly w~th supporting documentatton of acttmtms performed The work bemg performed will be under the supermmon of the Dtrector of Electr~c Utzht~es and may be moddzed at any ttme upon appropriate nottce to EXECUTED flus day of ,2001 AUTHORIZED BY ACCEPTED BY CITY OF DENTON, TEXAS R J COVINGTON CONSULTING By By Dated Dated ~bS~~ ATt'EST APPROVED AS TO LEGAL FORM JENNIFER WALTERS HERBERT L PROUTY ByCiTY SECRETARY By eFFrOnTeRy. Y, ~/~t ko.,'q-o(~ ~ Dated Dated 3of3 1 7 Agenda Item '--~ AGENDA INFORMATION SHEET AGENDA DATE February 20 2001 DEPARTMENT Electric Utlhty ACM. Howard Martin, 349-8232 ~ SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW OFFICES OF JIM BOYLE, PLLC FOR SERVICES PERTAINING TO THE SINGLE CERTIFICATION SUIT RELATING TO DENTON MLrNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, PROVIDING FOR RETROACTIVE APPROVAL OF THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE BACKGROUND: Senate Bill 7 allowed TMPA crees to file to have the electric service temtones Wlttun their c~ty limits as they existed on February 1, 1999 singly certified to a TMPA city that applied for such single certfficataon Both Denton and Greenville have multiply certified areas within their City limits The melumon of fins right m the Bill was a result of a negotiated settlement between TXU, CoServ, DME, and Greenville CoServ agreed to ~ts inclusion in return for the February 1, 1999 C~ty hrmts cutoff TXU agreed to ~t m remm for our agreement to remove to remove language we had proposed regarding antt-competmve actlvmes from the draft of SB 7 DME filed for ~ts single certlficatmn on November 19, 1999 At the t~me of that filing, based on the agreements we beheved we had reached with CoServ and TXU during the 1999 Texas Legislative seasmn, DME and J~m Boyle believed that the process would be strmghtforward and quick and could be completed for legal fees of $24,800 Unfortunately, that has not been the case Both TXU and CoServ have utilized every possible regulatory and legal tool avmlable to them to slow down the process and/or harass DME into glvmg up its attempt to gain single certiftcatlon They have succeeded m forcing DME to obtain numerous procedural orders from the Texas Pubhc Utzhty Conumss~on, all ofwhmh have been m our favor DME filed its tastlraony for the hearing, that ~s scheduled for May 15-16, 2001, on February 2, 2001 Now that all of those hurdles have been cleared and the testamony is filed, DME wall face adchtzonal harassment m the form of the d~scovery process TXU's typmal tactic is to drown their opponent m data requests, designed to try to fome the other party to g~ve up just to avoid the work load We also expect they wall use the discovery process to try to obtmn competitive information about DME Dealing wath that issue wall reqture obtmnmg oplmons from the Attorney General's office If the past ~s any mdmat~on, CoServ wall follow TXU's lead Jim Boyle has been very frugal w~th bas expenses in tbas case However, based on the experience to date, he estimates ~t w~ll require an additional $100,000 m legal expenses to complete the process Tins estimate does not cover any legal costs ffTXU appeals the PUC Order through the legal system OPTIONS. 1 Approve the expendature of an additional $100,000 m legal fees to complete the regulatory smgle certaficat~on process 2 W~thdraw the apphcat~on for smgle certification RECOMMENDATIONS' DME recommends approval of the add~taonal legal fees ESTIMATED SCHEDULE OF PROJECT Completion of the PUC adm~mstrat~ve process expected m August of 2001 PRIOR ACTION/REVIEW (Councfl, Boards, Commission) Tbas matter will be presented to the Pubhc Uttht~es Board at their February 19, 2001 meeting FISCAL INFORMATION Contract amendment of $100,000 for a total contract amount not to exceed $124,800 Respectfully submitted Sharon Mays D~rector of Electric Utilities Exbabat [ Ordinance Exlubat II F~st Amendment to Agreement for Professional Legal Services 2 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW OFFICES OF JIM BOYLE, PLLC FOR SERVICES PERTAINING TO THE SINGLE CERTIFICATION SUIT RELATING TO DENTON MUNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, PROVIDING FOR RETROACTIVE APPROVAL OF THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Clty Council deems it necessary and appropnate and m the pubhc interest to continue to engage the Law Offices of hm Boyle, PLLC ("Boyle"), of Austin, Texas, to promde professional legal services pertmnmg to the single certfficahon action pending before the Pubhc Utahtles Comnusslon of Texas relating to Denton Mummpal Electric, and presently docketed as PUC Docket No 21669, and WHEREAS, the City has prewonsly retained the professional legal servmes of Boyle on flus matter m July 1999, and has operated under an Agreement For Professional Legal Services, mgned by the City Manager, in the amount of $24,800, a case was duly-filed, and the fees and the expenses have been tughly unprethctable, and have resulted m tlms First Amendment, and WHEREAS, the City staff has reported to the C~ty Council that there ~s a substantaal need for the heremabove described professional services by Denton Mummpal Electric, and that hnnted C~ty staff cannot adequately perform the speclahzed legal servmes and tasks, which are wholly centered m Anstm, Texas, w~th ~ts own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Servmes Procurement Act," generally promdes that a mty may not select a provider of professional servmes on the bas~s of competttave bads, but must select the prowder of professional services on the basra of demonstrated competence, knowledge, and quahficatlons, and for a fair and reasonable price, and the City Council hereby finds and concludes that Boyle is appropnately quahfied under the prowsmns of the law, to be retained as outside legal counsel for the City, epemfically Denton Mummpal Electric, respecting this engagement, and WHEREAS, the City Council has promded ~n the City budget for the appropnatmn of funds to be used for the procurement of the foregoing professional legal services, as set forth m flus First Amendment to Agreement for Professmnal Legal Servmes, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the C~ty Manager is hereby authorized to execute a First Amendment to Agreement for Frofesmonal Legal Servmes w~th the Law Offices of Jun Boyle, PLLC, of Austin, Texas for profesmonal legal servtces pertaining to the single cemficatlon stat pending before the Pubhc Utlhtaes Commasslon relating to Denton Mu.mclpal Electric, m substantially the 3 EXHIBIT I THE STATE OF DENTON ) COUNTY OF DENTON ) FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL LEGAL SERVICES THIS FIRST AMENDMENT to that certain Agreement for Professmnal Legal Scrvmes, dated effective July 12, 1999, heretofore entered into by and between the C~ty of Denton, Texas, a Texas Mumc~pal Corporatmn w~th its offices at 215 East McI<hnney Street, Denton, Texas 76201 (hereafter referred to as "CITY"), and the Law Offices of Jun Boyle, a Propnetorslup, w~th ~ts offices at 1005 Congress, Smtc 550, Austin, Texas 78701 (hereafter referred to as "CONSULTANT"), acting hereto by and through their respective duly anthonzed s~gnatones, and NOW THEREFORE, thc C~ty of Denton, Texas and the Law Offices of J~m Boyle, PLLC (hereafter collectively referred to as the "PARTIES"), m cons~deratmn of their mutual promises and covenants, as well as for other good and valuable cons~deratmns, do hereby AGREE to the following amendments to the terms and cond~tmns of the Agreement For Professmnal Legal Services (hereafter the "Agreement"), effective July 12, 1999, to w~t I The PARTIES agree that the Law Offices of Jtm Boyle, a Proprietorship, ~s now legally orgamzed as a Pubhc Lamted Lmb~hty Corporatmn under the laws of the State of Texas That the prows~ons of Section 1 A (8) of the Agreement shall be amended by adding the following "CONSULTANT shall represent the C~ty m PUC Docket No 21669" III That the prowsmns of Section 3 A of the Agreement shall instead, w~thout hm~tatlon, promde the following names Jun Boyle $190 00 Pack Guzman $170 00 Jmme Slaughter $150 00 Kanberly Hammer $140 00 1 EXHIBIT II 4 DI:OII . Agenda Item ~'~ AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2001 DEPARTMENT' Electric Utthty ACM Howard Martin, 349-8232 ~ SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO CONTRACT FOR PROFESSIONAL & LEGAL SERVICES WITH DICKSTEIN, SHAPIRO, MORIN & OSHINSKY FOR LEGAL SERVICES PERTAINING TO REPRESENTATION OF THE CITY RESPECTING THE DIVESTITURE ACTIVITIES OF DENTON MUNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: On April 6th, 1999, the City engaged the firm of Dlcksteln, Shapiro, Monn & Oshlnsky, LLP to act as legal adwsor m the DME generation divestiture process for a cost not to exceed $450,000 This cost included a 5% reduction m their normal fee structure Since that time the firm has 1 Developed a s~gmficant number of draft agreements that were provided to potential bidders dunng the final bid process 2 Undertaken legal research in the areas such as private use tax restrictions, employment law, etc that was not contemplated as part of their original work scope 3 Provided sound advice dunng negotmtlons with prehmmary bidders 4 Virtually completed negotiations of all legal issues with one potential buyer who failed to honor their binding bid 5 Assisted m negotiation and drafted a resolution of environmental hablUty issues with the present potentxal buyer The firm's experience in negotiation d~vestltures has proved very valuable, especially with the potential buyer Due to the effort spent on the lmtlal bidder, a better understanding of all the documents that w~ll be reqmred to complete the chvestlture process, and a better understanding of the hmlted support DME is able to provide internally, it is estmaated that an additional $200,000 to $300,000 will be required to complete the divestiture process OPTIONS' 1 Approve the expenditure of an addttlonal $300,000 m legal fees to complete the divestiture process 2 Approve the expenditure of an mount between $200,000 and $300,000 3 Terminate the chvesttture process RECOMMENDATIONS' DME recommends approval of the amendment m the amount of $300,000 The lugher amount ~s being requested due to the lengthy approval process reqmred to adjust the amount of such a contract Every effort will be made to keep the costs as low as possible ESTIMATED SCHEDULE OF PROJECT The Transtt~on Power Agreement and Asset Purchase Agreement are expected to be presented to Council for approval during April Completaon of t~tle transfer could take several more months depending on ~ssues such as hcense transfers and regulatory approvals reqmred by the purchaser PRIOR ACTION/REVIEW (Council, Boards, Commission). Th~s matter will be presented to the Public Utlht~es Board at their February 19th, 200 ! meeting FISCAL INFORMATION. Contract amendment of $300,000 for a total contract amount not to exceed $750,000 Respectfully submitted Sharon Mays Dtrector of Electric Ut~htms Exlublt I Ordanance Exlublt II Farst Amendment to Contract for Professional Legal Servmes ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF DICKSTEIN, SHAPIRO, MORIN & OSHINSKY, L L P FOR SERVICES PERTAINING TO THE DENTON MUNICIPAL ELECTRIC DIVESTITURE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, PROVIDING FOR RETROACTIVE APPROVAL OF THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Caty Council deems ~t necessary and appropriate and m the pubhc ~nterest to continue to engage the law firm of Dlckstem, Shapiro, Monn & Osinnsky, L L P (DSMO), of Wasl'nngton, D C, to prowde professmnal legal servmes pertaining to the Denton Mumcapal Electric chvestlture, and WHEREAS, the City has prewously retained the professional legal services of DSMO on tins matter on April 6, 1999, and has operated under a Contract For Professional Legal Servmes, an the amount of $450,000 thereafter, and WHEREAS, the City staff has reported to the C~ty Council that there ~s a substantml need for the heremabove described professional servmes by Denton Mumclpal Electric, and that hmlted City staff cannot adequately perform the Inghly specmhzed legal servmes and tasks, wath ~ts own personnel, and VqI-IEREAS, Chapter 2254 of the Texas Government Code, known as the "Professmnal Servmes Procurement Act," generally provides that a c~ty may not select a prowder of professional servmes on the bas~s of compet~lave bads, but must select the prowder of professaonal services on the bas~s of demonstrated competence, knowledge, and qualfficatlons, and for a fiur and reasonable pnce, and the C~ty Counc~l hereby finds and concludes that DSMO as appropnately quahfied under the provasmns of the law, to be continued as outsade legal counsel for the City, specffically Denton MUmClpal Electric, respecting tins engagement, and WHEREAS, the City Council has promded an the Caty budget for the appropnatlon of funds to be used for the procurement of the foregoang professmnal legal servaces, as set forth ~n th~s F~rst Amendment to Contract for Professional Legal Sennces, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute a Ftrst Amendment to Contract for Professional Legal Servmes wath the law firm of Dmkstem, Shaptro, Monn & Osinnsky, L L P, of Wasinngton, D C for professional legal servmes relating to the Denton Munac~pal Electric chvestature, In substantaally the form of the Farst Amendment to Contract for Professional Legal Servaces attached hereto and incorporated herewith by reference EXHIBIT I SECTION 2 That the award of thts F~rst Amendment to Contract ~s on the bas~s of the demonstrated competence and quahficattons of DSMO, and the abthty of DSMO, to perform the professmnal legal services needed by the C~ty for a fair and reasonable price SECTION 3 That the expenditure of funds as provided for m the attached First Amendment to Contract for Pmfessmnal Legal Services ~s hereby authorized SECTION 4 That as to the payment of fees and expenses, the First Amendment to Contract for Professional Legal Servmes is hereby ratffied and retroactuvely approved, and shall be effective fi-om and after January 1, 2001 SECTION 5 That except as provided m Sectmn 4 herelnabove, tlus ordmance shall become effective munedmtely upon ~ts passage and approval PASSED AND APPROVED tins the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\Ordmauces\0 lkDSMO Ftrst Amend Contract ord doc 4 2 THE STATE OF DENTON ) COUNTY OF DENTON ) FIRST AMENDMENT TO CONTRACT FOR PROFESSIONAL LEGAL SERVICES THIS FIRST AMENDMENT to that certain Contract for Professional Legal Services, executed April 6, 1999, dated effective March 12, 1999, heretofore entered ~nto by and between the C~ty of Denton, Texas, a Texas Mumc~pal Corporatmn w~th ~ts offices at 215 East McKmney Street, Denton, Texas 76201 (hereafter referred to as "CITY"), and the law finn of Dmkste~n, Shapiro, Monn & Oshmsky, a Lunlted Lmbd~ty Parmersinp, w~th ~ts offices at 2101 L Street NW, Wastungton, D C 20037 (herealter referred to as "LEGAL ADVISOR"), actang here~n by and through their respective duly authorized s~gnatones, and NOW THEREFORE, the C~ty of Denton, Texas and the firm of D~ckstem, Shapiro, Monn & Oshmsky (hereafter collectively referred to as the "PARTIES"), m consideration of their mutual promises and covenants, as well as for other good and valuable cons~derataons, do hereby AGREE to the following amendments to the terms and conditions of the Contract For Professional Legal Services (hereafter the "Contract"), effective March 12, 1999, to w~t I That the prows~ons of Section IE C of the Contract For Professmnal Legal Services shall instead read an add~taonal THREE HUNDRED THOUSAND DOLLARS ($300,000) effective January 1, 2001, as follows C SubJect to Seclaon D, Legal Advasor and the C~ty agree that charges for the legal servmes contemplated under ttns Agreement, including all professional services rendered by Legal Adwsor and Subcontractor combaned, and ~ncludmg d~rect out-of-pocket expenses, shall not exceed SEVEN HLrNDRED FIFTY THOUSAND DOLLARS ($750,000) The PARTIES agree, that except as spec~fically provided for by tins F~rst Amendment to Contract For Professional Legal Services, that all of the terms, covenants, conditions, agreements, nghts, respons~b~lmes, and obhgatmns of the part,es set forth m the Contract, shall remam m full force and effect IN WITNESS WHEREOF, the C~ty of Denton, Texas and the firm of Dtckste~n, Shapiro, Morro & Oshmsky, L L P have executed tins Ftrst Amendment To Contract For 1 5 EXHIBIT II Professional Legal Serwces, in (4) original coumerparts, by and through their respecnve duly authorized representatives and officers on flus the day of ,2001 "CITY" CITY OF DENTON, TEXAS A Texas Mumc~pal Corporation By Michael W Jez, C~ty Manager ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY "CONSULTANT" DICKSTEIN, SHAPIRO, MORIN & OSHINSKY A Ltrmted Llab~hty Partnership ATTEST C \W[NDOWS\TEMP~DSMO F~rst Amended Agrmt-Dlvest~ture DME doc 2 6 CONFIDENTIAL All Contracts Associated with Sale of Electric Generation Navlgant March 3, 1998 - $75,000 (spent - m~taal analysm of keep/sell generation options) January 5t~, 1999 ~ $2,025,000 (spent - preparation of bid documents, bid process coordination) September 5th, 2000 - $400,000 ($71,912 56 spent, $250,000 contingent on successful closing negottataon enorchnataon) Total - $2,$00,000 R J Covm~on February 16, 1998 - $47,000 ($43,865 42 spent - development of genenc Transition Power Agreement) January 5, 1999 - $298,100 (spent - teehmcal analysis support for sale) Total - $335,100 D~ckstem. Shaolro. Morro & Oshmskv April 6, 1999 - $450,000 (spent - transaction attorneys for sale process) Proposed - $300,000 Total - $750,000 Maximum Possable Expenditure - $3,595,100 Agenda No Agenda Item AGENDA INFORMATION SHEET Date AGENDA DATE: February 20, 2001 DEPARTMENT. Engineering & Transportation , CM/DC~/ACM' Dave Itdl, 349-8314 SUBJECT Consider adoption of an ordinance declaring a pubhc necesmty exists and finding that public welfare and convemence reqmres the taking and acqutrtng of an approximate 0 532 acre tract or parcel of land for sanitary sewer easement purposes and an approximate 0 425 acre tract or parcel of land for temporary construction easement purposes, both being part of Lots 1 & 2, Block ASf the Redgate Pecan Estates Add~tmn, an addttmn to the C~ty of Denton sa~d property betng located m W Hudson Survey, Abstract No 586, Denton County Texas, authorizing the C~ty Manager or h~s designee to make an offer to purchase the property for just compensation and ~f suqh offer ~s refused, authorizing the C~ty Attorney to ~nst~tute the necessary proceedings ~n condemnaUon ~n order to acqmre the property necessary for the pubhc purpose of sanitary sewer facihhes and installation, declanng an effecttve date (Graveyard Branch Sanitary Sewer) BACKGROUND The san~t~xy sewer easement tract and temporary construction easement tract are necessary to facthtate ¢onnecUwty w~th~n the scope of the Graveyard Branch Samtary Sewer ProJect Every effort has~been made to locate the proposed sewer hne ~n the most ophmal ahgnment, however, project economics d~ctate that the hne be located tn near proxtm~ty to the Graveyard Branch Tr~butary~ Thus far, Staffhas been unsuccessful tn negot~attng the voluntary purchase of the easement{ and project Ume constratnts compel us to be prepared to acqmre the tracts ~n the very near term~ We anhc~pate pursmng an eqmtable purchase of the easements prtor to the date of taking and are hopeful that condemnation w~ll be avoided The owners of the parent tract are R~chard I{. and Karen Boyer RECOMMENDATION Staff supllorts approval of ordinance PRIOR ACTION/REVIEW {Council, Boards, Commissions) C~ty Cou¢cd briefing on February 6, 2001 FISCAL IINFORMATION Offer of 2,516 81 plus condemnahon transacUon costs and potenhal excess award fully submitted David Salmon, Interim D~rector Prepared by Engtneenng & Transportation Paul W{lhamson R~ght-of-Way Agent 2 Legend City of Denton G RAVEYAR R~ght of Way D~ws~on 9.o-3~..3~8 SANITARY SEWER PROJECT o~o~o~ BOYER PARCEL #11 ORDINANCE NO AN ORI~INANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 532 ACRE TRACT OR PARCEL OF LAND FOR SANITARY SEWER [EASEMENT PURPOSES AND AN APPROXIMATE 0 425 ACRE TRACT OR PARCEL OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT PURPOSES, BOTH BEING PART OF LOTS 1 & 2, BLOCK A OF THE REDGATE PECAN ESTATES ADDITION, AN ADDITION TO THE CITY OF DENTON SAID PROPERTY BEING LOCATED IN W HUDSON SURVEY, ABSTRACT NO 586, DENTON COUNTY TEXAS, AUTHORIZING THE CITY MANAGER OK HIS DESIGNEE TO MAKE AN OFFER TO PURCI-LiSE THE PROPERTY FOR JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF SANITARY SEWER FACILITIES AND INSTALLATION, DECLARING AN EFFECTIVE DATE (GRAVEYARD BRANCH SANITARY SEWER) WHEREAS, it is hereby detenmned that a pubhc necessity exists and that pubhc welfare and convemence hereby require the acqu~s~Uon of an approximate 0 532 acre tract or parcel of land for ~amtary sewer easement purposes and an approximate 0 425 acre tract or parcel of land for temporary construcUon easement purposes, wxth such easement rights vesting ~n the C~ty of Denton, Texas, and WHEREAS, the here~naiter described property ~s beheved to be owned by Pachard K Boyer a.,Id Karen Boyer ("Owner"), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Pubhc necessity exists and pubhc welfare and convemence reqmre the acqmsmon of an approximate 0 532 acre tract or parcel of land for sanxtary sewer easement purposesl as more parUcularly described m Extnb~t "A" and dlustrated m Exhibit "B", attached hereto ged made part of by reference, and a pubhc necessity exists and pubhc welfare and convemonce reqmre the acqms~tlon of an approximate 0 425 acre tract or parcel of land for temporary construction easement purposes as more particularly described ~n Exlub~t "A-I" and illustrated m Exhibit "B-I", attached hereto and made a part hereof by reference (both tracts collectively referred to here~n as the Property ) SECTION 2 The C~ty Manager or Ins das~gne¢ ~s hereby anthonzed and d~rected to make an offer for the Property to the owner of the Property, based on .lust compensation recommended by an ~ndependent appraisal prepared at the C~ty Manager's d~recUon SECTION 3 That m the event the offer as descnbed ~n Section 2 xs refused by the Owner of the Property, the C,ty Attorney or h~s designee ~s hereby authorized and d~rected to file the necessary condenmat~on proceedings or stat and take whatever acUon that may be necessary agmnst the Owner and any other parties hawng an mterast ~n the Property to acqmre sa~d 0 532 acre tract for samtary sewer easement purposes and sa~d 0 425 acre tract for temporary construction easement purposes The cost and expense of such acquisition shall be pa~d by the City of Denton, w~th such easement interests vesting an the City of Denton SECTION 4 If ~t should be subsequently determined that additional part~es other than those named hereto have an ~nterest m sa~d property, then m that event, the C~ty Attorney or h~s designee is authorized and d~rected to jo~n smd part~es as Defendants ~n sa~d condemnation SECTION 5 Th~s ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s the day of ., 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM Page 2 EXHIBIT "A" Permanent Samtary Sewer Easement Parcel No 11 FIELD NOTES of a 25 foot w~de permanent sanitary sewer easement lying and being situated m the W Hudson Survey Abstract No 586, Denton County, Texas, and being a portion of Lots 1 and 2, Block A of Redgate Pecan Estates, an addition to the C~ty of Denton, Texas according to the Plat recorded In Cabinet M, Page 144 of the Plat Records of Denton County, Texas, and being more partmularly described as follows BEGfNNING at a 1/2 inch iron rod with cap stamped "Hal fl Assoc, lac ' here~n,ffter referred to as "with cap" set for the South corner of the beforementloned Lot 1, same being the West corner of the beforementloned Lot 2, THENCE North 69 degrees 43 minutes 49 seconds West with the Southwest hne of Lot I for a distance of 26 46 feet to a 1/2 tach ~ron rod with cap set for corner, THENCE North 39 degrees 24 inmates 16 seconds East departing the beforementmned Southwest hne for a d~stance of 341 57 feet to a 1/2 tach Iron rod with cap set for corner TIIENCE North 23 degrees 32 minutes 14 seconds East for a distance of 198 91 feet to a 1/2 tach Iron rod w~th cap set for corner, THENCE North 67 deglees 57 minutes 44 seconds East for a d~stance of 168 67 feet to a 1/2 tach iron rod w~th cap set for corner, THENCE North 55 degrees 23 minutes 26 seconds East at 85 I0 feet pass the common hne of Lots I aml 2, m all a total distance of 215 92 feet to a 1/2 tach ~ron rod w~th cap set m the North hne of Lot 2 for corner, THENCE South 73 degrees 02 minutes 12 seconds East wtth the beforementmned North hne for a distance of 31 32 feet to a I/2 tach iron rod wsth cap set for corner TIIENCE South 55 degrees 23 minutes 26 seconds West depamng the beforementmned North hne at I64 08 feet pass the common line of Lots 1 and 2, m all a total distance of 239 39 feet to a I/2 tach Iron rod w~th cap set for corner, TIIENCE Sonth 67 degrees 57 minutes 44 seconds West for a distance of 160 26 feet to a 1/2 tach sron rod with cap set for corner, THENCE South 23 degrees 32 m~nutes 14 seconds West for a d~stance of 191 79 feet to a 1/2 tach ~ron rod w~th cap set in the Southeast line of Lot I for corner TIIENCE Sonih 39 degrees 24 minutes 16 seconds West for a d~stance of 336 38 feet the PLACE OF BEGINNING containing 23,171 square feet or 0 532 Acres of land, more or less "Basis of Bearing is NAD 83 (1993) Texas State Plane North Central Zone (4202) as observed by GPS on Juhan day 013 of 2000 from ARLINGTON RRP CORS ARP, PID No AF9536 Convergence angle at ARLINGTON RRP CORS ARP ~s +00 degrees 47 minutes 06 8 seconds" ~'~' '% R E D O A TE'--P-E.C__A_ N ESTATES LOTS I & 2, BLOCK EXHIBIT "A-I" Temporary Construction Easement ?creel No 11 FIELD NOTES of a 20 foot wide temporary constmctmn easement lying and being s~tuated m the W IIudson Survey Abstract No 586, Denton County, Texas, and being a portmn of Lots I and 2, Block A of Redgate Pecan Estates, an addltmn to the C~ty of Denton, Texas according to the Plat recorded m Cabinet M, Page 144 of the Plat Records of Denton Connty, Texas, and being more partlcnlarly described as follows COMMENCING at a I/2 inch ~ron rod with cap stamped "Halff Assoe, Ine' hereinafter referred to as "w~th cap" set for the South corner of the beforement~oned Lot 1, same being the West corner of the beforementlonefl Lot 2, THENCE North 69 degrees 43 minutes 49 seconds West with the Southwest hne of Lot I for a d~stanee of. 26 46 feet to a 1/2 meh Iron rod wtth cap set for the PLACE OF BEGINNING of the herem described tract, THENCE North 69 degrees 43 minutes 49 seconds West w~th the Southwest hne of Lot I for a d~stance of 2 l I7 feet to a point for corner, TIIENCE North 39 degrees 24 minutes 16 seconds East departing the befommenttoned Southwest hne for a d~stance of. 345 73 feet to a point for corner, THENCE North 23 degrees 32 minutes 14 seconds East for a d~stance of 204 29 feet to a point for corner THENCE North 67 degrees 57 minutes 44 seconds East for a d~stance of 174 63 feet to a point for corner THENCE North 55 degrees 23 minutes 26 seconds East for a total distance of 197 48 feet to a point m the North hne of Lot 2 for corner, TIIENCE Smith 73 degrees 02 minutes 12 seconds East with the beforementioned North hne for a distance of 26 12 feet to a 1/2 tach iron rod w~th cap set for corner THENCE South 55 degrees 23 minutes 26 seconds West depamng the bef.orementmned North hne for a (hstance of 21 '~ 92feet to a point for corner TIIENCE Sonth 67 degrees 57 minutes 44 seconds West fm a distance of 168 67 feet to a point for coiner, THENCE South 23 degrees 32 minutes 14 seconds West for a d~stance of 198 91 feet to a point for corner THENCE Sonth 39 degrees 24 minutes 16 seconds West for a dtstance of 341 57 feet the PLACE OF BEGINNING containing 18 518 square feet or 0 425 Acres of land more or less ' Bas~s of' Bearing is NAD 83 (1993) Texas State Plane North Central Zone (4202) as observed by GPS on Juhan (lay 013 of. 2000 from ARLINGTON RRP CORS ARP, PID No AF9536 Convergence angle at ARLINGTON RRP CORS ARP ~s +00 degrees 47 minutes 06 8 seconds" · ,e~lF-'(' PARCEL ~11 '"~ R E D G A TE"-C'--E.C_..A...N ESTATES / ~..~_ ,.~ -- ~ x 'PLACE OF/, =__,.~ ~--"% .... ' COMMENCING[: A 0 425 ACRE TRACT OF LAND ~genda Item ._,,..~._~,_.._~ AGENDA INFO~ATION SHEET ~ate, AGENDA DATE. Februa~ 20, 2001 DEP~TMENT: Engineering & Transportat]o~ CM~CM~ACM. Dave Hill, 349-8314 ~ SUBJEC~ Cons]der adoptmn of an ordinance deel~ng a pubhc necessity exists and findzng that pubhc welf~e and eonvemenee reqmres the t~]ng and acqumng of ~ approximate 0 369 acre tract or parcel of l~d for samt~ sewer easement pu~oses ~d ~ approximate 0 312 acre tract or parcel of l~d for tempor~ const~ct]on easement pu~oses, both being p~ o~ Lot 3, Block A of the Redgate Pec~ Estates Add]tmn, ~ addJtmn to the C~ty of Denton smd prope~y being located ~n W Hudson Su~ey, Abstract No 586, Denton County Texas, authorizing the City M~ager or his designee to m~e an offer to purchase the property for just compensatmn ~d such offer ~s refused, authorizing the C~ty Attorney to mst]rate the necess~ proceedings m condemnation m order to acqmre the prope~y necessa~ for the pubhc pu~ose of s~t~ sewer fac]ht~es and installation, declanng an effective date (Graveyard Branch Samta~ Sewer) BACKGROUND The s~]t~ sewer easement tract ~d tempora~ eonst~ctmn easement tract are necess~ to fatal]rate co.eot]wry within the scope ogthe Gravey~d Branch Samta~ Sewer Project Eve~ effo~ has been made to locate the proposed sewer hne m the most optimal ahg~ent, however, project economics dictate that the hne be located ]n ne~ proximity to the Graveyard Branch Tr]buta~ ~here was also b~sect]on o~developable prope~y m this case Thus f~, Staffhas been unsuccessful m negotmtmg the volunta~ purchase of the easements and pro~ect time constraints,compel us to be prepared to acquire the tracts m the ve~ near te~ We antmLpate pursmng an eqmtable purchase ofthe easements prior to the date oftakmg and are hopeful that condemnation wall be avoided The owners ogthe parent tract are Gregg A & and Barbara Gross ~COMMENDATION Staff suppers approval og ordinance P~OR ACTION/~VIEW (Councd, Boards, Commissions) City Councd briefing on Febmaw 6, 2001 FISCAL INFO~ATION Offer of $14,103 25 plus condemnation tr~saction costs and potential excess award David Salmon, Interim Director Prepared by Eng~neenng & Transportation Paul Wflhamson R~ght-of-Way Agent Legend City of Denton GRAVEYARD BRANCH R~ght of Way D~w$~on 940-349 8358 SANITARY SEWER PROJECT 0~/05/0~ GROSS PARCEL_ ORDINANCE NO AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 369 ACRE TRACT OR PARCEL OF LAND FOR SANITARY SEWER EASEMENT PURPOSES AND AN APPROXIMATE 0312 ACRE TRACT OR PARCEL OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT PURPOSES, BOTH BEING PART OF LOT 3, BLOCK A OF THE REDGATE PECAN ESTATES ADDITION, AN ADDITION TO THE CITY OF DENTON SAID PROPERTY BEING LOCATED IN W HUDSON SURVEY, ABSTRACT NO 586, DENTON COUNTY TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF SANITARY SEWER FACILITIES AND INSTALLATION, DECLARING AN EFFECTIVE DATE (GRAVEYARD BRANCH SANITARY SEWER) WHEREAS, it is hereby determ, ned that a public necessity exists and that public welfare and convemence hereby require the acquisition of an approximate 0 369 acre tract or parcel of land for sanitary sewer easement purposes and an approximate 0 312 acre tract or parcel of land for temporary construction easement purposes, w~th such easement nghts vesting m the City of Denton, Texas, and WHEREAS, the herelnatler described property is believed to be owned by Greg A Gross and Barbara Gross ("Owner"), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Public necessity exists and public welfare and convenience reqmre the acquisition of an approxnmate 0 369 acre tract or parcel of land for samtary sewer easement purposes as more particularly described m Exhibit "A" and illustrated m Extublt "B", attached hereto and made part of by reference, and a public necessity exists and public welfare and convemence require the acqmsmon of an approximate 0 312 acre tract or parcel of land for temporary constructmn easement purposes as more particularly described m Exhibit "A-I" and illustrated in Exhibit "B-I", attached hereto and made a part hereof by reference (both tracts collectively referred to herein as the "Property") SECTION 2 The City Manager or h~s designee is hereby authorized and directed to make an offer for the Property to the owner of the Property, based on just compensatmn recommended by an independent apprmsal prepared at the City Manager's direction SECTION 3 That in the event the offer as descnbed in Section 2 is refused by the Owner of the Proporty, the City Attorney or his designee is hereby authorized and directed to file the necessary condemnation proceedings or stat and take whatever action that may be necessary agmnst the Owner and any other parties having an interest in the Property to acquire said 0 369 acre tract for samtary sewer easement purposes and said 0 312 acre tract for temporary construction easement purposes The cost and expense of such acqmslt~on shall be prod by the C~ty of Denton, with such easement Interests vesting m the City of Denton SECTION 4 If ~t should be subsequently determined that addltmnal pan,es other than those named herein have an interest m said property, then m that event, the City Attorney or h~s designee ~s authorized and directed to jmn said partms as Defendants ~n said condemnation SECTION 5 This ordinance shall become effective Immediately upon ~ts passage and approval PASSED AND APPROVED th~s the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER. WALTERS, CITY SECRETARY BY , PROVEO AS TO LEOAL HERBERT L PR~.O.J.UTY, CITY ATTORNEY Page 2 EXHIBiT "A' Permanent Sanitary Sewer Easement Parcel No lO FIELD NOTES of a 25 foot wide permanent sanitary sewer easement lying and being situated in the W Hudson Survey Abstract No 586, Denton County Texas and being a portton of Lot 3 Block A of Redgate Pecan Estates, an addmon to the City of Denton, Texas according to the Plat recorded m Cabinet M, Page 144 of the Plat Records of Denton County, Texas, and being more particularly described as follows COMMENCING at a I/2 Inch iron rod found fo~ the Southeast corner of the beforementloned Lot 3, same being the Northeast comer of Lot 2 THENCE North 73 deglees 02 minutes 12 seconds West w~th the common h ne o£ Lot 3 and Lot 2 foradmtanceof52356feettoa l/2mchironrodw~tbayellowplast~ccapstamped HalffAssoc, Inc" hereinafter referred to as "with cap" set for the PLACE OF BEGINNING of the herein described tract THENCE North 73 degrees 02 minutes 12 seconds West with the beforementioned common hne fo~ a distance of 31 92 feet to a I/2 Inch ~ron rod with cap set for corner THENCE North 55 degrees 23 minutes 26 seconds East departing the beforementmned common line fol a distance of 344 85 feet to a 1/2 tach ~ron rod w~th cap set for corner THENCE North 34 degrees 31 minutes 27 seconds East for a d~stance of 317 96 feet to a 1/2 tach ~ron rod with cap set tn the East bne of the beforementtoned Lot 3 for corner, THENCE Sonth 06 degrees 11 minutes 38 seconds East with the befo~ementmned East hne for a d~stance of 38 32 feet to a I/2 Inch ~mn rod with cap set for corner THENCE South 34 degrees 31 minutes 27 seconds West departing the beforementmned East hne for a distance of 293 52 feet to a I/2 tach tron ~od with cap set for corner TIIENCE South 55 degrees 23 ntmutes 26 seconds West for a d,stance of 329 62 feet to the PLACE OF BEGINNING containing 16,074 squme feet or 0 369 Acres of land more or less Bas s of Beading is NAD 83 (993) Texas State Plane Noltb Central Zone (4202) as observed by GPS on Jnban day 013 of 2000 from ARLINGTON RRP CORS ARP, PID No AF9536 Convergence angle at ARLINGTON RRP CORS ARP is +00 degrees 47 minutes 06 8 seconds" EXHIBIT "B" {PSSE) _. 20 TEmPORaRY LOT 1, BkOC~ A, RED~AT~ PECAN E~TATE~ CITY OF DENTON, DENTON COUNTY, TEXAS EXHIBIT "A-l" TemporaD, Constmctmn Easement Parcel No 10 FIELD NOTES of a 25 foot w~de temporary construction easement lying and being situated tn the W Hndson Survey Abstract No 586, Denton County, Texas, and being a portma of LOt 3, Block A of Redgate Pecan Estates, an add,trna to the C~ty of Denton, Texas according to the Plat recorded m Cabinet M, Page 144 of the Plat Recmds of Denton County, Texas, and being more partmularly described as follows COMMENCING at a 1/2 Inch ~ron rod found for the Southeast corner of the beforementloned Lot 3, same being the Northeast corner of Lot 2, THENCE Nord~ 73 degrees 02 minutes 12 seconds West with the common hne of Lot 3 and Lot 2 for a distance of 555 48 feet to a point for corner for the PLACE OF BEGINNING of the herein described tract THENCE North 73 degrees 02 minutes 12 seconds West w~th the beforementtoned common hne for a d~stance of 25 53 feet to a point for corner, THENCE North 55 degrees 23 minutes 26 seconds East departing the beforemenhoned common hne for a dmtance of 357 03 feet to a point for corner, THENCE North 34 degrees 31 minutes 27 seconds East for a d~stance of 337 52 feet to a point m the East hne of the befo~ement~oned Lot 3 for corner, THENCE South 06 degrees 11 mlnntes 38 seconds East w~th the beforementmned East hne for a d~stance of 30 66 feet to a point for corner, THENCE Smuh 34 degrees 31 minutes 27 seconds West departing the beforementmned East hne for a distance of 317 96 feet to a potnt for corner, THENCE Sonth ~;5 degrees 23 minutes 26 seconds West for a dmtance of 344 85 feet to the PLACE OF BEGINNING containing 13 574 square feet or 0 312 Acres of land, more or less 'Bos~s of Bearing ~s NAD 83 (1993) Texas State Plane North Central Zone (4202) as observed by GPS on Juhan day 013 of 2000 from ARLINGTON RRP CORS ARP, PIE) No AF9536 Convelgence angle at ARLINGTON RRP CORS ARP ~s +00 degrees 47 minutes 06 8 seconds" E×HIBI'r "B-I' . - ................. Hu L0 25 PER~ANENT SA~ITARY~ ~ ~ ~ -'~'-~._ ~ ~3 o~ ~2 w ~ ~~ "'"'".~l ~ IcOMMENCINc Lo~Z OREO OROSS CITY OF DENTON, DENTON COUNTY, TEXAS PR~ECT~ GRAVEYARD BRA~H SANITARY $EW;R / CITY OF D~TOH AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2001 DEPARTMENT: Engineering & Transportatlgn CM/DCM/ACM Dave Hlll~ 349-8314 ~ SUBJECT Conmdcr adoption of an ordinance approving the purchase ofa 0 527 acre sanitary sewer easement and a 0 407 acre temporary construction easement between the City of Denton and Doyle Thompson, Jr, Individually and as Trustee for Joyce Thompson, James Doyle Thompson, Brian Thompson and Pamela Kay Walker, easements located in the W Hudson Survey, Abstract No 586, authorizing the expenditure in funds therefore, and providing an effective date (Graveyard Branch Sanitary Sewer) BACKGROUND The sanitary sewer easement tract and temporary construction easement tract are necessary to facilitate connectivity w~thln the scope of the Graveyard Branch Sanitary Sewer Project The optimal d~slgn for the sewer line traverse had significant impact to the parent tract of land owned by Mr Doyle Thompson Mr Thompson has agreed to the settlement amount contemplated by the City Council at the last Regular Meeting RECOMMENDATION Staff supports approval of ordinance PRIOR ACTION/REVIEW (Council, Boards, Commissions) C~ty Council briefing on February 6, 2001 FISCAL INFORMATION $48,936 82 purchase price for the two easement tracts .~.~~ct fu~4y s~l~rmtted .. Dawd Salmon, Interim Director ~~ed by Englneenng & Transportat,on Paul Wfll]amson Right-of-Way Agent 1 Legend City of Denton GRAVEYARD BRANCH Right of Way DlWSlOn SANITARY SEWER PROJECT 940-349-8358 01/05/01 THOMPSON PARCEL ORDINANCE NO AN ORDINANCE APPROVING THE PURCHASE OF A 0 527 ACRE SANITARY SEWER EASEMENT AND A 0407 ACRE TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF DENTON AND DOYLE THOMPSON, JR, INDIVIDUALLY AND AS TRUSTEE FOR JOYCE THOMPSON, JAMES DOYLE THOMPSON, BRIAN THOMPSON AND PAMELA KAY WALKER, EASEMENTS LOCATED IN THE W HUDSON SURVEY, ABSTRACT NO 586, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (GRAVEYARD BRANCH SANITARY SEWER) THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The C~ty Manager ~s hereby authonzed to purchase a 0 527 acre sanitary sewer easement and a 0 407 acre temporary constructmn easement from Doyle Thompson, Jr, In&wdually and as Trustee for Joyce Thompson, James Doyle Thompson, Brian Thompson and Pamela Kay Walker relating to the pend, ng Graveyard Branch Samtary Sewer ProJect as illustrated m Exhibits "A" & "B" SECTION 2 The Ctty Manager ~s anthonzed to make the expenditures for the 0 527 acre samtary sewer easement and the 0 407 acre temporary construction easement for the combined purchase price of Forty-Eight Thousand N~ne-Hundred and Thlrty-S~x Dollars and E~ghty-Two Cents ($48,936 82) SECTION 3 Th~s ordinance shall become effective ~mmedmtely upon its passage and approval PASSED AND APPROVED th~s the day of ., 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ? C/ / PLACE OF N ///~ BECINNIN~G k EXHIBIT "A" DOYLE THOMPSON. dR A 20,00 ACRE TRACT OF LAND CITY OF DENTON, DENTON COUNTY, TEXAS / PLACE OF ~ ///~ EXHIBIT "B" PARCEL 9 .~- DOYLE THOMPSON, JR A 2000 ACR~ TRACT OF LAND CITY OF DENTON, DENTON COUNTY, TEXAS . EASEUENT ACQUISITION AREA= 17 724 SQUARE FEET OR O 407 ACRES o~oo A Agenda Item--_ Date AGENDA INfO.AT,ON S.EET AGENDA DATE' .[~uary 9, 2001 DEPARTMENT Planning Department 1~ CM/DCM/ACM' David Hill, 349-83 SUBJECT - (A-101) (RyanRoad/CountryClubRoadAnnexatton) Consider approval of the second reading of an annexation ordinance of the City of Denton, Texas, which was amended on January 9, 2001, and was published on January 20, 2001 and which passed on first reading on November 28, 2000 and was published on December 8, 2000 to annex two tracts o£ land, comprising 672 acres, Tract One being located on the on the southwestern side of the City o£ Denton's extratemtonal junsdmtlon east ofU S Highway 377, south o£Regency Court on each side o£ Country Club Road, west of Monteclto along Ryan Road and mostly north of Brush Creek Road, and Tract Two being located west of Monte¢lto, south of E1 Pasco and east of Santa Momca, and providing an effective date (A-101, Ryan Road/Country Club Road Annexation) BACKGROUND An involuntary annexation proceeding is being considered by the City of Denton for approximately 672 acres of land located generally south of Ryan Road and east of Country Club Road, whmh is reduction from the 923 7 acres approved for annexation on first reading by Council on November 28, 2000 City Council eonmdered an ordinance to amend the proposed annexation ordinance on January 9,2001 The amended ordinance was pubhshed on January 20, 2001 The Planning and Zoning Commmslon voted 3-2 to recommend approval of the proposed annexation as rewsed by City Council on November 7, 2000 The subject property is proposed to be zoned (Z-00-020) Agricultural (A) on February 20, 2001 See the attached January 9, 2001 City Council report for more detailed background information See an additional letter opposing annexation not previously seen PRIOR ACTION/REVIEW The following is a chronology of A-101, commonly known as Ryan Road/Country Club Apphcauon Date- September 22, 2000 DRC Date (s) - September 7, 14, 21, 28 and October 6, 2000 P&Z Date - November 8, 2000 ESTIMATED SCHEDULE OF PROJECT The annexation is proposed to be approved on February 20, 2001 ATTACHMENTS 1 Location,Map 2 City Council Report January 9, 20001 (A-101) 3 Letter petltlomng agmnst annexation 4 Draft Ordinance Respectfully submitted Director of Planning and Development Prepared by Iglar[-y Ra~lifi' I Developmbnt R~vlew Manager Al{onda Item ~' AGENDA INFORMATION SHEET Date [' ~-O/ - AGENDA DATE: January 9, 2001 DEPARTMENT: Planmng Department . ~ CM/DCM/ACM: Dawd Hill, 349-8314 ~':/ah SUBJECT - (A-101) (Ryan Road/Country Club Road.dnnexatton) Consider adopUon of an ordinance of the City of Denton, Texas, amending a proposed annexation ordinance wbaeh passed on first reading on November 28, 2000 and was published on December 8, 2000 to annex two tracts of land, compnsmg 923 7 acres, Tract One being located on the on the southwestern s~de of the C~ty of Denton's extraterntonal jurisdiction east ofU S H~ghway 377, south of Regency Court on each s~de of Country Club Road, west of Monteeito along Ryan Road and mostly north of Brush Creek Road, and Tract Two being located west of Montecito, south of El Pasco and east of Santa Momca, and providing an effective date (A-101) BACKGROUND An ~nvoluntary annexation proceeding is being considered by the City of Denton for approximately 668 acres of land located generally south of Ryan Road and east of Country Club Road, which IS reduction from the 923 7 acres approved for annexatwn on first reading by Council on November 28, 2000 A map of the reduced area being considered for annexation is provided m Attachment #1 Also provided in Attachment #1 is a map showing parcel numbers referenced throughout th~s report On December 8, 2000, the entire annexatmn ordinance for A-101, as adopted on first reading, was published in the Denton Reeord-Chromele m accordance w~th the City of Denton Charter Actions Taken Since November 28, 2000 First Readm~ Ordinance Adoptmn In ant~cipat~on of further parcel deletions, staff has prepared an amendment to the first reading ordinance adopted on November 28, 2000 (Attachment 4) Several additional parcels have been deleted The parcels ~dent~fied for possible agreements ~n heu of annexation (parcels # 101 - 112) have been deleted in the draft ordinance A meeting w~th the affected property owners was held on January 4, 2001 to d~scuss the draft agreements W~th some corrections and revisions to the agreements, ~t appeared that the property owners would be wdhng to agree to the provisions drafted by the Legal Department In addmon, parcels # 3, 9, 10, 11, 12, 75, 76, 80, 97, and 99 have been deleted after further title research ~nd~eated that Birch farm and Calvert properties had been madvertently omitted Staffconsulted w~th Council Member Coehran regarding these draft deletions Summary of Parcel Deletions October 24, 2000 Original Proposal 1,370 acres November 7, 2000 #77, 88, 89, 90 - 134 acres November 14, 2000 #1, 2, 74, 78 - 312 acres November 28, 2000 First Reading Acreage 924 acres January 9, 2001 (Draft) #101-112,3,9-12 #75, 76, 80, 97, 99 - 435 acres Remaimng Acreage Being Considered for Annexation- 668 acres 4. SERVICE PI. fAN As per state law, a service plan has been prepared and made available for public inspection (Attachment #3) Amendments based upon parcel delettons and legal recommendations, and approved by C~ty Council on November 7th and November 14th, have been incorporated ~nto the service plan The service plan remmns unchanged from the t~me of 1st readmg adoption on November 28, 2000 OI~TIONS The boundan~s of the proposed annexation may be reduced without requmng ~mttation of a new annexation process and schedule However, the first reading ordinance, or any amendments to the ordinance must be published m the newspaper Because the City's Charter reqmres pubhcation of any amendment to the annexation ordinance, as a precautionary measure, Legal staff recommends that the ordinance amendment be pubhshed Therefore, the proposed ordinance, as amended, may not be approved on second reading until at least 30 days have passed after the date of publication Because staff anticipates further amendments to the A-101 first reading ordinance, Council adoptaon of an amended ordinance has been scheduled rather than adoption on second reading In order to meet the 30-day notice reqmrement and consider adoption of an amended ordinance on second reading, staff will have to deliver the amended ordinance to the Denton Record Chromcle to be published no later than January 20, 2001 The second reading of the A-101 annexation ordinance will then be scheduled for February 20, 2001, which ~s at least 30 days after the date of publication Annexation proceedings must be concluded within 90 days from the date of lmtmtlon (November 28, 2000), which means that the last date for approval is February 26, 2001 It ~s important to note that, should the A-101 ordinance be amended after the January 9, 2001 meeting, the annexation cannot take effect due to insufficient tune to meet City Charter publication requirements (unless Council schedules a Special Called meeting) November 28, C~ty Charter January 9 City Charter February 20, February 26, 2000 30-day or 16, 2001 30-day 2001 2001 pubhcatlon pubhcation [1st Reading of requirement [1st Reading requirement [2nd Reading DEADLINE Ordinance] I I Ordinance I I of Ordinance] I FOR I ] [Dec 8, 2000 I Amendment] ] [Jan 20, 2001- ] I COMPLETION INITIATIONOF I-Jan 7,2001] [ [ Feb 19,2001] I ] OF I RECOMMENDATION Staff recommends that Council approve the amended annexation ordinance as drafted If additional parcels are to be deleted, staff recommends makang all amendments anticipated on January 9t~ The annexation proceeding must be completed w~tlaan 90 days of initiation (90 days from the November 28th adoption on first reading is February 26, 2001), the latest regular meeting date the ordinance can be adopted on second reading is February 20, 2001, with an immediate effective date ESTIMATED SCI~.DULE OF PROJECT A revised annexation schedule is prowded in Attachment #2 PRIOR ACTION/REVIEW The issue of annexa~on of flus area was first roased as a result of a voluntary annexation petition filed by the Denton Independent School District (DISD) on July 18, 2000 to request annexation of an 18 l- acre elementary school site Cl~y staff presented the reformation to City Council at the August 8, 2000 work session, Council discussed development interest m the general wclmty and instructed staff provide further mfonnation regarding a broader annexation action Dunng the August 22, 2000 work session, staff was instructed to institute Involuntary annexation proceedings encompassing the area currently under consideration because of lnfxashucture avmlabihty and impending development pressure Two required pubh¢ heanngs were held at the October 24t~ and November ?a Council meetings The Planning and Zoning Conumsslon held a public hearing on Wednesday, November 8t~ A neighborhood meeting was held on Thursday, November 9~h, at 6 30 PM, at ~he McNair Elementary School, to answer questions and listen to comments Dunng the November 7, 2000 meeting, Council approved the deletion of four parcels (#77, #88, #89, and #90) The four parcels total an estimated 134 acres Council also decided to continue to dehberat¢ and possibly take action regarding further parcel deletions, pending the provision of additional information regarding current land uses and agreements m lleu of annexation at the November 14~h meeting On November 8, 2000, the Planmng and Zomng ConlIIUSSlOn voted 3-2 (Rlshel, Oourdy, and McNeil - m favor, Holt and Moreno - opposed, Apple and Williams - absent) to recommend approval of the proposed annexation as revised by City Council on November 7, 2000 The Planning and Zoning Commission also voted 5-0 to recommend approval to zone the subject annexation area Agricultural (A) if the annexation is approved On November 14, 2000, dunng at a special called meeting, City Council voted to delete four more parcels (#I, #2, #74, and #78) The four parcels total an estimated 133 acres There was further discussion ofldeletmg parcels #101, #102, #104 thru #112 by the time of the 2"d reading of the annexation ordinance pending the posable execution of agreements restnctmg subdivision and development of the land Council Work Session August 8, 2000 Council Work Session August 22, 2000 DRC Review August 24, 2000, September 7, 14, 21, 28, 2000 and October 6, 2000 Petition Filing Date September 22, 2000 Public Heanng # I October 24, 2000 Public Heanng #2 November 7, 2000 P&Z Public Hearing & Recommendation November 8, 2000 Neighborhood Meeting November 9, 2000 Council Work Session & Special Called Meeting November 14, 2000 1 s~ Reading Adoption November 28, 2000 6 ATTACHMENTS 1 Location Map 2 Annexation Schedule ~ 3 1st Reading Ordinance adopted November 28, 2000 (w~thout exl~b~ts) 4 Draf~ Amended Ordinance Respectfully subm~tted/~// Assistant C~ty Manager, Development Serrates Attachment 1 A-101 Ryan Road/Country Club Road Annexation ~ NORTH SCALE NONE Note: Shaded parcels are under consideration for annexation as identified in January 9, 2001 draft A- 101 Ordinance Amendment Attachment 2 ANNEXATION SCHEDULE OF Ryan Road/Country Club Annexation Area Friday, September 22 Involuntary Annexation Petition filed, Annexation Study & Service Plans Drafted, 30 day notice of intent to annex to each property owner, each pubhc entity or private entity that provides services in the area and each rmlroad company Friday, October 6 Annexation Service Plans Completed Thursday, October 5 Notice sent to be published on Monday, October 9 on City Website and in Denton Record-Chronicle for CC's first public heanng (Noon) Friday, October 13 500' Courtesy Notice and Posting of signs Thursday, October 19 Deadline for reeelpt of petitions for opposition (10 days after notice) Tuesday, October 24 City Council Conducts first public heanng Wednesday, October 25 Not, ce sent to be published on Saturday, October 28 on City Webslte and in Denton Record-Chromcle for PZ's public heanng on annexation and zomng and CC's second public heanng on annexation and zoning (Noon) Tuesday, November 7 Clt~ Council Conducts second public hearing Wednesday~November8 Planning and Zomng Commission public hearing - make a recommendation to C~ty Council regarding the proposed annexation and the proposed zoning Tuesday, Nov 28, 2000 First reading of annexation ordinance - City Council by 4/5's vote institutes annexation proceedings Wednesday, Nov 29, 2000 Annexation ordmance published on Saturday, December 8, 2000 on City Webslte and m Denton Record-Chromcle Tuesday, Jan. 9, 2001 Consideration of amendments to the adopted 1st reading ordinance - Council must approve by 4/5's vote Saturday, Jan 20, 2001 Latest date for publication of amended ordinance in newspaper to allow consideration of adoption on 2nd reading on February 20th Tuesday, Feb. 20, 2001 Second reading and adoption of annexation ordinance and zoning ordmanee - City Council by a 4/5's vote takes final action Attachment 3 IA-101 ORDINANCE ADOPTED ON FIRST READING, NOVEMBER 28, 20001 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING TWO TRACTS OF LAND, CO~VIPRISING 923 7 ACRES. TRACT ONE IS LOCATED ON THE ON THE SOUTHWESTERN SIDE OF THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION EAST OF U S HIGHWAY 377, SOUTH OF REGENCY COURT ON EACH SIDE OF COUNTRY CLUB ROAD, WEST OF MONTECITO ALONG RYAN ROAD AND MOSTLY NORTH OF BRUSH CREEK ROAD AND TRACT TWO IS LOCATED WEST OF MONTECITO, SOUTH OF EL PASEO AND EAST OF SANTA MONICA, PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE (A-101) WHEREAS, the Caty of Denton wishes to extend ats City boundary lane to include the 1,100 acre tract labeled as "Tract #1" and the 4 acre tract labeled as "Tract #2", more particularly described in Exhibit A; and WHEREAS, notice was mailed in accordance wath state annexation law and Denton Caty Code, and WHEREAS, public hearangs were held m the Council Chambers on October 24, 2000, and November 7, 2000, to allow all interested persons to state thear vaews and present evidence bearing upon thas annexation, and WHEREAS, the aforementioned public heanngs were conducted not more than forty (40) days nor less than twenty (20) days prior to the instatution of the annexation proceedings, and WHEREAS, after a public heanng on November 8, 2000, the City of Denton Planning and Zoning Commission recommended approval of the annexation by a vote of 3-2, and WHEREAS, annexation proceedings were mstatuted for the property described herein by the antroductlon of thas ordinance at a meeting of the Caty Council on November 28, 2000, and WHEREAS, this ordinance has been published in full one time an the official newspaper of the Caty of Denton after annexataon proceedings were instituted and 30 days prior to City Council taking final action, in accordance wath state law and as reqmred by Cxty Charter, and WHEREAS, certain areas have been deleted to provade for conservataon easements or land trust dedacatlons to protect environmentally sensitive areas, or have been deleted because of the unhkehhood of ammInent development, and WHEREAS, the Caty Council finds that the annexataon will be in comphance wath the 1999 Denton Plan, l0 WHEREAS, the areas to be annexed lie within the extraterritorial juns&ct~on of the C~ty of Denton, Texas and he adjacent to and contiguous to the C~ty of Denton, Texas, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I The land and temtory lying outside of, but adjacent to and contiguous to the Clty of Denton as the 1,100-acre tract labeled as "Tract 1" and the 3 6-acre tract labeled as "Tract 2", more particularly described m Exlubit "A", attached hereto and incorporated here~n by reference, is hereby added and annexed to the City of Denton, Texas, and smd temtory as described shall hereina~er be included within the boundary hrmts of the C~ty of Denton, Texas, and the present boundary limits of smd c~ty, at the various points contiguous to the area described in Exhibit "A" are altered and amended so as to ~nclude smd area within the corporate hmlts of the C~ty of Denton, Texas SECTION II That the land and territory described ~n Exhibit "A" shall be part of the C~ty of Denton, Texas, and the property so added shall bear its share of the taxes lewed by the City of Denton, Texas, and the inhabitants thereof shall be enUtled to all of the rights and privileges as mt~zens and shall be bound by the acts, ordinances, resolutions and regulations of the City of Denton, Texas SECTION III That the service plan attached as Exhibit B, and incorporated by reference, which provides for the extension of municipal services to the annexed property, is approved as part of flus ordinance, and the lmplementaUon of the service plan is hereby authorized SECTION IV The annexed property is zoned classified as Agricultural (A) zoning district classification and use designation SECTION V The City of Denton official zoning map is amended to show the Agricultural (A) zomng district and use classification of the property annexed SECTION VI Should any part of th~s ordinance be held illegal for any reason, the holding shall not affect the remmnmg portion of th~s ordinance and the City Council hereby declares it to be its purpose to annex to the C~ty of Denton all the real property described in Exhibit A regardless of whether any other part of the described property is hereby effectively annexed to the C~ty If any part of the real property annexed ~s already included w~thm the c~ty limits of the City of Denton or w~thln the limits of any other c~ty, town or village, or ~s not w~thm the City of Denton's lunsd~cUon to annex, the same is hereby excluded from the temtory annexed as fully as if the excluded area were not expressly described ~n this ordinance 11 SECTION VII That tins ordinance shall become effective fourtccn (14) days from thc date of its final passage and publication, and the City Secretary is hereby d~rected to cause the en~e ordinance to be published once and the descriptive caption to be published twice m the Denton Record-Chromcle, the official newspaper of the City of Denton, Texas, w~tlnn ten (1 O) days of the date of its passage PASSED AND APPROVED tins the day of · 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 12 Attachment 4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A PROPOSED ANNEXATION ORDINANCE WHICH PASSED ON FIRST READING ON NOVEMBER 28, 2000 AND WAS PUBLISHED ON DECEMBER 8, 2000 TO ANNEX TWO TRACTS OF LAND, COMPRISING 923.7 ACRES; TRACT ONE BEING LOCATED ON THE ON THE SOUTHWESTERN SIDE OF THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION EAST OF U.S. HIGHWAY 377, SOUTH OF REGENCY COURT ON EACH SIDE OF COUNTRY CLUB ROAD, WEST OF MONTECITO ALONG RYAN ROAD AND MOSTLY NORTH OF BRUSH CREEK ROAD; AND TRACT TWO BEING LOCATED WEST OF MONTECITO, SOUTH OF EL PASEO AND EAST OF SANTA MONICA; AND PROVIDING AN EFFECTIVE DATE (A-101) WHEREAS, on November 28, 2000 ~n Annexation Case No A-101 by a vote of slx ~n favor and one opposed the C~ty Council of the C~ty of Denton, Texas passed on first reading an or&nance to annex two tracts of land, comprising 923 7 acres, tract one being located on the southwestern s~de of the C~ty's extraterritorial juns&ct~on east of U S H~ghway 377, south of Regency Court on each s~de of Country Club Road, west of Montec~to along Ryan Road and mostly north of Brush Creek Road, and tract two being located west of Montec~to, south of E1 Pasco and east of Santa Momca, and WHEREAS, smd proposed annexation or&nance was duly published ~n the Denton Record - Chromcle on December 8, 2000, as reqmred by Cay Charter, and WHEREAS, the C~ty Counml finds that it ~s m the pubhc interest to reduce the area to be annexed by the proposed annexation ordinance, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The proposed annexation or&nance ~n Annexation Case No A-101 whmh passed on first rea&ng on November 28, 2000 by a vote of slx m favor and one opposed and which was duly pubhshed ~n the Denton Record - Chromcle on December 8, 2000 (the "Proposed Annexation Ordinance"), ~s hereby amended to reduce the area to be annexed so that the area to be annexed ~s described as that certmn real property located m Denton County, Texas as parhcularly described ~n Exhibit "A" attached hereto and made a part hereof by reference All other terms and con&t~ons of the Proposed Annexation Or&nance shall remmn the same SECTION 2 C~ty staff ~s directed to pubhsh a copy of th~s or&nance ~n accordance wlth the C~ty Charter SECTION 3 This ordinance shall become effective ~mmedmtely from and after ~ts passage and approval PASSED AND APPROVED th~s the __ day of ,2001 13 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM BY ~' ~' ' "// 14 EXHIBIT "A" ANNEXATION CASE NO A-101 AREA TO BE ANNEXED Note: Metes and bounds descriptions are being prepared to be handed out at the January 9, 2001 City Council meeting. 81/17/2881 17 26 2143632098 ERFORD CO PAGE 04 ATTACHMENT 3 NOTICE OF PUBLIC HEARIN Z-00-020 (Ryan Road/Country Club Road Zoninal & A-I 0'1 (Ryan Road/Country Club Road Annexation) The Planning and Zoning Commission of the C~ty of Denton wdl hold a public hearing on Wednesday, November 8, 2000 to consider making a recommendation to C~ty Councd regarding the proposed annexation and aoning to an Agricultural (A) zoning district of approximately 1,370 acres generally east of US Highway 377, along Ryan Road and Country Club Road as shown shaded in the enclosed map The public heanngs wdl start at 6 p m ~n the C~ty Councd Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property within the proposed annexation area or w~thln two hundred (200) feet of the subject property, the City Council would like to hear how you feel about this ennexetlott and ZOt~!n~ chan~le request and invites you to attend the pubhc heanngs Pubhc hearings are ~Jesigned to provide opportunities for c~bzen ~nvolvement and comment In order for your opinion to be taken rote account, please return the enclosed form w~th your comments prior to the date of the public hearing (This In no way prohibits you from attending end participating in the public heanng ) You may fax it tothe number tocated atthe bottom, mactut tOil~ r~.cs.__ I..~T1T~Tr.~I.~ I ,n-p.,,on illlll z w_ ll/ll Planmng and Development Department's/I III III :~21 N EImST IIR%I JAN S 0 001 IIIlll Denton, Texas 75901 111%%1 I1[//I Attn Marcy Ratcliff, Development Rewew M~fr~.._-_-_r ]~.x I The zoning ,process includes two publ,c hear,nos des,gned to involvement and comment Prior to the public hearings, landowners w~thin two hundred (200) feel of the subject property are notified of the zoning request by way of th~s not~ce The first public hearing rs held before the Planmng and Zomng Commiss~on The Commmmon ,s informed of the percent of responses in support and m opposmon Second, the zomng petition ~s forwarded to the C~ty Councd for final action prowdmg the Commission recommends approval Should the Commission recommend demal, the petitioner may then appeal the request to the C~ty Counc~t If owners of more than twenty (20) percent of the land area w~thln two hundred (200) feet of the s~te submit wntten oppos~tion, then out of seven votes of the C~ty Council are required to approve the zomng change The~e forms are used to calculate the percentage of landowner oppos~bon Please circle one In favor of request Neutral to request L Opposed to request ,., C~/~mments ' ~,~r~ ~ ~s)T'lJi~.. ~ ~¢~--~ ....... City, State Zip '~1~C-L'IaOc'p, , "~'-'~' '7~"~c~ I Telephone Number __~4- ~"},,!-~Z.O ~.lcT Physical Address of Property within 200 feet ~ .~ CITY OF DENTON, TEXAS ClTY HALL WEST · DENTON, TEXAS 78201 · 9403498350 · (F) g40 349 7707 OCT 02' OOIMONI 1:5 20 SOW'~LL & GO TEL 114 871 1569P 5 NOT CE OF INTENT TO ° A.101 Ryan Road~ount~ Club Road 5[~ '~ The C~ ~ ~nton is g,~ng you ~ten notice of ~ intent to ~nslder ,nnexat,on of t~ on the map ~low This noace ~s bs~ng sent to all ~e prope~ owners ~n the_,__ ~ropos~ for annexabon as mdic~d by the appraisal re~s, ~ch public or pri~te ent~ ~at provides sewi~s In the area and eaoh m~lroad ~ompany w~thm the area T~e first public heanng ~s ~heduled far O~er 24, 2000 ~e p~h¢ bearing will ~ta~ at 8 00 p m tn the ~ C~ndl Cham~ of City Ha~l le~ et 215 E M~Kinney S[reet, Denton, Texas Add,tidal nobc~ ~ of all t~ CI~ Counal and Pla~lng and Zoning ~mmlssion public heanngs ~ta~ Ler~ Raehha~, Ass~tent Dire~or or Marcy Ratcliff, of Denton Planning and ~elopmen[ DocUment at (9403 34g-~50 17 Sowell Pronertv Partners-Hickory Creek. L,P, 1601 Elm Street Thtrd Floor, Thanksgtvmg Tower Dallas, Texas 75201 (214) 871-3320 e-marl sowell~sowellco com STEPHEN L BROWN President sbrown~sowellco corn January 31, 2OOl PI.,.ANNIN(~ & DEVELOPMENT Ms Marcy Ratchff Via Facsimile. (940) 349-7707 Development Review Manager and Certified MalI/RRR City of Denton #P 071 125 175 221 Elam Street Denton, Texas 76201 RE Proposed Annexation and Zoning ±102 acres, Sowell Property Partners-H~ckory Creek, L P, owner Dear Ms Ratchff This ~s to follow up on our January 31,2001 hand dehvery of noUce of opposmon to the above-referenced actions The reasons for our opposition are based upon the City of Denton's uncertainty as to the location of future Hickory Creek Drive through our property, a 6-lane thoroughfare on the City's transportation plan After meeting with Dave Hill, Assistant Ctty Manager, ~t ~s clear that we may not have sufficient reformation from Teague, Nall and Perlans Consulttng Engineers to look at the alternatives prior to the February 20, 2001 action date Annexation, zoning and location of th~s roadway s~gnlficantly effect the ulttmate use of our property All of our neighbors to the east and west have recently been deleted from the annexation These deletions further cloud the roadway location I am also certain that other properties proposed for annexation and zonmg tn the October 2000 Notice of Intent to Annex have been deleted As owners of the 102 acres as shown in Exhibit "A", attached hereto, we respectfully request that the City of Denton delete our property from those being constdered for annexatmn at this t~me If further actions on our part to facilitate th~s deletton ~s required, please advise Sincerely, SOWELL PROPERTY PARTNERS-HICKORY CREEK, L P a Texas hmlted partnership By Sowell Property Company-Htekory Creek, Inc a Texas eo~oorat~on, ~ts general partner By ~S~phen~;~own'~-"' : Prestdent cc Kathy Fox Powell, Attorney at Law Via Hand Delivery , Dave M Hill, Assistant Ctty Manager Via Facsimile. (940) 349-8596 'Mark Weatherford Via Facsimile. (214) 528-5016 AE \Stew\ Rat~llff M Clly of D~nton Ltr 18 ~XHIB~T A~ ATTACHMENT 4 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING TWO TRACTS OF LAND, COMPRISING APPROXIMATELY 672 ACRES TRACT ONE IS LOCATED ON THE ON THE SOUTHWESTERN SIDE OF THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION EAST OF US HIGHWAY 377, SOUTH OF REGENCY COURT ON EACH SIDE OF COUNTRY CLUB ROAD, WEST OF MONTECITO ALONG RYAN ROAD AND MOSTLY NORTH OF BRUSH CREEK ROAD AND TRACT TWO IS LOCATED WEST OF MONTECITO, SOUTH OF EL PASEO AND EAST OF SANTA MONICA, pROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE (A-101). WHEREAS, the City of Denton wishes to extend its City boundary line to ~nclude the 668-acre tract labeled as "Tract #1" and the 3 6 acre tract labeled as "Tract #2", more particularly described tn Exhibit A, and WHEREAS, notice was totaled in accordance with state annexation law and Denton City Code, and WHEKEAS, pubhc heanngs were held tn the Counml Chambers on October 24, 2000, and November 7, 2000, to allow all tnteresl[ed persons to state their views and present evidence beanng upon tlus armexalaon, and WHEREAS, the aforementioned pubhc heanngs were conducted not more than forty (40) days nor less than twenty (20) days prior to the ms'atUtlon &the annexation proceedtngs, and WHEREAS, after a public heanng on November 8, 2000, the City of Denton Planmng and Zoning Comnusslon recommended approval of the annexation by a vote of 3-2, and WHEREAS, annexation proceedings were instituted for the property described hereto by the introduction oftlus ordmance at a meetln§ of the City Council on November 28, 2000, and WHEREAS, tins orrhnance has been pubhshed ~n full one time in the official newspaper of the City of Denton after annexation proceedings were instituted and 30 days prior to City Council takang final action, in accordance with state law and as reqmred by City Charter, and WHEREAS, certain areas have been deleted to prowde for conservation easements or land trust dedmat~ons to protect environmentally sensitive areas, or have been deleted because of the unlikelihood of lmm~nent development and the City Council finds that such deletions are in the public interest, and WHEREAS, the C~ty Council finds that it ~s in the pubhc ~nterest to the extent that th~s annexatmn results tn an area being entirely surrounded by the c~ty hmlts of Denton but such area ~s not included ~n the city limits, and WHEREAS, the C~ty Council finds that the annexatmn will be in comphance with the 1999 Denton Plan, and 20. WHEREAS, the areas to be annexed lle w~thin the extratemtonal junsdmtlon of the C~ty of Denton, Texas and he adjacent to and contiguous to the City of Denton, Texas, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I The land and temtory lying outside of, but adjacent to and contiguous to the City of Denton as the 668-acre tract labeled as "Tract 1" and the 3 6-acre tract labeled as "Tract 2", more particularly described in Exhthlt "A", attached hereto and incorporated hereto by reference, ~s hereby added and annexed to the City of Denton, Texas, and smd temtory as described shall hereinafter be included w~thin the boundary hnnts of the City of Denton, Texas, and the present boundary hmlts of said mty, at the various points contiguous to the area described m Extnb~t "A" are altered and amended so as to include said area within the corporate limits of the C~ty of Denton, Texas SECTION II That the land and temtory described in Exhibit "A" shall be part of the City of Denton, Texas, and the property so added shall bear its share of the taxes levied by the City of Denton, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges as cmzens and shall be bound by the acts, ordinances, resolutions and regulations of the City of Denton, Texas SECTION III That the service plan attached as Exhlhit B, and incorporated by reference, which provides for the extension ofmumclpal services to the annexed property, ~s approved as part of this ordinance, and the lmplementat~on of the service plan is hereby authonzed SECTION IV The annexed property 15 zoned classified as Agricultural (A) zomng d~stnct classfficatlon and use designation SECTION V The City of Denton official zoning map is amended to show the Agricultural (A) zomng district and use classification of the property annexed SECTION VI Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be 1ts purpose to annex to the City of Denton all the real property described in Exhibit A regardless of whether any~ other part of the described property ~s hereby effectively annexed to the City If any part of the real property annexed ~s akeady included within the city hm~ts of the C~ty of Denton or w~thin the limits of any other c~ty, town or village, or is not within the C~ty of Denton's junsdmtlon to armex, the same ~s hereby excluded from the temtory annexed as fully as ff the excluded area were not expressly described in this ordanance SECTION VII That this ordinance shall become effective fourteen (14) days from the date of its final passage and pubhcatlon, and the City Secretary is hereby d~rected to cause the entire ordinance 21 to be pubhsl~ed once and the descriptive caption to be pubhshed twice ~n the Denton Kecord-Chromcle, the officml newspaper of the C~ty of Denton, Texas, w~th~n ten (10) days of the date of~ts passage PASSED AND APPROVED th~s the day of ,2001 EULINEBROCK, MAYOR ATTEST JENNIFERWALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 23. Ryan Area - Tract 1 Exhibit A ALL that cert0an lot, tract or parcel of land lying and being s~tuated m the County of Denton, State of Texas, and being part of the W Roark Survey, Abstract Number 1087, the B B B & C R R Survey, Abstract Number 196, the T Martin Survey, Abstract Number 900, the A G~bson Survey, Abstract Number 498, the T Peacock Survey, Abstract Number 1589, the T Labor Survey, Abstract Number 779, the J Rogers Survey, Abstract Number 1084,, the M Rogers Survey, Abstract Number 1079, the J Withers Survey, Abstract Number 1343, the J Schultz Survey, Abstract Number 1223, and the F Daugherty Survey, Abstract Number 348 and being more particularly described as follows BEGINNiNG at a point ~n the present Denton c~ty hunt hnc, sa~d point being the southeast comer of a tract estabhshed by C~ty of Denton Ordinance No 81-76, sa~d point lying on the centerhne ofF M 1830 and on the east boundary hne of the sa~d B B B & C RR Survey, Abstract Number t96 same being the west boundary hne of the T Martin Survey, Abstract Number 900, THENCE North 00 degrees 54 minutes 40 seconds West, along smd centcrhne ofF M 1830 and the sa~d east boundary hne of the smd B B B & C RR Survey, Abstract Number 196 same being the east c~ty hm~t hne as estabhshed by smd Orchnance No 81-76, a d~stance of 1,091 30 feet to a point for comer at the most easterly northeast comer of the c~ty hm~t hne estabhshed by sa~d Ordinance No 81- 76, same being the most southerly southeast comer on the centerllne off M 1830 of the c~ty hmlt hnc as estabhshed by Ordinance No 83-17, THENCE North 00 degrees 54 minutes 40 seconds West, cont~nulng along thc centerhne of F M 1830 and the c~ty hm~t hne as estabhshed by smd Ordinance No 83-17, a d~stance of 355 feet to a point for corner m the city hm~t hne estabhshed by Ordinance No 83-17, THENCE North 89 degrees 46 m~nutes 35 seconds East, departing sa~d centerhne ofF M 1830 and the east boundary line of the s0ad B B B & C R R Survey, Abstract Number 196, same being the west boundary hne of the smd T Martin Survey, Abstract Number 900, and contmulng along thc c~ty hm~t hne estabhshed by Ordinance No 83-17, a d~stance of 40 feet to a point for comer on the east right of way hne ofF M 1830, sa~d point being the westerly southwest comer of the c~ty l~m~t hne estabhshed by Orthnance No 80-12, THENCE North 89 degrees 46 m~nutes 35 seconds East, cont~numg w~th the c~ty hm~t hne estabhshed by smd Ordinance No 80-12, a thstance of 640 75 feet to a pmnt for comer, THENCE South 00 degrees 35 minutes 35 seconds West, along the c~ty hm~t hne estabhshcd by Orthnance No 80-12, a distance of 761 95 feet to a point for comer, THENCE South 85 degrees 36 m~nutes 59 seconds East, along sa~d c~ty limit hnc cstabhshed by Ordinance No 80-12, a d~stance of 23 60 feet to apomt, THENCE North 89 degrees 56 minutes 53 seconds East, along sa~d c~ty hmlt hne established by Ordinance No 80-12, a d~stance of 1,138 55 to a point for comer at the northwest comer of thc c~ty hm~t hne cstabhshed by Ordinance No 96-069, 24. THENCE South 00 degrees 06 m~nutes 16 seconds East, along the most westerly west c~ty hm~t hne estabhshed by smd Ordinance No 96-069, a distance of 1,016 25 feet to a point for comer at the westerly southwest comer of stud mty hm~t hne estabhshed by Ordinance No 96-069, THENCE North 89 degrees 47 minutes 21 seconds East, along the stud c~ty limit hne estabhshed by Ordinance No 96-069, a d~stance of 515 04 feet to a point for comer, THENCE South 00 degrees 37 minutes 05 seconds West, along the smd c~ty hm~t hne established by Ordinance No 96-069, a distance of 271 14 feet to a point for comer in Sanders Road, THENCE South 89 degrees 07 m~nutes 03 seconds East, along smd Sanders Road and along stud mty hm~t hne as estabhshed by Ordinance No 96-069, a distance of 326 35 feet to a point for comer, smd pmnt lying on the east hne of the stud T Martin Survey, Abstract Number 900, same being the west hne of the smd A Gibson Survey, Abstract Number 498, said point also lying on the west mty hm~t hne established by Ordinance No 92-060, THENCE South 00 degrees 19 m~nutes 42 seconds East, along the west line of the stud A G~bson Survey, Abstract Number 498, and the smd west c~ty hm~t line estabhshed by Ordinance No 92-060, a d~stance of 472 72 feet to a point at the southwest comer of the said c~ty hm~t hne estabhshed by Ordinance No 92-060, same being the northwest comer of the city hm~t hne estabhshed by Ordinance No 93-188, THENCE South 00 degrees 19 minutes 42 seconds East, cont~nmng w~th the west line of the stud A Gibson Survey, Abstract Number 498, and with the west city hm~t hne as estabhshed by smd Ordinance No 93-188, a distance of 810 95 feet to a point for comer at the southwest comer of the c~ty hm~t hne established by smd Ordinance No 93-188, smd point also lying in the north right of way llne of Ryan Road, a pubhc road, THENCE South 89 degrees 22 m~nutes 47 seconds East, along the smd north right of way hne of Ryan Road and along the city hmlt hne estabhshed by stud Ordinance No 93-188, a distance of 1,315 61 feet to a pomt for comer at the southeast comer of the said c~ty limit hne estabhshed by Ordinance No 93-188, THENCE North 00 degrees 37 minutes 33 seconds East, along the west c~ty hm~t hne estabhshed by said Ordinance No 93-188, a d~stance of 513 39 feet to a pmnt for comer at the southwest comer of the Denton c~ty hm~t hne estabhshed by Ordinance No 99-426, THENCE North 88 degrees 48 m~nutes 29 seconds East along smd city limit hne estabhshed by Ordinance No 99-426, a d~stance of 251 63 feet to a point for comer, THENCE North 00 degrees 37 m~nutes 00 seconds East cont~nmng along smd city hm~t hne estabhshed by Ordinance No 99-426, a d~stance of 62 60 feet to a point for comer, THENCE North 88 degrees 49 m~nutes 00 seconds East contmmng along stud mty limit hne estabhshed by Ordinance No 99-426, a distance of 726 00 feet to a point for comer, THENCE North 09 degrees 19 m~nutes West cont~nmng along stud mty hm~t hne estabhshed by Ordinance No. 99-426, a d~stance of 436 80 feet to a point for comer, 25. THENCE North 09 degrees 17 minutes East contmuang along smd city hmlt line established by Ordinance No 99-426, a distance of 261 feet to a point for corner, THENCE North continuing along said city limit line established by Ordinance No 99-426, a distance of 65 feet to a point for corner and being ~n the city limit line estabhshed by Ordinance No 73-17, THENCE East, along smd c~ty hmit line estabhshed by Ordinance No 73-17, a distance of 419 10 feet to a point for corner in the east boundary line of the said A Gibson Survey, Abstract Number 498, same being the west boundary line of the smd T Peacock Survey, Abstract Number 1589, THENCE South 00 degrees 40 minutes 58 seconds East, along the present Denton c~ty hmlt hne established by Orchnance No 73-17 and along the west boundary line of the said T Peacock Survey, Abstract Number 1589, a distance of 1,057 29 feet to a point for corner at the westerly southwest corner of the e~ty hm~t lane established by Ordinance No 73-17, THENCE South continuing along the west boundary hne of the said T Peacock Survey, Abstract Number 1589 a d~stance of 239 41 feet to a point for corner, smd point lying on the north line of Ryan Road, THENCE EaSt along the north right-of-way hne of Ryan Road a distance of 805 47 feet to a point for corner, said point lying on the existing Denton city limit line established by Ordinance No 73-17, said point lying on the east hne of the T Peacock Survey, Abstract No 1589 and the west line of the C Poullaher Survey, Abstract No 1006, THENCE South a distance of 30' to the centerhne of Ryan Road, said point bemg the southwest corner of the C Poullalier Survey, Abstract No 1006 and the southwest corner of the T Peacock Survey, Abstract No 1589, THENCE North 88 degree 32 mmutes 08 seconds East, along the south boundary line of the said C Poullaher Survey, Abstract No 1006, same being the north line of the T Labor Survey, Abstract No 779, and the same being the southerly south Denton city limit line established by Ordinance No 73-17, a distance of 300 feet, more or less, to a pomt for corner at the northerly northwest corner of the Denton city limit line estabhshed by Ordinance No 77-5 (Tract I), THENCE Sot~th along the ex~sting Denton city limit line estabhshed by Ordinance No 77-5 (Tract I) a distance of 30 feet to a point for corner, smd point lying on the south right-of-way line of Ryan Road, said point being the northeast corner of a 17 acre tract conveyed to Wayne S Ryan, et ux by deed recorded in Volume 730, Page 599 of the Deed Records of Denton County, Texas, THENCE along the south right-of-way lme of Ryan Road the following calls 1 West a distance of 580 07 feet to a point, 2 So~ath 88 degrees 21 minutes 07 seconds West, 645 84 feet to a point, 3 So~th 87 degrees 44 minutes 07 seconds West, 100 92 feet to a point, 4 South 89 degrees 09 minutes 56 seconds West, 155 43 feet to a point, 5 Ndrth 87 degrees 50 m~nutes 17 seconds West, 311 78 feet to a pomt, 6 N6rth 89 degrees 19 minutes 23 seconds West, 174 90 feet to a point, 26. THENCE North 88 degrees 53 minutes 19 seconds West, cont~nmng along the south nght-of-way hne of Ryan Road a d~stance of 90 00 feet to a point, smd point being the northeast comer of a 52 486 acre tract described ~n a Partition Deed to Shelton Ryan recorded ~n Volume 2522, Page 898 of the Real Property Records of Denton County, Texas, smd point also being the northeast comer of a C~ty of Denton annexation tract being described m Ordinance No 99-176, THENCE North 88 degrees 55 unnutes 09 seconds West continuing along the south right-of-way of Ryan Road along the northernmost line of City of Denton annexatmn tract being described ~n Ordinance No 99-176 a d~stance of 872 29 feet to a point for comer, sand point being the northeast comer of a 52 486 acre tract of land conveyed to Phoebe Ryan H~gg~nbotham by Page 6 of Partition Deed, as recorded ~n Volume 2522, Page 898, Real Property Records, Denton County, Texas, smd point also being the northwest comer of smd C~ty of Denton annexation tract being descnbed in Ordinance No 99-176, THENCE North 88 degrees 53 minutes 19 seconds West cont~nmng along the south right-of-way hne of Ryan Road a d~stance of 746 00 feet to a pmnt, THENCE North 89 degrees 16 minutes 12 seconds West cont~nmng along the south nght-of-way hne of Ryan Road a d~stance of 119 75 feet to a point for comer, smd pmnt being the northeast comer of a 15 435 acre tract conveyed to Wayne S Ryan by Partition Deed, Tract 2, as recorded ~n Volume 2522, Page 898, Real Property Records, Denton County, Texas, smd point also lying on the east hne of the J W~thers Survey, Abstract Number 1343, THENCE South along the east hne of the J W~thers Survey, Abstract Number 1343 a d~stance of 3,344 66 feet to a point for comer, smd pmnt being the northeast comer of a 10 acre tract conveyed to Calvert Pawng Corporation by deed recorded ~n Volume 1719, Page 924 of the Real Property Records of Denton County, Texas, THENCE South 88 degrees 36 m~nutes West a dmtance of 660 feet to a point for comer, being the northwest comer of sand 10 acre Calvert Pawng Corporation tract, THENCE South 01 degree 00 minutes East a distance of 660 feet to a point for comer, being the southwest comer of sand 10 acre Calvert Pawng Corporation tract, sand point lying on the north hne of a I0 464 acre tract conveyed to Calvert Pawng Corporation by deed recorded ~n Volume 2115, Page 425, (Tract 1) of the Real Property Records of Denton County, Texas, THENCE South 89 degrees 22 minutes West along the north hne of said 10 464 acre tract conveyed to Calvert Pawng Corporation by deed recorded ~n Volume 2115, Page 425 , (Tract 1) of the Real Property Records of Denton County, Texas a d~stance of 141 48 feet to a pmnt for comer, sand pmnt being the northwest comer of sand 10 464 acre tract conveyed to Calvert Paving Corporation by deed recorded in Volume 2115, Page 425, (Tract 1) of the Real Property Records of Denton County, Texas and lying on the east right-of-way hne of the Kansas C~ty Southem Railway Company (formerly G C &SF RR), THENCE South 34 degrees 41 minutes East along sand rmlroad right-of-way hne a dmtance of 1,158 feet to a pomt, 27 THENCE Southeasterly with said nght-of-way around a 0 824 degree curve to the right 525 64 feet to a point, smd point lying on the west line of the N Bntton Survey, Abstract No 51 and the east line of the J Withers Survey, Abstract No 1343, THENCE South along smd Survey hnes a distance of 111 feet to a point for comer, THENCE West a distance of 52 feet to a pmnt for comer, smd point being the northeast comer of a 15 7998 acre tract conveyed to Connie Ann Cardwell by deed recorded m Volume 3318, Page 908, Tract 4, Real Property Records of Denton County, Texas, same point being the most easterly southeast comer of a 102 493 acre tract to Sowell Property Partners - Hmkory Creek, L P by deed recorded ~n Volume 4413, Page 933 of the Real Property Records of Denton County, Texas, THENCE North 89 degrees 52 m~nutes 00 seconds West along a southerly hne of smd Sowell tract and the north line, of smd Cardwell tract a distance of 1,250 72 feet to a point for comer, THENCE South 01 degrees 50 minutes 01 seconds West, along the common line of said tracts a d~stance of 515 89 feet to a point for comer, smd point lying ~n the centerhne of Hmkory Creek, THENCE along the centerhne of smd Hickory Creek as follows 1 South 67 degrees 25 minutes 56 seconds East 493 76 feet, to a point, 2 South 81 degrees 03 m~nutes 06 seconds East 99 98 feet, to a point, 3 South 51 degrees 50 minutes 31 seconds East 64 85 feet, to a point, 4 South 20 degrees 02 minutes 27 seconds East 108 78 feet, to a point, 5 South 03 degrees 05 m~nutes 54 seconds East 361 60 feet, to a pmnt, being the northeast comer of the tract of land conveyed to Jack W Basden and wife, Beverly Holmquest Basden, by deed as recorded m Volume 832, Page 794, Deed Records, Denton County, Texas, THENCE South 89 degrees 34 minutes 53 seconds West, a distance of 1,740 feet along the south hne of smd Basden tract of land to a point for comer, smd point lying on the west right of way hne of H~lltop Road, THENCE North 00 degrees 09 minutes 00 seconds West along the west right of way line of Hilltop Road, a d~stance of 45 feet to a point, THENCE North 31 degrees 48 minutes 35 seconds West, a dmtance of 149 28 feet to a point, smd point lying on the south right of way line of Brash Creek Road, THENCE South 88 degrees 04 minutes 34 seconds West along the south right of way line of Brash Creek Road, a distance of 726 62 feet to a point for comer, said pmnt lying on the mtersact~on of the south right of way line of Brash Creek Road and the east right of way line off M 1830, THENCE South 82 degrees 36 minutes West across F M 1830, a distance of 200 feet to a point for comer, smd point being the intersection of the south right of way hne of Brash Creek Road and the west right of way hne off M 1830, THENCE Westerly along the south right of way line of Brush Creek Road, a distance of 1,810 feet to a point for comer, 28 THENCE North across Brash Creek Road, passing at 60 feet the southeast comer of a tract of land conveyed to John Brent Ydnard and wife, Mary E Klnard, as recorded ~n Volume 2157, Page 591, Real Property Records, Denton County, Texas, same being the southwest comer of an 80 acre tract conveyed to Charles Penmngton by deeds recorded as Clerk's F~le Numbers 95-R0008699, 95- R0008700, 95-R0008701, 95-R0008702 m the Real Property Records of Denton County, Texas, same being a point on the north line of Brash Creek Road and continuing north along smd ganard and Pennmgton common hne, passing at 434 14 feet the northeast comer of smd Ydnard tract, same being a point m the Graveyard Branch tributary, same being the most easterly southeast comer of a C~ty of Denton annexation tract estabhshed by Ordinance No 97-130 and contmmng north along the east bne of smd Caty of Denton annexataon tract (Ordanance No 97-130) and the west hne of smd Penmngton tract for a total dastance of 2,640 feet to a point being the northwest comer of smd Pennmgton tract, THENCE East along the north hne of saad Pennlngton tract a d~stance of 1,320 50 feet to a point for comer, smd point being the northeast comer of smd 80 acre Penmngton tract, THENCE South along the east line of smd 80 acre Penmngton tract a d~stance of 2,640 feet to a point for comer, smd point being the southeast comer of said 80 acre Penmngton tract, smd point also lying on the north right-of-way hne of Brash Creek Road, THENCE South 89 degrees 15 mmutes 00 seconds East along the north right-of-way hne of Brash Creek Road a distance of 564 94 feet to a point for comer, smd point lying at the intersection of the north hne of Brash Creek Road and the west right-of-way hne ofF M Road 1830, THENCE North 58 degrees 12 minutes 58 seconds East along the west right-of-way lane ofF M 1830 a distance of 485 96 feet to a point for comer, and the beg~nmng of a curve to the left hawng a radius of 527 23 feet, THENCE with smd curve to the left hawng an arc length of 534 91 feet and a chord whmh bears North 29 Degrees 09 Minutes 03 Seconds East a distance of 512 26 feet along the west right-of-way hne of F M 1830 to apo~nt for comer, THENCE North 00 degrees 05 m~nutes 08 seconds East along the west right-of-way hne ofF M 1830 a distance of 1,051 84 feet to a point for comer, and the begmmng of a curve to the right hawng a radius of 1,169 35, THENCE w~th smd curve to the right having an arc length of 158 43 feet and a chord, which bears North 03 degrees 53 m~nutes 39 seconds East a d~stance of 158 31 feet along the west right-of-way hne off M 1830 to a point for comer, THENCE North 07 degrees 46 minutes 32 seconds East along the west right-of-way hne ofF M 1830 a d~stance of 120 90 feet to a point for comer, smd point being the beg~unmg of a curve to the left hawng a radms of 528 08 feet, THENCE w~th smd curve to the left hawng an arc length of 149 46 feet and a chord wluch bears South 00 degrees 19 manutes 58 seconds East a dastance of 148 97 feet along the west right-of-way lane ofF M 1830 to a poant for comer, THENCE North 08 degrees 26 minutes 28 seconds West a dmtance of 148 06 feet along the west right- of-way hne off M 1830 to a point for comer, 29. THENCE North 81 degrees 33 minutes 32 seconds East a d~stance of 5 00 feet along the right-of-way hne of F M 1830 to a point for comer, smd pmnt being the beg~nmng of a non-tangent curve to the right hawng a radius of 1,472 50 feet, THENCE w~th smd curve to the right hawng an arc length of 199 74 feet and a chord which bears North 04 degrees 33 m~nutes 16 seconds West a d~stance of 199 58 feet along the west right-of-way lane F M 1830 to a point for comer, THENCE North 00 degrees 33 manures 33 seconds West along the west right-of-way ofF M 1830 a d~stance of 1,221 43 feet to a point for comer, THENCE North 00 degrees 48 minutes 47 seconds West along the west right-of-way hne of F M 1830 a d~stance of 27 76 feet to a point for comer, said pmnt being the southeast comer ofa 5 165 acre tract conveyed to Rmhard Lee Burch by deed recorded in Volume 1873, Page 134 of the Real Property Records of Denton County, Texas, THENCE South 89 degrees 51 m~nutes 22 seconds West, depamng the west right-of-way hne off M 1830 and along the south hne of smd 5 165 acre tract a distance of 500 feet to a point for comer, smd pmnt being the southwest comer of smd 5 165 acre tract, THENCE North 00 degrees 08 manutes 38 seconds West along the west hne of smd 5 165 acre tract a d~stance of 450 feet to the northwest comer of smd 5 165 acre tract to a point for comer, THENCE North South 89 degrees 51 minutes 22 seconds East along the north hne of smd 5 165 acre tract a dmtance of 500 feet to the northeast comer of smd 5 165 acre tract to a point for comer, smd pmnt lying on the west right-of-way lane ofF M 1830, THENCE North 00 degrees 48 minutes 47 seconds West along the west right-of-way hne off M 1830 a distance of 1,241 24 feet to a point for comer, said point being the southeast comer of a tract to Conrac M Altemus by deed recorded ~n Volume 901, Page 774 of the Deed Records of Denton County, Texas, THENCE West along the south lane of smd Altemus Volume 901, Page 774 tract, crossing the Kansas City Southern Railway Company right-of-way and cont~nmng along the south hne of a tract conveyed to Conrac M Altemus by deed recorded m Volume 901, Page 777 of the Deed Records of Denton County, Texas a d~stance of 2,607 feet, more or less, to a point for comer, smd point being the southwest comer of smd Altemus Volume 901, Page 777 tract, smd point also lying on the west hne of the B B B & C R R Co Survey, Abstract No 196, THENCE North along the west lane of the B B B & C RR Co Survey, Abstract No 196 a d~stance of 1004 92 feet to a point for comer, smd point lying an the center of Hmkory Creek, THENCE North 52 degrees 35 m~nutes 40 seconds West along H~ckory Creek a d~stance of 242 48 feet to a pmnt for comer, THENCE North 32 degrees 40 minutes 56 seconds West along Hmkory Creek a dmtance of 321 60 feet to a pomt for comer, smd point being in the present Denton c~ty hm~t hne as estabhshed by Ordinance No 65-43 (Tract No IV), said point beang 660 feet southeast of and perpendmular to the centerhne ofU S H~ghway 377, 30 THENCE Northeasterly, along the said city limit line established by Ordinance No 65-43 (Tract No IV), 660 feet southeast of and parallel to the centerhne ofU S Highway 377, passing at 518 feet, more or less, the east boundary line of the smd W Roark Survey, Abstract Number 1087, same being the west boundataj line of the smd B B B & C R R Survey, Abstract Number 196, and continuing for a total distance of 1,383 feet, more or less, to a point on the northeast right-of-way line of the Kansas City Southern Rtulroad, same being a point at the westerly southwest comer of the city limit line as estabhshed by Ordinance No 81-76, THENCE South 35 degrees 27 minutes East, along the northeast right of way line of said rmlroad and the southwest city limit line estabhshed by smd Orrhnance No 81-76, a distance of 898 13 feet to a point for comer at the southerly southwest comer of the city hmlt line established by said Ordinance No 81-76, THENCE North 89 degrees 37 minutes 22 seconds East, departing smd rmlroad right-of-way and contlnmng along the south city limit hne established by smd Ordinance No 81-76, passing at 1,481 feet the west right of way line off M 1830, and continuing for a total distance of 1,521 feet to the POINT OF BEGINNING and containing 690 25 acres of land, SAVE & EXCEPT a 2 25 acre Burch, et al tract for a net acreage of 668 acres within the annexation tract, SAVE & EXCEPT THE FOLLOWING TRACT Field notes to all that certmn tract of land situated m the J Withers Survey, Abstract Number 1343, Denton County, Texas, and being a portion of the called 80 acre third tract described m the deed from V D Burch, et ux to Marvin Burch recorded m Volume 440, Page 214, Deed Records of Denton County, Texas, sublect tract being more particularly described as follows BEGINNING at a point on the north line of Brash Creek Road and on the southerly right-of-way line off M Road 1830 and being North 58 degrees 12 minutes 58 seconds East a distance of 20 00 feet from the northwest comer of the tract of land described m the deed from A E Wyatt to Fred D Kurrus being recorded ~n Volume 598, Page 544, Deed Records of Denton County, Texas, THENCE North 58 degrees 12 minutes 58 seconds East along the south right-of-way line ofF M 1830 a distance of 323 52 feet to the beginning of curve to the left having a radius of 617 23 feet, THENCE with smd curve to the left having an arc length of 443 28 feet and a chord beanng of North 37 degrees 38 minutes 31 seconds East a distance of 433 82 to a point on the southerly right-of-way of F M 1830 and on the west line of the tract of land described in the deed to Sowell Property Partners- Hickory being recorded as County Clerk's File Number 99-R0088518, Real Property Records of Denton County, Texas, THENCE South 00 degrees 54 minutes 46 seconds East along the west hne of smd Sowell Property Partners-Hmkory tract a &stance 489 36 feet to a point on the north right-of-way line of Brash Creek Road, THENCE SOuth 87 degrees 25 minutes 34 seconds West along the north line of Brash Creek road a distance of 548 30 feet to the POINT OF BEGINNING and contmmng ~n all 2 25 acres of land 31 Ryan Area - Tract 2 Exhibit A ALL that certain lot, tract or parcel of land lying and being situated m the County of Denton, State of Texas, and being part of the Archibald Cabson Survey as conveyed to Robert J Caraway and wife, Georgia Caraway by deed dated January 18, 1984, and recorded m Volume 1329, Page 58, Deed Records, Denton County, Texas and being more particularly described as follows BEGINNING at a point m the south right of way line of E1 Pasco, a pubhc road, said point being the existing Denton city limits line as established by Ordinance No 65-35, same point being thc northwest comer of said Caraway tract of land and also being the northeast comer of a tract of land conveyed to Elmer Wayne Stephens, et ux, by deed dated April 16, 1974, and recorded m Volume 706, Page 79, Deed Records, Denton County, Texas, THENCE North 88 degrees 45 mmutesl0 seconds East along the existing south Denton city hmlts hne as estabhshed by Ordinance No 65-35, same being the north property line of said Caraway tract of land, a distance of 679 58 feet to a point being the northwest comer of the existing Denton c~ty limits hne as established by Ordinance No 73-17, same point being the northeast comer of said Caraway tract of land, THENCE South 09 degrees 35 minutes 00 seconds West along the existing Denton city limits line as cstabhshed by Ordinance No 73-17, same being the east property line of smd Caraway tract of land, a distance of 254 53 feet to a point at the southeast comer of sa~d Caraway tract of land, same point being in the ex~stmg Denton e~ty limits line as estabhshed by Ordinance No 99-426, THENCE South 88 degrees 45 minutes 10 seconds West along the existing Denton city limits line as established by Ordinance No 99-426, same being the south property hne of said Caraway tract of land, a distance of 591 14 feet to a point at the southwest comer of said Caraway tract of land and being m a curve to the left, hawng a central angle of 09 degrees 14 minutes 08 seconds, a radius of 1,534 02 feet, a chord which bears South 10 degrees 27 minutes 05 seconds East, a distance of 247 00 feet, THENCE along the arc of sa~d curve and the exlstmg Denton city limits hne as established by Ordinance No 99-426, also being the west property line of said Caraway tract of land, a distance of 247 26 feet, THENCE North 14 degrees 58 minutes 40" West contlnmng along thc existing Denton c~ty hm~ts line as established by Ordinance No 99-426 and the west property line of said Caraway tract of land and also being an east line of s0ad Elmer Wayne Stephens tract of land, a distance of 6 30 feet to the POINT OF BEGINNING and contalmng in all 3 626 acres of land 32. Exhibit B CITY OF DENTON ANNEXATION SERVICE PLAN FOR A-101 01YAN ROAD/COUNTRY CLUB ROAD) I. AREA ANNEXED The annexation area located in two tracts in the extra-territorial jurisdiction of southwest Denton contains approximately 672 acres The annexation area of Tract #1 is located east ofU S Highway 377, south of Regency Court on each side of Collntry Club Road, west Of Montec~to along Ryan Road and mostly north of Brush Creek Road The annexation area of Tract #2 is located west of Montecito, south of E1 Pasco and east of Santa Monica See Attachment #1 II. INTKODUCTION Th~s service plan has been prepared in accordance w~th the Texas Local Government Code, Section 43 021, 43 065 and 43 065(b)-(o)(Vernon Supp 2000) Municipal faclhties and servmes to the annexed area described above will be provided or made avmlable on behalf of the city in accordance w~th the following schedule III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. POLICE~ CODE ENFORCEMENT AND ANIMAL CONTROL SERVICES The entire complement of Pohce, Code Enforcement and Ammal Control services will be provided on the effective date of the annexation The City shall prowde a level of services, mfrastmcture and ~nfrastmcmre maintenance that ~s comparable to the level of services, infrastructure and infrastructure maintenance available ~n other parts of the c~ty w~th topography, land use and population denaity similar to those reasonably contemplated or projected in the area The Pohce Department will be able to provide appropriate servme to th~s area ~mmethately upon annexation The ~mmethate ~mpaet of the annexation will be addressed by the pohce department without additional resources, due to the primarily undeveloped condition of the area The Pohce Department already prowdes service to neighborhoods that d~rectly surround the proposed armexatlon area As the population grows and more land ~s developed, addlt~onal staffing will be deployed to maintain a consistent level of service The Denton Pohce Department employs a pohclng philosophy known as Community Oriented Pohmng Servmes (C O P S ), whereto, the m~ss~on is to positively impact the quahty of life throughout the community To achieve these ends, the department is committed to forming practmal partnerships with the citizenry, which includes a mutual goal setting process aimed at resolving problems, reducing fear, preserving the peace and enformng the law, thereby, providing for a safe environment for all c~tlzens The primary goal is to provide a system of dehvenng police services to neighborhoods based on three basic elements Consultation Adaptation Mobilization Implementation of these three elements prowdes for structuring servme delivery in a way that reinfomes the strengths of neighborhoods, whereby it involves the community in all policing 33 activities that directly impact the quahty of community hfe Neighborhood officers arc the hnk between citizens and the management of the orgamzat~on and take the initiative to seek and collect lnfonuatlon/ldeas from average law abiding citizens Through these activities, the officers~ are better informed about what the citizens want in the way of police service m their respective neighborhood and plans are adopted to ~mplement those servaces TI'ns system of service ~dehvery has been nationally recogmzed via two National League of C~tles awards for "Innovative Pohce Services Progranumng" Those awards were received m 1994 and 1997 The Police Department offers a Citizens Police Academy that was launched ~n the fall of 1992 It ~s specifically intended to revolve residents in pohc~ng through a curriculum designed to acquaint participants with the entire police operation, thus providing a clearer understanding of what the pohce and other associated services in their community can do for them Additionally, the department offers a Citizen Youth Academy with much the same focus, except it is directed toward youth ages 15 to 18 Many other programs are offered, such as, the H E A T (Help End Auto Theft) program, S C A M S (Semor Citizens Against Money Seams) presentations and various Crime Prevention surveys, just to name a few B FIRE AND EMERGENCY MEDICAL SERVICES Fire protection and emergency medical services wdl be provided on the effective date of the annexation using existing Denton Fire Department personnel and equipment Also, a mutual agreement with the Argyle Volunteer Fire Department currently exists The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, ~nfrastructure and ~nfrastructure maintenance available in other parts of the city with topography, land use and population density slnnlar to those reasonably contemplated or projected m the area Denton F~re Department services ~mmedlately available include · Fire suppression/rescue response -- minimum staffing level of 33 firefighters 365 days a year/24 hours per day operating from 6 fire stations -- 4 engine companies, 2 qmnt engine companies, 1 truck company, 4 medic ambulances and 1 Battalion Chief · Emergency medical services at Advance Life Support (ALS) level -- all fire engines have a paramedic and paramechc equipment - The City has 4 fully staffed paramedic ambulances with 2 reserve ambulances that can be staffed by an engine company · Voluntary home fire prevention inspections · Swift water rescue team and eqmpment · Urban search and rescue team and equipment · Heavy rescue team and equipment · Hazardous material response · Fire prevention and education program = clown program and fire safety trader · Victim support program · CPR/Flrst md traamng for citizens · Emergency management program for d~saster preparedness 34 Fire protection and Prevention 1 Initially, fire protection will be provided by Station #3 at 1204 McCormick and Station #6 at 3232 Teasley Lane Depending on the type of emergency, additional equipment will be required For example, a structural fire requires 3 engine companies, 1 truck company, a Battalion Chief, an ambulance, and a Fare Marshal for an anatml response 2 The Fare Department's emergency response time to this annexation will exceed the Fare Department's five-year Strategic Plan's goal of a 4-minute response tame to City residents 80% of the time However, the Denton Fire Department's response to th~s annexation area will still substantially improve the current level of fire protection and emergency medical care 3 The Fire Department Strategic Plan recommends two new fire stations an this area an order to mamtmn the same level of service provided to other areas of the City of Denton The Fire Department Strategic Plan calls for new fire stations located in the vicimty of Brush Creek Road and US 377, and in the FM 2449 / 1-35 W area These new fire stations will allow for an acceptable 4-minute response time an 80% of the emergenmes The FM 2449 / 1-35W station (#7) is being actively pursued at the present tame, and ~s budgeted for Fiscal Year 2002-03, unless clmumstances exist beyond the control of the city Station //8 will be programmed as conditions warrant, depending on new development and population growth 4 Other areas wathm existing city boundaries do not meet the 4-minute response t~me goal and are similar in duration to the expected response tames to this annexation Improving future response times to these areas are also addressed by the Fire Department's Strategic Plan 5 The C~ty of Denton as close to sIgmng an automatic md agreement with the City of Fort Worth Fire Department for brush fire response into this area along w~th structure firefight~ng 6 No automatic md agreements with Argyle Volunteer Fare Department currently exist w~th the City of Denton Through a mutual aid agreement, fire protection responses are provided on an as-needed basis, and the sharing of manpower and eqmpment as coordinated by the on-scene commander of the affected jurisdiction Automatic aid with any surrounding volunteer fire department would not achieve the same level of service as the rest of the City of Denton due to the nature of a volunteer fire department Volunteer fire departments are not sufficiently staffed and ready at a moment's notice as compared to a fully prod fire department as exists in the City of Denton Emergency Medical Services Emergency Merhcal Services will be provided immediately on the effective date of the annexation using existing Denton Fire Department personnel and equipment The annexation tracts currently do not have dedicated EMS ambulances or personnel that serve the existing population 35 C ROADS AND STREETS Maintenance of roads and streets in the area to be annexed will be made avmlable on the effective date of the annexation The City shall provide a level of services, infrastructure and infrastructure mmntenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area Maintenance of Roads and Streets 1 An inventory of existing roads within in the subject area, including immediate and long- term maintenance and construction needs, is attached as Attachment "2" 2 The City of Denton currently maintains 335 miles of road The subject area currently contains 2 7 males of pubhc roads that are maintained by the County These roadways would become the City of Denton's responsibility immediately upon annexation No new equipment or facthtles would be reqmmd to serve the area 3 Based on a projected population of 8,000 residents, and assuming there w~ll be additional roads constructed as property develops, it is anticipated that add~tlonal personnel will be required in order to malnt0an current levels of service at full development Additional equipment for the street crew would include a dump truck, backhoe and miscellaneous field supplies totahng $300,000 00 These resources would not be needed until the area becomes more fully developed D STREET LIGHTING Street lighting will be avmlable on the effective date of the annexation The C~ty shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and mfi'astructure mmntenance available m other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area E PARKS AND RECREATION SERVICES If any city park and recreation factht~es are located within the annexed area, the maintenance will begin on the effective date of the annexation The City shall provide a level of servmes, infrastructure and infrastructure mmntenance that is comparable to the level of services, infrastructure and Infrastructure maintenance available m other parts of the c~ty w~th topography, land use and population density similar to those reasonably contemplated or projected in the area No parks are currently located within the proposed annexation area The closest Denton neighborhood park properties are the undeveloped Cross T~mbers Park and Bent Creek Park, which are adjacent to the annexation area Southlakes Park, located at Hobson at Santa Momca (approximately 1 2 miles away) and Dema Park, located at 1001 Parvln (apprommately 1 mile away) are community parks located wltfun reasonably close distance of the annexation tracts Current residents will be able to use ex~stmg City of Denton parks, facilities and programs Parks and Recreation Facilities The current 2000 Parks and Recreation Master Plan mdmatcs a need for a community park in this general area Population projections indicate a build-out populatmn of 8,000 people living in 3,000 housing umts Based on service standards set in the Park and Recreation Master Plan, 36 an estimated 20 acres of new parkland will be needed for neighborhood parks Since the Parks and Recreation Master Plan indicates a need for a Community Park, a minimum of 30 acres will be necessary for such a faeihty, which would not be completed until near the time of area bmld-out Neighborhood parks are currently supported by the Park Dedication Ordinance, whml~ reqmres development exactions for land and improvements Taxpayers share the costs of corrnuunaty parks on a eitywlde basis, typmally through capital improvements programming F LIBRARY SERVICES Library services will be made avmlable on the effective date of the annexation on the same basis and at the same level as similar facilities are mmntmned throughout the city The closest hbrary faclhty to the annexation tracts is the South Branch Library, located on FM 2181, near the intersection of FM 2181 and Wind River Drive G. BUILDING INSPECTIONS AND CONSUMER IlEALTH SERVICES Bmldmglmspections and consumer health servlcas will be made available on the effective date of the annexatl0n on the same basis and at the same level as sunflar facilities are maintained throughout the city Both services are provided on a "cost recovery" basis, and permit fees are used to offset the costs of sermces dehvered It. PLANNING AND DEVELOPMENT SERVICES Planning and Development Department services will be made avmlable on the effective date of the annexation on the same basis and at the same level as similar facilities are mmntained throughout the city The Planning and Development Department currently provides services to the annexation tracts by way of admlmstratlon of Chapter 34 of the Code of Ordinances, Subdivmlon and Land Development Regulations City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 9n December 7, 1999 The Future Land Use Plan addresses both land in the city and ItS ETJ, an~t the subject tracts contmn a Community Mixed Use Center, Neighborhood Centers, Existing Neighborhoods / Infill Compatibility Areas, and 100 Year Floodplmn / Environmentally Sensitive Areas The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplmns as environmental and open space comdors The Denton Plan will be used as a basis for final zomng classifications after the properties are annexed. IV. UTILITY (RATEPAYER) SERVICES A. SOEID WASTE SERVICES The City of Denton Solid Waste Department is the exclusive residential and commercial solid waste service provider in the City The Department IS an entirely fee based operation and receives no resources from taxes The current residentml solid waste rate is $16 per month for twice per week pick-up Commercial rates vary depending upon the scope of service provided Solid waste collectlqn service will be provided to the property on the effective date of' the annexation The City o£ Denton Solid Waste Department will honor existing contracts with private solid waste service providers for two years after the effective date of this annexation in accordance with Texas Local Government Code, Section 43 056(0) (Vernon Supp 2000) To receive solid waste 37. collection service the customer must contact a City of Denton Customer Service Office and submit a request / application for service Sohd Waste Collection Existing development m the area can be adequately served with resources provided in the fiscal year 2001 budget with no appreciable ~mpact upon those resources Future impact will be determmed by the rate of growth For automated residential systems an additional residential route ts needed for every 800-1000 dwelhngs The city proposes to serve this area with automated mstdanttal collection using roll-out carts when such a route is extended into the annexation area B WATER AND WASTEWATER SERVICES Maintenance of existing City of Denton water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be continued to be mmntmned immediately on the effective date of the annexation The majority of the area to be annexed is prowded water by either a private water well or the Argyle Water Supply Corporation, and a private wastewater system The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure mmntenance avmlable tn other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area Maintenance of Water and Wastewater Facilities The city's Water Master Plan includes a 20qnch water main along US Highway 377 The proposed armexatton areas can and most hkely will be served by tapping into thru 20-inch line The Master Plan also includes a 12-inch water line along Country Club Road and Hickory Creek Road The ~mpact of annexation and development of the subject tract can be accommodated by the US Highway 377 Water Line The City of Denton will be the retail provlder of water utility service for all futura developments in the area since they will be annexed into the City limits and lie within Denton's CCN for water utility service No additional equipment will be needed for water to serve the annexation area The Wastewater Distribution System Master Plan shows the Roark Branch Sewer Line that will tie into the existing H~ckory Creek Interceptor (See Attachment "3") The only exlsang City of Denton utlhty line that lies w~thm the proposed annexation area is the Hickory Creek Intemeptor sewer line The impact of annexation and development of the subject tract can be accommodated by the programmed Graveyard Branch Interceptor that will be installed in the southern pomon of the annexation tract, and the Hmkory Creek Interceptor The City of Denton will be the retml provider of wastewater utthty serrate for all future developments tn the area since they w~ll be annexed into the City limits and he w~ttun Denton's CCN for wastewater utility service No additional eqmpment w~ll be needed for wastewater to serve the annexation area C DRAINAGE SERVICES Drmnage mmntenance will be provided on the effective date of the armexatlon The City shall provide a level of serrates, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area 38 Drainage Services 1 Annexation of this area includes subdivisions that may be poorly drmned Some areas could be substandard and susceptible to flooding Major channel or storm drain systems may be reqmred Correct~on of these problems will require expenditure of City funds 2 Provision of drmnage servmes is currently funded by water and wastewater ratepayers As development occurs, and sewer or water service ~s extended to these areas, funding will become avmlable to provide drainage maintenance 3 Easements may be necessary to provide adequate drainage 4 Th~s area contains creeks that do not have a detmled flood study The Master Drainage Plan Update will include these properties, ff annexed, as part ora detailed flood study 5 Areas currently experiencing moderate to severe erosion may reqmre eventual repair 6 New subdivisions would be subject to the City's Drainage Criteria, subd~ws~on regulatmns, and interim regulations Areas along Ryan Road and Country Club Road contain properties m the 100-year floodplain Approximately 475 acres lie within the 100-year floodplain In adtht~on, this area contains designated Enmronmentally Sensitive Areas The majonty of the floodphun has a contributing dramage area of greater that one square mile The proposed development code will essentially prohibit any d~sturbance of the floodplain and enwronmentally sensitive areas in these areas, allowing hm~ted density transfers Structures, parking lots, fill, excavation, land disturbance, fences, decks, pools, and other aboveground manmade structures will be prohibited in the floodphun D ELECTRIC SERVICES Denton Municipal Electric ~s certffied by the state and is obligated to provide electric utility service to the entire annexation area should a request be made by a property owner Other electric service prowders are also certified to provide electric utlhty service w~th~n the annexation tracts, and customers may elect to choose the electric company they prefer Electric utility service will be made avmlable on the effective date of the annexation on the same basis and at the same level as similar famht~es are mmntmned throughout the c~ty Electric service to properties within the annexation tracts will be able to continue without disruption for any customer currently receiving such service Denton Mumc~pal Electric has ex~stmg factht~es in the Ryan / Country Club Annexation Area The 138 kV transmission line crosses the annexation area Distribution facilities are on US 377, Ryan Road, Country Club Road, and Hickory Creek Road Denton Municipal Electric plans to bmld two substations one on US 377 and the other at Teasley Lane and Hmkory Creek Road V. OTHER SERVICES Other services that may be prowded by the c~ty such as municipal and general admimstrat~on will be made avadable on the effective date of the annexation The City shall provide a level of services, 39 infrastructure and infrastructure maintenance that ts comparable to the level of servmes, infrastructure and infrastructure maintenance avmlable m other parts of the c~ty wtth topography, land use and populatton density s~mflar to those reasonably contemplated or projected m the area VI. CAPITAL IMPROVEMENTS PROGRAM (CIP) Construction,of additional water, sewer, street and drmnage famhtles wtll begin wtthm two and a half (2 ½) years unless certmn servmes can not be reasonably provtded w~thm that period If certmn services cannot be reasonably pmwded, the c~ty will prowde those services wtthtn 4 and a half (4 years after the effective date of the annexatton Construction wtll be completed w~thm four and one- half (4 ½) years after the effective date of the annexatton unless the construction process ts tnterrupted by circumstances beyond the control of the c~ty Construction of other capital tmprovements shall be considered by the mty ~n the future as the needs d~ctate on the same basts as such capital improvements are considered throughout the cay VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Notlung tn th~s plan shall reqmre the city to prowde a uniform level of full mumctpal servmes to each area of the c~ty, mclud~ng the annexed area, ff d~fferent characteristics of topography, land use, and populatton density are considered a sufficient basts for provtd~ng d~fferent levels of service VIII. TERM This service plan shall be valid for a term often (10) years Renewal of the servtce plan shall be at the discretion of C~ty Council IX. AMENDMENTS The service plan may be amended ff the Ctty Counctl determines at a pubhc heanng that changed conditions or subsequent occurrences make th~s servtce plan unworkable or obsolete The C~ty Councd may amend the servme plan to conform to the changed cond~ttons or subsequent occurrences pursuant to Texas Local Government Code, Section 43 056 (Vernon Supp 2000) X. EXHIBITS Attachment 1 Annexation Tracts Location Map Attachment 2 Roadway Inventory Attachment 3 Water & Wastewater Facdlt~es /40 Attachment 1 NORTH A-101 Club Road Annexation LOCATION MAP Scale None Attachment 1 ~ A-101 Ryan Road/Country Club Road Annexation NORTH LOCATION MAP SCALE NONE Ryan Road / CoUntry Club Road Annexation Area {Affected Streets rn ~--. Affected Streets /~. Exmtlng Streets / ~ / Plartned Thoroughfares ~ Planned Collectors '/~ Qty L~m~ts ~ Annexation Area 43 ATTACHMENT 2 Legend Developments ~ Burch Tract ~ Ryan Tract ~ The Hills of Argy ~ The V~ntage ~ Weatherford Tra Annexation Areas ~ 377 & 35 ~ Ryan & 1830 ~ Priority ~ Proposed Line (..\ 0 05 1 ~ Md WATER ANNEXATION AREAS ATTACHMENT 3 Legend Developments ~ Burch Tract~ Ryan Tract ~ Weathedord Tract ~ Proposed Line IN A~E~8 - 8ERVlOE ATTACHMENT 3 45 Aganda AGENDA INFORMATION SHEET Agenda Date_ AGENDA DATE: February 20, 2001 DEPARTMENT. Planning Department . ~ / /~-d L,,~ CM/DCM/ACM: Dave Hill, 349-8314 ~/~.~ SUBJECT - Z-00-020 (Ryan Road/Country Club Road) Hold a pubhc hoanng and consider an ordinance regarding the request to zeno two tracts conta~mng approximately 672 acres of land proposed to bo annexed into tho City Limits (A-101 Ryan Road/Country Club Road Annexation) to bo Agricultural (A) zoning d~strlct Tho intent is to establish a restrictive zomng chstnct on newly annexed property The Planmng and Zoning Commission recommended approval (5-0) (Z-00-020, Ryan Road/Country Club Road) BACKGROUND Tho application is in conjunction with an involuntary annexation A-101 Ryan Road/Country Club Road to rezone tho proposed annexed property to Agricultural (A) The majority of the property is undeveloped, however, thoro are existing homes and businesses on some of tho tracts ~ Tho sQbject property is located in tho Extratomtonal Jurisdiction of the City of Denton and is unzonod at this time ~ Typloally, tho City of Denton rozonos property that is proposed to be annexed into tho city limits to Agricultural (A) Tho subject property if annexed will be rozoned again after cltywldo rozomng scheduled for March 6, 2001, because they were not residents of tho City of Dor~ton in October 2000 when notices wore maxled ~ Tho ~uturo Zoning Map has Tract 1 designated along Ryan Road as Neighborhood Centers Ras~dontla1-2 (NCR-2) and Neighborhood Res~dantla1-2 (NR-2), along Country Club Road, south, of Ryan Road almost to Hickory Crook as Commumty Mixed Uso General (CM-G) The ,area north and south of Hickory Creek is designated as Neighborhood Centers Residential -2 (NCR-2) w~th environmentally sensitive areas Tho property north of Brush Creek is designated as Neighborhood Centers Residential -2 (NCR-2) and Neighborhood Rcslclontlal -2 (NR-2) with environmentally sans~t~ve areas Tract 2 ~s designated as Neighborhood Residential -2 (NR-2) ~ E~gh~y-one (81) property owners within the annexation area, one hundred mnoty-sevan (197) property owners within 200' of tho annexation area, and four hundred thirty-four (434) courtesy notice to all addresses within 500' of tho annexation area were notified o£ the zoning request Three (3) letters wore received m support o£the annexation and zoning One (1) letter was received neutral to tho request Thirty-one (31) letters received were not in suppgrt of tho annexation and zoning PRIOR ACTION/REVIEW The followmg 1s a chronology of Z 00-020, commonly known as Ryan Road/Country Club Road Apphcatton Date- September 22, 2000 DRC Date(s) - September 7, 14, 21, 28 and October 6, 2000 P&Z Date - November 8, 2000 ESTIMATED PROJECT SCHEDULE The approval of the second readmg of an ordinance annexing the property tmo the ctty hmtts ts scheduled for February 20, 2001 FISCAL INFORMATION Development of th~s property will increase the assessed value of the c~ty, county, and school district P&Z SUGGESTED RECOMMENDATION The Planmng and Zomng Comm~ssmn recommends approval (5-0) of th~s zomng request OPTIONS 1 Approve as submitted 2 Approve w~th eond~tmns 3 Deny 4 Postpone cons~derat~un 5 Table ~tem ATTACHMENTS 1 Location Map 2 Planmng and Zomng Commission Report, November 8, 2000, Z-00-020 3 Planmng and Zomng Commtss~on minutes from November 8, 2000 4 Draf~ Ordinance Respectfully submitted Dtrector of Planmng and Development Prepared by Developme//it Rewew Manager Attachment 1 ~ NORTH Z-00-020 Ryan Road/Country Club Road LOCATION MAP Scale None ATTACHMENT 2 A0endaNo, 0 A~enda Item ~ !/' ' PLANNING DEVELOPMENT DEPARTMENT MEMORANDUM TO; PLANNING AND ZONING COMMISSION FIg. OM MARCY RATCLIFF, DEVELOPMENT KEVIEW MANAGER SUBJECT' 1lB CONSIDER AND TAKE ACTION REGARDING AN INVOLUNTARY ANNEXATION AND SERVICE PLAN FOIl. APPROXIMATELY 1,:)70 ACKES OF LAND LOCATED IN THlg SO~'I'm~N SECTION OF THE crrY oF DENTON EXTRATERRITORIALJURISDICTION (ETJ),FORTWOTRACTS (A-101 -KYAN ROAD/COUNTRY CLUB ROAD ANNEXATION, MARCY RATCLIFF) 11 C HOLD A PUBLIC HEAPING TO HEAR PUBLIC COMMENTS REGARDING THE PROPOSED ANNEXATION AND pROPOSED ZONING TO THE AGRICULTURAL (A) ZONING DISTRICT REGARDING T~O TRACTS (Z-00-020, I~YAN ROAD/COUNTP, Y CLUB ROAD ZONING, MAKCY P, ATCLIFF), DATE NOVEMBER 8, 2000 Please find attached a copy of the November 7, 2000 Ctty Counol Staff Report rdauve to the involuntary annexauon and service plan for apprommately 1,370 acres of land m the extraterntonal lunschcnon m the general area along lt. yan Road and Country Club Road Staff recommends the Planning and Zoning Comrmss~on open the pubhc hearings for the annexauon and zomg at the same tane to recetve comments and after closing both pubhc hearings make separate mouons on the annexauon and then the zoning Staff has recommended the proposed annexauon property be zoned Agncultural (A) z°nmg &stnct The Agricultural zomng district is the most restncuve d~stnct and wdl serve to preserve the stares quo untd the c~ty rezomng tentauvely scheduled m March 2001 The Agricultural dtsmct zs typmally used for propemes being annexed into the ctty 1,re,tS AGENDA INFORMATION SHEET AGENDA DATE: November 7, 2000 DEPARTMENT: Planmng Department CM/DCM]ACM' Dawd Hill, 349-8314 .SUBJECT - (A-101) (RyanRoad/CountryClubRoadAnnexatton) Conmder and take action regarding an involuntary annexation and service plan for approxunately 1,370 acres of land located m the southwestern section of the C~ty of Denton extratemtonal jurisdiction (ETJ), for the follovnng tracts Tract #1: approximately 1,365 5 acres of land located on the southwestern stde of the City of Denton's extratemtortaI jurtsdtctton east of US Highway 377, south of Regency Court on each stde of Country Club Road, west of Montectto along Ryan Road and mostly north of Brush Creek Road Tract #2: approximately 3 6 acres of land located on the southwestern side of the City of Denton's extraterritonal jurts&ctlon west of Montectto, south of El Paseo and east of Santa Montca a Hold the second of two required pubhc heanngs to hear pubhc comraents regarding the proposed annexation regarding the above referenced tracts, and b Conmdar and take action on amendments to the boundaries of the proposed annexatmn by reducing elurimatmg certmn properties currently mcluded ~n the above referenced tracts from the annexation proceedings, and c Conmder and take actton on amendments to the serwce plan for the proposed annexatton regarding the above referenced tracts BACKGROUND An ~nvoluntary ~.nnexat~on proceeding ~s being conmdered by the C~ty of Denton for approximately 1,370 acres of land located generally south of Ryan Road and east of Country Club Road A map of the area being considered for annexation ~s prowded m Attachment #1 The first of two reqmred pubhc heanngs was held during the October 24th Council meeting Several residents and property owners affected by the proposed annexatmn spoke ~n opposition or subrmtted written protests In response to the comments received, Councd Instructed staff to schedule a neighborhood meeting The meeting wll be held on Thursday, November 9th, at 6:30 PM, at the MeNtor Elementary School, to answer questions,and hsten to comments Pubhc hearings comments and questtons recezved dunng the October 24th Council meeting are prowded m Attachment #4 Responses to the questions are being 5 prepared and wall be promded to Council on November 7th Written comments receaved since the October 24th pubhc heanng are provided an Attachment//5 City Council wall conduct the second of two required pubhe heanngs on November 7th to hear pubhc comments regarding the proposed annexatmn and servace plan As mdacated m Attachment #2, the first reading of tho A-101 annexatmn ordmanee is scheduled for November 28, 2000, and the second reading as scheduled to occur on January 9, 2001 Both readings of the ordinance require super- majority adoptwn (eather 7-0 or 6-1) by Couneal as per City Charter requirements In contrast to the first public heanng, the agenda for the second public heanng has been formatted to allow Council action Once the pubhc heanng has been opened and closed, Council may elect to I Remove specffic properties from the draft annexation ordinance consadered on November 28th (first reading) No properhes may be added by Council without requmng a new annexation process, and 2 Amend the servace plan as recommended by the Legal Department or an response to boundary changes that may have been made Staff has added several servace plan details that were provaded as supplemental information an the October 24tu Couned report As per state law, a servwe plan has been prepared and made available for public mspectwn (Attachment #3) Because the tracts to be annexed are for the most part undeveloped, mamedmte demand for servaces as low There are approximately 60 single-family residences, 10 mobile homes, and 6 non-residential uses developed in the area today, wath an estimated populatmn of 200 resadents Future development of the 1,370-acre annexation area as antlcapated to use only 797 acres of bufldable land, tahng into account 573 acres of Envaronmentally Sensitive Areas (ESA's) The estimated development capamty of the area as 3,000 dwelling units, wath an ultimate populatmn of 8,000 resadents All propemes wathm the annexed tracts wall be entitled to city pohee protectmn, fire protection and preventmn, emergency medical service, solid waste eolleehon, maintenance of roads and streets, library services, code enforcement, building inspections and consumer health serrates, and planning and development servaces upon the effectave date of the annexatmn OPTIONS, The boundanes of the proposed annexation may be reduced, and the servace plan may be amended v~thout dlsruptmn to the annexahon proceedings After Council decades if changes should be made, staff will pre~P~h~e the draft annexataon ordinance for consaderatlon of adoptwn on first reading at the November 28 Council meeting RECOMMENDATION Staff recommends that the second pubhc heanng for A-101 be held as scheduled Pending comments received, Council should first determme if any propertaes are to be wathdrawn from the annexation proceeding, accompamed by a determmataon of the public anterest(s) served by such withdrawal Once the annexahon boundaues have been confirmed, Council should then determine ff servace plan amendments are needed Staff recommends approval of the reformatted servace plan, whmh has been rewsed to add more speeffic informataon 6 Staff continues to recommend annexation of the tracts identified in their entirety, an action that is conslstent with the iDcnton Plan Specific reasons for this recommendation include a The annexation tracts are part of a larger area that is expenencmg intense development pressure The city's comprehensive plan clearly indicates that urbanizing areas of Denton's ETS should, be annexed to protect both existing and new residents and property owners b The southern border of Denton has been fixed through lnterlocal agreements, and the annexation of Country Lakes and Robson Ranch Services have been programmed at significant cost to the city, and will be extended even further south than the proposed annexationltracts Improveraents such as the US 377 water lme, Graveyard Branch wastewater line, Hickory Creek Road expansion, and the US 377 / 1-35W connector through the Vintage Planned Development will enhance property values in the proposed annexation areas, and will make these tracts more attractive to developers c The annexation will allow the City of Denton to provide municipal services to the subject tracts that are already In the process of being extended as far south as Country Lakes and Robson Ranch Utilities extensions have been budgeted and are being implemented Phased extensions of police, fire, and emergency medical services to the southern extreme of the city are being planned and programmed, and will occur in proportion to population growth Programmed and funded capital improvements include 1 US 377 Water Line Extension $2 2 million 2 Cyraveyard Branch Wastewater Line Extension $2 3 rmlhon 3 Fire Station #7 $3 3 million 4 lis 377 / 1-35W Road Connector $1 9 million 5 Hickory Creek Road Expansion (2 to 4 lanes) $2 2 mllhnn (with County) TOTAL $11.9 MILLION Consolidation of the city's southwest service area dunng its rural-to-urban transition will enable the,programming of capital improvements gradually with lower nak of budgetary stress The City of Denton should act responsibly in protecting public health and safety by annexing growing ETI areas before arbanlzatlon occurs d The need itc manage and coordinate development in an orderly manner is a significant city objective that the City of Denton will pursue Without zoning and other land use regulations, subdlwsion plats can be filed and approved with no assurance of quality or adequate services While this may seem to affect only those in the new developments, all property owners in the Viclmty suffer when road capacities become overwhelmed or other services become stressed e The annexation tracts also contain significant acreage designated as Enwronmentally Sensitive Areas, which have unportant water quality and flood control implications The City of Denton intends to~ preserve these areas to act as natural flood channels, rather than allowing filling of floodplains and paying for expensive concrete-hned channels at a later date f The annexations are not financially motivated Annexation of primarily undeveloped land laelds little in the way of revenue when compared to the expansion of the area for which the ? city must provide services Residential properties typically do not cover the full cost of services without support t~om the city's nonresldentml tax base ESTIMATED SCHEDULE OF PROJECT Council Is scheduled to consider adoption of the annexation ordinance on second reading on January 9, 2000 Due to recent amendments to state annexation law, the effective date of the annexation may be set in late January or early February 2001, to allow the U S Department of ~ustme (Del) a 90-day review pened to assess comphance with the Voting Pdghts Act Submittal of proper documentation to the DOJ will not occur until Council decides ~f boundary changes should be made PRIOR ACTION/REVIEW The ~ssue of annexation of this area was first raised as a result of a voluntary annexation petition filed by the Denton Independent School Dlstnct (DISD) on July 18, 2000 to request annexation of an 18 1- acre elementary school site C~ty staffpresented the mfonnation to City Council at the August 8, 2000 work session Councxl discussed development ~nterest in the general wclmty and instructed staff prowde further mformatxon regarding a broader annexation action Dunng the August 22, 2000 work session, staff was instructed to institute ~nvoluntary annexation proceedings encompassing the area currently under conmderatlon because of infrastructure availability and ~mpendmg development pressure Council Work Session August 8, 2000 Council Work Sesmon August 22, 2000 DRC Review August 24, 2000, September 7, 14, 21, 28, 2000 and October 6, 2000 Petition Filing Date September 22, 2000 Public Heanng #1 October 24, 2000 1 LocationMap;(page 5) 2 Annexation Schedule (page 6) 3 Service Plan (pages 7-21) 4 October 24, 2000 Public Hearing - Comments & Questions (pages 22- 27) $ Wntten comments received since October 24, 2000 (28-35) y submitted I~ougla~ S Powell AICP Director of Planning and Development Prepared by iviar~Ratcltff ~ . l/ Development Review Manager 8 Attachment 1 '~ NORTH A-t01 Ryan Road/Country Club Road Annexation Location Map Scale. None 9 Attachment 2 ANNEXATION SCHEDULE OF Ryan Road/Country Club Annexation Area Friday, September 22 Involuntary Annexation Petat~on filed, Annexation Study & Serwce Plans Drafted 30 day not,ce ofmtent to annex to each property owner, each pubhe entaty or private entaty that prowdes servuees m the area and each rmlroad company Fnday, October 6 Annexatwn Servace Plans Completed Thursday, October 5 Notace sent to be pubhshed on Mondav. October 9 on Caty Websate and an Denton Reeurd-Chromele for CC's first pubhc heanng (Noon) Friday, October 13 500' Courtesy Notaee and Posting of s~gns Thursday, October 19 Deadline for receipt of petations for opposition (10 days after notate) Tuesday, October 24 Caty Council Conducts first pubhc heanng Wednesday, October 25 Notaee sent to be publashed on Saturday, October 28 on Caty Websate and an Denton Record-Chromele for PZ's pubhe heanng on annexatmn and zomng and CC's second pubhc heanng on annexataon and zomng (Noon) Tuesday, November 7 Oty Council Conducts second public hearing Wednesday, November8 Planning and Zoning Comnnssmn public hearing - make a recommendation to Caty Council regarding the proposed annexation and the proposed zoning Tuesday, November 28 First reading of annexation ordinance - C~ty Council by a 4/5's vote ~nstatutes annexatton proceadmgs Wednesday, November 29 Annexation ordmance to be pubhshed on Saturday, December 2 on C~ty Websate and an Denton Record-Chromele Tuesday, January 9, 2001 Second reading and adoption of annexation ordinance and zoning ordinance - C~ty Council by a 4/5's vote takes final actaon l0 Attachment 3 City of Denton Annexation Service Plan for A-101 (Ryan Road/Country Club Road) I. AREA ANNEXED The annexation area located in the extra-temtonal jurisdiction of southwest Denton contains approximately 1,370 acres The annexation area is located east of U S Highway 377, south of Regency Court on each side of Country Club Road, west of Monteclto along Ryan Road and mostly north of Brush Creek Road See the attached location map, Exhibit "A" II. INTRODUCTION This service plan has been prepared m accordance with the Texas Local Government Code, Section 43 021, 43 065 and 43 065Co)-(o)(Vemon Supp 2000) Municipal facilities and servmes to the annexed area described above will be provided or made available on behalf of tho city in accordance with the following schedule III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. POLICE~ CODE ENFORCEMENT AND ANIMAL CONTROL SERVICES The entire complement of Police, Code Enforcement and Animal Control sennces will be provided on thc effective date of the annexation The City shall provide a level of sarvices, infrastructure and ~nfrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance avmlable in other parts of the city with topography, land use and population density slmdar to those reasonably contemplated or projected ~n the area The Pohce Department will be able to provide appropriate service to this area immediately upon annexation The [mmedlate xmpast of the annexation will be addressed by the pohce department w~thout addltaonal resources, due to the primarily undeveloped condlhon of the area The Pohce Department already provides service to neighborhoods that directly surround the proposed annexation area As the populatmn grows and more land Is developed, additional staffing will be deployed to maintain a consistent level of service The Denton Pohce Department employs a pohcmg philosophy known as Commumty Oriented Policing Services (C O.P S ), whereto, the nussion is to positively impact the quality of life throughout the community To adneve these ends, the department is committed to forming practical partnerships w~th the citizenry, which includes a mutual goal setting process aimed at resolving problems, reducing fear, preserving the peace and enforcing the law, thereby, providing for a safe enwronment for all cxt~zens The primary goal is to provide a system of dehvenng pohce services to neighborhoods based on three basic elements il ~ Consultation )~ Adaptation ~' Mobthzat~on Implementation of these three elements provides for structunng servme dehvery in a way that relnfomes the strengths of neighborhoods, whereby it involves the commumty in all pohcmg actlvitles that directly impact the quallty of commumty hfe Neighborhood officers are the hnk between citizens and the management of the orgamzatlon and take the mmative to seek and collect information/ideas from average law abiding citizens Through these activit~es, the officers are better informed about what the citizens want m the way of police service in their respective neighborhood and plans are adopted to implement those services This system of service delivery has been nationally recognized via two National League of Cities awards for "InnovativePohceServlcesProgrammmg" Those awards were rece~ved ln 1994and 1997 The Police Department offers a Citizens Police Academy that was launched m the fall of 1992 It is specifically intended to revolve residents in policing through a cumculum designed to acquaint participants with the entire pohce operation, thus providing a clearer understanding of what the police and other associated services in their commumty can do for them Additionally, the department offers a Citizen Youth Academy with much the same focus, except ~t ~s directed toward youth ages 15 to 18 Many oth,r programs are offered, such as, the H E A T (Help End Auto Theft) program, S C AM S (Senior Citizens Agmnst Money Seams) presentations and vanons Cnme Prevention surveys, just to name a few B. FIRE ,6.ND EMERGENCY MEDICAL SERVICES Fire protection and emergency medical services will be provided on the effective date of the annexation using existing Denton Fire Department personnel and equipment Also, a mutual aid agreement w~th the Argyle Volunteer Fire Department currently extsts The Cfly shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land uso and population density s~mflar to those reasonably contemplated or projected m the area Denton Fire Department services ~mmedlately available include · F~re suppression/rescue response = mlmmum staffmg level of 33 firefighters 365 days a year/24 hours per day operating from 6 fire stations = 4 engine compames, 2 quint engine compames, 1 truck company, 4 medic ambulances and I Battalion Chief · Emergency medical services at Advance Life Support (ALS) level = all fire engines have a paramedic and paramedic equipment - The Czty has 4 fully staffed paramedic ambulances with 2 reserve ambulances that can be staffed by an engine company · Voluntary home fire prevention inspections · Swift water rescue team and equipment · Urban search and rescue team and equipment · Heavy rescue team and equipment · Hazardous materialresponse · Fire prevention and education program = clown program and fire safety trailer · Victim support program 12 · CPR/Flrst aid training for citizens · Emergency management program for disaster preparedness Fire Protection ,,nd Prevention 1 Initially, fire protection will be provided by Station #3 at 1204 McCormick and Station #6 at 3232 Teasley Lane Depending on the type of emergency, additional equipment wll be required For example, a structural fire requires 3 engine companies, 1 truck company, a Battalion Chief, an ambulance, and a Fire Marshal for an untaal response 2 The F~re Department's emergency response time to this annexation will exceed the Fire Department's five-year Strategic Plan's goal of a 4-minute response time to City residents 80% of the time Ho~ever, the Denton Fire Department's response to tlus annexation area will still substantially improve the current level of fire protection and emergency medical care 3 The Fire Department Strategic Plan recommends two new fire stations in this area in order to maintain the same level of service provided to other areas of the City of Denton The Fire Department Strategic Plan calls for new fire stations located m the vlcimty of Brash Creek Road and US 377, and in the FM 2449 / 1-35 W area These new fire stations will allow for an acceptable 4-minute response time in 80% of the emergencies The FM 2449 / 1-35W station (#8) is being actively pursued at the present time, and wll be built by the year 2002 Station #9 will be progranuned as condltaons warrant, depending on new development and populataon growth 4 Other areas wlttun existing city boundaries do not meet the 4-minute response tame goal and are sumlar m duration to the expected response tames to this annexation Improving future response times to these areas are also addressed by the Fire Department's Strategic Plan 5 The City of Denton is close to mgmng an automatic md agreement with the City of Fort Worth Fxre Department for brash fire response into this area along with structure firefightmg 6 No sutomatac md agreements with Argyle Volunteer Fire Department currently exist with the City of Denton Through a mutual md agreement, fire protection responses are provided on an as-needed basis, and the shanng of manpower and equipment is coordinated by the on-scene commander of the affected junsthctaon Automatic md wxth any surrounding volunteer fire department would not ael~eve the same level of service as the rest of the City of Denton due to the nature of a volunteer fire department Volante~r fire departments are not sufficiently staffed and ready at a moment's notice as compared to a fully paid fire d~pa~tu~ent as exists in the City of Denton Emergency Medical Services Emergency Medical Services wll be prowded lmmedmtely on the effective date of the annexation using existing Denton F~re Department personnel and equipment The annexation tracts currently do not have dedicated EMS ambulances or personnel that serve the emstmg population 13 C ROADS AND STREETS Maintenance of roads and streets In thc arca to be annexed will be made available on the effective date of the annexation The City shall provide a level of services, infrastructure and mfi-astructure maintenance that is comparable to the level of services, lnfi'astructure and infrastructure maintenance available In other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected m the area Maintenance of Roads and Streets 1 An inventory of existing roads within in the subject area, including lnunediate and long-term maintenance and construction needs, is attached as Exhibit "B' 2 The City of Denton currently maintains 335 miles of road The subject area currently contains 2 7 miles ofpubhc roads that are maintained by the County These roadways would become the City of Denton's rcsponslblhty ~mmedlately upon annexation No new ~mpment or facdltles would be required to serve the area 3 Based on a projected population of 8,000 residents, and assuming there will be additional roads constructed as property develops, it is anticipated that an additional three person street crew and ~wo office personnel will be reqmred ~n order to maintain current levels of service at full development Add~tional equipment for the street crew would include a dump truck, backhoe and rolscellaneous field supphes totaling $300,000 00 These resources would not be needed untd the area becomes roore fully developed D. STREET LIGHTING Street hghtmg w~ll be avmlable on the effective date of the annexation The City shall prowde a level of services, lnf~astrocture and infrastructure roamtenance that is comparable to the level of services, infrastructure and infrastructure maintenance available m other parts of the city v~th topography, land use and population density similar to those reasonably conteroplated or projected in the area E. PARKS AND RECREATION SERVICES If any city park and recreation facfl~ties are located witlnn the annexed area, the roamtenance w~ll beg~n on the effective date of the annexation The C~ty shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and mfi'astructure maintenance available in other parts of the city with topography, land use and population densxty slmdar to those reasonably conteroplated or projected ~n the area No parks are currently located wltlun the proposed annexation area The closest Denton neighborhood park properties are the undeveloped Cross Tnnbers Park and Bent Creek Park, which are adjacent to the annexation area Southlakes Park, located at Hobson at Santa Momca (approximately 1 2 m~les away) and Dema Park, located at 1001 Parvln (approxh-nately 1 rode away) are community parks located within reasonably close distance of the annexation tracts Current residents wall be able to use existang City of Denton parks, facflatles and programs Parks and Recreation Facilities The current 2000 Parks and Recreation Mas~ter Plan indicates a need for a commumty park in this general area Population projections indicate a buald-out populataon of 8,000 people living in 3,000 housing umts Based on service standards set m the Park and Recreation Master Plan, an estimated 20 acres of new parkland will be needed for neighborhood parks Since the Parks and Recreation Master Plan indicates a need for a Commumty Park, a minimum of 30 acres will be necessary for such a faeahty Neaghborhood parks are currently supported by the Park Dedication Ordinance, wlueh requires development exactaons for land and improvements Taxpayers share the costs of community parks on a eitywlde basis, typically through capital improvements programming F. LIBRARY SERVICES Library services will be made avaalable on the effectave date of the annexation on the same basis and at the same level as similar facahtaes are maintained throughout the city The closest library facility to the annexation tracts is the South Branch Library, located on FM 2181, near the intersection of FM 2181 and Wind Raver Drive G. BUILDING INSPECTIONS AND CONSUbIER HEALTH SERVICES Building inspections and consumer health serrates ~vfll be made avmlable on the effective date of the annexation on the same basas and at the same level as simalar faeahtaes are maantamed throughout the city Both servlees are provided on a "cost recovery" basis, and permit fees are used to offset the costs of services delivered H. PLANNING AND DEVELOPMENT SERV'ICES Plamung and Development Department services will be provaded will be made available on the effective date of the annexation on the same basis and at the same level as similar facflltles are maintained ,throughout the city The Planning and Development Department currently provides services to the annexation tracts by way of ad~m]strataon of Chapter 34 of the Code of Ordinances, Subdiwslnn and Land Development Regulations City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999 The Future Land Use Plan addresses both land m the city and its ET~, and the subject tracts contaan a Commumty Mixed Use Center, Neaghborhood Centers, Exastlng Neighborhoods / Infill Compat~fllty Areas, and 100 Year Floodplain / Environmentally Sensative Areas The Denton Plan desagnates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available Infrastructure, and by preser~ung floodplains as environmental and open space corridors The Denton Plan wall be used as a basis for final zoning classaficataons after the properties are annexed IV. UTILITY (RATEPAYER) SERVICES A. SOLID WASTE SERVICES The City of Denton Solid Waste Department is the exclusive residential and commercial sohd waste service provider in the C~ty The Department is an entirely fee based operation and receives no resources from taxes The current residential solid waste rate is $16 per month for twice per week p~ck-up Commercial rates vary depending upon the scope of servwe provided Solid waste collection service will be provided to the property on the effective date of the annexation The City of Denton Sohd Waste Department will honor existing contracts with private solid waste serwce providers for two years after the effective date of tlus annexation ~n accordance with Texas Local Government Code, Section 43 056(o) (Vernon Supp 2000) To receive solid waste collection service the customer must contact a City of Denton Customer Service Office and submit a request / application for service Sotid W~ste Collection Existing development in the area can be adequately served with resources provided m the fiscal year 2001 budget with no appreciable impact upon those resources Future impact will be determined by the rate of growth For automated resldenhal systems an additional residential route is needed for every 800-1000 dwellings The city proposes to serve tlns area with automated residential collection using roll-out carts when such a route is extended Into the annexation area B. WATER AND WASTEWATER SERVICES Maintenance of ex~stmg City of Denton water and wastewater facilities ~n the area to be annexed that are not within the serace area of another water or wastewater utility will be continued to be malnta~ned immediately on the effective date of the annexation The majority of the area to be annexed is provided water by either a pnvate water well or the Argyle Water Supply Corporation, and a private wastewater system The City shall prowde a level of services, ~nfrastructure and infrastructure maintenance that ~s comparable to the level of services, infrastructure and infrastructure mmntenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected ~n, the area Maintenance of Water and Wastewater Facilities The city's Water Master Plan includes a 20-inch water main along US Highway 377 The proposed annexation areas can and most likely will be served by tapping into this 20-Inch line The Master Plan also includes a 12-inch water line along Country Club Road and Hickory Creek Road The impact of annexation and development of the subject tract can be accommodated by the US Highway 377 Water Line The C~ty of Denton will be the retail provider of water utility service for all future developments ~n the area since they will be annexed into the C~ty lnnits and lie witban Denton's CCN for water utility serwce No additional equipment will be needed for water to serve the annexation area 16 The,Wastewater D~stnbutxon System Master Plan sho~vs the Roark Branch Sewer Line that v~ll Itle rote the ex~stmg I-hckory Creek Interceptor (See Exlub~t "C') The only ex~stmg CRy of Denton utthty line that lies within the proposed annexahon area is the I-hckory Creek Inte~ceptor sewer line The tmpast of annexation and development ofthe subject tract can be accommodated by the programmed Graveyard Branch Interceptor that wll be installed m the southem pomon of the annexation tract, and the I-hckory Creek Interceptor The City of Denton will be the reta~l prewder ofwastewater utthty service for all future developments m the area smce they wtll be annexed mto the City hrmts and he w~thm Denton's CCN for wastewater utility serwce No additional eqtupment w~ll be needed for wastewater to serve the annexation area C. DRAINAGE SERVICES Drainage mmntenance will be provided on the effective date of the annexahon The C~ty shall provide a level of services, infrastructure and mfrastrocture maintenance that is comparable to the level of services, infrastructure and infrastructure mamtanance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area I Annexation of this area includes subd~vlsions that may be poorly drained Some areas could be substandard and suscephble to flooding Major channel or storm dram systems may bo reqmred Correction of these problems will require expenditure of City funds In addition, easements may not ex~st to perform mmntenance of existing channels or storm drams 2 Provision of drainage services is currently funded by water and wastewater ratepayers As development occurs, and sewer or water service is extended to these areas, funding will become available to prowde drainage mamtanance 3 Easements may not ex~st to perform maintenance of channels or storm drmns m existing developments, and will have to be secured before the city will consider providing services in these areas 4 Tlus area contmns creeks that do not have a detaded flood study The Master Drainage Plan Update will mclude these properties, if annexed, as part of a detailed flood study 5 Areas currently experiencing moderate to severe erosion may require eventual repair 6 Now subdivisions would be subJect to the City's Drainage Criteria, subdivision regulations, and interim rcgulattons Areas along Ryan Road and Country Club Road contmn properties in the 100-year floodplain Apprommately 475 acres lie w~tinn the 100-year floodplain In addxtion, this area contmns designated Bnwronmentally Sensitive Areas The maJority of thc floodplain has a contributing drmnage area of greater that one square mile The proposed development code will essentially prolnblt any disturbance of the floodplaln and environmentally sensitive areas in these areas, _ allOWing limited density transfers Structures, parking lots, fill, excavation, land 17 disturbance, fences, decks, pools, and other aboveground manmade structures will be prohibited m the floodplain D. ELECTRIC SERVICES Denton Mumi~ipal Electric is certified by the state and is obligated to provide electric utility service to the entire annexation area should a request be made by a property owner Other electric service providers are also certified to provide electric utility service within the annexation tracts, and customers may elect to choose the electric company they prefer Electric utility service wall be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city Electric service to properties within the annexation tracts will be able to continue without disruption for any customer currently reeervmg such service Denton Municipal Electric has existing facilities in the Ryan / Country Club Annexation Area The 138 kV t~ansmisslon line crosses the annexation area D~stnbutlon faelhties are on US 377, Ryan Road, Country Club Road, and Hickory Creek Road Denton Mumqlpal Electric plans to build two substations one on US 377 and the other at Teasley Lane and Hickory Creek Road V. OTHER SERVICES Other sennces that may be provided by the city such as ammal control, municipal and general adrmmstration will be made available on the effective date of the annexation The City shall provide a level of services, iinfrastructure and infrastructure maintenance that is comparable to the level of serwces, mfrastrugture and lnfi:astructure maintenance available in other parts of the city with topography, land t~se and population density similar to those reasonably contemplated or projected m the area VI. CAPITAL IMPROVEMENTS PROGRAM (CIP) Construction of addlt~onal water, sewer, street and drainage facilities will begin wltlun two and a half (2 ½) years unles~ certain services can not be reasonably provided witlun that period If certain semees cannot bei reasonably provided, the city will provide those services wattun 4 and a half (4 ½) years after the effective date of the annexation Construction will be completed within four and one- half (4 ½) years aider the effective date of the annexation unless the construction process is interrupted by c~rcumstanees beyond the control of the city. Construction of other capital improvements shall be considered by the City in the future as the needs dictate on the same basis as such capital unprovernnnts are considered throughout the city VII. UNIFORM LE .VEL OF SER.VI. CES MAY NOT BE REOUIRED Nothing in tins plan shall require the city to provide a uniform level of full mumcipal services to each area of the city, m~ludmg the annexed area, if different characteristics of topography, land use, and population densityl are considered a sufficient basis for prowdmg different levels of serwce 18' VIII. TERM Tlus service plan shall be vahd for a term often (10) years Renewal of the servme plan shall be at the discretion of City Council IX. AMENDMENTS The service plan may be amended if the City Council determines at a pubh¢ hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete The City Council may amend the service plan to conform to the changed cond~tmns or subsequent occurrences pursuant to Texas Local Government Code, Section 43 056 (Vernon Supp 2000) X. EXHIBITS Exhibit A Annexatmn Tracts Location Map Exhtblt B Roadway Inventory Exhibit C Water & Wastewater Fac~htles 19 EXHIBIT A 20. ! "-- ' ;"'~% ,', LOCATION MAP - ';' .', ,. '~, ~t'..i,; -~ ?,\., ~ Ryan Area Tract 2 ' , ~ , . ' '1 ~ ~o~¢~ 21 EXHIBIT B Ryan Road / CoUntry Club Road Annexation Area ~ffected St r,~,ts . 22. 23, EXHIBIT C Legend Developments ~.~.,.o~-, ~;~ Burch Tract ~w=~. ~ Ryen Tract j [~ The Hills of Argyle ~ The Vintage ~ Weatherford Tract Annexation Areas ~ 377 & 35 ~ Ryan & 1830 ~ Priority =.====:== Proposed Line O 05 1 , Miles WATER ANNEXATION AREAS - SER Legend ;)evelopments Burch Tract Ryan Tract The Hills of Argyle The Vintage Weatherford Tract ~.nnexatlon Areas 377 & 35 ,~, Ryan & 1830 Priority ~ Proposed Line o5 1 ~ Miles SEWER Attachment 4 COMMENTS AND QUESTIONS From the OCTOBER 24, 2000 A-101 & A-102 PUBLIC HEARING [Note Ct~y Plannmg staff has prepared the followzng comments and questtons ustng meeting notes and vtdeotape review If the comments, questtons, or speakers 'names have been represented incorrectly, or tf omtsstons have occurred, we apologtze and ask that we be tnformed of the overstght so that corrections can be made J COMMENTS QUESTIONS FROM A-101. RYAN [ COUNTRY CLUB AREA 1 Are the assessed amounts thc market value or the assessed value? Shown on page 39 2 In the recent past, Robson and Huffines agreements were made to pay for overs~zmg of the US 377 hne extension, and was a capital project funded through the Ut~hty Department as part of a negotiated settlement What other projects are expected to take place ~n the next 5 years m wluch there ~s overs~zmg money for the extensions? 3 Dlstnbutxon lines should come off the major transmxss~on hnas, and the c~ty should pay for the overslzmg 4 For ESA's, what are the restrictions and who has oversxght raspons~blht~as? W~thm the ETJ, D~ws~on 1, does development have to meet m~mmum reqmrements of FEMA, such as stay out of floodway, or fill 1 foot above flood levels9 5 A Sanders Road neighborhood written protest was submxtted In oppos~txon to the annexation 6 Services typxcally expected with annexation include water, sewer, and garbage service Currently, most residents m tho area have water and great septic systems, they do not want to pay taxes for no additional services 7 Mr. Butch has a lot of property m the flood plato, very httle ~n the way ofserwces prowded, and ~t's not worth the c~ty's effort to tax the property He ~s st~ll actively farming the property The c~ty has refused to extend water to his property 8 Mr Tommy Calvert, 5299 Settlers Creek Road, owns 140 acres that have been used by 4 generations for agriculture production A port~on ~s m the flood plato that ~s undevelopable, and is only good for farming 9 W~th the depressed agricultural prices today it ~s Impossible to pay the county taxes tf annexed rote the ¢~ty ~t would be near Impossible to pay for city and county taxes by way of crops, hay or hvestock 26. 10 Developments on the north (Thistle Hill) and east (Ryan Ranch) have created problems of floodmg, trash, development workers trespassing on private property, and the city not being able to keep up with the development 11 The environmental impact of the development has created standing water on some properties, and erosion control is not working on bridges and roadways Trees are being removed from property being developed, which will unpact the environment and the watershed 12 City taxes will create a burden on some families because they are on a fixed income Crops raised are used to feed the hvestock The annexation will force them to sell the property instead of passing it on to heirs The city should encourage armexatlons to occur voluntarily rather than involuntarily 13 Dot Thompson, 175 Ryan Road, was concerned wlth traffic in the Ryan Road area The city needs to take care of the traffic that is already In the city limits Is City Council was aware of traffic problems at Country Club Road and US 377? A tax bill is all the property owners will receive 1',1o existing water or sewer service lines are located along Ryan Road The annexation will amount to discrimination if you are not treating the property owners in the annexation area like other residents of Denton What you are offenng the citizens of the area? The city is prejudiced because it wants to annex the property without providing any services The city is not offering her anything she does not already have What is the city olTenng in exchange for taxes? 14 What is the tune element for providing ser,aces? What is meant by difficulties in providing services? The Mayor elaborated on what city taxes pay for Water and sewer service are not provided by taxes 15 Is there a mechanism for paying taxes later? 16 Fred Srmth, owner of the Denton Roundup Club on Ryan Road, indicated that taxes would take money away from the kids 17 David Wltherspoon, 410 Hamilton Road, said that annexation will.lust raise the taxes with no services Ryan Road is dangerous because of the lulls The city needs to fix its own streets before talong on any other streets COMMENTS / OUESTIONS FROM A-102. US 377 / 1-35W AREA I If the City Council accepts the protest petitions, what does it mean? Staffmdlcated that the petition was accepted to hear citizen input The petmon as submitted was not legally sufficient to require a public heanng m the annexed area as per state law 2 Legal Staffrecommended changas to the servlce plan Recommendedrevlslonsmcluded, "Renewal ofthe service plan shallbe at the dlscretlon of C~ty Council Ifthe City Council deterrmnes the service plan needs to be amended, it may be changed through the public hearing process Ifit Is detenmned at a public heanng that conditions have changed or subsequent occurs make the service plan unworkable or obsolete to may amend the service plan to conform to the changed condlhons" 27. 3 Councd asked if it was appropriate at the current t~me to amend the service plan? The service plan was amended as per Legal Department recommendation, approved, 7-0 4 City Attomey Herb Prouty noted that the amendments to the sermce plan could not be made, because there was not proper notification The vote taken was considered ineffective Staff' was directed to place proper language on the November 7th agenda to allow the amendments $ Staff thought that the protesters wanted the merits of the petitions to communicate their desire not to be annexed They did not seem to be strongly interested m the location of the next pubhc heanng 5 Staffmdlcated that the separation of the annexation areas was due to dlffenng growth pressures A-101 gro~vth pressure Is from Teasley Road and Ryan Rlementary School The A- 102 area growth pressure stems from the major roadway connector from I~35W to US 377, new water and sewer line extensions, and the potential for plat submittal for residential development Staffmdlcated that property owners are weighing their options given the availability of services and are also aware of vested rights issues 7 When is the US 377 / 1-35W roadway connector planned? There is currently $1 9 million m the current CIP Staffrephed that ~t was understood that is Mr lowell is negohatmg with the Burch Family to buy property to complete the connection 8 PMlhp Henderson, at Bo~n~e Brae and Hickory Creek, asked several questions Council asked ~ him to give Ins phone number to staff so they could contact him to answer lus questions He had questions about the effect zoning will have on existing sales of sand and gravel, and the potential for future oil and gas exploration and wells 9 The status of the closing of Bonme Brae was questioned 10 Are uses established pnor to annexation grandfathered~ 11 What does the new code provide for ell and gas wells~ 12 Becky Koonce, 4355 Bonme Brae, is sewed by water, and has a septic system The county does not mmntmn Bonm¢ Brae very well, and the small section maintained by the city has not been maintained all year long She sees no benefits from the annexation Are fire hydrants installed? 13 Mary McWhorter said that the residents of Happy Acres are 100% agmnst the annexation I s the city going to request some kind of agreement with the Argyle Fire Department7 They are voting members of the Argyle Water Supply Corporation. Is the Denton Coantry Club in the city bruits? How much of the property m Happy Acres is undeveloped? Will the Argyle Fire Department still serwce the area7 Will the addresses change? 14 Vlcky Watson, 2452 Hamilton Road, asked' What are the CIP projects related wth th~s annexation7 Will the lines be extended to them? Is involuntary annexation the only option~ Bxplmn the. dxfferences between voluntary and involuntary annexation Is there a remedy for Happy Acres area? Will Bonme Brae be closed? Wilt Bonme Brae be repaved? When will 28 US 377 be widened? Liberty Christian School did not get the proper zoning and the traffic and access were not taken into account when it was developed Council explained the circumstances of the project, including the opemng of the school without the city's knowledge 15 BFI solid waste collection is provided to current residents How is this affected? Staff indicated thgt private service may continue for 2 years Denton Municipal Solid Waste will then provideservices Such servlces may be provided sooner if desired by the property owner 16 David Saxe~ 8023 South Bonnie Brae, was present last year at the city-initiated annexation Tract I is pt~rely agricultural The City will provide a tax bill with no services The fire protectlon proposed to be provided will be inadequate, because of the distance Bonnie Brae will be closed He spoke about the major connector between 1-35W and US 377 - if it were to cross the railroad tracks, two other crossings would be required to close Which crossings are proposed tolbe closed? He suggested that voluntary annexation be the way to go 17 Patncia Brown, 4300 Johnson Lane, felt that elosmg Bonnie Brae, a major north-south thoroughfare, should not occur She felt that she should not have to be back before City Council again within one year after talking about the annexation so recently 18 Betty Farmer, 9475 Hilltop Road, indicated that traffic on US 377 is bad Access to Denton is through US 377 and Teasley Widening will not be effective due to new subdivisions constructlor~ Majority of the area is In the flood plmn, why is the clty consldenng annexation when there ls such a large area of floodmg? Council members responded that the city is interested in watershed management, storm drmnage, and water quality for protection of the entire city, and that development is creating the environmental problems 19 Lonny McGee, 1200 Brush Creek Road, asked if there are there other areas proposed for armexatlon this year, and inquired if the maximum annexation area allowed in one year would be exceeded. She also felt that Denton cannot provide satisfactory police and fire service Privileges they have now include open fires, discharge of firearms, fireworks, and they can build any kind ofbmldmg w~thout any permits or inspections that cause delays and disruptions How much money is the city getting out of this annexation? He wanted acknowledgement of receipt when he sends e-rural to City Council He felt that road improvements for curb and gutter will be assessed and each adjacent property owner will receive a bill for the improvements. 20 Paehard Sm~tzer, 7053 South Bop_me Brae, said the annexation is taxation without representation No services will be gained w~th this annexation No one on City Council represents h~m now The service plan can be speeded up or slowed down When would services be l~rovided, and are any guarantees that services will be provided? What happens if the service plan conditions are not met? Legal stafflndieated the state law allows property owners to challenge the lack of serwees with in the first two years using a writ of mandamus The City could agree to dlsannex or agree to a revised schedule for provision of sarvaees Who pays for the attorney fees? Staffmdleated that if they are dlsannexed then there is a procedure refund taxes!paid, it is recumbent up.on the property owners to come in within 2 years with a wnt of mandamus There ~s a provision that provides that attorneys' fees be pa~d The court can reqmre the city to provide reasonable services wlthln a certain timeframe or be assessed elvfl fmcs 29. 21 Mont Wilkes, 141 SpnngfieldLane, said that the servlee plan has no specific details,.lust ambiguous statements What Is the time frame~ Are the services available m 2½ years, or does construction have to start for the services m 2½ years Why does the city not have an annexation plan? Should there be some negotiation with the land ownersV What are the exceptlons~ When does It apply or not apply? He cannot wait 4½ years to get water service on Bonnie Brae Denton does not have the best representation Bonnie Brae will be closed It should not be closed The city's Subdivision Ordinance controls ETJ development, so why Is annexatmn neeassary? Restrict the area somewhat Servmes should be provided before It is annexed Legal staffresponded that annexation plans were reqmred to be filed by December 31, 1999 There is a grace period for such annexatmn plans The exception states areas with fewer than 100 separate tracts of land on whmh one or more residential dwellings are located on each tract are the type of actlons that require an annexation plan once the grace periods ends However, the eitias have until December 31, 2003 for that provision to kick in Tins partmular type of annexation is exempt from the annexation plan requirements because the number of residences is less than 100 even though there are over 100 tracts 22 Kevln Wade, 6979 South Bonme Brae, was concerned about fire protection and prevention A mutual aid agreement is proposed with the Argyle Fire Department He beheves the fire department cannot provide sen, aces to turn as well as his current service from the Argyle Volnnteer Fire Department Bonnie Brae will definitely be closed at US 377 Closing of the northern section of Bonme Brae Is proposed If closed prior to completion of other thoroughfares, a safety hazard will be created because of the traffic problems on US 377 He requested that Bonnie Brae not be closed until other access if fully provided Five years ago, at a City Council meeting regarding development of his property, with developer Everett Frasler, City Planner Owen Yost led City Council to block the provision of water 23 Shefla Luster, 4377 South Bonme Brae, smd that annexation should be for the mutual benefit for both parties Will agricultural exemptions stay in effect* Evaluate the pros and cons Why pay taxes with no additional services? Water tap fees and pavement of Bonme Brae was not accomplished because the developer and city planner could not get along and the improvements were not made There is no intention of putting in fire hydrants before 2004 24 David Yoder, 940 Brash Creek Road, asked what as the tax rate? The response was 52¢ per $100 valuation What is tax money going to be used for? How is annexation going to improve my quality ofhfe? Is the road going to get better? Am I going to get sewer? What will I get from paying city taxes? What will the posted speed limit on Brush Creek be? When will Brush Creek Road and its bridge be maproved? Will the police give speeding tmkets to speeders? 25 Bill LeWlS, 900 Brush Creek Road, was unconvinced that annexation will provide any benefits The mty does not need the money from small residential areas 26 Mike Barber, 313 Allred Road, was present last year at the proposed annexation and is still opposed What is the density of Country Lakes North? There is no plan on how the services will really be provided in the area 27. M C Butch, 7034 Country Club Road, smd the proposed water hne is 4200 feet long What the distance required between fire hydrants? He feels he is a victim of progress, not a wh-mer 30. 28 Charles HSckett, Country Club Road, observed that a common t.hread ~s that no property owner is m favor~ofannexation One of the reasons for annexahon ~s for control of the land dunng development Bent Creek Estates was not bmlt to the desired standards ofC~ty Counc~l Bent Creek was in the c~ty hmits under C~ty Council control The control was not taken by C~ty Council, and ~ts authority was not used to control the development 29 Gene Pnc~, as a c~t~zen of Denton, requested C~ty Council to not annex these propomes 30 Gary Davis, 970 Brush Creek, felt that C~ty Counc~l is asPang for money for th~ngs he already has How will ~t affect h~s uhhty b~ll? Will the annexation affect the water rates? 31 Tom Holamon, 3246 South Bonme Brae, asked how can the c~ty of Denton control the floodplmn that he already controls? What can the city do w~th the tax money to protect the floodplmn? It can't be developed C~ty Council assured the property owners 10 years ago and the Vintage development that there was no ~ntent to annex h~s area to serve other developments You are doing what you smd you were not going to do 32 Terry Houston, 4524 South Bonme Brae, asked ~fthere ~s any possibility to sway C~ty Council to vote no? What are the conditions to vohng no to all the properhes? What ~s needed for a no vote? You should receive something for what you get Staff responded that a super majority ~s needed to approve an annexahon. Two votes agmnst the annexahon would deny the annexation 31 NOTICE OF PUBLIC HEARIN A-101 (Ryan Road/Country Club Road ,Annexation) The City Council of the C~ty of Denton wdl hold the second of two public hearings on Tuesday, November 7, 2000, to consider annexing approximately 1,370 acres into to the corporate c~ty hm~ts of the City of Denton, Texas The property ~s located ~n southwest Denton, generally east of US H~ghway 377, along Ryan Road and Country Club Road as shown shaded m the enclosed map Enclosed for your informabon Is the annexabon and zone change request schedule, which notes all the required meebngs The Planning and Zoning Commission w/Il hold separate public heanngs, on the same properties, on Wednesday, November 8, 2000 to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property to an Agricultural (A) zoning district The pubhc hearings wdl start at 6 p m ~n the C~ty Councd Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property w~thin the proposed annexation area or within two hundred (200) feet of the subject property, the City Council would like to hear how you fee/ about this annexation and zoninq change request and invites you to attend the pub/lc heanngs Pubhc hearings are designed to prowde opportumtles for c~t~zen ~nvolvement and comment In order for your opimon to be taken into account, please return the enclosed form w~th your comments pnor to the date of the pubhc hearing (This in no way p/oh/b/ts you from attending and parbc/pat/ng in the public heanng ) You may fax ~t to the number located at the bottom, mad ~t to the address below, or drop it off in-person Planning and Development Department 221 N Elm ST Denton, Texas 76201 Attn. Marcy Ratcllff, Development Review Manager Please circle one or of r~ Neutral to request Opposed to request Comments Ik/I Nov 0 7 2000 illll PLANNING & DEVELOPMENT Telephone Number ~O - ~5'~ '- Phys~l Address of Properly w,thln 200 feet ~ ~ 5 ~ ~ ~ ~, CITY OF DENTON, TEXAS CITYHALLWE~T · nFNTON, TEXAS 76201 · ~)40 349 8350 · (F)9403497707 ~ 32. NOTICE OF PUBLIC HEARING A='! 01 (Ryan Road/Country Club Road Annexation) The City Council of the City of Denton will hold the second of two public hearings on Tuesday, November 7, 2000, to consider annexing approximately 1,370 acres ~nto to the corporate c~ty hm~ts of the C~ty of Denton, Texas The property Is located ~n southwest Denton, generally east of US H~ghway 377, along Ryan Road and Country Club Road as shown shaded ~n the enclosed map Enclosed for your Informabon ls the annexabon and zone change request schedule, which notes all the required meetings The Planmng and Zoning Comm~ssion w/Il hold separate public heanngs, on the same properties, on Wednesday, November 8, 2000 to consider making a recommendabon to C~ty Council regarding the proposed annexation and zomng the unzoned property to an Agricultural (A) zoning d~strict The pubhc hearings w~ll start at 6 p m ~n the C~ty Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w/th/n the proposed annexation area or w~thln two hundred (200) feet of the subject property, the C~ty Council would tike to hear how you feel about this annexation and zoning chance reouest and ~nwtes you to attend the pubflc heanngs Pubhc heanngs are designed to provide opportunities for c~bzen involvement and comment In order for your opinion to be taken into account, please return the enclosed form with your comments prior to the date of the pubhc hearing (This ~n no way prohibits you from attending and participating ~n the public heanng ) You may fax ~t to the number located at the bottom, ma~l It to the address below, or drop it off in-person Planning and221DevelopmentN Elm ST Departme Denton, Texas 76201 Attn Marcy Ratcllff, Development Revlev~ f - uCT 3 0 Please circle one Neutral to request Comments Printed Name Malhng Address: '~,-ID ~.,~,/KL.. -d'A-~' O.T, City, State Z~p 'O~'-C~._ ?~,'~'ID Telephone Number {~'~0~ ~'7-'(-,~/-r Physical Address of Property within 200 feet 7.-IO (:~--~'A'D ~ ~ CITY OP DENTON, TEXAS C~TY HALL WEP .... 'TON, TEXAS 76201 · 940 349 8350 · (F) 940 349 7707 33. NOTICE OF PUBLIC HEARIN6 A='101 (Ryan Road/Country Club Road Annexat,on) The City Council of the C~ty of Denton wdl hold the second of two public hearings on Tuesday, November 7, 2000, to consider annexing approximately 1,370 acres into to the corporate c~ty limits of the Cfly of Denton, Texas The property ~s located m southwest Denton, generally east of US Highway 377, along Ryan Road and Country Club Road as shown shaded in the enclosed map Enclosed for your reformation is the annexation and zone change request schedule, which notes all the required meetings The Planning and Zoning Commiss~on wtll hold separate public heanngs, on the same properties, on Wednesday, November 8, 2000 to consider making a recommendation to C~ty Council regarding the proposed annexation and zoning the unzoned property to an Agricultural (A) zoning district The pubhc heanngs will start at 6 p m ~n the C~ty Councd Chambers of Cfly Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w/thtn the proposed annexatton area or w/thm two hundred (200) feet of the subject property, the C~ty Council would like to hear how you feel about this annexation and zoning chanqe reouest and mwtes you to aRend the pubhc heanngs Pubhc heanngs are designed to prewde opportunities for cfl~zen involvement and comment In order for your op~n~on to be taken into account, please return the enclosed form wflh your comments pnor to the date of the public hearing (Thts m no way proh/bffs you from a~endtng and participating m the public heanng ) You may fax ~t to the number located at the bottom, mad it to the address below, or drop ~t off In-person Planning and Development Department 221 N Elm ST Denton, Texas 76201 Attn Marcy Ratcllff, Development Review Manager ~:====~,~-~ Please circle one c~ ~"Tn favor of req~_......,.~ Neutral to request (,~po _~.~.~ ~ C o m m en't"~-~ ~ ~'--'-'--~,~ - MalhngAddress q~,q -$~l-~e,,~.~..0,~. ~! ,.I~L~/ C~ty, State Zip _no~r, 'r',t' 7~,~/0 PLANNING & DEVELOPMENT Telephone Number t~qO) Physical Address of Property within 200 feet ClTY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 34, NOT]:¢E OF PUBL]:¢ HEAR]:N A=101 (Ryan Road/Country Club Road Annexation) The City Council of the City of Denton will hold the second of two public hearings on Tuesday, November 7, 2000, to consider annexing approximately '1,370 acres Into to the corporate c~ty limits of the City of Denton, Texas The property is located In southwest Denton, generally east of US Highway 377, along Ryan Road and Country Club Road as shown shaded ~n the enclosed map Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings The Planning and Zoning Commission w/ii hold separate public heanngs, on the same properties, on Wednesday, November 8, 2000 to consider making a recommendation to C~ty Council regarding the proposed annexation and zoning the unzoned property to an Agricultural (A) zoning district The public hearings will start at 6 p m in the City Council Chambers of City Hall located at 215 E McKinney Street,l Denton, Texas Because you own property within the proposed annexation area or within two hundred (200) feet of the subject property, the Clty Council would like to hear how you feel about th~s a_nnexaflon and zonin.q chanqe reque~! and ~nwtes you to attend the public heanngs Public hearings are designed to provide opportunities for clt zen involvement and comment In order for you~ opinion to be taken into account, p ease return the enclosed form w~th your comments prior to the date of the public hearing (This in no way prohibits you from attending and Partlc~paflng m the pub/lc You heanng ) may fax It to the number located at the bottom, ma~l ~t to ~off in-person Planning and Development Departmer~.~J~--~L..~l~ 22'1 N. Elm ST Denton, Texas 76201 Attn' Marcy Ratcllff' Devel°pment Review ~,,~ ~/~ ~ ~ i Please circle one [~'~w~lvL~ ~ DEVELOPMENT Comments In favor of request ~al to re~_~ Opposed to request Signature ~ Printed Name ~ Mailing Address ~j City, State Zip Telephone Number ~,-,~ 6//. ~. ~ ,p 7 Physical Address of Property within 200 feet ClTY OF DENTON, ITEXA$ ClTYHALLWEST, DENTON, TEXAS 76201 , 9403498350 . (F)9403497707 1m/07/2000 11 JJ 9724234606 PEERLESS GROUP PA~ 'NO CE OF PUBIC HEARING k-101 (Rya Roa Count Club Road Annexation} November ?, 2~. to ~nslde~ e ~n~ng ~p~o~ly ~ 370 a~ m~ ~ the ~ the CW of De~ton Te~ The ~ 3;e~ ;; ~te~ m so~hwest Den=n ~nerally e~; of U9 HIghwa7 377. al~g Ryan R~ and Coun y ~Ub Ro~d as shown sh~ in Lhe e~¢~ed m;p En~o~ed for your Inter'at;on is the annexa~¢ end ~ne ~ange request s~le, ~;ch no~s ~11 ~e r~uired meetings = T~e Plan~lnE end ~¢ ~in9 Camm~ ~1/ h~ se~;e ~bl¢ heaHngs, on prope~e& on W~ly, N=~ ~ber ~, 2~00 to consider ~n9 a re~m~endaflon ~ C~ty ~u~l r~mg ~ ~et enn~tIQn an~ zoning ~e unz~ p~e~ to an Ag~ltuzel (~ zeni~ ~ls~ct ~e public heanngs ~ll sla~ at ~ p m ~n the C~iy Counml Chambers ~ CI~ Hall lo.ted at 215 MoKInney ~treet Denon, Te~e Bemuse you own p~e~ w~n ~e proAosed en~zat~ area w~ ~o hun~ (2~) ~ of t ~ sobje~ properly, the Cfly C~ w~;d bke to hear ~w y~ feel abo~ ~a en~xell~fl eed ~ ~en~ ~Ye~{ end invites you to ~e~ the pub~ hearings PUblic Opinl~ tO ~ tak~ ~nto a~unt, i,l~e ~tu~ the enclosed fo~m ~ y~ ~mmenm O~or to the date of the pueblo hearing (This m o way pr~lO~s ~u ~m affen~ and ~elpet~g m the public hea~g ) YO~ ma~ f~ K to the nu ~ber lo.ted et ~e bott~ mad ~t to ~ ad,mss below or drop ~ton, Texas 7S201 ~ / [ -~ ARn, Mi[cy~iff. Deveb~eMRevbv ~l~ag~.. _ , Fleaee ~lrcle oae; ~ In favor of mquest Ne~E~ to mque~t Comment~. NOTTCE OF PUBL'r¢ HEAR'tN6 A='101 (Ryan Road/Country Club Road Annexahon) The City Council of the C~ty of Denton will hold the second of two public hearings on Tuesday, November 7, 2000, to consider annexing approximately 1,370 acres ~nto to the corporate c~ty limits of the City of Denton, Texas The property is located in southwest Denton, generally east of US Highway 377, along Ryan Road and Country Club Road as shown shaded In the enclosed map Enclosed for your Information is the annexation and zone change request schedule, which notes all the required meetings The Planning and Zoning Commission will hold separate pub/lc hearings, on the same properties, on Wednesday, November 8, 2000 to consider making a recommendation to Ctty Council regarding the proposed annexation and zoning the unzoned property to an Agricultural (A) zoning district The pubhc hearings will start at 6 p m m the C~ty Councd Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property within the proposed annexation area or within two hundred (200) feet of the subject property, the City Council would like to hear how you feel about this annexabon and zoninq chan.qe request and invites you to attend the public hearings Pubhc hearings are designed to provide opportunities for cibzen ~nvolvement and comment In order for your opinion to be taken ~nto account, please return the enclosed form w~th your comments prior to the date of the pubhc hearing (This m no way prohibits you from attending and participating m the public heanng ) You may fax it to the number located at the bottom, mall ~t to ' in-person r~..~ ~ ~~' Planning and Development Departmel [j~[ 221 N Elm ST NOV - ? 2000 Denton, Texas 76201 Attn Marcy Ratcllff, Development Review ~ING & DEVELOPMENT Please circle one .. request Neutral to request ~d to~ In favor of Comments Malhng Address .~'~ C,V, StateZ,p ~-~ t~~ Telephone Number Physl~l Address of Prope~ within 200 feet .~ G~ ~g. CITY OF DENTON, TEXAS C~TY HALL WEST · n=~n'"~N, TEXAS 76201 · 940 349 8350 · (F) 940 349 7707 37. NOTICE OF PUBLIC HEARING A-101 (Ryan Road/Country Club Road Annexation) The City Council of the Cffy of Denton wll hold the second of two public hearings on Tuesday, November 7, 2000, to consider annexing approximately 1,370 acres ~nto to the corporate c~ty I~m~ts of the C~ty of Denton, Texas The property ~s located ~n southwest Denton, generally east of US Highway 377, along Ryan Road and Country Club Road as shown shaded In the enclosed map Enclosed for your ~nformat~on is the annexation and zone change request schedule, which notes all the required meebngs The Planning and Zoning Commission will hold separate pubflc heanngs, on the same properties, on Wednesday, November 8, 2000 to consider making a recommendation to City Council regarding the proposed annexabon and zoning the unzoned property to an Agricultural (A) zoning district The pubhc hearings will start at 6 p m ~n the City Councd Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w/thru the proposed annexabon area or within two hundred (200) feet of the subject property, the C/ty Council would tike to hear how you feel about th/s annexation and zoninq change reauest and inwtes you to attend the pubflc heanngs Pubhc hearings are designed to provide opportunities for citizen ~nvolvement end comment In order for your opinion to be taken into account, please return the enclosed form w~th your comments pnor to the date of the pubhc hearing (Th/s /n no way prohibits you from attending and participating m the public heanng ) You may fax it to the number located at the bottom, ma~l it to the ...... in-person ~~!U'~ Planning and Development Department 221 N Elm ST Denton, Texas 76201 Attn Marcy Ratcllff, Development Rev,ew Man PLANNING & DE Please circle one ~ r~qu~st In favor of request Neutral to request to Comments Malhng Address Telephone Number Physical Address of Property within 200 feet CITY OF DENTON, TEXAS ClTY HALL WEST · nm,~TON, TEXAS 76201 · 9403498350 · (F)9403497707 38, '1-06-C0 12 IO~Nf POI NOTICE OF PUBLIC HEARIN A-101 (Ryan Road/Country Club Road Annexation) The City Council of the C~ty of Denton w~ll hold the second of two public hearings on Tuesday, November 7; 2000, to consider annexing approximately 1,370 acres ~nto to the corporate c~ty krafts of the City of Denton, Texas The property la located m southwest Denton, generally east of US H~ghway 377, along Ryan Road and Country Club Road as shown shaded in the enclosed map Enolosed for your Information is the annexabon and zone change request schedule, which notes all the required meebngs The Planmng and Zomng Commission will hold separate public heenngs, on the same properties, on Wednesday, November 8, 2000 to consider making a recommendation fo C~ty Council rag~trding the proposed annexation and zoning the unzoned property to an Agricultural (A) zoning district The pubhc hearings w~ll sta't at 6 p m In the C~ly Council Chambers of C~ty Hall located at 215 E McK~nney St[eat, Denton, Texas Because you own property within the proposed annexabon area or w~thln two hundred (200) feet of the subJeot property, the City Council would I~ke to hear how you feel about th~s anr~exaIloo and zonmo chanoe reouest and invites you to at, end the pubhc headngs Pubhc heanngs ere designed to provide opportunities for c~bzen Involvement and comment In order for your opinion to he,taken Into account, please return the enclosed form with your comments prior to the date of the public, hearing (Th~s in no way prohibits you from attending and participating in the public heanng ) You may fax It to the number located at the bottom, mail ~t ~r1~-~'_ ;.~...~!~".D_r drQp m-person Planning arid Development Departr~j'~~/~ 221N EImST II~ll Nov - Denton, Texas 76201 ~J.J~l .... JJJJ~ Attn Marcy Ratcliff, Development Revle~ ,~ ....... I J-~'~ ~ DEVELOPMENT Please circle one/~O~'-' t~reeque-~st In favor of request Neutral to request ,~.~,_ posed Comments Physical Address of PropeAy within 200 feet CITY OF DENTON, TEXAS ClTYHALLWEST, DENTON,TEXAS 7e20~ · 94034~s350 · (F)9403497707 11-06-00 09: 12~I POI NOTICE OF PUBLIC HEARING A-101 (Ryan Road/Country Club Road Annexati~ll) The City Cou,ncll of the City of Denton w ho d the second of two public hearings on Tuesday, Novembar 7. 2000. to consldcr ~nna×~ng app~'ovl~nately ~ ~7~ ~r~ ~nfn t~ th~ ~r~orate city I~mlts of the CI~ of Denton, Texas The p~pe~ Is lo.ted in southwest Denton, generally east of US H~ghway 377, along Ryan Road and Count~ Club Read as shown shaded In the enclosed map Enclosed for your information is ~e annexation and zone change request schedule, which n~es all th~ required meebng~ The Planning and Zoning Commission will hold sepa~te public hearings, on the same prope~les, on Wednesday, November 8. 2000 ~o consider making a recommendation to C~ty Council re~a~inE the proposed annexation an~ zoning the unzoned p~pe~y to en Agdculfural (Al zoning di~ict The publ,c hearings will sta~ at 6 p m In the ~1~ Council Chambers of C~ Hall lo.ted at 215 E McKInney S~eet, Denton, Te~s Because you own pmpe~y w~thln the proposed annexation area or within two hundred (200) feat of the subject prope~y, the Ctty Council would like to hear how ~u feel about this annexation end zonln~ chanoe reauest and Inwtes you to e~end the public heanngs Pubhc hearings am designed to provide oppo~nltles for cibzen Involvement and comment In o~er for your opinion to be taken into a~ount, please return the en~osed lorm with your comments pnor to the oa[e of the public heating (This in no way prohibits you from a~endmg ~lpetmg in the pubbc headng ) You may fax ~t to the number located at the bottom, mail It t° ) I~ off Planning and Developmant Depa~me~ I / ~m,, /111 221 N. Elm ST ///I I/ ,~ v - ~ ~n ////// 7,:o IIIIII In favor of request Neutral to request Opposed to reques Comment6. - ~ ~ ~t/ , , / ..... / '] WE MalllngAd~re~s ~ ~[ ,',L~~ {'~gf' CI~, State ZIp ~ ~ f J'7 ,) (~/ ~'~, ~/ ~ M / ~ Telephone Numbe~ ~ ' 0%//' ~ ~f ~ '~ Physical Address ~ Prope~ within 200 feet . CITYOFDENTON, TEXAS CITYHALLWEST ° DENTON, TEXAS 76201 · e4c)s4g6$$0 ° (F)~03a, gT?07 40 NOTICE OF PUBLIC HEARING A-101 (Ryan Road/Country Club Road Annexat,on) The City Council of the C~ty of Denton w~ll hold the second of two publ,c hear,ngs on Tuesday, November 7, 2000, to consider annexing approximately 1,370 acres ~nto to the corporate c~ty hm~ts of the C~ty of Denton, Texas The property ~s located ~n southwest Denton, generally east of US H~ghway 377, along Ryan Road and Country Club Road as shown shaded ~n the enclosed map Enclosed for your ~nformabon Is the annexation and zone change request schedule, which notes all the required meebngs The Planning and Zomng Commission w/Il hold separate publlc heanngs, on the same properties, on Wednesday, November 8, 2000 to consider maktng a recommendabon to Clty Council regarding the proposed annexation and zomng the unzoned property to an Agricultural (A) zomng d~strict The pubhc heanngs w~ll start at 6 p m ~n the C~ty Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w/th~n the proposed annexahon area or w~th/n two hundred (200) feet of the subject property, the C/ty Council would I/ke to hear how you feel about th~s annexabon and zoning change request and ~nwtes you to attend the public heanngs Pubhc heanngs are designed to prowde opportunit~es for c~bzen involvement and comment In order for your op~mon to be taken into account, please return the enclosed form w~th your comments prior to the date of the pubhc heanng (Thls in no way prohibits you from attending and part~c~pabng in the public heanng ) You may fax it to the number located at the bottom, ma~l ~t to the address below, or drop ~t off Planning and Development DepartmentDenton,221NTexasEIm ST76201 NOV '~; ~"~00 l~ Attn Marcy Ratcllff, Development Revmw Mane PLANNING & DEVELOPMENT Please circle one In favor of request Neutral to request ~.~..pposed to~ Comments Signature ..,/~,.~, ..... Printed Name ~,~.,- ~ . "~,~,~, Marling Address ~ ~_[ I,'~+o~ O~ C~,State Ztp ~.~ Telephone Number Phys~l Address of Prope~y w~thtn 200 feet CITY OF DENTON, TEXAS C~TY HALL WEST · DFNTON, TEXAS 76201 · 940 349 8350 · (F) 940 349 7707 4].° I NOT]:CE OF PUBLI:C A-101 (Ryan RoadlGountry Club Road Annexation) The City CoUncil of the City of Denton will hold the second of two public hearings on Tuesday, November 7, J2000, to consider annexing approximately 1,370 acres Into to the ¢o orate , , rp ~ty limits of the City of Denton, Texas The property Is located In southwest Denton, generally east of US Highway 377, along Ryan Read and Country Club Road as shown shaded in the enclosed map Enclosed for your informat~bn Is the annexation and Zone change request schedule, which notes all the required meetings The Planning and Zoning Commission will hold separate public heenngs, on the same properties, on Wednesday, November 8~ 2000 to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzonad properly to an Agricultural (A) zoning district, The public hearings will start at 8 p m In the City Council Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own property wlthm the proposec~ annexabon area or within two hundred (200) feet of the subject property, the City Council would I~ke to hear how you feel about th~s annexation and zonina~ ohanae reauest and invites you to attend the pubhc heenngs Public hearings are designed to provide opportunities for citizen Involvement and comment In order for your opinion to be taken Into account, please return the enclosed form with your comments pnor to the date of the pubhc hearing (This in no way prohibits you from arlene, ~ irFl$1~iJ~tt?t~'~tt7 I1~l'l~J ,Irc heedng ) You may fax it to the number located at the bottom mall It lJJ~.la~.~b'~b~.~k..TM~C&rl,~T;~{ ~ff Plann nganeDeve:o mentOapartml {I NOV 62000 IIII/ Denton, Texas 78201 ' '~ ~'-' Attn' Marcy Ratollff, Development Review ~J~G & DEVELOPMENT In favor of request Neutral to request Comments: Physical Address of Property wlthm 200 feet CITY OP DENTON, TEXA$ ClTY HALL WEST · DENTON TEXAS 76201 · 940349.8350 · (F)9403457707 42 NOT[CE OF PUBLIC HEAR' N A-'! 01 (Ryan Road/Country Club Road Annexation) The City Council of the C~ty of Denton w~ll hold the second of two public hearings on Tuesday, November 7, 2000, to consider annexing approximately 1,370 acres ~nto to the corporate c~ty hmlts of the C~ty of Denton, Texas The property is located in southwest Denton, generally east of US H~ghway 377, along Ryan Road and Country Club Road as shown shaded in the enclosed map Enclosed for your ~nformabon is the annexabon and zone change request schedule, which notes all the required meetings The Planning and Zoning Commission will hold separate publlc heanngs, on the same properties, on Wednesday, November 8, 2000 to consider making a recommendation to C~ty Council regarding the proposed annexation and zomng the unzoned property to an Agricultural (A) zoning district The pubhc heanngs w~ll start at 6 p m ~n the C~ty Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w~thin the proposed annexabon area or w/thm two hundred (200) feet of the subject property, the C~ty Counc# would like to hear how you feel about thls annexabon and zon/nq chanqe request and ~nwtes you to attend the pub#c heanngs Pubhc hearings are designed to provide opportunities for cibzen involvement and comment In order for your opimon to be taken into account, please return the enclosed form w~th your comments prior to the date of the pubhc hearing (Th~s in no way prohibits you from attending and part~c/pating m the public heanng ) You may fax ~t to the number located at the bottom, ma~l it to the address below, or drop ~t off in-person Planning and Development Department 221 N Elm ST Denton, Texas 76201 Attn Marcy Ratcllff, Development Review Manager Please circle one ~t eque'~st In favor of request Neutral to request o r Comments UaihngAddress ' ~C3,.~'~ ~..'~AW~) 1~,3/~-~l> (_3~"/5 Physical Address of Prope~y wlthmn 200 feet CITY OFDENTON, TE~S CI~ HALL WEST ·DENTON, T~S 70201 ~3 "r i NOTZ. CE OF PUBL'r¢ HEAR:iN6, A-101 (Ryan Road/Country Club Road Annexation) The City Council of the City of Denton will hold the ascend of two public hearings on Tuesday, November 7, 2000, to consider annexing approximately 1,370 acres rote to the corporate city limits of the City of Denton, Texas The property Is located In southwest Denton, generally east of US Hlghw,~y 37?, along Ryen Ro-d and Country Club Reed es shown shaded In the enclosed map Enclosed for your Information I$ the annaxetlon end zone chsnge request schedule, which notes ell the required meetings The Planning and Zoning Commlssmn w/Il hold separate public hearings, on the same properties, on Wednesday, November 8, 2000 to consider making a re;ommendation to City Council regarding the proposed annexation and zoning the unzonad property to an Agricultural (A) zoning district. The public headngs will start at 6 p m In the City Council Chambers of C~ty Hell located at 215 E McKlnnay Street, Denton, Texas Because you own property w/thin the proposed annexation area or within two hundred (200) feet of the subject property, the City Council would like to hear how you feel about this annexation and zonlno chan~ze reauest and Invites you to attend the public hearings Public hear/nra are designed to provide opportunities for citizen Involvement and comment In order for your opinion to be taker[into account, please return the enclosed form with your comments prior to the date of the public hearing (This In no way prohibits you from attending and participating In the public headng ) You may fax It to the number located at the bottom, mall it to the address below, or drop It off In-person Planning and Development Department 221 N. Elm ST Oel~ton, Texas 76201 Atto: Marcy Rat¢liff, Development Review Manager In favor of request Neutral to request ed to Comments, Printed Name/ ./... - ~ . Mailing Address' ,~ _ ' _.. _ City, State Z~p ~F~JT'3/V; . Telephone Number e -' J/' Physical Address of Property within 200 feet CITY OF DENTON, TEXAS CITY HALL WEST · DENTON. TEXAs 7S201 · S4034SS3S0 · (F)~4034e?707 -'l-~E,-lcJ~8 1 ~r:.PH FRONI RAY L NOTICE OF PUBLIC HEAR[N6 A-101 (Ryan Road/Count Club Road Annexation) The Ci~ Coun¢ll of t~ C~ty of Denton will hold the second of ~o pubhc hearings on Tuesday. November 7. 2000. to ~nslder annexing appro~mately 1.370 acres ~nto to the ~orate city hmi~ of · e CEy of Denton. Texas The prOpe~ is located ~n so~hwest Denton. generally east of US H~ghway 377. along Ryan Road and Count~ Club ~d as shown shaded ~n ~e enclosed map Enclosed for your Info~at~n ~s the annexation and zone ~ange request schedule, which notes all the mqu~md meetings The Planning and Zoning Commission w~ll hold separate public heatings, on ~e same p~pe~es, on~ Wednesday. November 8. 2000 to consider making a re~mmenda~ion to Ci~ Council regaling the proposed ann~atlon and zoning the unzoned prope~ to an Agricultural (~ zoning d~stri~. The pubhc heanngs w~ll sm~ at 6 p m ~n the C~ Coundl Chambem of City Hall I~ted at 215 E McKInney Street. Denton. Tex~ Because you own prope~y w~thm the proposed annexabon area w~h;n ~o hundred (200) feet of the subject prope~, the C~y Council would I;ke to hear how you feel about th~s annexation ap.~ zonmo ~anoe reoue~ and invites you to a~end the public heanngs Publm heatings a~ d~s~gned to pro,de op~un~t;es for c~azen involve~nt and ~mment In order for your opinion to be ~ken into a~unt, pl~e return ~e end,ed form w~th your ~mments prior to the date of the public hearing (This m no way pr~lb~s you from a~end;ng end pa~cxpabng In ~e public h~;fng ) You may fax E to the number Io~ted at the bo~. mall it to the address below, or drop tt off in-person Planning and Development Depa~ment 221 N Elm Denton. Texas 76201 Attn: M~¢y ~tcllff, Development Rewew Manager Please cimle one In favor of request Neutral to request ~ Opposed to req~ Comments' ~ ~ ~ $~gnature Pnn~d Name Ma~l~ng Address. C~. S~ Z~p Telephone Number ~) X~~ Phy~l~l Addre~ of Pmpe~ ~h~n 200 feet CITY OI= DENTON. TEXAS CITY HALL WEST - DENTON. TEXAS 7az01 - g40 ~45 ~ · (F) s40 ~49 7707 NOTICE OF PUBLIC HEARIN6 A='I 0'1 (Ryan Road/Country Club Road Annexation) The City Council of the City of Denton will hold the second of two public hearings on Tuesday, November 7, 2000, to consider annexing approximately 1,370 acres ~nto to the corporate c~ty limits of the C~ty of Denton, Texas The property is located in southwest Denton, generally east of US Highway 377, along Ryan Road and Country Club Road as shown shaded ~n the enclosed map Enclosed for your information is the annexation and zone change request schedule, which notes all the required meetings The Planning and Zoning Commission w~ll hold separate public heanngs, on the same properties, on ,Wednesday, November 8, 2000 to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property to an Agricultural (A) zoning district The pubhc hearings will start at 6 p m ~n the C~ty Councd Chambers of C~ty Hall located at 215 E McKInney Street, Denton, Texas Because you own property within the proposed annexabon area or within two hundred (200) feet of the subject property, the City Council would like to hear how you feel about this annexation and zomna chanae reouest and invites you to attend the public heanngs Pubhc hearings are designed to provide opportunities for c~t~zen involvement and comment In order for your opinion to be taken into account, please return the enclosed form with your comments prior to the date of the public heanng (This in no way prohibits you from attending and participating in the public haanng ) You may fax it to the number located at the bottom, mall ~t to the address below, or drop ~t off in-person Planning and Development Department 221 N Elm ST Denton, Texas 76201 Attn Marcy Ratcllff, Development Review Manager Please circle one In favor of request Neutral to request /O~posed to reques~ Comments Printed Name Mailing Address City, State Zip: ,~./,~ -~ ,,/., ~ ;2 ('~ c~ /'~) Telephone Number Physical Address of Property w~thln 200 feet CITY OP DENTON, TEXAS C~TY HALL WEST · DENTON, TEXAS 76201 · 940 349 8350 · (F) 940 349 7707 NOTICE OF PUBL]:C HEAR'tN6 A-101 (Ryan Road/Country Club Road Annexation) The City Counf=ll of the C~ty of Denton will hold the second of two public hearings on Tuesday, November 7, 2000, to consider annexing approximately 1,370 acres into to the corporate c~ty hm~ts of the City of Denton, Texas The property is located ~n southwest Denton, generally east of US Highway 377, along Ryan Road and Country Club Road as shown shaded ~n the enclosed map Enclosed for your information ~s the annexation and zone change request schedule, which notes all the required meebngs The Planning and Zoning Commission will hold separate public hearings, on the same properties, on Wednesday, November 8, 2000 to consider making a recommendation to City Council regarding the proposed annexation and zomng the unzoned property to an Agricultural (A) zoning district The pubhc heanngs will start at 6 p m ~n the C~ty Council Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property w~th/n the proposed annexahon area or wlth/n two hundred (200) feet of the subject property, the C/ty Council would like to hear how you feel about this annexation and zomna chanoe reauest and inwtes you to attend the public heanngs Pubhc heanngs are designed to provide opportunities for c~bzen involvement and comment In order for your opinion to be taken ~nto account, please return the enclosed form w~th your comments pnor to the date of the pubhc hearing (This in no way prohibits you from attending and participating in the public hearing ) You may fax It to the number located at the bottom, ma~l ~t to the address below, or drop ~t off in-person Planning and Development Department 221 N Elm ST Denton, Texas 76201 Attn Marcy Ratcllff, Development Review Manager Please circle one In favor of request Neutral to request -~---Copp°Sed t°"reqt~es9''' ' Comm, ants Marling Address /O~Y? /-J/,w~--~/.~./ /~.~,~}---/~ PLANNING & DEVELOPMENTJ Physical Address of Property w~thin 200 feet ClTYOPDENTON, TEXAS ClTY HALL WEST · DENTON, TEXAS 76201 o 9403498350 . (F)9403497707 47 NOTICE OF PUBLIC HEARIN6 A-10'i (Ryan Road/Country Club Road ,Annexation) The City Council of the City of Denton w~ll hold the second of two public hearings on Tuesday, November 7, 2000, to consider annexing approximately 1,370 acres ~nto to the corporate city hmlts of the C~ty of Denton, Texas The property ~s located in southwest Denton, generally east of US H~ghway 377, along Ryan Road and Country Club Road as shown shaded in the enclosed map Enclosed for your informabon is the annexation and zone change request schedule, which notes all the required meebngs The Planning and Zomng Commission will hold separate public heanngs, on the same properties, on Wednesday, November 8, 2000 to consider making a recommendatmn to C~ty Council regarding the proposed annexation and zoning the unzoned property to an Agricultural (A) zoning dtstrict The pubhc heanngs w~ll start at 6 p m ~n the C~ty Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w~thln the proposed annexation area or wlth~n two hundred (200) feet of the subject property, the C~ty Council would like to hear how you feel about th/s annexation and zonino chanoe reouest and ~nvltes you to attend the public heanngs Pubhc heanngs are demgned to provide opportumtles for c~bzen ~nvolvement and comment In order for your opinion to be taken into account, please return the enclosed form w~th your comments prior to the date of the pubhc heanng (Thls /n no way prohibits you from attending and participating ~n the pubhc heanng ) You may fax It to the number located at the bottom, ma~l ~t to the address below, or drop ~t off in-person Planning and Development Department 221 N Elm ST Denton, Texas 7620'1 Attn Marcy Ratcllff, Development Rewew Manager Please clrcle one In favor of request Neutral to request ,, - . .{ ! J/l / /1 /,~/: r j NOV /" ~" ' ~' ~' ~VV .... '~ PLAb, NING & DEVELOPMENT Signature ~ ~ Printed Name U '~,'~ ~]"~'~'Z o/~'~"./' ' Ma,hng Address ~d~' ~ 2 / C~ty, State Zip ;~r-/,~ .,,.,.,.~.,~..~ / Te,ephone Number NV PhySl~l Address of Prope.y within 200 feet ~.2 ClTYOFDEN,TON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F) 9403497707 48 ll/B~/2B~0 13'45 i9405667031 DR R E TOLBERT PAGE NOTICE OF PUBLIC HEARIN 'A-'101 (Ryan Road/Country Club Road Anne ati0r ) The City Council of the City cT Denton will hold the second of two public hearings on Tuesday, November 7. 2000. to consider annexing approximately 1,370 acres Into to the corporals c,ty hm~t$ of the City of Denton. Texas The property I$ located in southwest Denton, generally east of US H~ghway 377, along Ryan Road and Country Club Road as shown shaded m the enclosed map Enclosed for your InformaUof~ Is the annexabon and ~one change request schedule, which notes ail the required meetings The~ Planning and Zoning Commission w/Il hold separate public hearings, on the same properties, on lWedneadey. November 8. 2000 to consider making a recommendation to City Council regar~ing the proposed annexation and zoning the unzoned property to an Agricultural (A) zoning district. The pubhc heanngs will start at 6 p m In the C~ty Council Chambers of C~ty Hall located at 215 E McKInney Street. Denton. Texas Because you own property within the proposed annexebon area or within two hundred (200) feet of the subject property, the City Council would Ilks to hear how you feel about this er~pexatlofl and zonlno chance reouest end Invites you to attend the public hear/rigs Pubhc hearings are designed to provide opportunities for cdJzen Involvement and comment In order fo. your opinion to De .t~ken into accoun[, please return the enclosed form with your comments prior to the date of the public hearing (This m no way prohibits you from attending and participabng in the public hearing ) You may fax It to the number located at the botlorn, mall it to the address below, or drop it off In-person Ptannlng and Development Department 221 N Elm ST Denton, Texas 78201 Attn: Marcy Ratcllff, Development Review Manager Please ©lrcta one In favor of request Neutral to request O~p.~e~o r~ues~ Cerements' Malhng Addre~ .... City. $~ta Z~p TaM,one Number CITY OF DENTON, TEXAS c~TY HA~L WEST - OENTON, TEX.J~ 76201 - 940 349 6350 - (F) 940 349 7707 49. ~/84/20U0 ~0 53 ~73~73ZB~ H~RRY KO3H P~6E O~ NOTT. CE OF PUBL'rC HEAR]:NS; k=101 (Ryan Road/Country Club Road .Annexation) The City Council of the City of Denton will hold the second of two public hootings on Tuesday. November 7, 2000. to consider annexing approximately 1.370 acres Into to the corporate ctty llmrts of the City of Denton. Texas The property Is located in southwest Denton. generally east of US H,ghway 377. along Ryan Road and Country Club Road as shown shaded In the enclosed map Enclosed for your Information is the annexation and zone change request schedule, which notes all the required meetings The, Plan/ling and Zoning Commission will hold separate publtc heanngs, on the same proposes, on Wednesday, November 8, 2000 to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property to an Agricultural (,4) zoning district The public heanngs w~ll start at 6 p m In the C~ty Council Chambers of City Hall located at 215 E Mc. Kinney :Street, Denton, Texas Because you own property within the proposed annexat/on erea or wr~hln ~vo hundred (200) feet of the subject property, the City Council would like to hear how you feel about this annexation and zon~no ch~l~qe toque? and invites you to attend the pubkc heanngs Public heariJ3gs ~re designed tq provide opportunities for c~tlzen involvement and gq..mment In o.~er fo[ your opinion to be taken Into account, please return the enclosed form w~rt your comments prior to the date of the public hearing, (This In no way prohibits you from aftend~ng and perbclpabng ~n the public heenng ) You may fax it to the number located at the bottom, mall ~t to the address below, or drop it off in-person Attn Marcy Rat¢llff, Development Review Man; Please circle one PLANNING & DEVELOPMENT In favor of request Neutral to request ~d to requ~'stD Comments. CITY OF DENTON, TEXAS ClTY HALL WEST · DENTON, TEXAS 78201 - 940.3498350 · (F) g40 349 7707 5o Mov 04 O0 05:13p H Rainbo,. 940-383-13~3 p 5 NOTICE OF PUBI. J:C HEARING A-101 (Ryan RoadlCount Club Road Annexation) The CIW Co~ncll of the C~ty of Denton war ho~d the second of ~o public hearings on Tuesday, November 7, 2000, to consider annexing appro~mately 1,370 acres ~nto to the corporate mty hm~ts of the ClW of Denton, Texas The property is Io~t~ In southwest Denton, generally east of US Highway 377, along Ryan Road and Count~ Club Road as shown shaded m the enclosed map Enclosed for your reformation is the annexahon and zone change request schedure, which notes all the required meetings The Planning end Zoning Commiss~on wlfl hold separate public heanngs, on the same prope~es, on Wednesday. November 8. 2000 to consider maMng a recommendatmn to C~ty Council regaling the proposed annexabon and zomng the unzoned prope~ to an Agricultural (A) zoning district The public heanngs will sta~ at 6 p m m the C~ty Counml Chambers of City Hall lo.ted at 215 E McKmney SVeet, Denton, Texas Because you own pmpe~y w~th~n the pmposed annexation area or w;thm ~o hundred (200) feet of the subject pmpe~y. ~e C;ty Council would I~ke to hear how you feel about th~s ennexebon and zonin~ chan~e mouest and ~nv~es you to a~end the pubhc heanngs Pubhc heanngs are designed to prowde oppo~nlt~es for cl~en involvement and ~mment In order for your oplmon to be ~ken into ac~unt, plea~ return the enclosed form w~th your ~mments prior to the date of the pubhc hearing (This m no way pmhlb~s you from a~endmg and panic,paring In the pubhc heanng ) You ~y fax it to the numar I~ted at the bottom, mail ~t to the address below, or drop In-pers~n Planning and Development Depadment 22J N Elm ST Denton, Texas 76201 A~n Marcy Ratcllff, Development Review Manager In favor of request Neu~, ,o request ~ed to C~nts / _ . / . C,~, State Z,p ~p~ ~/~ ~ ~ ~ ~ / ~ PLANNING & DEVELOPMENT Telephone Number ~ ~ ~ ' Physical Address of Prope~ ~thm 200 feet CITY OF DENTON, TEXAS ClTY HALL WEST · DENTON, TEXAS 76201 · 0403498350 - (F)9403497707 ~ov 04 O00S.12p H Reln~om 9~0-383-1323 p 3 NOT]'CE OF PUBL'r¢ HEARZN6 A-101 (Ryan Road/Country Club Road The City Cotmcil of the City of Denton w~ll hold the second of two public hearings on Tuesday, November 7,2000, to consider annexing approximately 1,370 acres into to the corporate city hm~ts of the City of Denton, Texas The property ~s located in southwest Denton, generally east of US H~ghway 377, along Ryan Road and Count~, Club Road as shown shaded m the enclosed map Enclosed for your information Is the annexabon and zone change request schedule, which notes all the required meetings The Planning and Zoning Commission w/Il hold separate public heanngs, on the same properties, on Wednesday, November 8. 2000 to consider making a recommendation to Cfty Council regarding the proposed annexation and zomng the unzoned prope~y to an Agricultural (A) zoning district The pubhc hearings will start at 6 p m in the City Council Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property within the proposed annexahon area or within two hundred (200) feet of the subject property, the City Council would I~ke to hear how you feel about this ~nnexabon and zoIwn(7 charade reouest and Invites you to attend the public hearings Pubhc hearings are designed to provide opportunmbes for clbzen involvement and comment In order for your op~mon to be taken into account, please return the enclosed form with your comments prior to the date of the pubhc hearing (Th;s in no way prohibits you from attending and parhc~patfng in the public heanng ) You may fax ~t to the number located at the bottom, ma~l It to the address below, or drop ft off m-person Planning and Development Department 221 N Elm ST Denton, Texas 76201 Attn. Marcy Ratcllff, Development Revtaw Manager Please circle one In favor of request Neutral to request ~pposed to ~ S~gnature Pdntad Name Mailing Address City, State ZIp Telephone Number Physical Address of Property w~thln 200 feet CITY OF DENTON, TEXAS cmTY HALL WEST · DENTON, TEXAS 76201 - 9403468350 · (F) 940 34e 7707 52 Nov 04 O0 05:12p H Rainbow NOTTCE OF PUBL]:¢ HEAR]:N A-'101 (Ryan Road/Country Club Road Annexation) The City Council of the City of Denton w~ll hold the second of two public hearings on Tuesday, November 7, 2000, to consider annexing approximately 1,370 acres mid to the corporate city I,mlts of the C~ty of Denton, Texas The property is located in southwest Denton, generally east of US H~ghway 377, along Ryan Road and Country Club Road as shown shaded in the enclosed map Enclosed for your information is the annexation and zone change request schedule, whmh notes all the required meetings The Planmng and Zoning Commission will hold separate public hearings, on the same properties, on Wednesday, November 8, 2000 to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property to an Agricultural (A) zomng district The pubhc hearings will start at 6 p m in the C~ty Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property within the proposed annexahon area or within two hundred (200) feet of the subject property, the City Council would like to hear how you feel about this Rnnexatlon and zen/no chanoe regue.~/ and invites you t hearings are designed to provide opeortunltle= ~,~, ,-,+ ........ ~.~_ o ?tten. d the public heanng$ Pubhc ..... ,~,.,~- .mvu.vemen[ ana comment In order for your opinion to be taken into account please return the enclosed form w~th your comments prior to the date of the pubhc heanng (This/n no way prohibits you from aflendmg and partlclpabng ~n the public heanng ) You may fax it to the number located at the bottom, mall It to the address below or drop it off in-person Planning and Development Department 22t N Elm ST Denton, Texas 76201 Attn- Marcy Ratcliff, Development Review Manager Please circle one In favor of request Neutral to request ~~Opposed to request'~ · Slgnature ~ ~ Telephone Number --.~_~. A~7- ~.~/' - j,FLANNING & DEVELOPMENT Physmal Address of Pmpe~ w,~,n 200 feet ~~ ~ ~/~ CITY OF DENTON, TEXAS C{FY HALL WEST · DENTON, TEXAS 76201 · ~403498350 · (F)9403497 53 FROH HI~ELL-THOHPSON INSURANCE PHONE HO 948 ~87 2532 F~ NOTICE OF PUBLIC HEARIN A-10t (Ryan Road/Country Club Road Annexation) The City Council of the Cdy of Denton wdl hold the second of two public hearings on Tuesday, November 7, 2000. the City of De~ton, Texas The property la lo.ted ~n ~outhweat Denton. generally east o~ US H~ghway 377, along Ryan Road and Counl~ Club Road au shown shaded ~n IRe enclosed map Enclosed for your Information Is the enne~bon and zone change request schedule, which notes ell the required meetings The Planning and Zoning Commlsston wdl hold separate pubhc heerb~gs, on tho same prope~es, on Wedno~day~ November 8. 2000 to consider making a recommendation to C~ty Council regarding tire proposed annexabon and zoning the unzoned prope~y to an Agricultural (A) zoning dis~ict The public healings will sta~ at 6 p m In the C~ty Councd Chambers of C~ty Hall located at 215 E McK~nney SCoot. Denton. Texas Because you own propo~y wahm the proposed annexabon area within ~o hundred (200) feet of tho =ubject prope~y, the City Council would hke to hear how you feel about this ennexebon ~nd zontn~ chanoe reaue3~ end mw~o~ you to e~end the publw heedngs Pubhc heedngs are designed to p~v~de oppo~unlfles for c~h[en ,nvolvement and comment In order for ~our oplmon to be taken into ac~unt, please return the enclosed fo~ with your comments prior to the date of the pubhc heanng (Th~s In no way pmhlb~ts you from attending and porbC~pOhn~ In tho pubbc headng ) You may tax Planning and Development Depa~ment in-person 22~ N Elm ST Denton, Texas 76201 At[n Marcy Ratchff, Development ~ewew Manager Please circle one In fever of request Neutral [o request osed to toque Comments cee o~ b~r a~ona speak in ~a~or beln~ ann~ea into the C~ty o~ Denton~ a~ were Pnnted Name ~thu[ MaihngAddress ~_ P. 0 Box 295,' D~con,Te~s 76202 , ,,,TLANN;NG'&OE~LOPMENT CI~, State Z~p _ Telephone Number f~0~ ~82~3593 _. Phys~l Address of Prope~y w~n 200 feet 175 [~an Roa~. Denton. le~s 7~10 __ CITY OF DENTON, TEXAS ClTY HALL WEST - I);NTON, TEXA~ 70201 - 9403496350 - (r) s40 349 7707 54 FROH MI~ELL-THOMPSON INSUF~N~E PHONE NO 948 ~87 2552 Pu NO CE OF PUBLIC HEARIN k-10~ (R~n Road/Count~ Club Road Annoxaflon) The ¢1~ ~Ouncil of the C~ty of Denlon wdl ho~d the second ~f ~o public hearings on Tuesday, Nove~er 7, 2000, Io consider am~ex~ng approximately 1,370 acres m(o to ~e corpo~te c~ty hm~ts of · e C~ o~ Denton, Texas The properly is lo.ted m sou~west Denton, generally east of US H~ghway 377, along Ryan Road and Counh7 Club Road as shown shad~ m t~e enclosed map Enclosed for yOUr Jnfo~a~on Is the enne~t~on and zone ~ange request s~edule, which notes all ~he required m~bngs The Planning and Zoning Commission w#l hold separate pubhc he~ngs, on the same p~pe~es, on Wednesday, November 8, 2000 to consider making a recommendabon to C~ty Council ~a~l;;g the proposed annexation and zoning the unzoned prope~y to an Agricultural (A) zoning district ~e public hearings will start at S p m In ihc C~ty Council Chambemo[ C~ty H~II lu~ated at 215 E ~nney Street. Donton. Texas Because you own p~pe~y w;tl~n O;e proposed annexation erea or w~hln ~0 hundred (200) feef of the 3ubject p/upuHy the City Counc8 would I~ke to heat how you feel abo~ ~lS annexetton Rnd zoninq ~hOp~o ~auest and mwte= you to ullend the pt~bl/c heelings PuDhc heanngs are~designod to provide oppo~umt~ee for =flzen mvol~men[ and ~mment In order for your opJmon ~ ~ tekon rotc a~ount, please relurn the o~closed form with your commenl~ prior to the date of ~e pubhc heanng (Th~s m no way pmhtb~t= you [~um u~lendmg and panic,paring #~ the public heaHng) You may fax R to the number located at the b~tom, ma~l ~l {o the address below, or drop Il off In-~r~on Planning and Development De~ment 221 N Elm ~ Denton, Texas 76201 ~n. Marcy Ratcliff, Development Review Manager Pl~se circle one In favor of request Neutral Io request od to req ~mments T~ephone Number , ~ ~ ~n) ~ ~- _~ ~ ~ crrYOI;DENTON, TEXAS ClTYH~J. LWrRT - DENTON TEX~ 7e20t - 04034'~e350 . (F)e4034S7707 NOTICE OF PUBLIC HEARING A-101 (Ryan Road/Country Club Road .,Annexation) The City Council of the City of Denton will hold the second of two public hearings on Tuesday, November 7, 2000, to consider annexing approximately 1,370 acres into to the corporate c~ty hm~ts of the City of Denton, Texas The property ~s located ~n southwest Denton, generally east of US H~ghway 377, along Ryan Road and Country Club Road as shown shaded in the enclosed map Enclosed for your Informabdn Is the annexabon and zone change request schedule, which notes all the required meebngs The Planning and Zoning Commission w/il hold separate public heanngs, on the same properties, on Wednesday, November 8, 2000 to consider making a recommendation to C~ty Council regarding the proposed annexation and zoning the unzoned property to an Agricultural (A) zoning district The public hearings will start at 6 p m in the C~ty Council Chambers of C~ty HaH located at 215 E McK~nney Street, Denton, Texas Because you own property within the proposed annexabon area or within two hundred (200) feet of the subject property, the C~ty Council would like to hear how you feel about th~s anneKatlon and zoning change rec~uest and Invites you to attend the public hearings Pubhc hearings are designed to prowde opportunities for citizen involvement and comment In order for yo~r opinion to be taken into account, please return the enclosed form with your comments prior to the date of the public heanng (Th~s /n no way prohibits you from attending and participating ~n the public heanng ) You may fax it to the number located at the bottom, ma~l ~t to the address below, or drop ~t off ~r~~~ 'lannlng and Development Department 221 N Elm ST ~1 ,~uv --tuuu Att~..~ Denton, Texas 76201 larcy Ratcllff, Development Review Manager PLANNING & DEVELOPMENT Please circle one In favor of request Neutral to request (~__~ to~ / . ./ Signature MalhngAddress /~,/O'7 I/et,~,4/c~ ~/~,~,/e F'a.~er-s '~t"a~e,/; ,.--/-g'~,,,~ City. State Zip Telephone Number . Physi~l Address ~°f Pr°pe~ wlthm 200 feet . CITY OF DENTON~ TEXAS CITY HALL WEST o DENTON, TEXAS 76201 · 940 349 8350 · (F) 940 349 7707 56, NOTICE OF PUBLIC HEARING A-101 (Ryan Road/Country Club Road .Annexation) The City Council of the C~ty of Denton will hold the second of two public hearings on Tuesday, November 7, 2000, to consider annexing approximately 1,370 acres ~nto to the corporate c~ty hmRs of the CRy of Denton, Texas The property is located in southwest Denton, generally east of US H~ghway 377, along Ryan Road and Country Club Road as shown shaded in the enclosed map Enclosed for your Information Is the annexabon and zone change request schedule, whmh notes all the required meebngs The Planning and Zoning Commission w/II ho/d separate public heanngs, on the same properties, on Wednesday, November 8, 2000 to consider making a recommendation to CRy Councd regarding the proposed annexation and zoning the unzoned property to an Agricultural (A) zoning district The pubhc hearings wdl start at 6 p m in the C~ty Councd Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property within the proposed annexabon area or within two hundred (200) feet of the subject property, the City Council would like to hear how you feel about this annexation and zonmq chanqe request and Invites you to attend the public heatings Pubhc hear, ngs are demgned to provide opportunities for c~tizen involvement and comment In order for your opinion to be taken into account, please return the enclosed form with your comments prior to the date of the public hearing (This in no way prohibits you from atiendlng and participating in the public heanng ) You may fax it to the number located at the bottom, mad ~t to the address below, or drop ~t off in-person Planning and Development Department 221 N Elm ST Denton, Texas 76201 Attn' Marcy Ratcllff, Development Review Manager Please circle one Comments.In favor of request Neutral to request (Opposed to reques~N~ Signature ~lx~ / ~t~..... Pr, ntedNamo 0 &t l tl JillNOV 0 MallingAddress ~ ~i~s ~~'/ B~J O,ty, State Zip ~1 /~ V~ ~ I0 PLANNING & DEVELOPMENT Telephone Number ~'-' Physl~l Address of Prope~ within 200 feet MU ~ ~ ClTY OF DENTON, TEXAS ClTY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 57 NOTTCE OF PUBL'rC HEAR'I'N6 A-'I 0'1 (Ryan Road/Country Club Road ,Annexation) The City Council of the C~ty of Denton wdl hold the second of two public heanngs on Tuesday, November 7, 2000, to consider annexing apprex~mately 1,370 acres into to the corporate c~ty hmlts of the City of Denton, Texas The property ~s located ~n southwest Denton, generally east of US Highway 377, along Ryan Road and Country Club Road as shown shaded ~n the enclosed map Enclosed for your lnformabon is the annexation and zone change request schedule, which notes all the required meebngs The Planning and Zomng Commission will hold separate public hearings, on the same properties, on Wednesday, November 8, 2000 to consider making a recommendabon to City Council regarding the proposed annexation and zomng the unzoned property to an Agricultural (A) zoning district The pubhc heanngs will start at 6 p m ~n the C~ty Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property within the proposed annexahon area or within two hundred (200) feet of the subject property, the City Council would like to hear how you feel about this annexation and zonmo chan(~e reouest and invites you to attend the public heanngs Pubhc heanngs are designed to provide opportunities for c~tizen involvement and comment In order for your opinion to be taken into account, please return the enclosed form w~th your comments pnor to the date of the pubhc heanng (This m no way prohibits you from attending and participating m the public heanng ) You may fax it to the number located at the bottom, mad ~t to the address below, or drop ~t off in-person Planning and Development Department 221 N Elm ST Denton, Texas 76201 Attn Marcy Ratcllff, Development Review Manager Please circle one O~.~s~t-~ uest~ In favor of request Neutral to request req Comments Signature ~ Pnnted Name Malhng Address ~?_,~7_ ~,_,~,,~',,( ~'/'~' City, State Z~p ~/~, ~ Telephone Number .~0 ~¢~-- Physical Address of Prope~ within 200 feet ClTYOPDENTON, TEXAS CITY HALL WEST o DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 58 10/30/2800 81. £3 9404798iU2 DEUSSEN'S G~AI/EL PA{sE NOT'T. CE OF PUBLI:C HEAR]:N6 k-'101 (Ryan Road/Country Club Road Annexation) The City CoUncil of the City of Denton w~ll hold the eeoond of two public hearings on Tuesday, November 7, 2000, to consider annexsng approximately 1 370 acres Into to the corporate ¢~ty I~mlts of the City of Denton. Texas The property IS located In southwest Denton, generally east of US H~ghway 377, along Ryan Road and Count~j Club Road as shown shaded in the enclosed map Enclosed for your information Is the annexat]on and zOne change request schedule, which notes all the required meetings The Planning and Zoning Commission will hold separate public hearings, on the same properties, on Wednesday, November 8, 2000 to consider rr~klng e recommendation to City Council regarding the proposed annexation and zoning the unzoned property to an Agricultural (A) zoning dlatrfof. The public hear;nga w~ll start at 6 p m In the City Council Chambers of City Hall located at 215 E McKmney Street, Denton, Texas Because you own property within the proposed annexation area or within two hundred (200) feet of the subject properly, the City Council would like to hear how you feel about this annexebon and zontno chanoe reaues~ and invites you to atlend the public heanngs Pubhc hearings are designed to provide opp?riunibes for cltlzen, lrlvQIvement and comment ..in order.for your ~3plnion to be taken Into account, please return the encJosed form w;th your comments prior to the date Of the public 'heanng (This in no way prohlblts you from etter~mg and parbclpating in the public hearing ) You may fax it to the number located at the bottom, mall tt to the address below, or drop ~t off in-person Planning and Development Depa~l,,,ent 221 N Elm ST Denton, Texas 76201 Attn. Marcy Rat¢llff, Development Ra¥1ew Manager Please circle one ~ In favor of request Neutral to request Comments , , , / Signature ~~ Printed Name, Telephone Numbe~ ~ Physlml Address of Pmpe~ within 200 f~t CITY OF DENTON, TEXAS C,n-YHAtLWa~T ' DENTON, TEXAS 7e201 - s4034~.e350 · (F) 940 349 7707 11/88/2888 83." 48 9485652222 TEXAS TERATOGENS PAGE 01 NO'IT. CE OF PUBLZC HEARIN6 A-101 (Ryan Road/Country Club Road Annexation) The City Council of the City of Denton will hold the second of two public hearings on Tuesday, November 7, 2000, to consider annexing approximately 1,370 acres Into to the coq~orats city limits of the C~y of Denton, Texas The property Is located In southwest Denton, generally east of US Highway 377, alol~g Ryan Road and Countl7 Club Road as shown shaded ,n the enclosed map Enclosed for your ."nformatlon Is the annexation and zone change request schedu)e, which notes ell the requ,red meetings The Planning and Zoning Commi~ion w#l hold separate public heanng$, on the same properfle$, on Wednesday, November 8, 2000 to consider making a recommendation to City Council regarding the proposed annexation and zoning the unzoned property to an Agricultural (A) zoning district The public hearings will start at 6 p m in the C~ty Council Chambers of City Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w~thtn the proposed annexation area or w/thin two hundred (200) feet of the subject property, the City Councg would tike to hear how you feel about tht$ pnnexation end zonlna chanae rec~uest and invites you to attend the public heanngs Pubhc hearings am designed to provide opportunities for c~ttzen involvement and comment In order for your opinion to be taken into account, please return the snciosed form with your comments prior to the date of the public hearing (This tn no way prohibits you from attending and participating in the pubflc hearing ) You may fax it to the number located at the bottom, ma4 it to the address below, or drop it off in-person Planning and Development Department 221 Iq, Elm ST Denton, Texas 76201 Attn Mamy Ratcllff, Development Review Manager ,lease circle one ~;;~'o~ed to re;uest-U'~ In favor of request Neutral to request ~. --, , Comments: ~ ~ n ~¢z/,j~ / n Mailing Address state ]:)eh'i-Om Physical AddreSS of Property within 2C feet '7 Z'7/'~' ,,~V~'~4:~-~4-~ ~;>o~) CITY OF DENTON, TEXAS cn'~l ·DENTON, TEXA~ 76201 - 940,3498350 , (F)940.3497707 60. 11/81/2888 18'2__.9. 972-393-2~3 JOHH B~tlD DD~c PAGE 81 NOI' CE OF PUBLIC HEARIN6 A-101 (Ryan Road/Country Club Road The City ¢o~.Jncll of the ~l~ of ~nton w~ll hold the ~econd of two public he~Hng~ on Tuesday, November 7, 2000. to ~n~der annexing Bppmx~mgtely the C~ of Denton, Te~e The prope~ ~e Ioceted In so~hwest Denton. generally east of US Highway 377, along Ryan Road and Count~ Club Road as sho~ shaded in the enclosed map Enclosed for your Info~et~on Is the annexation and ~ne ~ange request schedule, which notes all the required meetings The Planning and Zoning ~mmission will hold separate public hearings, on the same prope~es, on Wednesday. No.tuber 8, 2000 ~ consider making a recommendation to C~ty Council regarding the propos~ ann~tlon and zoning the unzoned prope~ to an Agricultural (A) zoning di8tHet ~e public headngs wtll stad et 6 p m In the C~ ~uncll Chambem of C~ty Hall lo.ted at 215 E McKmney Street, Denton. Te~s Bemuse you own prope~y within the proposed annexation area or within ~o hundred (200) feet of the subje~ prope~y, the C~ty Counc# would I~ke to hear how you feel about this annexation and zonlno chenQe reoue~t and ~nv~es you ~ e~end the public headngs Pubhc hearings are demgned to provtde op~unltl~ for aflzen involvement and ~mmant In order for your oplmon to be ~ken into a~unt, please return the enclosed form with your ~mments pnor to ~e date of the public hearing (~is In no way proh~b~s you from a~endtng and pa~c~pating In the public heenng ) You,may fax It to the number lo.ted at the boffom, mail ~t to the address below, or drop ~t off in-parson Planning and De~lopment Depa~m~)~~ 221 N. Elm ST I1~(I ~nton. Texas 7620~IIMI NOV - nn. IIII AUn: Marcy R~ellff, Development Rev, ew/~~~ Ple~e circle one' ~,,vu o u~VELOPMENT Comme.~ In favor of request Neutral to ~ques~ ~osed Pr,.,ed Nam. Malhng Addre~.~ /,~,,~ ! C~,S~te Zip ~~. Telephone Number. Ph~lcal Address of CITY OP DENTON. TEXAS ClTY HALL WEST · DENTON, TEXAS 7S20t · INO34SS3SO · (1=)9403497707 61 NOTICE OF PUBLIC HEARIN A-101 (Ryan Road/Country Club Road Anqexat, u_Q~ ~ ne City Coul~cll of the City of Denton will hold the second of two puuhc ~,.u ,~,.~ on tuesday, November 7, ;3000, to consider anne)ung approximately 1,370 acres Into o ~lle C~ty of Denton, Texas The property cs located In southwest Denton .~-~na, ., u¢ US H~ghway 377, along Ryan Road and Country Club ROad as shown shaded in the , ,), ,~ ~ ., Enclosed for your mformatlol3 Is the annexation and zone change request schedule ,.h,~ , all the required neebngs The Planning and Zoning Commission will hold separale ~, .),,, , , on the same .,~)perbes. on IWednesday, November 8, 2000 to consider making = re~,, :la ,datton to City Council regarding the proposed annexation and zoning the unzoned propur~) to an Agricultural fA) zoning district ! he public heanngs will start at 6 p m ,n the C~ty Councd Chamber~ ~, ated ~,~ ~15 E %4cK~nney Street. Denton, Texas Because you own property within the ) ~op~ ~ ,,,~, exat/un area or .~th~n two hundred (200) feat of the subject property, the City Council v ~ ~',, ) ir ho.~ you feel ,bout this ennqxstion and zoning chapae r,e. auest and ~nwtes you to atze ,~,~ an/) t~ Public heanngs are designed to prowd~ opportun|hes for c~bzen involvement an~ ,.c)~) ,~ ~ order to. your ,>p~r,on to be taken tutu account, please return the erlclosed form w~th you cd-,, ,, - ,~nor to the date )[ the public heanng (This m no way prohibits you from attending ~,, ~ i~,,, , ,~, ,g ~n the public heanng ) 'You may fax it to the number located at the bottom, mad It to Ihs aarJ~, · ,.4 w or drop It off n-pemon Attn Marcy Ratehff, Development Revi vor of e Neutral to request Comments: $,gnature ~' Pnnted Name ,~ Phys,cal Address of Property within 200 feet ~/ ClTY OF DENTON, TEXAS C~TYHAtl WFST ' DENTON TEXAS 76')01 TO ~t-.~3~,"J il~ 3 62 ~'$ga/.BC0t~$ at,'00 000~/T0/TT NOTICE OF PUBLIC HEARING A-1 0'1 (Ryan Road/Country Club Road Annexation) The City Council of the C~ty of Denton w~ll hold the second of two public hearings on Tuesday, November 7, 2000, to consider annexing approximately 1,370 acres ~nto to the corporate c~ty I~m~ts of the C~ty of Denton, Texas The property ~s located in southwest Denton, generally east of US H~ghway 377, along Ryan Road and Country Club Road as shown shaded ~n the enclosed map Enclosed for your ~nformat~on is the annexation and zone change request schedule, which notes all the required meetings The Planning and Zoning Commission will hold separate public hearings, on the same properties, on Wednesday, November 8, 2000 to consider maktng a recommendation to C~ty Council regarding the proposed annexation and zoning the unzoned property to an Agricultural (A) zomng district The pubhc heanngs w~ll start at 6 p m ~n the C~ty Council Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property w/th/n the proposed annexaDon area or w~th~n two hundred (200) feet of the subject property, the C~ty Council would I~ke to hear how you feel about th/s annexabon and zonino chance recluest and/nwtes you to attend the public heanngs Pubhc heanngs are designed to provide opportunibes for c~bzen involvement and comment In order for your opinion to be taken ~nto account, please return the enclosed form w~th your comments pnor to the date of the pubhc hearing (This ~n no way prohib/ts you from attending an(~.~.~c~paDng In the pubflc heanng ) You may fax it to the number located at the bottom, ma,I It to the~[~~ff in-person Planning and Development Department IIAI I .... ---'~lllll 221N EImST IIIIII uur 3 1 ~nnn IIIIII Denton, Texas 76201 I~ UL_~ '~ IIIIII Attn Marcy Ratcllff, Development Review M~.,L?/ Please circle one In favor of request Neutral to request ( ,_,~ose q Comments ~ ~ ~ . ~ -- ' , ..*-.~ .... S,gnature Printed Name ' ,~?~;-'//"'~'~ ~'. '/"~//~ ~'~/' . Ma,,ngAddrees ~=~ ~~- /~ ~-- City, State Zip Telephone Number .,~.,0'o~ .. Physical Address of Property w~thln 200 feet ~ I I ClTY OF DENTON, TEXAS ClTYHALLW[ 63 ITON, TEXAS 76201 · 9403498350 · (F)9403497707 NOTICE OF PUBLIC HEARIN A-101 (Ryan Road/Country Club Road Annexation) The City Councll of the C~ty of Denton wdl hold the second of two public hearings on Tuesday, November 7, 2000, to conslder annexing approximately 1,370 acres ~nto to the corporate c~ty hm~ts of the C~ty of Denton, Texas The property is located ~n southwest Denton, generally east of US H~ghway 377, along Ryan Road and Country Club Road as shown shaded ~n the enclosed map Enclosed for your ~nformabon ~s the annexabon and zone change request schedule, which notes all the required meebngs The Planning and Zoning Commission w/Il hold separate public heanngs, on the same properhes, on Wednesday, November 8, 2000 to consider making a recommendation to C~ty Council regarding the proposed annexation and zoning the unzoned property to an Agricultural (A) zoning district The public hearings wdl start at 6 p m ~n the C~ty Councd Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own property wtthtn the proposed annexabon area or w/thzn two hundred (200) feet of the subject property, the Ctty Counctl would bke to hear how you fee/ about thts annexatton and zoning change request and tnwtes you to attend the publtc heanngs Pubhc heanngs are designed to provide opportunities for c~t~zen involvement and comment In nrder for your op~mon to be taken ~nto account, please return the enclosed form w~th your comments pnor to the date of the pubhc heanng (Th~s tn no way proh/btts you from attendtng and part~ctpatmg /n the pubhc heanng ) You may fax ~t to the number located at the bottom, mad ~t to th~drop ~t off in-person Planning and Development Department~~ 221 N Elm ST Denton, Texas 76201 Attn' Marcy Ratcllff, Development Review M~ Please circle one In favor of request Neutral to request Opposed to request S~gnature : Pnnted Name: Malhng Address q~'~ ~:~ Telephone Number ~' ~'~ C~3],- Physical Address of Property w~th~n 200 feet ClTY OF DENTON, TEXAS ClTY HALL WES"' · DENTON, TEXAS 76201 ° 9403498350 · (F)9403497707 64 From <JanelleBurch@aol corn> To <mercy ratchff@cityofdenton com> Data 10/21/00 4 49PM Subject Proposed Annexation To all members of the Denton City Council, We have a 500 acre family farm located in the area of the proposed annexation, off of Country Club Road, (FM 1830) This farm has been in the "country" for many, many years and we can see no advantage to us, to be in the city limits Therefore, it is our wish to let all of you know, that we are 100% ~galnst the annexation We will be out of town and unable to attend the public hearing on October 24, 2000 Richard and Janelle Buroh o5 Planmng and Zoning Cot, ,~tss~on Minutes November'8, 2000 Page 2 of 5 Attachment 3 slte Is'located approxlmateiy 880 feet west of the southwest corner of Hickory Creek Road and Teasley Lane (FM 2181) The property Is In an Agriculture zoning d~strmt An electric substation Is proposed (FP-00-122, Meredith Addition, M~ke Grace) 6 Consider approval of the Final Plat of the El Paseo Addition The 21 5 acre site Is located approximately 120 feet north of the Intereect[on of Belmont Street and El Paseo Ddve The property Is In a Single Family (SF-16) zoning dmtr~ct A single family subd~vislon is proposed (FP-00-136, El Pasco Addit~on, Beth Hudson) 7 Consider approval of the Preliminary Flat of the Vintage, Phase 2 The 33 2 acre site is adjacent to South Bonnie Brae, north of the proposed extension of FM 2449 The property Is in a Planned Development 139 (PD-139) zoning dmtnct Purpose of the plat Is single- family subd~vlslon (PP-00-124, The Vintage, Phase 2, Deborah Viera) 8 Consider approval of the Prellmlnary Plat of the V~ntage Phase 4 The 17 2 acre site Is located approximately 1,500 feet east of 1-35W and approximately 170 feet south of the proposed extension of FM 2449 The property is ~n a Planned Development 139 (PD-139) zoning district Purpose of the plat Is single-family subdivision (PP-00-125, The V~ntage Phase 4, Deborah Viera) 9 Consider approval of the Prehmlnary Plat of the Vintage Phase 5 The 330 6 acre site Is located approxlmately 1,200 feet east of 1-35W and along the south side of the proposed extension of FM 2449 The property Is tn a Planned Development 139 (PD-139) zoning district Purpose of the plat ls slngle-famlly subd~vislon (PP-00-126, The VIntage Phase S, Deborah Viera) Motion by Elizabeth Gourdie and seconded by Salty Rlshel to approve the consent agenda *Discussion of Item Is included In Court Reporter's transcript attached to this set of minutes (Page 1) M~tk~n c,~rr!a~ fi-Cl. PHBLIC HEARING - REPLAT 10 Hold a public hearing and consider approval of the Final Plat of Lots 4R-1 and 4R-2, of East Industrial Plaza, being a replat of Lot 4 The 2 9 acre site is located between Mmgo and Unlvemlty (Highway 380) west of Virginia Street The property Is In a Commercial zoning district Commercial development Is proposed (FR-00-66, East Industrial Plaza, Mike Grace) Motion by Salty Rishel and seconded by Rudy Moreno to approve *Discussion of item Is Included In Court Reporter's transcript attached to this set of minutes (Page 4) Nl~hc)n ~,~rd~.~ ~-Cl. PUI~LIC Hi=_ARING - ANNEXATION AND ZONING 11 Consider and take action regarding an Involuntary annexation and service plan for approximately 1,370 acres of land located In the southwestern section of the City of Denton extraterritorial jurisdiction (ETJ), for the following tracts (A-101 - Ryan Road/Country Club Road,Annexation, Marcy Ratclif0 66, Planning and Zonlng C~,,,,m~ss on Minutes November 8, 2000 ~ Page 3 of 5 Tract #'1: approximately 1,365 5 acres of land located on the southwestern slde of the City of Denton's extraterr~tonal jurisdiction east of U S H~ghway 377, south of Regency Court on each side of Country Club Road, west of Montecito along Ryan Road and mostly north of Brush Creek Road Tract #2 approximately 3 6 acres of land located on the southwestern s~de of the C~ty of Denton's extraterritorial jurisdiction west of Montec~to, south of El Paseo and east of Santa Monlca a Hold a public heanng to hear pubhc comments regarding the proposed annexation and proposed zoning to the Agricultural (A) zoning d~str~ct regarding the above referenced tracts (Z-00-020, Ryan Road/Country Club Road Zoning, Marcy Ratchf0, and b Consider taking action to make a recommendabon to City Council regarding the proposed annexation regarding the above referenced tracts, and Motion by Salty Rishel and seconded by Elizabeth Gourd~e to recommend approval to City Council *Discussion of Item Is Included In Court Reporter's transcnpt attached to this set of minutes (Page 8) M~tl~3n cnrrla.~ ~-2. ( P. nrnml.~.~lonP, m Hnlt ~nd Mc, Ne~l w3tad In n.n.nosltl~n.) c Consider and take action to make a recommendation to City Council regarding the proposed zoning to the Agricultural zoning distrmt regarding the above referenced tracts Motion by Vlckl Holt and seconded by Salty Rishel to recommend approval to City Council *Discussion of Item Is Included In Court Reporter's transcnpt attached to this set of mlnutes (Page 8) 12 Consider and take action regarding an Involuntary annexation and service plan for approximately 1,711 acres of land located In the southwestern section of the City of Denton extraterritorial jurisdiction (ETJ), for the following tracts (A-102 - US 377/I-35W Annexation, Marcy Ratcllf0 Tract #1: approximately 504 acres of land located In the southwestern side of the City of Denton's extraterritorial jurlsdiction west of U S H~ghway 377, south of AIIred and adjacent to Johnson Lane Tract #2: approximately 1032 acres of land located In the southwester slde of the City of Denton's extratemtorlal Jurisdiction east of Interstate H~ghway 35 West and west of the Kansas C~ty Southern Railway Company, extending south along Borlnle Brae to the west side of U S, Highway 377 Tract #3: approximately 1 7 acres of land located northeast of the Intersection of Corbln and Bonnie Brae 67 _ CondenseltTM I Page 5 Page ? I MR or. hca aecause the lot was s 1 YEMSAN My name Is J~ald Y~san 2 ~ ~pht 2 Lan~ark ~c ad.ss is 4238 1-35 North 3 3 4 ~ ~e 4 ~ 5 hoc propos~ 6 6 a~d ~ at mended ? ? expand ~s facd~ cam~ 8 8 a~ong to ac~m~ som~ ~ eoou~ 9 h o~ o~ ~ 9 We 10 10 d~scov~ -- ~s ~s 11 M~RISH~ 11 I said, well )ou 12 MR M~ILt ion~ Oo~d~o. 12 shouldn't have to ~en ~lat 's 13 Ms oo~aDl~ : that aff~t s~dowa~s~ Do 13 pla~ p~g~ ~ ~ C~ and ~e 14 th~ have to 14 stuff and the 15 MR O~C~ 15 b~ause ~o State d~dn't x~c haxc 16 ongm~n8 ~'t ~ow if ~'s ~ 16 ~ ~lat ~t x~e x~ ould 17 lUSt v~ 17 have b~n ~n th~ 18 ~ 380, ~'~ going ~ 18 posmon 19 bmld ~vo or 19 He's 20 20 and 21 I 21 ~mgs, ;have ~e 22 ~ W~ P~duc~ now 22 road 23 of F~sh and C~s It w~ c~lo back ~ 23 24 come out by W~l and ~en 24 25 ~8am It, s kind of a I~p and ~at loop will b~ 25 ~ of building he want~ and k~ a no~a125-fool Page 8 I mmn~m~ by ~ Ct~ AI~o~ ~ S~le Is 8oing 1 hn~ and I'm qm~ s~ ~at's why ~ ~nmg 2 build it, that roar 2 3 ~11 ha~ con~ol ov~ ~ 3 to do to sho~n ~at budding hne 4 stdewa~ ~mgs, unlike H~way 38 4 , I'm just h~ to ans~ qu~t~ons: 5 State has 5 ~'ve met all tho s~to~ ~u~ts 6 ~ b ' f~ 6 ', for an appmval 7 it m ~ 7 M~ M~eiLL V~ g~d 8 n~t of-way 8 for ~o ~ ~ anyone have a { for tl~ 9 b~n ~ p~p~ 1 ~ back of ~ c~b 9 much Is 10 ~t ~o 10 ~s issue? Anyone 11 bmldm8 is ~lng ~ prop~ hno ~n 11 m ~ ~yono m ~ a ~ n~t 12 no~I, but &~'s at~ ? of r~m for a sid~a~ 12 I'~ close ~ ~m and ask 13 ~ m fao~ :onc~tng ~ $id~a~s, 13 ~e C tu~txons or a 14 ~auso' 14 mot:on 15 ~o n~t ~o ~s, ~ t has chosen to s~ply put 15 ~ mSHEL I move ~at ~o final 16 up ~ mon~ for ~ ~ b~ bruit w~n ~ road ts 16 p~t o Block A of ~st ~dus~al 17 budt m~ ~an 17 Pla~ bo a 18 MS Thank 18 M~ IS ~ a 19 ~hank you, i Sa~on 19 s~ond? 20 o~ ~ for smf~ 20 111 s~ond 21 ~ ~s so I ~ o~n ~o 21 l ~ond~ 22 fl~r , ad~s ~ &scuss~on? ~y ~scusston? 23 ~ ~ ~ ~ , p~o Moaon pass~ 5~ ~a~ 24 p~ent? Y~ V~8~ Sm~n~o 24 ~cn~ti~ono~n~tsapubhc 25 h~nng con--ms ann~at~on and ~mng, ~ cons~d~ PLA~GIA~ ZO~O CO~SSION ~nm~R 8, 2000 Page 5 - Page 8 68 , CondonseltTM Page 9 Page 1 I ~ake action ~gard~ng an involuntary annexation and I th~s? 2 service plan for appmmma~ly 1,370 acres m th~ 2 MR RI~HEL Could you ~m~ tho~ area~ 3 sought S~t~on of ~c C~ of ~nton ~c l~al 3 Just briefly7 4 d~cnpt~on~spos~ou~d~ I'll~md~fo~opcn 4 MS ~TCLIFF Yes Just let me get that 5 ~ls ~at ~s Is, again, I'm ~pcnmg a public h~ng 5 the ~l~ plan under ~ prot~t~on ~d p~vcnuon 6 but ~ pettt~on~ wdl be g~ven 15 ~nut~ to sp~ ~e 6 par~raph 3, the last ~ten~ w~ changed to, thc 7 sp~k~s m suppo~ will be ~anl~ a mamm~ of 30 7 MR MCNEILL what p~e n~rs arc ~ ou on 8 mmut~ and sp~k~s m oppos~tmn, 45 mmu~, five 8 there? ~at's the easiest way to Fred 9 ~nulcs~ch I&~nkat~spomt,~es~ff~sgomg 9 M~ ~TCLIFF P~O9 ~FM2449~35 10 to bnng us a ~on Ms Ratchff 10 stahon, which would be No 7, ts ~mg act~velx pursued 11 MS ~vcutw oood evening So~, my voice 11 at the p~s~t tune and will ~ b~t by the -- and 12 has &opp~ Befo~ you ~s evemng ~ have a pubhc 12 budgeted for ~ 2002 2003 unless c~c~tances ex 13 h~nng to consid~ annoxatmn and zomn8 on prop~ ~at 13 beyond the control of the CtW 14 ts pmposM to bo involuntarily anncx~ rote ~ C~ 14 MR MCNE1LL EXgU~ me ~o~ m ~ ord~ that 15 hm~B ~ts a~ ;s known as Ann~at~on A-101 It 15 am -- beeau~ that's not what I ~ hem ~c~ arc 16 con~ms appmmma~y 1,370 ac~ 16 words that ~ being added ~e~ ~ additions 17 According ~ the ann~ation sch~ul~, w~'w 17 MS ~TCLIFF T~S lS th~ ~VlSlOn 18 ~d ~o p~bhc h~nngs by ~ Cl~ ~uncfl, w~ch was 18 MR MCNEILL okay Got you 19 held on Oo~b~ 24~ and ~ was one m~tmg h~ld ~st 19 MS ~TCLIFF ~d th~ Station 9 ~s changed 20 m~t on Nov~b~ 7~ ~ Is a no~borh~d m~tmg 20 to Station No 8 21 sch~ul~ on &is pamcular annoxat~on a~ tomo~ow 21 MR MCNEILL Okay 22 ~wmng at fl~o MeNtor El~enm~ School Last m~t ~t 22 MS ~TCLIFF Then on p~e 10 under 23 p~ long We had a lot of co~nts, a lot of input 23 mamtcnan~ of roads and st~ts, I~m No 3 -- ~t d~n't 24 from &~ ~dents Bofo~ you, wo haw pass~ out 24 hua, tt .lUSt sounds d~ ~s Is b~ on the projected 25 mpons~ w~ have ~lv~ from ~ ~ldon~ ~at ~ 25 budd-out population of 14,000 ~d~ts ~d 300,000 Pago I0 Page 12 I ~v~ sm~ yo~ pacer was dehv~ ~ ~u ~'s 1 squ~ f~t of mdus~al developm~t, ~d ~s~mg there 2 also ~ ~vo pass~ out it's a s~a~ of ~e qu~Uons 2 wdl be addtttonal roads constmct~ as pro~rtx develops 3 and ~e arises from ~e ~tob~ 24~ pubhc ~nng for 3 -- ~d this ~s whe~ ~t changes -- ts anhc~pated that 4 bo~ ann~xauons 4 additional pe~onnel ~11 be ~qu~ m order to maintain 5 Last m~t ~6 Cl~ Councd vo~ to ~ow 5 c~nt levels of ~t~ at full de~ clopm~t 6 P~Is 73, 89, 90, and 88 from ~o p~pos~ ann~a~on, 6 specffi~lly states how many, at l~t ~o addmonal 7 from Tract 1 Oh, I'm so~ Is ~t ~t? Y~ 7 st~t crows and two offi~ p~nncl ~at w~ 8 R~t 8 ehmmated 9 M~ ms~ would you go ~u~ ~os~ again? 9 And ~ on p~e 13 und~ ~am~e ~ ~ce~, 10 MS ~TCLI~ Th~s~ a~ P~c~ls 73, 89, 90, 10 under p~raph 3, p~aph 3 Is el~nat~ and nex~ 11 and 88 ~ also ~ ~o s~lcc plan ~ s~cc 11 wording ts prowd~ Ea~m~ts ~y ~ n~cs~a~ to 12 p~n ~at is m yo~ packet ~s a ~is~on ~at ~uncfl 12 provide adequate ~atn~e 13 ~w~hstm~tat~c~rpubhch~nng F~m~o 13 MR S~DER Thep~kstte 14 ~ts of ~o ~tob~ 24~ pubhc h~ng, ~e ~den~ 14 MS ~TCLIFF The pgk stt~ 15 wan~ ~0 s~l~ p~n to haw mom mfo~a~on m it and 15 MR ~ER I ~n p~p~ ~t I ~l~x ] 16 stuff, at Gt~ ~uncll's lns~ctlons, ~ls~ ~ s~]cc 16 ~mcmber it 17 plan ~ be mom de~ ~af~nor 17 M~ ~TCLIFF Do you ha~ that one9 18 am~t~d~lastm~tat~o~en~on 18 MR S~ER It~I~m~r~t 19 of ~ CtW aRom~ ~smd of saying s~lfic 19 ~ction d~hng wl~ ~c p~k s~te, 20 p~sonnel, itjustsmd~addp~onncl ~J~t 20 MS ~TCLIFF Ycs, p~e 11 21 ~y~norc~but~cac~als~lc~t~ln 21 MR S~ER Okay We ~d -- we cl~tfied 22 ~ as pmpos~ pm~ much stays ~ s~o ~d ffyou 22 ~e langu~e to m~ it cl~ ~at ~ p~k s~te x~ enid not 23 woMd 1~ mo ~ go m~ ~il, I can ~ you ~ 23 bo put m pla~ un~l the populaion project,on x~ as 24 s~fic v~bi~ ~at ~ chan~, w~ch pa~ 24 r~ch~ of 8,000 populatzon ~e ~y it's c~tly 25 ~ M~ILL ~$slon~s, qu~ons on 25 wor~ it m~ it sound l~c ~ ~k is going to ~ put PLATO A~ ZO~G CO~SSION N~ .... ER 8, 2000 Pag~ 9 - Page 12 69 r- C°ndenselt~ Page 13 Page 1 I m munedlat~ly or within two and a half years I t~a MC~'EILL yeah We'~ ~lly p~sumg 2 MR M~[LL ~hat's 8,000 p~plc hwng m 2 that b~ause ~t's ~d of a donut w~m the ex~stmg 3 ~{s ann~ a~? 3 C~ hml~, ~s ~t co~t~ 5 ~ mSHEL ~d ~at ~ ~ 3,000 5 ~ M~ v~ 6 hom~ 6 MS ~X~ ~ C~ ~t s~ounds ~at 7 MR S~D~ ~t 7 pro~ cntl~ly 8 MR M~ILL o~y ~Bk yOU 8 ~ M~ W~t'S ~ ~sto~ of that? ~y 9 MS HOLT Howmanya~hvmg~no~ 9 was~atnotann~ do}ou~ow? ] 0 MR 8~D~ HOW many a~ hvmg ~ now? 10 MS ~TCL~ I ~ ~t was JUSt an ~or 11 Maybo 60 -- 50, 60 11 and th~ JUSt &~'t p~ek ~t up ~d ~ not~c~ a when ~ 12 MS ~TCLIFP Ymh ~e popula~on ~s in ~ 12 w~ going ~ou~ ~t ~t ~s a donut hole 13 backup ~'s approximately 60 single-family ~den~s 13 MR M~ILL oka) 14 and ~n mobd~ hom~ ~at's an ~t~mat~ population of 14 ~iR RE~CH~T A~ ~e ~e ~t was a la~ 15 about 200 15 donut hole and ~en xxhen ~ subd~ws~on Shadow Lake camo 16 MR RIS~EL was ~t mclu&n8 or ~cludmg 16 m, ~ w~ annex~ m~o ~ C~ volunm~ and it 17 Tracts NO 73, 88, 90, and 89? 17 exclud~ ~s p~cel h's mm~ by som~ne else So 18 MS ~TCLIFF ~t Is incluthng ~oso ~c~ 18 was just nev~ p~su~ at ~t ~e 19 ~ RISHEL lncludmg ~oso ~c~ 19 MR M~ILL ~ a s a ~nd of a boo~mg 20 M~ M~ILL which ~w now ~n ~o~, ~s 20 probl~ ~lly ~s xx~t ~e ~ w~ng ~ 21 ~at co~t? 21 Ms ~XCL~ On ~t ~CUl~ p~l 22 MR RISHEL That~ my q~t~on 22 ~ M~L Y~ ~t's what I'm ~mg 23 MS ~TCLIFF Y~ ~o~ yOU ~1~ ~onmg, 23 about, on ~at p~c~ p~cel 24 you a~ ~u~ by ~ sub&vis,on or&nan~ ~ make a 24 Ms ~T~ lk DISD ~d ~u~t to 25 ~enda~on on ~ ann~a~on ~ CIW ~unoil ~ 2~ volun~ly ann~ ~ sch~l sx~ ~at ~s pmpos~ on Ryan Page 14 Page 16 I will be ~nstdenng ~e ~st ~lng of ~ ordm~ on I Road It's P~cel 87 ~ ~ wanting ~teas~on of 2 Novemb~ 28th 2 wa~ and scw~ s~nc~ ~ ~ seh~l s~te 3 Also, last n~t ~y ms~e~ stuff to 3 M~ ~CL Oh~ ~ n~t ~sslon~ 4 p~p~ a map ~at wo~ld lllus~ato ~o u~ of ~ch of 4 Holt has a qu~uon 5 the~ p~ls, whe~ ~ey ~ undevelo~d, whe~er 5 MS ~OLT ~d }ou J~t g~w mo m a ~lly, 6 ~e~'S alhom~t~d ~ere or ff th~'s a ~erctal 6 ~lly shoa ansxv~ xx hy xx~ wo~d want to ann~ ~s 7 busmesslor a mobile home p~k, to u~ at ~e~ Nov~r 7 MS ~XCC~ ~ can ~e you s~l ~sons 8 14~ ~ly sch~ul~ work ~sxon 8 and kind of ~x~ you an ~d~ of what stuff d~d 9 At ~o~ work ~sston, ~ will ~ discussing 9 We ~Ve develops come m and say ~t ~'~ mt~t~ 10 ~e bound~, possibly ov~ ~uomg ~om mo~, and 10 m d~lopln8 ~m p~ce~, you ~ow, ~at a~ 11 ~wng ~ts in hou of annoxa~on, ~d the 11 undevelop~, ~t ~ bnd of out m o~ ETI, 12 l~ttteS of ~t and new ~nexation laws And ~at ~11 12 ~ose dov~lop~n~ ~ C~ ~11 ~ work s~s~on And 13 not be a pubho ~ng I'll bo happy to ans~ any 13 ~'d had one on ~s p~lc~ p~e, It's n~t in h~ 14 questions ~t you-all ~t have We ~ve 14 -- ~ would k w~g ~ d~op smgl~-famdy 15 ~p~ta~ves from ~h of the ~p~ ~ 15 ~ld~tlal and some co~l~ m ~e 16 ~g~&ng ~e ~1~ pl~ to ~r any qu~ons you 16 ~so, ~a~ ~ &d ~ ~ volun~ 17 havo ~latlvo ~ t~t 17 ann~al~on ~u~t by ~ omo ~ prowde s~c~ and 18 MR MCNEILL Co~lon~s, ~y ques~s for 18 b~ause of ~e n~ m l~k at ~rowng Ryan Road to 19 staffat~spomt? Ihaveonequestt~ It's just 19 m~sch~l,~cflms~smffmcons~ 20 a point 0f ol~lfi~tton ~s 3 626 ~ ~t's along 20 annexation on ~e ~c~ And so ~ have bm~t ~t 21 E1 Pa~, t~t's not ~ ~t ~p but ~t's p~ of ~ts 21 fo~ard to Co.cd ~d ~ ~ P~nmg and ~mng 22 ~ tt~ 22 Co~ssion f~ 23 MS ~LIFF Yes, s~, on ~s map 23 MS HOL~ ~ 24 MR M~EILL IS It on ~at map? Oh, okay 24 ~ M~L t ~ one ad&uonal qu~Uon 25 MS ~TCLIFF It'sal~ep~l 25 Onyo~p~I~n'ts~n~b~,my PLA~G A~ ZO~G CO~SSION N~x~*~ER 8, 2000 Page 13 - Page 16 7o ~ CondenseltTM Page 17 Page 19 I plctur~ Is too small, but I think that's 58, Isn't it, ] chscusslons about it so ther~ was no ~arant~s ~at 2 wh~ -- ~t*s just und~ ~c a~ w~ It says Ryan 2 ~t's ac~Hy what*s going to happen 3 MS ~TCL~FP a~t h~? 3 ~d ~ ~ard to ~c donut holc, whcn the 4 ~ M~ILL NO, JUSt to yo~ ~t Of ~at, 4 C~ ~cd apprm~ ~e annexation, should ~ approve 5 ~e w~ a~ ~y is ~at not mclud~ m ~s? 5 ~ ~ ~ ~n~ m make a finding ~at ~t ~s m ~e 6 MS ~TCL[F~ It ~S a~dy ann~ 6 pubhc m~t ~ do so As s~t~ ~rh~, ~ 7 MR M~EILL R'S a~dy annex~ Okay 7 ~db ~s a donut hole ~ 8 MS ~XCLt~P Yin, sir 8 M~ MO~O ~ und~smnd 9 MR M~E[LL That's the pa~al -- okay 9 M~ ~H~L Qu~non 10 You've ans~ my qumaon ~ank you v~ much Oth~ 10 x~ M~EILL CO~ISSIOn~ R~shel 11 qu~t~ons forsmf~ Okay ~nkyou 11 XI~mSH~L on my n~benng, and l don't know 12 So as I smd mrh~, ~s ~11 be a pubhc 12 x~ he~ I x~xo~ ~ls do~ n~t, I ~ote 73, 89, 90 and 13 h~rmgandI'llopenup~pubhch~nngforbo~ 13 8Shke~ M~ohad ~p~eofprop~wehaxc 14 annexatmn and zoning ~en ~e Co~ss~on vot~ on ~at 14 ~t ~, what n~b~ ~s that? 15 or mak~ motions on ~a~ ~t w~ have to bc ~o s~a~ 15 MS ~TCLI~ That ~s 89 16 motions But ~'~ going to have ~o pubhc h~ng on 16 X~mSHEL Thatls89 Okay Itlooks 17 bo~ ann~at~on and zoning, so if ~'s anybody when I 17 ~f~t on m) b~d and ~t looks d~ff~nt up ~ It 18 call for input ~at wlsh~ to s~k on el~ ~, ~'d 18 l~ks ~e 80 bm u may be an 89 ~ank you 19 en~m ~at at ~ s~o t~e 19 x~ ~l~mL o~ qu~tmns for stuff befo~ 20 ~ R~CHH~T mst to s~an~ ~ zomn8 20 ~ h~ from ~ au&~nco? ~ank you At ~s point, as 21 asp~ of ~s, if ~s ~ to be ann~, s~ff 21 I sa~d ~h~, I ~ ~t~at~ ~'~ going Io open a 22 ~o~enda~on is ~at ~ would zone all pmp~ ~ and 22 pubhc ~nng We haw a n~b~ of cards h~ but first 23 ~mt ~s a standard pr~ ~at ~'w done m ~o past 23 I R o~n ~t for ~ fo~s m ~ aud~nc~ ff anyone would 24 ~t's o~ most ~ct~vo ~nmg ca~o~ Ex~s~ng 24 ~e to ad~s ~s ~ssue 25 us~ would ~ able ~ con,hue and it would s~y m 25 F~ ~t's open ~t for fo~s ~at ~ Page 18 Page 20 I ~c~l until ~ go ~ou~ and ~one ~ who~ CtW 1 oppos~ ~ ~s p~cul~ motion Is ~ anyone m the 2 as pa~ of ~ ~e~pmmt Code 2 au&ence ~ho x~ ould ~ to sp~k m oppos~tion? If you 3 M~ M~ILL ~SSlOn~ MO~O 3 ~ ould so ~ pl~sc come fo~ard and s~ yo~ name 4 ~MO~O A qu~on for s~ff, ~ ~ 4 and yo~ ad~s 5 ~ Parc~ 73, 89, 90, and 88, why &d ~ ~uncfl ~ow 5 Tis D~ My nam~ ~s Eh~b~ Dlgdorf 6 ~ose? 6 ard l'm at 507 Ryan Road I had a m~mg ~th some of my 7 MS ~TCU~ Those pamculg pro~ 7 n~bors a f~ ~ys ago and ~ ask~ m~ to come tempt 8 o~s ~vo ~ ~ng about, and co~t m~ tf I us~ 8 ~d s~ m ~ ~lf m opposmon of ann~at~on I 9 ~c ~ong ~, a~cn~ cons~at~on ~s~ ~at 9 h~ n~t across ~ s~t from wh~ ~c n~ school ~s 10 ~mc cons~at~on ~s~cnts wo~d allow is a amah 10 going ~n ~ con~ of my famdy and my nm~bors, ~ 11 po~on of ~ pmp~ would be p~ for ~c family 11 ~ scx ~l-fold One ~s, obwously, ~c mc~sc m 12 ~ have ~r ~dcncc ~ and ~o ~amin8 po~lon of 12 ~x~ ~t ~H c~c from ~at And I'm s~ you'vc h~rd 13 ~r prop~ would ~ ~d~clopable It would just 13 ~c ~ngs ~f~ ~t I'm going to say but ~c mc~se 14 ~mn m 1~ na~al s~ 14 m mx~ ~s ~ 15 ~ MO~O o~y B~t, cff~uvcly, ~'~ 15 ~ my f~ and my n~bors' f~ly, my 16 going ~ ~nd up w~ ano~ donut whole, a~ ~ not, ff 16 n~b~ ~ on a C~x~ raceme ~s ~s, as you ~11 17 ~ ann~tion ~ ~o~? 17 ~ow, it s not a ~ of mcomc mx so ~f one of us ] 8 M~ ~T~IFP Y~, sir 18 ~m~ ~plo~, ~ St~H have ~ pay ~ C~ tax~ 19 Mm MO~NO o~y 19 ~d pa>~g ~ mx~ would bc fine if wc co~ s~ ~c 20 ~ M~ILL. 1 ~h~ l~al has a c~cnt 20 ~cfi~ from ~C But from leech8 at ~c p~n and for 21 ~ S~D~ lj~t ~ ~ c~ 21 w~ x~ h~, ~'s no m&ca~on ~t ~ w~H bc 22 some~ngMs ~satd Wcdon'twantm~vc~ 22 s~c~out~n~n~tf~y~rs Itl~ks 23 ~p~s~on ~t ~o prop~ o~s smd ~t ~ ~ 23 ~c fr~ ~ ~ s~cc plan ~t &at wo~d, d I 24 going ~ pm ~e~ ~ pmp~ ~d~ cons~agon 24 ~s~d ~ c~, ~t ~c u~h~, wa~, and 25 ~s~cnt, ~t was sm~ was ~t ~ ~d ~ some 25 s~x~ wo~'t ~ s~ cons~c~on for about fo~ PLA~G A~ ZO~G CO~SSION N~m~BR 8, 2000 Page 17 - Page 20 71 Cond~nseltTM Page 21 Page I years, four and a-half years on down the road And in the I currently had problems with flooding, w:th trash, and 2 meantlm~ there would be taxation there 2 ;vorker~ trespassing on the property 3 Wn do understand that this would entitle us to 3 So I know what thc benefits of being annexed 4 City fire and police protection How~er, we bebeve s,.'e 4 and brought into the City will be for me because I',,e 5 already have that protection sod from other areas, from 5 akeady had a httle dose of that We had a good road ant 6 the Sheriff's Department and from Argyle, and that the 6 on Hickory Creek Road and since the City has come m and 7 benefit does not justify the expense to my neighbors and 7 redone it, now it's pretty much -- sometimes when n rams 8 the people on Kyan Rend And so we are opposed to 8 hard like it has lately, it's unpassthle 9 annexation Those of us who live across the street from 9 But we're entirely opposed to this annexation 10 the school, w~ have several concerns with ll~ expense~ not 10 because the neighbors that I have across the road from us 11 being justified by the services Thank you 11 some of the neighbors over to the west further side of lis 12 MS MCNEILL Thank you veod much Anybody 12 have all retired and hve on fixed incomes and it wouhl b~ 13 have a question for Ms Dlerdurff/ Seeing none, thank you 13 hard for them to have to take on this extra burden of 14 Is there anyone else m the audience who would hke to 14 financial taxes that will be imposed on us through b~mg 15 speak In opposition? Please comc forward and s~atc ) our 15 in thc City 16 name and address, please 16 I behove that Is possible to allow the City 17 MR CALVI~RT o00d evcmng My name Is Tommj, 17 to annex in areas that developers want to dovolop And 18 Calvea and I realde at 5299 Sattlers Creak Road, which is 18 those of us that live out and are allowed to have some 19 some new gengraphy out south of Denton It's aotaall3 19 sort of a green space left, It's important to try to leave 20 north of Htekury Creek Road and south of Ryan Road My 20 a little b~t of agricultural green space out around the 21 family has approxunat~ly 140 acres in this proposed 21 City because at the ra~e Ws 8om8 now, thn way 22 involuntary annexation I believe it's numbers 103, 104, 22 hopscotch dcvclopmeat has been, you vail have a massn e 23 105, andl06 It'skmdofhardtoreadthatfromhere 23 ne~ghburbeod out there But we would hke to keep our 24 And also I have some down -- also, I havn 101, I02, 3, 4, 24 property m Ag and be able to hand a down to our children 25 $ and 6 and 7 101 and 102 are en the west side of the 25 so that we could provide a green space out on th~ south Page 22 Page 24 I SantaFeralkoadtrackwluchislsthafloodplam And I partoftown But m thc c~t rate that Ws gmng out 2 according to City staff awhile ago, they were ia]king 2 there, you won't have any green space for very much 3 about a devolopmeat that's going to take place somewhere 3 longer It's bong taken m pretty fast 4 in 81 to 100 which is also m the floodplain So I'm land 4 But it's not our intention to sell to 5 of confused how they're going to develop that 5 developers, never has been, and we would hke to stay 6 But anyway, our land was passed down to us 6 there But If we're annexed into the City, as most cases 7 Four generations of us live on this land My grandparents 7 usually happens, folks have to end up selling tbe~r 8 bought it in 1946 and they bought it as a farm and it's 8 property and moving onto another location And I've hx ed 9 still a farm We have producaon agriculture vath 9 here all of my hfe and would like to stay here and see my 10 hvestock and crops on this properly It wasn't bonght 10 farmly stay here Butlfwc'roannexedandwohaveto 11 for speculation It wasn't bought vath an mteut to sell 11 take on C~ty taxee, we most hkuly won't be able to do 12 foraprofit It was bought to be handed down genemtlen 12 that So, mretrospeetofwhatishappenmglsyou're 13 to generation so we'd all have a place to hve And 13 creating th~s urban sprawl themselves by taking us in out 14 that's whe~ we hve now Cttrmnfly, mymomhvcsthe~, 14 there m thc ntral areas And thcn we w~il havc to sell 15 I live there, my sister byes there, and my son hvee 15 and then this hopscotch urban sprawl flung that's starting 16 there So we hvc on this property W~havonodeslreto 16 to happen to Denton ~s golng to contmu~ Sci'inhere 17 sell a to developers or mnke a profit off of ~t Asa 17 tomght to say I'm totally opposed to ~t I'vebeeo 18 is now with the curreut depressed agncultor~ paces, It s 18 before the Counclt on their first two meatmgs and I 19 hard enough to pay tho taxes that we have on ~t now vnth 19 opposed a there and vail continue to do so Thank you 20 Ag production 20 very much for your time 21 I have development that has came m on two 21 MR MCI~EILL Any questions for Ivh' Calvert? 22 sidea of llle On the east sule I have the Ryaa Ranch 22 Have you done any rongh calculation as to what your taxes 23 development and on tha north side, tim prol~"ty that '~as :23 would bo if you wer~ annexed? 24 &scussed earlier is th~ Tl~stle Hill d~velopn~nt And 24 Ma. C~V~T ~o, s~r 25 since thc C~ty has taken that in and annexed that, I haw 115 MS. MCI~EILL ~ust thc City portion PLANNING AND ZONING COMMISSION N - -'ER 8, 2000 Page 21 - Page 24 72 CondonscltTM Page 25 Page 27 I MR CALVERT Tho Ctty has satd ~h~y wa~ I M~ MCNEtLL SO yOU am a busings owner but 2 doing some of ~t but ~ ~lly haven't come up ~ a 2 you hve out ~7 3 fi~el~forus I~mk~'~Hyunaw~of 3 MS THOMPSON Andwcdohavcsomcpropcrt) m 4 exactly how much land ~ have out ~ ~at's m 4 ~e CI~ of ~nton B~n ~xpa~s for ~ C1W of 5 a~lcul~ pr~uc~on I ~mk ~ saw somc ~d~c~ 5 ~nton, my husband and I, sinc~ 1958 and o~ palms 6 and some hom~ out &~, but I don't ~Hy ~ ~'~ 6 before ~at So we're not totally oppos~ ~ ~o C~ o[ 7 qmto aware of how much a~cul~ land ~s out ~ ~at 7 ~nton but ~ just don't f~l hko ~at w~ ~'m hwng 8 ~'re ann~mg m ~s pamcular proposal So I 8 out th~ ~s - ~at we would bonoht a ~t d~l from 9 haven't ~e~vM an~mg or haven't calculat~ ~t 9 being annex~ rote ~o Cny ~ank you 10 myself ~O, 8ir 10 MR M~EILL V~ good ~ank you Is there 1 l MR M~EILL Thank you v~ much 11 anyone else who would hkc to sp~k m opposlt~on to th~ 12 MR ~LV~T Thank you 12 motion'/ Would anyono ~Iso hko to sp~k 1o opposmon ) 13 MR MCNEILL IS ~ anyone cl~ who wo~ 13 Pl~sc corec fo~ard 14 hko to s~k? 14 MS L~TH~WOOD My name is Be~ 15 MSTHOMPSON Ladl~and~ntl~enof~ 15 ~ Ihvgatl188Hmko~C~kRoad Andl 16 ~ss~on, I am Dot ~ompson and I hve at175 Ryan Road 16 f~lhko- Idon'tknow~fanyofyousawanyof~e 17 And I ~ my ~m opposmon to ~s annexaUon ~s ~at 17 C~ Councd last mght or not but I ~nk ff ~ could 18 ~ promts~ of s~c~ am ~o and a haft y~s, po~ly 18 haw had a vote last m~t, ~t would havo pm~ much put 19 fo~-and-a-~If y~, or ff ~t's not conv~ence, h~ 19 a stop to ~s b~auso you would not have had ~e majonF 20 ~an ~t ~d I ~y don't s~ ~at ~ -- I ~ow ~ 20 that you n~ And ~e C~ plannmg was ~ng to fled 21 student was made last m~t at ~e pubhc h~ng ~t 21 out w~h~ or not, you know, ~ proe~ ~& ~e cost 22 ~ ~ pro~ang us And I'm kind of ~e~ 22 that ~t would cost ~ to go on and &aw up ~ pap~ 23 gentl~an who smd ~at se~ mo a hRle bn w~n 23 and ~mg ~at n~M to ~ done And so I ~Ib 24 ~'~ pro~tmg me ~n ~s ~nn~, ~at ~'g not 24 f~l hke ~at you'~ may~ flying bhnd ff you don t hax c 25 off~ m~ an~lng ~o~t a ~x b~H ~d I'm ~ 25 ~at mfomatlon Page 26 Page 28 I oppos~ of bmng ann*x~ Wo ~ doing qm~ ~ m~ I But most of ~ pmplo ~ against ~ We 2 ~c s~l~, ~ ~1o F~ ~t, ~c ~n 2 hvc on a fa~ out ~ on 145 ac~ Most of~t ~s m 3 CounWSh~ff's~t ~El~mchas~c~ 3 ~efloodplaln ~dhke~smd,~'~ngabou~ 4 of us ~u~ ~ ~s And most of us ha~c o~ o~ 4 developing ~at but ~ n~ to come out and l~k when 5 ~lls, o~ own s~t~c ~nk sys~s, w~ch we ~y not 5 fl~at boRom gc~ und~ wat~ and ~c rmkoad ~ack g~s 6 always love but ~ 1~ ~ hvo w~ ~m and ~ 1~ ~ 6 be~n ~t and ~ w~ m~ng about closing some road~ 7 ~e ~o ~pmv~ts when ~ ~ n~ 7 on Bonmo Brae b~ause of ~ ~so of bmldmg a 8 8o I ~Ry don't ~mk ~at - I can sg~ 8 bride, weR, when you m~ about budding a bnd~ from 9 n~ maybe for ann~lng ~o school ~ I can s~ a n~ 9 ~c rmkoad ~ack aH ~ou~ ~at boRom to conn~t up 10 ff ~ Is a prop~ ~at Ws m ~o ~ows of 10 w~ Fa~ Road 1830, well, you'~ going ~ bo looking at 11 d~elopm~t, ~at you n~ to ~ aware of ~at, but ~ ~ 11 mo~ mon~ ~an Ws going ~ cost to ~lace ~ bridge 12 m yo~ ~z ~ and you have a lot of j~sdictlon o~ 12 on Bonmo Brae 13 us a~dy But ~ ~ us rote ~ Cg~ and ha~g ~ pay 13 And I Just f~l hk~ ~t we've all spok~ and 14 o~ ~x~ and wmt for s~c~, ~t's ~1I) -- ff you 14 and C~ ~ about working up some ~o of an a~mcm 15 ~ ~ to ~v~ us s~c~, ~en I ~ you'd has~ a 15 wl~ ~o landown~, ff we w~ ~mkmg about developing 16 meg poslt~w app~ch ~ ~s from ~ ~pl~ ~ho ~ 16 or somc~ng, ~at ~ would lot ~ C~ ~ow 17 ~ but ~ ~ oppos~ ~ taxation ~out any s~ 17 p~so, d~clopmgbut~fwe~gomg~seRit, you 18 being g~v~n ~ you 18 ~ow, ~t ~t was going to bo changing ~ you know 19 ~M~LL qu~ons for~ ~ompson? I 19 mostof~cp~p~a~blo~atff~just 20 had eno qu~tmn I wag~ you I ~ ~ ~fom ~ 20 l~w tt alon~ 21 Cl~ ~ml Don't you haw a busings m ~ C~ of 21 But ~e donut hol~ ~t you ~& abouh 22 ~ton? 22 ~at's seining ~t ~ Cl~ ~s causing, or ~ 23 MS ~OM~ON WO hv~ in ~ C~W of ~ 23 develop~s &at com~ ~n and want ~ ~ annoxM, and ~at s 24 un~l1964and~'~m~s~ Y~,~vdo~vea 24 kmd of a catch 22, Is~,f~you It's not so~ng 25 b~m~s 25 ~lly ~at you're bnn~ng on yo~seff &at you wouldn't PLA~G A~ ZO~G CO~SSION Nc .... ER 8, 2000 Page 25 - Page 28 73 CondenseItTM Page 29 Page 3 I choose to have that, but whan you have to go out and, you I MS LEATHERWOOD On City Council or anything 2 know, extend your sewer hnes wale:r, and all these to 2 MR MCNEILL when we work overtime, we get 3 these developments to kecp them from ereatmg these fresh 3 paiddouble Anyqueshons? Thank you very much Any 4 water districts or whatever, }oo know, that you do have 4 questions7 Thank you very much Thank you Anyonv else 5 legitimate reasons for domg that But I think that, like 5 who would hke to speak m opposmon? And it's not 6 it was satd last night, w~'rc la a catch 22 kind of 6 clear, Trace Moffatt has filled out a card and wants to 7 beaausc v~'re sl~ng the~ and because some't~ng else on 7 speak, is that on th~s tract? Okay Thank you Anyom. 8 th~ outside of us has been dm eloped or a prospector oomes 8 else who would hke to speak m opposition? Anyone else 9 m and develops It or ',.,,hate',er, you know, vault, it's a 9 hke to speak m opposition? 10 differentthmg ¥.echdn'tcausethat Wnjust happen to 10 Is therc anyone m the aud~ence then who wmdd 11 bo the~ 11 like to speak an support of this motion? Anyone in th~ 12 And Tommy Calvert talked about the road, 12 aud~eaea who would hke to speak in support? Anyon~ hkc 13 Hickory Creek Road x,V¢ had the best wad that we'd had 13 to speak in support? So we'll close the public hearing 14 for years out there ¥, · finally, got a badge that was up 14 and at this point I'll ask staff to make any closing 15 high enough going back east to Tcasley Lane And when 15 comments about th~s 16 that developer across from us we d~d not get any 16 MS RATCLIFF Tha development that I noted to 17 notaficatious on any of those pubhc hearings because they 17 you earlier, it would all be north of the Htckory Creek 18 have developed east of us on ~ south s~de of tl~ road 18 Road This is wher~ the developer potenttally has 19 wha'm you join that propaiy like McNalr School there, you 19 development in the future 20 know "~hay may ha'.c posted those signs or som~thmg way 20 Mn MCNntLL nas thc developer made 21 at the back but, you know, we didn't travel down that road 21 apphcattoas or they've just been mqmnea? 22 there 22 MS RATCLIFF Just been inqumes 23 But, any~ay, they'~e messed that road up Wo 23 MR MCNEiLL okay Thank you 24 used to have a dnxewny that ~¢ come out of our day.ray 24 MS RATCLIFF Also for the benefit of those 25 and we just got nght on our rusd Welt, now w~ haw 25 resulents who do not hve m the Caty hrmts, we do not Page 30 Page 32 I something that goes down lake th~s because they'vn dug I notify persons outside of the City hmits of any zomng 2 that road out and w~dened tt and tore our s~dn up, whch 2 cases 3 was a County road, and bmlt th~s ramp thing for us to get 3 Ma MCNEILL okay Very good Commissioner 4 in and out of 4 Morcno has a quest~oo 5 We called up here se~eral different t~mea to 5 Ma MOR~NO Just a very basic or elementary 6 get an engineer or something ~o talk to us about ~n ff 6 question but what controls, ff you want to call them that 7 we was going to have a driveway to get out of, how we were 7 does annexataon prowde that being in the ET~ does not'~ 8 supposed to get out of our place Now if at's ever ~oy or 8 MS RATCLIFP It do~ providn zoning control 9 anything and we start down that, no telling wh~ wa'il 9 Currently in tt~ County areas, there ~s no zoning - 10 endup, youknow Butlakel, ouaald, and that bndge 10 zomngoontrols- controls th~ use of the property, the 11 them now, my son-m-law left Sunday whan ~t was rammg 11 design and layout of the property Our current orthnances 12 hard, and tl~ way they've got the drainage, there's no 12 that are in plans today, v~ can dictate thn densaty, the 13 drainage on that badge down the~ and it just holds all 13 appearance of fha development, and make sur~ that the uses 14 of that water and the water was up to th~ runmn$ board 14 arc compatible to one another, and they'r~ reviewed by 15 And that's the new badge that e~ ~dently the butlders 15 Planning and Zoomg Commtsstoo and C~ty Conned for any 16 fixed that side of the road and that was approved and 16 changes In the Coanty, smcether~asnozoomg there 17 everything 17 is no control of uses other than by the property owners 18 But I just really do feel like that you really 18 themselves 19 need to know the mfurmation that was discussed last night 19 M~. MOaL~O okay So what controls does 20 because, ha$~cally. I thought we bad som~tlung worked out 20 being m the ~J 21 ff it oould have been brought to a vote last mght But 21 MS P,~?Ct~I~I: ?haoantrolsthatwnhavem 22 legally you have to go through all your stages, you know 22 the ~TJ er~ subthwsioo controls Tlus toils ff you put 23 But, anyway, thank you I appreciate it I don't know 23 m a subd~vis~on, you have to meet the mmnnum 24 why any of you would want 0aese.tobs 24 requu~meats of the subdivasaon ordmanoa for all your 25 IV~ MCI~ILL 'thank }ou 25 pubhc nnprovements, which would mainly b~ the streets PLANNING AND ZONING COMMISSION NOVEMI~ER 8, 2000 Page 29 - Page 32 74 Condena~ItTM Page 33 Page 35 1 Most peoplo m the County have wells and septic systems 1 MS RATCLIFF Immediately upon annexat~ou 2 and those have to meet the rextmremeats of the Slate and 2 they w~ll havc pohcc service, thcy will have f'tre 3 the County 3 protection and prevcntion 4 MP~ Moi~,v~'o so ff I'm understanding you, 4 MS HOLT Hut I thought the f'ue was -- the 5 bas~caIly, It bOLl~ down to no zoning versus some zoning 5 responsc time was a htllc b~t slow and ~t would bc not 6 controls and tho~e things that come with ~t OramI 6 unul 2002 or 2003 when thc ncw fire station was bruit 7 nversmaphf3nng'~ 7 Is that correct? 8 MS RA'I'CLIFF That's a good thumbnail sketch 8 Ms ItnTCLIFF WC would st~ll service them but 9 MlcMolu~o okay Thanks 9 becausc of thc dcvclopment m thc area, theC~tyCou~c,I l0 MB. IvI~'N'EILL COIIUUlSSlOn~i' R~shel 10 has that In their LIP plan, some budgctmg for the ne~ 11 MR. RISHI~L could you, once again, review 11 fire atetton 1:2 w~th me the discussion on why Tracts 73, 89, 90, and 88 12 Ms Hot:r Is their response t~mo from Avgyl~. 13 were taken out? 13 faster than it would be from wherever they would be cotmag 14 MS RA'rCLIFF Thet was Just one of the 14 in Denten? 15 motions that M.r Burroughs made at the end of the heanng, 15 Ms R~TCLIFF That Is what the residents havt. 16 because the~ had been thseuss~ons of poss:ble ag~erneats 16 slated to thc City Council, yes 17 for conservation easements on these properties 17 Ms HOLT okay 18 MR. ms:~a~, okay And are any of the people 18 Ms RATCLtFF One of the dlstanet~oos to 19 that ha~,e telkad t~us evening in any of those pst'eels? 19 make, some people perceive that when you are In the C~ly 20 Ms P. ATet.tFF NO, sir 20 limits that you automat~eally get water and sewer ser,,~ces 21 MR. RISHaL okay And what ~s the lax, end 21 and that Is not so With any kind of development that ~s 22 tax result for the people that have been a part of th~s 22 In the C~ty, the developer pays to extend the water and 23 thscusslon't How would thor laxe~ be affected? 23 sewer lines and pays for that extension And then when 24 Ms RATeLIF~: HOW would their taxes be :24 the home is budt, the builder pays for the lap onto the 25 affected? 25 hnes To get water and sewer, these residents would ha~e Page 34 Page 36 I MIL RISHEL Dollar and cents-w~se i to pay for that .lust like anyone in the City hmtts today 2 MS RATCLIFF They would be taxed 2 MS ~OLW okay That would be on top of 3 approxLmateI~ 53 cents per $100 00 evaluation of then' 3 their taxes 4 prop~'ty 4 MS RATCLIFF Yes ButmostofthescaL, v. ad~ 5 MIL RISHEL And what are they taxed now? 5 havo septic systems and water wells They ar~ not 6 MS RATCLIFF The City has no taxes They 6 required to lap onto the water and sower hnes at th~s 7 have County taxes, school taxes 7 nme 8 MIL RISHEL And a~ par~ of' these County 8 MS HOLT okay 9 taxes no lang~ a part Of that? 9 MS P,A'rCLIFV m your beckup there's 10 MS RATCLIVI: YOU stxll have to pay County 10 mformat~on tegerthng thc proposed water and sewer lines 11 taxesffyou'n:mthaC~tylmatts 11 MS HOLT okay Andthealftluslsnot 12 MR. RISHEL okay And Is them st~ll 12 annexed, what vnll the school thstoet do? 13 homestead exemptions that me available to them w~th 13 MS aATC~.tVF tf ~t ~S not annexed, ~t ts my 14 regard tO the City? 14 perception that Council would annex the school thstrlct 15 MS RATCLIFF Yes, sir And there's still 15 site and possibly some properties along Ryan Road because 16 all your exemptxons where the appraisal d~stnets em 16 currently thc school d~stnet site Is not coot~,uous to 17 still applicable when you're in the City lmuts 17 thc City hmlts We have to annex properUes of - 18 MR. RISHEL okay Thank you 18 MS HOLT where is the school district slte~ 19 MIL MCNEILL Conumssloner Holt 19 MS R~TCLtVF tt doesn't touch any of the 20 MS HOLT I have a couple of questions One, 20 City hnuts 21 ~t seems lzke one of the reoeeumng problems w~th tlus ts 21 MS HOLT okay Okay Thank you 22 the restdants having to pay taxes and not reentvmg the 22 MR MCl, mILL ¢onumsstoner Moreno 23 servtees for two to four yesrs Is there any reeson ~t's :23 M~MOR~t~O ~ustooeortwootherquestlons 24 SO far otlt there? Is ~t just logistics, we can't get ~t 24 I'm assunung that there is no meohamsm fer deferral of 25 fimshed any faster, or what ~s the reasoning belund that? 125 cay ~axes for a period of tune, say, two to fottr years'~ PLANNINO AND ZONINO COMMISSION ]~'""'~" 'qER 8, 2000 Page 33 - Page 36 75 CondenseltTM Page 37 Page 39 I MR, SNYOff, R The statute already has a I You may want to give a range of response times or 2 built m one year, taxes won't be acoossM against these :2 something like that 3 properties until one year after the annnxaaon But to :3 MR GILLETTE I really don't have that 4 answer your question, that question was asked last night, 4 information or know for sure, but l'm pretty comfortable 5 v~'re looking at that question, researching it, but I do $ saying at least eight to ten minutes IS my estimate But 6 not hah~va th~r~'s a mechanism to do that, to defer 6 I don't have that data right here to know that for sure 7 taxes I guess thn only way you could do 3t would b~ some 7 We could get you that reformation but I'm.lust guessing 8 type of aIFe~ment m hen of annexation whe~ they would 8 right now with what I know 9 be outside the City heats end would not be taxed and -- 9 MR MORENO All right, sir Thanks 10 but that's loon of the things we're resenrcbang for the 10 MR MCNEILL cormmssionor Gourdie 11 City Council for their meeting next Tuesday t I MCi GOURDIE I do have one question for you 12 MaMOUnNO okay Anotherquest~onvnth 12 So right now lf any of these folks have a problem, Argyle 13 regard to fwo protection On page 9 under No 6, it says 13 Is the first response for any situation that happens out 14 that there's no automatic aid agreement with tho Argyle 14 there other than EMS, is that correct? 15 VolunteerFlreD~artment Doosthatmecniftherew~rea 15 MR GILLETTE correct If they had an 16 fire m one of these areas that the City of Denton would 16 incident of a fire and they called 911, A~gyle would be 17 not help'/ 17 the initial response We would only come if they called 18 MS R,~'rct.tvv t 11 give you my understanding 18 for assistance 19 and ff th~ representat~vn from the fire dcpartmant would 19 MS GOURDIE Okay And to eovor the cost, 20 hke to daborata, he's welcome to There's mutual md 20 the Ctty pinked up the cost for any £TJ emergency :21 agreements and automatic md agreements Automac a~d 21 situations Is that how that works? 22 asxeernent is if there's a fire, ~verybody comas And if 22 MR GILLETTE We do not provide fire semce 23 it's a mutual aid -- is this correct? 23 m thc ETJ 24 MR, MCNEILL. L~t'S hear from tho fire 24 MS GOURDIE okay Ms Ratchff, I have a 25 depamnem 25 questton for you, please Please refresh me concemmg Page 38 Page 40 I MR OILLItTrl/ My annie 1s .Iohn Gillette with I why this wes done I reahzo you said that the school 2 the fir~ department There's a big difference between 2 district had asked for th~s annexation But being that 3 automatia aid and mutual aid Automatic aid ~s if we had 3 thc school district is just a very small portion of thls, 4 contracted with Argyle to prowde a service, in the/r 4 I'm cunous as to why it extends other than to ~ake some 5 thstnct where they could in turn g~t there qmckor than 5 donut holes and to make some continuity between the Cay 6 we coold ~and if we had a eontxect that we could got 6 hm3ts that are ex~stmg and what oould be exmmg I'm 7 somewhere quicker in Argyle, we would have an automatic 7 just a la~le perplexed at how large th~s is for a school 8 response from the dispatch of the County But we don't 8 district request Dccs that make any sense? 9 have that,airecment with them in place That's what 9 MS IO. TCl.a:~ well, the school d~stnct only 10 automatic aid would be 10 asked for 18 aer~ to b~ annexed I 1 A mutual aid agreement is when we'r~ at a -- 11 MS OOUaDt~ okay So the City just took the 12 they're at an lnuldeat and they're aslon8 for our services 12 step to try to filhn where we're going 13 for help ~But their tnc3dent commander or ~ 13 MS RATCLI~ Yes, ma'am 14 d~partmeht representative would nobly the County to 14 MS OOURDI F.. And why Is It that we can't, 15 notify D~lton PD that they n~ig:ded mutual aid assistance 15 when they start paying the taxes, that we can't provide a 16 for that area Now, we currently provide ~MS service, 16 fire department qmck~r down there other than I know the 17 emergency medical services tn those areas already Butwe 17 cIP and so forth, but there's no way to bnng any extra 18 don't have an automatic aid agreement vath Argyle So 18 servic,~ to these folks once they are annexed 19 theressabtgdifferenoo We wouldn't como for thc 19 MS ~.TCCI~F wcll, there's physically not a 20 initial call We don't prowde f'tm prolecaon out of our 20 station m the area but it ~s budgeted for 21 City hinds unless they call for assistance 21 MS OO~.IRDn/ mgh~ Okay Thank you 22 MR MOUnNO okay But at the point that tins 22 MR MCh~mL other ques~ous? I have one 23 area is, assuming that it is going to he annexed or It 23 question then Roughly, if they t~e onto the City water 24 wdl be aBnexed, what would be your ~ponse time to those 24 hne, th~ have to pay a tap fee What else would they 25 areas? I know that's an awful big ~ to look at there 25 have to pay and approximately what would that cost a PLANNING AND ZONING COMMISSION NC"'"'~'""ER 8, 2000 Page 37 ~ Page 40 76 CondenseltTM Page 41 Page 43 I resident of this annexed ama to tlc onto our water hne? I sometimes am delinquent m providing at least t~mely 2 MS RATCLIFF' Iwould delex that to Mr Tun 2 services that meynot bcas adcquatcas we'd hketo haxe 3 F~sher 3 them m par~ of our commumty and I say that ~n all parts 4 MI~ MCNEILL I f~gured yOU would 4 of our commumty It stakes mc amazing really that 5 MIl FISHIm ooodoveamg My name is T~m 5 havclll orll2p~eeasofpropertyhere, someofwhmharc 6 Ftsher I'm Assistant Du~ctor of Water Utd~t~es Thc 6 owned by some of thc penple we have hem m our audience 7 standard f~s basically would bo if a physical connection 7 mulnplc dill*rent s~toatmns 8 had to bo mede and a meter set Those am standard tap 8 But Ws amazing that we have that many 9 fees to pay for that work That mas anywhere from about 9 dfffexent parcels of land and wa have four or five people 10 $600 00 to $1,100 00 dgpenthng on whether there's street 10 to speak against that It's amazing to mc to see that 11 cut revolved An unpact fee for a three quarter inch I 1 more people are not here ff they're against ~t or do I 12 reeter ~s $2,044 00 assuming water serwea only If water 12 need to prestune, and I don't want to do that, that all th~. 13 and sewer is combined, that's apprommately $2,500 00 13 rest of thc people that are m those areas m those 14 MR MCI~EILL ac if I kgpt up w~th your 14 pureals, own those parcels are ~n agrtmnent that they 15 numbers, that could cost an mdlwdual ns h~gh as 15 would hko to bo a part of the City And because I don t 16 $3,100 00 to t~e onto water? 16 see a larger oppos~tzon, I can only presume that that 17 MR. PlaHER with th~ cxcq~t~on that you 17 perhaps Is the ease 18 haven't included the hno cost 18 I have felt for a long t~mc that Ws 19 MR. MCI~ILL mght Okay Very good Thank 19 unportant for us, as a community, that wa find ways and 20 you very much Am ther~ other quest~oos or comments from 20 mechamsms to ~mprove our conunumty and the services that 21 tho staff'/ 21 wc dchver and we feel s~ongly about that and I think we 22 Ma RATCUtI~F NO, s~r 22 work dd~gently to do that for everyone that ~s a part of 23 MR MCNEILL okay Vl~y good Oth~ 23 our commumty I think also that it's ~mportant for us 24 questions from thc Comnuss~oa? All right I vnll close 24 particularly to control our floodplmn and our water that 25 the pubho l~anng on th~s part~oolur item and renund th~ 25 wa have m our commumty and that we know that it's pure Page 42 Page 44 I Conumssion that we have to do th~s as two motions Wc I and safe and ~s thc best w~ can dchver to ov~bedy And 2 have one conoarmng a recommendation to tho City on 2 that's one of thc reasons I want to support annexatmn of 3 annexation and th~n, after wa deal with that, wa vnll have 3 th~s property ~s I think it g~ves us an opportomty to 4 tohold--wo'vohcldthcpubhcheanng We'll havo to 4 controlourdeetmyasaC~ty And~fwedon'tdotha! 5 have a inchon and deal w~th thc zoning So ther~ am two 5 now when wa have th~s opportumty, I flunk and I fear that 6 s~aratn issues Any d~souss~on or a motion? 6 we will lose that 7 Commissioner R~shol 7 But I do, once again, empath~z~ w~th thn g MR IUSHI~L M0t1on I move that WO approve a 8 taxatmn s~tuatmn that you're going to b~ concerned 9 recommendation for cons~deration of annexation for SubJeCt 9 about I would support tax mhcf ~f wa could find a 10 1 lB to tho City Council 10 meohamsm for that and I hope that the C~ty Councd will 11 MR. MCNI~IUL It'S b~n mov~ that w~ 11 pursue that vigorously ~n trying to find out what wn can 12 recommend approval of tl~s annexation of uppmaknatoly 12 do, part~oolurly when we cannot dchver servic, es for 13 1,370 acres minus tho pl~:~s that havn b~n r~noved to tl~ 13 s~veral ymrs down tl~ road 14 City Council Is ~ a s~cond? Is th*m a s~ond? 14 Ma MC~'t[U very good Other comments from 15 Ma OOURDI~. 8eoond 15 theComm~ss~on? Any discussion? I faded to ask one 16 MR. MClqEII& Motion has beon moved nnd 16 quest~onandIneodtoaskstaffoncquest~on I'msorry 17 seconded to recommend annexation to th~ City Council Any 17 My quest~oo concerns what's thc thff~a~nco m ~valuanon 18 d~scuss~on? Any disoussion? 18 m rca'ms of taxation for Ag? Because these properties 19 MR. mS-lEK Yes, s~r 19 pamcularly these folks who spoke hem tomght, they - 20 MR. MCh'~LL O0 right ahead 20 MR. sm'o~ vll answer that 21 MR. mai-IEt. I would L~ko to, first of all, 21 M~ MCl~t[~ okay 22 thank th~ I~oplo ~hat have participated in thts process, 22 Ma RnTCt. IFI~- Idon't know thc answer so 23 Mrs Dlerdorf and ~ Calv~ and Mrs 'Faompson and Mrs 23 Ma. sm'oga. Tho way thn apprmsal d~smct 24 Leatherwood I understand and uppz~oiato th~ doquenoa 24 does ~t ~s they appraise property based on market value 25 that you havn put forth tl~ arguments of services that we 25 and Ag value Ag valoa is usually a va'y low value so the PLANNING AND ZONING COIdlVflSSION 1~ .... 'ratER 8, 2000 Page 41 - Page 44 77 CondenseltTM , Page 45 Page 47 I tax rata Stays the same But what happens is the actual I MS HO! T So moved 2 taxes is much lower if they have the Agricultural 2 MR MCNEILL okay It's been moved that we 3 exemption In order to qualify for that Agricultural 3 do rezone this property as stated by staff Is them a 4 oxemptlqn, they basically have to have an active Ag 4 second? 5 opera,on such as either some typo of famung operation 5 MR mSHEL Second 6 out tbo~ and they have to qualify through tho appraisal 6 MU MCNEILL tS them discussion? Seeing no 7 &strict for that I don't know If that answers your 7 hghts, vote on the board, please Mot~on passes 5 0 g question ,or not 8 UNIDENTIFIED SPEAKER Can I malco a comlllellt? 9 MR MCNEILL It do~ and then, I guess, part 9 MR MCNE!LL t don't think you can do that 10 of my question is then, I need a ballpark flgtu~ trying to 10 I'm sorry This issue ~s closed I'm sorry Th~s issue 11 figtu'~ out what lt's going to cost If a l40 acm farm 11 ~s closed unless tho Commlss~on wants to henr - I'm 12 comesul, whatarctheygomgtapeytheClty? 12 sorry Ijustcan'tp~m~t- thankyou 13 MR SNYOER well, thc taxes -- if you have an 13 Thc next item then is It~an 12 on our Agenda 14 Agricultural ex~-nption, I can't 81ye you a ballpark but 14 and I behave Ms Ratehff has a staff report on that 15 ~t'sgolngtobo--ifyouhaveanAgnculluralexemption, 15 MS RATCLIFF Yes, sir Bcfom you this 16 your taxes arc going to bo fairly low compered to if it 16 evemng, we have aunther public boanng to consider an 17 was assessed at market value And I don't have those 17 involuntary annexation and to, if this property were to be 18 numbers, I don't know if any other member of staff does 18 annexed by the City Council, to consider zoning tlus to 19 MR McNaILL Anybody in staff who eau give us 19 Agricultural Th~s property that is under consideration 20 a ballpark for that? Okay Very good Thank you 20 for annexation contains approximately 1,711 acres of land 21 MIL SNYD~R well, just to give you an 21 Last night, the City Council voted 6-I to 22 example, you may have an Ag value per acre for farmland, 22 remove all of Tract 4 and this portion of Tract 2 The 23 and I'm just throwing this figure out, I don't know that 23 purpose for excluding those pieces Is because they were 24 thtslswkatitwouldbe.,ltnughtbo$10000value I 24 alrcadydovelopedparcela The rcmammg p0rtion of the 25 don't know Maybe these people know But as compared to 25 annexation, there are some other houses on it but these Page 46 Page 48 I the 2000 value for aotual fair market value I don't know I are more lake subdivision areas Tho vote on that was 2 what the fair market value for this prope~'y Is out hero 2 6-1 City Council also voted 7.0 to make tho same changes 3 but they do substantially :g:duce the value 3 to the service plan as it previously s~atad in Annexation 4 MILMCNEILL Thank you very much Anyotl~r 4 101 And if you would hka, I can go over those agam 5 question~orthscussiouonthismotlon? Are you resdy to 5 MRMC~qltlLL 2xcusemc I was tt~ng to keep 6 vote? Hgarmg no opposition, I'll call for tho vot~ then 6 up with marking out what we were taking out hem Would 7 Vot~ on the board Mattonpesses3-2 7 yourepestthatagam? I'msorry g (COMMISgtoNRRS HOLT AND MCNF-IL VOTED IN 8 MS RATCLIFF Council voted 7-0 to mnkc the ~) OPPOSITION) 9 same exact changes to tho service plan as in the previous 10 We will now -- I will cow antietam a motion 10 service plan And if you would hke~ I cue go over that 11 to consider rczomng thls property Staff, would you hke 11 again 12 to make a report on that? 12 MIL Max'S!LC conumsstoners, do you need her 13 JM~ RATCLIFP ?USt to remind you, this 13 to repeat that? 14 property Is currently unzoned and we arc recommending if 14 Ms EATCLIF~ They were pretty nununal 15 City Coanoil does annex th~s property that it would be 15 changes 16 zoned Agricultural which is our most restrictive district 16 MR MCl~£ILL okay Very good 17 h woulc~ maintain, basically, thc status quo of the 17 Iris RATCLtFF Also, as on thc hist 18 development on th~ property 18 annexation, Council will bo having a work session on 19 MR MCl~ILL okay Very good Any questions 19 Tuesday, November 14th to consider all tho parenls and 20 for stafE concerning th~ motion before us or th~ potential 20 possibly revising the boundaries of thc annexation and to l I moUon l~forc us of rczomng this propeat'y, rccommendmg a 21 discuss the posslbthties of development agreements m 22 rezomng of this property to Agricultural to the City 22 bou of annexation and those l~gahties and new annexation 23 Council? Any discussion or questions for staff? Thank 23 laws Agum, that Is not a pubhc boanng People, they 24 you very much Is there a motion on th~s item to cbongo 24 can atamd thc meeting It is just not open for public 25 the zoning of this property, assuming it was annexed? 25 discussion PLANNIN~ AND ZONING COMMISSION N'""~' "~ER 8, 2000 Page 45 - Page 4~ 78 Cond~nseItTM Page 49 Page $1 1 Tho~ v/crc two pubhc hearings that have bccn I exclude them because most the other parcels arc large 2 held on th~s They werc the same as thc previous 2 developments that could b~ subdivided 3 annexation that were held on October 24th and November 3 Ms C,O,.U,.OIE. SO how -- well, okay So wc'rc 4 8th Ther~ was a neighborhood mwtmg that was scheduled 4 ETJ t mcan, v~'m annexing cveryt~ng aisc around Thc $ Mondaymght, November6th Thcrelsasummarythatv~ $ hbraryeomcsm Whatprcchidcsth~sopeoplcfromusmg 6 haw passed out to you of the commeots and qu~stious that 6 our services7 Who's going to say, I'm sorry but you'rc 7 wcr~askcdatthemcatmg Wekadav~ygoodatt~ndance 7 notarcs~dcntofourC~yandyouhvomtho~$ I 8 Most of those i~:ople wer~ present last mght at thc 8 8u~s what I'm saym~ Is It dce.~n't flow very well Here 9 hcanng 9 v~ ar~, wa'va gel a hula pocket of people and if a fire I 0 MR RISHBL Today Is thc 8th You just said 10 Is la Happy Acres and the people next door, it's kind of 11 there was a pubhc hcanng hold rc~ardmg lhis on the 8th 11 hka that fire plaque at the tom of the ccnlury where If 112 MS RATCLIFF l'm sorry, November 7th 12 you s~ercn't swth thc right f'u'o insurance, they let thc 13 MR RISHEL okay October the 24th and 13 house burn down Bat If you had thc right plaque up 14 November tho 7th 14 there, they'd put ~t OUL So I'm Just wondering if we're. 1 $ MS RATCLIFp Yes, sa' Excuse me 15 creating a problem ho:re You know, someone calls for 16 MS. MC~mCL ti probably terminated the 8th, 16 help, can't get help because they're really urJ but their 17 thdn't It? 17 neighbor is C~ty 18 MS RA?CLIFP Bffeetiv01y, yes 18 MS RATCLIFF- It was staff's recommendation 19 I~MCI~ILL F~xcuseme Ooahcad 19 toanncxalloflt 20 M~ 10,TCIAFI~ ~hcre is a service plan 20 Ms ~ocri~m. okay Thank you 21 attached Thoro arc copies provided for you of those 21 MR. MCa'acc. commissioner Rashel has a 22 residents who sent in then' wn~a prot~t that v~ 22 question 23 received after your packets v~ro dehvcrcd last weell 23 lvm. RIS~:~C 1t would help me and I've just 24 Those kayo boca passed out Staff vail t~ happy to 24 done that before x~e came, if them was an overlay of what 25 address any qucstious that you have on thts proposed 25 we have just looked at previously on the map that you have Page 50 Page I annexation and the proposed zoning of flus property to I here because it seems so logical that we're making a 2 Agricultural 2 natural progression here So if we could take a look at 3 MR. MCNEILL comrmssioner Oourthe has a 3 that overlay, I would appreclata it to kind of help the 4 question 4 autheoce understand who~ we're cormng from 5 MS OOURDIE. I do have a question On Happy 5 MS RAT(~IFF- when you say overlay, shovang 6 Acr~ which I guess was removed, the orange part -- 6 both annexations~ 7 MS RATCLIFF. Yea, ma'am 7 MR.RISHEL R.l~lt 8 MS, C]OURDIE. yOU said it was ah'cody 8 MS I~ATCLtFF-- Okay 9 dovclopedout It was d~vcloped out not as a ptcc~ of 9 MR.RISHEL Tkankyou Imcan, I hadn't done 10 City propexty, is that correct? 10 it 11 MS, ~A~CCt~ Ye~, ma'am 11 MS RATCI.IFF- MOSt of these residents arc 12 MS, OOURDIIL soitwtilnotb~-itwlll 12 va'yawareofwhatlsproposedtobeannexed Thcyhave ~ 13 lust tcmam as it is oulsido of the - it vall stdl bo in 13 bccnvcryparhclpata-y Thoykavewnttenmanylctt~rs 14 tha'a-rLeorrcct'/ 14 toCouncd ThcareasmpmkamthcannoxatioaA 101 15 MS, RATCLIFF It vail bcm tho City of 15 Tho taupe area is aancxation A-102 16 l~nton'a i~rl 16 ~R. ~s~c. A~d is them a strategy ur a 17 MS, OOUlt9~. so what's the plulosophy bcl~nd 17 methodology hca: of why v,~ thdn't just take It all as one 18 that hocaus~ now that wc'r~ making exceptions for certain 18 annexation as opposed to breaking it into two annexations~ 19 developed ureas, and for undeveloped areas, w~'r~ not 19 MS RATCtI~- ThO way.staff had looked at 20 making exc~tious and now I'm a httlo concerned 20 this is the area m pink was a laghor priority We feel 21 MS. ItATCLL~ Well, I can 0nly r~lxat what 21 hka there Is more development preasuro on the A-101 22 Councd stated and ~t's my uoderstandmg and perception of 22 because of thc des'ckipmeot of thc ¢lcmeotary school and 23 what they stated is that because tho~o properacs ar~ 23 thc exicnslon of water aod sewer hoes down Country Club 24 aLnady developed, they won't red.clop Thor's already 24 aM Ryan Road Also, 10eeaus¢ of the dovelopmeot of 25 stogie'family tcstdenc~ on there That ~ would 25 Country Lakas North and Tho Vintage, we're extending the 52' PLANNING AND ZONING COldMISSION N'""~'} 9"'IER 8, 2000 Page 49 - Page CondonseItTM Page 53 Page 55 1 water hoc down ussT? extending tho sewer hne down the 1 that correct? 2 Oraveyard Branch to service this particular ar~ Once 2 Ms RATCLIFF Yes, sir We came down 1-35 3 thatlsin, thJscontdorwillchenge Wear~--w~*vc 3 MR MCNEILL. 135, yes Excuseme Thatis 4 already approved a prohminary plat on Country Lakes and 4 1-35 5 va: approved some final -- or pr~lummary and final plats 5 MS ~'.TCLIFF Yes, Sir 1-35 Is here at 6 on The Vintage this evening The d~velopment is coming 6 US377 7 Ma RISHI~L yeah It looks very logical to 7 ~ MCNEILL okay Very good Thank you 8 me I appreciate it Thank you 8 Other questions for staff? Thank you very much Is there 9 MR MCIqEILL COminissloner Holt 9 addmonal thscussion, Cornnussioners, or a motion? Oh 10 MSHOLT rmsorry Would you review what 10 I'msorry I nesd to -- oh, excuseme I got so wrapped 11 you said the City Council was gotng to do'/ It seems hke 11 up here, I nee~d to realize we have two separate Issues 12 what they were going to do mayb~ should go before what we 12 here I need to open a pubhc hearing at this point and 13 do, from what you said Now, maybe I mismiderstoed 13 ask -- as I did before, I will open the public hearing for 14 MS,RATCME:F l'msorry 14 boththeannexationaodzonmglssues Andlfth~'re's 15 MS, HOLT well, you said the City Council was 15 anyone in the audience who would like to speak in 16 looking at some things about this area, this annexation, 16 opposition to this motion, tlus item on the Agenda, I will 17 like dovelol~l areas, llke they did last night, they took 17 entertain, we'll ent~-l'taln that now Please celtic forward 18 out there two arens And you said they were going to do 18 and state your name Hod address for tha record 19 some other tlungs at the next mestmg DldI 19 MS BROVtN' lmPatnclaA Brown, 4300 20 m~smiderstaod? 20 Johnson Lane, Argyle~ Texas I'm right hero in thls 50 l 21 MS,RATCLIFF At their November 14thwork 21 Tract l, Ibch~vcthey'recalhngit 501 acres, I'm 22 sesslon, staff is prepanng a map that shows how ench 22 121 This is all Ag m here Evexybodythemls 23 parcel is currently und~ uso, whether it's undeveloped, 23 agrlCUltl~"o We have no plans for devolopm¢ot We w~rc 24 farmland, pastur~ or whether It's got single-.family 24 hem before you last year with tha same problem but they 25 residenca on them or commercial use or a mobile hom~, to 25 didn't pick up our annexation last year They let us out Page 54 Page 56 I dctennme ff they want to exclude any other properties out I But they failed to tell tb~ taxing district that we 2 of tl~ annexation 2 w~ren't 'I'hey wexe really interested to get our taxes 3 MS :tOLT Oh, okay 'flint's fine Thank you 3 And you're talking about how much the taxes on our 133 4 MR. MCNI~ILL Comuussloner Oourdle 4 acres, it was $219 46 Of course, I chdn't pay it since I 5 MSOOUI~OIE Tkankyou Am Tho Hdls of 5 didn'thvcmth¢Clty But that ls added to County 6 Argyle also stdl remaining in the E'r~ 6 taxes, school taxes This is an adthtaonal tax that we 7 iris I~,?CUFF The Hills of Argyle is in tho 7 will be paying It does not give us -- we are not getting 8 City bruits 8 anything when we pay that tax except they tell us we get 9 MS, Oouaom. NOW they ar~? 9 the fir~ and we get the police But that is quite 10 MS ~.TCU~ Yes, ma'am 10 mslgmficant when you've been out there for 59 years 11 MS. OOURn~ okay Thank you 11 without the services of Denton f'u'e and Denton police 12 M~. MC~iU, other questions for staff? I 12 Argyle has served us and s~rved us well 13 have one Tho aren that's very hght there, I boh~ve 13 And when you talk about they came down with 14 that's betwmn -- it's down below your examples, that's 14 the sewer and the water and that supposedly sounds like 15 mit m the City limit already, is it? 15 good, we will have it Well, I'm m the process of 16 MR RSlen~.OT. yes, nls 16 digging a new well Hed I been m -- if I'd been brought 17 Ma lvlc~mu it is? 17 in this past year to the City, do you tlunk the City would 18 MR.~tcm~,s? south 18 run me water from over there over to her6? No Iwould 19 MR. MCI~ILt South, that's already in ti~ 19 have still been requu'ed to satisfy my own water They're 20 City lmuts We've al~ady annexed that 20 not going to come across that mile or three-quarters of a 21 ~'as,lC*,TCUF~ yes, sir Tlus is already in 21 mileorwhateverltlstoonchotlse Wa have a house 22 tlmCltyhraits 22 here We have some houses there We'reJUStoutmth¢ 23 ~ MCI, re. ILL okay All right And ,tm're 23 acreage vath our homes Wa're not going to have any 24 able to do that because wa came down 377 We can't anoex 24 sewerage We~re not gomg to have any water Infact, I 25 unless it's alrexdy contiguous to exiang land Isn't 25 told them last yam' l'd b~ glad if y'all came by because PLANNING AND ZONING COMMISSION N 80 IER g, 2000 Page 53 - Page 56' CondenseltTM Page 57 Page 5~ I mywel wasold Ikncwawasgomg~ohap~noneof I beenfamungandranchmg We ve had cattle and we stdl 2 ~ days I ~uld bc glad you'd come ~ I'd pay yo~ 2 have p~an ~ I rinse a g~ g~dcn You oust to 3 C~ ~x~ ~f ~ou'd supply mc ~ ~s ~ and wi~ 3 have s~n ~c b~ut~ful wa~c~ns I ~s~ ~s y~r 4 ~ss~ I'dbcglad I'vcgotas~tlc~ You 4 Idonotwant~m~C~of~nton 5 have c~m ~mgs you haw m do ~ yo~ ~H ~ns 5 ~'s not a ~ng m ~ w~ld ~t you can g~vc me 6 ~, you ~vo ~o dig a n~ well 6 ~c~t ~x~a ~x~ ~ s~t mo~ ~vo bills I saw 7 But~'w~kencamof~ta~of~eymrs 7 on~of~ Id~dn'ts~o~one But one of fl~n 8 and ~ only ~son w~ have to co~ ~n, w~n ~ d~lde 8 was ov~ $400 00 W~ ha~ ~ house, a dal~ barn We 9 ~ want to ann~ us, ts b~aus~ some ~1o~ d~ld~ 9 haw a bmut~l ant~qua b~ ~'s ox ~ 100 ~rs old 10 he was gmng to develop land around us He's~eone 10 Wchavep~an~ I~iwpmchcallyev~mgwe 11 ~at's dcvclopmg He's ~e one ~at ~H make ~ money 11 12 He's ~ one ~at wants ~ls proj~t We do not want ~s 12 Ta~mg about ~wng us dfff~nt ~mgs, the 13 proJ~l We d~dn't ask for ~t Wc'~ not l~g to 13 pohcc comes to us m fivc ~nu~s Moth~ had to rash to 14 d~elop today, tomo~ow, or an~ m ~ fo~blc 14 -- b~ausc of h~ h~n to ~ ho~ml ~c ambulance 15 fu~ Is~no~sonwhyrawa~c~l,f~in8, 15 wasm~mlSmmut~ Wc'xchadfi~on~c 16 mnchmglandwouldbvd~kablcto~myo~C~ 16 ra~koadb~auscof~ms ~ ~mten 17 hml~ Itd~n'ts~logicalforaf~mth~ 17 mmut~,~cfi~d~a~cnt l~owatl~st~ccaday 18 C~ But ~ C~ tells us ~ want ~t so ~ can 18 and somct~ fo~ tlm~ a ~>, ~ ~lc pohcc patrol 19 profit and d~t~mc what ~pp~s ~ ~ land, but ~ 19 o~ h~lc local mad I don't ~ ~'s an~ng 20 do have con~l ov~ ~s land 20 y'all can give mc ~c~t cx~ ~ Wc mn ~om along ~1 And ff~ I ~ 8mng to sc~ I wo~d 21 ~c ral~ad up to pract~caH) B~ C~k Road Brash ~2 c~mly~ll~oC~W~atitwasbcmgsold X}e'~ 22 C~kRoad~sacrossfromm ~ot~ollBranch~so~ 23 coun~ p~ple and ~'~ hon~t p~pl~ ~d ~ would just 23 no~ nc~bor Pat ~s m) so~ n~bor And 24 lovo ~ be IeR abno ~ do what we ha~ done for 59 24 Jonson Lane runs m o~ p~c~ ~s be~ o~ barn and 25 ~s ~at'sab~taHI~w~say ~)ou 25 on~of~vhous~ And~enltg~and~enPat~sall Page 58 Pag~ I MR M~[LL ~sslon~s, do you havo any to ~e w~t of us 2 qu~t~onsfor~ Bm~ Ihaveonc ~I~d~toM 2 So why -- last ~ ~ ~k us out 3 w~t you smd, yo~ pmp~ ~s 501 ac~ 3 haven't chang~ ~o only ~ng ~at's ~vond~l ~s we ve 4 Ms BRO~ NO, no, no, no ~s whole 4 got some mo~ ram and we'~ l~ng fo~ard to some 5 pmp~m~ We'vegotsixp~pl~I~m~, 5 ~lp~snow SopI~l~xeusoutof~oC~ 6 lando~s 6 b~ause ~ don't n~ you ~d ~Hy aH you'll bo buying 7 M~ M~LL. okay 7 is some 8 Ms BBo~ l~ and a ha~ ac~ Is w~t ~s 8 MK M~mc mst a m~ent ~y qu~tlons 9 f~ Is ~t ~ 9 for Ms S~ -- Bass~ ~ 10 M~ M~ILL ~ d~dn't und~smnd ~ 10 MS ~ S~ ~s 11 &stmcaon~ Andon~at133ac~,}o~mx~st 11 M~M~LL okay P~S~-Bassham l'm 12 ~ ~d you ~ In ~ ~ wo~d ha~ ~ S219 00 12 so~ I apolo8~ 13 ~ SRO~ That I would ~ prod ~ ~ ~W 13 MS S~ That's o~ 14 of ~ton 14 ~ M~IU~ co~d you 15 ~M~aI~L m~t ~at'sw~tI'msa~n8 15 on~emapwh~yo=pro~? I~ssM~t 16 Y~ 16 Ms ~ okay ~n~t~sus, 17 MS~RO~ m~t,n~t ~C 17 n~tin~ I~sit's122 18 ~M~EILL okay V~g~ ~you 18 ~M~IL~ okay 19 ~ ~RO~ A~ of US OUt ~ ~t ~XO 19 MS ~ ~ame I SUpgOSO ~S is 20 ~ M~ILL ~ yOU h ~ anb~no o~e 20 Jo~son ~ne and Jo~son ~e h o~ ~ bounda~ and 21 who would hko ~ sp~ in opposiaon w ~s ~n~ i~? 21 Pat ~s n~t door We ~ do~ - ae~y, o~ place 22 ~ ~ z'm P~ S~ ~s~ Pm 22 com~ mo~ ~ a point ~an xt sh~ ~ ~d ~ I 23 ~en~g ~ Wi~ T~s S~ ~ I ~ ~e 23 ~s ~s ~s Pilot ~oH B~ch ~d ~'~ o~ no~ ] 24 ~ I ~w one bm~ and I ~ ~ 8S~ old 24 n~b~ 25 mo~ W~h~on~sf~for~ It's 2~ ~M~mL O~y ~youv~much Is PLA~G A~ ZO~G CO~SSION N .... ~ER 8, 2000 Page 57 - Page 81 Condv. nseItTM Page 61 Page 63 I ther~ anyone else who would hke ~o speak in opposition of I el~ must be for t~s annexatton I ~n~t understand why 2 ~s? Pl~s~ come fo~ard and sm~ yo~ nam~ 2 thts grouo would not con.et the~ s~ff who had ~nt out 3 ~ ~O~n~ nolle My nam~ ~s Tra~ 3 nott~s to all the prope~y holders, most of which ha~ e 4 Moffa~ Wc a~ at - ~c ad.ss ~s 6150 AI~ R~d and 4 ~med m not~ ~at have ~td we'~ oppo~d to ~t, but 5 ~o~vn~sp~eofprop~n~th~ It's lie Wc 5 we're not counted 6 am also ag and ~ ratse hors~, earle We raise o~ o~ 6 And I~d hke to s~nd hem just for the people 7 ~y on tl~ pmp~ We'~ completely ag Ev~body m 7 that ~e -- the~'s older people that ~n't get here 8 ~s sgtion and actually we're ~lly well ~en~ 8 tomght be~u~ it's such a nasty day and they're not 9 ~s ~em~ You had made a co~ent ~rh~ about p~ple 9 gems to have a vot~ just beeau~ they wouldn't venture 10 showing up, ~ono has shown up at tiao C~W ~uncd I0 out, even thou~ the CRy has al~ady asked them and 11 m~tmgs We'~allv~cone~nM Mymajorconc~s 11 they've al~dy told them, no, we don't want to be 12 ~e fact ~at w~ w~ h~ l~s ~an a y~r and a ~ ago 12 annexed 13 ~n f~nt of ~is ~n~ and ~e ethos, C~ ~uncd, 13 ~nton ~s a nt~ pla~, a m~ pla~ to visit 14 and ~ found ~t to be not n~sa~ m ann~ o~ 14 We don't want to hvc ~n ~t We moved outstde the C~ty 15 prop~ m ~s pameular a~, I ~h~c ~ause n was 15 We don't want to be m the CRy We just don't want the 16 obwous~atwc~onlygomg~boAg ~dnon~ofus 16 extra tax b~den You've talk~ about tax burden for 17 haw any in~tions of s~ng ~ prop~ And I 17 the~ ~ncul~al pla~s but no~ng for ~md~s We 18 ~h~e ~at any of ~ ~pl~ and I don't know ff ~s 15 don't get any tax b~ We get the full ch~e and no 19 could ~en happen, ~at ~ could ~en ~ wllhng ~ 19 benefit ~at's about all I have to say 20 volunt~ an ann~ation if ~ ~ d~dM ~ d~olop 20 MR MCNEILL Any qu~t~ons for 21 But ~at's ~y b~dc ~ point 21 Co~sston~ Oo~d~c 22 ~c ~1 point ts it's not n~sa~ to annex 22 MS GOURDIE Tha~ yo~ ~ Westin, I 23 ~c prop~ s~mply b~aus~ you-all ha~ made ~c 2~ app~clate you coming out he~ We do have cop~es of 24 d~s~on, or ac~ally ~ C~ ~uncd made ~ d~smn 24 tho~ Out of th~ ten that we have, four of them are ~n 25 not to ann~ It a y~r and a ~ff ago 25 opposition ~e ~st, ~o of ~em ~ nou~al ~d ~e Page 62 Page 64 I ~ ~ a lot of ~ssu~ ~at c~ up at ~o I ~st a~ ~n favor So ~ can only go off of what ~ have 2 C~W ~uncd m~mg last m~t, sp~ng about ~ 2 h~ and from what ~ 3 pmp~ n~ng to bc or ~c C~ n~ ~ fit a~ of 3 Ma W~T~ well, a~ I h~rd from SalW was 4 ~s tn w~m a c~m ~o p~od ~aus~ of o~ 4 ~at ~ ~ fo~ p~plo ~ m oppos~uon ~ my 5 l~s~t~on ~at's gone on, ~t ~ ~ aH a bunch of 5 annexation, so he must ass~c ~at aH ~c ~t must bc 6 m~tmg qu~ttons and ~vc bm~t n~ H~t for m~ 6 for ~t and ~t was dcfim~ly not ~c case ~ ~h~c 7 anyhow, on ~e p~ose and ~e ~son why ~ p~p~ ~s 7 ~ was a s~ck about ~s ~H at ~ C~ Councd 8 b~ng ann~ o~ ~an ~c ~cus~ ~at you-all ha~ 8 office on ~c ann~a~ons and most of ~ -- ~ was at 9 us~ My ~or conc~ is why ts ~o p~p~ up ~ ~ 9 ~c C~ ~unc~l offic~ ~ was somcb~y ~at ~s m 10 ann~ so q~c~y again and wh~ d~ it b~omc 10 favor of ~ ann~on, ~ ~dn't want ~ ~vc ~clr 11 harassment ~t ~ have to com~ up and cons~ntly ~pla~n 11 name b~ausc ~ w~ af~d for ~c p~p~ b~ausc so 12 ~ ~on~ again and ~ln why I m~n a m~ no 12 many p~plc d~dn't want ~s ann~ahon 13 sense We a~ost ~nd of f~l hkc ~'~ ~mg pick~ on 1 ~ MS ~ot~ ~d I app~atc you coming out 14 whgh ~s scnsol~s So at any ra~ obviously, I'm : 14 ~ and it's one of ~osc homblc sl~at~ons to bcm 15 oppos~ and ~at's all I have to say, I ~ink 15 wh~ ~'m ~ng to do what ~ f~l ~s n~t and 16 ~ M~ILL ~y qu~ons for ~ MoffaR? 16 somctim~ ~ just have ~ do what we have ~ do and I 17 ~ you v~ much 17 apolo~zc for m~ng yo~ 18 ~ MOPFA~ T~nk you 18 M~ W~Tm WC hvc ~n such a -- ~ h~ m 19 ~M~ILL wouldanyo~chehke~s~? 19 -- I've got an acm and a ha~ Wc'gd~c~to 20 M~W~T~ ~n~c~sRobmOhveW~fln I 20 ~onchousc Myncl~boracross~s~is~ B~h 21 hvc at 6449 ~ Club R~d w~ch was m ~o s~on of 21 ~at has 500 ac~ and ~wan~ ~ k~ ~t as a f~ 22 hnd~atyouj~tvo~s~taun~a~on l~s 22 ~s oo~I~ l~st~n~lctyou~owl 23 s~ tn my ~w~ r~ wh~ I w~ so in~ns~ ~t ~ 2~ app~m~ yo~ voi~ It mmns s~ng l'm just 24 ~shel s~d ~t on~ fo~ pmp~ ~d como and ~ In 24 so~ ~ can't go back and ~is~t but ~o Ci~ ~cd 25 c~ on ~s ~ ~1~ ~ ~g ~t ~one 25 ~ ~sa i~ PLA~GA~ZO~GCO~SSION 1 82. BERg, 2000 Page61-Page64 CondenseltTM Page 65 Page 67- ] MR. WF~TIN [ understand that but we haven't ,. I - this is my first time auendmg a Planmng 2 fims~ ~i~ on~ and I j~t want~ to bflng up ~c point 2 ~ssmn m~tmg, but I hope ~t you ~ ~t m your 3 for ~o~ ~ple ~t can't be for ~at on~ 3 pow~ and haw ~c~s~ 4 M8~ ~URDIE. Tha~ yoo, ~ W~tin 4 deleting a prop~ ~at has b~n sc~ for nnnexat:on S M~bl~ILL T~youv~much Itshould 5 by~cC~w Ilookfo~towor~ng~gov~ment 6 b~ m caso ~e audmnco ts not aware, ~ P~ has to 6 and now ~at I'w s~n change m my ~, ~ ~v~ mc 7 con~ ann~xatmn ca$m and mak~ a ~on~endaflon ~ 7 hope 8 ~t m ~ ~¢d So it'a not ~om~Ing P~ 8 M~ M~tLL 9 On~na~s ~a ongmat~ b~au$o ~ ~ell ts 9 somo questmns Bofo~ I ~pond ~ ~ h~, let me 10 ~u~ to ~r from P~ m t~s of thmo caa~a 10 point out ~at tho P~ 11 Is ~ anyono elso who would hko to $pmk 11 wo'r~ appomt~ by ~ Councd 12 m opp~tton to ~s pwpos~ anncxatmn and zoning 12 M~ HOUSTON By ~o Co~mlO 13 c~8e* Anyone p~cnt who would hke to sp~k in 13 M~ M~E[LL Y~ 14 opposmon7 14 MR ~OVSTOa okay My apoI~ on ~at 15 Ma~ ~OUS~N ~ ~emng My name la T~ 15 MR M~m~C That's all n~t ~ss~oner 16 H~toa Ihwat4525BonnleBra~ And today is my 16 Oo~d~ 17 luck~y~auseIwasoneof~prop~at~e 17 MSOOVROm 7ha~you W~Uyougl~se 18 ~cfl d~dM not to ann~ So I f~l bl~s~ ~y 18 point out whmh p~e of prop~ 19 toast ~use I ~s p~a~ to, as I had ~e last ~o 19 M~ HousTo~ xh~s would ~ 46 20 ni~ m ~p~s my d~ for opposition m what was 20 ~s ~VROm ~nd ff you co~d ~H ~a from 21 going on But I felt com~H~ to ap~k b~auso I ~s 21 yo~ p~p~w why you ~ exclud~ 22 ~t ~t ff you ~ -- you don't ~t aom~n8 for 22 M~ HO~TON We haw - ack.y, ~'~ 23 no~ng Y0ubavetom~yo~ownwaymlifeandyou'~ 23 a~dyd~elopM Allof~epmp~sold And 24 going k~ ha~ reals and mbu~ttons m yo~ hfe but 24 ~e only one ~at d~n't haw a home on ~L I behcx e 25 you ~ ~o going ~ ~w 8~d ~ 25 ~s49 So ~ also ~ve v~ s~ct d~ ~Uons so Pago 66 Page I so,it's a balancmg a~t I f~l hko we am 1 ~t ff~ wan~ to bmld somc~ng - ff ~ want~ ~o 2 an~ We a~ d~sappom~ We w~ ~ con~ ~at 2 aubd~wdo, w~'~ not allow~ ~ I ~ fo~ ac~ and I 3 ~s ~ m~ place We didn't und~s~nd ~t We ~t 3 can't sclI ~t I ~an only hve ~ w~ch ~s ~t I 4 befo~ ~ ~uncd We pl~d~ o~ cas~, as ~e p~ple 4 want~ to do m ~e f~st pla~ We'~ ~o ~mcted as 5 a~do~m~tor~todo Andw~gotaomv 5 to what ~ can put on ~t Im~n,~can~swmeor 6 ~ I can't ~plam why I was 1~ out but I'm glad 6 chicken, fowl or an~mg 7 of ~at I can only ho~ ~at I amy out 7 ~s ~vRo~ T~nk you for yo~ 8 ~s ~s a s~mafion wh~ I f~ ff I co~d 8 ~ M~uu xha~ you 9 m~ one s~n8 ~o~en~on ~t ~uld bo ~ adopt so~ 9 anyone else m ~ auth~nc~ who wo~d ~e ~ sp~ m 10 son of m~a~ or ~t or wha~ ~t ts ~t if you ~ 10 oppostuon7 ~yone e~e m ~ au&ence ~ wo~d hkc to 11 cons~d~ [~ ann~a~on, ~ should b~ ~o~ ~od of 11 sp~k in opposmon? Eh~b~ D~doff 13 cons~d~agmn AndIs~thstm~tat~ 13 M~t~U ~hat'~elasto~I~just 14 m~ungbut~tfeHondmf~rs R~y--~'~o 14 mfo~ So~ ~anyonem~at, a~cewho 15 a~e~veb~nfor~s Someof~ple~w 15 wouldhko~s~msuppoaof~smouoa7 ~yoncm 16 b~ ~d for - doing w~t ~'m doing for a long 16 ~ au&en~ who would 17 t~e ~d to constantly ~ not h~ssM but ~ ~ve ~ 17 ~m~ and ana~aaon? H~ng non~ 18 hx~ ~ upside do~ is ~Hy a ffavm~ 18 pubhc h~ng and ask ff stuff ~s ~y clos~ co~cnts 19 B~t I stlH ~ve a lot of fm~ m ~ sya~ 19 M~ ~X~FP Y~, 20 I ~h~ ~t ~ ~S fm~ in poht~ca You guys ~ 20 s~ ~ pubhc ~s a~ ~at any noac~ ~t - or 21 el~ officials and you have b~ e~ by ~ ~ple 21 ~pons~ ~t ~ ~t~, m facL I ~ c~ just 22 I a~ ~t you do ~e ~t ~ for ~ pmple b~use 22 prior to ~ m~ang ~at ~ &d pass ~ o~ ~ ~u 24 ~ do -- ff l~'a ~ ~ ~ ~am ou~ld~ of ~ 24 nott~ for ~e ~uncd m~ng f~ ~ ~t ~ 25 C~ I~uaho~da~n~conatd~lt ~dI~ 25 d~hv~un~il ?LA~G A~ ZO~O CO~8SION NC .... ~ER 8, 2000 P~ 65 ' Page 68 83 CondonseltTM Page 69 Page 7 I I Council than to the Planning and Zoning Commission So I MR REICHHART which part? 2 your stack is smaller but most of your tespons~ am also 2 i~<S HOLT 7he upper part, all that? 3 usgatlvc SOIjustwanttomaknsurothapubhcknows 3 MR REICHHART Idon'ttlunkttwas 4 that staff h~s dellvenxl thegn to you 4 MS HOLT Just that httlo part down at the $ MS~ oooaoi~ Thank you for Light'fag for mn 5 bottom 6 MR~MCNI~ILL verygood CommlsslanerRishal 6 MR REICHHART Yes 7 Ma, msaaL Is there any other pmpcxty 7 MS HOLT Okay 8 besides that,whoh Is south of Allred Road that was 8 MR REICHHART The other things, If I could 9 previously rmom. monded for annexation that wn had pulled 9 answer a little blt further, are that now The Vintage 10 in thn last y~ar and a half, about the same time that this 10 development has proceeded into preliminary platting and 11 was bmaght before us before'/ 11 are going forward x~th thou' final details for getting 12 Ma~ H~ICH~n~T Yes, ther~ is property along 12 utilities to that site As ~ath Country Lakes North, arc 13 Crewford Road 13 now proceeding w~th cad of final platting and bringing 14 Ma~ alSHEL would you point that out'/ 14 utilities to that site 15 MR amcHa,~a~x It's not on this map It's 15 The programmccl utilities that we have m the 16 farther seud~ 16 ama, meetings that staff has had with developers looking 17 MS I~ATCLI~ It is not on this map 17 at different parcels m that area, have really spurred a 18 taR. luaw,c, tt'a not on this annexaHon 18 higher Intensity of mqumes In that area for 19 Okay So it's not part of this 19 development And that's one thing that has drastically 20 taR~ HE,Ca,Aa? Corr~t 20 changed In the last ~,car and a half 21 taR, alaw,L okay But evuryth~ag that's 21 MS HOLT Inquiries9 22 south of Allred Road has prevlotnly been hafore us and we 22 MR REICHHART Well, plus the platting 23 havn recommended that it ba pulled from annexation 23 activity with those t~vo major subdivisions 24 MS RATCLIFP It was excluded from 24 MS HOLT Okay Do we have any provision 25 annexation 25 whatsoever that fl' your property comes up, that there Page 70 Page 72 I MR, RISHBL And I have to tell you, ! totally I could be a two-ycar - could it just keep conuag up and 2 agree wflh tho people that ! don't think you should have 2 coming up and coming up and they would just have to come 3 to come before the City or Planning and Zoning on a 3 back7 I mcan, is there no way that wc could help them out 4 regular basis either to defand what we have already 4 in that way? 5 excluded i think there ought to be some sort of a tune 5 taR. SNYOEIL 'Ihcre ~s noon in our local 6 moratorium And as we come forth on this, I'm going to 6 ordinances In thc nc~ annexation statotc, oncn you're 7 put forth a,recommendation that all tho property south of 7 rcqumxl to do an ann~at~on plan and you attempt to annex 8 Allred Ro~d be excluded from this annexation 8 a property, I think there is a teac limit there of you can 9 MP~ MCNEILL: Commissioner Holt 9 only put your property in a three-year annexation, and 10 lvl3~ HOLT P. xactly why was this property 10 then you cannot annex ~, I I~h~ve, for another thr~ 11 brought uPi a year and a half later? What's changed? 11 years after that tune p~nod. That's a now law that was 12 Ma, RATCLIFF It ~S my undorstandm87oesause 12 passed ia the last I-~0slanv~ Session that does not apply 1:~ of the Country Lak~ development and because of the 13 to tbs pamcular annexaUon case 14 extension of tho water line, that we felt that thoro would 14 tas HOLT wh~ va'Il that go into effect? 15 be development pressure on these properties and up m 15 taP.. s~r~ov_~. Tl:a~'s a 8rac~ period in thn 16 here 16 statu'/o and I bnh~ve it vail go mtn effect Sanunry 1, 17 MS, HOLT And that has come up smce a year 17 2002 But l would ha~ to look at thn stamt© 18 and a half nco? 18 specifically to see ~f I'v~ g~>t those ttmeframr~ corr~t 19 MS~ RATCLIFF Part of tho Conntry Lakes was 19 But l~ mc point out to you why a tune lmut is not a gold 20 part of the annexation a year and a half ago, this 20 idea You've heard why, f~om people why it might be a 21 propertyrlghtmhere Andthlsporttonwasex¢ludedin H goodidea rll ~ll you why it's not a good tdes 22 that annexation 12 Because what if, for examp~, tl~ City Council decld~ to 23 MSl HOLT That was excluded? What about that 23 leave these properties o~ of aanexahon tlus tune around 24 other part?~ Was that in the proposal a year and a half 24 and let's say s= months later, thc property develops 25 ago? ~5 And let's say you had a role that said that besaesc you PLANNING AND ZONING COMMISSION Nt 8 4 ER 8, 9.000 Page 69 - Page 72 CondenscltTM Page 73 Page 7~- 1 attemptcd to annex it six months previous, you can't annex 1 s~ncc wc're already developed, sinec we already ha~ e ho~'~c~ 2 it at that point Thc City's hands would be tied and 2 on our property, it's vcry unlikely that wc would 3 would not bo able to annex the propurty and apply its 3 redc~ clop this for any other purpose 4 zomng regulations to that property So you've got to 4 So, thcrcforc, you do not have to won'y about $ look at both s~dea of the coin thcro But I do sympatl~zc 5 mcompat~le uses being developed m tins area And the 6 with what thelproperty owners arc saying It's just that 6 CouncHlastmghthahovcdbyavo~cof6-1 thatthatxxas 7 thcrc's another side to that story, as well 7 a lc~umatc ~wasoo for excluthng theae areas because the) 8 MS HOIT 'rkank you 8 fch hkethat was oneofthepnmurypurposea for 9 MIL MCNRILL L~t me ~lurl~ what I just heard 9 annexing this area was lo mmntain land usc control And 10 hcrc This neW law docs not apply to this because for 10 since this propcrty was akeady dcvelopcd, thurc x~ as not a 11 what reason? If the Lcgtalaturc passed that in th~ last 11 substantial hkehhaod that tt would ~levelop and thc 12 seasion, why docs it not apply to this property? 12 C~t~ ~ ould be taking avcry small ask m that ~x~ard 13 MIL SI~O,~a. Because when they passed tho law, 13 ~,~ MO~U~NO i'm not sure I agree but thanks 14 they gaxe a grace pcnod of approximately two, two and a 14 for that cxplanation 15 halfycars 15 bIR. MCNBILL. okay Othcrqueations? An;, 16 MIL MCIqBILL okay Thank you 16 closing comments from staff? 17 MR aNYOne And there's also some exemptions ] - bf-.~ n. ATCLIFF' NO, sir BUt if you n(~.~d a 18 that apply m the statute that we don't have to get tato Iii cou~ drop, I've got eec 19 hero because of the grace perlod, but the~'s also some 19 t~t~.MCl, n~iLL okay Verygood Any 20 exeraptions in I1~ statute that certain types of 20 adthtional discussion or a motion? 21 annexations do not have to comply with the annexatlon 21 ti~..IUSHI~L l'dl~katomakeamohoo I'd 22 planning prooess, as well 22 like to mow that we recommend 1o City Council the 23 MILMCNBILL. lhaveaqueationth~n Isea 23 approvalofltem 12Bvaththoexclusmnofthopropcr~ 24 no other hgh~S The property that, as Conunlsslaner 2-, that is aLrrady re. commended and also the properly that ~s 25 Rishel has alluded to hero, south of Allred Road, is that 25 south of Allred Road Page 74 Page I at the current -- ail of that south of that that's tho 1 ~,m. tic:~mll.~ is there a second? 2 taupe color there, that section right there, is what's m 2 t~t~ MOP.~NO vii second 3 thc~ right noW, easantlaily, there's no developments tn 3 l,~p. MCI'mU.L It's bccn moved and seconded 4 there, that's all furmland? Are those all furms? 4 that ~,~ exclude from the proposed annexation all of thc 5 Ms. RATCt,IFI~ Farms with fatmhousea 5 properUcs south of All,ed Road, in edd~tion ~o thc 6 MS MCClint. ?hat's what l'm saying 6 propa'tic~ that City Council has already recommended no 7 MS RATCLII~ Yes, sir bc lacludcfl ia the aancxauon Is there a discussion~ Is 8 ~a. Melcall.t. And has there bcan any mquinea $ there a second? Was it seconded? Okay It was seconded 9 from any developers that indicate that the~'s movement to 9 M) mistal~ Any discussion on that? Commissioner 10 dm'clop anytl~ng in that property, in that block of land? 10 Gourdlc 11 tis RA'rCL~ l'm not aware of any on those 11 l~ OOURD~. ?hank you I vail not be voting 12 properties 12 for flus moaoo thc way lt'n proposed I agree vath ibc 13 Ma b~O, tl~tC~ okay Thank you vcry much 13 property to thc south of Allred I am vcry concerned that 14 Conumssioners -- Commissioner Moreno 14 we exclude tkn:c plecea of property based on a so-called 15 tiR. MORL~O Yeah Help me ngam wtth the 15 bmld-out of thc property Youstlllhavcscrviceathat 16 idea of excluding those areas that have already been 16 are going to be needed and I don't know how theac hule 17 developed Ldon't understand that logic 17 toangiea ~nd squares of land, how they ,,,nil bc serviced 18 tia. SNYO~n. 'rho City Council, oneoftho 18 lntimcs ofcmcrieaciea Who's gomg to plckwhe~thcl, 19 primury con,ems that they had was re. luting dovelopmeat, 19 go° How do we, not that I'm trying to b~ exclusionurY 20 making sure that our Zoning Code, our neW zoning ordinance 20 but ff we're going to have certain p~oplc pay taxea for 21 that w~'ro w~rklng on now and our neW Comprehensive Plan 21 usc of park land and hbranea and so forth, how do ~s~: 22 ,,,nth regard to use would be applied into sirat~gic areas 22 ~:il w~ch pocplc are r~ally ~n the m'~ and have paid for 23 of the City, such as thts area Bvea though it's in our 23 the~ surw. cea or not paid for theac services? 24 l~.'r.~, n's la our plauning a.,~a Tha arsum~t that was 24 So I have a ~cal hard tnnc saying certola 25 made last m~ht was, well, lt'that's your main parpose, 25 people m~ subject to not being annexed, when )'ct I look PLANNINGARDZONINOCOMMISSION N 85 ~ER8,2000 Pa§c?3-Pagc?6 Cond~nseItTM Page 77 Page 79 I at these people who have homes on their property, that's I would mchidc 15 acres of smglc-fawaly rcsident~al and 2 considered a home And a lot of these people are not 2 to five acres of neighborhood scrv~cc/rctad 3 constdenng to build out or subdivide It's Just I think, 3 Tho proposed dcns~D on thc subject property 4 as they would say dunng the elections, we have a 4 for the single farmly residential would be 3 3 units 5 dtffercncc of opinion of looking at things and I'm just 5 This is the zoning plan that is m )our pack©t this 6 havmg a real hard time excluding built-out properties 6 evening The mmmmm lot s~zc proposed for thc 7 that will be Ilslng City servicas ? single family residential lots is 4,000 square feet Thc 8 MR. MCNEILL Additional comments, 8 applicant Is proposing to set aside 1 04 acres in this 9 Commissioners? Staff, thank you very much Is thcr~ 9 gencral aren Foslnrcs such as s,.r~t trecs, hike and 10 additional discussion? Arc we ready for the vote? Vote 10 b~ke trads and landscaped ar~s have been proposed m 11 please on the board Motion passes 3-2 11 accordance wuh the densl~ standards and cntcna 12 (COMMISSIONERS HOLT AND GOURDIE VOTED P,/ 12 interim development regulations We",e also encouraged 13 OPPOSITION) 13 other design ¢laments such as all,2) s and courtyard 14 MR. MCNEILL NOW WOtrc ready to hear from 14 streets They will be illustrated in tho future project 1 $ staff rcgardrog the rczonmg I just want to see If staff 15 plan but arc not shoxvn on the zomng plan at this 16 had any comments 16 This is in tho ne~ghborhcxM caners area of 17 MS RATCLIFP NO, sir 17 the Dentsu Plan The proposed apphcaaon is in 18 MR MCNEILL okay Is th~rc -- do we need to 18 comphance with the Denton Plan Tbeapphcantdid 19 have -- weYe already heard lhght So at flus point is 19 present a h'affic m~pact anal) sis as a part of th~ zomng 20 there any discussion or questions of staff or a motion 20 rcqmrcment The study &d demonstmta that tlm impacl 2 ! concerning the rczonmg of this land? If it's brought in 21 expected from llus - what the unpact should be expected 22 would be zoned Agricultural 22 from this dovnhipmcnt, as v, ell as what tmnsportaaon 23 MR RISHEL l'llmakeamotion Pdhkcto 23 lmprov~mentswfllbercqmredofth~sd~valopmant 24 make a motion a rccommcndatron to the City Council the 24 Staff recommends recommends of approval 25 approval of It~n 12C as it would apply to the property 25 zP 0o-oo~ with the following condiuons hghting on thc Page 78 Page 80 I previously aunexed or recommended for annexation 1 property should be designed and maintained so as not to 2 MR. MC~I~ILL IS them a second7 2 shine on or otherwise disturb surroun&ng residential 3 Ms BOLT second 3 property or to shine and protect upward to prevent thc 4 MR. MCI'~IL~. A motion has been made and 4 diffusion into the night sky, uses allowed in the $ seconded to changn the zoning if it annexed to $ neighborhood service section shall be hnuted to the list 6 Agricultural Is th~r~ any discussion? Any discussion? 6 shown m Enclosure 2, the projeci plan must provid~ for 7 Vote on th~ board, please Motion passes ~-0 7 pedestrian and vehicular connectix'ny between thc proposed 8 Commleslooers, wher~ am vm on the Agenda'/ Do $ neighborhood service and res~denual uses, architectural 9 vm need to take a break or em vm about through? 9 design la tho neighborhood service ama shall be 10 MS gA?CUfF. We hava cnn mom zoning case 10 compatible to that of the residential area and shall 11 MR.MCNEILL okay At this pomt, vmhava 11 mcorporateth~urhandesignpnnc~plesosldentifiedm 12 Item 1 ~, hold a pubhc heanng and consider recommending 12 fha Denton Plan, open space shall b~ privately owned and 13 approval to tlm City Council a zoning plan for a 19 6 acm 13 maintained, and pole signs shall lm prohibited 14 tract located northwest of fha m~rsection of Teasley and 14 Them was a neighborhood meeting that was held 1!; Ryan AndMs Ratchffwlllbemakmgthorcporttnplac¢ 15 on Wednesday, No~cmbcr ls~ Ichdpassouttoyouahst 16 of Mr (~tay 16 of those residents that were in anzodance and a sununary 17 MS RATer. IFF Y'all get to hcar me some moro 17 of the commcnts Mr AllenBusselllshcrothlsevenmg 18 MR. Me. ILL YOU're doing good You're 18 representing this apphcation He Ires proposed some 19 holding up well 19 changes to the text of the zooms plan to meet seine of thc 20 MS RATCLIF~' YeS, sir Before you this 20 coocerus of those neighbors that aunndcd tim naighburhood 21 ~vening w~ have a pubho hearing sohedul~l to consider a 21 meeting I'll lct him address that ,,v~th you I'll ha 12 mooing on tlds property that is northeast of th~ 22 happy to entertain any questions that you might have ~3 intersection of Tcasl~y and P, yan Road It is curt'curly 23 M~ Me,amt. commisslo~rs, do you have n 14 zoned Agricultural They're rmluestmg to rezone 19 57 24 question for staff before wc bent from ~Im apphcent? 2~ acrestoPla~lncdDewlopment This Planned Dov~lopmcnt 25 Thank you vcry much At flus tnn~ then I'll open thc ' BR 8, 2000 Page 7'/- Page 80 PLANNING AND ZONING COMMISSION N S 6 CondcnscltTM ! .~'Page 81~ Page 83 1 pubh¢ ~"~,-,n~ and auk if there is the npphcant or I swanaely shaped 2 npphcanl's ~prcenntau',o, is ho or she be~ to make · 2 I hope -- I feel and I think I have provided 3 comments? , 3 enough control to cnsurc wc get a quality dcvclopmcnt out 4 ~ I~USSI~LL l~ty name is Allen BussclL'~l~n.l 4 of this And I've bran usln8 thc lntenn.l rags and thc 5 employed by ~Survcyors and Engineers of North Texas, 16:21 5 draft of thc ncw Dcslgn Codc to do that If you havc any 6 Amanda Court, Ponder I'm here representing my chant on 6 questions, I'll be happy to answcr thcm 7 this project ~['tgs is a hale bl~Scr It miata bca 7 Ma Ma, mint commissioner RIsbol has a 8 hulo enseco' to zoom in on These a~c tbe changes that 8 question 9 havc been m~dc and I H point out thc chants because I'm 9 MR mSHnL Thank you Can you 8~ve mc an 10 sure )ou ye ~one throu~ )our backup a~cady to sea what 10 idea of some of thc various lot slzcz as you con.lc pasl th~ 11 thc design cn~on.lpasscs So I'll go ovur thc few changes 11 circular fea~u'c and into thc subdivision? For cxampL 12 that ..','crc made aficr fl~ mlcc~ng with thc nclghbo~ 12 if you mined loft on that s~'cet and then continued 13 Thc ~u'st one m ~ non~csldcnaal lots, d 13 around thc curb, thc first ~vo lots that arc full slzc 14 you come down, I added a maximum halght of two and a half 14 lots, how big would thc one on the nor~ and thc one 15 stones In thc compa~blhty s~odsrds, como down ~ 15 ~c south be approximately? 16 masonr~, under masonry buildings, thc last hn~ 16 Ma nuss2tt It's been awhlln smcc I laid 17 bud&ngzwlthmnc~ghborhoodscrvlcesha~be 17 thlsout It'spn.lhablyovcr7,000 I'mnotsurc Wc'rc 18 arc~,~crura~ companblc to thc smgln-faml~ homes m 1 $ going at a density hare of 3 3 19 ~oarca Ooldowatolandsceplngandscr~nm~o 19 ~.als~'t tundcrsmnd ~0 second bcadlpg under thak neighborhood scrvlcc buffered 20 Ma aussn~t, so wc can got some varying lot ~1 with exlsungl homes to tbe north Two-s~'y btngs 21 slzcz 22 within 200 feet of ~c north boundary shall have no second 22 MU ms2~'t I understand So thc one on thc 23 stor) ~ndows facing thc north And this Is to provide 23 north is about 7,000 and tho eno on thc south 24 them, those homes to ~he north with privacy And lbo next 24 Ma. BUSSI~L~ I don't know It's probably 25 one, exlsm~g homes on the north and east will I0~ buffered 25 close to 9,000 I don't know Page 82 Page I from tbe now homes w~th a 25-foot rear bmldmg hoc. And MR RISHEL Okay So the one we looked at m 2 then on thc second page, no alleys will be allowed along 2 the north ~s kind of typical to one of the smallcr lots, 3 tho north and east boundaries of this property And 3 Is that correct? 4 that stosavethccxislm8l.'cesthetarctherconthc 4 MR BUSSELL Right 5 fence huc. And there's son.lo pretty slSulficaut ~ 5 MR RISHEL okay And the road size m that 6 thcrc And those arc thc changes that wc made 6 area, what would the road s~ze there be? 7 The shape of lha open space might Set yon 7 MI'. BUSSELL I behave I croatext this with a 8 thcrc and I gndcrsmnd that it looks kind of strange It 8 28-foot back ~ back 9 looks stran8~ becansc I laid out thc property cunccptually 9 Me, I~ISH£L okay I sec there's also some 10 to get a lot count, baslcall) and how this tinng would be 10 features that have 28-fcot roads and 22-foot roads 11 laidout Youwouldcn~ertl~pmpcriybe~ Upon 11 MR BUSSBLL Ialsoaddressexlthoroadstzes 12 entcrm8 the property, } on'd sro an cnw stetcmmt. A 12 -- I apologize -- with a note saying that the roads would 13 lraffic c~cl~ there that would not only slow ~ 13 be -- forgive me, I don't have -- 14 going in and out but ',x ould provide a place wbem w~ could 14 MR RISHEL, It shows residential streets and 1 $ put some sl~tnase there, some nice s~,nagc c~ther tclhag 15 res~donttal lanes Arc thc rcs~dcnttal lane features, 16 people nnhaI tho subchvmon was or maybe some small signs 16 would you point these out? 17 shawmgwhatthestorcswercthcro I'mnotstu~what 17 MR BUSSELL Say that agatn l'msorry 18 would go the~ but It would provid~ a mca cnW 18 Mit. ltlSltEL One of thc notes, I was lcokmg 19 And then, of course, right after that, thcce's 19 at the lundscapm8, ~t shows a 28-foot what they call 20 landscaped a~a and thou tl~ trail system connecting thc 20 22-foot run lanes 21 boreas m tbe back of thc axea away from tbe sit'cots 21 MP.. BUSSELL Thosc I got from thc Denton 22 cunncctmg them to the front neighborhood service wber~ 22 Plan 23 they could walk down on a Sunday moroh~.8, grab a paper and 23 M2. RISH£L okay You don't propose using a ~4 soma coffee, if they wunted to without getting in t_.l~_ ? 24 28-foot width street, ts that correct? 25 curtodo~t, And so that's why that opca space Js 25 MILBUSSELL iproposetousowhatevcrstreat ~'LANNING .~ND ZONING COMlVlISSION BI(' .... ER 8, 2000 Page 81 - Page 84 87 ATTACHMENT 4 ORDINANCE NO 2001- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING TWO TRACTS OF LAND, COMPRISING 672 ACRES IN THE CITY OF DENTON TO THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION; TRACT ONE BEING LOCATED EAST OF U S HIGHWAY 377, SOUTH OF REGENCY COURT ON EACH SIDE OF COUNTRY CLUB ROAD, WEST OF MONTECITO ALONG RYAN ROAD AND MOSTLY NORTH OF BRUSH CREEK ROAD AND TRACT TWO BEING LOCATED WEST OF MONTECITO, SOUTH OF EL PASEO ,AND EAST OF SANTA MONICA; PROVIDING A PENALTY CLAUSE AND AN EFFECTIVE DATE (Z-00-020) WHEREAS, the C,ty of Denton has applied for a change ~n zomng for 672 acres of land to Agricultural (A) zoning district classfficatton and use, and WHEREAS, on November 8, 2000, the Planning and Zomng Commission recommended approval of the requested change m zoning, and WHEREAS, the City Council finds that the change ~n zomng is consistent w~th the 1999 Denton Plan, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zomng dmtnct classification and use deslgnatmn of the 672 acre property as described in the legal description attached hereto and incorporated here~n as Exhibit A is hereby zoned to the Agricultural (A) zomng district classification and use designation under the comprehensive zomng ordinance of the City of Denton, Texas SECTION 2 The City's official zoning map is amended to show the change in zomng district classification SECTION 3 Any person violating any provmon of thru ordinance shall, upon conviction, be fined a sum,not exceeding $2,000 00 Each day that a prowslon of this ordmancc is violated shall consUmte a separate and chstmet offense SECTION 4 Tins ordinance shall become effective fourteen (14) days from the date of its passage, and, the Caty Secretary is hereby directed to cause the captmn of tins ordinance to be pubhshed twice in thel Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, wltlun ten (10) days of the date of its passage 1 C'uMy Doeumonm~ROSECTSkZonmg$~2000kZ 00-020 A-101kZ-00-020 Ordinance (A-101) doc 88. PASSED AND APPROVED this the __ day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBEX, CITY ATTORNEY 89. S \Our Documents\Ordmances\01\Z 00 020 Ordinance (A 101 ) doc Ryan Area - Tract 1- Exhibit A ALL that certtun lot, tract or parcel of land lying and being s~tuated m the County of Denton, State of Texas, and being part of the W Roark Survey, Abstract Number 1087, the B B B & C R R Survey, Abstract Number 196, the T Martin Survey, Abstract Number 900, the A G~bson Survey, Abstract Number 498, the T Peacock Survey, Abstract Number 1589, the T Labor Survey, Abstract Number 779, the J Rogers Survey, Abstract Number 1084,, the M Rogers Survey, Abstract Number 1079, the J Withers Survey, Abstract Number 1343, the J Sehultz Survey, Abstract Number 1223, and the F Daugherty Survey, Abstract Number 348 and being mom partmularly described as follows BEGINNING at a point ~n the present Denton mty hmtt line, smd point being the southeast comer of a tract estabhshed by City of Denton Ordinance No 81-76, smd point lying on the centefllne ofF M 1830 and on the east boundary hne of the smd B B B & C RR Survey, Abstract Number 196 same being the west boundary hne of the T Martin Survey, Abstract Number 900, THENCE North 00 degrees 54 minutes 40 seconds West, along smd centerhne off M 1830 and the stud east boundary line of the smd B B B & C R R Survey, Abstract Number 196 same being the east c~ty hm~t line as established by smd Ordinance No 81-76, a distance of 1,091 30 feet to a point for comer at the most easterly northeast comer of the city hmlt line estabhshed by smd Ordinance No 81- 76, same being the most southerly southeast comer on the centerhne ofF M 1830 of the c~ty hmxt hne as estabhshed by Ordinance No 83-17, THENCE North 00 degrees 54 minutes 40 seconds West, contlnmng along the centerhne of F M 1830 and the city lumt line as estabhshed by smd Ordinance No 83-17, a distance of 355 feet to a pmnt for comer m the city limit line estabhshed by Ordinance No 83-17, THENCE North 89 degrees 46 minutes 35 seconds East, departing stud centerlme off M 1830 and the east boundary line of the smd B B B & C R R Survey, Abstract Number 196, same being the west boundary hn¢ of the stud T Martin Survey, Abstract Number 900, and continuing along the city hm~t hne estabhslxed by Ordinance No 83-17, a distance of 40 feet to a pmnt for comer on the east right of way hne off M 1830, stud point being the westerly southwest comer of the c~ty hmlt hne established by Ordinance No 80-12, THENCE North 89 degrees 46 minutes 35 seconds East, continuing w~th the city hmit line established by stud Orchnanee No 80-12, a d~stance of 640 75 feet to a pmnt for comer, THENCE South 00 degrees 35 minutes 35 seconds West, along the city hm~t line established by Ordinance No 80-12, a d~stance of 761 95 feet to a point for comer, THENCE South 85 degrees 36 minutes 59 seconds East, along stud city hm~t line established by Ordinance No 80-12, a distance of 23 60 feet to a point, THENCE North 89 degrees 56 minutes 53 seconds East, along smd city limit line estabhshed by Ordmance No 80-12, a distance of 1,138 55 to a point for comer at the northwest comer of the city hmlt llne established by Ordinance No 96-069, 90 C ~My Docurr~nts~PROJECTSkZomngsk2000~-00 020 A-101~Z 00-020 Ordinance (A 101) doc THENCE South 00 degrees 06 minutes 16 seconds East, along the most westerly west mty hnut hne estabhshed by smd Ordinance No 96-069, a d~stance of 1,016 25 feet to a point for comer at the westerly southwest comer of smd c~ty hm~t hne estabhshed by Ordinance No 96-069, THENCE North 89 degrees 47 m~nutes 21 seconds East, along the smd mty hm~t hne estabhshed by Ordinance No 96-069, a d~stance of 515 04 feet to a pmnt for comer, THENCE South 00 degrees 37 minutes 05 seconds West, along the smd mty hm~t hne estabhshed by Ordinance No 96-069, a dmtance of 271 14 feet to a pmnt for comer ~n Sanders Road, THENCE South 89 degrees 07 minutes 03 seconds East, along smd Sanders Road and along smd mty hm~t hne as estabhshed by Ordinance No 96-069, a d~stance of 326 35 feet to a pmnt for comer, smd point lying on the east hne of the smd T Mart~n Survey, Abstract Number 900, same being the west hne of the sand A G~bson Survey, Abstract Number 498, satd pmnt also lying on the west c~ty hm~t hne estabhshed by Orrhnance No 92-060, THENCE South 00 degrees 19 minutes 42 seconds East, along the west hne of the smd A G~bson Survey, Abstract Number 498, and the smd west mty hm~t hne estabhshed by Ordinance No 92-060, a d~stance of 472 72 feet to a point at the southwest comer of the smd c~ty hm~t hne estabhshed by Ordinance No 92-060, same being the northwest comer of the c~ty hmlt hne estabhshed by Ordinance No 93-188, THENCE South 00 degrees 19 minutes 42 seconds East, cont~nmng w~th the west hne of the smd A G~bson Survey, Abstract Number 498, and w~th the west c~ty hmlt hne as estabhshed by smd Ordinance No 93-188, a d~stance of 810 95 feet to a point for comer at the southwest comer of the c~ty hm~t hne estabhshed by sand Ordmance No 93-188, sand point also lying ~n the north right of way hne of Ryan Road, a pubhc mad, THENCE South 89 degrees 22 minutes 47 seconds East, along the sand north right of way hne of Ryan Road and along the mty hm~t hne estabhshed by sa~d Ordinance No 93-188, a d~stance of 1,315 61 feet to a pomt for comer at the southeast comer of the smd mty hm~t hne estabhshed by Ordinance No 93-188, THENCE North 00 degrees 37 minutes 33 seconds East, along the west city hm~t hne estabhshed by smd Ordinance No 93-188, a d~stance of 513 39 feet to a point for comer at the southwest comer of the Denton c~ty hmxt hne estabhshed by Ordinance No 99-426, THENCE North 88 degrees 48 m~nutes 29 seconds East along sand c~ty hm~t hne estabhshed by Ordinance No 99-426, a d~stance of 251 63 feet to a pmnt for comer, THENCE North 00 degrees 37 minutes 00 seconds East contxnmng along sand c~ty hm~t hne estabhshed by Ordinance No 99-426, a (hstance of 62 60 feet to a point for comer, THENCE North 88 degrees 49 nunutes 00 seconds East cont~nmng along smd mty hm~t hne estabhshed by Ordinance No 99-426, a d~stance of 726 00 feet to a pmnt for comer, THENCE North 09 degrees 19 rmnutes West continuing along smd c~ty hm~t hne estabhshed by Ordinance No 99-426, a d~stance of 436 80 feet to apomt for comer, C \My Documents~PROJECTS~.onlngs',2000~Z-00 020 A 10BZ-00 020 Ordinance (A 101) doc THENCE North 09 degrees 17 minutes East contmuang along said city limit line establashed by Ordinance No 99-426, a distance of 261 feet to a poant for comer, THENCE North continuing along said city hmat line established by Ordinance No 99-426, a distance of 65 feet to a point for comer and being in the city limit line established by Ordinance No 73-17, THENCE East, along smd city lamlt line estabhshed by Ordanance No 73-17, a distance of 419 10 feet to a poant for comer in the east boundary lane of the saad A Gabson Survey, Abstract Number 498, same beang the west boundary line of the smd T Peacock Survey, Abstract Number 1589, THENCE South 00 degrees 40 manutes 58 seconds East, along the present Denton city limit line established by Ordinance No 73-17 and along the west boundary line of the said T Peacock Survey, Abstract Number 1589, a distance of 1,057 29 feet to a point for comer at the westerly southwest comer of the mty lamat lane established by Ordanance No 73-17, THENCE South continuing along the west boundary line of the smd T Peacock Survey, Abstract Number 1589 a dastance of 239 41 feet to a point for comer, said point lying on the north lane of Ryan Road, THENCE East along the north right-of-way line of Ryan Road a dastance of 805 47 feet to a point for comer, smd point lying on the ex~stlng Denton city lanlt line estabhshed by Ordinance No 73-17, smd point lying on the east line of the T Peacock Survey, Abstract No 1589 and the west line of the C PoullalIer Survey, Abstract No 1006, THENCE South a distance of 30' to the eenterline of Ryan Road, smd poant being the southwest comer of the C Poullaher Survey, Abstract No 1006 and the southwest comer of the T Peacock Survey, Abstract No 1589, THENCE North 88 degree 32 minutes 08 seconds East, along the south boundary line of the smd C PoullalIer Survey, Abstract No 1006, same being the north lane of the T Labor Survey, Abstract No 779, and the same being the southerly south Denton city lamlt line establashed by Ordanance No 73-17, a &stance of 300 feet, more or less, to a point for comer at the northerly northwest comer of the Denton city hmIt lane established by Ordinance No 77-5 (Tract I), THENCE South along the exmlng Denton city limit line established by Ordinance No 77-5 (Tract I) a &stance of 30 feet to a point for comer, saad point lying on the south right-of-way lane of Ryan Road, said point being the northeast comer of a 17 acre tract conveyed to Wayne S Ryan, et ux by deed recorded In Volume 730, Page 599 of the Deed Records of Denton County, Texas, THENCE along the south right-of-way line of Ryan Road the following calls 1 West a &stance of 580 07 feet to a point, 2 South 88 degrees 21 minutes 07 seconds West, 645 84 feet to a poant, 3 South 87 degrees 44 m~nutes 07 seconds West, 100 92 feet to a point, 4 South 89 degrees 09 minutes 56 seconds West, 155 43 feet to a point, 5 North 87 degrees 50 rmnntes 17 seconds West, 311 78 feet to a point, 6 North 89 degrees 19 minutes 23 seconds West, 174 90 feet to apomt, 92 C 'uMy Doc umcntm~'RO JECTS~Zonln g~2000~Z-00 020 A-101~Z 00-020 Orfllnance (A-101) doc THENCE North 88 degrees 53 minutes 19 seconds West, continuing along the south nght-of-way line of Ryan Road a &stance of 90 00 feet to a point, sand point being the northeast comer of a 52 486 acre tract described an a Partition Deed to Shelton Ryan recorded ~n Volume 2522, Page 898 of the Real Property Records of Denton County, Texas, sand point also being the northeast comer of a City of Denton annexation tract being described in Ordinance No 99-176, THENCE North 88 degrees 55 minutes 09 seconds West continuing along the south right-of-way of Ryan Road along the northernmost lane of City of Denton annexation tract being described an Ordinance No 99-176 a &stance of 872 29 feet to a point for comer, sand point being the northeast comer of a 52 486 acre tract of land conveyed to Phoebe Ryan Higganbotham by Page 6 of Partition Deed, as recorded an Volume 2522, Page 898, Real Property Records, Denton County, Texas, said point also being the northwest comer of sand City of Denton annexation tract being described in Ordinance No 99-176, THENCE North 88 degrees 53 minutes 19 seconds West continuing along the south right-of-way lane of Ryan Road a &stance of 746 00 feet to a point, THENCE North 89 degrees 16 minutes 12 seconds West continuing along the south right-of-way lane of Ryan Road a &stance of 119 75 feet to a point for comer, said point being the northeast comer of a 15 435 acre tract conveyed to Wayne S Ryan by Panmon Deed, Tract 2, as recorded m Volume 2522, Page 898, Real Property Records, Denton County, Texas, sand point also lying on the east lane of the J Withers Survey, Abstract Number 1343, THENCE South along the east hne of the J Withers Survey, Abstract Number 1343 a &stance of 3,344 66 feet to a point for comer, sand point being the northeast comer of a l0 acre tract conveyed to Calvert Paving Corporation by deed recorded an Volume 1719, Page 924 of the Real Property Records of Denton County, Texas, THENCE South 88 degrees 36 minutes West a &stance of 660 feet to a point for comer, being the northwest comer of smd 10 acre Calvert Pawng Corporation tract, THENCE South 01 degree 00 minutes East a &stance of 660 feet to a point for comer, being the southwest comer of sand 10 acre Calvert Paving Corporation tract, said point lying on the north lane of a 10 464 acre tract conveyed to Calvert Paving Corporation by deed recorded an Volume 2115, Page 425, (Tract 1) of the Real Property Records of Denton County, Texas, THENCE South 89 degrees 22 minutes West along the north hne of sand l0 464 acre tract conveyed to Calvert Paving Corporation by deed recorded an Volume 2115, Page 425 , (Tract 1) of the Real Property Records of Denton County, Texas a distance of 141 48 feet to a pomt for comer, sand point being the northwest comer of sand 10 464 acre tract conveyed to Calvert Paving Corporation by deed recorded an Volume 2115, Page 425, (Tract 1 ) of the Real Property Records of Denton County, Texas and lying on the east right-of-way line of the Kansas City Southern Ranlway Company (formerly G C &SF RR), THENCE South 34 degrees 41 minutes East along sand railroad right-of-way lane a &stance of 1,158 feet to a point, 93 C 'uVly Document~PRO~IECTS~Zomnss~2000'~..00-020 A 101~Z 00-020 Ordinance (A-101) doc THENCE Southeasterly with smd right-of-way around a 0 824 degree curve to the right 525 64 feet to a poant, smd point lymg on the west line of the N Bntton Survey, Abstract No 51 and the east line of the J Withers Survey, Abstract No 1343, THENCE South along smd Survey lines a d~stance of 111 feet to a pmnt for comer, THENCE West a d~stance of 52 feet to a point for comer, smd point being the northeast comer of a 15 7998 acre tract conveyed to Connie Ann Cardwell by deed recorded in Volume 3318, Page 908, Tract 4, Real 'Property Records of Denton County, Texas, same point beang the most easterly southeast comer of a 102 493 acre tract to Sowell Property Partners - Hmkory Creek, L P by deed recorded in Volume 4413, Page 933 of the Real Property Records of Denton County, Texas, THENCE North 89 degrees 52 minutes 00 seconds West along a southerly lane of smd Sowell tract and the north line, of stud Cardwell tract a distance of 1,250 72 feet to a pmnt for comer, THENCE South 01 degrees 50 minutes 01 seconds West, along the common line of stud tracts a d~stance of 515 89 feet to a point for comer, smd poant lyang in the centerhne of Hickory Creek, THENCE along the eenterhne of smd Haekory Creek as follows 1 South, 67 degrees 25 minutes 56 seconds East 493 76 feet, to a point, 2 South 81 degrees 03 minutes 06 seconds East 99 98 feet, to a point, 3 South 51 degrees 50 minutes 31 seconds East 64 85 feet, to a point, 4 South 20 degrees 02 mmutes 27 seconds East 108 78 feet, to a point, 5 South 03 degrees 05 minutes 54 seconds East 361 60 feet, to a point, being the northeast comer of the tract of land conveyed to Jack W Basden and wife, Beverly Holmquest Basden, by deed as recorded m Volume 832, Page 794, Deed Records, Denton County, Texas, THENCE South 89 degrees 34 minutes 53 seconds West, a distance of 1,740 feet along the south line of stud Basden tract of land to a point for comer, stud point lying on the west right of way hne of Hilltop Road~ THENCE North 00 degrees 09 m~nutes 00 seconds West along the west right of way line of Hilltop Road, a distance of 45 feet to a point, THENCE North 31 degrees 48 mmutes 35 seconds West, a distance of 149 28 feet to a point, stud pmnt lying on the south right of way line of Brash Creek Road, THENCE South 88 degrees 04 minutes 34 seconds West along the south right of way lme of Bmsh Creek Road, la rhstanoe of 726 62 feet to a point for comer, smd point lyang on the intersection of the south right of way line of Brash Creek Road and the east right of way hne off M 1830, THENCE South 82 degrees 36 mmutes West across F M 1830, a dmtanee of 200 feet to a point for comer, stud point being the intersection of the south right of way line of Brash Creek Road and the west right of way line off M 1830, THENCE Westerly along the south right of way lane of Brash Creek Road, a distance of 1,810 feet to a point for comer, 94. C Wly Documenls~PRO JECTS~Zonmss~2000~-00 020 A-101XZ 00 020 Ordinance (A-101) doc THENCE North across Bmsh Creek Road, passing at 60 feet the southeast comer of a tract of land conveyed to John Brent I<hnard and wife, Mary E Kanard, as recorded in Volume 2157, Page 591, Real Property Records, Denton County, Texas, same being the southwest comer of an 80 acre tract conveyed to Charles Penmngton by deeds recorded as Clerk's File Numbers 95-R0008699, 95- R0008700, 95-R0008701, 95-R0008702 m the Real Property Records of Denton County, Texas, same being a point on the north line of Brush Creek Road and continuing north along smd Klnard and Penmngton common hne, passing at 434 14 feet the northeast comer of smd Kinard tract, same being a point in the Graveyard Branch tributary, same being the most easterly southeast comer of a C~ty of Denton annexation tract estabhshed by Ordinance No 97-130 and continmng north along the east line of said C~ty of Denton annexation tract (Ordinance No 97-130) and the west line of said Pennington tract for a total d~stanee of 2,640 feet to a point being the northwest comer of said Penmngton tract, THENCE East along the north line of smd Penmngton tract a distance of 1,320 50 feet to a point for comer, smd pomt being the northeast comer of smd 80 acre Pennlngton tract, THENCE South along the east hne of smd 80 acre Pennington tract a distance of 2,640 feet to a point for comer, smd point being the southeast comer of smd 80 acre Penmngton tract, said point also lying on the north right-of-way line of Brush Creek Road, THENCE South 89 degrees 15 m~nutes 00 seconds East along the north right-of-way line of Brush Creek Road a distance of 564 94 feet to a point for comer, smd point lying at the intersection of the north line of Brush Creek Road and the west right-of-way line of F M Road 1830, THENCE North 58 degrees 12 minutes 58 seconds East along the west right-of-way line ofF M 1830 a distance of 485 96 feet to a point for comer, and the beginning of a curve to the left having a radius of 527 23 feet, THENCE w~th smd curve to the le~ having an arc length of 534 91 feet and a chord whtch bears North 29 Degrees 09 Minutes 03 Seconds East a distance of 512 26 feet along the west right-of-way line off M 1830 to a point for comer, THENCE North 00 degrees 05 minutes 08 seconds East along the west right-of-way line ofF M 1830 a d~stance of 1,051 84 feet to a point for comer, and the beginning of a curve to the right having a radius of 1,169 35, THENCE wath smd curve to the right hawng an arc length of 158 43 feet and a chord, which bears North 03 degrees 53 minutes 39 seconds East a distance of 158 31 feet along the west right-of-way hne off M 1830 to apomt for comer, THENCE North 07 degrees 46 m~nutes 32 seconds East along the west right-of-way line ofF M 1830 a d~stance of 120 90 feet to a point for comer, smd point being the beginning of a curve to the left hawng a radms of 528 08 feet, THENCE w~th said curve to the left having an arc length of 149 46 feet and a chord winch bears South 00 degrees 19 minutes 58 seconds East a d~stance of 148 97 feet along the west right-of-way hne of F M 1830 to apomt for comer, THENCE North 08 degrees 26 minutes 28 seconds West a distance of 148 06 feet along the west right- of-way hne off M 1830 to a point for comer 95. C WI¥ DoeumenB~ROJRCTS~Zomnss~2000~Z-00 020 A-101~Z 00 020 Ordinance (A 101) doe THENCE North 81 degrees 33 mmutes 32 seconds East a &stance of 5 00 feet along the right-of-way hne of F M 1830 to a pomt for comer, smd pomt being the beginning of a non-tangent curve to the right having a fa&us of 1,472 50 feet, THENCE w~th smd curve to the right having an arc length of 199 74 feet and a chord whmh bears North 04 degrees 33 minutes 16 seconds West a &stance of 199 58 feet along the west right-of-way hne F M 1830 to a point for comer, THENCE North 00 degrees 33 mmutes 33 seconds West along the west right-of-way off M 1830 a &stance of 1,221 43 feet to a point for comer, THENCE North 00 degrees 48 minutes 47 seconds West along the west right-of-way line of F M 1830 a &stance of 27 76 feet to a point for comer, smd point being the southeast comer ofa 5 165 acre tract conveyed to Pdchard Lee Burch by deed recorded ~n Volume 1873, Page 134 of the Real Property Records of Denton County, Texas, THENCE South 89 degrees 51 mmntes 22 seconds West, departing the west right-of-way lme off M 1830 and along the south hne of smd 5 165 acre tract a &stance of 500 feet to a pomt for comer, smd pmnt being the southwest comer of said 5 165 acre tract, THENCE North 00 degrees 08 minutes 38 seconds West along the west hne of smd 5 165 acre tract a &stance of 450 feet to the northwest comer of said 5 165 acre tract to a point for comer, THENCE North South 89 degrees 51 minutes 22 seconds East along the north hne of said 5 165 acre tract a &stance of 500 feet to the northeast comer of smd 5 165 acre tract to a point for comer, smd pmnt lying on the west right-of-way hne of F M 1830, THENCE North 00 degrees 48 minutes 47 seconds West along the west right-of-way line ofF M 1830 a &stance of 1,241 24 feet to a point for comer, smd point being the southeast comer of a tract to Connie M Altemus by deed recorded in Volume 901, Page 774 of the Deed Records of Denton County, Texas, THENCE West along the south line of smd Altemus Volume 901, Page 774 tract, crossmg the Kansas C~ty Southern Rmlway Company nght-of-way and cont~numg along the south line of a tract conveyed to Conrac M Altemus by deed recorded m Volume 901, Page 777 of the Deed Records of Denton County, Texas a distance of 2,607 feet, more or less, to a point for comer, smd pomt being the southwest comer of said Altemus Volume 901, Page 777 tract, said pmnt also lying on the west hne of theBBB &CRRCo Survey, AbstractNo 196, THENCE North along the west line of the B B B & C RR Co Survey, Abstract No 196 a &stance of 1004 92 feet to a point for comer, smd point lytng in the center of Hmkory Creek, THENCE North 52 degrees 35 minutes 40 seconds West along Hmkory Creek a distance of 242 48 feet to a point for comer, THENCE North 32 degrees 40 mmntes 56 seconds West along Hickory Creek a &stance of 321 60 feet to a point for comer, smd point bem~ in the present Denton c~ty hmlt hne as estabhshed by 96 C 'u"vi y Documents~RO.IECTS~Zomngsk2000XZ-00-020 A-101~Z 00-020 Ordinance (A-101) doe Ordinance No 65-43 (Tract No IV), smd point being 660 feet southeast of and perpendmular to the centerhne ofU S Highway 377, THENCE Northeasterly, along the smd city limit line established by Ordinance No 65-43 (Tract No IV), 660 feet~southeast of and parallel to the centerhne ofU S Highway 377, passing at 518 feet, more or less, the east boundary line of the smd W Roark Survey, Abstract Number 1087, same being the west boundary line of the said B B B & C R R Survey, Abstract Number 196, and continuing for a total distance of 1,383 feet, more or less, to a point on the northeast right-of-way hne of the Kansas City Southern Rmkoad, same being a point at the westerly southwest comer of the city limit hne as estabhshed by Ordinance No 81-76, THENCE South 35 degrees 27 minutes East, along the northeast right of way line of said railroad and the southwest city hmlt line established by smd Ordinance No 81-76, a d~stance of 898 13 feet to a pmnt for comer at the southerly southwest comer of the mty limit line estabhshed by smd Ordinance No 81-76, THENCE North 89 degrees 37 minutes 22 seconds East, departing smd railroad right-of-way and continuing along the south city limit line estabhshed by smd Ordinance No 81-76, passing at 1,481 feet the west right of way line ofF M 1830, and cont~nmng for a total distance of 1,521 feet to the PO1NT OF BEGINNING and containing 670 25 acres of land, SAVE & EXCEPT a 2 25 acre Burch, et al tract for a net acreage of 668 acres wltlun the annexation tract, SAVE & EXCEPT THE FOLLOWING TRACT Field notes to all that certain tract of land situated ~n the J W~thers Survey, Abstract Number 1343, Denton County, Texas, and being a portion of the called 80 acre third tract described ~n the deed from V D Burch, et ux to Marvin Burch recorded m Volume 440, Page 214, Deed Records of Denton County, Texas, subject tract being more particularly described as follows BEGINNING at a point on the north line of Brash Creek Road and on the southerly right-of-way hne of F M Road 1830 and being North 58 degrees 12 m~nutes 58 seconds East a distance of 20 00 feet from the northwest comer of the tract of land described in the deed from A E Wyatt to Fred D Kurms being recorded in Volume 598, Page 544, Deed Records of Denton County, Texas, THENCE North 58 degrees 12 minutes 58 seconds East along the south right-of-way line ofF M 1830 a d~stance of 323 52 feet to the beglnmng of curve to the left having a radius of 617 23 feet, THENCE with said curve to the left having an arc length of 443 28 feet and a chord beanng of North 37 degrees 38 minutes 31 seconds East a distance of 433 82 to a point on the southerly right-of-way of F M 1830 and on the west line of the tract of land described m the deed to Sowell Property Partners- Hickory being recorded as County Clerk's File Number 99-R0088518, Real Property Records of Denton County, Texas, THENCE South 00 degrees 54 nunutes 46 seconds East along the west line of smd Sowell Property Partners-Hickory tract a distance 489 36 feet to a point on the north right-of-way line of Brash Creek Road, 97. C hMy Documents~PROJECTS~ZomngsL2000~Z O0 020 A 101~Z 00-020 Ordinance (A 101) doc THENCE South 87 degrees 25 minutes 34 seconds West along the north line of Brush Creek road a distance of 548 30 feet to the POINT OF BEGINNING and containing m all 2 25 acres of land Ryan Area - Tract 2 Exhibit A ALL that certam lot, tract or parcel of land lymg and being situated m the County of Denton, State of Texas, and being part of the Archibald Gibson Survey as conveyed to Robert J Caraway and wife, Georgia Caraway by deed dated January 18, 1984, and recorded in Volume 1329, Page 58, Deed Records, Denton County, Texas and being more particularly described as follows BEGINNING at a point in the south right of way line of E1 Pasco, a pubhc road, said point being the existing Denton city limits line as estabhshed by Ordinance No 65-35, same point being the northwest comer of smd Caraway tract of land and also being the northeast comer of a tract of land conveyed to Elmer Wayne Stephens, et ux, by deed dated April 16, 1974, and recorded in Volume 706, Page 79, Deed Records, Denton County, Texas, THENCE North 88 degrees 45 mmutesl0 seconds East along the existing south Denton city limits line as established by Ordinance No 65-35, same being the north property line of said Caraway tract of land, a distance of 679 58 feet to a point being the northwes! comer of the existing Denton city limits line as established by Ordinance No 73-17, same point being the northeast comer of said Caraway tract of land, THENCE South 09 degrees 35 minutes 00 seconds West along the cresting Denton city limits line as established by Ordinance No 73-17, same being the east property line of smd Caraway tract of land, a distance of 254 53 feet to a point at the southeast comer of said Caraway tract of land, same point being in the exlstmg Denton city limits line as established by Ordinance No 99-426, THENCE South 88 degrees 45 minutes 10 seconds West along the existing Denton city hmlts line as established by Ordinance No 99-426, same being the south property hne of said Caraway tract of land, a distance of 591 14 feet to a point at the southwest comer of said Caraway tract of land and being in a curve to the left, having a central angle of 09 degrees 14 minutes 08 seconds, a radius of 1,534 02 feet, a chord which bears South 10 degrees 27 mmutes 05 seconds East, a distance of 247 00 feet, THENCE along the arc of sa~d curve and the existing Denton city limits lme as established by Ordinance No 99-426, also being the west property line of said Caraway tract of land, a distance of 247 26 feet, THENCE North 14 degrees 58 minutes 40" West continuing along the exlstmg Denton city limits line as established by Ordinance No 99-426 and the west property line of said Caraway tract of land and also being an east line of said Elmer Wayne Stephens tract of land, a distance of 6 30 feet to the POINT OF BEGINNING and eontalmng in all 3 626 acres of land 98 C hMy Doeuments~PROSECTS~Z~onmgs~2000~Z 00-020 A 10BZ4)0-020 Ordinance (A 101) doc AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2001 DEPARTMENT: Planning Department ~ ~_ CM/DCM/ACM: David Hill, 349-8314 SUBJECT- (A-102) (US 377/I-35W) Consider approval of the second reading of an annexataon ordinance of the C~ty of Denton, Texas, which was amended on January 9, 2001, and was published on January 20, 2001 and which passed on first readang on November 28, 2000 and was pubhshed on December 8, 2000 to annex two tracts of land comprising 534 acres, Tract One being located east of Interstate Highway 35 West and west of the Kansas City Southern Rmlway, extending south along Bonnie Brae approximately 6,400 feet north of U S Highway 377, and Tract Two being located northeast of the intersection of Corbln and Bonnie Brae, and providing an effective date (A-102, US 377/I-35W Annexation) BACKGROUND An involuntary annexation proceeding is being considered by the City of Denton for approximately 534 acres of land located m the southwest section &the city, between US Highway 377 and Interstate Highway 35 West, which is a reduction from the 1,159 acres approved for annexation on first reading by City Council on November 28, 2000 City Council considered an ordinance to amend the proposed annexation ordinance on January 9, 2001 The amended ordinance was published on January 20, 2001 ~ The Planmng and Zoning Commission voted 3-2 to recommended approval of the proposed annexatlon~as revised by City Council on November 7, 2001 ~ The subject property is proposed to be zoned (Z-00-021) Agricultural (A) on February 20, 2001 ~ See the attached January 9, 2001 City Council report for more detatled background information PRIOR ACTI[ON/REVIEW The following is a chronology of A-102, commonly known as US 377/I-35W Application Date - September 22, 2000 DRC Date(s) - September 7, 14, 21, 28 and October 6, 2000 P&Z Date - November 8, 2000 ESTIMATED PROJECT SCHEDULE The annexation is proposed to be approved on February 20, 2001 FISCAL INFORMATION Development of th~s property will increase the assessed value of the c~ty, county, and school d~stnct See attachment # servme plan P&Z SUGGESTED RECOMMENDATION The Planmng and Zomng Comm~ssmn recommends approval (3-2) of th~s annexation request OPTIONS 1 Approve as submitted 2 Deny ATTACHMENTS 1 Location Map 2 C~ty Council Report January 9, 2001 (A-102) 3 Draft Ordinance Respectfully submitted ZfDouglas~ Powell, A~ICP / Director of Planmng and Development Prepared by M'arc)M~atcllff \ [[ Developme~ Revlew Magager , Attachment 1 A NORTH A-102 US 377/I-35W Annexation LOCATION MAP Scale None AGENDA DATE: Sanuary 9, 2001 DEPARTMENT: Planning Depa~ ~ent CM/DCM/ACM: David Hill, 349-8314 .SUBJECT - (A~102) (US377/l-35Y~,dnnexatlon) Consider adoption of an ~rd~nanee of the C~ty of Denton, Texas, amending a proposed annexahon ordinance wtuch passed on first reading on November 28, 2000 and was pubhshed on December 8, 2000 to annex ~thrce tracts of land comprising 1,159 acres, Tract One being located west of U S H~ghway 377, south of Allred and north and south of Jolmson Lane, Tract Two being located east of Interstate H~ghway 35 West and west of the Kansas C~ty Southern Radway, extending south along Bonnie Brae approximately 6,400 feet north of U S H~ghway 377, and Tract Three being located northeast of the intersection of Corbm and Bonme Brae, and prowdlng an effective date (A-102) BACKGROUND An involuntary aunexat~on proceeding ~s being considered by the City of Denton for approximately 553 acres of land located m the southwest sectlon of the c~ty, between US H~ghway 377 and Interstate H~ghway 35 West, which is a reducbon fxom the 1,159 acres approved for annexation on first reading by C~ty Couned on November 28, 2000 A map of the reduced area being considered for an.nexatlon is prowded in A~tachment gl Also provided ~n Attachment gl is a map shox, nng parcel numbers referenced throughout th~s report On December 8, 2000, the entire annexation ordinance for A-102, as adopted on first reachng, was pubhshed m the Denton Record - Chronicle m accordance ~nth the Cdy of Denton Charter Actions Taken Since November 28, 2000 First Reading Ordinance Adoption In antlclpatmnlof further parcel deletions, staff has prepared an amendment to the first reading ordinance ado#ted on November 28, 2000 (Attaehraent 4) Several addmonal pamels have been deleted The parcels identified for possible agreements m lieu of annexation (parcels # 116 - 122) have been deleted in the draft ordinance A meeting x~nth the affected property owners was held on January 4, 2001 to chscuss the draft agreements In addition, parcels # 13, 14, 15, 18, 19, and 20 have been deleted qpon consultatson v~th Councd Member Cochran, under the prermse that further development o~these properties would be severely constrained by the presence of floodplains Summ~ry of Pared Deletions October 24, 2000 Original Proposal 1,711 acres November 7, 2000 Tract #4 (Happy Acres), #33 - 53 - 265 acres November 14, 2000 #28, 30, 31, 32 - 287 acres November 28, 2000 l~rst Reading Acreage 1,159 acres Jaanarylg, 200l (Draft) Tract #4 (#116- 122), #13, 14, 15, 18, 19, 20 - 606 acres Remaining Acreage Being Considered for Annexation: 553 acres 4. SERVICE PLAN As per state law, a serwce plan has been prepared and made available for public mspectlon (Attachment #3) Amendments based upon parcel deletions and legal recommendations, and approved by City Council on November 7th and November 14th, have been incorporated rote the service plan The service plan remains unchanged fi.om the time of 1 ~t reading adoption on November 28, 2000 OPTIONS Tho boundaries of the proposed annexation may be reduced x'nthout requmng lmtmtlon of a new annexation process and schedule However, the first reading ordinance, or any amendments to the ordinance must be published in the newspaper Because the C~tb"s Charter reqmres pubhcatlon of any amendment to the annexation ordinance, as a precantlonary measure, Legal staff recommends that the ordinance amendment be published Therefore, the proposed ordinance, as amended, may not be approved on second reading untd at least 30 days have passed after the date ofpubhcat~on Because staff ant~crpates further amendments to the A-102 first reading ordinance, Council adoption of an amended ordinance has been scheduled rather than adoption on second reading In order to meet the 30-day notice reqmrement and consider adoption of an amended ordinance on second readlng, staffwfll have to deliver the amended ordinance to the Denton Record Chronicle to be pubhshed no later than January 20, 2001 The second reading of the A-102 annexation ordinance will then be scheduled for February 20, 2001, which Is at least 30 days after the date of pubhcat~on Axmexat~on proceedings must be concluded w~thm 90 days from the date of ~mt~atmn (November 28, 2000), which means that the last date for approval is February 26, 2001 It is important to note that, should the A-102 ordinance be amended after the January 9, 2001 meeting, the annexation cannot take effect due to msufficlent t~me to meet City Charter pubhcat~on requirements (unless Counml schedules a Special Called meeting) November 28, City Charter January 9 City Charter February 20, ]February 26, 2000 30-day or 16, 2001 30-day 2001 2001 pubhca/mn pubhcatlon [1st Reading of reqmrement [1st Reading reqmrement [2nd Reading DEADLINE Ordinance] Ordinance of Ordinance] FOR [Dec 8, 2000 Amendment] [Jan 20, 2001 - CO1VIPLETION INITIATIONOF - Jan 7, 2001] Feb 19, 2001] PRocEOEFDINGS RECOMMENDATION Staff recommends that Coune~l approve the amended annexation ordinance as drafted If additional parcels are to be deleted, staff recommends making all amendments ant~cipated on January 9th. The annexatmn proceeding must be completed wathin 90 days of amtmtlon (90 days from the November 28th adoptmn on first reading Is February 26, 2001), the latest regular meehng date the ordinance can be adopted on second reading ~s February 20, 2001, w~th an ~mmedmte effective date ESTIMATED SCHEDULE OF PROJECT A revised annexahon schedule is provided m Attachment #2 5 PRIOR ACTION/REVIEW Tho issue of annexation of this area was first rased as a result of a voluntary aunoxation petition filed by the Denton Independent School District (DISD) on July 18, 2000 to request annexation of an 18 1- acre elementary school site C~ty staff presented the reformation to C~ty Council at the August 8, 2000 work session Council discussed development mterust in the general vlcimty and ~nstmcted staff prowde further informatton regardmg a broader annexation action Durmg the August 22, 2000 work session, staff was mstmcted to mstltUte involuntary annexation proceedings encompassmg the area currently under consideration because of infrastructure avmlabihty and lmpendmg development pressure Two required public heanngs were held at the October 24th and November 7th Council meetings In addition, a neighborhood meeting was held on Monday, November 6th, at 6 30 PM, at the Argyle Elementary School, to answer questions and listen to comments The Planmng and Zomng Commission held a public heann.~ on Wednesday, November 8th A special called City Council meeting was held on November 14u' Dunng the November 7, 2000 meeting, Council approved the deletion of former Tract #4, a 173-acre tract and several parcels from Tract #2, by a vote of 7-0 The remaining area under annexation consideration was reduced at that time from 1,711 acres to 1,446 acres by deleting 265 acres The deleted parcels are reflected in Attachment #I Council also decided to continue to deliberate and possibly take action regarding further parcel deletions, pending the prowslon of additional reformation regarding current land uses and agreements in lieu of annexation at the November 14th meeting On November 8, 2000, the Planning and Zomng Commlsslon voted 3-2 0hshel, McNeil, and Moreno - in favor, Holt and Oourdy - opposed, Apple and Williams - absent) to recommend approval of the proposed annexation excluding Tract 4 (Happy Acres), Tract 1 (504 acres - the area south of Allred Road), the 87 acres out of Tract 2 (parcels 32-53) and the amended service plan The Planmng and Zoning Commission voted 5-0 to recommend approval to zone the subject annexation area Agricultural (A) if the annexation ~s approved City Council at the special called meetmg on November 14, 2000 voted to delete four more parcels (#28, #30, #31 and #32) The four parcels located in Tract 2 total an estimated 287 acres There was further dlscusslon deleting all of Tract #1 pending possible execution of agreements restnctmg subdivision and development of the land Council Work Session August 8, 2000 Council Work Session August 22, 2000 DRC Review August 24, 2000, September 7, 14, 21, 28, 2000 and October 6, 2000 Petition Filing Date September 22, 2000 Pubhe Heanng #1 October 24, 2000 Public Heanng #2 November 7, 2000 P&Z Public Hearing & Recommendatmn November 8, 2000 Neighborhood Meeting November 9, 2000 Council Work Session & Special Called Meeting November 14, 2000 1st Reading Adoption November 28, 2000 ATTACI-IMENTS 1 LocatlonMap .~ 2 Annexation Schedule ~ 3 1 Reading Ordinance adopted November 28, 2000 (v~thout exhibits) 4 Draf~ Amended Ordinance Assistant C~ty Manager, Development Servmes Attachment 1 ~ A-102 US 377/I-35W Annexation NORT} LOCATION MAP SCALE NONE Note: Shaded p~cels ~e under consideration for ~exation as identified in J~u~ 9, 2001 dra~ A-1010rdin~ce Amendment Attachment 2 ANNEXATION SCHEDULE FOR US B77/I-BSW Annexation Area Friday, September 22 Involuntary Annexation Petition filed, Annexatlon Study & Service Plans Drafted; 30 day notice of intent to annex to each property owner, each public entity or pnvate entity that provides services in the area and each railroad company Friday, October 6 Annexation Service Plans Completed Thursday, October 5 Notice sent to be pubhshed on Monday, October 9 on City Website and m Denton Record-Chromcle for CC's first public hearing (Noon) Friday, October 13 500' Courtesy Not, ce and Posting of signs Thursday, October 19 Deadline for receipt of petitions for opposition (10 days after notice) Tuesday, October 24 Clly Counc~l Conducts first public heanng Wednesday, October 25 Notice sent to be pubhshed on Saturday, October 28 on City Webslte and m Denton Recerd-Chromcle for PZ's pubhc heanng on annexation and zomng and CC's second public heanng on annexation and zoning (Noon) Tuesday, November 7 C~ty Council Conducts second public hearing Wednesday, November8 Planning and Zoning Commission pubhc hearing - make a recommendallon to City Council regarding the proposed annexation and the proposed zoning Tuesday, Nov. 28, 2000 F~rst reading of annexation ordinance - C~ty Council by 4/5's ~ote institutes annexation proceedmgs Wednesday, Nov 29, 2000 Annexation or&nance pubhshed on Saturday, December 8, 2000 on C~ty Webslte and in Denton Recerd-Chromcle Tuesday, ,lan. 9, 2001 Consideration of amendments to the adopted 1't reading ordinance - Council must approve by 4/5's vote Saturday, Jan 20, 2001 Latest date for pubhcahon of amended ordinance in newspaper to allow consideration of adoption on 2"~ reading on February 20* Tuesday, Feb. 20, 2001 Second reading and adoption of annexation ordinance and zoning ordinance- City Council by a 4/5's vote takes final action Attachment 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING TWO TRACTS OF LAND COMPRISING APPROXIMATELY 534 ACRES IN THE SOUTHWESTERN SIDE OF THE CITY OF DENTON'S EXTRATERRRITOTIAL JURISDICTION. TRACT TWO IS LOCATED EAST OF INTERSTATE HIGHWAY 35 WEST AND WEST OF THE KANSAS CITY SOUTHERN RAILWAY COMPANY, EXTENDING SOUTH ALONG BONNIE BRAE APPROXIMATELY 6,400 FEET NORTH OF U S. HIGHWAY 377. TRACT 3 IS LOCATED NORTHEAST OF THE INTERSECTION OF CORBIN AND BONNIE BRAE, PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE (A-102). WHEREAS, the C~ty of Denton wmhes to extend ~ts City boundary line to ~nclude the 532 acre tract labeled as "Tract #2" and the 1 7 acre tract labeled as "Tract 3", more partmularly described in Exhibit A, and WHEREAS, notice was mmled m accordance w~th state annexation law and Denton City Code, and WHEREAS, the aforementioned pubhc heanngs were conducted not more than forty (40) days nor less than twenty (20) days prior to the mst~tut~on of the annexation proceedings, and WHEREAS, pubhc heanngs were held ~n the Cotmml Chambers on October 24, 2000, and November 7, 2000, to allow all ~nterested persons to state thmr wews and present ewdence beanng upon th~s annexation, and WHEREAS, after a pubhc heanng on November 8, 2000, the C~ty of Denton Planmng and Zomng Commmmon recommended approval of the annexation by a vote of 3-2, and WHEREAS, annexation proceedings were ~nst~tuted for the property described here~n by the lntroduct~on of thru ordmance at a meeting of the C~ty Councd on November 28, 2000, and WHEREAS, thru ordinance has been pubhshed m full one t~me m the official newspaper of the C~ty of Denton after annexation proceedings were instituted and 30 days prior to C~ty Councd takmg final action, as reqmred by C~ty Charter, and WHEREAS, certmn areas have been deleted to prowde for conservation easements or land trust dedmat~ons to protect enwronmantally senmt~ve areas, or have been deleted because of the unhkehhood of ~mm~nent development and the C~ty Councd finds that such deletmns are ~n the pubhc ~nterest, and WHEREAS, the C~ty Council finds that ~t ~s ~n the pubhc ~nterest to the extent that thru annexation results m an area bmng entirely surrounded by the c~ty hunts of Denton but such area ~s not included ~n the mty hm~ts, and WHEREAS, the C~ty Cotmml finds that the annexation wall be ~n comphance w~th the 1999 Denton Plan, 10 WHEREAS, the areas to be annexed he within the extratemtortal junsdmtlon of the City of Denton, Texas and lie adjacent to and contiguous to the City of Denton, Texas, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I The land and temtory lying outside of, but adjacent to and contiguous to the City of Denton as the 532-acre tract labeled as "Tract 2", and the I 7-acre tract labeled as "Tract 3", more particularly described m Exhibit "A", attached hereto and incorporated herein by reference, is hereby added and annexed to the City of Denton, Texas, and said territory as described shall hereinafter be included within the boundary hmlts of the City of Denton, Texas, and the present boundary limits of smd city, at the various points contiguous to the area described in Exhibit "A" are altered and amended so as to include said area within the corporate limits of the City of Denton, Texas SECTION II That the land and temtory described in Exhibit "A" shall be part of the City of Denton, Texas, and the property so added shall bear its share of the taxes levied by the City of Denton, Texas, and the mhabxtants thereof shall be entitled to all of the rights and pnvdeges as citizens and shall be bound by the acts, ordinances, resolutions and regulations of the City of Denton, Texas SECTION III That the service plan attached as Exhibit B, and incorporated by reference, which provides for the extension of mumclpal services to the annexed property, is approved as part of this ordinance, and the implementation of the service plan is hereby authorized SECTION IV The annexed property is temporarily classified as Agricultural (A) zoning district classfficat~on and use designation SECTION V The City of Denton official zoning map is amended to show the Agricultural (A) zoning district and use classification of the property annexed SECTION VI Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remmmng portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all the real property described in Exhibit A regardless of whether any other part of the described property is hereby effectively annexed to the City If any part of the real property annexed is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the temtory annexed as fully as if the excluded area were not expressly described m this ordinance SECTION VII That this ordinance shall become effective fourteen (14) days from the date of its final passage and publication, and the City Secretary is hereby directed to cause the entire ordinance 11 to be pubhshed once and the descnpt, ve caption to be pubhshed twine ~n the Denton Record-Ckromcle, the officml newspaper of the C~ty of Denton, Texas, w~th~n ten (10) days of the date or,ts passage PASSED AND APPROVED th~s the __ day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L ~_~, CITY ATTORNEY 12 U.S. 377 Area - Tract 2 Exhibit A ALL that certain lot, tract or parcel of land lying and being s~tuated m the County of Denton, State of Texas, and being part of the O S Brewster Survey, Abstract Number 56, the W Sajws Survey, Abstract Number 1174, the S Pntehett Survey, Abstract Number 1004, the J Edmondson Survey, Abstract Nttmber 400, the W Roark Stu~vey, Abstract Number 1087 and being more particularly described as follows BEGINNING at a pomt m the present Denton c~ty hrmt hne as estabhshed by Ordinance No 60-40, sa~d point lying 500 feet southeasterly of and perpendicular to the centerhne o£Interstate H~ghway 35 West, sa~d point also lying on the west hne of the Kansas C~ty Southern Railway Company (formerly GC &SF Railroad), THENCE South 20 degrees 50 minutes 12 seconds West, along the present Denton c~ty hm~t hne estabhshed by Ordinance No 69-40, Tract II, 500 feet southeasterly of and parallel to sa~d Interstate H~ghway 35 West centerhne, a d~stance of 3,638 feet to a point for comer, THENCE South 26 degrees 51 minutes 40 seconds West, continuing along the c:ty hm~t hne estabhshed by Ordinance No 69-40, Tract II, 500 feet southeasterly of and parallel to s~ud Interstate H~ghway 35 West centerhne, a d~stance of 5,869 69 feet to a point for a comer m the south hne of the sa~d S Pntchett Survey, Abstract Number 1004, same being the south hne of the S Pntchett Survey, Abstract Number 1021 and the north hne of the tract described m Ordinance No 91-033, Tract III, THENCE South 89 degrees 02 minutes 00 seconds East, along the c~ty hm:t hne estabhshed by Ordinance No 91-033, Tract III and sa~d Survey hnes, a d~stance of 2,700 feet to a point for comer at the northeast comer of the smd Tract II! and the northeast comer of the J Harris Survey, Abstract Number 555, same being the northwest comer of the W Roark Survey, Abstract Number 1087, THENCE SQuth 00 degrees 08 minutes 00 seconds West, contmmng along the present Denton c:ty hm~t hne estabhshed by annexation Ordinance No 91-033, Tract III and the east hne of sa~d Hams Survey and the west hne of sa~d Roark Survey, to and along the m:ddle of a County Road, known as Bonme Brae, a d~stanee of 2621 35 feet to a point for comer, sa~d point being the Southwest comer of a tract of larld conveyed to Joab Partners L P recorded m Volume 4283 Page 855 Real Property Records of Denton County, Texas, THENCE South 89 degrees 29 minutes 08 seconds East along the South hne of smd to Joab Partners L P tract a d~stance of 1700 62 feet THENCE North 88 degrees 46 minutes 32 seconds East along the South hne of sa~d to Joab Partners L P and the a North hne of a tract of land conveyed to V D Burch recorded m Volume 239 Page 137 Deed Records of Denton County, Texas a d:stance 1502 66 feet THENCE North 00 degrees 47 minutes 19 seconds West along the Northerly West hne of sa~d V D Burch tract and passing the Northeast comer of smd Joab Partners L P tract and passing the Southeast comer of the, tract of land conveyed to New T~me Investments Corporanon recorded ~n Volume 2399 Page 112 Real Property Records of Denton County, Texas and contmmng along the East hne of said New T~me Investments Corporation tract a d~stance 2294 14 feet to the Northeast comer of sa~d New T~me Investments Corporation tract and also being the Northerly most Northwest comer of sa~d V D Burch tract, 13 THENCE in a Southerly Direction the next following 7 calls along the East boundary of said V D Burch tract and along and near the meridian of Hickory Creek, 1 THENCE South 84 degrees 05 minutes 01 seconds East a distance of 206 78 feet, 2 THENCE South 62 degrees 01 minutes 26 seconds East a distance of 242 77 feet, 3 THENCE South 55 degrees 31 minutes 24 seconds East a distance of 206 78 feet, 4 THENCE South 35 degrees 25 minutes 14 seconds East a distance of 298 70 feet, 5 THENCE South 07 degrees 50 minutes 35 seconds East a distance of 622 41 feet, 6 THENCE South 28 degrees 10 minutes 12 seconds East a distance of 400 35 feet, 7 THENCE South 07 degrees 13 minutes 55 seconds East a distance of 433 75 feet, THENCE South 20 degrees 31 minutes 17 seconds East along a Burch East boundary line a distance of 21 90 feet to a point for comer, smd point being the northwest comer of the dlsamaexation tract established by Ordinance No 80-1, Tract III, smd point being 500 feet northwesterly of and perpendicular to the centerhne of U S Highway 377 and being on an annexation line established by Ordinance No 69-40, Tract III, THENCE North 43 degrees 51 minutes East along said present Denton city limits established by Ordinance No 69-40, Tract III, 500 feet northwesterly of and parallel to the centerhne of U S Highway 377 a distance of 986 feet to a point for comer, said point being the intersection of the west right-of-way line of the Kansas City Southern Rmlway Company (formerly G C & S F Rmlroad) and the southwest right-of-way line of the Union Pacffic Rmlroad (formerly Texas and Pacific), THENCE Northwesterly along the present Denton city limit line established by annexation Ordinance 65-43, Tract IV, and the west right-of-way line of the G C & S F Rmlroad an arc length of 1,877 feet to a pmnt for comer, smd point being the southeast comer of City of Denton annexation Ordinance No 84-18 and smd point lying on the south line of the A Hlckman Survey, Abstract Number 521, THENCE West w~th the south line of smd Hlckman Survey and the along the south line of smd Ordinance No 84-18, a dastance of 1,680 feet to a point for comer, same being the southwest comer of smd Hmkman Survey, THENCE North along the west boundary line of the smd Hmkman Survey and a west line of said Ordinance No 84-18, a distance of 1,029 feet to a point for comer lying in the centerhne of Hickory Creek, THENCE North 48 degrees 14 minutes 27 seconds West along the centerhne of Hickory Creek a distance of 302 06 feet to a point for comer, THENCE South 81 degrees 14 minutes 33 seconds West along the centerhne of Hickory Creek a distance of 958 63 feet to a point for comer, THENCE South 58 degrees 07 m~nntes 54 seconds West along the centerhne of H~ckory Creek a distance of 210 84 feet to a point for comer, smd point lying within Bonnie Brae Road, THENCE South 69 degrees 56 minutes 37 seconds West along the centerhne of Hmkory Creek a distance of 350 feet to a point for comer, smd point lying on the west line of the J Edmonson Survey, Abstract No 400 and the east hne of the S Pntchett Survey, Abstract No 1004, THENCE North along smd Survey hnes a distance of 511 feet to a point for comer, smd point being the inner-ell comer of a tract conveyed to The Veteran's Land Board of the State of Texas by deed recorded In Volume 966, Page 57 of the Deed Records of Denton County, Texas, THENCE North 89 degrees 03 minutes 10 seconds West a distance of 297 45 feet to a point for comer, THENCE North 89 degrees 03 minutes 10 seconds West a distance of 594 55 feet to a point for comer, said pmnt being the southwest comer ora 13 33 acre tract conveyed to Asa W Yount et ux by deed recorded m Volume 929, Page 734 of the Deed Records of Denton County, Texas, THENCE North 89 degrees 03 m~nutes 10 seconds West a distance of 422 50 feet to a point for comer, smd point being the southeast comer of a tract conveyed to The Veteran's Land Board of the State of Texas by deed recorded m Volume 989, Page 401 of the Deed Records of Denton County, Texas, THENCE North 26 degrees 51 minutes 20 seconds East a distance of 1,685 26 feet to a point for comer, THENCE South 89 degrees 24 minutes 20 seconds East a distance of 600 feet to a point for comer, smd point lymg on the west line of smd J Edmondson Survey, Abstract Number 400 and the east line of said W Sajv~s Survey, Abstract Number 1174, said point also being a southwest comer of the present Denton mty hmlts estabhshed by annexation Ordinance No 84-18, THENCE North with the east line of sa~d W Sajws Survey and a west line of smd Ordinance No 84- 18, a distance of 1,100 00 feet to a point for comer at the northeast comer of smd W Sajvis Survey, smd point also lying ~n an east and west county road (Corb~n), THENCE West with the North line of smd W Sa. lms Survey and a north line of said Ordinance No 84-18 and ~n an east and west county road (Corbin) to the southwest comer of Lot 23 of the Solar Way Addition for a comer, THENCE North 01 degrees 18 nnnutes 49 seconds East a distance of 592 76 feet to a point for comer at the northwest comer of Lot 21 of smd Solar Way Addition, THENCE South 87 degrees 17 minutes 13 seconds East a distance of 387 56 feet to a point for comer at the southwest comer of Lot 10 of said Solar Way Addition, THENCE North 04 degrees 55 minutes East a d~stance of 33 30 feet to a point at the southeast comer of Lot 9 of s0ad Solar Way Addition, THENCE North 42 degrees 52 minutes 40 seconds West a distance of 75 76 feet to a point for comer, THENCE North 69 degrees 49 minutes 15 seconds West a distance of 80 26 feet to a point for comer, 15 THENCE North 14 degrees 56 minutes 43 seconds West a dtstance of 70 14 feet to a pmnt for comer, THENCE North 39 degrees 25 minutes 17 seconds West a distance of 119 03 feet to a point for comer, THENCE North 02 degrees 30 minutes 08 seconds East a distance of 186 85 feet to a point at the northwest comer of Lot 9 and the southwest comer of Lot 8 of said Solar Way Addttlon, THENCE North 19 degrees 47 minutes 27 seconds East a dmtance of 713 54 feet to a point at the northwest comer of Lot 1 of smd Solar Way Addition, THENCE South 89 degrees 12 minutes 11 seconds East along the north boundary line of sand Lot 1 a dmtance of 483 25 feet to a point for comer, smd point lying 500 feet west of the east line of smd O S Brewster Survey, Abstract No 56, THENCE North 500 feet west of and parallel to the east line of said O S Brewster Survey, a distance of 700 feet to a point for comer, THENCE East w~th the north line of said Ordinance No 84-18, a dmtance of 500 00 feet to a point for comer in the west right of way hne of sa~d Kansas City Southern Railway Company, same point also being in the present city hm~t line as estabhshed by Ordinance No 60-40, THENCE Northwesterly with the western nght of way lane of sand Kansas City Southern Railway Company and the present Denton c~ty hmlt line as established by Ordinance No 60-40 along the various calls a total distance of 2,400 feet to the PO1NT OF BEGINNING and contanmng in all 553 acres of land, save and except a 21 acre tract of land owned by Joe M Erwln described in an Extension of Lien Instm_ment recorded ~n Volume 659, Page 25 of the Deed Records of Denton County, Texas, for a net acreage of 532 acres SAVE & EXCEPT TRACT ALL that certmn lot, tract or parcel of land situated m the County of Denton and State of Texas, 4-1/2 miles south 45 deg West from Denton and being part of the most northern S A Pntchett Survey, and more particularly described as follows BEGINNiNG 475 2 vrs South of the northeast comer of the original survey, a rock, THENCE West 594 vrs a rock for comer, THENCE South 34 vrs a stake in the center of the channel of Hickory Creek, THENCE down the center of the channel of Hickory Creek as it meanders to a point where said creek crosses the east boundary line of the original survey, THENCE North with sand east boundary line 184 vrs to the PLACE OF BEGINNING, contanmng 21 acres of land, more or less 16 U S 377 Area -Tract 3 Exhibit A All that certtun lot, tract or parcel of land lying and being situated m the County of Denton, State of Texas, and being part of the O S Brewster Survey, Abstract Number 56 and also being part of a tract o£ land as conveyed from Earl W W~lson to Sue M W~lson by deed as recorded in Volume 774, Page 633, Deed Records, Denton County, Texas, same being the save & except tract as described ~n C~ty of Denton annexation Ordinance No 84-18, and being more particularly described as follows BEGINNING at an old iron pin at a fence comer at the southeast comer of smd 2 11 acre tract and ~n the east boundary line of smd O S Bmwster Survey, Abstract Number 56 and being in the present Denton mty hmlts as established by Ordinance No 84-18, THENCE South 87 degrees 03 minutes 10 seconds West along the present Denton mty hmlts as estabhshed by Ordinance No 84-18 and with smd fence, a distance of 269 36 feet to a steel pm at a fence comer In the east right of way hne of Bonnie Brae Street, a public road, THENCE North 20 degrees 55 minutes East along the present Denton mty hmlts as established by Ordinance NO 84-18 and w~th the east right of way hne of smd Bonnie Brae Street, a distance of 420 5 feet to a steel pin at a fence comer and being the southwest comer of a tract out of smd 2 11 acre tract as described in a deed from Lavella Barber to J H Howard and w~fe, on November 14, 1964, and recorded m Volume 516, Page 140, Deed Records, Denton County, Texas, THENCE South 72 degrees 12 m~nutes 40 seconds East along the present Denton c~ty hm~ts as established by Ordinance No 84-18 and with stud fence, a d~stance of 124 85 feet to a steel p~n at a fence comer in the east hne of stud 2 11 acre tract and of stud O S Brewster Survey, Abstract Number 56, THENCE South along the present Denton c~ty limits as established by Ordinance No 84-18 and with smd fence and smd O S Brewster Survey, Abstract Number 56, a d~stance of 340 8 feet to the POiNT OF BEGINNING and conttumng 1 654 acres of land 17 Exhibit B CITY OF DENTON ANNEXATION SERVICE PLAN FOR A-102 (US 377/I 35 W) I. AREA ANNEXED The annexation area lS located in the southwestern port~on of the extra-temtonal jurisdiction of the C~ty of Denton, and contains approximately 553 acres The annexation area of Tract #2 ~s located east of Interstate H~ghway 35 West and west of the Kansas City Southem Railway Company, extenchng south along Bonme Brae approximately 6,400 feet north of intersection of U S H~ghway 377 Tract #3 is located northeast of the ~ntersectmn of Corbln and Bonnie Brae See Attachment "1" II. INTRODUCTION This servme plan has been prepared in accordance with the Texas Local Government Code, Section 43 021, 43 065 and 43 065(b)-(o)(Vemon Supp 2000) Municipal facilities and services to the annexed area described above will be provided or made avmlable on behalf of the c~ty in accordance with the following plan The City shall prowde the annexed tracts the levels of servme, infrastructure and ~nfrastructure maintenance that are comparable to the levels of service, infrastructure and ~nfrastmcture maintenance avmlable in other parts of the city w~th similar topography, land use and population density III. AD VALOREM {PROPERTY OWNER) TAX SERVICES A POLICE~ CODE ENFORCEMENT AND ANIMAL CONTROL SERVICES The entire complement of Pohce, Code Enforcement and Ammal Control services wtll be provided on the effective date of the annexation The City shall provide a level of services, ~nfrastmcture and ~nfrastructure mmntenance that ~s comparable to the level of services, infrastructure and infrastructure mmntenance avatlable ~n other parts of the city wtth topography, land use and population density slmdar to those reasonably contemplated or projected ~n the area The Pohce Department will be able to prowde appropriate service to this area immediately upon annexation The lmmedmte ~mpact of the annexation will be addressed by the pohce department w~thout additional resources, due to the primarily undeveloped condition of the area The Pohce Department already prowdes service to neighborhoods that d~rectly surround the proposed annexation area As the population grows and more land ~s developed, additional staffing will be deployed to mmntam a consistent level of service The Denton Pohce Department employs a pohclng philosophy known as Community Oriented Pohcmg Servmes (C O P S ), wherein, the mission is to pos~tlvely impact the quality of life throughout the community To achieve these ends, the department is committed to forming practical partnerslups with the citizenry, which includes a mutual goal setting process aimed at resolwng problems, reducing fear, preserwng the peace and enforcing the law, thereby, providing for a safe environment for all citizens The primary goal is to provide a system of dehvenng pohce services to neighborhoods based on three basic elements 18 ~ Consultation ~' Adaptation ~ Moblhzatlon Implementation of these three elements provides for stmetunng service delivery an a way that relnfomes the strengths of neighborhoods, whereby at involves the community in all policing activities that directly impact the quality of commumty life Neighborhood officers are the link between cmzens and the management of the organization and take the initiative to seek and collect information/ideas from average law abiding citizens Through these activities, the officews are better informed about what the citizens want in the way of police service in their respective neighborhood and plans are adopted to implement those services This system of service dehvery has been nationally recognized via two National League of Cities awards for "Innovative Police Services Programming" Those awards were received in 1994 and 1997 The Pohce Department offers a Citizens Pohce Academy that was launched in the fall of 1992 It is specifically intended to involve residents in policing through a curriculum designed to acquaint participants with the entire police operation, thus providing a clearer understanding of what the police and other associated services an their community can do for them Additionally, the department offers a Citizen Youth Academy with much the same focus, except it is directed toward youth ages 15 to 18 Many other programs are offered, such as, the H E A T (Help End Auto Theft) program, S C AM S (Senior Citizens Agmnst Money Seams) presentations and various Crime Prevention surveys, just to name a few B FIRE AND EMERGENCY MEDICAL SERVICES Fare protection and emergency medical services will be provided on the effective date of the annexation using existing Denton Fare Department personnel and equipment Also, a mutual aid agreement with the Argyle Volunteer Fare Department currently exists The City shall provide a level of services, infrastructure and infrastructure maintenance that IS comparable to the level of services, infrastructure and infrastructure maintenance avmlable in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area Denton Fare Department services immediately available Include · Fire suppression/rescue response -- minimum staffing level of 33 firefighters 365 days a year/24 hours per day operating from 6 fire stations = 4 engine companies, 2 quant engine compames, 1 tTuck company, 4 medic ambulances and 1 Battalion Chief · Emergency medical services at Advance Life Support (ALS) level = all fire engines have a paramedic and paramedic equipment - The City has 4 fully staffed paramedic ambulances with 2 reserve ambulances that can be staffed by an engine company · Voluntary home fire prevention inspections · Swift water rescue team and equipment · Urban search and rescue team and equipment · Heavy rescue team and equipment · Hazardous material response · Fare prevention and education program -- clown program and fire safety trmler · Victim support program · CPR/Flrst md trmnmg for citizens ~9. · Emergency management program for d~saster preparedness Fire protection and Prevention 1 Imtlally, fire protection will be prowded by Station #3 at 1204 McCormick and Station #6 at 3232 Teasley Lane Depending on the type of emergency, additional eqmpment will be reqmmd For example, a structural fire reqmms 3 engine companies, 1 truck company, a Battalion Chief, an ambulance, and a F~re Marshal for an ~mtml response 2 The Fire Department's emergency response time to this annexation w~ll exceed the Fire Department's five-year Strategic Plan's goal of a 4-m~nute response t~me to City residents 80% of the time However, the Denton Fire Department's response to thru annexation area will still substantmlly improve the current level of fire protection and emergency medical care 3 The F~re Department Strategic Plan recommends two new fire stations ~n thru area ~n order to mmntmn the same level of service prowded to other areas of the C~ty of Denton The Fire Department Strategic Plan calls for new fire stations located in the vmlmty of Brush Creek Road and US 377, and in the FM 2449 / 1-35 W area These new fire stations will allow for an acceptable 4-minute response time in 80% of the emergencies The FM 2449 / 1-35W station (#7) is being actively pursued at the present t~me, and is budgeted for Fiscal Year 2002-03, unless c~rcumstances ex~st beyond the control of the c~ty Station #8 w~ll be programmed as conditions warrant, depending on new development and population growth 4 Other areas within emst~ng city boundaries do not meet the 4-minute response time goal and are s~mflar ~n duration to the expected response t~mes to th~s annexation Improwng future response tnnes to these areas are also addressed by the Fire Department's Strategic Plan 5 The City of Denton is close to slgmng an automatic md agreement w~th the City of Fort Worth Fire Department for brush fire response ~nto th~s area along w~th structure firefightmg 6 No automatic md agreements with Argyle Volunteer F~re Department currently exist with the C~ty of Denton Through a mutual md agreement, fire protection responses are provided on an as-needed basis, and the sharing of manpower and eqmpment ~s coordinated by the on-scene commander of the affected junsdmt~on Automatic md with any surrounding volunteer fire department would not achieve the same level of service as the rest of the City of Denton due to the nature ora volunteer fire department Volunteer fire departments are not sufficiently staffed and ready at a moment's notice as compared to a fully prod fire department as exists ~n the City of Denton Emergency Medical Services Emergency Medical Services will be provided ~mmedlately on the effective date of the annexation using ex~stmg Denton Fire Department personnel and equipment The annexation tracts currently do not have dedmated EMS ambulances or personnel that serve the ex~stmg population 20 C ROADS AND STREETS Maintenance of roads and streets ~n the area to be annexed will be made avmlable on the effective date of the annexation The C~ty shall prowde a level of servmes, infrastructure and infrastructure mmntenance that ~s comparable to the level of servmes, infrastructure and ~nfrastmcture maintenance avmlable in other parts of the city w~th topography, land use and population density similar to those reasonably contemplated or projected in the area Maintenance of Roads and Streets 1 An inventory of ex~stmg roads within ~n the subject area, including those subject to immediate and long-term maintenance, and future construction needs that will be the responsibility of the mty, is attached as Attachment "2" 2 The City of Denton currently maintmns 335 miles of road The subject area currently contmns 3 8 males of pubhc roads that are maintmned by the County These roadways would become the C~ty of Demon's responslbdlty lmmedmtely upon annexation No new equipment or famhtles would be reqmred to serve the area 3 Based on a projected bmld-out population of 14,000 residents, and 300,000 square feet of industrial development, and assuming there will be additional roads constructed as property develops, ~t is anticipated that additional personnel wall be required m order to mmntmn current levels of service at full development Additional equipment for the street crew would ~nclude a dump truck, backhoe and miscellaneous field supplies totaling $650,000 00 These resoumes would not be needed until the area becomes more fully developed D. STREET LIGHTING Street hghtmg w~ll be available on the effective date of the annexation The City shall prowde a level of services, infrastructure and infrastructure maintenance that ~s comparable to the level of services, infrastructure and infrastructure maintenance avmlable ~n other parts of the c~ty with topography, land use and population density s~m~lar to those reasonably contemplated or projected m the area E PARKS AND RECREATION SERVICES If any city park and recreation faclhtles are located w~th~n the annexed area, the maintenance wall begin on the effective date of the annexation The City shall prowde a level of services, ~nfrastmcmre and ~nfrastructure maintenance that ~s comparable to the level of servmes, ~nfrastmcture and infrastructure mmntenance avmlable ~n other parts of the city w~th topography, land use and population density s~nnlar to those reasonably contemplated or projected in the area No parks are currently located within the proposed annexation area The closest Denton neighborhood park properties are the undeveloped Cross Timbers Park and Bent Creek Park, which are adjacent to the annexation area Southlakes Park, located at Hobson at Santa Momca (approximately 1 2 males away) and Denla Park, located at 1001 Parvln (approximately 1 male away) are commumty parks located w~th~n reasonably close d~stance of the annexation tracts Current residents will be able to use existing C~ty of Denton parks, facdltms and programs 21. Parks and Recreation Facilities The current 2000 Parks and Recreation Master Plan indicates a need for a community park in this general area Population projections indicate a build-out population of 14,000 people living in 5,500 housing units Based on service standards set in the Park and Recreation Master Plan, an estimated 35 acres of new parkland will be needed for neighborhood parks Since the Parks and Recreation Master Plan indicates a need for a Community Park, a minimum of 30 acres will be necessary for such a facility, which would not be completed until near the time of area build-out Neighborhood parks are currently supported by the Park Dedication Ordinance, which requires development exactions for land and improvements Taxpayers share the costs of community parks on a eltywide basis, typically through capital improvements programming F LIBRARY SERVICES Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city The closest library faelhty to the annexation tracts is the South Branch Library, located on FM 2181, near thc intersection of FM 2181 and Wind River Drive G. BUILDING INSPECTIONS AND CONSUMER HEALTH SERVICES Bmldmg inspections and consumer health servmes will be made avadable on the effective date of the annexation on the same basis and at the same level as snnllar facilities are mmntamed throughout the city Both serwees are prowded on a "cost recovery" basis, and penmt fees are used to offset the costs of services delivered H. PLANNING AND DEVELOPMENT SERVICES Planning and Development Department services wall be provided will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city The Planning and Development Department currently provides servmes to the annexation tracts by way of administration of Chapter 34 of the Code of Ordinances, Subdivision and Land Development Regulations City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999 The Future Land Use Plan addresses land use in the city and 1ts ETJ, and the subject tracts contain potions of a Regional Mixed Use Center, Neighborhood Centers, Existing Neighborhoods / Infill Compatlblhty Areas, and 100 Year Floodplmn / Environmentally Sensitive Areas The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with avmlable mfi'astructure, and by preserving floodplmns as environmental and open space comdors The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed IV.UTILITY (RATEPAYER) SERVICES A SOLID WASTE SERVICES The Clty of Denton Solid Waste Department is the exclusive residential and commercial solid waste service provider m the City The Department is an entirely fee based operation and receives no resources fi'om taxes The current remdenttal sohd waste rate is $16 per month for twice per week 22 pick-up Commerclalmtesvarydependlnguponthescopeofservicepmvided Sohdwaste collection service will be provided to the property on the effective date of the annexation The City of Denton Solid Waste Department will honor existing contracts with private solid waste service providers for two years after the effective date ofth~s annexation in accordance with Texas Local Government Code, Sectmn 43 056(o) (Vernon Supp 2000) To receive sohd waste collecUon semce the customer must contact a City of Denton Customer Semce Office and subnut a request / applIdat~on for service Solid Waste Collection Existing development m the area can be adequately served wnh resources provided In the fiscal year 2001 budget w~th no appreciable ~mpact upon those resources Future ~mpact will be determined by the rate of growth For automated residential systems an additional res~dentml route ~s needed for every 800-1000 dwelhngs The c~ty proposes to serve th~s area w~th automated residential collection using roll-out carts when such a route ~s extended Into the annexation area B WATER AND WASTEWATER SERVICES Maintenance of existing City of Denton water and wastewater facilities m the area to be annexed that are not w~thm the service area of another water or wastewater utihty will be continued to be maintained xmmethately on the effective date of the annexation The majority of the area to be annexed ~s provided water by either a private water well or the Argyle Water Supply Corporation, and a private wastewatcr system The C~ty shall provide a level of services, infrastructure and infrastructure maintenance that xs comparable to the level of servmes, ~nfrastructure and ~nfrastmcture maintenance avmlable ~n other parts of the c~ty wtth topography, land use and population density s~milar to those reasonably contemplated or projected in the area Water and Wastewater Facilities The Water Master Plan includes the 20qnch water main along US Highway 377 The proposed annexation areas could be served by tapping ~nto the 20qnch water main This hne will be available for service by April 2001 However, this 20-inch hne by ~tself cannot provide servme capacity for the entire annexation area The Master Plan also includes a 16-inch water hne along Bonme Brae, a 12qnch hne through the Vintage Sub- division and a 20qnch line along 1-35W that will end at Crawford Road These hnes are not currently m the FY 2000-2004 Capnal Improvements Plan The proposed master plan water lanes ~n the annexation area are shown ~n Attachment "3" The C~ty of Denton will be the retail prowder of water unhty serwce for all future developments in the area since they will be annexed into the City limits and he within Denton's CCN for water utthty service The Wastewater Master Plan shows the Roark Branch Sewer Line that will tie into the existing Hickory Creek Interceptor (See Attachment "3') The only ex~stmg C~ty of Denton utthty line that lies within the proposed annexation area ~s the Hickory Creek Interceptor sewer hne The ~mpact of annexation and development of the subject tracts can be accommodated by the programmed Graveyard Branch Intemeptor that will be installed ~n the southern portmn of the annexation tract, and the Hickory Creek Interceptor The City of Denton will be the retail prowder of wastewater utility service for all future developments m the area since they will be annexed Into the City limits and lie within 23 Denton's CCN for wastewater utd~ty service No additional eqmpment wall be needed for wastewater to serve the annexatmn area C DRAINAGE SERVICES Drainage maintenance wall be provided on the effective date of the annexatmn The Ctty shall prowde a level of servmes, mfi'astmcture and ~nfrastmcture mmntenance that ~s comparable to the level of serwces, infrastructure and infrastructure maintenance avmlable ~n other parts of the mty w~th topography, land use and population densny sundar to those reasonably contemplated or projected in the area Drainal~e Services 1 Annexatmn of th~s area includes subd~ws~ons that may be poorly drained Some areas could be substandard and susceptible to flooding Major channel or storm dram systems may be reqmred Correct, on of these problems wall reqmre expenthturc of C~ty funds 2 Provision of dramage services ~s carrcntly funded by water and wastewatcr ratepayers As development occurs, and sewer or water servme ~s extended to these areas, fundmg will become available to prowde drainage mamtanance 3 Easements may be necessary to prowde adequate drmnage 4 Th~s area contains creeks that do not have a detmled flood study Thc Master Drmnage Plan Update wall ~nclude these properties, ~f annexed, as part of a detadcd flood study 5 Areas currently experiencing moderate to severe erosion may reqmrc eventual rcpmr 6 New subthwsmns would be subject to the C~ty's Drmnage Criteria, subd~wsmn regulatmns, and interim regulatmns Areas along H~ckory Creek Road, FM 1830, H~ghway 377, Country Club Road, and Brush Creek Road contain properties ~n the 100-year floodplain Apprommately 740 acres hc w~thm the 100-year floodplain In add~tlon, th~s area contains designated Enwronmentally Sans~t~ve Areas Thc majority of the floodplain has a contributing drmnage area of greater that one square male The proposed development code wall essentially prohibit any d~sturbance of the floodplmn and enwronmentally sensitive areas ~n these areas Structures, parking lots, fill, excavation, land dmturbance, fences, decks, pools, and other aboveground manmade structures wall be prohibited in the floodplmn D. ELECTRIC SERVICES Denton Mumc~pal Electric ~s certified by the state and ~s obhgated to prowde electric utd~ty servme to the entire annexation area should a request be made by a property owner Other electric servme providers are also certffied to prowde electric utd~ty service w~th~n the annexation tracts, and customers may elect to choose the electric company they prefer Electric utthty servme will be made avatlable on the effective date of the annexatmn on the same basis and at the same level as s~m~lar facilities are mmnta~ned throughout the city Electric servme to properties w~thm the annexation tracts wall be able to continue w~thout d~srupt~on for any customer currently rece~wng such service 24. Denton Municipal Electric has existing facilities in the Ryan / Country Club Annexation Area The 138 kV transmission line crosses the annexation area Distribution faclhtles are on US 377, Ryan Road, Country Club Road, and Hickory Creek Road Denton Mumclpal l~lectnc plans to build two substations one on US 377 and the other at Teasley Lane and Hickory Creek Road V. OTHER SERVICES Other services that may be provided by the city such as municipal and general admlmstratlon will be made available on the effective date of the annexation The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the c~ty w~th topography, land use and population density similar to those reasonably contemplated or projected m the area VI. CAPITAL IMPROVEMENTS PROGRAM (CIP) Construction of additional water, sewer, street and drainage faclhtleS will begin within two and a half (2 ½) years ,unless certain services can not be reasonably prowded within that period If certain services cannot be reasonably provided, the city will prowde those services within 4 and a half (4 ½) years after the effective date of the annexation Construction will be completed within four and one- half (4 ½) years after the effective date of the annexation unless the construction process is interrupted by circumstances beyond the control of the city Construction of other capital improvements shall be considered by the city ~n the future as the needs d~ctate on the same basis as such capital improvements are considered throughout the city VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the city to provide a uniform level of full municipal services to each area of the c~ty, including the annexed area, if d~fferent characteristics of topography, land use, and population density are considered a sufficient basis for providing d~fferent levels of service VIII. TERM Th~s service plan shall be vahd for a term often (10) years Renewal of the service plan shall be at the discretion of City Council IX. AMENDMENTS The service plan may be amended if the City Council determines at a public heanng that changed conditions or subsequent occurrences make this service plan unworkable or obsolete The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43 056 (Vernon Supp 2000) X. EXHIBITS Attachment 1 Annexation Tracts Location Map Attachment 2 Roadway Inventory Attachment 3 Water & Wastewater Faclht~as 25. Attachment 1 A-'102 US 377/I-35w Annexation LOCATION MAP Scale None 26. ATTACHMENT 2 US 377 / 1-35 W Annexation Area Affected Streets ~/Oty Ur~t~ ATTACHMENT 3 Legend Developments ~ Burch Tract ~ Ryan Tract ~ The Hills of Argyle ~ The Vintage ~ Weatherford Tract Annexation Areas B 377 & 35 ~ Ryan & 1830 ~ Priority ~ Proposed Llne o 05 1 WATER ANNEXATION AREAS - S' Legend ' Developments ~ Butch Tract ~ Ryan Tract ~ The Hills of Argyle ~ The Vintage ~ Weatherford Tract Annexation Areas ~ Ryan & 1830 ~ Prlorlty ~ Proposed Line N AREAS - SERVICE PLANI SEWER 30, Aoonda No AGENDA INFORMATION SHEET Agenda Itsm . AGENDA DATE: J~u~ 9, 2001 DEPARTMENT. Plying Dep~t CM/DC~ACM' Dave Hill, 349-8314 ~ SUBJECT - Z-00-021 (US 377/I-35~) Hold a pubhc hemng ~d consider ~ ordm~ce reg~d~ng ~e request to zone two ~acts contmmng approximately 534 acres of l~d proposed to be ~exed ~nto ~e C~ty L~m~ts (A-102 US 377/I-35W ~exat~on) to be A~cult~al (A) zomng ths~ct The ~ntent ~s to estabhsh a restnct~ve zomng ~s~ct on newly ~exed prope~y The Plying ~d Zomng Co~ss~on recommended approval (5-0) (Z-00-021, US 377/I35~ BACKGROUND The apphcatlon is in conjunction wtth an tnvoluntary annexation A-102 US 366/I-35W to rezone the proposed annexed property to Agricultural (A) The majority of the property is undeveloped, however, there are existing homes and businesses on some of the tracts } The subject property ~s located an the Extraterritorial Junsthct~on of the C~ty of Denton and ts unzoned at th~s time } Typically, the C~ty of Denton rezones property that is proposed to be annexed tnto the ctty hmits to Agricultural (A) The subject property ff annexed wall be rezoned again after the citywtde rezomng scheduled for March 6, 2001, because they were not residents of the C~ty of Denton ~n October 2000 when not~ees were mailed ~' The Future Zoning Map has Tract 2 drafted as Neighborhood Centers Residential -2 (NCR- 2) and Neighborhood Residential -2 (NR-2) tn the northern most area, which mcludes Tract 3 The area north of Corb~n Road close to 1-35W ts destgnated as Industrial Center Employment (IC-E) and Industrial Center General (IC-G) The area south of Corbln Road ~s designated as Neighbor Center Remdential -6 (NCR-6) and Neighborhood Residential 4 (NR-4) with Industrial Center General close to 1-35W, and further south of Roselawn other areas of Neighborhood Centers Residential -2 (NCR-2) and Netghborhood ResIdenttal -2 (NR-2) w~th large environmentally sensitive areas } One hundred twelve (112) property owners wtthin the annexation area, sixty (60) property owners w~thm 200' of the annexation area, and one hundred twenty five (125) courtesy notices to all addresses w~thin 500' of the annexatton area were notified of the zoning request Staffreceaved 33 negative responses to the rezomng and annexatton } City Council reduced the area proposed to be annexed on January 9, 2001 for an approximate total of 534 acres PRIOR ACTION/REVIEW The following is a chronology of Z-00-021, commonly known as US 377/I-35W Application Date - September 22, 2000 DRC Date(s) - September 7, 14, 21, 28 and October 6, 2000 P&Z Date - November 8, 2000 ESTIMATED PROJECT SCHEDULE The second reading of an ordinance annexing the property into the city limits is scheduled for February 20, 2001 FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district P&Z SUGGESTED RECOMMENDATION The Planning and Zomng Commission recommends approval (5-0) of this zoning request OPTIONS 1 Approve as submitted 2 Approve with eondltmns 3 Deny 4 Postpone consideration 5 Table item ATTACHMENTS 1 Location Map 2 Planning and Zoning Commission Report, November 8, 2000, Z-00-021 3 Planmng and Zoning Conummon minutes from November 8, 2000 4 Draft Or&nanee R~esp eet fully subml~ed Douglas ~ Powell, AICP Director of Planning and Development Pr~pju'ed by ~ Rat h?t r - /7 Development Revlew/i~lanager 2 Attachment NORTH A-102 US 377/I-35W Annexation LOCATION MAP Scale None 3 ATTACHMENT 2 §erK~ NO ,~end~ ~em Dam PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM TO. PLANNING AND ZONING COMMISSION FROM: MARCY RATCLIFF, DEVELOPMENT REVIEW MANAGER SUBJECT 12B CONSIDER AND TAKE ACTION REGARDING AN INVOLUNTARY ANNEXATION AND SERVICE PLAN FOIl. APPKOXIlvlATELY 1,711 ACRES OF LAND LOCATED IN THE sO--TERN SECTION OFTHE CiTY OF DENTON EXTRATERRITORIAl, JURISDICTION (ETJ), FOR. FOUR TRACTS (A-102 - US 377~- 35W ANNEXATION, MARCY RATCLIFF) 12C HOLD A PUBLIC H]:.ARING TO HEAR PUBLIC COMMENTS REGARDING TI-IE PROPOSED ANNEXATION AND PROPOSED ZONING TO THE AGRICULTURAL (A) ZONING DISTRICT REGARDING FOUR TRACTS (Z-00-021, US 377/1-35W ZON]ixlG, MARCY RATCLII:F), AND DATE.. NOVEMBER 8, 2000 Please £md attached a copy of the November 7, 2000 C~ty Councd Staff Report relauve to the mvohntar7 annexation and service plan for approxtmately 1,7! 1 acres of land m the extratemtonal lunschcnon m the general area between Interstate 35W and US 377 as shown on the location map Staff recommends the Planning and Zomng Comrrasston open the pubhc hearings for the annexauon and zoning at the same nme to receive comments and after closing both pubhc hearings make separate mouons on the annexation and then the zoning, Staff has recommended the proposed annexauon property be zoned A§nculmral (A) zomn§ &smct The A§ncultural zoning &strict ~s the most resmcuve chsmct and wtll serve to preserve the status quo unttl the c~ty rezomn§ tentatively scheduled m March 2001 The Agricultural &smct ~s typmally used for propertles bern§ annexed into the c~ty hnuts C.~ o[ D~on, pl~..,,.$ ~nd D~lopmeat ;3.1 N Elm, D~nton, T~s 76201 4. AGENDA INFORMATION SHEET AGENDA DATE: November 7, 2000 DEPARTMENT: Planmng Department CM/DCM/ACM: David Hill, 349-8314~,~'~,~ SUBJECT - (A-102) (US377/I-35Y/~4nnexatton) Consider and take action regarding an involuntary annexation and service plan for approximately 1,711 acres of land located in the southwestern section of the City of Denton extratemtonal jurisdiction (ETJ), for the following tracts Tract #1: approxtmately 504 acres of land located tn the southwestern side of the Ctty of Denton's extraterrttorial jurisdtctton west of US Htghway 377, south of Hllred along Johnson Lane Tract #2: approxtmately 1032 acres of land located tn the southwester stde of the Ctty of Denton's extraterrttortal jurtsdtctton east of Interstate Htghway 35 West and west of the Kansas Ct~ Southern Ratlway Company, extendtng south along Bonnte Brae to the west stde of US Highway 377 Tract #3: approxtmately 1 7 acres of land located northeast of the intersection of Corbtn and Bonnte Brae Tract g4: approxtmately 173 acres of land located east of U S Htghway 377 (Fort Worth Drive) and north of Brush Creek Road and west of Country Club a Hold the second of two reqmred public heanngs to hear public comments regarding the proposed annexation regarchng the above referenced tracts, and b Consider and take action on amendments to the boundaries of the proposed annexation by reducing ehmlnatmg certain properties currently included m the above referenced tracts from the annexation proceedings, and c. Consider and take action on amendments to the service plan for the proposed annexation regarding the above referenced tracts BACKGROUND An involuntary annexation proceeding is being considered by the City of Denton for approximately 1,711 acres of land located generally m the southwest section of the city, between US Highway 377 and Interstate Highway 35W Maps of the tracts being considered for annexation are provided ~n th Attachment #1 The first of two reqmred public heanngs was held dunng the October 24 Councd meeting Several residents and propm'ty owners affected by the proposed annexation spoke ~n opposition or submitted written protests, including a petition signed by more than 40 individuals In response to the comments received, Council instructed staff to schedule a neighborhood meeting The meeting was held on Monday, November 6th, at 6 30 PM, at the Argyle Elementary School, to answer questions and hst~n to comments Public hearings comments and questions received dunng the October 24th Council meeting are provided in Attachment #4 Responses to the questions are being prepared and will be provided to Council on November 7t~ In addition, a summary of the November 6t~ neighborhood meeting will be provided to Council on November 7th Written comments received since the October 24th public heanng are provided in Attachment #5 City Council will conduct the second of two required public heanngs on November ?th to hear public comments regarding the proposed annexation and service plan As indicated in Attachment #2, the first reading of the A-102 annexation ordinance Is scheduled for November 28, 2000, and the second reading is scheduled to occur on January 9, 2001 Both readings of the ordinance require super- majority adoption (either 7-0 or 6-1) by Council as per City Charter requirements In contrast to the first public heanng, the agenda for the second public heanng has been formatted to allow Council action Once the public heanng has been opened and closed, Council may elect to 1 Remove specific properties from the draft annexation ordinance considered on November 28th (f'~rst reading) No properties may be added by Council without reqmnng a nexv armexataon process, and 2 Amend the service plan as recommended by the Legal Department or in response to boundary changes that may have been made Staff has added several service plan details that were provided as supplemental information in the October 24th Council report As per state law, a service plan has been prepared and made available for pubhc inspection (Attachment #3) Because the tracts to be annexed are for the most part undeveloped, immediate demand for servmes is low. There are approximately ?0 smgle-famlly residences, ][ mobile home, and two non-residential uses developed in the area today, with an estimated population of 200 residents Tract #4 is a developed residential subdivision with an estimated population of 132 people Approximately 930 acres (62%) of the 1,711-acre annexation area is identified as land def'med as Environmentally Sensltave Areas (ESA's) The estimated residential development capacity of the area is 5,500 dwelling, units, with an ultimate population of 14,000 residents All properties wltinn the annexed tracts ~Vill be entitled to city police protection and code enforcement, fire protection and prevention, emergency medical service, sohd waste collection, maintenance of roads and streets, library services, bmldlng inspections and consumer health services, and planning and development services upon the effective date of the annexation OPTIONS The boundaries of the proposed annexation may be reduced, and the service plan may be amended without disruption to the annexation proceedings After Council decides if changes should be made, staff will prepar~ the draft annexation ordinance for consideration of adoption on first reading at the November 28th {2ouncil meeting RECOMMENDATION Staff recommends that the second public heanng for A-102 be held as scheduled Pending comments received, Council should first determine if any properties are to be withdrawn from the annexation 6 proceeding, accompanied by a determination of the public interest(s) served by such withdrawal Once the annexation boundaries have been confirmed, Council should then determine if service plan amendments are needed Staff recommends approval of the reformatted service plan, which has been rexnsed to add more specific information Staff continues to recommend annexation of the tracts identified in their entirety, an action that is consistent with the Denton Plan Specific reasons for this recommendation include a The annexation tracts are part of a larger area that is expenenmng intense development pressure Tho city's comprehensive plan clearly indicates that urbanizing areas of Denton's ETJ should be annexed to protect both existing and new residents and property owners b The southern border of Denton has been fixed through mterlocal agreements, and the annexation of Country Lakes and Robson Ranch Services have been programmed at significant cost to the city, and will be extended even further south than the proposed annexation tracts Improvements such as the US 377 water line, Graveyard Branch wastewater line, Hickory Creek Road expansion, and the US 377 / 1-35W connector through the Vintage Planned Development will enhance property values in the proposed annexation areas, and will make these tracts more attractive to developers c The annexation will allow the City of Denton to provide municipal services to the subject tracts that are already in the process of being extended as far south as Country Lakes and Robson Ranch Utlhtles extensions have been budgeted and are being Implemented Phased extensions of police, fire, and emergency medical services to the southern extreme of the city are being planned and programmed, and will occur in proportion to population growth Programmed and funded capital Improvements include 1 US 377 Water L~ne Extension $2 2 million 2 Graveyard Branch Wastewater hne Extension $2 3 million 3 Fire Station #7 $3 3 million 4 US 377 / 1-35W Road Connector $1 9 mllhon 5 Hickory Creek Road Expansion (2 to 4 lanes) $2 2 mfihon (with County) TOTAL $11.9 MILLION Consolidation of the city's southwest service area dunng its rural-to-urban transition will enable tho programrmng of capital improvements gradually with lower risk of budgetary stress. The City of Denton should act responsibly in protecting public health and safety by annexing growing ETJ areas before urbamzatlon occurs d The need to manage and coordinate development In an orderly manner is a stgnffieant city objective that the City of Denton will pursue Without zomng and other land use regulations, subdivision plats can be filed and approved with no assurance of quality or adequate services While tlus may seem to affect only those m the new developments, all property owners m the wcmlty suffer when road capacities become overwhelmed or other services become stressed e The annexation tracts also contmn stgmficant acreage designated as Environmentally Sensitive Areas, which have important water quality and flood control implications The 7 City of Denton intends to preserve these areas to act as natural flood channels, rather than allowing filling of floodplams and paying for expensive concrete-hned channels at a later date f The annexations are not financially motivated Annexation of primarily undeveloped land y~elds httle m the way of revenue when compared to the expansion of the area for which the city must prowde services Residential properhes typically do not cover the full cost of services without support from the c~ty's nonresidential tax base ESTIMATED SCHEDULE OF PROJECT Council ~s scheduled to consider adoption of the annexation ordinance on second reading on January 9, 2000 Due to recent amendments to state annexation law, the effective date of the annexation may be set m late January or early February 2001, to allow the U S Department of Justice (DOJ) a 90-day revlew period to assess comphance w~th the Voting Raghts Act Submittal of proper documentatxon to the DOS will not occur until Council dec~des if boundary changes should be made pRIOR ACTION / REVIEW The issue of annexahon in the US 377 / 1-35W area was first rinsed m spnng 1999 Several parcels currently being considered for annexation failed to be annexed, although Robson Ranch and Willow Lakes were annexed during May / June 1999 City staff asked Council to reevaluate potential annexation of tbas area, and dunng the August 22, 2000 work session, staffwas instructed to institute involuntary annexation proceedmgs because of infrastructure avaflabflxty and ~mpend~ng development pressure Spnng 1999 Council dechnes to annex US 377 / 1-35W parcels August 22, 2000 Council instructions to staff to lmtiate annexation proceedings Pet~tmn Filed September 22, 2000 DRC Rewew August 24, 2000, September 7, 14, 21, 28, 2000 and October 6, 2000 Pubhe Heanng #1 October 24, 2000 ATTACHMENTS 1 Location Map (page 5) 2 Annexation Schedule (page 6) 3 Semce Plan (pages 7-24) 4 October 24, 2000 Pubhc Heanng - Comments & Questions (pages 25-30) 5 Wntten comments received since October 24, 2000 (pages 31-42) lly~b, mltted Powell Director of Planmng and Development Prepared by __ . /1 M~cy~atchffl ' [ -- ~ ] Development ~oview M~g~ 8 Attachment 1 ~ NORTH A-102 U.S. 377/1-35W Location Map Scale None Attachment 2 ANNEXATION SCHEDULE FOR US 377fl-35W Annexation Area Fnday, September 22 Involuntary Annexation Petition filed, Annexation Study & Service Plans Drafted 30 day notice of mtent to annex to each property owner, each public entity or privet entity that pmwdes services m the area and each rmkoad company Fnday, October 6 Annexation Service Plans Completed Thursday, Octobor 5 Notice sent to be published on Monday, October 9 on City WebsIte and In Denton Record-Chronicle for CC's first public heanng (Noon) Friday, October 13 500' Courtesy Notice and Posting of signs Thursday, October 19 Deadline for receipt of petitions for opposition (10 days after notice) Tuesday, October 24 City Council Conducts first pubhc heanng Wednesday, October 25 Notice sent to be published on Saturday, October 28 on City Webslte and m Denton Record-Chronicle for PZ's pubhe heanng on annexation and zoning and CC's second public heanng on annexation and zomng (Noon) Tuesday, November 7 City Council Conducts second public hearing Wednesday, November8 Planning and Zoning Commission public hearing - make a recommendataon to City Council regarding the proposed annexation and the proposed zomng Tuesday, November 28 First reading of annexation ordinance - City Council by a 4/5's vote institutes annexation proceedings Wednesday, November 29 Annexation ordinance to be published on Saturday, December 2 on City Webslto and m Denton Recurd-Chromcle Tuesday, January 9, 2001 Second reading and adoption of annexation ordinance and zoning ordinance - City Council by a 4/5's vote takes final action l0 Attachment :3 City of Denton Annexation Service Plan for A-102 (US 377/I 35 W) I. AREA ANNEXED The annexation area is located in the southwastem port~on of the extra-temtonal jurisdiction of the City of Denton. and contains approxnnately 1,710 acres The annexation area is located east of Interstate 35 West, south along Bonme Brae to U S Highway 377 south and to the north of Brush Creek Road A location map Is provided as Exhibit "A" II. INTRODUCTION Tbas serwce plan has been prepared in accordance w~th the Texas Local Government Code, Section 43 021, 43 065 and 43 065O0)-(o)(Vemon Supp 2000) Mumelpal facilities and services to the annexed area dascnbed above will be provided or made available on behalf of the city m~accordanoe w~th the following plan The City shall prowde the annexed tracts the levels of service, lnfi'astructure and infrastructure maintenance that are comparable to the levels of service, infi'astruoture and infrastructure maintenance available m other parts of the city w~th similar topography, land use and population density III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A POLICE. CODE ENFORCEMENT AND ANIMAL CONTROL SERVICE.q The entire complement of Pohce, Code Enforcement and Animal Control services will be provided on the eff~tive date of the annexation The City shall prowde a level of services, infrastructure and ~nfrastructure maintenance that is comparable to the level of serwces, infrastructure and infrastructure mmntenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected m the area The Police Department will be able to provide appropriate serwce to this area ~mmedmtely upon annexation The immediate ~mpact of the annexation wll be addressed by the police department w~thout additional resources, due to the primarily undeveloped condition of the area The Police Department already provides service to neighborhoods that directly surround the proposed annexation area As the population grows and more land is developed, additional staffing will be deployed to mamtmn a consistent level of service The Denton Police Department employs a pohclng philosophy known as Community Oriented Pohcmg Services (C O P S ), wherein, the mission is to pos~tively ~mpact the quality of life throughout the commumty To achieve these ends, the department ~s committed to forming practical partnerships w~th the citizenry, which includes a mutual goal setting process aimed at resolving problems, reducing fear, preserving the peace and enforcing the law, thereby, 11 providing for a safe environment for all citizens The primary goal is to provide a system of dehvermg police services to neighborhoods based on three basle elements ~ Consultation ~ Adaptation ~ Mobilization Implementation of these three elements provides for struetunng service delivery in a way that reinforces the strengths of neighborhoods, whereby it involves the community in all policing activities that directly impact the quality of commumty llfe Neighborhood officers are the link between citizens and the management of the organization and take the initiative to seek and collect reformation/ideas from average law abiding citizens Through these aeuvitles, the officers are better informed about what the citizens want in the way of pohee service in their respective neighborhood and plans are adopted to implement those services Tbas system of service delivery has been nationally recognized via two National League of Cities awards for "Innovative Pohee Services Programming" Those awards were received in 1994 and 1997 The Police Department offers a Citizens Pohee Academy that was launched in the fall of 1992 It is specifically intended to involve residents in policing through a curriculum designed to acqumnt participants with the entire pohee operation, thus providing a clearer understanding of what the police and other associated services in their eommumty can do for them Additionally, the department offers a Citizen Youth Academy with much the same focus, except ~t is directed toward youth ages 15 to 18 Many other programs are offered, such as, the H E A T (Help End Auto Theft) program, S CAM S (Senior Citizens Against Money Seams) presentations and various Crime Prevention surveys, just to name a few B. ~IRE AND EMERGENCY MEDICAL SERVICES Fire protection and emergency medical services will be prowded on the effective date of the annexation using existmg Denton Fire Department personnel and equipment Also, a mutual aid agreement with the Argyle Volunteer Fire Department currently exists The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area Denton Fire Department services immediately available include · Fire suppression/rescue response --- minimum staffing level of 33 firefighters 365 days a year/24 hours per day operating from 6 fire stations = 4 engine companies, 2 quint engine companies, 1 truck company, 4 medic ambulances and 1 Battalion Chief · Emergency medical services at Advance Life Support (ALS) level = all fire engines have a paramedic and paramedic equipment - The C~ty has 4 fully staffed paramedic ambulances with 2 reserve ambulances that can be staffed by an engine company · Voluntary home fire prevention inspections * Sw~fl water rescue team and equipment · Urban search and rescue team and equipment · Heavy rescue team and equipment 12 · Hazardous matenal response · Fire prevention and education program = clown program and fire safety trailer · Victim support program · CPR/Flrst aid training for citizens · Emergency management program for disaster preparedness Fire Protection and Prevention 1 Initially, tire protection will be provided by Station #3 at 1204 McCormick and Station #6 at 3232 Teasley Lane Depending on the type of emergency, additional equipment will be required For example, a structural fire requires 3 engine companies, 1 m.~ck company, a Battalion Chief, an ambulance, and a Fire Marshal for an initial response 2 The Fire Department's emergency response time to th~s annexation will exceed the Fire Del~artment's five-year Strategic Plan's goal of a 4-minute response time to City residents 80% of the time However, the Denton F~re Department's response to this annexation area will still substantially improve the current level of fire protection and emergency medical care 3 The Fire Department Strategic Plan recommends two new fire stations in this area m order to maintain the same level of service provided to other areas of the City of Denton The Fire Department Strategic Plan calls for new fire stations located in the vlcimty of Brush Creek Road and US 377, and in the FM 2449 / 1-35 W area These new fire stations will allow for an acceptable 4-minute response time in 80% of the emergencies The PM 2449 / 1-35W station (#8) is being actively pursued at the present time, and will be built by the year 2002 Station #9 will be programmed as conditions warrant, depending on new development and population growth 4 Other areas within existing city boundaries do not meet the 4-minute response tn-ne goal and are snmlar in duration to the expected response times to this annexation Improving future response times to these areas are also addressed by the Fire Department's Strategic Plan 5 The City of Denton is close to signing an automatic aid agreement with the City of Fort Worth F~xe Department for brush fire response into ttus area along with sm~¢ture firefightmg 6 No~ automatic aid agreements with Argyle Volunteer Fire Department currently exist with the City of Denton Through a mutual aid agreement, fire protection responses are provided on an as-needed basis, and the shanng of manpower and eqmpm~nt is coordinated hy the on-scene commander of the affected jurisdiction Automatic aid with any surrounding volunteer fire dspartment would not achieve the same level of serwee as the rest of the City of Denton due to the nature cfa volunteer fire department Volunteer fire departments are not sufficiently staffed and ready at a moment's notice as ¢omparexl to a fully paid fire department as exists in the City of Denton 13. Emergency Medical Services Emergency Medmal Services will be provided immediately on the effective date of the annexation using existing Denton Fire Department personnel and equipment The annexation tracts currently do not have dedicated EMS ambulances or personnel that serve the existing population C. ROADS AND STREETS Maintenance of roads and streets in the area to be annexed will be made available on the effective date of the annexation The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available tn other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area Maintenance of Roads and Streets 1 An inventory of existing roads within in the subject area, including those subject to ~mmedlate and long-term maintenance, and future construction needs that will be the responstblhty of the city, is attached as Exhtblt "B" 2 The City of Denton currently mamtams 335 miles of road The subject area currently contains 5 3 miles ofpubhc roads that are mamttuned by the County These roadways would become the C~ty of Dcnton's responsibility immediately upon annexation No new equipment or fatalities would be required to serve the area 3 Based on a projected bmld-out population of 14,000 residents, and 300,000 square feet of industrial development, and assuming there will be additional roads constructed as property develops, it is anticipated that at least two additional street crews and two office personnel will be required ~n order to maintain current levels of service at full development Adchtional equipment for the street crew would include a dump truck, backhoe and miscellaneous field supplies totaling $650,000 00 These resources would not be needed until the area becomes more fully developed D STREET LIGHTING Street lighting will be available on the effective date of the annexation The City shall provide a level of services, Infrastructure and infrastructure mmntenance that is comparable to the level of services, mfrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected tn the area E. PARKS AND RECREATION SERVICES If any city park and recreation facllihes are located within the annexed area, the mmntenance will begin on the effective date of the annexation The City shall provide a level of services, infrastructure and infrastructure maintenance that ~s comparable to the level of services, infrastructure and infrastructure mmntenance available tn other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected an the area No parks are currently located within the proposed annexation area The closest Denton neighborhood park properties are the undeveloped Cross Timbers Park and Bent Creek Park, wbaeh are adjacent to the annexation area Southlakes Park, located at Hobson at Santa Momea (approximately 1 2 males away) and Denia Park, located at 1001 Parvin (approximately 1 mile away) are community parks located w~thm reasonably close d~stanee of the annexation tracts Current residents will be able to use ex~stmg City of Denton parks, faclht~es and programs Parks and Recreation Facilities The current 2000 Parks and Reereatmn Master Plan ~ndleates a need for a eommumty park in flus general area Population pro. leet~ons red,cate a bmld-out population of 14,000 people hying ~n 5,500 housing umts Based on service standards set m the Park and Reereatlnn Master Plan, an ast~mated 35 acres of new parkland will be needed for neighborhood parks Since the Parks and Recreation Master Plan md~cates a need for a Commumty Park, a nnmmum of 30 acres will be necessary for such a faefllty Neighborhood parks are currently supported by the Park Dedication Ordinance, which requires development exactions for land and improvements Taxpayers share the costs of commumty parks on a eltyw~de basis, typically through capital improvements programming F. LIBRARY SERVICES Library services will be made avmlable on the effectwe date of the annexation on the same basis and at the same level as s~nnlar facilities are maintained throughout the city The closest hbrary facility to the annexatxon tracts is the South Branch Library, located on FM 2181, near the lntersectxon of FM 2181 and Wind River Drive G. BUILDING INSPECTIONS AND CONSUMER HEALTH SERVICES Building inspections and consumer health services will be made available on the effective date of the annexation on the same bas~s and at the same level as smaflar faeiht~es are maintained throughout.the city. Both services are provided on a "cost recovery" basis, and permit fees are used to offset the costs of services delivered H. PLANNING AND DEVELOPMENT SERVICES Planmng and Development Department services will be provided will be made avalable on the effective date of the annexation on the same basis and at the same level as s~nnlar faellmes are maintained throughout the city The Planning and Development Department currently prowdes services to the annexation tracts by way of adm~mstratlon of Chapter 34 of the Code of Ordinances, Subdivision and Land Development Regulations City Council adopted The Denton Plan, the c~ty's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999 The Future Land Use Plan addresses land use in the city and its ETS, and the subject tracts contain potions of a Regtonal M~xed Use Center, Neighborhood Centers, Existing Neighborhoods / Infill Compat~blhty Areas, and 100 Year Floodplain / Enwronmentally Sens~tive Areas The Denton Plan designates future land uses to 15 manage the quality and quantity of growth by orgamz~ng the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplains as environmental and open space comdors The Denton Plan will be used as a basxs for final zoning classifications after the properties are annexed IV. UTILITy (RATEPAYER) SERVICES A. SOLID, WASTE SERVICES The City of Denton Solid Waste Department is the exclusive residential and commcrcml sohd waste service provider in the City The Department is an entirely fee based operatmn and receives no resources from taxes The current resxdential sohd waste rate ~s $16 per month for twice per week pink-up Commerclalrates vary depending upon the scope of servme provided Sohd waste collection service will be provided to the property on the effective date of the annexation Tho City of Denton Solid Waste Department will honor exmting contracts with private sohd waste service providers for two years after the effective date of this annexation In accordance with Texas Local Government Code, Section 43 056(o) (Vernon Supp 2000) To receive solid waste collection service the customer must contact a City of Denton Customer Service Office and submit a request / apphcat~on for servme Solid Waste Collection Existing development m the area can be adequately served w~th resources provided in the fiscal year 2001 budget with no apprecmbl¢ impact upon those resources Future nnpact will bo determined by tho rate of growth For automated residential systems an additional residential route is needed for every 800-1000 dwellings The city proposes to serve this area with automated residential collectmn using roll-out carts when such a route is extended into the annexation area B. WATER AND WASTEWATER SERVICES Maintenance of existing C~ty of Denton water and wastewater facilities ~n the area to be annexed that are not within the service area of another water or wastewater utility will be continued to be maintained immediately on the effective date of the annexatton The majority of the area to be annexed is provided water by either a private water well or the Argyle Water Supply Corporation, and a pnvate wastewater system The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available m other parts of the city w~th topography, land use and population density similar to those reasonably contemplated or projected m the area Water and Wastewater Facilities The Water Master Plan includes the 20-tach water main along US Highway 377 The proposed annexation areas could be served by tapping ~nto the 20qnch water main This line will be available for service by April 2001 However, flus 20-tach line by itself cannot provide service capacity for the entire annexation area The Master Plan also includes a 16-tach water line along Bonnie Brae, a 12-tach line through the Vintage Sub-dlvisxon and a 20qnch line along 1-35W that will end at Crawford Road 16 These hnes am not currently in the FY 2000~2004 Capital Improvements Plan The proposed master plan water lmas m the annexation area are shown in Exhibit "C' The City of Denton will be the retail provider of water utthty service for all future developments in the area since they will be annexed into the City limits and lie within Denton's CCN for water utility service The Wastewater Master Plan shows the Roark Branch Sewer Line that will tie into the existing Hickory Creek Interceptor (See Exhblt "C") The only existing City of Denton utfllty line that lies w~tlun the proposed annexation area is the I-hekory Creek Interceptor sewer lme The nnpact of annexation and development of the subject tracts can be accommodated by the programmed Graveyard Branch Interceptor that will be installed m the southern portion of the annexation tract, and the Hickory Creek Interceptor The City of Denton will be the reteal provider ofwastewater utility service for all future developments m the area since they will be annexed into the City hnnts and lie w~thm Denton's CCN for wa~tewater utility semee No additional equipment will be needed for wastewater to serve the annexation area C. DRAINAGE SERVICES Drainage maintenance will be provided on the effective date of the annexation The City shall provide a level of services, infrastructure and infrastructure mamtenance that Is comparable to the level of services, infrastructure and infrastructure moantenanee available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area Drainage Services 1 Annexation of this area includes subdivisions that may be poorly drained Some areas could be substandard and susceptible to flooding Major channel or storm drain systems may be reqmred Correction of these problems will require expenditure of City funds In addition, easements may not exist to perform maintenance of exlstang channels or storm drains 2 Provision of drainage services is currently funded by water and wastewater ratepayers As development occurs, and sewer or water service is extended to these areas, funding will become available to provide drainage maintenance 3 Easements may not ex~st to perform maintenance of channels or storm drains m existing developments, and will have to be secured before the city will consider prowdmg services m these areas 4 This area contains creeks that do not have a detailed flood study The Master Droanage Plan Update will include these properties, if annexed, as part of a detaded flood study $ Areas currently experiencing moderate to severe erosion may require eventual repair 6 New subdivisions would be sub. leer to the City's Drainage Criteria, subdivision regulations, and interim regulations Areas along Hickory Creek Road, FM 1830, 17 Highway 377, Country Club Road, and Brush Creek Road contain properties m the 100-year floodplain Approximately 740 acres lie within the 100-year floodplain In addlt~on, flus area contains designated Environmentally Sensitive Areas The majority of the floodplain has a contributing drainage area of greater that one square mile The proposed development code will essentially prohibit any disturbance of the floodplain and environmentally sensitive areas in these areas Structures, parking lots, fill, excavation, land disturbance, fences, decks, pools, and other aboveground manmade structures will be prohibited m the floodplain D. ELECTRIC SERVICES Denton Municipal Electric is certified by the state and is obligated to provide electric utility service to the entire annexation area should a request be made by a property owner Other electric service proxaders are also cemfied to provide electric uhhty service within the annexation tracts, and customers may elect to choose the electric company they prefer Electric utility service will be made available on the effective date of the annexation on tho same basis and at the same level as similar facilities are maintained throughout the city Electric service to properties within the annexation tracts will be able to continue without disruption for any customer currently recemng such service Denton Mummpal Electnc has existing famht~os in the Ryan / Country Club Annexation Area The 138 kV transmxsmon llne crosses the annexation area Dlstnbuhon famht~es are on US 377, Ryan Road, Country Club Road, and Hickory Creek Road Denton Mumclpal Electric plans to build two substahons one on US 377 and the other at Teasley Lane and Hickory Creek Road V. OTHERISERVICES Other services that may be provided by the city such as animal control, municipal and general admmlstrutmn will be made available on the effective date of the annexation The City shall provide a level of services, mfrastructure and infrastructure maintenance that is comparable to the level of services, anfrastructure and infrastructure mmntenance available ~n other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected m the area VI. CAPITAL IMPROVEMENTS PROGRAM (CIP) Construction of addrtmnal water, sewer, street and drainage facilities will begin within two and a half (2 ½) years unless certmn services can not be reasonably provided within that period If certain sermces cannot bo reasonably provided, tho city will provide those services within 4 and a half (4 ½) years after the effective date of the annexation Construction will be completed wltban four and one- half (4 ½) years after the effective date of the annexation unless the construction process is interrupted by c~reumstance$ beyond the control of the city Constructmn of other capital improvements shall be considered by thb city ~n the future as the needs dictate on the same basis as such caprtal improvements are considered throughout the city 18 VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in tlus plan shall require the city to prowde a uniform level of full municipal services to each area of the city, including the annexed area, if chfferent characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service VIII. TERM Th~s service plan shall be valid for a term often (10) years Renewal of the service plan shall be at the discretion of City Council IX. AMENDMENTS The service plan may be amended if the City Council determines at a public heanng that changed conditions or subsequent occurrences make this service plan unworkable or obsolete The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43 056 (Vernon Supp 2000) X. EXHIBITS Extnbit A Annexation Tracts Location Map Exhibit B Roadway Inventory Exhibit C Water & Wastewater Faoihties 19 EXHIBIT A ,,,. ,, ,,,:: ?~.,,, LOCATION MAP ,;,- "~.' ': ;;' US 377 Area Tract 1 N 1000 0 1000 2000 Feet 9/21/00 20 ,',, ~, ,~ ,, ,, LOCATION MAP ' ' ', ~,.' " US 377 Area Tract 3 / " LOCATION MAP N' .-'. ,' , , , ',,?,: .~//~ US 377 Area Tract 4 ...... /// " "\\ //~ x ~ , .~. o ""~" ~//~~~, , . _.' ,,, '.., , ~~',C.~ .2-%-'~'_~Z% ~,. '.,, , ,,. %%,. /// ~- b____ ,'-- ' /...~ ' -- · //: , 23 EXHIBIT B US 377 / 1-35 W Annexation Area Affec[ed Str~_,ts I ! I ! ! ! ~V' Planned Ccllec~crs ~%~/~ty Um~s 24 Happy Acres Area Annexation Affec[ed Str,~,ts ALLREC BRUSH CREEK / \/Ranned Thoroughfares ~/%./Planned Collectors 2'V O~ Limits -I~la Ar~exatle~ Ama ! ................. i NotTo Scale 25 EXHIBIT C Legend /elopments Bumh Tract Ryan Tract The Hills of Argyle The Vintage Weatherford Tract lexatlon Areas 377 & 35 Ryan & 1830 Pnonty =,=,= Proposed Line 05 1 ~,REAS - SERVICE PLANISEWER 27 Legend Developments ~ Burch Tract ~ Ryan Tract I The Hills of Argyle ~ The Vintage ~ Weathert'ord Tract Annexation Areas ~ 377 & 35 ~ Ryan & 1830 [---] Pnority ~ Proposed L~ne 0 05 1 I ,Miles WATER ANNEXATION AREAS - SER 28 Attachment 4 COMMENTS AND QUESTIONS From the OCTOBER 24, 2000 A-101 & A-102 PUBLIC ItEARING [Note Ct~y Planmng staffhas prepared the followtng comments and questtons ustng meeting notes and videotape revtew If the comments, questtons, or speakers' names have been represented Incorrectly, or tf omtsstons have occurred, we apologtze and ask that we be tnformed of the overstght so that correcttons can be made J COMMENTS OUESTIONS FROM A-101. RYAN / COUNTRY CLUB AREA 1 Are the assessed amounts the market value or the assessed value9 Shown on page 39 2 In the recent past, Robson and Huffines agreements were made to pay for overs~z~ng of the US 377 hne extensron, and was a caprtal project funded through the Utility Depmhnent as part ora negotmted settlement What other projects are expected to take place ~n the next 5 years rn whrch there rs overstrung money for the extensmns? 3 D~stnbut~on hnes should come off the major transm~ssmn hnes, and the c~ty should pay for the overslzmg 4 For ESA's, what are the restnctmns and who has oversight respons,bflrt~es~ W~thm the ETJ, Dlwsmn 1, does development have to meet mmrmum requirements of FEMA, such as stay out of floodway, or fill 1 foot above flood levels? 5 A Sanders Road neighborhood written protest was submrtted rn oppos~tron to the annexatron 6 Services typically expected w~th annexation include water, sewer, and garbage servrce Currently, most resrdents in the area have water and great septic systems, they do not want to pay taxes for no addxttonal services 7 Mr Burch has a lot of property in tho flood plato, very httle m the way of services provrded, and it's not worth the city's effort to tax the property He ~s still actively farming the property The city has refused to extend water to hfs property 8 Mr Tommy Calvert, 5299 Settlers Creek Road, owns 140 acres that have been used by 4 generatmns for agriculture production A portmn ~s rn the flood plain that rs undevelopable, and is only good for farming 9 Wrth the depressed agricultural prices today ~t rs imposstble to pay the county taxes If annexed ~nto the cdy rt would be near lmpossxble to pay for city and county taxes by way of crops, hay or hvestock 29. 10 Developments on the north (Thistle Hill) and east (Ryan Ranch) have created problems of flooding, trash, development workers trespassing on private property, and the city not being able to keep up with the development 11 The environmental impact of the development has created standing water on some properties, and erosion control is not working on bridges and roadways Trees are being removed from property being developed, which will tmpaet the environment and the watershed 12 City taxes will create a burden on some families because they are on a fixed income Crops raised are used to feed the livestock The annexation will force them to sell the property mstead of passing it on to heirs The city should encourage annexations to occur voluntarily rather than involuntarily 13 Dot Thompson, 175 Ryan Road, was concerned with traffic in the Ryan Road area The city needs to take care of the traffic that is already m the city llnnts Is City Council was aware of traffic problems at Country Club Road and US 377? A tax bill is all the property owners will receive No existing water or sewer service lines are located along Ryan Road The annexatton will amount to discrimination if you are not treating the property owners m the annexation area like other residents of Denton What you are offenng the citizens of the area? The city is prejudiced because it wants to annex the property without providing any services The city is not offenng her anything she does not already have What is the city offenng In exchange for taxes? 14 What is the time element for providing services? What is meant by difficulties m providing services? The Mayor elaborated on what city taxes pay for Water and sewer service are not provided by taxes 15 Is there a mechamsm for paying taxes later? 16 Fred Smith, owner of the Denton Roundup Club on Ryan Road, indicated that taxes would take money away from the kids 17 David Wltherspoon, 410 Hamilton Road, said that annexation wllljust raise the taxes with no services Ryan Road is dangerous because of the hills The city needs to fix its own streets before taking on any other streets COMMENTS ! QUESTIONS FROM A-102, US 377 / 1-35W AREA 1 If the City Council accepts the protest petitions, what does it mean? Staff mdmated that the potitlon was accepted to hear citizen input The pehtlon as submitted was not legally sufficient to require a public heanng in the annexed area as per state law 2 Legal Staff recommended changes to the service plan Recommended revisions included, "Renewal of the service plan shall be at the discretion of City Council If the City Council determmes tho service plan needs to be amended, it may be changed through the public heanng process Iflt is deterrmned at a pubhc heanng that conditions have changed or subsequent occurs make the service plan unworkable or obsolete to may amend the sennee plan to conform to the changed conditions" 30 3 Counml asked ~f ~t was appropriate at the current time to amend the servme plan9 The servme plan was amended as per Legal Department recommendatmon, approved, 7-0 4 City Attorney Herb Prouty noted that the amendments to the servme plan could not be made, because there was not proper notfficat~on The vote taken was considered meffectxve Staff was dxrected to place proper language on the November 7th agenda to allow the amendments 5 Staff thought that the protesters wanted the merits of the pet~tmns to commumcate thexr desire not to be annexed They d~d not seem to be strongly ~nterested xn the location of the next pubhc heanng 6 Staffmdtcated that the separation of the annexatxon areas was due to d~ffenng growth pressures A-101 growth pressure ~s from Teasley Road and Ryan Elementary School The A- 102 area growth pressure stems from the major roadway connector from 1-35W to US 377, new water and sewer hne extensxons, and the potentml for plat subnnttal for resxdent~al development Staff md~cated that property owners are weighing thexr options g~ven the availability of sermces and are also aware of vested rights ~ssues 7 When xs the US 377 / 1-35W roadway connector planned? There xs currently $1 9 nulhon ~n the current CIP Staffrephed that xt was understood that ~s Mr Jowell ~s negotmtmg with the Burch Family to buy property to complete the connection 8 Ph~ll~p Henderson, at Bonme Brae and H~ckory Creek, asked several questmns Counml asked h~m to gxve his phone number to staffso they could contact h~m to answer lus questions He had questxons about the effect zoning will have on ex~stxng sales of sand and gravel, and the potenttal for future oil and gas exploration and wells 9 The status of the closing of Bonme Brae was questtoned 10 Are uses estabhshed prior to annexatton grandfathered? 11 What does the new code provide for off and gas wells? 12 Becky Koonce, 4365 Bop_me Brae, ~s served by water, and has a septic system The county does not mamtmn Bormre Brae very well, and the small section mmntamed by the c~ty has not been maintained all year long She sees no benefits from the annexation Are fire hydrants ~nstalled? 13 Mary McWhorter sa~d that tho residents of Happy Acres are 100% against the armexatxon I s the cxty going to request some kind of agreement w~th the Argyle F~re Department? They are voting members of the Argyle Water Supply Corporation Is the Denton Country Club m the mty hmlts? How much of the property m Happy Acres ~s undeveloped? Wall the Argyle F~re Department still sermce the area? Will the addresses change? 14 V~cky Watson, 2452 Hamilton Road, asked what are the CIP projects related w~th this annexatxon? Will the hnes be extended to them? Is involuntary annexatxon the only optton? Explain the differences between voluntary and involuntary annexatxon Is there a remedy for Happy Acres area? Will Bonme Brae be closed? Will Bonnie Brae be repaved* When will 31 US 377 be w~dened? Laberty Christian School did not get the proper zomng and the traffic and access were not taken mae account when at was developed Council explained the mmumstances of the project, aneludmg the opening of the school w~thout the city's knowledge 15 BFI sohd waste collection is provided to current residents How as this affected? Staff andmated that private servme may continue for 2 years Denton Municipal Sohd Waste wall then prowde servmes Such sarvmes may be provided sooner ifdesared by the property owner 16 David Saxe, 8023 South Bonnie Brae, was present last year at the city-initiated armexatlon Tract 1 as purely agricultural The Caty will provade a tax bill with no services The fire protection proposed to be provided will be anadequate, because of the d~stance Bonme Brae will be closed He spoke about the major connector between 1-35W and US 377 - if it were to cross the railroad tracks, two other crossings would be required to close Which crossings are proposed to be closed9 He suggested that voluntary annexation be the way to go 17 Patncm Brown, 4300 Johnson Lane, felt that closing Bonme Brae, a major north-south thoroughfare, should not occur She felt that she should not have to be back before Caty Council again w~tlun one year after talking about the aunexatlon so recently 18 Betty Farmer, 9475 Hilltop Road, mdmated that traffic on US 377 as bad Access to Denton as through US 377 and Teasley Wademng will not be effective due to new subdimsmns construction MaJority of the area as an the flood plain, why as the caty consadenng mmexatlon when there as such a large area of flooding? Council members responded that the e~ty as anterested in watershed management, storm dratnage, and water quahty for protectaon of the entire mty, and that development as creating the environmental problems 19 Lonny McGee, 1200 Brush Creek Road, asked if there are there other areas proposed for annexation thas year, and inquired ffthe maximum annexataon area allowed in one year would be exceeded She also felt that Denton cannot provade satisfactory pohee and fire service Privileges they have now laclude open fires, discharge of firearms, fireworks, and they can build any kind of building wathout any permats or inspections that cause delays and dasruptmns How much money as the city getting out of this annexation* He wanted acknowledgement of receipt when he sends e-rural to City Council He felt that road improvements for curb and gutter wall be assessed and each adjacent property owner wall receive a ball for the amprovements 20 Rachard Smutzer, 7053 South Bonme Brae, said the annexation is taxation wathout representation No services will be gained wath this annexation No one on Caty Council represents hint now The service plan can be speeded up or slowed down When would services be provided, and are any guarantees that services will be provided? What happens ff the service plan condations are not met? Legal stafflndicated the state law allows property owners to challenge the lack of servmes with in the first two years usang a writ of mandamus The Caty could agree to dasannex or agree to a revised schedule for provasion of servmes Who pays for the attorney fees? Staff indicated that if they are dasannexed then there is a procedure refund taxes prod, at as incumbent upon the property owners to come an within 2 years with a writ of mandamus There is a provisaon that provades that attorneys' fees be paid The court can reqmre the city to provide reasonable services within a certain timeframe or be assessed cavil fines 32 21 Mont Wilkes, 141 SpnngfieldLane, smdthat the sermce plan has no specffic details, just ambiguous,statements What is the time frame? Are the services available in 2½ years, or does construction have to start for the services in 2½ years Why does the city not have an annexation plan? Should them be some negotiation with the land owners~ What am the exceptions? When does it apply or not apply? He cannot wait 4½ years to get water service on Bonme Brae Denton does not have the best representation Bonnie Brae will be closed It should not be closed The city's Subdivision Ordinance controls ETJ development, so why ~s annexationlnecessary? Restrict the area some~vhat Services should be provided before it ~s annexed Legal staffresponded that annexation plans were required to be filed by December 31, 1999 There Is a grace period for such annexation plans The exception states areas with fewer than I00 separate tracts of land on which one or more residential dwellings am located on each tract are the type of actions that require an annexation plan once the grace periods ends However, the cities have until December 31, 2003 for that provision to lock in Ttus particular typo of armexation is exempt from the annexation plan requirements because the number of residences is less than 100 even though there are over 100 tracts 22 Kevin Wade, 6979 South Bonnie Brae, was concerned about fire protection and prevention A mutual aid agreement ~s proposed with the Argyle Fire Department He believes the fire department cannot provide servxces to him as well as his current service from the Argyle Volunteer Flm Department Bonme Brae wfll defnntely be closed at US 377 Closmgofthe northern s~ction of Bonnie Brae is proposed If closed prior to completion of other thoroughfares, a safety hazard will be created because of the traffic problems on US 377 He requested that Bonnie Brae not be closed until other access if fully provided Five years ago, at a City Council meeting regarding development of his property, with developer Everett Frasier, City Planner Owen Yost led C~ty Council to block the provision of water 23 Shefla Luster, 4377 South Bonme Brae, smd that annexation should be for the mutual benefit for both parties Will agricultural exemptions stay in effect* Evaluate the pros and cons Why pay taxes with no additional servmes? Water tap fees and pavement of Bonme Brae was not accomplished because the developer and city planner could not get along and the improvements were not made There is no intention of putting in fire hydrants before 2004 24 David Yoder, 940 Brush Creek Road, asked what is the tax rate? The response xvas 52¢ per $100 valuation What is tax money going to be used for? How is annexation going to improve my quality ofhfe? Is the road going to get better? Am I going to get sewer? What will I get from paying city taxes? What will tho posted speed hrmt on Brush Creek be? When will Brush Creek Road and its bridge be improved? Will the pohee give speeding tickets to speeders? 25 Bill Lewls~ 900 Brush Creek Road, was unconvinced that annexation will prowde any benefits The city dOes not need the money from small residential areas 26 Mike Barber, 313 Allmd Road, was present last year at the proposed annexation and is still opposed What ts the density of Country Lakes North* There is no plan on how the servmes will reallylbe provided in the area 27 M C Bumh, 7034 Country Club Road, smd the proposed water line is 4200 feet long What is the distance required between fire hydrants? He feels he is a victim of progress, not a xvmuer 33 28 Charles HackeR, Country Club Road, observed that a common thread is that no property owner is in favor of annexatton One of the reasons for annexation Is for control of the land dunng development Bent Creek Estates was not built to the desired standards of City Council Bent Creek was m the city hrmts under City Council control The control was not taken by City Council, and its authority was not used to control the development 29 Gene Price, as a citizen of Denton, requested City Council to not annex these pmpertles 30 Gary Davis, 970 Brush Creek, felt that City Council is asking for money for things he already has How vall it affect lus utlhty bill? Will the annexation affect the water rates9 31 Tom Holarnon, 3246 South Bonnie Brae, asked how can the city of Denton control the floodplmn that he already controls9 What can the city do with the tax money to protect the floodplain? It can't be developed City Council assured the property owners 10 years ago and the Vintage development that there was no intent to annex his area to serve other developments You are doing what you said you were not going to do 32 Terry Houston, 4524 South Bonnie Brae, asked if there is any possibility to sway City Council to vote no? What are the conditions to voting no to all the properties? What ~s needed for a no vote? You should receive sometlung for what you get Staff responded that a super majority is needed to approve an annexatxon Two votes against the annexation would deny the annexation Attachment 5 Written Comments Received Since October 24, 2000 35 Lar~ W Work~n FAX NO 812-867-7cj87 Oct NOTICE OF PUBLIC HEARIN$ Z-00-021 (us 377/1~5 w Zoninq) & A-~ 02 (US 37711-35W Annexation) ~e Planning and Zoning Commission of the C~ty of Denton will hold a pubhc headng on Wednesday~ November 8, 2000 to ~nslder making a m~mmendabon to CtW Counc{I regardmg the proposed annexation and zoning to an Agricultural (A) zoning district of approxlma~ly 1,711 a~es generally In the sou~west so.Ion of the d~ baleen US Highway 377 and InternOte H~ghway 35 West. as shown shaded m the on.used map The public h~ngs will ~ at 6 p m In the CJ~ Council Chambers of C~ty Hall lo.ted ~ 215 E M~mney Street, De~ton, T~as Because you own prope~ w~n the proposed annexabon u~a or w/thin ~o hund~d (200) feet ~ ~e subje~ prope~y, the C~ Coun~l would I~ke to hear how ~u feel about ~ls ann~ebon end zoning ~anqe reoue~ and inv~es you to a~end the public heanngs Public hearmgs are d~gned to provide oppo~unlfles for =flzen evolvement and ~m~nt In order for your opinion to be ~ken into a~unt, please mtum the enclosed form wEh your ~mments prior to ~e date of the pubit~ hearing (Th~s in no way p~hib~ts you from etten~ ~-d ~oxpabng m the ~ubl~c - -~anng ~ Y~ ~y fax It ,e the number lo.ted at the bo~om, mall ~ ~ ~ ~ , ,t o~-- in-person ~~J~l~ Planning .nd Development Denton, Tex~ 76201 JU~ Affn Maroy RatcJJff, Development Rev~ ~~ ~e Zoning process Includes ~o pubhc healings designed p~:~:~T~ t~en Involvement and ~mment Pnor to ~e public h~rmgs, landownem w~h~n ~o hu~red (200) feet of ~e subject prope~ am no~fied of ~e ~ning mque~ by way of th~s notl~ ~e tint publm heanng ~s held before ~e Plannmg and Zomng ~mmlssion ~e ~mmisslon Is Info.ed responses in sup~ and m opp~mn Se~nd, ~e zoning petition ~s fo~arded to the C~ ~unml for final a~on pmv~dmg the Commission re.emends approval Should ~e ~mmlssion re.emend demal, ~e peffiloner may then appeal ~e r~uest to ~e C~ ~undl If ownem of more than ~en~ (20) parent of the land ar~ wl~ln ~o hundred (200) feet of ~e site subm~ w~en opposihon. ~en s~x out of seven ~o[~ ~ ~e C~ ~unml are required to approve ~e zonfng ~ange These forms are useE to caleula~ ~e pereem~ge of la~owner oppositfon Please circle one In ~vor of request Neutral to request Comments: Printed Name /-~. ~- ~-~,~ [ ~_~,~ ~..~,~.<~ ~, Telephone Numar . ~1 ~- ~- ~ ~ ~ Ph~l~]Addr~ofPrope~w~Jn2OOf~ ~ ~ /~ ~ ~ ~ [~ ~ ~ C~ OF DENTON, T~AS c~ H~LW~T - D~ON, T~S 76201 - ~983~ - (r)~0~9 ~07 36. NOT'rCE OF PUBL'r¢ HEAR'rN6 Z-00-02'l (us 377/I.35 w Zoning) & A-102 (us 377/I-35w Annexation) The Planning and Zoning Commission of the Qty of Denton wdl hold a pubhc heanng on Wednesday, November 8, 2000 to consider making a recommendation to C~ty Council regarding the proposed annexation and zoning to an Agricultural (A) zoning district of approximately 1,711 acres generally In the southwest section of the c~ty between US Highway 377 and Interstate H~ghway 35 West, as shown shaded in the enclosed map The pubhc heanngs will start at 6 p m In the C~ty Councd Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property within the proposed annexation area or wrth~n two hundred (200) feet of the subject property, the City Council wou/d like to hear how you fee/ about this annexation and zon~nq chancre reauest and invites you to attend the pub/lc heanngs Pubhc heanngs are designed to provide opportunities for c~t~zen ~nvolvement and comment In order for your opinion to be taken Into account, please return the enclosed form *,,th ,,'~,,. *'.Ar'nm~nf~ nmnr tn th date of the pub,,c hearing (This ,n no way prohibits you from atte,~W~'~-f;~.~a~'~"~ )ub,/c heanng ) You may fax it to the number located at the bottom, mai~.~..--~-. --.~...-.-- w ~., ~-~i.~.u.u~u auu~m~o uo~uw, u~lr~l~ . it off in-person Planning and Development Depal OCT 3 ! 2000 221 N, Elm ST Denton, Texas 76201 PLANNING & DEVELOPMENT Attn Marcy Ratcl fi, Deve opment Rev ew w~anager The zoning process includes two public hearings designed to provide opportunities for citizen ~nvolvement and comment Pnor to the pubhc hearings, landowners w~thin two hundred (200) feet of the subject property are not~fied of the zoning request by way of th~s notme The first pubhc heanng ~s held before the Planning and Zoning Commission The Commission ~s ~nformed of the percent of responses In support and In opposition Second, the zoning petition ~s lo.yarded to the C~ty Councd for final action prowding the Commission recommends approval Should the Commission recommend den~al, the petitioner may then appeal the request to the C~ty Councd If owners of more than twenty (20) percent of the land area w~thin two hundred (200) feet of the s~te submit wntten opposition, then s~x out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition In favor of request NPle~tar~: t¢~;;;eu;;; ~to request~~ Comments Signature Pnnted Name Madlng Address C~ty, State Zip Telephone Number Physical Address of Property within 200 feet CITY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)940349 7707 37 NOTI'CE OF PUBLI C HEAR'tN6 Z-00.021 (us 377/ -3s w & A-102 (us 37711.35w Annexation) Tho Planning and Zoning Commlsslon of Ihe C~ty of Denton wdl hold a pubhc hearing on Wednesday, November 8, 2000 to consider making a recommendation to C~ty Councd regarding the proposed annexation and zoning to an Agricultural (A) zoning district o1' approximately 1,711 acres generally m tile southwest section of the city between US H~ghway 377 and Interstate H~ghway 35 Wosl, as shown shaded In the enclosed map The pubhc hearings will start at 6 p m In the City Council Chambers of C~ty Hall Iocatcd at 215 E McK~nney Street. Denton, Texas Because you own property will,in the proposed annexation area or w~thm two hundred (200) feet of tho subject property, the City Counol would I~ke to hear how you feel about th~s anne)~.~lon__a.~l_~,g_r~'qg chancle re, gue~¢ and invites you to attend tile pubhc hearings Pubhc heanngs are designed to provide opportumt~es for c~t[zen Involvem, ~ent In order for your opinion to be taken into account, please return the enclosed form · IJ~J~ (q~n~o the of the pubhc hearing (Th~s In no way pmh~bit~ you from a~on~ ~ ~b~ ~ubl~ hearing ) You may fax it to the number ideated at the bol[orn, rnall~ ~the ~ddre~ ~t off 1/111 0 ,-UJ-. u 20oo Planning and Development Oep~ p:~ '-~u , Denton. Texas 76201 ~EF~ ~1 A~n Marcy Ratcllff, Development Review Man~ ~ The zoning process Includes ~o pubhc heaangs designed [o provide oppo~unmes for cmzen involvement and ~mment Pnor to tho public hearings, landowners wt[hin two hundred (200) feet the subject prope~ are not~fled or the zoning request by way of this not{ce The first pubhc hearing held before the Planning and Zomn9 Commission The Commission ls reformed of the percent of responses In support and m opposition Se~nd, the zomng pard;on ~s fo~arded to the C~ty Council final action providing the Commission re~mmends approval Should the Commission recommend denial, the petitioner may then appeal the request [o the C~ty Council If owners of more than ~enty (Z0) ~er~nt of the land area ~thln two hundred (Z00) feet of the s~te submit written opposmon, then six out o[ seven votes of the C~ty Council are required lo approve the zoning change These forms are used to calculate the percentage of landowner opposlbon Please circle one In favor of request Neutral to request Comments ~tgnalure ,~ ,-- , ...... Printed Name', ~.- ~j,~_ ~ ~ MmhngAddress ~_ ~, ~ ~ ~ cl~. State Zip _. ~, T~ ~ ..... - ..... Telephone Number . ~- ~ ~ - o~ ~ ~ Ph?~[ ~me~ of Pro~rLy wl~ln 200 feet ~ ....... CI~ OF DENTON, TEXAS C~H~LLWEST · O[~ON TE~S 7~20~ - g4o349aaso - 38 FF~url -~EHELH FEOFES~I~IHL FRODULT<~ PHOHE 140 940 3~3 4029 lluu O? 2000 0~. £oFll NOTICE OF PUBLIC HEARIN6 Z-00.021 (us $7711-35 w Zonlna) & 02 (US $7711-35w Annexation) The Planning and Zoning Commission of the City of Denton will hold a public hearmg Wednesday, November 8, 2000 to ~nslder making e re~mmendation to C~ ~uncll regarding the proposed annexation and zoning to an ~ricultural (A) zoning dl~rict of approximately 1,711 a~es generally In ~e southwest section of the c;W baleen US Highway 3~ and Interstate H~gh~y ~ West, as shown shaded in the enclosed map ~e public heatings w~ll s~ at 6 p m in the C~ty Council Chambers of Cl~ Hall Io~t~ at 215 E M~lnney StOat, Denton, Texas Because you own prope~y w~h~n ~e pmp~ed anne~bon area or w~h;n two hundred (200) feet of g~e subjecf pmpe~, the CEy Count# would like to hear how you feel abo~ fhis enn,exabon end zon/nq chenqe request and ~nv~es you to aHend the public h~ngs Pubhc hearings ~e designed to provide oppo~n~tles for c;tfzen involvement and ~mment In o~er for your op;mon ~ be ~ken ~nto ac~u~, please ream ~e enclosed form wKh your commen~ p~r to the date of ~e public hearing (Th;s in no way pmh/blts you f~m a~end/ng and ~clpa~ng In the public heen~ ) You' ~y f~ It to the num~ lo.ed at the boffom, m~l It to '~ ~"~-- ~-' Planning and Development Depa~me~ ~l 221 N. Elm ST NOV - Denton, T~as 76201 A~n. Marcy Ratcllff, Development Review ~ a~er T~ sorting p~ss Includes ~o public h~rlngs designed to p ~~L~ involvement and ~mment Pnor to the public healings, landownem ~lthln ~o hundred (200) feet ~f · e eubj~ p[~ am notified of the zoning r~uest by ~y of this nofl~ ~e first pubhc hearing is held before the Planning and Zoning Commission The Comml~ion is ~nfo~ of the pe~nt of respons~ In auppoA and m opposition ~nd. the zoning pebflon is fo~a~ed to ~e C~ ~un=l for final a~on p~vldlng ~e ~mmlsslon recommends approval Should the Comml~ion re.remand denial, the petitioner may then appeal the request to ~e CI~ Councd If o~em of ~m ~an ~en~ (20) parent ~ the land ama within ~o hundred (200) feet of the site submit wn~en op~slflon, then slx out ~ seven votes of the C;~ Councd are required to approve the zoning change ~ese forms are used to calc~la~ the percen~ of landowner PIea.e tirol, one ~n favor, of request Neutral to ~uest PdntedName ~a 5 ~ ~ ~ . ' S. ~~ Mailing Telephone Nember ~ffO -- ~ ~ 3 -- O ~ ? ~ P~sI~I Addm~ of Pmpe~ wl~ln 200 feet ~ ~ t L ~ C~ OFDENTON, T~S Ci~[W~T · OE~ON ~ 76201 - ~9~ - (F) ~0~9 7707 39 FROH ~r~$ Loner PHONE HO 9405662~76 Hou 8& ~DD 1~3 4?Pi1 P~ NOTICE OF PUBLI HEARZN6 Z-00-021 (us 37711.35 w Zoning) & A-102 (us 377/1 5w Annexation) The Planning and Zoning Commission of the C~ of Denton will hold a public heanng on Wednesd~, November 8. 2000 to consider making a re~mmendabon ~ C~ ~uncd regardmg the proposed a~ne~tion and zoning to an Agricultural (A) zoning district of approximately 1,711 a~es gene~lly in the southwest se~on of the cl~ baleen US Highway 377 and Interstate Highway 35 West, as sh~n shaded m the enclosed map ~e public hearings will s~A at 6 p m m the C~ Council Chambem of CI~ Hall lo.ted at 215 E M~inney S~e~, Denton. Texas Bemuse you own pmpe~y wEh~n ~e propped ennexabon area or w~hm ~o hundmd (200) ~et of ~e subject p~pe~, the C~y CouncE wouM I~ke to hear how you feel abo~ th~s annexebon and Zonlno chan~e r~(fe*ef end mvges you to a~end ~e puM~ hearings Pubhc heanngs are designed to p~Ide oppoAumbes for c~zen mvolvement and ~mment In order for your oplnlon to be ~ken into a~unt, please return ~e enclosed form wAh your comments prior to the date of the publ}c hearing (Th~s m no way prohlb~s you ~om a~end~ng and pa~tcmat,n- (- *ff .... bhc heanng) Y~ ~fax ,t ,o ~e ~m~r Io~d at ~e bottom, ma,~~~ off t mon Planning and Development Depa~ 22t N. EImST II~l ,.uv - o ~ Ildll Denton, Texas 76201 II1~1 A..' Marcy ~tc,.. ~velopme. ~vle~~~ The zoning pro.ss In~udes ~o pubhc h~dn~ designed k ) e~ for c~t~en mvolvement and ~mm~t PHor to the pubhc heaHn~, landownem wAhin ~o hundred (200) feet of the subje~ pmpe~ am no~ of ~e zonmg request by way of this nob~ The held before the Planning and Zoning ~mmms~on The Commission Is Info.ed of the paint of r~ponses In suppo~ and ~n op~sElon Se~nd, the zonmg peMmn ~s fo~ard~ to the C~ Coun~l for fi~l a~lon prowdmg ~e ~mmmsmn m~mmends approval Shou~ the Commission re.remand dalai, the pe~mner may ~en appeal ~e requeM to ~e Ci~ Council E owners of mom than ~en~ (20) pement,~ the ~nd a~ ~hln ~o hund~ (200) feet of the site submit wntten oppos~on, then six o~ of seven vot~ ~ the C~ Council em requlr~ to approve the zonmg change The~e fo~s are us~ to cal~ula~ t~ ~n~ge of lando~er oppos~ion Ple~e circle one In ~vor ~ request Neutral to ~uest ~0'~qu~ Commen~: Pr, n~Name ~ ~. ~ ~ Mmhng Addm~~_ ~ ~. S~ Zlp Telephone Number ~ - 3~-t~¢ t Physl~l Addm~ ~ Prope~ wEhm 200 f~ ~ ~. ~ ~ ~1~ OF D~ON. T~A$ c~ ~LL WEST - D~ON, ~S 76201 - 40 .TIJ Const PHONE 140 9405~]62176 Hov 08 ~ 10 45PH P1 NO CE OF PUBLIC HEARIN6 Z-00-021 (us 37711 s w Zoning) & A-102 (US 377/1 5w Annexation) The Planning and Zoning Commission of the City of Denton w~ll hold a public healing on Wednesday~ November 8, 2000 to ~ns~der making a recommendation ~ Cl~ Council regarding the proposed a~nexatlon and zoning to an Agricultural (A) zoning district of approximately 1,711 a=es generally In the so~hwest se~lon of the mty baleen US Highway 377 and Interstate Highway 35 W~t as shown shaded in the enclosed map The public hearings will staA at 6 p m m the Ct~ Counml Chambem of C~ Hall lo.ted at 215 E Mc~nney S~eet, Denton, Te~s ~cause you own prope~ w, th~n the proposed annexation ares or within ~o hundmd (200) feet of the subject pmpe~, fl~e CSy Council would I~ke to hear how you feel about th~s e~nexatlon and zon~no chan~e moue~ and mynas you to a~end the public heanngs Pubhc heanngs am demgned to provide oppoAumties for =flzen involvement and ~mment In o~er fore, ur opinion to be ~ken ~nto ac~unt, please return the enclosed fo~ wifl ~~~ te of the public heanng (Th~s ~n no ~y pmhlb~s you ~m a~end~l ~~~ h~a~g ) You may fax it to the ~ lo.ted ~the b~, marl ~'1 ~ address ~l~w~r d~ Planning and Development gepa~m ~J ~1 N Elm ST u u[ J-- Denton, Texas 7~01 P NNING & DEVELOPMEN A~n' Marcy ~tcl~, Development Review The zoning process in~udes ~o pubhc heanngs designed to provide oppo~umttes for c~hzen Involvement and ~mment Pnor ~ ~e public heatings, land~nem within ~o hundr~ (200) feet of the subJect prope~ am no~fied of ~e zomng request by way of ~lS notl~ The held be~re the Planning and Zoning ~mmisslon The Commission ~s info.ed of ~e parent of responses In suppo~ and m opposition Se~nd, the zoning pe~lon ~s fo~a~ to the City Council for final a~on providing the ~mmiss~on re~mmends approval Should the Commission m~mmend denial, ~e ~tlUoner may then appeal the request to ~e C~ ~un~l If ~nem of mom ~an ~en~ (20) parent of the land area ~hln ~o hund~ (200) feet of the site submit wnffen opposR~on, ~en out of seven votes of the Cl~ Councd a~ r~u~d to approve ~e zomng change The~e fo~s are us~ to cal~la~ the ~r~entage of landowner opp~ition. Please circle one: In favor of request Neutral to r~uest ~p~osed~o mque~ Commen~ U Pnnted Name ~ ~. Mailing Address ~ ~ ~ ~ City, ~ Zip ~4~: ~ J~) Telephone Number ~-~ ~o Phys[~ Add~s of Pmpe~ ~ln 2~ feet t~ ~. ~,~ ~ C~ OPDENTON, T~S C~WEST · DENTON ~S 76201 · NOTI'CE OF PUBL'rC HEARTN6 Z-00-021 (us 37711-35 W Zoning) & A-102 (US 377/I-35w Annexation) The PlanningI and Zoning Commission of the C~ty cf Denton w~ll hold a public heanng on Wednesday, November 8, 2000 to consider making a recommendation to City Council regarding the proposed anrtexatlon and zoning to an Agricultural (A) zoning district of approximately 1,711 acres generally In the southwest section of the city between US H~ghway 377 and Interstate Highway 35 West, as eh'own shaded in the enclosed map The pubhc hearings w~ll start at 6 p m in the C~ty Council Chambers of C~ty Hall located at 215 E McKlnney Street, Denton, Texas Because you own property w/thin the proposed annexation area or w/thru two hundred (200) feet of the subject property, the Clty Council would I/ke to hear how you feel about this annexabon and zonlncl chance reouest and Invites you to attend the public hearings Pubhc heanngs are designed to provide opportunities for c~t~zen involvement and comment In order for your opinion to be token into account, please return the enclosed form with your comments prior to the date of the public hearing (This in no way prohibits you from attending . and a .... ubl~c heanng)You may fax It to the number located at the bottom, ma,ltt'l~T'[[1~~~i~ it off in-person Planning and221 Development Depart~e~tN Elm ST N0V' 1-~.000 Denton, Texas 76201 Attn: Marcy Ratcllff, Development Revle~v-~ & The zoning process Includes two public heanngs designed toL~,uv~e~opportunlt~es for c;[izen involvement and comment Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice The first pubhc heanng ~s held before the Planning and Zoning Commiss~on The Commission is reformed of the percent of responses in support and in opposition Second, the zoning pebt~on is forwarded to the City Council for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then s~x out of seven votes of the City Councl are requ red to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one Oomments' Pnnted Name /'~o~'z--'~7- A/. Mailing Address ~ ~ 21 ~) d .~ A City, State Zip .,~P~Y~-£~ '7~, 7'~ 224 Telephone Number. ?//~, -y~'.3 ~ ?~ ?y Physical Address of Property within 200 feet z/?2/ CITY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 42 I--~Jr e~' NORTH A-102 (US 3'77/I-35W Annexation) Z-00-021 (US 377/I-35W Zone Change Request) 200'-$00' NOTICE MAP Scale. None 43 NOTI'CE OF PUBL'rC HEAR'tN6 Z-00-021 (us 377/i.35 w Zoning) & A-102 (us 377/I.35w Annexation.) The Planning and Zoning Commission of the C~ty of Denton w~ll hold a publ~c heanng on Wednesday, ~ovember 8, 2000 to consider making a recommendation to C~ty Council regarding the proposed angexatlon and zoning to an Agricultural (A) zoning district of approximately 1,711 acres generally in the southwest section of the city between US H~ghway 377 and Interstate HIohwa 35 West, as shown shaded In the enclosed map The public he~rings will start at 6 p m in the City Council Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property w/thin the proposed annexation area or w/thin two hundred (200) feet of the subject property, the City Council would like to hear how you feel about this annbxation and zonlncl chancle reouest and invites you to attend the public heanngs Pubhc hearings are designed to provide opportunities for c~tizen involvement and comment In order for your opinion to be t~aken Into account, please return the enclosed form w~th your comments pnor to the date hearing) YOulmay faxlt tothe number located at thc bottom, mair~i~(~[~'''_. ~[~ ,Itoff In-person Planning and Devel°pment Dopal ~tnt N0~/' 1 200DDenton,221 NTexasEIm ST76201 ]~ Attn: Marcy Ratcllff, Development Revl ~W..,/litf~l~ DEVELOPMENT The zoning process Includes two public hearings designed to provide opportunities for citizen Involvement and comment Prior to the public hearings, landowners w~th~n two hundred (200) feet of the subject property ara notified of the zoning request by way of this nobce The first pubhc hearing is held before the Planning and Zoning Commission The Commission ~s informed of the percent of responses In s~upport and ~n opposition Second, the zoning pebtlon is forwarded to the City Council for final action PrOviding the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent o~ the land area within two hundred (200) feet of the s~te submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one In favor of request Neutral to request to reques~ Comments Physical Address of Property within 200 feet CITY OF DENTON, TEXAS C~TY HALL WEST. DENTON, TEXAS 7S20~ · S40 349 83S0. (F) S40 34~ 7707 NOTICE OF PUBLTC HEAR'rN6 Z-00-021 (us 37711.35 w Zoning) & A-'102 (us 377/I-35w Annexation) The Planning and Zoning Commission of the C~ty of Denton w~ll hold a pubhc heanng on Wednesday, November 8, 2000 to consider making a recommendation to C~ty Councd regarding the proposed annexation and zoning to an Agricultural (A) zoning district of approximately 1,711 acres generally ~n the southwest secbon of the c~ty between US H~ghway 377 and Interstate Highway 35 West, as shown shaded In the enclosed map The public hearings wdl start at 6 p m in the C~ty Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w/thin the proposed annexabon area or w/thin two hundred (200) feet of the subject property, the City Counc# would hke to hear how you feel about this annexation and zonincl chanoe reouest and/nwtes you to attend the public heanngs Pubhc hearings are designed to provide opportunities for c~t~zen involvement and comment In order for,,our op~mon to be taken into account, please return the enclosed form with '.'our comments prior to the d~ of the pubhc hearing (This in no way prohibits you from attend# _.~T~_~t~t~)~ [l~i~4 heanng ) You may fax it to the number located at the bottom, mah itl ,l'tt~ddd:~s~~ I~1 in-pereon iiii1 Plannlngand Development Departm ~1 NOV' ~- 2000 III)1 Denton, Texas 76201 '~ ....... ~'PM~:NT Attn Marcy Ratcllff, Development Review /°al~l~G & Ut:Vt:LU The zoning process includes two public heanngs designed to provide opportunibes for citizen ~nvolvement and comment Pnor to the public hearings, landowners w~th~n two hundred (200) feet of the subject property are notified of the zoning request by way of this notice The first pubhc heanng ~s held before the Planning and Zoning Commission The Commission Is ~nformed of the percent of responses in support and In opposition Second, the zomng petition ~s forwarded to the C~ty Councd for final action provid~ng the Commission recommends approval Should the Comm~ssion recommend den~al, the petitioner may then appeal the request to the C~ty Councd If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the s~te submit written opposition, then s~x out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one .. , In favor of request Neutral to request ~~ Comments Printed Name~/,~'T'~ ~ ~, Mailing Address -.~_/~ ~r ~5-~¢~'~,'~'' C~ty, State Zip ~ Telephone Number ~ ---'"~-'-'"~(~ Physical Address of Property wlthln 200 feet .z/,~-~ ClTY OF DENTON, TEXAS ClTY HALL WEST · DENTON, TEXAS 76201 · 9403498350 , (F)9403497707 45 NOTICE OF PUBLIC HEARING Z-00-021 (us 377/I-35 W Zoning) & A-102 (us 377/I.35w Annexation.) The Planning and Zoning Commission of the City of Denton w~ll hold a public hearing on Wednesday, November 8, 2000 to consider making a recommendabon to CRy Council regarding the proposed annexation and zoning to an Agricultural (A) zoning district of approximately 1,711 acres generally In the southwest section of the city between US H~ghway 377 and Interstate Highway 35 West, as shown shaded In the enclosed map The pubhc hearings w~ll start at 6 p m ~n the City Council Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property w/thin the proposed annexation area or within two hundred (200) feet of the subject property, the City Council would like to hear how you feel about this annexation and zoning change reouest and invites you to attend the public hearings Pubhc hearings are designed to provide opportunities for cit~zen ~nvolvement and comment In order for your opinion to be taken Into account, please return the enclosed form w~th your comments prior to the date of the public hearing (This in no way prohibits you from attending and part~cipatln9 in the public hea,/ng ) You may fax ~t to the number located at the bottom, mini [A~t~a~:es~-J~w,~l~=~ off in-person ~'~[~{~ L~ ~- J' L~JJ~\I Planning and Development Departn 221 N Elm ST NOV - [ 2000 Denton, Texas 76201 Attn Marcy Ratcllff, Development Revlev ~ger \ P ORMENT The zoning process includes two public hearings designed to ~ties fdr c:t:::an involvement and comment Prior to the pubhc heanngs, landowners w~th~n two hundred (200) feet of the subJect property are notified of the zoning request by way of th~s notme The first pubhc heanng ~s held before the Planning and Zoning Commission The Commission ~s ~nformed of the percent of responses in support and In opposition Second, the zomng pebbon is forwarded to the C~ty Council for final action providing the Commission recommends approval Should the Comm~ssion recommend denial, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the rote submit written opposition, then s~x out of seven votes of the O~ty Council are required to approve the zon~g-cha~hese forms are used to calculate the percentage of landowner opposition Please circle one ~"-~ ~"~----~ In favor of request Neutral to request ~.....~/'"~.._ O~p?osed to request___.....~J Comments Signature ~"'.._. ~,, ~ ~~j~ Printed Name ~ ~ ~ ~ ~ MmlingAddress /0 qO ~US~ ~~ City, State Zip A ~F~ ~ L ~. ~ ~ ? ~ Telephone Number ~ ~ ~ - ~ O ~ ~ PhyslcalAddmssofPropeAywlthin200feet /~ ~ ~ ClTY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 46 NOTICE OF PUBLIC HEARING Z-00-021 (us 377/I.35 w Zomng) & A-102 (us 377/I.35w Annexation) The Planning and Zoning Commission of the C~ty of Denton w~ll hold a pubhc heanng on Wednesday, November 8, 2000 to consider making a recommendabon to C~ty Council regarding the proposed annexation and zoning to an Agricultural (A) zoning district of approximately 1,711 acres generally in the southwest section of the c~ty between US H~ghway 377 and Interstate H~ghway 35 West, as shown shaded in the enclosed map The pubhc hearings will start at 6 p m in the City Council Chambers of Cfly Hall located at 215 E McKlnney Street, Denton, Texas Because you own property w/th/n the proposed annexation area or within two hundred (200) feet of the subject property, the Crty Council would like to hear how you feel about th~s annexabon and zoning chanqe request and mvrtes you to attend the public hearings Pubhc heanngs are designed to provide opportunities for c~bzen ~nvolvement and comment In order for ~'our opinion to be taken into account, please return the enclosed form ~ ~th w3ur c.~mments Drier to th~ date heanng ) You may fax it to the number located at the bottom, ma~l~L~~ ,,~x~... ~:.~ill it off in-person Planning and Development Deparl~t221 N Elm ST NOV-7 Z000 Ib~J Denton, Texas 76201 PLANNING & DEVELOPMENT Attn Marcy Ratcllff, Development RevlE The zoning process includes two public hearings designed to prowde opportumt~es for c~tlzen ~nvolvement and comment Prior to the public hearings, landowners w~thm two hundred (200) feet of the subject property ara notified of the zoning request by way of this notice The first pubhc heanng ~s held before the Planning and Zoning Commission The Commission is informed of the percent of responses in support and in opposlbon Second, the zoning pet~bon is forwarded to the C~ty Council for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the City Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then s~x out of seven votes of the City Council are required to approve the zomng change These forms are used to calculate the percentage of landowner opposition Please circle one In favor of request Neutral to request .~ Opposed to request~Jj~' Co ants ~ '~ _ " " Z -' ' 'v - Signature ! .~-~ '~ ~L ~r~,~ ""-'~,,...,~ Printed Name ...... Ma,hngAddress ~ ~ 7~--~ city, State zip (~^~C,J; T~x, ?~4~/~ Telephone Number' O U,~._~ Phystcal Address of Property within 200 feet c~7~0 ~,/J~[ Fl1 -~ ClTY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 * 9403498350 · (F)9403497707 47 NOTICE OF PUBLIC HEARIN6 Z-00-021 (us 377/I-35 W Zon,ng) & A-102 (us 377/I.35w Annexation) The Planning and Zoning Commlsslon of the C~ty of Denton w~ll hold a public hearing on Wednesday, November 8, 2000 to consider making a recommendabon to C~ty Council regarding the proposed annexation and zonlng to an Agricultural (A) zoning district of approximately 1,711 acres generally In the southwest section of the c~ty between US Highway 377 and Interstate H~ghway 35 West, as shown shaded in the enclosed map The pubhc hearings w~ll start at 6 p m in the CRy Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property within the proposed annexation area or within two hundred (200) feet of the subject property, the City Council would like to hear how you feel about this annexation and zonlnq chanqe request and invites you to attend the public heanngs Pubhc heanngs are designed to prowde opportumtles for c~t~zen involvement and comment In order for your opinion to be taken into account, please return the enclosed form w~th your comments pnor to the date of the pubhc hearing (This in no way prohibits you from attending and partlclpatl~bhc hearing ) You may fax it to the number Iocatud at the bottom, rnml ~t ~j[Fl~l~j~-(~,"j~J~t off ,n-person Planning and Development Departn 221 N ElmST · Denton, Texas 76201 Attn Marcy Ratcllff, Development Revievp~ MENT-. -'~G & D~'~/I:LOPMENT The zoning process includes two pubhc hearings designed to ~'~'~{JG & g~'~/FLOPorc'l'-en involvement and comment Pnor to the pubhc hearings, landowners w~thm two hundred (200) feet of the subject property are nobfied of the zoning request by way of this notice The first pubhc heanng ~s held before the Planning and Zoning Commission The Commission ~s informed of the percent of responses in support and in oppombon Second, the zomng petR~on is forwarded to the C~ty Council for final action providing the Commission recommends approval Should the Commission recommend demal, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the rote submit wntten opposition, then mx out of seven votes of the City Counml are required to approve the zomng change These forms are used to calculate the percentage of landowner opposition Please circle one In favor of request Neutral to request Comments Signature ~ Printed Name Malhng Address ~ City, State Zip Telephone Number Ph~ ~n 200 f;e~~ ' "" "- ~'""--~ CITY OP DENTON, TEXAS cn'Y HALL WEST · DENTON, TEXAS 76201 · 940 349 8350 · (F) 940 349 7707 48 NOTICE OF PUBLIC HEARIN6 Z-00-020 (Ryan Road/Country Club Road Zonin.q) & ,A-101 (Ryan Road/Country Club Road Annexation) The Planning ,and Zonlng Commission of the C~ty of Denton wdl hold a pubhc heanng on Wednesday, November 8, 2000 to consider making a recommendabon to C~ty Councd regarding the proposed annexation and zoning to an Agricultural (A) zomng district of approximately 1,370 acres generally east of US H~ghway 377, along Ryan Road and Country Club Road as shown shaded in the enclosed map The public heanngs will start at 6 p m ~n the C~ty Council Chambers of C~ty Hall located at 215 E McK~nney Street. Denton, Texas Because you own property w~th/n the proposed annexabon area or w/thin two hundred (200) feet of the subject property, the City Council would like to hear how you feel about this anneyation and zomnq chan.qe request and Invites you to attend the public heanngs Pubhc heanngs are designed to prowde opportunities for c~bzen ~nvolvement and comment In order for your op~mon to be taken into account, please return the enclosed form with ~our comments prior to the date of the pubhc hearing (Th,slnnowayproh/b/tsyoufromattend/n9 heanng ) You may fax it to the number located at the bottom, m,~l ~t to in-person Planning and Development Departmel - '7 ~OOD 221 N Elm ST Denton, Texas 76201 Attn Marcy Ratcllff, Development Review & DEVELOPMENT The zoning process includes two public hearings designed to provide opportunities for citizen involvement and comment Prior to the public hearings, landowners w~th~n two hundred (200) feet of the subject property are notified of the zoning request by way of th~s notice The first public hearing is held before the Planning and Zoning Commission The Commission ~s informed of the percent of responses in support and in opposition Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the C~ty Councd If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposibon Please circle one In favor of request Neutral to request Comments Signature ~ Mailing Address ,/,~ ~ ~:~"$,,/- ~'/'~--/'C' ~ C,ty, State Z,p ,~'-/~//,'~ ~',',',',',',',',',~' ~ Z ~ d Telephone Number ~2 ~3-~~ Physical Address of Prope~ within 200 feet ~ ~ ~ ~ ~ ~ ~ ClTYOFDEN~ON, T~S CI~ HALL WEST ·DENTON, T~S 76201 · 9403498350 · (F) 940 ~9 7707 , NOTICE PUBLIC HEA ING Z-00-02 D (Ryan RoadlCount~ Club Road Zoning) & ~ A-~ 0~ R~n Road/Count~ Club Road A~nexatlon) THe Plannin~ and Zonlrg Commission of the Ct~ of Denton will hold a pubhc heanng on W~ ~dnesday, November ~, 2000 ~ consider making a recommendation to CI~ Coundl regarding the pr,, ~posed annexation an¢ zoning to an Agricultural (A) zoning district of approximately 1,370 ac es generally east of US ~lghway 377, along Ryan Road and Coun~ Club Road as sh~n shaded m j he enclosed map T~ pubhc heanngs will sb~ at 6 p m In the C~ ~uncll Chambers of CI~ Hall located at 215 E M~nney Street, Denton, ~ ;exas Because you own prope~ w~hln the proposed annexation ama or wi~m ~o hundred (200) f~ et of the subject prope~, t~e Ci~ Counc# would I~ke to hear how you feel about th~s annex~on a~d ~ pnino chanoe moue~ and mvEes you to aEend the pubfl~ heanngs Pubhc h~nngs am designed to p~ =~de oppoAunlt~ for dttzen involvement and ~mment In o~er for your o~nl~ to be ~ken Into a~ aunt, please return the enclosed form w~[h ~ur commen~ prior to the date of the pubhc heanng (Ti ~s in no way pmhib~s you imm attending end pe~pabng in the pubhc h~dng) You may fax lt~o ~he number lo~ted at the bo~m, mm_pe~on : Planning and Development Depall' Denton, Texas ~6201 NOV 7 ~000 ' A":, Mercy Retcllff, Development Revi~_~anaRer J The zoning process incl:des ~o public hearings des,gnedi ~.,~--_._~ .._ _~p~~~l~lzen involvement and ~mment Pdor to the pubhc hearings, lendownem w~thln ~o hundred (2o0) ~eet of ~e subject pm~ am no' ~led of t~e ~nlng request by way of this notl~ The flint pubhc hearing Is held before the Planning ~ nd ~nmg ~mmlss~on The Commission is informed of ~e per~nt of r~ponses In suppoA and Ir oppos~lon Se~nd, ~e ~nlng pet~bon is fo~arded to the Ct~ Council for fi~l acbon providing the ( '.ommlss~on m~mmends approval Should the Commission re~mmend denial, the petitioner may ti~en appeal the request to the CI~ ~uncll If ownem of more than ~en~ (20) ~r~nt ~ the land am. i w~thm ~o hundred (200) feet of ~e sl~ submit wn~n opposit]o~, ~en six o~ of seven vows of ~e ( ~ Council are required to approve the zoning change These ~rms are used ~o calculate ~e per~ enta~ of landowner opposition. Please circle In ~vor of mqu )st Neutral ~ request ~ ~ Opp~ed ~ re.est ~ Commen~~ ....... Mhthng Addr~s T~lep~ne Humber _ P~s~l Address ~ Pro~ ~ w~ln 200 feet' C{~OFDEN~ON, ~ ~wE~ * DE~ON.~S 7S201 · ~0~98350 · (~840~9~07 50 11/88/2888 03' 48 9405652222 TEXAS TEPATOGEHS PAGE 82 NOT CE OF PUBLIC HEARING Z-00-020 (~ RoadlCount~ Club Road Zonina) & A=~ 01 (Ryan Rbad/Count~ Club Road ~nexation) The Planning and Zoning Comm~a=lon of the Cm~ of Denton will hold a pubhc heanng on Wednesday. Novem~r 8. 2000 to ~nslder making a re~mmendatmon to C~ Coundl regarding the propo=ed annexaUon and zoning to an Agricultural (Al zoning dl~rl~ of approximately 1.370 acres generally east ~ US Highway ~77, along R~n Road and Count~ Club Road aS shown shaded In ~e endos~ map The pubhc hea~ngs ~11 s~ at 6 p ~ m the Cm~ Councml Chambem of C~ty Hall lo.ted at 215 E McKInney Street, Denton, Texas Bebeuse you own prope~ w/th~n the proposed annexation area or within two hundred (200) feet of the ~bject prope~y, the C~ Council would I~ke to hear how you feel about th~s ~nnexatlon end ~n~na chelae ~uest and Inv~es you to a~end the public heanngs Pubhc hearings are designed to provide opp~unltles for mtmzen Involvement and ~mment In order for your opinion to ~ ~ken ~n~ a~ount, please return the enclosed fo~ w~th your ~mments prior ~ the date of the public hearing (Th~s ~n no ~ey pmh~b~s ~u from a~endi _ in the pubflc headng ) You may fax it to ~e numbdr I~ted at the bottom, mail ~t Planning and Development Depa~ ~/ . Denton, Texas 76201 lu u~ JJ ~/I The zoning process Includes ~ public ~aHngs designed ~ provide op~~z ~n involvement and ~mment Pr or to ~e public healings, landowners within ~o hundr~ (2~) feet of the subJe~ pmpe~y am notified of ~d zoning request by way of this notj~ The flint public hoeing held before the Planmng and Zonin~ Commission The Commission Is Info.ed of ~e pement of responses ~n suppo~ and In opposl~o~ Se~nd, ~e zoning petlbon ~s fo~arded ~ the CI~ ~unc~l for final a~on providing ~e Comml~ioh m~mends approval Should the ~mmlsslon r~mmend demal, the petitioner may then appeal~ the ~uest to the CI~ Council If ownem of mom than ~en~ (20) parent of the land ama ~th~n ~6 hundred (200) feet of the site submit ~ffen op~sR;on, ~en six out of seven votes of the CI~ Councl~ am required ~o approve the zoning change Thee fo~s are used to calculate fha parentage of ~eedowner opposition Please circle one In favor of r~uest Neutral to request Commen~: PHnt~ Ne~ Mailing Address I II R,II Telepho~ Numar ~0 -- ~4 -- ~ J~ CI~ OF DENTON. T~S c~ ~L WE~ · DENTON ~S ~ez0s TO Mayor and City Council At least three outstanding elements made themselves clear in the Council meeting of Tuesday, October 24, 2000 They were glanngly clear to me and I am~ were aware of them, also 1 The people in the affected area are fiercely united in their w~pF~ alone (Of course, such united neighborhood actions in the ~~z.~'.~ocvtzln~o~,~A,..~.~.~~~ met with city management and council counteractions so your re ,Wl~ be a surprise ) 2 It should have been very clear to you that appointed or hired city personnel were very poorly prepared for the evening This poor preparation extended to the City Attorney and only the city manager and one woman attorney seemed at all prepared for the situation 3 The newly appointed Assistant City Manager must go He intends to ride roughshod over thls city and insists on getting his way His bombastic comment about how he (they) had urged, cajoled and pressed the citizenry to talk about the "Plan" m various meetings was absolutely unealled for If he had better prepared the meetings and ffhe listened with even half an ear to what was suggested we would have a better-supported "Plan" I attended or attempted to attend many meetings In meeting Number 1 we were furnished beforehand wtth about eighteen pages of items that I faithfully reviewed and annotated I was assaulted at the door with the assemon that we weren't going to discuss that I suspect that he reahzed that we weren't nearly ready to discuss Items but it would have been nice if he reahzed that days ahead of tame I walked out At another meeting m the same hlgh school, an the dead heat of summer there was no front door open I and dozens of others walked around the bmldlng trying to find an open door I, together with many, many others, gave up At the last, or one of the last meetings m the Visual Arts building, the Asst City Manager decided to postpone the meeting until later I crossed out my name (tbard on the list) and went home Meetings should begin on time At the only meeting of substance I knew ofm a grammar school east of#288 there was substantial elt~zan mput by a substantial number of citizens I suspect that management got too much input for their hkmg at that meeting As a result of his management the "Plan" is bas and not the citizens' plan His actions assure the citizens that this city as run by city hall (with the able assistance of the Chamber) and notbang we believe or say wall make the slightest difference 52 NOTICE OF PUBLIC HEAR'r'N , Z-00-021 (us 37711-35 W Zoning) & A-'102 (US 377/I-35W .Annexat,on.) The Planning and Zoning Commission of the C~ty of Denton w~ll hold a pubhc hearing on Wednesday, November 8, 2000 to consider making a recommendahon to City Council regarding the proposed annexation and zoning to an Agricultural (A) zoning district of approximately 1,711 acres generally in the southwest section of the c~ty between US H~ghway 377 and Interstate H~ghway 35 West, as shown shaded tn the enclosed map The pubhc headngs will start at 6 p m ~n the C~ty Council Chambers of C~ty Hall located at 215 E McKlnney Street, Denton, Texas Because you own property w/thin the proposed annexabon area or within two hundred (200) feet of the subject property, the City Council would like to hear how you feel about this annexabon and zonlncl chanae reouest and invites you to attend the public heanngs Pubhc heanngs are designed to prowde opportunities for citizen involvement and comment In order for your oplmon to be taken into account, please return the enclosed form w~th your comments prior to the date of the pubhc heanng (This in no way prohibits you from attending and participating in the public heanng ) You may fax it to the number located at the bottom, ma~l ~t to the address below, or drop it off in-person Planning and Development Department 221 N Elm ST Denton, Texas 76201 Attn. Marcy Ratcllff, Development Review Manager The zoning process includes two public heanngs designed to prowde opportumbes for c~t~zen involvement and comment Prior to the pubhc hearings, landowners w~th~n two hundred (200) feet of the subject property are not~fied of the zoning request by way of this nohce The first public heanng ~s held before the Planning and Zoning Commission The Comm~ssion is informed of the percent of responses m support and In opposition Second, the zoning pebt~on is forwarded to the C~ty Council for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area w~thln two hundred (200) feet of the s~te submit written opposition, then six out of seven votes of the CIty Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one ~ In favor of request Neutral to request Comments' Signature , Telephone Number ¢~ ~ ~- ~¢ ~ ,,, ........ Physl~l Address of Pmpe~y within 200 feet CI~OFDE~TON, T~AS CI~ HALL WEST · DENTON, T~S 76201 · 9403498350 · (F) 940 ~9 7707 53 NOTICE OF PUBL'rC HEARING Z-00-021 (us 377/~-35 W Zon,ng) & A-102 (us 37711-35w Annexat,on.) The Plannlng and Zoning Commission of the C~ty of Denton will hold a pubhc hearing on Wednesday, November 8, 2000 to consider making a recommendabon to City Council regarding the proposed annexation and zoning to an Agricultural (A) zoning district of approximately 1,711 acres generally in the southwest section of the c~ty between US H~ghway 377 and Interstate H~ghway 35 West, as shown shaded in the enclosed map The pubhc hearings will start at 6 p m in the C~ty Council Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property within the proposed annexation area or within two hundred (200) feet of the subject property, the C/ty Council would hke to hear how you feel about this anhexation and zonincl chanoe request and inwtes you to attend the public heanngs Pubhc hearings are designed to provide opportunities for cibzen Involvement and comment In order for your opimon to be taken Into account, please return the enclosed form Wzt_h your comments pnor to the date of the pubhc hearing (This In no way prohibits you from atte~/-'~,~7~7:~'~i~i~O ~j~ ~ubl,c heanng ) You may fax it to the number located at the bottom, ma~t~~l~ ~t off in-person I1~(I ~,n,, _ ,, .... ~llJ Planning and Development Department ,,u 221 N EImST JUUL._. Denton, Texas 76201 L' '~.'.',,......_,.,.L~?.,~ uI:VELOPMENT Attn Marcy Ratcliff, Development Rev,.w The zoning process includes two public hearings designed to provide opportumtles for c~bzen involvement and comment Prior to the pubhc hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this not,ce The first pubhc heanng ~s held before the Planning and Zoning Commission The Commission ~s informed of the percent of responses ~n support and In opposition Second, the zoning pebbon is forwarded to the C~ty Councd for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then srx out of seven votes of the City Council are required to approve the zomng change These forms are used to calclgate the percentage of landowner opposition Please circle one In favor of request Neutral to request ~to request ~"~ PrtntedName. - /~l MallingAddro~s ,~./'._~ ~(~j<', c::~(::} State Z,p A Te,ephone u ber ' ! ' Physical Address of Property within 200 feet '? (~ ~ (:~ .~"~ ~. I ~ ~ ~ ~ ~_ Cl~ OF DENTON, T~S ClW HALL WEST · DENTON, T~S 7S201 · g40 ~g 83S0 · (F) g40 349 7707 NOTICE OF PUBLIC HEARIN Z-00-021 (us 377/I-35 w Zoning) & A-102 (us 377/I.35w Annexation.) The Planning and Zoning Commission of the C~ty of Denton wdl hold a pubhc heanng on Wednesday, November 8, 2000 to consider making a recommendabon to City Council regarding the proposed annexation and zoning to an Agricultural (A) zoning dlstrlct of approximately 1,711 acres generally In the southwest section of the city between US H~ghway 377 and Interstate H~ghway 35 West, as shown shaded In the enclosed map The pubhc heanngs will start at 6 p m in the C~ty Council Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own property w/thin the proposed annexation area or w/thin two hundred (200) feet of the sub. lect property, the C~ty Council would #ke to hear how you feel about th~s annexation and zoning chan~_ e request and ~nvites you to attend the pub#c heanngs Pubhc hearings are designed to provide opportunities for clbzen involvement and comment In order for your oplmon to be taken into account, please return the enclosed form w~th your comments prior to the date of the public heanng (This ~n no way prohibits you from attending and part~c/pating ~n the public hearing ) You may fax it to the number located at the bottom, mad ~t to the address below, or drop ~t off in-person Plannlng and Development Department 22'1 N Elm ST Denton, Texas 76201 Attn Marcy Ratcllff, Development Review Manager The zoning process Includes two public heanngs designed to prowde opportun~bes for c~bzen ~nvolvement and comment Prior to the pubhc hearings, landowners w~thm two hundred (200) feet of the subject property are notified of the zoning request by way of this notme The first public hearing ~s held before the Planning and Zoning Commission The Commission is reformed of the percent of responses In support and In opposlbon Second, the zoning pebtlon is forwarded to the City Council for final acbon providing the Commission recommends approval Should the Commission recommend den~al, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the s~te submit written opposlbon, then s~x out of seven votes of the C~ty Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one In favor of request Neutral to request Opposed to request Comments, Printed Name Mail,ng Address City, State Z~p ..~.Xc',.~,//_~ Telephone Number" ~',,~...~ Physical Address of Property within 200 feet ClTY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 55 NOTICE OF PUBLIC HEARIN6 Z-00-021 (us 377/I-35 W Zon,ng) & A-102 (us 377/I.35w Annexation.) The Planning and Zonlng Commission of the City of Denton wdl hold a pubhc heanng on Wednesday, November 8, 2000 to consider making a recommendabon to C~ty Council regarding the proposed annexation and zoning to an Agricultural (A) zoning district of approximately 1,711 acres generally in the southwest section of the c~ty between US H~ghway 377 and Interstate H~ghway 35 West, as shown shaded in the enclosed map The public heanngs will start at 6 p m in the C~ty Councd Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w/thin the proposed annexation area or within two hundred (200) feet of the subject properly, the City Council would hke to hear how you feel about th/s annexation and zon/no chanae reauest and mwtes you to attend the public heanngs Pubhc heanngs are designed to prowde opportumfies for cR~zen ~nvolvement and comment In order for your opinion to be taken into account, please return the enclosed form w~th your comments pnor to the date of the pubhc hearing (This in no way prohibits you from attending and participating m the public hearing ) You may fax it to the number located at the bottom, mad it to the address below, or drop ~t off in-person Planning and Development Department 221 N Elm ST Denton, Texas 76201 Attn' Marcy Ratcliff, Development Review Manager The zoning process includes two public hearings demgned to prowde opportunibes for c~bzen ~nvolvement and comment Pnor to the pubhc heanngs, landowners within two hundred (200) feet of the subject property are not~fied of the zoning request by way of th~s not,ce The first public heanng ~s held before the Planmng and Zoning Commismon The Commlsmon is informed of the percent of responses In support and In opposition Second, the zoning pebtion is forwarded to the C~ty Councd for final acbon providing the Comm~smon recommends approval Should the Comm~ssion recommend denial, the petitioner may then appeal the request to the Csty Councd If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit wntten opposition, then s~x out of seven votes of the C~ty Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one .... -' In favor of request Neutral to request ( Opposed to request~......~ Comments Signature ~.~/..~4_ ~--~ .~2j~ ~[x"~L ~ I I .... /~' ' -/"] ~ - ~ ' %7,, // ~ PLANNING & ubv~.LOPivJENT ~nmea Name, x/ ! / .. I IJ,,~'~J.J .)4::',~,. J..,' ~,~ Mailing Address .-~ ~, ~ 5~./ [/~, C,ty, State Zip -.~F~r~///.~ ~ Telephone Number L/ _~<~ ,~ 7,-.~ .~ (~ _ _ Physical Address of Property within 200 feet- ' ClTY OF DENTON, TEXAS ClTY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 56 NOTICE OF PUBLIC HEARIN6 Z-00-021 (us 37711-35 w Zoning) & A-102 (us 37711.35w Annexation) The Planning and Zoning Commission of the C~ty of Denton w~ll hold a pubhc heanng on Wednesday, November 8, 2000 to consider making a recommendation to City Council regarding the proposed annexation and zoning to an Agricultural (A) zoning district of approximately 1,711 acres generally In the southwest section of the city between US H~ghway 377 and Interstate H~ghway 35 West, as shown shaded In the enclosed map The pubhc hearings will start at 6 p m in the C~ty Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w/thin the proposed annexation area or within two hundred (200) feet of the subject property, the C~ty Counc# would #ke to hear how you feel about th/s annexation and zonino chan(~e reouest and inwtes you to attend the public hearings Pubhc heanngs are designed to provide opportunrbes for citizen involvement and comment In order for your opinion to be taken into account, please return the enclosed form w~th your comments prior to the date of the pubhc hearing (Th~s ~n no way prohibits you from attending and participating/n the public heanng ) You may fax it to the number located at the bottom, mad ~t to the address below, or drop ~t off in-person Planning and Development Department 221 N Elm ST Denton, Texas 76201 Attn Marcy Ratcllff, Development Review Manager The zoning process includes two pubhc hearings designed to prowde opportumbes for cibzen involvement and comment Pnor to the pubhc hearings, landowners w~thin two hundred (200) feet of the subject property are notified of the zoning request by way of th~s notice The first pubhc heanng ~s held before the Planning and Zoning Commission The Commission is informed of the percent of responses In Support and In opposition Second, the zoning pet~bon is forwarded to the City Councd for final action providing the Commission recommends approval Should the Commission recommend demal, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the s~te submit wntten opposibon, then s~x out of seven votes of the City Council are required to approve the zomng change These forms are used to calculate the percentage of landowner opposition Please circle one Opposed to In favor of request Neutral to request Comments Physical Address of Property within 200 feet ~'~ ClTY OF DENTON, TE,~A$ ClTY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F) 940 349 7707 57, NOTICE OF PUBLIC HEARING Z-00-021 (us 37711.35 w Zoning) & A-102 (us 377/I.35w Annexation] The Planning and Zoning Commission of the City of Denton will hold a pubhc heanng on Wednesday, November 8, 2000 to consider making a recommendabon to City Council regarding the proposed annexation and zoning to an Agricultural (A) zoning district of approximately 1,711 acres generally In the southwest secbon of the c~ty between US H~ghway 377 and Interstate H~ghway 35 West, as shown shaded ~n the enclosed map The pubhc hearings w~ll start at 6 p m ~n the C~ty Counc~ Chambers of C~ty Hall located at 215 E McKmney Street, Denton, Texas Because you own property w~thln the proposed annexation area or within two hundred (200) feet of the subject properly, the Clty Counc# would I/ke to hear how you feel about thls annexation alld zon/nq chanae reouest and ¢nvites you to attend the public heanngs Public heanngs are designed to prowde opportunities for c~tizen involvement and comment In order for your opinion to be taken into account, please return the enclosed form w~th your comments prior to the date of the pubhc heanng (This m no way prohibits you from atiendmg and participating in the publlc heanng ) You may fax ~t to the number located at the bottom, mail it to the address below, or drop ~t off in-person Plannlng and Development Department 221 N Elm ST Denton, Texas 76201 Attn' Marcy Ratcllff, Development Review Manager The zoning process includes two public heanngs designed to provide opportunities for cibzen ~nvolvement and comment Prior to the public hearings, landowners within two hundred (200) feet of the subject property are not~fied of the zoning request by way of th~s nohce The first pubhc hearing is held before the Planning and Zoning Commission The Commission is ~nformed of the percent of responses in support and in opposition Second, the zoning pebbon is forwarded to the City Council for final action providing the Commission recommends approval Should the Commission recommend denial, the pebtioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area w~thm two hundred (200) feet of the site submit wntten opposlt~on, then six out of seven votes of the City Council are required to approve the zomng change These forms are used to calculate the percentage of landowner opposition In,favor of request Neutral to request ~~.~/Opposed to request Comments Physical Address of Property within 200 feet p~ AlUl~pJn ~ n~t/cl n.~UT I ClTY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 9403498350 , (F)9403497707 58 N:OTTCE OF PUBLIC HEARING Z-00-021 (us 377/i.35 w Zoning) & A-102 (us 377/I.35w Annexation) The PlannlngI and Zoning Commission of the C~ty of Denton will hold a pubhc heanng on Wednesday, November 8, 2000 to consider making a recommendabon to C~ty Councd regarding the proposed annexation and zonlng to an Agricultural (A) zoning dlstrlct of approximately 1,711 acres generally Jn the southwest section of the c~ty between US H~ghway 377 and Interstate H~ghway 35 West, as shown shaded In the enclosed map The pubhc hearings will start at 6 p m in the CRy Councd Chambers of C~ty Hall located at 215 E McKinney Street. Denton, Texas Because you own property within the proposed annexabon area or within two hundred (200) feet of the subject property, the Ctty Councd would hke to hear how you feel about thts annexation and zonlna change r~quest and Invites you to attend the public heanngs Pubhc heanngs are designed to provide opportunlbes for c~tlzen ~nvolvement and comment In order for your opinion to be taken into account, please return the enclosed form with your comments prior to the date of the pubhc heanng (This tn no way prohtbits you from attending and parttcipatmg ,n the pubhc heanng ) You may fax It to the number located at the bottom, mad ~t to the address below, or drop it off in-person Planning and Development Department 221 N Elm ST Denton, Texas 76201 Attn Marcy Ratcllff, Development Review Manager The zoning process Includes two public heanngs designed to provide opportumties for citizen involvement and comment Prior to the pubhc hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this not, ce The first pubhc heanng held before the Planning and Zoning Commission The Commission is informed of the percent of responses ~n support and In opposition Second, the zoning pebtlon is forwarded to the City Council for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appea the request to the C~ty Councd If owners of more than twenty (20) percent oflthe land area within two hundred (200) feet of the site submit written opposition, then slx out of seven votes of the City Council are required to approve the zomng change These forms are used to calculate the percentage of landowner opposition Please circle one in favor of request Neutral to request L~Pp°sed to req~ Comments' PrlntedName I~ Pa~k=~ ~h J ~okJ~ MalhngAddre~ ~E~ ~.~ ~ ~ ~ ~/ ~/~ C~ty, State Z~p; ~ ~ I 5 ~r Telephone Number ~ ~4ol ~ Phy*l~l Addre,, of Prope.y within 200 feet - - - ~1111 NOV o CI~ OF DENTON, TE~S CI~ HALL WEST · DENTON, T~S 7621 U~40-R4~-RRSO 59. 11-0~-2~ 10 ~M FROM LEWlSVILLE INT SRVC 9?2 219 3S33 P 1 TO Marcy Ratchff Development Rexaew Manager/ 970 Brash Creek Rd Argyle, Texas 76226 (940) 320-1700 Please enter my oppomtion to annexation A-102 No benefit tO me will come of this act]on I curre~fly have ~e protect]on from the Argyle F~re Dept, pohce protect]on from the Denton County Sheriffs office, water from the Argyle Water Supply, and I am on a septm system You will not be cormectmg me to the sewer system and I truly don't care ff flxe rode of the cars and engines reflect a Denton Chty st]ckea I can't afford you and my quahty ofhfe will not be increased as a result of flus acuon I am defimtely opposed to thts armexat]on NOV 0 2 2000 PLANNING & DEVELOPMENT 60. tl-02--2~3G0 1~ OAAM FROM LEWISVILLE INT SRVC 972 219 3533 P 2 NO CE OF PUBLIC HEARIN Z-00-021 (us 37711-35 W Zonina) & A-102 (us 37711 5w Annexation) The Planning and Zoning Commission of ~e C~ty of Denton wdl hold a publm heanng on Wednesday, Novem~r 8. 2000 to ~nslder making a recommendation to C~ Coun~l regarding the proposed annexation and zoning to an AgricuRuml (A) zoning distrl~ of appro~mately 1,711 acres generally In the southwest so. Ion ~ the ~ baleen US Highway 377 and Interstate H~ghway 35 We~, as eh~n shaded in the enclos~ map ~e pubhc heanngs will staH at 6 p m m t~ C~ ~uncll Chambe~ of C~ Hall lo.ted at 215 E Mc~nney Street, Denton, Texas Because ~u own prope~ w~thin the proposed annexation area or w~h~n ~o hundmd (200) feet of the subject prope~y, the C~ty Counc# would Ilks to hear how you fee/ about this annexation and zonin~ chelae ~uest end ~nvltes you to a~end the pub#c heanngs Pubhc headngs are d~gned to provide oppo~unRles for citizen involvement and comment In o~er for your oplmon to be taken rote a~unt, please fearn the enclosed form w~th your commen~ pnor to the date of the pubhc hearing (~/s ~n no ~y p~hib~s you ~om a~endm~ ~n~~' ~'*'~'~ ..... *~ ....~"~ Planning and Development Depa~ment NOV 0 Z 20 0 ~1 N Elm ST De.on, T~ 76201 A~n. Marcy Ratcliff, Development Review Man BE~NNtNG & DEVELOPMENT The zoning process includes ~o publm hearings designed to prowde op~unib~ for 'c~zen InvoNement and ~mment, Pnor to ~e public healings, lando~ers w~in ~o hundred (200) feet of · e subje~ pmpe~ am n~fled of the ~mng request by ~y of held before the Planning and Zoning ~mm~ss~on The ~mm~ssion ~s info. ed of the per.at of responses m suppo~ and m oppostt~on Se~nd, ~e zoning pet~bon ;s fo~arded to ~e CI~ Count; for final a~;on providing ~e ~mmmsion m~mme~s approval Should the ~mmisslon re~mmend demal, the peffi;oner may ~en appeal ~e request ~ the C~ ~undl If ownem of mom than ~enty (20) per~nt of the land area w~thin ~o hundred (200)feet of the s~te submit wr~en op~s~on. ~en six out of seven votes of the C;~ Coun~l are r~u;md ~ approve the zoning c~nge These forms are u~d to calculate the parentage of landowner oppos~;on Please cl~le one: In favor of mque~ Neural to requ~t Co~en~: S~gnat~ ,, Maihng ~dm~ Cl.,State ZIp ~/~-- _~ ~ ~~ Telep~ne Number ~ - ~ -- Phys~l ~dmss of Pmpe~ within 200 feet ~ C~ O~ ~ON~ T~$ CI~ H~ ~ - DENTON T~S 76201 · ~0 ~9 8~ - (F) g40 ~g 7707 61 NOTI'CE OF PUBL:I:C HEAI I'N Z.00-021 (us 37711-35 W Zoning) & A-102 (us 377/I-35w Annexation) The Planning and Zoning Commission of the C~ty of Denton w~ll hold a public heanng on Wednesday, November 8, 2000 to consider making a recommendahon to C~ty Council regarding the proposed annexation and zoning to an Agricultural (A) zoning district of approximately 1,711 acres generally In the southwest section of the city between US H~ghway 377 and Interstate H~ghway 35 West, as shown shaded in the enclosed map The pubhc hearings w~ll start at 6 p m in the City Council Chambers of C~ty Hall located at 215 E McKmney Street, Denton, Texas Because you own property wrthln the proposed annexatlon area or within two hundred (200) feet of the subject property, the C/ty Council would I/ke to hear how you feel about th/s annexation and zonino chance reouest and invites you to attend the public heanngs Pubhc heanngs are designed to prowde opportunities for c~bzen involvement and comment In order for your opinion to be taken into account, please return the enclosed form w~th your comments prior to the date of the public hearing (This in no way prohibits you from attending and participating m the pubflc heanng ) You may fax ~t to the number located at the bottom, ma~l ~t to the address below, or drop ~t off in-person Planning and Development Department 221 N Elm ST Denton, Texas 76201 Attn Marcy Ratcllff, Development Review Manager The zoning process includes two public hearings designed to provide opportumbes for c~t~zen involvement and comment Pnor to the public hearings, landowners w~th~n two hundred (200) feet of the subject property are not,tied of the zoning request by way of this not~ce The first public heanng ~s held before the Planning and Zoning Commission The Commission Is informed of the percent of responses in support and in opposlt~on Second, the zoning petition is forwarded to the C~ty Council for final acbon providing the Commission recommends approval Should the Commission recommend demal, the pebtioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the s~te submit wntten opposition, then s~x out of seven votes of the C~ty Council are required to approve the zomng change These forms are used to calculate the percentage of landowner opposition Please circle one In favor of request Neutral to request ~.~._Opposed to reques~ Comments. , ~. Signature ~,~:~ c~~ ['~ (~ [~ B ~ ~[~"~ Printed Name '~/~ 7- .Z~--W4-,'/ I ))1 ' III II Ms,,,ng^ddres6 Ikll 0 S 000 Illll C~ty, State Zip /~,~Y.g ~ , ~7~X U~l I[:J Telephone Number {"~"f~) ,.~'~- ~/~ x'-/ . HLANNINu ~, DEVF-LOPiviENT Physical Address of Propertyw~thln 200 feet }/:~ r~/Z~ A/. ~,~J ~'~,v~/m /3~/~ g ClTY OF DENTON, TEXAS ClTY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 62 NOTI'CE OF PUBL:I:C HEARZ:N-G Z.00-021 (us 377/I-35 W Zoning) & A-102 (us 377/I.35w Annexation.) The Planning and Zoning Commission of the C~ty of Denton w~ll hold a pubhc heanng on Wednesday, November 8, 2000 to consider making a recommendabon to C~ty Council regarding the proposed annexation and zoning to an Agricultural (A) zoning district of approximately 1,711 acres generally In the southwest section of the c~ty between US H~ghway 377 and Interstate H~ghway 35 West, as shown shaded In the enclosed map The pubhc heanngs will start at 6 p m in the C~ty Council Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property within the proposed annexatlon area or w~thin two hundred (200) feet of the subject property, the C~ty Council would #ke to hear how you feel about thts annexabon and zon~no chanoe reouest and ~nwtes you to attend the public heanngs Pubhc heanngs are designed to prowde opportunibes for c~t~zen involvement and comment In order for your opinion to be taken into account, please return the enclosed form w~th your comments prior to the date of the pubhc hearing (This m no way proh~brts you from attending and participatlng m the public hearing ) You may fax it to the number located at the bottom, mall it to the address below, or drop ~t off in-person Planning and Development Department 221 N Elm ST Denton, Texas 76201 Attn' Marcy Ratcllff, Development Review Manager The zoning ,process Includes two public heanngs designed to prowde opportunibes for c~bzen involvement and comment Prior to the public hearings, landowners wlthln two hundred (200) feet of the subject p~operty are notified of the zoning request by way of this not,ce The first public hearing ~s held before the Planning and Zoning Commission The Commission is informed of the percent of responses In support and In opposition Second, the zomng petition is forwarded to the City Council for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) pement of the land area within two hundred (200) feet of the site submit written opposition, then s~x out of seven votes of the City Council are requtred to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one ~of reqUest/} Neutral to request Opposed to request Comments'-'------ ~. ~uuu IIIJ ~/ ,,"~, Signature ......... Printed Nam® '..~,~ ~?' (~.~/~.~'t" Malhng Address ~. ,~.g'~F"'~' city state Zip Te.ephone Number' - Physical Address of Property within 200 feet CITY OF DENTON, TEXAS ClTY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)940349 7707 63 NOTICE OF PUBLIC HEARING Z-00.021 (US 37711-3S W Zonina) & A-102 (us 37711-35W uAnnexatio~n) The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, November 8, 2000 to consider making a recommendation to City Council regarding the proposed annexation and zoning to an Agricultural (A} zonlng district of approximately 1,711 acres generally In the southwest section of the city between US Highway 377 and Interstate Highway 35 West as shown shaded In the enclosed map The pubhc hearings will start at 6 p m In the City Council Chambers of City Hall located at 215 E McK~nney Street, Oenton, Texas Because you own property within the proposed annexation area or within two hundred (200) feet of the subject property, the City Council would like to hear how you feel about this annexation and zonlno chenoe reauest and Invites you to attend the public hearings. Public hearings ara designed to provide opportunities for citizen Involvement and comment In order for your opinion to be taken Into account, please return the enclosed form with your comments prior to the date hearing ) You may fax it to the number located at the bottom, mall It to ti' in-person Planning end Development Department 221 N Elm ST Denton, Texas 76201 Attn: Marcy Ratcllff, Development Review M; ~e~NING & DEVEL The zoning process includes two public hearings designed to provide opportunities for ~tlzen ,nvolvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice The first public hearing is held before the Planning and Zoning Commission The Commmslon Is Informed of the percent of responses ~n support and In opposition Second, the zoning petition Is forwarded to the City Council for final acUon providing the Commlss~on recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the City Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then slx out of seven votes of the City Council are required to approve the zomng change These forms are used to cslculete the percentage of landowner opposition. Please circle one Iff favor of request Neutral to request Com_.m~ents: ~,,~--s ' - Signature . , ~ ~,~'//--,ti __.. . Mailing Address ~..~--~1~ ~ City, State Zip .... Telephone Number' ..... ~ .... ~. t Physlc~/kd4~e~, of Property ..~ CITY OF DENTON, TEXAS ClTYHALLWEgT · DENTON, TEXAS 76201 · 940349.e~S0 - (F)S40349770~ 64 NORTH A-102 (US 37711-$5W Annexation) 7-.00.021 (US 37711-35W Zone Change Request) 200'-500' NOTICE MAP PLANNING & DEVELOPMENT 11/o6/2oo0 17 $2 FAX 9403810331 Tt~bbs FaX ~001 NO'I' CE OF PUBLIC HEARIN Z-00-021 (US 37711.35 W Zonina) & A-102 (us 37711-35w Annexation) The Ptanrllllg and Zonthg Commission of the City o1 Denton wdl hold a public heanng on Wednesday. November 8, 2000 to consider making a recommendation to City Council regarding the proposed almexatlon and zoning to an Agricultural (Al zoning district of approximately 1,711 acres generally m the southwest section of the cr[y between US Highway 377 and Intemtate H~ghway 35 West, as shown shaded m the enclosed map The public heanngs will start at 6 p m In the City Council Chambers of C~ty Hall located at 215 E McKlnney Street, Denton, Texas Because you own property within the proposed annexabon area or w/thtn two hundred (200) feet of the subject property, the Cr~y Counc# would like to hear how you feel ab~ut th~s ant1exati~n ~nd z~n~n~ ~han~e re~ue~t~ and ~nwtes y~u t~ a~tend the pub~c heanngs Pubhc hearings are designed to provide opportunities for at[zen involvement and comment In order for your opinion to be,taken Into account, please return the enclosed form w~h your comments pnor to the date of the public hearing (This in no way prohibits you from attending and parttc/pat/ng in the public - -hearmg-)--Y-ol3-may fa~"/t'to' G~ .ui.b~f located at the bottom, mall-ff to the-address betow;-or-drop rboff -- m-person Planning and Development Department 221 N Elm ST Denton. Texas 76201 Attn: Maroy Ratc31ff, Development Revtew Manager The zoning process includes two public hearings designed to provide opportunibes for citizen Involvement and comment Pnor to the public heanngs, landowners within two hundred (200) feet of the subJeCt property are notified of the zoning request by way of this not/ce The first public heanng is held before the Planning and Zoning Commi~lon The Commission Is Informed of the percent of responses in support and in opposition Second, the zoning petition Is forwarded to the C~ty Council for final action prowdlng the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the City Council If owners of more than twenty (20) percent of the land area w~hm two hundred (200) f~et of the site submit wntten opposrbon, then six out of seven votes of the City Council are required to approve the zoning change The~e forms are used to calculate tire per. entailS of landowner opposition. Pleaae circle one' In favor of request Neutral to request ~.. Opposed to request Cam.mean. ts: ,-~.. -- .... --~___:r---~'/ ,. MailingAddra.s ~.~ "~ '~,C"~. II~I IL~/ C~, State 7,p ~T'~ t~. "~-',~ "7 (~- ~-~ PLANNING & DEVELOPMENT Telephone Number r-~ ~-( o -'~'~l - Physical Address of Property within 200 feet (o ~, L-'~ -~:K~'~'. CIT~ OF DENTON, TFJO~$ C~TY HALL WEST o D~NTON,?EXA~ 76201 · e403498350 - (F) 940.349 7707 66 NOTTCE OF PUBL]:C HEAR'I;NE, Z-00-021 (us 377/I-35 W Zoning) & A-102 (us 377/I.35w Annexation) The Planning and Zoning Commission of the City of Denton w~ll hold a public heanng on Wednesday, November 8, 2000 to consider making a recommendabon to C~ty Council regarding the proposed annexation and zoning to an Agricultural (A) zoning district of approximately 1,711 acres generally In the southwest section of the city between US H~ghway 377 and Interstate H~ghway 35 West, as shown shaded ~n the enclosed map The public heanngs will start at 6 p m in the C~ty Council Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property w~thm the proposed annexation area or within two hundred (200) feet of the subJeCt property, the C~ty Counc# would like to hear how you feel about this annexation and zoning chancre reauest end ~nv/tes you to attend the public heanngs Pubhc heanngs are dbsigned to provide opportunlbes for c~bzen ~nvolvement and comment In order for your opimon to be taken Into account, please return the enclosed form w~th your comments prior to the date of the pubhc hearing (This m no way prohibits you from attending and parbc/pat~ng ~n the public hearing ) You may fax it to the number located at the bottom, mail it to th,' "'~ ~ .... k~,,,, nr ,,*,IrAn It nfl PlanningDenton, and221 Development NTexas Elm ST 76201 Department Attn' Marcy Ratcllff, Development Review MaE r The zoning process includes two pubhc hearings designed to pro,J involvement and comment Pnor to the pubhc heanngs, landowners w~thm two hundred (200) feet of the subject property are notified of the zoning request by way of this not~ce The first pubhc heanng ~s held before the Planning and Zoning Commission The Commission ~s informed of the percent of responses in support and In opposibon Second, the zoning pet~bon ~s forwarded to the C~ty Council for final action providing the Commission recommends approval Should the Comm~ssion recommend demal, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit wntten opposlbon, then s~x out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one ~_~.~ r~quest~..~ In favor of request Neutral to request ~,. ~ed to' Malhng Address ~,~3 ~~ , City, State Zip Telephone Number ??~ -~/ Physl~lAddmssofPmpe~ywlthln 200feet ~77 E, ~¢ CITY OF DENTON, TEXAS ClTY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 67 NOTICE OF PUBLIC HEARIN6 Z-00-021 (us 377/I-35 w Zon,n§) & A-102 (us 377/I-35w Annexation) The Planning and Zoning Commission of the C~ty of Denton w~ll hold a pubhc heanng on Wednesday, November 8, 2000 to consider making a recommendation to C~ty Council regarding the proposed annexation and zoning to an Agricultural (A) zoning district of approximately 1,711 acres generally in the southwest section of the c~ty between US H~ghway 377 and Interstate H~ghway 35 West, as shown shaded in the enclosed map The pubhc heanngs will start at 6 p m ~n the C~ty Council Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w;th;n the proposed annexabon area or w;thln two hundred (200) feet of the subject property, the C;ty Council would I/ke to hear how you feel about this annexation and zoninq change reouest and ;nwtes you to attend the public heanngs Pubhc hearings are designed to prowde opportunities for c~bzen ~nvolvement and comment In order for your opinion to be taken ~nto account, please return the enclosed form w~th your comments prior to the date of the public hearing (Th/s m no way prohibits you from attending and ~arbc/pat~ng m the pubflc heanng ) You may fax it to the number located at the bottom, mall ii. to the! ~ ~000 [~ In-person Planning and Development Department 221 N Elm ST NOV 0 ? Denton, Texas 76201 At'tn Marcy Ratcllff, Development Review Mar I~'NNING & DEVELOPMENT The zoning process ~ncludes two public heanngs designed to pro~ ~.~ ,~ppo;;u.;;;~o ;',,i ,.,;.,~,, ~nvolvement and comment Prior to the public hearings, landowners within two hundred (200) feet of the subJect property am not~fied of the zoning request by way of th~s nobce The first public heanng is held before the Planning and Zoning Commission The Commission is Informed of the percent of responses ~n support and ~n opposition Second, the zoning pebbon is forwarded to the City Council for final acbon providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written oppos~bon, then s~x out of seven votes of the City Council am required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one in favor of request . Neutral.to request ~ . ~Jomments ~.:,~'~ ~--~,~f0 ~.i.~,.,~ ~ 7f~-~., ~c/,'-,~lF~--~ ~ Signature ~ ~ ~ ~J _~C~_~_-~ ~ ("~- .~/~-~--) Printed Name~/' ~v_J~,;- E, /-/~;v~.fl "~; ~ ~.~)~.;J Malhng Address ,.~IEJ' ~, ~,~,~' City, State Zip .~-~e,~ ~ '~'X 7~;~ 7 Telephone Number 5'~'o - ~.~ Physjcal Address of Property wlth~n 200 feet $1~l& ~, Eon,.. ~-,,,.~ .7)¢,,'/~., 'Tx ClTY OF DENTON, TEXAS ClTY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)0403497707 68 iPLANNING & DEVELOPMENT The Planning and Zoning Commission of the City of Denton will hold a pubhc hearing on Wednesday, November 8, 2000 to consider making a recommendabon to City Council regarding the proposed annexation and zoning to an Agricultural (A) zoning district of approximately 1,711 acres generally In the southwest section of the c~ty between US H~ghway 377 and Interstate Highway 35 West, as shown shaded ~n the enclosed map The public hearings will start at 6 p m In the City Council Chambers of Qty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property within the proposed annexabon area or within two hundred (200) feet of the subject property, the Qty Council would tike to hear how you feel about this an~lexat~on and zoninq chanpe reouest and ~nv/tes you to attend the public heanngs Pubhc heanngs are designed to provide opportunities for c~t~zen ~nvolvement and comment In order for your op~mon to be taken into account, please return the enclosed form w~th your comments pnor to the date of the public hearing (This in no way prohibits you from attending and parhclpahng In the public heanng ) You may fax It to the number located at the bottom, mad ~t to the address below, or drop ~t off in-person Planning and Development Department 221 N Elm ST Denton, Texas 76201 Attn' Marcy Ratcllff, Development Review Manager The zoning process includes two public hearings designed to prowde opportumt~es for c~bzen ~nvolvement and comment Pnor to the public heanngs, landowners w~thln two hundred (200) feet of the subject property are notified of the zoning request by way of th~s not~ce The first pubhc heanng ~s held before the Planning and Zoning Commission The Commission ~s informed of the percent of responses in support and ~n opposition Second, the zoning petition ~s forwarded to the Qty Councd for final action providing the Commission recommends approval Should the Commission recommend demal, the petitioner may then appeal the request to the Qty Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the s~te submit written oppos~bon, then s~x out of seven votes of the Qty Council are required to approve the zomng change These forms are used to calculate the percentage of landowner opposition Please circle one in favor of request Neutral to request ~pp°sed to reque~'~) "Signature ~~. g// ,~-~;-~ Pnntad Name PA'r~t,~ /~ . '~,~o~d MaihngAddress ~ ~G~5o~ C,~,State Zip ~LE, ~ Telephone Number ~-- ~-~ Physl~l Address of Prope~ within 200 feet ClTYOPDENTON, TEXAS ClTY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 70 Planning and Zoning Co.,mlss~on Minutes November 8, 2000 Page 3 of 5 ATTACHMENT 3 Tract #1: approximately 1,365 5 acres of land located on the southwestern side of the City of Denton's extraterritorial junsd~ction east of U S H~ghway 377, south of Regency Court on each side of Country Club Road, west of Montec~to along Ryan Road and mostly north of Brush Creek Road Tract #2: apprommately 3 6 acres of land located on the southwestern side of the C~ty of Denton's extreterntorial jurisdiction west of Montec~to, south of El Paseo and east of Santa Monlca X a Hold a pubhc hearing to hear public comments regarding the proposed annexation and proposed zoning to the Agricultural (A) zoning d~stnct regarding the above referenced tracts (Z-00-020, Ryan Road/Country Club Road Zoning, Marcy Ratchff), and b Consider taking action to make a recommendation to C~ty Council regarding the proposed annexation regarding the above referenced tracts, and Motion by Salty Rishel and seconded by Elizabeth Gourdle to recommend approval to C~ty Council *Discussion of item Is included in Court Reporter's transcript attached to this set of minutes (Page 8) Motion c. nrrlA~ 3-2. ( Cnrnrnlsslnn~.rs Holt And MnN~41 vntAd ~n oppn.~lhon.) c Consider and take action to make a recommendabon to C~ty Council regarding the proposed zoning to the Agricultural zomng district regarding the above referenced tracts Motion by Vlcki Holt and seconded by Salty Rlshel to recommend approval to C~ty Council *D~scusslon of item is included in Court Reporter's transcript attached to this set of minutes (Page 8) Motion ~ArrlAR 12 Consider and take action rogardmg an involuntary annexation and service plan for approximately 1,711 acres of land located In the southwestern section of the Clty of Denton extraterritorial jurisdiction (ETJ), for the following tracts (A-102 - US 377/I-35W Annexation, Marcy Ratcllff) Tract #1: approximately 504 acres of land located In the southwestern side of the City of Denton's extraterritorial jurisdiction west of U S H~ghway 377, south of AIIred and adjacent to Johnson Lane Tract #2' approximately 1032 acres of land located In the southwester side of the City of Denton's extraterrltonal jurisdict~on east of Interstate Highway 35 West and west of the Kansas City Southern Railway Company, extending south along Borlnle Brae to the west side of U S Highway 377 Tract #3: approximately 1 7 acres of land located northeast of the intereectlon of Corbln and Bonnle Brae 71 CondensoltTM ~ Page 73 Page 7~- I attempted to annex it slx months pr~'lous, you can't annex I since we're already developed, smcc we already ha.`e henlcs 2 It at that point The C~ty's hands would bc t~ed and 2 on our property, ~t's very unlikely that we would 3 would not bc ablc to annex thc property and apply its 3 redcvclop this for any other purpose 4 zoning regulations to that property So you've got to 4 So, tbereforc, you do not havc to worry about $ look at both sides of thc coin there But I do sympathize 5 mcompatthl¢ uses bcmg dcvcloped m tlus mca And 6 with what thc property owners arc saying It's just that 6 Council last mght bchcved by a vets of 6-I that tha~ .`~a 7 there's anothar sldc to that story, as well 7 a lcgaunato reason for cxcludmg thc, sc areas because thc} 8 Ma HOLT Thaok you 8 felt hke that was onc of thc primary purposes for 9 MR MCNEILL Let mc clarify what I JUSt heard 9 annexing this area was to maintain land use control 10 here Th~s new law docs not apply to tha because for 10 since this property was already developed, there was no' 11 what reason? If the Legislato~ passed that m the last 11 substantial likelihood that tt would redevelop and tile 12 session why does it not apply to this propert30 12 City would be toking a very small risk m that regard 13 MR $NYDI/R Because when the~ passed tho law, 13 MR MORENO I'm not sure ! agree but thanks 14 thay gave a graco pertod of approximately two, two and a 14 for that explanation 15 half years 15 MR MCNE[LL okay Other quest:oos? An) 16 MR. MCIqEILL okay Thank you 16 closing conunenta from staff7 17 MR SNYDEr~ And thero's also some exemptions 17 MS RATCLIFF NO, sir But if you need a 18 that apply tn the statute that we don't ha,, e to get into 18 cough drop, I've got one 19 hero because of the graoe penod, butthercsalsoaome 19 MRMCNEILL okay Verygood Any 20 exemptions In tho statute that c~n. am typ~ of 20 additional discussion or a motion? 21 annexatlons do not have to comply v:~th the aunexatton 21 MR RtSHEL l'dhkotomakoamotren l'd 22 planning process, as w~ll 22 hke to move that v~ recommend to City Council thc 23 MRMCNE[LL lhaveaquestientben Iaea 23 approval of Itom 12Bwiththoex¢luslonofthepropertx 24 no other lights The property that, as Comnusslencr 24 that Is already recommended and also tho property that 25 Rlsbel has alluded to here., south of Allred Road, is that 25 south of Allred Road Page 74 Page 76 I at the current -- all of that south of that that's tbe 1 MR MCNEZLL Ia thoco n second? 2 taupe color there, that section nght tlm~, ~s what's in 2 MR MORENO ! 11 second 3 there right now, essentially, there's no dexelopments in 3 Ma MCNEILL It'S been moved and seconded 4 there, that's all farmland? Are those all farms? 4 that w~ exclude from the proposed annexation all of the 5 MS RATCLIFP FUrmS with fur~OUSes 5 properties south of Allrexl Road. in addition to thc 6 MR MeNER.L That's what I m saying 6 properties that City Council has already recommended not 7 MS RATCLIFF' Yes, sir 7 be included In tho annexation Is there a discussion" Is 8 MR. MCNEILL And has them I~cn any mqumea 8 there a second? Was it seconded? Okay It was seconded 9 from any d~velopers that indicate that there's movement to 9 My mistake Any discussion on that7 Conumsslencr 10 develop anything in that property, in that block of land? 10 Gourdl¢ l 1 MS RATCLIFF rm not awar~ of any on thosu 11 MS OOURDIE Thank you I will not be voting 12 properties 12 for th~s motion the way it's proposed I agr~ vath thc 13 MHMCt~ILL okay Thank you vcry much 13 property to the south of Allicd Iamv~'ycoocernedthat 14 Comnusslon~rs -- Comm~ssioner Moteno 14 we exclude threa pieces of property based on a aH-called 15 Ma MOa~I,~O yeah Help me agam w~th the 15 bmld-out of the property Youstdlhavoscrv~cc~that 16 idea of exulud~ng those areas that haxe alxeady b~n 16 are going to be neaded and I don't know how these httlc 17 d~eloped I don't understand that logac 17 mangles and squares of land, how they will be serviced 18 Ma SRYH~.a ?beCltyCouncd, oneoflh~ 18 inmnesofcmergeaclea Who'sgomgtoplckwha~ctbex 19 primary concerns that they had was x~allatmg d~velopment, 19 go? How do we, not that I'm tr~nng to be exclusionary 20 making sum that our Zoning Code, our now zoning ordinance 20 but if we're going to have certain people pay taxcz for 21 that w~'r~ working on now and our n~w Compv~heasiw Plan 21 use of park land and hbrancs and so forth, how do x~ e 22 vath regard to use would be apphed rote stratego areas 22 toll which penplo arc really In tha L*rJ and have paid for 23 of tbe Cdy, such as tbas area Even though a's m our 23 these services or not paid for these services? 24 L~rJ, it's tn our planning area The ~t that was 24 So I have a real hard tuun saying ccrtom 25 made last night was, well, if that's your main purpose, 25 pimple am subject to not b~n8 annexed, when yet I look PLANNING AND ZONING COMMISSIO? ..... 'EMBER 8, 2000 Page 73 - Page 76 72 ~ CondenseItTM i Page 69! Page 7 I I Council than to the Planmng and Zoning Commission So I MR REICHHART which part'~ 2 yourstackissmallerbutmostofyourresponsesarealso 2 MS HOLT The upper part, all that? 3 negative So I just want to make stu~ the public knows 3 MR REICHHART I don't thank It was 4 that staff has delivered those to you 4 MS HOLT Just that little part down at the 5 MS oouaDm Thank you for clarifying for me 5 bottom 6 MI~ MCNEILL Vei~ good Comnussloaer Rlshal 6 MR REICHHART Yes 7 Ma RISHEL IS there any other property 7 MS HOLT Okay 8 besides that which Is south of AIL'ed Road that was 8 MR REICHHART The other ttungs, if I could 9 previously recommended for annexation that v~ had pulled 9 answer a httle btt further, are that now The Vintage 10 m the last year and a half, about the same umc that flus 10 development has proceeded mto prelumnary platting and 11 was brought before us before? 11 are going forward with thetr final details for getting 12 MR R~ICHHART Yes, there Is property along 12 utilities to that site As with Country Lakes North, are 13 Crawford Road 13 now proceeding with end of final plattrog and bringing 14 MR RISHaL would you point that out? 14 utilities to that site 15 Ma alttCH~.RT It's not on th~s map It's 15 The progrmv, med uttltttes that we have m the 16 farther south 16 area, meettngs that staff has had with developers looking 17 MS I'.ATCLI~F It IS not on this map 17 at thfferent parcels m that area, have really spurred a 18 MR RtSHEL It'S not on flus annexation 18 higher intensity of inquiries in that area for 19 Okay So ~t's not part of th~s 19 development And that's one thing that has drasncally 20 Ma a~ICH~.~.aT correct 20 changed tn the last year and a half 21 Ma als~L okay But everything that's 21 MS HOLT Inquiries9 22 south of Alked Road has previously been before us and we 22 MR REICHHART well, plus the platting 23 have rcc0mmnnded that it be pulled from annexation 23 activity with those two major subdtvislons 24 Ms RATCLtI*F It Was excluded from 24 MS HOLT okay Do we have any provision 25 annexation 25 whatsoever that If your property comes up, that there Page 70 Page 72 1 MR RIe~H£L And I have to tell you, I totally I could be a two-year -- could it just keep conung up and 2 agree with the people that I don't thtnk you should ha~ e 2 conung up and coming up and they would just have to come 3 to come before the Ctty or Plenmng and Zoning on a 3 back? I mean, is fl~re no way that we could help them out 4 regular basis etther to defend what we have already 4 in that way7 5 excluded I think there ought to be some sort of a time 5 MR SNYDF. i~ Tbere IS none in our local 6 moratertum And as we come forth on this, I'm going to 6 erdmauaes In the new annexation statute, once you're 7 put forth a recommendatten that all the property south of 7 requu'ed to do an annexation plan and you attempt to annex 8 Allred Road be excluded from this annexatton 8 a property, I think ~ Is a tune lmm there of you can 9 MR MCNEILL commtsstoner Holt 9 only put your property in a three-year annexation and 10 MS HOLT Exactly why was this property 10 then you cannot annex ~t, I behove., for another three 11 brought up a year and a half later? What's changed'~ 11 years after that ttm~ period That's a new law that was 12 MS RATCLIFF It tS my understanding beeaase 12 passed in the last Lqoslatlve Session that does not apply 13 of the Country Lakes development and because of the 13 to this particular annexation case 14 extenston of the water hne, that we felt that there ~ ould 14 MS ~OL~r when will that go rote effect? 15 be development pressure on these properties and up tn 15 MR SNYD~ There's a grace period in the 16 here 16 statute and I believe it will go line effect January 1, 17 MS HOLT And that has come up since a year 17 2002 But I would hav~ to look at the statute 1 $ and a half ago? 18 specifically to see if I've got those tur~frames correct 19 MS RATCLIFF part of the country Lak~s was 19 Bat let mo pomt out to you why a ttme lmut is not a good 20 part of the annexattona year end a half ago, th~s 20 ~dee You've heard why, from l~Ople why It might be a 21 propertyrtghtmhere Andtktsportlonwasexcludedm 21 goodidea I'll tell you why tt's not a good idee 22 that annexation 22 Because what If, for example, thc C~ty Cotmcil decides to 23 MS HOLT That was excluded? What about that 23 leave these properties out of annexation fills tune around 24 other part? Was that m the proposal a year and a half 24 and lot's say slx months late', the property develops 25 ago? 25 And let's say you had a rule that said that because you PLANNING AND ZONING COMMISSlO} ..... EMBER 8, 2000 Page 69 - Page 72 73 Condens~itTM _ Page 65 Page 6 ! I MR WESTIN I understand that but wa haven't 1 - ti:us is my first time attending a Planning and Zoning 2 finished this one and I just wanted to bnng up the point 2 Commission meeting, but I hope that you have ~t in your 3 for those, people that can't bo for that one 3 power and have exercised the use of turning back or 4 Ms OOUROIE. Thank you, Mr Westin 4 dcleang a property that has been schcdulccl for annexauon 5 MR. MO',IBILL ?hank you very much It should 5 b~, the City I look forward to worlong gqth government 6 b~, in case tho audioncB is not aware, tho P&Z has to 6 and now that I've seen change In my eyes, ~t gives me 7 consider annexation cases and make a recommendation to 7 hop~ Thanks 8 that to the Councfl Solt'snotsomethmgP&Z 8 XlR. MCI~II.t, ~ustamoment Ithinkthcm's 9 originates This originates because ll~ Council is 9 some questions Before I respond to tho hghts, let mc 10 required to hear from P&Z m terms of the.~c cases 10 point out that the P&Z Conumssioners am not elected 11 Is them anyone olso who would hko TO speak 11 ',~ e re appointed by the Councd 12 in opposit~on to th~s proposed annexation and zomng 12 ,,m HOUSTON ay tho Council? 13 change? Anyonupreseatwhowouldhkotospeakm 13 ,,m MGNEILL Yes 14 opposition? 14 xm HOUSTON okay My apologues on that 15 MIL HOUSTON GOOd uvanlng My name ~s Terry 15 MR MCNEILL That's all right Commissioner 16 Houston I live at 4525 Bonng Brae And today is my 16 Gourthe 17 luakydayl~:causoIwasonooftheprepomesthattho 17 '.ts CJOURDIE Thankyou WIllyouplease 18 Council dee~ded not to annex So I feel blessed truly 18 point out which p~ece of property is yours? 19 tonight be, cause I was prepared to, as I had thc last two 19 `'m HOUSTON This would bo 46 20 nights, to express my destres for opposition to what was 20 'as ootmom And if you could toll me from 21 going on, But I felt coml~lled to speak because I was 21 your perspective why you woc~ excluded 22 taught that ~f you am -- you don't get somothng for 22 sm ROUSTOIq WC have -- actually, we're 23 nothing You havo th mako your own way m hfo and you're 23 alnmdydeveloped All of the properties am sold And 24 gems to have trials and tribulations ~n your lifo but 24 the only one that doesn't have a house on ~t' I believe 25 you're also going to have good umes 25 ~s 49 So we also have very strict deed restncUons so Page 66 Page 68 I So it's a halancmg act Ifeelhkowoare I that~fv, ewantodtobu~ldsomotlnng- ifwewantedto 2 angry We are thsappomted Wo ~ oven confused that 2 sub&vide, we're not allowed to I have four acres and 1 3 tlnswastulangplaco Wod~dn'tunderstandit Wewent 3 cantselht Icanonlyhvoth~r~,wlnchlswhatI 4 boforethoCouncll Wo pleaded our cases, asth~opeeplo 4 v, ant.~xl to do in tha first place We'roalsomstnctedas 5 are domg tomght or trymg to do And wo get soma 5 to `'~hat x~ can pot on ~t Imeau, there can't bu swme or 6 results ! can't explain why I was loft out but I'm glad 6 cl~cken, fowl or anything 7 of that I can only hope that I stay out 7 ,,Is OOUlmlE Thank you for your Omo 8 T'ms is a situat~on wher~ I feel ~f I could 8 `'tR. MCNBgLL Thank you very much Is there 9 maha on0 s~ong recommendation it would bo to adopt some 9 and, one else m the audience who would hko to speak in 10 sort of m~asure or wot or whatever it is that if you are l0 opposition? Anyone else in the au&once who would hke to 11 cons~d~n:d for annexation, there should be son~ per~od of 11 speak ~n opposiuon? Ehzaboth Dlerdorf 12 narc that elapses, som~ major change before you're 12 ~,[s OOURDm she left 13 cons~der~dngatn And I stated that last mght ut tha 13 Xm. MCNmt.t.. That's tha last one~ I was Just 14 meetmgbut~tfolloudeafexrs It really -- we're tl~: 14 informed Sorry Is thcre anyone m the authencc who 15 sam~asW~havebeenfecyesrs Son~ofthesopeeplohave 15 '~ouldhketospeakmsupportoftlnsmotmn? Anyonem 16 b~u around for -- dome what they're dome for a long 16 the audience who would hke to speak m support of the 17 time And to constantly bo not harassed but to have their 17 zoning and annexation? Heanng none, I vail close the 18 hves tom~xl upside down ~s really a travesty 18 pubhc hranng and ask ~f staff has any closing conm~ents 19 But I stffi haw a lot of froth m tha system 19 ~,ls I~ATC~tFF YeS, Sa' I &d want to make 20 I behave that th~ ~s faith m poht~cs You guys am 20 sure tho pubhc ~s aware that any notices that -- or 21 elected officmls and you have been okcted by tho l~Ople 21 ri:spouses that we mmved, in fact, I made copies .lust 22 I ask that you do the right thing for thc people b~causa 22 poor to th: meeting that we &d pass those out to you 23 th~'y'ro t]~ ones that uk:cted you So ~f it then' desire 23 You got a large stack of those We did send out separate 24 to do -- if ~t's thea~ desire to r~nam outside of the 24 noUc~s for fig Council meeting for responses that were :25 Caty, I think you should strongly consider ~t And I hOl~ 25 dchvcred to Council We had more v~ponses to City PLANNIIqG AND ZONING COMMISSIO?' ~"~'rEMBER $, 2000 Page 65 - Page 68 74 ~ C°ndcnscltr~ ,, ~ Page 61 Page 63 I th~ nnyone else who would hkc to speak in opposition, of I cl~ must ~ for t~ ~ncxatton I ~n't understaad why 2 ~s? Pl~so com~ fo~ard and s~ yo~ nam~ 2 this goup wo~d not contact their stuff who had ~nt out 3 ~ MOFFA~ ~cllo My name Is Tra~ 3 norths to all ~e pro~ holders, most of which have 4 Moffa~ W~amat--~ad~s~s61~0Al~Roadand 4 tumedmnoh~s~tha~esmdwe'moppo~dto, but 5 weo~sp~eofprop~n~t~ It's ll6 We 5 we'mnot~ted 6 am also ag and ~ rinse hors~, ca~le We m~se o~ o~ 6 And I'd l~e to stand hem just for the people 7 hay on ~e prop~ Wv'm compl~y ag Ev~b~y m 7 that am -- there's older ~oplc that ~'t get hcr~ 8 ~s s~l~on and ac~ally ~'m ~lly well ~cnt~ 8 tempt be~u~ it's such a nasty day and they're not 9 th~s evemng You had made a co~ent ~rh~ about p~ple 9 going to have a vo~ j~t b~au~ they wouldn't ~cnturc 10 showlns up, ~onc has sho~ up at ~e C~ ~uned 10 out, ev~ ~o~ t~ C~W has air.dy ~ked th~m and 11 m~tmgs We're all v~ conc~ My m~or conc~n ~s 11 they've a~d3 told th~, no, we don't want to b~ 12 ~c fact ~at wc ~ h~ l~s ~an a y~r and a ~lf ago 12 annexed 13 ~n front of ~ls ~ and ~e o~s, C~ Council, 13 ~ton ~s a nI~ pla~, a m~ pla~ to v~s~t 14 and ~ found ~t to be not n~essa~ to ann~ o~ 14 We don't want to bye mtt We mow outside thc C~ty 15 prop~ m ~ls pamcular a~, I beh~6 ~aus~ a was 15 We don't want to ~ m &e C~ty Wejust don't want the 16 obwous ~at ~ w~ only gem8 ~ b~ ~ ~d non~ of us 16 extra tax b~d~ You'x e talk~ about mx burden for 17 have any ~nt~tions of s~lhng ~ pm~ ~d I 17 the~ ~cul~l pla~s but nothing for residences We 18 b~h~o ~t any of ~ pmple, and I don't kn~ if ~1s 18 don't get ~y t~ bm~ We get ~e full charge and no 19 could ~en happen, ~at ~ could ~ be wdhng to 19 benefit ~a's about a~ I have to say 20 volun~ an annexa~on ff we ~g d~d~ ~ d~elop 20 MR M~ EILL ~y qu~t~ons for -- 21 But ~at's ~Hy b~de ~o point 21 Co~sstoner Go~&e 22 ~c ~1 poim is ,t's not n~sa~ ~ annex 22 MS ~L~IE ~a~ you ~ Westin, I 23 ~e prop~ s~mply ~ause you all have ~de ~ 23 apprecmte you co~ng out here We do have copies of 24 d~mon, or actually ~ C~ ~uned made ~ d~mon 24 tho~ Out of the t~ that we have, fo~ of them are m 25 not to annex ~t a ~r and a ~lf ago 25 opposition ~e ~t, ~ o of them ~ neural and the Page 62 Page 64 I ~ w~ a lot of issu~ ~at camo up at ~o I ~st a~ m favor So we can only go off of what we have 2 Ct~ ~uncll m~lng hst m~t, sp~mg about ~c 2 h~ and from x~t ~x~ ~ 3 pmp~ n~ ~ bc ~ ~c C~ n~mg ~ fit a~ of 3 ~x~ we~ a~ I h~rd from Sal~ was 4 ~ls m wl~m a c~ln ~mc ~od ~ause of o~g 4 ~at ~ ~ fo~ ~ple h~ m opposl~on to my 5 ]~l$~tl0R ~at's gone on, ~at ~c a~ all a b~ch of 5 annexation, so ~ m~t as~c ~t aH ~o ~t must be 6 mt~ng qu~ons and have bm~t now h~t for mc, 6 for ~t and ~at x~s d~mely not ~ case I bch~e 7 anyhow, on ~ p~oso and ~ ~son why ~ prop~ Is 7 ~ was a stuck about ~ mil at ~c C~ Council 8 bcmg ann~ o~ ~an ~ ~cus~ ~t ~u-aH have 8 office on ~c ann~aaons ~d most of ~ -- ~ was at 9 us~ My major conc~ ~s why is ~ pro~ up to bc 9 ~cC~w~cflofficc ~wassomcb~y~twasm 10 ann~ so qmc~y ~am and w~ d~ ~t b~o~ 10 favor of ~c ann~a~on, ~ &~'t want ~ g~vc ~c~r 11 ~ssm~t ~t ~ haw to come up and ~ns~nfly ~plam 11 name b~ausc ~ x~ afm~d for ~ ~plc b~ausc so 12 ~ ~ono a~m and again why I m~n It m~ no 12 many p~plc &~'t xnant ~s ann~atmn 13 sense Wca~ostkmdoff~lhkc~'gbd~pick~on 13 MS ~c~[~ ~dIapp~mgyoucommgout 14 xvhich ~S scnscl~s So at any ra~ obwously, I'm 14 h~ and Ws one of ~osc kemble s~anons to be m 15 opposM and ~t's all I have ~ say, I ~mk 15 wh~ ~'m ~mg to do ~Mt wc f~l ~s n~t and 16 ~ M~ILL ~y qu~t~ons for ~ MoffaR? 16 somct~cs g* j~t Mxg ~ do what ~ have to do and I 17 ~a~ you v~ much 17 apol~zc for m~g yo~ ~ pound so h~d 18 MK MOFFA~ x~nk you 18 ~ w~ gc h~C m such a -- ~ hvc m 19 ~ M~ILL wouldanyoncclsc~c~sp~? 19 -- I'vc got an acm and a ~ Wc'~d~mc~to 20 MgW~TI~ Myn~c~sRobmOhvcW~tm I 20 boonchousc ~n~boracross~cs~t~s~ B~rch 21 bye at 6449 ~ Club Road w~eh was ~n ~ s~tmn of 21 ~t ~s 500 acr~ and ~ x~an~ ~ k~ it as a fa~ 22 ~nd ~t you Just vo~ ~ su~t ann~aaon I was 22 MS ~L~ ~lmt ~n~ to let you know I 23 s~mgmmyhwngr~mw~Iwassotnc~s~t~ 23 app~mgyo~xo~cc It~nssomc~ng I'mlust 24 ~shcl smd ~at only fo~ p~p~ had c~c aM ~n m 24 so~ ~ can't go hack and ~wsit but ~ ~ ~uncll 25 c~s on ~s ~ cold, ~ m~g ~t ~on~ 25 wlR wsa it PLA~G A~ ZO~G CO~SSIO ...... ~ER 8, 2000 Page 61 - Page 64 75 ~ CondenseltTM ~ ~ Page 57 Page 59 I my well was old I know It was going to happen one of I been farming and ranching We ',c had cattle and we still 2 these days I would be glad you'd come In I'd pay your 2 have pecan trees I raise a good garden You ought to 3 City taxes if you'd supply me with th~s water and with 3 have seen tho beautiful watermelons I raised this year 4 this sow~ I'd be glad I've got a septic tank You 4 I do not want to be m the Clt3, of Denton 5 beve certam things you have to da If your well runs 5 There's not a thing in tho wurld that ) mi can g~v¢ mc 6 dry, you have to dig a now well 6 except extra taxes They sent mother two bills I saw 7 Butwn'vetakencareofltalloftheeeyears 7 oneofthem Idldn'tseotheotherort: But onc of them 8 and the only reason we have to come in, when they decide 8 was over $400 00 We have two houses, a dairy barn We 9 they want to annex us, ts because some developer dec~ded 9 have a beautiful antique barn that s ox er 100 years old 10 he was gomg to develop land uround us He'sthaone 10 Wehavepeeantreas Imlscpmcocallyc,,eryth~ngwo I 1 that's developing He's the one that will make the money 11 eat 12 He's die one flint wants this project We do not want th~s 12 Talking about giving us d~fferent things the 13 project We d~dn't ask for it We're not looking to 13 pohce comes to us in fi,,n minutes N'Iother had to rush to 14 develop today, tomorrow, or anytime m the forest:cable 14 -- because of her heart to the hospital The ambulance 15 future I sen no reason why raw agricultural, fanmng, 15 was in there in 15 minutes We ~ e had Fans on the 16 ranching land would be dea~rabla to be in your C~ty 16 mikoad because of trams They ara t.bere in ton 17 limits It doesn't szem logical for a farm to be in the 17 minutes, the fao department I kno~s at least twice a day 18 City But the City tells us they want it so they can 18 and sometimes four times a day, the Arg)le police patrol 19 protect and determine what happens to this land, but they 19 our little local road I don't see there s anyt~ung that 20 do have control over this land 20 y'all can give me except extra taxes We ran from along 21 And if ever I were going to sell, I would 21 the rmkoad up to practically Brush Creek Road Brush 22 c~rtamly tell the City that ~t was being sold We're 22 Creek Road is across from us Pllo'~ Knoll Branch is our 23 country people and we're honest people and we would just 23 north~n nelghbur Pat ~s my southern ne~ghbur And 24 love to be left alone to do what we have done fur 59 24 Johnson Lane runs in our place, runs between our barn and 25 years That's about all I have to say Thankyou 25 one of the houses And then it gocs and then Pat ~s all Page 58 Page 60 I MR MCNE[LL comralSSlOaers, do you have any I to the west of us 2 questions for Ms Brown I have one If I understood 2 So why - last year they look us OUt We 3 what yea said, your property is 501 acres 3 haven't changed The only thing that s wonderful is we've 4 MS BROWN NO, no, UO, uo This whole 4 got some more ram and we're looPdng for',~ard to some 5 prop~ty In here We've got six people I think in here, 5 turalp greens now So please lea,,c us out of the City 6 landowners 6 because we don't need you and rtall) all )on'Il be buying 7 MR, MCNEILL okay 7 is some static 8 M~. BROWN 133 and n half acres is what tlus 8 MR MC'NEILL JUSt a moment An) questions 9 farm Is right here 9 for Ms Smith -- Bassham, sorry l0 MR MCNEILL I thdn't understand tho 10 MS BASSHAM smith 15 my mmden name 11 dist~nction them And on that 133 acres, your taxes last 11 MR MC~EIt. L okay Peff..ey Smith-Basshmn l"m 12 year bad you been in the City would have bonn $219 00 12 sorry ! apologize 13 MS I~ROWN That I would have paid to tho City 13 MS BASSHAM That'S okay 14 of Denton 14 MR IMCIqEILL could you agmll point out there 15 MR. MCNEILL Right That's what I'm 3aymg 15 on the map where your property is'~ Im~ssedthat 16 Yes 16 MS R,4.SSlt~.M okay T'msnghtbe~lsus, 17 MS BROWN Right, right Cnn'get 17 nghtmthere Iguessit's 122 18 MR,MCNEILL okay Verygood Thankyou 18 MR MCNEILL okay 19 MS BROWN All of us out them got taxes 19 Ma BASSHAM Be~atLge I suppose this is 20 ~ MCI, ami. Thank you IS there anyone else 20 $ohnson Lane and $ohason Lane is om' western boundary and 21 who would like to speak In opposition to this Agenda item? 21 Pat is next door We am dawn - actually, our place 22 MS BASStlAM I'm Peggy Smith Bassham I'm 22 comes more to a point than it sho',s s ~ And then I 23 representing the Will,am Teas Smith estate I am tho 23 guess th~s is Pilot Knoll Branch and thay'ra our northern 24 daughter, I have one broiler and I have an 88-year old 24 neighbor 25 mother W~ have hved on tins farm for 60 years It's 25 IvtR. MC~I~C okay Thank ymi very much Is PLANNING,AND ZONING COMMISSIO' 'EMBER 8, 2000 Page 57 - Page 60 76 ~ CondcnseItTM ~ - Page 53 Page 5'~ I water hoe down usa?? extending the sower hue down the I that carrot? 2 Oraveyurd Branch to service this particular area Once 2 MS RATCLIFF YeS, sir We came down I 35 3 that Is itl, this corridor will change We ere -- we've 3 MR MCNEILL I 35, yeS F!XCUSO me 'I~lat 15 4 ekexdy ~pprovcd a preliminary plat on Country LakeS and 4 1-35 5 wc appr0vcd some final -- or preliminary and final plats 5 MS RATCLtFF Yes, s~r I 35 is here at 6 on Th~ Vintage thls evening Thc development is cormng 6 U$377 7 Ma RISHCL Yeah It looks vecy logqcal to 7 MR MCNEILL okay Very good Thank ~ou 8 mc I appreciate it Thank you 8 Other queStions for staff? Thank you ver~ much Is there 9 MR MCNClLL Cou'a~lSSloner Holt 9 additional discussion, Comll'llSSloners, or fl motion° Oh 10 MS HOLT I m sorry Would you revlow what 10 I'm sorry I need to oh, excuse mc I got so ,,,trapped 11 you said thc City Council was going to do? It s~ms hkc 11 up beta, I need to reahzn we have two s~parate issue, 12 what they wore going to do maybe should go before what we 12 hexo I need to open a public hearing at this point and 13 do, from what you said Now, maybe I misunderstood 13 ask -- as I did before, I will open the public h~rlng for 14 MS RATCLIFP I m Sorry 14 both the annexation and zoning issues And if thece ~ 15 MS HOLT WOII, yOU smd the City Council was 15 anyone in the audience who would like to speak in 16 looking at some things about this are~, t.Ms annexation, 16 opposition to this motion, t.Ms lt~n on the Agenda I ~ ~11 17 hkc dov~lop~d ar~s, like they did last mght~ they took 17 entertain, we'll entertain that now Please corec for~ ard 18 out those two areas And you said they weco going to do 18 and state your name and addr~s for thc r~ord 19 some other tilings at the next m~tlng Did I 19 MS BROWN I m Patncla A Brown, 4300 90 misunderstand? 20 Johnson Lane, Argyle, Tcxas I'm right hexo in this 21 MS I',ArCLII~ At their November 14th work 21 Tract 1, I bchov© they're calling it 501 acres, I m 22 seSsion, st~ff is p~uring a map that shows how esch 22 121 This is all Ag in hero Everybody thoro is 23 parcel is cn.rrently under use, wh~ther it's undeveloped, 23 agriculture We have no plans for dovclopmam ~,x, e ~ ere 24 farmland, pastern, or whether it's got smgl~.fmmly 24 boca before you last y~ur with thc same problem but the) 25 r~ldcnce on ~ or comm~lal ase or a mobile home, to 95 didn't pick up our annexation last year ~ lot us out Page 54 Page 56 I determine If they want to exclude any other propext~es out 1 But they failed to tall the taxmg district that we 2 of the ann~xalaon :2 weren't They were really interested to get our taxes 3 Ms HOt~T oh, okay That'sfine Thankyou 3 And you'ro talkmg about how munh the taxes on our 133 4 MR, MCNCmI. commissioner Oourthe 4 acres, it was $219 46 Of course, I didn't pay It since I 5 Ms oota~ot~. Thank you Are The Hills of 5 didn't live in the City But that is added to County 6 Argyle also still remaining in tho ~r~ 6 taxes, school taxes Ttus is un additional tax that '~ e ? MS R,,,TCU~:~ The Hills of Argyle is in the 7 will be paying It does not give us -- we are not getting 8 City limits 8 unythmg wben we pay that tax except they tell us ~e get 9 Ms nauseas, sow they are? 9 the fire and we got the pohco But that is quite 10 ~s R`~xc~t~ YeS, ma'am 10 insignificant when you've been out there for 59 years 11 Ms oot~u)I,: okay Thank you 11 vathout the services of Denton fire and Denton police 12 Ma MClgaIU. other queStions for staff? I 12 Argyle has served us and served us well 13 have one The area that's very light the~c, I behove 13 And when you talk about they came down with 14 that's betwsen -- it's down below your examples, that's 14 the sewer and the water and that supposedly sounds like 15 not in tha City lmut alresdy, is it? 15 good, we will have it Well, I'm m the process of 16 Ma P, cIeHli.~T YeS, it IS 16 chggmg a new well Had I been in -- if I'd been brought 17 MR, MOl, miLl. it is? 17 in this past year to the City, do you think the C~ty x~ ould lit MR, mucmt~aT south 18 run m~ water from over there over to here? No I ~ ould 19 M~ Ma'~tut. south, that's already in the 19 have still b~n requrred to sattsfy my own water They're 20 City lnmts We've alresdy annex~ that 20 not going to come across that mile or thrce-quarters of a 21 MS SATCLt~ Yes, sir TI~s is akexdy in 21 nule or whatever it is to one house We have a house 22 thc City hmtts 22 here Wc have some houses there Wc'rejustoutmth¢ 23 MR`MCI~It.t, Okay Allnght Andwe're 23 acreage wlth our homos W¢'renotgomgtohaxeany 24 able to do that because we came down 377 We can't annex 24 sewerage We're not going to have any water In fact, I 25 unleSs it's already contiguous to asisUng land Isn't 25 told them last year I'd be glad tf y'all came by because ?LANNIN0 AND ZONING COMMISSI("' '"" rEMBER 8, 2000 Page 53 - Page 5~ 77. CondenseItTM , -- ~ Page 49 Page 5 I I There were two public bearings that have been I exclude them because most tho other parcels are large 2 held on tl~s They were the sams as tho previous 2 developments that could ba subthvldcd :3 annexation that weco hold on October 24th and November 3 MS OOURDIE SO how -- well, okay So we're 4 8th 'there was a neighborhood m~tlag that was scheduled 4 ETJ I mean, we're annexing nverythm8 else around The 5 Monday night, Novoober 6th There is a summary that we 5 hbrary comes m What precludes thea¢ people from using 6 have passed out to you of the comments and questions that 6 our services? Who's going to say, I'm sony but you're 7 were ask~ at thc menting Wo hod a venT good attendance 7 notares~dentofourCityandyoohvemthol:-Tl l 8 Most of thuse people were present last mght at tho 8 guess what I'm saying Is tt doesn't flow very well Here 9 hearing 9 we are, we've got a hulo pocket of people and if a fire 10 MR RISHEL Today is tho 8th You just said 10 Is m Happy Acres and tho people next door, it's k~nd of 11 there was a public hearing held regarding this on the 8th 11 hke that fire plaque at tho turn of the centu.,y where if 12 Ms RATCLII:F I m sony, November 7th 12 you weren't with the right fire insurance, they let the 13 MR StSHffL okay October the 24th and 13 house burn down But if you had the right plaque up 14 NovcmbOr tho 7th 14 there, they'd put It out So I'm just woodcrmg ff we re 15 MS RA'rCLIFP Yes, sir Excuse me 15 creating a problem hero You know, someone calls for 16 MR MCNEILL It probably terminated the 8th, 16 help, can't get help because they're really LTl but their 17 didn't ti? 17 neighbor Is City Iii MS RATCLIFP Effectavoly, ye~ 18 MS RATCLIFF It Was staff's recommendation 19 MR MCNEILL F-xcusemo Ooahead 19 to annex all oflt 20 MR RAT¢~tF~' 'there is a service plan 20 MS OOUSOm okay Thank you ~1 attached, There are copies provided for you of those 21 MR MCNEILL commissioner Rlshel has a ~2 residents who sent In their written protest that we 22 question ~3 receive&altec your packets woo dohvered last week 23 MR mS~t. ~t would help me and I've just 24 Those haw been passed out Staff will be happy to 24 done that before wn came, if there was an overlay of what 25 address any quest:oas that you have on this proposed 25 we have just looked at previously on tho map that you have Page 50 Page 52 I annexation and the proposed zoning of this property to I here because tt seems so logical that we're making a 2 Agrlcult0ral 2 natural progression here So if we oould take a look at 3 MR MCNEILL COUHTIISSlOner (~ourdlo has a 3 that overlay, I would apprecmta it to kind of help thc 4 question 4 audience understand whore we're conung from 5 Ms OOUROIIL ldo hove a question On Happy 5 MS RATCUPF when you say overlay, showing 6 Acres wluuh I guess was removed, the orange part -- 6 both aooexat~ens? 7 MS RATOLIPF Yes, ma'am 7 MR,PdSHSL Right 8 MS OOUROtI~ yOU said it was alr~dy 8 MS RA?CL[FF okay 9 d~veloped out It was developed out not as a piece of 9 MR. SlSHI~L Thank you I mean, I hadn't done 10 City property, is that corteet? 10 it 11 MS RATCLtFP YeS, ma'am 11 MS P, ATC~tPF MUSt of theao residents are 12 MS OOURD~E so lt w~ll not be -- lt will 12 vcryawareofwhotlsproposedtobcnnnexed Thcyhove 13 just remain us it is outside of the -- tt will still ho m 13 been very participatory They have written many letters 14 thc LT~, correct? 14 to Council Thc areas m pink arc thc annexation A-101 15 MS RATCLI6I: tt wall ho m tho City of 15 The taupe mca is annexation A-102 16 Denton's ETS i6 MR, RISHEL And ~s there a strategy or a 17 MS OOURDI~ so what's tho philosophy holund 17 methodology here of why we didn't just take it all as one 18 that beciauee now that we're making exceptions for certain 18 annexation as opposed to breaking It rote two annexations? 19 developed areus, and for undeveloped areas, we're not 19 MS RATCLIFF Tho way staff had looked at 20 m_ak~ngle~ceptioos and now I'm a little concerned 20 th~s is tho am in pink was a higher priority We feel 21 Ms RATOLIFF well, I can only repeat whet 21 hke there is more development pressure on the A 101 22 Couned stated and it's my lmderstandmg and perception of 22 became of tho development of tho elementary school and 23 what they stated is that because these properti~ are 23 tho extension of water and ~ hnea down Country Club 24 akendy, developed, they won't zedowlop Thor's already 24 and Ryan Road Also, because of the development of 25 single-family residences on there That they would 25 Country Lakes North and Tho Vmtage, we're extending the PLANNIN(} AND ZONING COMMISSIO' ..... r~MBER 8, 2000 Page 49 - Page 5') 78 CondcnseltTM i Page 45 Page 47 I mx rate stays tho same But what hapl~ns la tl~ actual I Ma HOLT au lllov~x~ 2 taxeslsmuchlowa-lftheyhawtboAgncultural ' 2 MR MCNEILL okay It's been movod that w,- 3 excmpuon In order to qualify for that Agricultural 3 do rezone th~s property as stated by staff Is there a 4 cxcmption they basically hava to ha',¢ an actl',e Ag 4 second? 5 operation such as either some type of farnung operation 5 MR RISHEL second 6 out there and they have to quah~ through thc appraisal 6 MR IdCI~ILL IS there diScussmn? Seeing no 7 thstnct for that Idon'tknowlfthatanswcrsyour 7 hghts, voto on the board, please Motlonpass~50 g question or not g UNIDENTIFIED SPEAKER Can I make a conuuetlt'~ 9 MR. MCNEILL. It docs and then, I guess, part 9 MR MCNEILL t don't think you can do that l0 of my question is then, I need a ballpark figure trying to 10 I'm sorry This Issun is closed I'm sorry This ~ssue 11 figum out what it's going to cust Ifal40-acrcfarm 11 lsclosodunlessth¢Commissionwatustohcar Fm 12 comesm, what are they gomg to pay thc Clly? 12 sorry lJustcan'tpcnmt- thankyou 13 ~ SlVYO,~R well, tbo taxes - if ~.ou have an 13 The next item then is Item 12 on our Agenda 14 Agricultural exemption, I can't giva you a ballpark but 14 and I believe Ms Ratchff has a staff report on that 15 lt'agomgtobo--lfyouhaveanAgnculturalexcmption, 15 Ms RATCLIFF Yes~alr Bcforcyouthls 16 your taxes arc going to bo fairly low compa.,~d to If it 16 evening, we have another public hearing to consider an 17 was assessed at market value And I don t have those 17 involuntary annexation and to, if this property were to be 18 numbers I don't know If any other m~mbor of staff docs 18 annexed by the City Councd, to cousldes zomng th~s to 19 ER. IviCNEtLL Anybody in staff v, ho can give us 19 Agricultural This property that is under consideration 20 a ballpark for that? Okay Very good Thank you 20 for annexation contains approximately 1,711 acres of land 21 M~. St, tYO~R well, Just to give you an 21 Last night, the City Council votad 6-1 to 22 example, you may have an Ag vuluo I~r acm for farmland, 22 remove all of Tract 4 and this portion of Tract 2 The 23 and I'm just throwing this figure out, I don t know that 23 ptuloosn for exchidmg those pieces is because they were 24 thisiswbotltwouldbc, it nught bo $100 00 vahle I 24 alreadydevelopcdparcols 'Pac mmammg portion of the 25 don't know Maybe these pcopla know But as comperod ~ 25 annexation, there arc somo other houses on it but these Page 46 Page 48 I the 2000 value for actusl fair market value I don't know I arc more hke subdivision areas The votu on that was 2 what the fair marknt value for this propcr~ is out here 2 6-1 City Council also voted 7 0 to make thc same changes 3 but they do substantaally reduce the value 3 to the service plan ns it p~viously stated in Annexation 4 MI~IdC~ILL Tbonkyouvcomuch Aayother 4 101 Andifyouwouldlhkc, I can go over those agam 5 question or discussion on this motion'~ ~ you ready to 5 MR MCNEILL L~ICuse mo I was trying to keep 6 vote? Hennng no opposit~on, I'll call for th~ vot~ then 6 up with marking out what vn~ ~ taking out here Would 7 Votaontboboard Motionpesses32 7 you repeat that agam? I'msorty g (COMMISSIONERS HOLT AND MCNEIL VOTED IN 8 MS RATCLIFF Council voted 7-0 to make thc 9 OPpOSrl'lON) 9 same exact changes to tbo service plan as in tbo previous 10 We vnll now -- I will now entertum a motion 10 s~rvlce plan And If you would hk~, I can go over tha~ 11 to consider r~zonin8 this property Staff, ~,nould you like l I again 12 to mak~ a l~.'port on that? 12 IvIR MCl~ILL comnussloners, do you need her 13 Ms. aATCLIFP ~Ust to renund you. this 13 to r~peat that? 14 property Is cur'~ntly unzonod and w~ are r~ommending If 14 MS RATCLIFF' They were pretty minimal 15 City Council do~ annex this property that it would bo 15 changes 16 zoned Ainculturul which is our most restncuve district 16 MIL MCNEILL okay Very good 17 It would maintain, basically, th~ status quo of ll~ 17 Ms RATCUF~ Also, as on thc last 18 development on tho property 18 annexation, Council wll bo having a work session on 19 ~,m. MCI,~ILt, okay Very good Any quest~ous 19 Tuesday, November 14th to consider all tho parcels and 20 for staff concerning tbo motion before us or fl:~ Potant~al 20 possibly rcvlsmg tho boundaries of the annexation nod to 21 mot~oo bofor~ us of rczoulng this property, ~commendmg a 21 discuss tho possihihues of development agreements in ~2 rexonmg of this property to Agricultural to lbo City 22 hen of annexation and those l~aht~es and new anaexatgon 13 Council7 Any discussion or quest~ous for staff? Thank 23 laws Again, that is not a public hcanng Pcople, they 14 you very much Is them a motion on flus item to chan~c 24 can attend thc meetmg Itisjustnotopenforpubhe 25 t~ ~o~!~ of this propesty, essunung ~t was annexed? 25 discussion PLANNING AND ZONING COMMISSION ~'*'~""~MBER 8, 2000 Page 45 - Page~' 79 ATTACHMENT 4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING TWO TRACTS OF LAND COMPRISING APPROXIMATELY 534 ACRES IN THE CITY OF DENTON. TRACT TWO IS LOCATED EAST OF INTERSTATE HIGHWAY 35 WEST AND WEST OF THE KANSAS CITY SOUTHERN RAILWAY COMPANY, EXTENDING SOUTH ALONG BONNIE BRAE APPROXIMATELY 6,400 FEET NORTH OF U S HIGHWAY 377 TRACT 3 IS LOCATED NORTHEAST OF THE INTERSECTION OF CORBIN AND BONNIE BRAE, PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE (Z-00-021) WHEREAS, the City of Denton has applied for a change in zoning for 534 acres of land to Agricultural (A) zoning district claSslfieatlun and use, and WHEREAS, on November 8, 2000, the Planning and Zoning Commission recommended approval of the requested change in zomng, and WHEREAS, the City Council finds that the change in zoning wall be m comphance w~th the 1999 Denton Plan, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAiNS SECTION I That the zomng dlsmct classfficat~on and use designation of the 534 acre property as described in the legal description attached hereto and incorporated here~n as Exhibit A is changed from temporary Agricultural (A) zoning d~smct classfficat~on and use des~gnatmn to Agricultural (A) zomng d~stnct classfficat~on and use designation under the comprehensive zomng ordinance of the City of Denton, Texas SECTION III That the City's officml zoning map is amended to show the change in zoning district classification SECTION IV That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and d~stlnct offense SECTION V That this ordinance shall become effective fourteen (14) days from the date of its passage, and the C~ty Secretary ~s hereby darected to cause the caption of this ordinance to be pubhshed twice in the Denton Record-Chromcle, a dmly newspaper published in the C~ty of Denton, Texas, w~tlun ten (1,0) days of the date of its passage 80 PAS'SED AND APPROVED th~s the __ day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY U.S. 377 Area - Tract 2 ALL that certain lot, tract or parcel of land lying and being s~tuated ~n the County of Denton, State of Texas, and l~emg part of the O S Brewster Survey, Abstract Number 56, the W Sajws Survey, Abstract Number 1174, the S Pntehett Survey, Abstract Number 1004, the J Edmondson Survey, Abstract Number 400, the W Roark Survey, Abstract Number 1087 and being more particularly described as follows BEGINNING at a point m the present Denton c~ty hm~t hne as estabhshed by Ordmance No 60-40, stud point lying 500 feet southeasterly of and perpendicular to the centerlme o£Interstate H~ghway 35 West, stud point also lying on the west lme of the Kansas C~ty Southern Railway Company (formerly GC &SF Rtukoad), THENCE SOuth 20 degrees 50 minutes 12 seconds West, along the present Denton c~ty hmtt hne estabhshed by Ordinance No 69-40, Tract II, 500 feet southeasterly of and parallel to stud Interstate H~ghway 35 West centerhne, a d~stanee of 3,638 feet to a point for corner, THENCE South 26 degrees 51 minutes 40 seconds West, continuing along the e~ty hm~t hne estabhshed by Ordinance No 69-40, Tract II, 500 feet southeasterly of and parallel to stud Interstate H~ghway 35 ~West eenterlme, a d~stance of 5,869 69 feet to a point for a comer m the south hne o£ the stud S Pntchett Survey, Abstract Number 1004, same bemg the south hne of the S Pntchett Survey, Abstract Number 1021 and the north hne of the tract described m Ordinance No 91-033, Tract III, THENCE South 89 degrees 02 minutes 00 seconds East, along the c~ty hm~t hne estabhshed by Ordrnance No 91-033, Tract III and smd Su~ey lmes, a d~stance of 2,700 feet to a point for corner at the northeast comer of the smd Tract III and the northeast comer of the J Hams Survey, Abstract Number 555, same being the northwest comer of the W Roark Survey, Abstract Number 1087, THENCE SOuth 00 degrees 08 unnutes 00 seconds West, cont~nmng along the present Denton c~ty hm~t hne estabhshed by aunexat~on Ordinance No 91-033, Tract III and the east hne of smd Hams Survey and the west hne of smd Roark Survey, to and along the m~ddle of a County Road, known as Bonme Brae, a d~stance of 2621 35 feet to a point for corner, stud pmnt being the Southwest comer of a tract of land conveyed to Joab Partners L P recorded ~n Volume 4283 Page 855 Real Property Records of Denton County, Texas, THENCE South 89 degrees 29 m~nutes 08 seconds East along the South hne of stud to Joab Partners L P tract a dmtance of 1700 62 feet THENCE North 88 degrees 46 minutes 32 seconds East along the South hne of stud to Joab Partners L P and the a North line of a tract of land conveyed to V D Burch recorded ~n Volume 239 Page 137 Deed Records of Denton County, Texas a chstance 1502 66 feet THENCE North 00 degrees 47 m~nutes 19 seconds West along the Northerly West hne of smd V D Burch tract and passing the Northeast comer of smd Joab Partners L P tract and passing the Southeast comer of the tract of land conveyed to New T~me Investments Corporation recorded ~n Volume 2399 Page 112 Real Property Records of Denton County, Texas and continuing along the East hne of stud New T~me Investments Corporation tract a d~stance 2294 14 feet to the Northeast comer of smd New 82 T~me Investments Corporation tract and also being the Northerly most Northwest comer of smd V D Butch tract, THENCE in a Southerly D~rect~on the next following 7 calls along the East boundary of smd V D Burch tract and along and near the meridian of Hmkory Creek, 1 THEI~ICE South 84 degrees 05 minutes 01 seconds East a d~stance of 206 78 feet, 2 THENCE South 62 degrees 01 minutes 26 seconds East a d~stance of 242 77 feet, 3 THENCE South 55 degrees 31 minutes 24 seconds East a distance of 206 78 feet, 4 THENCE South 35 degrees 25 minutes 14 seconds East a distance of 298 70 feet, 5 THENCE South 07 degrees 50 minutes 35 seconds East a distance of 622 41 feet, 6 THENCE South 28 degrees 10 mmntes 12 seconds East a distance of 400 35 feet, 7 THENCE South 07 degrees 13 minutes 55 seconds East a distance of 433 75 feet, THENCE South 20 degrees 31 minutes 17 seconds East along a Burch East boundary hne a distance of 21 90 feet to a point for comer, smd pomt being the northwest comer of the dlsannexat~on tract estabhshed by Ordinance No 80-1, Tract III, stud pomt being 500 feet northwesterly of and perpendmular to the centerhne of U S H~ghway 377 and being on an annexatmn hne established by Ordinance No 69-40, Tract III, THENCE North 43 degrees 51 minutes East along smd present Denton city hm~ts estabhshed by Ordinance No 69-40, Tract III, 500 feet northwesterly of and parallel to the centerhne of U S H~ghway 377 a distance of 986 feet to a pmnt for comer, stud point being the ~ntersect~on of the west right-of-way hne of the Kansas C~ty Southern Railway Company (formerly G C & S F Rmlroad) and the southwest right-of-way hne of the Umon Pacffic Rtulroad (formerly Texas and Pamfic), THENCE Northwesterly along the present Denton c~ty hm~t hne established by annexation Ordinance 65-43, Tract IV, and the west right-of-way hne of the G C & S F Rmlroad an arc length of 1,877 feet to a pmnt for comer, smd point being the southeast comer of C~ty of Denton annexation Ordinance No 84-18 and smd pmnt lying on the south line of the A Hmkman Survey, Abstract Number 521, THENCE West w~th the south line of sa~d Hmkman Survey and the along the south hne of stud Ordinance lqo 84-18, a d~stance of 1,680 feet to a point for comer, same being the southwest comer of stud Hmkman Survey, THENCE North along the west boundary hne of the stud Hlckman Survey and a west hne of stud Ordinance No 84-18, a d~stance of 1,029 feet to a pmnt for comer lying ~n the centerhne of H~ckory Creek, THENCE North 48 degrees 14 minutes 27 seconds West along the centefl~ne of H~ckory Creek a distance of 3'02 06 feet to a point for comer, 83. THENCE South 81 degrees 14 minutes 33 seconds West along the centerhne of Hmkory Creek a d~stance of 958 63 feet to a point for comer, THENCE South 58 degrees 07 minutes 54 seconds West along the centerhne of Hmkory Creek a d~stance of 210 84 feet to a point for comer, smd point lying wathln Bonme Brae Road, THENCE South 69 degrees 56 minutes 37 seconds West along the centerhne of Hmkory Creek a d~stance of 350 feet to a point for comer, smd point lying on the west line of the J Edmonson Survey, Abstract No 400 and the east line of the S Pntchett Survey, Abstract No 1004, THENCE North along saad Survey hnes a distance of 511 feet to a point for comer, smd point being the tuner-ell comer of a tract conveyed to The Veteran's Land Board of the State of Texas by deed recorded ~n Volume 966, Page 57 of the Deed Records of Denton County, Texas, THENCE North 89 degrees 03 minutes 10 seconds West a distance of 297 45 feet to a point for comer, THENCE North 89 degrees 03 minutes 10 seconds West a d~stance of 594 55 feet to a point for comer, smd poant being the southwest comer of a 13 33 acre tract conveyed to Asa W Yount et ux by deed recorded m Volume 929, Page 734 of the Deed Records of Denton County, Texas, THENCE North 89 degrees 03 manutes 10 seconds West a d~stance of 422 50 feet to a point for comer, smd point being the southeast comer of a tract conveyed to The Veteran's Land Board of the State of Texas by deed recorded an Volume 989, Page 401 of the Deed Records of Denton County, Texas, THENCE North 26 degrees 51 minutes 20 seconds East a d~stance of 1,685 26 feet to a point for comer, THENCE South 89 degrees 24 minutes 20 seconds East a d~stance of 600 feet to a point for comer, satd point lying on the west lane of said J Edmondson Survey, Abstract Number 400 and the east hne of smd W Sajms Survey, Abstract Number 1174, smd point also being a southwest comer of the present Denton mty llmats estabhshed by annexation Ordinance No 84-18, THENCE North with the east lane of smd W Sajvls Survey and a west lane of said Ordinance No 84- 18, a dtstance of 1,100 00 feet to a pmnt for comer at the northeast comer of said W Sajvls Survey, smd point also lying in an east and west county road (Corb~n), THENCE West w~th the North line of said W Sajws Survey and a north hne of smd Ordinance No 84-18 and ~n an east and west county road (Corbm) to the southwest comer of Lot 23 of the Solar Way Addition for a comer, THENCE North 01 degrees 18 minutes 49 seconds East a d~stance of 592 76 feet to a point for comer at the northwest comer of Lot 21 of smd Solar Way Addition, THENCE South 87 degrees 17 minutes 13 seconds East a d~stance of 387 56 feet to a point for comer at the southwest comer of Lot 10 of smd Solar Way Addition, THENCE North 04 degrees 55 minutes East a d~stance of 33 30 feet to a point at the southeast comer of Lot 9 of said Solar Way Addition, THENCE North 42 degrees 52 minutes 40 seconds West a d~stance of 75 76 feet to a point for comer, 85 THENCE North 69 degrees 49 minutes 15 seconds West a distance of 80 26 feet to a point for comer, THENCE North 14 degrees 56 minutes 43 seconds West a distance of 70 14 feet to a point for comer, THENCE North 39 degrees 25 minutes 17 seconds West a distance of 119 03 feet to a point for comer, THENCE North 02 degrees 30 minutes 08 seconds East a distance of 186 85 feet to a point at the northwest comer of Lot 9 and the southwest comer of Lot 8 of smd Solar Way Addition, THENCE North 19 degrees 47 minutes 27 seconds East a d~stance of 713 54 feet to a point at the northwest comer of Lot 1 of smd Solar Way Addition, THENCE South 89 degrees 12 m~nutes 11 seconds East along the north boundary line of smd Lot 1 a distance of 483 25 feet to a point for comer, said point lying 500 feet west of the east hne of said O S Brewster Survey, Abstract No 56, THENCE North 500 feet west of and parallel to the east line of smd O S Brewster Survey, a distance of 700 feet to a point for comer, THENCE East with the north line of said Ordinance No 84-18, a distance of 500 00 feet to a point for comer in the west right of way line of smd Kansas City Southern Rmlway Company, same point also being ~n the present city hmlt hne as established by Ordinance No 60-40, THENCE Northwesterly w~th the western right of way line of said Kansas City Southern Rmlway Company and the present Denton city limit line as established by Ordinance No 60-40 along the various calls a total distance of 2,400 feet to the POINT OF BEGINNING and containing in all 553 acres of land, save and except a 21 acre tract of land owned by Joe M Erwm described m an Extension of Lien Instrument recorded in Volume 659, Page 25 of the Deed Records of Denton County, Texas, for a net acreage of 532 acres SAVE & EXCEPT TRACT ALL that certain lot, tract or parcel of land situated in the County of Denton and State of Texas, 4-1/2 m~les south 45 deg West from Denton and being part of the most northern S A Pntchett Survey, and more particularly described as follows BEGINNING 475 2 vrs South of the northeast comer of the original survey, a rock, THENCE West 594 vrs a rock for comer, THENCE South 34 vrs a stake in the center of the channel of Hickory Creek, THENCE down the center of the channel of Hickory Creek as it meanders to a point where said creek crosses the east boundary line of the original survey, THENCE North with smd east boundary line 184 vrs to the PLACE OF BEGINNING, contmmng 21 acres of land, more or less 86 U S 377 Area -Tract 3 Exhibit A All that certoan lot, tract or parcel of land 13qng and being situated m the County of Denton, State of Texas, and being part of the O S Brewster Survey, Abstract Number 56 and also being part of a tract of land as conveyed from Earl W Wilson to Sue M Wdson by deed as recorded in Volume 774, Page 633, Deed Records, Denton County, Texas, same being the save & except tract as described m City of Denton annexation Ordinance No 84-18, and being more particularly described as follows BEGINNiNG at an old ~ron pin at a fence comer at the southeast comer of smd 2 11 acre tract and ~n the east boundary line of smd O S Brewster Survey, Abstract Number 56 and being in the present Denton city hmlts as estabhshed by Ordinance No 84-18, THENCE South 87 degrees 03 minutes 10 seconds West along the present Denton city hmlts as estabhshed by Orchnance No 84-18 and youth smd fence, a d~stance of 269 36 feet to a steel pm at a fence comer in the east right of way line of Bonme Brae Street, a pubhc road, THENCE North 20 degrees 55 minutes East along the present Denton city hmlts as established by Ordinance No 84-18 and with the east right of way hne of smd Bonme Brae Street, a d~stance of 420 5 feet to a steel pin at a fence comer and being the southwest corner of a tract out of smd 2 11 acre tract as described m a deed from Lavella Barber to JH Howard and wife, on November 14, 1964, and recorded m Volume 516, Page 140, Deed Records, Denton County, Texas, THENCE South 72 degrees 12 minutes 40 seconds East along the present Denton city hm~ts as estabhshed by Ordinance No 84-18 and w~th said fence, a d~stance of 124 85 feet to a steel pm at a fence comer in the east hne of said 2 11 acre tract and of said O S Brewster Survey, Abstract Number 56, THENCE South along the present Denton c~ty hmlts as estabhshed by Ordinance No 84-18 and with said fence and said O S Brewster Survey, Abstract Number 56, a d~stance of 340 8 feet to the POiNT OF BEGINNiNG and contalmng 1 654 acres of land 87 A~NDA DAT~: F~bm~ 20, 2001 DEPARTMENT: Pl~ngDep~ent _ ~ CM/DC~ACM: David ~dl, 349-8314 ~ SUBJECT - Z-00-018 (Scrtpture Apartments.) Hold a public heanng and consider adoption of an ordinance approving a Detailed Plan, to rezone 0 22 acre commonly known as 1723 Scripture Street located at the southwest comer of Scripture Street and Jagoe Street from Office (O) zomng district to Planned Development (PD) zoning dlstnct A 6-umt multi-family complex is proposed The Planning and Zoning Commission recommends approval (3-2) with conditions BACKGROUND The applicant has requested approval of a Detailed Plan to rezone approximately 0 22 acre (9,596 square feet) from an Office (O) zoning district to Planned Development (PD) zoning district This apphcatlon is not subject to the Residential Interim Regulations (Ord 2000-046) because the proposed use is remdentml and the total acreage is less than 5 acres The proposed 6-umt apartment complex will be oriented toward Scripture Street with a 10-foot front building line bnnglng the bmldmg closer to the street Typically, a 25-foot building setback is required in multz-famlly zoning districts However, The Denton Plan recommends mowng bmldmgs to the front creating a presence on the street The applicant requested the Planned Development dmtnet to be able to reduce the bmldlng setback and to meet The Denton Plan recommendations Some of the proposed design features are a 2-story brick and stone building, a 6-foot mansory and wood dumpster enclosure, and a 6-foot mansory and wood screening fence along the south and west boundaries of the subject rote The proposed fence in conjunction with a 6-foot side yard w~ll serve as a buffer yard between the proposed mult~-famdy complex and the existing single-family zoning district to the west Most of the properties across Scripture and Jagoe streets have non-residential zoning Existing off-rote drainage contht~ons may be aggravated by the proposed development The Planning ~and Zoning Commmmon recommends the subm~smon of a drmnage plan prior to the ~ssuance of any bmld~ng permit } The subject property is located m an Office (O) zomng district ~ During the February 2, 2001, work session meeting, the City Council directed staff to amend The Denton Plan by removing the subject neighborhood from the Downtown University Corn District and designating it as an Existing Neighborhood/Infill Compatibility District Therefore, the proposed development would be inconsistent with the amendment of The Denton Plan The proposed zomng under the new Development Code is Neighborhood Remdentlal-3 (NR-3) Under the new zomng, multl-famdy dwellings will not be permitted Sixteen (16) property owners were notified of the zoning request Four (4) responses have been received m opposition of the request, representing 23 05% of the land area within 200 feet of the subject property (see Attachment 1) As opposition is greater than 20 percent, a super majority vote (6-1) by City Council will be required to approve this zoning request PRIOR ACTION/REVIEW The following is a chronology of Z-00-018, commonly known as Scripture Apartments Application Date - October 23, 2000 DRC Date - November 1, 2000 P&Z Date - January 24, 2001 ESTIMATED PROJECT SCHEDULE This site ~s final platted Building permits can be issued after the approval of the Detmled Plan FISCAL, INFORMATION Development of this property will increase the assessed value of the city, county, and school district As a form of lnffil development, no extension of public infrastructure is necessary to service this site P&Z SUGGESTED RECOMMENDATION The Planmng and Zomng Commlssmn recommends approval (3-2) of this zoning request with the follov~ng cond~tmns 1 A drainage plan shall be submitted to, review, and approved by staff prior the issuance of any bmld~ng permit 2 Bmld~ng elevations for the proposed building shall be s~mllar to the example shown on the Detailed Plan No stal~vays shall be V~slble from Scripture Street 3 Apartment land use shall be the only permitted use 4 Lighting shall be designed and mmntamed so as not to shine on or disturb surrounding remdentml property or to shme and project upward to prevent d~ffuslon in to the night sky OPTIONS 1 Approve as submitted 2 Approve with condmons 3 Deny, 4 Postpone consideration 5 Table item ATTACHMENTS 1 Planning and Zoning Commission Report, January 24, 2001, Z-00-018 2 Planning and Zomng Commission m~nutes from January 24, 2001 3 Draft Ordmance Respectfully submitted D~rector of Planmng and Development Prod by / P1Mmer I ATTACHMENT 1 PLANNING AND ZONING COMMISSION Agenda Item '-~'r ~ . ,, STAFF REPORT DetL /2/ ~2,~-~ / Sublect ScnptureApartments Detailed Plan Case Number Z-00-018 Staff Deborah Vlera, Planner I A[lenda Date January 24, 2001 PURR SE~ ,~ ~ ,. , Hold a public hearing and consider making a recommendation to the City Council concermng the Detailed Plan to rezone apprommately 9,695 square feet from Office (O) zoning district to Planned Development (PD) zoning dlstr~ct A mulb-famlly complex ~s proposed LOC~TION Lo~aflon 172:3 Scripture Street locate at southwest corner of Scripture and Ja~oe Street Size 9,695 square feet Rlename Z 00 4. Appl,cant/Owner' Mike Kevhn B~g D Properties P O Box 270874 Denton, TX 75027 SUMMARY OFZO The developer ~s requesting the approval of a Detailed Plan to rezone 9,695 square feet from Office (O) zoning dlstnct to Planned Development (PD) This apphcatlon is not subject to the Resldenbal Interim requirements and procedures because they are less than 5 acres The subject s~te ~s adjacent to One-family Dwelhng Dlstnct-7 (SF-7) to the west, and an Office (O) zomng district to the south Scnpture Street and Jagoe Street run along the north and east boundanes of the property Most of the properties across both streets have non-res~denbal zomng (see Enclosure 1) The apphcant Is proposing a 6-umt apartment complex The 2-story bnck and stone building will be onented toward Scripture Street w~th a 1 O-foot building hne bnng~ng the building closer to the street (see Enclosure 2) The reduced setback is the reason for the Planned Development zomng request A 6-foot mansory and wood fence along the south and west boundaries of the subject s~te ~n conjunction w~th a 6-foot side yard on the west s~de will buffer adjacent s~ngle-fam~ly uses from the proposed multi-family complex A 6-foot mansory and wood dumpster enclosure Is also proposed The Denton Plan Analys,s The Denton Plan shows this area to be w~th~n a Downtown Un,versity Core Distr,ct Area (see Enclosure 3) These areas are ~ntended to be developed as places of great wtahty, w~th a m~x of educational, residential, retail, office, service, government, cultural, and entertainment development The broadest mix of acbwbes and the greatest ~ntens~ty of developments are encouraged w~th~n the entire downtown umvers~ty core dlstnct Stafffinds the proposed zoning to be consistent wtth The Denton Plan I Transportation A Tnp generation The proposed development would generate approximately 40 trips per day ~f budt w~th 6 apartments umts (approximately densty of 12 3 units per acre) Th~s ~s approximately 5 tnps fewer than the traffic that would be generated ~f a 3,000 square feet office braiding ~s developed B Access This development w~ll have access onto Scnpture Street Rlename Z O0 5. C Road Capacity Scripture Street ~s ~dentlfied as a collector street by the 1999 Denton Mobd~ty Plan This street ~s designed to be a four (4) lane undlwded street with parking, providing two (2) lanes of through traffic As such, its designed traffic capacity allows for a tolerable traffic flow of up to 7,500 tnps per day Scnpture Street is currently constructed with two (2) lanes w~th parking No traffic count ~s available Jagoe Street ~s ~denbfied as a secondary major arterial road by the 1999 Denton Mobd~ty Plan This road Is designed to be a four (4) lane undivided street w~th parking, providing two (2) lanes of through traffic As such, ~ts designed traffic capacity allows for a tolerable traffic flow of up to 14,900 trips per day Jagoe Street ~s currently constructed w~th two (2) lanes w~th parking No traffic count ~s avadable It is anbclpated that the ex~sbng road capacity is sufficient to accommodate the proposed development D Pedestrian Sidewalks along all public streets are required 2 Utilities Th~s s~te has access to ex~stmg water and sanitary sewer I~nes 3. Drainage and Topography The proposed development may aggravate existing off-site drainage conditions A drainage plan could be required to ensure full comphance with drainage standards The drainage plan requires calculabons of the 100-year storm for all drainage areas on this property and any area that drains towards this property The developer must indicate the method by which the run-offwdl be carned across the property or stored on the property 4 Signs As per the s~gn ordinance 5 Off-Street Parking New development must provide parking according to the regulations of Chapter 35 (35-301) of the Code of Ordinances The total number of parking spaces required by the proposed development ~s 10 parking spaces 6 Landscaping Th~s property will have to comply w~th the Landscape Code, which requ~ras fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area) 7 Open Space and Recreational Areas Th~s res~denbal development wdl be required to partmlpate ~n the development of pubhc recreabonal areas Through the Park Dedication Ordinance (98-039), th~s development wdl Filenaq~e Z O0 0~.8 6 contribute to park land dedication and park development fees Dedication requirements are required during the platting process Park development fees are required prior to the ~ssuance of budding permits January 14, 1969 -The subject property was placed m the Office (O) zoning district and land use classification by Ordinance 69-01 The subject property ~s platted Notice of the zomng request was pubhshed ~n the Denton Record-Chromcle on January 13, 2001 S~xteen (16) property owners w~th~n two hundred feet were maded legal notices and seventy-three (73) residents w~th~n five hundred feet were sent courtesy notices ~nform~ng them of the request (see Enclosure 4) As of th~s writing, 4 responses have been received ~n opposition of the request, representing 23 05% of the land area w~th~n 200 feet of the subject property (see Enclosures 5 and 6) No neighborhood meeting was held Staff recommends approval of Z-00-018 w~th the following cond~bons 1 A drainage plan shall be submitted to, rewew, and approved by staff pnor the ~ssuance of any budding permit 2 Budding elevations for the proposed budding shall be s~mdar to the example shown on the Detailed Plan No stairways shall be ws~ble from Scripture Street 3 Apartment land use shall be the only permitted use 4 L~ghtlng shall be designed and maintained so as not to shine on or d~sturb surrounding residential property or to shine and project upward to prevent d~ffus~on ~n to the mght sky I move to recommend approval of Z-00-018 w~th the following conditions 1 A drainage plan shall be submitted to, rewew, and approved by staff pnor the ~ssuance of any budding permit 2 Budding elevations for the proposed budding shall be s~m~lar to the example shown on the Detailed Plan No stairways shall be v~s~ble from Scnpture Street 3 Apartment land use shall be the only permitted use 4 L~ght~ng shall be designed and maintained so as not to sh~ne on or disturb surrounding residential property or to sh~ne and project upward to prevent d~ffus~on ~n to the night sky Nlenarne Z 00 7. 1 Recommend approval as submitted 2 Recommend approval w~th conditions 3 Recommend demal 4 Postpone consideration 5 Table item 1 Zoning Map 2 Detailed Plan 3 Land Use Map 4 200'-500' Notification Map 5 Property Owner Responses 6 200' Opposition Map Filenanle Z 00 018 8 ENCLOSURE 1 ~ NORTH Z-00-018 (Scripture Apartments) ZONING MAP Agenda Date' January 24, 2001 Scale None 9 ENCLOSURE 2 ENCLOSURE 3 NORTH Z-00-018 (Scripture Apartments) Existing N; Ighborhood Inflll Corn latibillty LAND USE MAP Agenda Date January 24, 2001 Scale None 13 ENCLOSURE 4 ~ NOFITH Z-00-018 ;cripture Apartments) 200'-500' NOTICE MAP 200' Legal Notices sent via Certified Mall 16 500' Courtesy Notices sent via 1st Class Mall 73 Agenda Date January24, 2001 14 Scale' None 1-26-2~(~0 ! 1 E~PM FROH ENCLOSURE 5 P 2 NO CE OF PUBIC HEA N& Z~J8 ~ P~nmng a~ Zo~ ~mm~on of ~ Q~ ~ De~ w~ ~d a publl~ ~anng on W~dw, ~n~ 24, 2~1, ~ ~er ma~ng a ~m~d~on to ~ ~ ~unol ~ ~ ~1~ Plan ~ c~ a~r~tely 0 ~ a~e from an ~ (O) ~ ~ ~ a P~nn~ De~opment (PD) zoning d~n~ T~ pr~ ~ I~ at ~ ~e~ ~ ~ ~p~re Sb~ and Jag~ S~( (~ ~p on ~e) ~ p~ is ~gally d~b~ as ~g 0 459 a~ ~ex T~ pubic h~flng ~ ~ at 5'30 p m m t~ Cs~ ~u~ll C~m~m of ~ Hell I~ ~[ 215 E M~nney S~e~ DenOn. T~s B~u~ y~ o~ p~e~ ~n ~ hundred (200) sub~t p~. ~ ~ a~ Zonmg C~m~on ~ ~e ~ ~er how ~u ~1 z~ ~e ~ end ~s ~u ~ a~d ~e pu~ ~ng Pl~se tn o~ ~r your be ~ken In~J~unt, ~m ~ fo~ ~ ~ur ~ts ~r to ~ ~te of ~e public ~a~g ( m ~o way p~;b~ ~ ~om e~dmg ~d pa~b~ m ~ pu~ h~ ) You m~ ~ it to ~e number Io~ ~ ~e ~aom, mad n m ~ ~r~ ~w. ~ dr~ ~ oN ,n-~ ~ N. Elm ~ ~n, Te~G A~' ~mh V~ ~an,er I ~e ~ng pr~s In~u~e8 ~ publzc ~n~ d~lg~d to pr~e o~n~ · e sub~ ~ro~ am no~ ~ ~e ~ng ~t by ~y of ~ nob~ T~ flint pubEc heanng ~s r~ in ~pa~ ~ ~ ~ ~, ~e ~ng ~fl~ ~ f~ded ~ ~ C~ ~ for (~) ~r~t ~ ~e ~ ama ~ ~o h~d~ ~) f~ ~ ~ ~e ~b~ ~n ~si~n, om ~ ~venl vo~ ~ ~e C~ ~n~ ~ r~mmd ~ ap~ ~ ~mg ~ge ~ ~ ~ ~: --.~ ~ In favo~ af r~t N~ to mquem Comme~. ...... * +~-e City of Denton will h_o!? e_PU-L'~; '-~ZZ[~nlnn ~e Oetalled Janoa~ Z4 ~001, ~o ~n~. ~'~from an 0~ (0) zomng o~t,,~ ~.~{u~'Street and Jagoe an e a proximate~Y u ~ ~T - ~ -. +~e ~outhwest ~rner o~ o~,,~ ,~T -- - ~mptex ....... ~t ~am~rS of City ~11 lo.ted at 215 E . tro e ,, the Planning end z~nm~. ~[~ .,,~.~ h~sdn~ ~tea~e In ~r for your opinlon to zoning change requ~. ~T~ ;~[~ ~ with your ~mments pnor [o tne ~a~ ~'~;"~T ~ ~a~[ tO ~e - numbe~ Io~'d at ~e '~°m' mail It t° the add"ss "~w' °r ~P '~ off m'Pe~°~i ~e zonlng pries. Inctudes ~o public h~flngs designed to provmae o[ o~maes for ~JiZ.~l lnvolveme~t 8~ ~m~L P~t to ~he publl~ he~nng~, I~n~owne~ within ~c ~undr~ (200) feet of the subject prope~ are no~fled ~ the zoning request by way of mis nob~ T~ .t~t ~Ugil~ Jl~Glffl~ ,~ held ~fore ~e Plannl~ and Zoning Comm~slon ~e Commi~lon ~s Inf~ ~ed of the percent of final action pro.ding the Commission red--ends approval Should the C< nmlssion re~mmend used to calculate the ~enmge of landowner epposltmn In favor ~ ¢~ue~ Ne~l to r~uast ~pposed tot Commen~, NOTICE OF PUBLIC HEARIN Z-00-018 The Planmng and Zoning Commission of the C~ty of Denton will hold a pubhc hearing on Wednesday, January 24, 200% to consider making a recommendabon to the C~ty Councd concerning the Detaded Plan to change approximately 0 5 acre from an Office (O) zoning d~stnct to a Planned Development (PD) zoning district The property ~s located at the southwest corner of Scripture Street and Jagoe Street (see map on backside) The property is legally descnbed as being 0 459 acre m the E Puchalsk~ Survey, In the C~ty of Denton, Denton County, Texas The proposal ~s 6-units apartment complex The pubhc hearing will start at 5 30 p m ~n the C~ty Council Chambers of C~ty Hall located at 215 E McKmney Street, Denton, Texas Because you own property w/thru two hundred (200) feet of the subject property, the Planning and Zoning Commlss/on would like to hear how you feel about th/s zoning change request and inwtes you to attend the pubhc hearing Please, ~n order for your opin~on to be taken Into account, return th~s form w~th your comments prior to the date of the pubhc heanng (This in no way prohibits you from attending and participating ~n the pub/lc heanng ) You may fax ~t to the number located at the bottom, mail it to the address below, or drop ~t off ~n-person Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn Deborah Vlera, Planner I The zoning process Includes two public heanngs designed to provide opportunibes for c~bzen involvement and comment Prior to the public hearings, landowners w~th~n two hundred (200) feet of the subject property are nobfied of the zoning request by way of this notice The first public heanng ~s held before the Planning and Zoning Commlsslon The Commission ~s reformed of the percent of responses in support and In opposition Second, the zoning pebbon ~s forwarded to the Cdy Council for final action providing the Commission recommends approval Should the Commission recommend denial, the petlboner may then appeal the request to the City Council If owners of more than twenty (20) percent of the land area w~thin two hundred (200) feet of the site submit wntten opposition, then s~x out of seven votes of the C~ty Council are required to approve the zomng change These forms are used to calculate the percentage of landowner oppositren Please circle one .- - In favor of request Neutral to request (~ Opposed to request ~ Comments Printed Name .,/~. _~.. ,~',~., Mailing Address ///,~'~. Telephone Number Physl~l Address of Prope~y within 200 feet C~ O~ ~N~O~ ~A~ ol~ HALL WEST · DENTON, TE~S 76201 · 940 349 8350 · (F) 940 ~9 7707 Z-O0 Of 8 FROH FAX NO llag 19 -~r~00 10 ].4PIt F1 NOTICE OF PUBIC HEARIN& Z-00-018 ~e Plennlng and Zoning ~mmlsslon of the Cl~ of Denton w~li hold a pubhc heanng on Wednesday Janua~ 24, 2001, to ~ns~der making a re~mmendabon to the C~ Council ~n~rmng the Detaded Plan to change appro~mately 0 5 acre from an Office (O) zomng distn~ to a Planned Development (PD) zoning district ~e prope~ m lo.ted at ~e so~hwest ~mer of S~lp~re Street and Jagoe Street (see map on ba~s~de) The prope~ Is legally described as being 0 459 acre ~n the E Pu~alskl Su~ey, In the C~ of Denton, Denton Count, Te~s The proposal ~s 6-umts apadment ~mplex The public healing w~ll sta~ at 5 30 p m m ~e C~ Coundl Chambem of C~ Hall located at 215 Mc~nney S~eet, Denton, Texas Because you own prope~ within ~o hundred (200) ~et of th~ subje~ p~pe~, ~he Planning and Zoning Commission would I/ke to hear how you feel about zoning ~ange mquest and ~n~es you to a~end the pub/lo hearing Please, In order for your opinion to be ~Een intg ac~unt, return this fo~ ~th your ~mmen~ prior to the date of the publm heanng (Th~ number located at the bosom, ma~l it to the address below, or drop A off In-pemon Planning and Development Depa~ment 221 N, Elm ST Denton, Texas 7~01 A~n: Deborah Viera, Planner 1 ~e zoning pro.ss includes ~o public hea~ngs designed to provide oppo~unltms for ~tizen involvement and ~mment Pnor to the pubhc hearings, landownem within ~o hundr~ (200) feet of · e subject prop~ are not.ed of the zoning request by way of thls not~ The flint public h~rlng held before {he Planning and Zomng ~mmlSslon The Commission is ~nformed of ~e pe~nt of responses In suppo~ and m opposition Se~nd, the zoning petition m fo~rded to ~e CI~ Council for final action pro. ding the Commmsmn re~mmends approval Should ~ Comm~sion re.remand denial, the pe~on~ may then appeal the request ~ the Ci~ ~undl If o~ers of more than ~enty (20) parent of the land ama w~thin ~o hundred (200) ~et of ~e site subm~ ~n opposlUon, the~ o~ of seven votes of the C~ Council are mqu~md to approve the zoning ~ange The~e forms are u~d to calculate ~e percentage of landowner oppo~it~on In favor of requ~t Neutral to requ~t Telephone Numbe~ ~_~ ~o~ S ~ ~- ~ ~ ¢ ~ Phys]~l Address of Pmpe~ ~thln 200 feet ~o~ CI~ OF DENTON, TE~S C~H~WE~ · DE~ON, Tm$ 78201 · ~9~50 - ~)~97707 ENCLOSURE 6 ~ NORTH Z-00-018 (Scripture Apartments) $CRIPTUI; ,~ ~T 200' OPPOSITION MAP 200' Legal Notices sent wa Cert~hed Mall 16 500' Courtesy Notices sent via 1st Class Mall 73 Number of responses to 200' Legal Not~ce · Opposed 4 · In Favor 0 · Neutral 0 Percent of land w~th~n 200' ~n opposition 23 05% Agenda Date' February 20, 2001 Scale' None 19. ATTACHMENT 2 staff thc E-mails that I I specific number for you, but I can say that ~t doesn't go 2 got any E~you want to be e~j~ thn record 2 beyond thc 20 percent 3 ~rom constituents, 3 The proposed development moots the minimum 4 I would encoura~~taff, also And 4 reqmrements It is m compliance w~th the Development 5 then we'll~l~umma~y of all th~s - ~fl~n~w 5 Code Therefore, staff is recommending approval w~th, ~ ~l~l~r~~ certainly by the end of~he~n~ 6 believe, slx cond,Uons Those conditions have been modified so I will ask you please to follow Thc first All right The next item on our Agenda is 8 conchtlon will be building elevations for the proposed 9 Item 4, to hold a public hearing and constrict making a 9 building shall be slmdar to the example shown on the 10 reconunoodat~on to tbn C~ty Council concerning a rezone of 10 detailed plan and no stairways shall be visible from thu 11 half an acre, approximately half an acre at the comer of 11 Scripture apartments 12 Scripture and Jagoo St~ct And Ms Vmea Is going to 12 The second condition shall be apartment land 13 bring us the staff report on that 13 use shall be the only penurtted use on this site 14 Ms vlv.~.~ oood evening, Commission, 14 third condition shall be lighting shall be demgncd and 15 Chmrman Tonight we are eonsidanng a zoning case on the 15 maintained so as not to shine on or disturb surrounding 16 southwest corner of .Iagoo and Scripture Th~s rezonmg 16 residential property or to shine and project upward to 17 involves 0 22 acres The apphcant ~s proposing a 17 prevent diffusion into the night sky The fourth will be 18 s~x-umt apare~aent complex The existing zomng for that 18 a revised detailed plan showing the correct acreage shall 19 location :s Ofhcc and the apphcant Is requesUng a 19 be submitted prior to the City Counefl public hearing 20 Planned Development zoning district for that specific 20 That's because if you go through your backups, you will 21 silo The reason why we are the appheant is 21 see that it says that the total acreage Is 489 when it's 22 requesting the zomng Is because they don't have the 22 actually 22 So ] Just wanted to be sure that that 23 mmumm~ sethaoks that otherwise multi family would 23 rmstake is taken care of before It goes to City Council 24 reqmre The proposed development wdl be 20 foot away 24 And the new condition that has been mod~ fled 25 from the property hnn making the building he more closer 25 after this backup was made is a drainage plan should be Page 66 Page 68 ! to the street I subnutted to, reviewed and approved by staff prior to 2 The apartanent complex will be a two-story 2 assuance of any braiding permit In that way, we will be 3 building, brick and stucco, will have ten parlong, 3 sure that the proposed developmeat will not aggravate the 4 off-site parkmg spaces They will have fans going along 4 proposed - I'm sorry - the existing upside ~mnage 5 the south and west boundary of the lot to be as a buffer 5 problems 6 between the existing smgle-fanuly uses that are located 6 If you have any questions, I'm more than 7 to the west and to the office uses that are on the south 7 wflhng to answer and I behove the archl~ct for th~s 8 part of the site We are talking about this single-family 8 development ~s here to answer any questions that you may 9 right here and we are talking about this Office zoning 9 have 10 district at the south side of the lot 10 MR MCNEILL COl'fLrmssloner Rlshel 11 According to our stattstacs, this development 11 MR. RtSH£U using the 200 and 500-foot 12 will generate less traffic if compared to a 3,000 office 12 notification map, would you put that on the screen and 13 building is developed instead According to some of the 13 then I'd like to sec what appears to be three propemes 14 neighbors, there are some off-site drainage Issues going 14 that had sent m notices saying they were opposed to the 15 on on that specific site Because of that, staff has 15 project Can I sec where they will be loca~xl7 16 created or have recommended some conditions to actually 16 MS vma.,~ 'rhas one, th~s one There ~s a 17 evaluate the unpact of flus proposed development on the 17 third one that ~s 415 Jagoe I'm not sure wh~e Ws 18 existing 0fl-site drainage issues that that eommumty has 18 located 19 at flus point of tune 19 Ma MC~mmC cecal would like to interrupt 20 As a part of the notification procass, we 20 )ou if you'll let her 21 notified 16 property owners Before flus public hcanng, 21 MS PALUMBO counnlssloner Holt has just 22 staff received two letters opposing to the request I 22 reahzed that her -- she and her husband own a property m 23 made the calculation and that equals 8 3 percentage of the 23 that area which presents a conflict of ~nton~t for her 24 land within the 200 foot However, a thud letter was 24 ~ vas~at~ she'd hke to excuse her7 25 received so that land will increase, but I don't have a 25 Ms I,At. UM~o. so she'd hke to let you know PLANrNING AND ZONING COI~SSION ~^xnra, RY 24, 2001 Page 65 - Page 68 CondenseItTM Page 69 Page 71 I I that she's going to fill out her affidavit for conflict of I vote on the merits of the case and the chips will fall as 2 interest and be abstmnmg from the vote and decision in2 they may, right? 3 this matter 3 MS PALUMBO That ts correct 4 MR MCNEILL Okay Excuse me, Commtsmoner 4 MR WILLIAMS okay Thank you 5 Go ahead 5 MR MCNEILL commissioner Moreno 6 MR mSHEL SO Pm looking at the tlmee 6 MR MORENO Yes Did you say there were two 7 properhes that you just marked, a couple of those are 7 letters returned tn opposltion'~ 8 adjacent to are pretty good size I'm not sure how you 8 MS VIERA Yes 9 have generated the 20 percent figure 9 MR MORENO I don't think I have those in my 10 MS VlEP. A Prior to the third letter that we 10 backup 11 got tonight, I used OlS to calculate what is the 11 MS VIERA I apologize I got those after 12 percentage of land that ts opposed to this proposal And, 12 your backup was done but I have copies here I just 13 again, according to the calculations only 8 3 pereem is 13 forget about those 14 opposed Of course, with the new -- 14 MR MORENO okay And then you also haxe a 15 MR RISHEL That was before the third lot 15 third response? 16 crone rote play? 16 MS VIERA I don't have a copy for the third 17 MS VlERA Yes I can roughly calculate that 17 one because the neighbor just gave tt to me 15 minutes 18 that doesn't go beyond the 20 percent However, if that18 ago 19 Is your preference to continue this until staff goes back 19 MR MORENO I Sec 20 and recalculates the land, It ts an option that you have 20 MR MCNEILL could you indicate again on )our :21 MR RI~HEL Thank you 21 map there where those three propertres were? 22 MR REICHHART We can receive these letters 22 MS VIEP, A We have letters that you may haxe 23 of opposition or tf someone ts in favor of flus 23 copied right now for this address and for flus address 24 apphcatton or any apphcation up until the pubhc heanag24 The thIrd address, the third site that was added to the 25 ts closed by City Council We could -- the Comratssion 25 list of property owners who are opposing to the request is Page 70 Page 72 I could continue ttus heanng to get -- find out what theI the third one 2 opposition ts to date but we still mn the nsk of still2 Ma MCNEILL Yeah Okay Comuussloner 3 gathering more reformation And at the Cfly Council 3 Wflhams 4 heanng, we will have a new calculation of what the 4 MR WILLIAMS Yes MS Via'a, did the person 5 opposition ts at that time 5 who was opposed, did they say why? D~d they write dmvn 6 MR MCNEILL commissioner Williams has his 6 why? 7 light on Let me ask a question while that's on the 7 Ms Vl~a~ it is my understanding that th~s 8 floor So what you're saying Is even though two more 8 owner is very concerned about thc off-s~ta drainage 9 properties came tn and tt did exceed 20, that would occur 9 problems that they am hawng right now But I believe 10 before O. ty Council and that's where the super-majority 10 that tho person is right hero I behove he is planmng 11 has to occur 11 to talk to you so he's in a beuer posmon to answer 12 MR REICHHART correct 12 that, s~r 13 MR MCNEILL okay CorramsstonerWtlhams 13 MaWmUAMS ~rhankyou Id~dn'tknow 14 MR WILLIAMS Yes I guess I get confused 14 whetho' you got :tm wmmg or what because I just 1 $ with this because I want to know how, and I'm asking 15 wanted to know because I can't - and I hope thc people on 16 legal, how does the 20 percent calculate tn my own 16 xv are hstamng, I can't do anything with adamantly 17 individual vote? Does that have anything to do with my17 opposed, opposed to the rcqumt All I know is you're 18 own individual vote? 18 opposed but I don't understand why so I can't base my s otc 19 MS PALUMBO 20 percent calculation affects 19 on you just being opposed because I don't know why Z0 the vote of the City Council They would have to then 20 MS VlW.~ 'the letters, ff you mad the 21 have a super-maJority m order to approve the zoning 21 leUer, it says hke please make comments And, of 22 that's requested It doesn't affect the vote of the 22 course, If they want to como to the pubhc heanng then 23 Planmng & Zonmg Conumsston 23 they're more than welcome to come However, those are th~ 24 MIl. WILLIAMS okay It doesn't really affect 24 only comments that we got 25 thevote0fanymdtvtdualtheo, nght, boeauseyou~ould 25 MI~WILLIAMS lught But my statemeat was PLANNING AND ZONING COMMISSION ..... %RY 24, 2001 Page 69 - Page 72 ~21o CondenseltTM Page 73 Page~- I mostly to the public That would help me maka a d~mon 1 apartment buildings, as well 2 if you want my vote 2 We think that waive designed a very nice, a 3 MR MCNalLL. Thank you, C. omlmSsloner As I 3 very well planned efficient complex with those s~x units 4 look at the being -- kind of looked at an area, I ~nd 4 that would be a very definite addition, upgrade to the 5 to agr~ wlth Ms Viers that that's not going to ~xe~x1:20 5 neighborhood In this case I'd be glad to answer any 6 percent of the area I mean, you need to calcula~ that 6 questions 7 but I just looking at that - 7 MR MCNEILL commissioners, do you have 8 M~ vIaRA Idon'thaveas!c~:lficnumber 8 questions for theapphcant9 Thank you very much 9 hkel09rlghtnowbutrooghly 9 MR COX Allnght Thankyou l0 MR MCNEILL I understand But as 10 MR MCNEILL IS there anyone else in the 11 Coimmssioner Williams says, that's a problem for the 11 audience who would like to speak for or against tlu~ 12 Council, not for the Commission in t~rms of the 20 percent 12 proposal? Please come forward 13 rule 13 MS DAVIS okay Goodness About two weeks 14 MS VIERA Yes 14 ago -- 15 MR MCNEILL yes Okay Other questions for 15 MR MCNEILL State your name 16 stiff? Thankyou At tlus pomt~ then I'll opea the 16 MS DAVIS Pardonme Mynam¢lsShaurcece 17 pubhc hearing and ask If the apphaant or ti~ applicant's 17 Davis, 418 Marietta That puts me at that house right 18 r~pr~somatlve would hke to make a statement And wa're 18 there and so I'll have that comer house that's, you know, 19 op~'atmg under th~ rulra of pubhc h~mngs as w~ always 19 where the two right angles meet right here, the one right 20 do, which ate posted ouisld~ in th~ foj~r 20 under the big red "X" So that's the house that we just 21 MR cox. My name is Ray Cox My office is at 21 purchased two weeks ago and then we get this notice 22 501 South~Carroll h~'~ m Denton and I'm r~preseatmg the 22 forwarded to us from the previous owners who are in the 23 applicant tonight Just a couple of things I guess I'd 23 process of moving out and we learn about the goings on 24 like to point out, and when v~ had PRe masting therc was 24 wtth that 25 same question about compatthihty ,,,nth the ne~hborhaod as 25 The proposed site over here, granted, there's Page 74 Page 76 I far as the desigu of the apartment bmI&ng and -- wa'm I a mca eyesore th~o currently I'd be the last person to 2 looking at this building, this pamcular vl~,v right herc 2 argue that But if you look curly-comer, right harc 3 Thls is what we're looking at across th~ stmot It's a 3 these two long buildings right them, those are actually 4 m~lcal africa budding It's an old oeo that's b~n 4 apartments currcndy and each of those nice, long 5 them for aI namber of years And over on the opposite 5 buildings arc four units If you look at the land, the 6 comer is another mc/heal building doctors, deatists, et 6 amount of land that those arc on, if you even took one of 7 cetcru, and on down the line toward Flow 7 those apartments, basically, that's only fear units put 8 On this comer right hate Is a restoarant and 8 it on thc proposed site, it's gmng to occupy pr~y much 9 then we have a Howdy Doody next tu ~t and then there are 9 all of that 10 various other commercial enterprises going down Senpturc 10 I heard the young woman say that there's 11 Over hcte, of coarse, thcte on this street there ate soma 11 supposed to be ton parking spacea for six units ThatI 12 single-family homes Whea I say sonl~, I gu~s they're all 12 think unght bca challenge, not to cay that they can't 13 smglc-farady and thcce ate some that have been well 13 accomplish that, not at all what I'm trlang to say, but I 14 preserved and am very race homes in there 14 think that's also going ~ create mote parking issues, as 15 Along Jngce this ts a view lcolung south 15 If thcs're aten't enough parking issues over m thc UNT 16 towards North Texas Tlusisanapartmeatbmlthnghete 16 area There is that issue 17 and another building, par~ of th~ same complex on the 17 There's also at some point in the earlier 18 other side Although down this side, those ate bas:cally 18 hearing that went on about, you know, rezomng and what 19 smgl~ family homea the wey they ye haea oonsh'ucted, and 19 not, and at some point we have to druw a buffer zone as to 20 I have no figures to back Ores up but I think that most of 20 whom we'te going to have mult~-fanuly sRuctutes and that 21 those are being used as rental for students, North Texas 21 sort of thing And currently on this side of Scnptare 22 students a~ad so forth 22 them arc none On thc north side of Scnpturc them arc 23 So basically what I'm saying, I guess, is that 23 some And at some point you have say, okay, enough is 24 it's somewhat of a tental area And th~s vlos that you 24 enough and you have to stop or else you're going to start 25 sea right ~ IS on Scripture going v,~st and those am 25 goring lntu that multi-zoning thing again PLANNING AND ZONING COMMISSION 22. RY 24, 2001 Page 73 - Page 76 CondcnscltTM Page 79 [ Page 77 I There's those issues Renters, people who are I MR RISHEL NO, she s one m from thoro 2 rentmg apartments are far less cautious with the 2 Ms DAVIS This is mc 3 property, obviously, because they don't have any stake in 3 Ma MCNelLC Your address ~s on Marietta 4 it because they are not owners For me, I'm looking at 4 Ms DAVIS Yes, It's 418 Marietta 5 basically, especially people on second stories, when 5 Ma McN,*ttt And SO you're m opposmon 6 they're g0mg to be up on their second floor, that balcony 6 But you haven't sent m a letter 7 is going to be most hkely -- I don't know this for sum, 7 MS DAVIS t got th~S courtesy nonce that my 8 Just Judging It from what she was saying earlier -- would 8 pmwous the pmwous owners of my home forwarded to 9 be facing my property which would make it very easy for 9 me 10 someone to toss tlungs off, things to blow off into my 10 MR RISHEL sounds to me hke you need to 11 property, things of that nature, things gems out windows 11 file a loner 12 andwhatnot l have two dogs Certamthmgs, asmost 12 MSDAVIS Yech, Idoandlnecdtolecrnhow 13 of us know, if dogs eat it, they get very sick and 13 to do that, actually 14 possibly mil die So there's things like that 14 Ma Me, Elco I guess my question ~S you make 15 You're also gems to have increased noise in 15 the fourth opposition Is that correct, stuff? 16 thatarea lf you look at -- Ws affeady kmd of put -- 16 Msvt£1~, Yech I was not aware of that 17 it'S already kind of crmnped on those two houses right 17 other -- 18 there on Scripture that are right next to it, and when you 18 MR MCNEILL I understand bm I'm just trying 19 start crmramng tlungs so close together we're getting back 19 to keep the numbers strmght here 20 to that whole cement mty thing that we have right just 20 Mn alsn~t.: th~nk we want to make sure that 21 west of Avenue D 21 we're clear on where you stand and you would be opposed~ 22 MS VlF. RA Let me put this on the podium 22 MS DAVIS I am opposed 23 Those are the elevations that are proposed This is the 23 MR MCNEILL Yes Thank you 24 elevation, the west elevation that would be closest to 24 ivm alSm!L 'thank you, Chamnan 25 your site So as you see, there's no window There's 25 sm MCt~mL commissioner Pushel, d~d you Page 78 Page 80 I only a sta~r~x ay that wdl have access Let me put flus -- 1 have other questions? 2 MR. REICHH.MIT xvhat we wanted to do is just 2 MR RISHEL NO, I Jest wanted to - wanted 3 pmwde -- reform the CnlZeaS She can take that with 3 her to say ~t 4 her That'smycopyoftha-onthebaoks~doofthat~s 4 MRMCNEILL oood Thankyou Isthem 5 also tho site plan that you can sec where the bmlthng la 5 anyone dso that would bko to speck for or against the 6 going to be. landscaping and parking 6 project? Please come forward and state your name and 7 MS D¥CI~ okay 7 address for tho record 8 MR. mS~L I don't think that changes her 8 MR DARBY My name is Wllham Darby I'm 9 argument but - 9 representing Affihated Pathologists who owns thc property 10 MS DAVIS And then one last th~ng ~s, once 10 at 415 Jagoo And we are opposed to th~s and I also have 11 again, gems into that buffer zone and the pOsslbthty of 11 some p~ctures to present to y'all On those, do y'all 12 rozomng that whol~ area, because I know that a lot of 12 just want to look at them yourself? 13 people w~re, you know, as Commiss~oner R~shal was saying 13 MR MCNEILL Or yOU can show them thoro so 14 ecrhcr, that ~f it looks hkc a neighborhood, smells bke 14 that thc pubhc can also sec them so they'll show up So 15 a n~ghborhood, ',,,'ell, it probably is And I thought that 15 you can lay them them on top of those papers, whatever 16 was pretty bnlham myself So when you're leohng at 16 order you'd hko 17 that, when you're loohng to rezone the whole thing, and 17 Ma. DARBY This IS some of tho drainage ~ssue 18 ihs ~s really something you need to look at because if 18 probleam that we haw in that neighborhood right there 19 you're gems to rezone that and you've just 8~ven a permit 19 And w~'vc been talking to the City probably for thc last 20 for somebod~ to bmld that, to rezone It from Office to 20 ten years lrymg to get a storm dram ~n that place right 21 mult~dw~lhn~ tl~atcouldboareclcon~atoftntcrest 21 them on Sagce And Ws created damagc to thc property 22 for you All right? Any questions? 22 at 415 $a8oc because of th~s drainage issue 23 Mit. MCNEILL On tho map there, it was not 23 Mi~ MCNE[LL EXCUSe me for mtarruptmg 415 24 clecr to mc v. hcic your carrcnt home is Am you at thc 24 Jasco is thc eno that's JUSt south of thc proposed 25 comer of Scripture and Manatta? 25 property? PLANNING AND ZONING COMMISSION ..... R.Y 24, 2001 Page 77 - Page 80 _23 CondonsoItTM Page 81 Page 83 I MR DAP, BY Yes, sir I development? 2 MR MCNEILL okay Thank you Excuse me 2 Ma D~ov Yes 3 MR DAP. BY And also as you can see right here 3 MR MORENO what about the two pictures on 4 where the water comes off the street, it rushes across our 4 the lower right? Is that a driveway? 5 property audit's about to take out the comer of the 5 Ma DARBY ^dnvewaythathas been ~- th~s 6 foundation of thc house right there And then the back 6 right here has been redone since the last tune I 7 comer, it's the same way on this one right here, right 7 complamed to the C~ty and w~'vc budt up this land behind 8 there And that's just because of the drainage problem 8 here with gravel and u's already eroded that out due to 9 that we have right there tn our neighborhood already 9 the high water 10 And If they build an apartment where part of 10 Ma MORENO okay So you've tried to make 11 that water flows across their property too, it's going to 11 ~mprovements to your property to no avail, ts that what 12 throw all that water back on our property And as right 12 I'm heenng? 13 no% we already have a sink hole back here at the back 13 MR DARBy Yes 14 comer of the property because of the drainage problem 14 Ma MORE~O Tell me about that sink hole m 15 that we have tn that lot 15 the back, how b~g ts that? 16 Also, I have a problem with the parking 16 MR DAaUY That's approxunately -- a's about 17 because, you know, you're going to have four single 17 that big and It'S about two, two and a half, three foot 18 apartments and then you're also going to have two double 18 deep 19 apartments Okay That's already allowing for ten, 19 Ma MORENO And what property hue is that 20 there's already a possibility for 16 people, 16 cars to be 20 on? Ia that a feoce next to a? 21 in there, and that's not including anybody's friends 21 MR DARUY Yeah, that's on the back comer 22 cOnung over 22 It's going to be on - ~t's going to be right - it wdl 23 Now, also the neighborhood around there, most 23 end up being right here on your - ~t's going to be about 24 of it Is office and it's commercial It's not 24 right hero 25 residentml And It is zoned Commercial And we also 25 Ma. MORENO okay Page 82 Page 84 I dMn't receive a notice of a neighborhood meeting with any I MR DARBY ,SO potentially -- actually, It's 2 of the landowners around that property I mean, the first 2 hke so Actually, it's going to be right here That's 3 notice wo got was flus right here 3 where the sink hole is 4 Ma MCNmt,~ st~ff Staffhasjuat informed 4 MR MORENO okay I was just trying to get 5 me there was no neighborhood meeting 5 oriented as to where your pictures -- 6 Ma. onaav There was? 6 MR DARBY Basically, the water goes, when it 7 MR MCNEtLL ?bi;lo WaS not 7 comes down the street, It will come right here, and part 8 MR DARBY okay Because I'm so used to hkc 8 of tt goes down our driveway which ts right down the 9 m our neighborhood, we had the Fairfield neaghborhood 9 property line and the other part of it goes right across 10 mesang And this meonmteney, g makes g spot zomng 10 here where they're proposing their site 11 So, hesteally, that's my problems w~th this development as 11 MR MOP, ENO I'm CUrious because as I recall 12 g ~a now 12 m driving through this area, aren't you kand of on the 13 Ma MCNEILL ! behove Conm~lss~oner Moreeo 13 top of the hill sort oF? 14 has a que~Uon 14 MR DARBY NO, we're at the bottom of the 15 M~ Moamao Help me out a httte b~t hero 15 hill 16 T'ms structure that you're showing us, ts that the 16 MR MORENO You're at the bottom of the hill9 17 structure that's on your property, s~r? 17 MR DAR.BY yeah, we catch all the water from 18 MR oAaaY Yes 18 ail the way up from Oak, I think 19 M~, Moa~o SO all these pictures am 19 MR KI,SHEL Compared to Scripture you're not 20 p~etur~ on your properly 20 though 21 MR DARBY And that lot ts -- like, see where 21 MR DAP, BY y~ah 22 these t~ am, that'swbe~tbepropertyhnols, wbero 22 MR MOP, ENO Yeah, that's what l'm -- 23 those ~ ar~ 23 MR DARBY Actually, we are lower than 24 MB. MORENO SO that tree hne represents the 24 Scripture 25 property line between your property and tho proposed 25 MR MOP. ENO BCCaUS~ as I recall, that PLANNING AND ZONING COMMISSION' j^x~^vy 24, 2001 Page 81 - Page 84 .-- 94. CondonscltTM Page 85 Page 87 restaurant sits fairly high elevation-wise I drainage, tho way we have it set up, although it do~sn t 2 MR DARBY It's higher than wc are 2 show here, wc havc drainage runmng out on this backyard 3 MR MORENO okay That's what I'm trying to 3 and down through the driveway and out Into the street 4 sort through 4 This :s all paved here and there's just a six-foot sma 5 MR DARBY And, actually, they came out and 5 yard The matn part of tho drainage, thc runoff and so 6 shot tho -- surveyed up down to the comer and they said 6 forth, would be taken out through the parking lot and mia 7 that there's not enough downslop¢ to carry the water on 7 tho street, because wa aw on the top side and tl is 8 down to the comer 8 rannmg down in that threctton And I th~nk that ~ auld 9 MR MOP, ENO ,SO IS the water going from east 9 just normally bo a reqmremcnt of the City that we salt e 10 to west? 10 that problem anyway 11 MR DARBY It comes down the street and then 11 MR MCNEILL okay 12 instead of going to the comer, it's coming across our 12 MR COX Thank you 13 property 13 MR MCNEtLL ^nythmgelse? Commissioner 14 MR MORENO Isee Okay 14 Rtshelhasaquestlooforyou 15 MR RISHEL Mr Hoeltmg might be able to 1 $ Ma RISHEL Mr COx, are you awar~ of the 16 help us with that I see he's in the audlenoe 16 drainage problems that they've had tn that area? 17 MR MOP, ENO All right I was having trouble 17 Ma cox No, I'm not 18 understanding why you were having drainage problems 18 Ma RISHEL okay I presume that any projecl 19 because, as I recall, it was kind of on top of a hill 19 that you're mvolved with eventually would have an 20 MR MCNEILL Let me ask this quastton, I 20 engineer involved with this that would help with the 21 don't see any other hghts on If there was not a 2t foundation? I know in that particular area we ha~e a lot 22 drainage problem, would you then -- in other words, If the 22 of foundation problems w~th both the commercial bulldmg~ 23 drainage problan was solved and there was a way to get 23 and the residential structures that are in that mrea 24 that water and make sure it didn't go across your 24 because of the types of soils that we have and the 25 property, would you still be opposed to the project? 25 drainage problems that we have in that ira.medmte area and Page 86 Page 88 MR DAP, BY Yes Parking I perhaps even the poss~bthty of an underground stream that 2 MR MCNEILL That's fine 2 flows through that tnunedmto area And I'm just 3 MR DARBY BeCause We have run mia the 3 eventually, thoro would be an engineer involved with ) our 4 problem with UNT students parking on the street and if 4 project, ts that correct? 5 they can get away with ti, they'll try to park m our 5 Ma cox That's correct The foundatton 6 parking lot, you know, in that -- hasteally, our courier 6 would ba engineered, as well as th~ drainage 7 department used to bo down there and they would have 7 MR R~SHEL And then I guess I would -- 8 penple trying to park there all the tn'ne 8 eventually I'd hke for Mr H~elung to address the 9 MR MCNEILL Very good Thank you 9 drainage problem in that area I know that he and Mr 10 MR DARBY YOU're weleon~ 10 Durby have talked about th~s previously and I.lUSt want to 11 MP, WILLIAMS Idohavcaquastton 11 makasureIhavottclear]nmynund So ffyou'~ould not 12 MR MCNalLL okay Commissioner Williams 12 mn off, maybe ho'Il try to fill us in on what has 13 MR WILLIAMS ,SO presently you're having a 13 transpired on that, tf I may Mr Ho~king 14 problemwlthparkmgnow Is that what I'm heanng you 14 MRMCNItlLL cetmeae~ffMr Cox--Mr 15 say? 15 Cox, do you have any addtaonal comments or do you want to 16 MR.DARBY wehavehad, yas Notnghtthls 16 watt untd aftor tho -- do you want to wait untd afler he 17 instant, no 17 fintsbes? Okay That's fine 18 MR. WILLIAMS Okay Thank you 18 MIL HOELTINO cur~ntly, the existing flow 19 MR MCN£1LL Is there anyone else m the 19 there's actually another street over here that shows tt 20 audlen~ -- thank you very much Is there anyone else m 20 -- most of the primary dratnage comes down Jague and 21 the audience who would like to speak for or against this 21 there's currently not any ix]sang ~torm sower system tn 22 project? Anyone else? Would the -- since we've had 22 Jagoo itself Them are some storm scmer systems in 23 opposition, would the applicant like to have a rebuttal? 23 Scnptu~ that runs back down Malone So basically - and 24 MR.COX rd just hke to pomt out that on 24 I'vonot--Iapotog~zo Ipersooallyhavonotbeenout 25 the drainage portion, ~t doesn't show on ttus plan but the ,25 to tho sl~ but leaking at tl~ pictures and looking at PLANNING AND ZONING COMMISSION J '"-"' ~'Y 24, 2001 Page 85 - Page 25. CondenseltTM Page 89 Page 9 I our Master Drainage Plan, I can sort of visuahz~ probably I MR HOELTINO Probably at that point Is the 2 what's occurnng Is thc water is coming down a fairly 2 magmmdc of thc water has.oxen:dod the abthty of thc 3 steep hltl, it's hitting thc flat area When It hits the 3 street to carry water, and that could just bo duc to the 4 flat area, thc $tro:t no longer has the capacity to carry 4 sheer volume But probably more l~oly It's tho fact that 5 thcflow One of thc problems is all thc dnveways 5 thcstrectflatteosoutandthcrc'sqmteafcwthmgs I 6 typically are built s~x -- on current standards would bo 6 won't go Into technical details, but we commonly hax c 7 six inches above the gatter level so that any water that 7 problans In this type of area where wc have steep streets 8 comes down thc street would continue to flow by versus 8 going to a flatter stn:et 9 going through the driveway 9 MR RISHEL I look at thc buildings that I 10 So that's probably actually adding to a 10 sec In th~s area that I know through the years as I've 11 portion of thc drainage problem Rebuilding, redoing, do 11 observed thom, and the buddings to the north of that ha~ 12 something with that driveway would certamly help What 12 had substantial foundation work on it Tho budding 13 that's gemg to end up dome though is push thc water a 13 munedmtely to tho north, east of that~ has hod 14 little blt further down tho hill It's still going to 14 substantial foundation movcraeot and work done on , 15 continue to go across the sac 15 through thc years Is there any reason to behove that 16 This partlculer property was platted, and I 16 there's any sort of an underground scream or something 17 don't have any idea, probably 20 30 years ago and there's 17 that may bc affectlng the. sc other structures in this area 18 probably, according to thc standards then, it mot all thc 18 besides just thc surface drainage9 19 cr~tcna for tho City from the standpoint of pubhc 19 MR HOELTINO well, I kno'~ that l've got 20 improvean~nts to ac¢ounnedatc drainage When a sits like 20 calls oven up on tho square about drainage problems 21 this comes In, bo:ause it has already previously bo:n 21 We've had several people who have called about that And 22 platted wc can't rerlmre them to go out and make public 22 you can have a ground water problem oven If yun'~e not 23 improvements to take cam of an existing dramal~ problem 23 near a drainage problea~ or a creek because th~ro could be ;14 In addmon, we have a portion of our ordinance that 94 what we call a perks ground water table You could go ten 25 states if thclr dramag* are: off their sit~ Is less than 25 fo:t down and have an lmpermo:ble layer And when we ve Page 90 Page 92 I thn~ acres of draina8~ area, they can request a drainage had the rains that we've had, that was enough to fill that 2 waiver from doing any drainage studies from tho standpoint 2 surface up and they get ground water in some of thc 3 of public unprovemonts or doing any type of public 3 basements even on thc square that some of y'all may or ma~ 4 unprovcmcnts This is of a scale that's below the throe 4 not bc aware of But that could be thc same sltoatiun out 5 acres 5 here 6 What wc recommnnd Is is that borers we issue a 6 Wc don't have ground water momtonng wells to 7 building p~calt, that we get a -- one, a grading plen and 7 momtor ground watenng levels in the City so that would $ show how they're going to grade the sit~, and, two, 8 be hard to answer You'd have to physically go out and 9 engmo:ang calculations with the drainage study to prove 9 probably drdl several test holes and monitor the water 10 that this particular site will not mercasa the drainage 10 levels for a period of time to know ~hat type of issues 11 problem, will not cause additional damage to that 11 you'rn dealing with 12 property What ultunatcly no:ds to happcn is for tho Clty 12 Maalsn~t. okay Thankyou, Mr Hocltlng 13 to go out again and investagat~ th~s s~ potontmlly put 13 MR MCNEILL Anyone have a question? Okay 14 it on a potential hst for a capital tmprovea~m projo:t, 14 Thank you Do:s the apphcant want to now continue on 15 If we can do ~at ~ may bo a temporary solu~on to 15 with your comments or are you through making cormucnts~ 16 :t that's r~latlvely inexpensive But if it's something 16 Cox I don't have unythm8 else to say unless 17 more exponsive, wa'Il have to work that through tho 17 you have questions 18 proccesduatothedollers~tralghttakctofixtho 18 MR MCNEILL okay Thankyou Staff 19 problea~ 19 MSW~ Yes, Idoha~e Mayhctlnsls 20 MR. mSHEL SO all tho water that comes down 20 somottung that the lcgel dcpartmeat can help me out, 21 Sagoc Start is basically, In theory, conUolled w~th the 21 however, ! behove tbs is not spot zomng as one of thc 22 curb and the gutter system because there arc no inlets 22 spo:kers pointed out As you so: on th~s zoning map, we 23 that go feed mtn a sewer system So as it wants to go 23 have Multi-Family zoning district along .Iagec 24 around the corner, It doesn't make it to tha corner and it 24 Tho second point that I want to clenfy Is 25 flows acrOss these existing lots 25 accorthng to thc Corap Plan, tbs is a downtown core PLANNING AND ZONING COMMISSION j..,~.Ar, y 24, 2001 Page 89 - Page .~ 2~. CondenscltTM Page 93 Page 9S I district -- excuse me, downtown university core district I Seaondl), I.lust have a general question 2 where densities am encouraged to be increased 2 concerning ~hat we're doing with this zoning If it were 3 And the tlurd point, according to the 3 to be that th~s was brought down into a neighborhood 4 elevation ,proposed -- and maybe one of the neighbors 4 residential ama and we approve the zoning for this $ didn't have copies of this elevation 7~us Is the 5 property, once th~s is redone and if tho recommendation 6 elevation ithat would be facing the Residential zoning 6 were to appun e, then this property would be now 7 district As you sea, there's no window on that side, 7 non confonmng If It was downed into an NR 2 NR $ which 8 only the stairway that people on the second floor will 8 was what everyone was requestmg that came forward th~s 9 have access 9 evening in that stop of land They're saying from 10 MR RISHEL That's only one half of what will 10 Scripture dox~ to Oak S~reet, they wanted that to go out 11 be facing g The back half is what's facing the other 11 of the district, dowmown university corn, they wnilt ~t to 12 MS VIEI~A This will be facing the Office 12 go into a Nnighborhood Center or a neighborhood 13 MR RI'~HEL Yeah Thank you 13 residential ar~a is what they were looking for And ff 14 MR MCNEILL The top picture, the top part of 14 that's tho case, some of those zonings that they're 15 the picture will be facing to the south, is that correct? 15 requesting do not pcrant multi-family usage 16 MS VIERA Yes This will be facing the -- 16 MS x~m~.n- okay Let mo point out where the 17 let me, if I can put this together 17 site, according to - I will need to remove a hule bit 18 MR MCNBILL Right 18 the dot shows 17 but, actually, tho site is right there 19 Mq VIERA This will be facing Jagen This 19 And according to the legend, tins should bo DC~ oowntown 20 will be facing the Office zoning district This will be 20 Core Dismct Csen~al I behove multi-family will be 21 facreg Scripture And this will be facing the 21 allowed on that zoning 22 Single-Fatally 22 MS COUP. DiE mght I understand that But 23 MR MCNEILL okay Thank you Cormmssioner 23 what I'm saying ~s is that we had plenty of residents come 24 R~shel 24 forward this e~eamg saying please don't do th~s to our 25 MR RISHEL clarify for me one more tune what 25 neighborhood and the comment was made that th~s ~s Page 94 Page 96 I we understand to bo the actual square footage of tho lot I residential area If that recommeadation is put forward 2 or tho acreage that Is consum~ by tho pmp~ty 2 and a's accepted and it's no longer part of tho Dca 3 MS vtm~ Th~ correct acreage should be 22 3 zoning, a becomes something different which does not 4 acres That equals to 9,695 square feet 4 allow multi fanul), this property now becomes a non 5 MR. RISHEL And we're look~ng for six 5 conformingpmp~"ty Thay could not uso ~t as a multi 6 apartments on the 9,000 plus squar~ feet 6 family anymore? They'd have to tear ~t down and bmld a 7 Ms v/EIo, uh-hu.h 7 house there? This is what I don't understand about what 8 ~a. R/S~t~I. okay Thank you 8 we're doing ha~ and I think a lot of residents were also 9 MS VlERA t bekavo tl~ total density is 12 9 confused as to tl~ rezoning and what's really going to 10 something It is part of your backup Iboh~vewhenwo 10 happcn 11 go to th~ transportation traffic generation, that 11 MR. PO~VEL~ If I man, tho issue of 12 mformat~0n is provided in that sechon 12 non confonmng slams is eno that has bcen raised, was 13 MR RISI-IEL well, I know that that's pmvlded 13 raisedtomght Br~fly, there's two types, mmym~nd 14 and I was confused because the corrected square footage or 14 there's two typ~ of non confonmng eno deals with use 15 the corrected acreage is not reflec~d in tlm'o because my 15 Thc other deals oath the structure I think your question 16 original data at.ally reflects 4 som~thmg of an acm as 16 ponits to the issue of uso If a property was budt 17 opposed to tho 22 of an acre So I thdn't know how that 17 legally, tho zoning ~s changed, ~t becomes legally 18 mterfacedw~ththedntathatI'dgetton 18 nonconfornung that use can r~aunm And the way our 19 ~ MC~.mlLL commissioner Oourd~o 19 current Code operates and tho way th~ proposed one is is 20 las OOURDI~. I thought tho gentleman's home, 20 that that uso can continue to operate forever Them is a 21 Is his homo on the Office zoning property? 21 stipulation that if ~0 percent of ~t bums down, then you 22 las vlluo,. It'S a business 22 would not have th~ abthty to automancally rebuild but 23 las tlotrRglE okay It's a business Okay 23 you could seek reh~f from the Board of Zoning Adjustment 24 So all tho p~ctares you're shovang were actually your 24 Throe is also the opportunity or tho -- I 25 business I was confiised on that eno Tkauk you 25 shouldn't say opportunity, tho abthty for non conforming PLANNING AND ZONING COMMISSION ..... ,RY 24, 2001 Page 93 - Page 9~ _27. CondensoltTM Page 97 Page % I uses to be amomzed whch means the City would find that I providing 3,797 square feet of landscaped ama 2 there Is a policy or they would set a policy that such 2 MR RISHEL Tell me how big that backyard l~ 3 non-conforming, some non conforming uses would need to be 3 MR COX The backyard from the back of the 4 vacated Tho amortization allows people to recoup their 4 unit across here ~s about 16 5 feet 5 investments and they would need to see set uso 5 MR RISHEL okay By the length of the 6 But to answer your question, I'm not sure if 6 building which Is how long? 7 that was a long answer to a s~mple question and thc answer 7 MR COX I'm sorry I don't remember right 8 is if it's non conforming they can continue to operate as 8 off-hand It's not on th~s plan 9 such 9 MR RISHEL Approximately? 10 MS OOURDH;. Even when they sell the 10 MR COX I beg your pardon9 11 property 11 MR RISHEL Just approximately how long do 12 Ma POWELL Even If they sell the property 12 you think that Is? 13 because tho non-conforming status runs with tho land and 13 MR COX I think It's somewhere in the 14 not with tho property owner 14 neighborhood of 62, 65 feet, somethmg like that 15 MS OOURDIE. Thank you 1~ * MR RISHEL SO 65 ames 16 5, can somebody do MR POWELL I'm 8orr~ 16 that for me9 16 4~; ~ 17 I~.~IJROIE. Iq~, lt~as 8x~ tf~th.i~k.~at 17 MR REICHHART 1,072 square feet 18 ff tot of pebple need to hnders~n¢ that be~atl.l~ it's so 18 l MR RISHEL I mean, that's the primary part 19 ~confused TI~o &f~ex?ht sc~anos that am brought t 19 that's lands,caped, ts that right9 20 forward, tt'~ hm'~derstand ~hat we're ~flly~ 20 , MR COX Yes, mr 21 ~pmposlng 21 MR RISHEL And then there wguld be some 22 ~tr b~R~M~NEILL commissioners or staff, do you 22 ancillary landscaping in the front, I'm sure 23 have additional commeuts? 23 MR COX Right, and on the side 24 MR RISHEL I have a question 24 MR RISHEL DOCS that look hke we're mox lng 25 Ma ~C~EmL okay Conumssioner Rlshol has a 25 ;n the right direction here to get to our 20 percent9 1 ,~ Page 98 Page 100 1 ~ ~quest~on I guess that's -- I'm just curious 2 Ma. msue~. ^nd I may need Mr Cox back up, 2 MR COX well, as I said, wc actually have 3 also' As I look back through on our Item 6 that we have 3 more than 20 percent We're probably more like 35 to 40 4 wben we: talk about landscaping, and it talks in hero about 4 percent 5 via the s~Zo of the piece of prop~ly that wn'd have, we'd 5 MR RISHEL l'm not seeing it, okay, ~s my 6 have 15 acres, 15 trees per acre as this would bo So I 6 problem But I have some numbers that I'm quest~omng 7 pmsun~e that with the size of the pmpea'[y we cow have, 7 beeause we got off-base when we had the 48 acres 8 j~hatwouldbotla, eo or four tmes per acm Isthatthe 8 MR COX Okay That'stncorrect 9 way you understand it and ~ute~pret the landscape 9 MR RISHEL And sO I'm trying to look at 10 ordmanca that we have? 10 that 11 MR COX ¥~8 11 MR COX Right If you look, that's 12 M~mSU~ okay And then ~t talks about 20 12 mcorrect That was an error from the begtnnmg Sothe 13 percent of surfaco to remain pervious and I don't know 13 22 acres Is the correct one But everything else stayed 14 whether I sec that to bo the ease or not When I took the 14 the same and the calculations are based on the correct 15 parking 10t and the footpnut of thc building and the 15 square footage 16 sidewalks that wn have and I don't know if you've mn that 16 MR REICHHART Plus you have the front 17 calculation or not, but the baekyard that I sec which if 17 setbacks as open space, also 18 va: get the dmmngo done corr~t~vely may nod to be some 18 MR RISHEL Right And I was flunking them 19 sort of a channel way in ~ I don't know if that's 19 ,,vas a plan that showed the trees that were going to be 20 good or bad But I don't know whether wn'm going to bo 20 revolved 21 ablc to aohlevo the 20 percent of tho surface remammg 21 MR COX Yes, sir Hcreltls 22 pervious 22 MR RISHEL And there was, hke I said, three ~3 Iv~ COx. ff you look, Mr Pdshol, if you look 23 or four trees that were lind out there ~4 over here on tho landscape plan, we have a total area of 24 MR COX Here tt ts nght here We have one Z5 9,695 feet and 20 percent of that is 1,939 and we're 25 here m the comer, one right here, another one here, PLANNING AND ZONING COMMISSION js~.~u,y 24, 2001 Page 97 - Page 100 28. CondenseItTM Page 101 Page 10 1 anothcr onc hcrc Wc'm rcqumng four of thc large shadc I down there 2 trees S0 v~ have thusc across thc front 2 MR RISHEL well that makes my point even 3 MR RISHEL And then I notice that that was 3 worse because now I'm looking at the roots from the tro,.s 4 underneath the shade trees was sodded Bermuda 4 going under the foundation which gives us more problems m 5 MR COX Ye.S, s~r 5 that area than we've already had 6 MR RISHEL And then how good does that 6 MR COX one thing to land of relay some of 7 sodded Bermuda do under those trees in thr~ years out? 7 your concerns about the foundation, it will be an engineer 8 MR COX The SlZ~ of the tr~? 8 based on sods report and so forth of ttus particular lot 9 MR RtSHRL NO, I'm tallang about tho grass 9 Mn mSHE~ Right I'm glad to hear that l0 living under the tr~ 10 MR MCNEILL I thulk State law requlres that 11 MR COX oh How much of it is, is that what 11 Mn COX Yeah Any other questions? 12 you're saying? 12 MR MCNEILL Oilier questions from 13 MR R[$HEL yeah ! mean, what I typically 13 Comnussmncrs? Okay Staff, do you have any closing 14 find ts Bermuda doesn't not do well in this area ff it's 14 counneats? 15 shaded It does great in open areas but it doesn't do 15 MS vireo. I have no add~tmnal remarks 16 worth a darn when you have trees above it And so I.lust 16 MR MCNEILL okay Hearing no addmonal 17 sca all tls grass being dead three or four years from 17 requests to speak, I'll close the pubhc heanng and ask 18 now And then I look at the building and tho shadow 18 Conumss~oners ~f they have addmonal comments or a 19 flint's going to be cast by the building itself on tho last 19 motion Commissioner Wllhams 20 16 foot in the backyard there, and I sea that as a patch 20 MR WmU^MS t move to approve Z-00 018 with 21 of dui if it's going to be Bermuda because tt's not gems 21 the following conduions an approved development plat 22 to live And then we've got this fence on the other side 22 shall be obtained prior to issuance of any braiding 23 of that so there's just some tssues here that I -- and one 23 penmt budding elevations for the proposed budding 24 of them is the drainage and what's going to make that work 24 shall be similar to that example shown on the detailed 25 back them dratnage-wisa, and then a foundatmn that's 25 plan, no stairway shah be visible from Scripture Street Page 102 Page 104 I going to be substantial enough to handle the unstable I aparauent land use shall be the only permitted use 2 soils that we have in that area And I know those are 2 hghtmg shall be designed and maintained as to not shine 3 dungs that we can work out 3 on or disturb attrroundmg rcsldenlml property or to shine 4 Ma COX of course, Ours ~S a system that is 4 and project upward to prevent diffusion into the mght 5 irrigated, as well I mean, the area is mqgated And, 5 sky, a revised detailed plan shov, ang the correct acreage 6 you know, th~a~'s nothing magtaal about using Bermuda 6 shall be submitted pnur to the City Council pubhc 7 either I mean, that's one of the grasses that's approved 7 heanng and, SlX, drainage plan shall be ~ssued prior to 8 on tho landscape -- 8 building permit issuance 9 MR RISHEL oh, I know it's approved but tho 9 MR MC'NEIt.t. we have a motion on thc floor 10 problem is it doesn't grow in the shade 10 Do I have a second? 11 MR COX YOur point iS well ia,ken 11 MR REiCHHART The one thing I wanted to 12 MR RtSHRL. That's my point exactly Thank 12 point out, the staff had r~questod that the requuc~nent 13 you 13 for the drainage plan would take the place of the first 14 Mil MCNR[LL And I think another point you 14 condition that we had The development plat was intended 15 should mantton hem is that the canopy of those trees that 15 to address the drainage plan But instead of going 16 yoo'r~ showing them is -- I don't know what land of h'ces 16 through that process, we figured we'd just address the 17 you'r~ gems to put on but that canopy ~s at some length 17 drainage because that's really our concern 18 befor~ -- some length oftmaebefor~thecanopywdlI~ 18 MR WtLLInMS lllmovo-- 19 that larg,~, isn't it? 19 MR MCNEtLL okay So you've heard thc 20 MIlCOX Yes, s~r Actoally, that'sto 20 motion Is them a second? Isthoreasecond? I'll 21 scale That's the scale at th~r matu~ h~ght 21 second thc motion to get ~t on the floor Isthem 22 MR. MDNEILL My question is what land of 22 addmonal discussion on tho motion? Any addmonal 23 Ixecs ar~ you gems to plant and how lung ~t is hefor~ 23 discussion on tho moUon? Are you n:ady to vote? Vote on 24 they maxum So you may plant B~mluda until they mature 24 the board, please Motion passea 3-2 25 and then when they're mature~ you'd probably put fezcue 25 (COMMISSIONERS RISHEL AND MORE~O VOTED IN PLANNING AND ZONIN'G COMMISSION' J ...... Y 24, 2001 Page 10l - Page 104 : 29 CondenseItTM I OPPOSITION) ©XCOSe mc, City Council has requested a work sess on to Th~ next item on our Agenda -- our next item discuss this And until we hear back from Crt on the Agenda is to hold a public heanng and consider : threctton from City Council regarding where d' a recommendation to the City 4 s Conuuumty Mixed Use ~ '.~c 5 ~ l~n bee I 6 ' Lane and Ryan Road 6 ~pphcaat I can 7 the staff report 7 around hkc to 8 ORA¥ Yes Thank you and 8 wa~t and 9 If we can Th~s slt~ 1 9 o ahead and 10 it might 10 conmussn you heard a 11 look familiar to we had a 11 recomnicndatton cr 12 site 12 colmnents before we hearmg'~ Do I hear 13 That detailed end now the 13 oh, 14 applicant has c 14 MU t on several oc,-a~ons 15 U would be anchored by 15 that we meet with ~' detaded plan that 16 s groc.~ store 16 comes And :f th~. 17 17 City Council Cenmnssmn 18 designation: 18 I'm going the dect,~ons 19 in our Comprehensive Plan 19 because I waste m 20 large I grocery store I t 20 hear ; and then that 21 ; hke a 60,000 s~ 21 to the ~- and the rationale is said the Comprehensive Plan stay a hnie Thesefore in order to submit a at least that's what ! read in tl~ zoning plan on tho property, they first need to change thc paper So as far as Ym concerned, we can bnng ii t. Comprehensive Plan have today because I'm going to vote against exc~ one Page I( to reconunend approval So this is thc first step is to that comes up until C~ty Council decides to meet anc change the Comprehensive Plan t me know where they're coming from so I can make Mixed Use Canto' on this that they have 4 o applicant is reclUeStmg 4 Ma MC~mC okay Very good Other 5 However, after having 5 concerns? Okay Thank you So i 6 guess to give you a Mile lustory 6 ~ ask if there's 7 you're , aware of, 7 audleacc 8 ag g some 8 I thc audience wla 9 property furthe Teasley and 9 this issue clth~ or against i one nsc I 10 Hlckur) I behave th~ 10 will then ooterta~ e to staff's 11 It went to City Council 11 request 12 aod wes denied Inthe thatoccurreace, thcCity 12 tyro IUSHI~L Ir amottonthatwe 13 Council has requested a , if 13 continue CA 00-002 until ¢ ' scheduled 14 anywhea'e, Mixed Use Center to 14 meeting 15 support a grocery a There 15 Ma 16 has 16 this item won't 1 ~ Council x~ork 17 necessity of a R~ght now 17 session until I ~ 27th 18 ' faclhtleS are u ~ rather 18 first 19 Lllhan Of eom'si Isa an 19 mSHnL Or an a 20 DOnnth 20 4R, REICHHART action 21 MR RISHEL Ma m~C~HAaT F~brua.ry 28th vhat that would do as far as traffic is concerned, et M~ maH~c Febraa~ 28th How about if I c~tera make the motion that we continue tlus So the Planning & Zoning Comunsston or rather, CA O0-OO2 until Febma.,y the 28th PLANNING AND ZONING COMMISSION J .... Y 24, 2001 Page 105 - Page ... 30. ATTACHMENT 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM OFFICE (O) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD-193) WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 9,695 SQUARE FEET OF LAND COMMONLY KNOWN AS 1723 SCRIPTURE STREET LOCATED AT THE SOUTHWEST CORNEl{ OF SCRIPTURE STREET AND JAGOE STREET AND LEGALLY DESCRIBED AS LOT 8 OF THE DENTON HOUSING CORPORATION ADDITION, PROVIDING A DETAILED PLAN ENCOMPASSING 9,695 SQUARE FEET, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z-00-018) WHEREAS, Mike Kevhn ~mtmted a change in zomng for 9,695 square feet of land from Office (O) zomng d~smct classfficatxon and use designation to Planned Development (PD) with condmons zomng d~smct classfficat~on and use des~gnatlon, and WHEREAS, on January 24, 2001, the Planmng and Zoning Comm~sslon concluded a pubhc heanng as reqmred by law, after which a motion to recommend approval of the requested change m zomng was passed, and WI-IEREAS, the Caty Council finds that the change in zoning as consastent w~th the Comprehenmve Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zomng district classfficat~on and use deslgnat~on of the 9,695 square feet property described as Lot 8 of the Denton Housing Corporation Addltton ~s changed from Office (O) zomng district classfficatmn and use designation to Planned Development (PD-193) zomng dlsmct classfficat~on and use designation and the Detmled Plan attached hereto and incorporated here~n as Extub~t A is hereby approved, subject to the following condmons 1 Apartment land use shall be the only penmtted use 2 A drainage plan shall be submitted to, revmwed, and approved by staff prior the ~ssuance of any bmldmg penmts 3 Building elevations for the proposed bmld~ng shall be samlar to the example shown on the Detailed Plan No stmrways shall be visible from Scripture Street 4 Lighting shall be designed and malntmned so as not to slune on or disturb surrounding resxdentml property or to slune and project upward to prevent diffusion m to the mght sky SECTION 2 The City's officml zomng map ~s amended to show the change in zomng district classlficataon 31 SECTION 3 If any provlmon ofthzs ordinance or the application thereof to any person or circumstance m held lnvahd by any court, such lnvahdlty shall not affect the vahdlty of other provmlons or applications, and to this end the provls~ons of tins ordinance are severable SECTION 4 Any person violating any prowmon o f tlus ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provlmon of th~s ordinance m wolated shall constitute a separate and dlsnnct offense SECTION 5 That tins ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the C~ty Secretary ~s hereby d~rected to cause the caption of tins ordinance to be published twice in the Denton Record-Chronicle, a daffy newspaper pubhshed in the City of Denton, Texas, wattun ten (10) days of the date of its passage PASSED AND APPROVED this the day of ., 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L Pg~UTY, CITY ATTORNEY 32 EXHIBIT A Agenda AGENDA INFORMATION SHEET AGENDA DATE: February 20th, 2001 DEPARTMENT. Planmng & Development De.merit CM/DCM/ACM' David Hill, 349-8314 SUBJECT Hold the first of two scheduled pubhc hearings to hear comments regarding the City of Denton Draft Development Code and zoning map BACKGROUND Introduction On December 7th, 1999, City Councxl adopted The Denton Plan, the c~ty's 1999-2020 Comprehensive Plan W]ttun the Plan's ~mplementat~on goals and strategies ~s the prows~on for new development regulations The pubhc hearing ~s to receive comments on the draft Development Code Purpose The drafting of the Development Code is mtanded to t~e directly to and meet the pnnclpals and goals expressed m The Denton Plan Those prmmpals were summarized and agreed to by the Code Committee to lead them through the development code process (Attachment 1) · Implement The Denton Plan · Provide fmr, predictable process · Improve quality of development · Better protection of enwromnental areas and trees · Bmld better neighborhoods · Encourage design innovation Further, Sect]on 211 004 of the Texas Local Government Code reqmres zomng regulations to be m compliance w~th the comprehensive plan "Zoning regulations must be adopted ra accordance w~th a comprehensive plan and must be designed to 1 lessen congest]on m the streets, 2 secure safety from fire, pamc, and other dangers, 3 promote health and the general welfare, 4 pmmde adequate hght and mr, 5 prevent the ovemrowd~ng of land, 6 avmd undue concentration of population, or 7 famhtate the adequate provision of transportation, water, sewers, schools, parks, and other pubhc requirements" Pubhe Involvement to Date In order to further define commtm~ty feehngs about design, growth, architecture, enwronmental ~ssues, open space and many other ~ssues, a variety of pubhc outreach methods were used · Focus Group to identify issues, · Poll to quantify public oplmon, · Newsletter to raise awareness of proJect, and a · Visual Quahty Survey Focus Group In September 1999, the consultant surveyed a Focus Group which was made up of citizens who were randomly selected for participation The focus group results reiterated the pnnc~pals and goals from the comprehensive plan Scientific Survey The consultant prepared a random access telephone opinion survey which was completed in November, 1999 The survey confirmed the goals and strategies of the growth management plan and the Comprehensive Plan Approximately 400 people were surveyed Overall results from the survey are summarized by · Concerns were rinsed about population growth · Planning for growth m Denton is necessary ff we are to keep our hvabthty · Higher density development is OK if ~t ~s carefully designed and provides open space · The City should reqmre the preservauon of trees and the planting of new trees for new development, even if ~t costs businesses more and d~scourages some from locaung in Denton · There was a spht regarding where new growth should occur, ~nd~cat~ng that there should be a balance · There was a split between prowdlng mixed use development vs separating thfferent uses Newsletter · D~smbuted as a newspaper insert m the Denton Record Chromcle Visual Qualny Survey The consultant and staff also created a V~sual Quahty Survey, for community participation through the e~ty's web s~te The survey was also avmlable through cable channel 26 and ~n written format for those w~thout computer avallabthty or skills The results of the survey ~ncluded over 1,000 participants has been prewously been g~ven to Council Development Code Commattee The Development Code Committee was formed by Council in August, 1999 and is comprised of 15 members These citizens represented a w~de cross section of the commumty The role of the 2 Commtttee was to comment on the work presented by the consultant The scope of work for the Commxttee as adopted by the Cxty Council ~s as follows "The purpose of the committee xs to prowde feedback for the Planmng & Zomng Commxss~on and Cxty Council rewew m response to consultant recommendations regarding the revised development code The committee will attempt to work by consensus In the event that there are unresolved xssues, the variety of op~mon wdl be presented to the Counml In the consultants report to the Councd, any major ~ssue whmh needed to be resolved, or which remmns unresolved, shall be clearly commumcated, xncludmg alternatxves evaluated, and the code committees rational and recommendation, and any minority reports for the committee" The committee was invaluable ~n prowdxng comment on the code and the majority of their comments have been ~ncorporated into the text The draft code document wall xnclude all outstanding comments whmh have not been mcorporated mto the text Pubhc Rewew An extensive pubhc rewew process was completed on December 16th to allow all ~nterested xnd~wduals and groups the opportumty to comment Open Houses and nexghborhood meetxngs were held throughout the cxty Ind~wduals have the abthty to use the ~nternet to look up mformat~on xncludmg an ~nteract~ve zomng map All of the pubhc rewew opportumt~es were hsted m a newsletter dxstnbuted xn the Denton Record Chromcle Planning Commission Public Hearings The Planmng Commlssxon held pubhc heanngs on January 23rd and February 7th, 2001 regarding the Development Code At both meetings, approximately 150 people attended Many of the participants dxd not wxsh to speak and left thexr comments for ~nclusmn xn the database PRIOR ACTION 1 REVIEW The process, pohcaes, goal and strategies related to the Development Code have received rewew at the Development Code Commxttee, Planmng and Zomng Commission and City Cotmcd There also were twelve nexghborhood meetings and open houses to discuss the Development Code wxth cxtxzens The following meeting have been recently held on the Development Code January 24th, 2001 Planmng & Zomng Comm~ss,on Pubhc Hearing #1 February 7th, 2001 Planmng & Zomng Commission Pubhc Hearing #2 February 2nd, 2001 Cxty Councd All Day Work Session w/staff February 9th, 2001 City Council All Day Work Session w/staff ESTIMATED PROJECT SCHEDULE The project schedule as drafted anticipates adoption of the Development Code by March, 2001 The Cxty Counml has a second pubhc hearing scheduled for March 6, 2001 FISCAL INFORMATION In August of 1999, the c~ty contracted with Fregonese Calthorpe Assocmtes for $262,575 to include serrates related to the new development code Staff resources dedicated to th~s project are est:mated to exceed $250,000 OPTIONS N/A RECOMMENDATION N/A ATTACHMENTS N/A Respectfully submitted Douglas S Powell, AICP D~rector of Planning and Development 4 Agenda AGENDA INFORMATION SHEET Date ~'~,/~ AGENDA DATE February 20, 2001 DEPARTMENT: Police ACM: Jon Fortune ~.~ SUBJECT AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 27 RELATING TO VEHICLES FOR HIRE BY DELETING ARTICLE III TITLED TAXICABS IN ITS ENTIRETY, CREATING ARTICLE VI TITLED TAXICABS, LIMOUSINES, AND SHUTTLES, PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE, AND PROVIDING FOR AN EFFECTIVE DATE BACKGROUND In October 2000, Gary Naden, the owner of the only licensed taxicab company in Denton contacted Chief Matheson about raising his fares Chief Matheson directed Staff to examine the current ordinance to see what additional areas needed to be updated or changed Staff determined that the current ordinance had many areas that should be revised to be prepared for the projected growth and protect the safety and security of our citizens On January 23, 2001, Council received a staffreport regarding the revision of Chapter 27, Article III, relating to taxicabs, that currently regulates vehicles for hire within the City limits Staff proposed, because of the extensive nature of the revision, to delete Chapter 27, Article III, relating to taxicabs and create Article VI titled "Taxicabs, L~mouslnes, and Shuttles" The following is a synopsis of the major changes Operating Authority Part B establishes an annual operating authority permit reqmrement and a permit application fee for the company The revision establishes qualifications of the owner and provides for the suspension and revocation of the permit of an operating authority It also addresses permit revocation and reinstatement procedures Taxxcab~ Llmousxne, and Shuttle Driver's License Part C estabhshes a hcensmg reqmremant for a tamcab, limousine, or shuttle dr~ver and ehgxblhty quahficatlons for an mdxwdual to be licensed by the City to operate a vehxcle for h~re Th~s section has a dettuled hst of criminal and traffic conwct~ons that would preclude an xndxwdual from obtmmng a hcense Reasons a dr~ver's license may be revoked or suspended by the department and the appeal process dr~vers can use to get the hcense reinstated are also included m this sectxon Mxsc011aneous Holder and Driver Regulatxons Part D estabhshes the reqmrement of a driver dress code and criteria that must be ~ncluded such as the proh~bttxon of apparel d~splay~ng offensive language It also estabhshes the reqmrement of the keeping of certmn records by both the company and the driver Part D also establishes the reqmrements for hablhty ~nsurance The proposed ordinance w~ll require a combxned single hma of habxhty for bodily ~njury and property damage of not less that $500,000 for each occurrence for each motor vehicle used by the holder Service Regulations Part E estabhshes the reqmrement that a tax~cab company must prowde serwce to the entire c~ty, when the dr~ver can refuse a fare, passenger limitations, sollmtat~on of passengers, conduct of drivers, procedures for remrmng passengers property and the estabhshment and regulation of taxtcab stands Fares Part F estabhshes the procedure for the settxng of fares Thxs section also addresses the rate card d~splay, taxxmeter testing and fare collection procedures Vehx¢les and Eqmpment Part G estabhshes vehicle reqmrements and inspections Th~s section also estabhshes the reqmred equipment for a taxmab, marking of the vehicle and how rates are to be d~splayed Enforcement Part H prowdes for the enforcement of the ordinance w~th a fine not to exceed $500 for vlolat~ons of this Artxcle OPTIONS 1 The Council can adopt the proposed Chapter 27 Article IV titled "Taxicabs, Limousines, and Shuttles" as written 2 The Council can adopt the proposed Chapter 97 Article IV titled "Taxicabs, Limousines, and Shuttles" with revisions 3 The Council can choose not to adopt proposed Chapter 97 Artml¢ IV titled "Taxicabs, Limousines, and Shuttles" and direct staff to perform further research or work on the revisions RECOMMENDATION The proposed ordinance includes many additional areas that can be used to protect the safety and security of our citizens, such as the criminal history check of drivers and the new vehicle requirements Therefore, staff recommends Councd consider adoption of the ordinance as written PRIOR ACTION/REVIEW This proposed amendment to Chapter 27 "Vehicles for Hire" was presented to Council on January 23, 2001 Council gave staff direction to move forward with the ordinance The City Legal staff, in consultation with the Police Department, wrote the proposed ordinance The Legal Department has approved the ordinance as to form and coment FISCAL IMPACT The ordinance will not revolve any additional costs to the City Additional revenue may be realized by the City depending on the number of companies and vehicles licensed by the City The increased costs to the Taxicab Company will be minimal Respectfully submitted, Gary L Matheson Chief of Pohce Prepared by er[s?Ar;a Coordinator S \Our Documents\Ordmances\01XTaxt OrdmanceDenton doc ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 27 RE- LATING TO VEHICLES FOR HIRE BY DELETING ARTICLE III TITLED TAXICABS IN ITS ENTIRETY, CREATING ARTICLE VI TITLED TAXICABS, LIMOUSINES, AND SHUTTLES, PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, PROViD- iNG FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 That Chapter 27 "Vebacles for Hare" of the Code of Ordinances of Denton, Texas as hereby amended by deletang Artmle III of Chapter 27 tatled "Taxmabs" SECTION 2 That Chapter 27 "Vehmles for Hare" of the Code of Orthnances of Denton, Texas as hereby amended by ereatmg Artmle VI of Chapter 27 t~tled "Taxmabs, Lamoumnes, and Shuttles" to read as follows Chapter 27 ARTICLE VI TAXICABS, LIMOUSINES, AND SHUTTLES PART A GENERAL PROVISIONS Sec 27-151 Statementofpohcy Sec 27-152 General authority and duty of Darector Sec 27~153 Exclusaons Sec 27-154 Defm~taons PART B OPERATING AUTHORITY Sec 27-155 Operatang authority reqmred Sec 27-1'56 Transferabahty ofoperatang authority Sec 27-157 Annual permat reqmred, servace reqmrements Sec 27-158 Quahficataon for operating authority Sec 27-159 Apphcataon for annual permat Sec 27-160 Annual permit -Investlgataon ofapphcatmn and approval Sec 27-1.61 Temporary permat, apphcataon, purposes Sec 27-162 Recaprocal agreement Sec 27-163 Grant of permit Sec 27-164 Renewal ofarmual permit Denton City Code 1 S \Our Documents\Ordinances\01 \Tax~ OrdmanceDenton doc Sec 27-165 Amendment, suspension, and revocation of operating authority Sec 27-166 Permit fees Sec 27-167 Number of taxicabs authorized Sec 27-168 Special provisions of operating authority PART C TAXICAB, LIMOUSINE, AND SHUTTLE DRIVER'S LICENSE Sec 27-169 Taxicab, limousine, or shuttle driver's hcense required Sec 27-170 Qualification for taxmab, hmous~ne, or shuttle driver's license Sec 27~171 Apphcat~on, fee Sec 27-172 Investigation ofapphcatlon Sec 27-173 Issuance and demal Sec 27-174 Expiration of taxicab, limousine, or shuttle driver's license, vmdance upon sus- pension or revocation of state driver's hcense Sec 27-175 Prowslonal license Sec 27-176 Probationary hcense Sec 27-177 Duplicate license Sec 27-178 Dlsplayofhcense Sec 27-179 Suspension by designated representative Sec 27-180 Suspens~onandrevocatlon Sec 27-181 Appeal Sec 27-182 Falsifying of a hcense Sec 27-183 Current mmhng address ofhcensee PART D MISCELLANEOUS HOLDER AND DRIVER REGULATIONS Sec 27-184 Holder's and driver's duty to comply Sec 27-185 Holder's duty to enforce comphance by Drivers Sec 27-186 Driver as independent contractor Sec 27-187 Insurance Sec 27-188 Apparel to be worn by drivers Sec 27-189 Driver's dmly mamfest Sec 27-190 Holder's records and reports Sec 27-191 Taxicab monthly summary of meter readings PART E SERVICE REGULATIONS Sec 27-192 C~ty-w~de taxicab service required Sec 27-193 Representation ofavmlablhty oftaxmab Sec 27-194 Refusal to convey passengers by taxicabs Sec 27-195 Passenger limitations oftaxmabs Sec 27-196 Carry passengers by chrect route Denton City Code 2 S \Our Documents\Ordmances\01\Taxl OrdmanceDenton doc Sec 27-197 Sohc~tat~onofpassengers bytax~cabs Sec 27-198 Regulations for use of taxicab stands Sec 27-199 Conduct of drivers Sec 27-200 Return of passenger's property Sec 27-201 Estabhshment of tax,cab stands Sec 27-202 Serwee regulations for business estabhshments requesting taxicabs for customers PART F TAXICAB FARES Sec 27-203 Rates of tax,cab fares Sec 27-204 Display of rate card by tax~cabs Sec 27-205 Computation of fares for tax,cabs Sec 27-206 Design and testing of taximeters, fees Sec 27-207 Tax~eab fare collection procedures PART G VEHICLES AND EQUIPMENT Sec 27-208 False representation as taxicab Sec 27-209 Vehicle reqmrements and inspections Sec 27-210 Tax,cab age limits Sec 27-211 Required equipment for taxicabs Sec 27-212 Tax,cab color scheme and dlstmct~ve markings Sec 27-213 Reqmred tax~eab identification Sec 27-214 Taxicab d~splay receptacle Sec 27-215 Taxicab decals Sec 27-216 Not-for-h~re status of tax,cabs Sec 27-217 Removal of equipment from taxicabs PART H ENFORCEMENT Sec 27-218 Authority to inspect Sec 27-219 Removalofewdenceofauthonzat~on Sec 27-220 Enforcement by police department Sec 27-221 Correct~on order Sec 27-222 Service of not,ce Sec 27-223 Appeal Sec 27-224 Cnmlnal offenses Denton City Code 3 S \Our Documents\Ordmancesk01kTaxl OrdmanceDenton doc PART A GENERAL PROVISIONS SEC 27-151. STATEMENT OF POLICY It is the pohcy of the C~ty of Denton to prowde for and to promote adequate and efficient tax~cab, hmousme, and shuttle servme m the mty To this end, this chapter prowdes for the regu- lation of tax~cab, hmoumne, and shuttle rates and servmes, to be earned out in a manner that pro- tects the pubhc health and safety, promotes the pubhc convemence and necessity, and respects the concept of free enterpnse SEC 27-152 GENERAL AUTHORITY AND DUTY OF DIRECTOR. The director shall tmplement and enforce th~s chapter as he determines necessary to dis- charge tus duty under, or to effect the pohcy of tlus chapter SEC. 27-153. EXCLUSIONS Th~s chapter does not apply to (1) the transportation of a person by taxmab, hmouslne, or shuttle hcensed by another governmental entity from a point outside the mty to a destination ms,de the c~ty, ~f the tax,cab, hmouslne, or shuttle leaves the c~ty without recelwng a passenger m- s,de the mty, (2) a taxicab, hmousme, or shuttle service operated under state or federal authority unless the servme is subject to the city's regulatory authority, or (3) a motor vehmle used to transport persons for hire that is regulated by other c~ty ordmance SEC 27-154. DEFINITIONS The definition of a term m this section applies to each grammatical vanatmn of the term In th~s chapter, unless the context requires a different defimtlon (1) ALTERNATIVE FUEL means natural gas, hquefied petroleum gas, electricity, methanol or methanol/gasohne blends of 85 percent or greater, or ethanol or etha- nol/gasoline blends of 85 percent or greater (2) ANNUAL PERMIT means permission granted by the c~ty to a person to operate a tax~cab, hmous~ne, or shuttle service reside the c~ty for a period of one year, re- newable under the prowsmns of ttus chapter Denton City Code 4 S \Our Documents\Ordmances\01\Tax~ OrdlnanceDenton doc (3) CONVICTION means a conviction in a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned (4) DEPARTMENT means the department designated by the city manager to enforce and administer this chapter (5) DIRECTOR means the director of the department designated by the city manager to enforce and administer this chapter and includes representatives, agents, or de- partment employees designated by the director (6) DISPATCHING FACILITY means a fixed facility (A) at which requests for taxicab, limousine, or shuttle service are received, (B) from which drivers are notified, by radio or any other electronic commu- rotation system, of requests for taxicab, hmouslne, or shuttle service, and (C) to which drivers communicate, by radio or any other electronic commum- cation system, their avmlabihty to provide the requested taxicab, hmou- sine, or shuttle service Except when being operated from the permanent and established place of business reqtured under Section 27-159 of this chapter, the term does not ~nclude any facil- Ity from which the primary admimstratlve operations of the taxicab, hmousme, or shuttle service are conducted or at which taxicabs are parked, stored, repaired, or maintained (7) DRIVER means an individual who drives or operates a taxicab, limousine, or shuttle (8) HOLDER means a person who IS granted an annual permit under this chapter If the context In which the term IS used applies to operaUons under a temporary permit or reciprocal agreement the term "holder" includes a person who is granted a temporary permit or reciprocal agreement (9) LEGAL RESIDENT means a citizen of the United States or a person residing in the United States in accordance with federal immigration laws (10) LIMOUSINE means a motor vehicle that is a luxury sedan with a manufacturer's rated seating capacity of not more than 15 passengers that is used for the transpor- tation of persons from a location in the city to another location either inside or outside the city (11) OPERATE means to drive or to be in control of a tax,cab, limousine, or shuttle Denton City Code 5 S \Our Documents\Ordmances\01XTaxl OrdlnanceDenton doc (12) OPERATING AUTHORITY means an annual penmt, temporary permit, or recip- rocal agreement granted under this chapter (13) OPERATOR means the driver of a taxicab, limousine, or shuttle, the owner of a taxicab, limousine, or shuttle, or the holder of a taxicab, limousine, and shuttle operating authority (14) OWNER means the person to whom state license plates for a vehicle were issued (15) PERSON means an lndlwdual, corporation, government or governmental subdlw- sion, or agency, trust, partnership, or two or more persons having a joint or com- mon economic interest (16) RECII~ROCAL AGREEMENT means an agreement between the city and one or more political subdivisions to provide reciprocal operation of taxicabs, hmou- sines, or shuttles (17) SHUTTLE means a van-type motor vehicle that has a manufacturer's rated seat- mg capacity of not less than seven passengers and not more than fifteen passen- gers and is used for the transportation of persons from a location in the city to an- other location either inside or outside the city (18) TAXICAB means a chauffeured motor velucle with a rated passenger capacity of eight or less, used to transport persons for lure that typically operates on irregular routes, irregular schedules, and a call and demand basis, but not including limou- sines or special service vehicles (19) TAXICAB, LIMOUSINE, OR SHUTTLE DRIVER'S LICENSE means a license issued to an individual by the director authonzlng that person to operate a taxicab, lnnousme, or shuttle in the city (20) TAXICAB, LIMOUSINE, OR SHUTTLE SERVICE means a passenger transpor- tation service operated for hire that uses taxicabs, limousines, or shuttles in the operation of the service and includes (but is not limited to) a faclhty from which the service is operated, taxicabs, limousines, or shuttles used in the operation, and a person who owns, controls, or operates the service (21) TAXICAB STAND means a public place reserved exclusively for use by taxi- cabs (22) TAXIMETER means a device that mechanically or electronically computes a fare based upon the distance traveled, the time the taxicab is engaged, and any other basis for charges wluch are specified in the operating authority or rate ordinance pertaunng to the holder Denton City Code 6 S \Our Documents\Ordmances\Ol\Tam OrdmanceDenton doc (23) TEMPORARY PERMIT means permission granted by the city to a person to op- erate a tax,cab, hmousme, or shuttle service ~nslde the city for a specified period of time less than one year PART B OPERATING AUTHORITY SEC 27-155 OPERATING AUTHORITY REQUIRED (a) A person may not operate a taxicab, hmouslne, or shuttle service reside the c~ty without operating authority granted under flus chapter, nor may a person transport a passenger for hire inside the city by taxicab, hmousme, or shuttle unless the person driving the taxicab, hmous~ne, or shuttle or another who employs or contracts with the driver has been granted oper- ating authonty under flus chapter (b) A person shall not engage or hire a taxicab, limousine, or shuttle which he knows does not have operating anthonty from the city SEC. 27-156. TRANSFERABILITY OF OPERATING AUTHORITY (a) An annual permit may not be transferred to another unless the holder files a writ- ten apphcatlon for the transfer in the manner and contmnlng the information proscribed by the d~rector, and the transfer apphcat~on ~s approved by the director (b) A temporary permit or reciprocal agreement is not transferable SEC 27-157. ANNUAL PERMIT REQUIRED; SERVICE REQUIREMENTS (a) Before an annual permtt is granted, the application for the annual permit must be approved by the director The granting of an annual permit is in the dmeretlon of the d~rector, but will not be granted unless (1) the proposed taxicab, hmousme, or shuttle service is required by the public con- vemence and necesmy, and (2) the apphcant qualifies for operating authority under Section 27-158 of this chapter and is otherwme fit, wflhng, and able to operate the taxicab, hmous~ne, or shuttle service m accordance w~th the requirements of th~s chapter, roles and regulations of the director, prowslons of the annual permit, and other applicable law (b) The holder of an annual taxmab permit must prowde taxicab servme as specffied in the permit w~th a mlmmum of 3 taxmabs Denton City Code 7 S \Our Documents\Ordinances\01 \Taxi OrdmanceDenton doc SEC 27-158. QUALIFICATION FOR OPERATING AUTHORITY (a) To quahfy for operatmg authority, an apphcant must (1) be at least 19 years of age, (2) be currently authorized to work full-t~me ~n the Umted States, (3) be able to commtmmate m the Enghsh language, and (4) not have been conwcted or placed on probatxon or deferred adjudmat~on for a crime (A) tnvolwng 0) criminal homm~de as described ~n Chapter 19 of the Texas Penal Code, (n) k~dnappmg as descnbed ~n Chapter 20 of the Texas Penal Code, (in) a sexual offense as described ~n Chapter 21 of the Texas Penal Code, 0v) an assaultive offense as described xn Chapter 22 of the Texas Penal Code, other than a Class C mxsdemeanor, (v) robbery as described ~n Chapter 29 of the Texas Penal Code, (w) burglary as described ~n Chapter 30 of the Texas Penal Code, (w0 theft as described m Chapter 31 of the Texas Penal Code, but only xfthe wolat~on ~s pumshable as a felony, (wn) fraud as described xn Chapter 32 of the Texas Penal Code, 0x) tampermg wxth a governmental record as described xn Chapter 37 of the Texas Penal Code, (x) pubhc Indecency (prostitution or obscemty) as described ~n Chap- ter 43 of the Texas Penal Code, (x0 the transfer, car~mg, or possessmn of a weapon ~n wolatmn of Chapter 46 of the Texas Penal Code, but only if the wolatmn ~s pumshable as a felony, Denton C~ty Code 8 S \Our Documents\Ordmances\Ol\Tax~ OrdmanceDenton doc (xn) a violation of Chapter 483, Dangerous Drugs, of the Texas Health and Safety Code that is punishable as a felony, (xln) a violation of the Controlled Substances Act, Chapter 481 of the Texas Health and Safety Code that is punishable as a felony, or (XlV) criminal attempt to commit any of the offenses listed in Subdivi- sion (4)(A)(1) through (xnl) (B) for which 0) if the applicant was convicted for a misdemeanor offense, less than two years have elapsed s~nce the date of convmtlon or the date of release from confinement imposed for the conwcuon, whichever is the later date, (n) if the apphcant was placed on probation or deferred adjuthcatlon for a mmdemeanor offense, less than two years have elapsed since the date of successful completion of probation or deferred adJudi- cation, if the applicant was convicted for a felony offense, less than five years have elapsed since the date of conviction or the date of lease from confinement for the conviction or the date of release from parole, whichever is the later date, Ov) If the applicant was placed on probation or deferred ad3udmatlon for a felony offense, less than five years have elapsed since the date of successful completion of probation or deferred adludma- tlon, (v) less than five years have elapsed since the date of the last convm- tlon or the date of release from confinement for the last conviction, whichever is the later date, if, within any 24-month penod, the ap- phcant has two or more convictions of any misdemeanor offense or combination of misdemeanor offenses, or (vi) less than five years have elapsed s~nce the date of the successful completion of probation or deferred adjudication for the last of- fense, whichever is the later date, If, within any 24-month period, the applicant has been placed on probation or deferred adJudma- t~on two or more times for any misdemeanor offense or combina- tion of misdemeanor offenses Denton City Code 9 S \Our Documents\Ordmances\O 1 \Tax~ OrdmanceDenton doc (b) An applicant who has been sentenced for an offense listed ~n Subsection (a)(4), for whmh the required time period listed above has elapsed, may quahfy for operating authority only ~f the director determines that the apphcant ~s presently fit to prowde a pubhc transportation service and only if the offense or offenses the apphcant was sentenced for was not a felony of- fense listed m Subsection (a)(4)0)-(v0 In determining present fitness under th~s section, the rector shall consider the following (1) the extent and nature of the applicant's past criminal activity, (2) the age of the apphcant at the time of the cormmsslon of the crime, (3) the amount of time that has elapsed since the apphcant's last criminal actlwty, (4) the conduct and work actlmty of the applicant prior to and following the criminal activity, (5) ewdence of the apphcant's rehab~htatmn or rehab~htat~ve effort while incarcerated or following release, and (6) other evidence of the applicant's present fitness, including letters of recommenda- tion from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custorhal respons~b~hty for the apphcant, the sheriff and chief of pohce ~n the commumty where the applicant resides, and any other persons ~n contact with the apphcant (c) It ~s the respons~bthty of the apphcant, to the extent possible, to secure and pro- wde to the director the evidence reqmred to determine present fitness under Subsection (b) of this sectmn SEC 27-159 APPLICATION FOR ANNUAL PERMIT (a) To obtmn an annual penmt, a person shall make application to the director m the manner prescribed by this section The applicant must be the person who will own, control, or operate the proposed taxmab, hmous~ne, or shuttle service An applicant shall file w~th the d~rec- tor a written, verified apphcatlon statement, to be accompanied by a nonrefundable apphcatlon fee of $150, contmmng the following (1) the form ofbus~ness of the applicant and, ~f the business m a corporation or asso- ciation, a copy of the documents establishing the business and the name, address, and mt~zenslup of each person w~th a direct interest ~n the business, (2) the name, address, and venfied signature of the applicant, (3) an actual or pro forma statement and balance sheet showing the hablhtles, and eq- mty of the business, Denton City Code 10 S \Our Documents\Ordmances\Ol\Tam OrdmanceDenton doc (4) a description of any past bus~ness experience of the apphcant, particularly In pro- vtdlng passenger transportation services, and an Identification and description of any revocation or suspension of a permit held by the apphcant or business before the date of filing the apphcatlon (5) the number of vehicles and a description of the vehicles the applicant proposes to use In the operation of the taxicab, hmousine, or shuttle service, and a descnptlon of the operations of the proposed taxicab, limousine, or shuttle service and the lo- cation of the fixed faclhtles to be used ~n the operation, (6) if the applicant is seeking a taxmab annual permit, a description of the proposed lnslgma and color scheme for the apphcant's taxicabs and a descnptmn of the d~s- tmctlve item of apparel or item placed on the apparel to be worn by the appli- cant's taxicab drivers, (7) documentary evidence from an insurance company, authorized to do business in the State of Texas, tndlcatmg a willingness to provide liability Insurance required by this chapter, (8) documentary evidence of payment of ad valorem taxes on the property to be used m connection wlth the operation of the proposed taxicab, limousine, or shuttle service, (9) proof of a permanent and established place of business within the City of Denton, the location of which complies with thc Denton Development Code, from which the proposed taxicab, limousine, or shuttle service will be operated, whmh place of business may, but is not required to, include the dispatching facility for thc taxicab, limousine, or shuttle servmc, (10) such additional information as the applicant desires to include to md in the dcter- mmatlon of whether the requested operating authority should be granted, and (11) such additional information as the director considers necessary to asmst or pro- mote the implementation or enforcement of this chapter or thc protection of the public safety (b) A holder shall notify the director in writing of any change of address or change in ownership or management of a taxicab, limousine, or shuttle service not less than 10 days prior to the change (c) The established place of business required by Subsection (a)(9) of this section must be kept open from 9 00 a m to 5 00 p m weekdays, other than recogmzed holidays, and must be staffed and equipped to receive telephone calls dunng all business hours Denton City Code 11 S \Our Documents\Ord~nances\Ol\Tax~ OrdmanceDenton doc SEC 27-160 ANNUAL PERMIT - INVESTIGATION OF APPLICATION AND AP- PROVAL. (a) Upon receipt of an application for an annual permit the director shall conduct an investigation and make findings of fact concerning public convenience and necessity and other relevant factors, including, but not limited to (1) the number of taxicabs, limousines, or shuttles presently in operation in the city, (2) the public transportation needs of the city and the adequacy of existing transporta- tion services, including existing holders, to meet those needs, (3) whether existing holders can render the proposed additional taxicab, limousine, or shuttle service more efficiently or effectively than the applicant, (4) the effect of the proposed additional taxicab, limousine, or shuttle service on traf- fic conditions, taxicab drivers' working conditions and wages, and existing hold- ers and public mass transportation services, and (5) the character, experience, and fiscal responsibilities of the applicant (b) The appheant for an annual permit has the burden of proving that the pubhe con- vemence and necessity reqmre the proposed taxicab, limousine, or shuttle service and that the applicant ~s quahfied and financially able to provide the service proposed in the application SEC 27-161. TEMPORARY PERMIT, APPLICATION, PURPOSES (a) To obtain a temporary permit, a person shall make application to the director Upon receipt of an application for a temporary permit, the director shall give reasonable notice to all holders of his consideration of the application (b) After the director considers the application, the director may issue a temporary permit for the purposes of (1) providing supplemental services dunng periods of extraordinary demand, or (2) to assess the feasibility of new technology or services (e) A temporary permit is not renewable SEC 27~162 RECIPROCAL AGREEMENT Upon approval of the city council, the city manager may enter into a reciprocal agree- ment with one or more political subdivisions to provide reciprocal operation and mutual regula- Denton City Code 12 S \Our Documents\Ordinances\0 l~Tax~ OrdmanceDenton doc tton of tax~cab, llmous~ne, or shuttle servtces between the c~ty and other pohttcal subdivisions The d~rector shall g~ve all holders reasonable not~ce of when a reciprocal agreement ts to be constdered by the city council SEC 27-163 GRANT OF PERMIT. Upon approval of an apphcatton for an annual or temporary penmt by the director, the dtrector shall promptly ~ssue the permtt and ~ncorporate tn the permit the duration of the permit and such other terms or condtttons as the dtrector determines are necessary SEC 27-164 RENEWAL OF ANNUAL PERMIT (a) An annual permit ~s automattcally renewed unless the dtrector nottfies the holder, before the renewal date, of an mtent~on to recommend dental of the pcrmtt renewal based on a determlnat~on that (1) the holder is not in comphance wtth the permtt or apphcable prows~ons of thas code, department regulations, or other law, or (2) the holder does not quahfy for operating authority under SecUon 27-158 of th~s chapter or ~s otherwise not fit, willing, or able to conUnue to operate the taxacab, hmouslne, or shuttle servtce tn accordance w~th the permit and apphcable prow- saons of thts code, department regulaUons, and other law, or (3) pubhc eonvemence and necessity do not require the continued operation of the taxicab, hmouslne, or shuttle service (b) A holder des~nng a change in the terms or conditions of the permit must file w~th the dtrector, not fewer than 60 days before the permtt exptres, a written request stating reasons for the requested changes (c) M~nor changes may be made m a permtt by the dtrector (d) If the d~rector determmes that a dental of a permit renewal or matenal change tn the terms or conditions of the permit ~s reqmred by pubhc convemence and necessity, then he may deny renewal of the permit or make changes tn the terms or cond~ttons of the permtt A holder may request a change an the terms or conditions of hts permit and the director may grant the change ~f the change is required by pubhc convenience and necessity (e) If the permtt expires at no fault of the holder before a mhng on the approval or dental of the renewal, the holder may continue to operate the tax~cab, hmousme, or shuttle ser- vice pending a final decision The holder shall cease operation of the taxicab, limousine, or shut- tle servtce ~mmedmtely upon demal of the request for renewal by the d~rector Denton C~ty Code 13 S \Our Documents\Ord~nances\01\Tax~ OrdlnanceDenton doc (f) A holder may file an appeal of the director's decision not to renew a permit in accordance with Section 27-181 of this ordinance SEC 27-165. AMENDMENT, SUSPENSION, AND REVOCATION OF OPERATING AUTHORITY. (a) Suspension and revocation of permit The following regulations apply to the sus- pension or revocation of a temporary or annual penmt (1) The director may suspend or revoke a permit if the director determines that the holder (A) fmled to comply w~th a correction order issued to the holder by the direc- tor, w~thln the time specified in the order, (B) intentionally or knowingly ~mpeded the department or other law enforce- ment agency m the performance of ItS duty or execution of its authonty, (C) failed to comply with this chapter, (D) does not qualify for operating authority under Section 27-158 of this chap- ter, (E) has been convacted of a violation of another city, state, or federal law, which vaolation reflects unfavorably on the fimess of the holder to perform a public transportation service, (F) is under and~ctment for or has been convicted of any felony offense while holding taxicab, hmousine, or shuttle operating authority, (G) substantially breached the terms of the permit, (H) failed to pay e~ty ad valorem taxes on any property of the holder used di- rectly or lnthrectly in conneeuon with the taxicab, hmousme, or shuttle service, or (I) faaled to pay a permit fee at the time it was due (2) A suspension of a permit does not affect the expiration date of the permit (3) After revocation of a permit, a holder is not eligible for a permit for a period of two years (b) Reinstatement After suspension of a permit, a holder may file an appeal in ac- cordance with Section 27-181 of tins chapter The director shall inspect the operation of the sus- Denton C~ty Code 14 S \Our Documents\Ordmances\01\Tax~ OrdmanceDenton doc pended holder to determine if the deficiency causing the suspension has been corrected by the holder After inspection, the director shall submit his recommendation together with supporting facts to the city manager or his designee SEC 2%166. PERMIT FEES. (a) A holder of an annual permit shall pay the city a permit fee o£ $250 a year for each taxicab, limousine, or shuttle authorized by the permit or an amount stated m the permit The fee for a temporary permit is that which is stated in the permit A permit fee is payable in thc manner and at the time prescribed by the permit (b) If a holder of an annual permit is licensed by another governmental entity, the permit fee shall be reduced to $100 a year for each taxicab, limousine, or shuttle SEC 27-167. NUMBER OF TAXICABS AUTHORIZED The director may make stuches and surveys concerning the public convenience and ne- cessity and may, from trine to tune, prescribe the number of taxicabs authorized for, and operated by a holder in order to adequately provide taxicab service in the city SEC 27-168. SPECIAL PROVISIONS OF OPERATING AUTHORITY. Tlus chapter governs the operation of taxicab, limousine, or shuttle service under each form of operating authority This chapter, however, is not a limitation on the power of the city council to incorporate m a grant of operating authority special provisions relating to the opera- tlon of the taxicab, limousine, or shuttle service under the grant To the extent that a special pro- vision conflicts with this chapter, the special provision controls PART C TAXICAB, LIMOUSINE, AND SHUTTLE DRIVER'S LICENSE SEC 27-169 TAXICAB, LIMOUSINE, OR SHUTTLE DRIVER'S LICENSE RE- QUIRED. (~) A person may not operate a taxicab, limousine, or shuttle inside the city without a valid taxtcab, limousine, or shuttle driver's license issued to the person under this article, except when authorized m a reciprocal agreement (b) A holder or taxicab, hmousane, or shuttle owner may not employ or contract with a driver or otherwise allow a person to drive for hare a taxicab, limousine, or shuttle owned, con- trolled, or operated by the holder or taxicab, limousine, or shuttle owner unless the person has a valid taxicab, lanousme, or shuttle driver's license issued under this article, except when author- lzed in a recxprocal agreement Denton C~ty Code 15 S \Our Documents\Ordlnances\01\Tax~ OrdmanceDenton doc SEC. 27-170. QUALIFICATION FOR TAXICAB, LIMOUSINE, OR SHUTTLE DRIVER'S LICENSE. (a) To qualify for a taxicab, limousine, or shuttle driver's hcense, an applicant must (1) be at least 19 years of age, (2) be currently authorized to work full-t~me m the United States, (3) hold a vahd driver's hcense issued by the State of Texas, (4) be able to commumcate m the English language, (5) not be afflicted w~th a physical or mental d~sease or disability that ~s hkely to pre- vent the applicant from exerclsmg ordinary and reasonable control over a motor veluele or that is likely to otherwise endanger the public health or safety, (6) not have been convleted of more than four mowng traffic wolat~ons arising out of separate transactions, or involved m more than two automobile accidents ~n which ~t could be reasonably determined that the appheant was at fault, within any 12- month period dunng the preceding 36 months, (7) not have been convicted or placed on probation or deferred adjudication for a crime (A) ~nvolvmg (1) criminal homicide as described ~n Chapter 19 of the Texas Penal Code, k~dnapp~ng as described m Chapter 20 of the Texas Penal Code, (m) a sexual offense as described in Chapter 21 of the Texas Penal Code, 0v) an assaultive offense as described m Chapter 22 of the Texas Penal Code, other than a Class C m~sdemeanor, (v) robbery as described m Chapter 29 of the Texas Penal Code, (vi) burglary as described in Chapter 30 of the Texas Penal Code, (vii) theft as described an Chapter 31 of the Texas Penal Code, but only if the violation ~s punishable as a felony, Denton City Code ! 6 S \Our DocumentsXOrdmancesX01\Taxl OrdmanceDenton doc (VlU) fraud as described in Chapter 32 of the Texas Penal Code, 0x) tampenng with a governmental record as described m Chapter 37 of the Texas Penal Code, (x) public indecency (prostitution or obscemty) as described in Chap- ter 43 of the Texas Penal Code, (x0 the transfer, carrying, or possession of a weapon in violation of Chapter 46 of the Texas Penal Code, but only if the violation is pumshable as a felony, (xu) a violation of Chapter 483, Dangerous Drugs, of the Texas Health and Safety Code that is punishable as a felony, (xni) a vlolatlon of the Controlled Substances Act, Chapter 481 of the Texas Health and Safety Code that is pumshable as a felony, or (xlv) criminal attempt to commit any of the offenses listed in Subdivi- sion (7)(A)(0 through (xm) of this subsection, (B) for winch 0) if the applicant was convicted for a misdemeanor offense, less than two years have elapsed since the date of conviction or the date of release from confinement ~mposed for the conviction, whichever is the later date, (u) if the applicant was placed on probation or deferred adjudication for a m~sdemeanor offense, less than two years have elapsed smce the date of successful completion of probation or deferred adjudi- cation, (111) If the applicant was convicted for a felony offense, less than five years have elapsed since the date of conmctlon or the date of re- lease from confinement for the conviction or the date of release from parole, whichever is the later date, 0v) if the apphcant was placed on probation or deferred adjudmatlon for a felony offense, less than five years have elapsed since the date of successful completmn of probation or deferred adjudma- tlon, (v) less than five years have elapsed since the date of the last convm- tlon or the date of release from confinement for the last conviction, Denton City Code 17 S \Our Documents\Ord~nances\Ol\Tam OrdlnanceDenton doc whichever is the later date, lf~ w~thln any 24-month penod, the ap- phcant has two or more conwct~ons of any mmdemeanor offense or combination of m~sdemeanor offenses, or (w) less than five years have elapsed s~nce the date of the successful completion of probation or deferred adjudication for the last of- fense, whmhever is the later date, fi, w~thln any 24-month period, the applicant has been placed on probation or deferred adjudication two or more times for any m~sdemeanor offense or combination of misdemeanor offenses, (8) not have been conwcted of, or discharged by probatmn or deferred adjudication for, driving whale ~ntoxmated (A) w~th~n the preceding 12 months, or (B) more than one t~me within the preceding ten years, (9) not be addicted to the use of alcohol or narcotms, (10) be subject to no outstanding warrants of arrest, (11) be samtary and well-groomed in dress and person m compliance w~th Section 27- 188(a) o f tins chapter, (12) have a vahd con~act w~th or be currently employed by a holder, and (13) have successfully completed w~thm the preceding 12 months a defensive driving course approved by the National Safety Councd and be able to present proof of completion (b) An apphcant who has been sentenced for an offense hsted m Subsectmn (a)(7) or (8), for whmh the reqmred t~me period prowded by th~s ordinance has elapsed, may qualify for a taxmab, hmouslne, or shuttle driver's hcense only ffthe director determines that the apphcant is presently fit to engage ~n the occupation ora tax~cab, hmous~ne, or shuttle driver In determ~mng present fitness under th~s section, the director shall consider the following (1) the extent and nature of the apphcant's past criminal act~wty, (2) the age of the apphcant at the time of the commlssmn of the crime, (3) the amount of time that has elapsed s~nce the apphcant's last criminal act~wty, (4) the conduct and work act~wty of the apphcant prior to and following the criminal activity, Denton C~ty Code 18 S \Our Documents\Ordmances\01\Tam OrdmanceDenton doe (5) evidence of the apphcant's rehablhtat~on or rehabthtattve effort while incarcer- ated or followmg release, and (6) other ewdence of the apphcant's present fitness, ~nclud~ng letters of recommenda- tion from prosecutmn, law enforcement, and correctional officers who prosecuted, arrested, or had custodml respons~b~hty for the apphcant, the sheriff and chief of pohce in the commumty where the apphcant resides, and any other persons m contact w~th the apphcant (c) It is the responslb~hty of the apphcant, to the extent possible, to secure and pro- wde to the d~rector the ewdence reqmred to determane present fitness under Subsection (b) of this sectmn and under Section 27-176(a) ofth~s article SEC 27-171. APPLICATION; FEE. To obtmn a tax~cab, hmousme, or shuttle driver's hcense or renewal of a taxmab, hmou- sine, or shuttle driver's license, a person must file with the department a nonrefundable apphca- tmn fee orS10 and a completed written apphcatlon on a form promded for the purpose The d~- rector shall require each apphcat~on to state such mformatton as he considers necessary to deter- m~ne whether an applmant ~s quahfied SEC 27-172. INVESTIGATION OF APPLICATION (a) For the purpose of determining quallficat~on under Section 27-170(a)(5), the d~- rector may reqmre an apphcant to submit to a phystcal examination at apphcant's expense con- ducted by a hcensed physlcmn and to furnish to the d~rector a statement from the physician which certffies that the physm~an has examined the apphcant and that m the physlc~an's profes- smnal op~mon the apphcant ~s qualified under Section 27-170(a)(5) (b) Upon request of the d~rector, the pohce department shall ~nvest~gate each apph- cant and furmsh the director a report concerning apphcant's quahficat~on under Section 27- 170(a)(7). The mummpal court shall furnish the d~rector a copy of the apphcant's motor vehicle driving record and a hst of any warrants of arrest for the apphcant wluch might be outstanding (c) The director may conduct such other mvest~gatlon as he considers necessary to determine whether an applicant for a tax,cab, hmouslne, or shuttle driver's hcense is qualffied SEC 27-173. ISSUANCE AND DENIAL. (a) If the director detenmnes that an apphcant ~s quahfied, the thrector shall ~ssue a hcense to the apphcant (b) The director shall delay unt~l final adjudlcat~on the approval of the appllcatmn of any applicant who ~s under lndmtment for or has charges pending for Denton City Code 19 S \Our DocumentskOrdmances\Ol\Tax~ OrdmanceDenton doc (1) any offense listed in Section 27-170(a)(7)(A), or criminal attempt to commit any &those, or (2) any offense involving driving while intoxicated (c) The director may deny the application for a taxicab, limousine, or shuttle driver's license if the apphcant (1) is not qualified under Section 27-170, (2) refuses to submit to or does not pass a medical or written examination authorized under Section 27-172, (3) makes a false statement of a matenat fact ~n his application for a taxicab, hmou- sine, or shuttle driver's license (d) If the director determines that a license should be demed the applicant, the chrec- tor shall notify the apphcant m writing that his application is demed and include in the notice the reason for demal and a statement mfonmng the applicant of his right of appeal m accordance w~th Section 27-181 ofth~s chapter SEC. 27-174. EXPIRATION OF TAXICAB, LIMOUSINE, OR SItUTTLE DRIVER'S LICENSE; VOIDANCE UPON SUSPENSION OR REVOCATION OF STATE DRIVER'S LICENSE. (a) Except m the case of probationary and provisional licenses, a taxicab, limousine, or shuttle dnver's license expires two years from the date of issuance (b) If a licensee's state driver's hcense is suspended or revoked by the state, his taxi- cab, hmousme, or shuttle driver's heense automatically becomes void A licensee shall notify the director and the holder for whom he drives within three days ora suspension or revocation of his driver's license by the state and shall ~mmedlately surrender his taxacab, hmousme, or shuttle driver's hcense to the director SEC 27-175. PROVISIONAL LICENSE (a) The director may issue a provisional taxicab, hmousme, or shuttle driver's license if he determines (1) that the number of taxicab, limousine, or shuttle drivers is inadequate to meet the ctty's need for taxicab service, in which case he may issue the number necessary to meet the need, or Denton City Code 20 S \Our Documents\Ordinances\0 l~Taxt OrdmanceDenton doc (2) that ~t as necessary pending completion of investigation of an apphcant for a taxa- cab, hmousme, or shuttle driver's hcense (b) A prowsmnal taxicab, llmous~ne, or shuttle driver's hcense expires on the date shown on the hcense, not to exceed 45 days fi.om the date of issuance, or upon the apphcant's being demed a taxmab, hmous~ne, or shuttle driver's hcense, whichever occurs first (c) The director shall not ~ssue a prows~onal hcense to a person who has been prew- ously demed a tax,cab, hmous~ne, or shuttle driver's hcense (d) The d~rector may ~ssue a provlsmnal license to a person holding a state driver's hcense SEC 27-176 PROBATIONARY LICENSE. (a) The d~rector may ~ssue a probationary tax~cab, hmous~ne, or shuttle driver's h- cense to an apphcant who ~s not quahfied for a taxmab, hmous~ne, or shuttle driver's hcense un- der Section 27-170 ~fthe apphcant (1) could quahfy under Section 27-170 for a taxmab, hmous~ne, or shuttle driver's h- tense w~thm one year fi:om the date of apphcanon, (2) holds a vahd state driver's hcense or occupational driver's hcense, and (3) ~s determined by the d~rector, using the cntena hsted ~n Section 27-170(b) of thru artmle, to be presently fit to engage ~n the occupation of a taxmab, hmousme, or shuttle driver (b) A probationary taxmab, hmous~ne, or shuttle dnver's hcense may be ~ssued for a period not to exceed one year (c) The d~rector may prescnbe appropriate terms and conditions for a probatmnary tax~cab, hmousme, or shuttle driver's hcense as he determines are necessary SEC 27-177 DUPLICATE LICENSE If a taxmab, hmousme, or shuttle dnver's hcense ~s lost or destroyed, the d~rector shall ~ssue the lmensee a duphcate hcense upon payment to the mty ofa duphcate hcense fee of $10 SEC 27-178. DISPLAY OF LICENSE A tax~cab driver shall at all t~mes conspmuously d~splay a taxicab driver's hcense on the clothing of the driver's upper body A taxmab, hmous~ne, or shuttle driver shall allow the d~rec- tor or a peace officer to examine the driver's tax~cab, hmouane, or shuttle driver's hcense upon request Denton City Code 21 S \Our Documents\Ordmances\01\Tax~ OrdmanceDenton doc SEC 27-179 SUSPENSION BY DESIGNATED REPRESENTATIVE (a) If a representative designated by the director to enforce th~s chapter detenmnes that a licensee has failed to comply w~th th~s chapter (except Section 27-170) or a regulation es- tabhshed under this chapter, the representative may suspend the tax,cab, limousine, or shuttle driver's license for a period of time not to exceed three days by personally serving the licensee w~th a written notice of the suspension The written not,ce must include the reason for suspen- sion, the date the suspension begins, the duration of the suspension, and a statement mformmg the hcensee ofh~s right of appeal m accordance with subsection (b) and (c) ofth~s section (b) A suspension under this section may be appealed to the director or his assistant if the licensee requests an appeal at the t~me the representative serves not~ce of suspension When appeal is requested, the suspension may not take effect until a heanng ~s provided by the director or his assistant (c) The director may order an expedited heanng under this section, to be held as soon as possible aiter the licensee requests an appeal The d~rector may affirm, reverse, or modify the order of the representative The decision of the director is final SEC 27-180. SUSPENSION AND REVOCATION (a) If the director determines that a licensee has failed to comply with th~s chapter (except Section 27~170) or a regulataon estabhshed under this chapter, the d~rector may suspend the taxicab, hmousme, or shuttle driver's license for a definite period of time not to exceed 60 days (b) If at any time the director determines that a hcensee is not qualified under Section 27~170, or is under indictment or has charges pendmg for any offense involving driving while ~ntox~eated or any offense revolving a cnme described in Section 27-170(a)(7)(A) or criminal attempt to commit any of those offenses, the d~rector shall suspend the taxicab, limousine, or shuttle driver's heense until such time as the director determines that the licensee is qualified or that the charges agmnst the hcensee have been finally adjudicated (e) A licensee whose taxicab, hmous~ne, or shuttle driver's license ~s suspended shall not drive a taxicab, hmousme, or shuttle ~ns~de the c~ty dunng the period of suspension (d) ' The director shall notify the licensee and the holder an wntmg of a suspension un- der th~s section and include in the not,ce the reason for the suspension, the date the d~rector or- ders the suspension to beg~n, the duralaon of suspension or ff ~t is under SubseeUon (b), and a statement lnformmg the licensee ora right of appeal The period of suspension begins on the date specified by the dxrector or, ~n the case of an appeal, on the date ordered by the appeal heanng officer Denton City Code 22 S \Our Documents\Ordmances\O l\Tax~ Ord~nanceDenton doc (e) The darector may revoke a taxicab, hmousane, or shuttle dnver's hcense af the rector determines that the hcensee (1) operated a taxacab, hmouslne, or shuttle ansade the caty a period an whach the taxa- cab, hmouslne, or shuttle driver's hcense was suspended, (2) made a false statement of a matenal fact an an apphcatmn for a taxmab, hmousane, or shuttle driver's hcense, (3) engaged m conduct that constitutes a ground for suspension under Subsectmn (a), and receaved eather a suspensaon an excess of three days or a convmtmn for wola- taon of this chapter, two tames wathan the 12-month period precedang the occur- rence of the conduct or three tames wathln the 24-month period precedang the oc- currence of the conduct, (4) engaged in conduct that could reasonably be determined to be detrimental to the public safety, (5) failed to comply wath a conchtaon of a probataonary permit, or (6) was convacted of any felony offense while holdang a taxmab, hmoumne, or shuttle driver's hcense (f) A person whose taxacab, lanousane, or shuttle driver's hcense as revoked shall not (1) apply for another taxacab, hmousme, or shuttle driver's hcense before the exp~ra- taon of 12 months from the date the darector revokes the hcense or, an the case of an appeal, the date the appeal heanng officer affirms the revocataon, or (2) drive a taxmab, hmousme, or shuttle msade the city (g) The darector shall notify the hcensee an writing of a revocataon and ~nclude an the not~ce the reason for the revocataon, the date the &rector orders the revocataon, and a statement anformang the hcensee of his right of appeal (h) After receapt of notme of suspension, revocation, or denial of hcense renewal, the licensee shall, on the date spemfied m the notace, surrender has taxmab, hmous~ne, or shuttle danver's hcense to the darector and dascontmue dnwng a taxmab, hmousme, or shuttle ansade the mty 0) Notwathstandmg Subsectaons (c) and (h), afthe hcensee appeals the suspensmn or revocation under this sectaon, the hcensee may continue to drive a taxicab, hmousme, or shuttle pending the appeal unless Denton C~ty Code 23 S \Our Documents\Ordmances\01\Tax~ Ord~nanceDenton doc (1) the taxicab, hmouslne, or shuttle driver's hcense of the licensee ~s suspended pur- suant to Subsection (b) or revoked pursuant to Subsection (e)(6) of thas sectmn, or (2) the director determines that continued operation by the licensee would impose an lmmed~ate threat to public safety SEC 27-181 APPEAL (a) A person may appeal the following decisions of the darector ~f he requests an ap- peal in writing and delivers ~t to the mty manager not more than 10 business days after rece~wng notice of the d~rector's action (1) a demal of an apphcataon for a permit, (2) a suspension or revocation of a permit, (3) a demal of renewal of annual permit, (4) demal of a tax~cab, hmousme, or shuttle driver's license apphcat~on, (5) suspension of a taxicab, limousine, or shuttle driver's license under Section 27- 180, or (6) revocation of a taxicab, hmouslne, or shuttle driver's hcense (b) The city manager or has designated representative shall act as the appeal heanng officer ~n an appeal heanng under thas section The heanng officer shall give the appealing party an opportumty to present ewdence and make argument ~n has behalf The formal rules of evi- dence do not apply to an appeal heanng under this section, and the heanng officer shall make his ruhng on the bas~s of a preponderance of the ewdence presented at the heanng (c) The heanng officer may affirm, modify, or reverse all or part of the action of the d~rector being appealed The decision of the heanng officer ~s final SEC 27-182 FALSIFYING OF ALICENSE A person commits an offense ~fhe (1) forges, alters, or counterfeits a taxmab, hmousme, or shuttle driver's license, badge, sticker, or emblem reqmred by law, or (2) possesses a forged, altered, or counterfeited taxicab, limousine, or shuttle driver's license, badge, sticker, or emblem required by law Denton City Code 24 S \Our Documents\Ordmances\01\Tax~ OrdmanceDenton doc SEC 27-183. CURRENT MAILING ADDRESS OF LICENSEE An Individual ~ssued a tax~cab, hmouslne, or shuttle driver's hcense shall maintain a cur- rent malhng address on file wnh the d~rector The hcensee shall notify the d~rector of any change m th~s ma~hng address w~thm five business days of the change PART D MISCELLANEOUS HOLDER AND DRIVER REGULATIONS SEC 27-184 HOLDER'S AND DRIVER'S DUTY TO COMPLY. (a) Holder In the operation of a tax~cab, hmousme, or shuttle service, a holder shall comply with the terms and conditions of the holder's operating authonty and, except to the ex- tent expressly provided otherwise by the operating authonty, shall comply w~th th~s chapter, regulations estabhshed under this chapter, and other law applicable to the operation of a tax~cab, hmousme, or shuttle service (b) Driver While on duty, a driver shall comply with th~s chapter, regulations estab- hshed under this chapter, other law applicable to the operation of a motor velucle ~n thts state, and orders ~ssued by the holder employing or contracting w~th the driver m connection with the holder's d~scharglng of its duty under ~ts operating authonty and this chapter SEC 27-185 HOLDER'S DUTY TO ENFORCE COMPLIANCE BY DRIVERS (a) A holder shall establish pohcy and take action to discourage, prevent, or correct wolatlons of tins chapter by drivers who are employed by or contracting with the holder (b) A holder shall not permit a driver who is employed by or contracting with the holder to drive a taxicab, lnuouslne, or shuttle if the holder knows or has reasonable cause to suspect that the driver has faaled to comply with this chapter, the rules and regulations estab- hshed by the director or other apphcable law SEC 27-186 DRIVERAS INDEPENDENT CONTRACTOR (a) A holder may contract w~th a driver on an ~ndependent-contractor bas~s, but only if the contract (1) provides that the holder shall lndemmfy the city and hold the c~ty harmless for a clmm or cause of action against the city arising from conduct of the driver, (2) provides that the driver is insured under the holder's fleet insurance policy, and (3) imposes a condition that the driver must comply w~th this chapter and prowdes that failure to comply may be considered by the holder as a material breach of the contract Denton C~ty Code 25 S \Our Documents\Ordmances\01\Tax~ OrdmanceDenton doc (b) The form of the contract between a holder and driver must be approved by the dtrector The director may disapprove a contract form if he determines that the contract is incon- sistent wtth this chapter, regulattons established under this chapter, or other appheable law A holder may not use a contract that has been disapproved by the director SEC. 27-187 INSURANCE. (a) A holder shall procure and keep m full force and effect automobile habfllty insur- ance written by an insurance company that (1) is approved by the State of Texas, (2) as acceptable to the ctty, (3) is rated A- or better, wtth a financtal size of Class VI or tugher, by A M Best or has an eqmvalant rating l~om another insurance ratmg service approved by the city, unless the insurance company is retnsured for the full tnsurance required un- der tlus section by another insurance company that meets all of the ratmg re- quirements of tbas paragraph and all other reqmrements of Paragraphs (1), (2), and (4) of tins subsection and provides a right of direct acUon against the reinsurer by any person entitled to claimed msurance benefits agmnst the primary insurance company m the event the primary insurance company does not pay any valid claim, and (4) does not violate operattonal control prohibmon described tn Subsectton (a) of tins section (b) The msurance must be issued tn the standard form approved by the Texas De- partment of Insurance, and all provtstons of the pohcy must be acceptable to the city The sured provtstons of the policy must name the ctty and its officers and employees as addlttonal tnsureds, and the coverage provisions must provide coverage for any loss or damage that may arise to any person or property by reason of the operation of a taxicab, hmoumne, or shuttle ser- vice by th~ holder (c) The automobile liability insurance must pmwde combmed single hmtts of liabil- ity for bodily injury and property damage of not less than $500,000 for each occurrence, or the eqmvalent, for each motor vehicle used by the holder Aggregate hmlts of habfltty are prohtb- tted (d) If a vehtcle is removed from servtce, the holder shall mtuntmn the msurance cov- erage req¢~red by this section for the vehicle until the director receives satisfactory proof that all evidence of operatton as a tamcab, hmousme, or shuttle has been removed from the vehicle (e) Insurance required under this section must include Denton City Code 26 S \Our Documents\Ordmances\01\Taxi OrdmanceDenton doc (1) a cancellation provision in which the insurance company is required to notify the director in writing not fewer than 30 days before canceling or making a material change to the insurance pohcy, (2) a provision to cover all vehicles, whether owned or not owned by the holder, op- erated under the holder's operating authority, and (3) a provision requiring the insurance company to pay every claim on a first-dollar basis (f') Insurance required by tins section may be obtained from an assigned risk pool If all of the policies and coverages are managed by one agent, and one certificate of insurance is issued to the c~ty (g) Operatmg authority will not be granted or renewed unless the applicant or holder furnishes the director w~th such proof of insurance as the director considers necessary to deter- mine whether the apphcant or holder is adequately insured under this section (h) If the insurance of a holder lapses or as canceled and new insurance IS not ob- tamed, the director shall suspend the operating authority until the holder provides evidence that insurance coverage required by this section has been obtained A person shall not operate a pas- senger transportation service while operating anthonty is suspended under ti'ns section whether or not the action ~s appealed A $100 fee must be paid before operating authority suspended der th~s section will be reinstated (1) No person with any d~rect or indirect ownership interest m the holder's tax~cab, limousine, or shuttle service may have any operational control, direct or mdsrect, ~n any insur- ance company that provides insurance required by this section to the tax,cab, lnnouslne, or shut- tle service For purposes of th~s subsection, "operational control" means holding any manage- ment position with the insurance company (including, but not limited to, the chief executive offi- cer, the president, any vlee-pres~dent, or any person in a decision-making poslt~on with respect to insurance claims) or having the right to control the actions or decisions of any person in such a management position ~n the insurance company SEC 27-188 APPAREL TO BE WORN BY DRIVERS (a) Each holder shall have company dress standards for drivers employed by or con- tractmg w~th the holder These standards must be kept on file with the director and must include the following (1) A driver may not wear (A) cut-offs or shorts, Denton City Code 27 S \Our Documents\Ordmances\Ol\Tax~ OrdmanceDenton doc (B) apparel with offensive or suggestive language, (C) tank tops or halter tops, or (D) outer apparel made of fishnet or undergarment material (2) Shoes must be worn at all times m the manner for which they were designed A driver may not wear shoes or sandals wathout socks or hosiery and may not wear beach or shower thongs (3) A driver and the dnver's clothing must conform to basic standards of hygaene and be neat, clean, and samtary at all times (4) A driver's hair must be clean and neatly groomed Facial hoar must be neatly trimmed (b) While on duty, a draver shall wear the item specified by the holder who employs or contracts with the driver and shall comply with such other ~dentlficatlon regulations pre- scribed by the holder's operating authonty SEC 27-189 DRIVER'S DAILY MANIFEST (a) Each holder shall provide its dnvers with forms, approved by the director, for moantamlng a doaly manifest The form must include appropriate spaces for recording (1) vehicle number, driver's name, date, hours of operation, total miles, paid miles, umts, tnps, extras, and if the vehicle is a taxicab, the meter number, (2) time, place, origin, and destination, (3) number of passengers and amount of fare and other charges, and (4) other reformation required by the director to and in the discharge of his duties (b) Each driver shall complete a manifest on a separate form for each tour of duty The driver shall provide the information required by the form and shall record the information with regard to trips at the end of each tnp The holder shall moantmn the manifest forms and al- low the director to inspect the forms upon request The holder shall provide copies of the mam- fest forms to the director if requested SEC 27-190 HOLDER'S RECORDS AND REPORTS (a) Each holder shall moantatn at a single location business records of its taxicab, hmousme, or shuttle service The method used in moantoamng the records must be approved by the director, and the darector may require maintenance of certain records which he determines are Denton City Code 28 S \Our Documents\Ordxnances\01\Tax~ OrdmanceDenton doc necessary for momtonng the act~mtles, operations, servtce, and safety record of a holder A holder shall make its records avmlable for inspection by the director at reasonable times upon request (b) Each holder shall submit to the d~rector such annual and monthly reports concern- ing its taxicab, hmousme, or shuttle service as the director determines necessary to evaluate the holder's operations A holder shall submit a monthly report of gross receipts ~n a form approved by the d~rector SEC 27-191. TAXICABS MONTHLY SUMMARY OF METER READINGS. (a) A holder, owner, or driver shall obtmn forms from the director for mmntmmng a monthly summary of meter readings for each taxicab operating under a holder's authority The form must include appropriate spaces for recording (1) taxmab number, (2) driver's name, (3) date, (4) meter number, (5) total miles, (6) prod rmles, (7) units, (8) trips, (9) extras, and (10) other ~nformatmn required by the director (b)A holder, owner or driver of a tax~cab shall prowde all ~nformatlon required by the roma A separate form must be completed for each taxicab A holder, owner, or driver shall return completed forms to the d~rector once a month, or as otherwise reqmred by the director PART E SERVICE REGULATIONS SEC. 27-192. CITY-WIDE TAXICAB SERVICE REQUIRED (a) Except as otherwise provided by the holder's operating authority, a holder shall Denton City Code 29 S \Our Doeuments\Ordmances\01\Tax~ OrdmanceDenton doc (1) prowde taxicab service to the general public to and from any point inside the city that is accessible by pubhc street, except that this provision does not require a holder to subj eot a taxicab to mob violence or destmcUon, (2) answer each call received for service mslde the city as soon as practicable, and if the service cannot be rendered within a reasonable time, the holder shall inform the caller of the reason for the delay and the approximate time required to answer the call, and (3) malntmn a single station for the purpose of receiving calls and dispatching taxi- cabs that is operational 18 hours each day SEC. 2%193. REPRESENTATION OF AVAILABILITY OF TAXICAB. A driver may not represent that his taxicab is engaged when it IS m fact vacant or vacant when it is in fact engaged SEC. 2%194. REFUSAL TO CONVEY PASSENGERS BY TAXICABS (a) Wlule operating a taxicab a driver shall not refuse to convey a person who re- quests service unless (1) the person ~s disorderly, (2) the driver is engaged in answenng a previous request for service, (3) the driver has reason to believe that the person is engaged in unlawful conduct, or (4) the driver is in fear of his personal safety (b) While operating a taxicab, a driver shall not refuse service requested by a radio dispatch when the location for p~ck up is within a reasonable distance from the location of the taxicab SEC 27-195. PASSENGER LIMITATIONS OF TAXICABS. (a) While operating a taxicab a driver on duty may carry only a person who is a pay- mg passenger, unless the passenger is an employee of the taxicab service that employs or con- tracts wl~h the driver, a governmental inspector acting in an official capacity, or unless it ~s au- thorized by the holder's operating authonty (b) A driver may not carry at the same time more passengers than the designed seat- lng capacity of the taxicab Denton City Code 30 S \Our Documents\Ordlnances\Ol\Tam OrdmanceDenton doc (c) The d~rector may estabhsh rules governing passenger hm~tat~ons, as illustrated by, but not hm~ted to, cab-shanng, cab-poohng, and numbers of passengers w~th different destina- tions SEC 27-196 CARRY PASSENGERS BY DIRECT ROUTE A driver shall carry a passenger to bls destination by the most d~rect and exped~tmus route avmlable unless otherwise d~rected by the passenger SEC 27-19'7 SOLICITATION OF PASSENGERS BY TAXICABS A driver may not sohc~t passengers (1) from a locataon other than the driver's compartment or the ~mmed~ate wmmty of the driver's tax,cab, (2) ~n a way that annoys or obstructs the movement of a person, (3) by paying an employee of another bus~ness to sohc~t passengers for or g~ve pref- erentml treatment ~n d~rectmg passengers to the driver's taxmab, or (4) w~thout using a taxmab stand at a location where a tax~cab stand exists SEC 2%198. REGULATIONS FOR USE OF TAXICAB STANDS. (a) Wlule using a taxmab stand, a driver shall not (1) go beyond 25 feet ofh~s taxmab except to assmt a passenger as reasonably neces- sary after being engaged, (2) interfere w~th the orderly progressmn of taxmabs from the rear to the front of the taxmab stand, (3) perform or allow to be performed repmrs or maintenance on a tax~cab while parked on the taxmab stand, (4) assign or sell h~s posmon ~n a taxmab stand to another, or (5) ~nterfere w~th a taxmab entenng a taxmab stand on which there ~s a vacant space (b) A person shall not park a taxmab on a tax~cab stand unless the tax~cab ~s for h~re (c) A taxmab left unattended ~n a taxmab stand ~s illegally parked and may be re- moved from the tax~cab stand and unpounded as provtded ~n Chapter 18 of tlus code Denton City Code 31 S \Our Documents\Ord~nances\Ol\Tax~ Ord~nanceDenton doc SEC. 27-199. CONDUCT OF DRIVERS. A driver shall (1) act ~n a reasonable, prudent, and courteous manner, (2) mmntam a sanitary and well-groomed appearance ~n comphance w~th Section 27- 188(a) ofth~s chapter, (3) not respond to a radio dispatch call assigned to another driver, (4) not consume an alcohohe beverage, drug, or other substance that could adversely affect the dnver's ability to drive a motor vehicle, (5) not momtor the racho frequency of a tax,cab, hmousme, or shuttle company other than the dnver's own nor respond to a call for service d~spatched to another tax~- cab, hmousme, or shuttle, (6) not possess a racho capable of reeexwng the frequency of a tax~cab, hmousme, or shuttle company, other than the dnver's own, (7) not interfere w~th the director ~n the performance of the dxrector's duties, and (8) comply wtth lawful orders of the director ~ssued ~n the performance offus duties SEC 27-200 RETURN OF PASSENGER'S PROPERTY. (a) Upon finding property ~n a tax~cab, hmous~ne, or shuttle, left by a passenger, the driver shall lmmedmtely return the property to the owner However, ~fthe driver is unable to lo- cate the owner or if the driver does not know the ~dent~ty or whereabouts of the owner, the driver shall, w~thm a reasonable tame, dehver the property to the holder who employs or contracts w~th the driver, (b) Upon return of property to the owner or delivery of property to the holder, the driver shall prepare a written report stating the description of the property, the identity of the owner ~f known, the date the property was left in the tax~cab, hmouslne, or shuttle, the carcum- stances relating to the loss, and the tax,cab, hmousme, or shuttle number The holder shall keep the report on file for at least one year and shall hold the property for not less than three months SEC 27-201. ESTABLISHMENT OF TAXICAB STANDS (a) Subject to the approval of the d~rcctor, the traffic engineer may estabhsh tax~cab stands of such character, number, and location as he determines are required by the public con- vemence and necessity Denton C~ty Code 32 S \Our Documents\Ordmances\O l\Taxl OrdmanceDenton doc (b) A holder deslnng the estabhshment of a tax~cab stand must file a written request with the director and the traffic engineer SEC 27-202. SERVICE REGULATIONS FOR BUSINESS ESTABLISHMENTS REQUESTING TAXICABS FOR CUSTOMERS An employee of a business estabhshment, other than a tax~cab service, who acts as an agent in obtaining taxicab service for prospective taxicab passengers shall not (1) sohc~t nor accept payment from a driver in return for giving preferential treatment in dlrectang passengers to a driver's taxicab, or (2) Interfere with the orderly progressmn of taxicabs fi om the rear to the front of a taxicab stand PART F TAXICAB FARES SEC 27-203. RATES OF TAXICAB FARES (a) A holder of a tax~cab perrmt may charge only rates of fare whmh have been ap- proved by the c~ty council A holder of a tax~cab permxt may propose a change ~n ~ts rates of fare by filing the proposal w~th the c~ty secretary and the d~rector for conslderatmn by the city coun- cfi (b) The c~ty council shall hold a heanng to consider the proposed change m rates of fare After the heanng the city council may approve, disapprove, or modify the proposed change (c) The c~ty secretary shall mtuntaln on file a current schedule of the rates of fare charged by each holder of taxmab permits (d) A driver shall not charge a fare for operating a taxicab in the city that ~s mconsm- tent w~th the rates on file with the c~ty secretary for the holder under whose operating anthonty the taxicab is operated SEC 27-:104. DISPLAY OF RATE CARD BY TAXICABS (a) A holder shall provide the driver for each taxicab operating under 1ts authority, a pnnted card or stroker contatmng the approved rates of fare of the holder The form and content of the card or sticker are subject to regulation by the director (b) While operating a taxicab for hire, a driver shall, in a manner approved by the rector, prominently display two rate cards or st~ckers inside the taxicab and two rate cards or stickers outside the taxicab so that they can be easily read by passengers Denton Clty Code 33 S \Our Documents\Ordinances\0 l~Tam OrdmanceDenton doc SEC. 2%205. COMPUTATION OF FARES FOR TAXICABS. Unless a holder's approved rates of fare or operatmg authority provide otherwise, a holder shall equip each taxicab w~th a taximeter, and a dnver shall charge only a fee as computed by the tax~meter However, a holder may authorize a driver to make a flat rate charge for a trip to a destination which ~s not covered m the holder's approved rates of fare, ff the taximeter ~s kept ~n operation while the tax,cab has a passenger within the scope of the area designated m the ap- proved rates of fare SEC 2%206. DESIGN AND TESTING OF TAXIMETERS; FEES (a) A taximeter must accurately register m legible figures total miles, prod miles, number of fare umts, number of trips, extras, and total fare for a trip F~gures denoting the fare must be ~llummated when the meter Is activated (b) A taximeter must be mounted m a conspmuous location ~n the taxmab ~n a manner approved by the d~rector A taximeter must be equipped to ~ndmate whether the taxicab ~s en- gaged or vacant (c) If the taximeter employs a flag, the flag must project at least four ~nches above the dashboard when m the non-earning position (d) The taximeter or its drive system must be sealed at all pmnts at which compo- nents, if mampulated, could affect the function or accuracy of the taximeter (e) The design of a tax~meter is subject to approval by the d~rector to assure that it comphes w~th th~s section (f) A holder shall cause each taximeter ~n taxicabs operating under ~ts authority to be mmntmned m good operating condition and to be tested and sealed at least once each year m ac- cordance w~th state and c~ty weights and measures laws The director may estabhsh a schedule of regular testing days and times for purposes of thru section (g) The owner of the taxicab shall be responsible for paying the tax~meter testing fee (h) A person commits an offense if he operates a taxmab that ~s (1) not eqmpped w~th a taximeter, or (2) equipped vath a taximeter that (A) does not have a current decal and lead seal authorized by the d~rector, (B) has been tampered w~th or altered, or Denton City Code 34 S \Our Documents\Ordmances\01\Tax~ OrdlnanceDenton doc (C) ~ncorrectly registers or computes taxicab fares because of alterations to the taxicab odometer, including, but not hmited to, changes ~n the gears, tires, or wheels of the taxicab (0 The following persons shall be responsible and subject to the penalty for a viola- tlon of Subsection (h) (1) The driver of the taxicab (2) The owner of the taxmab (3) The holder under whose authority the taxicab is being operated (1) Proof of taxicab ownerstup for purposes of this sectmn may be made by a copy of the reglstrat~on of the vehicle w~th the State of Texas showing the name of the person to whom the state hcanse plates for the vehmle were issued The person in whose name the vehmle ~s reg- mtered shall be prima fac~e the owner of the vehicle If the vehicle is not currently registered, the person in whose name the vehicle was last registered shall be pnma fame the owner of the velu- cle SEC. 27-207. TAXICAB FARE COLLECTION PROCEDURES (a) Before changing the taximeter to lndmate that the taxicab is vacant, a driver shall call the attentmn of the passenger to the amount of fare registered on the taximeter (b) Upon request by a person paying a fare, a driver shall g~ve the person a legible receipt showing (1) the name of the holder under whose authority the taxmab is operated, (2) the taxicab number, (3) an itemized list of charges, (4) the total amount of fare paid, (5) the date of payment, and (6) the driver's signature (c) A holder shall provide each dnver operating a taxmab under 1ts authority with pnnted receipt forms adequate for providing the information required in Subsection (b) Denton City Code 3 5 S \Our Documents\Ordmances\01\Tax~ OrdmanceDenton doc PART G VEHICLES AND EQUIPMENT SEC. 2%208. FALSE REPRESENTATION AS TAXICAB (a) A person may not represent that a vehicle is a taxicab if the vehicle is not in fact a taxicab authorized by operating authority granted under this chapter (b) A person may not drive a vehicle in the city that is not a taxicab if the vehicle is marked, painted, or equipped in a way that is likely to result in mistaking the vehicle for a taxi- cab SEC. 2%209. VEHICLE REQUIREMENTS AND INSPECTIONS (a) The director may by regulation establish requirements for size, condmon, and ac- cessories oftaxzcabs used by a taxicab, hmousme, or shuttle holder, owner, or driver (b) The director shall inspect each taxicab, hmousme, or shuttle for compliance with this chapter and regulations of the d~rector, before it ~s placed ~n service, twice a year for regular lnspecttons, and once dunng the year for a random inspection (c) A holder, owner, or driver shall make a taxicab, hmouslne, or shuttle avarlable for inspection when ordered by the director If, upon inspection, the director determines that a taxi- cab, hmousme, or shuttle is not in compliance with this chapter or regulations of the chrector, the director shall order the taxicab, limousine, or shuttle to be brought into compliance within a rea- sonable period of t~me and reqmre it to be relnspeeted The owner shall pay to the d~reetor $10 for each remspectlon of a tax,cab, lnnousme, or shuttle that is required before ~t ~s brought ~nto comphanee (d) If a holder, owner, or driver fails to make a taxicab, limousine, or shuttle available for mspeotton or if the director determines that a taxicab, limousine, or shuttle is not in oomph- anco with this chapter or regulations of the director, the director may order the tax~eab, hmou- sine, or shuttle removed from service until ~t ~s made available for lnspecUon and brought into comphanee (e) If the director determines that ~nspect~on of the meehamcal condition or safety eqarpment of a tax,cab by an expert mechanic or techmcaan ~s necessary, the holder, owner, or driver shall pay the cost of the ~nspeetton (f) When a tax,cab, limousine, or shuttle ~s removed from service and placed back ~n service within 15 days by the same owner, the owner shall pay to the d~rector $60 for reanspec- tlon (g) Before any taxicab, limousine, or shuttle will be approved for serwce, the director shall be prowded wtth a copy of the registration for the vehicle wnh the State of Texas, or a bill Denton City Code 36 S \Our Documents\Ordmances\01\Tam OrdmanceDenton doc of sale if the vehicle ~s new and has not yet been registered, showing the name of the individual or holder owmng the vehicle The owner shown on the registration or bill of sale provided to the director shall notify the director of any change in ownership of the taxicab, hmouslne, or shuttle within 10 business days SEC 27-210. TAXICAB AGE LIMITS (a) A holder, owner, or driver commits an offense ff he operates any vehicle as a taxmab in the mty that is older than (I) 72 months (6 years) of age for a vehicle not equipped to use only alternative fuel, or (2) 108 months (9 years) of age for a vehicle equipped to use only alternative fuel, ff the eqmpment was on the vehicle when the vehicle was purchased new or added to the vehicle within 30 days after the vehicle was purchased new (b) For purposes of this section, vehicle age, for a vehicle purchased used, will be calculated from January 1 of the model year of the vehicle If the vehicle is purchased new, age will be calculated from the date of purchase and the holder, owner, or driver shall present to the director (1) a certffied copy of the vehicle's title stating the date of purchase and an odometer reachng of no more than 1,000 miles at the time of purchase, and (2) a manufacturer's cemftcate, as defined in Chapter 501 of the Texas Transporta- tion Code, certifying that the vehicle has not been previously titled and has not been prewously subject to retail sale SEC 27-211. REQUIRED EQUIPMENT FOR TAXICABS (a) Unless otherwise specffied in the operating authority under which a taxicab is op- erated or by regulation of the director, and in addition to other equipment required by this chap- ter, a holder, owner, or driver shall prowde and maintain in good operating condition the follow- ing equipment for each taxicab, limousine, or shuttle (1) seat belts for each passenger, the number of which is determined by the designed seating capacity of the taxicab, (2) heater and air conditioner, (3) chemical-type fire extinguisher, of at least one quart capacity, convemently lo- cated in the same compartment of the taxicab as the driver so that it is readily ac- cessible for lmmedmte use, Denton City Code 37 S \Our Documents\Ordmances\O l\Taxl OrdmanceDenton doc (4) eqmpment to indicate when a taxicab 1s operating for lure and when it is not for hire, (5) top light, (6) two-way radio on the holder's dispatch frequency, (7) map of the city, (8) decal complying with Section 27-215 oftlus article, (9) taxicab display receptacle, (10) rates of fare cards or stickers, and (11) taximeter (b) No eqmpment listed m Subsection (a)(4), (5), (6), (9), (10), and (11) may be placed on a velucle to be operated as a tax,cab unless the equipment is owned by the holder (c) A taxicab m operation on the date this ordinance is adopted wluch is not equipped with safety belts or the requared number of safety belts, is not required to comply with Subsec- tion (a)(1) SEC 2%212. TAXICAB COLOR SCHEME AND DISTINCTIVE MARKINGS. (a) A holder shall develop the design of a color scheme and distractive markings for taxicabs operating under its anthorlty, and shall submit the design to the director for approval to insure that the design is reachly distinguishable from the design used by other holders (b) After a design is approved by the director, the holder shall submit to the director a color photograph of a completely eqmpped taxicab using the approved design (e) The holder shall use only the approved design, as depicted in the submitted pho- tograph, for taxicabs operated under its authority unless written approval of a change is obtmned from the chrector SEC 27-213 REQUIRED TAXICAB IDENTIFICATION A holder shall cause each taxmab operating under its authority to be provided with the following uniform velucle ldentfficat~on (1) the name of the holder's company pnnted in letters not less than three inches high w~th one-half tach stroke, and Denton City Code 38 S \Our Documents\Ordtnances\01\Tax~ Ord~nanceDenton doc (2) the taxicab number assigned to each vehxcle by the director in numbers and letters not less than three inches high with one-half inch stroke and so that it is clearly visible from the front, rear, and both sides of the taxicab SEC 27- 214 TAXICAB DISPLAY RECEPTACLE (a) Every taxicab must have a display receptacle approved by the director securely affixed to a conspicuous place on the dashboard A display receptacle shall be at least 6-1/4 inches by 10 inches in area, constructed of a rigid material, and designed to accommodate the following information in accordance with the required dimensions (1) At least a two-inch by two-inch colored passport-quahty photograph of the driver, with the driver's name as it appears on the driver's Texas driver's license and the taxicab driver's license number placed under the photograph in block letters and numbers not less than three-sixteenths inch high with at least a one-sixteenths inch stroke, must be laminated as a smgle unit not less than 2-I/4 mehes by 3-1/2 inches (2) The company name m block letters not less than one-half inch high with at least a one-eighth inch stroke, with the taxicab number placed under it in block numbers and letters not less than three-fourths inch high with at least a three-sixteenths mch stroke, must be laminated as a single unit not less than three inches by 2-I/2 inches (3) Taxi rates m block numbers at least nine-sixteenths inch high with at least a three- sixteenths inch stroke and in block letters at least one-eighth inch tugh vath at least a 1/32 inch stroke must be laminated as a single unit not less than 6-1/2 by SlX mches (b) A holder, owner, or driver of a taxicab commits an offense if he operates or al- lows operation of a taxicab that is equipped with (1) no required display receptacle, (2) a display receptacle that does not contatn reqmred lnformatmn, or (3) a display receptacle that contmns insufficient or incorrect Information SEC 27-215. TAXICAB DECALS. (a) The holder, owner, or driver of a taxicab shall obtmn a decal, indicating the tax~- cab's authority to operate, from the director each month, or other period to be determined by the director A decal must be attached to the lower right comer of the front windshield of the taxmab in a manner approved by the director Denton City Code 39 S \Our Documents\Ordmances\Ol\Tam Ord~nanceDenton doc (b) A person commits al1 offense if he (1) operates a tax~cab w~th an expired decal or with no decal affixed to (2) attaches a decal to a vehicle not authorized to operate as a taxmab, (3) forges, alters, or counterfeits a taxmab decal reqmred by th~s section, (4) possesses a forged, altered, or counterfeited taxicab decal required by th~s section, or (5) d~splays more than one taxmab decal issued by the mty on a vehmle at the same time (c) A taxmab decal assigned to one person is not transferable to another w~thout con- sent of the director SEC 27- 216. NOT-FOR-HIRE STATUS OF TAXICABS (a) Each taxmab ~s presumed to be on duty and ready to serve the general pubhc for h~re If a driver ~s not for hire and does not ~ntend to prowde taxicab service, the driver shall comply w~th the following reqmrements (1) The driver shall place a sign, to be prowded by the holder, ~n the taxmab md~cat- mg the words "NOT FOR HIRE" pnnted in letters not less than three ~nches ~n height wtth a stroke of not less than 3/8 inch The letters shall be on a backmg of sufficient thickness to not easily bend (2) When a driver ~s not for lure, the driver shall d~splay the sign m an upright posl- t~on m the front window on the right side of the taxmab so as to be easily seen and read from outside of the taxmab (b) A driver who is not for h~re shall not park or stand a taxicab on a taxmab stand or on a public street or pubhc property w~thn 500 feet ofa tax~cab stand unless ~t is parked at a me- tered parking space SEC 27-217 REMOVAL OF EQUIPMENT FROM TAXICABS (a) Whenever a vehtcle m removed from servme or is no longer authorized to operate as a taxmab, the holder, owner, or driver shall remove from the vehmle all taxmab s~gns, markings, and equipment that would d~stmgmsh the vehicle as a tax~cab, including, but not limited to, ra- dios, top hghts, meters, and decals (b) A holder, owner, or driver of a taxicab shall not sell or transfer to a driver any ra- dio, top light, meter, or other eqmpment that would d~st~ngmsh a vehmle as a taxmab Denton City Code 40 S \Our Documents\Ordmances\Ol\Tax~ OrdmanceDenton doc PART H ENFORCEMENT SEC 27-218. AUTHORITY TO INSPECT The director may inspect a taxicab, limousine, or shuttle service operating under this chapter to determme whether the service complies with this chapter, regulations established un- der this chapter, or other applicable law SEC 27-219. REMOVAL OF EVIDENCE OF AUTHORIZATION Whenever a holder's operating authority or a taxicab, limousine, or shuttle driver's h- tense is suspended, revoked, or denied or whenever a vehicle fails to pass mspectlon as a taxi- cab, hmousme, or shuttle, the director may remove or require the surrender of all evidence of anthonzatlon as a holder, taxicab, limousine, or shuttle driver, or taxicab, limousine, or shuttle, including, but not limited to, removal or surrender of operating authority, licenses, decals, signs, insignia, radios, top lights, and meters if applicable SEC 27-220 ENFORCEMENT BY POLICE DEPARTMENT Officers of the police department shall assist in the enforcement of flus chapter A police officer upon observing a violation of this chapter or the regulations established by the director, shall take necessary enforcement action to insure effective regulations of taxicab, hmousme, or shuttle serwee SEC. 27-221 CORRECTION ORDER. (a) If the director determines that a holder violates this code, terms of its operating authority, a regulation estabhshed by the director, or other law, the director may notify the holder in writing of the violation and by written order direct the holder to correct the violation within a reasonable period of time In setting the time for correction the director shall consider the degree of danger to the public health or safety and the nature of the violation If the violation involves equipment that is unsafe or functlomng improperly, the director shall order the holder to imme- diately cease use of the equipment (b) If the director dctermmes that a violation constitutes an imminent and serious threat to the public health or safety, the director shall order the holder to correct the violation immediately, and, if the holder fails to comply, the director shall promptly take or cause to be taken such action as he considers necessary to enforce the order immediately (c) The director shall include in a notice issued under this section an identification of thc violation, the date of issuance of the notice and the time period within which the violation must be corrected, a warning that failure to comply with the order may result m suspension or Denton City Code 41 S \Our DocUments\Ordmances\Ol\Tax~ OrdmanceDenton doc revocation of operating authority or imposttlon of a fine or both, and a statement tndlcating that the order may be appealed to the mty manager SEC 27-222. SERVICE OF NOTICE (a) A holder shall destgnate and matntain a representative to recetve servme of notice reqmred under tbas chapter to be given a holder and to serve notice reqmred under this chapter to be gtven a driver employed by a holder (b) Notice reqmred under this chapter to be given (1) a holder must be personally served by the drrector on the holder or the holder's designated representative, or (2) a driver hcensed by the city under Part C, must be personally served or sent by cemfied Umted States Mall, five day return receipt requested, to the address, last known to the d~rector, of the person to be notified, or to the destgnated represen- tative for drivers (c) Notice reqmred under thts chapter to be given a person other than a dnver li- censed under Part C or a holder may be served tn the manner prescnbed by Subsection (b)(2) (d) Service executed tn accordance w~th this section constitutes notice to the person to whom the notice ts addressed The date of service for nottce that is mailed ts the date recetved (e) This section does not apply to notice served under Section 27-179(a) SEC 2%223 APPEAL. (a) A holder may appeal a correction order tssued under Section 27-221 or any other action of the (hrector if an appeal is requested in wnting not more than 10 days alter nntlce of the order or action IS recetved (b) The etty manager or bas destgnated representative shall act as the appeal heanng officer tn an appeal heanng under thru sectton The heanng officer shall gtve the appealing party an opportunity to present evidence and make argument m bas behalf The formal rules of dence do not apply to an appeal heanng under tbas section, and the heanng officer shall make his ruling on the basts of a preponderance of evidence presented at the heanng (c) The heanng officer may affirm, modify, or reverse all or a part of the order of the director The decision of the heanng officer is final Denton C~ty Code 42 S \Our Documents\Ord~nances\01\Tax~ OrdmaneeDenton doc SEC. 27-224 CRIMINAL OFFENSES. (a) A person commits an offense if he violates or attempts to violate a provision of this chapter apphcable to him A culpable mental state Is not required for the conumss~on of an offense under this chapter unless the provision defining the conduct expressly requires a culpable mental state A separate offense Is committed each day m which an offense occurs An offense committed under this chapter ~s punishable by a fine of not more than $500 (b) Prosecution for an offense under Subsection (a) does not prevent the use of other enforcement remedies or procedures applicable to the person charged w~th or the conduct re- volved m the offense SECTION 3 If any section, subsection, paragraph, sentence, clause, phrase, or word ~n th~s ordinance, or appheat~on thereof to any person or circumstances is held ~nvahd by any court of competent junschctlon, such holding shall not affect the validity of the remaining portions of th~s ordinance, and the C~ty Council of the C~ty of Denton, Texas hereby declares ~t would have enacted such rematmng portions despite any ~nvahd~ty SECTION 4 Save and except as amended hereby, all the prows~ons, sections, subsec- tions, paragraphs, sentences, clauses, and phrases of the Code of Ordmances shall remain m full force and effect SECTION 5 This ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the City Secretary ~s hereby al,retted to cause the caption of tbas ordinance to be pubhshed twice m the Denton Record-Chromele, the official newspaper of the C~ty of Denton, Texas, wlthm ten (10) days of the date or,ts passage PASSED AND APPROVED this the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Denton City Code 43 Agenda AGENDA INFORMATION SHEET Date AGENDA DATE. February 20, 2001 DEPARTMENT' Police ACM: Jon Fortune ~ SUB,IECT AN ORDINANCE OF THE CITY OF DENTON, TEXAS ESTABLISHING FARES FOR TAXICAB SERVICE PURSUANT TO CHAPTER 27, ARTICLE VI OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TITLED TAXICABS, LIMOUSINES, SHUTTLES, PROVIDING THAT A SCHEDULE OF FEES SHALL BE MAINTAINED ON FILE IN THE OFFICE OF THE CITY SECRETARY, PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE BACKGROUND In October 2000, Gary Naden, the owner of the only hcensed tax~cab company m Denton contacted Chief Matheson about ratsmg his fares On January 23,2001, Courted received a staff report regarding the rews~on of' Chapter 27, Article III, relating to taxmabs, that currently regulates vehmles for h~re w~th~n the City hm~ts Staff proposed, because of the extensive nature of the revision, to delete Chapter 27, Artmle III, relating to taxmabs and create artmle VI t~tled "Taxmabs, Ltmousmes, and Shuttles" Chapter 27 Article III contains the current fare schedule W~th passage of the rewsed Chapter 27 Artmle VI, the fares wdl be set by separate ordinance Th~s ordinance sets those fares OPTIONS I The Cotmcd can adopt the proposed Fare ordinance 2 The Counml can adopt the proposed Fare ordxnance w~th rews~ons 3 The Councd can choose not to adopt proposed Fare ordinance and d~rect staff to perform further research or work on the rews~ons RECOMMENDATION Staff recommends Council consider adoption of the ordinance as written after passage of Chapter 27 Article VI t~tled "Taxicabs, Limousines, and Shuttles" The C~ty Legal staff, ~n consultation w~th the Pohce Department, wrote the proposed ordinance The Legal Department has approved the ordinance as to form and content PRIOR ACTION/REVIEW Th~s proposed ordinance was presented to Cotmcfl on January 23, 2001 FISCAL IMPACT The ordinance will not revolve any add~tional costs to the Ctty Respectfully submitted, Gary L Matheson Chief of Pohce u~Bepared by slness Area Coordinator ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING FARES FOR TAXICAB SERVICE PURSUANT TO CHAPTER 27, ARTICLE VI OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, TITLED TAXICABS, LIMOUSINES, SHUTTLES, PROVIDING THAT A SCHEDULE OF FEES SHALL BE MAINTAINED ON FILE IN THE OFFICE OF THE CITY SECRETARY, PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the C~ty Manager, in consultatmn w~th the Pohce Department, recommended a change m taxicab fares to the City Counml, and WHEREAS, the taxicab fares were previously estabhshed by Chapter 27, Article III t~tled Taxicabs of the Code of Ordinances, and WHEREAS, Article III has now been deleted and replaced with Article VI of Chapter 27 titled Taxmabs, Limousines, and Shuttles, and WHEREAS, the City Council deems ~t m the pubhc ~nterest to increase these fares and set them forth m this ordinance, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The following fares are hereby estabhshed by this ordinance to be charged pursuant to the specified prows~ons of Chapter 27, Article VI of the Code of Ordinances TAXICAB RATES $2 00 INITIAL METER DROP $ 40 FOR EACH V4 MILE, AND PER 1 ¥2 MINUTE TRAFFIC DELAY $2 00 FOR EACH EXTRA PASSENGER (Up to Rated Seating Capacity) SECTION 2 That the above-mentioned fares as estabhshed by the C~ty Council shall be placed on file in the office of the C~ty Secretary and made avmlable to any member of the public who w~shes to see a copy of the fares as established by th~s ordinance The C~ty Secretary is d~rected to maintain th~s Taxmab Rates schedule on file m the C~ty Secretary's office as adopted hereby or as m the future may be estabhshed by the City Counml SECTION 3 Save and except as amended hereby, all the prov~smns, sectmns, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remmn ~n full fome and effect SECTION 4 That if any section, subsection, paragraph, sentence, clause, phrase, or word ~n this ordinance, or application thereof to any person or circumstance is held ~nvalld by any court of competent junsdmtlon, such holding shall not affect the vahdlty of the remaining portions of thxs ordinance, and the City Council of the C~ty of Denton, Texas hereby declares it would have enacted such remaining portions despite any such validity SECTION 5 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ,2001 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 AGENDA INFORMATION SHEET AGENDA DATE February 20, 2001 DEPARTMENT Planning S,I eve,opTn epartmeut CM/DCM/ACM Dave Hill, 349-8314.-'~ SUBJECT Consider and take action on a request for relief from the Residential Interim Zoning Regulations, Ordinance 2000-046 for a 12 7 acre property located approximately 0 5 mdes west of FM 2181 and 1,000 feet north of htckory Creek Road The property ~s m a Single Famdy Dwelhng -7 (SF-7) zoning dtstnct A smgle-famdy subd~ws~on ~s proposed (RR-OI-O01, Oaks of Montectto Phase 5, Section B) (Hdl) BACKGROUND An apphcatton for request for rehef from the Res~dentml Interim Regulattons has been received (see Attachment 1) Background mformat~on regarding the current status of thts case ~s prowded m Attachment 2 Ordinance 2000-046, known as the Residential Interim Regulations, was adopted by C~ty Cotmed on February Ist, 2000 ThIs ordinance ¢ontmns standards wRh which restdentml development projects must comply untd the Code Rewr~te project ~s completed and permanent standards are adopted Ordinances 2000-046 also ¢ontmns a separate section that allows appheants to request rehef from the interim regulations, including evaluation er~term to be used by Councd Sectmn F Rehef Procedures The applicant may petttton the CRy Council for rehef from these interim development regulattons by requesting such rehef in wrmng 2 The City Council shall not reheve the appheant from the reqmrements of th~s ordinance, unless the applicant first presents credible evtdence from whtch the C~ty Council can reasonably conclude that the ~mposmon of the res~denttal denstty hmRattons or other development standards deprives the appheant of a vested property right or deprives the applicant of the economically vtable use ofh~s land 3 In dec~dmg whether to grant rehef to the apphcant, the Ctty Councd shall take into consMeratton the following (a) whether granttng rehef from the resMenttal denstty hm~tattons or other development standards contained m these tntenm development regulattons, tn the absence of permanent revtstons to the Ctty's Land Development Code that ~mplement the prowstons of the comprehensive plan jeopardizes the City's best tntarests in preventing such effects, (b) the smtabdlty of the proposed resMenttal uses tn hght of land uses allowed tn the zomng dtsmcts on property adjacent to the proposed s~te, (c) the tmpact of the proposed resMentlal use on the transportatton and other pubhc facdttles systems affected by the development, (d) the measures proposed to be taken by the apphcant to prevent negative tmpacts of the proposed use on the neighborhood, (e) the hkehhood that sufficmnt rehef wdl be prowded to the apphcant following adoptmn of the C~ty's Development Code, (f) the total expenditures made m connection w~th the proposed residential development in reliance on prior regulatmns, ~nclud~ng the costs of ~nstalhng mfrastructure to serve the project, (g) any fees reasonably paid m connectmn with the proposed use, (h) any representations made by thc C~ty concerning thc project and reasonably relied upon to the detriment of the apphcant 4 The City Council may take the following actmn, (a) deny the relief request, (b) grant the rehef reqoest, or (c) grant the rehef request subject to conditions consistent with the criteria set forth m this sectmn 5 Any relief granted by the C~ty Councd shall be the mlmmum dewat~on from ordinance reqmrements necessary to prevent deprivation of a vested property right OPTIONS Councd may e~ther I Deny the request for relief, or 2 Grant the request for relief, or 3 Grant the request for rehef, subject to condmons consistent wtth the evaluation crttena set forth m the ordtnance (and referenced above) RECOMMENDATION Staff recommends that the dectston of whether or not to grant the requests for rehef should be based on the merits of each mdtvtdual apphcat~on ESTIMATED PROJECT SCHEDULE Rewew schedules are d~scussed in the attachments PRIOR ACTION/REVIEW One pettt~on was rewewed on November 28, 2000 I Good Samaritan Vtllage- approved One pettt~on was revtewed on September 26, 2000 2 Longndge Estates - approved One petition was reviewed on August 15, 2000 3 Bellatre North Addition - approved One pettt~on was revtewed on May 2, 2000 1 Doyle Addition - approved 2 Two pet~Uons were rewewed on April 18, 2000 I Evers Park-approved 2 Summa Oaks Addmon, Phase II - approved Five pet~uons were rewewed on April 4, 2000 Lakewew Ranch-approved 2 Audra Oaks - approved 3 Robinson Oaks-demed 4 Belle Bryan Apartments - approved 5 Behmng Place - approved Two pet~nons were rewewed on March 7, 2000 6 Shadow Brook Place - approved 7 Beverly Park Estates - approved One petition was rewewed on February 15, 2000 1 Golden Trmngle Joint Venture (Z-99-096) - approved FISCAL INFORMATION The pettt~ons ~are being processed and brought to Counctl using ex~st~ng staff resources ATTACHMENTS I Staff report Respectfully submitted Douglas S Powell, AICP D~rector of Planmng and Development 3 ATTACHMENT 1 WAIVER REQUEST STAFF REPORT Sublect Oaks of Monteclto, Phase 5, Section B Case Number RR-01-001 Staff Larry Re~chhart BACKGROUND' Request Rehef from the Res~denbal Intenm Regulations (Ordinance No 00-046) to proceed w~th final platbng of Phase 5, Secbon B of the Oaks of Montec~to subd~ws~on Location North of H~ckory Creek Road approximately 2,500 feet west of Teasly Lane (see Enclosure 1) Zoning SF-7 Acreage 12 7 acres Platbng The property has been prehm~nary platted Comp Plan Conmstency The Comprehensive Plan ~denbfies th~s property to be within the "Neighborhood Centers" D~stnct These areas may develop ~n conventional patterns or may be developed in a pattern of 'neighborhood centers' S~ngle-famfly development ~s consistent w~th the intent of the Comprehensive Plan CONCLUSION Additional Approvals Without Rehef With Rehef Zomng Plan Not Required Not Required Project Plan Not Required Not Required Design Plan Not Required Prehm~nary Plat Completed 31eted Final Plat Building Permits ENCLOSURES 1 Zoning Map 2 Apphcabon ENCLOSURE 1 RR-01-001 , Oaks of Montecito Phase 5, Section B NORTH I ZONING MAP Scale None 01 12 01 FRI 11 18 FAX 94037,~7707 ......... ON PL~-N1NG ~]002 ENCLOSURE 2 ~PLI~TION FOR ~LIE F FROM: ~stden~l In~ Growl Acre~, [~, ~ .. SEE A~A~D ~L~F PR~D~S M~es~ Tel M~ess Tel F~ To~ ~(~) mPLI~ON DEmL~ I5 MO~AY AT 6 Any ~l~tdt rhncd text apphcs only to the Non. Resldenhal Interim ~d~ancc ~ o~er ~ apphes w bo~ Resldenual and Non ~s~denu~l]ln~ ~dm~nces ~phcn~on Req~l~?en~, ~e ~pphc~ ~y~u~n ~e G~ ~=c~ for reef from ~ese ~ter= dev~lopmcn~ ~uon. bv ~ques~g tach re~ef m ~tmg, ~t for rebel sh.ll ~ co~dered by ~e ~ C~c,I m cnm~cuon ~ acuon on ~e pto~c~ pl~ ~d development a~hcatson, ~; ~ty ~u~csl sh~ nnt reh~e ~e app~c~t from ~ese req~ements, ~ess ~e apphc~t f~t pr~en~ crcdibk ~vtd~n~e from w~ch ~ ~tT Councd can re~onably conclu~ ~t ~e u~posmoa of ~e ~stdent:~ de~t~atsom, non ressdcnu~ s~n~r~ or o~er devetopmen: st~d~ deprives ~e apphca~ of $ ve~ted prope~ ngh: or dep~es ~e apph~t of ~e econo~c~y ~e of ~e~ l~d The apphcant is,~ques~d m submit su~c:ent ~o~aeon addressing ~e foHo~g cn~fla The apphcant ~ also be ~spomtbk m ma~ ~e~ case befo~ ~ ~unctl, ~ ~cth~r S~n~m~ r~hef from ~e res~de~u~ de~ ~tauo~, non ~es~dcnu~ smndar~ or o~r ~velopment stand'ds contend m ~es~ interim ~velop~n~ re~ ~ dxe ~bs~ce of print rewso~ ~ the O~7's L~d Developn~nt ~de ~at ~plen~nt ~e pmvmons of the ~omprehe~sve pl~ jeo~s ~e O~s ~st mter~ m p~vrntmg such effecu, ~ ~c su~tabd~ty of ~e pro~ed res~den~ or no~residem~ ~ m hght of land ~es ~lowed m ~e ~ ~cu on propv~ adl~ent to the pm~scd s~tt, ~e~p~ct~f~r~sed~e~sdenu~rn~nressdenu~nthe~m~u~n~d~e~Pub~f~ss~te~[v"~dby the development, ~e~.~proposzdmbc~nby~eapp~c~top~vent~s~e~pac~ofth~ proposedu~eon~ene~rhood, 'l~c ~l~ood ~t s~ficsenc ~hef ~ ~ provided to ~e apphcant [ollo~ng adopuon of ~e O~s Development ~dc, ~et~t`~expcndm~mc~n~ecu~n~ePr~sedres~dem~rn~nrcssd~nt~d~ve~Pmen:mre~ce~npn~r re~auo~, including ~c cosb of ms~hng ~r~s~c~e :o s~e d:e ~ ~3 [ccs rc~onablyp~d sn co~e~uon ~d~ ~e pmposcd usc, ~ ~y ~pre~e~uuo~ ~de by~e ~ concc~g ~ pmjec~ ~d ~aombly rehed u~n to ~e det~cnt of the apphc~ The Caty Coun¢,l may tak~ the follovang actto~.~ (a) dcnythe rebel request, (b) grant th~ r~ls~f r~quest, or (c) grant ~hc r~h~f r~.quust sub~ec~ to conchuon~ cons~tent v~th th~ cntena set forth m the mtenm development regul~uons A~), rehef grzn~ed bythe (~ey Council shn~ bc the mm,mum dewauon from ordm~mce tequaeements uecessarv to prevent dcpn~auon of a vested prOpetx'y nght SIGNA'rU~mfy~ese reguhuons have been rer, d ,'md undcrs~ood by ~h~. apphcant / ~ ~ - January 15, 2001 Honorable Mayor and C~ty Council Caty of Denton, Texas 221 N Elm Street Denton, Texas 76201 Re OAKS of MONTECITO, Phase 5, Section B Madam Mayor The Oaks ofMontectto subdtv~saon developers request rebel from the Res~dentml Interim Ordinance We are ready to develop the final subdav~slon phase Prior phases included 198 detached smgle-famaly lots, 3 6 acres of nght-of-way dedicated at I-hekory Creek Road for future Loop 288, and 3 21 acres dedmated for mty park All the Oaks of Monteclto ~s zoned SF-7 Thas f'mal phase ~s 12 7 acres The approved prehm~nary plat shows 52 lots m 5B, w~th mm~mum lot area of 8,125 square feet We want to merease mmamum lot area to 10,000 square feet, whaeh reduces lot count to 43 We do not request a zonmg change We w~sh to proceed d~reetly to final plat re,aew and request rebel from the ProJect Plan step The goals of the Project Plan vall be aeeomphshed even ff rebel ~s granted Our request will not jeopardize eaty or neaghborhood mterests There are detached single-family lots west, south and east of 5B North of 5B as an ACME Bnek day mmmg pat 5B land use vail comply w~th SF-7 zomng reqmrements As m the other phases, all int~astmeture ~mprovements wall be constructed at our expense to comply w~th the subd~,asmn ordinance Reducing the number of lots will reduce ~mpaet on transportatmn and other pubhe faeahtaes Our request eomphes w~th the ProJect Plan base density reqmrement of 10,000 square feet n~mmum lot area Continued - 8 ¢- C January 15, 2001 OAKS of MONTECITO, Phase 5, Section B, page 2 - We are eager to answer your questions and ask that you approve our request Sincerely, FRED GOSSETT 3625 Serendipity Hills Trml Connth, Texas 76210 (940) 368-1342 ~,genda It~m~ AGENDA INFORMATION SHEET / ' AGENDA DATE. February 20, 2001 DEPARTMENT: Planning & Development Department CM/DCM/ACM: Dave Hill, 349-8314 ~ SUBJECT Consider and take action on a request for relief from the Non-Residential Interim Zoning Regulations, Ord, nance 2000-069 for a 1 6-acre property located at 2201 Colorado Boulevard The property is m Light Industrial (LI) and Light Industrial with condmons (LI(c)) zomng districts A Social Security Adm~mstraUon Office is proposed (RN-O I-O01, $ocml Security Office)(Hlll) BACKGROI~ND Ordinance 2000-069, known as the Nonresidential Interim Regulations, was adopted by City Council on March 2nd, 2000 Th,s ordinance contains standards with which nonresidential development projects must comply until the Code Rewr,te project is completed and permanent standards are adopted Ordinance 2000-069 also contains a separate section that allows applicants to request relief from the interim regulations, including evaluat, on criteria to be used by Council 5 Relief reouests a The apphcant may petition the City Council for rehef from these lnterun development regulations by requesting such rehef m writing The request for rehef shall be considered by the Oty Council m conjunction with action on the project plan and development apphcat~on b The City Council shall not relieve the apphcant from the requirements of th~s ordinance, unless the apphcant first presents credible evidence from which the City Council can reasonably conclude that the unposlUon of the nonres,dential development standards deprives the applicant of a vested property right or deprives the apphcant of the economically viable use of his land c In deciding whether to grant rehef to the applicant, the City Councd shall take into consideration the following (1) whether granting relief from the nonresidentml standards contained m these ~ntenm development regulauons, in the absence of permanent rewslons to the City's Land Development Code that unplement the prowsions of the comprehensive plan jeopardizes the City's best interests m prevenUng such effects, (2) the suitability of the proposed nonresidential uses ~n light of land uses allowed in the zoning districts on property adjacent to the proposed site, (3) the unpact of the proposed nonresidential use on the transportation and other pubhc facilities systems affected by the development, (4) the measures proposed to be taken by the apphcant to prevent negative unpacts of the proposed use on the surrounding properties, (5) the hkelthood that sufficient relief will be provided to the apphcant following adoption of the City's Development Code, (6) the total expanthtures made m connectton wtth the proposed nonres~dant~al development m reliance on prior regulatmns, including the costs of installing mfl'astmcture to serve the project, (7) any fees reasonably paid m connection with the proposed use, and (8) any representations made by the C~ty concerning the project and reasonably rehed upon to the detrnnent of the apphcant d The C~ty Councd may take the following actions (1) deny the rehef request, (2) grant the rehef request, or (3) grant the rehef request subject to condtt~ons consistent wtth the criteria set forth m th~s section 6 Minimum relief. Any rehef granted by the City Council shall be the mm~mum dewatton from ordmance requirements necessary to prevent deprivation ora vested property right OPTIONS Council may either 1 Deny the request for relief, or 2 Grant the request for rehef, or 3 Grant the request for relief, subject to conditions conststent with the evaluation criteria set forth in the ordinance (and referenced above) RECOMMENDATION Staff recommends that the decision of whether or not to grant the requests for rehef should be based on the merits of each individual applieatton ESTIMATED PROJECT SCHEDULE Rewew schedules are discussed in the attachments PRIOR ACTiON/REVIEW One petttion was reviewed on October 17, 2000 1 Peterbuflt parking lot - approved One petmon was reviewed on September 15, 2000 2 Bonnxe Brae Medical Office - approved One petttton was reviewed on June 6, 2000 3 CBS Mechantcal- approved One petttmn Was revtewed on May 2, 2000 4 M0rrtson Mflhng- approved 2 Two petitions were reviewed on April 18, 2000 1 1013 Shady Oaks - approved 2 Vmtona Square Phase II - approved Three petitions were reviewed on April 4, 2000 1 Wildwood Inn- approved 2 Cellular One - approved 3 Payne self-storage - denied Three petitions were reviewed on March 21, 2000 4 1508 N Elm (Z-99-083) - approved 5 1513 N Locust (Z-99-084) - approved 6 RNW Addition (Z-00-003) - approved In addlt~on, an additional 18 staff initiated petlt~ons were granted mhef on March 21, 2000 One petition was reviewed on March 2, 2000 1 Kerest~ne property- approved w~th conditions FISCAL INFORMATION The petitions are being processed and brought to Courted using existing staff resources Several of the petitions clmm financial harm, an ~ssue that may be evaluated by Councd ATTACHMlgNTS 1 Staff report Respectfully submitted Douglas S Powell, AICP D~rector of Planmng and Development ATTACHMENT 1 WAIVER REQUEST STAFF REPORT Sublect' Social Secunty Adm~mstrat~on Office Case Number RN-01-01 Staff Larry Reichhart BACKGROUND. Request Relief from the Non-Residential Interim Regulations (Ordinance No 00-069) to proceed w~th platting to allow the construction of an office for the Social Security Adm~mstrabon Locabon 2201 Colorado BIvd (See Enclosure 1) Zomng L~ght Industrial (LI) and Conditional L~ght Industrial (Ll(c)) (See Enclosure 1) Acreage 1 06 acres Platting The property ~s not platted Comp Plan Consistency The Comprehensive Plan ~dent~fles this property to be w~th~n the "Regional M~xed Use Centers" D~stnct The Regional M~xed-Use Center should contain the shopping, services, recreational, employment, and ~nsbtubonal facll~bes supported by and servicing an entire region Staff finds the use consistent w~th the ~ntent of the Comprehensive Plan Background The required platting of the property triggered the ~ntenm regulations The development, regardless of the action for relief, w~ll have to comply w~th the Landscape Ordinance CONCLUSION Additional Approvals Without Relief With Relief Zomng Plan Not Required Not Required Project Plan* Not Required Building Permit* Platting ENCLOSURES: 1 Zoning Map 2 Application 4. ENCLOSURE 1 ~ Social Security Administration Office NORTH ZONING MAP Scale None ENCLOSURE 2 INTERIM ORDINANCE RELIEF APPLICATION FORM APPLICATION I~OR RELIEF FROM Non-Residential Interim Orchnance G~ss Acres ~ D ~ SEE ATTA~D ~LIEF PR~ED~S ~PLIC~NT ~ATION SZGNA~ OF PAOPER~ 0~ O~ ~p~ ¢IGN ~ p~, For De~a~mental Use Only SIGNA~ ~eNo Subsc~d ~d s~m befo~ ~ ~ ~ ~day of~ ~ 20 ~ I ~,pt No .................. mini Ill~! ~ ~MlSSION ~PIRES {[ Da~ Sub~d ~epted By _ ~PLI~TIoN DE~L~ IS MO~AY AT 10 00 ~ 6 !1: II Curtis Investments LLC Commercial & Industrial Properties 6534P~R~ LAN~, DALLAS, TEXAS 75225 PHONE 214~6g-509! FAX 2141'~68-6067 City of Denton Planning and Development Department City Hall West - 221 N Elm St Denton, Texas 76201 Re Written Petition to City Councd for Rehef from the lntertm Development Regulations Ladies and Gentlemen We are petmonlng for relief from the Interim Development Regulations' requirement that we file a Project Plan prior to the de~ elopmant of the Social Securtt. v Administration Office Butldtng at 2201 Colorado Blvd , Denton, Texas (the "SSA Office Prelect") The Government Services Administration (the "GSA") has provided us with a short time-frame in which to complete tho SSA Office Project The Project Plan reqmrement creates a very significant economic hardship associated with the use of the land because 0) there is a $1,050 fee associated with the Project Plan, and (ii) obtaining approval of the Project Plan will delay the SSA Office Project by at least 6 to 8 weeks (x~hleh is 1/3 of the time GSA has allowed for us to build the building) and, therefore, will very likely subject us to s~gmficant hquidated damages imposed by GSA The SSA Office Prqleet provides a state-of-the-art facdity for a federal government agency that benefits tho entire community The SSA Office Project is clearly consistent with the polmes, goals and strategies of the Comprehensive Plan The Comprehenslve Plan re-zones 2201 Colorado Blvd to be "Light Industrial,' ~hich allows for the office use contemplated by the SSA Office Project In fact, the Denton Clt~ Attorney's office is in the process of completing a zoning correction ordinance that will re-zone 2201 Colorado Blvd to "Light Industrial" prior to the effective date of tho Comprehensive Plan The SSA Office Project moots and exceeds the minimum Project Plan standards (as set forth in Ordinance No 2000-069, as amended by Ordinance No 2000-179) Underc, round Utilities The project provides for underground utility installation 2 Interconnected Streets Not applicable 3 ArchitectUre Please see attached Elevations and Site Plan The SSA Office Project is clearly eompatthle with the ph)sical dimensions of the sub. loci property and with adjacent land uses (Adjacent land uses include a United States Post Office and a Sonle Restaurant ) (a) The SSA Office Project is reserved in character and pedestrian in scale (b) The bmldmg is oriented towards tho street and the enlraneoway faces the street (c) The bud&ng scale ~s internally consistent and ~s similar to the scale of the adjacent Umted States Post Office and Sonic Restaurant (both one floor buildings) (d) All mechameal eqmpment and storage areas are screened form the street and are located at the rear of the bmld~ng (e) Braiding form and shape ~s diverse in scale and features (f) The building has a protected entryway (g) The bufldmg's skin consists of masonry, stucco tnrn and a metal p~tehed roof All materials are h~gh quality and low maintenance All materials are internally consistent and compatible with the character of the area 4 Garage Door Onentatmn and Setbacks The project has no garage doors 5 Access Manaoement Prmcmles In accordance w~th mty ordinance, the project has employed access management principles m order to minimize traffic flow disruptions on collector and arterial streets 6 Street Trees The project ~ncludes large and decorative trees and meets the reqmrement of 1 street tree per 50 linear feet of lot boundary adjacent to a street 7 Pedestrmn C~rculatmn L~nkages The project's park;ng ~s linked to the building and prowdes an outside pawhon for employees There are no hnkages to adjacent properties 8 ~ The project prowdes 25 feet of green space buffer on the front of the property The parktng does not create large, uninterrupted expanses of pavement 9 Llghttng The project site hghttng will meet the i foot candle per square foot reqmred by c~ty ordinance and will be confined to the s~dewalk and parking areas It will not sh~ne upward and will not shine on adjacent properties 10 raffle C lmin Devices This does not apply because the project will not Include streets 11 Fences The project's fencing Is used a design element and ~s wsually approprmte for the proposed loeatmn The project wdl include a fence around the dumpster 12 Landseane Area or Art The project ~neludes extensive and tasteful landscaping that comphes w~th crt3 ordinance The landscaping includes large trees, deeoratwe trees, shrubs, sod and planter beds Clearly, the SSA Office ProJect is consistent w~th the pohmes, goals and strategies of the Comprehensive Plan and the Interim Development Regulations Also, it meets and exceeds the mm~mum ProJect Plan Standards set forth by the Interim Development Regulations To reqmre us to file a ProJect Plan would not benefit the eommumty m any way, but would merely deprive us of the eeonomtcally vmble use of the land For the above-mentmned reasons, we hereby petmon the C~ty Council to approve rehef from fihng the ProJect Plan as required by the Interim Development Regulatmns Because time is of the essence, we greatly appreemte any assistance the City Council can prowde m th~s matter Curtts Investments - Denton, LLC Encl 2 ! I II, Ill.l,~ .11, Q AGENDA DATE: February 20, 2001 DEPARTMENT: Planmng Department C~ DCM' Dave Hill, 349-8314 ~ SUBJECT - V-00-019 (Longrtdge Estates varmnce) Consider approval of an exactaon variance from Section 34A24(f)(3)(a) of the Code of Ordinances for a 12 244 acre property located at the southeast comer of FM 2181 (Teasley Lane) and Longndge The property is in a Single Family Dwelling -10 (SF-10) zomng dastnct Residential development as proposed The Planmng and Zomng Commlssaon recommends denial (6~0) BACKGROUND The apphcant has requested a variance based on type of development and the nature of surrounding development In determlmng whether or not to approve the exaction variance Caty Council must determine if the lmposataon of any development exactaon pursuant to the City's Subdlwsaon and Land Development regulataons exceeds any reasonable benefit to the property owner or Is so excessive as to constitute confiscation of the tract to be platted The apphcant is proposing to construct an above ground 16 foot wide concrete flume between two lots as an extensaon of an exmtmg concrete flume that drmns to a small creek The creek wall be filled to construct the flume The proposed flow through the two lots for the 100-year storm as 16 4 c fs By ordanance, an enclosed 24 anch pape system is reqmred (see attachment 1) PRIOR ACTIONfREVIEW The following as a chronology of development requests related to the subject property Apphcataon Date October 30, 2000 P&Z Date January 10, 2001 ESTIMATED PROJECT SCHEDULE The subject property as not platted and would need to be platted prior to any development A final plat has been submitted for review FISCAL INFORMATION Development of thru property wall increase the assessed value of the mty, county, and school dastnct It wall require no short-term pubhc amprovements that are the responsabflaty of the mty As a form of lnflil development, no extension ofpubhc infrastructure as necessary to servme this site (Y (ge;lda R~que~t ~ ~talf Repo~t(Lont~ulg~ P&Z SUGGESTED RECOMMENDATION The Planmng and Zomng Commission recommends demal (6-0) ATTACHMENTS 1 Planmng and Zomng Commission Reports, January 10, 2001, V-00-019 2 Planmng and Zomng Commission minutes from January 10, 2001 Respectfully submitted J~}ou~S Powell,'AIC2F D~rector of Planning and Development Prepared by M~ke Grace Planner I CC 4 qendtt Rtque~t & 5taff Report(l ongt ulge ~arlam e) doc ATTACHMENT 1 . WATER U~ILI[i~ 901-ATe~S~et Dento~TX 76209 (940)349-8452 Fax(940)349-7334 DATE January 4, 2001 TO Members of Planmng and Zoning Commission FROM Dale Hoeltlng, P E Semor C~wl Engineer-Drainage SUBJECT Request for Exaction Variance - Longndge Estates - V-00-t9 The exaction vanance request V-00-19 presented by Surveyors and Engineers of North Texas (SENT) for Longndge Estates revolves Section 34-124(f)(3)(a) of the Subdivision and Land Development Code Section 34-124(f)(3)(a) states, closed p~pe systems shall be required for d~scharges up to and ~nclud~ng the equivalent flow of a forty-e~ght-~nch pipe, unless the grade of the natural ground ~s less than 0 5 percent, then an enclosed p~pe system shall be required for discharges up to and including one hundred (100) c f s Please see Exhibit I for the location of Longndge Estates and Exhibit II for an illustration of the details related to the variance request In the case of Longndge Estates, the apphcant ~s proposing to construct an aboveground 16 feet ~de concrete flume between two lots as an extension of an emst~ng concrete flume that drains to a small creek The creek wll be filled to construct the flume Since the proposed flow through the two lots for the 100-year storm is 16 4 c f s and the proposed p~pe s~ze ~s 24 roches, an enclosed p~pe system to handle the flow ~s required by ordinance In the past, concrete flumes have been built under prior ordinances The ordinance changed ~n 1990 to the current standard that requires enclosed pipe systems as stated above Typically the concrete flumes were built to carry storm water from the street to an enclosed p~pe system, drainage channel, or creek Umng concrete flumes to move storm water between two streets, as proposed for Longndge Estates, has not been the standard practice ~n the past We have expenenced problems ~th concrete flumes budt to carry storm water above ground Over t~me, the flumes have been blocked by cars, boats, storage sheds, fences, firewood, and other obstacles that impede flow of water and cause flooding With an enclosed storm sewer system, the potentml for blockage of flow ~s substantially reduced Prowdmg a comblnabon dnveway and flume creates s~m~lar problems wth blockage Another ~ssue emsts if the flume ~s damaged or fa~ls ~n the future, wll the C~ty be asked to replace the flume and driveway Llab~kty for damage needs to be addressed Lastly, constant flow due to groundwater seepage and spnnkler systems cause a nulsanca s~tuabon for the homeowners whose dnveway is used to convey the storm drainage These types of constant flows often cause d~scoloretlon of concrete due to m~neral content or shppery mold to form Both of these conditions are common ~n the 3~ Southndge area Theretore, ~t has been the C~ty's preference to prohibit driveways ~n drainage easements If the flume is built, as proposed for Longndge Estates, water wll flow ~n the street almost daily from the flume causing detenoret~on of the street over t~me Another potential problem with the concrete flume to the street ~s a parked vehicle next to the flume during a storm event that will block flow and can cause flooding of the street and vehicle Final item to be addressed with the concrete flume is the ~ssue related to cost SENT has ~dentlfied a cost of $32,500 to construct the necessary enclosed p~pe system to handle the storm water as per the ordinance $15,500 was g~ven as the cost to construct the enclosed p~pe system to Longrldge Dnve as an obhgatlon for development Therefore $17,000 ~s the amount of money that the developer is claiming as addlbonal cost to comply with the ordinance Based on 41 lots ~n Longndge, the additional cost per lot is $415 If the concrete flume ~s built and does not function properly or causes flooding problems, then the enclosed system required by ordinance will cost roughly $60,000 to $80,000 to install The cost nearly doubles or tnples because the street pavement has to be removed and replaced, water and sewer I~nes and services relocated or replaced, barncades and traffic control installed, ~n addition to instalhng the pipe The street replacament and other costs are not part of the expense to the developer when the pipe ~s initially ~nstalled The result is a lower cost to the developer up front and a higher cost to the City ~f installed after the subd~ws~on ~s completed As a matter of fact, the same developer constructed the adjacent subdlwslon Whitney Park several years ago under the previous regulations, which allowed small concrete flumes Several years after the subdlws~on was completed, the C~ty used ClP funding to pick up water from one of the small flumes and carry it over to the Longndge Drive drainage system due to resident complaints As is the case with any property, the cost of drainage improvements per lot vanes greatly depending on the location within the watershed and the presence and adequacy of existing drainage systems Inhll projects such as Longndge have always presented issues where drainage systems were ~nstalled under different standards and existing system are ~nadequate based on h~gher cr~tena used today There is a dehcate balance between developing a project that can be profitable and at the same time try to accommodate drainage without causing flooding and potential expenditure by the C~ty m the future Section 34_124(d)(3) of the Code requires the developer to Impr°ve an existing drainage system that ~s ~nadequate to handle ~ncreases ~n flow from a development or prowde detention The C~ty is not requiring an upgrade of an existing drainage system for Longndge Estates We are merely requ~nng that the drainage system be constructed according to the prowslons of the subd~ws~on code that any new subdivision would be required to build There are many developers who have built subd~wslons with enclosed p~pe systems meebng our current ordinance In fact, an enclosed p~pe system is proposed through lots ~n two other locations on Longndge Estates near Teasley Lane City staff recommends the following Denial of exaction variance (V-00-19) from Section 34-124(f)(3){a) of the Code of Ordinances This recommendation is based on the ~tems presented ~n th~s document m X ,'Survey°rs & Engineersr [ ( [} 71 ,of North Texas 1621 Amanda Court JA Ponder, Texas 76259 PH (940) 482 2906 FAX ( 4o) Toll-Free (877) 481 SENT PLANNING & DEVELOPMENT WWW SENTCORP COM Monday, December 18, 2000 C~ty Council -City of Denton C~ty Hall Denton, TX 76201 Subject Exactlen Variance from Subdivision Regulations Request Project Name ~ We respectfully request a variance from the City of Denton's Subdivision Ordinance to continue surface drainage on the surface lbetween two proposed lots We feel that strict enforcement of this reqmrement exceeds any reasonable benefit to the property owner The property In question Is completely surrounded by development that has been constructed over numerous years under changing development standards Design of th~s ~nfill development in accordance w~th the current standards, and overcoming past m~stakes has been a challenge that has resulted ~n some unusual and unexpected costs We were required by the preliminary plat process to connect to Lynhurst This road was developed under old lot drainage standards, end was constructed too high for us to meet current lot grading criteria We are proposing to remove a portlqn of the existing road to transition the street grade down, and are provid~ng joint access driveways to establish the shallow swales required to drain the back yards in accordance w~th the current lot dre~nage standards Welestlmate that our clients are spending an add~bonal 16,000 in off's~te paving and driveways t° meet the new lot dralhage standards An existing concrete channel now flows onto the property from a C~ty of Denton Drainage Easement This ex~sbng flow, if piped to Longrldge, in accordance with the City of Denton Master Drainage Plan, flow would exceed the capacities of the existing systems the City and State installed in Longridge If these systems were designed to current standards the cost of the underground pipe system to contain this flow would be approximately $15,500 In our review Of the plans with Dale Hoelting we d~d not find capacity in the Longridge pipe systems for the flow from Area 'A-7~' and conclude that the City and State d~d not follow the C~ty of Denton Master Drainage plan and route flow from this area to Longrldge Drive Although the States design d~d not call for Area 'A-7a' to go to the underground system In Teasley Lane, we did find capacity in this system To make the system work we had to divert more drainage area into their system at the point where area DI1R enters the Teasley Lane underground system This required a parallel system that added approximately $20,000 to the cost of the storm drainage system In addition to these improvements the Cty Staff is recommending that a pipe system be installed from the end of the existing cohcrete flume, between two lots to the storm sewer system ~n Jefferson Trail We eshmate the cost of this 570-foot extension of the storm sewer system to be approximately $32,500 Our proposal provides a joint access drlvew~ay that Is designed to contain the 100-year storm and d~scharge ~t into Jefferson Trail Our calculations In{ticate that Jefferson Trail has capacity to convey both the 10-year and lO0-year storms within their allowable depths We feel that ,,,e proposed joint access dr~ve reduces the driveway cost to the builder therefore adding to the value of the adjacent lots We do not feel that taking th~s flow underground between the two lots adds $16,000 to the value of each of the adjoining lots By continuing the overland flow we can convey the 100-year storm between lots 2 and 3 block 'C' and along Jefferson Trail in a safe and cost effective manner We violate the City of Denton Underground storm sewer Pohcy for approximately 160 lineal feet, yet with this variance will be able to ehm~nate 570 lineal feet of underground storm sewer Because of the changing regulations and design failures ot the adjacent Improvements we have already added over $20,000 In unanbcipated costs By granting the variance and continu~ng a pohcy that was acceptable at the time of the adjacent development, we feel that we can achieve a safe and cost effeohve solution to this drainage problem We hope that you agree that the underground storm sewer system, between lots 2 end 3 block 'C' do not add $32,000 to the value of these two lots, and ask that you approve our variance request Thank you for your consideration of this request Sincerely, Greg~dwards, P E SEN:r Corp CC Dale Holbng J~m Strange O22_CE_LongndEe estates 2 10 00 LONGRIDGE ESTATES CONSTRUCTION COST ESTIMATE - (1211812000) COST OF SYSTEM TO LONGRIDGE PER MASTER DARIANGE PLAN JUNCTION BOX i EA $2,500 O0 $2,500 O0 24" STM PIPE 175 LF $36 00 $6,300 O0 PAVEMENT REPOACEMENT 20 LF $20 O0 $400 O0 TYPE WYE INLET IEA $3,500 O0 $3,500 O0 SAFETY 175 LF $1 O0 $175 00 SUBTOTAL CONTINGENCY TOTAL ESTIMATE COST OF ADDITIONAL OUTFALL TO TEASELY LANE FIELD CONNECTION 1EA $500 O0 ~ 36" STM PIPE 253 LF $54 O0 $13,662 O0 JUNCTION BOX 1 EA $2,500 O0 $2,500 O0 'RENCH 253 LF $1 O0 $253 O0 SUBTOTAL CONTINGENCY TOTAL ESTIMATE COST OF ADDITIONAl. SYSTEM TO COMPLY WITH ORDINANCE JUNCTION BOX 1 EA $2,500 00 $2,500 00 24" STM PIPE 570 LF $36 O0 $20,520 O0 E INLET i EA $3,500 00 $3,500 O0 TRENCH SAFETY 570 LF $1 00 $570 O0 SUBTOTAL CONTINGENCY TOTAL ESTIMATE COST OF OFF-SITE PAVEMENT AND DRIVEWAYS ~LIME STABILIZATION 194 SY $1 90 $368 60 ~ ~HYDRATED LIME 4 TN $110 O0 $440 O0 I ~,ONCRETE CURB AND GUTTER 106 LF $9 00 $954 00 ! 5" H M A C TYPE 'D' 159 SY $2 50 $397 50 H M A C TYPE'A' 159 SY $7 30 $1,160 70 DRIVEWAYS 4000 SF $2 50 $10,o00 O0 SITE 106 LF $2 O0 $212 OO SUBTOTAL CONTINGENCY TOTAL ESTIMATE 15 18 5 04 13 05 ~ 06 o7 ~ AREA 'A-8' os 7 50 AC LONGKIDGE ESTATES EXHIBIT II ATTACHMENT 2 Page '5 I I would be more than happy to r~nove motel from I MR MC~.Emt okay So a s been moved and motel/hotel from that part,cular hst I put forth 2 seconder that the hghtmg and speaker condmon as Probably several things in there I m~ght not have 3 stated that the morion be approved Do I hear an~, there myself but I know those are ali things that 4 ad&tlonal discussion9 Vote on the board please Momm r we have been a little 5 passes 5 1 6 6 (COMMISSIONER R[SHEL VOTED IN OPPOSITION ) 7 aDP 7 MR MCNEILL The next item on our Agenda :s 8 8 Item 11 consider making a recommendation to the C~tx 9 9 Council on exaction variance Let me back up on thai 10 10 I'm getlmg a request here and, according to our ruk.,, tl recolleenon 11 unlesslhearothorw~se v, elltakeabreak It's73:, 12 adjacent to either 12 Let a take a ten-minute break 13 to a 13 (BREAK TAKEN) 14 'ahat was being looked 14 MR MCNEILL I 11 reconvene tho Planning and 15 15 Zomng Conu'msslon for January the 10th 2001 And th~_ 16 tram 16 next aero on our Agenda ~s Item 11 consider making a 17 ~ a motel down 17 recolmnendatlon to the C~V2 Councd concerning aa cx 18 them because 18 variance concerning a p:pe system And I beheve Mr 19 be. re So I I I said earlier, 19 Ho~lung ~s going to bring us a report on th~s 20 1:, 20 MR HOELTINO Good evening members of th~. 21 21 Coimmsslon While we were on break, I handed out saint. 22 22 additional exhthas in addluon to the report You hal~_ a 23 23 written meom report and then there s some adda~on'~l 24 Or we could drop the whole laundry list and s 24 hgures, F~gures 3 4 and 5 that were not submmed x~ ~th 25 ox er with someone else's recommendations 25 the anginal and we'll go ox er those m a nunute We are Page Page 52 I MR MCNEILL I think at this point what the I hem tonight to consider an exaction variance r~.que~t 2 open for is a motion 2 V 00-19, that is being presented by Surveyors and 3 had some discussion of ttems that are on, 3 Engineers of North Texas for Longrtdge Estates It 4 districts So a 4 Involves Section 34-124(f)(3)(a) of the Subdivision and 5 point have a motton to So 5 Land Development Code 6 do I her Colmmsstoner Holt 6 In surmnary, this ~ectlon of the Code statc~ 7 its I move to 7 that closed pipe systems shall be required for dv,{.hargcs 8 8 up to and including the equivalent flow of a 48 inch p~pc 9 shine on or 9 unless the grade of the natural ground ts less than 5 10 &sturb to shine or 10 percent, then an enclosed pipe system shall be required 11 project upward 11 for discharges up to and including 100 cubic feet per 12 sky 12 second 13 MR MCNEILL W moved to approve this 13 Ftrst, I want to orient those who may not 14 ,,v~th the condition Commtssxoner 14 familiar with the site The location ts located south al 15 Gourdie 15 Longrtdge The site is located south of Longrldgc and 16 second 16 east of Tensley Road A little bit bigger blow up al tin,, 17 MR It'S 17 particular site, we can show you basically the lntrical~. 18 Any discus 18 details of what's being proposed for Longrtdge 19 I would hke friendly 19 Thts map shows some of the drainage area~ and 20 Can 19 20 some of the storm sewer system What's tn question 21 IR MCNEILL Yes 21 tonight ts that we have an existing flume -- and maybe 22 MS GOURDIE I would like tc 22 me put that exhtbtt up here on top It wtlI be ea~r tn 23 ', no external speakers 23 see We have an existing flume that runs, a concr~t~ 24 MR MCNEILL would you accept that'~ 24 flume that runs from Sax annah Trail out mia an cx~ttog 25 MS HOLT Sum 25 creek The extstmg creek then flows across this property THE PLANNING AND ZONIIqG COMIVII$ ..... "ANUARY I0, 2001 Page 49 - Page 52 1~. CondenseltTM I Pag~ 53 Page ~5 I towards Teasley In Mr Edwards original report, he had 2 'Flats ts a few pictures of what the existing 2 indicated that the area that currently drams to the flume 3 flume looks hke This Is Savannah Trail The existing 3 was designated by the Master Drainage Plan to go to 4 flume drains this direction and then we have tho creek 4 Longndge Estates and that Longndge Estates thd not 5 directly behind tt Here's a few more pictures of what 5 the capacity to carry the flow which in actuality ~s not 6 the flume looks like coming down, this being the end of 6 the wa3. the original Master Drainage Plan had shm~cd th, 7 the flume, the creek 7 flow to be That ~s this v. hole area was always designated 8 MR MCNEILL Excuse me Where is that 8 to go to Teasley The existing capacity m Teasley Lam. 9 picture right -- ts that at the end of -- 9 wall accoounodate that flow I know m his ~ort h~. h 10 MR HOELTINO This is the end of the actual 10 mthcated that there was adthnonal expense to take care 11 concrete flunle 11 of tius area and this ts '~hat I'm basically indicating to 12 MR MCNEILL In the proposed property9 12 you that the C~ty of Denton ts not requmng thc flor, to 13 MR HOELTING Ill relationship to the 13 be &vened anywhere than where it was originally propo%d 14 property, It'S the upstream or, actually, what we consider 14 m 1975 15 the east side of the property The property of Longrldge 15 Wluch brings us to the method m which thc 16 ts here There are existing houses tn this particular 16 flow ts to be taken from the existing flume to Teasley 17 subdtvlstoll 17 Teasley Lane being here Th~s being the existing concrete. 18 MR REICHHART YOU're Just looking into the 18 flmue Our existing ordinance reqmms, due to the fact 19 subject property 19 that the 100 year discharge is 16 cubic feet per secmld 20 MR MCNEILL Right That's what I thought 20 which ts less than the 100 as stated in our ordmanct, ot 21 Yeah Thank you 21 the pipe size being proposed ~s 24 inches in diameter 22 MR HOELTING Okay Thl. s ts a picture of the 22 that this all be placed underground That they wen. to 23 actual creek that this existing flulxle drams to This ts 23 build what we call a Y inlet u's a square box with aa 24 a view looking back towards the street, this street being 24 opening on all four s~des to capture the water, mn ~t ~5 Savannah I would estimate that we have 100 to 150 feet 25 underground tn a piping system, and down the pmpo%d Page 54 Page 56 1 of concrete flume And this is the other side of the I what the> 'm proposing as Jefferson Trail 2 actual area that drains to the flume So that just kind 2 The est,mated cost that the engineer put 3 of g~ve* you a visual picture Of what*s out there 3 together was $32 200 00 to do that Many times peoplt. 4 currentiJ, This drainage I'll go over m a minute 4 only look at the cost of what tt takes tu put m the 5 What you did not have m your original packet 5 ground as far as expense to the dmeloper Thn lssttc hot 6 was some additional exhibits Back m 1975 the Cay had a 6 ts is that if tlus is put tn it doesn't function 7 master drainage study done by a consultant and It 7 properly and we 11 go o'*er reasons why we prefer the 8 mdtcated this area that was where the flmne cum~tly 8 underground system but typically, it wtll cost two to 9 ex~sts to take out, take this amount of drainage area 9 time t~mes the original estmmte for the City to install 10 This ts the amount of flow that was originally designated 10 this same system due m the fact that you will have 11 to come to Teasley That's about half of Longndge 11 pavemeat in the ground You'll have a street that you 11 12 Estates Tile other half ts another drainage area here 12 have to remove and replace pavement You'll have water 13 which v, as also designated to go ~ Teasley 13 and sewer services that ha~,e to be taken out 14 In 1994, '95 the City d~d a capital 14 So many umes :~,hen we look at variances 15 ~mprovtnnent project to improve some of the drainage out on 15 look at costs we typmall~, look at the up-frost cost that 16 Longndge Th~s ts the actual area that they had 16 it would cost the deseloper to put m the project and 17 designated to go to Longrldge The remaining area was 17 never really look at long-term five years ten years down 18 still to go tO Teasley 18 thc road If something fails doesn't function properly 19 Thls Section 2 ts a small area and we 19 what ~t v, ould take the City to put in And usually it s 20 indicated in a report that there had bseu some complamta 20 two to time tunes what the original cost would be becau% 21 when the original subdtwstan west tn about nuisance water 21 he can put this p~pe m the ground before any of the other 22 flowing across what used to be, I behove, an open 22 improvements are tn 23 concrete system This area was put underground through a 23 One of the - the existing flume I believe was 24 capital improvement proJeCt and some of this area was 24 built prior to 1990 In 1990 our ordinance changed to 25 actually brought to Longndge Estates 25 what we currently have which reqmres everything to go THE PLANNING AND ZONING COMMI[ IANUARY 10, 2001 Page 53 - Page 56 11- Condens¢ItTM Page 57 Page 59 I undergrouad There s a very good reason why we put I property We ha,,c instances such as Ryan Ranch wht. rc 2 c',,eryth~ng want everything to go underground In 2 built these underground systen'ts Kings Ridge ~s another 3 concrete drones and I'll illustrate a few ex,sung ones 3 one that s coming m that they m actually butld~ng thc 4 we have th~s particular one ~s a drone between the house 4 same underground s3. stem So we have other subdl'. 5 that h~stoncally people would stem firewood, park their 5 that am all comply mg with the rcqmmmeat that 6 boats park cars, everything else m the drones and we 6 e'~erythmg be put underground 7 actually had to install a gate to keep people from 7 The reason the exaction variance ts m front 8 accessing that area Th~s Is another pmture It s hard 8 of you is because they're having to add an addtuonal 500 9 to see but the cul de sac ts actually over here and this 9 feet of p~pe to accoimnodate the underground system Th~_ t 0 actually ts a drainage flume It actually docs also 10 existing s~,stem, the5 m proposing would end here ti Iht.> 11 access two driveways but we stdi have the same issue of 11 had the concrete drone so the water would coinc here doxx n 12 x chicles parked m the particular drano itself 12 and into rite actual curb inlets 13 Now, the apphcant has requested that they 13 ge have had subdlvis~ons who have had to 14 have a combination flume and driveway The flume being I 14 extend their syst~ns at least 500 feet m other cases 15 believe, 16 feet at its w~dest pmnt We do have the 15 mere than 500 feet to accoommdate this provision And 16 poteotml that what happens to the ~tm~e if it degrades or 16 I stated esther ge d~d have an instance where the Cay 17 fails it's in a pubhc easement Who's responsible for 17 came back where '.~e had above ground flumes and because of 18 replacing thc fltuno abo'~e ground including their entire 18 thc constant cmnplamts of the water, thc d~scoleraUon 19 dnveway~ We don't need 16 feet obviously to carry the 19 the concrete people always hawng to drive through it 20 amount of flow being we typically have about a five or 20 the mnsance ~ssues that were with it in fact, I talked 21 six toot drone now You always introduce the posstbthty 21 w~th my drainage person and ho said that the actual flume 22 et that being blocked daring a stoma event 22 under Sa'. annah before they actually built ~t was growing 23 If we have a vehicle parked at the cod of the 23 canmls at one tu'ne There was that much water that wa., 24 street and we have a storm event, that particular vehicle 24 continuously mnmng through tt 25 could get flooded, could ~mpedc thc flow In addtuon to 25 There are a lot of issues pros and cons to Page 58 Page 60 I that any traffic coming tlu'ough there if we have a major 1 one or the other Obviously, the advantage to the 2 storm event and the flume water actually comes into the 2 developer ts a lower cost of doing a flume But to thc 3 street from the opposae street, you're creating a traffic 3 City, It% the long-term maintenance, the long-term 4 hazard Whereas tf you have tt underground, you don't 4 liability, the public health, safety, and welfare of open 5 ha,,e that sm:ac ~ssue with water flowing into the street 5 flume versus a below ground flume And based on thc 6 Typically drones that were bmlt m the past 6 tnfonnanon that has been presented to you tonight, ,.tall 7 under the old regulations typically drain from thc strut 7 Is mcommendmg dental of the exaction variance a,, 8 to a creek We don't ha'~c and I ha'~cn't been tn the City 8 presented tonight Do you have any questions9 9 long enough to know this but typmally flumes are not 9 MR MC\EILL Comarasstoner~, you've heard the 10 built tu go from one street to another They're built to 10 staff report Do )ou have any questlons'~ Clanficatmn, 11 take drainage off the stu:et mto a creek 11 the dark black line up here, this drawing ts a propo,,al by 12 One of the other thtugs that potentmlly will 12 the apphcant, not by you'~ 13 occur here ~s any time anyone waters their yard water 13 MR HOELTING Yes 14 wdl continue to mn mto the street And over a long 14 MR MCNEILL They drew this drawmg'~ 15 per~od of nme, water that runs in the street tends to 15 MR HOELTING Let me sort of clarify tht~ 16 degrade the street itself 16 The black, heavy black line -- 17 Those are just some of the ~ssues that we have 17 MR MC\ EI LL That rs the open flume 18 md~cated in our report Our preference - and one of the 18 MR HOELTING That*s the existing fltunc Thc 19 other things I wanted to mdtcate is that we have numerous 19 portion here out to the street that you see the two ltnc~ 20 sub&ws~ons that have been bmlt over the last two to 20 outside lines, that's they're proposed flume The other 21 three years and we have situations where we have what we 21 pipe system is what it would take to comply with our 22 call off s~te runoff coming tram another location through 22 regulation This is what the staff ts recommending be 23 this site 23 built here tn heu of the flume 24 Our ordinance requires people to pick the 24 MR MCNEILL SO under this proposal, th~s 25 off sae runoff take the off-sste runoff through their 25 open flurnc, the black and the dashed hnes, would dump THE PLANNING AND ZONING COMMIS[ 1'2 '~NUARY I0, 2001 Page 57 - Page 60 CondenscItTM Page 61 Page 63 I into a pipe that runs underneath the - capacity to serve this area If that had been designed to 2 MR HOELTING NO, the'/~ would be no p~pe 2 do that it would have been very easy for us and it would 3 MR MCNEILL okay 3 have cost about $15 500 00 for us to p~ck that up in the 4 MR HOI~LTtNO tt would physically run from 4 inlet at the end of the flume and take it over to 5 Savannah through th~s flume through the extension of the 5 Longndge So that you know if that system had 6 flume and out to Jefferson Trail 6 capacity was designed in accordance with the City of 7 MR MC'NEILL TO tho 8Wg~t? 7 Dentoo Master Drainage Plan designed in accordance ~ nh 8 MR HOELTINO TO the street yes 8 the Drainage D~'vldo Plan that the State of Texas did 9 MR MCNEILL That was my question Okay 9 that s wbat we felt our fmr share cost to th~s problem 10 Thank you Other questions9 Very good Is the apphcant 10 should have been 11 or apphcant's representative here and would like to make 11 Our solut~oo is to do connnuc the concrete 12 a colm'nent'~ 12 fltm~e and basically make it a double driveway so that Loth 13 MR EDWARDS chairman mombers of the 13 2 and 3 can add to that Instead of S15 500 00 were 14 Commission, my name is Greg Edwards I'm with Sur,,eyors 14 spending about $12 000 00 to put that concrete flume m 15 and Engineers of North Texas We are desigmng the 15 Another problem that we have ~s that when thc 16 protect 16 State of Texas did the design for the pipe system that ~s 17 MP, MCNEILL Stat~ yom' address 17 at Teasley they had projected fills alx~l to go to 18 Ma EDWARDS We're at 1116 -- we're at 1621 18 Longridge And so we had some d~fficulty fmthng capacity 19 Amanda Court in Ponder I think starting off w~th the 19 in their system Fortunately we did find capacity m 20 project as we've gotten into it basically this ~s an 20 their system at th~s location Most of this area was 21 lnfill type development Them are certain probleals that 21 supposed to come into their pipe system at this location 22 you ha'~e with Infill And in gems through we noted one 22 What we've had to do to make the hydraulics work lO this 23 of those in our report to the City was basically with the 23 system is basically extend two p~pe systems up to our 24 changing policies and trying to match what's existing 24 road one to p~ck up a smaller area to relieve th~s excess 25 those kind of things, we had to in th~s area remove some 25 water that we've got coming into the system to come do,,x n Page 62 Page 64 I of the pavement and we had to do some concrete driveway I bern We're speadmg an extra $20,000 00 to put that m 2 flumes to try to address thc City s - 2 If this area had been diverted over to 3 MR MCNEILL I m not clear whece you re 3 Longr~dge, we feel like we would have been able to put all 4 pointing to Move tho drawing up Them you go 4 the flow in the mare system that - and the mare stub out 5 MR~ EOWARI:)$ It'S over on the other side of 5 that TXDOT had left for the development of this area So 6 the development And basically we've had to spend about 6 that s what we feel our actual cost is We're speathng 7 $16 000 00 because -- to correct problems to bnng tho_n up 7 about $20,000 00 plus another $12,000 00 to solve th~s 8 to your current Code because adjacent developments had not 8 $16 000 00 problea~ 9 follova~d those Codes So that's kind of a little 9 In add~aoo the City and we agree with the 10 background 10 City staff that's why we're coming in w~th a variance 11 When we ran rote this particular problem, If I 11 that the ordinance would require us to spead the money to 12 can ge back to - tf I could highlight that One thing 12 put the p~pe system in That would be another $32 000 00 13 that the City of Denton Master Drainage Plan has as a 13 If you look at it at fmr share cost we feel that our 14 drainage diwde lane right there And the off site area 14 fair share cost to the drainage problem as $16 000 00 We 15 oorth of Longndge Estates, bas~cally th~s area has some 15 feel that we're spending $32 000 00 to solve it and we're 16 inlets in there And the way that we ha,~e ~nterpreted 16 reqnestmg a varmnce so that we don't have to spend 17 this plan Is that this area gets picked up in Longridge 17 another $32 000 00 18 Now, not only we ha,,¢ interpreted that way but 18 From the health, safety issues basically ~! 19 the State of Texas when they did their design for the 19 you looked at the photos there was no discolorat~on m 20 drainage m~provements that were In Longeidge they showed 20 the concrete That's been there for more than ten years 21 this area ~a come to the Longndge system 21 accorthng to the staff information We don't have 22 Dale and I went over those plans spent about 22 anything to dispute that one way or the other The flow 23 three hours as I recall one afternoon going over there, 23 that we have will be contained within the concrete from 24 and came to the conclusion that that area, that this p~pe 24 the end of the flume all the way out to the road 25 system that the State of Texas designed dM not have 25 We have done the calculations and shown that THE PLANNING AND ZONING COMMIF''''~'' IANUARY 10, 2001 Page 61 - Page 64 13- Con& :ns¢ltTM Page 65 Page 67 I Jefferson Trad has the capac~ty to convey tha flow I'm I MR EDWARDS Well I'ntjustasconvlncedthc 2 assmmng that even wah cars parked In Jefferson Trad, 2 car is going to be there as ff they had ~t parked out on 3 that tt has capaca~ to convey that flow w:thotu damage 3 the road 4 We feel that the flume that we're proposing also has that 4 Ms OOURDIE ,',nd what's the other purpose el 5 capacity 5 not just leawng ~t as the creek'~ What kind of cost 6 And In your urdmance it talks about the -- 6 difference since this :s ali pretty much based on cost 7 one of the reasons to grant the variance is that the cost 7 leawng the ex:sting creek to Jefferson Trod? 8 of the pubhc lmprovemeots doesn't have a benefit to the 8 MR EDWARDS Leaving file existing nll~ in 9 de,,elopment You know, basically, the underground system 9 not an option that would meet the Subthwsmn Rcgulanoas 10 would improve the value of Lots 2 and 3 We don't think 10 MS GOURDIE And my last questmn is. one 11 that it adds $32 000 00 to the valoe of those lots And 11 muretune whatisthepnced~fferencebetweendmng,~ t 2 basically that's our case If you agree with us I think 12 16 foot flume thc length of a lot versus putting m 13 you can approve this variance and we'd appreciate your 13 underground p~pn'~ Just tell me was it $16 000 00 14 support And If you have any questions. I'll try to 14 because you threw a lot of numbers around 15 answer those 15 MR EDWARDS Are you talking about just the 16 ~411 MCNEtLL colmmss~oners, do you have 16 length of the flume9 17 questions'~ Commissioner Oourdie 17 MS OOURD[E I JUSt want to know how much u 18 MS OOURDtE Mr Edwards I do haxe a 18 costs to lay the concrete to the flume versus laying a 19 question concerning file drone being also a driveway 19 p~pe and pouring concrete over ~t and thee grassing o,~cr 20 Ma ED;', ARDS YeS 20 ~t 21 x~s (}OURDIE I JUSt have a hard time I 21 MR ED%ARDS well tile trouble is we'vegot 22 can t. as a homeowner, I think that I would be htlla 22 to extend ~t another 300 feet down to this locatmn 23 lrustrated on a rmny day pulhng into my drlx away and 23 MS ooUnoIE okay 24 having to go through four inches of ram coming at me 24 MR EDWARDS SO the total cost of the one 25 How do you propose to sell a lot to a person tclhng them 25 system is -- the underground system is $32,000 00 And Page 66 Page 68 I that th~s not only is your great driveway but you're also I then we have -- we re estimating the cost of the flume at 2 going to have to park your cerm it, too? 2 about $12 000 00 So there's a dlffemntml of about 3 ~a EDWARDS v, ell I lived out on Bell Avenue 3 $20 000 00 4 before they did the lmpro'~ements out them and routinely 4 MR MCNE[LL nut aren't you going to -- 5 the water got up above the curb and I routinely perked my 5 excuse me I m going to follow up on her question 6 car on the curb And it was a matter of stepping over 6 Aren't you going to have to put the underground pipe along 7 water and making a nice httle leap Into my car That 7 Jefferson whichever way you go? 8 v, asn t the most desirable s~tuatlon but I really didn't 8 Ma EDWARDS We have to pink up - Jefferson 9 have a problem with that 9 has capacity 10 We do have the flume acting as a drtveway 10 MR MCNEILL BUt does it have a pipe under a 11 We re assuming that these are gemg to be J dr~ves or - 11 now? 12 and when the builder comes in, he can use this as a 12 MR EDWARDS NO it doesn't It has capamty 13 driveway and mtmmlze his cost So that will by 13 down to this point The flume is up here And so we 14 contbmmg tho dr~,eway and the flume, we can get some 14 would ha,,e to p~pe it from this location out to Teasley 15 benefit to the builder and the homeosvner And using that 15 MR MCNEILL EXaUSa me Commissioner Oourd~c 16 as a drone and if we have a J-drive where they'll have 16 I just wanted to follow on your question Are you 17 enough room to park m front of the garage that would 17 through9 18 probably be pointed you know in perpendicular to the 18 MS (~OUaOm sure Go ahead 19 drive, the car and the area where you would enter the car 19 Ma MCNEILL okay I'm through 20 would be outside the actual drone area Now if somebody 20 MS OOUaD[E I did have a followothrough 21 parked ~n that drl,.e and them was a 100-year stom~, 3. au 21 Then what ~s to stop -just have the flume come to thc 22 know and they tried to enter from the flow line of the 22 road - I mean the underground pll~ come to the road and 23 fltune they re 8omg to gat thetr feet wet 23 drain directly onto Jefferson Trail? Why is that not au 24 ma MCNEILL very good I think you ve !24 optmn? Which in my mind is tho exact same thing 25 answered Cormmssioner Oourdle'S questton 25 MR EDWARDS tdon't know THE PLANNING AND ZONING COMMISS 14-. NUARY 10, 2001 Page 65 - Page 68 CondonscltTM Page 69 Page 71 I MS GOURDIE Okay I'llaskMr Heelttng I subd~wsion alotofpeeplem~ssthosethmgs $o~t 2 when he comes back 2 does have .o do with you know, thc way that you ex aluat~. 3 MR EDWARDS I think when you have an 18 or a 3 those things 4 24-inch pipe d~schargmg onto a curb, that would look a 4 Ma WILLIAMS My next quesUon ~s safcty I 5 little strange 5 have grandchildren And as I looked at this I would fccl 6 MS GOURDIE Okay 6 very very sad ff a child m Denton drowned because a 7 MR, MCNEILL commissioner Williams 7 dcesn t take that much water for a child to drown m th~s 8 MR WILLIAMS Yes Are you an engineer? 8 open space 9 MR EDWARDS Yes, sir 9 Also you sa~d something ~f I assm~c that 10 MR WILLIAMS okay I'm surprised because I 10 there arc no cars on the streets well I've been m a lot I 1 don't norirlal[y hear engineers say "I assume" and "I feel" 11 el c~t~cs and I ye ne',er seen a street w~thout cars parked 12 That's ~omethlng engineers don't say But anyway My 12 on the s~de unless I was m New Orleans and they v, erc 13 question is, how many lots are you going to have9 13 towing them away There is no parking But ~f there :s 14 MR EDWARDS That's a good question I've 14 parking on the streets and it's allowed there are cars on 15 heard 41, 17, 33 -- 41 15 the street So what about the safety ~ssues here'~ 16 MR WILLIAMS Okay, 41 So we're talking 16 MR EDWARDS If ! misspoke I meant to say 17 right at $400 00 per lot added expense'~ I'm not an 17 that I assume that there would be cars oo the street 18 engineer but I can divide and multiply 18 Ma WlCCI^MS okay 19 Okay, S41500 Would $415 00 per lot make 19 MREDWARDS ARdlfit'ssa£etoparkearsml 20 your project econom, cally unfeasible'~ 20 thc street in a 100-year storm, I'm sure that it's safe to 21 MR EDWARDS Probably not $415 00 per lot 21 park cars m the flmne or in the garage 22 We're spending about $16,000 00 on some other things to 22 Ma WlLLI^MS Thank you 23 address, you know, the changes In the Codes, to upgrade 23 Ma S'rRANGE If I could jmnp in I'm involved 24 that to meet the new Codes already 24 with the development 25 MR WILLIAMS Okay But we're not here to 25 Ma MCNEIt. L who are you and what's your Page 70 Page 72 I deal w~th that We're just here to deal w~th the I name? 2 drainage 2 MR STRANGE My name is Jnn Strange and 1 3 MR EDg, ARDS ~,s ell, that s the total COSt of 3 live at 2025 Tremont C~rcle here in Denton 4 the project We would like to look at a as the cost is 4 MR MCNEILL YOU're part of the development`) $ S32 000 00 to improve the valae of these two lots We 5 Mn. STRANGE YeS I'm involved in the 6 have other public m~pro'~ements and that kind of stuff 6 development as one of the partners and tho managing 7 You can assign thcan whichever way you want to and you can 7 partner for this I came up to -- when Mr Williams asked 8 look at Dale's numbers and it's $415 00 per lot And you 8 th~s question about it's only $400 00 per lot, I don't 9 can look at it my way and it's $16,000 00 cost per lot for 9 know where Dale came up w~th that number but that s not t 0 those two lots 10 exactly correct The way, as (keg pointed out at the 11 MI{ WILLIAMS so in other words, everything 11 begmmng, per the Master Drainage Plan this would has 12 that you do in your project the way you're figuring it 12 been fine for us to p~ck up th~s water right here at the 13 out you're just going to add it to the lots that It 13 end of tho fltune and put it in Longrldge like it's 14 affects 14 supposed to be It would have been $15 000 00 and 15 Mr{ EO',S A~DS SS e have to look at that When 15 wouldn't be here and this would be a moot issue 16 ',se look at layouts and that kind of stuff when -- this is 16 Because of the way that ~t was designed w~th 17 something I see all the t~me is, you know, you have a 17 the C~ty and TxooT as they've brought to the table 18 little bit of extra depth on some properties so a lot of 18 Longndge will not handle th~s water where it's supposed 19 engineers will go throw a cul-de sack in there And 19 to go Therefore we've had to now take ~t into our 20 allowing that cul-de-sac they'll pick up five lots The 20 development What that s caused us to do instead of 21 problem is If you thdn't spend $60 000 00 and build that 21 putting it over here in Longndgn at a cost of $15 000 00 22 cul de sac you'd probably get four lots anyway So the 22 we've now had to put it in over h~'e the way we're 23 cost of that cul de.sac for one lot is $60,000 00 for that 23 proposing it at $12 000 00 for the flume to get it to 24 part~cular lot And those are tho kind of things -- now, 24 Jefferson 25 if you take that and you spread it over a whole 25 In addition to that, in order to spread tho THE PLANNING AND ZONING COMMISS! NLIARY 10, 2001 Page 69 - Page 72 -7.5. CondonscltTM Page 73 Page ~5 I capacity, we've got $20,000 00 that we've got to put in a I that s the bottom part of the drawing You have to do 2 secondary pipe system So $20,000 00 and $12,000 00 is 2 that 3 $32,00000 It's not $16,000 00, lt's$3200000 Sonow 3 MES'fRANOE wehavetudonhecauseofth~. 4 tts $800 00 per lot That's thc way we're proposing to 4 pipe system 5 solve this problem 5 MP, MCNEtt.t. Eight So the questmn reallJ. 6 The Cuy is proposing that we had the 6 the quesUon before the Commission ~s the proposed fluutc 7 $20,000 00 for the secondary pipe system plus as Oreg 7 should it go underground or should u be open And 8 pointed out, the addtuonaI pipe to p~ck it up at th~s 8 still have not heard an answer to Colmmssioner Gourdes. 9 point and carry a all the way down here which is 9 question is if that goes underground versus leaving 10 S52 000 00 10 open just for that what's the additional cost? 11 My point is co,au'non sense is that all th~s 11 MR STRANGE ;veil the additional cost IS 12 water ends up going in this pipe and it's a matter of 12 $32 000 00 to put it underground versus $12 000 00 13 obviously money That's why we're asking for an exaction 13 Ma MCN£ILL SO a's $12 000 00 14 variance I don't understand how it's worth $52,000 00 to 14 MR STRANOE It'S $12 000 00 to do it on a 15 get the water from here into t.Ms p~po than it ~s to let 15 flume It's $32,000 00 to put it underground In 16 it come across an open concrete fltune which it's dome 16 addition to that th~s is something we've already agreed 17 now, continue m an open concrete flume, put it m the 17 that wa wdl suck down the additional dollars It's 18 street and then catch it in the pipe system here That's 18 already $20,000 00 because we can't put it over here where 19 where I'm coming at from a developmeot standpoint The 19 it should have gone in the first So it's $20,000 00 plus 20 rationale for putting it all underground and end up 20 $32 000 00 Plus again as I say I know this is not 21 getung to the same point doesn't make a whole lot of 21 here 22 sense to me 22 Mn MCNEILt. SO it'S a $20 000 00 dlfferenc~ 23 And the pictaees that were shown and all the 23 MR STRANOE NOt necessarily It should haxc 24 problems with water that's colne in I didn't see any water 24 gone from here to -- 25 in the flmnes that were shown I didn't see any staining 25 Mn MCNEILL well I know where it should Page 74 Page '6 I m diem People as far as parking m the driveways and I have gone but I'm Just saying -- 2 thc flood issue if it s raining and there's that much 2 MR STRANGE I know, but we dldn t make the 3 water, I would assume most people would probably pull in 3 mistake of EOt s~zmg th~s pipe correctly We should hex e 4 the garage and not get out in the g~ant 100-year stone in 4 been able to take it where a's shown on the plans 5 the middle of the driveway and get soahed get~mg rote the 5 MR MCNEILL SO it'S a TXDOT problem7 6 house 6 MR STRANGE well the City of Denton is what 7 So trying to look at it from all those 7 prowded that to TxDo'r It should have been $15 000 00 to 8 different pomts of view, that's where we come at it And 8 do here but we're domg $12 000 00 and $20,000 00 ~ltat 9 I guess if it's flint unportant ~ the City and as Dale 9 we're prowdmg So it s $32,000 00 instead of $15 000 10 sam earlier, tt costs two or three times for thenn to conic 10 to us 11 back and do it we 11 pay for the first $15,000 00 like we 11 MU MCNEtLL very good Couunissloners do 12 should have on the begmmng and they p~ck up the rest of 12 you have addmonal questions for the applicant? 13 the cost for all the rest of this and do tt the way they 13 Conumssioner Apple 14 want to do it and save thunn money in the long nm I 14 MS APPLE I don't have a question but I d 15 don't think that's an issue here But when you add ali 15 hke to say thank you for making that much clearer than 16 the costs of it, it's not just $16,000 00 and $400 00 a 16 was 17 lot It ~s a substantial amount of money for a project of 17 MR S'rPO, NGE Thank you It s a lot of monej, 18 th~s size in addition to, as Oreg said we're already 18 MR MCNEiLL All right Does staff have 19 picking up $16,000 00 I know that's not an issue here 19 closing coumaents? 20 but it's nil those, when you add them all together It's 20 MU HOELTING [t s~nll$ like there's a lot of 21 $16 000 00 heee and $20,000 00 and $32,000 00 21 confusion here and I'm going to try to educate a little 22 MR. MCNEILL But those are outside tho Issue 22 blt further The cost - a system out by TXDOT this area 23 MR STRA',,GE well, it is 23 from th~s point including this drainage area on our Mast~.r 24 MR. MCNEILL nut tho question ~S, you're 24 Drainage Plan has always been intended to go to Teaslej. 25 going to do this other whichever way we go, the stuff 25 Lane The system here is designed to handle this THE PLANNINO AND ZONING COMMISS .... "NUARY 10, 2001 Page 73 - Page 76 t6, CondonseItTM Page 77 Page '~9~ I drainage I ahnle b~t about how those were designed and wh~, 2 In fact our Master Drainage Plan shows 2 picked up ,he water we d~d and d~dn t pick up water 3 drainage coming to Tecsloy Lane tn more than one locatmn 3 It's my opinion that we follo'.~l ti~ C~ty et 4 If you look at the Master Drainage Plan m '75, it's 4 Denton's Master Drainage Plan and v,e picket up those 5 actually showing two locations to pick up the water They 5 drainage areas that were shown on our lqastea' Drainage PI 6 are bringing tho pipes to two different locations 6 to be p~cked up m that drainage s) s~n I don t think 7 So they menttoned the $20,000 00 cost, as I 7 that we left off any areas that were supposed to go rote 8 mentioned m our report, lnfill projects are vex3, 8 our drainage systeln 9 difficult a delicate balance between subdivistons have 9 Secondly when v.e thd de:,lgn Lon~mudge 10 been budt under various thfferent standards We have 10 drainage which was m the early 90 s we had to p~c k np 11 properties in the City of Denton that have not been 11 an open flm~ae m tile adjacent subth'.lslon that was 12 de'~cloped ltl the past duc to tins type of cost Wbere do 12 actually developed by tile same dc,.eloper In the late 80 13 v.c draw the hnc? When we go to our new Devclopmcnt Codc 13 that s proposing to develop this subd~'.~lon now In th n 14 ,.sc re going to ha'~c cvcn more stricter standards Wc're 14 older subthvisioo that was developed in ~ rind or latc 15 going to mqture new dcvclopment to come to tlm new ' 15 '80 s they bad an open flume w~th water crossing the 16 standard We always do We have a clause m our 16 street and it was a constant problem People who h'~ed 17 ordinance that states if an existln8 system wh~ther it be 17 that subdivismn complained so much and had so ranch 18 buth two years ago. ten years ago 50 years ago, ~s not 18 trouble with cattads hterally growing m the sm:et from 19 s~zed properly to handle the currant rcgulattoos, a ~s 19 seepage water crossing the street all tix: ume that v,c 20 the developer's reqponstbthty to, A, upgrade that system. 20 spent several thousand dollars that v.c '.veren t planning on 21 which means build another pipe m Teasley whtch they are 21 and actually p~cked up tile water that was co~ung from thc 22 not doing because we hava the capactty The other 22 east side of Savannah 23 alternatwe IS to do detention 23 Basically we ve already got a h~story out 4 So whether a syst~n is stzed properly or not 24 here of an adjacent subthvis~on that had an c~en conc~,t~, 25 ~ not the reaponsthihty of the Ctty of Denton to 25 flume It didn't work It always had ,.~ater flay, rog ~t Page 78 Page 80 I guarantee that that syst~n was d~lgned You've got to I Neighbors complained We had to spend se~.-eral thousand 2 understand syst~s bmh 50. 60 years ago were not built 2 dollars of cIP money when the subth,.~smn w'as only just a 3 to the standards that we have today So every time wa get 3 few years old to correct the problem 4 into an mftil proJeCt there's always that dohcata 4 And now my opmmn is ff ,.~e continue this 5 balance Where do we give and where do we take when tt 5 flmne into the next stththv~ston ss¢ re s~mpI,', going to 6 comes to th~s type of process? Stuff bas to be make 6 have tile same problem all over asam x~th at, other brand 7 reconunendat~ons based on its experiences tn the past 7 new subdtvtsion People are not going te be happy, v, ah 8 knowtng what the potential problems m~ght be down tho 8 water flowing down their driveways e~ cE, time somebody 9 road 9 washes a car or turns on then. spnnkler system Whoex 10 I would try to point out that if this system 10 lives m these two houses is going to hax e wa~,r coming 11 ts undergroand, we have had systems that have been build 11 down then. driveway and then down the street m front el 12 that a portion of the flow is underground, a po~oo of 12 then' house 13 the flow ts abova ground And, mvertably, on lots hke 13 And I can ahnost guarantee that at some point 14 this, an mthwdual wdl come by and ask can I put my 14 tn t~me the Ctty will be at triple the cos~, gotag in 15 dn,,eway in the dratnage easement where above ground flow 15 tearing up the street and putting m a p~pe s~,s~'m to 16 is supposed to go And we have to conttauously deny 16 carry the water down here anyway, 111 be glad to ans~c~ 17 that Them are constant problems when you have above 17 anyqoest~onsyoum~ghtha,,e Iju~tv. anted to make smc 18 ground features hke thts But before I end. I want Dave 18 that 19 Sahnon who's more famthar wah thts probably to set you 19 M~ MCSeILL I behe,.e Comm~s~toner Holt has 20 stratght on r~ally what is happentng because he was 20 a qucstmn 21 mx olved wtth Longrldge. tile Highway D~artment and has 21 MS HOL'r t Just wanted to ask Comnmsstoner 22 more history on this then I do 22 Gourdle had asked tius earher You cannot put, instead 23 MR SALMON First of ail I was responsible 23 of the flume an underground pipe and ~t come out rote thc 24 for supervising rite destsn of the Loogridge dramago 24 street and dram down tile street That s not feasthle'~ 25 s> stem and I stgned and sealed the plan so I think I know 25 Ma SALMON NO I don t tinnk ~ au could get THE PLANNING AND ZONING COMMISSI -TLIARY 10, 2001 Page 77 - Page 80 17 CondonseltTM ' Page 81 Page 83 I the grades tO work I It's three foot by three foot or four by four It's go~ 2 MR MCNEILL okay Addmonal questions, 2 an openulg on all four sides So water would phx,,~n, ally 3 conm~ents9 Okay Staff, do you want to have any closing 3 enter the system Then from that point, tt would he 4 colmnents? 4 underground out to the street and down Jefferson So 5 MR HOELTINO I gauss final comments am that 5 there would be no running ',aster across this particular 6 in talking with Dave Sahllon and looking at the history of 6 lot The pipe itself ,.~ ould be 24 Inches tn diameter 7 this we are not requmag the developer to do anything 7 MS GOLRDIE well, I guess my whole th~ng 8 mom as far us the drmnag¢ than was originally intended 8 it's a 16 foot concrete easement where a's rushing flat 9 wah the Master Drainage Plan was originally done with the 9 against the ground I g'aess In my mind I'm lust seems a l0 Longndge Plan There ~s sufficient capacity m T~asley I0 round or a pipe that can open into a wider mouth x~ ln~.h 11 The fact that tho flow was originally designed as a master 11 would be the same ~ the flow commg off of - and et 12 plan and with TXDOT to handle this flow, it's merely a 12 course, I'm not a - I'm just seeing tt differently 13 matter of extending a plpe 5;00 feet to provide an 13 MR HOELTING The pipe would be ba,,lcall~, 14 underground system that's an additional cost to the 14 four to slx feet tn Se ground at that point when It's 15 dnveloper and that's why he's here: for an exacUon 15 buried 16 variance 16 MS GOLRD1E And so there's no way to rav, c 17 We hav~ worked very hard over the last two 17 the ground up to make at so that as tf -- becauve 3, ou 18 years with every development that has come through, and 18 still ha,,e to go down You'xe got, what, a 12 t 9 Larry pmhably could -- knows how many of those cases that 19 MR HOELTING Either way, if you were to put 20 we have gone: through like th~s And like I indicated, 20 an underground pipe and then discharge it to the sire. et, 21 every single subdivision has complied with this regulaoon 21 you still have the issue of v, ater constantly coming out at 22 when asked to do so sanply because we avoid so many issues 22 a concentrated point Think of a car parked there, and 23 m llg future when we have a system below ground versus 23 I've seen this happen on an occasion where v, e had a cur 24 above ground If tho syst~n ~s put below ground and it 24 opening, and a car ph~, small', parked tn front o! it 25 contains a 100-year stonn, w~ wdl allow a driveway to be 25 Water couldn't get tn the inlet It flooded the car Page 82 Page 84 i bmh over llg drainage easo~m:nt m that pamcular case I a car Is parked there let s say he mentioned the) 11 2 Any fences that am built, unfortunately, wall have to be 2 move their car What ff they're on vacation'~ What ~1 3 constructed c~ut of wrought IrOn because if that junction 3 they're gone? What if it iaappen~ in the middle of the 4 box or tho pipe system plugs, we have to have an emergency 4 mght9 What If ~t happens an the middle of the day'~ 5 relief for an overflow And we do that for every 5 They can t get there Whal if thexr car ~s parked there 6 s~tuatlon where we have those 6 m the middle of the da,. '~ What ff their car is parked 7 So I would just -- that's thc closing comments 7 there m thc m~ddle of the night'~ Somehmcs we tend to 8 I have and staff is still recommending domal of th{~ 8 forget these thmg~ '0. e think the people will move their 9 exaction variance as presented 9 vehicles Rain v, ill occur any throe 10 MR MCNEILL I behove Commissioner Oourthe 10 Ms GOLRDIE. mght %ell ~s there any wa3 11 has another qttast~on 11 to divide the flow part of at dov, n th~s road through a 12 MS OOUanIE Oomg back to what Ma Holt 12 smaller pipe that s not co~mng at this high velocity and 13 said I can't I realize that the pape Is probably a 13 half of It going to Longndge ,,',here ~t was ongmalb 14 slx inch pipe and tiao 'velocity flow when at comes, as you 14 supposed to go, and the other part go~ng down Jefferson 15 said aqmck forceful out onto tho road, whlchwould 15 Dave? Is theroan)',~> to th~ert the force there or 16 cover the whole mad But what If a's a gradual hke if 16 anything hke thato 17 a pipe that was brought Into a long open drainage? I'm 17 ~,ta HOELTI\Cr If they x~ere to pipe the system 18 just trymg to figare out a way to do thls Idon'tsee 18 to Jefferson, ual) aportlencouldgobosausethlss3, sten~ 19 the dfffemeee]hatwenn underground vca'sus over ground 19 as Dave indicated was not des*Shed was never Intended to 20 It's stdl coming on the street It's just th~ way you 20 carry that amount of flm~ 21 design the way it flows out 21 MS OOURDI~ okay All right Thank you 22 MR, HOELT[NO If thc system ts designed 22 MR MCNEILL 3'hurtle ~,oa ',cry much I behexe 23 und~ground water would go through tho - l~t me s~ if I 23 the applicant has a chance for rebutlal if ho has an) Z4 can find it The water would actually flow from Savannah 24 coaunents he'd briefly, hke lo make tn response to thl~ 25 in tls drone and, at tbas point, It's a box an thc ground 25 ,.iR EDXX aa~. ~aslcallx on the Master THE PLANNIN~ AND ZONING COMMISSI~'' NUARY 10, 2001 Page 81 - Page 84 Cond ~nseltTM Page 85 Page 87 I Drainage Plan there is a drainage divide down the center I v. ork v. uh you We 11 take ~t and acconmmdate It throtmh 2 of the mad There is a pipe system shown m Longr~dge 2 our property Here's how we d hke to do It It cost 3 There IS an inlet inside that drmnag¢ divide that tles to 3 t~ace as much as u should ha',¢ We will do It Now 4 Longrldge 4 come through DRC no we want you to put ~t underground 5 In the way that we have looked at that from 5 h will be $32 000 00 mom And finally I said look 6 day one indicates that the Master Drainage Plan calls for 6 enough is enough We've agreed to do th~s We've agreed 7 this area H 10 41 to come into the Longndge system When 7 to take care of th~s drainage Now you want us to do 8 we reviewed with Dale the Txoo'f plans, their drainage 8 another issue And I said, forget a I asked Grog I 9 thvlde included this H10-48 coming down to Longndge So 9 said If I m being out of line here just tell me just bt. 10 n s our cententlon that TxDOT and the Clty of Denton 10 a b~g boy and step up to the plate AndIsald no I 11 Master Drainage Plan have always called for this area to 11 smd 3, au know we ve akeady done these things and :t · 12 drain into the Longndgo system 12 time to come tn here and present what I think ~s 13 MR S'IRANOE And not our subdivision 13 reasonable And to say ~s it reasonable to spend another 14 MR eDWARDS And based on that, we feel that 14 532 000 00 to put it underground to take xt to the same 15 what we have proposed to do is moro than our developer s 15 place if it runs on top of the ground and goes into the 16 fmr share for the development and the additional cost of 16 same p~pe that goes on Into Teasley And ~n my pmnt el 17 the systean that vas're requesting the variance on only 17 .,:e.,v u s not And tts finally added up to a pmnt that 18 Improves the subdivision value of two of the lots tt 18 xne smd. flne n~e 11 take up your time We'll take up 19 would be mom value to have an underground systmn between 19 Ores s tmle because I '.e paid h~m a lot of money to do 20 those two lots than hawng a tittme But it's not 20 all these calculations to solve :t We've got the tlnle el 21 $50,000 00 moro value It's not $32,000 00 moro value 21 delay in our project The interest meter is running oo 22 It's not $20.000 00 moro value And that's our case 22 the land So there are a lot of additional cost issues 23 MR MCNEILL VOi~/good Thank you 23 that are mvol',ed besides just how we solve this one 24 MR STRANOE ThOt's all l would hke to say, 24 ~ssuc Andthatsthepo~ntthatImberoandI 25 ~t's been said two or three t~mes fllat this was all 25 appreciate your tane to let us give our point of view that Page 86 Page 88 1 supposed to come through our development and tie mia I there ~s a lot of dollars involved and we d appreciate :2 Teasley It was supposed to go Into Longrldge And If It 2 ~our concern and support on th~s as to be - to carry thc 3 had gone into Longrtdge, it wouldn't have even been 3 v. ater m the matter we have and ~t all ends up in the same 4 affecting our property It is affecting our property and 4 place anyway Thank you 5 now we have add,ttonal costs under what we've already 5 uR ~,tC".E[LL 'thank you 6 provided of double and what they're asking us to do ts 6 .,ia .O~LTISO can I make one moro pmnt'~ 7 even more than that And so I feel hke we've already 7 What s ',.cry hard to see on this ~s there ~s actually 8 tried a:, best we can to handle the problem, as you do, and 8 thl:. ts 1975 There's actually a creek that runs And 9 It's been pointed out an refill, at an additional expense 9 you ma) not be able to understand contours but this ~s l0 to us 10 phxs~cally a creek If you look at that picture, this 11 And it's just at a certain point, you finally 11 creek used ta extend all tho way along here It used to 12 have to say we've already, because of street connectivity, 12 actually come across and I believe it went out to across 13 we've already agreed to do this And this is another 13 the road and out hate Thls drainage area just 14 issue We've got water Thls Is another issue And now 14 ph)smally before anything was e'.er buth would never 15 we want to take even another step And ~t's added up to ~ 15 flm~ to the north It can't physically flow to tho north 16 considerable amount of money and that's why we're here 16 It ,,nas ne'~er intended to go to the north 17 tonight Because at some point, as Dale smd, you do have 17 So th~s entire b~g area, what he s talking 18 to draw a hne and you have to be reasonable And I'm 18 about maybe be designed to Longrldge was a sntall sin er 19 reasonable and we as citizens of Denton are reasonable 19 but that s not the way the Master Plan was done Th~s 20 If we felt hke we were out of line and 20 area ~n here the contour level conies from the top of the 21 that we should just bear this, we would do It We've 21 hill rote this creek down to the drone As David 22 already done that with connecting to Lynhurst and we've 22 ind~cated If all this drainage was to go to Longrldge 23 done it -- we haven't asked for a variance here In front 23 then v,h5 did they put the flnme to the d~tch to begin 24 Of yOU We've got the drainage We haven't made a b~g 24 ',~lth" Why dldn t they pipe it to Longrldge if this was 25 issue about taking ~t to Longndge We said, fine We'll 25 what our Master Plan Intended';' Our Master Plan has alx~a~, THE PLANNING AND ZONING COMMISSIO~'' ' ""~JARY 10, 2001 Page 85 - Page 88 19. Condons¢ItTM Page 89 Page 91 I intended for this water to go through the flume as shown I very unique p~ece of property I'm glad that someone 2 It physically has to go to th~s creek It d~d in 1975 2 feels that l~'s an opportune time to develop it and I 3 when this study was done If you'd pulled out an aerial 3 certainly appreciate and wish you the best of luck wuh 4 picture you'd see a creek runnm8 right through here 4 this I have been on lots of s~tuatlons with Mr Hoeltmg 5 So this water, there's no way tt would 5 or hm Colter and some of h~s other people and just see 6 phi. sically make a to Longndge So the Master Drainage 6 them nme and ume again developing the right soluoons 7 Plan to interpret to say this entire whole area was to gu 7 for neighborhoods and for getting the job done and gertatg 8 to Longr~dge physically cannot occur even before the 8 tt dane right 9 dc',elopmeot was done If that water was to dram to 9 And once again I think that this ns the 10 Longr~dge why do we have thc flume out to the existing 10 right answer I think that their efforts that they have 11 creek now'~ That may clear smncthmg up for you 11 done m recent years to try to get plpmg underground ~s 12 Mg MCNEILL All right Very good Thank 12 the right way to go I apprecmte Mr Hceltmg s analog) 13 you Okay I think the dlscusston and rebuttal is over 13 on where we do have flumes that they go from a street to a 14 at th~.. point I think procedures don't perout that 14 creek not from a street to a street And I think what 15 unless -- do you want to - do you have addtuonal 15 they ha,,e put forth as a solution for us hem is going to 16 requests';' No, I think the procedures don't permtt that 16 work and it's gemg to work well And once agem I 17 so - 17 apprecmte the t~me that they've spent, although I do 18 MR EOWARDS oale brought up a point that I 18 empathize w~th the fact that the builders are trying to 19 believe is in error and I can correct tf you would okay me 19 develop a piece of property that may not be as easy as 20 to come forward 20 what they might have thought to begin with 21 MR MCNI~ILL CoulmlSsloners, do you want to 21 MR MCNEILL other conm~.ents or discussion or 22 hear addmonal conunents? Okay Conumssioners, I've got 22 a mouon? 23 a request so come forward 23 MR WILLIAMS l move the demal of exaction 24 MR EDWARDS AS Dale was pointing out. th~s 24 '~artance V 00 19 from Section 34 124(f)(3)(a) of the Code 25 creek that oomea through here continues and the contours 25 of Ordinances Page 90 Page 92 i are low in this area Under undeveloped condition this I MU RISHEL second 2 drainage area H20-6 that is up above would never flow mtn 2 xnR MCNEILL YOU said demal? 3 Longrtdge But tn everybody's, Dave's, TXDOT the Master 3 Ma WILLIAMS YeS 4 Dramage Plan, H20 6 flows itt - they even say that th~s 4 MR MC~e[LL okay So we have a motion and a 5 area drains and is supposed to dram mtn the Longndge 5 second Is there any addit~onal thscussion? Vote on th~ 6 pipe system And I'm saying ff this one can do that, then 6 board, please Motion passes 6 0 7 the appropriated mterpretatton is for this area H10-48, 7 The next ~tem on our Agenda 8 also Thank you 8 MR Er)wARDS t Just want to thank you for the 9 MR MCNE[LL YOU b~t Okay CollmllSglOners, 9 t~me that you spent to hear both stdes 10 thscussion? Commissioner Rlshel l 0 MR MCNEILL Thank you very much We 1 I MR RtSHEL t hear tm~e and nme egam 11 appreciate your challenge Receive a report and hold a 12 de,,elopers and bmlders and engineers thanking our staff 12 discuss~oo and g~ve staff feedback regarding the b~cycle 13 and our people for the time that they put mtn trying to 13 and pedestrian component of the Mobility Plan I behex c 14 find solutions and answers for things that they do And 14 Ma' Clark ~s gumg to talk to us about btcycles 15 once again, that's what I hear this t~me I appreciate 15 MR CLARk I apprecmte the opportuntty to 16 the time that our staff has spent m looking at this very 16 present th~s draft plan I guess I know it's already 17 critically Ne'~er do I see a situation where they ha',ea't 17 getting late for you so do you want a real short version 18 tried to work w~th builders and developers to try lo find 18 or do you want to gu through a lot of the detads9 Ive 19 them the most econoulical answers that work for the entire 19 g~,,ea you a lot of backup but th~s Is still a draft plan 20 area as well as the subdivision I appreciate the time 20 Wnhout i.'all edoptmg it it deesn't mean anything and 21 that I hear that Mr Sahnon and Mr Hoeltmg have put rata 21 obviously you re the ones that use ~t constantly during 22 this paracular site 22 the platting and subdivtsion requirements So I guess [ 23 Some sites, because of the nature of ~ 23 need to know how much detail you want since ~t's starting 24 there's probably a reason that this site has sat 24 to get late 25 undevelop~:t for the length of ttme that a has It's a 25 WR MC,',,I~ILL unless I hear otherwise, THE PLANNING AND ZONING, COMIVflSSION JANUARY 10, 2001 Page 89 - Page 92 -20 AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2001 DEPARTMENT: Utility Admlmstrat~on ACM: Howard Martin, 349-8232 SUBJECT: AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES CONTAINED IN ORDINANCE NO. 2000-295 FOR WASTEWATER SERVICE BY AMENDING THE COMPOST & WOOD MULCH SCHEDULE (CWM), PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE BACKGROUND: Currently 50% of the sohds from the WWTP are composted w~th tins yard waste to produce "Dyno-Dlrt" The Water Reclamation Dlwslon began marketing "Dyno-Dlrt" m March of 1997 In 1997 Dyno Dirt sales totaled $19,302, in FY 1998 sales totaled $40,914, m FY 1999 sales totaled $100,157 and m FY 2000 sales totaled $105,710 There is a growng demand for large volume purchases of Dyno-Products Local golf courses and sport fields are startmg to go orgamc to help cut down thear usage of herblcxdes and pestacldes In an effort to be more competitive on these large sales we would like to offer external customers a 50% discount offthe regular price of all Dyno Product purchases of 2,000 cubic yards per year or more We beheve we are meeting the demand for our local 'low volume' market and that there is some hmlted expansion of that market still available However, w~th the upcoming WWTP expansion we will have the ablhty to compost 100% of the solids produced resulting m at least a 100% increase an product We believe that large volume buyers will be lncreasmgly Important for sales once tbas increased capacity ~s realized However, we feel obhgated to still prowde the same amount of material for our lo¢al 'low volume' customers who continue to enjoy our products We beheve the 50% d~scount rate for purchases above 2000 cubic yards will maintain tins balance of large and small volume sales At the same time we would hke to change the price for ~nternal customers to match flus 50% discount rate (regardless of volume) There are several reasons for flus When we set the rate for mternal customers at $8 00 per cubic yard back 1996 we anticipated an excess supply of Dyno Dart and Dyno-Chaps The actual demand for Dyno D~rt and especially Dyno-Sofl frequently exceeds the supply However, the demand for Dyno Claps and Dyno-Mulch is less than these other two products Internal customers are currently paying $8 00 a cubic yard for all products and we would like to change the rate to the 50% discount rate per product Tlas will result m a decrease in cost for both Dyno- Mulch and Dyno-Claps and an increase m the rate for Dyno-Dlrt and Dyno-Soll reflecting the lagher demand for these two products Current Rates No discount 20% (>10yd) 40%(>100yd) Dyno Soil- $25 00 yard 20 00 15 00 Dyno Dn't - $20 00 yard 16 00 12 00 Dyno Mulch - $15 00 yard 12 00 9 00 Dyno Claps - $7 50 yard 6 00 4 50 Proposed Rates No dascount 20% (>10yd) 40%(>100yd) $0%(>2000yd) Dyno Soil - $25 00 yard 20 00 15 00 12 50 Dyno Dirt - $20 00 yard 16 00 12 00 10 00 Dyno Mulch - $15 00 yard 12 00 9 00 7 50 Dyno Claps - $7 50 yard 6 00 4 50 3 75 In additaon, our Dyno-Sod has proven to be particularly popular with internal customers, 'low volume' customers and 'large volume' buyers have expressed a strong interest in thts product as well We want to provtde tlas product for all of our customers However, tlas product has a much greater assoemted cost due to the increase in handling and time for production At a rmmmum thru reqmres an additional two weeks of processing above that reqmred for producing Dyno-Dlrt The Division prefers a time period of 3 to 4 weeks to aelaeve superior product appearance and weed destruction We would lflce tlas increase in associated cost reflected m the pace for internal customers OPTIONS: 1 Do not offer the dascount 2 Offer the 50% discount 3 Do not accept the rate change for internal customers 4 Accept the rate change for internal customers RECOMMENDATIONS. Staff recommends approval of the discounted rate and the rate change for internal customers ESTIMATED SCHEDULE OF PROJECT We are currently discussing large volume sales with the City of Lewlsvllle and Robson Commumtles for ball field and golf course construction We would like to implement the 50% reduction for large volume customers and the internal customer rate change effective March I, 2001 PRIOR ACTION/REVIEW' This item was presented and approved unanimously by the Public Utllltms Board at their February 5, 2001 regular meeting Respectfully submitted Jim Coulter Director of Water Utilities Prepared by David Hunter Management Assistant Exhibit I Orchnance ORDINANCE NO AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES CONTAINED IN ORDINANCE NO 2000-295 FOR WASTEWATER SERVICE BY AMENDING THE COMPOST & WOOD MULCH SCHEDULE (CWM), PROVIDING FOR A REPEALER, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ,qRC~TIC}N 1 That the provisions of rate schedule for wastewater servme, Compost & Wood Mulch (CWM) as provaded for m Chapter 26 of the Code of Ordinances, as hereby mended to read as stated m the Amended Schedule CWM attached hereto ~ That all ordinances or parts of ordmances m force when the pmvas~ons of flus ordinance became effecttve wbach are mconmstent, or m conflmt w~th the terms or provmaons contmned m ttus ordinance are hereby repealed to the extent of any such confhct ,qg.f~TIC)N 3 That af any section, subsection, paragraph, sentence, clause, phrase or word m fins ordinance, or apphcatlon thereof to any person or mrcumstances as held invalid by any court of competent junsdlct~on, such holding shall not affect the vahd~ty of the remaining po~ons of tbs ordinance, and the City Council of the City of Denton, Texas, hereby declares at would have enacted such remaining portaons despite any such invalidity ,RF. CTION J,. That the Schedule of Rates hereto adopted shall be effective, charged and apphed to all wastewater service provided hereto, rendered on or after March 1, 2001, and a copy of said rates, fees, and charges shall be maintained on file m the Office of the C~ty Secretary PASSED AND APPROVED tiaa the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By 4 EXHIBIT I APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 5 Pa~e 2 AMENDED SCHEDULE CWM COMPOST & WOOD MULCH (Effective 3/1/01) APPT ,TC ATTON Apphcable to any and all customers, whether res:dentlal, commerc:al, or wholesale, whmh elect to acqmre the C:ty of Denton Dyne Products for the:r use Thc City of Denton reserves the right to restrict or lnmt the sale of any Dyne Products to any customer at any time R ATI%q Dyne products will be sold by volume on a cubm yardage basis, or m one cubm foot bags Bulk quantmes will not be sold :n volumes less than one-half yard (A) Compost (1) Dyne Soft (Top Sm1 Blend) $25 00 Cubm Yard (2) Dyne DM $20 00 Cubm Yard (B) Wood Mulch (1) Dyne Mulch $15 00 Cubm Yard (2) Dyne Clnps $7 50 Cub:c Yard Purchases for A and B above Greater than 10 cubic yards will receive a 20% d~scount, or Greater than 100 cubm yards will receive a 40% d~scount, or Greater than 2,000 cubic yards will receive a 50% dmcount lC) The C~ty of Denton internal/interdepartmental price for all Dyne products 50% dtscount (D) One cubic foot bags of Dyne Dirt (50 bag m~mmum purchase) $1 35 per bag PR ODT IC, T AVAIT,ARTT ,IT¥ The City of Denton produces compost and wood mulch throughout the year m varying hm~ted quantities The City of Denton does not guarantee the availability of e~ther product, and expressly reserves the right to restrict the sale of e~ther product based upon avmlable volumes T,OC ATTON,~ Dyno products may bc purchased at the following Czty of Denton locatmn during the hours ~dentlfied Water Reclamataon Plant 1100 Maytull Road, Denton, Texas Wednesday & Saturday 7 00am-3 00pm 6 Pa~e 3 All Dyno products purchased wholesale, for resale to the public, m to be ~dentffied as a City of Denton manufactured product The wholesale purchaser must prowde the City of Denton selling price information to the rettul customer ~f ~t ~s requested S \Our Documonts\Ordmanees\O l\Compost & Wood Mulch Amend P~te ord doc 7 Page 4 AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2001 DEPARTMENT' Planning & Developmen. t ~j CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT Consider approval of an Oversight Committee recommendation allocating 2003-04 Capital Improvement iProgram funds for FM 1830 Schematm and Environmental Assessment eng~neenng services, to be used for FM 2181 Schematic, Environmental Assessment, and Plans, Specifications and Estimate engineering serwces BACKGROUND On September 18, 2000, the Oversight Committee held a quarterly meeting At the meeting, the Oversight Committee was asked to consider making a recommendation transferring $200,000 of thc $300,000 reserved for FM 1830 engineering work to the FM 2181 project The staff report (attached) and the Oversight Committee meeting m~nutes (attached) provide more mformatmn regarding the actions taken by the Committee OPTIONS I Dechne to approve the Oversight Committee's recommendation 2 Approve the Oversight Committee's reeommendatmn 3 Postpone action RECOMMENDATION Staff recommends approval of the Oversight Committee's recommcndatmn ESTIMATED PROJECT SCHEDULE Denton County is the lead agency ~n the preparation of the Schematm and Environmental Assessment for expansion of FM 2181 from two to six lanes, between Lflhan Miller to the IH-35E / Swisher Road interchange 'The engineering firm hired by the county has also been contracted to prepare the Plans, Specifications and Esttmates (PS&E's) for FM 2181 from Lflhan Miller to Hmkory Creek Road A tentative completion date of 2006 has been set for construction of six lanes on FM 2181 from Lflhan Miller to Hmkory Creek Road Full funding for eonstructmn has not yet been ~dent~fied PRIOR ACTION/REVIEW This ~s the first review of the Oversight Committee's recommendation FISCAL INFORMATION Approval of the Oversight Committee's recommendation would fulfill the city's obhgat~on to provide $450,000 toward FM 2181 engineering work ($250,000 in CIP fun&ng originally allocated for FM 2181, plus $200,000 from the FM 1830 project) If approved, the Council can enter into an mterlocal agreement w~th Denton County to secure $1 6 mflhon from the Better, Safer Roads bond program If executed, the lnterloeal agreement will combine $1 6 mflhon ~n county funds with $450,000 ~n c~ty 1 funds Of theltotal of $2,050,000 for FM 2181, engtneenng work wtll cost $999,900, leavtng a balance of $1,050,100 for project constructton The prehmanary estimate for expanston of FM 2181 from two to stx lanes between Lflhan Miller and Hackory Creek Road ts $12 mdhon A funding strategy, probably anvolvmg caty eapatal funds, vail be developed to augmem the county funds Local funding ts seen as necessary to secure state and federal partactpatlon an the project ATTACHMENTS Staff Report Oversaght Commattee meeting minutes R. espeetfully submatted J Asststant City Manager, Development Services 221 N ELM, DENTON, TEXAS 76201 * (940) 349-8506 ~ FAX (940) 349-8376 TRANSPORTATION & ENGINEERING DEPARTMENT To Oversight Committee From' Jerry Clark, D~rector of Engineering and Transportation Date September Il, 2000 Re FM 2181(Teasley Lane) Design Plan Fundmg./lctton Item Staff has been working w~th John Polster, consultant for Denton County on Denton County Transportatton Issues John was briefed on the Teasley Lane Corridor Study, and has d~scussed the ~ssues involved w~th Commissioner Krueger Commissioner Krueger has agreed to focus the priority of the Denton County CIP funds dedicated to FM 2181 on the section m Denton from Bent Oaks (south of the Lflhan Mfller/Teasley ~ntersect~on) to H~ckory Creek Road The Teasley Lane Corridor Study provided traffic modehng data that th~s corndor has been heawly ~mpacted by growth, and that Teasley ~s exceeding capacity dunng peak hours Teasley Lane ~s projected to handle over 40,000 cars per day ~n less than 20 years, and expansion to a s~x-lane primary arterml ~s necessary to handle anticipated traffic Denton County has agreed to take the lead ~n preparation and TXDOT approval of I Design Schematics and Environmental Assessment for the entire FM 2181 segment from Lilhan Miller Parkway to the IH 35 E / Swisher Road intersection m Corinth, and the Plans, Specifications, and Estimates, and 2 Plans, Specifications, and Estimates (PS&E's) for the segment of FM 2181 extending from Ltlllan Miller Parkway to H~ckory Creek Road Denton County has been working w~th the Hmtt-Zollars engmeenng firm to contract for the design documents that will allow us to move the above secuon of Teasley Lane towards construction The total cost of that contract ~s just under $1,000,000 The C~ty of Denton staff ~s recommending to the oversight committee and the City Council that we fund $450,000 of that Study The FM 2181 W~denmg Project CIP budget for 2000-01 contains $250,000, leawng a shortfall of $200,000 The funds reserved m 2003-04 for Schematic and Enwronmental Assessment work on FM 1830 (Country Club Road), totahng $300,000 are recommended for commitment to the FM 2181 project Upon approval of c~ty/county ~nter local agreement securing the design funding, Denton County will also commit more than $1 mflbon toward the estimated $12 mflhon m construcuon costs Recommendataon' The Oversight Committee should recommend to Cl.ty Council that $250~000 from the FM 2181 W~denlng Proleet funds m the 2000-2001 CIP budget~ and $200~000 of the FM 1830 funds from 2003- 2004 CIP budget, be eomm}tted to fund our recommended port~on of th~s contract "Dedicated to Quality Serwce" www. cttyofdenton com 3 2000 OVERSIGHT COMMITTEE Minutes September 18, 2000 11 00 a m City Hall Conference Room City Hall 215 E McKlnney (Not Yet Approved by the Committee) C~t~zen members presem included Mayor Euhne Brock, T~m Charles, Dorothy Dam~eo, Jack Swanson, and Tun Crouch Staffmembers present were Kathy DuBose, Jerry Clark, Janet S~mpson, Knst~n Newman, Eva Poole, and Darnel Harper Mayor Brock called the meeting to order A. MINUTES 1 June 5 Minutes - The mtnutes were approved wtth no correcttons B ITEMS FOR CONSIDERATION 1 2000 - 2001 Budget Update - Kathy DuBose led the dtscusstonfor thts update Kathy tn formed the committee of the pro.lects and whtch pro.lects were accelerated due to assessed value growth of 15 45%for 2000 She tnformed the commtttee that thtrteen pro.lects were accelerated by one year, fourteen projects were accelerated by two years, and one project was accelerated by three years Among some of the accelerated projects are the North Branch Ltbrary, Airport Control Tower, Upgradtng Parks, and Highway 380 2 Library CIP Projects - Kathy DuBose and Eva Poole led the dtscusstonfor the Ltbrary pro.lects They ~nformed the commtttee that the pro,lect for the North Branch Ltbrary, whtch was ortgtnally planned for fiscal year 2002, has been moved to the 2001fiscal year The project was expected to take approxtmately 18 months 3 ParksCIPProjects-JanetStmpsonledthedtscusstonontheParksCIPprojects Janet updated the commtttee on communtty park acqutsttton, the tmprovements tn North Lakes Park, and four beaut~catton sttes that were recommended tn February 2000 by the Overstght Commtttee 4 Roadways CIP Projects - Jerry Clark led the dtscusston on the CIP Roadways update Jerry dtscussed Htckory Creek Road, the Wtndsor lnterchange, and US 377 .4lternate Staffhasalreadystarted&scusstonswtthconsultantstodestgnthe Htckory Creek Road Project The Wtndsor tnterchange ts tntended for constructton at the future tntersectton of W~ndsor Drtve and Loop 288 The US 377 alternate ts scheduled for 2003-2004 The goal ts to construct four lanes from IH 35W to US 377 to reheve traffic problems on US 377 5 FM 2181 Design Plan Funding -Jerry Clark also led the &scusston on the FM2181 Design Plan Staff has been worktng wtth John Polster, a consultant for Denton County County Commtsstoner Kruger has agreed to focus prtortty of the Denton County CIP funds dedtcated to FM 2181 on the sectton from Bent Oaks to Htckory Creek Road The total cost of the study ts.lust under $1,000,000, and the staff recommends that the Cttyfund $450,000 of the study The 2000-01 budget contatns 4 2000 Oversight Committee Minutes 6f September 18, 2000 Page 2 $250,000 leavzng a shortfall of $200,000 The funds m 2003-04for work on FM 1830, whtch totals $300,000 are recommended to be committed to the FM 2181 project Upon approval of the ctty/county mterlocal agreement, Denton County wdl commtt more than $1 mtlhon toward the constructzon costs C. ACTION ITEMS 1. FM 2181 Design Plan Funding -Ttm Charles made a motton for approval of the plan as presented by ctty staff Dorothy Damzco seconded the motton, and zt was approved unammously by the commtttee D OTHER BUSINESS The next meeting is tentatively scheduled for Monday, December 4 at 11 00 a m in the Council Work Sessmn Room m City Hall The meeting was adjourned AGENDA INFORMATION SHEET AGENDA DATE: February 20, 2001 DEPARTMENT: Planning & Development ~C/~ CM/DCM/ACM: Dave Hill, 349-8314 "~" ~ / SUBJECT Consider adoption of an ordinance authorlztng the Mayor to execute an Interlocal Agreement with Denton County for road improvements, providing for the expenditure of funds therefor, and providing an effective date BACKGROUND The attached ordinance and lnterlocal agreement has been drafted to describe the current funding relationship between the City of Denton and Denton County regarding FM 2181 (Teasley Lane) The agreement stipulates that Denton County wall expend $1 6 million toward the project, and the City of Denton wall expend $450,000 toward the project Two project components are underway (1) the county and city have committed to compete the schematic plans and environmental assessment for FM 2181 extending from Lflhan Miller m Denton to the 1-35 Swisher Road lntemhange in Corinth, and (2) the county and city have committed to complete the plans, specifications, and estimates (PS&E's) for the section of FM 2181 from Lflhan Miller to Hickory Creek Road Improvements to FM 2181 are anticipated to expand the current 2-lane road to a 6-lane urban arterial Once the engineering work 1s competed, approximately $1 million m county funds will remmn to devote to actual construction Upon City Council adoption, the County Commissioners must adopt the draft agreement before it will be considered fully executed The FM 2181 project is an example of a city-county transportation parmershlp that Is needed to aggressively address local needs and compete for limited state and federal funds OPTIONS 1 Adopt the ordinance as drafted 2 Make revisions to the agreement 3 Postpone action for further dehberations RECOMMENDATION Staff recommends adoption of the ordinance as drafted ESTIMATED PROJECT SCHEDULE The engineering work is anticipated to be completed by the end of 2001 Staff intends to develop a funding strategy for actual construction once projects cost estimates are available Additional funding for the 6-lane section from Lflhan Miller to Hickory Creek Road will be required, and will hkely involve capital funding from the city and TXDOT A target goal of 2006 has been tentatively set for completion of the 6-lane expansion from Lflhan Miller to Hickory Creek Road PRIOR ACTION/REVIEW The Teasley Lane Comdor Traffic Study was produced and reviewed by City Council in February, April, and May 2000 The need for expanded traffic capacity on FM 2181 ~s well-documented and ~s considered a high priority to meet travel demand m southwest Denton FISCAL INFORMATION The county'i $1 6 mflhon project fimdmg was allocated as part of the Better, Safer Roads Bond Program The city's partmlpatlon of $450,000 wall be allocated from exlsttng bond funds from the 1999-2004 Capital Improvements Program ATTACHMENTS Draft Ordinance and Agreement Respectfully submltted~ Assistant City Manager, Development Services 2 ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH DENTON COUNTY FOR ROAD IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the Mayor ~s hereby authorized to execute an Interlocal Agreement w~th Denton County ~n substantially the same form as the one attached hereto and ~ncorporated by reference hereto for road improvements SECTION 2 That the City Manager is authorized to expend funds pursuant to the agreement for the purchase of various goods and services SECTION 3 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED flus the day of ,2001 EUL1NEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY THE STATE OF TEXAS ) ) COUNTY OF DENTON ) INTERLOCAL COOPERATION AGREEMENT FOR ROAD IMPROVEMENTS BETWEEN THE CITY OF DENTON AND DENTON COUNTY, TEXAS THIS AGREEMENT is made and entered into by and between Denton County, Texas, a poht~cal subdlwmon of the State of Texas, hereinafter referred to as "County" and the City of DENTON, Texas, a corporate and political body orgamzed and existing under the laws of the State of Texas, hereinafter referred to as "City" This Agreement is for purposes of the completion of certain road improvements to FM 2181, hereinafter referred to as the "Project" WHEREAS, County has provided funding for several road projects within the hrmts of the City through and as part of the January 1999 Better Safer Roads Bond Program, WHEREAS, City and County value the early completuon of the Project which involves roads wtuch are integral parts of the County's road system, and WHEREAS, City and County mutually desire to be subject to the provisions of V TCA, Government Code, Chapter 791, the Interlocal Cooperation Act, and City of Denton ICA ~, WHEREAS, City desires the part~capahon of County in the Project as authorized by V T C A, Transportatmn Code, Section 251 012, NOW, THEREFORE, it is mutually agreed by the parhes hereto as follows I The term of ttus Agreement shall commence upon execuhon by all part~es and shall terrmnate upon complehon of the Project or upon termination of ttus Agreement under the provisions of Sechon VIII II The Project is described as follows Improvements to FM 2181, including but not hrmted to, environmental clearance, development of plans, specifications and estimates, and construction of a slx-lane, divided urban Farm-to-Market roadway The project shall be conducted in two phases Phase I will consist of the environmental assessment and development of the schematic for FM 2181 from IH35E/Swlsher Road to FM 2181/Lllhan B Miller Parkway Phase II will consist of the development of plans, specifications, and estimates for the construction of FM 2181 from Lilhan B Miller to Hickory Creek Road III Pursuant to V TC A, Government Code Section 791 011, the parhes hereto agree that the purpose of this Agreement ~s to ensure that certain governmental functions and services in the area of streets, roads and drainage City of Denton ICA 5 are performed The part~es hereto further agree that each of them is authorized to perform the functions and services mdlmdually IV As reqmred by V T C A, Transportation Code Sechon 251 012 and as evidenced by the signature of the City's representative below, the govermng body of City by the execution of and approval of this Agreement approves of the expenditure of County money to participate in or to fund an amount not to exceed ONE MILLION SIX HUNDRED THOUSAND AND 00/100 DOLLARS ($1, 600,000), for the preparations of an environmental assessment, schemahc drawings, plans, specifications and estimates as identified in Sec~on II The remmnder of the County's committed funds will be applied toward the construction of Phase II as identified in Section II V In performance of ttus Agreement, the COUNTY will be responsible for hiring the engmeenng firm for Phases I and II of the Project AddlOonally, the COUNTY agrees that all funds remaining after the procurement of engineering services w~ll be committed to the construction of Phase II of the ProJect VI In performance of th~s Agreement, the City agrees to pay FOUR HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($450,00000) to reimburse the County for costs incurred in procuring the environmental assessment, schematic, and plans, specifications & estimates for their portion of Phase I and II City of Denton ICA $ VII As County proceeds in the completion of the Project, it shall subrmt Invoices on a monthly basis for reunbttrsement not to exceed $450,000 00 unless otherwme authorized by the govermng body of the City of Denton, to the City of Denton Finance Department, Attention City Controller, at City Hall, 215 E McKinney Street, Denton, Texas 76201, and the City shall reimburse County for all expenditures related to Phases I and II of the Prolect wlttun Thirty (30) days of receipt of these invoices Attached to this Contract is a certification by the County Auditor that the County shall include the sum of ONE MILLION SIX HUNDRED THOUSAND AND 00/100 DOLLARS ($1, 600,000) in its budget and that tlus amount shall be ltermzed, set aside and approved by the County Comrmssloners Court to be expended for the Project VIII Ttus Agreement may be terrrunated in whole or in part by the County or City upon tturty (30) days' written not~ce to the other party setting forth a substantial fatlure by the defaultmg party to fulfill its obhgat~ons under t/us agreement tlxrough no fault of the terrmnahng party No such termination may be ~fected unless the defaulting party is given (1) written nohce delivered by certified mall, return receipt requested of intent to terrmnate setting forth the substantial failure to perform, and (2) not less than thirty (30) calendar days to cure the failure, and (3) an opporturuty for consultation with the termlnahng party prior to termlnatmn In the event of termlnahon by the City, City shall reimburse County for all invoices submitted up to and including the date of termination Notices shall be directed as follows For City Hon Euhne Brock The City of Denton Mayor 215 E McKlnney Street City of Denton ICA ? Denton, Texas 76201 Copy To' Make Jez, City Manager City of Denton 215 E McKlnney Street Denton, Texas 76201 For County Hon Scott Armey Denton County Judge 110 East Hickory Denton, Texas 76201 Copy to: District Attorney's Office/Civil Division 1450 East McKmney P O Box 2850 Denton, Texas 76201 IX The covenants, conditions and terms hereof are to be construed under the laws of the State of Texas and are performable by all parties in Denton County, Texas The parhes mutually agree that venue for any obhgatlon arising from ttus Agreement shall lie ~n Denton County, Texas X This wrlt~ng ~s intended by the partaes as a f~nal expression of their agreement and as a complete and exclusive statement of the terms of their agreement Ttus Agreement can be modified or terminated according to the provisions of Section VIII only by writing signed by both of the part~es or their duly authorized agents XI This Agreement is not intended to extend the liability of the parties beyond that provided by law Neither County nor City waives, nor shall be City of Demon ICA 8 deemed hereby to wmve, any munumty or defense that would otherwise be avmlable to it agmnst cla,ms ansmg by tlurd parlaes XII In the event that any port,on of th,s Agreement shall be found to be contrary to law, ,t is the intent of the part~es hereto that the remalmng portions shall remain valid and m ~ull force and effect to the extent posmble XIII The undersigned ofhcers and/or agents of the part,es hereto are the properly authorized ofhc,als and have the necessary author,ty to execute tlus Agreement on behalf of the part~es hereto and each party hereby certff,es to the other that any and all necessary resolut,ons extend,ng sa,d authority have been duly, passed and are now in full force and effect EXECUTED ,n duphcate originals COUNTY CITY Denton County, Texas The C,ty of DENTON, Texas 110 West Hickory 215 E McKanney Street Denton, Texas 76201 Denton, Texas 76201 By By Hon Scott Armey Hon Euhne Brock Denton County Judge The Mayor for the C,ty of Denton Acting on behalf of and by Acting on behalf of and by authority of the Cornrmsmoners author,ty of the C,ty Councd of Court of Denton County, Texas Denton, Texas Date. Date C~ty of Denton ICA 9 Attest Attest By By Cynttua Mitchell, County Clerk Jennifer Walters, City Secretary Approved as to form Approved as to form Robert Schell Herbert L Prot/uty Assistant D~stnct Attorney C~ty Attorney AUDITOR'S CERTIFICATE I hereby certify funds will be available in the amount of ONE MILLION SIX HUNDRED THOUSAND AND 00/100 DOLLARS ($1, 600,000), will be comn~tted to engqneermg and design and the remainder will be applied towards right-of-way acqmmt~on, utility relocation and construction, toward fmanc~ng the ProJect to accomplish and pay the obhgahon of Denton County, Texas under tlms Agreement James Wells, County Auditor City of Denton ICA 10 AGENDA INFORMATION SHEET r)ats_ ~1~0! U I AGENDA DATE. February 20, 2001 DEPARTMENT City Manager's Office CM M~ke Jez, C~ty Manager SUBJECT Consider nom~natmns and appointments to the C~ty's Boards and Commissions BACKGROUND The £ollow~ng ~s a hst of current Board/Comm~ssmn vacanc~es/nom~natmns Bob Manmng, Chmr for the Zomng Board of Adjustment, has requested Councd appoint a replacement alternate for Ernest McNedl Thts would be a nomination for the entire Council Evelyn Curry has resigned from the L~brary Board Th~s ~s a nomination for Council Member Young If you reqmre any further information, please let me know Respectfully submitted J -~1: alters- February 7, 2001 Ms Jennifer Walters City Secretary, Denton 215 E McK~nney Denton, TX 76201 Dear Ms Walters, At ~ts February 1, 2001, Board meeting, the Denton Library Board accepted the resignation of Board member Evelyn Curry Th~s resignation was made because of the continued conflict between Dr Curry's teaching schedule and the Board's mutually convenient meeting t~me on Thursday evening The Board encourages the filling of th~s vacancy ~n as expedient a manner as possible S:ncerely yours, Kenneth L Ferstl, Chair Denton L~brary Board Agenda Item. ~.,...~ AGENDA INFORMATION SItEET AGENDA DATE' February 20, 2001 DEPARTMENT: Human Resources ACM Kath7 DuBose, Fiscal and Municipal Services ~'~ SUBJECT Consider an appointment by the C~ty Manager of a new member to the C~wl Service Commission BACKGROUND Civil Service Commissioner, Kern Bummde, has resigned her term on the C~vll Service Commission to be effective December 28, 2000, therefore, in compliance with Chapter 143 006 (b) of the Texas Local Government Code, the mumc~pality's chief executive (City Manager) shall app0]nt a member to serve a three-year term and the appointment shall be confirmed by the governing body RECOMMENDATION The City Manager has elected to appoint Dr Tory Caeti, Asmstant Professor of Criminal Just]ce at the Umvermty of North Texas, to the Civil Service Commission PRIOR ACTION/REVIEW There has been no prior action or review on this agenda item FISCAL INFORMATION This ~tem has no fiscal impact Respectfully submitted Carla J Romine D~rector of Human Resources 1 Education Proposals TON g~N [J~C t p A L ELECTRIC Table of Contents Introduction ........................................................................ 1 Education and Public Relations Mediums .................................... 2-3 Control Education Campaign .................................................... 4-8 1sT Campaign Ad .................................................................... 4 2~ Campaign Ad .................................................................... 5 Commercial .............................................................................. 6 Public Service Announcement. .................................................... 7 1sT Channel 26 Bulletin ............................................................ 8 Jumping In Education Campaign ................................................. 9-13 1sT Campaign Ad ..................................................................... 9 2~ Campaign Ad .................................................................... 10 Commercial ............................................................................ 11 Public Service Announcement ................................................... 12 Channel 26 Bulletin ............................................................... 13 Confusion/Concern Education Campaign ...................................... 14-18 Campaign Ad ........................................................................ 14 1s~ Commercial ...................................................................... 15 2~ Commercial ...................................................................... 16 Public Service Announcement .................................................... 17 Channel 26 Bulletin ............................................................... 18 Bill Stuffer .................................................................. 19-20 Website Agreement and New Design ....................................... 21-37 Campaign Budget .................................................................. 38 ELECTRIC 2001 Deregulation Educationi Campaign IntroduCtion The Public Utility Commission (PUC) will launch a new advertising campaign on June 1, 2001, to inform Texans about deregulation and its January 1, 2002, effec- tive date Even though the PUC cannot advertise in the Denton community, they can advertise m the surrounding areas With the fast paced information age, Denton area residents are sure to be exposed to the PUC's campaign Denton Mumctpal Electric anticipates this will lead to confusion and concerns for most of its customers DME has decided to proactlvely respond by launching a deregulation education campaign on April 16, 2001, in an effort to properly educate our residents about deregulation and what it means to Denton This campaign will range from printing educational material in local mediums to hosting public meetings The initial deregulation campmgn will run untd September 30, 2001 The campaign will then be evaluated on its effectiveness by staff and any needed changes will be made The camptugn will continue to run until September 30, 2002 ELECTBIt 2001 Deregulation Education Campmgn Educat~on/Pubhc Relabons Charter Med~a · Commercials C~ty Bullet~n/Channel 26 · Bullehns 1 Deregulahon Items -City Phone Line with Q & A's -Dates and locations of pubhc meetings Radio · Media Releases · PSA's 1 Deregulation-Dates and Iocabons of pubhc meetings Denton Chamber of Commerce · Ad ~n Ws~tor Welcome Guide · Link on webs~te back to webs~te Black Chamber of Commerce · Prowde deregulation brochures H~spamc Chamber of Commerce · Provide deregulation brochures ~n Spamsh Denton Mumc~pal ElectDc bill stuffers · Three (3) deregulation brochures (Enghsh/Spamsh) Nobces on BHIs · April/Deregulation phone line number Denton Record Chromcle · Educational Ads · Press Releases · Special edition articles 1 Welcoming New Bus~ness aboard · C~ty V~ews 1 Submitting articles to John Cabrales a Deregulation ~nfo and phone hne number b Dates and locations of pubhc meetings [LECTRIt 2001 V.er~ation Education Campaign Dallas Morning News/Fort Worth Star Telegram/North Texas Da~ly/ La Semana/TWU Lasso/Sun Newspapers/Lew~swlle News/Lake C~t~es Sun/La Cromca Labna/Lat~no Monthly · Press Releases Denton Bus~ness and Commumty News · Educational Ads · Press Releases Press Conference-lnwt~ng all newspapers and radios m local area Internet · Revamp enhre s~te · Deregulation hnk 1[ Bulk ma~hng of updates to recipients that have s~gned up 2 Search 3 L~nks 4 Dates and locations of pubhc meetings Golden Triangle Mall/Customer Serwce · Deregulabon brochures in Enghsh and Spamsh Employee Update · Deregulation ~ssues Pubhc Meetings for all four (4) sectors of the Denton Commumty · Prowde print mater~al for all attendees 1 Available ~n Enghsh and Spanish On-Hold Phone System Messages · Messages wdl rotate through the on-hold message system at Customer Service and C~ty Hall 1 Deregulahon phone hne number 2 Webs~te w~th deregulation ~nformahon [LECTRIC 2001 Der~ulation Education Campaign II Denton Mumclpal Electric ~s owned by you, the Denton area residents Wtth deregulation and uncer- tainty looming on the horizon for Texas, the elecmc industry continues to bnng confuston and concern However, being an owner and a customer of your mumc~pahty, Denton Mumc~pal Electric, you know that you are m control of your electric provider When deregulation brings unfam~har faces, the chmce will be easy because you already own the best DME ~s here for you and wdl continue to be here for you 24 hours-a-day, 7 days-a-week Whenever you need us, we are only a local phone call away ~4~D~G · ~D 80~73~2989 ~1~ ~.dm~power.com , t ~ t EtEgTBlg D TON 2001 Deregulation Education Camlmi~n Commercild Script You may not think about Denton Mumc~pal Electric You may pay your ball, use your power, and that's where ~t ends Yet the men and women, who stand on the front hnes of our community's safety, think about DME a lot DME contributes more than 5 million dollars a year to the C~ty's general fund, which financmlly helps support the Denton pohce and fire departments That may not seem hke a b~g deal, but to the thousands of people Ihey save every year, ~t's the difference of a hfeUme ~ource: Charter Media Page S [ L E C T R I C 2001 Deregulation Educatio~ Campaign Commercinl Script Choices Life ~s full of choices What sbould I wear9 What road should I take ) Should I use the 50/50 or phone a friend9 W~th all oflhese choices, ~t's refreshing to know that some are easy, hke choosing an electric provider With benefits like budget bdhng, energy audits, and 24-hour emergency service, DME ~s the only choice we need So, ~nstead of spending your tm~e worrying about your electric prowdei, you may want to concentrate on other th~ngs, hke your wardrobe [tllTIIl 2001 Deregulation Educa~on Campaign Public Service Announcement Press Contact Jess~ca James 940-349-7142 FOR IMMEDIATE RELEASE KILL DATE MONTH/DAY. 2001 DENTON MUNICIPAL ELECTRIC. DEREGULATION PUBLIC SERVICE ANNOUNCEMENT/COMMUNITY CALENDAR "CONTROL" (30 reconds) You, the Denton area residents, own Denton Mumc~pal Electric W~th deregulation and uncer- tainty looming on the horizon for Texas, the elecmc industry continues to bring unfamthar faces and concerns for residents However, being an owner and a customer of your mumclpahty, Denton Mumc~pal Electric, you know that you already own and control your electric provider To find out more about deregulation and how ~t could affect Denton, call 940-349-DREG Agmn, that was 940-349-DREG ELECTRIC Page 8 2001 Deregulation Eduentlon Campaign We don't want to expertence the unexpected like California thd, and we know that you don't either However, elecmc deregulation m Texas is right around the corner Here at Denton Mumclpal Elecmc wc are maktng tt our n'ussion to educate our customers (our owners) about deregulauon and what it means for fellow Texans We have the opt]on to jump into a pool of sharks like Cahforma did or wmt until the market has a chance to mature and prove to be beneficial to all of us It we do make the dec]sion to compete (opt-m), we must stay in it regardless of the mmket situation 940-349-DREGo TDD 800-735 2989 www dme-power com [ll~lll~ ELECTRIC 2001 Deregulation Education Campaign We don't want to experience the unexpected hke Cahfom~a dtd, and we know that you don t rather However, electric deregulauon in Texas ~s right around the comer Here at Denton Mumc]- pal Elecmc we are malang ~t our nuss]on to educate our customers (our owners) about demgulataon and what ~t means for fellow Texans We have the optton to jump mto a pool of sharks hke Cahforma d~d or wmt untd the market has a chance to mature and prove to be beneficial to all of us If we do make the decision to compete (opt-m), we must stay tn tt regardless of the market s~tuat]on 940-349-DREG" TDD 800-735-2989 ~ www rime-power com [ t I g I II I C Page 10 ~!Q~ [tH;TRIg 2001 Der~ulation Education Campaian Comme~_J_~! Script Personal Assurance There has been a lot of d~scuss~on these past few months regarding deregulation and the problems ~t has caused for the people m Cal~fomm They're not the only state to deal w~th deregulatmn, and ~t will soon be on the horizon for the rest- dents of Denton Yet, rest assured that Denton Mumc~pal Elecmc ts ready to meet this challenge and we will stand by you, our netghbors We've kept the hghts on m Denton for almost a century, and we're looking forward to bnghtemng the next one Sour~e~ Chsrter Medh P~e 11 t ~P~t ~ t~ [L[CTItI~ 2001 Deregulation Education Campaign Public SeFvice Announcement Press Contact Jesstca James 940-349-7142 FOR IMMEDIATE RELEASE KILL DATE. MONTH/DAY. 2001 DENTON MUNICIPAL ELECTRIC. DEREGULATION PUBLIC SERVICE ANNOUNCEMENT/COMMUNITY CALENDAR "ARE WE READY TO JUMP IN" (60 secondO Denton Municipal Electric doesn't want to experience the unexpected, hke California did with electric deregulation, and we know that you as a Denton resident don't either However, on January 1, 2002, electric deregulation will affect many of our fellow Texans Fortunately, as a mumclpal, ty we have the option to nde the waves and wait to consider jumping ~nto the open retml market until the waters are calm and deregulation proves to be beneficial for our customers However, if we do choose to participate in an open retail market there is no turning back regard- less, of the marketplace situation For more information about electric deregulation and how it can affect you, call 940-349-DREG ELECTRIC 2001 Deregulation Education Campaign Deregulauon is not a new word Everyone has heard about how the electric industry in Texas is getting ready to change on January 1, 2002 But, no one knows how deregulation will affect Texans Will rates increase9 Will quality olr service decrease9 Fortunately, customers of mumcipallties across the state, such as Denton Munici- pal Electric, are not mqmred to participate in the retml market until there is proof that such a decision will benefit customers DME is dedicated to educating and protecting its customers dunng this uncertain time in the electric industry We are here for you 940-349-DREG * TDD 800-73~-2989 www.dme-power.eom ~!M [L[~III~ Page 14 ~T!~ ELECTBIg ~001 D~r~t~ulaflon Educatio~ Campaign Deregulation ts not a new word Everyone has heard about how the electric industry in Texas is getting ready to change on January 1, 2002 But, no one knows how deregulation will affect fellow Texans Will rates increase'> Will quality of service decmase'~ Fortunately, customers of mumclpalities across the state, such as Denton Mumctpal Electric, are not requtred to participate m the fermi market until there ts proof that such a deciston will benefit customers DME ts dedt- cared to educating and protecttng tts customers dunng this uncertmn time in the electric mdustry We are here for you 940-349-DREG * TDD 800-73S-2989 www,dme~power, com ELECTRIC ELECTRIC 2001 D.eregulation Education Campaign Comme]~ll Script Concern and Confusion You may have heard ~t's coming, you may not know what ,t ~s and you may not be ready for xt, tt's Deregulauon and you would be concerned tfyou dtdn't have Denton Mumctpal Electric DME can grade you through deregulauon and make sure that you won't be affected We wdl sull prowde the same h~gh quahty of serv,ce that we have s~nce 1905 Deregulauon may have darkened the sunshine state but they don't have DME DME We will keep the hghts on for you Source: Charter Media Page 16 [ l [ { ! R I ~ ~01 DefeCation Education C~mpai~n Public Service Announcement Press Contact Jess~ca James 940-349-7 142 FOR IMMEDIATE RELEASE KILL DATE. MONTH/DAY. 2001 DENTON MUNICIPAL ELECTRIC. DEREGULATION PUBLIC SERVICE ANNOUNCEMENT/COMMUNITY CALENDAR 'q2ONFUSlON~' (30 seconds) Deregulation is not a new word Everyone's heard something about how the electrm ~ndustry ~n Texas will be changing on January 1, 2002 Th~s change ~s bound to bnng some confuston and concern for many Texans Denton Mumc~pal Electric ~s dedmated to educating and protecting ~ts customers dunng this uncertain t~me ~n the Texas Electric Industry To find out more about deregulation and how it m~ght affect you, call 940-349-DREG Agmn, that was 940-349-DREG ELECTRIC 2001 Dereghlation Education Campaign yOLk? D~N'TDN ELEGTRIC ELECTRIC Pagel9 ELECTRIC 2001 Dep~;ula~on EducationlCampaign What is electric deregulation? How do I, as a Denton resident and part owner of DME, have a say in } l,.ctllC deregulation reterq to the abthty of industrial, whether customer choice IS offered ctunmerclal, and residential customers to choose their t,let,tne energy supplier It's snmlar to the way coosnm or not'/' ers em rently select telephone service compameq Cn~tomc~s will have thc opt)ortumty to vmce cheil OpllllOn% and conceltlS din ulg scheduled open nicer What age some general terms that rags Meeting dates v, fll bt, hsted in the Denton describe ele~l'lC deregulation? Record £ hronlclc and on the Clty of Denton's ( able Channel 26 More mtmmat~on wdl bt, avadablt, and *Elet,lnc Utlhty Restructuring ,,tnt oat tn future bill staffers and malhngs *Retail Whechng .Rctad Access Would I save money in an open .Elecmc Utthty Competition market? .Cnstomer Chmce .Open Markel Results hart, ',,liIt,d in statt,s parllclp,llulg in ,In open ma~k~.t sod oiler mg t,uslomer cho~t,~ ht Pt,nusylvama Who IS required to offer customers restdent~al consumers have been stvmg an average of a choice In energy provlde~? 51(~ per month on thc]] electric bills over p~cviou% rates Coav~rscly nl Cahfmma thc avc~agc co>t per Under Senate Bill 7, passM rolo law May 21.1999, kflo;~ aa-hour has mc~ ea~ed h om 6 4 cents to 21 4 alt investor owned utd~tms (1OUs), sut,h as TXU and cents increasing residential bfil~ by more lhan Rehan~L[ am reqmred to open their semtce areas to per tnonth prolnptmg calls to eliminate dcrcgtdalmn competmon Customers m these am~s will have ~e The difference m inarkct stnlcturcs, available genera oppoaum~ to choose energy supphers ~gmmng t~on capac~tS, and market rcqmrvments have lcd to Janua~ I, 2002 these t~o ~arymg scenat Fortunately cosmmersofmunm~palmeqsuchasDMF, What ,s the boflom and electric cooperahvcs across the state are not rcqmr~d to pagm~patc m the open market mill there ~s Fitch ~c dercgulal~on has ~avcd consumers money ~n pmof~at such a decision will save cons~lers money qonlc stateq ~hlic increasing costs ill others A wide and n~ result m unrehable service rang~ el markel forces are responsible tot the differing results Whclhc~ el not ®ulation m Texas will Will DME padlclpate? dch~cr benefits such as lower prices and more x~ fi l lull bc lully knuwn untd the new market structure Denton s C~ty Councd will make the ultnnate dects~on has had rune to operate anti mature whether DML wdl pamc~pate in electric utd~ compe- tition or not A series of open meetings and btll Rem~nbermwa~h~r;ched~edmeeun~s ~tuffem am being scheduled to inform our customers h~ted m ~t ~nton Record Chronte~ or on and C~uncd members of the potentml p~tfalls and t& O~ ofDenton$ Cmb~ Channel2~ along wtth fitmm btll sn~em and ~thngs benefits of elecmc utfltty competition 2001 Deregulation Education Campaign Website Agreement STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR WEB SITE FOR DENTON MUNICIPAL ELECTRIC THIS AGREEMENT is made and entered into as of the day of , 2001, by and between the City of Denton, Texas, a Texas Mumc~pal Corporation, w~th ~ts principal offices at 215 East McK~nney Street, Denton, Texas 76201 (hereafter "OWNER") and GENERALWEBS COM, a Texas Proprietorship, acting by and through Terry Allan Blake, w~th ~ts offices at 1220 Kmght Street, Denton, Texas 76205 (hereafter "CONSULTANT"), the part~es act- ~ng herem by and through their duly-authorized representatives WITNESSETH, that ~n constderat~on of the covenants and agreements here~n contmned, the part~es hereto do mutually AGREE as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services here~n m connection w~th the ProJect as stated m the Amcles to follow, w~th dlhgence and ~n accordance w~th the professional standards customarily obtained for such servmes m the State of Texas The professional services set forth here~n are m connection with the following described project (the "Project") To demgn a new layout for the Webs~te, to destgn a new Webs~te, to develop a search option of each page that allows user to search entire Webs~te for key words, and to create a specml password protected adm~mstrat~on page that wdl allow adm~ntstratlon of the Webs~te ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following Basra Services m a professional manner A To perform all those serwces and tasks as set forth ~n CONSULTANT's "Section A" and "Section B" whmh is a two (2) page document from Terry Allan Blake to Jess~ca James, Denton Mumc~pal Electrm, dated February 2001, a copy ofwhmh Sections are attached hereto and tncorporated herewith by reference as Sections A and B ELECTRIC 2001 Deregulation Education Campaign Website Agreement B To destgn a Webslte which contmns the provisions described ~n Section "C," the outhne for the Webslte C In the event there is any confltct between the terms of th~s Agreement and the Sectmns at- tached to this Agreement, the terms and conditions ofth~s Agreement shall control over the terms and conditions of the Sections ARTICLE II1 ADDITIONAL SERVICES Any additional services to be performed by the CONSULTANT, if authorized by the OWNER, whmh are not ~ncluded as Basic Services in the above-described Scope of Services, set forth ~n Article II above, shall be later agreed-upon by the parttes, who shall determine, m writing, the scope of such additional services, the amount of compensation for such additional services, and other essential terms pertmmng to the provls~on of such addtt~onal serwces by the CONSULTANT ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon executton by the OWNER and the CONSULT- ANT and upon the issuance of a notme to proceed by the OWNER, and shall remain m force for the pertod that may reasonably be required for the completion of the ProJect, ~ncludmg Additional Services, ~f any, and any reqmred extensions approved by the OWNER Th~s Agreement may be sooner terminated in accordance w~th the provisions hereof TIME IS OF THE ESSENCE IN THIS AGREEMENT The parties agree that their ~mttal t~me plan ~s for the work to be performed under this Agreement by CONSULTANT to be completed by March 20, 2001 ARTICLE V COMPENSATION A COMPENSATION TERMS 1 "Subcontract Expense" Is defined as any expenses recurred by CONSULTANT ~n the employment of others In outside firms, for services m the nature of professtonal or related services Any subcontract or subconsultant bflhng reasonably recurred by the CONSULTANT ~n connection with the ProJect shall be ~nvmced to OWNER at the actual cost ELECTRIC 2001 Deregulation Educatson' Campaign Website Agreement 2 "Direct Non-Labor Expense" is defined as that expense, based upon actual cost, for any out-of-pocket expense reasonably mcurred by the CONSULTANT tn the perfor- mance ofthts Agreement for expenses such as long distance telephone charges, telecopy charges, messenger services, pnntmg and reproduction expenses, out-of-pocket ex- penses for purchased computer time, and similar incidental expenses incurred tn con- nectlon with the Project B BILLING AND PAYMENT For and tn consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the Baste Services tasks set forth m the Scope of Services as shown in Artmle II above, as follows 1 CONSULTANT shall perform its work on this ProJect on a "lump-sum fee" basis CONSULTANT shall bill from time sheets OWNER agrees to pay to CONSULT- ANT for its professional servmes and expenses incurred in the ProJect an amount of $14,950 The "Additional Service" hourly rate shall be $90 per hour, should DME wish to expand the scope of service until December 31,2001 Partial payments to the CONSULTANT will be made weekly based on the actual completion of the Baste Services, rendered to and approved by the OWNER through its Director of Electric Utthtles or her designee However, under no circumstances shall any monthly state- ment for services exceed the value of the work performed at the time a statement is rendered The OWNER may withhold the final ten (10%) percent of the above fee amount until satis- factory completion of the ProJect by the CONSULTANT Nothing contained m this Artmle shall require the OWNER to pay for any work which is unsatisfactory as reasonably detenmned by the Director of Electric Utdities or her designee, or which is not submitted by CONSULTANT to the OWNER in compliance with the terms of this Agreement The OWNER shall not be required to make any payments to the CON- SULTANT when the CONSULTANT is tn default under this Agreement It is specffically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense or reimbursement above the lump sum fees and the maximum not to exceed fees as stated heremabove, without first having obtained the prior written authorization from the OWNER CONSULTANT shall not proceed to perform any services to be later provided for under Article II1 "Additional Services," without first obtain- lng prior written authorization from the OWNER Source: COD Page 23 [ [ [ g 181 ~ 2001 Defoliation Education Campaign Website Agreement C ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article III herelnabove, CONSULTANT shall be paid based on a to-be-agreed-upon Sched- ule of Charges Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with Article V B hereinabove State- ments for Basic Services and any additional services shall be submitted to OWNER no more frequently than once monthly following the execution ofth~s Agreement D PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses within forty-five (45) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from and after the said forty-fifth (45th) day, and m addition, thereafter, the CON- SULTANT may, after giving ten (10) days written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full for all amounts then due and owing, and not disputed by OWNER, for services, expenses and charges Provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) per month as set forth herein, if the OWNER reasonably determines that the CONSULTANT's work is unsatisfactory, m accordance with Article V B of this Agreement ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in d~scovenng and promptly reporting to the OWNER any defects or deficiencies m the work of the CONSULTANT or any of its subcontractors or subconsultants ARTICLE VII OWNERSHIP OF DOCUMENTS Any and all documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the termination of this Agreement The CONSULT- ANT Is entitled to retmn copies of all such documents The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this project and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense In the event the OWNER uses the Agreement m another project or for other purposes than specified herein any of the infor- mation or materials developed pursuant to this agreement, CONSULTANT is released from any and all liability relating to their use in that project TLECTRIC 2~1 Dere~ulaUon Education Campaign Website Agreement ARTICLE VllI INDEPENDENT CONTRACTOR CONSULTANT shall prov,de servmes to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or clmm any right arising from em- ployee status ARTICLE IX INDEMNITY AGREEMENT A The CONSULTANT shall indemnify and save and hold harmless the OWNER and ,ts officials, officers, agents, atmmeys and employees from and agatnst any and all habthty, clmms, demands, damages, losses and expenses, mcludmg but not hm~ted to court costs and reasonable attorney fees ~ncurred by the OWNER, and including without hm,tat~on damages for bodily and personal injury, death, or property damage, resulting from the neghgent acts or om~ss,ons of the CON- SULTANT or its officers, shareholders, agents, attorneys and employees m the execut,on, op- eration, or performance of thru Agreement B Notwithstanding the prows~ons of Art,cie IX A heremabove, the parties agree that CON- SULTANT shall not be hable to OWNER for any special, md,rect, or consequentml damages, ~ncludmg, wtthout hm~tat,on, damages or losses ,n the nature of loss of revenue or profit, lost production, clmms by customers of OWNER, or governmental fines or penalt,es C CONSULTANT'S ,ndemmficatlonoftheOWNER, as provldedlnArt~clelX A here,nabove, shall be expressly hm~ted to the total compensat,on prod under th,s Agreement by OWNER to CONSULTANT, together w,th the proceeds of~ts applicable insurance coverage, as ldent,fied , mArt,cle X here~nbelow, but m no event shall CONSULTANT's ,ndemmficat,on of OWNER exceed atotal habdlty of$1,000,000 00 D Nothing ,n thru Agreement shall be construed to create a habthty to any person who is not a party to th~s Agreement and noth,ng hereto shall wmve any of the party's defenses, both at law or eqmty, to any clmm, cause of action or lmgat,on filed by anyone not a party to this Agreement, ~ncludmg the defense of governmental ,mmumty, which defenses are hereby expressly reserved ARTICLE X INSURANCE During the performance of the Services under th,s Agreement, CONSULTANT shall maln- tmn the following insurance w~th an ~nsurance company licensed to do bus~ness m the State of Texas by the State Insurance Board or any successor agency, that has a rating w~th A M Best Rate Carriers of at least an "A-" or above Source COD Page 25 ELECTRIC 2001 Dere~lation Educatio~ Campaian Website A~reement A Automobile Liability Insurance with bodily injury limits of not less than $100,000 for each person and not less than $100,000 for each accident and with property damage limits for not less than $100,000 for each accident CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverage The insurance policy shall name the OWNER as an additional insured on all such pohcles to the extent legally possible, and shall contain a pro- vision that such insurance shall not be cancelled or modified without thirty (30) days prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, deliver copies of any such substitute policies furnishing at least the same policy limits and coverage to OWNER ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation No arbitration or alternate dispute resolution arising out of or relating to, this Agreement involving one party's dis- agreement may include the other party to the disagreement without the other's approval ARTICLE XII TERMINATION OF AGREEMENT A Notwithstanding any other provision of this Agreement, either party may terminate this Agree- ment by providing thirty- (30) days advance written notice to the other party B This Agreement may alternatively be terminated m whole or m part in the event of either party substantially failing to fulfill its obligations under this Agreement No such termina- tion will be effected unless the other party is given (1) written notice (delivered by certified mall, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termina- tiOll Source: COD Pa~e ~ EL[CTRIC 2001 Deregulation Education Campaign Website Aarement C If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services upon receipt of the written notice of termination from OWNER, and shall render a final bill for services to the OWNER within twenty (20) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reimbursable expenses prior to notice of terminat~on being received by CONSULTANT, in accordance with Article V of this Agreement Should the OWNER subsequently contract w~th a new consultant for the continuation of services on the ProJect, CONSULTANT shall cooperate tn providing ~nformatlon to the OWNER and to the new consultant If applicable, OWNER shall allow CONSULTANT a reasonable time to translUon and to turn over the Project to a new consult- ant CONSULTANT shall mm over all documents prepared or furnished by CONSULT- ANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its files ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute nor be deemed a release of the responstbd~ty and habdity of the CONSULTANT, its officers, employees, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work performed pursuant to this Agreement, nor shall such approval by the OWNER be deemed as an assumption of such rcsponstblhty by the OWNER for any defect in the design or other work prepared by the CONSULTANT, ~ts officers, employees, agents, subcontractors, and subconsultants ARTICLE XIV NOTICES All, notices, commumcaUons, and reports required or perrmtted under this Agreement shall be personally delivered to, or telecopied to, or maded to the respective parties by depositing same tn the Uriited States mtul at the addresses shown below, postage prepmd, certffied mall, return recmpt requested, unless otherwise specified herein To CONSULTANT To OWNER GENERALWEBS COM City of Denton, Texas c/o Terry Allan Blake Michael W Jez, City Manager 1220 Knight Street 215 E McKmney Street Denton, Texas 76205 Denton, Texas 76201 All notices under this Agreement shall be effective upon their actual receipt by the party to whom such noUce is given, or three (3) days after mathng ol the nonce, whichever event shall first occur EL[CHIC 2001 Deregulation F, dueatton Campaign Website Agreement ARTICLE XV ENTIRE AGREEMENT This Agreement conststmg of nine (9) pages and three (3) Secttons constitutes the complete and final expresston of the Agreement of the parties and is intended as a complete and exclusive statement~ofthe terms ofthetr agreements, and supersedes all prior contemporaneous offers, prom- tses, representattons, negottattons, discussions, communications, understandings, and agreements which ma~ have been made tn connectton wtth the subject matter of thts Agreement ARTICLE XV1 SEVERABILITY If any provtston of this Agreement Is found or deemed by a court of competent jurisdiction to be mvaltd or unenforceable, tt shall be constdered severable from the remainder of this Agreement, and shall ,not cause the remamder to be mvalld or unenforceable In such event, the parttes shall reform this Agreement, to the extent reasonably possible, to replace such stricken provtslon wtth a valid and ~enforceable provlston whtch comes as close as possible to expressing the original mten- t~ons of the parttes respecting any such strtcken provlston ARTICLE XVIl COMPLIANCE WITH LAWS The CONSULTANT shall comply w]th all federal, state, local laws, rules, regulattons, and ordinances apphcable to the work performed by CONSULTANT hereunder, as they may now read or as the~ may hereafter be amended ARTICLE XVIII DISCRIMINATION PROHIBITED In performtng the services required hereunder, the CONSULTANT shall not d~scnm~nate against a~y person on the basts of race, color, rellgton, sex, national ongm or ancestry, age, or phystcal handtcap ART1CLE XIX PERSONNEL A CONSULTANT represents that It has or wtll secure at Its own expense all personnel reqmred to perform all the servtces reqmred under this Agreement Such personnel shall not be em- plqyees or officers of, nor have any contractual relations with the OWNER CONSULTANT shall promptly Inform the OWNER of any conflict of interest or potential conflict oftnterest that may arise dunng the term of thts Agreement S0ur~: COD Pa~e 28 ELEITRIt 2001 Deregulation EducationI Campaign Website Agreement B All services reqmred hereunder wdl be performed by CONSULTANT or under its d~rect supervision All personnel engaged tn performing the work prowded for ~n th~s Agreement, shall be qualified, and shall be authorized and permitted under state and local laws to perform such services ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any Interest tn th~s Agreement and shall not transfer any interest m this Agreement (whether by assignment, novation or otherwise) w~thout the prior written consent of the OWNER CONSULTANT shall promptly not~fy OWNER of any change of ~ts name as well as of any s~gmficant change mtts corporate structure or in 1ts operations ARTICLE XXI MODIFICATION No wmver or modfficat~on of this Agreement or of any covenant, condmon, llm~tat~on here~n contmned shall be vahd unless tn writing and duly executed by the party to be charged therewith No evidence of any wmver or modtficatlon shall be otfered or recetved ~n evidence ~n any proceed- ~ng rasing between the parttes hereto out of or affecnng th~s Agreement, or the rtghts or obhgattons of the parttes hereunder, unless such watver or modtficat~on ~s m writing, duly executed The part~es further agree that the provisions ofth~s Article wdl not be wmved unless as here~n set forth ARTICLE XXll MISCELLANEOUS A CONSULTANT agrees that OWNER shall, untd the expiration of three (3) years after the final payment made by OWNER under thts Agreement, have access to and the right to exam- me any d~rectly pertinent books, documents, papers and records of the CONSULTANT ~n- volwng transactions relating to th~s Agreement CONSULTANT agrees that OWNER shall have access dunng normal workmg hours to all necessary CONSULTANT facilities and shall be provtded adequate and approprtate working space m order to conduct exammattons or audits m comphance w~th th~s Article OWNER shall give CONSULTANT reasonable advance nonce of all intended examinations or audits B Venue of any stat or cause of action under th~s Agreement shall he exclusively ~n Denton County, Texas This Agreement shall be governed by and construed ~n accordance wtth the laws of the State of Texas Source: COD Page 29 2001 Deregulation Education Campaign Website A~ement C For purposes of this Agreement, the parties agree that Terry Allan Blake of CONSULTANT ("Blake") shall serve as the Project Manager of CONSULTANT, respecting th~s engage- ment Th~s Agreement has been entered ~nto w~th the understanding that Blake shall serve as the CONSULTANT's key person serving the OWNER on the ProJect Any proposed changes requested by CONSULTANT, respecting Blake serving as the key persons on the Project, shall be subject to the approval of the OWNER, whmh approval the OWNER shall not unrea- sonably w~thhold Nothmg heretn shall hm~t CONSULTANT from using other quahfied and competent members of~ts firm to asstst the two key persons ~n their performance of the other servmes reqmred hereto, under ~ts superwslon or control D CONSULTANT shall commence, carry on, and complete ~ts work on the ProJect w~th all apphcable d~spatch, and ~n a sound, economical, efficient manner, and ~n accordance w~th the proylslons hereof in accomphshlng the Project, CONSULTANT shall take such steps as are apl~roprmte to ensure that the work revolved m properly coordinated w~th related work being carned on by the OWNER E The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's d~sposal all avmlable ~nformat~on pertinent to the Project, mcludlng prewous reports, any other data relative to the Project and arrangtng for the access to, and make all provtstons for the CON- SULTANT to enter ~n or upon, pubhc and private property as reqmred for the CONSULT- ANT to perform pmfesstonal serwces under thts Agreement F The captions ofth~s Agreement are for ~nformat~onal purposes only and shall not m any way affect the substantive terms or conditions of this Agreement IN iWITNESS WHEREOF, the C~ty of Denton, Texas has executed this Agreement m four (4) original counterparts, by and through ~ts duly authortzed C~ty Manager, and CONSULTANT has executed thru Agreement by and through ~ts duly authorized undersigned officer, on th~s the day of ,2001 "CITY" C1TY OF DENTON, TEXAS A Mumctpal Corporation By MICHAEL W JEZ, City Manager ELECTRIC 2001 D~regulation Educaflo~ Campsign Website Agreement ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By "CONSULTANT" GENERALWEBS COM By TERRY ALLAN BLAKE, Proprietor I),t, NTON Source: COD Page 31 ',l~,~l~ E[EgTRIC 2001 Der~daflon Education Campaign Website Agreement Section A Here are the Items that GeneralWebs. Com (GWC) agrees to. GWC agrees to · Have s~te completed by March 20th, 2001 · Design new layout/look for s~te · Develop s~te conta~mng secbons/pages on attached spreadsheet S~te totals 127 pages · Develop search option of each page that allows user to search enbre webs~te for keywords · Create a special password protected adm~mstrat~on page that w~ll allow you to adm~mster the webs~te The adm~mstrat~on page w~ll contain the following sec- t~ons · Add/Modify/Delete "Late Breaking News" Articles · Add/Moddy/Delete "Useful URLs/L~nks" Items · Add/Modify/Delete "Frequently Asked Quesbons" Items · Add/Modify/Delete "Terminology" Items · Add/Modify/Delete "Deregulation" Articles Wew Chcks per Page Statisbcs · Bulk Emall Registered Users · Database Backup Section · Complete the above tasks for $14,960.00 This price does not ~nclude future changes or updates that m~ght be desired Future changes or updates wdl be billed separately · It must be noted that HTML (the programming language of the Internet) ~s not a fixed format "layout language", ~n contrast to projects designed for pnnt output to a fixed format Unlike print output, exact placement of text and graphics and exact d~stances, measurements and s~zes are not possible to predict ~n th~s medium That ~s, the final rend~bon of a webs~te ~s contingent upon the configuration of the computer and momtor on which the s~te ~s d~splayed Th~s s~te wdl be designed to be compliant on Microsoft Explorer or Netscape Nawgator PC Version 4 0 Web Browsers at 800 X 600-screen s~ze and at "true color" resolubon ELECTRIC 2001 Der~ulalion Education Campion Website!Agreement Section B Agents of Denton Municipal Power agree · To pay GWC the pace of $14,950.00, which will be billed weekly as pages/sec- t~ons are completed for the labor ~nvolved ~n producing the product described ~n Section A · To Provide necessary text, graphics & informahon for the development of your webs~te (GWC will not write the content/text) · That the $14,9~0.00 is for the/mt/a/dos/~?/~ of the web s~te Future updates or changes will be billed separately at an hourly rate of $90 00 Th~s rate is good unhll December 31, 2001 and may change after such date · To prowde hosting for s~te on W~ndow NT Server containing Cold Fusion 4 0 If not, ,to understand that GWC may facilitate the setup of your webslte with a web hosting service GWC ~s not hable for downtime or problems w~th the web hosting service We do our best to find you a web hosting service that fits your needs but cannot guarantee the rehabfl~ty, speed, funct~onahty, data secunty, or emafl capa- blhty of another company's services You may w~sh to locate and setup services w~th a web host on your own but we cannot guarantee that a web host chosen by you ~wfll be compatible w~th program code produced by GWC As a convemence to you we can ~nclude the cost for web hosting services on your ~nvo~ce However, Ghent should reahze that we reserve the right to charge a small markup for the facflltahon of these services Sign &,date here to agree to the conditions above Chent Silgnature Date GENERALWEBS COM Signature Date ELECTRI; 2001 Deregulation Education Campaian Website Pages Sect,on C Pages 1 HOME PAGE 1 Company Overview 1 Who We Are 1 Our Employee Team 1 Electnc Service 1 How To Reed Your Meter 1 Electncal System Improvements 1 Add,t, onal Serwce 1 Energy 8avlng Tlpa 1 A/C Umt 1 Sizing the System 1 Air Conditioner Tune-up T/ps 1 A~r I nflltrat~on 1 Ceul/~/ng 1 Weather-$tn/)p/ng 1 Appliances 1 Summer E/ectr/ce/Use byApp//ance 1 Winter E/ectnce/Use byApp//ance 1 Ceding Fans 1 Se/ect/on Cntena Insulation Landscaptng 1 Ground Surfaces 1 Shading AirFlow 1 L~ght~ng 1 Indoor//ght/ng i'/ps Outdoorlight/ng T/ps SOurce. GWC Page 34 £LEGTfiI~ 2001 Der/~laiion Educatio~ Campaign Website Page~ Home £and$¢aping A/r £eakage Insulet/on We~ther-$tnpp~ng Doom W~ndow$ ~oof~ ~nd Ceiling ~oo~p Insulatmn ~dmnt Metenals ~dow Fdms Awmngs A~r C~t~on and Vent#at, on A~r Condd~oner Am Con~t~oner Enemy ~tmgs W~ter He~tmg ~ele~t~on of Hot W~ter ~ystems Rps on ~eduo~ng Hot Water Consumption 1 Cust~m®r Pregmm~ 1 Payment Plans and Locahons 1 Pre-Authonzed Bdl Payment 1 EnergySave Program Gu/del/ne$ 1 Budget Bdhng Program [LECIIIIC 2001 Deregutedon Educatiod Campaign Website IPages 1 late Breaking Ney4 (cfm)* Pho'm~ 1 DME urges safety dunng the hohdays 1 Pubhc Power Week 2000 1 L~neman's Rodeo Results 1 DME's Plus One Golf Clasmc 1 May ~s Nahonal Electric Safety Monthl 1 DME says 'Good-bye' to Iongt~me friends and employees 1 DME battles ~ce storm 1 How to save $$$ on your water heahng bdP 1 DME L~neman earn top honors at Texas Lineman Rodeo 1 DME meets the Y2K Challenge DME Upgrades 1 May ~s Nabonal Electnc Safety Monthr 1 DME Recmves National Award 1 DME upgrades powerhnes on North Locust 1 Ueeful URla 1 I{ Ids Section 1 Word Search Puzzle 1 Energy Conservabon 1 Safety T~ps 1 Power Plant Tour .1 Safety 1 Indoors 1 Outdoors 1 Semors 1 D~g Test 1 Emergenole. 1 Energy Audlt~ 1 DME Hlntory (mlselon) 1 Plus One Asslntanoe Program 1 Frequently Asked Questions 1 Deregulations 1 Energy Conservation 1 , Community Involvement 1 Tsr~nlnology 1 Dady 1 Deregulations , Source: GWC Iaaa :36 E L [ C l R I C 2001 Deregula~on Education Campaign Website Pages 1 Customar Service (llnlm page) 32 Deregulation Section 1 Bulk ema~l form 1 * 8eamh on every page 2 * ollok through etat~ 127 TotalPages Source: G~VC I~aae 3'7 ELECTBIC 2001 Deregulation Education Campaign 2001 Deregulation Campaign Budget DRC Paper 15,000 Denton Business Paper 4,000 and Community News Phone Line Deregulation Q & A's 2,000 Charter Cable Commercial Production 5,000 Bill Stuffers Prmt~ng 18,000 Mall Outs Deregulation Issues 18,060 Interpretation to Spanish 3,000 Messages On-hold Messages 3,000 (Voice over/production) Website Production 14,950 Employee Updates Deregulation Updates w/ck's 3,000 Meetings Meetings and Print Material 2.000 Toml Cost $88,010 Items AIl Ready Approved For Budget Year 2001 Channel 26 Production of Bulletins 1,200 Omrt~r Media Commercial Alrtime 15,254 ELECTRIC