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AGENDA
CITY OF DENTON CITY COUNCIL
January 4, 1994
Regular Meeting of the City of Denton City Council on Tuesday,
January 4, 1994 at 7:00 p.m. in the Council Chambers of City Hall,
215 E. McKinney, Denton, Texas at which the following items will be
considered:
1. Pledge of Allegiance
2. Presentation of the Keep America Beautiful, Inc. National
Awards.
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3. Public Hearings
A. Hold a public hearing and consider adoption of an
ordinance adopting a Planned Development Concept Plan, of
j 5.25 acres, a change in zoning from a Planned Development a
district (PD124) to Single-family districts (SF-10 and
SF-7) on 38.28 acres, and a change in zoning from an
agricultural district (A) to single-family districts (SF-
10 and SF-7). The 38.28 acre site is located east of
Loop 288, north of Kings Row, and generally west of
Farris Road. (The Planning and Zoning Commission
recommends approval, 7-0.) Z-93-026
j
B. Hold a public hearing and consider adoption of an
ordinance approving a concept plan, detailed plan and
{ variances to the subdivision Regulations for Planned
Development District 118. The 163.93 acre site is `
located on U. S. Highway 377 at Brush Creek Road. (The !
Planning and Zoning commission recommends approval, 6-1.) }
Z-93-027 s
C. Hold a public hearing and consider adoption of an
ordinance rezoning 23.2520 acre3 from SF-16 to Planned
Development District and consider approving the detailed
plan. The tract is located north of and abutting Ryan
Road on Forrestridge Drive. (The Planning and Zoning
Commission recommends approval, 7-0.) Z-93-028
4. Consider approval of a variance of the Subdivision and Land
EE Development Regulations for the Dearwood Addition regarding
cul de sac length. (The Planning and Zoning Commission
6f recommends approval, 7-0.)
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City of Denton City Council Agenda AD"
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January 4, 1994
Page 2
5. Consent Agenda
a
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 and purchase orders to be approved for
payment under the Ordinance section of the agenda. Detailed back- r
up information is attached to the ordinances (Agenda items 6.A0
6.6, 6.C). This listing is provided on the Consent Agenda to allow
Council Members to discuss or withdraw an item prior to approval of 0
the Consent Agenda. Upon the receipt of a Irrequest to speak" form 1
from a citizen regarding an item on the Consent Agenda, the item
shall be removed and be considered before approval of the Consent
Agenda.
A. Bids and Purchase orders:
1. Bid 11560 - Pole Inspection j
F 2. P.O. 126052A - Gracon Construction
li !
B. Plats and Replats
1. Preliminary plat of Lots 1-30, Block A, and Lot 1, j
Block B, in Phase One; Lots 1-31, Block A, in Phase
Two; plus Lots 1-14, Block A, and Lots 1-22, Block
B, in Phase Three; of the Deerwood Subdivision.
r This 38.28 acre tract is located east of Loop 288, E
north of Kings Row, and generally west of Farris f
Road. (The Planning and Zoning Commission
( recommends approval, 7-0).
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2. Preliminary plat of Denton Country Club Estates,
Block 1, Lots 1-87 and Parcel G-3; Block 2, Lots 1-
52 and Parcel 9-1; Block 3, Lots 1-47; Parcel G-2.
The 142.39 acre site is located on U. S Highway 377 ;
at Brush Creek Road. (The Planning and Zoning
commission recommends approval, 6-1.)
:
C. contracts
1. Contract with the City of Hickory Creek for
ambulance services.
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Agendatio °
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City of Denton City Council Agenda Agenda
January 4, 1994 natP- / - Z-
Page 3 PO -4
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6. Ordinances/Resolutions - Consent Agenda
A. Consider adoption of an ordinance accepting competitive
bids and providing for the award of contracts for public
works or Improvements. (5.A.1. - Bid 01560)
B. Consider adoption of an ordinance authorizing the
execution of a change order to a contract between the
City of Denton and Gracon Construction; and providing for
E an increase in the contract price. (5.A.2. - P.O.
#26052A)
C. Consider approval of a resolution approving an interlocal
ambulance agreement between the City of Denton and the
City of Hickory Creek for ambulance services. (5.A.3) e
7. Resolutions
A. Consider approval of a resolution authorizing the Mayor
to execute a release relative to the estate of Ruth I.
Anderson.
B. Consider approval of a resolution authorizing submission
for certification to regulate certain cable rates and
` services; authorizing the City Manager to sign documents
necessary to obtain certification, and to determine and
implement such rates and regulations.
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h 8. Consider a request from the Greater Den
ton Arts Council to
redesignate Laylor funds designated for historical restoration
and adaptation of the old steam plant at the corner of Hickory
Street and Bell Avenue for use on the Campus Theater and give p
staff direction.
96 Miscellaneous matters from the City Manager.
f 10. Official Action on Executive Session Items:
A. Legal Matters
' i B. Real Estate
C. Personnel
D. Board Appointments
11. New Business
This item provides a section for Council Members to suggest
y, items for future agendas.
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City of Denton City Council Agenda
January 4, 1994 iQ@ndali°v
Page 4 Iale
12. Executive Sessions
i
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sao. 551.074
NOTE, THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS
LEGALLY PERMISSIBLE. p)
C E R T I F I C A T E y
I 1 1 )
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 , 1993 at o'clock (a.m.)
CITY SECRETARY
NOTE, THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN 1
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
' i ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 566-8309 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.
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CITY COUNCIL REPORT FORMAT L y 0
T0: Mayor and Members of the City Counoil
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Change in zoning for 38.28 acres known as the Deerwood
subdivision.
RECOMMENDATION:
See attached report.
,SUMMARYs
See attached report.
BACKGROUND:
r
See attached report.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
Property Owners
FISCAL IMPACT:
f
a None.
w RESP LLY SP)aMITTE
loyd . Harrell
s City Manager
Prepare s
111 0. Owen Yost,
ac
r; Approved:
c, i^^ Fe-~Mn~e
Frank H. Robbins, AICP -
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CITY COUNCIL REPORT FORMAT °24/
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Change in zoning for 38.28 acres known as the Deerwood
subdivision.
RECOMMENDATION:
See attached report.
SUMMARY:
See attached report.
i
BACKGROUND:
See attached report.
I PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
t
1 Property Owners
E
FISCAL IMPACT:
None.
F
RESP LLY FZE
Loyd . Harrell
City Manager
Prepare :
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'C. Owen Yost,
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Approvedt
Frank H. Robbins, AICP
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Agenda No. 1n~- o o i
Agendalterrt,
REPORT Oates
TO: Mayor and members of the City Council '2y/
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Case No.: Z-93-026 Meeting Date: January 4, 1994
3
GENERAL INFORMATION
Applicant: Greenfield Woods Joint Venture
2400 F.M. 2181
Denton, TX 76205 x
Current Owner: Edmond S. Bright and partners, f
dba Greenfield Woods Joint Venture
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1 Requested Action: 1. Consider a Concept Plan of 5.25
i acres.
1 2. Consider a change in zoning from a
planned development district
(PD-124) to single-family districts
(SF-7 and SF-20).
3. Consider a change in zoning from an
agricultural district (A) to single-
family (SF-10 and SF-7).
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j Location and sizes
The 38.28 acre site is located east of Loop 288, north of
Kings Row, and generally west of Farris Road.
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' Surrounding Land Use and Zoning:
North - Agricultural land, and single-family uses
outside of the City Limits.
South - Undeveloped, Agricultural land.
f } East - Undeveloped Agricultural land, and some undo- ;
veloped SF-7 land.
West - The right-of-way of Loop 288.
to detail of the current zoning map has been attached to
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report)
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Agenda No qy- o o i_
Agenda 1 te34
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Denton Development Plan: 3 ~ a
Low Intensity Area No. 31 (60 trips per acre)
SPECIAL INFORMATION
Transportation:
Additional right-of-way for a future collector 'r
i street for the extension of Deerwood Parkway/Greenfield 4
f Woods Parkway north to Hartlee Field Road would be
dedicated via plat.
Kings Row and Farris Road are "prescriptive" rights-of- i
way never having been officially dedicated to the City.
In the platting process, the applicant will dedicate the
abutting half of these roads, and will pave a 24 foot
width.
i
Paved alleys will be provided to serve eleven
lots in Phase III.
Utilities:
Street lighting (for interior streets) will be provided
per City specifications.
A perimeter water line is not required.
U
Drainage: {
No part of the tract is within the 100-year floodplain.
However, the applicant will construct minor drainage
facilities as per the plat.
HISTORY
The approximately .5 acres that is currently zoned Agricultur-
{ al has been zoned Agricultural since zoning was initiated.
The tract shown as Section 2 in the original concept plan has
been rezoned to SF-7 by Northwest Baptist Church, and is not
included in this property.
i
The planned development (PD-124) concept plan was established
by Ord. 86-198 on 10/7/86. A Detailed Plan was subsequently
approved on 8/12/87 for what is proposed as Phase 11. A
,R Detailed Plan was also approved on 10/20/87 for Phase III.
Prior to 10/7/86, the land was zoned Agricultural.
ANALYSIS.
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ANALYSIS
The intensity area is 834 allocated, so 174 of the intensity
trips (9434.5 trips) are available for allocation within the
924.95 acre area.
The proposal requires 10 trips per single-family unit (there
are 98 potential units) for a 980 trip (98 x 10) demand. In
addition, 5.25 acres is proposed for retail use, using 650
P r The sum 980 + 3412,5
trips per acre for 3412.5 trips, ( ) is
4392.5 trips.
S
The existing PD-124 was allocated 5520 intensity trips (4550
+ 260 + 710). This is a decrease of 1128 intensity ',-rips
(from 5520 to 4392.5) in allocated intensity trips for this
site. For the entire study area, there would be 10315.5
unallocated intensity trips.
There are retail uses conceptually proposed for the northeast
corner of Loop 288 and Kings Row. Since .25 acres of this r
' will be dedicated as right-of-way, the net size of this retail
area is 5 acres. This is in compliance with the Denton
Development Plan policy which states "The area of non-residen-
tial centers vary from 2 to 5 acres depending on their access
to a specific category of throughfare." Plan policy allows for
up to five acre tracts for non-residential freeways. Loop 288
is designated as a freeway.
NOTIFICATION
25 notices of the proposal have been mailed to property
owners, within the City Limits, within 200 feet of the
site. As of ti:is writing, none have been returned.
i
I
.J RECO?4tENDATION I{
The commission recommends approval of the three requested j
actions within 2-93-026, since they comply with policies of
the Denton Development Plan. 6
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ALTERNATIVES 3
1. Approve application I
2. Approve application with conditions
3. Deny application
o. 4. Postpone
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Agenda~te
ATTACHMENTS
1. Location Map
2. original PD-124 plan
3. Commission minutes
4. zoning Exhibit
5. zoning Map (current)
6. Draft ordinance
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ATTACHMENTS
1. Location Map
2. original PD-124 plan
3. Commission minutes
4. Zoning Exhibit
5. Zoning Map (current)
b. Draft ordinance
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Deerwood ~5 a NORTH
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Date: 1214/93 Sale: None
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Planned Development No. 124 Orlglna) Concept Plan
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Date: 12/3/93 Scale: None
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Planning & zoning
Minutes
December 8, 1993
Page 20
r IV. Deerwood Subdivision.
( A. Hold a public hearing to consider a Concept Plan of 5.25
acres for general retail uses, a change in zoning from a
planned development district (PD-124) to single-family
districts (SF-7 and SF-10), and a change in zoning from
the agricultural district (A) to single family (SF10).
eeacre tract located east o Roa266, d, north
of Kings Row and generally west of Parris
STAFF REPORT: given by Owen Yost. Mr. Yost said the 38.28
acre site is located east of Loop 288, north of Kings Row, and
west of Farris Road. The current owner of the property is
Edmond Bright and partners, dba Greenfield Woods Joint
to the north is Agricultural, and there
Venture. The zoning
are single-family uses outside of the City Limits. To the
are
the east the land is
To
south the land is undeveloped.
undeveloped Agricultural land and there is some undeveloped
is the SF-7 land. To the vast
is a low intensity area. The approximately y 5 of Loop acres 2that is
currently zoned Agricultural has been zoned Agricultural
since zoning was initiated. The tract shown as Section 2 in
the original concept plan has been rezoned to SF-7, and is not
included in this property. The intensity area is 83 percent
allocated, so 17 percent of the intensity trips are available
for allocation within the 924.95 acre area. Twenty five
notices were mailed to property owners, none were returned.
RECOMMENDATION: Staff recommends approval of the three
requested actions within z-93-026, since they comply with
policies of the Denton Development Plan.
PETITIONERS Brian Burke, 1308 Auburn Drive. Mr. Burke said
he had been involved with this piece of property for seven or
eight years. There were originally nine lots for SF-10. }
Currently there are seven and all of the blue area on the
overhead was designed as SF-7 and all of the lots will be
100000 sq. ft. The green area was made smaller than the
original plans. The park has been eliminated. Mr. Bright,
the owner met with the Parks Department and they wanted a cash
donation instead of a park area.
IN FAVORS Ed Bright, 200 F.M. 2181. Mr. Bright said he was
the developer. He said he would be glad to deal with any
concerns of the property owners. He said he had enjoyed
working with the City Staff.
4 IN OPPOSITION: None
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Planning i Zoning
Minutes U
December 8, 1993
Page 20
F' IV. Deerwood Subdivision.
A. Hold a public hearing to consider a concept Plan of 5.25
in zoning from a
acres for general retail
planned development district uses, (PD-12-4) e to single-family
districts (SF-7 and SF-10), and a change in zoning from
tho agricultural district (A) to single family (SF10).
eeacre tract located east Road. north
of Kings Row and generally west of Farris
STAFF REPORT: given by Owen Yost. Mr. Yost said 'rho 38.28
acre site is located east of Loop 288, north of King; Row, and
west of Farris Road. The current owner of the property is
Edmond Bright and partners, dba Greenfield Woods Joint
Venture. The zoning to the north is Agricultural, and there
are, single-fast e lanl is uses outside
the t east m the land t
undeveloped. of To the
south is
undeveloped Agricultural land and there is some undeveloped
SP-7 land. To the west is
a low Intensity area. The approximately 5 of Loop acres 2that is
currently zoned Agricultural has been zoned Agricultural
since zoning was initiated. The tract shown as Section 2 in
the original concept plan has been rezoned to SF-7, and is not
included in this property. The intensity area is 83 percent
allocated, so 17 percent of the intensity trips are available
for allocation within the 924.95 acre area. Twenty five
notices were mailed to property owners, none were returned.
RECOMMENDATION: Staff recommends approval of the three
requested actions within Z-93-026, since they comply with
policies of the Denton Development Plan.
PETITIONER: Brian Burke, 1308 Auburn Drive. Mr. Burke said
eightd yebeen involved ars. There were this e nine elotsf for seven
Currently there are seven and all of the blue area on the
overhead was designed as SF-7 and all of the lots will be
10,000 sq. ft. The green area was made smaller than the
original plans. The park has been eliminated. Mr. Bright,
the owner met with the Parke Department and they wanted a cash
donation instead of a park area.
IN FAVOR% Ed Bright, 200 F.M. 2181. Mr. Bright said he was
the developer. He said he would be glad to deal with any
concerns of the property owners, He said he had enjoyed
working with the City Staff.
IN OPPOSITION: None
~gen6No 1 - o r
Planning i Zoning ~gendafter~_„~
Minutes
December 8, 1993
Page 21 51
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Ms. Flemming asked what size the homes would be.
Mr. Bright said they would be about 1,so0 sq. ft.
Dr. Huey asked about the Concept Plan for General Retail.
Mr. Yost said all retail uses are approved, but the applicant
would have to come before the Commission and show a detailed
plan and a development plan. The general concept plan is the
most general plan.
Mr. Cochran moved to recommend approval, Dr. Huey seconded and
the- motion carried unanimously (7-0).
B. Hold a public hearing to consider a variance from Section 34-
114, Article 11 (Subdivision and Land Development Regulations)
which limits the length of a cul-de-sac to 1,000 feet.
STAFF REPORTS given by David salmon. Mr.
that the application was submitted by Edmond BrSalmon ight, owner of
the proposed Deerwood Subdivision for a variance of Section
34-114, Article 11 concerning cul de sac length. article requires that cul de sacs be non longer than The
c1000
feet. Mr. Bright proposes a cul de sac length of 1140 feet
for Fawn Drive located in the northwest portion of the
proposed Deerwood Subdivision. In order for the Commission to
recommend a variance to the City Council, the applicant must
demonstrate that all three criteria set forth in section 34-7
of the Subdivision and Land Development Regulations are met.
The three criteria are:
1. Granting the request would not violate any master plans.
2. The special condition which the request is based relate to
the topography, shape or other unique feature of the
property.
3. The special condition did not result or was not created by
the owner0s omission.
RECOMMENDATIONS Staff recommended a
?<< pproval of the variance.
PETITIONER: Brian Burke. Mr. Burke said he and the developer
K did work hard on the plan. He said they felt that this was
the best plan for the property.
IN FAVOR: None
IN OPPOSITION: None
Mr. Norton made the motion to approve the variance as
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAG, AMENDING THE CONCEPT
PLAN FOR PLANNED DEVELOPMENT (PD) NO. 124 BY REDUCING IT TO 5.25
ACRES FOR GENERAL RETAIL USES; BY CHANGING 7.76 ACRES OF PD NO. 124
TO SINGLE FAMILY - 10 (SF-10)1 BY CHANGING 24.73 ACRES OF PD NO.
124 TO SINGLE
FAMILY - 7 (SF-7)f AND BY AMENDING .56 ACRES OF AN
AGRICULTURAL (A) ZONED DISTRICT BY CHANGING .388 ACRES OF SUCH
DISTRICT TO SF-10 AND .174 ACRES OF SUCH DISTRICT TO SF-7; SUCH
38.28 ACRES BEING LOCATED EAST OF LOOP 288, NORTH OF KINGS ROW AND
GENERALLY WEST OF FARRIS ROAD; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Greenfield Woods Joint Venture has applied for an
amendment to Planned Development (PD) No. 124, as set forth in
Ordinance No. 86-198, by requesting a reduction in the concept Plan
to 5.25 acres; by changing 7.76 acres and 24.73 acres of land
formerly in PD No. 124 to Single Family - 10 (SF-10) and Single
Family - 7 (SF-7), respectively, and by requesting an amendment to
an Agricultural (A) Zoned District consisting of .56 acres to form
a 338 acres district of SF-10 and a .174 acres district of SF-7;
and
WHEREAS, on December 8, 1993 the Planning and Zoning Commis-
sion, after a public hearing, recommended approval of the requested
changes; and
WHEREAS, the city council finds that the proposed amendments
will be in compliance with the Denton Development Plant NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: r
SECTION I. That Ordinance No. 86-198 (PD No. 124), providing
approval of a planned development zoning district classification {
' and use designation for 50.5 acres of land, is hereby amended by
' reducing the Concept Plan for general retail uses for PD No. 124
to 5.25 acres as described in Exhibit "A"f by changing 7.76 acres
of former PD No. 124 as described in Exhibit "B" to Single Family -
10 (SF-10) zoning district classification and use designation; by
changing 24.73 acres of former PD No. 124 as described in Exhibit
"C" to Single Family - 7 (SF-7) zoning district classification and
use designation; and by amending an Agricultural (A) zoning
district classification and use designation of .56 acres of land
into a .388 acre SF-10 zoning district classification and use
designation as described in Exhibit "D" and a .174 acre SF-7 zoning
district classification and use designation as described in Exhibit
"E", all such Exhibits being attached hereto and made a part hereof
for all purposes.
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SECTION II. That the provisions of this ordinance as they
apply to the SF-10 and SF-7 zoning district classifications and use
designations shall govern and control over any conflicting
provision of ordinance No. 86-198, but all the provisions of Ordi-
nance No. 86-198 as they apply to that remaining portion of the PD
zoning district classification and use designation not herein
amended, shall continue in force and effect and shall apply to the
remainder of said district.
SECTION III. That a copy of this ordinance shall be attached f
to Ordinance No. 86-198, showing the amendment herein approved.
SECTION IV. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$20000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
UMION V.. That this ordinance shall become effective fourteen
(14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be pub-
lished twice in the Denton Record-Chronicle, the official newspaper
of the City of Denton, Texas, within ten (10) days of the date of
its passage.
PASSED AND APPROVED this the day of , 1994•
1
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCM, CITY ATTORNEY
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EXHIBIT A igenUter~' r..~+•••~
Page 1 of 2 late I- S~ 4
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DEERWOOD PHASE 1
GENERAL RETAIL
All that certain tract of land situated in the Daniel P. Culp Survey# Abstract
No. 281 in Denton County] Texas and being pact of a 51.968 acca tract of land
conveyed Tele Associates
County# Texas, and recorded being moree pa3014# Page rticularly 553 of the
Deed Records of Denton described
from record information as follows:
BEGINNING at a called 1/2 inch iron rod at the Southerly Southwest corner of
the Teasley Road Associates tract at the intersection of the Center line of
Kings Row with the Best Right-cf-way of Loop 286;
THENCE North 15 Degrees 13 Minutes 13 Seconds Nest with the East Right-of-way
of Loop 288 a distance of 25.17 feet to a called 1/2 inch iron rod;
THENCE North 51 Degrees 16 Minutes 16 Seconds Nest continuing with the said
East Right-of-way line a distance of 286.19 feet to the Westerly Southwest
corner of the said Teasley Road Associates tract;
THENCE North 11 Degrees 15 Minutes 16 Seconds West along the said West line a
distance of 159.92 feet to a called 1/2 inch iron cod called to be 311.1 feet
southerly from the Northwest corner thereof;
THENCE North 89 Degrees 13 Minutes 12 Seconds East a distance of 681.71 feet;
THENCE South 11 Degrees 52 Minutes 55 Seconds East a distance of 371.89 feet
the South line of the Teasley Road Associates tract in the center of Kings Row;
THENCE South 89 Degrees 17 Minutes 15 Seconds West with the South line of the
Teasley Road Associates tract along the center of Kings Row a distance of
165.113 feet to the POINT OP BEGINNING and enclosing 5.25 acres of land. I
This description was prepared from record information.
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EXHIBIT B Agenda No,
Page 1 of 2 Age daltem- 11A
Date
DEERWOOD PHASE 2
SF-10 ZONING
All that certain tract of land situated in the James Coltart Survey Abstract
Number 288 in the City and County of Denton, Texas and being a part of the
called 65.9975 acre tract described in the Deed from Dora Lee Reese to Teasley
Road Associates recorded in Volume 1541 Page 169 of the Real Property Records
of Denton County, Texas as recognized and occupied on the ground; the subject
tract being more particularly described from recoru information as follows:
DEGINNING for the Northwest Corner of the tract being described herein, at an
iron rod found at the Northwest Corner of the said 69.9975 acre tract, same
being the Southwest Corner of the Oak Bend Estates as shown on the plat thereof
recorded in Cabinet B Slide 230 of the Plat Records of Denton County, Texas;
THENCE North 89 Degrees 17 Minutes 19 Seconds East with the North line of the
said Teasley Road Associates Tract and the South line of the said Oak Bend
Estates a distance of 766.17 feet to an iron rod at the Northwest Corner of a
called 2.010 acre tract described in the Deed from Dora Lee Reese to Fumike N.
Rudd recorded in Volume 1117 Page 850 of the said Deed Records;
THENCE South 01 Degrees 10 Minutes 31 Seconds West with the West line of the
said Rudd Tract at 218.66 feet passing its Southwest Corner and continuing
along said course, in all, a total distance of 328.96 feet to a point in the
North line of Grant Parkway for the Southwest Corner of Lot 5, Block A of
Greenfield Woods Addition, Section One, Phase Al
THENCE South 69 Degrees 30 Minutes 25 Seconds West with the North line of said
parkway a distance of 42.87 feet to a point at the beginning of a curve to the
left having a radius of 330.00 feet;
i THENCE with the arc of the said curve, an arc length of 178.52 feet (chord
k bearing South 74 Degrees 01 Minutes 32 Seconds West a distance of 116.35 feet)
to a point for the Northeast Corner of Lot 11, Block B of the said Greenfield
Woods Addition;
THENCE North 42 Degrees 37 Minutes 54 Seconds West with the North line of the
said Lot 11 a distant, of 114.56 feet to the Northwest Corner therec.; i
THENCE is a Southwesterly direction along the Westerly line of the said Block B
the following 4 courses and distances:
1) South 47 Degrees 31 Minutes 43 Seconds West a distance of 89.19 feet;
1) South 38 Degrees 35 `:i!utes 04 Seconds West a distance of 89.11 feat;
3) South 24 Degrees 57 Alnutes 18 Seconds West a distance of 89.19 feet;
41 South 14 Degrees 96 ~11nutes 34 Seconds West a distance of 80.73 feet to
the Southeast corner of proposed lot Number 25;
THENCE North 83 Degrees 12 Mir,ites 22 Seconds East with the South line of Lot
tA` Number 25 a distance of 128.83 feet more or less to the East Right-of-vay of a
proposed street;
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EXHIBIT B f s/ 9l
Phase 2r SF-19
Page 2
THENCE Southwesterly with the East Right-of way of the proposed street along
the arc of a curve having a radius of 549.20 feet, an arc length of 66.3b
(chord bearing South 63 Degrees 15 Minutes 21 Seconds West a distance of 66.32
feet) to the end of the curve;
THENCE South 09 Degrees 15 Minutes 49 Seconds West continuing with the East
Right-of-way of the proposed street a distance of $9.29 feet more or less;
THENCE South 89 Degrees 44 Minutes 11 Seconds West passing at 50.0 feet the
Southeast corner of proposed Lot Number 18 and continuing with the South line
thereof, in all, a total distance of 149.90 feet;
THENCE North 39 Degrees 57 Minutes 48 Seconds West a distance of 33.94 feet to
i the West line of the said 60.9975 acre tract;
THENCE North 00 Degrees 15 Minutes 48 Seconds West with said West line a
distance of 101.11 feet]
THENCE North 50 Degrees 02 Minutes 11 Seconds East a distance of 131.39 feet;
THENCE North 40 Degrees 17 Minutes 29 Seconds West a distance of 130.00 feet;
THENCE North 50 Degrees 62 Minutes 13 Seconds East a distance of 84.46 feet;
THENCE North Degrees 17 Minutes 29 Seconds West
a distance of 128.22 feet to
{ a point in the lest line of the said 60.9975 acre tract;
THENCE North 60 De9rces 15 Minutes 49 Seconds West with the said West line a
111 distance of 213.66 feet to the POINT OF BEOINNINO and enclosing 7.762 acres of
land.
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This description was prepared from record information.
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Agenda No. -oa
EXHIBIT C a,gEnd2ltem~
Page 1 of 5 2zte Sly
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DEERWOOD PHASE 1
SF- 7
ALL that certain tract of land situated in the Daniel P. Culp Survey, Abstract
No. 287 in Denton County, Texas, and being part of a called 51.969 acre tract
of land conveyed to Teasley Road Associates as recorded in Volume 3914, Page
553 of the Real Property Records of Denton County, Texas, and being more
particularly described from record information as follows:
BEGINNING at a called 1/2 inch iron rod at the intersection of the West line of
Greenfield Parkway (69' R.O.V.) and the Center line of Kings Row in the South
line of the said Teasley Road Associates tract;
THENCE South 89 Degrees 17 Minutes 15 Seconds Vest along the Center line of
Kings Row a distance of 323.73 feet to the Southerly Southwest Corner of the
herein described tract;
i
THENCE North Of Degrees 52 Minutes 55 Seconds Vest a distance of 371.99 feet;
i
THENCE South 19 Degrees 93 Minutes 42 Seconds West a distance of 695.37 feet to
a called 1/2 inch rod in the Vest line of said Teasley Road Associates tract)
THENCE North 91 Degrees 95 Minutes 17 Seconds Vest along the said Vest line a
distance of 311.91 feet to a fence corner at the Northwest corner of the said
Teasley Road Associates tract;
THENCE North 99 Degrees 13 Minutes 42 Seconds East along the said North line a
distance of 979.53 feet to a called 1/2 inch rod in the said Vest line of
Greenfield Parkway as described in the dedication recorded in Volume 2181 Page
511 of the said Real Property Records of Denton County, Texas;
THENCE South 11 Degrees 56 Minutes 19 Seconds East along the said West line a
distance of 61.11 feet to a called 1/2 inch iron rod;
THENCE North 19 Degrees 93 Minutes 43 Seconds East continuing along the said
West line a distance of 29.94 feet to a called "x" in the concrete sidewalk;
THENCE South 19 Degrees 52 Minutes 55 Seconds East continuing along the said
West line a distance of 622.29 feet to the POINT OF BEGINNING and enclosing
9.91 acres of land.
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EXHIBIT C Agenda No -ouL _
Page 2
Agenda
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DEERVOOD PHASE 2
SF-1 ZONING
ALL that certain tract of land situated in the James Coltart Survey Abstract
Number 288 in the City of Denton, Denton County, Texas, and being a part of the
called 60.9975 acre tract described in the deed from Dora Lee Reese to Teasley
Road Associates recorded in Volume 15112 Page 168 of the Real Property Records
of Denton County, Texas, the subiect tract being more particularly described
from record information as follows;
COMMENCING at an Iron rod found at the Northwest corner of the said 66.9975
acre tract the same being the Southwest corner of Oak Bend Estates as shown on
the plat thereof recorded in Cabinet 8, Slide 230 of the Plat Record of Denton
County, Texas;
THENCE South 99 Degrees 15 Minutes 49 Seconds East with the Vest line of the
said 69.9915 acre tract a distance of 658.38 feet;
THENCE South 39 Degrees 57 Minutes 48 Seconds East a distance of 33.91 feet to
the POINT OF BEGINNING for the most Northerly Northwest corner of the tract
being described herein;
THENCE North 09 Degrees 44 Minutes 11 Seconds East passing the Northeast cornet
of proposed Lot Number 19 continuing across a proposed street, in all a total
distance of 149.90 feet more or less to the East right-of-way thereof;
THENCE North 99 Degrees 15 Minutes 49 Seconds East with the East Right-of-way
of the proposed street a distance of 50.29 feet more or less to the beginning
of a curve to the right having a radius of 540.29 feet;
THENCE Northeasterly along the arc of the said curve, an arc length of 66.36
feet more or less Ichord bearing North 93 Degrees 15 Minutes 21 Seconds Past a
distance of 66.32 feet) to the Northwest corner of Proposed Lot Number 24;
THENCE South 83 Degrees 12 Minutes 22 Seconds East with the North line of Lot
Number 24 a distance of 129.83 feet more or less to the Northwesterly line of
Greenfield Woods Section One, Phase A as shown by the plat thereof recorded In {
Cabinet 0 'age 169 of the Plat Records of Denton County, Texas;
THENCE Southwesterly with the Northwesterly line of Greenfield Woods Section
One, Phase A the following 5 callsi
1. South 14 Degrees 66 Minutes 34 S%conda West a distance of 11.39 feet;
?y' 2. South 17 Degrees 12 Minutes 34 Seco^ds W•s. a distance of 79.35 feet;
3. S,)uth 01 Degrees 29 Minutes 35 eeconds East a distance of 147.65 feet;
4. South 31 Degrees 17 Minutes 11 Seconds West a distance of 120.49 feet;
5. South 51 Degrees 29 Minutes 50 Seconds West passing the most westerly
corner of the said Greenfield Woods and continuing, in all, a total
distance of 218.44 feet to the Southwesterly line of a 70 feet THPA
electric easement;
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EXHIBIT C AgeoddNo.
Page 3 Agend2llem..~..
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Phase 2, SF-7
Page 2
THENCE North 49 Degrees 89 Minutes 33 Seconds Vest with the said Southwest line
of the TMPA easement a distance of 91.99 feet more or less to the Vest line of
the said 69.9975 acre tract;
i
THENCE North 99 Degrees 15 Minutes 49 Seconds Vest with the Vest line of the
60.9975 acre tract a distance 139.88 feet; y
THENCE North 58 Degrees 92 Minutes 11 Seconds East a distance of 112.98 feet; t
THENCE North 39 Degrees 57 Minutes 19 Seconds Vest a distance of 191.97 feet to
the POINT OF BEGINNING and enclosing 1,922 acres of land.
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This description was prepared from record information.
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EXHIBIT C A.gendaiiemr 9'/,4-r
Page 4 "31a / `1`' L/
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Deerwood Phase 3
Being a tract of land out the James Coltart Survey, Abstract
No. 288, and the Daniel D. Culp Survey, Abstract No. 287, Denton
County, Texas and being part a 51.068 acre tract conveyed to
Teasley Road Associates as recorded in volume 3014, Page 553 of the
Deed Records of Denton County, Texas and being more particularly
described by metes and bounds as follows:
BEGINNING at a point, same being a found 1/2" iron rod at the
Southeast corner of said Teasley Road Associates Tract and being at
the centerline intersection of the rights of way of Farris Road and
Kings Row;
THENCE South 89' 07' 59" West with the centerline of Kings Row,
same being the South line of said Teasley Road Associates tract and
the South line of the tract herein described, a distance of 420.18
feet to a found 60d nail in the center of a 70' electrical
transmission easement, same being the Southwest corner of the tract
herein described;
THENCE North 400 09' 26" West with the centerline of said
electrical easement and the West line of the tract herein described
a distance of 873.02 feet to a 1/2" iron rod set at the Northwest
corner of the tract herein described, said point.also being in the
South line of Grant parkway as dedicated in Volume 2081, Page 511
of the Deed Records of Denton County, Texas, and being the point of
curvature of a.curve to the left, said curve having a radius of
344.19 feet and a central angle of 050 13' 19";
THENCE in a Northeasterly direction along said curve to the left a
distance of 31.37 feet to a 1/2" iron rod set at the point of
tangency of said curve,
THENCE North 510 29' 50" East with the South line of said Grant
Parkway and the North line of the tract herein described a distance
of 111.67 feet to a 1/2" iron rod set at the Northwest corner of
the right of way of an unnamed future road as dedicated in Volume t
2081, Page 511 of the Deed Records of Denton County, Texas;
THENCE South 39' 57' 48" East with the West line of said future
road right of way a distance of 47.11 feet to a 1/2" iron rod set
at the Southwest corner of said right of way;
THENCE North 500 020 12" East with said right of way line a
distance of 50.00 feat to a 1/2" iron rod set at the- Southeast
i' corner of said right of way;
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EXHIBIT C Agendallertst~~-•.~-w-
Psge 5 Late ~2
THENCE North 390 57' 48" West with said right of way line a
distance of 46.00 feet to a 1/2" iron rod set at Northeast corner
of said right of way, same being in the south line of said Grant
Parkway and being the point of curvature of a curve to the left,
said curve having a radius of 300.00 feet and a central angle of
20° 59' 52";
THENCE in a Northeasterly direction along said curve to the left a
distance of 109.94 feet to a 1/2" iron rod set in the South line of
Grant Parkway, same being the most Northerly Northwest corner of
the tract herein described;
THENCE South 880 57' 44" East, with the North line of the tract
herein described and leaving the South line of said Grant Parkway
and with the south line of a tract conveyed to the Denton
Independent School District as recorded in Volume 1801, Page 818 of
the Deed Records of Denton County, Texas, a distance of 482.57' to
a 3/8" iron rod found at the Northwest corner of a called 1.66 acre
tract conveyed to Irene B. Wilson as recorded in volume 1542,
Page 35 of the Deed Records of Denton County, Texas;
THENCE South 000 04' 22" East with the West line of said Wilson
tract a distance of 258.21 feet to a 3/8" iron rod found at the
Southwest corner of said Wilson tract;
THENCE South 884 55' 20" East with the South line of said Wilson
tract and the North line of the tract herein described, a distance
279.62 to nail set in tteo Farris Road, and
being the most Easterly Northeast corner of the tract rein
described;
THENCE South 000 00' 01" West with the centerline of Farris Road
and the East l h tract described 592.70 feet to the PLACE OF BEGINNING and containing 12.907 acres
of land, more or less.
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A g e n d a t t e m'. 8.,.....,.,....
DEERWOOD PHASE 2 bite /-(/-9V
Aa0. . TO TO SF SF-1B 10N1NC f y .9 3 y ~2 ~
ALL that certain tract of land situated in the James Coltart Survey Abstract
Number 288 in the City of Denton, Denton County, Texas and being a part of the
called 60.9975 acre tract described in the deed from Dora Lee Reese to Teasley
Road Associates recorded in Volume 1541 Page 160 of the Real Property Records
of Denton County, Texas, the subfect tract being more particularly described
from record information as follows:
COMMENCING at an iron rod found at the Northwest corner of the said 60.9915
acre tract same being the Southwest of Oak Bend Estates as shown on the plat
thereof recorded in Cabinet B, Slide 238 of the Plat Records of Denton County,
Texas;
THENCE South 00 Degrees 15 Minutes 49 Seconds East with the West line of the
said 60.9975 acre tract a distance of 213.66 feet to the POINT OF BEGINNING for
the most Northerly corner of the tract being described herein;
THENCE South 40 Degrees 17 Minutes 29 Seconds East a distance of 126.22 feet]
THENCE South 50 Degrees 82 Minutes 13 Seconds West a distance of 84.46 feet;
THENCE South 48 Degrees 17 Minutes 29 Seconds East a distance of 138.00 feet;
THENCE South 50 Degrees 82 Minutes 11 Seconds West a distance of 131.39 feet to
the most Southerly corner of the herein described tract in the said West line
of the said 60.9975 acre tract)
THENCE North 00 Degrees 15 Minutes 49 Seconds West with the said West line a
distance of 333.61 feet to the POINT OF BEGINNING and enclosing 0.388 acres of
land.
This description was prepared from record information only.
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DEERWOOD PHASE 2
AG. TO SF-7 ZONING
i?ELD NOTES to all that certain tract of land situated In the James Coltart
Survey Abstract Number 296 in the City of Denton, Denton County, Texas and
being a part of the called 60.9975 acre tract described in the deed from Dora
Lee Reese to Teasley Road Associates recorded in Volume 1511 Page 160 of the
Real Property Records of Denton County, Texas, the subject tract being more
particularly described from record Information as follows:
COMMENCING at an iron rod found at the Northwest corner of the said 60.9975
acre tract same being the Southwest of Oak Bend Estates as shown on the plat
thereof recorded in Cabinet B Slide 230
of the Plat Records of
Denton County,
Texas;
THENCE South 00 Degrees 15 Minutes 19 Seconds East with the West line of the
said 60.9975 acre tract a distance of 650.36 feet to the POINT OF BEGINNING for
the most Northerly corner of the tract being described herein;
THENCE South 39 Degrees 57 Minutes 18 Seconds East a distance of 135.61 feet;
THENCE South 56 Degrees 02 Minutes 11 Seconds West a distance of 112.06 feet to
a point for a corner in the said West line of the 69.9975 acre tract;
THENCE North 90 Degrees 15 Minutes 19 Seconds West with the said West line a
distance of 175.47 feet to the POINT OF BEGINNING and enclosing 0.174 acres of
land.
This description was prepared from record information only.
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DATE: January 4, 1994 DO M CITY COUNCIT, REPORT
Tai Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Z-93-027, Denton Country Club Estates
RECOMMENDATION:
The Planning and Zoning commission recommends approval 6-1.
E
The applicant is requesting approval of concept Plan, Detail Plan
and variances to the subdivision regulations for Planned
Development District 118. The 163.93 acre rite is located on US
Highway 377 at Brush Creek Road.
BA K RO r►aD:
See P3Z report.
PRQGRAMS DEPARTMENT OR CRnttvc AFFECTED:
Planning and Development
Building Inspections
Engineering
i
FISCAL IMPACT:
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4Respec lly it: Jted:
Harrell
Prepared b City Manager E
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a Debra Goodwin
Urban Planner
Appr ved:
.
f Frank H. Robbins AICP
Executive Director
Planning and Development
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PLANNING AND ZONING COMMISSION REPORT a S
To: Mayor and Members of the City Council
Case No.: Z-93-027 Meeting Date: January 4, 1194
GENERAL INFORMATION
Applicant: DCC Development Group, Inc.
1807 Westminster Drive
Denton, Texas 76205
Current Owner: Same as Applicant
Requested Action: Approval of Concept Plan, Detail Plan and
variances to the subdivision regulations
Location and Size: 163.93 acres on US Highway 377 at Brush Creek
Road
Surrounding Land Use and Zoning:
North - Residential/Agricultural & ETJ
South - Vacant/Agricultural & ETJ
East - Denton Country Club/ETJ
West - Vacant/ETJ
Denton Development Plan:
i
Intensity Areas No. 94 and 95, designated low and moderate,
respectively.
SPECIAL INFORMATION
1 Transportation:
} - No residential driveways will be allowed to US Highway 377.
Right-of-way on US Highway 377 and Brush Creek Road is
acceptable.
- A 20 foot utility easement is required along US Highway 377.
Variances are necessary for the cul-de-sac length on
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Agenda ltem_..1L_.-----
(Case Z-93-027) Dale - / -
Page Two /'a 3 ~ .1 S 07-r.
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Glennbrook Drive and Lake Vista and for the intersection of
Bogey Lane and Eagle Point Drive which does not meet at 90
degrees. (These variances are explained in detail later in
this report.)
- Sidewalks are required along all street `.rontages.
Utilities:
- Water: A 12 inch water line will be extended along US
Highway 377 south of the subject property through the
subdivision to tie back into US Highway 377 to Brush Creek
Road. The City will participate in the oversize from an 8 inch
to a 12 inch line.
Sewer: Minimum 8 inch line is required. A sewer lift
station in the northeast portion of the subdivision will have
access to an off-site easement to Brush Creek Road and tie into
the City's existing system.
- Fire: Fire hydrants are required every 600 feet in
residential areas.
- Electric: A 16 foot easement along US Highway 377 is
required and 8 foot easements along all public streets within
the subdivision are required.
i
Street lighting on all public roads within the subdivision with
a 300 foot spacing with lights provided at every intersection
and cul-de-sac.
Electric plans and schedule for design purposes shall be
submitted to the City when available.
Drainage:
Drainage is generally acceptable with the proposed plat and
will be coordinated with Denton Country Club.
The floodway along the northern property line will be
determined and accurately shown on the final plat. It will be
dedicated as a drainage easement.
HISTORY
A Plannod Development district was approved on the subject property
in 1986. The request was to change from agriculture (A) to the PD
district which would have allowed a mixed use development including
i
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(CaseThree-027) toe
Page d
SF10, SF16, multi-family, single family attached, private school,
general retail and open space. See Attachment 2. This PD was
never developed.
On December 8, 1993, the Planning and Zoning Commission heard Case
Z-93-027 and recommended approval of the Planned Development
District, 6-1 vote. The Commission, at the same meeting, approved
the General Development Plan and recommended approval of the
preliminary plat, 6-1 vote.
ANALYSIS
The current proposal includes a total of 163.93 acres. A detailed
plan of 142.39 acres, a general concept plan of 21.54 acres and the
requested variances to the Subdivision and Land Regulations are
under consideration.
The detailed plan includes 186 single family detached residential
lots and 4 parcels for the extension of the existing Denton Country
club golf course. The proposed development is designed with the
extension to the golf course weaving through the single family
residences. The majority of the lots will have frontage on the
golf course extension.
A tree preservation program will be instituted in the subdivision
to protect all trees greater than to inches in diameter, save and
except those trees located in Parcel G-1 which may be removed
provided that the developer of the golf course plants a minimum of
100 trees along the proposed golf course extension.
Approval of this detailed plan would allow a deviation from the
sign ordinance standards. The deviation involves the number of
ground signs allowed per premise and the height of the sign
allowed. This detailed plan has signs on entrance walls to be
located on both sides of the intersection of US Highway 377 and
Glennbrook Drive. The signs will be placed on Lot 52, Block 2 and
Lot 1, Block 3 and will be the responsibility of the homeowner's
association. These signs are categorized a ground signs. Sign
ordinance specifications would allow one ground sign here at a
maximum height of 6 feet. Detailed plans provide an opportunity to
approve deviations based on given the specific sign design and the
context of that signage.
The ordinance provides the following to be used in considering sign
ordinance specification deviations:
(a) Scale. The relationship between and compatibility of sign
scale, and site scale and the scale of nearby buildings,
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Agenda No. 1 - n 0,
Ager Mlan~--Z&~
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(Case Z-93-027)
Page Four G
(b) Color. The relationship between and compatibility of sign
color to the color of nearby property, buildings, and
landscaping: The degree to which sign colors are complimentary
to its surroundings.
(c) Material and shape. The materials and shapes of the signs
and how they relate to their surroundings.
(d) Shape. The shape and design of the signs and how they
relate to their surroundings.
(e) landscaping. The relationship of signs to landscaped
features in and outside the district.
(f) Traffic Safety and Traffic Circulation. The impact of the
signs on driver's view, the degree to which view obstructions
are created or improved, avoidance of confusion with or
obstruction of traffic control signs and devices, and the time
it takes a motorist to read the sign.
(g) Illumination. The impact and compatibility of sign
illumination within the district and in relation to neighboring
properties. The avoidance of glare ani light pollution.
(h) Integration. How the signs in the district are integrated
into a unified development concept with the topography,
} building design, other signs, landscaping, traffic circulation
I and other development features of the district and nearby
property.
t The proposal must also provide a comprehensive plan superior to
l that allowed without the plan, the request is not being used
merely to avoid or gain a variance of the sign regulations,
does not violate the spirit or intent of the sign regulations.
The Planning and Zoning commission recommends approval of the sign
as requeste3. The signs are well integrated into entry walls for
the subdivision and in scale with the proposed development and
potential development in the area. The size and shape relate well
to the surroundings. They will be placed out of the site triangle
at the intersection and will not have an impact on traffic safety
or circulation. The proposed illumination will be directed at the
sign and screened by landscaping.
The concept plan includes 10.72 acres of single family attached
residences allowing for up to 50 units. There will be no more than
2 units attached. This area is located on US Highway 377 in the
southwest corner of the development. The concept plan also
includes 10.82 acres of open space which is located along Brush
Creek Road on the northernmost boundary of the property.
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(Case Z-93-027) P~ 6 a s.
Page Five
The applicants have applied for variances of specific requirements
of the Subdivision and Land Development Regulations based on their
detailed plan. Two cul-de-sacs exceed the maximum length criteria
of 1,000 feet specified in article 34-114(11). The Glennbrook
Drive cul-de-sac measures approximately 1,150 feet long and the
lake Vista cul-de-sao measures approximately 1,200 feet. One
intersection does not meet at 90 degree as required by article 34-
114(9). The intersection of Bogey Lane and Eagle Point Drive
intersects at 79 degrees.
Where it is proposed to develop a unified residential, commercial,
industrial and/or institutional project under a planned development
zoning, the planning and zoning commission may recommend to the
city council the variance of specific requirements of this chapter
based on a detailed site development plan.
Such modification shall be governed by the planned development
ordinance standards for granting such modification from normal
standards as detailed in the zoning ordinance. Planned development
zoning is an optimal zoning and subdivision process intended to
provide an aven%e to apply new and inventive planning concepts that
are not readily accommodated by traditional regulations. In
reviewing planned development plans, traditional standards are
utilized as the base standard for comparison and guidance. Any
modification of those standards must meet all of the following
criteria:
1 (1) The modified proposal would conform to the city master
plans.
(2) Granting the modification will not have the effect of
preventing the orderly subdivision of other land use
in the area.
(3) The need for a variance of requirements to accomplish
a unique project design, as distinguished from a need
for a variance for personal convenience.
(4) The proposed development cannot be readily
accomplished through standard zoning districts or
subdivision processes.
(5) The proposed modification substantially accomplished
the intent of the standard and improves the overall
development design. Even though the modification may
not meet the letter of the applicable standard, it
provides for a better project design.
The Planning and Zoning Commission feels that the variances applied
for meet the five criteria listed above.
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A6ea,z!tem 3~
(Case Z-93-027) /"f 7 '7 0? S~UI,
Page six v <J
(1) The modified proposal has no effect on any of the
City's master plans.
(2) Granting these modifications will not causq adverse
effects for adjoining properties development
potential. The proposed location and geometry for
Eagle Point Drive will actually enhance development
potential for the property to the south.
(3) This development is being designed with a golf course
weaving through the center. It would not be in the
developers interest or the City's to require a street
across the end or the middle of a fairway to meet the
1,000 feet cul-de-sac limit. In addition, the
modifications for the cul-de-sac are only 150 and 200
feet respectively. Concerning the intersection angle,
this is a function of the shape of the property on the
south end and again, the required geometry for a
regulation golf course.
(4) This development would be much more difficult to do in
a standard zoning scenario as the required geometry of
the golf course does not lend itself to developing
standard shaped lots or street layouts.
(5) Allowing the golf course to be constructed as a
regulation course and weaving it throughout the
subdivision will be an asset to the development and
the city. Aesthetic and drainage characteristics of
this subdivision will be better than what would be
provided in a standard subdivision. The degree of
modification to the normal standards is relatively
small and will have a negligible affect on the overall
i function of the subdivision. t
As stated previously, this subdivision is located in Intensity
Areas 94 and 95, designated low and moderate, respectively. The
following chart outlines the effect this development will have on
the Denton Development Plan.
Study Area 94 - Low Intensity
Allocation according to study area at 60 intensity trips/acre:
60 X 138.85 = 8331
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Agenda It2m.,3,6k...,..~
(Case-027) Date.-_L'_G
Page Seven vede~ 50a
Allocation according to existing zoning:
Allocation Intensity
Land Use (per acre/unit) Acres/Units Allocation
School 85/acre 2.36/-- 200
SF(Attached) 10/unit 29.30/335 3350
MF 30/unit 11.21 2000
SF10 10/unit 35.60 356
SF16 10/unit 60.76 608
i
Total Intensity Allocation - 6,514
Study Area 95 - Moderate Intensity
Allocation according to study area at 350 intensity trips/acre:
350 x 25.08 = 8778
Allocation according to existing zoning:
Intensity
Land Use Allocationfper acre) Acres Allocation
Open Space 0 7.8 0
General Retail 650 17.28 11,232
Total Intensity Allocation - 11,232
As both the low and moderate intensity areas will be developed as
open space and residential only there is a substantial decrease in
the intensity allocation. The total allocation according to the
study areas is 17,109, whereas the allocation for the proposed
development at buildout is 2,360 (236 units x 30). As such, the
policies of the Denton Development Plan are not violated as the
proposed development is well below the allocated intensity for both
Area 94 and 95.
NOTIFICATION
Notice was mailed to all property owners within 200 feet of the
subject property prior to the Planning and Zoning Commission
hearing. Twenty-three notices were mailed, to date four responses
were received indicating indecision regarding the request and one
response was received in opposition to the request.
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(Case 2-93-027) We Page Eight
RECOMMENDATION
The Planning and Zoning Commission recommends approval of Z-93-027
and the variances to the subdivision regulations.
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ALTERNATIVES
i
1. Approve petition
2. Approve petition with additional conditions
3. Deny petition
4. Postpone action
ATTACHMENTS
1. Location Map
2. Existing PD Plan
3. General Concept Plan/Detailed Plan
4. Sign Detail Plan
5. Minutes of Planning and Zoning Commission, December 8, 1993
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ATTACHMENT
Denton Country Club Estates NORTH
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Date: 12/4/93 Scale: None
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wore: ee-e et.ae FAMILY Affi& , v-0 er■ae Jimmy ar,o"
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Original PD 118 Concept Plan
Date: 12/4/93 Scala None
ATTACHMEN~~ -
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General Concept Plan
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ATTACHMENTU4__-_/~ Y=~
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Denton Country Club Estates (Sign Detail)
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ATTACHMENT 5 Ap N1'i 02
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Planning b Zoning U R ley F Minutes e! F3
December 80 1993 Or p
Page 15 U
Mr. Yost reported that the 3.895 acre tract is located
southeast of the Texas and Pacific Railroad tracks, and
generally west of Rose Street. Currently, the land has been
developed as the Frame Street Mint-warehouses. It is being
replatted for the prospective sale of part of the development.
The proposed Lot 2R is primarily for individualls storage, and
the proposed Lot 1R is primarily for institutional storage in.
larger spaces. The current zoning is Commercial. The replats
will conform to the minimum requirements of the Subdivision
and Land Development Regulations; Chapter 34 of the Code of
ordinances. As replats, they will be reviewed at a Public e
Hearing. Mr. Yost also recommended a reasonable nexus waiver
be granted because the site is fully developed and there is no
room for a sidewalk and the use will not require one.
RECOMMENDATION: The Development Review Committee recommends
approval, also recommending approval of the reasonable nexus
waiver.
PETITIONER! Petitioner did not wish to speak. He said he
supported staffs comments.
IN FAVOR: None
IN OPPOSITION: None
The public hearing was closed
Mr. Cochran moved approval of the preliminary and final
replats of Lot 1, Block 2, Frame Addition; Into Lots 1R and 2R
with the reasonable nexus as described by staff. Ms. Russell
seconded and the motion carried unanimously (7-0).
III. Denton Country Club Estates
a. Hold a public hearing and consider the concept and
detailed plans for Planned Development 118 and three
variances to the Subdivision and Land Development
Regulations for the length of two cul-de-sacs and the
street intersection geometry for a 163.93 acre tract of
land located on U.S. Highway 377 at Brush Creek Road.
STAFF REPORT: given by Debra Goodwin.
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i-. Ms. Goodwin reported that the petition was in five parts.
All five parts pertain to the same piece of property.
The Detail Plan includes 186 single family residences and
a parcel for a golf course. Some trees will have to be
removed that are in the fairway, Those trees will be
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Minutes , L/
Page cmber 8, 1993 - Ir S J 01
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replaced by the developer in the landscape plan. It also
allows for a deviation of the sign ordinance. The
deviation involves the number of ground signs allowed per
premise and the height of the signs. The ordinance
allows only one ground sign per premise at a height of 6
feet. A detail plan provides al o
deviations based on details given by the specific sign
design and the context of that si na
e.
Bevel0 9 g The
ment ro os
P is desi p p ed
course weaving through e theis ngleefamilysresid nces* gThe
majority of the lots will have frontage on the golf
course extension.
RECOMMENDATION: Staff recommends approval of the sign as
requested. The signs are well integrated into entry
walls for the subdivision and in scale with the proposed
development. The size and shape will relate well to the
surroundings. They will be placed out of the site
triangle at the intersection and will not have an impact
on traffic safety or circulation. The proposed
lumination will be directed at thee sign and screened by
landscaping.
The Concept Plan includes 10.72 acres of single family
attached residences allowing for up to 5o units. The
area is located on High 377 in the southwest corner of
the development. The concept plan also includes a 10.82
j acres of open space which is located along Brush Creek
Road on the northernmost boundary of the property. The
applicants have applied for variances of specific
requirements of the Subdivision and Land Development
Regulations based on their detailed plan. Two cul-de-
sacs exceed the maximum length criteria of 1,000 feet
specified in article 34-114(11). The Glenbrook Drive
cul-de-sac measures about 1,150 feet lone and the Lake
Vista cul-de-sac measures about 1,200 feet. One
intersection will not meet at 90 degrees as required by
article 34-114(9). The intersection of Bogey Lane and
Eagle Point Drive intersects at 79 degrees. Such
modification will be governed by the planned development
ordinance standard. Any modification of those standards
must meet all of the following criteria:
1. The modified proposal would conform to the city
master plan. 2. Granting the modification will not have
the effect of
preventing the orderly subdivision of other
land use in the area. 3. The need for a variance of
requirements to accomplish a unique project design, as
distinguished from a need for a variance for persot,al
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Planning ~ Zoning 4
Minutes
December 8, 1993 ® /6 a 5
Page 17 Lf-r
convenience. 4. The proposed development cannot be
readily accomplished through standard zoning districts or
subdivision processes. 5. The modification
substantially accomplished the intent of the standard and
improves the overall development design. Even though the
modification may not meet the letter of the applicable
standard, it provides for a better project design.
Staff feels that the variances applied for meet the five
criteria. The subdivision is located in intensity Areas
44 and 95 which are low to moderate intensity. Twenty-
three notices were mailed out two were received back as
not deliverable.
RECOMMENDATION: Staff recommended approval of 2-93-027
and the variances to the subdivision regulations.
Mr. Engelbrecht asked how the signage compared to other
develcpments.
Mr. Robbins said the signs are about the same height as
the Corinth sign.
Mr. Cochran asked how high the signs were going to be.
Ms. Goodwin said the signs were about 10 feet high.
There will be berms around the base to blend into the
landscaping.
PETITIONER: Did not wish to speak.
IN FAVOR - 0
IN OPPOSITION - Sharon Cox, 8008 Flood Creek Circle, Denton,
Texas said she was originally in favor of the proposal.
Because she is a member of the Country Club she was concerned
about the drainage with the addition of that many homes in the
area. She said she would like to have some type of assurance
that the development would not disturb the drainage.
Mr. Cochran asked if the water got up to her house when it
T?~ floods.
Y
Ms. Cox said no, the water dumps into a culvert.
Bill Lewis, Brush Creek Road, Denton, Texas. Mr. Lewis said
it he was not in opposition of the project. He said he would
3,;! like to know who the prospective developer is. His main
concern was the preservation of the open area. He also wanted
an assurance that the area would rerAin an open area. or
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Planning 3 zoning +r if 3
Minutes
December S, 1993
Page 1S
perhaps an easement.
Mr. Engelbrecht said the plans that had been presented left
the area he was concerned about open. He explained that if
there was a cioange the developer would have to get approval
and have another tnblic hearing.
David Yoder, Brush Creek Road, Denton, Texas. He said he
lived across from the small cul-de-sac and would like to
preserve the trees and open area to prevent erosion. His main
concern was the removal of trees and the drainage. He also
asked the restrictions on the homes.
Andy Williamson, Brush Creek Road, Denton, Texas. Mr.
Williamson said he could look out his front door look through
the center of the development. He said he was very
interested in preserving the trees. He wanted to know what
type of houses, and the size of lots and the homes. He
needed more information. He said he was not opposed to the
development, but concerned about what was going in next to an
area with acre lots and large homes.
REBUTTAL: Vyron Bernard, the engineer on the project reported
that the trees along the creek bed would be left. They will
not be removed. He explained he is currently doing a FEMA
flood study and any of the lots in the floodway will not be
developed and will be dedicated to a drainage easement.
Mr. Norton asked if the drainage will be forced.
Mr. Bernard said no, based on conditions they are going to j
establish a floodway and it will be dedicated as an easement.
He said he would be working with the staff to address the {
drainage issue.
Mr. Norton said there was a definite drainage problem at the
Country Club and the Club property does have some blockages.
He advised the developer to work with the Club and solve the
drainage issue.
Ms. Flemming asked if the flooding was the reason the former
Y PD was never developed.
s-
Mr. Bernard said not to his knowledge.
Jim Hurley addressed the question about size. He said the
homes on the back side of the development would be about 2600
sq ft. The smallest would be 2200 sq it and there would be
deed restrictions that would regulate type and size and
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Planning b Zoning
Minutes
December Be 1993
Page 19
landscape plans. The smallest lot size is 11,000 square feet.
He also mentioned that they would not do anything to have
negative impact on the drainage.
Dr. Gore comment that 95 percent of the trees would remain.
The view would remain. They are not acre lots because the
development will be on city sewer because septic systems are
not feasible.
i
Mr. Cochran moved to recommend approval. Mr. Cooper seconded
and the motion carried (6-1).
b. Consider the General Development Plan for 163 acre tract
located on U.S. Highway 377 at Brush Creek Road.
STAFF REPORT: given by Debra Goodwin
Me. Goodwin stated that the General Development Plan was
required because the property was being developed in phases.
Mr. Cochran moved to approve the General Development Plan.
Cooper seconded and the motion passed 6-1.
C. Consider the preliminary plat for Lots 1-87 and Parcel G-3,
Block 1; Lots 1-52 and Parcel G-1, Block 2, and: Lots 1-47 and
Parcel G-2, Block 3 of a 142.39 acre tract located on U.S.
Highway 377 at Brush Creek Road.
Ms. Goodwin again stated the 163.93 acre subdivision is
located on US Highway 377 at Brush Creek Road. There will be
four parcels for a golf course. A General Development Plan
was required as the property is to be developed in phases.
There will be 77.77 acres or 186 lot of residential
development, 64.62 acres of golf course, 10,82 acres of open
space, and 10.72 acres of single family attached dwellings (50
lots). A Planned Development district was approved on the
property in 1986. The PD was never developed.
Mr. Norton moved to recommend approval of the preliminary plat
for Lots 1-87 and Parcel G-31 Block 1; Lots 1-52 and Parcel G-
1, Block 21 and: Lots 1-47 and Parcel G-20 Block 3 of a 142.39
acre tract located on U.S. Highway 377 at Brush Creek Road.
j Me. Russell seconded and the motion carried (6-1).
Dr. Huey said she thought the drainage would be addressed in
the preliminary plat, but it was not.
Mr. Robbins said the final plat would address that issue.
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ORDINANCE NO. _
AN ORDINANC ' OF THE CITY OF DENTON, TEXAS, AMENDING THE CONCEPT
PLAN FOR Ti.d PLANNED DEVELOPMENT (PD) DISTRICT CLASSIFICATION AND
USE DESIGNATION ADOPTED PURSUANT TO ORDINANCE 86-145 BY REPEALING
THE ORIGINAL CONCEPT PLAN AND USES PROVIDED THEREUNDER AND ADOPTING
A GENERAL CONCEPT PLAN OF 21.54 ACRES AND A DETAILED PLAN OF 142.39
ACRES FOR RESIDENTIAL, GOLF COURSE AND OPEN SPACE USES FOR
APPROXIMATELY 164 ACRES OF LAND BEING LOCATED GENERALLY ADJACENT TO
U.S. HIGHWAY 377 AT BRUSH CREEK ROAD; GRANTING SIGN VARIANCES;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, DDC Development Group, Inc. has applied for an
amendment to the Planned Development (PD) District Classification
and Use Designation adopted pursuant to Ordinance No. 86-145, by
requesting the approval of a general concept plan for 21.54 acres
and a detailed plan for 142.39 acres for residential, golf course
and open space uses; and
WHEREAS, the applicant has requested deviations from the
standards of the Signs and Advertising Devices Chapter of the Code
of Ordinances as allowed by section 33-183 (c) of such ordinance;
and
WHEREAS, the City Council finds that allowing the applicant an
additional sign and increasing the height limit for such signage
f does not violate the criteria established by section 33-254 of the
Signs and Advertising Devices Chapter since; (a) the signs are
well integrated into the entry walls for the subdivision, (b) the
signs are in scale with the proposed development and potential
development in the area, (c) the size and shape of the signs relate
well to their surroundings, (d) the signs will be placed out of the
sight triangle for the street intersecting with entrance to the
subdivision, and (e) the illumination of the signs will be directed
at the signs and screened by landscaping from nearby lots; and
WHEREAS, on December 8, 1993 the Planning and Zoning Commis-
21 sion, after a public hearing, recommended approval of the requested
changes; and
WHEREAS, the City Council finds that the proposed amendments
will be in compliance with the Denton Development Plan; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Ordinance No. 86-145, providing approval of a
planned development (PD) zoning district classification and use
designation for approximately 164 acres of land as described in
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Exhibit "A", is hereby amended by repealing the original concept
plan and the uses provided thereunder and adopting a General
Concept Plan for 21.54 acres and a Detailed Plan for 142.39 acres
for residential, golf course and open space uses as described in
Exhibit 'fB", relating to Denton Country Club Estates, such Exhibits
being attached hereto and made a part hereof for all purposes.
8EC'P-~IO_ N 3i. That the variances to the sign ordinance set forth
in this ordinance are hereby granted.
SECTION jj U. That the provisions of this ordinance as they
apply to the General Concept Plan, the Detailed Plan, the uses
provided thereunder, the sign ordinance variances and the
subdivision rules and regulations variances set forth in this
ordinance shall govern and control over any conflicting provision
of Ordinance No. 86-1450 but all the
86-145 as they apply to that remaining of ordinance No.
district classification and use designationinotohereinPamended9
shall continue in force and effect and shall apply to the remainder
of said district.
SECTION _IV. That a copy of this ordinance shall be attached to
ordinance No. 86-145, showing the amendment herein approved.
SECTION V. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION Vi. That this ordinance shall become effective
fourteen (14) 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, the official
newspaper of the City of Denton, Texas, within ten (30) days of the
date of its passage.
PASSED AND APPROVED this the day of
1994.
A
BOB CASTLEBERRY, MAYOR
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' ATTEST.
JENNIFER WALTERS, CITY SECRETARY
1
BY:
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A~,nd3fao 94~-00 / .
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APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCHo CITY ATTORNEY
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EXHIBIT 'A' - J.12 Page 1 of 2
ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE H.
HAGGOOD SURVEY, ABSTRACT NUMBER 517; THE W. HUDSON SURVEY,
ABSTRACT NUMBER 586; AND THE GEORGE W. DAUGHERTY SURVEY, ABSTRACT
NUMBER 351, DENTON COUNTY, TEXAS AND BEING ALL OF A TRACT SHOWN BY
DEED TO 10E W. RHOADES, RECORDED IN VOLUME 639, PAGE 486, DEED
RECORDS, AND BEING ALL OF A TRACT SHOWN BY DEED TO HERBERT E. WYSS,
RECORDED IN VOLUME 10429 PAGE 834, DEED RECORDS, AND BEING ALL OF A
TRACT OF LAND SHOWN BY DEED TO EWELL BURKHALTER, ET AL, RECORDED
IN VOLUME 886, PAGE 602, DEED RECORDS OF SAID COUNTY AND BEING MORE
FULLY DESCRIBED AS FOLLOWS:
Beginning at the intersection of the Eist right-of-way line of U.S. Highway 377 and the
South right-of-way line of Brush Creek Road, said point being the POINT OF BEGINNING:
Thence proceed South 89°41'40', a distance of 555.00 feet to a point and comer;
Thence proceed North 09°30'13' East, a distance of 30.31 feet to a point and comer;
Thence proceed South 89'41'40' West, a distance of 591.88 feet to a point and corner;
Thence proceed South 00'18'19" East, a distance of 100.00 feet to a point and comer;
Thence proceed South 47'54'53' East, a distance of 389.97 feet to a point and comer;
I
Thence proceed South 80'57'59" Fast, a distance of 120.00 feet to a point and comer;
Thence proceed South 58'16'27' East, a distance of 523.35 feet to a point and corner;
Thence proceed South 00'33'13' West, a distance of 145.00 feet to a point and comer;
Thence proceed North 89' 15'26' West, a distance of 163.84 feet to a point and comer;
Thence proceed South 00'51'55' East, a distance of 394.53 feet to a point and corner;
Thence proceed South 02'59'17* West, a distance of 919.66 feet to a point and comer;
Thence proceed North 89'38' 13' West, a distance of 1452.92 feet to a point and comer;
Thence proceed South 00' 13'190 West, a distance of 1032.26 feet to a point and comer;
Thence proceed South 79'10'32" West, a distance of 591.60 feet to a point and corner;
Thence proceed South 79'06'55' West, a distance of 1260.43 feet to a point and comer;
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EXHIBIT A
Page 2
Thence Proceed North 50007144` West, a distance of 399.90 feet to a point and comer;
Thence Proceed North 27°28'00" Fast, a distance of 309.74 feet to a point and corner;
Thence Proceed North 79°01' 16' East, a distance of 246.68 feet to a point and comer; i
j Thence Proceed North 25°18'56- East, a distance of 488.75 feet to a point and comer;
i
Thence Proceed South 76°08'10" West, a distance of 232.86 feet to a point and comer; E
Thence proceed North 27028100' East, a distance of 2128.68 feet to a
point and comer; i
T'heace proceed North 33'09'14" East, distance of 301.15 feet to a point and comer;
Thence proceed North 27°37'11 ` East, a distance of 294.39 feet to a point and corner;
Thence
BEGINNING. proceed North 58°35'38` East, a distance of 156.33 feet to the POINT OF
f.
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EXHIBIT BAA
Page I of h;j,
'lenton Country Club Estates NORTH
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General Concept Plan/Detalled Plan
Dale: 1?l4193 Scale: None
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EXHIBIT B V
Page 2 r' u
lepton Country Club Estates (Sign Detail) NORTH
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Date: 12/4/93 Scale: None
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DATE: January 4, 1994 Agenda Rent Lq -
Date
CITY COUNCIL RE RT TO: Mayor and Members of the City Council O
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Z-93-0280 Forrestridge Estates
I RECOMMENDATIONS
The Planning and Zoning Commission recommends approval 7-0.
The applicant is requesting a rezoning from SF-16 to Planned
Development district on a 23.2520 acre site located north of
and abutting Ryan Road at Forrestridge Drive.
I
BACKGROUND:
See P&Z report.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED.
Planning and Development
Building Inspection
Engineering
FISCAL IMPACT:
E
N/A
Respe lly s tteds
l
to d V. Harrell
City Manager
Prepared by:
Debra Goodwin
Urban Planner
Y
Appr ved:
J
Frank H. Robbi AICP
? Executive Director
Planning and Development
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Agoda NO
A00alzlte
PLANNING AND ZONING COMMISSION REPOW$
To: Mayor and Members of the City Council
Case No.: Z-93-028 Meeting Date: January 4, 1994
9
GENERAL INFORMATION
Applicant: Dal-Tech Engineering, Inc.
11020 Audelia Road
Dallas, Texas 75234
Current Owner: Lodge Construction Co., Inc.
15303 Dallas Parkway, Suite 130
Dallas, Texas 75248
Requested Action: Approve Planned Development district
Location and Size: 23.2520 acres located north of and
abutting Ryan Road on Forrestridge Drive
Surrounding Land Use/Zoning:
North - Single Family Residential/SF16 Zone
Scuth - Sparse residential/ETJ
East - Sparse residential/ETJ
West - Undeveloped land/ETJ i
Denton Development Plan:
Intensity areas Nos 82 and 83, which are both designated
low intensity areas.
i
{ SPECIAL INFORMATION
Y + ,
Transportatione
k Forrestridge Drive is a collector street. 60 feet of right-
r, of-way with a minimum pavement width of 41 feet is required.
s
i~ ff
A;cc~Gifamr _
(case 2-93-028)
Page Two
Ryan Road will be expanded from its current condi 3 to a 4- a
lane divided secondary arterial street. Denton County bone
funds will pay for the repaving of the current 2-lane roadway=
future widening will be at city expense. No driveway access
will be allowed onto Forrestridge Drive or Ryan Road.
Sidewalks will be required on the north side of Ryan Road, on
both sides of Forrestridge Drive and other residential
streets.
Utilities:
A 12-inch water line will provide sufficient service for the
proposed development. The lines (required along the extension
of Forrestridge Drive
proposed, and the City and along the Ryan Road frontage) are
costs, y may Participate in the oversizing
An existing 8-inch sewer line, located on the site, will
provide service.
Underground electric service is available from existing
circuits.
Fire hydrants will be provided at 600 feet (maximum) spacing.
Drainage:
Off-site
to the
West
will be
addre i reconstru ti nn feRyan Road while drainage to t seed with the
the developers responsibility. Funds were he east will be
provided b the
applicant for certain off-site drainage impr
Section 1 development.
ovement during
The issue of drainage came up during the annexation and zoning
hearings on this property. The construction drawings have
been submitted for Engineering Department review and the issue
will be further addressed with the final plat.
Parks:
The voluntary park donation
declined to dedicate policy applies. The applicant
requesting a voluntar park land. As such staff will be
r estimated construction co t
fe of ee when builders one-quarter of it of the
Permits. No builder has ever made such a fee ply for building
PdYmant.
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~ {Case Z-93-02e}
Page Three
HISTORY
This property was annexed and received SF16 zoning by the City
i, in September, 1993.
j
ANALYSIS
requested
an DRo diandis being
The proposed Planned Development
to facilitate setbacks along y
the in With eXistl
Forreatridge Drive that arekeess than hose Lngowed conditions
that are
current zoning, but are within the subdivision and to al setback line, but widths the lots
less than 100' at the loving of 100'.
contain an average minimum
setback
' The zoning ordinance requires a 3reliminary building plat of this
adjacent to all streets. The p
property was approved with 15 foot setbacks on Forreatridge
and Ryan Drives.
Commission approved
previously, the Planning and Zoning
setbacks that varied from the zoning ordinance requirements
ruling
through the platting process. A recent city Attorney has indicated ohat re
this gulations and either oaevarianceZ mustdbe
the subdivision roved to
granted or a planned Development district must be app
allow lesser development At n riaed tDeveiopment district under
the zoning ordinance. eat due to
recommended as the appropriate vehicle for this by State law to
the inability to meet the findings mandated
grant a variance. that the 35'
Commission is recommending to the main
planning and zoning Ran goad be maintains
required setback along y to insure adequate
structures. This distance is necessary from roadway which ructures setback to the residential set' thoroughfare. A15, setback to any
is proposed to be major Ryan Road is recommended.
the
accessory structures along
Commission would also recommend that following fences be the allowed required on 10'
property line on Ryan Road
dedication) with the exception intersection OfaRyan eRosite ad andiForreatridgeg
a
maintained at t
rr
i
Agn
(Case Z-93-028) Ct4
Page Four
Setbacks for all structures, both main residences and
accessory buildings, along Forrestridge Drive are proposed to
be 201. Planning Commission recommends that fences be allowed
on the property line on exterior side yards while maintaining
the site triangle.
Those lots below 100' at the building setback, but maintaining
an average 100' width, are located in the proposed cul-de-sacs
and all other development standards such as lot depth and lot
area will be met.
On December 8, 1993, the Planning and Zoning Commission heard
Case Z-93-028 and unanimously recommended approval of the
Planned Development District and Detailed Plan.
Adjacent development is entirely residential. The proposal is
to continue that type of development.
As indicated during the annexation and rezoning of this
property, the proposed development will use less than its
proportionate share of intensity trips. It is in two
intensity areas (82 and 83) which are 80% and 82f allocated.
There are, within the two study areas, 15,783 unallocated
intensity trips (8,664 and 7,119, respectively). The
intensity trip allocation to this site is 11395.12 (23.2520 x
60). The actual proposal will use 925.12 fewer trips than its
allocation.
1 NOTIFICATION
Notice was mailed to all property owners within 200 feet of
the subject property prior to the Planning and Zoning
Commission meeting. Twenty-four notices were mailed, to date
two favorable responses have been received,
RSCONlENDATION
I
The Planning and Zoning Commission recommends approval (7-0).
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(Case Z-93-028)
Page Five
ALTERNATIVES
rove petition
1. App
2, Approve petition with additional conditions
3. Deny petition
4. Postpone action
3
j ATTACHMENTS
1, Location Map
2. site Plan
Minutes of Planning and Zoning Commission, December 81
3.
1993
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ATTACHMENTC,10.,_..Z
I Estates of Forrestridge NORTH
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HO9SON LANE
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EL PASE0
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RYAN RD.
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Location Map
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Data IV4/93 Scale. None
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ATTACBMEIAIC,A,It?iTl ~C
Estates of Forrestrfdge ate NORTH
VPLANIINIEID DEVELOPMENT
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AILS
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1, v Y l .!.i Ji 1 fl7r. I M M. J ' / I ["L 1 I! ,I ll I M W [Y
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CITY I.Im~1r \ ]v~° L,I-AN .'Y `'r _ rv U S I~
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P. D. Site Plan
Date: 12/4193 Scale: None
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ATTACHMENT 3 l~
llanning Zoning DRAFT A¢1EM1 -
&
M inutes
Dscember 8, 1993
Page 23 v
Ms. Russell made the motion to recommend t erwood hange Of a
street name from Greenfield Woods Parkway
Dr. Huey seconded and the motion carried unanimously (7-0).
v. Hold a public hearing to consider a rezoning from SF16 to the
Planned Development district and a detailed plan for a 23.520
fland located on Ran Road e Forrestridge Section II. the extension of
acre tract Forrestridge Road
STAFF REPORT- given by Debra Goodwin. Ms. Goodwin reported
that the 23.2520 acres is located north of and abutting Ryan
Road tember, Forrestridge Drive. The land was
Sep Road
1993. Driveways will not be allowed onnRyand
Sep
or Forrestridge.
Mr. Cooper asked about the reason there was no driveway access
off of Forrestridge.
Mr. Salmon said this phase would have no individual driveway
access to Forrestridge which is classified as a collector
i street. The earlier phases were done prior to 1988 and access
to go Onto a zoning change will collector not allow access. at that time. The
=
~i PETITIONER- Buddy Robert, Dal Tech Engineering. Mr. Roberts
explained that the developer wanted to continue
explained that
type of development that is in the area.
they would also be adopting a landscape plan.
IN FAVOR: None
i
IN OPPOSITION: None
Mr. Cochran moved to recommend approval of the rezoning from
SP16 to the Planned Development district and a detailed plan
for a 25.520 acre tract of land located on Ryan Road at the
Russell osecond seconded anRoad, d the motion carried (7-0).
VIA. Consider an amended detailed plan of Planned Development
district northeast corner of 2interstate 35 and WestgatelDrive. on the
STAFF REPORT: given by Debra Goodwin. The proposed use is
for expansion. MS. Goodwin said the proposed amendment will
have no effect on existing infrastructure other than the
required extension of Westgate Drive a distance of 140, the
extension of a 4 foot inch pipe for drainage. The amendme t will sallow the addition
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AgondoNo._2P_JV ooot
ORDINANCE NO. 11,4vt;.2
FROM ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING OO
FROM SINGLE FAMILY - 16 (SF-16) TO PLANNED DEVELOP FOR A CHANGE
MENT (PD)
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELYZ23.25
ACRES OF LAND LOCATED NORTH OF AND ABUTTING FORRESTRIDGE DRIVE; PROVIDING FOR A PENALTY IN THE RYAN
OF $ NT
DA $21000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
AMOUNT
EFFECTIVE
i WHEREAS
, Dal-Tech Engineerin
Construction Co., Inc, g+ inc., in behalf
, has of
a
1
Family _ PP ied for Lodge
Single Lod
1 _ a change
6 SF in
from
zoning District ( 16) to t anned PD)
he P1 Classification and Use Designationeandoforna (ro Zoning
detailed plan for residential uses; and PPval of a
WHEREAS, on December 8, 1993 the Planning and Zoning Commis-
sion, after a public hearing, recommended approval of the requested
change in zoning and approval of the detailed plan; and
WHEREAS, the City Council finds that the change in zoning and
approval of the detailed plan will be in compliance with the Denton
Development Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS-
That the zoning district classification and use
designation of the 23.25 acres of land described in Exhibit "All
attached hereto and made a part hereof for all purposes, Is changed#
from single family district classifi cation end use ) designation n under then om reheoni e
zoning ordinance of the City of Denton, Texas, P nsiv
SECT- I- 0- N tb• That Exhibit ~~Btr, attached hereto and made a
hereof for all purposes, is approved as the Detailed Plan for the
district. part
followig- c- o- ditionsTnot reflected r on t the shall Detaiie subject to the
1. A minimum of forty additional trees, 2 d Plan. inches or greater, as approved b
shall be by
the Planning and Dvelopment Department,
planted within the 150 setback along Ryan Road to
a buffer between the proposed single fami
Road. ly residences ano
d Ryan
r
f show t ~cha inh t the dCit istrict kiss Zoning
zoning map is amended to
classification.
$Fn~SION V• That any person Violating any of this
ordinace shall, upon conviction, be fined a sum vnotoexceeding
$2400.00. Each day that a provision of this ordinance is Violated
shall constitute a separate and distinct offense.
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SECTION V. That this ordinance shall become effective fourteen
(14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be pub-
1ished twice in the Denton Record-Chronicle, the official newspaper
of the City of Denton, Texas, within ten (10) days of the date of
its passage.
PASSED AND APPROVED this the day of , 1994.
BOB CASTLEBERRY, MAYOR
I
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
ty, I
PAGE 2
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Apendalte 1T~1
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TOs Mayor and Members of the City Council
FROMt Lloyd V. Harrell, City Manager
f
SUBJECTS Proposed variance to Subdivision L Land Development
1 Regulations
i Rcce~~.a~cExDATi4~1~
Sae attached memorandum.
See attached memorandum.
0 =1
See attached memorandum.
PROGRAMS. DEPARTMENTS O~OROUYS AFFECTEDe
Property owner, Engineering Dept.
FISC IMPACT
None,
Respectfully submitteds
LI City Managerre
Prepared byf
David a mono P
Senior civil Engineer
r` Approvedf
ns,
ran . o ~
Executive Director
Planning and Development i+
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Agendaltem,
CITY of pENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201
s
MEMORANDUM
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DATE: December 27, 1993
T0: The Mayor and Members of The city Council
F
FROM: David Salmon, P.E. Senior Civil Engineer
SUBJECT: Cul de sac length variance for Deerwood Addition j
This application has been submitted by Edmond Bright, owner of the
proposed Deerwood Subdivision for a variance of Section 34-114,
Article 11 concerning cul de sac length. The cited article
requires that cut de sacs be no longer than 1000 feet. Mr. Bright
proposes a cul de sac length of 1140 feet for Fawn Drive located in
the northwest portion of the proposed Deerwood Subdivision.
I order for the that a lnthree criteria asvset forth in Section 34 7 of i
demonstrate te
the Subdivision are as followsDevelopment Regulations are met. The three
criter
1. Granting the request would not violate any master plans as
E defined by Section 34-5 of the Subdivision and Land
i Development Regulations.
quest is
k 2. The special or peculiar conditions upon which t oche unique
a" based relate to the topography, shape,
physical features of the property which are not generally
common to other properties.
3. The speoial or peculiar conditions upon which the request is
nr based did not result from or was not created by the owner's or
any prior owner's omission.
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8171566-8200 D/FW METRO 434.2529
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Ageat!altCmr
page 2 WO
The Planning and Zoning commission recommended approval by a
unanimous vote, of the variance at its December 8th meeting for the
following reasons:
1. Granting the request will not violate any of the City of
Benton master plans. {
2. This application is based on the unusual shape of the
property combined with a fixed location for Greenfield 's
Parkway which is proposed to be a collector street. As f
described in the applicants letter, trying to connect
Fawn Drive with either Greenfield Parkway or Grant
Parkway would create an unusual and possibly unsafe
intersection configuration. Also, the variance is only
for 140 feet which is relatively small and should not
cause a safety hazard.
3. The unusual shape of the property and location of the
existing collector street was not caused by the current
owner. The previous owner of the property is responsible
for the existing layout; however, at the time was
planning to purchase adjacent property so that this piece
would not a such
development didn thappen uwhich swaseunfore unforeseen sat the
time.
David salmon
AEE002EE/21-22
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DATE:
REPORT- Ud
T0: Mayor and members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT. PRELIMINARY PLAT OF LOTS 1-30, BLOCK A, AND
+~WS
PHASE TWO; TSI0; PLUS
B, IN PHASE ONE; TATS 1-31, BLACK A, IN PHASE
LOTS 1-14, BLACK A, AND LOTS 1-221 BLACK Br
THREE; OF THE DEERWOOD SUBDIVISION
B~rottMFNDATION
The Planning and Zoning commission recommended approval at its
12/8/93 meeting, provided that the variance to the Os} bdivision
and Land Development Regulations is approved.
The 38.28 acre tract is located east of Loop 288, north of
Kings Row, and generally west of Farris Road.
Currently the land is undeveloped, except for an overhead
electric transmission line bisecting the property. Nearby are
several single-family homes and an elementary school (Hodge
School). Also, two improved roads, Grant Parkway and Greenfi-
is ithe traverse process of being shown renamed "De plat.
eld
W latter Parkway,
(The l wood
j Parkway").
II 1f The tract is proposed to be developed as 98 single-family
hJ detached lots, plus a 5.25 acre lot for general retail use. k
A portion (approximately .104 acre) of the rigat-of-way for a
future collector street will be dedicated with the final plat.
Public improvements include approximately 13,600 feet of
sidewalk, 4,100 feet of interior paved road, 1,790 feet of
perimeter paving, 4,890 feet of water line, 51230 feet of
sewer ,and line, sefire veral hydrants minor drplaced ainage according facilities. City apecifica
f
tions
The applicant has instituted a 60 ft. setback from the
2 aria jasement, to any future
re7 in tPhases . electrc
centerline structure the
habitable
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A~er~GGl;e .5B/
aacKGROUND: ~~@
The tract is currently in a planned development Ming
district (PD-124), plus a small portion of Agricultural ng
(A). Except for 5.25 acres, shown as Lot 1, Block B, Phhaas se i
on the plat, the zoning is proposed to change to single-family
SF-1 Ths ight,-as a separate citeme will be reviewed
bynthe Couaoil ton
including water, gas, sanitary sewer,
Services and facilities, and solid waste, are available, or
telephone, electrical,
planned for.
The plat conforms to the minimum requirements of the Subdivi-
sion and Land Development Regulations; Chapter 34 of the Code
of Ordinances.
PR ncvsomt~ppTS OOPS AFFECTFD:
Property owners, Denton Ind. School Dist.
pis Limb=:
None.
Respectfully submitted, i
f
Ll d V. Harrell,
Q
city manager
Prepared by,
G. Owen Yost, ASLA
Urban Planner
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Agtad4~ em ~
Approved by, p~V
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Frank H. Robb ns, AICPr
Executive Director of
Planning i Development
sl
1 ATTACHMENTS:
F 1. Location Map
E 2. Preliminary Plat
3. Commission minutes
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Deerwood NORTH
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Date: 12/4193 Scale: None
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Deecwood
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Preliminary Plat
Data 1113/93 Scale: None
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1 Planning & Zoning
minutes
December 8, 1993 /
Page 22
P~ bbb V
requested. Ms. Flemming seconded and the motion carried
unanimously (7-0).
C. Consider the preliminary plat of Lots 1-30, Block A, and Lot
1, Block B, in Phase Ones Lots 1-31, Block A, in Phase Two;
plus Lots 1-14, Block A, and Lots 1-22, Block B, in Phase
Three of the Deerwood Subdivision.
STAFF REPORT: Given by Owen Yost. Mr. Yost said the 38.28
acre tract is located east of Loop 288, north of Kings Row,
and generally west of Farris Road. Currently the land is
undeveloped, except for an overhead electric line that runs
through the property. Nearby are several single family homes
and Hodge Elementary School. The tract is to be developed as
98 single-family detached lots, plus a 5.25 acre lot for
general retail use. Public improvements include approximately
13,600 feet of sidewalk, 4,100 feet of interior paved road,
1,790 feet of perimeter paving, 4,890 feet of water line,
5,230 feet of sewer line, fire hydrants and several minor
drainage facilities. About .104 acre of the right-of-way for
a future collector street will be dedicated with the final
plat. The plat conforms to the minimum requirements of the
Subdivision and Land Development Regulations; Chapter 34 of
the Code of Ordinances.
RECOMMENDATION: Staff recommended approval.
PETITIONER: Did not speak.
IN FAVOR: None
IN OPPOSITION: None
Mr. Cooper moved to recommend approval of the preliminary plat
of Lots 1-30, Block A, and Lot 1, Block B, in Phase One; Lots
1-31, Block At in Phase Two; plus Lots 1-14, Block At and Lots
1-22, Block B, in Phase Three of the Deerwood Subdivision.
Ms. Russell seconded and the motion carried (7-0).
D. Consider the change of a street name from Greenfield Woods
Parkway to Deerwood Parkway.
STAFF REPORTS given by David Salmon. Mr. Salmon reported
that the developers of the proposed "Deerwood Addition" are
requesting that the north/south street known as "Greenfield
Woods Parkway be renamed Deerwood Parkway". Since there is no
development on Greenfield Woods Parkway, citizens will not be
affected by the street name change.
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acendaNo,
Agendallem
Date r- -
January 4, 1994 42 / o.,
CITY COUNCIL REPORT
I
1 T0: Mayor and Members of the City Council
r FROM: Lloyd V. Harrell, City Manager
SUBJECT: PRELIMINARY PLAT, DENTON COUNTRY CLUB ESTATES, BLACK 11
LOTS 1-87 AND PARCEL G-3, BLACK 2, LOTS 1-52 AND PARCEL
G-11 BLACK 31 LOTS 1-47, PARCEL G-2
I RECOMMENDATION:
r
The Planning and Zoning Commission recommended approval, 7-0,
4 at their December 8, 1993 meeting.
SUMMARY:
I The 1;3.93 acre subdivision is located on US Highway 377 at
t Brush Creek Road.
't
The property is to 1'9 developed in phases as indicated on the
attached phasing map.
City services and facilities, including water, sanitary sewer,
electrical, and solid waste, are available.
Public improvements include interior subdivision streets with
a right-of-way of 50 feet and sidewalks along all street
frontages.
A 12 inch water line will be extended along US Highway 377
south of the subject property through the subdivision to tie
back into US Highway 377 to Brush Creek Road. The City will
participate in the oversize from an 8 inch to a 12 inch line.
A minimum 8 inch sewer line is required. A sewer lift station
in the northeast portion of the subdivision will have access
to an off-site easement to Brush Creek Road and tie into the
City's existing system. Fire hydrants ara required every 600
feet in residential areas.
Street lighting on all public roads within the subdivision
with a 300 foot spacing with lights provided at every
intersection and cul-de-sac.
A 20 foot utility easement along US Highway 377 is required
and 8 foot utility easements along all public streets within
the subdivision a.e required.
x•
Fire hydrants are required every 600 feet in residential
areas.
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Aliemr~.
Drainage is generally acceptable with the p sed p_ d
will be coordinated with Denton Country Club. The floodway
along the northern property line will be determined and
accurately shown on the final plat. It will be dedicated as
a drainage easement.
The plat, with the requested variances granted, conforms to
the minimum requirements of the Subdivision and Land
Development Regulationsr Chapter 34 of the Code of ordinances.
BACKGROUND:
The property is currently vacant. The preliminary plat
r contains 186 single family detached residential lots and four
parcels of golf course development. The development is
designed with the extension to the Denton Country Club Golf
Course weaving through the single family rebidences. Each of
the lots will have frontage on the golf course extension.
4 The applicants have applied for variances of specific
requirements of the Subdivision and Land Development
Regulations based on their detailed plan. These variances
were covered in detail in the staff report on the Concept
Plan, Detail Plan and variances.
ATTACHMENTS:
1. Location map
2. Preliminary plat
3. Phasing map
Respe lly submi t d:
City Managerrell
Prepared by:
Debra Goodwin
Urban Planner
Approved:
P 1 ~
4an Robbins AICP
Executive Director
Planning and Development
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ATTACHMENT
Denton Country Club Estates NORTH
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RUSH CREEK RD. Ni~r REEK
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Location Map
Date: 12/4/93 Scale: None
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ATTACHMENT 2 NORTH
Denton Country Club Estates P K,5pAffw
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Preliminary Plat
Date: 1214193 scale: None
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ATTACHMENT 3
Denton Country Club Estates J-7 NORTH
PHASE 1
PHASE 2
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Phasing Plan
Date: 1214/93 Scale: None
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Planning d Zoning
Minutes
December 8, 1993
Page 19
landscape plans. The smallest lot size is 11,000 square feet.
He alto mentioned that they would not do anything to have
negative impact on the drainage.
Dr. Gore comment that 95 percent of the trees would remain.
The view would remain. They are not acre Iota because the
development will be on city sewer because septic systems are
not feasible.
Mr. Cochran moved to recommend approval. Mr. Cooper seconded
and the motion carried (6-1).
b. Consider the General Development Plan for 163 acre tract
located on U.S. Highway 377 at Br`ish Creek Road.
STAFF REPORT: given by Debra Goodwin
Ms. Goodwin stated that the General Development Plan was
required because the property was being developed in phases.
i'
f Mr. Cochran moved to approve the General Development Plan.
Cooper seconded and the notion passed 6-1.
I
C. Consider the preliminary plat for Lots 1-87 and Parcel G-3
Block 11 Lots 1-52 and Parcel G-1, Block 21 and: Lots 1-47 and
j Parcel G-20 Block 3 of a 142.39 acre tract located on U.S.
Highway 377 at Brush Creek Road.
Ms. Goodwin again stated the 163.93 acre subdivision is
located on US Highway 377 at Brush Creek Road. There will be
four parcels for a golf course. A General Development Plan
was required as the property is to be developed in phase3.
There will be 77.77 acres or 186 lot of residential
development, 64.62 acres of golf course, 10,83 acres of open
space, and 10.72 acres of single family attached dwellings (50
lots). A Planned Development district was approved on the
property in 1986. The PD was never developed.
Mr. Norton moved to recommend approval of the preliminary plat
L, for riots 1-87 and Parcel G-3, Block 11 Lots 1-52 and Parcel 0-
1, Block 21 ands Lots 1-47 and Parcel G-2, Block 3 of a 142.39
acre tract located on U.S. Highway 377 at Brush Creek Road.
Ms. Russell seconded and the motion carried (6-1).
Huy said she thovght the drainage would bo addressed in
the preliminary plat, but it was not.
Kr. Robbins said the final plat would address that issue.
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5
ggendaNo.
Ageadaltem
Date
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated com-
petitive bids for the construction of public works or improvements
in accordance with the procedures of state law and city ordinances;
and
WHEREAS, the City Manager or a designated employee has receiv-
ed and recommended that the herein described bids are the lowest
responsible bids for the construction of the public works or im-
provements described in the bid invitation, bid proposals and plans
and specifications therein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SEC_ T_ ION I. That the following competitive bids for the con-
struction of public works or improvements, as described in the "Bid
Invitations", "Bid Proposals" or plans and specifications on file
in the Office of the City's Purchasing Agent filed according to the
bid number assigned hereto, are hereby accepted and approved as be-
ing the lowest responsible bids:
BID NUMBER CONTRACTOR
! AMOUNT
1560 OSMOSB WOOD PRESERVING
$35,000.00 {
SFc" nN IT. That the acceptance c! n
cumpetlt've bids shall not constitute a unL.. ct b tweenttheaClty
and the person submitting the bid for construction of such public
works or improvements herein accepted and opproved, until such
person shall comply with all requirements spocifled in the Notice
to Bidders including the timely execution of n written contract and
furnishing of performance and payment bonds, and insurance
Y
certif- icate after notification of the award of the bid.
SECTION III. That the City Manager is hereby authorized to
execute all necessary written contracts for the performance of the
construction of the public works or improvements in accordance with
+ the bids accepted and approved herein
,A , provided that such contracts
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are made in accordance with the Notice to Bidders and Bid Propos-
als, and documents relating thereto specifying the terms, condi-
tions, plans and specifications, standards, quantities and speci-
fied sums contained therein.
SECTION IV. That upon acceptance and approval of the above
competitive bids and the execution of contracts for the public
works and improvements as authorized herein, the City Council here-
by authorizes the expenditure of funds in the manner and in the
amount as specified in such approved bids and authorized contracts
executed pursuant thereto. r
t
SECTION V. That this ordinance shall become effective im-
mediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1994.
BOB CASTLEBERRY, MAYOR
ATTESTS
JENNIFER WALTERS, CITY SECRETARY
I
BYs
APPROVED AS TO LEGAL FORM1
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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DATE: JANUARY 4, 1993
CITY COUNCIL REPORT
4
~CFw~iiEfl~,.~~
TO: Mayor and Members of the City Council Oc!3 : qY
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1560 POLE INSPECTION AND TREATMENT
RECOMMENDATION: Council approve award of Bid #11560 Pole Inspection and
Treatment to Osmose Wood Preserving, Inc. in an amount not to exceed $35,000.00.
SUMMARY: This bid is for the inspection, evaluation, preservative treatment, and {
dent3- iion as to condition of standing poles that are in place and have accumulated j
ten (10) years or more of service. This bid is for a period of one year and unit
prices are in accordance with the bid tabulation sheet and unit price schedule for
pole reinforcing.
BACKGROUND: Tabulation Sheet, Unit Price Schedule, Memorandum from Fare
Emad ,-i Senior Engineering Aide.
y PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electrical Distribution.
"i
FISCALIMPACT: Funding available in 194 budget account #610-103-1031-593J-8339.
fully sub e '
toy V. Harrell
City Manager
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e Approved:
Name. Me nie Harden
Title, Buyer
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BID NAME POLE TREATMENT OSMOSE
s WOOD
PEN DATE NOVEMBER 9, 1993 PRESERVING
VENDOR -VENDOR VENTRYR- VEUDW
1. POLE INSPECTION AND
GROUNDLINE TREATMENT
AS PER SPECIFICATION
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E
j A. REATED POLE (INCLUDES C, BELOW) $21.62
B. REJECTED POLE (INCLUDES C,BELOW) $19.36
C. REPORTED POLE $1.66
D. 'HIGOMETER INSPECTION $5.13
(INCLUDES C, ABOVE)
*ALT. SOUND AND BORE $3.03
E. HOLLOW HEART INTERNAL TREATMENT $9.09
AS REQUIRED)
F. FUMIGANT TREATMENT (AS REQUIRED) $9.72
OOD FRAME PER POLE
MITE - FUME PER VIAL $4.35
0. REATED REJECTED POLE $22.65
(INCLUDES C, ABOVE) N/C
H. ORK SUMMARY
1. SMOSE HAND-HELD COMPUTER PER $0.26
FOLE (OPTIONAL)
SEE THE ATTACHED PAGE FOR PuICES
f ON THE POLES
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' osMUSC Agtru',Aen 2
UNIT PRICE SCHEDULE FOR POLE REINFORCING
(Distribution Poles)
NESC Grade B Construction
I
+A. Reinforced Pole
P 0 L E C L A S S
Pole 1 2 3 4 5 6 7
Height
300 $469.56 $393.80 $393.80 $339.40 $339.40 $324.39 $313.68
359 542.10 469.56 393.80 393.80 339.40 324.39 313.68
t,
40" 542.10 542.10 469.56 393.80 393.80 339.40 '
45' 713.10 542.10 469.56 393.80 393.80 339.40
501849.10 713.10 542.10 469.56 393.80
55' 885.47 760.55 572.19 487.75
60' 865.47 885.47 760.55 572.19
651 1035.78 885.47 760.55
701 1035.78 885.47 885.47
75' 1035.78 1035.78 885.47
B. Reported Pole $ 37.94 !
c. Rejected Pole (No Charge if inspected $ 42.43
by Osmose within 12 months)
D. Remove and Replace Telephone Co. Steps $ 15.21 i
S. Dig up and Locate Underground cable $ 14.92
F. Break up and Replace Concre_e $ 10.57
*Add $48.52 to all poles that are from 100 to 300 feet from 3
accessibility of truck.
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C1TYoIDENTOMMUNICIPAL UTILITIES / 901•AToxasS1root / 0entor%TX76201
MEMORANDUM
TO: Denise Harpool, Senior Buyer
FROM: Para Emadi, Senior Engineering Aide
DATE: December 20, 1993
SUBJECT: BID 51560
The Electric Utilities staff recommends the approval of Bid 51560
for the test and inspection of utility poles. The low bidder was
OSMOSE WOOD PRESERVING, INC. for the maximum amount of $35,000.
The funding for this project is included in the 1994 FY Budget.
FO:tn
12203057
cc: R.E. Nalson, Executive Director of Utilities
I' Jim Harder, Director of Electric Utilities
Ralph Klinke, Superintendent of Distribution
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ABendalte
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NO.
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A
CONTRACT BETWEEN THE CITY OF DENTON AND coxSTRUCTION ;
PROVIDING FOR AN INCREASE IN THE CONTRA ; AN
EFFECTIVE DATE.
, the City awarded a contract for
WHEREAS, on .rvi,x 21 1992
the construction O Carta n mprovements to Y%sTS wATER TmTmm PLANT
IW89ZRZ S in the amount O 8.647.000.00 ; an
WHEREAS, the City Manager having recom:%ended to the Council
that a change order be authorized to amend such contract with
respect to the acopa and price and said change order being in
compliance with the requirements of Chapter 252 of the Local
Government Code; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON:
SECTION I. That the change order to the contract between the
City and GPACON CONSTRUCTION It a copy of which is
+
attached hereto, n t e amount o no/100---
91o sre is
.46.000.00 hereby approve an the expenditure of funds therefor is ereby
authorized.
SECTION 11. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1994.
BOB CASTLEBERRY, MAYOR
I
ATTEST:
i
-SECRETARY
JENNIFER PALTERS9 CITY
APPROVED AS TO LEGAL FORM:
DEBRA AnAMI DRAYOVITCH, CITY ATTORNEY
BY: -
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Agenda No. S~ -06(
Agcan.G~te~ B
' DATE: JANUARY 4, 1994 ca
CITY COUNCIL REPORT O
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: CHANGE ORDER # 19 FOR WASTEWATER TREATMENT PLANT (GRACON
CONSTRUCTION P.O. # 26052A)
RECOMMENDATION: Council approve change order X19 in the amount of $46,000.00
to Gracon Construction Inc. for the Wastewater Treatment Plant Improvement
contract.
SUMMARY: This change order is for the installation of two (2) grinders, one on
each grit pump at the suction pipe. These grinders cut into fine pieces any debris
which clogs the grit pumps and degritter equipment. (See Public Utilities Board
Agenda Item memo dated 12-15-93 for more detailed information).
BACKGROUND: Public Utilities Board Item Memo, Change Order #19.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Wastewater Treatment.
FISCAL IMPACT: The project cost to date including Change Order 419 is still 19.7%
under the total budget for the plant upgrade and expansion.
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4od 11y sub t
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Harrell
ger
Approved:
Name: Mela a Harden
Title: Buyer
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December 15, 1993
PUBLIC UTILITIES BOARD AGENDA ITEM
TOs CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD
FROMs R. E. NELSON, EXECUTIVE DIRECTOR OF UTILITIES
SUBJs CONSIDER CHANGE ORDER NO. 19 IN THE AMOUNT OF
$46,000.00 TO GRACON CONSTRUCTION INC. FOR THE
WASTEWATER TREATMENT PLANT IMPROVEMENTS CONTRACT.
RECOMMENDATIONS
The Utility Staff and Alan Plummer and Associates, Inc., (APAI)
(See Exhibit I) recommend that the Public Utilities Board approve
Change Order No. 19 for $46,000.00 to install two (2) "grinders"
with associated piping, electrical and instrumentation
accessories at the New Flow Splitter/Grit Removal Facility.
SUMMARY:
The Flow Splitter/Grit Removal Facility is a new structure
installed in this Contract. The facility equitably splits sewage
flows to the North Treatment Plant and to the South Treatment
Plant. This structure also efficiently removes grit from the raw
sewage in order to minimize wear and tear on downstream pumps.
This new facility is so efficient that it not only removes grit,
but also weaves strands of debris (cloth, mop strings, rubber
bands, lint, etc.)into long twisted rag-like pieces. Originally,
the grit washing water was discharged to an existing drain line.
This drain line did not have enough capacity to handle the flow.
In Change Order No. 16, the flow was redirected to the head of
the Flow Splitter/Grit Removal Facility. These rag pieces
periodically stop up the Flow Splitter/Grit Structure pipes, grit
pumps and degritter equipment. Numerous manhours of labor are
required about once every one to two weeks to unclog these pipes,
pumps, and degritter equipment. To date, this facility has
clogged six (6) times. This is an unforeseen maintenance problem
which surfaced since operation of the new structure.
Alan Plummer and Associates has recommended the installation of a
"grinder" on the suction pipe of each grit pump. See attached
Exhibit I. This would be a total of two (2) "grinders". These
"grinders" serve the purpose of cutting into fine pieces any
debris such as rags, plastic, or wood which have stopped-up the
grit pumps and degritter equipment.
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02
Alan Plummer and Associates Inc. looked at eleven diPfe rent
options (Exhibit III) to solve this problem. Staff has evaluated
the options. Only Option 1 - renovate bar screen; Option 2 -
install bar screens or communitors upsteam of vortex grit; and
Option 6 - the selected option of two "grinders" are considered
to be feasible. Option 1 and 2 were eliminated because they
could not be designed and constructed within an acceptable time
period.
BACRGROUNDt
The "grinders" are the best solution at this time. A new bar
screen would probably be a better solution to this problem.
However, it is not feasible to design and construct it at this
late date in the Contract.
The City of Denton, Texas, Wastewater Treatment Facilities Master
Plan by Freese and Nichols, Inc., dated December 1989 recommends
the installation of two (2) new bar screens that would meet the
proposed state criterium of 0.5 inch minimum openings versus the
old State criterium of 1.0 inch minimum opening. The minimum
opening size of the present bar screen is 1.0 inch.
APAI was selected to design the plant expansion. One reason that
APAI was selected by the City of Denton was its desire to reduce
and spread out cost. During the preliminary design phase, it was
decided not. to modify or expand the bar screens.
A new bar screen probably would have solved the problem that this
Change order addresses. The new bar screens would have cost over
$100,00.00, much more than this Change order.
PROGRAMSt GROUPS OR DEPARTMENTS AFFECTEDt
Citizens of Denton, Denton Municipal Utilities, and Gracon
Construction Inc.
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FISCAL 3fJbIIdARY: ®q - o f a U
Alan Plummer and Associates Engineer's Estimate $11,000.000.00
Original Contract Amount (Gracon Construction Co.) $8,647,000.00
1
New Increase or Decrease in approved Contract Amounts:
Previouo Change Order No. 1 6,125.00>
Previous Change Order No. 2 9,640.97>
Previous Change Order No. 3 $ 2,982.00
Previous Change Order No. 4 4,950.83>
Previous Change Order No. 5 $ 71,187.00
Previous Change Order No. 6 $ 9,980.00
Previous Change Order No. 7 $ 6,196.00
Previous Change Order No. 8 $ 34,421.00
Previous Change Order No. 9 $102,000.00
Previous Change Order No. 10 $ 5,790.00
Previous Change Order No. 31. $ 8,194.00
Previous Change Order No. 12. $ 4,726.00
Previous Change Order No. 13. $ 4,628.00
Previous Change Order No. 14. $ 4,740.00
Previous Change Order No 15 $ 9,545.00
Previous Change Order No. 16 $ 4,900.00
Previous Change Order No. 17 $ 3,490.00
Previous Change Order No. 18 $ 9,785.00
This Proposed Change Order No. 19 $ 460000.00
Total of Change Orders $307,850.20
i
Revised Contract Amount $8,954,850.20
Net Change in Contract Time 0 Calendar Days
Revised Contract Completion Time 730 Calendar Days
i Percent Change Orders per original Contract Amount 3.56
With the proposed Change Order, the project is $2,6400450.00
or 19.71 under the total budget of $13,434,500.00 for the 15
mgd plant upgrade and expansion.
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Page 4
Respectfully sx it ed,
R. E. Nelson, Executive Director
Department of Utilities
Prepared by:
GI
Gerald P. Cosgrove, P.E.,
Engineering Administrator
Approved by:
Lee Allison, P.E.,
Director Water Engineering and operations
Exhibit I: Engineering Recommendation by Alan Plummer and
Associates
Exhibit II: Change Order No. 19
Exhibit III: Alan Plummer and Associates Inc. Options Letter
Exhibit IV: Projection Considerations
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EWI90NMENTALCri9L ENGINEERS R sherd H Smith. P f
437-04208 2 0
December 2, 1993
Mr. Gerald P. Cosgrove, P.E.
Water/Wastewater Utilities
City of Denton
901-B Texas Street
Denton. Texas 76201
Re: Pecan Creek Wastewater Treatment Plant
Grit Structure Grinders
i4'1 Mr. Cosgrove:
During LNw operation of the new Grit Structure, the grit pump check valves and grit cyclones have several
times become entangled with rags and other stringy material passing the bar screen and, the piping and
equipmew has to be taken apart and cleaned, Previously these solids µere collected at otter locations on-
site such L the primary sludge pumps, the gravity sludge thickeners, and the anaerobic digesters, and
have caused maintenance problems at these locations.
The original des rA of the grit structure had all of the grit washing water being discharged into an existing
sewer line on the plant site. All rags and other stringy material removed in the grit units were returned
to the front P. the plant. The material then had to repass through the bar screens where some of it could
be removot However, the existing sewer line would at times backup flow into the foreman's offices due
to the addi 3onal flows from the grit structure. The grit washing water was repiped to discharge back into
the front A the grit structure. This has inadvertently resulted in all the rags and other stringy material
being writinuously recycled through the grit structure until the piping and grit cyclones became clogged.
Afar evaluating many options for remedying this problem, we recommend that two grinders be installed
in front t IF the grit pumps to grind the rags into such small particles as not to create additional problems.
The grinder blades will likely require replacement every 12 months or so. This option is less expensive
than insta`ling a new drain line from the grit structure to the raw sewerage lines into the plant.
We have eviewed the various options available and our recommendation with the plant operation staff
and engireering staff, and they concur with this approach. Please let us know if you have any questions
or requir; any additional information on this manor.
Sincerely,
ALAN PLWAER AND ASSOCIATES, INC.
A. I&, Head, 111. RE
ALH:mds
cc: Mr. David Ham, P.E., Consultant. City of Denton
Mr. Lee K. Allison. City of Denton
a Mr. Howard Martin. City of Denton
Mr. Clete Martin. Resident Project Representative, Alan Plummer and Associates, Inc.
File 457-0423 C.2
File 437-0420 C.2
EXHIBIT
•naovar,.•ne
2l0 Weer Sixth Street • Sum 400 6 Fan Werth. Ten! 1610241303 6 1135713324065 • Metre 0171429 9567 a FAX i8171 3384626
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CHANGE ORDER [CO]
od ~
Ago,^daNo
PROJECTr pecan Crrek WWTP Improvements PROJECT NVIMRS
OWNERr CITY Of DEUNI TEXAS Owners -103 i
ENGINEERS Alan Plummer and AaJOCiates Inc 3nginaeri457-042S1IapAi! ,I
:ONTRACTORr Gracon Construction Company Contzaetorr 9203
CHANGE ORDERt__39 Dater Dec. 1. 1993 p 07 ~0e-yd' I~
The compensation agreed upon in this Change order is a full, complete and final payment for
all costs the Contractor incurs an a result of or relating to this change, whether said
costs are known, unknown, foreseen or unforeseen at this time, including without
limitation, any costs for delay, extended overhead, ripple or impact cost, or any other
affect on changed or unchanged work as a result of this change.
1 CHANGE ORDER WORK TO ON PERFORMED
Proposed Contract
Modification Time Extension Da Amount $
1. REFERENCE PCH NO.
This Proposed Contract
Modification is for two (2)
grinder pumps in suction pipes
of two (2) grit pumps at the
Flow Splitter/Grit Removal
Structure. These two (21
grinder pumps will solve the
problem of stringy debris in raw
sewage stopping up these pipes
and degritter equipment. 0 $46,000.00
` TOTAL 0 Calendar Days $46.000.00
t
+ Distribution:
"7-0425 D.22 Dave Ham Consultant
•0420 D.22 Purchasing City of Denton
..e Graves Gracon Construction Fineness City of Denton
Ron Janson Gracon Construction R.E. Nel■on City of Dentcc+
Lee Allison City of Denton
l' EXHIBIT II
i
5 `
7
CHANGE ORDER [CO] 2 Page of 3
11an Plummer and Associates Engineer's Estimate $11,000.000.00
Original Contract Amount (Craton Construction Co.l 58,647,000.DO
New Increase or Decrease in Contract Amounts
Previous Change Order No. 1 <S 6,125.00a
Previous Change Order No. 2 9,640.97o . 0 d
Previous Change Order No. 3 $ 21982.00 Agenda No.
Previous Change Order No. 4 4,950.83a
Previous Change Order No. 5 $ 11,167.00 Agsndaltem
Previous change order No. 6 $ 90960.00
Previous Change Order No. 7 $ 61196.00 113te^
Previous Change Order No. 8 $ 34,424.00 Da
Previous Change Order No. 9 $102,000.00
Previous Change Order No. 10 $ 5,794.00
Previous Change Order go. 11. $ 8,194.00 I
Previous Change Order go. 12. S 4,726.00
Previous Change Order No. 13. $ 4,628.00
Previous Change Order No. 14. $ 4,740.00
Previous Change Order No 15 $ 9,545.00
Previous Change Order No. 16 $ 4,900.00
Previous Change Order No. 17 $ 3,490.00
Previous Change Order No. 18 $ 9,785.00
This Change Order No. 19 $ 46,000.00
Total of Change Orders $307,850.20
I
Revised Contract Amount $8,954,8S0.20
Net Change in Contract Time 0 Calendar Days
Revised Contract Completion Time 710 Calendar Days
\ Percent Change Orders per Original Contract Amount 3.56% j
Attached PCX 106
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CHANGE ORDER [COI 3 page of
letonaeaded by A oved Contractor
Consulting ingiaeert ppr
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for
and M"Ciatee, Inc.
4 Dates ~Z'7 4s Data,
Approvad by INLuseriag Administrators
for ty of canton: Teas
Approved by purchasing Agent
By
f r City of Deatoa, Texas
Approved Dtreeta of water ugiasering and Operations
oi ,City of Denser, Teats S=0 - iS,000;
by
Approved by laeentiy Div or of utilities
!or ty a Deaten, Teaes
Away" by City Co=oil
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for City O Destea, Issas (115,000 and above)
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11[SIDWT RSP}~WTA?TV[ Cii'R uMTiN .a N0.
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AgendaNo. -
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Chiang, Pahl and Mouates, Inc.
Cotteuil4np EnglrtNa Docesber 11449
W. Clete MARK P.E. ads, tl~rJo. I~f~-o ~ ~
A1ttalhrrs waAnotdeta, Int. Ao ;Cn1
it0 W. tltb Ot nM dolts 400
fort Worth, 7% M02
RM ?Ma Crook Weser 1Reolatuden Plant
ffieetti<al and 1"UUm►ntation requirements for 0&der 1141"adon.
Oaer Cbw:
In teprd b rho abwo maattou the Wllowiq itetos should be WNdad la the FCM for
operwm of the proposed jruAst lyateta,
Qrlt ymp 1142W me4Wle"IM, rMM1 eyte time de a" aaassd time
r,
owl 319 to on 0 Popp, gut a dw (3 W04 We F ft pomp wIU herb
47ebt Asr P"w, Ii:ail be freer MCC-OR eubtlda, OR03R ad OR-MR spi
MAM Wass. Provide 2.1" tott"te goat MCC to touch wall of obdoaar
w *%u4 tome dews Iselde of w4 itan Wtu 1111E at flats:, Roble wdtdts tetposed
00 otstanrsa, tban lots ma anaeed nude lmW to pit structure. Cotsduftl nften
tbas be wo qw" to Rlndat ooteh+ol pa" Bach aordtdt shell otstsia
3IIX#13p, plan, 2#14 to pit ptuap, 6#14 to utp>laWO awns ibr 9COA
s
die edw imp Marts!, s W be m msfiC mss studerd NEMA 4X putt except
pttotride a HaA -Off•Auto wArA a remote start eaum he th4t $CAVA IpM to
j lum Awe pee 04 2 toropen ran madkts, aus for monitaliap w the each
1 ry n oss ilea stop of tb pit pump, oar QWCWly open 21100d0a 004taet
to usaots mMho to tha $CADA system Mom ttoatroi pub on aiumf=
1FrSteAradts,
sartltetllwtRaw w4dumadw, Pie" 4 d10W Input petal tot then tun end
tMtlfaoedametetm, 2 ft-W ~~+►t po<as+ Ibsd«ct to~ iacti taken
leas Ali LM. is tatted sbebe
r well u a user fuootiam, operator *W IOWA a amont,t of time to tun welly hour.
e~ewtwea~t+..e
Rt"CX14711 1. fill MMMONe rRIMAK 14111 MO, DALLAS. IM 76247
I14-11144 FAX IIAN14"I
t t!: 3StE-SSE-EtB►NOlN30/:yd`s t,dtlS:E S?-'. -sl: IECL •114oitlel xa.tK;,,E 1~l3S
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At r.'.Ir nr_ -
04 15
Mr, t Me+elo. P.E.
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Plus" evil If you abaaid bsvs ssy quesfoN eaxensb4 this cmiet.
glaoereb ya~rs~
S,4WOF PATE,L AND AMOCIATOw M
FShJA N. UU*W . P.Er
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Ceas" Comaructiae, Inc.
pA, feat 116419
lievotte, Texas 7ii11.0711
Ate city of Ceatow
Pecan Crook Watanter Yraatmem Plant talprovaesnne
Cob No. M03
M No, 196 • Orit Stmature Grinder
Lear W. Anneal
please price the purchasing and installation of the 121 friedars
on the suction side of the grit VA
94 and valves at the grit
steuatun couletent vlth the pspin' amfiguratien aazd
elaotrLWAnstwWwtation aontreU attaeha4. Cowd satiett and
%wk trs ether trades, inoluALW palotiag, will be requLroa,
11416e eip, data, and return the attacked PM roil along with a
Not bredldo%% for this vork.
j
1 Sincerely,
VwirP:AU= AM Auioc:ASU1 :NC.
M W a Mmrtin
Project Ispresunt■tiva
Mao
off We Dave YAM, P.311 Cionaultagt
*a 11, t,1e wad IIl, P.R., Alan flumAr and Assoclatae, Inc.
4.. Ts~le 9i7•a+3i a.f0
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Alan Plummer
and Associates.:nc.
457.0420/2 9`F-o01
November 22, 1993 fi lB ~
Mr. Gerald P. Cosgrove, P.E. D
Water/Wastewater Utilities
City of Denton
901.8 Texas Street
Denton, Texas 76201
Re: Pecan Creek Wastewater Treatment Plant
Grit Structure Grinder Options
Dear Mr. Cosgrove:
During the operation of the Grit Structure, the grit pump check valves and grit cyclones have
several times become entangled with rags and other stringy material passing the bar screen and,
the piping and equipment has to be taken apart and cleaned. Previously these solids were
collected at other locations oa-site such as the primary sludge pumps and caused periodic
maintenance at these locations.
Below am listed the various options we have evaluated to try to reduce the amount of
maintenance required at the grit structure. The estimates of cost are preliminary only. We have
not received specific prices from the Contractor on any of these items.
I 1. Renovate the bar screen structure to install communitors (channel grinders;. This
would grind all incoming solids but would involve significant engineering and
construction. Construction costs could exceed $100,000.
2. install bar screens or communitors in the inlet channels upstream of the vortex ,mt
chambers at the grit structure: This too, would be very costly and would be a
challenging installation.
3. Install =1 grinder on the suction side of the grit pumps on the common header. This
r
option would require special interlocking controls to reverse the grinder direction
every time a different grit pump is turned on. This option would also reduce the
flexibility of the grit pumps, i.e., vortex unit l could oniv use Grit Pump 2 and oniv
one grit vortex could be used at a time under normal conditions. The grit facilities
are designed to handle a total peak flow of 40 million gallons per day ; MGD) with
both units in operation. This option would cost approximately 520.000 to 535.000.
9 '
/wM
EXHIBIT III
::0 41'ra Sa:h Street • $un4 400 • fen Worth. Texas ;61024803 •4171 3324085 6 M•tro 18311429-9567 m %4X 9171 3394626
y:✓
3 fr
1 ~
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Mr. Gerald P. Cos o%e. P.E. e_/_
Page 2
November 22, 1993
OU ~J/f1t.Sy0-4-
4. Take one of the two grinders from the sludge holding tank and install it at the grit
structure. This option would reduce the flexibility of the belt press system by only
allowing one sludge pump and belt press to operate at a time. The belt press controls
would also require modification to accommodate one sludge pump for either press.
The grit structure flexibility and normal capacity would also be reduced (see Item 3).
This option would cost approximately $5,000 in labor and electrical pans.
5. Install on grinder on the suction side of one grit pump. Rags would only be ground
when using one grit pump. The tendency would be to wear out one grit pump while
not using the other pump at all. When the pump without a grinder is used, the initial
maintenance problems would still occur. This option would cost approximately
$20,000 to $25,000.
We do not tecornmend using any of the above-listed options. Below are listed several options
with varying costs that are possible. Each has benefits and drawbacks. The City will have to
decide whkh benefits and drawbacks it desires to have.
b. Installing 2 atinden. one on the suction side of each sludge pump. The grinders will
be wired to come on 5 seconds before the pump comes on. This would have the
benefit of matching the intended 40 MGD design capacity of the grit structure and
would maintain the fkxibihty to utilize either grit pump with either grit vonex. The
only drawback is tM replacement of the grinder blades approximately once per year.
This option will cost approximately $40.000 to $50.000.
7. Install a grinder pump on the discharge side of the cyclones. This option would
grind all debris once it has passed the check valve and cyclone and thus prevent the
continual recycling of the rags and stringy materials back Intl the :orax _6:t units.
'Me debris would not be ground up before reaching the check valve and cyclone. and
there still will be a litnited amount of maintenance required. This option will cost
approximately $22,000 to 527,000.
S. Construct a "basket" on the discharge of the cyclones as the liquid is deposited into
the grit structure influent well. This option would prevent recycling of the debris.
but would require daily emptying of the basket. There still wiil be a limited amount
of maintenance required as the rags and stringy material will still pass through the
check valves and cyclones before the material is removed. This option .will cost
approximately $2,500.
N
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ri
\tr. Gerald P. Cosgrove. P.E.
Page 3
Novcn,.ber 22, 1993 t'IO ~9 y aL ipcc~-Cv
9. Remove the thee 0 `J f/
valy on the grit pumps and install a spool in their place. This
. es
would increase operators dependence on the plug valves to isolate flows between the
unite and would increase the chances of a pump turning backwards, potentially
causing damage to the pump. Once the initial valving is determined, however, it
would not change unless one of the grit pumps or cyclones is out-of-service. This
I option will cost approximately $1,500,
10. Combine options 8 and 9 for an approximate cost of $4,000.
11. Chance nothine. Live with the piping/equipment and maintenance as it is. This is
a tradeoff between maintenance/operations costs versus additional equipment costs.
With two grit units and the equalization basin, the required maintenance every two
to four weeks should not effect overall plant operations unless a high flow event
occunvd simultaneously with the entanglement of rags in one of the units. The grit
pumps would need to be turned off under this circumstance until the high flows
1 subsided If a grit unit is plugged by rags or other debris during high flow
i conditions, grit will either collect in the grit vortex or in the primary clarifiers.
We are available to discuss these various options in greater detail with you and the plant
operations staff. Please let us know if you have any questions or require any additional
information on this matter.
Sincerely,
ALAN PLUMMER AND ASSOCIATES, INC.
A. Lee Head. III, P.E.
ALH;mds
cc: dlr. David Ham, P.E.. Consultant, City of Denton
Mr. Lee K. Allison, City of Denton
Mr. Howard Martin. City of Denton
,Mt. Clete Martin, Resident Project Representative. Alan Plummer and Associates. Inc.
File 457.0425 C.2
Fie 457.0420 C.2
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PROJECT CONSIDERATIONS
~.O h d O~Ge.~s~
• The Flow Splitter/Grit Structure Facility clogs up every one
to two weeks.
• In the preliminary design report, it was decided not to
upgrade the bar screens which would have addressed the
problem.
• The "grinders" are the best solution at this time in the
Contract. ;
• The project is $2,640,450.00 or 19.71 under budget with the
proposed Change Order.
.
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Exhibit IV ~
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 1 TELEPHONE (817) 566.8307
Office of the City Manager
MEMORANDUM
y' P
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TO: Lloyd V. Harrell, City Manager,
'ROM: Rick Svehla, Deputy City Manager
1 DATEt December 28, 1993
SUBJECT: Small Cities Ambulance Contracts
Attached to the agenda is the contract from the City of Hickory ;
Creek for EMS service. Council may recall that this year we are
implementing the beginning of rate increases. Consequently, you YI
i will note that the contract is for $3.50 per capita as directed by
4 9
F the Council. This contract had been delayed so we could provide E
additional information to thsj City Council members of Hickory ;r
Creek. z
i If you or the Council has further questions, I would be happy to i
~try and answer them at your convenience. ,1I
i
~ J
Rick ve la ~
Mr
Deputy City Manager
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RS:ss
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AMM0036C 7
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t. "Dedicated to Quality Service"
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E: \YP0005 \RE S WBUtAXC. SEA
~endaNo _o o /
Agtidr,li6 G
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RESOLUTION NO. w
1d Ja-A
A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN
THE CITY OF DENTON AND THE CITY OF HICKORY CREEK FOR AMBULANCE
SERVICES! AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION L1 That the city Council of the City of Denton hereby
approves an agreement between the City of Denton and the City of
Hickory Creek for ambulance services, a copy of which is attached
hereto and incorporated by reference herein, and the Mayor is
hereby authorized to execute said agreement on behalf of the City.
SECTION II. That this resolution shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the day of , 1994.
BOB CASTLEBERRY, MAYOR
ATTESTS
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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AaREENENT FOR AMBULANCE SERVICE + 0 s
BETWEEN THE CIT: OF DENTON AND C V k7
THE CITY OF HICKORY CREEK
Recitals
The City of Denton currently provides emergency medical ser-
vices to the citizens of Denton. The City of Hickory Creek would
like to contract with the City of Denton to receive emergency
medical services for its citizens. Pursuant to Chapter 774 of the
Health and Safety Code (Vernon Supp. 1991) and the Interlocal
Cooperation Act (TEX. REV. CIV. STAT. ANN. Art. 4413 (32c)), a city
may contract to provide emergency medical services to the county or
another city.
Agreement
his Agreement is made on the c ~fday of (.1P azzl ?.c ,
1992, between the City of Denton, Texas (Denton), and The City of
Hickory Creek (Hickory Creek).
The parties agree as follows:
1. Definitions. Emergency Medical Services or E.M.S. means
personnel and ground transportation vehicles used to respond to an
individual0s perceived need for immediate medical care and to pre-
vent death or aggravation of physiological or psychological illness
or injury.
4 2. Denton to Provide ENS to Hickory Creek. Denton shall
J provide emergency medical services to Hickory Creek in response to
requests for emergency medical services in accordance with this
Agreement. All requests for emergency medical services for persons
residing in the corporate limits of Hickory Creek shall be com-
municated to Denton in the manner specified by Denton.
3. Discretion in Providing E.M.B. Hickory Creek understands
that Denton must also respond to requests for emergency medical
services for persons in Denton and that Denton has other contracts
to provide emergency medical services to other entities. Denton
shall have the sole right and discretion, without being in breach
of this Agreement - .1 without liability to Hickory Creek, to
determine:
(a) Whether or not to respond to a request for medical
emergency services
(b) Whether and when personnel or equipment are available
to respond to a request for emergency medical service;
(c) The order is which to respond to a request for emergen-
cy medical service; and
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(d) The time in which to respond to a request for eme 'g6n y
medical service.
4. Service Pas. In consideration for providing emergency medi-
cal services to Hickory Creek, Hickory Creek agrees to pay to
Denton an annual sum during each year of this Agreement determined
by multiplying the population in Hickory Creek by Three Dollars and
Fifty Cents (population x $3.50). The population figure used shall
be that contained in the latest edition of the North Central Texas
Council of Government's Regional Directory. The annual payment
shall be paid to Denton in equal quarterly payments on or before
October 1, January 1, April 1, and July 1, of each annual term.
Denton may, after giving prior notice, suspend service to Hickory
creek during any period of time Hickory Creek is delinquent in the
payment of any undisputed service fee.
6. patient Cbargas. In addition to the service fee paid by
Hickory Creek, Denton may charge and collect from persons provided
emergency medical services, the patient fees established by ordi-
nance of Denton.
6. Covernasatal Iuunity Not Waived. Neither Denton or Hickory
Creek waives, nor shall be deemed hereby to waive, any immunity or
defense that would otherwise be available to it against claims made
or arising from any act or omission resulting from this Agreement.
7. Tara. The term of this Agreement shall be in one year
increments, beginning on October 1, 1993 and continuing to
September 30 of the following year and thereafter from year to year
until terminated in accordance with this Agreement.
8. Terainationt Default. Either party may terminate this
Agreement at any time without cause by giving ninety (90) days ad-
vance notice in writing to the other, specifying the date of termi-
nation. If either party breaches a provision of this Agreement,
the other party shall give the defaulting party written notice of
the default. Should the defaulting party fail to correct the de-
fault within thirty days of the date notice of default is sent, the
other party may declare the Agreement terminated. Hickory Creek
shall be liable to Denton pro rata for the payment of emergency
medical services provided up to the date of termination.
9. Notices. All notices sent under this Agreement shall be
mailed, postage prepaid, to the respective addreases, as follows:
To Denton: To Hickory Creek:
City Manager Mayor
City of Denton of Hickory Creek
-215 E. McKinney P. 0. Box 453
Denton, Texas 76201 Hickory Creek, Texas 75065
page 2
i
Y
10. Agreement Not for Benefit of Third Parties. This Agreement
is not intended and shall not be construed to be for the benefit of
any individual or create any duty on Denton to any third party.
11. Assignment. Neither party shall assign this Agreement
except upon the prior written consent of the other.
EXECUTED on the _071 _ day of ~Lrom A24,-,, , 1993
.
CITY OF DENTONv TEXAS
BY:
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BYs
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY3
CITY OF HICKORY CREEK
j
BY
OR
ATTEST:
s+,«~
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RESOLUTION NO.
F` A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A RELEASE RELATIVE TO
THE ESTATE OF RUTH I. ANDERSON; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES!
I!
SECTION I. That the Mayor is authorized to execute a release I
relative to the Estate of Ruth I. Anderson, which is attached
hereto and made a part hereof.
SECTION II. That this resolution shall become effective
immediately upon its passage and approval.
I
PASSED AND APPROVED this the day of , 1994•
,I
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCHO CITY ATTORNEY
BY
A.
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ktadf;Em
N0. PR_93.4551 ~4 07 ~i d? ~1s 9Gi
In re Estate of § IN THE COUNTY COURT
§ AT LAW NO. 3
Ruth I. Anderson §
§ DENTON COUNTY, TEXAS
Deceased § PROBATE DIVISION
WAIVER, RELEASE AND AUTHORIZATION
c
The City of Denton is a residuary devisee of the estate of Ruth I. Anderson, deceased,
under a will filed for probate in the County Court at Law No, 3 of Denton County,
Texas, in Cause No. PR-93-451.
Included in this estate was a Baldwin organ that Ms. Anderson attempted to give to
Gethsemane Presbyterian Church prior to her death. Legal questions have arisen
regarding the effectiveness of this gift. If the gift were not effective, the City of Denton,
as a residuary devisee, might have an interest in the organ,
The City of Denton, in order to avoid any legal dispute over the effectiveness of the gift
and to honor Ms. Anderson's stated desire, hereby waives any interest it might have in
the organ and authorizes its transfer to the Gethsemane Presbyterian Church.
The City of Denton further releases Fairchild H. Carter, named as executor in the will,
and the estate of Ruth I. Anderson, from any liability either might have as a result of
such transfer.
Notwith,landing the foregoing, this waiver, release and authorization shall be effective
only if all residuary devisees execute a similar document.
Dated 199__.
t.
;t CITY OF DENTON
}
Authorized officer
3 DEC 17 1993
C'TY CF ,.YON
LEGAL DEPT.
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WSJAnuary 4, 1994 q
CITY COUNCIL AGENDA ITEM
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: CONSIDER RESOLUTION AUTHORIZING THE CITY'S SUBMISSION OF
AN APPLICATION TO THE FEDERAL COMMUNICATION." COMMISSION i
FOR CABLE TELEVISION RATE REGULATORY CERTIFICATION.
RECOMMENDATION:
The Cable Television Advisory Board recommends that the City
of Denton pursue certification from the Federal Communications
Commission as a cable television regulator.
BACKGROUND/SUMMARY:
At its December 21, 1993 meeting, the council received a
report from staff regarding the 1992 CABLE TELEVISION CONSUMER
PROTECTION AND COMPETITION ACT (referred to as the Cable Act). f
Under provisions of this Act, the City may apply to the ;
Federal Communications commission to be certified to regulate I
basic cable television service and equipment rates in Denton. f
Subsequently, the council instructed staff to prepare a
resolution authorizing the submission of a certification
application, The requested resolution has been prepared and j
is attached for the Councils consideration,
I f
FISCAL IMPACT:
While the fiscal impact of certificat.on is difficult to
determine due to its relation to the munber and amount of
basic cable rate increases, cost should not exceed $35,000
j should the City use an outside consultant to assist in the
rate analysis.
Resp fully submitted
e
SI
Lloyd V. Harrell
City manager
t i! ati y,','j~ sr GBCFAT/1
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Ageoda. No._ gy'6n/
Agendahm..__ ,
pge nuary 4, 1994
CITY COUNCIL AGENDA ITEM 00/ ~d ava^
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: CONSIDER RESOLUTION AUTHORIZING THE CITY'S SUBMISSION OF
AN APPLICATION TO THE FEDERAL COMMUNICATIONS COMMISSION
FOR CABLE TELEVISION RATE REGULATORY CERTIFICATION.
RECOMMENDATION:
The Cable Television Advisory Board recommends that the city
of Denton pursue certification from the Federal Communications
Commission as a cable television regulator.
BACKGROUND/SUMMARY:
At its December 21, 1993 meeting, the Council received a
report from staff regarding the 1992 CABLE TELEVISION CONSUMER
PROTECTION AND COMPETITION ACT (referred to as th9 Cable Act).
Under provisions of this Act, the City may apply to the
Federal Communications Commission to be certified to regulate
basic cable television service and equipment rates in Denton. t
Subsequently, the Council instructed staff
to
re
are a
resolution authorizing the submission of a ceri fication
application. The requested resolution has been prepared and i
is attached for the Council's consideration.
i
FISCAL IMPACT:
While the fiscal impact of certification is difficult to
determine due to its relation to the number and amount of
basic cable rate increases, cost should not exceed $35,000
should the City use an outside consultant to assist in the
rate analysis.
Ii
Resp tfully submitted
Lloyd V. Harrell
City Manager
CAVERT/1
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CITY COUNCIL AGENDA ITEM P~ IN'r
Page 2
i
Prepared by:
I
Bill Angelo €
Director of community Services
Approved by:
R. E. Nelson
Executive Director of Utilities {
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CAVERT/2
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Cable Television 1993: Is It the
Beginning of a NBetween
Local and Federal Government.
n 1993, the cable Industry will generate $20 bil-
lion in revenue in the United States. Will your
community benefit from this $29 billion in rev,
r rs_ ; enue and the increase in channels from 30. 60, or
100 to the promised 500?
f✓ Will cable finally reach its potential to build
4 1 for local government the last mile in the informa-
tion superhighway, the mile to be traveled by {
voice, data, and facsimile in addition to the current flow
of video entertainment? Will your community become
more active in the regulation of cable televisian rates, ser•
vices, and consumer standards, or will it leave those issues
to the market or the federal government?
Or Just Will your community be involved in the decision mak-
„•,ing over whether cable companies will provide telephone
More services and telephone companies will offer video set
vices? If this happens, will }our community get more in
franchise fees or less?
Of ale This article deals with a number of these questions and
informs local government administrators of federal activ-
Same? ity that affects their ability to participate In the rapidly
moving telecommunications revolution,
John Kenny Fedeval Versus Local Relluiatlon
There always has been a split between the federal and
local gmernmenu on the issues of who should regulate
cable television and how. One thing, however, always has
lien clear. [Because cable television companies use local
'accts and rights-of-way, local governments (and in some
9 October i!N
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cases. state governments) have had most sigro leant a•,pccts affecting
authority' to decide who would Figure 1 local government regulation of cable
the
ecrite a franchise to provide local The 1982 Cable are rate regulation and customer ser•
cable sen'ice. Television Act's Impact rice standards
('nfortunately, the clarity has on Local Governments
ended there. The federal government Prevents the granting of exdu- Local Government Options
pas the authority t.a regulate the air- sits Ganch g ti has so far an Customer Servfee
1tcs l xa1 television stations use the ises, as
heir been customary, and encOUr- O
titwacestobroadcssttsignals. Be- On "`!arch ll, 1999, the FCC
au+'e cable systems re
broadcast signals, the federal mit gown- e ages the awarding of compel- adopted a Report and Order estab-
tke franchises. lishinq and implementing customer tnrnt has asserted a role in the regula• tiAllows municipal authorities service standards for the cable
teleci•
linty of cable trlrvisiou, to operate their own cable son indastry. These rules became ef-
From 1930, when cable first systems. (ective on July 1, 1999, bit, they can
tarted in Pennsylvania, to the mid- -Provides the authority to en- be enforced only after a franchising
1980s, local governments and the force the various "consumer authority provides to the cable oper•
federal government used a hodge- protection and customer ser- ator a 9Uay written notification via
Foodge of rules and regulations to vice" provisions of the Act. certified mail of intended enforce.
govern cable. In 1984, the U.S. •Allom states and/or franchis- ment plans. The FCC established
(:ongress, at the urging or the cable ing authorities to regulate the "self-executing baseline customer
industry, dramatically- changed the ownership or control of a service standards" on which local
rides of the game and dealt a blow to cable system. governments may rely to ensure that
h+calities by essentially deregulating *Allows enforcement of the cable "steins "provide an adequate
97 percent of all cable franchises and newly legislated provisions on level of customer service," '
minimizing the local power ovtr "children's protection from in- The key areas covered by the cur
ratesandser ices, decent programming on tomer service rules are office hours
Since deregulation, monthly rases leased access channels." and telephone availability: )ustalla-
for bask cable service have risen by a 613ices the local franchising au- tions, outages, and service calls; ccm-
whoppiag 40 percent in one-quarter thority additional powers over inurtications, billing, and rclhnds;
+,r the nation's cable homes-three the cable s)stemi ability to and evaluation of cable systems' per-
timrs the rise In the consumer price change channel assignmente,. formance and satisfaction of cut-
f indrr (CPT) for the comparable pe• -Sets tip procedures by which tomer service standards. Congres-
rind. In many cases, despite in- franchising authorities can sionaI and FCC actions are summa-
trrased rau s, cable service has de- deal with franchise renewals. rized In Figure 2.
,generated. to Limits the monetary liability of Essentially, what the federal guv-
Because of the rate increases and a state, county, city, or town if ernment is saying to local authotities
a ,general dissatisfaction with many it is sued by a cable operator is that the localities are closest to
Iall'senices, the U.S. Congress last for carrying out the provisions cable television subscribers, that they
vrar eaacted (uver President Bush's of the Act. know the extent of the problems,
veto) the Cable Television Consumer and that they should have the au-
Protection and Competition Act of thority to rentrdy those problems
I'r42 (Public Law 102.385). A pri- opportunity for local and state fran- and set the appropriate local van.
many finding of the Congress was chising authorities to gel back into dardy,Aow, it is up to local authari•
that'franchisingauthoritiesarerind- regulating cable rates and many as ties to decide if their communities '
ing it difficoh under the current reg• pees of cable service. The Act sets should have customer service regula-
ulatnry schtme to deny renewals to up procedures and standards for the tiorts and take the simple steps neces-
t able systems that are not adequately franchising author icy to become cei- sat y to comply with the federal re-
serving cable subscribers." This diffi• lifted by the Federal C'ommunica- quirement by becoming cerflficatrd.~
laity %as due in large part to the pro- lions Commission (FCC) and con-
tisiuns of the 1984 federal deregula• taint many provisions of direct Cable Rate Rule Making
.r ' tion law, which had severely limited Interest to local,gnvcrurncnu.
Ilwal regulation options. Figure I summarizes the 1992 On April 1, 1999, the FCC issued its
The 1972 Act attempts to reverse Cable Act pro%kir,us tls.rt have an ba- second major ruling, taking inmtcdi-
that deregulation and provides an pact on local g,ncrunu•ut.s. The tyro ate steps to provide fi,r x significant
1 111110 M111=twill 7
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reduction in current cable rates and
Figure 8 placing acapon future rate increases.
Congressional and FCC Actions Relating to Customer The commission estimated that the
Service and Consumer Protection portntial benefit of their action to
would be about $l billion.
9-1-he 1992 Cable Television Act gives a franchising authority the right to Then effective date of the new rate
establish customer service requirements at any time, noijust in connec- regulation, which has been changed
lion with a franchise or renewal, on two occasions, at this writing re-
•A Iranchising authority has the right to exceed the FCC standards or mains at September 1, 1993.
adopt ones that differ from FGC standards.by enacting an appropriate The FCC Order setting up the
law or regulation or by making an agreement with the cable operator. new cable price regulations runs to
• Provisions of existing franchises that are more stringent than FCC scan- more than 500 pages and is quite
dards are grandfathered, complicated. What is the bottom
• Franchising authorities may determine their own enforcement mocha- line? The FCC and the Congress
nisms and processes, which will become applicable to cable operators have concluded that cable rates are
90 days after notification by the franchising authority too high and that someone in the
• Franchising authorities also are free to enforce FCC standards pursuant federal government must do some-
to existing franchise agreements; to applicable state, county, or muni& thing about them. (Regulation rules Ile
pat consumer protection or customer service law or regulation; or to are summarized in Figure 3.)
the franchising process. The FCC noted that local franchis-
•To the extent that existing franchise terms prohibit local enforcement ing authorities and the commission
of FCC standards, such provisions are preempted by the 1992 Act have shared jurisdiction over the reg-
•A franchising authority may unilaterally modify exiting franchise ulation of basic cable service and
agreements to the extent that is necessary or desirable to implement equipment rates. The commission de-
local enforcement of new FCC standards. cided, however, not to exercise its jut-
e Local governments are free to use any number of reasonable remedies risdiction unless a local franchising
to assure compliance and fairness (e.g., ordering credits or refunds). authority's certification is denied or
-The FCC will permit small systems to seek waivers of specific standards revoked, or the franchising authority
if the cable operator concludes that one or more standards are too requests the FCC to regulate basic
onerous. ("Small s)stems" are defined by the FCC as systems with 1,000 rates sources to regulate or insufficiethe nt re-
or r fewer subscribers.)
authority to do so. The FCC has setup
a certification process under which
franchising authorities may begin fil-
Figure S ing requests to become certified.
Stimmary of FCC Cable Rate Regulation Rules (Chat do local government man-
agers need to do and when? In com-
@Cable systems have been forced to roll back rates in approximately 75 munities where franchises bave been
percent of the natiop's cable households, reducing rates to September , issued for cable television service,
14921evels. managers need to took immediately
e Most cable systems will have to decrease their rates by approximately 15 into cable rate regulation. Communl•
percent. des throughout the country already
• New- benchm.ukshavr been established that could reduce rates another have faced the decision as to whether
10 percent. they should exercise their right to reg-
-A cap has been imposed on future rate increaes: rate hikes will be lim- mate basic cable rates. Control is at
iced to the general inflation index and to increases in specifically de- best a mixed blessing. On the one
fined costs. hand, it means the local authority can
-:1 rate freeze has been imposed until November 15, 1993, to prevent deal more effectively with the cable
cable operators from raising basic rates before local authorities have operator on can mairy benefit the local tort-
had a chance to begin regulating rates, regulation
process has been established by the FCC by which local authorities stituency by reducing rates or limiting
can file a simple form to become "certified" to regulate basic cable future rate increases. On the other
rates, hand, many local authorities are con-
cerned that becoming certified to reg-
-
8 October 1111
4
i
,
-4f 10
ulate cable rates will be a costly and they do not, the local cable sub- From ICMA
timeeonsuming undertaking. scribers will not benefit from this $1
If an authority decides to regulate billion rollback in rates. ICbfA can provide adminlsua-
rates, its local government manager ton with the text of the FCC
nd Order
must be prepared to file the neces. What Is AhMW? Consumer
and I'. r the t ne ani O ter-
saryapplicationwiththeFCCassoon ($10,00) tion letter n(no ec charge),
as possible. As mentioned, the effec- Local authorities will have to stay which are discussed in the e),
tive date of the cable service rate reg- current on the new technologies and ar
yJohn Ke
can by in
ulationwas September 1, 1993. Cable the new laws and regulations coming ti cle written
a Ke of
operators had until that date to re- down from the federal government tICktA he FCC Rate O .der provide a co0i.
structure their rates and services, on a monthly basis. These new A co of the cable television
while rates are frozen until Novem- technologies and new regulations compliance workshop material
ber 15, 1993. Fortunately, although simultaneously pose an opportunity -
pre-
. the FCC Order is complicated, the and a challenge to local authorities. and cassette, ICMA workshop
form that must be filed to become Welcome to the telecommunications anted on
certified is simple. revolution. ® June heldin at l5, tithe the IG ashi gtonis , or available For
The process of rate regulation 00 1993,
after certification is neither as simple contact Roberti
as the FCC would like us to believe To ICKA, 777 North rti-
nor as overpowering as many Initially John Kenn) is trice president of National Leah N.£., Suite North
The simple truth, however, Strategies, Inc., WuAtington, D.C He has totol at or Street, der, cont ton, N. 40002-4201, fax
is that local authorities will have the experience as general counsel of Sprint ington 4.3500.
power to deal with basic rate issues if and as assistant general counsel to the
they choose to become certifted. If h'ationatCOW Television Association,
The Job Opporlunities Bulle_n
for Minorities and Women
in Looal Governmert
i
Local Government Job Opportunities
Subscribe to the biweekly bulletin I Advertise to reach the largest pool 0
that gives you the latest fob information minority and women local government
and news for only $12 a year. decision makers and fob seekers.
Effective and Fast - Delivered via first class
on a nationwide basis!
1.01. Is a service of the International CitylCourty Management Association
and 22 other local government pubtk Interest groups.
1.0.8., ICMA, 777 North Capitol St. N.E., Suite 500,
@t~]I A
Washington, Ix 20002 -4201
Phone;2021962.3662 Fax: 202/962.3500
11
1a111e Mualalraat
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December 21, 1990419 _ 3
CITY COUNCIL AGENDA ITEM
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: RECEIVE A RECOMMENDATION FROM THE CABLE TELEVISION
ADVISORY COMMITTEE RELATIVE TO CITY'S APPLICATION FOR
RATE REGULATORY CERTIFICATION FROM THE FEDERAL COMMUNI-
CATIONS COMMISSION.
RECOMMENDATION:
The Cable Television Advisory Board recommends that the City of
Denton pursue certification from the Federal Communications
Commission as a cable television regulator and directs staff to
prepare the necessary application.
BACKGROUND1S R01ARY:
In September, 1992, Congress passed the CABLE TELEVISION CONSUMER
PROTECTION AND COMPETITION ACT (referred to as the Cable Act) and
overrode a subsequent presidential veto on October 5, 1992. The
primary effect of these regulations for local governments is to
provide a mechanism through which they may regulate basic cable
service rates. On May 3, 1993, the FCC issued its Report and order
which specified the regulations implementing the Cable Act.
However, those regulations did not go into effect until
September 1, 1993, at which time the Federal Communications
Commission (FCC) also froze basic cable service rates until
November 15, 1993, and subsequently extended the freeze until
February 15, 1994, Once the rate freeze expires, Sammons will be
able to raise its basic service rates without the City's approval
if the City is not certified by that time.
° A summary of relevant Cable Act provisions and their effect upon
the Denton system follows:
The f.rt requires that cable operators offer subscribers a "basic"
?i level of cable service that includes at least local broadcast
channels, public, educational, and government channels (PEG), and
local commercial and non-commercial educational and low powa_r
A channels. Sammons has met this requirement and also added
superstations SIBS and WGN. This service is called Lifeline and is
currently offered to Denton subscribers at $9.72 monthly. The Act
a
1, C"CUAT/ I
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CITY COUNCIL ASENDA ITEM
Page 2 Date
specifies that the basic service level must be subscribed to in
order to receive any other cable services.
In addition to basic service, the Act permits cable operators to
offer any number of additional service levels referred to in the
Act as "Cable Programming Services" (CPS). These levels are
regulated exclusively by the FCC. In Denton, Sairmons has chosen to
offer to subscribers only en.e CPS level of service simply called
"Tier" at $9.02 monthly. Sarunons also offers Pay Per View service
and several premium channels such as HBO, Showtime, and Cinemax,
all of which are not subject to any governmental regulation.
The Act also requires that cable operators "unbundle" all equipment
and charges necessary to receive basic service. Sammons has also
met this requirement and those items and charges are as follows:
Addressable Converter $2.50 per month
Non Addressable Converter $2.00 per month ;
Remote Control $0.50 per month
Basic Install (where wiring already exists) $30.00 per month
Basic Install {which requires wiring) $40.00 per month
Basic Install (each additional outlet) $10.00 per month
The Act requires that before exercising regulatory authority, local
franchisors must apply to and receive from the FCC certification as
regulators of basic cable service within their franchise area. The
Act specifies that only those cable service areas where "effective
competition" does not exist may apply for certification. Effective
competition exists primarily where the cable services are
subscribed to by less than thirty per cent of households eligible
to receive such service. Sammons has informed the City that it
believes that its subscription rate exceeds thirty per cent.
Consequently, the City is eligible to apply to the FCC for F
certification by com9leting Form 328 (attached), forwarding the
application to the FCC in Washington, and serving Sammons with a
copy of the application at the same time. }
The City may apply for rate regulation certification to the FCC. at.
any time without. prejudice. Through its application, the City
assents to the following:
1. There is no effective competition within its franchise
jurisdictions
2. That within 120 days it will adopt a resolution statin=i
that the City will follow the rate regulations promul-
gated by the FCC;
GB;ERT17
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CITY COUNCIL AGENDA ITEM
Page 3
3. That its regulatory
proceedings allow for citizen input
and consideration; and
4. That the City has the legal and financial Capacity to
carry out regulation.
Although FCC regulations implementing the Cable Act are extensive,
most of those regulations do not directly address rate regulation.
By resolving to follow the FCC's rate regulations, the City will
II( \I essentially be obligating itself to observe the procedures,
criteria, and standards prescribed by the FCC to provide for
consistent and equitable regulatory oversight.
Following the submission of the City's application, the FCC has
thirty clays within which to deny the City's application based on a
defect in its application which the City may then cure and resubmit
for consideration. Also during this thirty day
will notify the City if the application Period, the FCC
Sammons or a citizen. Challenges must be filed with the FCC during
this period. if the challenge is based on the issue of effective
competition, the FCC will automatically stay the City's regulatory
authority. If the challenge is based on another ground such as the
lack of legal authority to regulate, the FCC will consider a ntay,
but will otherwise permit regulation to ao into effect. Unless the
application is denied or challenged on the basis of effective 1
competition, the City is automatically certified after thirty days;
Y the FCC will not specifically notify the City of an approved
E application. Sammons may request that the FCC revoke the City's
certification at any time after certification becomes effective.
It should be noted that if the City declines to seek certification,
neither the FCC nor subscribers have any standing to challenge
J Sammons' existing or proposed basic cable rates. Under this
circumstance, there will not be any basic cable service rate
regulation in Denton, The FCC will only step in to regulate basic
rates if the City's certification is denied or revoked or if the
City requests FCC regulation because it lacks the legal or
financial capacity to provide for effective regulations. It would
ba extremely difficult to prove to the FCC that the City does not.
have the legal or financial capacity to provide for effective rate
` regulation given the $260,000 annual cable franchise fees receivei
by the city.
To provide a consistent standard against which the reasonableness
of basic rates can be judged, the FCC will annually develop an
average per channel benchmar't rate that is broken down by franchise
service area population, overall number of channels on the system,
/ and the number of satellite channels received by the system (see
UBCERT/ I
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Agenda No
AgeAVemr_r.__`
CITY COUNCIL AGENDA ITEM D31e
Page 4 ~ 7 ~O a yes
attached). These benchmarks will be based on the FCC's periodic
national sample of both cable operator basic cable service rates
and rates for Cable Programming Services in areas where effective
competition exists. It is the FCC's reasoning that the rates in
force in franchise areas where cable operators are subject to
competition from broadcast stations or other cable service
providers is the best measure of the reasonableness of rates.
Should the city apply for and receive certification, Sammons would
be required to file its current basic service rates (Form 393)
along with those calculations that illustrate its per channel rate
in relation to the FCC benchmarks within thirty days after being
notified by the City that certification was granted. This will
enable the City to determine if the rate is below, at, or above the
benchmark. If the rate is above the benchmark, it must be reduced
to the benctunark or by ten percent from its September 30, 1992,
rates (allowing for an inflation factor), whichever is less.
As an alternative, Sammons may file a cost of service showing to
justify a rate in excess of the benchmark. A cost of service
showing is intended to illustrate those rate base, depreciation,
cost of capital, and operating expense factors which will allow
Sammons to recover costs beyond those expressed by the benchmark.
To assist franchisors with cost of service showing analysis, the
1 FCC is currently developing applicable standards.
Essentially, the same procedure would be followed by Sammons when
requesting a basic service rate increase. In such.a case, Sammons
would file its request using Form 393 which could be augmented, at
J Sammone option, with additional information if Sammons chose the !
cost of service showing rate request format. Sammons must notify a
the city and its subscribers of any proposed increase at least 30
days prior to the intended effective date of the increase.
once Sammons files its initial rates or a request for a rate f
increase, the City will have thirty days in which to render a
decision. If it needs more time to analyze the request, the City
may take up to 150 additional days. If the City fails to render a
s rate request decision within thirty days or does not state its need
for additional time to study the request, the requested rate will
automatically go into effect at the end of the thirty days. To
determine the reasonableness of the initial rate filing or a rate
increase request, the City must use the FCC's benchmarks (which
will be updated annually) unless Sammons elects a cost of service
k` showing. The FCC will impose price caps on rate increases, but
will allow rate adjustments to reflect inflation, programming
costs, new or additional retransmission consent fees (after
October 6, 1994), and taxes and franchise fees.
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CITY COUNCIL AGENDA ITEM X19_____--------
Page 5
As stated above, although the FCC will issue standards to be used
by franchisors when considering cost of service showing requests,
the regulations do not specify the method or level of rate request
analysis franchisors must conduct. However, it appears that the
FCC expects that such analysis would parallel that used for
utilities. Although the City staff has the capability and
experience to conduct such an analysis, the time commitment
required may necessitate the use of an outside consultant.
Sammons, or any interested party that participated in the rate
request procedure and disagrees with the City's decision, will have
standing to appeal the City's rate decision to the FCC if the
appeal is filed within 30 days of the City's formal rate decision.
However, upon receiving such an appeal, the FCC will only rule on
the procedural aspects of the rate decision.
Because basic service rates fall urder the City's regulatory
jurisdiction, cable subscribers must complain directly to the FCC
about all other regulated cable rates which are generally referred
to in the cable Act as Cable Programming Services (Pay Per view and
Premium services are unregulated), when filing such a complaint,
the subscriber will be required to send a copy of their complaint
to the City at the same it is sent to the FCC within 45 days of
receiving a cable bill reflecting the increase. Although FCC
regulations permit the City to be a complainant and assist
subscribers with their complaints, they do not require such
assistance. As in the case of basic rates, the FCC will utilize
benchmarks, rate caps, and inflation factors to determine the
reasonableness of Cable Programming Service rates.
In recent discussions with City staff, Sammons has stated that it
does not intend to challenge the City's application for basic rate
regulation certification from the FCC. However, Sammons feels that
j because its current basic rates are below the FCC benchmark, it s
should have the opportunity to raise those rates to the benctmark
level once the rate freeze expires in February, 1994. Conse-
quently, once the freeze does expire, Sammons could raise its basic
service rate without the City's approval if the City is not i
certified at that time.
The Cable Television Advisory Board has reviewed this issue at its
last three meetings. While the Board is reluctant to have the City
obligate itself for any additional expenses which may result from
E' rate regulation, it feels that the City has very little choice in
X the matter. As stated above, although Sammons does not intend to
' challenge the City's application for certification, it may possibly
+ seek a basic rate increase that would bring that rate up to the FCC
%+t! benchmark once the rate freeze expires. Faced with that
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~gendaNo
Agenda~Je~
CITY COUNCIL AGENDA ITEM We
Page 6 F9 possibility, the Board feels that the City must seek certification
in order to properly represent Denton cable subscribers, interests
in particular and those of Denton citizens generally.
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FISCAL IMPACT:
While the fiscal impact of certification is difficult to determine
due to its relation to the number and amount of basic cable rate
increases, cost should not exceed $35,000 should the City use an
outside consultant to assist in the rate analysikorA Resp fully ted ,
:
i CJ
Lloyd V. Harrell
City Manager
Prepared by:
Hill Angelo
Director of Community Services
.
App5avql by-
R. E. Nelson
Executive Director of Utilities
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FCC FORM 393 PART f
REQUEST FOR CABLE RATE APPROVAL
COVER SHEET
- For' 393 I
Approved :y Cr9 )
Expires f
Name :f Cable Ccera:cr: s
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gal:; g Address•
:oanun::y UnlC :dentlflcatlon YumDer:
E Name of person to contact with I
respect to this form: 1111
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'elepnane: L,1 I~
Fax %mber
Franchisin` Authority: _
Melling Address: ;
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a this form being filed with respect to:
basic service rate regulation ? I
or Cable programing service rate reiatloe
:f this fort is being filed in reapanse to a
eaplaint about your cable I
Pro roIrM~j ""ioe races, please attsen a copy or the complaint to this cover
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fie following sections are to be MIMPleted alter
ycu have
i worUhee W in Parts 11 and III and calculated our actual aM filled out the
y permitted races. '
FOR EASIC SERVICE TIER AND EQUIPMENT RATES:
j Program Service Rate
1
Number of crannels on oasis Service tier:
(2) Monthly franchtse fee per subscriber for
bas1C service tier: i_
(3) Current rate for basic service tier: i
(include monthly franchise fee per
subscriber from (2) above it not already
:ncluded)
r (u) Current basic service per cnannel rate: t_
C (divide (3) by (t), above)
(5) Maximum permitted per 0 annel rate: Ste.
(from Line 600 on YorXUeet 6)
(6) Maximum permitted rate for basic service tier: s,
(multiply (1) by (5) and add (2), above)
I
NOW If your current rate for the baste service tier (entry 2) exceeds
the maximum permitted rate for that tier (entry 5), you must submit a cost.or•
service snowtng or your basic service rate will be reduced to the eaxlmum
permitted level.
~II EqulpWt and Installatloo Rates
f
\ J NOW Your equipment and installation rates for the basic service tier
` must not be Included In your program service rate for that tier, but rather must
be completely unbundled. k) addition, those equipment and installation rates
must not @Resed your actual Coats, plus a reasonable profit. The u thud for
unbnglting your equipment and installation ratso treat the bale service
progr,,%ning rate (if Mosssary), and for determining your permitted equipment
and tostallatlom rates, IS preSerlbed in Part It (unbaedling) and Part III (rate-
2!:t1ng) of We for'!. =nter in the spaces below the rate figures you have
calculated IS Part tit of this form, plus the franchise fees you Mat pay on each
of thole charges, Your actual basic service equipment and Installation Charges
may not Hceod these rates, although they may be lower.
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Charge(s) for cosec service ;rs:a::a:rns' (from Ltr,es b or of
Equipment W:d ins:alit:on 'aorKSneet)INOte: :
franchise fee): nC1uCe apprapr:a;e
Permitted ac!u=:
a) =curry rate OR
(o) Average :nstal:ation charges: _
:ns:allat u a of unwired homes a i
2. :13tallat;on of prewired homes i- s-
3. :nstaflatlon of additional
connection at time of initial
lns:al:ation = ~
:nstallation of additional -
connections r:quiring separate
installation a a
i. Other installations (specify)
(2) Charge for changing :leas (if any) (from Line 29, 30 or 31 of
Equipment and Installation Wor:cshett)(Note. Include apprpriate
franchise fee):
Permitted Actual
(3) Monthly chars* for lease of remote controls (from Line 14 in
Equipment and Installation Yorhsheet)(Vote, include appropriate
franchise fee):
Peroitted Actual
J Remote control type g i
knots control type 2: 1
Remote control type 3:
e ycu hive further Charges for iddltiona connections beyond those j
refloated in your Installation charge, attach a meek esplalning your
calculations and settinj forth those additional charges. See Note to Equipment
"I + slid Installation YorYsheet Instructions in Part III of this fore.
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Equlp~tent and .sta: rom .ne .a:;;n .'orxsr,ee•~:Vote: 2 .
franchise feel: rc:sae aPPrtpr a :e
o•ry_.ea sc:•.a:
.orver:er cox type
%mverter :ox :y-e i; 1 1
%Mver:er pox i'-
5) "entry charge for :east of other ""dment (from :ir,e
;u:pment and :nsta::at;on iorxsneet)()4ot, inc:uce appropr:a:e
franchise fee
Perm," Ae .a:
Cable home wiring;
Other equipment (specify): 1 1
FOR CABLE PROC"IaIC SERVICE RATES AIfD EQUIpM"-
1
Proven Service Rate
e.' If
ahtetaowith vthe follow ng information forreach tier~ae leer, attach
(1) Number of channels on cable prograsalng service
tier:
(2) Monthly franchise fee per P subscriber for cable
programing service tier:
t~
(1) Current rate for cable programming service tier:
f (include monthly franchise fee for this tier from 1'-
(2) Above if not already included)
(Y) Current cable programming service par channel rate:
(divide (1) by (3), above)
E
(i) MuLOA permitted per channel rate:
(frtim Lire 600 on Yorirsnett 6) j
(6) Mul..
permitted rata for cable progru,aing service ~
tier (Wltiply (1) by (4) and add (2), above):
Notes It your current rate for cable g~
progrin the mmsimom permitted rate (tntry 61, you m at submiteavcost-o h service
shoring or your cable programming service rate will be reduced to the maxima,
permitted level.
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Equipment Cad Installation Rates r5 )?~V f1
Note: If equipment se: for cao:e progra=i:rg service is also used :c
r!cr ve :re basic tier. :rren :us: oe tnciideo !n caste service equipment,
Similarly, if an Installation :nvo:v:r% caole prcgrs in& services also involves
:ne taS:c service :ter, it Cwt to induced in Caste service Installations, we
basic
an:i:iW a tna: a:: e7::o+tent and lnstallatlons will involve one
service tier and t.ter! .t:: :n'Lis to no need to complete Cris cart of :ne paver
sneer. Hcw vtr, If you :ease e.u.:mert and/or provide some :nstallat:on-re:atet
service tr.u involves S:~j your capie programming services, you snould comp.e:e
.ne foilcwirg sections.
As for basic service, your equipment and installation rates for cable
prograwi.ng service must roc be trdluded to your program service rate, but ratner
rust oe completely unbundled. :n addition, those equipment and installation
rates must not exceed your actual costs, plus a reasonable profit. T" method
for unbundling your "utp+ne^t and Installation rates from cable prdgrammtrg
service rates (if necessary). and for determining your permitted equipment and
lnitallation rates, is prescribed 1n Part I: (unbundling) and Part III (rate-
setting) of this fora. Enter in -e spaces below the rate figures you have
calculated In Part III of this form, plus the franchise fees you kvst pay on each
of these enarges. Your act:=1, cable programming service equipment and
installation charges may not exceed these rates, although they may be lower.
0) Charge(s) for cable programing service Installations* (from Lines
appropriate franchise fee):
Permitted Actual
(a) Hourly rate 1_.... g---
Oil
(b) Average installation charges:
1. Installation of unwired hones 1
t. Insullation of prewired hogs 1~_ g
Instillation of additional
connection at tine of Initial 1
installation 1
d. Installation of additional
connections requiring separate 1
1 1
Installation
S. other installations (apeoify) 1
y>
you nave rurther Charges fer additional eonneetlons beyond those
reflected in your installation charge, attach a sheet esplaining your
calculationa ahd setting forth those additional charges. See Note to Equipme
and Installation Worksheet Instructions.
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(2) Charge rot cnarg:r; ::era :f any !era .:re 23, 30 :r i
Equipment and .rr al:at:cn .oresr.ee 0Note. :ncluee approcr:(:e
franchise fee):
~srsl_~e7
!3) Monthly charge for :ease of re:cte controls (from L.ne
tq'J:pment ar,d :rstailatiin '.crw.ee kl kte: trC:UC! ac.rc.r:a:e
franchise fee):
?era a led ~^~a:
?eawte control type
Demote control type 2: _ _ g....
?emote control type 3: g__ g
(u) Monthly charge for lease of converter boxes (from Wit 21 ih
Eoulpment and Enatallaticn Worxsneet)(Wote: include appropriate
franchise fee):
Permitted Actual
converter box type i---
Converter box type 2t
Converter box type 3: f g----
(9) Monthly charge for lease of other (qulpeKnt Was Line 28 in
r, tq,iipment and Installation Woritsheet)(Note: include appropriate
franchise fee): Plre[ttea A teal
Cable home wiring: g-
g g---r
Ither equipment (specify).
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FCC FORM PAkT II t
VORLS,,mM UM laTRUCTIOM3 POET CAIC9JiTIM6 ~
xA111MIUM INITIAL PEAMIrMD RATiS~FOR REG7LaTID CA1LL PAM MEIMG SEAVICFS
(IMCLUOES WKWARA RATE TAMS)
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Worksbeeu for Ucu)& j MAimub fajU PermiuA 4 Ratc per CGaa ps.',dd'r0
for Basic Tier of Cable Programing Servxe ~.C~$l ji:',t W71
Carts Opwwm Nu": CaMmAV"A l'aa' ~CL'l Sur GE ' ~f7 r-,j f~0/f1~~•
Fmo.M A dWM! Bux Tier CaDlr ian-u~ icude omic 4 V
Palo i of 2
Wakahsee 1
Ucuu*(m of Rata m Effect co wLute) Date of AtryLraat and smhmuk C.Oc Klaoa
A 1 c 0 1
Lm Lra Dnenpucn Lu doom Banc Tarr 2 Twr J T.ar a Tout
101 T.e CYar1s ~MomtNy) Ever (or ail Tom Offesd
102 Tit? CEWta Enter for W Two ORrr+d
l02 Tarr 56oynb4n Etve? 'or W Tim OfTsrsd
ICA Egv-pmmt Arvavr 41a Nlyl Eater A A"Id Gamma ONV
102 Chyle Factor Mrm 101 'Liao J03)-Lm IOTA
106 Ch&AW Faesar Lw IN a Lw 102
107 Charge per Chwul Lm IOIE I Lens 106E
ICI From" Fm Eapwr MoftthlYl Eaut Gaily Fact Wvdd u Lam 101 Chupa tSa WerUbm taarumoaal
IN FmocliAm too Dawnoas Lim 10111 Lw 1061 ,
110 Baas Ilya Fall ChaAad Liar IOlt • Lim 109E
I
t3 t BauAm it Ch#AAW ltym Emam from Aruchtmrm A
122 GNF-FI (curium) E" (row Survey of Cerra 1 Waimea. Takla 7.1). Lim a. am rca gvanea j
122 IntutWo Favor iLOA 1221) 121 2) - I 1121.2 0 2rr CA 197! GNP-?q
I:d A112urmam Ties Fmnod rAw Numk*a of Maam (ma 92092 to Oamm mf cwrm Rru
121 asp-M Taw Frnod Eva Numiw o(MoLlm Gar 92092 to am r'eaa ONF-F1 Qvarw
126 Tim Fwm Lim 1241 I Lmr 1271
` 127 kdata Adjuamsa Nor (Um ME' Lm 126E) • I -
I tit AdJUK4 se"LMA Bau Liu 1211 r Lim 1279
U Um 1 IOW is km ihm et spd m Lis 1281. A* to Wa'uha 2 mM art Lim 1106 a Lis 200.
U Lie 1106 Is V%w teat" Lim IZU. "so" WWLAme 2.
C&UMoa *(PAW is F fw oa ! ffw ehrr A 1992 ud Bobciawk cowing mm
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J LW Lim Como vow vuhu ra Iam Tzar 2 T111, S T1r 6 Tad
{ 201 Tw CW&a (Waamty) teem for aB rw m Offend
MS Tim ChuarU Irr kr 080 Two Offal
MS TIw s4wrim" IArr let all Timm orrnd
2W EpdBmmll 1000 (6mab2F) Irv INN 1kr1m Crlam 0*
20f cwr Famw (LW 201*Lrr 207>•L►+AGA
201 Chad Far LAO 102 a LAN 202
20'f Cwp pt clad Lim aU Lrm 106E
1 , 291 F mean roe ROV" (M.1") Do 0* Fm Eodvdas iA Lim 201 CWgw t2a Wart ibm b aaaua)
NO FfwAMO 2>;r OW01 aA Lim VAI7 Lem 2121E t1--
210 IM Ream pr OAMW Llr 2tff1- Lim 2091
210 Ireire►elawl ArM INn fact! AYthg" A
F; it tir 2208 is tma tla m W* r UN =K M u Ma1Aar 2 ad aw Lrr 2108 an tNa W.
V Lie 2108 is V ammw *m Liar 2208. Ir w Ur 210.
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Isar Www of was 2x08 086 2298 a. 2W1t1na 2, Lan 100
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---~Bu_~fur Cekra Prc Due
ICucla Oa,
hIs101:
WMLshoM ~
G' a lma peon aemaw! of Fqu~Pe~eot end InatrlLace Catr
700 !w Rua a Mr CRUSe{ lixrrwaoe
Lverlrom Wor
701 1F,pmmu A lnnall Cot iAlonW1Y1 Four from P" 1 $un of L1w 7 wa Ifa~ah~ WWa ICE 21
707 Charnel factor
d eYir7
707 Cox par ub1crbft U " FA1er from W'er4ham I it-es IC6Fi Of workeeam = iL,ae 206E1
104 Ban sm Lae 301 r Lae X,2
w Rue per Chaxal Laa 300 -Lam 707
V Lam 700 maurad Fro" WerWw 1. 1o to LW 600 W qw Lar 3U
tl Lae 700 emreeaa from Wa AAM 7. p b W.,,,,
1
Work118my ~
Lae Lod Desnpmom Ad}atrmme3 Aot ZaL~mOOm
X00 UN See.•tm Rae P" Ck wd Juvyams -
401 8tdmoom Adjeam mm Femly Fenner from Lw 701
107 Adjuatl 4ee 3a, Rra M ChaaAd Exw fromh Wcrkahmr I. W F7?!
Lae e00 a Lon IOI
V ed}rd tfmme emrvloe are (L" 4M Ptem" 0111"x11wmbw of ryd~
p W
M LAW 100 now Law 407. damaaiR Aid" tbm". W whams,
tr! dmme mat eealdam worker S:
I Adjamp6r~ Wakrrl
Lw L3mm Dwr--------A'°!L 0 Norbbmt of Rat~elml6d 01m~lnb
- / SOD AAMW Harm lmr. AM 7W Cirri =;v -
SOI sagAd ,b Cltmm d Ratr ry~y1 &W 6" W~ _ /D11 at 1vmAalre 7 fl~01 701
SOS Clmret hrr.ar t<mar ) Ir 6w 1Yeelabw 1(Lim IM
!01 Cbhm Mr lme.Rrm A 61101 f?7 - L1me SO t l l Lhy SOI
(~w Llr SOQ a F 1 a Lim SOA ?
t/ w.yamt f mrr rmd,11rr un !D14" LSr 106.
100 lywy ----~•~`.r..~,_ j
h lar L1ii fart bwl l am`?W~!07 ~1P1.
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i1LSTASlC't10NS FOR YORI;SI _VS CALCVLATIW MAI7MUM ~aV i
IMI'fIAL ?£R>lITTED AATFS FOA RE
E_
CUL---AM ;RY-
'nese :rs:ra :tons are :J to aee wnen ccmDle::rg wor'Klnee:s :nrr:gn
Fcr^ 3➢3 :s:n; :re .orK7neets ut:l enaDle you :o compute :ne
aX:T-1 rate yc': Tay r:rrer,:;y far;e for regulated :rcgraaesicg services _rcer
:re fm's tees, f ya:r rr. fen; .
=a•=-:ate an :re wcrKlree s, you auscasuome:ceed :ne n xtmum permitted rate yo;
y~~•' CC3 rates. :f y:u Co '.0::o se, you will UVt your rates remiced wto gtne i4x:%n
7er91:0ee rate sad w;;l :e orcered :o refund the eXdeSS to lu DScriter7
-e.,essary.
i7
in overv*ew of :ne varlcus calculations you may to making is set forth :r
r e :eaeral :nstr.c:tons for :omplet:ng this form. In addition, a decision flow
:Hart is a:tacned a AttacnMent a to this Part. This chart is resigned to ne:p
you visual:ze :ne different steps You will be taking to compute your maxima
'26141 permitted rate, Reviewing :ne3e materials first will assist you in
Ccmplet:rg the waresneets, I,13trUCtlons for Yorktheet 1: a
woMheet f oust be used to calculate the sverage Base Rste Per Channel
:hst You are currently charging for regulated programming services snd associated
wt:hpwhich your current eBase sRat@For channel will De the BenMSark Channel Rate
?sse Aare Per Channel is equal to or tower than the WcCOGNV#d- It hmar Channel Rate,J pour
rates will be found reasonable and you will not have to reduce them. If,
ncwever, your current Base Rate Per Charnel eiceeds the lknohmark
you will rave to reduce your rite to accordance with the calculations set forth
in worksheets 2 through S, Channel Pate,
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charge for your butt rvicentier end forneach tiieir,of cable pro Current monthly
:hat you offer to subseribers. Do not include Any p g srming service
an A per enamel or per program baste, In addiion, Use poou Stang d Mon. e"jpM offered
discounted program service rates; do not
that you my offer to special classes ofuae any bulk or other disMUhtlEd rates
custeme
Line 102 Tier '
included ih 44011 ti14I ollre, In the relevant column enter the number of channels
regulated programing servicea you offer to subeeelters.
Line 103 » Tier
a+beorlbe». In end relevant column, enter the number
subscribers in your system who subscribe to each tier indicated.
LLne 101 » Wpowt Revenue Per Month.
equipment revenue, take the total revenues youo urnblo eryt'se last fisaleyea,
for the following eategeria of equipment and inatallsClon eerrlceai
(4) converter bet rental; (2) remote control rental; (3) additional outlet fees.
(a) installation lees; (S) disconnect fees; (6) reoonneot feed VW IT)
t
a
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rryye~
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:narg;r.g fees. Divide :rat :otal :y '
p2 :o rwmpote our r me
'cn:n. Enter this Figure :n Coi rn A or L;Me C4, Y rt evec.e
ileiahtiae, :n crier :a -eter_17e tr•e average 3ase per 'a anre: ?ate a:o
:y !JOlcr!:ero to your system, :r,e :er crarrel rate for ea.n :;er a weighted
scDSC."ers to o1e. r,-mcer o :R suolcr::ers :o :rat tier. so that tiers with rare
s.a criters. ~'h a wei r;;n :etera:n;ra :'re average :nag tiers w;tn fewer
g i 13 10.0 ay :1termining a welgnted average montr.y.
's:e per sutscr:ter (:ne "Crarge Factor" calculated in l;re 105) and ::v:::ra
:y a waian:ed average of :re !moor of channels reee:ved t Y sutser;cer ;re
:cannel Factor" calculated Ln Lire 106). Y
Line 105 Charge Factor. Multiply the monthly Tier Charge in Colutut A ;n ::re
'01 times the nunoer of sutscr:ters for teat tier set forth in Column A in :;r•e
'03. Add the Equipment Revenue Per Month ''rom Line 104 to this figure and enter
the total in Column A, Line 105.
Vex:, multiply the ocntily Tier Charge in Column 3 in line 101 times the n=c er
of luoscriter! In Col"1 B of Line 103, Enter trio total in Column 8 In Line t05
cc not mad the Equipment Revenue Per Month from Line 104, Repeat this
calculation rot each otner Column that you Mayo completed.
Finally, add the figures in Columri A • D in Line 105 together and enter the
:oral in Column E of Line 105,
Line 106 Channel factor. Multiply :hoe number of channels in Column A in Line
102 times the numoer of subsoriberi in Column A in Line 103. Enter the result
in Column A of Line 106. Repeat the same calculation for each column in Line
106, Then, add the figures in Colomns A - D in Line 106 together and enter the
total in Column E of Line 106.
Line 107 Charge Per Channel. Divide the total Charge Factor from Column E,
Line 105 by the total Channel Factor from Column E, Line 106, Enter the result
if in Column E of Line 107. You have now completed the weighting process,
✓
ftia I The calculations in Lines 104 AN 109 will eble you to
separate out any ranehise lees that you include to your subscriberarates. If
you charge subscribers separately for franchise fees and do not include those
fell in your service rates, you do not need to complete these steps and should
enter, 10.00 la Linea 104 and 109. If you dim include franchise (NA in your ;
service rates, oc@0104 Lines 104 and 104, For purposes of this calculation,
"franchise tees
authority which only bf"s le operators ca and onota ownersuollottl~r rl~rindssiaf k
businems, are required to pay,
Line 108 «
franAiss 1M Vpense (Amthly). Calculate the franchise ties you 1
pay for regulated services and equipeent during an average month, Enter Vic
to ul wnthly payment in Column E of Lina 104.
. Line 109 « Frandhise r" Dftotton. 'o calculate the weighted per channel
franchise fee, divide the Monthly Frsncnise Fee Espense froo Line 104, Column
^ E by the total Channel Factor from '--re :olumn E, Enter the result
L •T
F„
L ,w
. c
Line 110 Same Rate Per Channel.
..:a :re Charge Per Charge: 'r e rrarcrae Fee Ceaua:::n
-'ha re -.tier re rer,:l::n tre box :a
r.uaber :s your curter: 9ase °re ?er e
-.:.:e :oxbaree :o your ccs:et!t!'4e oercrsrK toC acre., a the rurlcer :ha:
ias are -e e:ermne %r.e:her yocr titter:
iscrabi. or rtei to :e re:.ct:.
Berchmark Calculation. 'ht rex: y:u w:;: :errarn i;;"
ce.cyar-a::er.craarK rate. 'tis race rebresen:s :ne rate :ra: -0.;.:
g -y a cable system ac:rg cempe::::en :rat was similar crarac•er:s• :s
your own. :re :.^.ret cnarac:er:a:::s rat -l.c! u!!d in .1 :ne _~cer of channel's the! inaiy a:$ are,
cr regulate. :rciraxi ::ers :ha
r....er of s::scr::ers serve: our ca ' c you offer; ice
sa:ei L'te-aei:vered signals you carry or your eeutlatedaprogria tiers,~ce r
Line 121 Benchmark Per Channel Rate. Attacraent A contains the tenchmarx
rates oer channel for cable systems with different numbers of channels cn
rtgu:ated tiers and ei!Nrent numbers of satellite-delivered signals. There are
e:ght tables of bemermarK rates for systems with 50, 100, 250, 500, 150, 1000,
'540 and 10,000 ruoscriters. Jsing tro table with rwmter of subscribers closest
to the number of subscribers an your system, select tre benchmark per channel
rate from the table. (Note: All avstems with 10,000 or more subscribers should
use the 10,000 subscriber table. Our analysts revealed that there is no
seasurable difference to the tenauwrK rates among systems with more than 10,000
subscribers.) Enter the selected tenenmarK per channel rate in Column E of Line
'21. (Note: If the total number of channels on regulated tiers anC/or the total
number of satellite-delivered channels on those tiers for your systes falls
:e:ween the channel increments listed in the tables, you must interpolate the
correct benchmark ear channel rate. Instructions on how .o perform these
interpolations are attached at the end of the benchmark rate tables. If you do
not wish to interpolate the correct tencnaurk rate, select the lcw/r rate of the
two benennurk rates you fall between, Alternatively, you my a;oly the F{C's
oencnmarx formula to calculate your wermupk rate,)
Inflation Ad IM The benchmark per channel rate that you have Just
1 selected was oared on cable rates in effect on September 30, 1912. Therefore,
J :o euixe sure that the tenchUrk against which you will ooepare your current rates
. / is not too lows the tenchark per channel rate out be adjusted forward for throu ;fnriation
Yorkahpt since will enable y0ou Ito adjust The
the BenchmulIr for Chamel2We InhLine
'21 for inflation,
r
Liao 122 W-PI (Currat), Enter the Gross National Product Price Index (ONP-
?1) for the most potent quarter in Column C of Line 122. This numote tan be
found in the "Survey of Current Business," Table 1.131 Line t (Most Recent
„ r Quarter), which is published monthly by the V.S. Department of Ctmerce. The
number will also be published periodically by the FCC,
" Lite 123 Inflation Factor, Divide the current GNP-101 fro Line 122 by ire
I GNP-P1 for the third Quarter of 1992, which is 121,2. Subtract 1 from :ne
resultiml figure and enter the number Coiuasn E of Line 123.
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Llr.e 120 AdJuatment Tim>! Period. :er in :c•,. -r ,
'"c" from September 30, 'M to '".e - :r e '2+ ine -:cer
case you W::- r.om:::n:s
rims.
-ine 125 GWP-PI Time Period., n•er^;r-~o:-mn E of :in e '25 ine ^.xter cf
from Septitcer 30, ^ ne too ne trout recent ti4 -
L ;.arer.
ine 126 Tlme Factor. :.v.:e :na n~nter Of
:n:nS L. n! '25 an" - months :n - 2
:f ' in enter :n C::gin o,' Line '26, re u 0y °e cer
Line 127 Inflation Adjustment Factor, .Molt:ply the Inf:at:on Fac:cr
'23 ::ass the .::e FtC:cr in : ne !26, add + to the resulting figure ard.e^~e.
ne numoer :n Colcan E of Line '2T.
Line 128 Adjusted Benchmark Rate, ,Multiply the Benchmark channel pate rr
.:r.e '21 times :ne :nflatlon Adjustment on
Factor from Line 127. Enter ine
result:ng figure in Column a of Line 128. Tits as your 6encnm rk channel rate
:hat US men adjusted forward for inflation.
You are now ready to compare your current rate to the benchmark:
If the Base Rate ter Channel :n Ling 1io is less than or the
adjusted Benchmark Rate in Line 1284 your current per channel rate i~sonable
and you do not need to reduce it, You Should now Skip to Worksheet 3 and enter
the rate from Line 110 In Line 300 of Worksheet 3. This workshest will enable
you to remove your equipment and Installation costa from your base Rate Per
yannel. The resulting number will be the maxima:m rate per channel you can
currently charge for regulated programming services.
If the Base Rate Per Channel in Line. 110 is greater then he Adjusted
Benchmark Rate in Line 128, your current per channel rate is unreasonable ano
must be reduced if you do not wish to submit a cost-of-service showing. To
determine what your maximum permitted rate is, you out complete Worksheet 2.
Inst_ruotiona for WorksheeJ36
J Sf your current per channel rate is above the benchmark, you must now
examine your per channel rate as of September 30, 1992 and compare It to the
tnchma'k. It YOU September 30, 1992 rate wa also above the benchmark, your
esstmum permitted rate will be your September 30, 1992 rate, reduced by 10
percent or to tiler beeaMnark, whichever IS less. If rate rmduetleat, y4m not Walk a oat-ot-servia shmtAg.60 t your current rate
is above the benchmark but your September No 1992 rate was to or the bencilaarkr you aaalmum eQual k a below
perverted rate will per tF.e Dehchaar rate, as
adjusted for Inflation. If
submit a aft-ol-aer►la mbowiiry not reduce your me to We level, you must
Worksheet 2 will enable yod to calculate your base Per Channel Rate as of
calculations
September As 1992 and then compare tut rate to the bencheark Channel Pate.
he will mirror those you performed when coeputing your current BAS;
Per Channel We on Worksheet I,
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Line 201 - g
:f Septem:erT30r 9 92 felt enter your sonar y4;-'urge r~i C ~f!
year asst: Serr::e a er and f:r each .ter •f
:ab.e
;rara.-tetng service that yea .fferea suaser::erS an , tor dapte. rogr:am o n:oatS:S.
an;r :1
"-0021= programming afore: :n a per :nanr.el or te
'an, use your S:a,~Car: cer..C a canted :-:;;am Service rates::a no, s e anv
._K cr 0tner -:3000nte: rates .r.a: :ay Ave coffered :0 SpeC;al .asses of
a: pers.
Line 202 - Tier Channels. -e
rl.e%a.^.:enter -n,! r. r.oer :r lancets
s::screelrsnasecf Sea ti ter 5eg'.ated -.:graam:cg services you cffere:
3:, '9r2. -
Line 203 Tier Subscribers. :ne relevant :roiunn. enter ;me hurter :f
s.bseriberm in your Sy Stem uno sum.w,.:ed to each tier :nditated as of Septe.mcer
30, '992.
Line 204 Equipwnt Revenue Per Month. .o calculate your monthly average
edu::meat revenue as of Sep;emoer 30, 1992, take the total revenues you earned
over one preceding final year for :ne follolring categories of equipment and
:cstal:at:an Services: converter box rental; (2) remote control rental; (3)
add.:.ona. outiet lees; installation fees; (5) disconnect fees; (6) reconnect
fees; and (7) tier cnangirg fees Divide that total by 12 to compute your
Equipment Pevenue Per Month as o.. Stotemoer 30, 1992, Enter this figure in
Column A of Line 20a.
Line 205 Charge factor, Multiply the monthly Tier Charge in Column A in Line
201 times the number of subscribers for that tier set forth in Cowen A in Line
203. Add the Equloeer,t Revenue Per Month from Line 204 to this figure and enter
the total in Column A, Line 205,
r. Next, multiply the monthly Tier Charge in Column 0 in Line 201 times the numcer
of subscribers in Column I of Line 203. Enter the total in Column 8 in Line 205
do not add the Iquipment Revenue Per Month from Line 204, Repeat this
calculation for each other Column :•at you have completed.
Vest, add the flqures in Columns A - D in Line 245 together and enter the total
in Column E of Line 205.
Line 206 Cbeeel Factor, Multiply the number of channels in Column A in Line
202 times the number of subscribers in Column A in Line 203, Enter the result
` in Column A of Line 206, Repeat the same calculation for each column in Line
206, Thag a/4 the figwas in Columns A - D in Line 206 together and enter the '
F total in Calm I of Line 206,
J
4~x Line 201 - Cbmrge For awl. Divide the total Charge factor from Column E.
~Line 205 by the total Channel factor trots Column to Line 206, Enter the result
t. in Column E of Line 07,
#i Line 20
` Franabiee fee f.yense (Moot111y). Calculate the franchise hN you i
4s paid for regulated Services Ind equipment during an average month for the finical
year preceding September 30, 092. Enter ;nu total monthly payment in Column
s, ! of Line 208.
x.
z
z+.
;w
P:
g
r .i V
t
ii
t' ~ t
1
x
a
Line 209 franchise Fee Deduction. e
frsr--.:se fee d1v::e ne llcr :y .ran.,:se ie! Ex:erse fro .4: :er _ acre.
. r -_e total C`.anr.el Fac:- fr-.. '..re 2:6. ..._r ,:er e.e res..: -
Line 209• _'no 210 Base Rite Per Chw el (September 3), 1992). tiro:: ne :-a-:•;s.
:et iC9 frim :re :rarge Per
rlsu::: once: :n ::re
re 2 :s n Mcer' :s ycur :ase ?ate ?•r :rar-.; 33
Se::enter 30 ',9i omcared :c r
Se::eT:er 30, ';;2 as :art :f .:,cu.:r y°' :cmce .::re :Rnt,
d 'lour :Rr::::eo. : rate.
Line 220 Benchmark Channel Rate (September 30, 1992). ::mpare
Se::emoer 30, ';92 Base 'er :cannel Sa:e to tae tenCF.WK, use :ne •
regulated cranr.els, 3a:el:1te-delivered signals and subscribers cn your2sy3•e-
as of Septe2eer 30, '991 :o find :re appropriate S wemoer 30, 1992 Sencraart
:'acne: !ate eft :,^.e :encrzare tables at:acned as Attainment A. (See inltr:ct::rs
for tine +21, above, for further guidance in ustr.g bencrasirk tioies,)
You are now ready to compare Your September 30, 1992 rata W the September 30,
1992 benchmark:
:f your Septemcer 30, 1992 B,se Pace Per Channel (Line 210) is less than
or equal W tee September 30, 1992 Benchmark Channel Pate (Line 220), your
r_aximum permitted race will be the September 30, 1992 benchmark rate, adjusted
forward for inflation. You may new skip to Worksheet 3 and enter the number in
Line 210 on Line 300. Worksheet 3 will enable you to remove your'equipment and
installation costs from this per channel rate to determine what your ux:.-may
:ermicted program service rate should be.
If your Septemrcr 30, 1992 Base Pate Per Channel (Line 210) is grater than
:he September 30, 1992 Benchmark Channel Pate (Line 220), your maximum permit:!:
rate will be your September 30, 1992 Base Pate Per Channel, reduced by 10 porter,:
or to the benchmark, whichever yields the higher rate, To compute this rate.
you will need co complete Line 230,
Line 230 Aedueed We (late Per Channel, Multiply your Septestber 30, 1992 Base
?ate Per Channel (Line 210) t!.-es 0.9 to reduce that rate by 10 percent; en:e-
tne resulting number in thl box in Line 230. Then, take the greettr 0.1 :•e
Sepeeerber 30, 1992 benchmark (Line 220) and the reduced rate per channel you ra+e
lust Computed in Line 230 and enter it in line 300 on Worksheet 3.
Instruotldeae for Vwk- beet 11
The per channel rates you have calculated so far haw Included
progr» swing service rates and rates for equipment and insullations. The
Cable Aet, howver, requires you to unbundle your programing service rates
fr::
your egWlpetent and Installation rates, as well as to unbundle those rates
frds the other. Worksheet 3 is thus designed to separate your equlpwm% r•:
installation costs from your prograsating service rates. The resulting race
be a per channel rate for programleing services alone.
1
x
F
Y
.
4
Line 300 Base Rate Per Channel. yo-. c:r..pletes ':crxreet ' only, enter .00.r
3ase Pate Per Channel from ..ne ..n ■orxscee: ' ,fn Line 3C9, :f you :000.e:e:
:c:n ',rorksheets 1 and 2, enter tre a:ar:pr ate figure from either Lire 2''0 or
..ne 2230.
Line 301 Equipment and Installation Costs (Monthly). In order :s :cmp.ete
is ..ne, you xust nave :omp.ete: Scces.:es A. 3 and C and the vorxsnee: for
....e.ent and .nsta::a:::n :narge3 :n Part : " of Phis fora. mom rose
racer:a a , retrieve one n_-ocers entered ;n L re 3 of the Equipment ':orxsnee: an:
Sex 3 of Scnesnle C an.: ads :nem :agetne. Tage :r.e resulting total and
by '2. :his figure reflects tee costs you incur in an average -on:.n for
equipment and .r.s:a::atiors. Enter ..;3 n•;moer :n Line 301.
Line 302 Channel Factor. :f ycu :cmole:ed Worksheet 1 only, enter the r.:,ur
from Line 106. Col.,-nn E. :f you completed Worksneet 2, enter the mscer fr n
_.ne 206. Column E.
Line 303 Cost per Sub3crlber-Channel. To determine your equipeen:
;nstallattcri costs per 3uoscrittr per cnannel, divide your monthly equipment and
;nstallation costs frcm Lint 301 by the cnannel factor from Line 302. Enter the
resulting figure in Line 393.
Line 304 Base '4rvtce Rate PeS Channel. To unbundle your equipment and
installation costs from your base per cnannel rate, subtract the Costs Per
Subscriter Per Channel in Line 303 from the Base Per Channel Rau in Line 300,
Enter the resulting figure in Line 304.
If you oompleted Worksheet 1 only, the rate reflected in Line 304 is your maximum
permitted rate per channel for programming services. You should enter this rate
in Line 600 and complete the Cover Sheet to this fore.
If you oosipleted Worksheets 1 and 2, you will need to adjust the Base Service
Pate Per Channel in Line 304 foF lnflat.~n and therefore must complete Worksneet
Moreover, if there haw been changes in the number of regulated channels
and/or subscribers on your system since September 30, 1992, you will also need
adjust the Base Service Rate Per Channel In Line 304 to reflect these changes.
This can be done by completing Worksheet 5 after you finish Worksheet 4.
Instructions for Workaboot 4i
I
Worksheet 4 to to be used to adjust your maximum permitted rate for inflation
that hu oeaarred between September 30, 1492 and the date you submit this fora.
Since you he" previously calculated the appropriate Inflation adjustment factor
in completing Worksheet 1, you will simply need to apply that factor to the Base
Rate Per Channel for progreaaing service calculated In Worksheet 3.
Live 400 - loos Servios Rate Per ChLWI. Enter the Base Service Rate Per
Channel from Line 304 of Worksheet 3.
Line 401 Inflatton tdjustment Factor. Enter the Inflation Adjustment rector
you previously calculated from Line 127 of Worksheet 1.
}
Ts t
. F
,
i
, A
Lite 403 Adjusted Base Service Rate Per Channel, 4u1•;ply t.e .°ase e
Pa:e Per Channel in Line 1100 tees :re .nflat:cn Ad;wstaln: Factor :n :.re
Psrer tnnelesultlrg aumcer 'I ;ne 903. 'his figure is your ?ase Service oa;~
:na. as ad;listed for :rfla::an.
Ad Lustatents far Chances Since SeOte~ber 30 tai. :f you aeple:e:
+trKSnee. 2, ..,e te„e,.C1arK cnanat! rate yew used for :rose calculstlcns .as cased
or ine number of regulated cnanneis, satellite-eelivered signals and suescr!:ers
cn your system as of Seoteater 30, 1992. It none of these factors nas since
;nanged, you sty appropriately use anat tencrunark and therefore need clot
'.orKSnee: 5, ;f ncwever, :here nas been a change in your system w;tn regaro
one or more of these tnree factors since September 30, 1942, the tenc-=rK
against rhloh you compared your current rates may also rave changed. 7*erefore,
you will need to ad;ust your permitted rate to account for these charges.
+orKsneet 5 srculd be use: to perform these calculations.
Line 500 Adjusted Base Service Rate Per Channel. Entt.~ your Base Service Rate
Po-r Crannel from Lire 3011 on .'orKSneet 3 If you did net complete worksheet J.
:f you did complete WorKSneet a, enter your Adjusted Base Service Pate Per
:cannel from Lire 402.
Line 501 Benchmark Channel Rata (Baseline).. Enter the Benchmark Channel Pate
you computed in Line 220 of uorKsn,let 2.
Line 502 Benchmark Channel Rate (New). Enter the Benchmark Channel Rate you
computed in Line 110 of Worksheet t,
Line 503 Channel Adjustsertt Factor. Subtract your Baseline Benchmark Channel
Rate in Line 501 from your New c'enchwrk Crannel Rate in Line $02, Divide the
resulting number by your Baseline Benchmark Channel Rate In Line 501 and enter
this figure in Line 503.
Line 504 Channel Adjusted Base Service Pate Per Chalrwl. lake the Channel
Adjustment Factor in Line $03 and add 1• then, multiply the resulting figure
-1 times the Adjusted Bus Service Raw Per Channel In Line 500. Thip will give
you your Channel Adjusted Use Service Rate Per Channel, Enter this number to
Line 600.
Coergratulatioeal You have now completed all aaleulatlons necessary to compute
your maxian permitted rate per channel under the FCC's rate regulations. The
rate for each tier of regulated services you offer will be reasonable under the
FCC's rules If It does not exceed the product of this rate per channel times the
number of eleem ols on that tier. To make this Mal calculation, the number you
entered on Line 600 should now be entered on Page 2 (or of the Cover Shoat
to this fors. follow the direetieas an the Cover Sheet to finish your
computations.
i
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FCC POFM 393 PART III
UORISKEEtS AND IMMUCPIOILS FOR CMXULATIMC
EQUIPMW AND IUTAUATIOY Ct{ARGFS
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(Caltulato Socaratety rep (aM titntllcletty Dlfforsnt typal 3 LfD ~/r
Inra.at Coal to Costs (tot. 1 Of 1064PUt0 t) I
9. fat11 gfntaNnta/l14tlt tat Ian aa1At
~ nr1.
1J. total aalntar.tnCt/intitls[,on Cott t 4114 S a L"d t) a
tl. taut Cast of lwwta ( tima a • Lire 10 ) t
12. atmeor of Vrilts in saran teat. 1 at tefteftla CD
fJ. unit Cost ( Lira 11 p Li14 12 1
f
u, rata per month ( Lire I) / 11 aontMt)
Srtr 0. CRartat for Leased Car" flap Ions
(Catcutate towratalr 'or Isen IJ/nifitantty Diffarant typo)
!`ft
1f. knAL Capital costs (Cal. f of tcna0+la C) a
I/. Total glntanrteVlnullstlen court Mrs.
4 it. total ltalntarwtt:a/tnsultsN an Cats I Lira S a Lin oft) /
11. Total Celt of Corrertsr lea ( Lima 15 • Lin If) /
it. mulamer of wito 1n larv(es (Col. I of fcnaeuta C)
20. Wit Cost t time 11 / Visa It
)
al. taro w acme ( Llma 20 / 17 uwtlls)
t
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ft1/ t, oarps tar ww tossaa wxwrt
i
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it. knot CwU1 CMII (Cal. f N khowle t) /
1t. facet Itattltalty p/InsuNNlsn /acts pro.
21. 1"41 Itslntsnaned('rtaltatlsn tars 1 Lima f I Llma 23 f /
29. retlt Cast sf COW IQWIM tt ton C L1ma U a Lima 14
) /
26. bAdw of ulltl on terv(a se ruler of fk"ernsn 1941. I of $da me Cl
11. L/llt tat ( ttns as / Llns 21 1 1
Z!. tats for main/ ( tons at / 17 Untns) L o.
1111 .14Z I
f
ao~e 9oeratar rsnet ta;esn,tr w,.t :0 mated: :sts:
rr Vtn,H tutnan tr: lint a-er
:tON rrp/r sew,q t,,ne 7r01
Role I sI 7
A~eai2;:.n,
Itgg
ITU F. Cfarpe Iar trv,lirp )truest r+era or tau ""ef,
u / 7r
79. saairal Cferle for ch esiry Iervlte trers
ott ,
70. unlfarme Ise Ise Cfarl,el )ervia titre stream taaa<t Ira tln f1 1
a
It, werep late for Oar,llry lervlte tiers i NM I s avere/e fours to tfr,e titre!
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RESOLUTION NO. 3 5 ~a 4V ON
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AUTHORIZING SUBMISSION FOR CERTIFICATION TO REGULATE CERTAIN CABLE
RATES AND SERVICES; AUTHORIZING THE CITY MANAGER TO SIGN DOCUMENTS
NECESSARY TO OBTAIN CERTIFICATION, AND TO DETERMINE AND IMPLEMENT
SUCH RATES AND REGULATIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to the enactment of the cable Television
Consumer Protection and Competition Act of 1992, the F.C.C. has
drafted regulations which provide that local franchise authorities
must apply for certification to regulate certain rates governing
basic cable and may file complaints regarding cable programming
services; and
WHEREAS, the City of Denton desires to safeguard its citizens
through involvement in the rate regulation process; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
.$=LON I. That the City staff is authorized to prepare and
submit the appropriate F.C.C. Forms, to request certification by
the City of Denton to regulate basic cable service rates and
request review by the F.C.C. of cable programming services, if
necessary, excluding pay-per-channel or pay-per-program video
programming.
SECTION _II. That the City Manager is authorized to sign such
forms and documents as are necessary to implement this reaolution.
SECTION III. That the City staff is hereby authorized to draft
guidelines to determine a fair hearing process, and rules for
determining and implementing cablevision rates within the benchmark
rates set by the F.C.C.
JLCTION Iy. That this resolution shall be effective immediate-
ly upon its passage and approval.
PASSED AND APPROVED this the day of r
1994.
I
i
BOB CASTLEBERRY, MAYOR
j
i
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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agardsblo.
Agsr, d a I toR
ter
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
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PAGE 2 ,
1Y.
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EXHIBIT A
IraerY e««.,nw+wNGm.er on , Aw" Wden
wrtneq,Mr oC 201se loeamw
(w.Ml CYltM
INSTRUCTIONS FOR rat-338
FRANCHISING AUTHORITY CERTIFICATION
i rha CoWs Television Consumer Protection and Comoetition Act, Queston albh The franchising authority must haw a suhrtlem
enacted in October 1992, changes the manner In which cable number of ptrtptnei to undertake file regulalIon.
Wovi(ion sysienle that are not subject to eBeaive competition Ail
regutated. In general, rafts for the b,.l .twice star (the 6ei required A fr4VAisa authpity unable to answer IV", to questions esAl or aibl
as a condit,oa er accell to all Other video servstea and containing, mrf wish to review the FCC'I S="-Mi4tdec In i
among other services, local broadcast station signals and public. FCC 93.177 (released MAY S, 19931 for further information on the
aduCltienal, and Public access chwvvlsl and associated equipment enabilshment of altermadve Floral regulatory procedures.
will be subiM to regulation by local of slate gortmrnems
("franchising authorktes'I• Ratas for cable programming service( and 9. Quenon S: Frartthlsing authorities must have procedural RIVIANont
associated equipment (all servicat eateln basic and pay than naIs) will allowing For public pank0 ion in rata regulation proasdlnlL 1114
be sublea 10 regulation by dte KC. Was for Pay Channels franchisingauthorirydon Act havethese regulations Already InPlan.
khannels for which there is A spaifit per-channel or, pergrogram N must adopt them within 120 days Of canifknion and before it may
charily art not regulated. undertake raw regulation.
2. Orly cable where that are AM subiea IQ effective competition may 10. Que(Non 6: MOO cable tywms are 02 mvbjea to efiieahre
be regulated. f4alve crnpe(man rxano th l W fewer than 30 corwition, as defined the Cable Act. (The definition It included
percent of the households an tFw frenchfso area subscribe ro the able above end on the 119" oinchisng tuthOrlsy MY 90di"
10Mce of a cable svst&Ml (b1 the franchba area h W tervtd by M lean IN Cable sysIgm In Its f urisdlalon Is not IuWIa to elFeah/
Iwo unaRiliNdmultithanrelvidao progrbnmin I dign'bwors each of tompetefon.
whkh Oxen comparable video programming to at leas( So percent of the definition ofeA'ecrtHe tompeinbn Ices
the households In the hanchim enact, and 00 the number of for rposa Of appIhng
households subscribing to programming Convicts o1i by item a Above),*fWAIlchawwlvideo pproro{gramminl~distrib%WM1' 1660de
mullichennel video programming disrrilloor/ other than she largest A cable opew0f, a mulNchWill MM, I"lnt dinrbwton service, a
multichannel video pr nmmtng distributor eecead( 55 percent of direct broadcast 1100111to service, a television w2hrOddy tatelIM
the households it the franchise area: or le) a multichannel video program diutibirtoe. a video dialtone service, and a sari ire Honer
programming distributor operated by the 4richlaing avOw,ry lp.hat antenna television systam. A multichannel video programming
franchim area Ciliate video programming to it least 30 percent of the digributor's services will be dwndc' 'Catered' when they are both
households in that franchise ans. technically and actually available. Sankt is'tethnkally available'
when the mullW+ennel 01tribwor is ";Wly able to deBver this
. 3. in order to agulMa basic stAnce tier rates, a (ranchhImS authority Iervlce to a household within,] to subscribe, vault only minimel
mug be artill by the FCC in Order for be CICANW, A Franchising additional jj,V W A by the di(tn'bulOr. A strike Is 'tiauelly
euthoriry mug complete thh fpm- An origMal and one Copy 91 The available' if swser Mat In die franorw via am mew ably aee+v* i
completed toms and all aftechmemts mM be returned to the FCC mush. marwetinf efforts that the WON (s wadable. SubMurshO
by regidred mast, Murat receipt raquaMd, to the KC At the of chow muhiClis reel video progeonnin i dtstrlbutat ollering Wake
address on the form. to at leap So perant of the houaahOldt in a kr4lN area will be
aggn{{aced to deMwkw whether at leap is percent of ten
A. A edgy d the form mug be nrved on the caw operator by Firal{lau households in the ker0lw area am ser"d by compolho s. A
mail an of before the lord the fpm is sews or detivened to the FCC. multichannel video propurir^uo l wo am ~C^ mug 099 M 12
channels of propammhtL
4 S. TM franchising autherrry4 0" kardon will beeoi aRealve dm eonbrOACkUt, to be found to o (ef •;Dlnpifabia' video p(Qgrarnml^F
aAbe un4u otherwise 11. Thls cenifkatlon form mug be oftned by a lavv^meM o$kW with
ted authority to sat on behalf ref Ire an chhing authority.
try ssion notified beogfindie to reg ConuWm+ee mr rMN.by howeverhowever. ere deever. Until The Nhlias aauars Actunalg N adadooppted
J
the requited regulations (Ise belowl and VW k his 004rW the table
operator Chief k hat been a nifid and that N has adopted IN rtqu;red
""nations. Its NOTKI TO wDIVID(AUe IaOVOW V Ime rMV&V AD AND 11d t"WOaa
6. In order 17 be vniflard, franchising authorities mug answer "yes' to RNWION Act
Question: 314, and s, wldeh an nplained as follows: TM Cetbairion of sense a rnaete;~ w W At 1 wCµ Ol" Ads of
i t(a, r anrnera Tar Canievtewt
mug adopt rate regulatIona 1 a wanes ^01641061, remelt b avAwd r M"W CMe "OIL M PC*
f. Question 3: That ka^c mirsi authority dram MOM w w low ,mere" a pogo A A 0or bawoe rre.e+a
coral(tentwNhthetomlaaonYngalamionsfotbaskcable service. %AMMMWb,o eta,a,(t(sr,ateunteaemate.saetuy.AtbkeerrnemrslMAb
To fulfill edits milutremam for contra ion, the kanrdVilo Au hortly kin we to MAaale to PAW wireo a vat soe"'a I Pew" is le" ON Moldw
may elmphy adopt a regulMNin Indicating that a will ow Iha wthern.
regulations Astabiished by the KC. rdyr "Mee rraM w M sitansw of Mwnnetw b aentsel to awys te creaser.
artetrifft fie war w rerre'era fur ole , swIlA f•aaet lea wrwA ■lrrte 04
IN kanehlsing authority ham 120 days to sidapt these regulations , rMy er asu areoew. orb eweeMiM and if y.vr M e ao0 e(MS..vrau sw
Other 1M time it h attified. Thai (Mlidleltt/ au"Ify may nor, Coffo +r r.v sew ea aeterr oeearte K W low rased g !i esttitaen Y e+rmewu
however, begin IQ ng(alam table new until alter N has adopted dress k++dcwwem rew"d ae^sbu a'" 10 o Gw101e ae1 o+ w,~1Me
ngulMlone and unMM h hu nedfiod tw Cable overe(w that it has been am L04Kf6wooft a ,tt r, 110"110% weA>rilriCk n e 10501.
certified and has adopted rte raQulmd "lations.
Ma mesoowo Atom to apulto IV yid MVACV Att 01 11% P4, 134M
1. duegbn l og: This hwn"Iftt authogMll 41"d nnwdre to "Oster, 91UMI M It, 10M A USA sualm AW and ►Ametwo" K Act or 1e410.
bask service mug sew keel ateu IM CA tame 111111K whir the IL fbl tt, aeewr\ 1I, 1114 N V.LG nat.
10 thole stave, end draw
government should N this anfitathn. FrwtCrom h fl"S"
eignig.1w a kcal peohiblt roe t+guf~ are tepid end d nor PteaeM
a frenchhIng out" from rerilating the bilk WA= tier and
astoNMad equiprnarx.
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Ag,fP0.
Msr dh Me
raGlinl
wMayur<p.c »ssa FCC X28=''J orKe-t~eOn1Y-~,
CERTIFICATION OF FRANCHISING AUTHORITY TO REGULATE BASIC CABLE SERVICE RATES
AND INITIAL FINDING OF LACK OF EFFECTIVE COMPETITION
i Name el franch4lnf Authority 3. Win your franchising authority adept f"1t.M No
(within 120 daya of certtrickuwa and
Meiling Address adminlder re/uldiono with resw fo
bank cable service that are censfdent
CRY State pip, Code wed the reosilast adopted by " KC
pursuant to ey US.C. gectton ie)tb)f
Telephone No. Oncfuds area codeh
4. With rspocl le the kanchisin f autl+oniMs regvlatlam referred
Penton to comact with respect to this am, to in Question 3, D y« Cl No
a. 0040 your franchising authoral' have
the low authority to adopt them1
3,&, Name Wand Wdetogeel of cable eydem(sl and associated KC community b. Does yew franchisUq awozity have ❑Yn ~He
unN Identifiers within your lurisdtction. much &J"onal sheen N waswyd the personnel to edmir"or therm
CableSymara's Name
S. Do the proeedwal laws and regulatlons ❑ tt+ ❑N0
MatlingAddrele applicable to rate regukOoa proaed'n[s
by your lranehhlns authority praMde e
City itali ZIP Coda rmwAb(e opp aOrt for toneidardlon
of the vlewy of Intended partial
Cable "alt's FCC CwmhtWty Unit Ide 0lan ❑ ye ~ No
6. The Commiaiom prerumee (Fitt the uWa
1ystomfo Mod M 2b. to (are) rnl wbfect
to ellm ve COMPMRiw6 low on ON
h6lafyalan's N me def nWoo. blow, do yet haw Wren to
belleve tl+dthb gewanrptf+m 11oeeott1
A fdrrs rmearla slut W fewer than >0 Parma of the
fEffeetM conpefatlam
Cky Rafe ZIP Code houselloide IA IM fronchbo ale *AWN* w the table IN I d a
Cable syatareu 04 tln kMK%M era N to cowed by at lead tree
CaaleSyMemti fCCCommcrlityUnitidendlflen unaffiflewd rawficl wmal vw" woom rairr didrWnwre each of
. / which offers CamMrable Vida PHWA*W f^0 to d Ind 30 percent
of tM homaehefde I* the Iraeehbo caw and 00 do emnbw of
hole "de subscriblof to prog►ano in S&vku offered by
2, b. Nana W d syMra(a) and mutated community unit Identifiia(s) you mukktutr nit vide Maf7aoo*i Aotrltnrlers whw tMn IM kr wt
delete we sAW to re;Wealom and wish "sect to which you W filing this muNkhennet caw prspamrnins 6*6" ntteeda IS patent of
cerONoation. OA" ddit"A show If one rwyJ eM howehdde bt Me fnneflbe arw a fd a mrgklNnnef video
Name of System To r icy Unit d" ha lw ua ON" vw" prepamr k't to eat 104 so pwcom
of 1M houeolsoli V dsM (rarsthtN cow
Nana of fydam CotrmmYy Unh Siynslllee
IdaattHier
T1Oe
2. C. Haw you laved a cop► of this fam on all OWN cye ONO p~
rated In 2b.1
WitifUL FALSE STIrWMT1 MADE ON THIS W AM ARE
PUNISHASLii By NS ANDSK IOM Iry tfSWOWILIIENT W.S. CODE
Tffu is, Return the rwnw card one copy of this earl iation form Ua
In"od In Instructions!, slam wish uy atwcbmemt% lot
Federal Cemmemkoloms (.o"Aslen
A11N Cable Franchising Autherky CeARICAtloe
R0.0oa 14121
Wuflington, D. C. 20034 rtC 124
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IIII
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-rvMC<a Kra, Cem~+ e+ EXHIBIT S
vtwneea. u c :~a _ I•rwagtitii I
FCC 329 INSTRUCTIONS P 3 y~o~~
fi- , iCC iorn is to oe used by i6Clcrorri• lQmcnOina sumOrilits, in0 ) I' wu art a 1volcrfber, cou must apace a copyoi your monnivc1ge bill
niner r.llvanl SW Or local gOWAIII ontn•e1 NOhts 10 '1:4 a Yrecrn tea rlle or rote increase Spout vvmcn you are clompmbrnng. II
comparm with the FCC chtllMpnf the reasonaolMnt of a cable yov are challsiI Ire teapnoWenels cif a rate contorting Coble
Company I Comfortable programmng Krv+ce or for mriallahnn or renrar programm'nl Service Or associated eouitimera In elect on September 1.
or e0ularnent ue+o to receive caste prolremrime siI 1993. Iho II should toPect that rate. I( you Ore challenging the
reasonlbleri of a rate Mcrease. the bill Should feden the increased
the term 'Cable proygmmin{ service' ircludol all video preerammmis Pale. tit YOU ate cnallenpnl the reasonableness of t rite inenaw end
o wned by a Coble Company slew: (1) p+olrammineprovrdtd on 1014 have a Previous till which relllQt the rate rmmedlat. we 10 ton
basic senior tioa or 121 programming provided CIA a pay-pet-01I or increase, o ease anlCh a Cottle of Ike previous bill - ntta nbhowever. that
poyof-gr0liam fors. See Question 9, this is ophomi.l
3. The "basic service tier' is the flat that rndude! ovefaha.arr tdevnlion to. You must cneck the belt tulinl Your belief that Ine Cable OrotrammiM
broadcan Ii1nals and public. educational and govemmtnul access semce fare is unreasonable. The FCC stall will appry the formula
channais. Under federal law, in most mnanee. Your lout frencntung memloned to paragraph S to dltenmim r whether the attic company'1 rite
authority lath" then the FCC 1111 rate for the bait service ties Or is oretymed reasonable or not - You do nor need to make this
asoctehd eguipmanr. Therefore, if you believe [hit your role for the Calculation.
basic sepia tar or associated equipment it unreasonab(e, you should
coma your Intel franchising sum"riry to dnetminbtt It If euthoriled to 11. You must Ulf in oil Information rv~nuilli pY Ihis form.
rtlulete bear service tier reset
5 Z. you nay conrea your loaf (rarnchning authority fa uttatarKe In 6111ng
4, Under federal lame, video ptolremming provided on a pay"f{hennel or out this lama. In Addition, YOU mat' anaeh I Statement groan your foal
pevper-grogram butt (for exsmolo, a oramtum movie channel such ore franulitsing authority descrlbtng Its vows On the reamed Inns of the
HBO M A aY1mr view Spons event' is not subiea to rate ttgulat,on bV cattle you do strum ims to es rate In quirsicm,
ten
you Should also is1 is of A of Mvi f 19 t.
e,Cher the FCC or your lout franchlsing luthoNy.
cable cOMOanv.
3. it v,ha are concemed about vour rates Ipr cable orotirammmR ufvice or
JISOtIatea tOWIP"A[. Ihis You rev I'll Out inlt form and Submit 1110 the I You must vin and date tnit fon".
FCC, The FCC will examine the fitAWSbIIII of your cable
programming service rate according To a Specific iormcla, 0 the rare the 14, Copies must be mailed, including all atuchni to Ike foilawinp
Cable company CUfMMIy is chWIMI YOU for the cable pfolramming
service is greater then the rate produted by the JIM formula, the tibia Orfginall
cornoanYs rate wail be presumed unmwnable. In Iheit clrcumerces Fe4e81 Communications Co"tolon
unless the table Company Can provide con iafammmttn to iuss fy Ike AM1u Gable Papomist r1 serrke Rau Comilla ant
teewnabletesl of its fall, IM FCC may order a refund a&Not a F.O. poll )1911
prospectcW fats reduction FM the cable prpgrammMe service At moue. Wat"gtan, O.C 300768
6. P101" note the follow4tg Um1 fimitltone For filing a complaint: the table company (at the tdd"et fitted on vow COM PIC&I and
a N Yeti are challeng+ml the reasenablenla of a rate fri for table the local franchising evlherRY (at the addrnl listed on your cemplall"I
piOgNMnrMng service p &mdaW ltluipwav. roue COmplline Must be
actvoty nonmed by the FCC within 49 don from the date You rettlve Hew be lure on tend all C90" to the ee eIM address. if you do not
a bio from pew "bit Company mleleing the rare increase. 6~ow a we natty, not be &I to prbcau yaw mN
fedvaion in number of channeil may consio u t an oectrve tale mc,ta/e
J even though the ealumg rata per the Coble prdlre nmmg xwice remains t S. N01'gt 11 you do net mail a aqY of this ISM k444"
uncnanled l attachnner" 10 the Cable cOriPamY at the Nme time YOU COW VOLY
centNaim to the FCC. the ca* co0Oal1Y Milt rem be regldnd to
t the Only exception to the 43 day time Irmdat-Gat rOM1Nms Coble respond and YCUr coiWaint maybe dismht4d. _
praNammM teviCs, ono Militated toUiprnenl rates in matt whty+ the
rots rule become effective - Chat it. Septemm 1, 199). you rev 16. if your comoIsWq insists the ragukerMnts lithe tbbve, the FCC will
Challenger the rOlwnableneta Of Such rlreS. bbl VW "lull (Ile your regwre IM able CQMOVm to respond to YOU" COMplalnt wkkln thirty
co"oft within 110 dare from L/tnombde 1, 1993 - that IS, by February days and provide a h+pillIce10n kr the t to0(t of bet ass o(I M r 10 d+ KC,
21 1 1991, Jbie Company must orln, you
a Aker Fvtrwry 11, 1994, You may only file twollinu about rate 17, The FCC Staff will examine You eomp)dnt end the cable cornponyl
1"11411 and Yep must fall" the IlfWAI 45-0ay tiling rtquliemlm tetoonse and then rule On the leewmebfene0 dtheCiv Nl~tr ~nmmCepy
dew bed above. "mince rate. fhla ruling will be in wndng, and you
by Mail. If ton FCC staff determine shat the fall in OuWion M
a Laufilad I aims wli be diursited vi no doronunity to mefde, unroosonable, it may aside" nowde "Of pry oo" rate leduaions.
d h datwminei that the rate In Ouoion le reasonaole, the FCC self will
C. In adddion to the Cable como V I name Pd madmt address, you deny the complaint.
should provide the cable company's .FCC Community Unit IdMtfier: you aayvacY All Aho pie FA/MSVOee
(The FCC CWWfAlAitY Unh lde ril lef N a number assigned to each cable KC Nonce to twptvrouAU ReOfr ~N ACT
system by th1 FCC for admininntM Ourpolet•l Also, You Mutt provide
IM name And mailMg addre s of Ike local franMisinl outell (The the so CAM"io mwewa rlanrrarraa n Sea*04 ayn4ntN N rassC"-m* MSao 01914,
socill SOV IlMellr{• rg Wlfn is the COW MUilrcrpal, c0uruv or other t~~ M bo I's ~ IN ~ pill hatimm M M law foovomh
govemm V. orgartitnon on 040 egulaal Coyle ulevblon .n you purewm a Poore "a" mwmft w top M/o'ar e+rewlan emWe44 h M M M t NIMr
tertlmumMV1 III rules require ton (able CCMOCI to lumish all till sailemnspit As shah, nwOreadin stall wren" beem4ok SaiexMe"umw vow
inforrakhan to you do you monthly bill, if this Information dam not to • oowa w M ~ M reeeatsle OPAL
eppee ether on ton from or barb of trow monthly bill, contact your
rrMM Neaaoq eviesate erM nlMnMa al auwMwaeitvasM re wane lap.arse/ha lie
able company, you (oral konceillins avlhonl or vow local M rte o a a fit" W sewtia p►a M e r x►wr w M era
goverment to Obtain she rvetNaiy in(or,Mfidn before (riling out this w vnr Meet/. h,etor-Mime We mwywn *III O"Om 01 M WWWL Will OW I%00*qsixt
form k
All ad"ewOM is er will OC Camie:M:Ms!r}ii~uam'~' +axOiatS
70l11,1NNMWikest►Ynae'n'e one9Meixrl~Mta~YetrarMllt4lso
• wsern e4n.0 C.
1. You must indicate whether you art chalWiinl she feasdnablMesf of; Isyap rrMhCnpMLp.C IoeeF
111 a tore eonbeer.ine cable programming "MCI at alldaated toulpmMt
h 40#0 am september 1. 199); or 121 a ram incrett/. Except for a 1WPOW U4hal eseoumo/rna1FWKTAOotte+Po a~µt~ apt
limbed dpponun1tY 10 cMiiMp caroling rare in effect On September 1, It. 19111. IV" atlaeaM OO INa FAhRWM etpimenof4
till complaints may w fled only In the ev.r1 d e rate Incraeae. oomvia 111 1111. As I/J,C "OF.
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410
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lrhaaMe
clo%ft,.e FCC 329 eok,re»sel
fsxfCCUseOnlr
CABLE PROGRAMMING SERVICE RATE COMPLAINT FORM
iUre Ivily read inetruoiom On rev Mt Wort Iill int out form)
1. Comp4inMt'a Nor," e. In the uWrs below, descrdre the table ar rammona ttwice to wh'Kh
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-
CITY
'Y'om ~,y.•~,..'-.-_~~
~COUNCI
EM:
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ON t•
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Absn~alle GREATER December 9, 1993
DWrON
oars
EDT SWH ULL The Honorable Mayor Bob Castleberry
DENTW TX MM i
u,+l ssz•:+d+ 215 East McKinney Street
Denton, TX 76201
DIRECTORS
Ron! &uley
~I~nl
vice yneldeMe Dear Mayor Castleberry:
laculf Ewe
alfwa Riee„
Rudy umno
s.aet.ry As you and the City Council know, the Greater Denton Arts Council
' Carol A!aender
• " ~ • yp„.,., is engaged in a capital campaign to raise funds for the innovation of
Caro! Wilms the Campus Theatre into a community performing arts center. We are
' faaudleu
r..l r~eldenl now at the $1,100,000 mark counting all pledges, donations, and cash
E„d lvhfilr
td n
tae Allford on hand. This total includes $117,711 in Lalor funds collected under
-
Gr,rdaeieYy a contract with the City of Denton (April 1, 1990 - March 31, 1992).
Tonto" a"""' This money was designated for historical restoration and adaptation of
Tom CederduW
NOcnandl. the old steam plant at the corner of Hickory Street and Bell Avenue.
sun Callon }ienry Cibbons
aetrie Ubb
e>n sv The Grater Denton Ails Council respectfully requests that the Denton
Mary tee ndrk► City Council approve the redesignation of these funds for use on the
Neney Rlnr
toRvb.n Campus Theatre. THis use would fulfill the intent of the original
Alen Nc agreement as it will establish a performing arts facility and bring shout
` aonNe~k1
UAW
aerbersPWILPe the rostoradon of a structure of historical and sentimental significance 1
t'^"~e"' to the community.
Neu k mop
tunwheder
WCOM Thank you for your consideration of this prop)sal. The Greawr ;
to help
un
orRrcroR Denton Arts Council will provide any necessary nifolmau w
,c„, tics
ti you evaluate this request.
i Sincerely yours,
' Y st ~,p,✓w ~
Y y ti: Veronita Beast y Fred Patterson
president, GDAC Chairman, Capital Campaign Cabinet
cc: Lloyd Harull
~f C.ty Manager
i
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y
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DATES January 4, 1994
CITY 9QUNCIL REPORT FQ~ATAnrA NCO 9 x_00
T0: Mayor and Members of the City Council p`y;`;pq_
FROM: Lloyd V. Harrell, City Manager C._ I _ (K
4 a T CP
bUBJs REDESIGNATIUN OF LALOA FUNDS
52 ONK23 DATION1 No recommendation is being made at this time. The purpose of
this memorandum is to provide background information regarding Lalor Funds
received by the Greater Denton Arts Council (ODAC).
RACEGROUNDs For several years, the Denton Chamber of Commerce and the Cultural
Confederation received all the Lalor funds distributed by the City. The Cultural
confederation subsequently distributed those funds between several agencies
(i.e., GDAC, Denton County Historical Museum, and the Denton County Historical
Commission). However, in 1990, the City ceased providing Lalor funding to the
Cultural confederation and entered into separate agreements with each eligible
agency and started making direct contributions to them. The agemaes that
raceived Lalor funding in 1990 were the Denton Chamber of Commerce, the GDAC, the
North Texas State Fair Association, Denton county Historical Museum and the
Denton County Historical Foundation. The table below lists the percent
distribution between the various agencies in 1990 and the expiration date of
their contracts.
` LALOR FUND RECIPIENTS
1 I HOTEL PERCENT CONTRACT
TAX OF TOTAL EXPIRATION
i AGENCY ALLOCATION ALLOCATION DATE
I Visitors/Convention Bureau 3% 42.85724 09/30/94
j GDAC (Operation) it 14.2851% 03/31/95
GDAC (Building) it 14.2857% 03/31/92
Denton County Historical
Museum .88% 12.5714% 03/31/95
Denton County Historical
Foundation .12% 1.7143% 03/31/95
North Texas State Fair
Association it 14.2857% 12/31/94
71 100%
As Indicated above, the City of Denton entered into two agreements with the GDAC. One
agreement provided Lalor funding for operating expenses and the other provided Lalor
funding for renovation of the old city steam plant. Both contracts were for equal
amounts. The primary difference between the two contracts was that the one for the
renovation of the old city steam plant expired on Hatch 31, 1992. This date is three
years earl Lot than the operating contract (see Attachment A). During the term of the
building renovation contract, the GDAC received $117,110.60 in contributions.
ti„ as ~
r 1. r ,
Y
_9 L/
Council Report Format [ ~K
Lalor Funds
January 4, 1994
Page 2 of 2 v
On October 15, 1990, the City entered into an additional agreement with the GDAC. In
the agreement, the GDAC stated it had executed a contract for the purchase of the
Theater located at 200 W. Hickory Street, Denton, Texas, and intended to restore and
refurbish the property. The contract term was for twenty-five (25) years beginning
October 15, 1990 and terminating on September 30, 2015 (see Attachment B). The theater
was to be utilized to provide artistic performances and various other types of
presentations.
Because of the extent of the community service that the GDAC was providing, the city
agreed to monthly reimburse the GDAC for the utilities used by the theater (with
certain consumption limits). In addition, the City agreed to reimburse the GDAC for
expenditures made to pay for repairs to the theater. This reimbursement was limited to no more than $S,ouo.
On August 20, 1991, the City amended the original October 150 1990 agreement with the
GDAC. The amendment only changed Schedule A of the original agreement. The schedule
identified the limits the City would pay for the various utility services. I have
attached copies of the agreements for your benefit.
If the City Council decided to approve the GDAC's request, the clauses in the October
15, 1990 agreements would require review by the Legal Department. The agreement would
have to be amended or additional documents may need to be prepared.
PROGRAMS, DRPARTNINTS OR GROVPS AFFUCT909 Hone
FISCAL IMPACTF The GDAC's request does not involve funds held by the City of Denton.
j1di tsally submittedi
Harrell,City Man ger
Prepared byi
Harlan L. Jet
Director of Bury
e,. AFFOOE27
h,
L
4K
a L
4
Q
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN
ARTS CUNCIL FOR THE
THE CITY OF AND THE
PAYMENT AND USENOFNHOTEL TAX REVENUE FOR THEN RENOVAT ON OF THE OLD
CITY STEAM PLANTS AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS*
aFrrION I. That the Mayor is hereby authorized to execute an
agreemenbetween the City of Denton and the Greater Denton Arts
council for the payment and use of hotel tax revenue for the
renovation of the old City Steam plant, under the terms and
conditions contained in the agreement, a copy of which is attached
hereto and made a part hereof.
SECTION _II. That the City Council hereby authorizes the
expenditure of funds as set forth in the agreement.
That this ordinance shall become effective
immediately upon passage and approval.
PASSED AND APPROVED this the ( day of , 1990.{{
i
E
RAY ST H 3, OR
J ATTEST. i
JENNIFER WALTERS, CITY SECRETARY P
By 2
APPROVED AS TO LEGAL FORM: 7
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
LAW ~
gdac.res
t;
F`
k
9 ' y
i
I
2925E 1..__~ ~.V_
.2 V4Fd,.
AGREEMENT BETWEEN THE CITY OF DENTON AND
THE GREATER DENTON ARTS COUNCIL
PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAR REVENUE
FOR THE RENOVATION OF THE OLD CITY STEAM PLANT
THIS AGREEMENT made between the City of Denton, Texas, a muni-
cipal corporation (the "City"), and the Greater Denton Arts
Council, a non-profit corporation incorporated under the laws of
the State of Texas (the "GDAC"):
WHEREAS, TEX. TAX CODE 1351.002 authorizes the City to levy by
ordinance a municipal hotel occupancy tax ("hotel tax") not ex-
ceeding seven percent (7x) of the consideration paid by a hotel
occupant; and
WHEREAS, by Ordinance 86-67, the City has provided for the
assessment and collection of a municipal hotel occupancy tax in
the City of Denton of seven percent (7% ; and
WHEREAS, TEX. TAX CODE $351.101 (a) authorizes the City to use
revenue from its municipal hotel occupancy tax to promote tourism
and the convention and hotel industry by the acquisition of sites
for and the construction, improvement, enlarging, equippping, re-
pairing, operation and maintenance of convention center fscilities,
and for historical restoration and preservation projects or acti-
vities or advertising and conducting solicitations and promotio.al
programs to encourage tourists and convention delegates or regis-
trants to visit preserved historic sites or museums at or in the
1 immediate vicinity of convention center facilities or located
elsewhere in the municipality or its vicinity that would be fre-
quented by tourists, convention delegates, or other visitors to
the municipality; and
r
WHEREAS, the City has leased to the GDAC the 'Old City steam ;
Plant:, which the GDAC proposes to renovate by the use of public
and private funds and thereafter operate the facility for the
benefit of the community and in furtherance of those objectives
set forth above; and
WHEREAS, the City wishes to allocate hotel tax revenue funds
to be used for the specific purpose of renovating the Old City
r. Steam Plant"; and
WHEREAS, the GDAC is well equipped to raise the necessary
grivate funds and perform the renovation project as contemplated
y this Agreement and the lease agreement between the City and the
GDAC; and
WHEREAS, TEX. TAX CODE 1351.101 (c) authorizes the City to
r
v~a
delegate by contract with the GDAC as a
management and supervision of programs and private 8thentype
described hereinabove funded with revenue from the municipal hotel
occupancy tax;
mutualwcovenants Band ipromisesd contained f herthe ein, the performance City and the
GDAC agree and contract as follows:
I. HOTEL TAX REVENUE PAYMENT TO GDAC
1.1 Consideration. For and in raising the necessary private funds and consideration
the reno-
vation, restoration, and preservation of the "Old City Steam
Plant", the City agrees to pay to the GDAC a portion of the hotel
tax revenue collected by the City at the rates and in the manner
specified herein (such payments by the City to the GDAC sometimes
herein referred to as "the agreed payments' or "hotel tax funds").
1.2 Amount of Payments to GDAC.
(a) As used in this agreement, the following terms shall
have the following specific meanings:
(i) The "hotel tax revenue" shall mean the monies col-
lected and received by the City during any relevant
period of time (i.e., fiscal year, fiscal quarter, or
calendar month) as munici al hotel occupancy tax at
the rate of seven percent (7x) of the price paid for a
room it hotel, pursuant to TEX. TAX CODE 051.002
and Ci': dinance 86-87, together with and including
any suss of money received by the City from taxpayers
during any relevant fiscal quarter or calendar month
as at,:crney's fees, court costa or
ocher
collection of hotel tax, but excluding i teresteand
penalties received by the City from taxpayers.
(ii) The term "base payment amount" shall mean an
amount of money equal to one seventh (1/7th) of the
total hotel tax revenue collected by the City during
any relevant period of time (i.e. fiscal year, fiscal
quarter, or calendar month), less (1) such amounts
incurred during such relevant period of time for costs
of collection of hotel taxes from taxpayers or auditing
taxpayers for tax payment compliance, such collection
and auditing costs to include fees paid to attorneys
o
and r other agents not in the regular employ of the City
hotel tax attorneys or
taxpayersor agents audit effect such texpay6ro, and
PAGE 2
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(2) court costs and expenses incurred in litigation
against or auditing of such taxpayers.
(b) The City shall pay to the GDAC an amount of money
equal to one hundred percent (100x) of the base payment &Qount
for the term of this Agreement.,
1.3 Dates of Payments to GDAC.
(a) The term "quarterly payments" shall mean payments by
the City to the GDAC of those amounts specified iu 11.2 above as
determined by the hotel tax revenue collected by the City dur-
,7 one fiscal quarter during the term of this Agreement. The
ing an
term 'monthly payments" shall mean payments by the City to the
GDAC of those amounts specified in 91.2 above as determined by the
hotel tax revenue collected by the City during any one calendar
month during the term of this Agreement.
(b) City shall pay the GDAC the agreed payments specified
in 11.2 above quarterly. Each ruck quarterly payment shall be
paid to the GDAC on or before the forty-fifth (45th) day after
the last day of such respective fiscal quarter for which such
payment is due.
(c) Should the City, by amendment to the Code of ordinances
of the City of Denton, require that the hotel tax be paid on a
monthly basis, the agreed payments by the City to the GDAC speci-
find in 11.2 above shall be paid monthly. Each such monthly pay
ment shall be paid to the GDAC on or before the forty-fifth (45th)
day after the last day of such respective calendar month for which
such payment is due.
11. USE OF HOTEL TAX REVENUE BY GDAC
2.1 Use of Funds. For and in consideration of the payment by
the City to the GDAC of the agreed payments of hotel tax funds
and such other funds received or raised from other sources as
contemplated herein only for the purposes of improving, enlarg-
ing, equipping, repairing, restoring, and preserving the Old
City Steam Plant" property under lease from the City, as autho-
rized by TEX. TAX CODE 9351.101 (a)(1) and (3).
2.2 Other Authorized Use of Funds. The hotel tax funds received
from the City by the GDAC may be spent for architectural, engi-
nearing, and other related professional expenses and fees incurred
in the performance by the GDAC of those functions specified in
12.1 above.
s• 2.3 Specific Restrictions on Use of Funds. The hotel tax
PAGE 3
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funds received from the City by the GDAC may not be used for
administrative costs or expenses, including day-to-day opera-
o III
tions, adminietrative salaries, of theoffice GDAC,~tel, travel expenses, or
III. RECORD KEEPING AND REPORTING REQUIREMENTS
3.1 Budget.
(a) On or before July 31st of each calendar year during
the term of this Agreement, the GDAC shall prepare and submit to
the City Manager of the City an annual budget for the next ensu-
ing fiscal year of this Agreement for the GDAC and any other
operation or function of the GDAC in which the hotel tax funds
shall be used by the GDAC. The City shall ot y °fia to the
isoy agreed payments or hotel tax funds during an year
approved unless in wrsuch iting budget for such reective
this reement
the Denton City Council. year
has b
(b) The GDAC acknowledges that the approval of such budget Counci
the
dut
ates is
GDAC by the
Denton ect to the hotel ltax euunds peid by the City to the GDAC
with reep
under this Agreement. The GDAC shall expend otia the funds only
in the manner and for the purposes specified
approved by the City.
3.2 Separate Accounts. The GDAC shall maintain any hotel tax
funds peid to the GDAC by the City in a separate account or ac-
counts established for such purpose and may not commingle such
hotel tax funds with any other money or maintain such hotel tax 111j
funds in any other account.
3.3 Financial Records. The GDAC shall maintain complete and
tax
hotel City
accurate financial records of ueach pon expenditure oche he Denton
funds Council orr thby the e City'sDExecutive Director of Finance or his daaig-
nee, sview b ke the such Denton financial City Council oraithelCitye iExecutive
aiY~ for of Finance or his designee.
3.4 Quarterly Reports. The GDAC shall furnish to the City a
performed by the GDAC under this Agreement
within in of the thirty s(30)ervices days after the and of each fiscal quarter .
GDAC Agreement. mancehof the services specifiedr in f2i.1i and of f2t.2 and e above and the fureceipt of the areed nds received by the GDACfromdthe
City enditurr of
I the hotel tax i
3.5 Notice of Meetings. The GDAC shall give the City Manager
PAGE 4
II
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of the City advance written notice of the time and place of s of
f Dire general mgin t et sameDmanneraandoat thecsame.timeuc s nnotice otice
shall g be given
deemed tto require the GDAC to admitTthe
is iven of rovision hall unot bemeetin
p
City Manager to any executive session of the Executive Committee
of the GDAC.
iv. INDzMVICATION
4.1 Indemnification. The GDAC a Tees to indemnify, hold
harmless, and defend the City, its officers, agents, and employees
from and against any and all claims or suits for injuries= ge, out loss, or liability of whatever kind or h r ctha, GDAC of those
or in connection with the performance iacludin all such claims
tutional or statutory
services contemplated by this Agreement, consti incl
law, of action baled upon ° upon allegations of negligent
law, or based, in whole or in part, agents, sub-
contractors, licensees and Cinvits of itee icers, employees ,
V. TERM AND TERMINATION
5.1 Term. The term of this Agreement shell be for two (2) aidni ht on
years, commencing April It 1990 and terminating
March 31, 1992, or upon completion of e first atiPo ov f two hold
City Steen Plant, whichever event occurs
ever, notwithstanding any provision to the contrary this ggAgres-
u the meat shall terminate
March 31, 1992 or he pcompletionr ofe renovation eof the dOldh City
'
Steam Plant.
5.2 Ters+ination.
(a) This Agreement may be terminated by either party by
giving the other party one hundred eighty (180) days' advance
written notice. r
of the followinautomatically terminate upon the
(b) This Agreement
occurrence of any o
(i) The termination of the corporate existence
of the GDAC;
(ii) The insolvency of the GDAC, itheril gg volunf
a petition in bankruptcgor ean asstnmeat
by thy GDACnforuthe benefit of creditors;
or
PAGE S
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~o a V
The continuation of a breach of any of
the terms or conditions of this Agreement
by either party for more than thirty (30)
days after written notice of such breach
is given to the breaching party by the
other party.
VI. GENERAL PROVISIONS
6.1 Subcontract for Performance of Services. Nothing in this
Agreement shall prohibit, nor be construed to prohibit, the
agreement by the GDAC with another private entity, person, or
organization for the performance of those services described in
12.1 above. In the event that the GDAC enters into any arrange-
ment, contractual or otherwise, with such entity, person or or-
ganization, the GDAC shall cause such other entity, person, or
organization to adhere to, conform to, and be subject to all pro-
visions, terms, and conditions of this Agreement and TEX. TAX CODE
Chap. 331, including reporting requirements, separate funds main-
tenance, and limitations and prohibitions pertaining to expendi-
ture of the agreed payments and hotel tax funds.
6.2 Independent Contractor. The GDAC shall operate as an in-
dependent contractor as to all services to be performed under this
G Agreement and not as an officer, agent, servant, or employee of
the City. The GDAC shall have exclusive control of its opera-
tions and performance of services hereunder, and such persons,
entities, or organizations performing the sane and the GDAC shall
be solely responsible for the acts and omissions of its directors,
officers, employese, agents, and subcontractors. The GDAC shall
not be considered a partner or joint venturer with the City, nor
rhall the GDAC be considered nor in any manner hold itself out as
an agent or official representative of the City.
6.3 Notice. Any notice required to be given under this
AAg~reement or any statute, ordinance, or regulation, shall be
effective when given in writing and deposited in the United
Stater mail, certified mail, return receipt requested, addressed
to the respective parties as follows:
City; Greater Denton Arts Council
City Manager Executive Director
City of Denton Greater Denton Arts Council
215 E. McKinney 207 South Dell
Denton, TX 76201 Denton, TX 76201
6.4 Iourement. This Agreement and each provision hereof, and
each and every right, duty, obligation, and liability set forth
herein shall be binding upon and inure to the benefit and obli-
PAGE 6
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gation of the City and the GDAC and their respective successors
and assigns.
65 Application of Lave. All terms, conditions, and provi-
sions of this Agreement are subject to all applicable federal
laws, state laws, the Charter of the City of Denton, all ordi-
nances passes pursuant thereto, and all judicial determinations
relative thereto.
6.6 Exclusive Agreament. This Agreement contains the entire
understanding and constitutes the entire agreement between the
parties hereto concerning the subject matter contained herein.
There are no representations, agreements, arrangements, or under-
standings, oral or written, express or implied, between or among
the parties hereto, relating to the subject matter of this agree-
ment, which are not fully expressed herein. The terms and condi-
tions of this Agreement shall prevail notwithstanding any variance
in this Agreement from the terms and conditions of any other
document relating to this transaction or these transactions.
6.7 Duplicate Originals. This Agreement is executed in
duplicate originals.
6.8 Headings. The headings and subheadings of the various
sections and paragraphs of this Agreement are inserted merely for
the purpose of convenience and do not express or imply any limi-
tation, definition, or extension of the specific terms of the
section and paragraph so designated.
EXECUTED this day of 1940.
THE CITY OF DENTON, TEXAS
By:
Ray a ens, ayor
ATTEST: APPROVED AS TO LEGAL FORM:
By: By: e M")
"nn er a era, ra am ayov cT ;
City Secretary City Attor y
Y
PAGE 7
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GREATER DENT N ARTS COUNCIL
By: '
rt btebj
President
ATTEST:
By: i
eu
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ti
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M, Y; I S
X14/ ~`r ~ ± •4[
f PACE 8
F .'krrlJtS
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S
1
ATTACflMENP~B_~ o o/
r
AGREEMENT BETWEEN THE CITY 01 DENTON, T9XAS -
AND THE GREATER DENTON ARTS COUNCIL p q 13 o, 1 U~~
THIS AGREEMENT is made on this the I;, day of October, 1990,
between the City of Denton, Texas, a municipal corporation (the
"CITY"), and the Greater Denton Arts Council, a non-profit
corporation incorporated under the laws of the State of Texas (the
Ba~~TaLa
WHEREAS, the GDAC is a non-profit corporation dedicated to the
promotion and provision of artistic performances of all kinds for
the benefit of the citizens of Denton; and,
WHEREAS, the GOAO has executed a contract for the purchase of
real property, together with the improvements thereto, located at
20Q West Hickory, Denton, Texas, (the "Theater"), for the purposes
of restoring and refurbishing the Theater, through the use of
private [ands, and utilizing it to provide the citizens of Denton
with artistic performances and presentations of many kinds
including, but not limited to, music, theater, and dance; and,
WHEREAS, the GDAC has agreed to allow the CITY to use the
Theater for the purpose of holding public events, including public
meetings, events held in connection with the Denton Main Street
Project, and events sponsored by the CITY'S Parks and Recreation
Department; and,
WHEREAS, the City Council of the CITY finds that the GOACIS
performance of the terms of this Agreement will benefit CITY#$
citizens in a manner consistent with the type of benefits histori-
cally provided to citizens of municipal governments; and,
f
~J WHEREAS,'the Ono having agreed to refrain from requesting,
during the term of this Agreement, any extension or renewal of its
existing contract with the CITY for the payment of certain hotel
tax revenues collected by the CITY, or any other hotel tax revenues
for the purpose of restoring and refurbishing the Old Steam Plant;
NOW, THERitORE, in consideration of the performance of the
mutual covenants and promises contained herein, the CITY and the
GDAo agree and contract as follows.
r. COVMNAMTS OF GDAC
Ae Use of fresiisese GDAC agrees to use the premises for the
purposes of conducting meetings and other events (including fund
raisers) of its member organizations, and conducting artistic per-
formances, including any rehearsals thereof, for the benefit of the
citizens of Denton. CORC may also rent the Theater in accordance
with the terms contained herein.
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GDAC will not permit Theater to be used for any event or in any
manner which will violate City ordinances, for any unlawful or
commercial purpose, except in accordance with the terms of this
Agreement. GDAC shall adopt rules and regulations governing energy
conservation in the Theater and rental of the Theater, which shall
be approved by the CITY.
In the event QDAO should rent the facility to a non-member, non-
public organization or individual, GDAC shall notify CITY of such
rental in writing. In such event, CITY shall receive a credit
against its monthly payment obligations under Article 121. A. Each
such credit referred to in Article 111. A. as "utility rental
charge" shall be equal to one-thirtieth (1/70) of the amount of the
CITY'S obligation for the succeeding month.
8. City Use. GDAC agrees to permit the CITY, its agents,
officers and employees to utilize the Theater, without charge, for
the purpose of holding city-sponsored events, including city-
sponsored public meetings of any and all kind, events held in
connection with the Denton Main Street Project, and events
sponsored by the City's Parks and Recreation Department.
CITY agrees to comply with the scheduling requirements applicable
to GDACId member organizations and recognizes that it will not have
the right to preempt an event previously scheduled.
C. Additional Consideration.
1. GDAC agrees it will not request an extension or renewal
of its existing contract, authorized by ordinance 90-034 of the
city Council, or request additional payment of hotel tax
revenues to GDAC! for the purpose of renovating the Old Steam
Plant.
2. GDAC represents and warrants to CITY that it has not
expended any monies received from CITY*@ hotel tax revenues for
the acquisition 'of the Theater, and agrees that no such
revenues will be expended on the Theater during the term of
this Agreement.
1. wo agrees to recognize and acknowledge the financial
contributions of the CITY to GDAO in publicity literature
prepared and distributed by GDAC, including, but not limited
to, theater programs, press releases and pamphlets.
4, aw agrees to pay when due all utility bills, taxes,
licenses, permit tees, or any other fees rendered or levied
against the Theater.
5. GDAC agrees to work with CITY' to design and implement
programs which will further the public purposes of this Agree-
ment.
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rr. TERM
I'
The term of this Agreement shall be 'or twentY
commencing October 15, 1990, and terminating ~Eive (25) years,
September 30, 20150 provided however that if CITY ismidni
unable to
appropriate funds for subsequent fiscal years to continue the
funding provided for in Article III hereof, CITY may terminate this
Agreement at the and of the then current fiscal year and shall not
be obligated to make further payments under this Agreement. Eaclx
annual period of this Agreement shall commence on October 1 and
continue through September 30 of the succeeding year.
III. COVENANTS OF CITY
A. Utilities. Beginning October 1, 1991, and continuing
/ through the billing cycle for the period including September 30,
1993, CITY, in consideration of the services performed by GDAC,
agrees to reimburse GDAC monthly a sum calculated upon utility
services provided to the Theater by City of Denton Utilities and
Lane Star Gas Company based upon a fixed annual allotment of
electricity, water, solid waste volume and natural gas, as
reflected on Schedule "A", attached hereto and incorporated by
reference herein.
Should GDAC rant the facility, the CITY'S
monthly
payme
following the rental date shall be credited in an amount equal t
the utility rental charge as defined in Article I. A. equal to
Not later than May 31, 1993, GDAC shall meet with CITY'S
representatives and mutually agree to a schedule of utility
consumption to replace Schedule "A"
billing cycle after September 30, 1993C faor nthegr maindereofithe
term of this Agreement. The schedule shall be calculated based
upon the Theater's utility consumption during the
years. If the parties are unable to mutually agreemto ua now
schedule of consumption, the decision of the CITY shall be final.
B. Otber Payments. Commencing October 1, 1991, CITY shall
reimburse GDAO for expenditures made to
Theater. Such expenditures shall be reimburs d only ifr CITY has
approved reimbursement prior to the
During any annual period of this Agreement, c asset forth inrArticle
II., the CITY shall not pay to GDAC more than $5,000. It is agreed
that the CITY will not approve reimbursement for
expenses or expenses incurred to remove asbestos or other janitorial
hazardous
substances from the Theater premises. payments made under this
section are for the sole purpose of reimbursing GDAC for expenses
incurred in repairing or mending Theater fixtures.
The total sum of all amounts paid by CITY pursuant to section
III. A. through the billing cycles for the period including March
tions CITY
9set forth In a1 rticl• III• s.Ce By way of example Tit the obliga-
Y
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were to pay $13,000 to ODAC for utility services-
the
billing period including March 31, 1992, the CYTY18 obligations
pursuant to Article III B. would not commence until October, 1993
and the CITY would be obligated to pay not more than $2,000 during
the following year.
C. Energy Efficient Improvements. CITY recognizes that ODAC
may choose to invest a minimum of $75,0001 the first $25,000 of
which may be used for general repairs and improvements, for the
purpose of constructing major structural or equipment improvements
to the Theater which, in the opinion of the CITY: (1) are energy
efficient; or (2) will extend the life of the building for a number
of years,
Should GDAC expend $75,000 for improvements to the Theater, the
CITY'$ obligation under Article III B. shall be increased to
provide for approval of payment for expenses to repair the building
in an annual amount not more than $7,500 if:
1. GDAC has submitted the plans for each proposed improve-
ment included in the $75,000 sum to CITY:
2. CITY has determined that construction of each such im-
provement would meet the requirements of this section;
and
3. GDAC provides the CITY with proof of payment for con-
struction of each such improvement on or before September
30, 1993.
If any of the improvements constructed include goods donated or
services performed by individuals or organizations which are
engaged, in the normal course of business, in selling such goods or
Illl performing such services, one may submit proof of the donation of
such goods or services and an opinion as to their market value to
CITY. CITY shall then determine the market value of such goods or
services and shall apply said amount as a credit against the
$75,000 requirement.
IT* TsENINATION
A. Default. Should COW breach or fail to comply with any
provision of this Agreement, such breach shall constitute an Event
of Default on the part of COW. If an Event of Default occurs, the
CYTY shall give QUO thirty (30) days to remedy the breach. If the
breach continues after thirty (30) days, the CITY may terminate the
Agreement immediately upon written notice and shall not be
obligated to make any additional payment to GDAC. However, if the
breach cannot be cured within 30 days after notice, but GDAC has
undertaken, in good faith, to carry out a plan to .-.urs the breach,
and provides CITY with proof of such efforts made in carrying out
the plan, GDAC shall have additional time to complete said plan to
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cure the breach in accordance with the plan, as_a
CITY. ppr vad-by the
e. oaavailability of Funds. The payment of money by CITY under
this Agreement is contingent upon the availability of funds
appropriated to pay the sums pursuant to this Agreement. In the
event funds become unavailable due to non-appropriation, CITY may
notify GDAC in writing and terminate the Agreement.
Co Other Events. This Agreement shall automatically terminate
upon the occurrence of any of the following eventst (1) If the
Theater is damaged or destroyed by fire or other casualty to such
an extent that in the CITY+s opinion the continued operation and
use of the Theater is t,at feasiblet (2) The termination of the
corporate existence of GDACt (3) The insolvency of aDAC, the filing
of a petition in bankruptcy, either voluntary or involuntary, or an
assignment by GDAC for the benefit of creditors; or (4) The sale of
the Theater.
D. Termination by GDAC. GDAC may terminate this Agreement upon
30 days written notice to CITY.
V. REPORTS
GDAC shall furnish to the CITY a report of the services
performed by the GDAC under this Agreement within thirty (30) days
after the end of each fiscal quarter of this Agreement. Such
reports shall summarize the activities of the GDAC in performance
of the services specified in Article I and enumerate expenditures s
and receipts for the preceding quarter. GDAC shall also notify
CITY in the event any lien is filed against the Theater premises in
the Denton County Real Property.Records.
GDAC shall provide CITY and its Executive Director of Finance
or his designee with full access at all reasonable times to the
Theater and to the books and records of the GDAC which may relate
to the Theater.
VI. INDEIORFICATION
A. inde ificatiom. GDAC agrees to indemnify, hold harmless,
and defend the CITY, its officers, agents, and employees from and
against any and all claims or suits for injuries, damages, loss, or
liability of whatever kind or character, arisinq out of or in
connection with the performance by the GDAC of those services
contemplated by this Agreement, including all such claims or causes
of action based upon common, constitutional or statutory law, or
based, in whole or in part, upon allegations of negligent or
intentional acts of GDAC, its officers, employees, agents,
contractors, licensees and invitees.
E. Insurance. GDAC shall obtain and maintain general public
liability insurance in the amount of not less than 51,000,000.
PACE 5
G
Such policy or policies y~
transact buiness n the State of Texas a d she la nam• the CITY as
a
an additional insured. GOAC shall submit proof of such insurance
satisfactory to CITY. Any policy or policies must include 30 days
notice by carrier to the CITY of its intent to cancel, materially
change, or refuse to renew coverage provided. CITY reserves the
right to adjust or increase the liability amounts
required of GDAC, and GDAC agrees to most any ssuchCeinsurance
requirements as CITY may requires provided however, that any
requirements shall be commensurate with insurance requirements at
other public use theaters similar to the Theater, in size and in
scope of activities, located in Texas. GDAC agrees to comply with
all adjusted insurance requirements that the CITY may require
within sixty (60) days following the receipt of a notice in writing
from CITY stating the adjusted requirements.
C. Benefit. This Agreement is entered into for the benefit of
CITY and GDAC only and is not intended to benefit third parties.
VII. STATUS OF ?ARTIZS
It is understood and acknowledged by the parties that the
relationship of GOAC to CITY is that of an independent contractor.
GDAC shall have no authority to employ any person or employee or
agent for or on behalf of CITY for any purpose,
VIII. MISCSLLAN=OUS
A. Assignment. GDAC shall not assign this Agreement,
however, that GOAC may, subject to CITY+S writtea provided
execute
an agreement with one or more of its member agencies or
j representa-
tives thereof to manage the Theater.
Be Notice. Any notice required to be given under this
Agreement or any statute, ordinance, or regulation, shall be
effective when given in writing and deposited in the United states
mail, certified mail, return receipt requested, or by hand-
delivery, addressed to the respective parties as followsi
Yj Granter Denton A 12 r
_ auncils
city of agreir Executive Director
C
219 ity E. !(Denton Greater Denton Arts Council
Denton, Texas 76201 207 south Bell
Denton, Texas 76201
C. Application o! Lars. All terms, conditions, and provisions
of this Agreement are subject to all applicable federal laws, state f the pursuant thereto, and all judicial determination@ relative thirsted
etc.
Exclusive A constitutes tes This
the Agreement
understanding and
agreement. betwe n tthe
PAGE 6
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parties hereto concernino _
There are no representatins h agrsOmentstor u contained'
or written, express or p , betweenor nderetandin sertis
relating to the subject matter of this or among the g ' oral
fully expressed herein. The terms and conditionsnOf this Agreement Ag,
shall prevail notwithstanding an v hick are not
the terms of any other document relat
ariance in this A from
ing to this transaction.t This
Agreement shall not be changed or amended except by instrument in
writing executed by CITY and GDAC.
Neadings. The headings and subheadings Of the various
sections and paragraphs of this Agreement are inserted merely
the purpose of convenience and do not e any
limitation, definition, or extension of the specific rmsl ! the
section and paragraph so designated. te
P. Notice of xeetings.
advance written notice of ODAC shall give
the GDAC CITY's City Manager
the time and place of general meetings of
Board of Directors. Such notice shall be
same manner and at the same time as notice is
meetings to members Of the board. given in the
designee or any city City manager, Counoilmember may attend any given uch
which any matter relating to the , board or his
*ion. Theater is scheduled for discus-
a. Mondisoriaiaatioa.
applicable tederal, state andDlo aacjr*es
y fully with all
laws,tand ruPles and re lations
promulgated thereunder, regardinq nondiscrimination, qquu
aDAC agrees that no Sp•citiice o
other lull or ~ person shall be denied or refused service or
o
empl ant che full qual use of the licensed facilities, nor denied
yymm Opportunities by aoac as a result of race, craed, color,
ref ity, sex, national origin, age, or hand
ability. icap unrelated to
8. Nonveiver. The waiver by CITY of any broach
provision contained in this Agreement shall not be deemed to b a
of any
waiver of such provision for any subsequent breach o! the s
•
any other provision.
ame or
Z. Compliance with Lars. GDAC shall comply with all applicable
federal, state and local laws, rules and regulations.
Executed this the
day of
, 1990.
CITY OF DENTON
BOB CASTLEBERRY, MAY R
a
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY,
APPR D AS TO LEGAL FORM: ~ a ~ ~
DEBRA A. DRAYOVITCH, CITY ATTORNEY `
BYi
GREATER DENTON ARTS COUNCIL
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BY:
' till
E JOAN WHZELER, PRESIDENT ;
ATTEST:
BYi I
KENT j
SCHROEDER, SECRETARY 1
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SCEEDULE
I' II.
III.
Utility Service Annual Consumption Monthly Usage
Electricity 1800000 KWH consumption 150000 KWH
100 KWH
Water i Sewer 100400 gallons S o333 gallons i
Natural Gas 750 cubic feet 62.5 cubic feet {
on or before the 5th day of each month, CITY shall pay OD71C a sum equal
to the utility billing for the consumption of the utility services
enumerated in Column III.
The CITY shall pay all regular monthly charges from the City of Denton }
for removal of solid waste.
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jt\wpdoca\ord\historic.o 4
ORDINANCE NO. I D~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE PROPERTY
LOCATED AT 200 WEST HICKORY STREET AS A HISTORIC LANDMARK UNDER
SECTION 35-2150 ARTICLE V OF CHAPTER 35 OF THE CODE OR ORDINANCES;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF'; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Historic Landmark Commission and the Planning and
Zoning Commission of the City of Denton have recommended that the
property herein described be designated as a historic landmark in
the City of Denton; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the property located at 200 West Hickory
Street, being more particularly described in Exhibit A attached
hereto and incorporated herein by reference, is hereby designated
as a historic landmark under section 35-215, Article V of Chapter
35 of the Code of Ordinances of the City of Denton, Texas.
SECTION II. That said property herein described shall be
indicated upon the zoning map of the City of Denton as a historic
landmark by the letter °H", and the property herein described shall
be subject to all the terms, provisions and requirements of Section
35-2150 Article V of Chapter 35 of the Code of Ordinances of the
City of Denton, Texas, and such designation shall be in addition to
any other use designation established in the City's zoning
ordinance applicable to such property.
SECTION IIL That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION IV, That this ordinance shall become effective
fourteen (14) 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, the official
newspaper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the _/~eday of r 1993.
BOB CASTLEBERRY, HAYOR r
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ATTEST%
JENNIFER WALTERS, CITY SECRETARY
BY: t
{
APPR ?EV A TO LEGAL FORM: s
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY.
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TITA* RESOURCES CUAR,INTY COMPANY
ll•004705
LEGAL DESCRIPTION - CAMPUS THEATRE:,,, -0 O/
ExhLblt A lliiii
All that crrtnin tract or pnreel of land lying and being situated in the City Vn
and fnnrtty of Denton, State of Trxns, And being out of the William Neill
Sarvrq, Abatrnct No, 911, and being more particularly described as follows:
"ginning at the intersection of the North boundary line of Hickory Street
with thr West bcnntdary line of Cedar Street, acid beginning corner being the
Southeast cornor of Block No. 13, of the Original Town of Denton and being the
Southeast corner of Lot No. 3 of said block No. 13;
Thence West with the North boundary line of Hickory Street, passing at 42,0
feet the Southwest corner of said Block No. 13, and continuing a total
distance of 18.3 feet to a corner;
Thence North with the Ernst face of a 13 Inch brick wall, said wall being the
East wall of a brick building now occupied by the Lone Star Can Company, 160,0
feet to a corner;
Thence Enst, pAssing At 36.0 feet the West boundary line of said block No. 13 x
of thr OrIElnnt Town of Denton, continuing a total diatAnce of 78.0 feet to a
corner In the West boundary line of Cedar Street and the test boundary line of
Block ll; t
Thence Sntith with the East boundary line of Block 0 and the West boundary
line of Cednr Street, 160.0 feet to the place of beginning. R
NOTE: The Company to prohibited from insuring the area or quantity of the
IAnd described hrrrin. Any statement in the above legal description of the
area or quantity of land is not a representation that such fires or quantity
Is correct, but is mAde only for Informational and/or identification purposes t
And does trot overridr Item 2 of Schedule b hereof.
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