HomeMy WebLinkAboutAugust 2, 2005 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
August 2, 2005
The City Council will attend a reception for Board and Commission members on Tuesday,
August 2, 2005 at 5:30 p.m. in the Council Work Session Room at City Hall.
The City Council will convene in the Council Chambers at 6:00 p.m. at which the following items will be considered:
1. Consider approval of a resolution of appreciation for retiring Board/Commission
members.
2. Oath of Office for New and Continuing Board Members.
NOTE: The City Council reserves the right to adjourn into a Closed Meeting on any item on its
Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended,
including without limitation, Sections 551.071-551.086 of the Texas Open Meetings Act.
After determining that a quorum is present, the City of Denton City Council will convene in a
Regular Meeting on Tuesday, August 2, 2005 at 6:30 p.m. in the Council Chambers at City Hall,
215 E. McKinney Street, Denton, Texas at which the following items will be considered:
1. Pledge of Allegiance
A. U.S. Flag
B. Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible."
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards B. Recognition of staff accomplishments
3. CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A - C}. This listing is provided on the Consent Agenda to
allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda.
If no items are pulled, Consent Agenda Items A - C below will be approved with one motion. If
items are pulled for separate discussion, they will be considered as the first items following
approval of the Consent Agenda.
A. Consider adoption of an ordinance regarding amendments to the Denton
Development Code and the Code of Ordinances of the City of Denton, Texas
related to amendments of Subchapter 12 (General Requirements} related to
setback requirements for swimming pools as accessory structures. The Planning
and Zoning Commission recommends approval (5-0).
City of Denton City Council Agenda
August 2, 2005
Page 2
B. Consider adoption of an ordinance accepting competitive bids by way of an
Interlocal Cooperative Purchasing Program Participation Agreement with the City
of Hurst under Section 271.102 of the Local Government Code for the purchase
of street slurry seal services; providing for the expenditure of funds therefore; and
providing an effective date (File 3385 -Interlocal Agreement for Street Slurry
Seal Services with the City of Hurst, contract awarded to Viking Construction,
Inc. in the estimated amount of $150,000).
C. Consider a request for an exception to the Noise Ordinance for the purpose of the
Christ Fellowship of Denton Church to host an outdoor concert at the Denton
County Courthouse lawn on Sunday, August 7, 2005, from 7:00 p.m. to 9:00 p.m.
The requestor is specifically asking for an exception to allow amplified sound on
Sunday.
4. PUBLIC HEARINGS
A. Extraterritorial Boundary Adjustment with Krum
1. Hold a public hearing and consider an ordinance releasing 7.011 acres of
Denton's extraterritorial jurisdiction (ETJ) to the City of Krum for the
Aspen Park Development. The 7.011-acre property is located on Hopkins
Road, north of FM 1173 and immediately east of the City of Krum's ETJ.
The Planning and Zoning Commission recommends approval (6-0).
2. Consider adoption of an ordinance approving and authorizing the City
Manager to execute a service area designation and transfer agreement by
and between the City of Denton and the City of Krum wherein the City of
Denton transfers and assigns its retail water and sewer service rights in
and to the two tracts known as Aspen Park Phase One and Aspen Park
Phase Two Additions to the City of Krum for a total of 59.99 acres of
land.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider approval of a resolution nominating a member to the Board of Directors
of the Denton Central Appraisal District; and declaring an effective date.
B. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
A. Nell Yeldell regarding Utility Administration, Justice System, and Taxes.
B. Keep Denton Beautiful Board of Directors regarding a letter of
support for the "pay-as-you-throw" program.
C. New Business
This item provides a section for Council Members to suggest items for future
agendas or to request information from the City Manager.
City of Denton City Council Agenda
August 2, 2005
Page 3
D. Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
F. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of , 2005 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS 1N ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-
RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY'S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE: August 2, 2005
DEPARTMENT: Planning and Development Department
ACM. Jon Fortune, Assistant City Manager
SUBJECT
Consider adoption of an ordinance regarding amendments to the Denton Development Code and
the Code of Ordinances of the City of Denton, Texas related to amendments of Subchapter 12
(General Requirements) related to setback requirements for swimming pools as accessory
structures. The Planning and Zoning Commission recommends approval (5-0).
BACKGROUND
Local property owners, pool installation professionals and staff (including the Building Official)
are concerned about setback requirements for swimming pools in single family residential zoning
districts. Currently the Denton Development Code dunes a swimming pool as an accessory
structure to the main structure on a lot and requires that the pool be separated from the main
structure or other structures by at least ten feet and separated from the side and rear property
lines by eve feet.
Recent discussions with local property owners and pool installation professionals lead staff to
believe that the existing setback requirements for swimming pools are too great. An additional
issue is the width of the side and rear setbacks for pools.
Like Denton, many communities also regard swimming pools as accessory structures. A survey
of setback requirements of nearby communities shows that swimming pools may be placed from
eve feet to zero feet from the rear and side property lines. Setback requirements for swimming
pools are measured from the edge of the water to the setback line.
CITY POOL SETBACKS CATEGORY
Side Rear
Keller None None Accessory Structure
Flower Mound 5 feet 5 feet Permitted Use
The Colony 3 feet 3 feet Permitted Use
Frisco 3 feet 3 feet Accessory Use per bldg code.
McKinney 5 feet 5 feet Accessory Structure
Dallas None None Accessory Use
Lewisville 3 feet from deck None Accessory Use
1
PROPOSED DEVELOPMENT CODE AMENDMENT
Decreasing the setback distances for pools will allow greater flexibility for design in limited
backyard spaces on many residential lots and preserve the integrity of public utility easements
which exist. The proposed setback from the main structure provides an ample separation from
any potential exterior electrical features on the main structure.
The proposed amendment is highlighted in the text below. The remainder of the text is supplied
for the context of the proposed amendment. Setback distances for other accessory structures are
proposed to remain at ten feet from the main structure. No additional changes to this sub-section
addressing accessory structures is proposed at this time.
"35.12.4 Accessory Buildings and Structures.
Accessory buildings and structures shall comply with all requirements for the principal use
except where specifically modified by this Subchapter and shall comply with the following
limitations:
A. No accessory building or structure may be located within the required front yard or
within an easement.
B. Guest Quarters. The issuance of permits for construction and occupancy of guest
quarters shall be subj ect to compliance with following conditions.
1. The guest quarters shall be located on the same lot as an existing detached single-
family use and maybe located within or attached to the principal building or in a
detached accessory building.
2. No more than one (1) guest quarters per tract or lot shall be allowed.
3. Guest quarters shall not be used as rental units.
4. The guest quarters shall be served by the same utility meter as the primary
dwelling, and the building materials and architecture will be similar or in concert
to the primary dwelling unit.
5. The floor area within the guest quarters shall not exceed fifty percent (50%) of the
floor area of the primary dwelling unit.
6. A guest quarters in a detached building shall be located no closer to the side lot
lines than the main residence.
C. Mechanical equipment shall be subject to the provisions of this Section. Such
equipment shall not be located between the main structure on the site and any street
adjacent to a front or side yard, and every attempt shall be made to place such
equipment so that it is not visible from adjacent public streets. Mechanical equipment
may be placed in a side yard abutting a side street if there are lot or building
constraints from placing it in the other side yard and the equipment is screened with a
fence or landscaping. Any installation of mechanical equipment shall require a
building permit.
2
D. Regardless of the side and rear yard requirements of the district, in a residential
district, a side or rear yard maybe reduced to three (3) feet for an accessory structure
erected more than fifty (50) feet from any street, other than alleys, provided the
structure is detached and separated from other buildings and structures by ten (10)
feet or more, and is no more than fifteen (15) feet in height with the following
exception:
1. A swimming pool on a lot with a single family home maybe constructed no
closer than five (5) feet from any other buildings and structures on the same lot.
2. A swimming pool on a lot with a single family home maybe constructed no
closer than three (3) feet from the side and rear lot line and the swimming pool
shall not encroach on an easement.
E. Accessory structures, excluding pools and agricultural buildings, may not total more
than 25% of the area of the principal structure on the lot."
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
July 13, 2005 -Planning and Zoning Commission Public Hearing
FISCAL INFORMATION
None available.
OPTIONS
1. Approve as submitted.
2. Approve with conditions
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval. (5-0)
ATTACHMENTS
1. July 13, 2005 P&Z minutes
2. Ordinance
Respectfully submitted:
Kelly Carpenter, AICP
Director of Planning and Development
3
C~nd~nse~t~`
Page 69 Page ~ ~
1 COM~IISiQNER STRANGII; Next item on the 1 municipalities to have a fence around a goal at]yway. So
2 a~cnda is a~~ arner~dr]tent to subchapter 1 ~ of tl]e Ivclapn]eI]t 2 this setback pretty well fro~u. ten foot to d foot is an
3 Code related ~ the setback requirer~]ents for swir]ur~ir]g 3 invrslble setback anyway fo~~ tl]c most part?
4 pools as necessary structures. Mr. Caak, 4 ~II~. Coop: Tl]at is correct. But
5 MR. ~aar~: Thank yan, Mr. Clair and 5 additionally, it urould --just for clarification that any
6 Coiru7liSSioI1. Again, Stephen Cook with t}]e Planning ~ b swimming pools would also be required not to be
7 Departll~ent. This itolu staff was approached by 7 constructed in any easements that would exist as well. o
8 residents and both pool construction professionals that S that easotnent sti11 would be preserved from any
exist wltl~rn the calluuut~ity as to the setback standards of 9 encroachment,
1 ~ swin]r~]ir]g pools tl]at reside within the Development Code. 1 ~ oomr~tsstor~il~ STRA]~GE; tight, Okay.
1 l ~win]~»ing pools exist as accessory structures to the main l 1 At]yone else lave any col~vnents? Okay, Tl]ank you very
12 str~rcture within our as defined witlxin our Development 1 ~ n]uch.
13 Code. They're cu1~rel]tly required to be set back 1 ~ feet 13 ~tlt. coop: Tl]ank you, sir,
14 from the main structure or other structures and then five 14 CONlMi~SIONSR STRANGE; This is still a
1 feet from the side yard and rear yard setbacks. 15 public hearing and so I"11 open the public heari~]g. Is
1 G The construction professionals had 1 G there anyone here who wishes to speak for or a~aii]5t tllrs
17 approat;l]e~l tl]e City staff in stating that this is a 1? item? No one here wishes to spear for ar agail]st, the
18 limitation] to design and be able to install pools 18 public hearing is closed. Do we have ally motl~I]s on tl]Is
1 ~ t1]roul~out the conurrunity in various lot configuratiol]s. 19 item?
20 o staff did examined our current standards and 2~ COMMISSIONER wATKINS: rove to approve as
21 co1~Ypal~d it with other cities as shown in youx backup. ~ 1 submitted.
~2 And we slow that as swilt~~]ing pools in as used as COMMISSIONER HoLT; ecand. accessary structures, that our standards toad to be a bit ~3 C4MMIS5ION~Ii
STRAt~G~: nave a n~oti~~n by Mr.
~4 excessive, And so, therefore staff expedited a sligl]t ~4 watkius and a secol]d by Mxs. ~Iolt. All in favor or all
2~ amendrrtent to the Development Code in which we're asking 5 unless there's opposition, please, vase. Rephrase
Pa e 70 Page 7Z g
1 your opinion on this evening is to modify the setback 1 that, Un~es there's d~~eU5Si0n, please vote Vote ~a~ses
2 requirements specifically to swI11]~nII]g pools as accessory 2 ~-D.
3 st,~uctnres. Other accessory str~.xctu~~es such as barns or 3
4 pool houses or other types of vertical type of 4
5 cor]strvctioil would r]ot be affected by tl]e arnendlnent, 5
~ The amendrner]t that we're askir]g for tills 6
7 board to consider a~]d to move on to tl]e City Council is to 7
8 modify for swinvniug pools to a five-foot setback from the S
Illarl] 5t1'tlcture aI]d other accessary structures within the ~
1 ~ lot and tl]rce foot setback fron] the side yards and tlae 1 ~
11 rear yards, which i snore in line to tl]c to other 11
12 colrUtYUt]ity setback standards, And we're available for any 12 13 gr~estio~ls. 13
14 cor~n~ISSIONE~ ST~A.NGE: anyone have any 14
15 questions of Mr, Cook? The only question ~'d har=e is 1 S
1 C really ll]or~E of a cor]~n]ent. wl]en we're talking about 16
17 Ms. CARPENTER, ~Ir. Chairman, I"ve been 17
1 S told by t1~e tech staff that that is somebody"s cell phone 18
19 going off silently at~d it's ringirz~ tluaugh the mike. 0 19
2~ would you cl]cck your cell phones, please,
~ 1 con~~IrssloN~R sTItA~IGE: ao~~'t have one. ~ 1
~2 CIS. CAItPI~NTER: That's what 1]e said it was, ~2
~:{)NIMISIO~iER STI~ANGIa: Okay. dell, if you
24 lla4re your cell pl]ot]e, please check, dust as a cornrr]ent, 24
25 you're required in Denton, ~ believe, and mast otl]er ~5
P~C~~NN~IIITC A~TD ~~Nl~ ]~CJ.~Y' 13, ~~4~ ~ Pale ~ -Page 72
S.IQu~ Docz~mein~sl0rdin~nces1~51D~A~5-O~a4.doc
ORDINANCE NO.
AN ORDNANCE THE CITY OF DENTON, TEAS, AMENDIl~C PORTIONS OF
SUBCHAPTER 1 ~ OF THE DENTON I]EVELOPMENT CODE PERTAININCr TO THB
SETBACK REQUIREMENTS OF SwIIVIMINO POOLS A.S ACCESSORY STRUCTURES;
PROIDINC FOR A PENALTY CLAUSE KITH A MA.IMUM AMOUNT OF ~,a~a.00
FOR OLAT~ON THEREOF; AND PROVIDING AN EFFECTIVE DATE ~DCA05-aDa4}
AREAS, pursuant to Ordinance No. 202-a4a the City Council of the City of Denton,
Texas adapted the Denton Development Code the "Development Code"}; and
WHEREAS, aver providing notice and aver conducting a public hewing as required by
law an Jul 1 aa5, the Planning and ~oning Canu.sslon recanunended approval of certain
chars es to Subchapters I ~,4.D al` the De~relapment Code pe~ta1n~ng to the setback requirements g
of swimming pools as accessory structures; and
WHEREAS, aver providing notice and aver conducting a public hearing as required by
law the Cit Council finds that the subject changes to the Development Code are consistent with
the Cvinprehens~ve Plan and are in the public interest; NOw THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I . The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. Subchapter 12.4.D of the Development Code is hereby amended to require
1. A swii~in oal on a lot with a single family han~e maybe constructed no Glaser than five gp
feet from an other buildings and structures an the same lat. A swinuning pool on a dot Y
with a single family han~e may be constructed na Glaser than three feet froin the side and rear
lot line and the swimming pool shall not encroach on an ease.ent. All other provisions of
subchapter 12 not inconsistent with this amendment shall remain in full force and effect
SECTION 3. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sung not exceeding 2,O~a,aa. Each. day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION If any section, subsection, paragraph, sentence, phrase ar word in this
ordinance, or application there of to any person or circumstance is held invalid by any court of
corripetent ~usdiction, such bolding shall not effect the validity of the remaining portions o~ this
ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted
such remaining portions despite any such invalidity.
SECTION This ordinance shall become effective fourteen X14} days from the date of
its passage, and the City secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of
Denton, Texas, within ten ~l a} days of its passage.
Lm
FAEI~ ~.ND AF'R~VE~] the the ~ dad of 205.
F~ULINF~ B~~C AYE.
ATTEST;
,IF~lIFER SALTERS, CITY F1CR~TARY
BY:
A~'PR~~I~ A T LAL FAR;
EDWIN NYDER, CITY ATT~R~TEY
BY:
i
Lm
AGENDA INFORMATION SHEET
AGENDA DATE: August 2, 2005 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Jim Coulter 349-8101
ACM: Kathy DuBose
SUBJECT
Consider adoption of an Ordinance accepting competitive bids by way of an Interlocal
Cooperative Purchasing Program Participation Agreement with the City of Hurst under Section
271.102 of the Local Government Code for the purchase of street slurry seal services; providing
for the expenditure of funds therefor; and providing an effective date (File 3385-Interlocal
Agreement for Street Slurry Seal Services with the City of Hurst, contract awarded to Viking
Construction, Inc. in the estimated amount of $150,000).
INTERLOCAL AGREEMENT INFORMATION
On March 24, 2004 the City of Hurst opened competitive bids for a street slurry seal
microsurfacing contract. Their Council awarded the contract on May 10, 2004. The bid was
awarded as an annual contract with four, one-year renewal options. The first option to renew
was agreed upon by both parties on February 17, 2005- reflecting a 4.6% increase in price due to
petroleum cost escalation. Approval of this item would allow the City of Denton to accept the
City of Hurst bids and award a contract to Viking Construction Inc., for street slurry seal
services. The prices received are very competitive and the services bid match our existing needs.
Section 791.025 of the Texas General Code provides that Local Governments may agree to
purchase goods and services through Interlocal Agreements.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
Council approved an Interlocal Agreement with the City of Hurst on October 16, 2001. A
contract with Viking Construction, Inc. was awarded at the same time.
RECOMMENDATION
Award a contract to Viking Construction, Inc. in the estimated amount of $150,000 based upon
the square yard prices listed on Exhibit A of the attached ordinance.
PRINCIPAL PLACE OF BUSINESS
Viking Construction, Inc.
Georgetown, TX
Agenda Information Sheet
August 2, 2005
Page 2
ESTIMATED SCHEDULE OF PROJECT
This contract will be used for various projects as needed by the Streets Department.
FISCAL INFORMATION
Funding for this agreement will follow the City of Denton's fiscal verification policy and will be
charged to the account number for the specific project.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Tabulation Sheet from City of Hurst
Attachment 2: Price Escalation Notice
1-AIS-File 3385
Attachment 1
BtD REF~~ryCE N0.6404 03
ITEM APPROX. : DES~RfP7'~ON UNl7 T4TpL
NO. QUANTITY PRJCE BEJ~
fi
1. 'f 00.080 SY Furnish and Instalt AspF~aft Sl~,rry ~eal~ ~
_ . Comple~s and In 'lace for the sum ofi: ~ ~ ~r~- app'
r
_ a L"~ _ Dollars
and ~~~~'1 ,i; ~v ~ Cents Rer SY $ ~ ~
'[(30.OE}Q SY FumisF~ and Instal! Microsurfacir~g.
. Corn{~le#e and! (n Place for~he sum r~: ~~`1C~~
and ~ Cents per SY~ $ ~ ~
~~'~C1N, ti~~-
~~szs
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G~OAG~T~WN, ~ 7~8
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u~~~~t: R~: ~n~u~ ~enel #~r ~ ~~r~r ~I & i~r~ ~rf~c~ng ~r~g~~n~
~a~ttinue ~ t~~ ~~~a~a ~n a nui b~~ w~h ~~dn~. f reel~~y be~~e ~ ~ ~~~r~~ a ~~v
~~~d~~ng p~i~e~ at this time,
rat ~~~t~~~~n~
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fax: ~ 5~~-~'~'~ ~4 ~ r ~ ~~1
~ ~ ~ Al
H~, Kevin. ~i~k~ur~~~i~g ~~~t l~k~~g ~on~t~uct~~n ~ r~nev~a~ le##~~ ~~~f~~ urr~ ~I ~re~t
~ur#~~~n~ P~o~m end fey resR~ itri ~ ~eq~e~t ~ ~,~~1~ ~i ~nar~~~~+ a ~he~~~d ~~th the ~u~a~ o~ for ~atis~ fay ~ir~ir prad~c t~ ~I~rry and ►
a~~i~ that p$#~~e~~ dad
pr~du~ ~n ~o~t, ~ a~e~~gef ~~~t ~ ~ I'1'1~n#~"~~,
~n~~ V~king'~ ~~~t 1~ tlr~ ~ R~~~en~~~~ ~v~ ~ ~~t ~~~ue~#~ ~ Y~~ ~~~f~~~.
iNh~t da y~au th~~"~ Olca~ t~ ~tir~~e ~t the ~~C~~a~ed c~~
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ORDINANCE N0.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL
COOPERATIVE PURCHASING PROGRAM PARTICIPATION AGREEMENT WITH THE
CITY OF HURST UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE FOR
THE PURCHASE OF STREET SLURRY SEAL SERVICES; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE
3385-INTERLOCAL AGREEMENT FOR STREET SLURRY SEAL SERVICES WITH THE
CITY OF HURST, CONTRACT AWARDED TO VIKING CONSTRUCTION, INC. IN THE
ESTIMATED AMOUNT OF $150,000).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee is hereby authorized to purchase street
slurry seal services in the estimated amount of $150,000 based upon the prices reflected on the
attached Exhibit A, from Viking Construction, Inc. under competitive bids received by the City
of Hurst in accordance with an Interlocal Cooperative Purchasing Program Participation
Agreement under Section 271.102 of the Local Government Code which is on file in the office
of the Purchasing Agent.
SECTION 2. The City Manager, or his designee is authorized to expend funds pursuant
to the agreement for the purchase of various goods and services.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2005.
EULINE BROOK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
3-ORD-File 3385
Exhibit A
Street Slurry Seal Services
Item # Description Unit Price
1 Furnish and Install Asphalt Slurry Seal $1.62/SY
Complete and In Place
2 Furnish and Install Microsurfacing $2.04/SY
Complete and In Place
AGENDA INFORMATION SHEET
AGENDA DATE: August 2, 2005
DEPARTMENT: Parks & Recreation
ACM: Howard Martin, Utilities 349-8232
SUBJECT
Consider a request for an exception to the Noise Ordinance for the purpose of the Christ
Fellowship of Denton Church to host an outdoor concert at the Denton County Courthouse lawn
on Sunday, August 7, 2005, from 7:00 p.m. to 9:00 p.m. The requestor is specifically asking for
an exception to allow amplified sound on Sunday.
BACKGROUND
This would be the church's first time to host an outdoor concert on the square. The concert will
consist of 10-12 musicians and will be performing for approximately one hour - 8:00 p.m. until
9:00 p.m. They will begin setting up equipment at 7:00 p.m. The anticipated attendance
listening to the Christian music should not be over 100. The event will be promoted by word of
mouth and by invitations to other churches.
The exception is requested in accordance to Ordinance No. 2001-265, Section 20-1, #4 General
Noise Violations: "The use of any stationary loudspeaker, amplifier, musical instrument, or
sound amplifying equipment in such a manner or with such volume so as to be clearly audible to
a person in their residence, and (2E} at any time on Sunday."
The surrounding area consists mainly of closed downtown businesses and the residents living in
apartments on the downtown square.
PRIOR ACTION/REVIEW (Council, Boards or Commissions)
None
FISCAL INFORMATION
None
EXHIBITS
1. Letter of Request from Chris Dunning
Respectfully Submitted:
Janet Fitzgerald, Director
Parks and Recreation Department
Prepared by:
Community Events Coordinator
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AGENDA INFORMATION SHEET
AGENDA DATE: August 2, 2005
DEPARTMENT: Utility Administration
ACM. Howard Martin
SUBJECT - SI05-0008 (City of Krum Aspen Park Subdivision ETJ Adjustment and Service
Area Designation and Transfer Agreement)
Hold a Public Hearing and consider approval of an ordinance approving the "Boundary
Adjustment Agreement" by and between the Cities of Denton and the Krum, Texas regarding a
release of 7.011 acres of Denton's extraterritorial jurisdiction to the City of Krum, Texas for the
Aspen Park Development. (P&Z approves 6-0).
Consider an ordinance approving a "Service Area Designation and Transfer Agreement" by and
between the City of Denton, Texas and the City of Krum, Texas, wherein the City of Denton
transfers and assigns all of its retail water and sewer service rights in and to the two tracts known
as Aspen Part Phase One and Aspen Park Phase two, to the City of Krum consisting of a total of
59.99 acres of land. (PUB approves transfer of service rights, 6-0).
BACKGROUND
Applicant: City of Denton Water/Wastewater Department Denton, TX
A developer of a 60-acre tract of land located on Hopkins Road, north of FM 1173 has requested
utility service from the City of Krum. The proposed development, known as Aspen Park, has a
preliminary plat approved by the City of Krum that includes a developer agreement requiring
action by the Cities of Denton and Krum.
The tract has approximately 52.979 acres inside Krum's ETJ and approximately 7.011 acres
within Denton's ETJ. The entire 59.99-acre tract is within the City of Denton's Water and
Wastewater Certificate of Convenience and Necessity (CCN). The developer's agent, Kirk
Wilson, has requested that the City of Denton release the 7.011-acre area of the proposed
development to allow Krum to annex the entire tract, as well as execute a Transfer of Sale and
Merger (TSM) for Denton's water and wastewater CCN.
The City of Krum has agreed to accept the property as part of its ETJ and plans to annex the 60-
acre tract if the 7-acre portion of ETJ is released by the City of Denton.
The City of Krum had originally wanted to obtain the retail water and wastewater service rights
to the entire area within their ETJ that was agreed to and designated as the future city limit line
between Denton and Krum (City of Denton Ordinance 2001-318 and City of Krum Ordinance
2001-11). Denton's Utility staff was agreeable to this but also desired to adjust ETJ boundaries
to avoid the splitting of large undeveloped tracts of land between the two cities. However, a
1
proposal brought forward to the Denton City Council work session on March 1, 2005 was
rejected since it resulted in a net 176 acre loss of Denton's ETJ. In an effort to help expedite the
developer's ability to move forward with their project, staff was directed to process the Aspen
Park ETJ and CCN request while a revised ETJ agreement that did not result in a net loss of
Denton's ETJ could be worked out with Krum.
The City of Krum and the developer had originally requested that the CCN issue be handled by a
Transfer of Sale and Merger agreement. This would require the actual transfer of Denton's water
and wastewater CCN for the 59.99 acre Aspen Park development from Denton to Krum. This
transfer agreement would be processed by the TCEQ and could involve a public hearing process
if it was protested by another entity. As an alternative, it was later suggested that a Service Area
Designation and Transfer Agreement under section 13.248 and 13.301 of the Texas Water Code
would be a preferred approach. This agreement it did not formally transfer Denton's CCN and
was merely and agreement between the two cities that allowed Krum to provide retail water and
wastewater services within their city limits for this particular tract located within Denton's water
and wastewater CCN. The agreement is conditioned upon Krum's annexation of the 59.99 acre
tract and since it does not remove this area from Denton's CCN, the timeline to process this with
the TCEQ is minimal.
The Aspen Park ETJ and CCN request was approved by the PUB on March 28, 2005 and the
P&Z on April 27, 2005.
PRIOR ACTION/REVIEW
January 24, 2005 Public Utilities Board Meeting
March 1, 2005 City Council Work Session
March 28, 2005 Public Utilities Board Meeting
April 27, 2005 Planning and Zoning Commission Public Hearing
OPTIONS
1. Approve as submitted.
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDATION
The Public Utilities Board recommends approval (6-0, Board member Hopkins abstained to due
possible conflict of interest).
The Planning and Zoning Commission recommends approval (6-0, Commissioner Holt absent).
2
ESTIMATED PROJECT SCHEDULE
NA
ATTACHMENTS
1. Staff Analysis
2. Location Map
3. Aspen Park Development agreement and action request
4. Boundary Adjustment Agreement
5. Service Area and Transfer Designation Agreement
6. Public Utilities Board meeting minutes, March 28, 2005
7. Planning and Zoning Commission meeting minutes, April 27, 2005
8. Boundary Adjustment Ordinance
9. Service Area and Transfer Agreement Ordinance
Prepared by:
' s
• ~ ~ ~ ~ ~ ~r
I •r r I 'f i Y .d
• f ~ 5 4 I
Tim Fisher, P.E.
Assistant Director of ~Uater Utilities
Respectfully submitted: f,
v ` ]
.f I _h. tC
Jim Coulter Director of ~Uater/Wastewater Utilities
3
ATTACHMENT 1
Staff Analysis
Summa , of Request
Kirk Wilson, agent for the Aspen Park development, has requested that the City of Denton
release 7.011-acres of the proposed development to allow Krum to annex a 59.99-acre tract
owned by the developer and as well as execute a Transfer of Sale Merger (TSM) for Denton's
water and wastewater CCN.
Analysis and Findings
Staff brought this issue to the attention of the PUB on January 24, 2005 and to the City Council
on March 1, 2005 along with a proposal to make similar adjustments for all of the other large
undeveloped tracts of land that had similar multi jurisdictional issues that currently exist in the
Denton -Krum ETJ boundary agreement. Some of the City Council members had reservations
about the potential loss of 176 acres of Denton's existing ETJ to the City of Krum. In addition,
the consensus of the PUB was that the City of Denton should consider receiving compensation
for the loss of the City's CCN to Krum (totaling approximately 1,576 acres}. Since these
concerns were raised, staff requested support from the City Council to bring the Aspen Park
request forward to allow the City of Krum and the developer to move forward with this project
while the City of Denton and Krum further evaluated the ETJ and CCN proposal discussed at the
January 24 and March 1 meetings. At the March 1 meeting, the City Council directed staff to
move forward with the ETJ release request from the Aspen Park Development.
The Public Utilities Board recommended approval (6-0) of releasing the 59.99-acre CCN but did
not feel they had authority to recommend ETJ boundary adjustments to the City Council. The
PUB also continued to express their desire for staff to take a holistic approach to the boundaries
of the Denton-Krum ETJ to achieve adjustments that eliminated or minimized the splitting of
undeveloped tracts of land and resulted in no net loss of Denton's ETJ. The March 28, 2005
PUB agenda item and meeting minutes are included in the attachments.
The Planning and Zoning Commission recommended approval (6-0) of releasing the 7.011 acres
of Denton's ETJ. The April 27, 2005 Planning and Zoning meeting minutes are included in the
attachments.
Denton will still provide wholesale water and wastewater service to the development under this
proposal and the 7-acre ETJ area, if retained, would have marginal development potential for
Denton for the foreseeable future. Staff has investigated the issue of seeking compensation for
the loss of Denton's CCN to Krum, but does not recommend this for the following reasons:
1. The water CCN is dually certified.
2. Discussions with individuals closing following the pending CCN legislative bills in Austin
would suggest this action may not be advisable for City's to pursue at this particular time.
3. Denton will be better able to provide wastewater to this area at this time through Krum's
wastewater collection system and Denton's current wholesale wastewater services contract
will enable the City of Denton to receive wastewater impact fees and wholesale wastewater
revenues.
4
Staff Recommendation
Based on the above findings, staff recommends approval to release 7.011 acres of Denton's
extraterritorial jurisdiction (ETJ) to the City of Krum for the Aspen Park Development. Staff
also recommends approval to execute the Service Area Designation and Transfer Agreement to
allow the City of Krum to provide retail water and wastewater service to the 59.99 acre Aspen Park development, pending annexation by the City of Krum.
5
■m~r~im:
r=~
ATTACHMENT 3
Developer Agreement between Aspen Park and Krum and Requested TSM
~ ~
G00 forth Pearl Street, Suite 911
~~llas, Teas 752~~
.voice. 469.S1i7.41 G~
.faci~a~~e. 944.387.7957
eat: it 4a ~~con~
December , 20[
Tim ~~sher, Asst. Director water Utilities DNi~A
pity of Denton
7 A Texas Street
Denton, Texas 709
Aspen Park, ~run~ "J Project
Dear r. fisher:
Pursuant to our phone con~rersation on December 1 this letter is sent to you
As you know, Aspen Park is a proposed subdivision that consists of a~proxi~nately
preliminary platted dots in the ETJ of lru, Texas on Hopkins Road. An additional S
acres lie within Denton E'TJ. The total property is approximately ~7 acres in total land
area.
All of the 7 acres are contained iu the certificated area for water and wastewater service
far the City of Denton and Dual certification for water to Bolivar V~ater upp~y Corporation.
"Development Agreement" has been executed by the City of l~run~ and Aspen Park
Limted. both parties harre agreed to the foXlowin~
The it~r of Krum would provide 'dater and 'astewter Retail service to
Aspen Park.
Aspen Park would be annexed into the City Boundaries of ~rurn, Teas after
ail relevant tasks have been accomplished.
The Aspen Park Plat would be approved s negotiated,
Aspen Park would request an I~TJ release of its S acres on the east from the
City of Denton to the City of ~run~ so as to make Aspen Park a wholly
contained subdivision within the drum area.
~ write you this fetter to clarify our request fxorn the City of Denton at this tune.
EXHIBIT3
Aspen Park requests,
The City of Denton grant relief of the petition submitted by the City of ~rurn
on behalf of Aspen Park Limited that requests the release of ~T'J of its
appraximately S acres on the fast edge of the tract as described in the petition
filed in November} ~~04 with the pity of Denton.
The City of Denton agree to execute a "Transfer of Sale and verger" {T~~
of its water and wastewater CCN's to the Clty of rurr~, Texas. since the area
is dually certified for water with Bolivar and solely certified for wastewater to
Denton, the TSB the simplest and quickest way far us to obtain rights far
the City of drum to sere Aspen Park. This is a simple process that requires
bath parties to execute and theca fide it with TC~. TCE usually processes
TII~'s within 60 to 9~} days. e request that your Utility hoard authorize
wl~iche~er anthori~ed Pa~Y to execute a T to ~rar~sfer the rnetes anal hounds -
legal description area of Aspen Park to the City of rum. Vie will have the
City of drum execute it and it will be filed by ~run~ ~vith the TCE. e wild
provi de the document if you need us to provide.
e would request that our TIC process start as soon as possible so as to allow the tuner
at TCE to run efficiently for our de~relopment,
As you 1~naw, the City planning department has reco~.~nended approval of bath of our
requests as of Na~'ember ~~a4. You may consult Larry ~eichart far that consent
authorization.
Thank you for your tirr~e on this matter and please advise nee as to timing on the T
execution issue as soon as possible.
Sincerely,
f e
~~rk t~son
i
~L F
+y ~ ~ I - ~ i ; s
A►g~reee~~
This Aeerrient reen~ent"~ ~ entered into among tho it of ruin, Texas ~"ruin"}, and
Aspen Park, ltd. ~"Deve~a er"} ~indi~idua~~y a "far and ~o~~ecti~e~y e "~a~ 'f} ~a ~e effective ~ ~ .
the "effective Date"} the bath day of September, ~aa4.
'4~~A, r~.rr~ is a Texas general ~a~r municipa~ity~ and .
Developer is a Texas limited partnership} and~RA., De~e~oper is the owner of
approxirnately 5~.~~ acres of land located in Denton o~nty,Texas and described on the attached ~ . 4
exhibit ~ and carnonly known as Aspen Parr Phase one the f'~ TJ Drape"}; and
~~~A, the ~ ETJ Propert~r is located wholly within the extxaterritarial~ urisdietion ~"E~`J"}
of gym; and ~ .
~~1~A, Developer i~ the owner of appraxi~nate~~ 7.a ~ ~ acres afland located inDen~ton our~ty,~
Texas, and described on the attached exhibit B and cornaly khan as Aspen Park Phasc T~vo ~the
"Denton ~TJ Drape"} and ca~llectively, with the ~ ~TJ Property, the "Pro e and ~ -
'~A, the Denton ETA Property is located wholly w'~thin the ~TJ of Denton; and .
'HERA, the Property is within dual certification area covered by pity ofDenton ~"Denton'"~ .
grater certificate of convenience and necessity and Bolivar V~Tater Supply ~or~oratian
water Chi; and
'~~~A, the Propey is covered by a Denton sewer CCU; and
~IB~AS, the ~ TJ Property i covered by that certain preliminary plat prepared by Greg
Edwards ~ng~neering ervices, Inc. ~'f GCE ifs that vas Filed vii#h ~.ru.n~ on Niay ~aa~ and that
was approved by.the City ounci~ o forum on day 1 2~0~ the " roved Phase one Prelirnin
~Piat'"~ arld
H~~AS, GABS, an behalfofDevelop~r, filed with .rum a new preliminary plat on the drum -
BTJProperty anAugust ~ , ~aa~ the 'f~ev~ Phase Gne Prelii~ina Plat"~ }and
~E~A, u on fit a royal of the blew Preliminary Plat, De~reloper shall v~ithdraw the P pp
Approved Phase Gne Preliminary Plat; and
~~,A, De~velaper puns to #~ile a preliminary plat application an the Denton ~T~ Property the
"Phase Tiro Preliina Plat"} with ~rutri upon Dcnton's release and dun's acceptance of such
prape~
~c~~~~~r, ~a~~ ~ H:1,D~CS1Marg~V~n~m1IC~:un Aa e~m~nt1.W~D (Scgtember 21, ~~4~
` j
Y ► ~ ~
w~~EA, dim would like to provide retail water and sewer service t~ the Prapert~; and -
w.EREA~, the Parties desire to settle their disputes wrt~ respect to the r~gl~ts afro to regulate
the Propert~r and provide water and sewer service far the development of the Property; and
wI~A, the Parties further desire, as part of such sett~en~ent, to agree upon tie standards by - ~ ~ ~ .
which the Pro ert wi11 be develo ed and the pracess by which the Property will be annexed into , p p
the oorparate limits of mum.
T~~~F~R~, 1n conslderat~on for the mutual pron~~ses of the Parties set forth 1n this - s
~gree~nent and far other goad and valuable cansideratian the receipt and adequacy of which axe
acknawledged~ the Parties agree as follows:
water and ewer service, ruin agrees to pursue a Transfer ofale aid Merger agreement
~a "'T ~ en~ent~'~ with Dorton for both water and sewer service on the Property within ~ ~ days i
afapproval of this ~gxeen~ent; Developer agrees to support the TAM ~green~ent by petition to the
City a Denton,
Applicable eg~lat~on. The Property shall be developed 1n accordance with the following .
regulations collectively, the "A 1lcable R ulatians":
~a~ the New Phase one Preliminary flat and the proposed Phase Two Prli.inary Plat; .
and
fib} the fallowing international caries adopted. by ordinance of the City Council and
unifoa~nly applied tl~raughaut the corporate limits of rung: ~~40 ~nternationa~ -
Puilding Coded 2~aa hite~natianal Plumbing Coded ~~a0 international Mechanical.
Code; 2~a~ International Fuel Cos Code; ~nternatianal energy Conservation
Code; a0~ International residential Code; Oaa international Cade Council, a~0
International honing Code,International Cade Council ~lectrteal Code, rnternat~ona~
Property Maintenance Code, ~~04 ~nternatianal dire Cade; and
~c} ~rn ubdi~vision ordinance ~Io. ~-a~, s amended and as in effect an May .
~00~, approved by the City Council 1V[ay ~,1995~ and
d exce t as otherwise ravided by this A~green~ent, P-4 residential zoning regulations p ~
ofrun~ honing ordinance ~o,31S approved by the City Council on p`ebruary 4,
1997, a amended and as in effect an May , 2~~~, ~the'{~onin ordinance"~ shall
apPlY to development of the Prapert~, ~n the event of any conflict or inconsistency
'betweenthe foregoing P-4 residential caning regulations and this Agreement, this
A.greerrxent shall control; .
~GREEMEI~T, PEE ~ . ~:ID~CSIMargel~n~c+1~Cn~n~Agreeme~ttl.V,~PD (September 2~, ~~i}4~ .
~ 4 +r
~e~ tap fees are e~cl~.ded from #his agreement; tap fees will be subject to the fees at the
tune that each building permit is issued. _
notwithstanding anything to the contrary contained in the bove~referenced sections, .
the following regulations shall apply to the development of the Property: ~ ~ ~ the ~ _ .
rnir~irnum lot area shall be ~,SOO square feet; the rrrinirnurr~ lot width ~n~eauzed . .
at the building Iine~ shall be ~0 feet; the minimum front yard setback shall be ~S ,
feet; ~4} the ~nlmurn side yard setback shall be six feet; the rnir~imu~n rear yard ~ .
setback shall be ten feet; {b~ the n~inirnurn house sire shall be 1,5~o square feet, . ~ ~ ,
except percent of all hornes~rnay be between ~,~0 and square feet and ~0 ~ .
percent of ail homes must be l,~~o square feet or more; the n~axiuzn building
coverage shall be 5~°Io plus an additional ~ °I~ coverage for accessory buildings such
as garages, carports, and storage buildings; ~S} masonry construction which shall
include only bricl~, stucco and stone, shall be required on 7°I~ ofthe f rst level of
each home; the rna~i~rlu road width shall be ~ ~ feet face to curb tv face to curb;
the rna~in~um right-af-way width fir all internal roads shall be 5 o feet; and ~ ~ 1 ~
the ma~irrau~n right~of way width for the entrance and the roadway over the food
plain Orland drainage area shall be ~D feet.
~g~ Developer agrees and stipulates that the Developer shall obtain all necessary
approvals of the roadway crossing over the hood plain from the Corp o engineers ~ ,
prior to any approval ofthe Fi~aal plat for the properly. laid approval is a condition - .
precedent for the approval of the Final plat,
. T~ Tra~.sfer. Developer agrees to petitionDenton to release from Denton's ~T~ the Denton
~T~ Property to ~run~'s ~T~. x~rn agrees to support Developer's petition with a resolution
con#~~rrning that if Denton reXeases the Denton TJ Propert~r ~rorn Denton's TJ that xurn will
include the Denton ~T~ Property in ms's T~. Developer must petition the qty ofDenton within
45 days of approval of this agreerr~ent,
Nom. 1~ny notice required or contemplated to be given under this Agreement shall be j .
given in writing and may be given either by depositing the notice in the United states rr~ail postage
prepaid, registered ar certi~~ed mail, with return receipt requested; by delivering the notice using a
private delivery service that provides evidence of delivery such as Fed~x or UPS. Notice
deposited by n~ii in the foregoing manner shah be effective three says aver the day on which it xs
deposited. Notice given by private delivery service shall be effective when delivered. For purposes
o f notice, the addresses of the parties shall b e a follows:
AGR~EIVI~Nr, FAGS 3
H:I.DO~SI1vta.rgelKrumllCr~m~Agreeme~ti.W~D [September 21, Z~(~~ .
f+ i - 1
such perfornr~ance is assumed Assignees} and ~c} a copy of the written agreement be#~reen
Developer and Assignee is given to run. ~ .
1~1C~1n ~1~ This Agreement ~ a ~~d~ve~o ment a cement" beeen Develo er and ~ p
~ pursuan# to the authority of ection ~ 7 ~ e~. seq. of the Texas Loc al Government bode;
and as such, shall canttnue for a rnaxi~nun~ term of ~ ~ years ~sub~ ect to renewal b mutual a eenaent
of~ru and ~eve~oper}and shall ~e recorded xn the deed ecord afDenton aunty,Texas. This
Agreement, when recorded, shall constitute a covenant running with the Property and shall be ~ -
binding upon Developer and the Assignees pen~,itted by this Agreement. This gree~ne~at is not,
however, binding on, and does not create any encumbrance to title as to, an end-bu er of a full ~ ~ -
Y ~ developed lit within the Property except for the Applicable ~egulatians that sha~~ continue to apply
to such lots}.
De,~t. hlo Party shall be default under this Agreement until written notice of such
part~r's alleged fa~luxe to perform has been' given to all Parties ~~nclud~ng a detailed description of
the alleged failure} and until such Party has had a reasonable opportunity to cure the alleged failure
~tal~xng into consideration the nature and extent of the alleged failure, but in no event less than 3~
days after the notice is given}. ~f Party is in default under this Agreement, the exclusive remedies
oftheaon-defaulting Parties shall be injunctive relief, mandamus, or specilic performance,
~ Petition for Annexation. This Agreement, when fully executed by the Parties, shall constitute
a petition by Developer requesting annexation ofthe ~ T~ Property into tie corporate 1im.its
of~.rum. within ~4 days aver Den#on's release ofthe Denton ~TJ Praper~r from Denton's ETA and -
rurn's acceptance ofthe Denton ~TJ Properly into ~rurn's ~T~, Dcvelo er shad flie a etition with p p
xum requesting annexation ofthe Denton ~T~ Propert~r. each such pe~xtion i upon the condition
that, and with the agree~.ent of Krum that, ~a} ~xurn will follow all of the re uiren~ents of ha ter . ~ p
4~ of the Texas ~,ocal overnrnent bode that are applicable to annexations including, but not
limited ta, the requirements for public hearings and the requirement for the adoption ofa service plan
for the annexed area that incorporates, by reference, this Agreement, and ~ from and aver the
effective date ofthe annexation, development afthe Property shall continue to.be controlled by this -
Agreement. ~n the event of any conflict between this Agreement and an other ordinances
resolutions, codes, rules, regulations, standards, policies, guidelines, or other requirements of any
bind adapted, enacted, or otherwise sought to be enforced by ~ after annexation, then this
Agreement shall control.
1 everabilit . ~f an~r provision of this Agreement is judicially declared invalid or
unenforceable, such provision shall be deemed severed from this ,Agreement, and the remaining
portions of this Agreement shall remain in effect.
~ 1~ut~arity to Act. The parties the arty and Developer} each represent and warrant that the
signatories an this Agreement are authorised to execute this Agreement and bind his~her principals
AG~E~M~~CT, ~'AG~ ~ H.1DO~~IMa~g~lKrumlKrum~Agree~entl,WPB (cptem~er Z1, 2~04~
i +
{ ;
t~ the ter~as and. prov~s~on~ hereof. each pare v~arrants that and act~o~ re~uir~d. to he ta~Cer~ order
for this Areer~er~t to ~e b~n~~a on ~t has beep u~~ a~~ ~ro~erl~ taer~ r~ar~o the e~ecutior~ ofth~s
Aeeent.
The Cir o f Kam, Texas . .
- . -
y: , ~au~ arras
- Title+ a~ror
Date: ~ ~ .
Asper Park,
Texas ~~na~ted partnership
Akan ~iah~in
T~t~e: residet
Date: ~e~tember 2a04
STATE T~-~. ~
D~ D~ - -
ads of Se ten~bex a~4 b ~ntruer~tva~ c~o~rlede~ before e ors this ~ y p ~
of The C~t~ aft, Texs~
~ .
Notary Pnb~ic end far the State of Texas
TATS T~ §
Ot~~
T1~ ~~trur~ent was ack~o~v~ede~ beore.r~e this dad of epte~nber, ~a44, b~ ~1 -
~ch~zr~, ~re~ide~t of Aspen park, i~~, a Texas liter panersh~p, on behalf of said. partnership.
Notary Pu~l~ aid forth State of Teas
NOTARY PU~L1G
TATS ~F ~'~XA ~~~r~ o~ ~y comm. . ~~-~~-2~~~
~.GREIV~~NT~ PAGE ~
H:IDOCS11tir~argclKrwmll~wn Agrcern~~i~.'~3'D ~Scp~cmbcr 2~, 2444]
w . ~ , y
E~h1b~t A
l~e~ri~~ion off` tine drum ~~'J ~~ropey_
A,GR~EIu~~~T, ~PAE 7 ~:1DOCS1Mar~e~ICxurn1I4.~um Agreem~ntl.WPD ~Se~~ember ~ 1, ~OD4]
~ a
t r r
x1 1 ,~,1~~ ~1 ~ ~ ~ i
F~EL.D N~T~~ to all that certain tract lard situated iii the ~~N I~~~I~
~V~~', ~.hstract No. 44~ ire Denton oui~t~, ~e~s being a art of ~ calked 1 ~a ~ .
acre tract of land dec~~~ed ~n the deed frotr~ Cosa ~o .k~ns, et al to ~rcd o ki a r ~ ~ ~ ~ -
recorded ~n o~ume G54, Page G~ G of the Deed records of Den~an Count Texa. Ys s~ the
su~~ect tract ~e~ng more par~~cn~arl~r descried f~~~ows:
at a ~Od nai~~ found for the N~~`t~~~rest cor~~e~• of sa~~ tract at the ~outhv~r ~ . est
corner of a called 7a. ~ 54 acre tract descried in tl~e deed to Sena ~r~cl~son as recorded
~olurne G~4, gage ~4 afraid ~3eed records ofl~enton Count Texas` Y~
youth S8 degrees 4 minutes 4~ seconds fast Frith the outl~ line thereof and
the forth line ofsa~d ~~a acre tract a distance of~G33.~ feet to the northeast corner of
the herein d.escrib-ed tract, in a line sepal-acing tl~c current ~tr~.yTerritorial Jurisdictions of
the Cit~r of~run~ and the City ~fDentan;
T~ENC~ youth ~D degrees 27 ~ni~~utes 5a seconds eat ~ritl~ said ~T~ line distance of
57.~~' to the Southeast corner of t~~e herci~~ described t~~~,ct;
T~C~ North 88 degrees ~ n~1l~ute5 44 seC~ndS hest distance of~b~.~9 feet to a
~Od nail found in the ''cst line of said ~ aerie t1'aCt; ,
T~~C~ ~Iarth 0~ degrees 3 minutes~~4 seconds fast ~ritl~ tl~e hest line thereof a
distance of ~~~.85 feet to tl~e ~'~.C~ and er~clos~ng acres of
hand, ~~ore or less.
~
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~~~l=,D TE to all ~tha# certain #ract of ~ ~ . a~~d s~t~ated ~n tlae J~~ ~ IB~~NS -
stract ~o~ ~4 ~n Denton F o~lnt~, Texas being , part ofa called ~~o . .
acre tract land described in the deed fron~ Rosa ~ f• opl~ll]~, et fired ~0 ~1i75 as
recorded i~l ~olue X54, ~'a~e ~ ~ of ~ ~ the ~7eed records of~]enton out~t Texas} . .
subject tract ~e~n more a ' ,the p rtlcu~ar~ described as fo~lvvrrs:
BfNNfN'~x at a mood fen ce post fond fog the ~ol~the~~t corner of said tract at t~~e ~ . -
~orth~vest corner of a called 5~,~~ acre tract of land d _ escr~bed to the deed to banal
green as recorded In ~olulne Page of the ~ . ~ Real P. opert~ records of ~]e~tto~~
ount~, Texas, the ~~th ~lne ova ca~~ed 7~. ~ 4 acre tr~.ct of land described in the
deed to Sena ~r~c~son as recorded xrl ~ollln~e ~ . 54, Fame G~ of said deed records;
T~~ South o0 degrees ~nin~tes I~ seconds Vest ~vltll the fast l~r~e ofsald 1 ~a
acre tract ar~d the hest line ofsaid So,o~ acre tact alor~~ or ~zear ` a fe~~ce a distance of
~?.I feet to a I capped iron rod found for corner
or~h S8 degrees ~5 1~]~nL1teS ~4 secol~d~ hest a d~ stance of~~4,S~ feet to the
Southwest corner ofthe herein described tract ~n a line se ' parat~ng the c~lrrent ~xtra~
Terrltor~al ~ur~sdlctlons ofthe qty of~rum a~~d the ~t ofDe ~ . . Y nton,
TAN earth a0 degrees 7 rr~~r~~~tes ~ seconds fast ~v~th paid . TJ ~~ne a distance o~F
~75.~8 feet to the ~orth~est corner oftlxe herein descr~hed tract in the , ~crth line ofsa~d
I2~ a.cre tract, ~n the youth tine of a said 70. ~ acre tract'
T~~ youth 8~ degrees 45 ~n~nutes 4~ seco~~ds fast with tl~e i . o~ th line thereof and
the forth line of said ~~a acre tract a des#ance of 3 5~. S feet to tl ~e PLA 0~
~~~.I~~ and enclosil~ 7.a~ ~ acres of lat~d rnore or les . s
These Meld dotes were re ared from an o,~_ . . P ~ the roul~d s~~r~ey per~`orled under my .
dll'ectlon and s~per~~slon - i~~-.
~ ~
. T hang so r~ ~ ~ ~ ~ ~ p o~ ~~57 date
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H:1D~CS1Mar~ekKruml~~», dv,rrr~mpntt win ~C~„t~ml.~r'}n ~~nd~
y no- - «rvra.r vv wu aVyi 4w y} rvv r~
P~TIT~1~ AND RAT ~~R T ~ Fly TTY
~T~ATE1t~IT~Ri~L ~~]~TIN T ~~T~ ~ D~T~
whereas, the undersigned i the av~ner of that certain tract ~ iand ~n Denton bounty}
Texas, more particularly described on the attached Exhibit ~ the "Pro e
~ercas, the P~operty_ is currently within the extraterritar%al jurisdiction ~"E of the pity
a~ ~nt~~ Texas
~?Vhereas,Denton's ~TJ nay not be reduced. unless Dentan's o~ernan body gives its written
consent by ordinance or resolution; and
'he~ea~s, the undersigned petitions and requests the Property be released tom ~enton's TJ
and included Within. the ~TJ of the pity ~af Texas ~"mum"};
N~ T~I~F~RE, the undersigned. .
bequests th-ty council o~~enton to adapt such ordinance ~r resolution, required by
Texas l~oc~ Covern~nentt bode ~,~~3, to release the Property from ~enton's ETA, e~Tective as of
the earliest date ee~.ed legally pensible.
Agrees that copies o~ this Petition and Regr~est nay be filed of regard the Real Property
Records of~enton bounty, Texas, in the.o'ic~e ofthe ount~ Judge o~~]enton bounty, Texas, and ~4
the city oes o~ ~entan; #~at any true and c~arrect cop~r o~ this ~etltion and Request shall be
effective as an ariginai; and that the original or any legible copy of this Petition and Request shall be
notice to and binding. upon all persons or entities nor or hereafter having any interest .the Property.
~x~cuted to be efecti~e on e ~ day o~ October, ~~a4~
Texas limited partnership
t
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~~L• ~ f
Title:
014815.00010:867129.02
1 ~
'~h~s ups e t via c o* ~e ~d before on ~~tobe~ - _
? ~ ~ i
N
No#y Pubic ~ aid fog tae of ~'exa
iti,,,~rr~rt, ►
; i • ~ ~ ~ Y f . , • = Notary P~biic, State of Tex
My Commission ~Cp. ~~-11.2~Q8
r'►~
014815.00010:867129.02
~~i~
a~ ~~cri~~~~~ a~ #~e e~ ~T~ ~~oper~
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U14K l,.UUU IU:156l iZ9-UZ
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~.o~ ~ ~ T.rK ~T
. ~N ~ ~T~ TAE ~~TY ~ ~~T~V
~~~L~ ~~T~ to ail .th~.t certait~ tract of Iar~d situ
aced ~ rr t~~e . Cr3~ ~ ~R~E~, ~bst~~.ct o. ~~6 in Denton out~t Texa r
S a beln ~ part Calked . . a~fe track ~ar~d ~escr~~d ~n the deed from Cosa ~ ~~t~s
. p , et a to Fred op~~r~ s recorded ~r~ '~olt~e 54, a~ ~3 of the Deed Records ofDen - . -
ton or*int~, Texas; the suh~e~t tract hero rr~orc particu~ar~ described as fo~iov~s:
Y
~NI -at o~d fence o 4 ~ st found fo, the ~o~~hcast corner of said tract at the ~ .
Iorthu~est corner of ~ c~~~ed So.~~ acre tract of land describe ,
d ~n the deed to Donal green as recvrdd in '~olu~ne 4f , P~ e ?4 of the el Pro .
pert Records of De~~ton our~ty, Teas, ~n the youth line of called 7~. ~ ~4 acre tract
of land described ~n the deed to e~na L. ~riclsson as recorded ~n '~olr~n~e b~~ Page .
G~5 ~f said Deed Records;
T~~ youth degrees S minutes ~4 seco~~ds ~ ~ .
hest ~u~t~~ the fast erne ofsa~d ~ 2~ acre tract and the'Lest dine of said ~o.OD acre tact, along or r~e~,r a fence a distane - .
~7. ~ f - ~ ~ e of eet to ~ I capped iron rod f~~nd for corner;
TH~N~ forth 8 degrees 45 ~~~it~utes 44 Seco~~ds hest distance a~`~~4.~~
eet to tl~e Southwest corner ofthe herein described tract, ~n ~ line se r~:tit~ the current
Kt~~.~- Terr~tor~al Jurisdictions of the ~t~ off' Krum ar~d tl~e its of Denton .
TAN ~Vortl~ ~0 deg~ces 27 minutes So Seconds fast Frith said ~T~ lrne a
stance of 875.8 feet to the ~orth~est corner oftl~e herern described tract ~n the forth ~tnc f '
~ , ~ said ~ ~ acre tract, ~n the 8out~ Irne ~f~a said 7~. ~S4 acre tract; - .
T South degrees 45 minutes 44 seco~~ds fast Frith the South dine thereof
end the forth line of said acre tract a distance of ~ 5~, ~ feet to the .PEA ~F
B~x.~~Ir and enclosing 7.~~ ~ acres o~ lard, rncre or less.
These Field dates mere prepared from an o«-tl~e~aro~r~d curve erfor~r~ed under
d~rect~or~ and S~pe~v~s~on o~ ~~y~.
~ ~
~ ~
_ Tho~"npson i~ . ~o. ~~5~ ~a.tc
..siort~w~#~c~ `
~ 4~ ti ~a
ti~oV %WL J
N.i l Jobs\ 004W400411040041-ETJ.doc
En: ~~pen ~rk~Pra~ e~~ed ~~~a~ Tie~~ne
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ATTACHMENT 4
BOUNDARY ADJUSTMENT AGREEMENT
THIS AGREEMENT is made and entered into by and between the CITY OF
DENTON, TEXAS, hereinafter referred to as "Denton", and the CITY OF KRUM, TEXAS,
hereinafter referred to as "Krum".
WHEREAS, Krum has heretofore annexed or intends to annex certain real property into
its city limits that is within Denton's extraterritorial jurisdiction ("ETJ"), which property is
particularly described in Exhibit "A" attached hereto and made a part hereof by reference and
depicted in Exhibit "B" attached hereto and made a part hereof by reference (called the
"Property"); and
WHEREAS, Denton desires to release to Krum all of its rights in and to its ETJ in the
Property and to consent to Krum's annexation of the Property; and
WHEREAS, Denton and Krum desire to establish a future mutual city limit boundary
between the two cities that was agreed to by both parties in the City of Krum Ordinance No.
2001-11 and in the City of Denton Ordinance No. 2001-318 with the inclusion of the 7 acre tract
described in Exhibit "A". The revised boundary is depicted in Exhibit "C" attached hereto and
made a part hereof by reference (called the "Future Mutual Boundary"}; and
WHEREAS, the governing bodies of Denton and Krum end that such Future Mutual
Boundary is in the public interest.
NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and
promises expressed herein, Denton and Krum agree as follows:
SECTION I.
Release of ETJ
C:IDOCUME~lltywi11ia1LOCALS~llTemplBoundary Adjustment Agreement_l.doc
Page 1
Denton hereby releases and relinquishes all of its ETJ rights in and to the Property to
Krum and consents to Krum's annexation of the Property, whether or not such annexation has
occurred prior to the date of this agreement, consents to Krum's annexation of the Property. It is
expressly agreed that this waiver and release shall only operate in favor Krum, and shall not
constitute a waiver or release of any right, including ETJ rights, which Denton may be able to
assert against another municipality. In addition, if Krum does not complete the annexation of the
Property within one year of the date of this Agreement this waiver and release shall be null and
void and of no further force and effect.
SECTION II.
Future Mutual Boundary
Denton and Krum hereby agree that their Future Mutual Boundary shall be as described
in Exhibit C and depicted in Exhibit D. In this regard each waives, releases and relinquishes its
ETJ rights to the other with respect to the side of the Future Mutual Boundary that is located in
the other city's future territory as described and depicted on Exhibit C and D. It is expressly
agreed that this waiver and release shall only operate in favor of Denton and Krum, and shall not
constitute a waiver or release of any right, including ETJ rights, which Denton or Krum maybe
able to assert against another municipality.
SECTION III.
Severability
Should any provision of this Agreement be declared void by a court of competent
jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect.
C:IDOCUME~lltywi11ia1LOCALS~llTemplBoundary Adjustment Agreement_l.doc
Page 2
SECTION VII.
Approval by Governing Bodies
Denton and Krum represent to each other that their respective governing bodies have
approved this Agreement by ordinance or resolution as set forth below.
SIGNED this day of , 2005.
CITY OF DENTON, TEXAS
BY:
EULINE BROOK, MAYOR
ATTEST:
JENNIFER VUALTERS, CITY SECRETARY
BY:
APPROVED AS TO FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
APPROVED BY DENTON ORDINANCE N0.
CITY OF KRUM, TEXAS
BY:
MAYOR
ATTEST:
BY:
C:IDOCUME~lltywi11ia1LOCALS~llTemplBoundary Adjustment Agreement_l.doc
Page 3
CITY SECRETARY
APPROVED AS TO FORM:
BY:
PATRICK WRIGHT
CITY ATTORNEY
APPROVED BY KRUM ORDINANCE N0.
C:IDOCUME~lltywi11ia1LOCALS~llTemplBoundary Adjustment Agreement_l.doc
Page 4
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me this day of , 2001, by
EULINE BROOK, Mayor of the CITY OF DENTON, TEXAS, ahome-rule municipal
corporation, on behalf of said municipal corporation.
Notary Public in and for the
State of Texas
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me this day of , 2001, by
,Mayor of the CITY OF KRUM, TEXAS, a general law
municipality, on behalf of said municipality.
Notary Public in and for the
State of Texas
C:IDOCUME~lltywi11ia1LOCALS~llTemplBoundary Adjustment Agreement_l.doc
Page 5
Exhibit "A"
~~i ~th~t ~~i~ #rt n~l~~~ ~it~~te~ ~n tlx~ ~
in I~~nt~r~ ~u~~t Texas rein ~p~rt Ufa ~a[~
~e trek ~f l~t~~ ~i i~ the ~e~d fr~n~ Asa F~kin ~t ~1 Ord F, .
~ c.~r~~ ~~~~t~~ punt, ~`ex~~; the try ~~ir maw ~arti~ularly ~~rr~~d llo~v~;
~I~'r at ~ ward ~`~rr.r ~~t t'~~tt~ for the art . • h~s# r~r o#'~ tray tix~
~r~~t r~~r ~[i~d ~,0~ ~r~ trait o~[~~~ ~~bo~ in t~ ~ ~
n a~ r~r~d its ~lurn~ ~ ~ al , the ~ ~r~~~rt ~f ~~ttt~n dun#~+, T~~a i~ ~ ~~th dine lle~ X4,1 4 ~ tray ~~a~ ~~s~~be
~aed t~ ~ I~. ~r~~k~~~ as r~ tt~ d ~n t~
"1`~I ~e~r~ ~ rnin~t~~ 1 ~ ~ec~~~~ st ~ti~ the fast ling ]
~~r~ trot t~,e eat iin~ of~ai~ ire ~ try, o ~r ar~ax ~ f~~~~ a ~i~t~.n ~f
~?.1 het t~ ~ ~p~d iron r~~ f~t~n~ f~~ r~~r;
~`iI~~ ~ ~ d~ ~ t~it~~t 44 sits ~ ~i~ n~~~~, ~~~t t~ the
nit~r~~~ ~ner ~~`t~~ ~~-e~ ~~~be~ tr~~t, in a ~in~ ~~pa~in tie rr~r~t ~.xtr~~
']'~~it~~ ~u~s~icti~~~ aft i# ~f rim tie Et ~~`~e~t~~;
~I~r~tt~ ? ~rr~r~t#es ~ ~e~~r~d~ ~.ast ~rit1~ ~~ici dine ~ di~tar~~~ ~f
~7~,~ f~ t~ tie or~hest ~~rn~r ~f ~ ~~r~ir~ ~e~~xihe~ t~.~t i~ ~ I~~t~ ~~n~ ~~a~
I~ r~trat} t~~ ~ut~ lip ~i~ 7~. i54 a~-~ tray;
u#,~ ~ ~r~ 4~ ~nin~tes 44 ~~n~~ Est ~ritt~ t~~ e~~t~ lip t~~r~a~~~~ the iir~ ~f ~~i~ ~r~ tract a diste~ ~ . het t~ ~i ~
• ~~II and ~n~la~in~ ~7.~~ ~ acres of ]~s~~, ~r~ cr 1~.
~'ls~ ~il~ ~t~s ~r~r~ ~r~~~r~~ ern an o~~-thr~~n~ ~ ~~~e~ per m •
dir~~ti~n att~ auperrri~i~~ ~ Y
~ ~
~ ~ s ~ a
• ars ~ii~Ili~~iJ~ ~a*Flrr~r~4s~ir
~It~
C:IDOCUME~lltywi11ia1LOCALS~llTemplBoundary Adjustment Agreement_l.doc
Page 6
Exhibit B
Location Map for Aspen Park Development
C:IDOCUME~lltywi11ia1LOCALS~llTemplBoundary Adjustment Agreement_l.doc
Page 7
STATE OF TEXAS §
COUNTY OF DENTON §
SERVICE AREA DESIGNATION AND TRANSFER AGREEMENT
THIS AGREEMENT ("Agreement") is entered into by and between the City of Krum,
Texas ("Krum"} and the City of Denton, Texas ("Denton"} to designate and transfer certain
service rights and obligations to that one certain 59.990 acre development known as "Aspen
Park" which is located within the extra-territorial jurisdiction of the two above-referenced cities.
Recitals
WHEREAS, the City of Krum, Texas is a General Law municipality situated in Denton
County, Texas and currently furnishes both retail water and wastewater service within its
corporate boundaries and extra-territorial jurisdiction; and
WHEREAS, the City of Denton, Texas is a Home Rule municipality situated in Denton
County, Texas, and currently furnishes both retail water and wastewater service within its
corporate boundaries and extra-territorial jurisdiction; and is the holder of Water CCN No.10195
and Sewer CCN No. 20072 issued by the Texas Commission on Environmental Quality
("TCEQ") or its statutory predecessors; and
WHEREAS, Aspen Park, L.P., a Texas Limited Partnership, is the present owner of a
59.990 acre tract development in Denton County known as "Aspen Park" (the Aspen Park
Development) as shown on the surveyed plat that is attached hereto as Exhibit "A." The entirety
of such Aspen Park Development is situated within the retail water and sewer service areas
certificated to the City of Denton in Water CCN No. 10195 and Sewer CCN No. 20072. Said
Development property consists of two (2) adjacent tracts, consisting of a certain 52.979 acre tract
Service Area Designation and
Transfer Agreement -1-
of land, known as "Aspen Park Phase One" ("Phase One" tract), which is more particularly
described in Exhibit "B" attached hereto, and is located within Krum's extra-territorial
jurisdiction; and a certain adjacent 7.011 acre tract of land, known as "Aspen Park Phase Two"
("Phase Two" tract); and is located within Denton's extra-territorial jurisdiction; and
WHEREAS, Aspen Park, L.P. desires that its Aspen Park Development be annexed by
Krum, upon release of Aspen Park's Phase Two tract from Denton's extra-territorial jurisdiction
and furnished with retail water and sewer service by the City of Krum, in order to provide for the
timely and orderly extension of utility facilities and development of the Aspen Park Phase One
and Aspen Park Phase Two tracts described therein; and
WHEREAS, the City of Krum desires to provide retail water and sewer service to said
Aspen Park Development; but must first secure the City of Denton's consent and agreement to
designate such service area, and transfer the certificated retail service rights to such development
to Krum under the provisions of Texas Water Code, Sections 13.248 and 13.301; and
WHEREAS, the City of Denton has informally indicated that it wishes to facilitate the
Aspen Park Development and, subj ect to its City Council approval, is amenable to entering into
an agreement for the designation and transfer of its service rights to the above-described
development to Krum.
NOW THEREFORE, in consideration of $10.00 and other good and valuable
consideration paid by the City of Krum to the City of Denton, the receipt and adequacy of which
is hereby acknowledged, the City of Krum and the City of Denton do hereby agree as follows:
1. The City of Denton hereby transfers all of its retail water and sewer service area
rights in and to the Aspen Park Development under Water CCN No. 10195 and Sewer CCN No.
20072 to the City of Krum pursuant to the authority of Texas ~Uater Code, Section 13.301,
Service Area Designation and
Transfer Agreement -2-
subject to all Texas Commission on Environmental Quality ("TCEQ") statutory and regulatory
requirements and approvals, set forth or referenced therein, notice of which transfer is expressly
acknowledged by Krum.
2. Pending the final transfer of its certificated service area rights to the City of Krum
as provided for under this Agreement, the City of Denton hereby designates the Aspen Park
Development as property included within its certificated water and sewer service areas which
may, by this Agreement, be served with retail water and wastewater service by the City of Krum;
and the cities of Denton and Krum hereby agree that this Agreement be incorporated into the
parties' respective service areas of public convenience and necessity, under the provisions of
Section 13.248 of the Texas Water Code.
3. The City of Krum shall furnish to the City of Denton's Assistant City Manager of
Utilities, a copy of any and all applications, notices, approvals, orders or other documents filed
with the TCEQ, or by the TCEQ in connection with the approval of this Agreement by the
TCEQ, said delivery to be made within ten (10) days of the submission and/or receipt thereof.
4. All rights, powers, privileges and authorities of Denton and Krum not otherwise
restricted or affected by the express terms and provisions of this Agreement, are reserved by
Denton and Krum.
5. This Agreement embodies the entire Agreement and understanding by and
between the City of Denton and the City of Krum, Texas, with regard to the subject matter of this
Agreement.
6. If any provision of this Agreement is judicially declared invalid or unenforceable,
such provision shall be deemed severed from this Agreement, and the remaining portions of this
Agreement shall remain in effect.
Service Area Designation and
Transfer Agreement -3 -
7. All recitals set forth above and all attachments referenced herein are incorporated
by reference into the text of this Agreement, as if fully set forth herein.
8. The City of Denton and the City of Krum each represent and warrant that the
signatories on this Agreement are authorized to execute this Agreement by their respective
governing bodies. The City of Denton and the City of Krum each warrants that any action
required to be taken in order for this Agreement to be binding on it, has been duly and properly
taken prior to the execution of this Agreement.
10. This Agreement shall be effective on the last date of signature hereof; and is
subject to the approval by the TCEQ as provided by the applicable provisions of the Texas ~Uater
Code and the Regulations.
The City of Krum, Texas
Dated:
By:
Larry Lamonica, Mayor
ATTEST:
Ann Mills, City Secretary
By:
APPROVED AS TO LEGAL FORM:
By:
Service Area Designation and
Transfer Agreement -4-
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
Euline Brock, Mayor
ATTEST:
Jennifer Walters, City Secretary
Dated:
By:
APPROVED AS TO LEGAL FORM:
Edwin M. Snyder, Interim City Attorney
By:
S:10ur DocumentslContracts1051Krum-Denton-Aspen Park-Agreement-CCN-2005.doc
Service Area Designation and
Transfer Agreement -5-
ATTACHMENT 6
1 PUB AGENDA ITEM #3
2
3 CITY OF DENTON, TEXAS
4 PUBLIC UTILITIES BOARD MEETING AGENDA
5 MARCH 28, 2005
6 DRAFT
7
8 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
9 present, the Public Utilities Board convened into an Open Meeting on Monday, March 28, 2005 at
10 9:05 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas
11 Street, Denton, Texas.
12
13
14 Present: John Baines, Bob Bland, Bill Cheek, Phil Gallivan, George Hopkins,
15 Charldean Newell, Dick Smith
16
17 EX OFFICIO MEMBERS
18 Howard Martin, ACM/Utilities
19
20 CONSENT AGENDA:
21
22 1) Consider approval of an easement from the City of Denton, Texas to Verizon Wireless for a
23 0.0328 acre tract of land, described by metes and bounds, situated in the Mary Austin Survey,
24 Abstract No. 4, in the City of Denton, Denton County, Texas, and being a portion of the
25 Remainder of Lot 1, Block 2 of the Municipal Utility Addition, an addition to the City of
26 Denton, Texas, as recorded in Cabinet G, Page 346, Plat Records, Denton County, Texas.
27
28 2) Consider approval of Bid No. 3300 for aThree-Year Contract for Substation Switches from
29 the lowest responsible bidder for each line item.
30
31 3) Consider approval of Bid No. 3244 for aTwo-Year Contract for Water and Sewer Inventory
32 awarded to the lowest responsible bidder for each section, in the annual estimated amount of
33 $500,000. 34
35 4) Consider approval of a Professional Services Agreement with the law firm of Booth, Ahrens &
36 Werkenthin, P.C., Austin, Texas for legal services related to water rights and water legislative
37 issues in an amount not to exceed $55,000.
38
39
4o Board Member Dick Smith moved to approved the Consent Agenda with a second from
41 Board Member Phil Gallivan. The motion was approved by a vote of 6-0.
42
43 Note: (Board Member John Baines arrived late and did not have the opportunity to vote on
44 the Consent Agenda).
45
46
Page 1 of 6
1 ITEMS FOR INDIVIDUAL CONSIDERATION:
2
3 5) Consider approval of the Public Utilities Board meeting minutes of:
4
5 a. February 28, 2005
6
7 The minutes stand approved as circulated.
8
9 6) Receive a report and hold a discussion on the implications of implementation of the proposed
1 o Texas Nodal wholesale electric market design.
11
12 Sharon Mays, Electric Utility Director and John Rainey of R.J. Covington Consulting, gave a
13 presentation regarding the implications of implementation of the proposed Texas Nodal wholesale
14 electric market.
15
16 This was an information item only and required no action by the Board.
17
18 7) Consider approval of an ordinance to release and transfer 60 acres of Denton's Water and
19 Wastewater CCN and 7 acres of Denton's ETJ to the City of Krum for the Aspen Park
20 Development.
21
22 Board Member George Hopkins excused himself from the discussion and consideration of
23 this item due to possible conflict of interest.
24
25 Tim Fisher, Assistant Director of Water Utilities presented this item. Fisher reminded the Board
26 that Staff brought this issue to the attention of the PUB on January 24, 2005. This information
27 was presented to the City Council on March 1, 2005 along with a proposal to make similar
28 adjustments for all of the other large undeveloped tracts of land that had similar multi-
29 jurisdictional issues that currently existed in the Denton -Krum ETJ boundary agreement. Based
3o upon the input received, it was apparent that some of the City Council Members had reservations
31 about the potential loss of 176 acres of Denton's existing ETJ to the City of Krum. In addition,
32 the consensus of the PUB was the City of Denton should consider requesting compensation for the
33 loss of the City's CCN to Krum (totaling approximately 1,576 acres). Since these concerns were
34 raised, staff requested support from the City Council to bring the Aspen Park request forward
35 allowing the City of Krum and the developer to move ahead with this project while both the City
36 of Denton and Krum further evaluated the ETJ and CCN proposal .
37
38 Both Board Members Smith and Bill Cheek expressed concerned about releasing the 60 acres of
39 Denton's Water and Wastewater CCN and 7 acres of ETJ, stating that this intermediate step could
4o damage the negotiations for the larger project. Smith asked if this was a priority for Krum. Fisher
41 responded that Krum is aware of the current proposal and has no objection.
42
43 Howard Martin agreed that a more holistic approach would be preferable. He indicated that staff
44 would continue to work on negotiating a "no net loss "ETJ agreement with definable boundaries,
45 but he thought staff needed to be responsive to the City Council direction to move forward with
46 this property. He also stated that if Krum was required to provide compensation for any loss of
47
Page 2 of 6
1 CCN or ETJ that the initial agreement would be more difficult to obtain. Martin stated that once
2 the boundaries are negotiated, a clear message regarding future compensation requirements would
3 be a deterrence to discourage Krum (and the development community) from continuing to
4 encroach on Denton's ETJ and CCN.
5
6 Board Chair Charldean Newell reminded members that the Board has no authority relating to ETJ
7 issues. However, the Board does have recommending authority on CNN issues.
8
9 Cheek moved to approve the release of 60 acres of Denton's Water and Wastewater CCN to
to the City of Krum, with a second from Gallivan. The motion passed by a vote of 6-0.
11
12 The Board also wanted to express to the Council their willingness to make this concession of
13 releasing the 60 acres of Water and Wastewater CCN to the City of Krum at this stage, but
14 would be unwilling to make further concessions. It is the Board's desire to have the larger
15 picture resolved so that there would be no net loss of ETJ in the future.
16
17 8) Receive a report, hold a discussion and provide staff direction concerning Denton's 2005
18 update to the Water Conservation and Drought Contingency Plan.
19
20 Fisher also presented this item. Fisher reported that the City of Denton adopted its ~Uater
21 Conservation and Drought Contingency Plan in 1999. The plan established a water conservation
22 goal of a 15 percent reduction inper-capita water consumption by the year 2050. Fisher also
23 reported that the current plan meets all the Texas Commission on Environmental Quality (TCEQ)
24 requirements except for the recently added specific 5 year and 10 year conservation goals. The
25 updated goals must be submitted to the TCEQ by May 1, 2005.
26
27 Some of the major updates to the plan will be time of day watering, not allowing watering of the
28 pavement, proper maintenance, no irrigation during rain and putting in rain sensors. These actions
29 will require certain code adjustments and will bephased-in during atwo-year window.
30
31 The revised Contingency Plan is scheduled for approval by the Board at the April 11th meeting,
32 scheduled for Council approval at their April 19th meeting with final submission to the TCEQ by
33 May 1St
34
35 This was an update item and required no action by the Board.
36
37 9) Consider revisions to the existing Gas Well Drilling and Development Ordinance to require a
38 road damage assessment fee based upon a calculation methodology using the C&P
39 Engineering Study.
40
41 Board Member George Hopkins excused himself from the discussion and consideration of
42 this item due to possible conflict of interest.
43
44 Fisher presented this item. Fisher reported that staff followed the direction of the Board and
45 Council to proceed with the recommended revisions to the Gas Well Drilling and Development
46 Ordinance and the Road Report Agreements. Staff was also instructed to meet with shareholders
47 to discuss the changes to the Road Repair Agreements. Fisher stated that the gas well
48 development community expressed two major concerns:
Page 3 of 6
1
2 1. The $50,000 maximum damage fee assessment in response to Type 1 roads was too high;
3 and
4 2. Consideration be given to developing a similar method to collect fees from other users that
5 place heavy truck loads on city streets.
6
7 Gallivan stated that too much time has passed and since the industry has not produced a counter
8 recommendation, staff should proceed with the proposed recommendations.
9
to Thomas McMurray, a representative from the gas well development community asked to address
11 the Board. McMurry praised staff for their efforts but expressed frustration with time constraints
12 and the delay in getting input from shareholders in the gas and oil industry. McMurry stated that
13 most communication has taken place by phone or e-mail due to logistical problems.
14
15 McMurry shared some of the industry concerns:
16
17 • Minimum/Maximum fee structure was acceptable, but if the maximum was too extreme,
18 the City of Denton would be considered not open for business.
19
20 • Tax benefit. The tax benefit has not been analyzed or incorporated into any of the
21 calculations.
22
23 • Trip Version. If the trip version is used, there needs to be a differential between on-site
24 frack water and off site frack water. On-site fracking creates a huge difference in truck
25 trafficking.
26
27 • The industry was offended and thought they were being singled out. Cement trucks also do
28 a lot of damage to the roads.
29
30 • The industry also expressed concern regarding the City collecting multiple fees to repair
31 one road.
32
33 • A $5,000/minimum fee was not offensive. A $15,000-$25,000 maximum fee was
34 acceptable. Anything over $25,000 there was no consensus.
35
36 • The concern was not if the industry should pay, but to determine a fair and equitable
37 payment amount.
38
39 Martin stated that the City Council has been reviewing dollars associated with ad valorem
4o property tax, royalties, and surface rights revenue and will have a presentation at their April 12th
41 meeting regarding long range financial plans.
42
43 Baines asked if the concerns expressed by McMurry had been taken into consideration. Fisher
44 responded that different methods of hauling water to a site have been discussed.
45
46 McMurry made an additional comment that leases are entered into in advance and the City is
47 changing the model mid stream. Current leases will not incorporate this fee. Leasing costs are just
Page 4 of 6
1 2-3 % of the budget. when one is negotiating leases, it's problematic not to know you're total
2 Cost.
3
4 Smith commented that the issue is road damage even though the issue regarding leasing is
5 understandable.
6
7 Smith asked if the gas well group agreed or disagreed with the methodology used to determine the
8 extent of damage.
9
to MCMurry responded that the industry was very impressed with the amount of effort the City has
11 gone through and overall the methodology was well received.
12
13 Newell refocused the Board on the options available for this item. The Board could go with
14 staff's recommendation to approve Option 1, introduce new options, or table the item.
15
16 Fisher clarified that Option 1 would include a change in the ordinance to include an up front cost
17 with a minimum of $7,500 and maximum of $50,000 as calculated in the engineering study.
18 Fisher also stated that the ordinance is imbedded in the Development Code, which will be
19 presented and approved by the Planning and Zoning Commission.
20
21 Baines moved to recommend approval of Option 1, placing a maximum on the damage fee
22 assessment but wanted to recommend continued negotiations with the industry addressing the fee
23 structure. Bland seconded the motion with a friendly amendment, to phase in the fee and lessen
24 the impact on the industry. The motion passed 5-1. Smith opposed the motion because it was
25 sending a mixed message. The Board was approving Option 1, not convinced of the fee structure,
26 and asking Council to seek resolution.
27
28 Newell agreed that the recommendation was awkward and asked that additional comments from
29 the Board be included with the minutes.
30
31 • Smith stated that the motion was awkward and does not solve the problem.
32 • Cheek stated he would like staff to work with the industry on the maximum fee and types
33 of roads.
34 • Baines stated it was important to continue the dialogue and force some type of resolution.
35 Gallivan also requested that staff work with the industry on the fee structure and types of
36 roads.
37 • Bland recommend staff consider phasing in the fees to lessen the impact on the industry.
38 • Newell stated the industry point is well taken, that other vehicles are also responsible for
39 damage to the roads and some form of equity needs to be determined.
40
41 10) New Business -This item provides an opportunity for Public Utilities Board members to
42 suggest items for future agendas or to request information from the Assistant City Manager of
43 Utilities for future meetings.
44
45 11) ACM Report:
46 a. Trash Bag Customer Satisfaction Survey 2005
47 b. Economic Development Financials
Page 5 of 6
1 c. Lake Ralph Hall Update
2
3 12) The Public Utilities Board reserves the right to adjourn into a Closed Meeting on any item on
4 its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as
5 amended.
6
7 13) Official Action, if necessary, on Closed Meeting item(s) under §§551.071-551.088 of the
8 Texas Government Code, as amended.
9
10 14) Adjournment.
11
12 The meeting adjourned at 12:27 P.M.
13
14
15
16 Charldean Newell, Chairperson Howard Martin, ACM/Utilities
17
18
19 20 Tonya Williams, Acting Secretary
21
Page 6 of 6
ATTACHMENT 7
City of Denton Planning and Zoning Commission Minutes
April 27, 2005
A:Eter determining that. a quorum was present, the Planning and Zoning Commission convened a
tiV~ork Session on Wednesday, Apri127, 2005 at 5:30 pm in the Council Work Session Room at
C~ ty Hall, 215 E. M~~Kinney Street, Denton, Texas at which time the following items were
considered:
ALL COMMISSIONERS PRESENT EXCEPT FOR COMMISSIONER HOLT
A. Receive a briefing on annexation, extraterritorial jurisdiction (ETJ) and Certificate of
Convenience and Necessity (CCN). (Jim Coulter, Dottie Palumbo and Dedra Ragland).
After the completion of the Work Session, the Planning and Zoning Commission convened a
Regular Meeting of the Planning and Zoning Commission of the City of Denton, Texas which was
held on Wednesday, April 27, 2005 and began at 6:30 p.m. in the City Council Chambers at
City Hall, 215 E. McKinney at which time the following items were considered:
ALL COMMISSIONERS PRESENT EXCEPT FOR COMMISSIONER HOLT
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible."
2. CONSIDER APPROVAL OF THE MINUTES FOR APRIL 13, 2005.
Commissioner Watkins moved to approve the minutes. Commissioner Thibodeaux
seconded.
('Discussion of item is included in the Court Reporter's transcript attached to this set of minutes)
(Page 1-2)
Motion carried 6-0, Commissioner Holt absent
3. INDIVIDUAL CONSIDERATION: Consider:
A. Reconsideration of the Final Plat of Lots 1-13, Block A, of the Jamart Addition. The
3.59-acre tract is generally located on the east side of North Locust Street, approximately
700 feet south of Windsor. The property is zoned Neighborhood Residential 4 (NR-4) and
thirteen (13) single family lots are proposed. (FPOS-0003, Jamart Addition, Donna
Bateman).
Commissioner Roy moved to disapprove item 3A. Commissioner Watkins seconded.
('Discussion of item is included in the Court Reporter's transcript attached to this set of minutes)
(Page 2-3)
Motion carried 6-0, Commissioner Holt absent
B. Approval of the Final Plat of Lots 1 through 12, Block A, of the Jamart Addition.
The 3.2 acre tract is generally located on the east side of North Locust Street,
approximately 700 feet south of Windsor Drive. The property is zoned Neighborhood
Residential 4 (NR-4) and 12 single family lots are proposed. (FPOS-0011, Jamart
Addition, Deborah Viera).
Planning and Zoning Commission
April 27, 2005
Page 2 of 4
Commissioner Watkins moved to approve item 3B. Commissioner Roy seconded.
('Discussion of item is included in the Court Reporter's transcript attached to this set of minutes)
(Page 3)
Motion carried 6-0, Commissioner Holt absent
Making a recommendation to City Council on the following items:
C. Alternative Development Plan for a proposed warehouse/distribution/office complex
on approximately 94.2 acres generally located at the southwest corner of Metro Road
and I-35W frontage road intersection. The property is currently zoned Industrial Center
Employment (IC-E). A zoning change for an Industrial Center General (IC-G) designation
has been requested in association with this application. The purpose of the Alternative
Development Plan is to deviate from the requirements of Subchapter 13 of the
Development Code. (ADPOS-0002, Granite Point, Deborah Viera.
Commissioner Watkins moved to approve item 3C. Commissioner Thibodeaux seconded.
('Discussion of item is included in the Court Reporter's transcript attached to this set of minutes)
(Page 3-37)
Motion carried 6-0, Commissioner Holt absent
D. Release of Denton's extraterritorial jurisdiction (ETJ) to the City of Krum for the
Aspen Park Development, 7.011 acres generally located on Hopkins Road, north of
FM1173. The 60-acre tract has approximately 52.979 acres inside Krum's ETJ and
approximately 7.011 acres within Denton's ETJ. (SI05-0008, City of Krum Aspen Park
Subdivision ETJ Adjustment, Tim Fisher).
Commissioner Roy moved to approve item 3D. Commissioner Thibodeaux seconded.
('Discussion of item is included in the Court Reporter's transcript attached to this set of minutes)
(Page 38-42)
Motion carried 6-0, Commissioner Holt absent
4. PLJBL,TC HEARTNG~: Hold a public hearing and consider making a recommendation to City
Council on the following item:
A. Rezoning of approximately 94.2 acres from an Industrial Center Employment (IC-E)
zoning district to an Industrial Center General (IC-G) zoning district. The subject
property is generally located at the southwest corner of Metro Road and I-35 West frontage
road intersection. (Z05-0004, Granite Point, Deborah Viera).
Commissioner Guzman-Ramon moved to item 4A. Commissioner Roy seconded.
('Discussion of item is included in the Court Reporter's transcript attached to this set of minutes)
(Page 3-37)
Motion carried 6-0, Commissioner Holt absent
Planning and Zoning Commission
April 27, 2005
Page 3 of 4
B. Special Sign District for the Granite Point development. The 94.2 acre site is
located at the southwest corner of Metro Road and I-35 West frontage road
intersection. The property is in an Industrial Center Employment (IC-E) zoning district.
The purpose of the Special Sign District is to allow signage for a development to deviate
from the requirements of Subchapter 15 of the Development Code relating to maximum
number of ground signs. (SDOS-0001, Granite Point, Deborah Viera).
Commissioner Roy moved to approve item 4B. Commissioner Watkins seconded.
('Discussion of item is included in the Court Reporter's transcript attached to this set of minutes)
(Page 3-38)
Motion carried 6-0, Commissioner Holt absent
C. Rezoning of Lot 8 of Collins Addition from Neighborhood Residential (NR-3) zoning
district to Neighborhood Residential (NR-6) zoning district. The property is located
approximately 100 feet north of Grace Temple Avenue, east of Fulton Street. (ZOS-0001, 412
Fulton, Supriya Chewle).
Commissioner Roy moved to approve item 4C with conditions of NR-4 zoning and Specific
Use Permit.
('Discussion of item is included in the Court Reporter's transcript attached to this set of minutes)
(Page 45-77)
Failed due to lack of second. Commissioner Holt absent
Commissioner Strange moved to approve item 4C. Commissioner Noble seconded.
('Discussion of item is included in the Court Reporter's transcript attached to this set of minutes)
(Page 45-77)
Motion carried 4-2, Commissioner Roy and Commissioner Thibodeaux against. Commissioner
Holt absent
D. Amendment to the Detailed Plan for Planned Development 12 (PD-12) zoning district
for approximately 7.4 acres. The subject property, commonly known as 4050 South I-
35E, is generally located 2,300 feet southeast of State School Road and I-35E frontage
road intersection. (Z05-0003, Jim McNatt Honda Dealership, Deborah Viera).
Commissioner Watkins moved to approve item 4D. Commissioner Roy seconded.
('Discussion of item is included in the Court Reporter's transcript attached to this set of minutes)
(Page 81-82)
Motion carried 6-0, Commissioner Holt absent
5. FUTURE AGENDA ITEMS
Planning and Zoning Commission
April 27, 2005
Page 4 of 4
NOTE THE PLANNING AND ZONING COMMISSION RESERVES THE RIGHT TO ADJOURN INTO A CLOSED
MEETING AT ANY TIME REGARDING ANY ITEM ON THE AGENDA FOR WHICH IT IS LEGALLY PERMISSIBLE.
NOTE: THE CITY OF DENTON CITY COUNCIL ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE
AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS
FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A
SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of
Denton, Texas, on the day of , 2005 at o'clock (a.m.) (p.m.)
CITY SECRETARY
o~nd~e~t~`
Pa e 7 Page ~ 9
~ CO~IMISSI~NER wATKINS; Thank yott, Mx. l City of Denton and brrnging some new tax base and
~ Cliairnian. I would r~~ove approval of ~~~-~s-ooo~ to include ~ hopefully, sumo new er~lployers. o we' 11 be out here
the staff recormnendations an age the six, plus the one 3 working. Arid if we don't da sometlrir7g #l7at I said we"re ~ p
4 oin to do, then ou can call ~~~e and I' it make gaol by 4 in the nranila folder. g g Y
~ GDNiMISSIgNER STRANGE: Dkay, we have a 5 it.
~ nlotia~i. Do we have ~ second? 6 ~ COMMISSIDN~R STRANGE; well, again, we
COMMISSI4NIIR TI~IIRODEAU~: second. 7 welcome you to Denton and if we can work with you in tine
~ COMMISSIONER STRANGE, we have a motion by S future, we lank forward to it,
9 Mr, Watkins and a second by Dr. Thibodeaux, Any ~ MR. CtJNNINGHAM; Thank you.
l~ discussion? 7f not, please vote Rely is approved ~-a. 1~ COMMISIGNER STRANGE: Thank you. we will
1 I Next we would take Item 4A, which is the 1 I now go hack to our individual consideratiat7s, And we will
l ~ rezoning of appzaximately 94,2 acres from Industrial 1 ~ he looking at Item 3D, which is the release of Denton's
I3 Center E1]lployl~lent tc-~ zonrn dtstrtct to a Industrial ~ ~ Extraterritorial Jurisdiction to the City cif Krl~tn for the
l4 Cerlte~' General, tc'-~ coning district, Do we have a 14 Aspen Parr Development which is a 7,~ l l acre site
i n'~ 1 ~ generally located on Hopkins Road nortl7 cif f~ I I I ~ lllat 0
l ~ COM~IISIQNEFt Cr[]2MAN-RAMON; so moved, I ~ wachell.
xANO~: eve Dave a motion, l7 ~IR.'UUACHEEt,; good eveni~~g, Conu~7issianers. f 1? ~QMMtSIONER ST
l S Do we have a second? I S Staff is requesting that the Planning ar~d ,honing ~
1 ~ CoMMISSi(?NER R4Y: Second, 1 ~ Commission make a recommendation to City Council rcgardit~g
20 coMMlssIONER STRANGE: okay. 'fie have a 2~ the release of seven acres o~f Denton "s ~T~ to the City of
21 n~otiot7 by Nfs. ~ru~tllafl-Ran]otl, And a second by 11x. Roy, 21 Krl.un for tl]e Aspen Park Developt7~ent, The developer of
~Z Please vote. Item passes 22 Aspett Park has requested utility service from l~~um, which
23 And finally, we will have Item 4B, the 23 is in Denton's CCN. [~ru.rn does have the ability to serve
~4 special sign district for the Granite Point Development. 24 the area. The tract of land is 53 of the acres arc ire
25 The 94.2 ache site is located at tl~e southwest corner of Krlun's ETJ and seven acres, the sn~all partior~ here, are ~n
~
1 ~Ietra and i~~ 5 west frontage road intersection. Do we l Demon's ETJ, artd the entire tract is located within
2 have a motion? ll~r, Roy. 2 Dentor~'s ccN boundary.
3 C~MMI,~SI~NEIt RAY; I'd like to make just a 3 The developer has requested that Denton
~ uick CoII~11'lel]t, Z think what we are appro~ring here with 4 release the seven acres of GGN to K~unr so that they can
~ t1115 S eci~l slgn dI5~r1Ct 15 s1lTltlar ~ 'VLnc~~t approved ~ proceed with their develapinetlt. ~ would like to paint out
~ for the Presbyterian Hospital, a large site which requires 6 that in the information that was presented in the work
? snore insight ors site directional signs that what, ~ session, I discussed a couple of proposals that were taken
S erha s, our standards had envisioned, S to City Council the last of which was a 17~ ac~~e net loss p P
g o Y don't feel that this is a significant 9 of ET1 for the cleaning up of the boutadaries between the
l~ variation froth the intent of our CodeF So I trove to City of Drum and the City of Denton.
l 1 a royal, I don't know if there is any staff l l There were a few staff mernl~crs ar a few pp
1 ~ recotrnnertdatian. Z' in struggling to find that, As there 12 Council members who were reluctant to release that at7iount
13 are no staff reco$n~~Yendations, I'in shave approval of the 13 of ETJ. so at that point staff did request support from
14 s ~ecial sign district. 14 the Council to nave forward on the Aspen Park ~~e~uest so l
15 QMMISI~NER TitANGE: I have a motion. Do I ~ that they could i~~ove forward with their dcvcloplnetat.
I ~ we have a second? 1 Staff i rcco~zunending the release of this partiol~ of tl1e
] 7 CONIMI~SII~NEI~ ~vAT~IN~; ,~ecot~d. 17 ETJ. it is landlocked and has very little potential for
I$ CONfNII~I0N>~R STRANGE: I have a motion by I$ developrnerrt far the City of Inton.
19 Mr. Roy, a second by NIr, Watkins. Any discussion? If 19 P`or utilities, Denton already is tine
2D none, please vote. And the vote panes G-~. 2D wholesale, and wholesale provider of waste wat~;r and water
21 So all you gentlemen need to do haw is go 21 services for Krum. Staff feels that reli~~quishing tl~e
22 to work and sell sorrte propertyF 2~ CCN, which they already have established utility
23 MR. CUNNiN~kIAM: ~n behalf of Granite infrastructure and is not detrimental to Der~tor7' future
~4 Properties, I'd like to thank you much far supporting us, ~4 plans to provide service in that area,
~5 ~1e'x very excited about being a new neighbor here in the 25 So at this point, ~ will a~~swe~• any . _ ~ ~ T~,. . ~r.~,~rtrr~ ~ m~imrC+ ~ D~Y7 '}'T '7~1(l~
"
r~s tel. ~~►u.► PLANN1NU ANI1 GUINIINU 1Y11IVU l]B%3
ppl~yy ~~++pp i
~~~~Vil~74r~ L
~ ~ ~3
1 questions if you have any related to t~lis tract of land. 1
~ ca~~ISSI~Nt;a STR~N~E: goes anyone have any ~
3 questions of Mr, wacheli? Mr, Roy 3
4 COMMISSIONER ROY: I tllll]k you just ~
~ answered it, but ~'in looking at this proposal, the counter 5
6 proposal, wl~icl~ you discussed with us earlier today, and ~
7 releasing this property would seems to ~e consistent 7
8 with the proposal t17at we were discussing earlier? $ ~ MR. wACHELL: Yes. The actual release of 9
10 this portion would be in run's part of any of those 1 ~
11 proposals that we showed you including the last ane which 11
~ 2 was a zero net Toss of ~TJ, 12
1 ~ CaMMISSI4N'ER ROY: Thank you. ~ ~ ,
14 COMMIS[4NER STRANGE: Any other questions? 14 ~I
t ~ Thank you. 1~gair~, this is riot a public hearing €tem. So 15
1 16 t1a~~ would he no one else to speak on this, So we'd he 1 ~
17 reedy fora 1110t1Qt], Mr. Roy, 1 ~ ~
1 S COMMISSIONER ROY: [ nlove that we recommend I8
19 this dean~iexation excuse one, This is not deannexation 19
20 ~•elease of our extliaterritorial jurisdiction property
~ ~ t~ the ~lty Of l~rl]ln.
GGIvIMISSrDNI1RTRANGE: we leave a motion, 2~
~ 3 Do we have a second? ~ ~
COnrIMiSIaNER THIBODEAU~: Second.
COMMISSIONER STRANGE; wI~ have ~ second, A ~
' ~ Page 42 Page 44
1 ii~otion by Mr, Roy, a second by Dr, Thibodeaux. Do we Dave i
2 any discussion? 1•f there is none, please vote. Motion ~
3 passes 6-D.
4 ~ ~ ~
~ ~ ~
7 ~
~ ~
14 t~ 11 lZ
. l~ 1~
13 13
14 14
15 1
16 16
17 1~
l8 l~
lg l9
21]
21 Zt
22
~3 ~3
2~
~5 25
.A~NTN(~ ANA 7[INII~'~ ~S APR~~ Z7, COQ Pale ~ 1 w Page ~4
ORDINANCE N0.2005-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A BOUNDARY
ADJUSTMENT AGREEMENT ENTERED INTO BY AND BETWEEN THE CITY OF
DENTON, TEXAS AND THE CITY OF KRUM, TEXAS TO BE EXECUTED BY THE
MAYORS OF THE TWO CITIES; PROVIDING FOR A RELEASE OF THE CITY OF
DENTON EXTRATERRITORIAL JURISDICTION FROM THE CITY OF DENTON TO THE
CITY OF KRUM OF THAT CERTAIN 7.011 ACRES OF LAND THAT IS LYING WITHIN
THE ASPEN PARK PHASE TWO THAT IS ADJACENT TO THE CITY OF KRUM, TEXAS,
LOCATED IN THE WESTERN SECTION OF THE CITY OF DENTON
EXTRATERRITORIAL JURISDICTION; IN DENTON COUNTY, TEXAS SPECIFICALLY
LOCATED AS SHOWN IN THE BOUNDARY ADJUSTMENT AGREEMENT; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (SI05-0008)
WHEREAS, pursuant to §§42.023-42.025 of the Texas Local Government Code, home
rule cities are authorized to release extraterritorial jurisdiction over certain lands; and
WHEREAS, on or about April 27, 2005, the Planning and Zoning Commission of the
City of Denton, Texas having reviewed this matter, with six members present, unanimously
recommended approval of this release of City of Denton extraterritorial jurisdiction to the City of
Krum, Texas, as manifested by a Boundary Adjustment Agreement; and
WHEREAS, the City Council finds that the real property that is the subject of the
Boundary Adjustment Agreement is a certain 7.011 acre tract of land in Aspen Park Phase Two,
in the Western Section of the City of Denton extraterritorial jurisdiction; and that the City of
Krum has requested that the City of Denton release its extraterritorial jurisdiction to the City of
Krum, as the City of Krum intends to annex said 7.011 acres of land as well as providing retail
water and wastewater utility service; and
WHEREAS, the City Council finds that all required notices were given in the time and
manner required by law; and
WHEREAS, after notice a public hearing before the City Council was held in the Council
Chambers on this date in order to allow any and all interested persons who appear at such public
hearing to state their views and present evidence bearing upon this release of extraterritorial
jurisdiction; and
WHEREAS, the City Council, after considering all of the relevant circumstances and the
City of Krum's request, is of the opinion that in this case it should grant the request; accordingly,
the City Council hereby approves the Boundary Adjustment Agreement and finds that it is in the
public interest to execute the same; and
WHEREAS, the City Council notes that the passage of this ordinance is expressly
conditional on the Council passing the companion ordinance on this date which deals with the
utility "Service Area Designation and Transfer Agreement" as the release of extraterritorial
1
jurisdiction of Denton and the transfer and assignment of its right to retail water utility service
and wastewater service are interdependent of each other; NO~U, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the findings and recitations contained in the preamble of this
ordinance are incorporated herewith by reference.
SECTION 2. That the City Council hereby releases its extraterritorial jurisdiction over
that certain 7.011 acre tract of land referred to above.
SECTION 3. That the Mayor of the City of Denton, Texas is hereby authorized to
execute the "Boundary Adjustment Agreement" as is attached hereto and incorporated herewith
by reference.
SECTION 4. 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 its purpose to release its extraterritorial jurisdiction to the City of Krum, in and
to that certain 7.011 acre tract of land situated in the ~Uestern Section of the City of Denton
extraterritorial jurisdiction, in the addition known as Aspen Park Phase Two.
SECTION 5: This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2005.
EULINE BROOK, MAYOR
ATTEST:
JENNIFER ~UALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By:
S:10ur Documentsl0rdinances1051Krum-Boundary Adjustment Agreement-ETJ-2005.doc
2
AGENDA INFORMATION SHEET
AGENDA DATE: August 2, 2005
DEPARTMENT: Utility Administration
ACM. Howard Martin
SUBJECT - SI05-0008 (City of Krum Aspen Park Subdivision ETJ Adjustment and Service
Area Designation and Transfer Agreement)
Hold a Public Hearing and consider approval of an ordinance approving the "Boundary
Adjustment Agreement" by and between the Cities of Denton and the Krum, Texas regarding a
release of 7.011 acres of Denton's extraterritorial jurisdiction to the City of Krum, Texas for the
Aspen Park Development. (P&Z approves 6-0).
Consider an ordinance approving a "Service Area Designation and Transfer Agreement" by and
between the City of Denton, Texas and the City of Krum, Texas, wherein the City of Denton
transfers and assigns all of its retail water and sewer service rights in and to the two tracts known
as Aspen Part Phase One and Aspen Park Phase two, to the City of Krum consisting of a total of
59.99 acres of land. (PUB approves transfer of service rights, 6-0).
BACKGROUND
Applicant: City of Denton Water/Wastewater Department Denton, TX
A developer of a 60-acre tract of land located on Hopkins Road, north of FM 1173 has requested
utility service from the City of Krum. The proposed development, known as Aspen Park, has a
preliminary plat approved by the City of Krum that includes a developer agreement requiring
action by the Cities of Denton and Krum.
The tract has approximately 52.979 acres inside Krum's ETJ and approximately 7.011 acres
within Denton's ETJ. The entire 59.99-acre tract is within the City of Denton's Water and
Wastewater Certificate of Convenience and Necessity (CCN). The developer's agent, Kirk
Wilson, has requested that the City of Denton release the 7.011-acre area of the proposed
development to allow Krum to annex the entire tract, as well as execute a Transfer of Sale and
Merger (TSM) for Denton's water and wastewater CCN.
The City of Krum has agreed to accept the property as part of its ETJ and plans to annex the 60-
acre tract if the 7-acre portion of ETJ is released by the City of Denton.
The City of Krum had originally wanted to obtain the retail water and wastewater service rights
to the entire area within their ETJ that was agreed to and designated as the future city limit line
between Denton and Krum (City of Denton Ordinance 2001-318 and City of Krum Ordinance
2001-11). Denton's Utility staff was agreeable to this but also desired to adjust ETJ boundaries
to avoid the splitting of large undeveloped tracts of land between the two cities. However, a
1
proposal brought forward to the Denton City Council work session on March 1, 2005 was
rejected since it resulted in a net 176 acre loss of Denton's ETJ. In an effort to help expedite the
developer's ability to move forward with their project, staff was directed to process the Aspen
Park ETJ and CCN request while a revised ETJ agreement that did not result in a net loss of
Denton's ETJ could be worked out with Krum.
The City of Krum and the developer had originally requested that the CCN issue be handled by a
Transfer of Sale and Merger agreement. This would require the actual transfer of Denton's water
and wastewater CCN for the 59.99 acre Aspen Park development from Denton to Krum. This
transfer agreement would be processed by the TCEQ and could involve a public hearing process
if it was protested by another entity. As an alternative, it was later suggested that a Service Area
Designation and Transfer Agreement under section 13.248 and 13.301 of the Texas Water Code
would be a preferred approach. This agreement it did not formally transfer Denton's CCN and
was merely and agreement between the two cities that allowed Krum to provide retail water and
wastewater services within their city limits for this particular tract located within Denton's water
and wastewater CCN. The agreement is conditioned upon Krum's annexation of the 59.99 acre
tract and since it does not remove this area from Denton's CCN, the timeline to process this with
the TCEQ is minimal.
The Aspen Park ETJ and CCN request was approved by the PUB on March 28, 2005 and the
P&Z on April 27, 2005.
PRIOR ACTION/REVIEW
January 24, 2005 Public Utilities Board Meeting
March 1, 2005 City Council Work Session
March 28, 2005 Public Utilities Board Meeting
April 27, 2005 Planning and Zoning Commission Public Hearing
OPTIONS
1. Approve as submitted.
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDATION
The Public Utilities Board recommends approval (6-0, Board member Hopkins abstained to due
possible conflict of interest).
The Planning and Zoning Commission recommends approval (6-0, Commissioner Holt absent).
2
ESTIMATED PROJECT SCHEDULE
NA
ATTACHMENTS
1. Staff Analysis
2. Location Map
3. Aspen Park Development agreement and action request
4. Boundary Adjustment Agreement
5. Service Area and Transfer Designation Agreement
6. Public Utilities Board meeting minutes, March 28, 2005
7. Planning and Zoning Commission meeting minutes, April 27, 2005
8. Boundary Adjustment Ordinance
9. Service Area and Transfer Agreement Ordinance
Prepared by:
' s
• ~ ~ ~ ~ ~ ~r
I •r r I 'f i Y .d
• f ~ 5 4 I
Tim Fisher, P.E.
Assistant Director of ~Uater Utilities
Respectfully submitted: f,
v ` ]
.f I _h. tC
Jim Coulter Director of ~Uater/Wastewater Utilities
3
ATTACHMENT 1
Staff Analysis
Summa , of Request
Kirk Wilson, agent for the Aspen Park development, has requested that the City of Denton
release 7.011-acres of the proposed development to allow Krum to annex a 59.99-acre tract
owned by the developer and as well as execute a Transfer of Sale Merger (TSM) for Denton's
water and wastewater CCN.
Analysis and Findings
Staff brought this issue to the attention of the PUB on January 24, 2005 and to the City Council
on March 1, 2005 along with a proposal to make similar adjustments for all of the other large
undeveloped tracts of land that had similar multi jurisdictional issues that currently exist in the
Denton -Krum ETJ boundary agreement. Some of the City Council members had reservations
about the potential loss of 176 acres of Denton's existing ETJ to the City of Krum. In addition,
the consensus of the PUB was that the City of Denton should consider receiving compensation
for the loss of the City's CCN to Krum (totaling approximately 1,576 acres}. Since these
concerns were raised, staff requested support from the City Council to bring the Aspen Park
request forward to allow the City of Krum and the developer to move forward with this project
while the City of Denton and Krum further evaluated the ETJ and CCN proposal discussed at the
January 24 and March 1 meetings. At the March 1 meeting, the City Council directed staff to
move forward with the ETJ release request from the Aspen Park Development.
The Public Utilities Board recommended approval (6-0) of releasing the 59.99-acre CCN but did
not feel they had authority to recommend ETJ boundary adjustments to the City Council. The
PUB also continued to express their desire for staff to take a holistic approach to the boundaries
of the Denton-Krum ETJ to achieve adjustments that eliminated or minimized the splitting of
undeveloped tracts of land and resulted in no net loss of Denton's ETJ. The March 28, 2005
PUB agenda item and meeting minutes are included in the attachments.
The Planning and Zoning Commission recommended approval (6-0) of releasing the 7.011 acres
of Denton's ETJ. The April 27, 2005 Planning and Zoning meeting minutes are included in the
attachments.
Denton will still provide wholesale water and wastewater service to the development under this
proposal and the 7-acre ETJ area, if retained, would have marginal development potential for
Denton for the foreseeable future. Staff has investigated the issue of seeking compensation for
the loss of Denton's CCN to Krum, but does not recommend this for the following reasons:
1. The water CCN is dually certified.
2. Discussions with individuals closing following the pending CCN legislative bills in Austin
would suggest this action may not be advisable for City's to pursue at this particular time.
3. Denton will be better able to provide wastewater to this area at this time through Krum's
wastewater collection system and Denton's current wholesale wastewater services contract
will enable the City of Denton to receive wastewater impact fees and wholesale wastewater
revenues.
4
Staff Recommendation
Based on the above findings, staff recommends approval to release 7.011 acres of Denton's
extraterritorial jurisdiction (ETJ) to the City of Krum for the Aspen Park Development. Staff
also recommends approval to execute the Service Area Designation and Transfer Agreement to
allow the City of Krum to provide retail water and wastewater service to the 59.99 acre Aspen Park development, pending annexation by the City of Krum.
5
ORDINANCE N0.2005-
AN ORDINANCE OF THE CITY COUNCIL OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE AREA DESIGNATION
AND TRANSFER AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND THE CITY OF KRUM, TEXAS WHEREIN THE CITY OF DENTON TRANSFERS
AND ASSIGNS ITS RETAIL WATER AND SEWER SERVICE RIGHTS IN AND TO THE
TWO TRACTS KNOWN AS ASPEN PARK PHASE ONE AND ASPEN PARK PHASE TWO
ADDITIONS TO THE CITY OF KRUM, TEXAS, FOR A TOTAL OF 59.99 ACRES OF
LAND; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas has been requested by the City of Krum, Texas to
transfer its service rights for retail water service (Water CCN No. 10195) and wastewater service
(Sewer CCN No. 20072); so that the City of Krum may serve a new residential development
named Aspen Park Phase One and Aspen Park Phase Two (the "Additions") with both retail
water and wastewater service; said additions total 59.99 acres of land; and
WHEREAS, Aspen Park, L.P., the Developer of said Additions desires that the Additions
be annexed by the City of Krum, Texas and that they be furnished with both retail water and
wastewater service by the City of Krum; and
WHEREAS, Aspen Park Phase One is located within the City of Krum's extraterritorial
jurisdiction (being 52.979 acres of land); while Aspen Park Phase Two is located within the City
of Denton's extraterritorial jurisdiction (being 7.011 acres of land). In a separate agenda item
following this item, the City Council shall conduct a public hearing on the release of Denton's
7.011 acres of extraterritorial jurisdiction to the City of Krum; thereafter the Council will
consider an ordinance approving a "Boundary Adjustment Agreement" that confirms the release
of the 7.011 acres of extraterritorial jurisdiction to the City of Krum; and
WHEREAS, provided that the City Council approves both the assignment and transfer of
the retail water and wastewater service rights to the City of Krum, Texas hereunder; as well as
the release in a separate agenda item by the City of Denton, Texas of the 7.011 acres of
extraterritorial jurisdiction to the City of Krum; and
WHEREAS, the City Council of the City of Denton, Texas hereby announces that it will
pass upon the facts and circumstances of the future requests and applications of other cities and
developers in the future; it being the Council's intention to announce to the citizens of the City
that it will consider the individual facts and circumstances presented to it, and there is no policy
of the City Council regarding such requests and applications; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the recitations contained hereinabove contained are true and correct
and shall be deemed to be a part of this Ordinance.
SECTION 2. That the City Manager is authorized to execute a "Service Area
Designation and Transfer Agreement" by and between the City and the City of Krum, Texas,
1
substantially in the form of the attached Agreement, which is incorporated herewith by reference
and made a part of this Ordinance for all purposes.
SECTION 3. That this ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the day of , 2005.
EULINE BROOK, MAYOR
ATTEST:
JENNIFER ~UALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By:
S:10ur Documentsl0rdinances1051Krum Service Area Designation and Transfer Agreement-2005.doc
2
AGENDA INFORMATION SHEET
AGENDA DATE: August 2, 2005
DEPARTMENT: Fiscal Operations
ACM: Kathy DuBose
SUBJECT
Consider approval of a resolution nominating a member to the Board of Directors of the
Denton Central Appraisal District; and declaring an effective date.
BACKGROUND
The Denton Central Appraisal District (DCAD) has notified the City of a vacancy on the
Board of Directors. Generally, Board of Directors are nominated and elected by taxing
jurisdictions once every other year. (All members of the existing board will complete their
terms in December 2005.) Mr. Richard Smith will be moving in the very near future and the
Board is requesting nominations to fill his vacancy and complete his term. The chief
appraiser will deliver the nominations to the Board of Directors and by majority vote; one of
the nominees will be selected to fill the vacancy.
Eligibility Guidelines:
• The selection process is set forth in Section 6.03 of the Property Tax Code as follows, "If
a vacancy occurs on the board of directors other than a vacancy in the position held by a
county assessor-collector serving as a nonvoting director, each taxing unit that is entitled
to vote by this section may nominate by resolution adopted by its governing body a candidate to fill the vacancy. The unit shall submit the name of its nominee
to the chief
appraiser within 10 days after notification from the board of directors of the existence of
the vacancy, and the chief appraiser shall prepare and deliver to the board of directors
within the next five days a list of the nominees. The board of directors shall elect by
majority vote of its members one of the nominees to fill the vacancy."
• An appraisal district director must reside in the appraisal district for at least two (2) years
immediately preceding the date he or she takes office. Most residents are eligible to
serve as a director.
• An employee of a taxing unit served by the appraisal district is not eligible to serve as a
director. However, if the employee is an elected official, he or she is eligible to serve.
• A statute relevant to the Board selection process prohibits nepotism and conflict of
interest for appraisal district directors and chief appraisers. In summary, the law states
that:
......."a person may not serve as director of closely related to anyone in the appraisal
district or if related to anyone who represents owners in the district, or if the person has
an interest in a business that contracts with the district or a taxing unit. A chief appraiser
may not employ someone closely related to a member of the board of directors".
Agenda Information Sheet
August 2, 2005
Page 2
• EXPERIENCE - In considering individuals to serve as directors, taxing units should look
for expertise in such areas as accounting, finance, management, personnel administration,
contracts, computers, real estate or taxation. Historical involvement in local government
activities also indicates that someone should make an excellent Board member.
• FREQUENCY OF MEETINGS -The applicable statutes require the board of directors to
meet not less often than once each calendar quarter. The DCAD Board meets more often
than is required by law.
FISCAL INFORMATION
There is no fiscal impact to the City of Denton.
EXHIBITS
DCAD Notification Memo
DCAD Board of Directors
Resolution
Respectfully submitted:
t~ r ~ /
. . ~ rt
Diana G. Ortiz
Director of Fiscal Operations
ENTON ENTRAL PPRAISAL I~TRICT
. 3911 MaRSE STREET, P ~ Box 281
_ - DENTON, TEXAS 7G~U2~-Z81G
- ~ V
J~~ ~ ~ f~~
MEMO
_ DATE: July 1, 2005 _ .
To: All Taxing Jurisdictions
FROM: Denton Central Appraisal District Board of Directors
SUBJECT: Vacancy on Board of Directors
The Denton Central Appraisal District Board of Directors is requesting nominations for a
vacancy on the Board of Directors. The vacancy is to complete a term that expires
12131!05. All nominations must be submitted to the Chief Appraiser by resolution within forty-five days after receiving this notification. The Chief Appraiser will deliver the
nominations to the Board of Directors and by maj onty vote one of the nominees will be
selected to fill the vacancy,
PHONE: X940} 349-3800 METRO: ~97Z} 434-2b02 FAX; X940} 349-3801
DENTON CENTRAL APPRAISAL DISTRICT
BOARD OF DIRECTORS
2004-2005
Terms ending December 2005
Lee Baker
616 Paisley Drive
Flower Mound, Texas 75028
Ben Harmon
917 Angela Ct.
Lewisville, Texas 75067
Steve Mossman
P. 0. Box 1249
Denton, Texas 76202
Richard Smith
1026 West Main St., Ste. 203
Louisville, Texas 75067
Charles Stafford
1903 Williamsburg Row
Denton, Texas 76209
Rick Woolfolk
115 w. College St.
Denton, Texas 76201
"Dedicated to Quality Service"
www.cifyofdenfon.com
~:I~ur Do~umentslResolutions1~51no~ninate central appraisal distri~t,dac
REDLL~TI~N
~ RE~LUTI~N N~INATIN EBER T~ TFIE BDARD OF I~IRET~R ~F THE
DENTIN CENTRAL AP~RAIAL DITRIT; AND DELARINx AN EFFECTIVE DATE.
HEREA, 'vacancy exists far the ward of Directors of tl~e Dentan ent~al Appraisa~I
District; and
HEREA, the pity of Dentan, Teas wishes to nominate a merriber tv said Board; .
N~, T~EREF~RE,
TAE ~~JNCIL ~F THE ~I'Y ~F DENTIN, TEAS HEREBY RE~LVE: .
ETI~N I ~ That the pity of Denton, Texas hereby nominates
s a ~nen~ber to the Board of Directors of the Denton entrap Appraisal Distri.et far the remaining
term and expiring December, ~aa~.
ETI~N Z. That ~ resolution shall became effective ~mmed~ately upon Its passage
acid apprava~.
PAED AND APF~.~VED this the day of ~aa~.
ATTEST;
JENNIFER ALTER, ITS E~RETAR
BY:
AP~R~VED A T~ LEAD FARM:
EDP NI. NYDER, Y AT RNE
BY:
I