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Home My WebLink About04-05-1994 s'•aa nt rf r} I. 1 ,r I ii Y CITY COUNCIL AGENDA PACKET is 4/5/94 VIA, E_ . L{ti.. r t i bs y y 1 f u i 7 Agenda "'1, Agenda Item We 5-9 AGENDA /D CITY OF DENTON CITY COUNCIL April 5, 1994 Work Session of the City of Denton City Council on Tuesday, April 5, 1994 at 5:15 p.m, in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: r NOTE: Any item listed on the Agenda for the Work Session may also be considered as part of the Agenda for the Regular session. 5:15 p.m. 1. Executive Session: 4 A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Consider action in the matter of the appeal of the decision of the TNRC in the application of Bolivar r Water Supply Corporation for an amendment to CCN No. 1125781 Docket Nos. 9824-C and 9447-C of the Public Utilities commission. 2. Consider action in Gaffney and Pitts claims. 3. Consider action in Noel Wood claim. } B. Real Estate Under TEX. GOVT CODE Sec. 551.072 1. Discussion regarding property acquisition on Foster i j Road and Mayhill Road. II C. Personnel/Hoard Appointments Under TEX. GOVT CODE Sec. 551.074 2. Receive a report, hold a discussion and give staff direction regarding a City of Denton flag. E 3. Receive a report, hold a discussion and give staff direction regarding the draft Board of Adjustment ordinance. 4. Receive a report, hold a discussion and give staff direction regarding the allocation of hotel occupancy tax funds to match Certified Local Governments Program FY 1994 grant award. (The ':storic Landmark Commission recommends approval.) 5. Receive a report, hold a discussion and give staff direciton regarding Denton County Judge Jeff Moseley's request for a response regarding board membership on the Upper Trinity Regional Water District. 'r F ` tttl II l :r r, f k K,e ~endaNo 9 Aganaa~(grt~.~, C~!e_ City of Denton City Council Agenda a April 5, 1995 Page 2 Regular Meeting of the City of Denton City Council on Tuesday, April 51 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: 7:00 p.m. 1. Pledge of Allegiance 2. Consider approval of a resolution of appreciation for Billy Jack Johnson. 3. Receive a citizen report from Dessie Goodson regarding SPAN. 4. Public Hearings ! A. Hold a public hearing and consider two variances to Chapter 34-114 of the Code of Ordinances (Subdivision and Land Development Regulations) regarding alleys in the proposed Woodrow Addition. The 2.0015 acre site is located on the west side of Woodrow Lane, directly south of Morse Street. (The Planning and Zoning commission recommended approval of both variances on March 23, 1994, 5-2). 5. Consent Agenda + Each of these items is recommended by the staff and approval { thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his J designee to implement each item in accordance with the staff ity Council has received background information i and ~has had ean 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- up information is attached to the ordinances (Agenda items 6.A). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. Upon the receipt of a "request to speak" form from he y Cothe nsent Agenda. citizen rand be considered before approval Agenda; be removed . A. Bids and Purchase orders: 1. RFSP 11612 - Computer Equipment 4 4 kr}' + H ~gendaNo. qua ~gendalteirR, City of Denton city council Agenda ,te r 'gel April 5, 1995 0 Page 3 B. Plats and Replats 1. Consider the preliminary plat of Lots 1 through 9, Block A, Woodrow Addition. The 2.0015 acre site is located on the west side of Woodrow Lane, directly south of Morse Street. (The Planning and Zoning commission recommended approval at its meeting of March 23, 19940 7-0.) C. Tax Refunds 1. Consider approval of a tax refund to Numed, Inc. for $901.26. 2. Consider approval of a tax refund to Lomas Mortgage Co. for Frank R. Kemerer for $10362.33. 1 3. Consider approval of a tax refund to Verl C. Lybbert et al for $577.98. 4. Consider approval of a tax refund to Lawyers American Title for Karen C. Pepper for $604.12. 6. Ordinances A. Consider adoption of an ordinance accepting a competitive sealed proposal and awarding a contract for the purchase of materials, equipment, supplies or services (5.A.1. RFSP ,11612) B. Consider adoption of an ordinance amending portions of Chapter 18, Article II, Division 2 relating to truck routes; providing for the weight of vehicles used exclusively to transport ready-mix concrete; providing for certain routes for vehicles possessing a state-issued overweight permit; adding a portion of Prairie Street to the truck route; providing for a repeal of any ordinance in conflict therewith; providing for a severability provision; and providing for a penalty in the maximum amount of $200.00 for violations of the provisions hereof. (The Traffic Safety Commission recommends approval.) C. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Melvin Hartline to purchase property. ,r ,a., " i :i 1 w \ . r . E 7 AgeedaNo 1w City of Denton City Council Agenda Agandaltern U April 5, 1995 Date Page 4 D. Consider adoption of an ordinance naming the Leathers Playground at South Lakes Parks, "Eureka!" 7. Resolutions A. Consider approval of a resolution reappointing Lloyd V. Harrell and Rick Svehla, and appointing Kathy DuBose, Acting Executive Director for Finance, to the Board of Directors for the Denton Health Facilities Development Corporation, Inc. 8. Consider nominations to the Plumbing and Mechanical Code Board and the Keep Denton Beautiful Board. 9. Receive a Vision Update. 10. Miscellaneous matters from the city Manager. 11. Official Action on Executive Session Items% A. Legal Matterc B. Real Estate s' C. Personnel D. Board Appointments 12. New Business This item provides a section for Council Members to suggest items for future agendas. 13. Executive Sessions A. Legal Matters Under TEX. GOV'T CODE Soo. 551.071 B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOV'T CODE Sec. 551.074 NOTES THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. r~ F!I t f t ~acdaNo q - aaendal,A City of Denton City Council Agenda J91t April 5, 1995 - a;f~-5 Page 5 C E R T I F I C A T E i 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 , 1994 at o'clock (a.m.) (P.M.) i CITY SECRE'T'ARY { NOTE. THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE i CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 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. A0000IB7 Y ti Y f r r t } r C ITV COUNCI i 1 a~ -J Of o Q, 4 4 a e +ro N 1It Ct "drAND ApeadO NAG CITY of DENTON, TEXAS MUNICIPAL BUILDfNG / DENTON, TEXAS 76201 / TELEPHONE (817) 566-6307 Office of the Crty Manager MEMORANDUM TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE, April 1, 1994 t SUBJECT: City of Denton Flag Staff working in conjunction with the Mayor was asked to determine whether an official City of Denton Flag had ever been formally adopted. Following research into the official record and discussions with former Council members, no attempt had ever been made orporttirg the red, flag. white,/ and blue theme Staff of he vUnit a model inc ed States and State of Texas flags. Ray McLester of the Engineering Department designed the proposed flag which utilizes our existing City of Denton logo and includes themes of red, white, and blue. The flag as proposed would be 31 i by 51 and is composed of a poly dura material. The poly dura composition is stronger and. more durable than polyster, nylon, or cotton based flags. Additionally, "DENTON, TEXAS" would be placed L underneath the logo to be displayed promoninently and should be easily seen at a distance. The cost of producing an official CityQe and then a cost per would involve a set up charge tied to the color the ' of flags ordered. Based on an estimate obtained from a local i source by Purchasing (Attachment 1), the set up charge would be i approximately $120.00 to accommodate the red, white, and blue themes. In effect, we are charged for the red and blue colors to be used. i Depending upon the number of flags ordered, the cost ranges from $17.50 for 25 or more flags to $28.85 for 6 to 11 flags. The City i of Denton has 14 locations where flags can be displayed including the Denton Municipal Complex. Of the 14 locations, the City Hall, DMC, Library, Senior Center, Y LK Recreation Center, and Fire Stations 1, 31 5, and 6 could accommodate the new City flag. The remaining locations have flag poles that are too short for existing flags or need new poles. The cost to purchase flags for each of i the nine locations would be $28.85 each or $259.65. With the "Dedicated to Quality Senice" r A i ~genrfaNo -~Q--- AgendaH~.~~ as 3 additional $120 set up charge the total cost is approximately $400 excluding shipping and handling. Once Council designates and adopt3 the official flag, Staff would then ensure that the red, white, and blue logo is used throughout the City. That is, the logo will be used on all City of Denton equipment, material., supplies, and flags. Essentially, the logo would be placed on cars, trucks, signs, and any other equipment or material used by the City to provide services and in clear view of the public. Supplies includes stationery, business cards, and promotional materials. All existing stock of logos and supplies in the Warehouse would be used prior to implementing the new design. A color rendering of the proposed flag is included in your packet. f If Council approves, Staff can proceed to formally adopt the official flag and logo by ordinance at the next regularly scheduled meeting. i Please advise if I can provide additional information. RESPECTFULLY SUBMITTED: Lloyd V. Harrell j~ City Manager Prepared By: i Josep Portugal Assistant to the City Manager t. t: t , r ` 4 4 ; Y L „ , r ATTACHMENT L AgenOaNo AgenaaNe L~ite 3 3 CITY at wNTON, TdXAa PURCHASING DIVISION / 901.8 TEXAS STREET / DENTON. TEXAS 76201 TO; Joseph Portugal, Assistant to city M agar s FROM: Tom Shaw, Purchasing A ent DATE: February 3, 1994 s G SUBJECT: CITY OF DENTON FLAG ! t The pricing information you requested for a new city of Denton flag is listed below. f I have only contacted one local source for pricing. If it is decided to proceed we will check other sources but are probably going to be pretty close. 1 3' x 5' Poly Aura Exterior Flag 1 One time set up charge: First Color $75.00 Second Color $45.00 4 I 8 - 11 pieces $28.85 each + freight 12- 24 pieces $19.90 each + freight 25- 50 pieces $17.50 each + freight i Delivery is 4-5 weeks after receipt of order. We will need a "blueprint" or equal drawing giving exact dimensions and layout. Let . •Fl,i me know how to proceed. 9 tiot.wc 81766E-8311 D/fW METRO 267-0042 r 1 ~CITx CCUN( i 4tr • ' C~P 1 1 1 No (7091_ 016 Apertda~( Wle •r r r of'~ ~j DATE: April 5, 1994 CITY COUNCIL REPORT TO: Mayor and Members of the City Council rROM: Lloyd V. Harrell, City Manager SUBJECT: ZONING ORDINANCE AMENDMENT. RE: BOARD OF ADJUSTMENT. RECOMMENDATION: The zoning ordinance Task Force recommended this amend- ment in February, 1993. The Planning and zoning commis- sion recommended approval on February 9, 1994, (4-0). SUMMARY: The draft ordinance is an expansion end a reorganization for clarity purposes. The ordinance adds factors which should be taken into account for the termination by amortization of non-conforming uses. It allows the city to initiate a non-conforming termination case. It adds variance criteria and a six month time limit for the applicant to act on a granted variance. The draft k ordinance also makes clearer the distinction between j variances and special exceptions. The Board is enabled } to hear special exceptions for a change of use of a non- conforming structure to a more restrictive non-conforming use. I ~CKGROUND: The Zoning Ordinance Task Force recommended this provi- Sion in February, 1993. A separate ordinance for it was prepared in June, 1993, Review was delayed pending funding the zoning ordinance re-write. d P&Z on January 26th raised two concerns about terminating non-conforming uses (Section 35-48): 1) that any person could bring a termination case which 2) would always result in a termination. The ordinance before the Council, recommended by the t Planning and Zoning Commission on February 9, 19941 addresses those two concerns by: t X . F y aenaaNO 9H~ • ,uenda~te h r~tr ~ iZO~e( / could request a that only an e e 1) adding termination analysis; and with its prtiPerty 2) simply using the existing language right safeguarding terminology. This is the first section of the zoning ordinanca re- write which may be accomplished piecemeal. onuq'ZrS NT 0 GRC1°G FF~ EDt Finance, and (potentially) Board of Adjustment, Planning, nuisance prone non-conforming uses. rracAL IIS~BSr~' None. ,,,,,TENTS 1. Draft ordinance. 2, Existing section. 3. Non-conforming use elimination commentary. 4, other's regulations. P&z Minutes. Respectfully sut,mitted, F v `Loyd V. Ha roll, cit Manager Prepared by: 4kn. AICP xt3o ve Director of Planning Ex and Development _ i r,UOOSoe I AI } . r a u t j1\wPd0ce\ord\boa.ord gpndaNo 9y-e10 ATTACHMENT 1 +geadaIle k,le 30 4A ~ ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE II ENTITLED "BOARD OF ADJUSTMENT" OF CHAPTER 35 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING TO "ZONING" BY REPEALING SECTIONS 35-41 THROUGH 35-46 AND ADOPTING NEW SECTIONS 35-41 THROUGH 35-54 PROVIDING FOR THE ORGANI- ZATION, JURISDICTION AND RULES OF PROCEDURE FOR THE ZONING BOARD OF ADJUSTMENT; PROVIDING AN APPEAL PROCEDURE; PROVIDING FOR THE AMORTIZATION, TERMINATION, DISCONTINUATION AND RESTORATION OF NONCONFORMING USES AND STRUCTURES; PROVIDING FOR VARIANCES AND SPECIAL EXCEPTIONS; PROVIDING FOR JUDICIAL REVIEW OF BOARD DECISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF $2,OOD.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the present regulations relating to the Zoning Board of Adjustment are not easily understandable by citizens and Bevel- opera alike; and WHEREAS, the present regulations do not definitely describe the procedures for terminating nonconforming uses; and WHEREAS, the Planning and Zoning Commission has held a public hearing to consider the proposed amendments to tho Article of the r Zoning Ordinance relating to the Zoning Board of Adjustment on and recommends approval of these amendments to the city Counc12p and WHEREAS, the Zoning Board of Adjustment has reviewed these proposed amendments on and recommends approval of these amendments to the City Counc 1; and WHEREAS, the City Council of the City of Denton has held a public hearing to consider the adoption of this ordinance and finds the proposed amendments to Chapter 35 of the Code of ordinances to be reasonably related to the City's desire to make its ordinances more understandable to the general public and to increase the opportunities to terminate nonconforming uses and structures; NOW, THEREFORE, THE COUNCIL OF TAE CITY OF DENTON HEREBY ORDAINS: SECTION is That Chapter 35 of the Code of Ordinances relating to "Zoning" is hereby amended by repealing Sections 35-41 through 35-46 and adopting new Sections 35-41 through 35-54, so that here- after the same shall read as follows: 8*0. 3S-41. Organisation of Board of Adjustment. The Board of Adjustment (Board) shall consist of five (5) members, each to be appointed by the City Council for a staggered i - f a AA f~ ggendallem_ Q3te~ i p o'a term of two (2) years and removable for cause by the appointing authority, upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment was made. The city council shall appoint two (2) alternate members of the Board who shall serve in the absence of one or more of the regular members when requested to do so by the Mayor or City Manager, as the case may mi. All cases otbe heazd(4~ the Board will always be heard a appointed, shall serve for the members. The alternate members, when app same period as the regular members which is for a term of two (2) years, and any vacancy shall be filled in the same manner as for regular members, and shall be subject to removal in the same manner as the regular members. Sees 35-42. Jurisdiction of Board of Adjustment. 1 When in its judgment, the public convenience and welfare will be substantially served and the appropriate use tofe the ei maby ring Board property will not be substantially injured, and subject specific cases, after public notice and public hearing, to appropriate conditions and safeguards, act upon certain items, as identified below. (a) Appeals. The Board may: (1) Hear and decide appeals where it is alleged there is error on any order, requirement, decision or determination made by any officer in the enforcement of this ordinance; and of user of for e the interpreta- I (2) Hear and decide appeas tion tion as to the nature or type applicability p o e the determining the classification and app of this ordinance location as may be such parking standards, o any other regulations district applied to such use. (b) Nonconforming Uses and Structures. The Board may: (1) Evaluate and cause the termination of nonconforming uses after considering the actual investment in the structure(s). (2) Evaluate and consider the change of a nonconforming use to another nonconforming use. (3) Consider the replacement, renovation, remodeling or repair to nonconforming structure(s). (o) Variances - The Board may authorize in specific cases a variance from the terms of a zoning ordinance if the variance is conditions not contrar to the ublic interest and, due nforcement of the ordinance wouldtresultiin unnecessary a literal l e e hardship, and so that the spirit of the ordinance is observed and substantial justice is done. PAGE 2 r Y 4 agm*No Apodalt Oate_ 'S~-~,~ The board may hear and decide (d) Special Exceptions ordinance when the special exceptions to the terms of the zoning ordinance requires the board to do so. Boo. 35-43. Rules of Procedure; Keetingi Records. over 11 its proceedings ta) The Board shall adopt rules to g provided hosgavgrlawhat such rules are not inconsistent with this chapter (b) Meetings of the Board shall be held at thed all o the chairperson or at such other times as the Board may the acting (c) The chairperson, or in 1is or he el the attendance of chairperson, may administer oaths and comp witnesses. (d) All meetings of the board shall be open to the public. (e) showing The Board shall keep minutes of its proceedings, or if absent or failing keep a record of its exam- the vote of each member. upon each question, to vote indicating such fact, all of which shall be shall of be i public inations and other official actions, iately filed in the office of the Board and record. q members of the Board (f) The concurring vote Of four requirement, decision or to orderdecide in favor of the shall be necessary to reverse any order, determination of any officer, }red to act vathe rianceBoard this chapter. applicant on any matter upon which under this chapter or to cause any sec. 35-44. Notice of public usarings. public hearing on all applications and such ~l The Board shall hold a send appeals made thereto. It siand all others p ersons notice of who are public hearing to the applicant feet of the lying within two hundred 8200)1 or special owners of real property lication for variance, pp property on which the app given not less than ten exception is made. Such notice shall gto all owners of real (10) days before the date sea fears the the hearing st approved city tax property as the ownership depositing the same properly roll. Such notice may be served by addressed and postage paid in the United States Post Office- Notice time shall also be given by publishing the same at leas One ( )at least er of general circulation in the city of Denton notice shall ten (1a) days prior to the date of such hearing, wbich state the time and place of such hearing. W* 35-450 Appeals. Appeals to the Board can be taken by any person ( App de artment# or Board of the munici- t aggrieved, or by an offdecieion of any officer relative to the pality affected by any PAGE 3 tl~r~ .r.-.. k S /,v. rya enforcement of this ordinance. Such anneal shall be taken within fifteen (15) days time after the decision has been rendered by an officer, by filing with the officer from whom the appeal is taken and with the Board, a notice of appeal specifying the grounds thereof, and upon payment of a fee in an amount determined by the City Council. The board may waive such filing fee when it appears to the board that the particular property is adversely affected by circumstances created by the city, not the appellant, and that an exception to the zoning regulations be granted. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the records upon which the decision of the officer was based. (b) in exercising its powers, the Board may, in conformity with the provisions of TEX. LAC. GOVT CODE SS 211.001 through 211.013 as existing or hereafter amended, reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination appealed from and make order, requirement, decision or determination in the Board's opinion, as ought to be made and shall have all the powers of the officer from whom the appeal is taken. The Board shall have the power to impose reasonable conditions to be complied with by the applicant. (c) An appeal shall stay all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the Board, after the notice of appeal shall have been filed, that in his or her opinion such stay will cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown. Sao. 35-46. Limitations on appeal. No appeal to the Board shall be allowed prior to the expira- tion of six (6) months from a previous ruling by the Board on any appeal to such body unless other property in the immediate vicinity has within the said six (6) month period been changed or acted on by the Board or city Council so as to alter the facts and conditions upon which the previous Board action was based, as determined by the Board. Such change of circumstances shall permit the rehearing of an appeal by the Board prior to the expiration of a six (6) month period, but such conditions shall not have any force in law to compel the Board, after a hearing, to grant a sub- sequent appeal; such subsequent appeal shall be considered entirely r' on its merits and the peculiar and specific conditions related to the property on which the appeal is brought. Bea. 35-17. Remedies Available from an Appeal. At a public hearing relative to an appeal, any interested # party may appear before the Board in person or by agent or by attorney. The burden of proof shall be on the applicant to estab PAGE 4 y. A W 1 •'4 • kF 1 1 y: a ~enJz ~~o g~ C-A 2? D ,s U. C- 'i OT lish the necessary facts to warrant favorable action of the Board on any matter. Any action granting a variance authorizing the issuance of a building permit or Certificate of occupancy shall be valid only for a period of six (6) months from such action, unless said building permit or Certificate of Occupancy is secured in the air (6) month period, in which event the action shall be permanent. The Board shall have the authority to grant a longer period. If said building permit or Certificate of Occupancy is not secured within the six (6) months period, cr within any extended period granted by the Board, the action of the Board shall become void without prejudice to a subsequent appeal and such appeal shall be subject to the same regulations and requirements for hearing as herein specified for the original appeal. Sao 33-48. Nonconforming uses and structures. (a) Amortization of Nonconforming Uses. The.* Board ma,r require the discontinuance of nonconforming uses of land or structure under any plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood I and the necessity for all property to conform to the regulations of chapter. this actions land andstructure hr l lbe taken swith idue regard foro hen property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of property. The board shall, from time to time, on its own motion maintenance n, inquire any continuetion a aggrieved existence,l by the City or into o the cause nonconforming use within the city. (b) Termination of Nonconforming Uses. Before the Board may determine an amortization period, it must consider the following factors: (1) The owner's capital investment in the structures on the property at the time the use became nonconforming. (2) The amount of the investment e recovered to during date the the amount remaining, if any, ' amortization period. (3) The life expectancy of the investment. (4) The existence or nonexistence of lease obligations, as well as any contingency clauses therein permitting termination of such leases. (5) Removal costa that are directly attributable to the establishment of a termination date. (6) Other costs and expenses that are directly attribu- table to the establishment of a termination date. PAGE 5 " i k f S (c) Discontinuation of Nonconforming~tses = 4 tfa~ (1) if the board establishes a termination date for a nonconforming owner may not operate it aafterethato date unlessa and the it becomes a conforming use. (2) The right to operate a nonconforming use terminates if the nonconforming use is discontinued exceptioaca ttfos six months or more. The Board may grant an provision only if the owner can state an extreme circumstance uset even though there was not an was discontinued for six months or more. (3) A nonconforming use terminates when the structure housing the use is destroyed by the intentional act of the owner or his agent. Boca 35.49. Restoration of Nonconforming Use. The Board may authorize the reconstruction and occupancy of a nonconforming structure, or a structure containing a nonconforming use, where such structure has been damagery fi but rless other causes percent, than to the extent of more than fifty (50) total, of the replacement cost of the structure on the date of the damage. The structure must be restored or reconstructed so as to that it had approximate have the same destruction. The area priortotheadamage iheight property owner and floor has the burden of proof to establish the height and floor area of the structure immediately prior to the damage or destruction. A of this p restoration or reconstruction in violation immediately terminates the right to operate the nonco formingguse. Boca 35.50. Nonconforming structures. (a) A person may renovate, remodel, repair or rebuild a non- conforming structure without Board approval if the work does not increase the degree of nonconformity nor enlarge the nonconforming repairing la structure ordinances when ® renovating, remodeling or all housing a nonconforming use that has been approved by the Board. (b) The right. to rebuild a nonconforming structure terminates if the structure is destroyed by the intentional act of the owner or the owner's agent. if a nonconforming structure is damaged or destroyed other than by the intentional act of the owner or owner's agent by less than fifty (50) percent of the replacement cost of the structure on the rucure without Board approvals may restore or reconstruct the structure PAGE 6 `.k a 3 r f F ~en~laNo 40 Boo, 33-51. Variances. (a) A variance may be granted when the Board finds: (1) That there are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to land or buildings in the same zone or neighborhood, and that said circumstances or conditions are such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of such land or building; and (2) That the granting of such variance will not be detrimental to the public welfare or injurious to the property or improvements in such zone or neighborhood in which the property is located; and (3) That the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board is the minimum variance that will accomplish this purpose; and (4) That the literal enforcement and strict application of the provisions of this ordinance will result in an unnecessary hardship inconsit;tent with the general provisions and intent of this ordinance and that in granting such variance { the spirit of the ordinance will be preserved and substantial justice done. t (b) In granting any variance under the provisions of this Article, the Board may designate such conditions in connection ) therewith which, in its opinion, will secure substantially the purpose and intent of this ordinance. (c) The Board may permit such variance of the front yard, side yard, rear yard, lot width, lot depth, coverage, minimum setback standards and landscaping where the literal enforcement of these provisions would result in an unnecessary hardship, and where such variance is necessary to permit a specific parcel of land which differs from other parcels of land in the same district by being of such restricted area, shape or slope that it cannot be developed in a manner commensurate with the development permitted upon other parcels of land in the same district. h, (d) A variation from the standards established by this ordi- nance shall not be granted to relieve a self-created or personal hardship, nor for financial reason only, nor shall such modification be granted to permit any person a privilege in developing a parcel of land not permitted by this ordinance to other parcels of land in the district. i PAGE 7 1 ; j g i i Venda No 9 4gentlaltem~~ Sao. 35-52. opecial Exceptions. ~~O a y that: (a) A special exception may be grunted when the Board finds (1) the exception is in harmony with the ordinance; (2) the public welfare and convenience are substantially served; (3) neighboring property is not substantially injured; (4) exceptions will not alter essential character of the district and immediate location; and (5) the exception will not weaken the general purposes of the regulations. (b) In determining its finding, the Board shall take into account the character and use of adjoining buildings and those in the vicinity, the number of persons residing or working in such building or upon such land, traffic conditions in the vicinity, and conformance of such area to the Official Zoning Map and comprehen- sive plan. (c) In granting any special exception under the provisions of this ordinance, the Board may designate such conditions in connec- tion therewith which, in its opinion, will secure substantially the purpose and intent of this ordinance. (d) The Board may, after public hearing and subject to the conditions and safeguards herein contained, authorize special LJ exceptions to this ordinance, limited to the following: (1) The Board may allow a change from one nonconforming use to another nonconforming use when: (a) the change of the use does not prolong the life of the nonconforming use; and (b) the change of the use is to a more restrictive classification. When a nonconforming use is changed to a =i nonconforming use of a more restrictive classification, the building or structure containing such nonconforming use shall not later be reverted to the former lower or leas restricted classification. The Board may establish a specific period of time for the conversion of the occupancy to a conforming use. s: (2) A person shall comply with all applicable codes and ordinances when renovating, remodeling or repairing a structure housing a nonconforming use that has been approved by the Board. PAGE 8 Agendaw q Agendaite Dale Vol a7 (3) A person shall not expand a nonconforming use beyond the lot on which the use is located except the Board may permit the person to provide off-street parking or loading spaces on another lot. Geo. 35-33. signs. The provisions of this Article shall not apply to the regula- tion of signs. Appeals, variances and special exceptions involving signs shall be heard by the Sign Board of App Geo. 35-54. Judicial RaVIOW Of Board Deoision. i 3 as i amended. be in accordance with . Judicial CODE S 211oOll, decision TEX SECTION III That if any section, subsection, paragraph, sen- cation tence, clause, phrase or word in this ordinance, or applicourt an thereof to any person or circumstance is helshallalnot b affect the of competent jurisdiction, such holding validity of the remaining portions of this ordinance, and the City a Council of the City of Denton, Texas hereby declares it would have } enacted such remaining portions despite any such invalidity. T OI _I." That any person who shall violate any provision SEC of this ordinance, or fails to comply therewith or with any require- ments thereof, or a permit or certificate issued thereunder, shall ! be guilty of a misdemeanor punishable by a fine not exceeding Two t Thousand Dollars ($2,000.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committedi such violations such person or continued and upon punished within conviction the t limits nnbyove shall be pun =10 -ILL That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to b published the City of Denton, Texas, within tene(io) days of the date of pits passage. PASSED AND APPROVED this the - day of 1994. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: PAGE 9 } •4 , f w f 4.rt.:. R"L f tgendaNo-4I9. Agendalteon iwS .3-- a~i?e APPROVED AS TO LEGAL CITY'A'fTOR11EY a~ DEBRA A. DRAYOVITCH# 1 ^ (ct BY: L i 1 1 t ' r l A r. it y f, . r ~r y 4.r ad v ky.eM a r ` it a {7{k4 Ar Y~+ 4 ! 4}i I I i j PAGE 10 ~O. 1 aya µ l f . . 1 "daNa qq- C ATTACHMENT 2 4flandaltert~~~° DENTON COD& Oats ~ 3!.•16 L1~ of r soning commission, may by rr.4 WRY vow authority the Issuance of a buildinj permit or oerti6ute of occupancy or may disapprove the application. lord. No. 69.1, 11(App. B. Art. 6),1.14.69) Secs. 35.14-35.40. Reserved. ARTICf.R 11. BOARD OF ADdU81?U4T• Sec. 35.41. Created; terms; vacancies. RT There is hereby created a baud of adjustment consisting of five t6I members, each to be appointed by the city council for staggered terms of two (2) years and removable for cause by the appointing authority upon written charges and after public hearing. Vacancles shrill be filled for the unexpired term of any member whose place becomes vacant for any cause, In the same manner as the original appointment was made. Each member reappointed or each new appointee snail serve for a full term of tw appoint ) twyears unless removed as provided o elterna a mess hers tLa board i of adjust. )lowever„ that tf city council may ment who shall serve in the absence of one 11) or msoole of the regu &r e bear bers byen r due t of the I an to do so by the city manager, ss the case may be, adjustment will always be heard by a minimum number tbe(4regulu ) members Thebersalternate chi h is members, when appointed, shall serve for the same period for a term of two (21 years, and any vscancy shall be filled in the same manner and 6CY A8.11 be subject to removal the same as the regular members. (Ord. No. 69.1,1)(App. B, Art. 23Ab 1.14.69) I Sea 35.49. Rules of procedure; meetings records. provided, howyver, The board of adjustment shall adopt rules tc govern its proceedings; p that such rules arc not Inconsistent with Wit chapter or statutes of the state. Meetings of 4 beard shall be held at the call of the chairmen and a~>~~ ice the bosrd may and determine the R The chairman { his Al mee~~ fir If chairm 06ths compel attendance of witnesses. of the board shill be op ea tv !be public The bond shall keep minutes of its proceedings, showing the vow of each member upon each question or it absent or failing to vote Indicating such fact, and shall keep records of its examinations and other official actions, all of which shell be immediately filed in the office of the board and aball be a public record. (Ord. No. 69.1,1 i(App• B, Art. 23B), 1.14.69) N Sec. 36.45. Special exceptions. When to ill Judgment, Gtie public con ~enlence and not ill be substantorllpermanenarrA substanally the spFroprists use of the nelghbortng Property boards and comailasions, l 14,16. ` .Charter references-Booed of adjustment,l 10.07; Cross reference-Bouds, commiulons and committees, 1241 et vjq• 2b02 p r s t• r 4~c,~,,~ trm Yv 5 i Sf)il ZONINO Injured, the board of adjustment may, in specific cases alter public notloe and public hearing and subject to appropriate conditions and safeguards, authorite the following special excep• lions to the regulations established in this chapter: (1) Permit the reconstruction, extension or enlargement of a building occupied by a nonconforming use on the lot or tract occupied by such building, provided such re- construction does not prevent the return of such property to a conforming; use and permit the expansion of off-street parking or oft-street loading for a nonconforming use; (2) Permit such modifications of theWgbk yard, area, coverage and parking regulations as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restrKed area, shape or slope that it cannot be appropriately developed without such modification; (3) Require the discontinuance of nonconforming uses of land or structure under any plan wheteby the full value of the structure and facilities can be arnorthed within a definite period of time, taking into consideration the general character of the neigh. boyhood and the necessity ror all property to oonform to the regulations of this chapter. All actions to discontinue a nonconforming use of land and structure shall be taken with due regard for the properly rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of property. The board shell, from time to time, on its own motion or upon cause Presented by Interested property owners, inquire into the existence, continuation or meintenanoe of any non. conforming use within the city. tOrd. No. 69.1,11(App. B, Art. 231)),1.14.69) Sec. $544. Appeals. fat Appeals to the board of adjustment can be taken by any person aggrieved or by an officer, department or board of the munleipality affected by the decision of the building offkdal. Such appeal shall be taken within fifteen 1161 days alter the decialo taken bftn and rendered by the the board building official by filing with the officer from whom the appeal t of adjustment a notice or appeal specifying the grounds thereof. Such notice of appeal shall be accompanied by a flung fee In an amount established by the city sou nctl and on file to the office of the city secretary; provided, however, that the bo a e may ves such cM~~iewhen appears to the board that the particular property i adversely sted by the city, not by the appellant, and that a special exception to the :oning regulations be granted. The officer from whom the appeal to taken shall forthwith transmit to the board i all the papers Constituting the record upon which the decision of the officer was based. l tb) An appeal shell stay all proceedings of the action appealed fro,iA unless the onictr from whom the appeal is taken certifies to the board oradjustment, after the notice ofappeal shall Inuucch i me, proceedings shall not would, opinion, be stayed, have cause Imminent Peru tolife reason t ' euyo W. t 2603 eF t F , 0°^daP~o 41~4j~ - 4 3544 DENTON CODE otherwise than by a restraining order which may ba granted by the board of adjustment or by acourtof record on application and notice to the officer from whom the appeal is taken and due cause shown. (d The board of adjustment shall fix a reasonable time for the hearing of an appeal, give the public notice thereof by posting such notice In the mail addressed to all owners of real property located within two hundred (200) feet of the properly on which the appeal Is made and publishing collet of euc aat legasIn the ofildal t ten (10) days piora to the dais sett for p the hearing. pon published notice shall be given the hearing, any party may appear in person or by attorney or by agent. (Ord. No. 69.1,11(App. 9, Art. 23C),1.14.69; Ord. No. $1.88, 11, 9-I&SI) Sea. 36.45. Actions of Ibe board. with the i• ■ (a) In exercising its powers, the board of adjustment may, In conformity prov ,wholly sionsof V.T.CA.,LocalGovernmentCode it 211,001 decision or determine v eor reform from and or partly, or me, ,nodify the order, req , &Ue make such order, requirement, decision or determination including the pow r to impose the powers of the officer from whom the appeal reasonable conditions to be complied with by the applicant. (b) The concurring vote of four (4) members of the bo vd shall be necessary to reviw any order, requirement, decision or determination of the building o(ilcial, or to decide In favor of the applicant on any matter upon which it Is required to pass under this chapter or to affect any verianee in this chapter. (c) Any persons, Jointly or severally, aggrieved by any decision o'theboard of adjustment t ; or any taxpayer or any officer, department or board of the munleipafity may present to a wur: ! y of record a pe!'-tion, duly verMed, setting forth that such decision is illegal, in whole or part, specifying the grounds c1 the illegality. Sueb petition shall be presented to the courtwitbin ten ! (10) days alter the filing of the decision in the office of the board and not thertafler. (Ord. No. 69.1,11(APp• 9, Art. 23E),1.14.69) "J Sea $5.46, SIP& The provision of this article shall not apply to there gulstion of dgns. Appeal a, variances and special exceptions Involving sigru shall be heard by the sign board of appeals. (Ord. No. 9'0.162,11X.11.20-94) Cross reference-Sign board of appeale,133.6(a). gets. 86.47-36.66, Reserved. ARTICLE Ill. AREA. MIGHT AND USE REGULATIONS DIVISION I. GENERALLY See. 85.46. epeelal area and use regulatlona. j W 5ep4rdiona•'lhere shall b` o balconies, of twenty fee However, rows us d u m lti• rniftirourn family dwelungs, including annoy twvr' me. 1 2504 /3. 3_ Commentary AM'fA~1l1AxN2 Elimination of zoning ts athe:ontoturr board's authority dock time pret the ord ordinanee'!n ttemptsloturnb+c4 thecbcklo tNr.e when the use could lave Co found lawful. This hat not ~r ( ~Voneonformi iesr been effective generally. Even 9it were, the governingbcdy still had requirements of various permEts such As the ct:hh- The Case of Voluntary Cate of occupancy, failure to obtain the required additional "`J permit prior to the passage of the ordirarce automatically Discontinuance rendered the use unlawful and, thus, unable to meet the nonconforming use requirements. Set Talon of Scituale V. O'Rourke, 239 A 2d 176,18018.1.1968), 20 ZO 265. To demonstrate adequate existing use, the landowner must By Erie J. Strauss and Mary M. Giese show nonconformance L1 a'reasonably substantial man- ner,'a as measured by actual, not contemplated use. See Nonconformingusearose as an issue from thee sdicstzoning Helicopter Assoc. o. City of Stamford, 519 ~ ever, 6 Bonn goposals,becaoseforeach t,oningclass&.odonestablished 1986), 39 ZD 227. Some Nrisdiction3, dequale Indwde an acre uses existed which were tint philosophy with the ed invtes men t In a prpotf ectanott completed before passage of tithe that such uses wee to be eliminated over time, and legislt• ordinanct.'ihe rationale Is that at sorne point" the cane s accomlish Investment is constitut that purrpose.7his ar~tsiclenexam(nesone lof thoseo approaches, ncncorforml~g use enWhen a ccha ge in use occurred subse-ement volun" discontinuance, in light of varying legislative and quest to the passage of the ord clan ae,terl a the news cast was judicial interpretations, in an attempt to provide a guide for or a than a in type of use, allomeys and planners to determine the circumstances u,n• u~ toe2tP nitlhedate IIheo]tattoth enonconforming der which a court might find abandonment. The concept of nonconformance is also divided into two DEFINING NONCONFORMING USES additional types, nonconforming structure and nonconform- Ahedef(nitionofnonconforming usehasevolved trom,general i ing lot. veagstructure is buildIngthaIdo snot WspdardStawith eZlocal Enabling A dd y with of co eqi $IendudSlsleZor&gning ARd0e y not eyprnslyaddrr~s plicabletonewstructuress+'ithtnthesameaoningdistrict. is diffem fr footage rr the concept of nonoonlormtn$use, butme, stions o yard cards- no co ovemm , lot tCot lass to mlecl 11aThsquare napc",5b to the ordinance. Subseau t rtancxsbolted'utttlyandthrough~dtd+lintesprelation,'have quire men's.! Id. u~~ythe sa me of onconformltiessubpse•~uocnt Ikshcdouttheconcept, which canbedefineclas.t elawful use phy +PPY types of a yuD 4or premises, edsting at the time of the adoption or 6.G ~r ON ew Ortunr v.v.flFLnna,14$So.85o. 2d rTJ, 776 N C4 App. 14661, aantodmentofazoning ordinance, althoughsuchuse oesnot coed,~g 626t" conform to the prov ris of the ordtnarsce.' See Wes STAT. S 6223f1><tJ (1988). 7.Townd Dirty v, SirwAsm 380 A ]d 1101.1163 NR 19M. j Courts have elaborated on this defaOiong as use it at relates time to two of the elements, lawful use and existln 6. Towruhlp of Fnnlpo't v, >tat°,146 N.W. 2d IN D" R App. it j the ordinance Is enacted. Lawful use ho been analyzed not t%7),1923) tree J o(n terms of 6e or..r+nce but also whether the use _ as pas eclother requ ue Stott 113 AN 893 Nd.Icecordinam r1, deAW, 15k Claciouruu Cowry . Hama. Us Pld 190 tm latter v.lvloom 350 passad. (1955). Gq g can am up additional facion lndvdin pnd la h rod`'a• peon beg~g i . u whe d rte vlownert' acts rt+a ataw Ue8of te dWna$retracb~ve Application nuof tlu toro of mere pmpandons.ld, x1193. Fr1c j. Strauu b as prdasot and Clint. Gradate PrCVM to Urixn t0, This wid be determ{ned a m Lined Woo a case by ase bash t FWV&& University a Kan" Eowaen N. MUM IL, Ilxnaoer, Ten Uw or KAwa+e AND Zorme6. 51,02 11991) Mary M.Ghset+apractidngaturrnylnC4t~e.lGnsu• !i 1. Id. Section 7, whkh grants authortly to a toard of ad)usunent 'a 11. Coco a this to aec say use wNd does not create a vested ri`la an+ke $pe a! neepetons 10 N lemud the ord'w+re U harmony with Ib to ~n~-V& `ux. SIOLa V. Lonof ttuard of Adl ntn+en4 167 k 2d 8 Pwpo`ie anti Intent. does not apppprrra to d r.ttnsh a n6mwor• 316,311 0'a 1%15,13 TA I%. trey from a variance ea!tp1 b 8ise tN cttai+tor panting the variance. t L ..ef We v Cry d 1't,oenix, 751 P. U 1366,1371 lArlr. n A A2ra+5.4Sb7x,err,4-6dOlro0Iarunu.y1969)flmPlieltLb2mpBed0 ~'71, Oa a)~ uttcriry)•tf.U+otctx 1966),0 DI.CturuierIsAweuminrd d Ito "anise amssory«prlndpaLwiththeroensory ItfoOrnvswlaracres+otyuSICOUIdMrtthe:+bea',,1atf,ebasilixa ,C i Sets f,UrnaxL K w.,Coa f 2P13011t9861. VW Pd W. In Knowlton v. 6towrsVma Paris b dut, 260 S Ltd M 1*31(va. Ism. 4 k. r S. flank DurlJrs Lumiet Co. V4 Tit:slwnaN,141 A, W, SS6 13. Mom Un Vco. Cow mminentaty at 163 (proposed offkW droll Pl J.19t4), L Ferris v.Clty of tan Vega 1.620 P2d 164. W Nrv.19601. 19751. ~r . - Land Use Law }use 1993 3 0 Commen"r to pas"ge of a zoning ordinance with whkh they do not present At the time toning laws lrere passed an have the eom~!y. 14 same effect it allowed to expand 1,, an uncontroned fasWor, Dtfiicultits In defining nonconformance occur due to a Therefore,thtgoaldzoningcanltaceomplishedonly tothe numberof factors. SeeMooct.LAND Dcv.Cooecommenl+ryat exlent0AIIncompstitle uses weeeIImhuttd, 167(proposecloff(fatdraft 1975)•Detemilningthe exact time Mause the Constitution requires that landowners, rights a use, lot, or structure becomes nonconforming is problem- be balanced with the good of a community," the nonoon- Atieinsituationsinwhichquestionsariceregardingwhenan forming use was net eliminatr:d ImmedWely, but was &I. ordinance becomes valid'sor in situations where a business lowed tocontinue in 1`s exisdrg form indefinitely, althou h expands gradually, either spatially or through Qroduciion without expansion. Tt.e compromise struck was that the volume. e.g.,Staktp,Phoenir,754P.2d1368(Anz.Ct.App. corununuh- rorfeiled immedlate phase-out In exchange for 1988),41ZD1.UseIntensificationcanaffect theclass ifiulion the that the usewould bephased outeventually. Independently of time, because it may be seen as an exttp Unfortunately, nonconformngg uses were not phased out tion to the rule that expansion of nonconforming uses will because the reslriction on the develoQment of simile uses in the area created a virtual monopo,y, whch allowed the not be allowed:4Achange ofuseoften raises the question of whether the site conlinuestobelawfullyynonconforming.Sce no" Atorming use to ficurish. See Note, Amorfiulion of e.g., lkrby Refiniq Co. 9. City c/Chelso, 5% N,E,2d SM (Mass, Property UsesNofConformingtoZoninSPrgurafions,9U.Chi. 1). Evtn site regulations can create a problem in defining L. Rev. 479 (1942). nonconformities because old construction may not meet cur- rent Setback, parking, or other requlrements.See Mom Lnw Methodsof£IIminatingNonronform[tic a Div. Coot commentary at 167 (proposed official draft 1975). The courts and local governments developed doctrines to Moreover, the reverse situation, In which a partial cessa• increase the likelihood that nonconforredHes wou'd be elind- tion has occurred, creates a problem in determining at what noted. One direct approach was eminent domain, the del- ppoolntthe nonconforminguse Itself islost Seet.g., Sfuckman V. egated power to take private property for public purposes, 1CoscviZ County 8d. of Zonfng App., 506 N.E 2d 1079 (Ind, provided fair compensaticn is made. See ) .S. Young, City 1987), 38 ZO 318. The degree or structural deterioration can Planning and Restrictions on the Useof PrcM1y,9 Minn. L. Rev. be diff1rult to Assess in detersni:dng whether to allow the 521 (1925). A community had to demomorale that U.e land owner to rebuild as nonconforming a The difficulty of con- was taken for A. pubbc purpose, however, and had to p,ty the version to a conforming use is also a factor i.% determining owner a fair price for doing so. fd at 532. Communities Also whether a valid nonconformity exists. A final factor creating found it difficult to obtain a ulsition funds to eliminalt an difficulties for some paaies is distinguishing a nonconform- Increasing number of nonconforming uses. Supra 9 U. Chr. L ing use from a variance." Rev. at 480. Amortization was developed as a solution to tie problem ELIMINATION OF NONCONFORMI LIES of communities having topay for property. Under this schew, Policy Rationales for Elimination a time period is defined during which the owner may con " The philosophy beh ndeliminationofnonconformingusesis tinue the nonconforming use. So Ziegler, supra note to, y closely related to the purposes of toning. Zoning laws were 51.09 At 51.165. At the end of the time the owner forfeits the implemented to protect classes of development from en- use. M.Courts that hadpreviously uphetdmurlkipalregula- eroachment by undesirable uses that could lower property bossggloinggcommunities the authority lo+botishum which values or increase hazards for residents. Set F. Williams, The sigtnifiundy effected "public health, safety or morals"70 also I imnofCity ZonirgandPlann(ng199(1922).Those uses already upheld Amortization provisions.Seerg.,Edntondso.LosAre- l J 14 The nor=Jorming pm)m could be an additlrwl dh-Wm The $eles County, 255 P2d 7T2 (Cod. 1953), 5 ZD 133. Some courts nonco4xmtng project is defined as •any Structure, development or refused to approve thecoA"pt,unlessexpress authority was undettakb%OvAistarom Ieteat theeff"vedate d;theordinatueland granted to the municipality by the state" or the provision would be inwAsisitm with any teguladw appilable to the district In Itself hods fermrds that accurately determined the degree to which It is Ir.oted ' h(ro«a It Ilxouas, A th,vrm DavuorAw which the Invektrnenta was recouped over time.11 Oxovc,vaa 61 (19111)• Sat $be told 17.19 and scm..npanytAt bV4 An Aanorfiza tion theory I ends to break down In more complex addltiondcAtgory,ndrelevant hem,isthenamdormiag516% situations involving large structures or multifaceted uses 1S. Tow.%d Derry v, SlmoruM 360 A2d 1101 09M because of" d0ficvlty of determining and accounting for all 16. Mts v. the factors, Land without structures, or signs and billboards d xn ;is at nj in nefavsle the 4t exn dpGw at that a taw 6p7S ~otu (Pa~itin1991), 44 g an an increase ZD aesse M. The in the 19, Set dirauslon ur,des heading of 'Court Apprwct,ea: Viuoro9tu- number of transactions of the noNonfom+b it use would be dituh to tlorAiOrdbunecs.' esdome. eA i m%4&v WauAm%)L, Ar AKM LAND Ruaro+c LAW S 11306 a 1165 (19tat. 20. f/, at St•163. 17.Ord6unenoften proMedvasbulum4ettroyedtxyondastated 21,7sec.ax.foxncat10,S51A9at51.10Ms. peaeentagt may red be rebu0t Ste We 24. The percen4`e of desbucli n wyy be measued In relation b marten value a Square foouge, either d 22 N.Ind the value oftht r< t omntsnue the ronconlor nlenl in the whkhunbedUfic~htoastesar~thratslnly. cproperty ud dalettnIne v.hkh~sumard 6 appropriate when applying Ia. A variance, once panted, mdus a pmious or intended use s m4twtutiorw OtO AM Mes 10 A Pftw don. conforming sae and foe that naaon Awsf red offend the sptrM dthe:oNrg tsrdinanee. A rrnronlormlr` tau odds ty d Scar a corvo" v. M. U. N 51•16S (War hctoss by w1Jch a provtson Is upheld as old Muffler Kink, Inc, S6s AM= a. coonmw. ~t 1969), $pp• a~s0s^'~"d~lenstAr su ont1xswroul%d a rt~1 ed nJ~ MAN 42fAIM J 4 June 1Q93 Land use (caw k,l p 1/-S- 0A _ ^y _commentary _ art the mostcondvcive to app1lcatlon of amord"Ikn provl- ~A fourth approach to the elimination of noncoraforming sbtu. See D. Mandelker,1Aeft Ux law, 9 S.6S at 192.93. uses has been to llmlt any es ceptiotu 10 the toning require- A third rrwhod of eliminating nonconfolming uses has mentsthrooghrestdctioruonvariances,"speialexaption+'' been tolimltwnslruction on the premises tonuiN+nance of and Issuance of permits," all of which allow owners to opt, the structure existing at the time the zoning charge created ate In ways that would otherwise violate zoning require- the noctconfonnance. This can be done in several ways. For menu. Of 'en the ability to restrict variances depends upon example, an ordinance could disallow any uconstrvction of the state enabling statute as well as the local ordinance structures damaged or destroyed through some kind of di- p, ovislona, See, Reynolds, footnote 29, at 1. sastersuch atfire orflood. SupdhamEsp;Knadf,fnc.v.Vilrrge The toning authority always has some discretion in grant- of F(fhamMana,%5N.E.2d5MIN,Y.App. 199602ZD204. log variances because It determines whether the facts are A similar appioach occurs wheie an ordinance may dellne a sufficient to warrant the departuefrom the old inance.Board s tci lcpercenlageofdestructionwhichconstitutessutontatic discretion in granting special permits, however, varies ac• a~ndonmenlbysquarefootageorbyassessed market value." cording to the authc city granted In the ordinance Itself," so Tlsesamety oflimitationcanbeaceomp)isheitoalessu song astheueraUswithin those p:.rmittedunder theordinance" exftrill by rest Acting the time in which reconsIructioncan be Fifth, the legislative body could refuse to grant requests for Wbated."Courts instatessuthas North DaI.ota, exat and spot zoning that create helcicgeneous uses in otherwise Rhode Island rely uQ~n the gVnee~s Intent N abando as an essential element of this limitation. lrbm courts ind thin be expended), Helicopter Aswc. v.01)f of Stamford, $19 A 2d 49(Conn. approach problematic- In distinguishing the owner's tnten• 19M),t9ZV222,VNues&jpermilformoretKWWeIf4htstndxanve lion to abandon the nonconforming use from situations be- oluna'ePublee,r+nsbnolronronfarh11M sel;late v.City dPhmnlx. )54P2dI368l ALCt.App19M,411 201,finaeasaioutdooruv.cfland yorod his control to which he is forced to abandon the use, brytantnurxrywuusucclubleeip mlonl BututZ*clu v.Zcningbd. 1Tseie courts tend to uphold the owner's right to resume the of APP„ 589 A2d 3S1(Corso 991) nena5e hum three toll radio anteruuae ng Supreme to lump both Aid 675 (PPa.1991)0NW293~4~1cifi t eee oBn,wal a spa scion to down an ordinance Rhde aIsla.id uphold change from sandwich slop to Nll-wrvke pu.ra restaurant as has~strrthe uccklatter s1f<aatiorutogelher.SeeM.B.T.ConsfrvrfianCory.v.Edwards, ramblenl%+ nonconforsntr,Buse),Derby RcRningeo.v.CityoKTelwo. S23 A.2d 336 (R.I.1987), 40 ZD 213. A related approach has W N E 2d $34 (Mom 1990) Ich+nge from of storage to Ilqquld asptalt been to require construction on + project partially completed storage was not a substantial extensiondnonconformamli set. when the zoning change Is effected, wh'kh makes the project 29 variancr is defined a •perisdss on g vm a property ovmer b depart nonconforming, to be completed in a lirnely manner. See from zoning nquirtments try constrwting or malntainin` a building or footnoles9.11 and accompanyingtext. structure, or establishing or malnulidng a use of lard not normally Sri irlucedHarCsafpl- A more common method to lirtut construction is to curtail allowed by the applicable taws.' O Reynolds, Jr, enlargement of the physical premises." This Is expressly vu'vw 1ormcee81.AvaIl ~bHr~'NoOrwBu~«~J"8 th?.2, ntedby IN writleninto zoningordinanors+ndl+asbeantrequertlYUp Provided the. clementsorNsulesutuieorlocalordlrrrcvart metll+est InvdveaaMwirSo(umecessaryl+rdsldp,lhalaressonabkmumhnot 1 held by courts as In the Casa of Sluckmart referred to above. Limilationsonex nsioningeneralhavebrenlesseffective possblewitrout,tthat awow'neespast,tlsunlaueandnac'uetugerKral because courts differ so greadyondeCmitionandweighingof PWg~>e u~`eana.ni "tg Duna t„d,Te vvariance will arl'ew'sluvebcen otter facto rconstitutingexpansion' added in somes'rtes.lncludingr avrientsrha,Nevariancewinbethe ffff minlmum N I can be granted to s fiord rttkf and will rat be dehirtxnta) to 21 Stir,e8,LA*wrmK".Com520-130 09M)taAry...bafldin8... ~publkwells re.Id. dcaoS~om+ed by fire. AoA axP1aIM wind, eaN'4ua4e, war, riot or other N or Act of God la esW be restored or reco^sb"eted or used u 30. We] exceprkxa allow owren to add structures or engage In uses shr ar would nor be a•Sow'ed by o'd ana.lt q 1 Her from taomrJore+ing Edon {f do wait (exclusive of rousidatbns) is So percent of time of ch _ j reylueasmt a tuAet st+a coral r a1u" d 0 e bu0d as established br use. {,s that the latter edsr by righ but the exceptions must be +ppBed fit kir tax =W purpan 0) Sex also S&VYrag ; O Haven Hkarh 4 and gamed py the mooing sulk r ty. Conrucen IF. Speedy Murtw King pye7min Vusa3ng6d S11A2d 282 apa.Carunw.Ci 1966). {9 trsc Cried 100 (Pa. Commw. Ct 1989), app, dented 541 A2d 4N (Pa. 7D 200, (u ing use of pereenh e of Boor area of tM taaBdto run- 1990). Spe(i+d exceptiau also difin fran c enforces In rl,at'a vartancr h a +tte~d to rseiermb a wt ahu rebut dnj wouM be allowedi0 app. denied deviation from that legisLtnd zoning d+ssiikatbn applkat to b a glum St7 A2d f tt (Pa 19r17) paml of Ltd, while a spedal eueptior Is a use peso lned under the zonln6ofdinance upon a sMwv g 01 tt L1n sLNtoryaiteria' Merrillville is Sex, r{.Cur Cousm, Mo.Caca 5 9.3U)19351"when a sbratun Is Bd. r>I;Zc4& j Ayp. v. Publh Store je, Lrc , S6g N E 2d IM ,1094 dr d. Ct damajedloiheextentnsaethars(Openen6ro Ira orrestonrkmsfuB AIp,1991),N2 13. l l (1) year anti the g be Dade tudeas restoration actuhb a~ daledtuchpaRLddabsactionandfsd' en pawed to completior.'1 31.1Faamounlofdixsetla,s0owtiiindetermlgtther`nesrapp r onthetypept eq bu 26Sev,sj.CryofatinWv.fbher,2lN,Wtdg)1rNDlr)rl1(fudiri cansquslM form permitdrpmdsup MrMnimustbtgiven Inauniformwaybesedupon ritsUbhedstandards ordWs+te sAth time Bmit egsrllin`{ prep em of Intent to abandon so ~d,,d to the ordinunce EUMA MCQunur, M~,~+uarat Cceras^ura ~utheeessationo(urewasnolbeyaviUJeeownef~w2d21iBR~C ~2620lx1126(19~6). Fr1de Nd`htarbood Assn v. Cky dddd Aswao App 19dS1 fglv+u guP>Igva'ka'~hn OH44 that newbuyer could assume 109L of 104 M and Me Alid ppof Zo 1{ A 1Sv. Public Storage, five, 568 Wtown opentdora ea na slww Liras nl to atandoo nonconlorminj usek N E2d V. 5e., rl~Pxssoosr, bw>,Cox d 3,111(s~B 111 to ~hsrtkr` the its 31 Sev, rg. fwsvawtt 14w. Coss 5 20-1706 (M) (In to event al all or s us" of thn col or extended that sar,be usedetas d dd>rg os)a serw3u ee(ales to the provisions d rN~sidhuapter W granted wheryerito4 we o «sudprolubitedelstwleretniisam 9lro ~ a conlemptoled to mot a We nom-Jirloruahi &bardIFave]w%weelo t Icomi'SonsdR,eexcepmasesubG+hedInthis 2~.~~~~,,'~~a v reirisIndus. 260SE.2dt))Na. grant anexeeptlonwhe 9291g9~+t►a'~v~' im ) usekNI, farming acct mum not dkaf,ln by IN dty comrMon an not found to be presort.') 3 "rLA "0 0 land Use Larw tune 1993 5 AgerdG~tem_~1:~- f --[late E Commentar l~ Voluntary discontinuanctoccurs whenanOwneractually ogeneous areas +pd wningls accomplbMd by ch+"6 t<linqulshes the tvanconforming use of !ss the local or is homLOrdngcI:ssifkationolaparticular lolorsm at{set of resumed tod'tsof~OtthePrOvialOntS•~oSt 2l. 51 .06 lotshomaks:tntens!veto+morefntenslveux,Satt+ h+tls nance. See Z3eg rovlsionsWoordinances lo 3624+t224.Theowtverlhusob►&W4conforrning Local overnmentsinserltirT1eP proteded by taw rather than a nonconforming use which create tuck a presumption because they do not want to look st tike a 4istin tsh between voluntary and Involuntary dlsconNnu• ily ld bo extinguished. to more sestl•lweve and, therefore, moro ance. Cal governments also ho to avoid doling vith wou ess,% nfortr ng use The may, in fact,be similar. Such rants d but arer+re,hOwEVtr,probablybec+use►heyare oflensubiectk' ovmeri intentionsthrovghuxo ob}ectiveslandu s, nonconforming courts have not alwaysalto xed muni<ipaliNestoachievethis 1cgat ehalt.enge. Set e•j., Golden V. City of purl and Park, 584 obkctive. P.2d 130 (Kan. 1978), 31 ZD2 Related 1o these concepts is the term 'abandonment Anotherevenruet+pproach's a moratoriumandedon construed byt0s lo de mean otheent=otlornalre nquishment Jrnting toning (ot newly dtvtloplrtg areas. See Manelkeb 6,p5.71vispreventsanynewdeveiopmentandlsdonessan of a known right cluite simDarSto . Id. seed' d' act, sufficient to support the Implicit ion Of such interim measure until a compreh ; i closely Pl osplan is Fastld noncc+ don 1Q e11e130 Thi +p~ u or tent. see courts lend 10 scrutinize merato Y Of Ziegler, footnote 1lmitatloro on new buivdlnwfiichow huedifficuittoextingufsh voluntary discontinuance and some coo IO?d 1COudtY a avoldingoonconfonning the two two, 536 concepts A 2d are 724 (md. Ct.Spec. App.1988). Ail those Approaches involve policydetertninatio Mclital .ison may the act t Mcoo the came. See CS., courts have also ma a intent an addi- put otslates and local governments. Anindconfo tional u helement nywired beyond the owners' overt acts or rej ohfsow~`fie he has dcne hso depropeendsuponhis };ow ever, many 6 this ex off hfs property. sib! ,crurtinter• thfailures to aztto e conce ptthalhascaused thenrnw tdiifivltytosplennersin actions, the goverrangordinanct, and, pos ' Y toPasslaws Pretation. trying to draft thel•w,forlocal OfficialsinIF rot rtt that A,,, stand up to legal challenges, and tot tens and iNTER.PREIING'At1ANDONM7:N7' OF organizations In trying to determine what their rights are NONCONFORA ME5 bediscon• under the law. The lawrKgnlztsthatanonconforminguse may hes to Ab+ndonmtnl tinuedt}voughvoluMary andinvoluntary means.5teZit$ler, LeBIslativeAPProac footnote 10, 6 51.08 at 51.125. lnvoluntary discontinuance or Dif,contInVAnce b sitaltisdsde livedOt lberko On includ• St ateslatuleshaverarelydealtdisecTlyailh+~andonmtntor Oc w}enanindivfsltpived IconroJ nB discontinuance Ofnomonformingu~ Srenote 37Andac• use of his ProperrY Y oooodd com an n text. 'F1~tStandardZordngEnablingAd,wld tng Are, n , hurricane, or other natural 4 Ict, N as wail as by did not cover goverTimtntalnctionssuch asoondemnatio was the basis of all state zoning statutes, M+morttzat[°n' F r g uses.Seeh4andeiker,§4l6at101.Earlycourt or decislonsby tbeleglslativebody or toning authority, norcen orming . cases. lvjwever, dettrmfned tbal nonconformingvsa could tnvolunlar; discontinuance nce t Is A to ~ developedIn case law rather than through rot be'mmediately extinguished Ste e. j., fonts V. City of fos 84104 D. 1973) 295 P.14 (G1.1930)• iI{ (dI t. j. City of Minot o. views III N,W2d $37, g Some stale feglslatures codified that Fr°p°Si~ S aat5 discnsssionot~tofdda{ discontinuance iunder paovlslo govern 1~ not elaborate for several reasons. See t.B,,1J was a relatively JJ cover this type Ih F ecific g°v . The fist was that wning ortte s _J trig natural disasters" or those which av 40.SSDbB (1991) ernmen no need to firth r td actiorss such as by necessity thowever, nuny t Provisions to cover it. (Legislators did not aPpe+r to recvg• enabling statutes, &cti gt such a by necescisity to allow latitude to new concept and legislatures had ubUc policy issues at sta e.) A second nine the Important p {ocalgovernmenb.uestk:ntonthetssue"CowtsA+vegone ea~n was that legislators fell a responslbility to protect beyond the express provisions of ordinances to Interpreting amen hom 66overnmertta attempts to them, treating a patr.hwork of law! constituent prop" o. Sre a lf" cw Da`v. Coos commen- conhol their pro PertyofActal mom draft 1975). A third reason was stId.at51.130. 11ry at166(proPosseedd r ssible phflosophica! differences among "Pens lhatwere 3S.5,r,et.Torou,f W,Coorl4durtt9"' easier to avoid than resolve. The concept of roningtoaeate homogeneous areas was criticlzed by some experts from Its 3aSutemnlsiatatutnlavebecntimsedrorwatate~rune y01 er nformtniu~~nc4br IedSre.ti.,N.).arv, inceptionbecauxtheybelievedanareashouldserveavart- tf beconNnued•1, 1%11.23 20 497 (silwtlonl beyond tht owneel eenta an imaa7y SteT,l4~~SDii1194t1S Asrnarco tuinisubrNtuNn`Uwecomfrt suflklent to 1A the rurudnd del t)W status when the Mwouto 1 does rd };osvevegntoreslalaanutdatlri 1n ust dtstir,-.ulshvotwlary dsco,tinuanakSmirNowant. not }~taiveprovt+ions Sire If" Cot. CAN, Star.li62(1991 t 5cxh ui+s 11, w 9 m 64. W~abMq b kaw xm+t+d a~ lion shalt rat provld'r Ix fie 1ctn:rution of any norVoul S 107 5~+12d 139 007 , a yn a lurJt t d does not persodafNmewithrvsxrd the involunWydscatlnuaxevolunuryhA d' nlelyas+resulldramstcfor + +tdW dbr&lshvolun~±r~hxtttnlunurydisconW CYadtecht dt.APP.C11p691(bar dinanct Went,> &ticpertyO,ynUb iNlntatn ltvnust'1 ParRdia249N,aidjai( . tr, et 401 N.YS2d 46(1979) SeouA eonsNtu otuntary diacontiri9 locala volm~bry. di 4 0* a fL3 w, C.t1U`non CaA Ski atacw+Nnwrta dnpiu ProF+ Ang , l to Itrtd s lenw u tnvetuntary chest v. "°t ' , q q -0/0 ~tvSniaymalSmitusdwtuterrtlert+thoar tLrtellrrdll. 20 J'L Lrniniid (Ad)tR.277A1dl760'aC*rmw.R qgl; ;•Z.1C~ 6 Jude 1993 Land Use Law / C700 t Commentary sty of functions ether than a single one," that market forces Zoning ordina n:es have become more soplJslicated in an are sufficient to create orderly development without Infringe- attempt to etrcumvent court Interpretations that have left awntOnrighb"and"cose-buse decision makingby local govemmentspowerlessto enforce thetawasoriglnally zontngb~~aldsismore often based onpressure orOnemotion passed. Anordinanamaybtdrafted with theIntent element "A an gverall policy perspective. A Planner's Guide to land Use expressly addressed, for example. New Orleans toning law 1". It Cuttler, "Ihe Ddemma of Modem Zora&' at 123,124. states '(nItither the intenNoa of the Owner no; that of any- Stattsbegantorecognize theneed forproviding guidance body else...ohsHbetaken Into consideration inlnterpretinl to local governments on a number of issues related to non. and constmIn$ the word'vscant! as used in this section...., conforming use Including enlargement orextemloni0repair NEW ORUAM Coot 6 12.2 (1970). SimUarlt, the PAUMM or alteration" new cons truction,°varia nce;'amortlution," Cove. j30.8.tN(1971) states, luchdiscontlnuam...shall emlrunt domain." provislons for gradual elimination," and constitute an abandonment.., regardless of any reservation time timitsfordiscontinuanceor abandonment." In doing so, of an Intent not to abandon same or of an Intent to resume some states added unique provisions to protect special uses active operations.' Fife, Yfashinglon, adopted a more lndL- w1u'te others expressly limited protection. For example, Ha- rect approachto this problemby use of the terms'wated or wallexpressly protubits amortization provisions from being abandoned"" to avoid lht intent requirement courts have a~pu to residential houg agricvSturat uses, while someti mes Imposed on abandonment," Kentucky limitsenl+rgemenl sinof or nonconforminguseslothov! Local governments troy also make related rcquiremenb major public attractions "that have achieved the status of quite specific to reduce the likelihood that a court would public tradition, °with'prestige and status' comprising an need to provide an interpretation. Some local ggovernmenu esseMal element of the site, td, At least one state has added have sea percentage of destruction beyond whkh the struc- an Intent requirement to the criteria needed to terminate a tore cannot be rebuilt and have also set a tune limit within rvoncbnfonnnnguse.SeeCONN. GrN.STA7.§8.2(1989). which the rebuilding must be completed"Others have cre- Most Codificationof case law and public policy regarding ated objective requirements with regard to enlargement or elimination of nonconformides, however, occurs through expansion that differ based upon whether the nonconfor- local government ordinances. Drafting these ordinances has ma nce ocema rs with regard too lot, structure, ur use f0 become morecornpiexu courts vary In their interpretations Another approach has keen to require registration of the of terms such is 'abandonment,"'discontinuance,''cessa- use" or an additional document," such as a certificate or tioe%' and 'vacated." license to continue the use. A related approach is to require a j 3A).facoas,T DLA?Hra+otmorGnA?AAApcMCmas5009611. special perntitfor alterationofanoncor6imtnguse that is only Issued upon the vote of a supemujority of the local 39.BStegan No2onintGr46era7oning, InAPuvrtx'sr;,umeroI.Ar'v eleciedbody. SeeShrnosburyEdgemerrAssoc.Ltd. Parlnership t}reLAw,143,144tswnMeck&Edith ; enereds,19S11. a. Board of App., %5 N.E. 2d 1211 (Mass. 1991), 43 ZD 247 40. See ,M,asCOW, U%1,61155LU(1986)t'rlhelegblathabody (upholding requirement for add itional certificate to operate a t auyprvvlehorduvuxekrthe...extension ...ofwnmi4ormingUses junkyard). of strudurm. COURT AYPROACHI S 41.Sar,eeAend st.Ara+162.23t7n1(t988) ("SuclhroncoeJormrgnue Courts have reacted Inavarietyofways lodtspuleschalleng- Q1iy 101 be ing the discontinuance or abandonment of a nonconforming t 41.Ser.eg,M.SSCei ck4066(1979)Vconatauctkn...shallconkm use. See Hartley P.Cityo/CoforodoSprN19,764P.2d1216(Colo. to any sa dnessmend ed,m,d aitheorilknance than six ton "ths 1988), for a d ixvuion and history of this sub)ect. The most s period O rKnd by-b true Uunx w unle" J tgr the ~bet`ypetl~ b of the the "..ina period of ed basic difference en a 'P8„ ugh ccmismatlAuouslyaane x~pr id"ya~spow*ok•')ruumean the samdbgCourts have wbeen somewhat 41 See, 9,1, %W. STAT- Mar. } 462.7.57 (1991) fzoning board given authority 10 grant variamest. SO. Fm WA%K, Cove 1974.0400 (1986), apWmd in Chat v.Clty of Flea ` M. Scar, e.g, Cam Rrv. Srar, Arai. } 342612011986) (give IAt lord of II00 P2d 1330,1331(i'duk C4 App 19911. (twi7 coaunisabners the authority to krminde noncordormning wet St. CM v. City of rde, 803 P2d 1330,1312 (Wash CL AM 1"1) (the through amontrati"j. court drew a distinction betw'nn the two terms on tie pan+d that 45. So, ej, Mxx tan. LAWS } 125 216 (1986) (giv4,g the sax yy '~1e of in end an objective standard, %Nit 06handoned, required a wdsorUytecademn+ndq udusepA,atepropertykxapubb'cpsu~cat)sd g $mr, t j• , h~ Arne. Sur. c1s.14. para. lt•161 fSarith-Hurd 19901 l'provl• S2. Sev, t g, Lawn, & k,w, CM }241307 (199) (SO pemnt destroyrd; skits array be made for at padual elSmLratfon of uses, buildings and onrytw1orebvW,Sc%AxanNta.Coc4I t1.201911)160perml destroyed; Stewbues WW are incompan'ble ...permll obtained wia" Ste trontha and construttionbegun whNn one year). 4G See, e.g. tar. Aran. Sur. ch. 24, pars. 11.114 "th-Hurd 19901 S3, t,# g,Cur Lawry, MO. Coca I4.2(19RS) QJor tonforming Ids M ('pevvlsiona VIA yy Dt made Tor the iraduil elimNatlon of uses bulk rgs rccrorus4 a%W Three nnqqu nn"b to qquu&4 kc a bwlding percale sedsbychatswhlchart 4ncompatsble.,.• Indudtng separate and IndrM.W avmexp from SWTV.4 tng Vocts; 47. See, r . Cswo fin. Coot Asw. 1319-19 11987) ('but V any Such merdirhganewrenl yard relp"6 andmarestoapuWkmd.) twncaenform gwebvoluntWydiacoNiYtuedfatwoyearsorwortany S4 Sy t C MUCcum.Mo.Goa}1111965)(,equLtngmtiAo• RRfu~r# Use of Wd be mssed code k krnd sfi+>J I (ton with sect ons d the (ton of any f ln; card, car lot, a scrvke garage). 55'See, rg,TownofScitwtty.O'Raukr,L19A2d1760t.I1968),202A q )ixw. REV. STAY. 1164W (19eS1. ~gPt(1d NO 14s,(alh,oa yah~ ~ud~ tD req,dremarb resulted In 49. Kv. Rrv, Sat. Ma . } 100253 "whie/1)obba•Matin 19ti2" AQ vii''iZ ? P, m ~ ~ r21W 1 ' Land Use LaveJune 1493 7 Commentary ' corslstent in differentlatinS voluntary and Involuntary dis• or Urd;'Newyork,"Pennsylvania,,Jand WtMVlrgWa" conttnu+nee,oftenfinding that lheletter does notconstitutea tluthav urule~ iruticwsivtlrh pedficeM' relinquishment of the noncontormitly because H is beyond indirectlyp yy "ll not gyro idertobebeyondtbeo nteeescontrol, withlaticest decisions of:onSng bodksahal enforce the Specific p ovi- two courts" finding that failure to secure a tenant ?&St the sionsunless there is Woul error v time period stated in the ordinance constitutes a situation usually course, in cases here tthe hat trainee 11houghlnsome beyyond they d discisc s conlroh owner sues another in an attempt to get Vatunt+ry on!inuana has often been equated with cases one property g Ex abandonment. rrtshavesuegcsttdtiwltAobroa1dassessmentapproac es ordinance. The exception to local governments, prevail ng the Wlian" Set ears to 1 st,e11S02 ot.18~The subjecddv~e test consists of tfoot wo ele- mentah n:iesiwhichAttempt tocli cumvent heplainmean-e In menu,anovertactandanlntentionloabandon.5re7 JeBier, in8°l their own. ord~ti ~t~ 3~SE.Id4t19 ~201ru19961, h footnote 10, at 51.130 n 11. The objective test consists of an House, Inc. V. City of tions was pvtd anexarninWenofInent"orliulomaticallyfulfilb statute of ljord County P. the intent Important emenb* action Iming Access Similarly, in Ha1488 A more iuue, however, Is how courts are likely Mrponougle, 536 A.2d 7l4lMd.C45pec App.. 1,the court erpret an not count that local wwch tent use to andrresidentsac ntreelyxon that o dinance in for long rAthan iheotconnsecutive mont1s as stated in tthe deltrivininga eourseof action. For purposes of the analysis, ordinance. an ordinance "I be considered speci#• .tc if it includes, at a In twocatestheordinanceactuailystate9 tha! fie intentionof minimum, the presence of a defined time period following ttheownen o w od~va "Tats wou llt appear be if a y to which the use is presumed lobe abandoned iature decides that intent should be a separate element, it Ordinances fall into three e general categories in terrcs of kgLc court interpretation. The first is interpretation according to ineffectivelytackitontoar,ylocalordiNMe. the ordinance's plain meaning. A second is unconstitutional in Essex ~rerng 0. Zonfng i4c~strdc5(~AppaiIs, 539 A.2d 101,105 ordinances or court s that the it to addlan element ir that tiin~t~~ s~o'I~ra eeleme twhereaUmelimtnitwaass f F3 Lintili third type Interpretation tated ordin in an that modify the me a edl. Each o POS adifferent be iex m- sthat & slate statuut Plabidd g any rolu'bbl ° ohad also n the conti ud- Inedd fed, Each h of f these ese po p irted Individually in an attempt to provide a predictable anceofnonconf°rYningrr<`'shadu'6nP1ki11ntenl mm means of approaching a probleminvcdving potential volun• th&n. a is d nen Oka C noourt lie eded. . at 105b. In COOL ~ response to ` ury dSscontinuanceot a ncnconformiry. STAt 18-2(1991) to require evidtnce of intent price to disallow-hes: inga nonconforrning us-- Plain Court w ro ten uphold or inane Courts othepecilfic requirement is present;bu they may uphold it attempt io digs dine with the intent d ulremen4nln Harjbrd 1 for other reasons. Courts In Ninois ° Louisiana;" Maine ° ~a~wb gi~u}h~tion"from"~~ ~ance%at1eqwt- 58.Smlthv.6oardo1Ad 0,460N.W.2dam(lowa1990,Hadley v. igilwithOsbandonmenl, baseiupon themannerInwhich CitytslcotoradoS tn s,7Htsd1216(Cola 190):GrMStdg.Co.v. the%terms were wedintheordlnarim.SeeSMA.2d724,726. Pom" Hearing 9 A.2d 892 (Pa. Commw. CL 1976h City Of ~ Coit11 r. Mewn«~aa s36 AZd nt aid a spK App, N.W towot o Fisher, 212 S Ild., 637 0(.0. ljM; (P Marchese r.. 1911)•, lift (time p sb coesecutSve months or 18 months during any 2) t4orough 2ontn Bd., 277 A.211 176 6 th Comn+w . d. 1971 threbyearyerlod) 23 ZD 147. 6t 5p{ar v,1{o1Qun, W KY S 2d 947 Qd.Y. App. Dv. 14301. t7ID 7Ja rdinCgH utngton gBdv., 342 A N Zd M N(PaC.YS2d a-r eb esw1197tk Grace Bldg, Ca v. lom-ywt~pee,04 S44 4M .CI 19781. Zon 63. Sun OilCa v. 8oerd of 7cntna App.393 N.YS,Sd 760 (19771 29ZD Si. Sre,<g, CTd r. CGy of FJe, ISi /]d 13 0,1313 M+s ti el App, 1990. 457110•mont1h dme period)- St. Ser, eg, Chicago v. Coben,364 NEId 3551111. App Ct. 1977), ~~nawellY.Hodge,2"SEtd820(W.Va.1912)WX.P Acme 29 ZD (9L 67. See, if. 0164 v. Crty of P6aeb6 7% P-Id 1166, 1371 61Aa Ct. 6Q Cfifcag`o v. Cohen, 361 N EN 335 It 11. App. Ct 19771, 29 ZO e9% A pp.1968% 1 ZD i ('Mee will not substitute our ludpnenI lot Qut d J+e (sbr.tnatht3melimltl. wTerth~ wu y~7aP~pki dlomaeinrlkhwoubiuvne 81. esv.tuslmara52S5o1dt7iNhArp%1"8),40ZD~(Ax- rrxtrda nt~usionhadwebe"Uworlainalarbite..,'1 ptionlh bib ltm(tplus Natemml0arintentblrn3+ant}. CL A 68 }oew V. ~4~1Y9Q~So 2d 172 a4S11 /mod 132pp 19861 40 YD 258 l1i%it;►r l 0•Sd. Ct Sp: App. , a2 Curtis Y. Math 162 A!d 125J die 196A, 37 zD 132 (uyheld VnbnSauart a?A 3~;~ requlreeneest for a ra dance N m46% noncontoto+tn ( aituaftwo). 1968), `June 1993 I.And Use Law i Commentary ~ In dotn6 $o, It noted that evidence of Intention would be eltrm-nt. $te t, j., Smith v, BWrdof ZonfnjApp.,u9A :a 1350 required for discontinuance but not for atandonau^t or formin x%eXtAenaDando aarty suulrned h t henoncon-toprovelhat the cesourts a o~27. Courts have e good reason, as do legislatures, for tntn~lo owner intended to relinquish the use In addition to rtuetln dl"wwith theIntent tequirement.AstheCourt in JH{a rd any other requirements of the ordinarn.^e. Id, &1 1352. TM points out, the alternative of eliminating the requirement is second method is to raise a rebuttable presumption that the to'continu(e) to run the gamut of Judictal determination owner intended to forfeit the use by not resuming it during . it the Ift& subeccession thenshiiftstotheownerlos howihedidnotInnteendto band% not red Indent requirement puts owners in a position, Ily thiscyouare theuse. distinction rt by the zo ing board an, conceivably, the trlsl courtethat e~ugedtnfAft, all*rpc2d rJu -0 pet{ Y said in Choi P o., City oJFifr 80.3 P.2d 1153 09911, th+(,'in Meld the derision in Pappas P. Zoning Board of Adf lnslmtnf, 34. iIsneVe had ry lawyer intention tell him that, the o44 7D wner o ShTte ow that he had not the testifies the burden of proof 19910 enns Court fomdng use, he will win the lawsuit' Courts Ignore the discontinued peuse, but of Intent to ilea nia Supremburden intention of thelegislativebody that designed theordinance, however, when they add the intention requirement.Seeliarfley stay with the party assertir8lttedisrnntinuance.ld. o.CilyofColoradoSpnngs,764P.2d1216,1223(Colo.1966). In finding ways to Incorporate the intent requirement, Cowtshave also upheld ofdinanceswhere theplain mean- courts have also Interpreted cerlain terms 10 encoMPOSS that ing is difficult to discern either by upholding the vaguely element. The terms 'discontinue; n'bandon,'° 'cease;„ Worded provisions or interpreting them to Improve clarity. and 'unoccupied"'s have all been interpreted to require in- InCheseo.Tou+nofWells,theMalneSupremeCourlrefereeda Arm. They have also been interpreted as not requiring In- batik over two interpretations of inconsistent code provi• tent."TheresultIs that practitioners cannolrely on case law O)ns.Set574A 2d 893(1991), concerning MA-w[CootoI16- from other jurisdictions to interpret terms that are new to 9(cxl)(b) wid (d) respectively. Both provisions contained theirjurisdiction$. instructions as to the nonconforming use of land and strut- Courts are not even consistent within their own Jurisdic• tufe. One subsection stated that a permitted use superseding tioro. In 1988 the Louisiana Court of Appeals construed the a nonconforrningonewould result inloss ofthenonconform• NewOrleans zoningordinance very literally when It held com- period seven-unitInapartment ordinance ing use, whtie the other gave a two-year time period after that failuthe -mon time re s(find to h nts for & WfIch the nonconforrnlng use would be lost, The ours up- plex held the zong utomat oall ~extbing~shes a nonconforming permitted regardless Cusflma~no, 524 So 2d 172 (t.a. t App 1988),40ZDt Jones in the loss of the nonconfo use. of whether the two-year time period has passed and, indi• court failed to discuss whether the owner lud made reason. a rectiy, the ordinance itself included the time period. !d. at Irrelevant. Id at 174-7S. In 1991 the samtcourt, inleirpretirig 894•S3. the same ordinance, found that a bar whose owner did not CovrtAppgoaches:Uneonstilutiona)Ordinances lease the Prop (OF two noncordorm- "UrA P. Ci will( Find tY unconstitutional if he local governmethe nt's New Orleeans, SW Sold 189 (l s. Clr App. 1t O. Irk arriving at Courts balance between pso rtpe rights and t / ri he to legislate foil he public Tghood too much In favor of the that conclusion, the court states, *Is] zotdgtgordinance, being ate Owners laKMr. faasses, because courts seldom co rideIn noncon- in r the con- onstr%W, when subje rights to omorevthan one interrp ear m forming use cases, 5.60.When such ch+llenges according to the Interpretation which allows the art rt IukV* been filet to or*, Ocreby releg Ting certaln uses torwnCOnfo^m' 71. Ser, e``. tlurllrWon Sand a Gravel v. Town of Harvard. S21 NXM Irtg stltul u and have also upheld against due process chal• 6e9 QAasa App. R 19681: ?appal Y. Z.onin j ld. of Adjustment, $89 A24 le.nges to time limits that, when exceeded, presume a7S(PIA"ING3a. oband onment of the user 7L See, a j"Smith v. loud of Zoning App., 659 A 24 1350 ff a. Commw. .19831. x Couri Apptoaches:Ordlnance Modification 01 ~biggest chaikngetoPractitioneKisfrom Courts t ataddto »,See,ej.Pappasv. Zoning 8d, of Adjustment 589 A 2d 675 (Pa. 1991), or change the plain nxaningofstatuIesorodinancrsnemost 44ZO5C frequent addition is the imposition of an intent requirement In 74. Set, et, Stucknun v, kosevhko County Dd. of Lorain j App. Sob Cases where the ordinance spedh a time Few' N E 2d ton ".19M 39 ZD 311. Courts have added this requirement In two ways. The first approach Is to add the intent requirement as a separate CO75M.MSee, e S t~ MS. Co. v. Zonlns Waring Dd., 392 AN 692 (Pa. H.fohoswCounlylAemortalGardens.lntv.CityofOverlindP&rk 765er1iarlord0ountyv.McDona+{h536A2d721t1dd.RSpetApP 711 P2d 1:tol (Kan 14961. 19281 (cessation): Smith v. hoard of Adjustment. 660 N.14Id a51 lbw 7QSuAcCav.loordofTa&&AV.393N.YS2d760(1VA19ZD 1990)9 IXtouLMaµZD/ior4Pka ber"It ]uarxe AndmatJIldW wtin, v. CRY of w& pyntl min upheld only V neasonaDk and l0 rrwnth period in stilt l~l B ~~ara n"~fWt 199M), 38 tD 106 tabandonmen) 4 aaaeonaldrradreatonaDkl. W $__"_~j ~ "O ID Land Use Law June 1993 9 ~ Commentary slricted use of property' fd, it 491.Th1s was done In tight of Flnally, some courts may view the asKndourient 0( 04 theexpressProvision (Atheordinance $411ngtlutlnlenIwas nonconlorminguseassomething else. TheIssue arlseswhen Irrelevant, an owner changes a use completely or adds a related use. Has Federdcourbof Appeals have alsoennounreredsimi)ardl<A- the owner abandoned the rionconformingg use or has he 'Ides in interpreting state court pronouncements on Went and changedorintensitledtheuseIn&permissiblewayMourts mnf0rrn(n4 use u have corMnenlatM and kgal scholars. lend to make this judgment on a case•by-cast basis," further in Hsrfky Y. City o/ Colorado Sprinpki, 764 P2d 1216 (1988), the confounding attempts to predict the law In this area. For Col w~ do ~In nee slobeProveooliks~raleelesunl w lAri example,intheuseofBlakea.City ofPhornir,754P.2d1368 time period is expressly stated in the ordinance, h did so alter expfinding a pla t the Arizona Court nursery to grow plants outdoors was inl noting Out commentators and federal courts, Including the (mpem><ssibleenlargement,whiletheSupremeCourt ofpenn. Tenth Circuit Corot of Appeals, had difficulty Interpreting syivania held that than ing a primarily takeoul sandwich Intent In the context of a specili ed&mperiod.Id.+t 1221.23. The shoptoM afflservice resIaurantxatin40customenwasa Colorado Supreme Court refused toinlerjcdIntent AS aseparaIt permissibieexppansiomSeePappas v.ZoninBBaf.ofAdjusfmrnf, eienentinastatuft with anexpress time period, noting thatthe 589 A. 2d675(Pa.1991),44ZD34. mk requiring it %s been less carefully thought through thus almost any other major area o(Amerkan planning law.' Id. at CONCLUSION ! 1225 (citing Norman W(Iilams, Jr., American Lend Phnning IA-,P, Determining whether a nonconforming use has been volun. 5 115.00 at 190 (1991)), (amityy discontinued can be tricky. In addition to checkingg the Situations involving competing policies can also Impact a localordinanceforthepresence ofatime limitafter whkhthe court's Interpretation of the ordinance, although the exist- use Is presumed abandoned, the slate statute and relevant enc'e of the policies or the extent to which they Influence the case law must also be examined, with an eye to competing, outcome maytwtalways beexpressed. InFran linCountyo, but unstated, policy goals, Cilyyoo/JSt. Albans, 576 A.2d 135 (Vt.1990), 43 ZD 32, the sheriff Courts In many sUles continue to approve the addition of haddisconlinued housing overriighl prisoners in the county InIcnt as a separate element from a time limit placed In the 00 because the structure was in poor shape and he was ordirw<e.Evenwithanexpress provision statingthat intent Is concemed with personal liability. Approximately seven years Irrelevant, courts may still require a showing that the owner later, the new sheriff sought toning board approval to re- intended to abandon the nonconfomtity. However, courts are surnehousing ovemlghlprisoners inlhefacility, uespitean also supportinglocalgovemmentsinUxtrattemptstoobjectify ordinance that terminated any nonconformin used[$con- thelntenIrequucmenlthrough useofatimelimit. tinued for one year. Id. at 136. The Zoning ))card denied Legal opinion will continue to be split as long as states approval, but the decision was overturned by the Vermont differ in the ways that they balance property rights with local ,reme Court. Id. at 135. Although not discussed by either govemments' police powers. By knowing how a state court trial court or the supreme court, the contn'bution to law balances those Issues, combined with related policies that it enforcement of this facility was slgnificant.The protection of favcrs, it may be possible to negotiate the labyrinth of rules the community from criminal activity is a more Important and definitions involved In this complex area of the law. goal than phasing out a property that would theoreticalij _ [ravephaseditselfoutintime. Hadlhisbeen agasstation ora Reprinted by permission from25THEUseANLAmta159Writer duplex, the outcome may have been different. Therefore, it is 1993), Copyright 01993 American Bar Association. also important for the practitioner to be able to recognize underlying competing interests, 77, Lsau, footnote lO, S S1 06 &1 5 t 48. hem lr] 5 3 10 June 1993 Land Use Law S v Av~ AQ9t+Q3l 9 y ATTACHMENT 4 OTHBRA'S BOARD OF ADJUSTMENT Nonconforming Use Discontinuance RICHARDSON - establishes Board of Adjustment for purpose of eliminating nonconforming uses. Ordinance allows "board on its motion" and "upon cause by interested property owners" to review continuance of nonconforming uses. PLANO - majority of Board of Adjustment ordinance is similar in wording to Denton, except for the discontinuance of nonconforming uses. Ordinance allows "board on its motion" and "upon cause by interested property owners" to review continuance of nonconforming uses. Also includes limited discussion of amortization. ARLINGTON - grants Board power to initiate, on its motion or otherwise action to bring about the discontinuance of a nonconforming use. Does require amortization plan. CARROLLTON - Board is granted power to initiate on its motion or on cause presented by interested plsperty owners action to bring about discontinuance of a nonconforming use or structure. Also requires amortiration plan. AUSTIN - nonconforming use section establishes regulations for nonconforming uses based on the type of use and zoning district the use is located in. Regulations for each group range from setting time frame to eliminate nonconforming uses to allowing use to continue and expand. 1 A~ I Ayy^^ y L MI.WSd MFY. rj . % P I` 1 J i ' _ I, J~c~ ~~QQ II ATTACHMENT 5Fr2 Ay£: Planning and Zoning Commission , January 26, 1994 Minutes Page 3 IV. Hold a public hearing and consider an amendment to the current Detailed Plan of Planned Development 65, known as the Bent Oaks subdivision. The amendment would change the proposed use of Lots 7 and 8A to residential uses. The 15.271 acre site is located south and east of Sam Houston elementary school, near Teasley Lane (FM 2181). STAFF REPORT: given by Owen Yost. Mr. Yost reported that Planned Development 65 was also known as Bent Oaks subdivision. The plan for single family homes was approve9 by City Council roughly two years ago. The two lots in question will not have an impact on the intensity in f the area other than an additional 20 trips. When the original amended detail plan was approved the applicants had planned to use those two lots for open space and a club house that was going to be managed by the homeowners organization. It never materialized. The property owners are now asking to use those two lots for residential purposes. The lots are 7 and 8A. Notification to the 200 foot property owners was made incorrectly. Eleven property owners were notified within 200 feet of the two lots. { Because the amendment covered the entire PD which is 16.45 acres. The notification will have to be remailed to all „I property owners within 200 feet of the PD not just those two ) lots. RECOMMENDATION: The Development Review Committee recommended that the vote be postponed until February 9. i Mr. Cochran moved to postpone the rote until Febru.iry 9. Mr. Cooper seconded and the motion carried unanimously (4- 0). R V. Hold a public hearing and consider an ordinance amending the zoning ordinance concerning the organization and function of the Board of Adjustment. STAFF REPORT: given by Frank Robbins. Mr. Robbins explained that the amendment was the first in a long line of amendments to the zoning ordinance. He said fundamentally the amendment would not be a major change from the existing provision, but rather a reorganization that would allow the addition of provisions in the current state law that were not addressed in the city's current ordinance. One major exception deals with the termination of non-conforming uses. Mr. Robbins went d R e S f Planning and Zoning Commission <i:2m C' January 26, 1994 ? ~~~1 r minutes ~pT Q'7 Page 4 over an outline of the ordinance. He said the old ordinance was hard to use because procedural issues are found in different parts of the ordinance. The new ordinance addresses those issues in one place. ' sec. 35-48 Mr. Robbins explained that this section adds factors for consideration by the Board of Adjustment in determining a reasonable mortization period. The Board of i Adjustment is authorized to amortize away an existing non- conforming use. Items 1-6 will be the guidelines the Board will use to determine if and when this can be done. Mr. Cochran asked for an example of " any person may request a termination date for a nonconforming use". Mr. Robbins said normally, it would be a neighbor that lived next door to a non conforming use (junk yards etc). If there are a lot a problems from that nonconforming use, the neighbor could go to the Board of Adjustment. The Board would then look into the issue and decide whether it should be amortized away or not. Mr. Cochran said that would mean the termination of the : nonconforming use. Mr. Robbins said that was correct. The Commission decided that there should be some further review and possibly some working change in Sec. 35-48 (a). They were concerned about anyone with an ax to grind being able to go to the Board of Adjustment to ask for the termination of a non conforming use. IN FAVOR: None IN OPPOSITION: None Mr. Cochran made the motion to postpone any decisions until staff had time to further review the amendment. Mr. Norton seconded and the motion carried unanimously (4-0). Vt. Receive a report concerning the City's position on the proposed Sentry Landfill. STAFF REPORT: given by Frank Robbins. Mr. Robbins reported that the City had taken no position on the Sentry Landfill. i Y 9y O1O ATTACHMENT 5 ~ Ai~ Planning and Zoning Commission Lf y ~f~ February 9, 1994 ` Minutes a 7 Page 10 the easement. The easement on the other side is an electric easement. The lines were removed and been placed in another easement. Mr. Cochran made the motion to approve the easement abandonment at Denton High School West. Ms. Russell seconded and the motion carried (4-0). X. Hold a public hearing and consider an ordinance amending the zoning ordinance concerning the organization and functions of the Hoard of Adjustment. Staff Report: given by Frank Robbins. Mr. Robbins explained that he was bringing back the ordinance that was discussed at the prior meeting. He said the concerns were over section 35-48 of the zoning ordinance dealing with the Board of Adjustment. He pointed out page 63 of the back- up. He went over section A and pointed out that the words interested property owner wotild be deleted and it would say (an aggrieved person instead). That will be the same language used in tha State enabling legislation with respect to an Y appeal of an administrative officials determination. In Favc•r: none in oppositions none Mr. Cochran made the motion to approve an ordinance amending the zoning ordinance concerning the organization and functions of the Board of Adjustment. Mr. Norton seconded and the motion carried (4-0). XI. Consider a resolution concerning the Sentry landfill. Presented by Mike Cochran, Vice-chair of the Planning and Zoning Commission. Mr. Cochran said he and Barbara Russell worked on the resolu- tion together and submitted some suggestions for a resolution from this board concerning the sentry landfill. He stated these suggestions were probably not exactly what he had in mind but wanted to offer them up for the sake of discussion. He also stated he was prepared to make an alternate motion and provide a greatly simplified version of the resolution from the Planning and Zoning Commission and that it would be stated, and he would offer that up for discussion, that the Planning and Zoning Commission of the City of Denton goes on record as being opposed to the Sentry environmental landfill 'i f i I ~•s~ ~ `ti CITY= - rCOUNC i i i I .rte 7 ,Y e , 2 0 r . C' r- r-- w . MaNo GYO agasnltalf 4 I Q - ! a /62 CITY of DENTON, TEXAS 215 E. McKINNEY/ DENTON, TEXAS 76201 / TELEPHONE (817) 5668200 DATE: April 5, 1994 CITY COUNCIL REPORT :0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Allocation of occupancy fund reserves to match 1994 CLO a grant funds. JUMMM£NDATIQN Historic Landmark Commission recommends approval. li ! SUMMARY: The Historic Landmark Commission is requesting $23,470 to fund an inventory of buildings built prior to 1945 within the city limits of Denton The inventory will include a photograph, address, current ownership, year built and preservation priority: high, moderate, low. The primary purpose of the inventory will be to identify resources eligible for listing in the National Register, allowing the Landmark Commission to focus its energies on the most significant properties, Survey data will also provide the basis for community planning activities, support tourism and economic development programs. It will also facilitate the coordination of federal undertakings in our community such as Section 106 review, specifically through the Community Development Program's rehabilitation and demolition programs. The preservation officer will also be able to better serve the public by providing information on historic properties and protecting properties slated for demolition. The information e; will assist the Landmark Commission in making well reasoned decisions regarding local designation. This project is actually the initial phase in developing a comprehensive survey. Information in a comprehensive survey can be used educational for programs in schools and to develop a heritage tourism initiative. The survey can encourage investment in historic properties using Tax Act incentives, bringing economic benefits and outside dollars into Denton. The attached listing of other CIA grants in the state will give you some idea of the importance of this project: Denton was awarded the largest amount for FY 1994. ` .i ;r L } l~ Y i A~e~Gait~R ~~y'f 20~~7 BACKGROUND; This Project, along with the required travel to attend the annual CLO workshop, was approved for matching funds by the Texas Historical Commission. Because the CIA grant program is a reimbursement program, it is necessary to request the entire amount be allocated. The actual fiscal impact, however, will be only $11,735. I have spoken with City Treasurer Harlan Jefferson regarding the cap on the amount that be allocated for historic preservation and restoration projects. It is his opinion that this request would not exceed that limit. I have included a copy of the rection of the code that addresses the regulations for cities with a population of under 125,000. Once the funding match has been secured, we will release a Request for Proposal and retain the services of a consultant to do the actual survey work. The cost for the survey is based on an average cost of 110 per property, allowing us to survey 29227 properties, the number the Texas Historical Commission estimates we have within the city limits. The remainder of the funds allocated are for Commissioners and staff to attend the annual CLO workshop. Attendance is required for us to maintain our status as a Certified Local Government. Other CLO funded projects in Denton have been a brochure highlighting historic properties in Denton, a catalogue of the works of O'Neil Ford, and "Framework for the Future", a preservation guidebook. PB~iZ~,DEPARTMENTS,,OR~i q~Jp$ AFFECTED: Historic Landmark Commission, Planning Department, Hain Street Program, %7ommunity Development Program, other community organisations with a preservation mission, owners of pre-1945 property FISCAI4IP'ACT: $11,736 Li Reapec ully sub itted: P epared by. Lloyd V. Harrell City Manager J" Biles, fi nager Main Street Program Ap rovgo ran bin s, A I C P Executive Director Planning and Development E QQ Apndaho n aaten~~s~~ A~6 d we PAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201 , TEXAS MUNICI CITYof DENTON MEMORANDUM DATE: April 1, 1994 Lloyd V. Harrell, City Manager T0: operations// , FROM: Harlan L. Jefferson, Director of Treasury SUBJECT: HOTEL OCCUPANCY TAX RESERVE FUND 1 contributions to the City of Denton's Hotel I We have been making ears. Two different occupancy Tax Reserve Fund for several y. to the reserve situations resulted in contributions being all of fund. The first situation signedenewnag1990. At reement that s occupancy the City Of they < the Lslor Fund recipients see Denton which identified the portion of the hotel were to receive and t percentage services ofthey were the to hotel pro occvideup. Thy tax was or. For remaining recipients, their p The gradually reduced to 951; of their occupancy anty iginalTaxamount Reserve Fund. 5% was placed in the Hotel Occup agency. attached table identifies the percentage reduction by The expiration of the City's contract with the Greater StQam nFlant 1 council (GDAC) for the renovation of the old City contributions to be ond situation that caused Since 285y% resulted the the ve fund. The cont act required us to pay 14. made to the reset tax collected annually to the GDA~BViously of the hotel occupancy ancy tax pr the March 31, 1992 the portion placedfinto theereserve fund the s reserve the given to the GDAC was s p fund currently has $127,655 in i~ ximately fore$162cast These funds fiscal year it will contain app State are still Subject to the expenditure limitations outlined by I law for hotel occupancy tax use. uestions or comments, please do not hesitate to i if you have any q ` contact me. 1 HLJ$ch AFF0096H 8171566.8200 D/FW METRO 434.2529 i ` ~ry v f qu PO ! n~ardaNo _ i~., F y o gOTEL OCCUpANCY TAX ALLOCATION Oct. 90 Oct. 91 April 90 to to to March 95 Sept. 90 Sept. 91 Agency (98# of Base) (958 of ease) Denton Chamber of 40.7143% 42.85718 42.0000$ Commerce Denton County 12.3200% 11.9429% Historical Museum 12.5714$ Denton County 1.6800% 1.6286% Historical Foundation 1.7144% fan. 51 aan. 92 April 90 to to,: to Dec. 91 Dec. 94 Dec. 90 (98% of Base) (9$$ of Base) Borth Texas 14.0000% 13.5714% Fair Association 14'28578 Oct. 90 April 92 April 90 to to to March 95 Sept.' 90 March 92 008 of Base) (100% of Base) 14.2857$ 14.2857% GDAC 14.2857$ 14.2857% 0% GDAC (Bldg) 14.28578 .J AFF0096B i 1 i T h; k r i a E OpT ~JLj-Ol a oS~'py9 161 9 Ar r 1 1 Cl'RT15 Tl ~~}'.l.l. C\L'fLT1~F. niRL~Tr~R C ONIMISSI~ N TORICAL ie! TEXAS HIS iRLLAYTx, F~Xi n! Mws irELEF!IO~Ci S~:in!-n11wi V.U. BUX 1237h APSTIV, TLAAS ie71L::'h 22 February 1994 lane Bites Planning Department City of Denton 215 East McKinney Denton, Texas 76201 RE: Historic Resources Survey for Denton using CLG grant funding Dear lane, Government's This letter conveys preliminary approval for the City of DentonDeCuenp n SLocal funded presen ation 11735. request for a F1,1994 grant-in-aid tnr01Q; f the FOf $ Y1994 Certified Local ~ti'eryrter+t Grants. projects appear on the enclosed APP of work. please of any necessary changes in the proposed budget or scope about this check with me or VAS Arellano, Grants Administrator, for iclarification ce, a formal award letter and contract by the National park Service, before We will inform you rocess should be finalised allow your approval projects to of a project Notrftcarior: in April to will be forwarded to you. This p pry, The terms of the grant preclude reimbursement for activities or expenses occumng the contracts are signed. the spring 1994 As you may have noticed, grant awards include travel money forattending workshop building 'kshol will at THL's annual Preservation with o f keynote session from a na o a11y known code code issues for preservation projects, local examples of success or failure tocthiis Bring ffiial consultant and case studies from., ou we also e~~u rage, you to include your local building informative and challenging in plans to attend the workshop. of our community's historic We applaud your decision to initiate a comprehensive survey Y ant properties. Survey will be to identify resources eligible for listing in the resources. The surveys primary purpose allowing you to focus your energies on the most spportt tourism and gnomic National Register, planning activities, suppo will also provide the basis for community n s in our community. development programs, and facilitate coordination rates reseNati~n planning yinto the decisions ' gSectton data provision of this information allows you to the city preservation for the day to day management of the city. Having this information will aHUD required most s ifically through 106 review for all undertakings receiving federal funding, P~ essential in preparing well reasoned rehabilitation and demolition programs. This information is ql e State Agency for Astortt Pre<ervatiort • 4 r ! t I i u 110011ti~bi0~ • AgenGaltem q~ 21 Pebivary 1994, Denton Historic Resources Survey, page two Rate d ~I arguments for historic designation and protection of properties on the national, state or local level. In addition, the information generated by a comprehensive survey can be used to enhance local school curricula or develop a sophisticated heritage tourism program. Such programs often bring economic benefits to the area by encouraging investment in historic properties through Tax Act incentives for restoration projects and bringing outside dollars into your local economy. We fully support your ongoing efforts to foster public recognition of historic resources in your community. Documenting your resources would be a significant step towards their presen•ation. We hope this grant funding will enhance preservation efforts already underway. If further questions arise, you may reach me directly at (512)463-6046. Sincerely, Bruce D. Jensen CLG Grants Coordinator Enclosure T f y r r- ~5 k; rt:?r _ U- .9y HANDOUT 2.0 - APPROVAL OF FY1994 CERTIFIED LOCAL GOVERNMENT GRANTS COMMUNI AMOM O]ECT DES 3999 ATASCOSA COUNTY $ 4,150 Initiate phased survey of historic resources; travel to CLG workshop ($400) CRY OF BEAumomr 6,600 Continue phased survey of historic resources; travel to CLG workshop ($600) CITY OF BRYAN 3,810 Prepare design guidelines for commercial historic district; integrate survey data into Geographic Information System CITY OF CORPUS CHRISTI 5,600 Continue phased survey of historic resources; travel to CLG workshop ($600) CITY OF DALLAS 3,750 Prepare brochure on tax incentives for historic commercial properties CITY OF DEN70N 11,735 Initiate phased survey of historic resources; travel to CLG workshop ($600) T CITY OF FORT WORTH 4,100 Prepare feasibility study for historic African American neighborhood; travel to CLG workshop ($600) CITY OF GEORGETOWN 1,250 Produce educational brochure on historic cemeteries CRY OF GRAPEVINfi 6,000 Complete phased survey of historic resources; produce multiple property nomination to the National Register HAYS COUNTY 5,735 Continue phased survey of historic resources in rural areas of county; prepare educational publication on local Hispanic heritage; produce heritage tourism brochure for Dripping Springs CITY OF KINGSVILLE 2,020 Develop slide presentation on historic resources r' in ethnic communities within city; travel to CLG workshop ($600) CITY of LUeaocx 4,920 Prepare preservation curriculum for local { school system; travel to CLG workshop ($600) (over) } f Y Y ? AA9rdat,o _ 9 N-0l6 Arc COM1yUN171 tifOIJNf PROJECT DfSCRI t''TION M 00~ CRY OF MANSFIELD $ 455 Travel to CLG workshop CITY of NACOGDOCM 600 Travel to CLG workshop NUECES COUNTY 1,600 Prepare National Register nomination for Federal Courthouse CITY of PALESTWE 1,735 Produce preservation seminar; produce heritage tourism brochure for North Side; integrate survey data into computer database; travel to CLO workshop ($400) Crr of PLANo 4,000 Produce guidelines for infill housing in historic areas of community CITY of ROUND ROCK 3,504 Prepare neighborhood preservation plans for historc area of community CITY of SAN ANToNto 1,700 Conduct survey of historic resources in Dignowity Hill; travel to CLG workshop ($600) CITY of SOCORRO 4,136 Prepare guidelines for affordable housing in 1 historic district; develop preservation plan for Rio Vista Farm complex I TOTAL $77,400 NOTE: The City of El Paso, the City of Ennis and Newton County did not request grant funding in Fiscal Year 1994. Projects proposed by the City of Abilene, the City of Arlington, the City of Elgin and the City of San Marcos are not recommended for funding. i r -i t f 1 VWS N4 AgMdai r . l Q Of'Q ects or activities." A city may, however, allocate up to 50 percent of the hotel occupancy tax revenue for historical restoration and preservation projects if it does not allocate any of the hotel occupancy tax revenue for convention center facilities or if it adopted an ordinance before October 2, 1989, calling for an expenditure of over 15 percent of the hotel occupancy tax revenue for historical preservation or restoration activities n Finally, if the city levies a hotel occupancy tax rate in excess of four percent, it may not spend more than 55 percent of the revenue from the portion of the rate which exceeds four percent for constructing, improving, enlarging, equipping, or repairing the convention center complex or on bonds to accomplish this purpose." C. Cities With a Population of Less Than 125,000 ` The rules for allocation of hotel occupancy tat revenue for cities with a population of less than 125,000 similarly depend on the hotel occupancy tax rate adopted by the city. If the city adopted a hotel occupancy tax rate of not more than three percent of the cost paid for a room, at least one-half of one percent of the cost of the room which is received by the city in the form of hotel occupancy taxes must be spent on advertising and general promotion of the city and its vicinity." If the city adopted a hotel occupancy tax rate of more than three percent of the cost paid for a room at least one percent of the cost o[ the room which is received by the city in the form of hotel occupancy taxes must be spent on advertising and general promotion of the city and its vicinity." Neither of the r -uirements regarding the percentage of hotel tax revenues which. ..rst be spent on advertising and promotion apply to a city which adopted an ordinance before October 2, 1989, and which allocates greater than 50 percent of the hotel occupancy tax revenue for one of the other authorized purposes." Such a city is permitted to allocate. the hotel tax revenues accordin "'tai dins c~until the ordinance expires, is repealed, or untilthe"r. u~a f~olbnger~aW~ or those purposes in an amount in excess c(56 percen`t'ohhetaxreYenue. i MAR f 25 d x Cities with a population of less than 125,000 are also limited in Ierms 4per l of the amount of hotel occupancy tax revenues which can be spent for arts programs, historical restoration and preservation programs, and !.t for work on convention centers. t First, these cities may not spend over 15 percent of their hotel occupancy tax revenue (or over one percent of the cost of a room, whichever is greater) for development or enhancement of arts pro. grams.10 Texas statutes, however, do iZ provide a fifteen percent limit for ex- penditures on historical preservation or restoration projects or activi- ties for cities with a population under 125,000. It is reasonable to conclude that there would, nonetheless, be a maximum of 50 percent which could be spent for this purpose. This conclusion is based on the statutory provision allowing a city only in certain instances to allocate up to 50 percent of the hotel occupancy tax revenue for historical pput)wses." Therefore, there appears to be clear legislative intent to limit expenditures for historical purposes to a maximum of fiftypercent of the hotel tax revenue collected. Finally, if the city levies a hotel oocupancy tax rate in excess of four percent, it may not spend more than 55 percent of the revenue from the portion of the rate which exceeds four percent for constructing, improving, enlarging, equipping, or repairing the convention center complex or on bonds to accomplish this purpose." XIV. Delegating the Management of Funded Activities The governing body of a city may by written contract delegate the management or supervision of programs and activities funded with i revenue from the hotel occupancy tax. This delegation can be made to a person, another governmental entity, or to a private organization." The delegation of this authority is often made to the local Chamber of Commerce or Convention and Visitors Bureau.Asampiecontractfor delegating the management of these activities is available upon request I from the Texas Municipal League. There are a number of procedural } requirements which the legislature has recently imposed on entities which undertake the management of activities funded by this tax. It ie 1 26 a' I } , i. ro+ii. i 5 MAR-21-94 MO N 1 3 3 3 3 T H C P.02 Certitled Local Goveram at f~ - and Local Government pressernation Commission Seminar Holiday Ian Convention Center Hotel, 441 Rio Cotxho Drive San Angelo, Texas Thursday, April 28, 1994 HISTORIC PRESERVATION AND BUILDING CODES Designed to protect life, health, and public safety, building codes often pose challenges for the rehabilitation of historic buildings. This full-day workshop will focus on creative solutions designed to comply with the intent of building codes while respecting preservation standards. $;30.9:43 it. m, Overview of UhUbrm Code for Building Consemdon (Un(form Bultding Code) and Sranhrd &WIng BoUding Code (Southern PulWing Code). Mel Green, Melvyn Green and Associates, Torrance, California. 9:45 - 10 Break 10. 11:30 Application of codes in preservation projects; compliance with local and federal government regulations; disaster planning. Mel Green. 11:30 - 12 Qaeat+':,rs and answer session 12. 1:30 p.m. Lunch Buffet, 'Highlights of 1993 CIA Projects, 1:30.3:15 Case Studies: Ada&Alon of historic Mouse for Group Home, Explores the issues encountexod in complying with city of Marshall local building codes when adapting a single-family house, for a children's group home. Norm:n Alflun, Norman Alston Architects, Dallas. Wiadsori ilton Hotel. Discussion of code compliance when rehabilitating a multi-story historic hotel in Abilene, and coordination with state representatives for tax credit approval. Tony P.eds, Good, Fulton, do Farrell Architects, Dallas. Gran Onlted Methodist Churcb. Review of code compliance issues In a historic church rehabilitation in the Dallas. Larry Irsik, ArchiTexim Architects, Dallas. s P. 03 r MAR--21--94 MON 13134 THC WS# ` 4, ADA CompUnce for Commercial Properties. Short case studies addressing compliance with the Americans with Disabilities Act for small scale commercial buildings. Dick Ryan, Texas Main Street Project, Austin. 3:15.3:30 Break 3:30 - 4:30 Audience Participation: 'Bring Your Own Code Compliance, Project' A panel of architects and building officials comment on indivjdual projects several esides and present a brief discussion of the luoes~ e3 to bring ee Principal Speaker. Melvyn Green specializes in the rehabilitatioa and restoration of historic buildings and structures. He is active in the development of codes and standards for existing buildings with an emphasis on materials conservation, especially terra eott=e~nc Ate, masons , and adobe. Green is a frequent speaker for the Federal Emergency Mana$ g My loll governments on code compliance sod disaster planning. A civil engineer, Mr. Green is active in the American Society of Engineers and a board members of the Structural Engineers Association of Southern California. His current preservation projects include rehabilitation of CusoCitydesigned , Nevadarce House in Los the Sn Gabriel Mission (c.1790) the FmAL les Golden Gate Bridge, and U.S. Mint In Lloyd Ange x ' Presented in "unction with the Texas Historical Commission's Annual Historic Preservaoon Conferer=. For Information on the CLO seminar call (512) 463-6044 or on the full i conference okntact the THC (512) 463-6100. LJ REGISTRATION Name CitylOrganiutlon Representing Daytime Phone , _ Snte Zip Addren_ Ciry_.___.__- Fee: CLO representatives $ Is Non-CLG representatives . S 50 (fee includes buffet lunch) Payment: Return form to: Texas Historical Commission, Local History Programs, P.O. Box 12276, Austin, TX 78731.2276 F :c TX I =C0UNC j dpocccccr o r a a - to r ~ ~ i y b r .Ver4aNo _S 40endaItorZQi55W--_ 1 April ~i1tfL39i__l~ CITY COltY^I1, AGEA'DA ITEM / V' TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager SUBJ: CONSIDER RESPONSE TO DENTON COUNTY JVDGS, JEFF MOSELEY'S LETTER REGARDING UTRWD "AT-LARGE" BOARD APPOINTMENTS RECOMMENDATION Exhibit I is a proposed let'-er to Judge Moseley responding to his letter of March 17, 1994. SUMMARY: There has been an ongoing difference of opinion regarding the appointment of the "at-large" County appointee to the UTRWD beard. The UTRWD Board believes the County "at-large" Board member should be appointed from a list of nominees that the Board submitts to the County. The County believes differently. The County is requesting the City of Denton's input on whether the City of Denton desires the County to continue to have a representative on the UTRWD Board. The main purpose of the "at-large" position, according to parties involved in drafting the legislation that created the UTR:rD, is to represent the unserved citizens of the region and to represent the water supply corporations on "participating" member vote issues. It seems appropriate that the Counties "at-large" board position should continue on the UTRWD Board. Since the water supply corporations that will be purchasing water from the UTRWD and the smaller communities that have signed up for and are obligating themselves for financing the water project believe the present method of ` selection of this board position beat protects their financial I interest, it seems appropriate that their desires regarding this position should be respected. The list of nominees that the UTRWD Board has forwarded to the I Denton County Commissioners is: Hugh Ayer • Former Mayor Pro-Tem, Denton ~~~JJJ Randal Davis - Manager, Argyle Water supply Corporation Jamea Dear - President, Mustang WSC - 5 years Donald Drury - Flower Mound Resident - 11 years Blake English - Secretary/Treasurer of Argyle WSC - 2 years Sharon Teter - Secretary/Treasurer of Bartonville WSC - 3 years Respe ully subm tied, Llo V. Harrell, Cit Manager Prepared by: R. V Nelson, Exec. Dir, of Utilities i is atlargej.aDS t 9 z v,RnJa'f, qtt April 5a9a9'i4tf_il. CITY CO Xll, AGENDA ITEM TO: MAYOR AND HEMBBRS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, :ity Manager SUBJ: CONSIDER RESPONSE TO DENTON COUNTY JUDGE, JEFF MOSELEY'S LETTER REGARDING UTRWD RAT-LARGER BOARD APPOINTMENTS RECOMMENDATION Exhibit I is a proposed letter to Judge Moseley responding to his letter of March 17, 1994. SUMMARY: There has been an ongoing difference of opinion regarding the appointment of the "at-large" County appointee to the UTRWD board. The UTRWD Board believes the County "at-large" Board member should be appointed from a list of nominees that the Board submitts to the County. The County believes differently. The County is regvesting the City of Denton's input on whether the City of Denton desires the County to continue to have a representative on the UTRWD Bcsrd. The main purpose of the "at-large" position, according to parties involved in drafting the legislation that created the UTRWD, is to represent the unserved citizens of the region and to represent the water supply corporations on "participating" member vote issues, It seems appropriate that the Counties "at-large" board position should continue on the UTRWD Board. Since the water supply corporations that will be purchasing water from the UTRWD and the smaller communities that have signed up for and are obligating themselves for financing the water project believe the present method of selection of this board position best protects their financial interest, it seems appropriate that their desires regarding this position should be respected. The list of nominees that the UTRWD Board has forwarded to the I`{ Denton County Commissioners is: 1 Hugh Ayer - Former Mayor Pro-Tem, Denton _J Randal Davis - Manager, Argyle Water Supply Corporation James Dear - President, Mustang WSC - 5 years Donald Drury - Flower Mound Resident - 11 years Slake English - Secretary/Treasurer of Argyle WSC - 2 years Sharon Teter - Secretary/Treasurer of Bartonville WSC_ - 3 years Respec u21y subm'tted, Llo V. Harrell, Cit Manager Prepared by: R . R. Nelson, Exec. Dir. of Utilities atlargej.a06 , JEFF MOSELEY C March 17, 1994 COUNTY JUDGE City of Denton 215 East McKinney Denton, Texas 76201 Dear Mayor Castleberry and Council Members, Over the past several months, the Denton County Commissioners Court has been attempting to appoint our Director of Public Works, Mr. Mike Jones, to the Upper Trinity Regional Water District Board of Directors. . The legislation which enacted the UTRWD, clearly states that the County shall appoint a membeF to the Board of Directors. However, the UTRWD believes that the County's appointee must be sele:ted from a predetarmiml list fubmitted to the Commissioners Court by the UTRWD. The Commissiomrs Court, and our legal stiff, disagree. It has always been the intent of Denton County to utilize our appointee to represent the best interests of not only the County, but also the cities which participate in the UTRWD. It causes us great concern that the public perception Is that the member cities do not want the County to have a representative on the Board of Directors of the UTRWD. The Commissioners Court aeons to know whether the City of Denton would like the Count to continue to have a representative on the Board. If the member cities do not want die County to have representation on the Board, then we may not need to make an appointment. His;orit,ally, Denton County has invested over $200,000 In the UTRWD, and was instrumental in seeing the District created in Austin.' V-Denton County Is going to'be able to eontlnue this partnership with the UTRWD, that we trust have the support of the member tides. Please inform the Commissioners Court through my office of your position regarding the County's appointee to the UTRWD Board of D'utictors, and instruct your representative to the Board of Directors to voice that position at the April meeting of the UTRWD Board of Directors. EXHIBIT I DENTON COUNTY COMMISSIONERS COURT 4 COURTHOt1WON•THZ41gUAR6 110 V. HICKORY • DENTON, TEXAS 7{101 • (617) 6444467 4 14004444106 UTRWD - Denton County Appointee Page 2 3ol'13 If it is the member cities' desire that the County continue to participate in the UTRWD, then the County will make every effort to negotiate the enclosed "proposed agreement" which has been offered by the UTRWD Board of Directors. As you can see from the proposed agreement, the UTRWD Board concedes that the County Representative does not have to be selected from a slate of nominees, and that only the second position does. Thank you so much for your consideration of this request, and please don't hesitate to contact the Court if you have any questions regarding this issue. rely, oseiey ton County Judge P.S. I have also enclosed a brief resume of Mike Jones, the Denton County Director of Public Works. .r JAM/sra enclosures cc: UTRWD Member Cities UTRWD Board of Directors and Officers Denton County Commissioners Court Mike Jones Carmen Rivera-Worley, Denton County Asst. D.A. - Civil Div. f; i .i _ f a e 1' 21"I" ER 7q''X'TY Rerlionol 11"ofer Di-NO'it'l v'Ul'f 270 1991 - callcw2t for 0 G.. ~O::;D 0: DTit:.CTCM; [ta}~t,G.:nyhin. The County would have membership standing similar to % "Contract MaIabcr". g.is Would have the right to participate in future solid waste or storm water projects of thu District on similar basis nn a "i~articinating Monbur". For Contract Members, the fArct exercise of this right must occur prior to June 1L, 1099. County Tt9rresentetive. Commissioners Court would appoint a rQpra:ontative to the Hoard of Director:. Normal standards (not an elected official, reside within Di:trict, and be a rogi.tered voter) for qualification of Board Members would apply. The role of this person is to represent the broad, regional planning interest (/!,t of the county, with special attention to solid waste. At-tarrtn Rsorejantative. A second appointee by County Commissioners will be selected from a list of nominees submitted by District Board of Directors. This second appointee will have a weighted vote on capital expenditures in like manner as "Participating Members". The role of this person is to represent Utilities and communities of Denton county not othorwise directly represented on this Board. Cos "nrtA C1P.?&19n L Regarding coct participation, full equivalent of "Contract Member" would suggest a Yee (50C/capita max.) based on all citizens outside city limits. However, the water supply corporations already pay on bshalf of some citizens in rural areas. Yet, it seems that the County would want to pay a fair shara of the cost of .administration and Planninq activities of thu District. One idea would be: a gradual transition, starting at a population basis of 4000, increasing at 4000 per year for 3 years. Participating menba:s pay a full pro rata share of Chu project in which they participate. Therefore, It County elects to participate in a solid waste or storm water project, county would E pick up its share of project costs. &Sr}@,IRt-nt.L Suggest an agreement be drawn tip that would be binding on both the District and the County. Both parties would represent that the Agreement is acceptable resolution of all :natta:rs in dispute between District and County. ett..densenee\bo~rOrep.~p~ Attachment 3 t ?gin TTY Rc~Jio1701 !""ter Di~'h*h-t July .7r 1991 wQs/~y51 0311Cd7t for ~.rJJ rj'7_ ^,,:C:.^,Dn:G 0; D?aL,CT=t4A lto7~ti.:nohin. The County would have membership standing si,uilur to .t "Contract Na,abcr". Rights._ Would have the right to participate in future solid waste or storm water projects of thu District on similar basis rs a "Participating Menbur". For Contract Xembors, the first oxercise of this right must occur prior to June 16, 1999. County Rq+resentative. Commissioners Court would appoint a ropraoentative to the Board of Directors. Normal standards (not an elected official, reside within District, and be a regi.terzd voter) for qualification of Board Members would apply. The role of thin person ii to represent the broad, regional planning interest 1 of the county, with special attention to solid waste. I~ ~J At-Laren Reore-entative. A second appointee by County Commissioners will be selected from a list of nominees submitted by District Board of Directors. This second appointee will have a weighted vote on capital expenditures in like manner as "Participating Members". The role of this person is to represent Utilities and communities of Denton County not otherwise directly represented on the Board. Ceet nnrti~~p„r.~3, Regarding co=t participation, full equivalent of "Contract Member" would suggest a fee (50C/capita max.) based on all citizens outside city limits. However, the water supply corporations already pay on behalf of some citizens in rural areas. Yet, it seems that the County would want to pay a fair share) of the cost of Administration and Planning activities of tho District. one idea would be: a gradual transition, starting at a population basis of 4000, increasing at 4000 per year for 3 years. r Participating Members pay a full pro rata share of she: project in wh.Lch tney participate. Therefore, if County elects to participate in a solid waste or storm water protect, County would pick up i_s share of pro}ect costs. ~gr~e.tq~n Suggest an agr eenent be drawn tip that would be binding on both the District and the County. Both parties would represent that the Agreement is acceptable resolution of all :!lattars in dispute between District and County. e: 1..drntonee\EorrGrrp.rgw Attachment 3 i 1 r A 4 •r • RAM" COUM G1URZi MI Amex *J41to COLWri ARS971s9 (111) 8Nda11 411 IL MtK M17 A910nMIS IPAYANA (117)118.4641 Ua nw, 7711 IL%n WrWAK%L AUM (917)1115.1619 Q LLWDW (ui) 9161117 IA3 (817)11646&1 ENTON COUNTY AUDITOR r- v<< "ES A. WBA CP.11 9k D, 56 it Memo Tos Conlaierioner acott Arlasy From: Jawes Wells, County Auditu Date. November 10, 1993 04 Ref Denton County Funding of Upper Trinity 31e91o1141 Water Authority sasessersse+■+sarrss•+ssrsr+■+usr+++++a+arsrsan+ss+su■rresa Per your request, I have researched the County's accounting records regordino the County's funding of the Upper Trinity Regional Water Authority. based on that research, County funding for this project is as follows) 1987 81000000 1988 S 0 1989 S 60,000 1990 8 19,000 1 1991 $ 310000 Total funding $210,000 I hope that this is the information you were wanting. Please let me knov if you need anything additional. i Mklbael Alan Jones f,L ~1~t ~p(y- 1017 Sean Court Hurst, rexas 76053 66 ¢'l3 (817) 589•2965 OBJECTIVE To obtain a middle or upper-love: engineering management position with a governmental agency. To continue in a position of pubic service with Involvement in the design and construction of water, sewer, drahiage, bridge and street projects. To secure a position which will allow consistent and adequate time for devotion to my family. SPECIAL - Ability to motivate and encourage others to develop to their full potential; QUALIFICATIONS Strong management and communication skins; Ability to organize, schedule and monitor progress of multiple projects; Excellent problem solving skills; • Adaptable to changes In direction, priority and schedule; and • Experienced In cost estimating s.id budgeting of construction projects. ` PROFESSIONAL City Engineer, December 1980 - Present EXPERIENCE City of Colieyvile Engineering Department Coleyvi8e, Texas Manage the daily operations of the Engineering Department, InvoMing the coordination, review and inspection of all development related activities; supervision of the design and construction of capital Improvement projects; and floodplain management. Responsibilities also Include preparing reports and briefings for the City Manager, the City Council and various commissions and 1 boards. ` Interview, select, train, supervise and evaluate engineering staff. Responsible for the pre;aratlon, administration and management of the Engineering Departments annual budget. i Project Engineer, December 1987 - Der ,mbar 1989 LJ Dallas County Pubic Woiks/TransportWon Department Dallas, Texas Managed k house design group consisting of four engineers, three draftspersons, and two engineering lechnidans. Supervised the design and preparatlon of construction plans, spedlicati.n•, contract docurnonts and right- of-way documents for bridge and culvert repwcerrhsnt projects and bond program projects which Included road, badge ar d storm drainsge Improvements for major thoroughfares in Dallas County. Supervised construction of some through project Inspectors. Responsibilities Included processing monthly estimates and payments, change orders, etc. Coordinated survey activitieslwork assignments of the county survey crew. Assistant project engineer for the construction of a post-tensioned, segmental, concreto box-girder bridge on Westmorelend Road over the Trinity River in Dabs, Texas i , p r{pi, ~FO k ua w S Project EngkeadManager, May 1982 • November}, -9L4 Teague Nag and PerWns, inc. Consulting Engines l1w 01 Fort Worth, Tex as Managed a design team consisting of four engineers and one engineering technician in the design and preparation of construction plans and specifications for water, sanitary sewer, storm drainage, channel and stroet facilities for various municipal capital Improvement projects and private residential, commercial and Industrial developments, ResponsibiWas also Included plaiting, grading plane, land planning, project feasibility studies, drainage studies, floodplainlfloodway analysis and the design of slormwaler detention facilities. Supervised the construction of same through a project Inspector. Responsibilities included al phases of contract admin sirstion. Design EngkeedProject Engineer, May 1918 • May 1982 Teague Nall and Perkins, Inc. Consulting Engineers For! Worth, Texas Dcsltn of construction plans and preparation of specifications for various municipal and development projects slmllar to those mentioned drove. Also, fesporWtAs for FHA grading plans, land planning, platting, feasiblides studies and drainage studies. Engineering, September 1973 • May 1978 EDUCATION Bachelor AM U fence, viio~a Station, Texas Texas s CONTINUING Urban Sto nwater Managemant, Onske Detention EDUCATION Texas Engineering Extension Service, Texas AdM University Urban Stwnwater Management, Applied Urban Hydrology Management Sciences, Inc. ` Urban Stomm+ater Management, Stomnvater Hydraulics Management Sciences, inc. Fbodplsin Hydrotcgy (UtrAiN the HEC•1 Computer Model) University of Texas, Continuing Engineering Studies Fbodplain Hydraulics (UQIng the HEC•2 Computer Model) University of Texas, Continuing Engineering Studies Procedures For Improving Traffic Safety in Work Zones Texas Engineering Extens}on Service, Texas AbM University f Time Management For Engineers and Managers School of Business and Pubic Administration, University of Houston NPROFESSIONAL • - professional Arnsikan Society CM Engineers, Member 1984 CREDENTIALS PERSONAL 38 years of age; married (15 years); three children References fumHhed upon request i i r ~J- O/0 bprdaNo S S b $O1 CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McK1NNEY / DENTON, TEXAS 76201 MEMORANDUM TO: LLOYD V. HARRELL, CITY MANAGER FROM: R.E. Nelson, Executive Director of Utilities DATE: March 31, 1994 SUBJ: CONSIDER RESPONSE TO DENTON COUNTY JUDGE, JEFF MOSELEY'S LETTER REGARDING UTRWD, "AT- LARGE" BOARD APPOINTMENTS SUMMARY: i There has been an ongoing difference of opinion on the selection process for the County "at-large" appointee to the UTRWD board. The UTRWD Board believes the County "at-large" Board member should be appointed from a list of nominees that the Board submits to the County. The County believes differently. The County ? is requesting the City of Denton's input on whether the City of Denton desires the County to have representation on the UTRWD Board. The following is a historical account of the development of the legislation for the UTRWD and specifically the LJ Board positions in question. When the legislation for the UTRWD was being developed in 1989, it was recognized that the best type of entity to serve the water supply needs of the County would be a municipal type tax exempt governmental subdivision of the state. The Iegislation was drafted so that the UTRWD would be governed by a board of directors appointed by and representing the members, Le., cities and Water Supply j Corporations that would sign contracts to receive water from the District. It was recognized that In order for the district to qualify for municipal tax exempt financing, that Water Supply Corporations could not have the same status as the municipal members but they could still contract for water, provided their percentage share of the project did not exceed IRS tax rules. Therefore, two types of membership were developed: 1) "cuntract" membership - for cities not yet participating In a project plus Water Supply Corporations who were not municipal political subdivisions of the State of Texas, and 2) "participating" membership - for r'. cities who signed up for and obligated themselves to pay for water supply and treatment projects. Participating members have a vote on the financial matters of projects plus general district planning and administrative affairs. Contract members have a vote only on general district planning and administrative affairs. 81715668200 D/FW METRO 4342529 s., . r.: { All Jii Page 1 g6 ~ However, with this arrangement, it %as recognized that the Water Supply Corporations, who would be signing up for and obligating themselves to pay for a water supply project, would not have a vote on their project. Therefore, it was proposed to add an "at-large" member to the UTRWD board who would represent and vote on projects for the Water Supply Corporations, plus represent the unserved citizens in the region regarding general water planning issues. It was decided during the drafting of the legislation that an "at-large" board member with appropriate expertise was needed to represent the interests of the Water Supply Corps -ations on project votes, plus represent the unserved citizens of the region on general water planning issues. It was decided that rather than have the other cities, the Water Supply Districts or even perhaps the Governor appoint this position, that the Board would provide a list of nominees to the County from which to select the "at-large" Board member. This suggestion had actually come from the Denton City Council and was accepted by all other cities, Water Supply Corporations and the County, ss evidence by their support of the draft legislation. In addition to this "at-large" member, the original planning committee recognized a possible need for another member to the Board in order to have a sufficient number on the Board to function properly since it was uncertain in the beginning stages whether there would be more than three or four cities ready to sign up. Therefore, a provision was placed in the legislation that allowed the UTRWD Board to request another position be added to the Board if they deemed it necessary. That position would be appointed by the Denton County Commissioners and would be a "contract" type member. When the UTRWD's Steering Committee's draft legislation was codified Into a bill at the State legislature, the codifers of the bill split the appointment criteria of these U two positions Into two separate paragraphs. Unfortunately the criteria regarding the UTRWD Board submitting a list of nominees to the County for their consideration was placed in the second paragraph which generally related to the possible future additional Board position. The wording of the two paragraphs is such that when read together in total context and because of the plural use of the word irectora, it Is clear that the UTRWD Board is to submit a list of nominees for the position that has been known to the UTRWD Board as the "at-large" position and the County is to appoint from that list of nominees. This Is the procedure that has been followed in two previous appointments in which Ann Pamykal and Al Utesch were appointed to the Board. The County interprets the wording of the UTRWD legislation differently than the UTRWD Board, the UTRWD attorney and the members of the original UTRWD Steering Committee who wrote the legislation. The County has indicated they, believe the wording regarding choosing an appointee from a list of nominees supplied by the UTRWD does not apply to the "at-large" board appointee. i f x .t • el ' Page 3~! y 106(3 Some of the UTRNN'D Board members and I understand some of the City Councils and Water Supply Corporations, are very concerned that only Board members from cities who have a financial obligation should be allowed to vote on projects and that in the case of the "a' .large" appointee, which has the right to vote on projects which affect project costs, that such an appointee snould at least be someone that the UTRWD board members have agreed upon. They note in their concern on this issue that the County is not financially obligated for any decision that the "at-large" participating board member mlght make. By State law the County can not provide water service. It should be noted, howevtr, that the County can provide solid waste services, which Is an authorized function of the UTRWD, but the UTRWD has not yet decided to enter that function. As Denton's representative on the UTRWD Board I have generally been II guided by the 1989 Council's recommendation that the "at-large" board position should be some one who is appointed by the County from a list of nominees that the UTRWD Board has submitted. This position seems to be supported by a majority of the present participating member cities on the UTRWD Board and since they are obligating themselves for the majority of the ;62,000,000 of proposed debt for the project, I have respected their concerns. The list of nominees that the UTRWD Board has forwarded to the Denton ,t County Commissioners Is: Hugh Ayer - Former Mayor Pro-Tem, Denton Randal Davis - Manager, Argyle Water Supply Corporation ` James Dear - President, Mustang WSC - 5 years Donald Drury - Flower Mound Resident - 11 years Blake English - Secretaryffreasurer of Argyle WSC - 2 years Sharon Teter - SecretarytTreasurer of Bartonville WSC - 3 years Respectfully submitted, R E. Nelson, Executive Director Department of Utilities Exhibit 1: Jeff Moseley's Letter of 3/17/94 II: UTRWD Legislation j K:IAPPS1WP511ATLARCE.A05 I ~I / k) nr rl: If ~3A S 1 i and politic, and a political subdivision of the state~ I'of 13 2 (c) The boundaries of the district are coterminous with the boundaries of the county plus the entire area in the boundaries of 4 any contract member or participating member, a portion of whose i incorporated limits is partially in the boundaries of the county as 6 those boundaries existed on the effettive date of this Acto 7 (d) An election confirming the creations of the district is 4 not reguiredo 9 SICTION So BOARD Of DIRLCTOR4. (a) The district is 10 governed by a board of directors.- A director may not be an elected 11 official of any governmental entity that has the authority to 12 appoint a member of the board. 32 (b) A director shall serve for a term of four years. 14 (c) Directors shall be appointed by the governing bodies of is the participants and the fontraet members It the manner provided by .o this Act, 17 (d) A director is subject to removal with or without cause 15 by action of the governing body of the entity that originally 19 appointed that member. 20 (e) The board has e4plusive authority to manage the district 21 under this Act, 22 190TION 6, 00"OSITION or BOARD. (a) The initial board 23 consists of the pariahs who served is the initial board of 24 directors of the Upper Trinity Municipal Water Authority, inc., a 25 nonprofit osrporation oreanised under the law of this state and is those persons who are appointed by those entities. that become 27 participant or contract members within two years of the effective d EXHIBIT it ,f, s 1 date of this Act, i2 3 2 (b) each participant or aontraet member shall appoint one member to the board, and the county shall appoint one member to the 4 board, 6 (o) The county may appoint one additional member to the 6 board If the board determines that such an appointment is in the 7 boat interests of the district fnd that the direeeors to be a appointed by the county are selected from a list of nominees 1 4 submitted to the county by the beard. ' 10 (d) Those entities that contract with the district after two 11 years from the affective date of this Act are entitled to 12 representation an the board only pursuant to the rules established 13 by the board for the admission o! board members. 14 026T10N 9. VOTaa Or DIUMIS. (a) Directors who are ,i appointed by the participants are entitled to vote on all matters I 1 all before the beard, ineludinq all projects to be considered by the 17 board in all service areas of the district, regardless of whether 16 the participant is participating in the project. it (b) A director who Is appointed by a contract member that is 20 not a participant is entitled to one vote on all ,eatters before the 21 board except these matters that requirs a weighted votso 22 (c) Votes concerning authorization of and financial } 23 commitments for capital projects shall be determined is provided by 24 this section, 25 (d) Bach participant that is receiving or that has i 26 contracted to resolve service or capacity, including that service 27 or sageity to be received as a result of the capital project then i i TY, s, . Agbada 'NYy 112 f ~A i under consideration, has one vote for each lour m"illien gallons! r 2 day, or portion of that amount, of service or capacity for which e the participant has contracted with the district, The amount for ' 4 which the participant has contracted shall be determined by taking 5 into account any water treatment plant capacity in which the member I 6,' is participating, any wastewater treatment plant capacity of the 7 district in which the member is participating, or any raw water ' S supply for which ths.member has oentracted with the district, or E 9 any combination of the foregoing, I ! 10 (e) lath participant with a population of $0,000 or more as 31 determined by the most recent federal decennial census is entitled 12 to one extra vote that may be cast on those matters reguirino a 13 weighted vols. 14 (t) Participation in capital projects financed by the It district through the issuance of special facility bonds entitles that entity to be classified as a participant, but does not entitle 17 that entity to receive any credit toward the four million gallons ri 1S per day of service o= capacity standard established in Substation 19 (d) of this section. 20 StCTiON TIRMS Of OrriCi, (a) Zxeept as otherwise 21 provided by this Act, the initial directors shall stave staggered 22 terms in accordance with the procedures to be adopted by the 23 initial board, but an initial director may not be appointed for a ' 24 term in excess of tour years, as (b) lath director, other than an initial director, shall 26 serve a fourayssr term. I 1 27 (o) Members of the board may serve consecutive terms, i ! 6 i ~.=C ITY= COUNt r Y l ~r I ~ = I I I i I I I i 1' i z E t Agenda No Agenda lte fnttpprectutfnn of ro-~ 'BILLY JACK J0031901M WHEREAS, on March 311 1994, silly Jack Johnson retired, after serving with the Water Production Division since February 31 1957; and WHEREAS, during the past 37 years, Billy Jack has represented our City in the Water Production Division as an example of a quality service employee; and WHEREAS, the City of Denton has been fortunate in having enjoyed the dedicated and outstanding services of Billy Jack and wish to recognize same; and WHEREAS, Billy Jack has always served above and beyond the hadpromoting efficient discharge the t full t respect welfare prosperity of th of his e City, h and duties earne fellow employees, colleagues and citizens of Denton; i THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES; That the sincere and warm appreciation of Billy Jack felt by the citizens and officers of the City of Denton, be formally conveyed to his in a permanent manner by recording this Resolution upon the official minutes of the City Council of the City of Denton, Texas and forwarding to him a true copy thereof as a token { of our appreciation. PASSED AND APPROVED this the eday of~ 1994. i BO CASTLEBERRY, MAYO i ATTEST! JENNIFER WALTERS, CITY SECRETARY BYs VED To LEGAL FORM! DEBRA A. DRAYOVITCH, CITY ATTORNEY i t eYt v e, I CITY= .COUNC I . o v • r r~^ i I r i' ApendaNe 9 ,T Aoatda;le DATE: April 5, 1994 Date i T0; Mayor and Members of the City Council PROM: Lloyd V. Harrell, City Manager SUBJECT: Two variances ~ropo ed3W-114 ofAddthe C iti ode of Ordirances regarding the RECOMMEN48T3,4tt~ royal of The Planning and Zoning Commission held omnm nd /g4 p both variances at a public hearing ~ Riney, owner I The variance requests were submitted by Mr. Harry corner of approximately 2 acres at the southwest let the of Woodrow and Morse Streets. Mr. Riney proposes to p property, To do so, Mr. Riney is dividing it into 9 residential lots. requesting two variances from th; standards of the tions, relative to privatedalleysl. and Land Development Re91 to locate alley entrances on fJ I in this case, the owner proposes and on Morse, Woodrow 310 ft. from the street inte The standard is 400 ft. 120 ft. from the same intersection. sified as since both streets areated the same as public arterial streets streets. i the are clasi Private alleys subdivision regulations. access arterial Mr. Riney also proposes that the alleys streets. 'Cho standard is no alley access to arterial streets. roved, all three varian sts In order f as tseet forthcinrSec. 34 70 of be the SubdivT a o and et. three criteria, must be m Land Development Regulations, criteria, and the Commission+s findings, follow: the request would not violate any master * _S: Granting gln~~as defined by Sec. 34-5 of the subdivision and Land Development Regulations. "The applicant's requests will not cause a violation of the Cltyps master plans" r: r i p~gr.n,a"2o Aqc~~ CRITERiA,_Z: The special or peculiar conditions upon which the request is based relate to the topography, shape, or other unique physical features of the property which are not generally common to other properties. "V is is a small, long, narrow tract of land. Also the prc;.)erty1's only access is to arterial streets, and placing the alley entrance farther west along Morse St. Is impossible, since there is only 145 ft. of frontage. Relocating the second alley entranca farther south on Woodrow St. would place it over the crest of a hill, making for an unsafe sight distance problem" CRITERIA 3; The Rpecial or peculiar conditions upon which the request is based did not result from, or was not created by, the owner's or any prior owner's omission, "The situation was not created by the current owner. The property has been in this configuration for several decades." BACKGROUND: Attached are Mr. Riney's applications for the two variance requests. Three notices were mailed out; at this writing, no written replies have been received, although the property • owner to the west verbally expressed approval. I Procadurally, under the one public hearing, there should be two votes, considering Article 9 (intersections) and Article 12 (alleys). PROGRAMS, DEPARTMENTS OR GROUPS AFFECTFn; All City of Denton departments. FISCAL IMPACT: None :espec fully submitted: r loy V. Harrell, 0 y Manager r; I St.r• \ iw'cr Ij a ?j r~ ~sr,datio 9Y_0 Prepared by: ay G. Owen Yost, ASLA Urban Planner Approved: i r WH.Wo'bi~gnsp AICP Executive Director Planning and Development . ATTACHMENT: • Location map. ` • Proposal. .h i , i 1 a, ~ , : 11xx00567 s , r- y* a: C• M I j--0tb ATTACHMENT 1 Woodrow Addition -r NORTH fo ~ q NOW 10 ~Ej DC] t © D 1 Q~ U ` I ADD 10 13 C=3 C3 OAK U, 416 4~ o oo►,~ Pw r Ii ►R.I ~ 'fir S PENUM \ YOIISE I("' Jill WILL I ~R I ` II f A? J ,p rIOVrJ~ r M1 Y AX ILE r61A r c ~A DR. W q^W +.o t I.~J ~1Y 1 Locallon Map Dates 3/3/94 Seale; None F. r % ~J y ATTACHMENT 2 L~ 5 cyK. 1 ~ ' ` r s « ST n h~~~ 3 RE j ~ va tsv ~°0`'Tav 3 ~ i " ITiD S•~~~ \f~ mow: 1 0 RDN ~aarl~. 4S 1 ~ ` II5 + LOT I I ' w • oT SPZEt 4000 SF '191 s . 1 # LO 2 ws { 1 tfE •F I QWD s I ~I LOT 3 1 ~I \ z J $ 6D Q oil ,1 P OT 4 24' PIA E. 4 I a~tr W L4T S Qv " I~ `~2 I ~ I I" j Y. T i t } 2 DRAF1 A~,i,'.}I Cf~~ MINUTES W19 PLANNING AND ZONING COMMISSION March 23, 1994 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held Wednesday, March 23, 1994. It began at 5:10 p.m. in the city council Chambers, 215 E. McKinney Street, Denton, Texas. PRESENT FROM P&Z: Chairman Engelbrecht, Mike Cochran, Richard Cooper, Dr. Mary Eveyln Huey, Katie Flemming, Dick Norton, Barbara Russell. ABSENT FROM P&Z: None PRESENT FROM STAFF: Frah!- Robbins, Executive Director of Planning and Development; Harry Persaud, Senior Planner; Owen Yost, Urban Planner; Mike Bucek, Assistant City Attorney; Gerald Cosgrove, Engineering Administrator for Water/Wastewater; David salmon, Senior City Civil Engineer; Cindy Cranford, Secratary. 1. Consider approval of the minutes of the March 9, 1594 meeting. Dr. Huey requested a change in the minutes. The minutes will be brought back at the next meeting. II. Consent Agenda: a. Consider approval of the preliminary plat of Lots 1 through 8, Block A of the Northwood Estates Addition. The 2.805 acre tract is located at the southeast corner J of Windsor and Old North Roads. The above item was pulled from the agenda. III, Woodrow Addition: r, ae Hold a public hearing and consider two variances to 4 f, Section 34-1140 Articles 9 and 12 of the Subdivision a.s and Land Development Regulations regarding alleys for `t the proposed Woodrow Addition, their separation from +Y the Woodrow Lane/Morse intersection and alley access to an arterial street. STAFF REPORT: given by David Salmon. Mr. Salmon reported that the petition had been submitted by j Mr. Harry Riney, owner of the approximately 2 acres of rea residential Streett.d The the will be platted into 9 Woodrow 1 Morse unplatted 1 nl t Y ~ s ~y_S _q lots fronting on Woodrow Lane. Both Woodrow Lane and Morse Street are arterial streets. The owner has requested two variances of section 34-114, Articles 9 (intersections) and 12 (alleys). Paragraph C of Article 9 states that intersections along an arterial street are required to be at least 400 feet apart. Alleys shall not have access to arterial streets. The owner has proposed alleys which connect to Woodrow Lane and Morsa Street and which connect to those street distances of 250 feet and 120 feet respectively from the intersection. Mr. salmon reminded the commissioners that alley connections, even though private, are treated as intersecting streets in the Subdivision and Land Development Regulations. The commission may recommend to the City Council that a variance be granted if the following criteria have been met: 1. The variances would not violate any master plans for the city. 2. The special or peculiar conditions upon which the request is based relate to the topography, shape, or other unique physical feature of the property. 3. The peculiar conditions upon which the request is based was not created by the owner's or prior owner's ommision. RECOMMENDATION: Staff recommended approval of the variance request because all thres the above criteria has been met. t Mr. Salmon said the proposed scenario is considered the best solution for the owner. Staff will discourage adjacent properties from using the alley so that the amount of traffic at the entrance will remain low. Mr. Cochran asked if there had been a traffic analysis done. He wanted to know if staff had taken into consideration that there would be a tremendous increase in traffic in that area because of the new school. Mr. Salmon said yes, staff had taken the increase in the traffic into consideration. Mr. Salmon explained that school traffic would not cause a continuous increase in the traffic flow. The traffic generated from the new school would only be a few hours a day in short increments. Mr. Engelbrecht assured the commission that he had brought the traffic issue up as another meeting. He said staff did look at the issue. in the future they are looking at linking that alley up to property on the east if possible. In tame the Morse Street entrance might be able to be closed since it is so close to the corner. He said he considered the possibility of one entrance on Woodrow Lane. Then you i ai ~w Y ^ Alf would subject all of those folks to only one entrap a and exit. Mr. Cochran asked Mr. Engelbrecht to define "someday maybe we can tie this up with the property on the east". Are there plans for development there? Mr. Engelbrecht said no, that is just a potential. Mr. Salmon said the area is currently zoned SF-7 to the west. If the zoning is not changed development would be very similar and they might be able to tie into a street in a neighboring subdivision. PETITIONER: Not present. IN FAVOR: None IN OPPOSITION: None Public hearing was closed. } Mr. Engelbrecht asked about a buried propane tank. He asked if the tank was empty and would it remain. j Mr. Robbins said the Fire Department is investigating the tank. Mr. Cochran said he felt like the development in the proposed area of town would be good, and might spark some further development. He said "it would be difficult for him to vote for a variance at this sensitive intersection". He said the rules that have been established in the City are good ones, and the burden of proof has been given here that would lead him to believe that the criteria given are reasonable enough to make him want to vote for a variance. Ms. Flemming said she felt the same way. She said the safety and the welfare of the people within that area is most important. She said she attended church in that area, and it is difficult to get onto Woodrow Lane from Morse Street. There has been several accidents in that area. She said she could not imagine the increase in traffic in the fail would make it any easier. Ms. Flemming said the only way she could vote for the variances would be if a traffic signal is installed. Dr. Huey said the owner is in a catch 22. Without the variances nothing can be done to develop the property. She said she recalled a similar yet different authorization the commission gave for the construction for a truck stop/filling station at the intersection of Loop 288 and McKinney that she felt would created a far greater traffic hazard. Aa ~ Sn r' I ti v F Russell said that going with staffs recommendation that owner had worked and chosen a chosen the best way to elop hie property and still work with staff. She said h the fact that there will be two accesses she would have hard time denying the owner the use of his property when he has done all he can to comply and staff has recommended approval. There is a need for developed lots in the city. Mr. Engelbrecht said the case was pulled two weeks ago, because he had asked staff about the variances that we did not have. He said he had looked at the case for a month, and had great concerns over the same issues, particularly the intersthe ection at there will be a way for people to move about and minimize traffic at that intersection. The traffic generated by the school will come at very specific times of the day, and residents will find a way to avoid that. He said he did believe that a light would be installed bt some point at Woodrow and Morse. He said he was in favor of the variances. Ms. Russell made the motion to recommend approval of the two variances to Section 34-114, Articles 9 and 12 of the Subdivision and Land Development Regulations regarding seconded motion proposed Woodrow Addition. alleys the for the (5-2). Mr. Cochran and . Mo. Flemming and were the negative votes. r III. B. Consider approval of the preliminary plat of toots 1-9, Block A of the Woodrow Addition. The 2.0015 acre tract is located on the west side of Woodrow Lane, immediately south of Morse Street. Jj STAFF REPORT: Given by Owen Yost. Mr. Yost reported that the 2.0015 acre site is located on the west side of Woodrow Lana, Directly south of Morse Street, The land is currently undeveloped and zoned SF-T. The owner has proposed 9 homesites, with a 24 foot wide private access easement providing rear entry access to all lots. Public improvements will include approximately 740 feet of concrete sidewalks and approximateey 2 fire hydrants, 600 feet of 6 inch wter line installed parallel to the 20 inch feeder line in Woodrow Lane. RECOMMENDATION: DRC recommended approval. Dr. Huey asked if the water line would be installed at the owner's expense. Mr. Cosgrove said no the 6 inch line would be installed at City expense. The developer would have to pay for the cost of all of the meters and the two fire hydrants. The initial was for the city to prevent Woodrow Lane from being cut up 9 I s I i XIT = =COUN( i I I i l i . r; • • Iy f w t w ApdaNo Agandalam. S DATE: April 5, 1994 R1tA_ REPQ TO: Mayor and Members i the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PRELIMINARY PLAT OF TATS 1 THROUGH 9, BLOCK At WOODROW ADDITION RECOMMENDATION: The Planning & Zoning commission recoauiended approval, 7-0, if both submitted variances are approved by the Council. SUMMARY: The 2.0015 acre site is located on the w9st side of Woodrow Lane, directly south of Morse Street. i Currently the land is undeveloped. It is proposed for nine homesites, with a 24 ft. wide private access easement pro- viding rear-entry access to all lots. The proposed lots average 9,368 sq. ft. r Two variances to Sec. 34-114 of the Code of ordinances, pertaining to alley access and intersection spacing, are to be considered immediately prior to this item. I I E In addition to the private access easement, a 16 ft. utility easement will be dedicated along the frontage with the final plat. Public improvements include approximately 740 ft. of concrete sidewalk and two fire hydrants. in addition approximately 600 ft. of 6" water line will be installed parallel to the 20" feeder line in Woodrow Lane, for customer use and fire hydrants. This will be installed at City expense. BACKGROUND: The entire site is in a single-family (SF-7) zoning district and no change is anticipated. It has been zoned SF-7 since zoning was instituted in Denton. Services and facilities, including water, gas, sanitary sewer, telephone, electrical, and solid waste, are available or planned for. The plat does not conform to the minimum standards of the Subdivision and Land Development Regulations; Chapter 34 of the Code of Ordinances. However, if the two variances are approved, the plat would then conform. i i I' • i ti . f{ C, IAra Ag,il,~ l -_.fR E? Ita . PROGRAMS. DEPARTMENTS-OR-GROUPS AFFECTE Property owner. FISCAL IMPACT: None. i Respect lly submitted, y V. Harrell, ci Manager Prepared by: 0. Owen Yost, A I Urban Planner ! Approved by: Frank H. R bins, ATCP Executive Director of Planning & Development t ATTACHMENTS: • P&Z Minutes. • Location map. • Preliminary plat. ;I J AK1lD0Y. I +J I uY ` !i f e ;e t P&Z Minites A; _'G7G :u 5 ~1 54✓_____ March 23, 1994 ATTACHMENT 1 r` Ms. Russell said that going with staffs recommendation that the owner had worked and chosen a chosen the best way to develop his property and still work with staff. She said with the fact that there will be two accesses she would have a hard time denying the owner the use of his property when le has done all he can to comply and staff has recommended :pproval. There is a need for developed lots in the city. Mr. Engelbrecht said the case was pulled two weeks ago, because he had asked staff about the variances that we did not have. He said he had looked at the case for a month, and had great concerns over the same issues, particularly the intersection at Morse. Given the two entrances there will be a way for people to move about and minimize the traffic at that intersection. The traffic generated by the school will come at very specific times of the day, and residents will find a way to avoid that. He said he did believe that a light would be installed at some point at Woodrow and Morse. He said he was in favor of the variances. Ms. Russell made the motion to recommend approval of the two variances to section 34-114, Articles 9 and 12 of the Subdivision and L:nd Development Regulations regarding alleys for the proposed Woodrow Addition. Dr. Huey seconded 1 and the motion passed (5-2). Mr. Cochran and Ms. Flemming were the negative votes. II. B. Consider approval of the preliminary plat of Lots 1-9, Block A of the Woodrow Addition. The 2.0015 acre tract is located on the west side of Woodrow Lane, itumediately south of Morse Street. STAFF REPORT: Given by Owen Yost. Mr. Yost reported that the 2.0015 acre site is located on the west side of Woodrow Lane, Directly south of Morse Street. The land is currently undeveloped and zoned SF-7. The owner has proposed 9 homesites, with a 24 foot wide private access easement providing rear entry access to all lots. Public improvements will include approximately 740 feet of concrete sidewalks and approximateey 2 fire hydrants, 600 feet of 6 inch wter line installed parallel to the 20 inch feeder line in Woodrow Lane. RECOMMENDATION: DRC recommended approval. Dr. Huey asked if the water line would be installed at the owner's expense. Mr. Cosgrove said no the 6 inch line would be installed at City expense. The developer would have to pay for the cost of all of the meters and the t!ao fire hydrants. The initial was for the city to prevent Woodrow Lane from being cut tip 9 I i P ~ h y ~f d Ldifferent times for water taps, since the water line is in iddle of the road. uey made the motion to approve Cochran seconded and the n carried unanimously (7-0). ORK SESSION: • Design guidelines STAFF REPORT: given by Harry Persaud. Mr. Persaud explained that staff had made changes to the Draft Design Guidelines following direction that had baen given to staff at the last meeting. Ms. Huey mentioned item 2 & 3 on Page 100 used the verb require. The issue at the last meeting was whether the word (should) was acceptable. She said the workd require would be more restrictive than the word should. Mr. Robbins said, that was the point. A person should be concerned with the word require while trying to communicate. He said he did not feel that the word (should) was as restrictive. He again pointed out that the guidelines were not regulations or requirements. Mr. Bucek said when a draft beccomes an ordinance, tt is an criminal violation if you violate that ordinance. An ordinance has to be able to stand up in a higher court, so you would use words such as shall. When you draft guidelines you are trying to give staff direction as to what are is more important. In a guideline that would be unusual for the commission to allow developers not to comply with { it, it could be appropriate to use the word require, because in 95 percent of the cases that item is not net the commission would vote no. If the guideline uses the word may, it lets staff know that item is a suggestion and they do not have to push the point if the developer does not want comply with that guideline. The wording of each item will give staff direction. Ms. Russell said that a legislative bill has definitions at the beginning. she said she would like to have definitions in the front of the guidelines. That way anyone would be able to tell that the word require would give that item higher priority. Mr. Cooper said he also thought definitions would be a good idea, He said he liked the idea of a checklist too. Future boards will have some guidelines to go by as to how the commission interprets the issue. Mr. Engelbrecht said the commission could advise staff to put together definitions for the guidelines and they would j i 1 j Woodrow Addition ATTACHMENT 2 crU 5 6~6 NORTH Nil Inon 00 00n ~0 coti R ~U D ,us r j C -1 PA Lull q rjDO11. © OAR --J~~LiII ~L er ~n=m ufl®vjogua o Om 13 ~d ° R. L. 42{ two l ~ sorN VIN ' SE ER;, Jf JC) ULJ YORE f { f { All, SI FE ~ F 3 r el IR lt[CRE WYfI l Y lRS pl. ' I' ~ ~v ~,~pr~ r tot G ~ v~ r I+' ~c L*Ql!on Map bate: 31"6 Seale: None I Y 7 r 2 Ads"•G~3 ~i6 9//y.~ ' Q~_Q _ lulll~_~`c,~~~~/.. ATTACHMENT 3 fi- - /e_ Woodrow Addition 6 or 6 NORTH mow` 4 1R0 ':Sf.~~` rSs ~ 1 '41.'1 s`S lq 1:r 143 1 1 LOT I 1 • n, a I I +1. +11s 1 \ l I1 1 ~ , LOT 2 ; ko SK (ONT( I .I LO! a li ~ 1 I 5v~v I Q v a I ` ! S OT 4 ;j~6 ! r 1 ~ r,w 01 /r( 1 ; ~ ~If 6 or 5 pG i 44 LOI p~'~~ p0 I I 1 i ~ a, i ` K c LOT T O 41~ 11 3 (k LOT 6 if I I IS L07 9 ( IOf LILf00 V I ~ I' ~ y f If s.aa~Jl'Y. t ilpOWN L%Nf. Zp VIOv Prellminary Plat Date: 3/3/94 Scale: None =CITY =COUNC 1 , 1 0 0 r e • *POW tt~.: l x Agenda No -D d AQendaNe a~___._`t`~`'~ CITY COUNCIL REPORT FORMAT ~te_ Y7 T0; Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Approval of a tax refund to Numed, Inc. RECOMMENDATION: _T T e ax epartment has mailed an overpayment Letter and an Application for Refund to the taxpayer. All completed forms and necessary TdocumentR echnician tion have been returned, requesting this refund which the Tax. recommends. SUMMARY: Tax Code requires the approval of Cha ter 31.11 of the Texas Property the governing body of the taxing snit for refunds in excess of A 500,00. Numed, Inc. has requested a refund in the amount of S 901.26 because they overpaid their account # 081332, BACKGROUND: Numed made a payment of $ 1208.54 on January 31, 1994. Tax records indicate payments of $ 1,208,54 against a tax base of A 307.98 which resulted in an overpayment. A tax refund is due. i PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tax account of Numed, Inc. FISCAL IMPACT: { $ 901.26 RLSPE ULLY SUB I TED: oy acre City Manager Prepared by: v ane c c ne er r Title Tax Technician Approved: i ame r erson Title Tr er 2633C/3 ~t 4 a u r j Scar. rropadr rn ea«e APPLICATION FOR TAX REFLJNU'li-at RefuneApprkaeon 21,11(4rs2l CITY OF UL,v ~,y I Collecting Office Namec Collecting Tax For: nib) DEMON, TEXAS T620f axm9 Address City, State, Zip Code - - In order to apply for a tax refund, the following information must be provided by the taxpayer. IDENTIFICATION OF PROPS OWNER: Name: N A1e . Address 1? D" ! 4'To4~ Telephone Number (if additional Information is needed): IDENTIFICATION OF PROPS TY: Description of Property s= R.~c'A L /'1 &e rY - f F r= rc t Ke •'t{T/o u yy1 uA11~foe 51Y`1 V0 r12.0y Address or Location of Property g 1~/ E ~lA, ytzs, rY DR V 2c Account Number of Property: 09/33 2- or Tax Receipt Number: INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for Amount of From Which Refund Which Refund Date of the Amount of Tax Refund Is Requested Is Requested Tax Payment Taxes Paid Requested OV 1.eIrv OTAftd 19 Q3 / .3J I193L t 30128 s %G~/~ .2(0 2. 19. 19- S $ 3. 19 / to- $ } A DJf2r Taxpayer's reason for refund (attach supporting documentation): AVFRPArD Tp t/2 TAX Brcc 12mg ,Q,ef NarJ Rf4 ;$r iPfeee,el D Of TNG o31~rtO/I Y/1f F'i 7', Tors PflYixf~IT CGUD£~ ,c Noce j ~J (FS . W hereby apply for the refund of the abov"eecribed taxes and certify that the information I have given On thlI form Is true and correct" ftt : Nu m 4 D /,uG / 44 ej.: _ Poi r3eyr 1O95~ ~fof Signs ur e Di 4,ra', TK Date of Applf Ix Refund _____..'Zb2CZ_ /v'GY._-__-______.._____ ..,____M......________________ DETERMINATION FOR TAX REFUND: Approval Disapproval Signature of Authorized Officer Date Signature of Presiding Officer(s) of Taxing Date Unit(s) for refund applications over So dlMfoNowln9PM+s~e~ 1. YeprMarwnentof AnyPersoawhomaMaahMeaMryupon tMforoga"tocoMshasbeeubliod loon* net more Man 10 years nor to" than 2 years ands a In* of not more thin 111,000 or boM arch IN and ' Imprisonment; 2. confine W" In Jell for a farm up to 1 year or s One not laoxceod 12.000 or boM such Ira and inlpleonmMl a1 eel j forth In Section 11.10, Penal Code. i MFUND 7111 t f F Y r AMERICAN BANK OF SHERMAN. Jl Q00M71 7 5 2 $NUMED, INC. 2011TD~O+IAPw . N0 P.O.00X1098 SHERMAKTDUS ISM - I DENTON, TEAS 76202 ee-Iw;nH A 3 It i**** ONE THOUSAND TWO HUNDRED EIGHT S 54/100 DOLLARS I i DATE AMOU4T iPAY 01/25/94 ******;1,208.54 TO THE ORDER CITY OF DENTON TAX OFFICE OF' P.O. SOX 2347 DENTON, TX 7620y21 001.3-3z .-r A - l NO5?528lf 4IL190L6I.54 410, 133:92201 rf00001208St,o' k i 71t_j J~y T Spp"rakpp'16tl34F g I N., . 1 i..y i. 4 < 1 f to k [99W 4 , € ft . 01 " 9 11 r1~+f:1 1 f'I t 1 1 rt fjft i, r, ti 9 a is I P. O V E R P A V M E N 7 5 REPORT FJOR05DW 03/17/94 Al 20:08 NAME ADDRESS AMOUNT 97ATU5 OF P. ACCOUNT NO. RECEIPT NO. BENTOAKS OR 37.39 OVERPAY 10334900000 93/06/09-0042 SMITH, JACK JR EMERSON LN 37.39 OVERPAY 029,30100000 93/06/09-0044 WILSON. JAMES D AYE S -517 13.47 OVERPAY X201300000 93/06109-0048 MORRt34 LAURA F r '`-'.901,26'OVERPAY E UNIVERSITY N 11111 1 Q~ too (IJI11,11, 141 111111 06133200000 93/06/11-00/8 NUKE 1N0 W UNiVERSIIV D 799.98 OVERPAY 91207400000 93/06/11-0023 TIRES, APPLIANCES d SERVICE OF DENT W SYCAMORE ST 37.39 OVERPAY 03402700000 93/05/11-0026 HARRISON, WiLLARO JR 577.98 OVERPAY 03686300000 93/06/11-0032 LVB8ERT, VERL C ETAL JAGOE ST 37.39 OVERPAY 03604000000 93106/11-0034 ODOM. HAROLD 9 3 BRADSHAW ST, .82.99 OVERPAY 03332200000 93/08/11.0037, KUYKENDALL, JASPER SMITH ST 0.97 OVERPAY 02064700000 03/06/14"0008 JACKSON. ROSIE • IRA WILLIAMS MILL POND $7 3.99 OVERPAY 03104000000 93/06114.0026 SMITH, RAUL W BOLIVAR ST 37.39 OVERPAY DEZ, 03043100000 93/08!15-0012 HERNANI GLORIA REDWOOD PL 37.39 OVERPAY 02687200000 93/06/15-0014 FARMER, DANNY E WESTCHESTER OR 68.28 OVERPAY 02140600000 93/06/15-0016 ROBERT S. DELOYCE E E MCKlNNEY ST 300.89 OVERPAY 91389400000 87/06/16-0003 JESW000 OIL N LOCUST $T .0 .20 OVERPAY 11377000000 93/06116-0009 YALOE2, R PND MISTYWOOOLN 0:62 OVERPAY 03099300000 93/0$!17-0008 IMRIE, CRA90 M 30,161.43 TOTAL OF OVERPAYMENTS 0.00 p V ~ [ ~ Z cbID $a`~rsi 1 M Al. I =CITY-- COUN( I I i rr~ i i i \ r 0 e , ll\ Y 41 V'~4 rrrcccccr ~1 . i Ape+MaNo -D/d S'C,c~ CITY COUNCIL REPORT FORMAT Ageedaltem TO: Mayor and Members of the City Council-te FROM: Lloyd V. Harrell, City Manager SUBJECT: Approval of a tax refund to Lomas Mortgage Co, for Frank R. Kemerer RECOMMENDATION: The Tax Department has mailed an Overpayment I,etter and an Application for Refund to the taxpayer. All completed forms and necessary documenta- tion have been returned, requesting this refund, which the Tax Technician recommends. SUMMARY : Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the tax unit for refunds in excess of A 500.00. Lomas Mortgage Co. has requested a refund in the amount of $ 1,362.33 because they overpaid Mfr, Yemerer's account M 075009. BACKGROUND: A title company made a payment of A 1,362.34 on October 28, 1993 and Lomas MortPaye paid R 1,362.33 on nec. 17, 1993 for xfr. Kemerer. Thts resulted in an overpayment of R 1,362.33. A tax refund is due. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: 1 The Tax Department and the tax account of Frank R. Kemerer { FISCAL IMPACT: $ 1.362.33 RESP FULLY S ITTED' -Lldyd'V. arre City Manager Prepared by: w ame c c ne eer - Title Tax Technician Approved: 7a , f, Name ar eron Title Tr er 2633C/3 i j 4 Y 3 r i i 1 Our* Poop" Tom k&d nehmd ApPkOM .1.1101/12{ APPLICATION FOR TAX REFUND `j Collecting Office Name Collecting Tax For 6 1 P DENTON. 1 ERAS '/6201 (Taxing n >a Address City. State. Zip Code In order to apply for a tax refund, the following Information must be provided by the taxpayer. IDENTIFICATIOV OF PROPQRTY OWNER: Name: k~4Al K S~Yt f 4ER- yo~l 6 Zo Address .4'1 IM-R9,t_~;&t~ll GtL / Telephone Number (if additional information is needed): IDENTIFICATION OF PROPERV: Description of Property, o&fs?~2~z f •~~5- Address or location of Property ff Q) ° Account Numbw of Prof ert; n Oo~ or Tax Receipt Number: INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for Amount of From Which Refund Which Refund Hate of the Amount of Tax Refund Is Requested to Requested Tax Payment Taxes Paid Requested 1. o g / to jj3 = 136a• 34 $ 2. r 19 /a-17 / 19 ~ r, Af AS Taxpayer's reason for refund (attach supporting documenlationk 04 /l fL~ &-goA ~a '~/O lr~erao 6ts CBNmove i x is r - c f c ad V15 #44aL ~OR 09. 41 0Cr) U 4L T ~!J!/f S "I her a r e end of the abovedWribsd taxes ano certify that the Information I have given on this form Is true and correct" toi*141 /W r04A - \U ,o ff PD,l3of4Fb12Z. uret~RS~ f Date of Application Tax Refund --------------------------------t Asa- V?? DETERMINATION FOR TAX REFUND: Approval Disapproval Signature of Aulhorized Officer Date Signature of Presiding Officer(s) of Taxing Dais Unit(s) for refund applications over =500 i Any panes who mshss a fates en" up" Me Welto4n9 meerd shall be subod bona of the IaNevAn panaMlaat 1. INYVIO "d of net mon firm 10 Yawn nor Was than ! yawn and/or a Ilna al not nron 2MA IS-000 er 100411 wxh 8" pad Impoisom"t; 2. canfinamanl In )all br a farm up b 1 year or a fine not to oxeaed $2,000 or WON eu0h Me and Meprla0rwrwnl Of all tooth In See*" 21.10, 1" Coda. wuNC r~.ii i z .1 "s F. REPORT FIOR05DW 03/18/94 AT 19:56 O V E R P A Y M E N T S PA ACCOUNT NO. RECEIPT NO. NAME ADDRESS AMOUNT STATUS OF PA. 90279200000 92/04120-0019 THE VILLAGE LAUNDRY W UNIVERSITY D 199.80 OVERPAY 03341800000 92/04/28-0313 SHIFLET FINANCIAL CORP ETAL S ELM ST 67.42 OVERPAY 10433400000 92/041111-0363 POFF. DENNIS R PENNSYLVANIA D 957,28 OVERPAY 02226600000 92/05101-0409 STAFFORD, CHARLES A 10.00 OVERPAY OB271400000 92/05/01-0607 FOLSTADT, ROBERT H SR ETUK VIDA E MCKINNEY ST 30.00 OVERPAY - 02730900600 92/05/02-0150 KNIGHT, BILLY M RIDGECREST CA 43.63 OVERPAY 03078100000 82/05103-0328 BEDNAR, LADISLAV F CRAIG LN 423.97 OVERPAY 03142300000 92/05/03-0412 POWELL. JAMES D CACTUS CA 314.14 OVERPAY 02249100000 92/06/08-0025 LIPSEY, JOE P BELIEMEAD DR 4.50 OVERPAY 02450000000 82/06/23-0007 WELLS, DAVID M LOCKSLEV. LN 1.81.. OVERPAY 08440200000 92/07/01.0007 OENTON AUTO AUCTION 'W COLLINS ST 3.42 OVERPAY 02837800000 92107/07-0011 WALDROP. JACK E ASPEN OR 264.63 OVERPAY 02268900000 92109/03.0023 MINTER, FLORENCE PARK LN 10.00 OVERPAY 03398600000 92109/10-0006 JOHNSON, JOHN C ULAND ST 1.06 OVERPAY 09939700000 92/09/10-0007 MR GATTI'S N315 N AVE 6 354.65 OVERPAY 90152100000 92/09/10-0000 MR GATTI'S N314 W UNIVERSITY D 464.49 OVERPAY 50348300000 92/09/30-0002 MILLS, C T FORT WORTH N 2 17.09 OVERPAY 90164600000 91/09/30-0003 SKANDIA ROOF TILE INC N ELM ST 530.27. OVERPAY .50334300000 92/10/02-0005 XONKRIGHT, RONALD TEASLEY 0100 L 1.00 OVERPAY 09939700000 92/10106-0016 MR GATTI'S 0315 N AVE 8 71.2t OVERPAY 03467500000 92/10126-0003 FOWLER,' EUGENE F ROSELAWN OR 1,00 OVERPAY 10511100000 92/10/26-0017 WALKER, DONALD L/OOVLE PAT TEASLEY 0175 L 21.12 OVERPAY 50334300000 92/11/02-0012 KONKAIGHT, RONALD TEASLEY 0108 L 36.31 OVERPAY 03444900000 92111/02-0027 WILLIAMSON. WILLIAM J WESTGATE OR 1.43 OVERPAY j 90152100000 92/111'04-0008 MR GATTI'S 0314 W UNIVERSITY D 71.21 OVERPAY 02950t00000 92111/04.0013 FRANKLIN, ROBERT J E SYCAMORE ST 164.93 OVERPAY 9002291;0000 92/11/30-0008 BECKS AUTOMOTIVE SER A TRANS N ELM ST 5.64 OVERPY 07628100000 92/12lOt•0003 FEAGINS, RONNIE L N WOOD $T 44.06 OVER►N 60334300000 91!12/01-0003 NONKRIGHT RONALD TEASLEY 0108 L 36.31OVERPAY 90162100000 92/12/03-0004 MR GATTI'A0314 W UNIVERSITY 0 71.21 OVERPAY 50334300000 93/01/01-0007 KONKPIGHT, RONALD TEASLEY 0108 L 38.31 OVERPAY 09939700000 93/01/04-0002 MR O'TTI'S 0315 N AVE B 71.21 OVERPAY ! 03635500000 93101/21.0186 O'REAR, O W BERNARD ST 2.00 OVERPAY , 60331300000 93/02/02.0140 KONKRIGH7, RONALD TEASLEY #109 L 36.60 OVERPAY 80152100000 93102/05-0044 MA GATT11S 0314 W UNIVERSITY 0 71.21 OVERPAY 08440200000.93/02/23.0064 OENTON AUTO AVOTION W COLLINS ST 24, 00,OVEEPAV ; $0334300000 83103/06.0032 r1IttONXRIG47, RONALD TEASLEY 0108 L 60.00 OVE PAY 1464760000093/03/06.0168 ALLEN, WAYNE 8 LISA ALLEN £ WINDSOR ST 65.21 OVERPAY 14648700000 93/03/06-0171 ALLEN, WAYNE d LISA ALIEN 9 WINDSOR ST 65.14 OVERPAY 11615600000 93/03/07.0072 GLEN COOPER LTD 14.67 OVERPAY 11535700000 93/03/07-0073 GLEN COOPER LTD 15.49 OVERPAY 033448g99900000'.93/03/08.0061. GIBBS KATHERINE A PIERCE ST 6,71 OVFt~I11PAk 01640;00000.93103%13.0269 BATES,,CLBNFONST MOHICAN AV t70~01~ OVWAY ' 111400600091103/14.0247 'SIMMS. MINOR WHITE OAK ST 269.44 OVERPAY 21972000000 93103/17-0081 OAAVIS, TERRANCE AUTUMN OAK OR 30.36 OV PAY lAah a A3/03/17.0701 NEYEROD. PRO 9f111 DR 41 O < R CA €EA 1D30d5000D0 93/03/29.0180 MCINVElST two SHADOW TA 41.t3 OVERPAY 11260600000 93103129.0018 HARRIS; PATRICIA TEASLEY # 87 L 6.41 OVERPAY - 18687900000 93/03/00.0006 SWAIN, WILLIAM WELLINOTON OAK 196,18 OVERPAY 'U~al~z~~~afl>~ i, s. } ,A 031111/1994 CUSCHECKI CHECK DETAIL INQUIRY 09:58:52 PAGE 20 REQ. CHECKO: 2783244 STATUS: CLEARED 12/21/93 CHECK DATE: 11/29/93 ***MORE PAYEE NAME: DENTON CITY ADDL PAYEES: j DISB TYPE: REGULAR TAX MAILING ADDRESS CHECK AMT: 191,938.62 TAX COLLECTOR REF: 052190CH 93328 MICR#: 2783244 .5 E MCKINNEY DETAIL ITEMS: 424 -0 BOX 2347 SEL ITEM HBR LOAN DETAIL AMOUNT DETAIL DESCRIPTION _ 210 091034673 385.87 106986 _ 211 091054564 472.60 104979 _ 212 091055104 548.86 029237 _ 213 091055873 1,109.71 028268 _ 214 091055914 355.91 024624 215 091056249 708.63 028722 216 091056372 167.81 033809 _ 217 514610917 1,362.33 07 09 _ .9 'Lo 09TQ5M2---Y 327.:3-7 02 831 219 091057020 981.14 115437 220 091058054 646.45 030185 03875 ENTER SELECTION Venda No Agcnda~[am q4q r~ e 9 E i i I to i , Sr Y: ~f a y> l' 1d l: f . T Is:'a r.xv f tyy •,v°r SR I +.,I.t.~N.]I~.aN~tx 0.li~rAl1CWJ11.~.~~,.~. SKMtILR1A; IA1.4~.Mfl( !/~1WIA,A~+~.1 ~.'i it ~~.I•.!{..'~ !11\~N NnN I1. \1d iC~ L A It 77 1 Vnb lr.'n'.:1tr.n1/Ii.7 : ~ t7rel~rl ~ slal,ole ra ' rA.+onc orrxrOt; clrtur n Ir VAR cultcllw OWN 71 1 81111%IY VI,IU; WPM IPM11 18A 1k;15111 70 DOA :1%7 IN L11'.IigllA! AI IIN~rI IM AM 01%104, U rG`II.4:: e, It V% W)%!f A,A15 DISN"Um1%741 CI IAll 1%6 Au-0fo%I 9917 OAMOrc DAI1 AS CALLAS I.I 't a.f)}a.g M ,e rcc:+:~taslt.' 1 M-7,77777 Via.; r 10 AA0Rd9N0. ~ ~ Agee~altamy S 5C2 r r• ~ I .t + ~C I TY-=- COUNCI -+f+ E i 4 4 A- A ♦ O 4 t Q O O ♦ '4 row. ~~0 L AoendaNo CITY COUNCIL REPORT FORMAT Agenda lte 3 TO: Mayor and Members of the City Council l 13 FROM: Lloyd V. Harrell, City Manager SUBJECT: Approval of a tax refund to Verl C. Lyhbert F.tal RECOMMENDATION: The Tax Department has received a supplement from the Appraisal District for 1993 making, a correction to the anpraised value based on a protest by Verl Lybbert reducing the tax he owed in 1993. Verl Lyhbert is due a tax refund which the Tax Technician recommends. SUMMARY: Chapler 31.11 of the Texas Prooerty Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of 8 500.00. Verl C. Lybbert Ftal is due a refund of R 577.98 on account # 035883 due to a reduced appraised value in 1993. BACKGROUND: e- rl Lybberc paid the 1993 tax on this parcel in full on Dec. 30, 1993. A supplement causing a reduction in appraised value reduced the taxes due for 1993. This reduction in taxes warrants a refund of $ 577.98 due to Verl C. Lybbert Etal. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tRx account of Verl C. Lybbert Etal FISCAL IMPACT: r r $ 577.9E RES TFULLY U MITTED: i rrel City Manager Prepared by: ame c Schneider Title Tax Technician Approved: I ame Harl ferson Title Tre er 2633C/3 i I i 1 , ,er+} 5 r REPORT FIOR05DW 03/17/94 AT 20:08 O V E R P A Y M E N T S Pp ACCOUNT NO. RECEIPT NO. NAME ADDRESS AMOUNT STATUS OF PE 10334800000 93/06/09-0042 SMITH, JACK JA BENTOAKS OR 37.39 OVERPAY 02930700000 93/06/09.0044 WILSON, JAMES D EMERSON LN 37.39 OVERPAY 01214300000 93/06/09.0044 MORRIS LAURA F AVE S -017 13.47 OVERPAY 0301310000093/Ob/09.004b SHAM ;ARBARA CONSTANCE STROUD ST -37.39 OVERPAY 06133200000 93/06/11-0016 NUMB INC E UNIVERSITY M 901.26 OVERPAY 91217700006 93106/11-0019 ESTLER'S EXXON S I-34E 179.90 OVERPAY 91267400000 93/08/11-0023 TIRES, APPLIANCES 6 SERVICE OF DENT W UNIVERSITY D 799.98 OVERPAY u+~nel i•-^wwe WoeT<nH 19111 Ann JR Y QVAUA&C QT 1T 40 nueani. ';07586300000 93/04/11-0032 LYBBERT, VERI C ETAI 477.98 OVERPAY 09.00 o""k. 013?2200000 93/08/71-0037 KUViltNDALL, JASPER S BRADSHAW $1 62.99 OVERPAY 01644700000 93lOe/t4-0009 JACAS6N, ROSIE i IRA WILLIAMS SMITH ST 0.07 OVERPAY 03104000000 93106/7<-0024 SMiTHr RAULM MILL POND ST 3.99 OVERPAY 03043100000 93/06/16-0012 HERNANDEZ, GLORIA BOtIVAR ST 37.39 OVERPAY 02ES7200000 93/06/15.0014 FARMER, DANNY E REDWOOD PL 31.39 OVERPAY 02140600000 93/06/16-0016 ROBERTS, OELOYCE E WESTCHESTER OR $8.28 OVERPAY 91369400000 93/06/18-0003 JESWOOO OIL E MCKINNEY ST 300.99 OVERPAY - 11377000000 93/06/16-0009 VALDE2, R PHD N LOCUST ST 0.10 OVERPAY 03099300000 93/06/17-0006 IMRIE, CRAtO M MISTYWOODLN 0.62 OVERPAY TOTAL OF OVERPAYMENTS 30,156.43 0.00 i i W i i , M L r , ENTITIES: C~~fy 4734 TAX AMT • 0OU 56.96 -36, 96 EXEMPTIONS: i~S"""f SVPP CODE: DEL E MH MOVED 192 R36679 129620 LAND NHC f 187 87,503 I BETHEL TEMPL RCH OF DENTO A0148A WM. B TRACT 10. ACRES 9813 W UNIV Y DR 6.3756, OLD TR 6,74 DENTON, TX 207-3311 COS ASSESSED f 0 tlL 505 -67.505 ENTITIES: SOS, C05 IPT TAXABLE f 0 87,503 -07,505 4072 TAX AMT f 0. 00 654. 45 -694.45 EXEMPTI EXEY,PT ` SUPP C C - CHANCE j EXEMP R SEC. It. 4331 E) T`n'►'l R3 1315004) OU CH HOU8INO CORP AO SC. HIRAM, TRACT 106, AC LAND 7,175 93,327 1 DALLAS PKWY, 8T 2l0 0 OLD DCAD TR IMPR f 15,056 15.145 AS, TX 75287- OE,60F,61A,61C IMPR f 24,909 13.622 70 US: 707 KERLEV I~ COS AS D f 47,640 l12,094 64,454 NTITIES: 001, COS, S05 RECEIPT T E f 47,640 112,09 -64,454 p.I IN 5182 ~ AMT f ,356. 30 038. -482.05 k EXEMPTIONS: SVPP CODE: C - CHANCE t_69,~ .~7 CORRECT VALVE r 1 R33033 1881401 I BARNE9, BERNIE A0616A S.C. HIRAM, 149, ACRE LAND HS f 0 5,230 625 SMITH BY 0.210, OLD DCAD TR 1) LAND WS f 5,250 0 DENTON, TX 76205- SITUS. 625 SMITH IMPR HS f 0 10, 1?90 COS ASSESSED S S1?SU 16, 240 -10, 990 ENTITIES: GCI, S09 RECD TAXABLE S,?5U 16,240 -10, 990 EXEMPTIONS h ? TAX ANT f 39. 121.46 -82.20 SVPP CODE: HANOE r39~7V DELETE IMP CORRECT VALUE i 1S'N - - R;40:7-;-- s ) HARRI LLARD JR A0759A OVINO. TRACT 66. ACRES LANG IlS • 40 17,340 PO BOX 0.290, DCAD TR IS IMPR 115 f . 240 41,240 i DENT 76202-1333 61TVS 2 W SYCAMORE C05 ASSESSED f 54,580 54,580 0 ENT S: 001, COS, SOS RECEIPT TAXABLE 49,580 54,560 i ! X634 TAX AMY 37D,81 40H. 20 .39 TIONS: HS CODE: C - CHANGE 3•f~/'I { i R75663 1161889) o LYBBERT, VERL C ETAL A0797A J. MCOOWAN, TRACT 46, ACkE9 LAND NHS f 173, 107 :'67,699 PO BOX 13036 24. 4770, GILD DCAD TR 12 COYOTE, CA 95013-3036 SITUS: TEASLEY LANE COS ASSESSED f 173,10'/ J67,699 4, 92 RECEIPT TAXABLE 4 1,73,101 b7, 699 -V4, 92 S ENTITIES: 001, COS, S05 0 5363 TAX AMT f 294, 6Y ;IDOW. 12 07 45 Ikf I EXEMPTIONS: I k to f SVPP CODE: C - CHANCE 1 III CORRECT VALVE PER 25.250'----'_-_---.-_'._-.__"-__-'~--•-----_`-_' i. ' Y =CITY" COUNC CITY COUNCIL REPORT FORMAT►QaItO T0: Mayor and Members of the City Council r~y FROM: Lloyd V. Harrell, City Manager SUBJECT: Approval of a tax refund to I,awvers American Title for Karen C. Pepper RECOMMENDATION: completed ►'fFe Tax~l3epartment has mailed an Overpayment Letter and an Application tionRhavedbeentreturned, requesting this refund, which necessary sTax Technician recommends, SUMMARY: map -eer 31,11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $ 500.00. Lawyers American Title Co, has requested a refund in the amount of $ 604.12 because the: overpaid ?fs. Pepper's account # 104212, BACKGROUND: Lawyers American made a payment of A 604,12 on Dec, 2, 1993 and First Bankers Mortgage Co. made a payment of S 604.12 on Dec. 21, 1993 for Ms. Pepper. This resulted in an Overpayment which Lawyers American is requesting a refund. A tax refund is due, PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tax account of Karen C. Pepper i t FISCAL IMPACT: S 604,12 RESP TFULLY BMITTED• y ar el City Manager Prepared by: Title Vic Schneider Tax Technician Approved: Of ame Harl ferson Title 2633C/3 re u r r 3 y 6NN / osv1' Tu 86&d APPLICATION r' i2fn 5 a.tindApptntan 31.,1t„„t FOR TAX REFUND Collecting Office Nam&,, CITY OF DENTON a1S~ Collecting Taff For. TAX-DEPARTWENT DENTON. TEXAS 76201 (Taxing nits) Address City, State, Zip Code In order to apply for a tax refund, the following information must be provided by the taxpayer. IDENTIFICATI OF PROPERTY WNEA: Name: x- Address: RKs -T~ /az I-oe,ic, Telephone Number (f additional information (a needed); IDENTIFICATION OF PROPS TY: Description of Property ok7 /1 l./1 Ct Pa ~K aDN P t4 51 L. l<. 5. LoT 7 Address or Location of Property-. o e Account Number of Property a? / Z or Tax Receipt Number. INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for From Which Refund Which Refund Date of the Amount of TaAmount of x Refund Tax Is Requested Is Requested Tax Pa erI _ ym Texas Paid Requested t-dtV3 dF ~r•~*ityLi9 93 .211 19 y tod'~,/z : o ,/Z 3'errv er ,r ..1 19 q? / / 19 S.3_ $ _ dec.. z- ~o 19 y /19_ f $ TTaxpayeess reason W refund (attach supporting documentstiony LQa >~A1f _1CA 61 ~rc t ~ AND BAA11rS,tt M*'b CD fRcN_ df)la TNt T A)Us fm 145, 4DP6oe, P -<A-cr 4 /LAP ~ C-A iiLe-g for LA ~rl:i h O(!Er R)1, r T ~ !`rLE 1s ~Ymd APpcyu~ eAQ q R1FtCND of eby apply the refund of the abovedescribed taxes and cadfy that the Information I have given on this form is tru and correct." Fat LAwyfc3 ~Atf.UC4sj 1rte Aft S'So Evmo,~as L~ *~loL ~'1e.1.1fi .?a~ Signature LEulisu(ccf TrK 75t*7 Date of Application for Tex Refund - DETERIMINATION FOR TAX REFUND: Approval Disapproval i Signsture of Authorized Officer Data Signature of Presiding Officers) of Taxing Date Unit(s) for refund appl(catiens over $Soo Any Parton *he elates a tabs wlby wpm the fortgotna mead than M tuts♦aet b one a Iht L not more than 10 years nor k" than 2 loan and/or a ant of nor more tl1on $1,000 or boM1 ands t^' OnnNnk 2. eordlllwrwrl In lea fa a lane up b 1 year or s Ona net b txcood 42,000m beta such and Naprbwm 0 861011 IorM In •tetldn 27.10, Ptah Coda, AE►btp 31 A1 F hlY~ I ~ w r I q: ; i; 1 M L K Ih I grM LAWYERS AMERICAN 027353 ins TITLE COMPANY OF FORT WORTH SA IDMONDS LANE. SURE 102 • LEYNSYKLE, TEXAS 75067 !7 111474 177 1 V010 AFTER 90 DAVE Oeta ,11139/93 Pay *SIX HUNDRED FOUR b IZ/1l0e#k*###*k###k*#*########k####*############k##+R` #688.IZkk##k. To The Order of City of Denton Tax office BANK ONEILEWSVILLE.TEXAS For 1993 city taxes AMERICANT7T000M►ANYOFFORT WORTH, DBA UWMAS AMERXi1N TMF COMPANY OF FORT WORTH ESCROW ACCOUNT Karen Christine Pepper ~s3au, b z / z 1'027353»' 3190&3861: N051,00003790 F000000604&V N LLJ I('I .•.11..1. _CJ :III I;) i:l~p fitQi i ,F i t 1 • y { ~q Y S REPORT FtOROSDW 03/23/94 AT 2004 O V E R P A Y M E N T S P4L ACCOUNT NO. RECEIPT NO. NAME ADDRESS AMOUNT STATUS OF PA1l 90279200000 92/04/20-0019 THE VILLAGE LAUNDRY W UNIVERSITY D 199.80 OVERPAY 03341800000 92/04/28-0313 SHIFLET FINANCIAL CORP ETAL S ELM ST 57.42 OVERPAY 1 10433400000 92/04/28-0363 POFF, DENNIS R PENNSYLVANIA D 957.28 OVERPAY 02226600000 92/05/01-0409 STAFFORD, CHARLES R 10.00 OVERPAY 08277400000 92/05/01-0507 FOLSTADT, ROBERT H SR ETUR VIDA E ACKINNEV ST 30.00 OVERPAY 02730900000 92/05/02-0160 KNIGHT, BILLY M RIDGECREST CA 43.53 OVERPAY 03078100000 92/05/03.0328 BEDNAR, LADISLAV F CRAIG LN 423.97 OVERPAY 03!42300000 92105/03-0412 POWELL. JAMES D CACTUS CA 374.14 OVERPAY s 02249100000 92108/08-0025 LIPSEY, JOE P BELLEMEAD DR 4.50 OVERPAY - 02450800000 92/06/23-0007 WELLS, DAVID M LOCNSLEY LN 1.81 OVERPAY i 08440200000 92/07/01-0007 DENTON AUTO AUCTION W COLLINS ST 3.62 OVERPAY 02837500000 92/07107-0011 WALDROP. JACK E ASPEN DR 264.63 OVERPAY f 02288900000 92/09/03.0023 MINTER. FLORENCE PARK LN 10.00 OVERPAY 03388600000 92/09/10-0006 JOHNSON. JOHN C ULAND ST 1.96 OVERPAY 09939700000 92/09/10-0007 MR GATT['S 9315 N AVE B 351.65 OVERPAY j 90152100000 92/09/10-0008 MR GATTI'S N314 W UNIVERSITY 0 454.49 OVERPAY 50348300000 92/09/30-0002 MILLS, C T FORT WORTH N 2 17.09 OVERPAY 90154900000 92/09/30-0003 SKANDIA ROOF TILE INC N ELM ST 535.27 OVERPAY 60334300000 92/10/02-0005 KONKRIGHT. RONALD TEASLEY 9108 L 1.05 OVERPAY 09939700000 92/10/06.0016 MR GATT1'S 9315 N AVE B 71.21 OVERPAY 03467500000 92/10/26.0003 FOWLER, EUGENE F ROSELAWN DR t.00 OVERPAY 10514100000 92/10/26-0017 WALKER, DONALD L/DOYLE PAT TEASLEY N175 L 2t.12 OVERPAY 60334300000 92111/02-0012 NONKRIGHT, RONALD TEASLEY 9108 L 36.31 OVERPAY 03444900000 92111/02-0027 WILLIAMSON. WILLIAM J WESTGATE DR 1.43 OVERPAY 90152100000 92/11104-0008 MR GATLI'S 0314 W UNIVERSITY D 7t.21 OVERPAY 02950100100 92/11/04-0013 FRANKLIN, ROBERT J E SYCAMORE ST 164.93 OVERPAY 90022900400 92/11/30-0008 BECKS AUTOMOTIVE SER 8 TRANS N ELM ST 5.64 OVERPAY 07628100000 92/12/01-0003 FEAGINS. RONNIE L N WOOD ST 44.05 OVERPAY 50334300000 92/12/02-0003 KONKRIC47, RONALD TEASLEY 0108 L 36.31 OVERPAY 90152100000 92/12/03-0004 MR GATTI'S 4314 W UNIVERSITY U 71.21 OVERPAY 50334300000 93101/01-0007 NONKRIGHT, RONALD TEASLEY 0t08 L 36.31 OVERPAY 09939700000 93/01/04-0002 MR GATTI'S 0315 N AVE B 71.21 OVERPAY 03635500000 93/01/21-0186 O'REAR, O W BERNARD ST 2.00 OVERPAY 50334300000 93/02/02-0140 NONKRIGHT, RONALD TEASLEY 0108 L 36.60 OVERPAY 9DI52100000 93/02/05-0044 MR GATTI'S N314 W UNIVERSITY D 71.21 OVERPAY 08440200000 93/02/23-0064 DENTON AUTO AUCTION W COLLINS ST 24.00 OVERPAY 50334300000 93103106.0032 KONKRIGHT, RONALD TEASLEY 0108 L 50.06 OVERPAY 14647600000 93103/06-0168 ALLEN, WAYNE 8 LISA ALLEN E WINDSOR ST 65.2$ OVERPAY 14648700000 93/03106.0171 ALLEN, WAYNE 6 LISA ALLEN E WINDSOR ST 65.14 OVERPAY ~j 11515600000 93/03/07-0072 GLEN COOPER LTD 14.67 OVERPAY a 11535700000 93/03/07-0073 GLEN COOPER LTD 15.49 OVERPAY 5 03359900000 93103108-0065 GIBBS, KATHERINE A PIERCE ST 6.71 OVERPAY 't 09939700000 93/03/08-0075 MR GATTI'S 0315 N AVE 8 71.21 OVERPAY 5 02559100000 93/03/13-0289 BATES. CLINTON T MOHICAN AV 179.06 OVERPAY 03184000000 93/03114.0267 SIMMS. MINOR WHITE OAK ST 259.44 OVERPAY 03197200000 93/03/17-OOB1 DAVIS. TERRANCE AUTUMN OAK DR 30.36 OVERPAY 10331100000 93/03/17-0190 HEYWOOD, DAVID BARNES OR 413.40 OVERPAY 4 1 00000 9310]121-0100 PEPPER, KAREN C: PARKSIDE DR 604.12 OVERPAY "yf 51260600000 93/03/29-06th HARRIS, PATRICIA TEASLEY N 87 L 6.41 OVERPAY y 16687900000 93/03/30-0096 SWAIN, WILLIAM WELLINGTON OAK 296.16 OVERPAY huh { "'S"~sl~ epuab> , Q~ ~1 oy~p~aB~ , y 4. 1 X ITY-- _._.C®UNC r v, s e 3 AgendaNa Age~dal,e 3 ate _ -9 ORDINANCE NO. AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated com- petitive sealed proposals for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described proposals are the best responsible proposals for the materials, equipment, sup- plies or services as shown in the "Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the ma- terials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 1 SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Proposals" attached hereto, are hereby accepted and approved as x being the best responsible proposal for such items: RFSP ITEM AMOUNT NUMBER NO. VENDOR 1612 ALL UHW CORP. $38,120.00 SECTION II. That by the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services standards and for accordance the specified 9suterms, ms contained in tthesInvitati on, quantities roposals, and related documents. .i 1 a' ~ I 3 a~_s SECTION III. That should the City and persons submitting ap- proved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the accep- tance, approval, and awarding of the proposal, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provide.-i that the written contract is in accordance with the terms, conditions, spec- ifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above 4 numbered items of the submitted proposals, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved proposal or pursuant to a written con- tract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this day of It 1994. BOB CASTLEBERRY, MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY Bye f R Y°. 11 1 ,dVR • Y DATE: APRIL 5, 1994 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: RFSP #1812 - COMPUTER EQUIPMENT MAINTENANCE RECOMMENDATION: We recommend this request be awarded to the lowest bidder, UHW Corp, in the amount of 53+177.00 per month or $38,120.00 per year. With price held firm for 5 year. SUMMARY. This request is for the onsight maintenance of the mainframe computer and the associated equipment located in the Information Service Division. The j proposal includes 24 hour, 7 days per week service with a maximum 1 hour response j time and no change disaster recovery services, The quoted price is approximately $20,000,00 less than the previous contract for similar services. BACKGROUND: Memorandum from Gary Collins, Director Information Services. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Information Services D vision, FISCAL IMPACT: Funds for this service will come from 1993-94 budget funds account number 100-044-0080-8341. 4Respe Ily submi t d arrell ger Approved: ,4 ifsf ame: Tom D. Shaw, C.P.M. Title: Purchasing Agent °I MAW= J s, lit- z tr t~'1 r R OS/SO/Ad 18:18 $9B17S$86551 ®001/002 Q NtTfS C1TY Of DEA"C K TW S 216 E MCKINNEY/ DENTON TEW 78201 / TELEPHONE (8 f 7) 668.8200 M.FR_M0RANDU H I DATE: March 300 1994 TO: Lloyd Harrell, City Manager FROM: Cary A. Collins, Director of Information Services 1 SUBJECT: Maintenance Agreement on Mainframe Hardware E~E i unrortunately the Data Processing Advisory Board meeting on Mottday + March 26, 1994 did not have a quorum present. This means that no official vote was token on a recommendation to the City Council on I the maintenance agreement for the IBM Mainframe and associatc:d periphorals. We had two (2) vendors respond to our Rk'So for maintenance. The two vendors were XBM and UHW Corp. Of the two vendors uHW was the lower at $3,177 per month for an annual total of $38t124. This response was $270.55 per month loner than 1AM, which represents an annual difference $3,217.08. UHS also offered to provide a Disaster Recovery Site at no addltionnt costs. UHK f response ensurex no increase in maintenance costs for the next N VC t years on the equipment outlined in the RFSP. IBM 1ndic:atcd that { Cor budget purposes tiie City or nt~nton should plan on a Sic annual increase in maintenanco coats. For the above reasons the two members itrescnt at the meetinx fats that the city mhould enter into a maintenance agreement with VHW Corp. Cor n five year time frame. I called the other members of t.hc Data Yroceasinq Advisory Board un'fueaday and Wednesday and was ablo to contact one additional member. This member was also favorable Cor the City of Denture 1.0 rnter into a maintenance agreement with UhW Corp. for a five year period. 1 have attached a cost comparison, for your review that shows the costs supplied by each vendor. Ir you have any quratiotjs or I can be of any further service plrarsn give me a call. Cary "A. Collins Director of Information Services MAR 30 194 16116 98175668533 PAGE.001 1" r' Q 6..V t f 1* k ,d OJ/30/ 1 18:20 4Db173888533 M Q002/002 Sod'-~ S HARDWARE MAINTENANCE CONFARISONS (RF8P 1612) H&rdwara QUANITY IBM IBM UNW per UNI^ 'TUTU per UNIT TOTAL p 397,00 -00 .00 450.00 4381-T91E 1 1334.30 ;669.00 1500.00 1000.00 3880-023 3380-AE4 4 156.00 624.00 100.00 400.00 3380-8E4 4 113.50 454.00 80.00 320.00 3205-100 1 15.50 15.50 0.00 0.00 3705-E06 1 199.75 199.75 130.00 130.00 1 280.50 280.50 225.00 225.00 3480-A22 320 3480-922 2 172.50 345.00 160.00 .00 3203-005 1 259.50 259.50 150.00 150.00 4734-001 1 44.50 44.50 53:00 10-00 4 3174-OIL 8 4.50 36.00 11.25 .00 4.00 3299-003 4 1.13 4.50 I -41D 1 25.00 25.00 30.00 30.00 32743274-41D 1 2.00 45.50 30.00 30.00 17.00 17.00 15.00 15.00 3274-61C 1 3174-818 1 30.64 30.84 40.00 40.00 MONTH TOTAL i .72 -$30447.59 -Tro 5.25 $30177.00 5 . DIF!'EREWCE (1270.59) AMMAL TOTAL 141071.08 ($30 8 124-00 130247.08) DIFFERENCE y .t x' is \l, MAR 30 194 16 16 96195668''33 PPM. W2 Y Now= =CITY -_COUN( +ra r t~~: 1 r ~e~~daPJo. Q~ -d/d CITY COUNCIL REPORT U MAT l~ - r TOi Mayor and Members of the City Council FROMi Lloyd V. Harrell, City Manager SUBJECTt Amendment to Truck Route Ordinance BCOjWNDATIONj- Approval as recommended by Engineering and Transportation Department, Police Department, Concrete companies, Legal Department, and Traffic Safety Support Commission SUt9tARY e Revise over weight and standard load limits to protect City of Denton streets Add West Prairie between Elm and Locust, 235 frontage road, and Metro streets to existing Truck Route Ordinance BACKGROMMI The Police Department has been working to become operational through the Traffic Enforcement Division. They have scales and a vehicle to transport them to sites where violators are suspected or have been reported. The intent of this amendment is to restrict loads to arterial streets, to prolong their life, and eliminate overloaded vehicles from city streets not designed for more than 20,000 pound axle load. This was first presented to the Traffic Safety Commission on January 10th and r approved by the commission. There seemed to be a lot of questions. So, staff took the feedback and reworked the amendment with input from the Police Department, reds-mix companies, and the Legal Department. All entities are well pleased with the final result. PROGRAMS, DEPARTMENTS. OR GROUPS AFFECTED Redi-mix campanies, Police and Legal Department, and the City ■treets /'ISCAL IMPACTt i Extend the life of City streets LY 6VBMITT Ds ~J 4-LloyHlrr er ;I Prepared byi f J z C r Di to engineering & Transportation Approvedi I aryC Dir or Engineering o Transportation ArR0024C/37 1 i I Mt", Traffic Safety Memo January 3, , 199 1993 page 4 ITEM 44 TRUCK ROUTE WEI HT LIMIT COARECTIONI This ordinance would correct an operational issue that has surfaced after recent publicity in the Denton Record Chronicle. The Police Department has been working to become operational through the Traffic Enforcement Division. They have scales and a vehicle to transport them to sites where violators are suspected or have been reported. The intent of the ordinance is to restrict loads to arterial streets, to prolong their life, and eliminate overloaded vehicles from city streets not designed for more than 20,000 pounds axle load. The majority of the ordinance was correct which specifically covered the standard 3 axle 18 wheel truck that carries most of the freight. The concrete truck section which has the largest effect on our streets was based on inaccurate data from 2 regional cities. Concrete trucks are now forced to stay off all but State highways since the 48,000 gross vehicle weight limit would not allow them to operate empty. State law allows them to operate at 54,000 gross vehicle weight which is less than their normal full load but will allow them to be operational. Concrete plants are currently situated at two locations in the city, Redimix on East Prairie and Lakes Cities <m Metro off the IJS West service road near FM 1515 at Bonnie Brae. The City of Denton wants the concrete trucks stay on State highways as long as possible. Most concrete trucks operate with 69,000 pound over weight load permits from the State of Texas. Most of their roads have sections at least double the thickness of 1 ours ■o they are much more effective at handling the over weight loads. The over weight fees are routed into general funds at the State which helps their budgets. We have no current means to do that and to build roads that handle over weight loads is coat prohibitive for the City of Denton. The ordinance included in your backup proposes to raise the gross vehicle weight for concrete trucks on City of Denton truck ;outer to 54,000 pounds from the current 48,000 pounds. This upgrade matches state law for regular loads and keeps the over weight loads on State highways where they pay for that privilege. The proposed ordinance specifically addresses that issue and proposes to add East Prairie street to help Redimix gat out to Elm and Locust (State Highways) by the quickest route. Lake Cities already uses Metro to get to FM 1515 and 135. Staff recommends approval of the ordinance as submitted which resulted from consultation between concrete companies, Legal, Police, City Managers Office and Engineering and Transportation. It originated from input given from the concrete companies to the Police (Traffic Enforcement). All parties want the ordinance to be reasonable and yet accomplish the real intent of protecting City @treat@. AE1002FE 1;';1i;0 _ 110 Traffic Safety Minutes T 6 B January 10, 1994 !L-'sng page 5 3_-7777 i9 ITEM 14 TRUCK ROUTE WEIGHT LIMIT CORRECTION AND TRUCK ROUTS ADDITIONi Iwuchukwu said this proposal is to correct the current error in the City's Truck Route Ordinance. One of the major purposes is to address the tears and wears on city streets by excessive load vehicles. This amendmbnt or correction is mostly Redi-Mix concrete related. The existing ordinance addresses other bigger vehicles like the 80,000 pounds regular trucks. This ordinance will also make it possible for the concrete vehicles to use city streets in the most optimum way. This means civy streets will only be used when they have to. The correction is that the current ordinance has the maximum load limit of 48,000 pounds. This is not even up to an empty concrete vehicle weight. Staff thinks what happened was when that ordinance was drafted a couple of cities surveyed used this limit of 48,000 pounds. This became law in the ordinance. Staff is going back to doing similar to what the State does which is an axle load of 18,000 pounds City streets are designed for this weight. For a 3 axle conditi on, it would be 54,000 pounds. Concrete vehicles when they are loaded weigh more than that. What staff is saying is that they would use the state highway syat.em until they have to get out of the system, then they can use city streets. This ordinance will make it possible for them to use city streets as little as possible. The State system road thickness is about three times that of the city. They can stand more weight. r The City had no means of enforcing this kind of ordinance before. The Police Department now has a mobile weight scale that they can use to weigh large vehicles. They are equipped to address that issue. Concrete vehicles or other vehicles of this type have state permits for over weight vehicles. This should not affect their operation because they are still allowed to use city streets but to move onto the closest state system. The section of Prairie street from Locust to Elm has been added to the truck route in order to enable them to do that. It used to be from Bell to Locust on Prairie street was a truck route because of the former Davis Concrete. That is now extended so they can go all the way to Elm street and go south on Elm. Devine said she is con:erned about Redi-Mix. Does this mean they have to work on a partial load? Iwuchukwu said no. It means they would have to work on as excessive load condition. They would try as best passible to use the state highway system. At the point where they can no longer use the state system, they will get on the city street. Redmon asked what thel ware doing now. Are they going to Locust and taking another route to get on Elm? Iwuchukwu said that's right. There are some streets that have been damaged to a great extent by that kind of use. Jackson said in section iI of the ordinance, sub paragraph A-1 it ACE0030D r t t Traffic Safety Minutes January 10, 1994 ___4 page 6 yd / 9 says that a vehicle is exempt if it is traveling to and from an unloading point. So when they load up with 69,000 pounds, they get out to the state road by the shortest possible route. Iwuchukwu said that is correct. Gore asked for the law enforcement officers to address this issue. Gary Craig with the Denton Police Department, Special Operations Division, Traffic Section, came forward to address the commission. He said what Jackson said about Section II only addresses the truck route and doesn't have anything to do with the weights. It only talks about when a truck can leave a truck routa to go to a delivery site. Craig said the reason he and Officer Blaylock had asked for a change in the ordinance was because the original ordinance said 12,000 pounds on a single axle. After meeting with the representatives of the concrete companies and the TXDOT's weight and measures troopers, they can't operate at 12,000 pounds single axle empty. They can't role their trucks off the lots and be in compliance with the ordinance. They changed it to 20,000 pounds for the front steering axle and 36,000 for the tandem axles. That shows a total weight of 56,000 pounds. State law says with an over weight permit they can run at 69,000 pounds plus 10%. The law gives them a 10% tolerance. City streets aren't built to handle it. At the same time, they are going to have to run at a reduced load. They can't run at a full load. It's a catch twenty-two. They can't roll over on Nottingham j without putting a 2" crevice in the pavement. That's the reason they asked Legal to take a look at the ordinance. Devine said if the ordinance is changed to 56,000 pounds. This company cannot run a full load and get out of their site. Craig ` uaid that is correct based on his knowledge of the industry. It says 20,000 pounds single axle 36,000 tandem. If you add those two, it's 56,000, they wrote $4,000. He is not sure why. Iwuchukwu said he asked Jerry Clark and he e3id it is 54,000. Craig said he is not sure what he is basing it on. Vernon's Civil Statues 6701 D12 doesn't state 54,000 pounds. There is nothing in there that says 54,000 pounds. Dotson said he may have based it on the street capacity. Iwuchukwu said design standards call for 18,000 pounds per axle. The Legal Department may have made a mistake in the addition. Craig said a concrete company can roll off their lot 69,000 plus 101 if they have an over weight permit from the State. According to the ordinancc, they can drive to the nearest state maintained highway. They can make a delivery to Lake Dallas, Corinth, Argyle, but they can't make it to Denton. They can't come off that state highway to a residential and be in compliance with the ordinance. Jackson asked how they could roll from their loading point to a state highway and not be We to roll to the unloading point. Craig ASE0030D I r j T . C Traffic Safety Minutes page January 10, 1946 II _ _ e eN said because of the way the ordinance is written. The problem with the state law is that local law enforcement cannot enforce it. Redmon asked if Bell Avenue was a state highway. Craig said they can only go down Prairie from Locust to Elm to go to either Locust or Elm street. Then they will have to go to one of the state highways out of town. Radmon said then they can't use Bell Avenue at 01. Craig said he thought they could take Bell out to Dallas Drive, Dallas Drive is a state highway. Dotson said not the way the ordinance is written now. They were able to previously. Jackson asked if 6701 D says that they can load and go to the state highway? There is some confusion in that. If the ordinance prohibits them from going from the state highway to their drop off point, where do they get the right to even load up? Devine said there is a business in Denton and the commission is looking at an ordinance to prohibit their, from doing business. Is that correct? Craig said he couldn't say it prohibits theca from serving them. They used to be able to deliver 10 yards and now they can't deliver but 5 yards which will require them to make 2 trips. The economic impact is something to be discussed. The price of concrete just went up. t Jac'tson said then to make deliveries to a site in Denton, they are running a partially empty truck. Craig said they aren't now but t under this ordinance that would be correct. Redmon said then you are saying for example, they couldn't load and travel to the new school on Newton. Craig said that is correct. They couldn't run a full load. { Jackson asked Iwuchukwu what if he ordered concrete, they couldn't come out without getting on a state highway. Iwuchukwu said what he understands is that they could get on any truck route. This ordinance makes sure they use these truck routes effectively and not encroach on city streets that are not truck routes unless they have to. Craig said that's not what the ordinance says. Iwuchukwu said he talked with Jerry Clark and he said they can be on these truck routes but cannot get into city streets unless they have to. when they got on city streets, they will use the shortest distance possible. Jackson said he has enforced ordinances for 25 years and that's not what it is saying. Craig said if they want it that way, they need to change the ordinance. This ordinance is not an enforceable ordinance. That may be the intent but it wasn't written that way. Brian Blaylock said in the meetings with Rick Svehla, Jerry Clark, and the City Attorney's office, the ordinance is written the way ASSO030D dA,A Traffic Safety Minutes January 10, 1994 ) page 8 V Rick and Jerry specified. Jerry had a formula for the 54,000 pounds and it was designed based on the strength of the streets. That's where that number came from. Clark said that's the maximum load city streets can hold from a concrete truck due to the distance of the wheel base of the tires. That's what the street is built for. Some of the new streets like Woodrow Lane are only built for so much weight per square inch. They aren't built to state specifications. City streets are built with a 4" lime base and 4" o° asphalt. Most state roads have 12" of lime bass and another 6-10" of asphalt or concrete so they can handle the weight. Blaylock said the ordinance is written the way it was discussed. If the commission wants to change it, that's fine. Pacon asked how other cities have handled this. She wants these businesses to be able to do business in Denton but at the same time she doesn't want the streets tort, up. Blaylock said he had no idea. Crain said no other city in the area has tackled it to his knowledge. Blaylock said this isn't something that came along. Clark contacted him 4 years ago and asked him to start gathering information to get a weight ordinance. The information was submitted to Legal. It took them a long time to come out with this. Then they came out with 48,000 pound gross which wasn't enough. The Police Department asked them to rewrite because they knew the concrete companies wouldn't be able to do business at 48,000 pounds. Clark said all he would go was 54,000 on city streets whether it was a truck route or not. Clark does not want a concrete truck on a city street over 54,000 pounds. They can get on the state highway. Clark agreed to "beef up" Prairie street batween Locust and Elm where Gifford Hill is so they can get out there at 690000 and not damage that street. Anything else, the commission will have to go above them. Gore said th:n a concrete truck that leaves a company and they are delivering a load in Denton, cannot be more than 54,000 gross. Blaylock said they have a St tolerance. Gore said if they want to make a delivery out of Denton, all they have to do is to get to a state highway. They can load 69,000 plus 10% and travel a city street to the closest state highway. Blaylock said that is correct unless Argyle passes some ordinance against them coming into town at 69,000 or Lewisville, whatever any of the cities decides to do. Gore asked for a representative from the concrete companies to come forward and address the commission. Danny Patton, owner of Lake Cities Concrete Company, came forward to address the commission. He said he lives at Route 7 in Denton. He wasn't prepared to speak. He just wanted to see what this entailed. It would Increase the cost of delivery if only allowed half of the pay load on a truck. It doesn't seem fair to the people of Denton to chargo a considerable amount more to pour concrete in Denton versus outlying cities. That is what would have to happen, There is no way to carry half a load on those big trucks and have the same ARE0030D x o Traffic Safety Minutes January 10, 1994 page 9 ~ 707i9 price as now. Gore said at 54,000 gross, how much concrete is that. Patton said about 5 yards. An average load is 9 yards. Jackson asked what the empty weight was. Patton said about 35,000- 36,000. Bacon asked how many yards are needed on the average delivery. Patton said on a house slab, it would be approximately 70-80 yards. Bacon asked if it would double the cost. Patton said it wouldn't double the cost but it might tack on an extra thin.. Bacon asked how much that was. Patton said concrete is going for roughly $48 a yard. It could add another $16 or no. Bacon asked how much that would come to. Patton said $1,280. Gore said then you look at how much damage a fully loaded concrete truck is going to do to those etreets and you can tear up that much really fast. Patton said he hears concrete trucks and there are also tandem dump trucks that haul right along the same weight. It wouldn't just impact concrete trucks. There would be all kinds of construction type delivery, brick trucks, lumber, etc. The cost of building a house in Denton could increase considerably. flacon asked if that would hurt his business. Patton said short term is would probably hurt because people would have to save money. It world only hurt if the weight and measures chose not to enforce it for .-erybody. If they didn't catch other concrete companies out of town .,ming in, but enforced only Denton contractors. Denton is pretty big and they only have one weight and measure instrument so they have their work cut out. They average 20-30 deliveries a day and they are the smallest company in town. Edmond Fulton from Fulton's Supply and Recycling came forward to address the commission. He said they get lots of trucks. Thoy run roll off trucks which are similar to the 3 axle trucks. The letter said we got a copy of the ordinance. He didn't receive one and would like to have one before leaving. Fulton said the commission needs to look at the City itself. The refuge and fire trucks are extremely big. An article in the paper the other day talked about Bonnie Brae. That runs 3-5 times a day out Bonnie Brae on the north and. The City has lots of tandem axle trucks. Some of the now specs call for 64,000 gross. Unless you exempt the City vehicles, thole trucks are not going to comply with their own ordinance. The man says you can't build the streets bast way so your own trucks are going to tear up the streets. Also, with our own utility department those trucks are heavy. Fulton said the tandem axle semi has 2 axles on the trailers close together and you have 2 axles on the truck. There are B tires inside, 8 tires outside. Those are usually 1020'x. The rule of thumb is that those tires carry 650 pounds per square inch per tire. The old taw is not to exceed 34,000 on the rear, 34,000 on the ANSO030D i Traffic safety minutes January 10, 1944 page 10 tractor and 12,000 on the steering axle. That gives you 80,000 gross but you aren't standing still. Technology has come up with spread axles with atr bag systems because a lot of them run on air now instead of springs. Twisting is what tears your street up most of the time. The air bag system distributes the weight so that in Texas now 84,000 is a legal load limit for a semi. If you take just a 3 axle truck and put the right size of tires on it, you are not putting out any more pounds per square inch on the road surface even if you're loaded. A lot of concrete compar.:es have a little air bag system that picks up part of the load. The only other problem is that you have to be spread out far enough to where you meet the bridge law so that you don't have too much weight in one spot at one time. It's a little more complicated than what they are figuring. If you spread your weight out over a surface you can carry the same amount of weight. They are just talking about weight not the size of tires. There are little tires that will cut a street up with a legal load. This needs to be thought through more clearly before passing something that will hurt the whole community. Bacon said you are saying without the proper sized tire, you are saying the weight of a truck could tear up city streets. Fulton said that normally the old rule of thumb is 650 pounds per square inch contact surface. That means a 1020 has 10 square inches of contact surface. if you haw: 8 of them on the ground, you would multiply that by 8. If you go to 1220 or 1420, you can spread that weight out. As you don't get too much weight in one area, you could exceed your bridge laws. Craig said he might have confused the commissioi. Because he went from ready mix concrete trucks, which is what the ordinance is addressing, to 80,000 pound semis. Fulton said he is going to fit in there somewhere because if he sends one of his box trucks to pick up a load of scrap and he's too heavy, he'll be ticketed. Craig said that's a whole different ordinance. Fulton said the tics site J still applies to ready mix. Craig agreed. ~J Tony Strickland, production manager for Redimix Concrete, came forward to address the commission. He said everyone knows about the new hospital being built on the highway. A couple of weeks ago they hauled probably a 1,000 yards to that yob. You take those numbers you were talking about with the house slab and do the math on a 1,000 yards at a commorcial job that would be extreme. Some years ago they poured the Safety Klean building which was over 900 yards in one day. Larger volumes are just going to compound the problem. Something also Mr. Fulton said with tire size is that you can weigh out more legally with 1020's. Redimix goes to the extra expense to buy tires larger than that for their steering axles. Thoy buy up to 162519 which are 16" wide on the front versus 100. That allows the weight to be spread out to reduce damage which has an important bearing. Those tires are considerably higher but that is the cost of doing business. Strickland said another issue about weights and measures brought up ASE0030D { ns ~r,'.~do A.. "p. Traffic Safety Minutes ~~~~9q / January 30, 1994 (47 page 11 earlier is that of the redimLx concrete truck the tthat sedimix they going to be required to follow the guidelines producers are required to follow? Jackson said they are exempt. City exempts itself from all ordinances of that nature such as signs. That is one of the things of doing business in the United States. There are all sorts of reasons for it. That's standard procedure everywhere. Jackson asked if you could put smaller tires on what would out legal load and find yourself in violation, yet by spreading with bigger tires you weren't in violation. Strickland said that's apparently for the city. It's h City hat's saying we are oonl ily going to be allowed so many pounds on the width. Jackson said tire width Isn't addressed in t proposal. l. Jackson asked if it were theoretically possible to put tires on a truck and have it weigh in a heavier load with theme limits. Craig E said the ordinance is based on square Inch. Jackson said so the other laws and ordinances are written to the affect on square inch. Strickland said yes. The state recognises that and it is their goal to take the shortest way out. StricklanA said the subject was brought up earlier about the school blocks from not on Newton. That school is concrete plant. in order to beinoc compliance 2 with the City,tthey have to observe the truck routes. instead of going out of the plant, down 2 blocks, and making a right and go up 10 blocks making a left, they have to go out Hickory over to McKinney, Woodrow, and back on Bores street. It's , a responsibility to the t an and do what's up the street., They be good 'neighbors.. necessary to LJ Dotson said there mods to be an ordinance. This was not a police department origination. It wasn't something they solicited. Yet, they have to have something that is enforceable. While these officers are working weights and measures, other parts of town need officers to control speeding. We also understand there are $200,000 - $300,00 worth of damage to city streets annually because of ovsrweight0 moreninha futuure. it mightnot t help now. astreet If we ere requiring requirements e parking lot than on a city street, then we have a problem. The City exem ste shouldn is not n stereets as muc hoasaothers do.anA good example isiayrtequest tear up reviewed by the commission where City vehicles were not allowed through their subdivision for that very reason. not to enforce it. They have thew elghts,s scaleslc hav and have chosen maid City could Assistant City something Manager everyone with. Engineer 1Lng obviously, would the like didn't show up. We are caught in the middle on this thing. There is an ordinance. ASS0030D i 3 { ~ F- S''II v~ ~R Traffic Safety Minutes January 10, 1994 page 12 Craig said the vehicles they trained on were city vehicles. The trainers were shocked. They couldn't believe those dump trucks were running on city streets. Devine ordinance. City Craig ordinance age said yes. The garbage are exempt from the trucks are unbelievable. Devine asked if that was passed by City Council. we are we e do it has dodone esn't h make o it years right. She trsaid the ouble. Just r because Government i Core asked Iwuchukwu to present staffs recommendation. Iwuchukwu said he would like to point out a sentence on page 4 of the package. It is really the intent of the ordinance. The City of Denton wants the concrete trucks to stay on state highways as long i as possible. This is a summarisation of what the ordinance is possible. This trying is what Jerry Clark e said was the ordinance's t intent. . Th Devine said so the intent is that they can deliver in the city. ( Iwuchukwu said that is correct. Gore said the ordinance is increasing the weight to 54,000 pounds. Devine said that was to } limit them to 54,000. Iwuchukwu said most of them operate with an over weight permit. It is not a question as to if they can operate on our streets because they have the permit. What this ordinance is r trying to do is make them stay on the state highway system as long I as possible. It is not to drive anyone out of business. i Patton came forward to give a summary. He said what good would it do to limit concrete trucks when there are a lot more heavy tracks on the streets. The coraission is commended for raising the load 1 limits. { Gore said it is of the Intent to pick on concrete trucks but to work within the guidelines. i Patton asked when the ordinance passed. Iwuchukwu said 1991. i extend it to Prairie to from correct Locust to B10m 0 load limit to Core p000 a and this ordinance was 54 Ooze said he thought it would be best to table the request for further study. plus nexsaid if the tend the route choice was to raise it to 54,000. Gore said trucks. Gore said that is discussed in the general truck route ordinance. STAFF REOOMMENDATIONP Approval COMMISSIONS Jackson made emotion to accept the ordinance. Bacon seconded the motion. Bacon, Jackson, Redmon, Duncan, and Gore voted in favor, and Devine voted no. Motion passed. ARE0030D ~I it i aoig Traffic Safety Minutes January 10, 1994 page 12 i Craig said trainers were hshocked. They couldnr'tdbelieve tho3e, dump itrucks were on were CitY running on City streets. Devine ee ordinnce. city Craig ordinance said yes. The garb vehicles are exempt from the age trucks are unbelievable. Devine asked if that was passed by City Council. She said the Federal Government has done that for years and we are in trouble. Just because we do it doesn't make it right. Gore asked Iwuchukwu to present staffs recommendation. twuchukwu said he would like to point out a sentence on page 4 of the package. It is really the intent of the ordinance. The city of Denton wants the concrete trucks to stay on state highways as long as possible. This is a summarization of what the ordinance is possible. This trying is what Jerry Clark a said was the ordinances l intent, Th Devine said so the intent is that they can deliver in the city. i Iwuchukwu said that is correct. Gore said the ordinance is increasing the weight to 54,000 pounds. Devine said that was to limit them to 540000. Iwuchukwu said most of them operate with an over on oor weight because they have thde permits What Eththey can is ordi ance ais r trying to do is make them stay on the state highway system as long as possible. It is not to drive anyone out of business. I Patton come forward to give a summary. He said what good would it do to on the lstre streets. The commission is commended for raising the load limits. Gore said it is not the intent to pick on concrete trucks but to work within the guidelines. Patton asked when the ordinance passed. Iwuchukwu said 1991. extend it to Prairie to from correct tocust the to 48,000 Elm. limit to Gore 000 a and this ordinance was 54 Gore said she thought it would be best to table the request for further study. Bacon said if the only choice was to raise it to 54,000. Gore said plus extend the route. Bacon said she had a problem with garbage trucks. Gore said that is discussed in the general truck route ordinance. STAFF RECOHHENDATIONs Approval COMMISSIONS Jackson made a motion to accept the ordinance. Bacon seconded the motion. Bacon, Jackson, Redmon, Duncan, and Gore voted in favor, and Devine voted no. Motion passed. ASE0030D x. 1 I ^J• Traffic Safety Memo February 24, 1994 rtI 17 page 5 ITEM 13 TRUCK ROUTE ORDINANCE: The ordinance was previously considered by Traffic Safety Commission in the January 10, 1994 meeting. The proposed ordinance was approved but there were still a lot of unanswered questions about the intent of the ordinance. Staff had several concerns with relation to enforcement which the proposed ordinance did not clearly address. The affected companies were also concerned so their comfort level was not good enough to precede on. Staff felt some of the concerns were realistic and needed to be addressed. The supply of concrete for infra structure and building construction is critical to Denton's future development and also to maintenance of existing facilities. When concrete unit prices rise, many other prices have to rise also to cover the cost of concrete components which can slew growth and delay maintenance projects. Staff held several internal meetings that include the Police, Legal, and Engineering and Transportation departments to work out the "bugs". These meetings are responsible for the end product in your packet that communicates the real intent of the ordinance much more effectively. Officer Blalock and the Engineering and Transportation Department have worked with Redi Mix (Gifford Hill) and Lake Cities who seem pleased with the changes and the clarity the ordinance has. We explained how they can deliver anywhere 3 inside the city with either overweight permits or the new proposed standard axle loads. We are recommending a new standard for the regular loads that more closely describes real life design features for concrete trucks. Overweight permitted loads are to stay on state designated highways until they absolutely have to get off using the shortest delivery routes for loading and unloading. Trucks are required to have their special rear axle system down when overweight. Standard loads for reds-mix trucks are proposed to be 16,000 pounds front axle and 40,000 pounds rear axles which is close to our design axle loads of 18,000 pounds and still lets the concrete companies basically carry a full load. The ordinance adds West Prairie between Elm and Locust to get Redi Mix to a state highway and adds 135W frontage road and Metro street to gat Lake Cities to a state highway. Since the concrete companies will prefer to operate with the overweight loads most of the time, we feel these corrections are critical to making the ordinance work. 135 West service road was really already covered with I3SW but we felt the proposed ordinance has to be vary clear so police and the courts can easily prosecute violations. Metro street has not been a problem to date but as It develops new owners should have the truck route in place by ordinance so they can easily become aware before purchase or lease arrangements are finaled. A1EE 003 S4 i l a~ M1f rr I r 'n YtJ all, Zip, v~ Traffic Safety Memo February 24, 1994 page 6 ~a0 TTf The modifications made are acceptable to Police, Legal, Engineering a Transportation, and the 2 major concrete companies. This ordinance is crucial to protect the major investment that the City of Denton has in street infrastructure. We need to get the design life we expect (20 years plus) for new streets and reconstructions. Extensive communication between all effected parties seems to have resulted in an ordinance that is # enforceable. Staff recommends approval of the proposed truck route ordinance change for redi-mix concrete vehicles. f 1 I I I I l f f. i I ARR00354 Pl If' S a r I 1u t ! ~ I r ya rp r : y 1 y Traffic Safety memo February 24, 1994 In p page 6 of The modifications made are acceptable to Police, Legal, Engineering & Transportation, and the i major concrete compi.ntes. This ordinance is crucial to protect the major avestment that the city of Denton has in street infrastructure. He need to get the design life we expect 120 years plus) for new streets and reconstructions. Extensive communication between all effected parties seems to have resulted in an ordinance that is enforceable. Staff recommends approval of the proposed truck route ordinance change for redi-mix concrete vehicles. ~ I I I t I 1 I I ASSO0354 ~z I I i~ 4 v C 4 I { . k e ~ a .Y , 1 14 Traffic safety minutes )'"c u March 7, 1994 `wpage 6~7 ITEM $2 TRUCK ROUTE ORDINANC6t Clark presented the reQiest. He Paid this was presented January 10th. There were some items still floa`.ing and there seemed to be a lot of questions. Staff took the feedback and reworked the ordinance with input from the Police Department, redi-mix companies, and the Legal Department. The previous presentation was correct. Staff is identifying two types of uses. Those are as followat Standard Loading is allowed under no permit by the State. That is 56,000 pounds. Staff recommended 54,000 bsfore but it caused too much confusion. The 54,000 came from 18,000 pound axle loads which is a civil engineering design load. Apparently, the redi-mix trucks have 16,000 pounds on the front axlo and 40,000 on the rear two. This means you have 20,00a pounds on each rear axle. That's the way the trucks were designed. The companies were excited staff was willing to go to this and allow them in most cases to make most loadings in town without an overload permit. Overwsigbt Permit allows them to run at 69,000 pounds. The 69,000 pounds Is well over the 18,000 pound axle load. What that is intended to do is allow deliveries on 135 and the + major state roads where you have the correct pavement sections. Staff has added verbage which says you will stay on state j roads (Highway 350, Sherman Drive, US77, McEinney, Dallas Dr, j etc) until the very last minute then you could get off for your delivery. You can run the overload weight across the city streets even off the truck weight ordinance but only from I the very minimum point. The verbage has been changed so that all understand and agree on its Intent. They are not going to be allowed to run down streets like Woodrow Lane, Shady Oaks j Road, Eagle Drive, Ruddell to Mingo, and Colorado Boulevard. Those are truck routes which are city routes. To use those with overweight loads, they would have to stay on the state road as long as they could. These are the two type permits. The City gets no revenue for those. Streets are not designed thiek enough. If you gat up is the 22,000 pound axle loads, the streets are really torn up. Staff is recommending that if you do run on the overweight permit that you stay on state highways as long as possible. The ordinance does reflect that City vehicles are exempted. The Deputy City Manager, Rick Svehla, has made a commitment that we are going to work hard to do what we ask other people to do. There are some large vehicles like solid waste trucks AEE00365 i i Ed,/, 0 I t ,Olb Traffic Safety Minutes b~ March 7, 1994 ~j:.,...•..~~ page 7 lqo that you can't do it because they are not designed that way. They are designed to be more like the overweight loads and do tear streets up sometimes. But, until the industry changes and makes them lighter, staff doesn't have any choice. Dump trucks for operations in Utilities, Streets, etc, will make sure that they are hauling according the weight limits of 56,000 pounds. Truck route ordinance maps have been passed out to the companies. The ordinance that was revised hasn't been received. If the commission has any concernr about that, it can be tabled and presented next month. There is a slight addition of roads. In order to get Redi-Mix (Gifford Rill) covered, Prairie street over to Elm from Locust was added. It currently comes to Locust street. Just to be sure there wasn't any error, 135 service road was added along with Metro street. STAFF REOOMMENDEDi Approval with the addition of modifications from the } last time. CO.-J4IS9I0NERSt Jackson made a motion to accopt staff's recommendation. Kay seconded the motion. Motion passed unanimously. 1 f r i ASS0036S ff{ 1 I e r 4 k 6 i i Ji ~ I i 1 , 1 . 41 T7,iEC-I; Routk. t. i it I f' i f E: k6PD0C5WAD\TE0000UT. ORD ra~lr qU-Ol6 ORDINANCE NO. I6 lICS AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF CHAPTFR 18, ARTICLE II, DIVISION 2 RELATING TO TRUCK ROUTF 1 PRO- VIDING FOR THE WEIGHT OF VEHICLES USED EXCLUSIVELY TO TRANSPORT READY-MIX CONCRETE; PROVIDING FOR CERTAIN ROUTES FOR VEHICLES POSSESSING A STATE-ISSUED OVERWEIGHT PERMIT; ADDING A PORTION OF PRAIRIE STREET TO THE TRUCK ROUTE; PROVIDING FOR A REPEAL OF ANY ORDINANCE IN CONFLICT THEREWITH; PROVIDING FOR A S£VERABILITY PRO- VISION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS OF THE PROVISIONS HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DEN':ON HEREBY ORDAINS: That Ordinances# Denton Texas, is hereby amended ptorr a18 d as e folCode of lows: 1 (c) Vehicles used exclusively to transport ready-mix con- crete shall be operated in accordance with the provisions of Texas Revised Civil Statutes Annotated article 6701d-12, Section 2 (Vernon 1977s Supp. 1991), as amended. f (1) No vehicles regulated by this paragraph shall carry a tandem-axle load which exceeds forty thousand (40,000) pounds, a single-axle load which exceeds sixteen thousand (16,000) pounds, and a gross load which exceeds fifty-six thousand (56,000) pounds. j (2) Vehicles regulated herein when travelling ~J upon city streets shall travel exclusively on streets designated under Sec. 18-53 of Chapter 19 of the Code of Ordinance, except when travelling to or from a truck terminal, garage, place of repair, place of performing a service, or a place of loading or unloading. Any route travelled in accordance with this paragraph shall be over the shortest distance from the point of origin or destination to the closest street designated under Sec. 18-53. The operator of any such vehicle Shall have in his possession for inspection of police officers, his log book, delivery slips, or other evidence of his destination and point of origin to justify the presence of the vehicle on a street other than a designated truck route and shall present Said evidence on demand of any police officer for this exception to apply. i l j :x i k` (3) Vehicles regulated herein exceeding the weight requirements as specified in (1) above shall be operated exclusively upon State-designat- ed roadways and pursuant to all regulations of State law. SECTION II. That Sec. 18-52 of Chapter 18 of the Code of Ordinances, Denton, Texas, is hereby amended to read as follows: (a) It shall be unlawful to operate or cause to be operated upon any public street witi.in the corporate limits of the city any commercial motor vehicle, truck-tractor, trailer, semitrailer, pole trailer or any combination thereof except on such street or streets as are designated as truck routes. The provisions of this paragraph shall f not apply: s (1) To a vehicle travelling to or from a truck terminal, garage, place of repair, place of per- forming a service cr a place of loading or un- loading, over the shortest practical route to a point on a truck route. Any such vehicle shall be permitted to proceed from one point not on a truck route to another such point without returning to a r truck route if to return would unreasonably in- crease the distance to be traveled between such points. The operator of any such vehicle shall have in his possession for inspection of poltce officers, his log book, delivery slips, or other evidence of his destination and point of origin co justify the presence of the vehicle on a street other than a designated truck route and shall present said evidence on demand of any police officer for this exception to apply. (2) To an emergency vehicle operating in response to any emergency call. (3) To a vehicle operated by a public utility while cruising in an assigned area for the purpose of inspecting the facilities of such Liblic ut•ill- ty or providing maintenance service to such facil- ities. (4) To a City-owned vehicle operated for the col- lection of solid waste. (b) Notwithstanding any provisions of this Chapter, any vehicle operated pursuant to an overweight permit issued by ti 1 4{ 3 /l PAGE 2 f ,q y A t t r x l 1, -y ~8~ r q the State of Texas shall travel exclusively on streets within the incorporated limits of the City over the shortest distance from the point of their origin or designation to the closest state highway. i I4LL l That Sec. 18-53 of Chapter 18 of the code of Ordinances. Denton, Texas, is hereby amended to include the following new provision for inclusion to truck routes: Metro Street from Interstate 35W Service Road to its end. Prairie Street from Sell Avenue to Elm Street. SECTION IV That sec. 18-51 of Chapter 18 of the Code of r Ordinances, Denton, Texas, is hereby amended to include the 4! following definition: State-desianat d road U.S. highway FIX, shall mean any interstate highway, 1 . M, highway, or loop. i I SECTION V. That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECT_ Io_ N VI. That the provisions of this ordinance are separa- ble, and the invalidity of any phrase or part of this crdinance shall not affect the validity or effectiveness of the remainder of the ordinance. SEC'rI- 0_.N M. That any person violating any provision of this ordinance shall, upon conviction, be guilty of a misdemeanor, and upon first conviction shall be fined a sum of not less than Twenty- five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00), and on a second or subsequent conviction a sum of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00). ,ZQTION VIiir That this ordinance shall become effective four- teen (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 news- Paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PAGE 3 1 f I v:', Y:M1rt`~r. ,}pr 4 3.- ~ / PASSED AND APPROVED this the day of , Igg,_ BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY 4 BY: APPROVED AS 'f0 LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: ~ f r' i i r ~ j rr I I II + III rI 4 j PAGE 4 S ~ N r ~ 1 J t i7 yf+ .9 W PASSED AND APPROVED this the day of , 199_ BOB CASTLEBERRYo HAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY., APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY _ BY., ~ I ! I f it a i ~f ( PAGE 4 t, CITY ..:,COUNCI i I i I~ f i i 41 4 ~ i S 0 4+0 M t t { i g M1! enS5daNo N--0-7 A prB33tf~d)3se CITY COUNCIL AGENDA ITEM TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: ADOPTION OF AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MELVIN AND DOROTHY HARTLINE FOR THE PURCHASE OF PROPERTY ON FOSTER ROAD E ; RECOMMENDATION: The Planning and Zoning commission recommends approval. 1 SUMMARY/BACKGROUND: The City was able to reach an agreement with Melvin and Dorothy Hartline relative to the purchase of 6.63 acres of real property on Foster Road for the expansion of the Denton Municipal Landfill. The purchase price for the property with related improvements is ; $165,052. i The Hartline's will be allowed to occupy and utilize the home and building through January 1, 1995, rent free. i r The Hartline's will be allowed to remove personal property items mutually agreed upon by the City and the Hartline's. The City also agrees to provide the survey of the property. 1 PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: The Hartline Family, the City of Denton Solid Waste Division, and the Citizens of Denton. FISCAL IMPACT: $165,052. Respect ly submi ted, Lloyd V. Harrell City Manager i i A17794C I l 9 1:} 1 s 6 CITY COUNCIL AGENDA ITEM %r?ardo.~Ib April 5, 1994 I Page z Prep r d by: Charles Watkins Superintendent, Solid Waste Approved b R. E. Nelson Executive Director of Utilities i I I f. i i v' ~t r k ` p A17794C a a't 17 f k E1\IADOCS\DRD\HAR1L[WE , ~ndaNo - v , ~ Apen~aite # ~ 3~/p ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND MELVIN AND DOROTHY HARTLINE TO PURCHASE PROPERTY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is authorized to execute a Real Estate Contract between the City of Denton and Melvin and Dorothy Hartline for the purchase of property, under the terms and conditions contained in said agreement, which is attached hereto and made a part hereof, and is authorized to execute any other document which may be associated with the purchase of said property. i SECTION Ii. That the City Council hereby authorizes the expenditure of funds in the amount of $155,052.00 for the purchase of said property and any closing costs, including the cost of property survey, as specified in the Agreement. j SECTION iIT That this ordinance shall become effective immed- iately upon its passage and approval. k PASSED AND APPROVED this the day of , 1994. BOB CASTLEBERRY, MAYOR ! ATTESTS JENNIFER WALTERS, CITY SECRETARY BY. s i I APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY j BY: r g tiX} ;,;.~i s. s ~ Y a Y ~ P I hL„r. q ,pto _ REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between MELVIN AND DOROTHY HARTLINE (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for, the tract of land containing ap- proximately 6.63 acres of land situated in Denton County, Texas, being more particularly described in Exhibit A attached hereto and incorporated herein by reference for all purposes together with all j and singular the rights and appurtenances pertaining to the prop- erty, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as t the "Property"), together with any improvements, fixtures, and per- sonal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. PURCHASE PRICE I I 1. Amount of Purchase Price. The purchase price for the Property shall be the sum of ONE HUNDRED SIXTY-FIVE THOUSAND FIFTY- TWO DOLLARS ($165,052.00). 2. Payment of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the trans- actions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. 1. Preliminary Title Report. Within twenty (20) da;3 after the date hereof, Seller, at Seller's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a pre- liminary title report (the "Title Report") accompanied by copies of I i r Wvo all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser re- ceives the Title Report that the condition of title as set forth in the title binder is or is not satisfactory, and in the event Pur- chaser states the condition is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser; otherwise, this con- dition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2. Sury y. Upon written request by Purchaser delivered to Seller contemporaneously with Purchaser's delivery of an executed original of this Agreement, Seller shall within twenty (20) days from the date hereof, at Purchaser's sole cost and expense, deliver to Purchaser a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other wator courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and h^unds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period give Seller written notice of this fact. Seller shall, at Seller's opt+on, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, P+rchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3• Seller's CompllanSeller shall have performed, ob- served, and complied with ail of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior t) or as of the closing. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby rapresents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: PAGE 2 i r r t qtl 61 1. There ire no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers. 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or asses- sment affecting the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 4. There are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCfA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCIA), as amended. In the event any such toxic or hazardous wastes or materials are found upon the Property, Seller shall be responsible for the expense of removal of f these wastes or materials upon receipt of written notice of the ? presence of these wastes or materials. MISCELLANEOUS OBLIGATIONS OF PARTIES Seller shall be allowed to occupy the property until January 1, 1995. r CLOSING The closing shall be held at the office of I Company, Denton, Texas, on or before 71t1e or at title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). CLOSING REQUIREMENTS 1. Sellers R rntlrnw. At the closing Seller shall: A. Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: 1. General real estate taxes for the year of closing and subsequent years not yet due and payable: j PAGE 3 'c i ,bc 2• Any exceptions approved b} Purchaser pursuant to PurChacnrre n,,i__.. oft and = o s here- 3• Any exceptions approved by Purchaser in writing. B• Deliver to Purchaser a Texas Owner's Title Policy at Seller Is sole expense, issued by Denton, Te any as Seller and Purchaser may mutually agree upontlin Purch- aser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property object only to those title exceptions listed in ~ -_s hereof, such other exceptions as mayosinabe i approved in writing by Purchaser, and the standard printed exceptions contaiied in the usual form Title Policy, provided, however: of Texas Owners f 1• The boundary and survey exceptions shall be deleted if required by Purchaser f and if so required, the costs associated i with same shall be borne by Seller; 2• The exception as to restrictive cove- nants shall be endorsed "None of Record"; e 3• The exception as to the lien for taxes ! shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"; and 4• The exception as to liens encumbering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing, 2price to Seller at Closing in immediately Purchaser shall pay the full cash folds. purchase tely available 3• C`losina ~afa shall only be res onsible Throughptae date of Closing, Purchaser city of Denton and, Seller shall pa ymall other of taxes assessed by the taxes any other tax jurisdiction through the date of Closing. assessed es imposed, assessed or arising because of a of use taxes Property after closing shall be paid by change of use of the taxes sh imposed by the City of Denton, hich taxes shalldbexpaid by Purchaser. PAGE 4 E i i e l ' ++kk a a All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated `Ierein shall be equally shared by Purchaser and Seller. REAL ESTATE COMMISSION Any real estate commissions occasioned by the consummation of this Agreement shall be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Purchaser from any and all claims for these commissions. BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement. BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may either enforce specific performance of this Agreement, or terminate this Agreement. MISCELLANEOUS 1. ssignmgnt of Agreement. This Agreement may not be assigned by Purchaser without the express written consent of Seller. I 2. Survival of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail., postage prepaid, certified mail, return receipt requested, addres- sed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. Texas Law to Aonly. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Dent 5n County, Texas. 5. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and PAGE 5 i r i i' Y i assigns where permitted by this Agreement. 6. Legal CoV=MV 122. In case any one or more of the visions contained in this Agreement shall for any reason be holdrto be invalid, illegal, or unenforceable in any respect, said in- validity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior Agreem n Sunersedga, This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 8. Time of Essence. Time is of the essence in this Agreement. 9• Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 1 10. Memorandum of Contra Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. f il. COIDDlianc~, In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Time Lim". In the event a fully executed copy of this Agreement has not been returned to Purchaser within five (5) days after Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser shell have the right to terminate this Agreement upon written notice to Seller. DATED this _ day of , 1994. SELLER MELVIN HARTLINE 4444 Foster Road Denton, Texas 76208 DOROTHY HARTLINE 4444 Foster Road Denton, Texas 76208 PAGE 6 r i I ' 1. 0/0 assigns where permitted by this Agreement. 6. Leval Cons r Q_tJ n In case any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said in- validity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior Aarepfio.+ra c~~norsed This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 8. Time of .eROlop. Time is of the essence in this Agreement. 9, 9A D9=. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contra f, Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11. Comas fiance, In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection, 12. Time Limit, In the event a fully executed copy of this Agreement has not been returned to Purchaser within fivo (5) days diter Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. DATED this day of , 1994. SELLER MELVIN HARTLINE 4444 Foster Road Denton, Texas 76208 DOROTHY HARTLINE 4444 Foster Road Denton, Texas 76208 PAGE 6 r.. , q S~ ILI— ~S y 5 q~ NI /0 PURCHASER THE CITY OF DENTON, TEXAS LLOYD V. HARRELL, City Manager 215 E. McXinney Street Dent-n, Texas 76201 I ' I I STATE OF TEXAS COUNTY OF DENTON This instrument was ackn MELVINe bef o e me on by HRTLINE. i s NOTARY PUBLIC IN AND FOR TEXAS `r 1 STATE OF TEXAS COUNTY OF DENTON i This instrument was acknowledged before me on _ by DOROTHY HARTLINE. NOTARY PUBLIC IN AND FOR TEXAS i STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, the on by LLOYD V. HARRELL, City Manager, of the City of Denton, as molPal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowl- edged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate resolution of the City Council of the City of Denton and that he executed the same as the act of the said City for purpose and consideration therein expressed, and in the capacity therein stated. NOTARY PUBLIC IN AND FOR TEXAS e PAGE 7 i . i 1w, l6o610 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCB, CITY ATTORNEY BY: ~~lA(/rct~ r /'vti 1 t e i Et\11PDOCt\K\MtiISMI.K PAGE 8 F COUNCI % 0~ p f ~ Mr 0. O s ~l r 4r0 f. it% w i CITY COUNCIL RFPQRT Agenda No. 2q Agendalfe TO: Mayor and Members of the City Council 'ble FROM: Lloyd V. Harrell, City Manager DATE: March 30, 1994. SUBJECT: Naming of the Leathers Playground located within South Lakes Park. RECOMMENDATION: Approval of an ordinance which would name the Leathers Playground at South Lakes Park, EUREKA! kk k SUMMARY: At the March 22 Council Meeting, Parks and Recreation Department staff' was f given direction to proceed with naming the Leathers Playground within South Lakes Park, EUREKA! j { BACKGROUND. A 'Name the Playground" contest was initiated among D.1.S.D, elementary and middle school students, and approximately 250 names were submitted. A vote determined the top four choices which were submitted and approved by the Parks and Recreation Advisory Board at their February 21 meeting. These names were then taken back to the school children on Mcvch 8 for a final vote. The two names that received the majority of the votes were EUREKAI and KIDS WORK. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED, The citizens throughout the City will benefit from this community based endeavor. i FISCAL IMPACT: The Texas Parks and Wildlife Department has approved, via the grant, j $70,000 for the construction of two playgrounds. A portion of this approved amount will be utilized to help supplement the efforts of the community. The remainder of the funding will be provided by the community. Through ongoing fundraising the Denton community will provide the resources necessary to maintain the playground in the years to come. RESPEC -ULLY SUB ED: oy V. 14arrell City Manager " Prepared by: i Rich Dlugas Director Parks and Recreation Department APpr v y: Betty Wean Executive Director Economic Develonment/Municinal Senices f s S e fi r , 5 , Et\YIWOGi\ORD\LEAIHEA.O r,;~ r ~ ORDINANCE NO. (f - AN ORDINANCE NAMING A PUBLIC PLAYGROUND IN SOUTH LAKE PARK; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton has designated a public playground within South Lake Park; and WHEREAS, Friends of South Lake Park have racommended to the Parks and Recreation Advisory Board the names of Eurskal, Fun-Da- Mentals, Kids Work, and Mathpaths for consideration; and i WHEREAS, the Parks and Recreation Advisory Board recommends to the council the names of Eurekal and Kids Work for Council's consideration; and WHEREAS the City council has determined that it would be proper and fitting to name the playground Eurekal, and wishes to recognize the children of Denton who submitted the names; NOW, THEREFORE, I ~ THE COUNCIL OF THE CITY OF DENTON HEREBY ORDINANCE: i SECT2oN i. That the public property acquired for playground j purposes located in South Lake Park shall now and hereafter be 1 known and designated as Eurekal { SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1994. I i BOB CASTLEBERRY, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY I I BYs APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY I BY: , i { i I "CITY .COUNCI i I 0 4 Q O ' 1pM y s ~ y R AgalaNo -C,~O AgendaIt~_ CITY COUNCIL REPORT~`~,"1g94 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: APPOINTMENTS TO THE DENTON HEALTH FACILITIES DEVELOPMENT CORPORATIONS, INC., BOARD OF DIRECTORS BECOMMENDATrnru; Staff recommends appointment of Lloyd V. Harrell, Rick Svehla, and Kathy DuBose. --MY: The Denton Health Facilities Development Corporation was organized in 1984. It is a nonproft public health facilities development corporation. Board members serve as managers for the affairs of the corporation, and serve six year terms. Current terms expired in 1993 making it necessary to appoint successors. This action is necessary to comply with the articles of Incorporation. AR~AMS DEPARTMENTS OR GRO roc FE ` CT N/A FISCAL IMPACT; Thera Is no cost to the City. Respectfully submitted: Lloyd V. Harrell f~.vuw ey; City Manager Forsyth. EIS/nrtfw swatHy Approved by: K.th . Inp c Ea1CYtiv or of Fin me AFF0073E ,I 1 (¢Jr 1 . ray 1 i Q ~ 3 cfTy Qf DENTON, TEXAS MUMlClPAL 8Ur D- / 216 McKfNNEY / DENTON, TEXAS 76201 MEMORANDUM DATE; March 31, 1994 TO: Lloyd V. Harrell, City Manager Kathy DuBose, Acting Executive Director of Finance 4 FROM: SUBJECT: BOARD APPOINTMENTS TO THE DENTON HEALTH FACILITIES DEVELOPMENTCORPORATION, INC. i I 3 I oint three board members, Lloyd V. Harrell, Rick Svehla and myself 1 1 The request to epp ! is necessary to comply wihetthe ionelncclBThe appointments will be for a period of six Facilities Development Corpo years. if you need further information, please advise. rAFFMOI ?J,e i 8111666-820o D/FW METPO 434.2629 If k s S M Ea\1i40C3\;ES\NEAITN.fM RESOLUTION NO- i A RESOLUTION APINTING MEMBERS TO THE BOARD OF 3 a~ 3 DENTOON HEALTH FACILITIES DEVELOPMENT CORPORATIONS; RAND D CLARING AN EFFECTIVE DATE. WHEREAS, the terms of the office of Lloyd V. Harrell, Rick Svehla, and John McGrane as members of the Board of Directors of the Denton Health Facilities Development corporation having expired; and WHEREAS, the City Council wishes to appoint their successors; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~T?crtoH i. That the following individuals are hereby appointed as the Board of Directors of the Denton Health Facilities Develop- I ment Corporation: Lloyd V. Harrell ' Rick Svehla Kathy DuBoss c,rrrTp I. That the term of office for said members shall be ' for six (6) years. ~rr•Trorr IIi, That this resoluion shall become effective immediately upon its passage and approval. day of , 1994. PASSED AND APPROVED this the BOB CASTIF.BERRY, MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORM; DEBRA A. DRAYOVITCH, CITY ATTORNEY BY2 ti l e E:\WM=\xES\NEALi1.IAC , ~-il-~. ~ RESOLUTION NO. ~ a RESOLUTION DEVELOPMENT CORPORATIONS; DAND~DEOCLARIN THE HELTH FA AN EFFECTIVE DATE. WHEREAS, the terms of the office of Lloyd V. Harrell, Rick Svehla, and John McGrane as members of the Board of Directors of the Denton Health Facilities Development Corporation having expiredL and WHEREAS, the city council wishes to appoint their successors) NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES! =TION L That the following individuals are hereby appointed as the Board of irectors of the Denton Health Facilities Develop- ment corporation: Lloyd V. Harrell Rick Svehla Kathy DuBose r~ T1, That the term of office for said members shall be for six (6) years. ~Fr'rION ILL That this resolution shall become effective immediately upon its passage and approval R , 1994. J PASSED AND APPROVED this the day of BOB CASTLEBERRY, MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY BYs - APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY Sys r e r ~C IT'S COUNCI o 4 410 ~ t ~ 4~~ [pe .V yV f apendaNo G Aridalte Ps-9 Date !e~ 2 . CITY of DENTON, TEXAS MUNICIPAL BUILDING /DEN TON, TEXAS 76M I TELEPFIONE (8?7) 566.8909 Office of fho city secretary MEMORANDUM I i DATE: March 29, 1994 TO: Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary SUBJECT: Board/Commission Appointments I The following is a list of the vacancies for the City's Boards/Commissions: Plumbina and Mechanical rode Board - Richard Cooper has indicated to Jackie Doyle that he has resigned from the Board as he currently is a member of the Planning and Zoning commission and does not feel that he can fulfill the duties of both boards. This is a k nomination for Council Member Brock. xeg2 Denton apa~~tiful BQ~ - Dick Engle has resigned from the i Board. This is a nomination for Council Member Perry. If you need any further information, please let me know. i , Lam-- J Jenn r Wa ers city cret ACCOOOF4 ' r 12: 39 ADULT P. T. Peu'" R~ xa~ t t A9 T0: 991756Ge2 Sb me 14ANDOUT TO COUNCIL 4-5-94 XAT3KyD£VIN£ 625 i)ALLAS DR.. #250 ?R~lff"LC C4T1,rL1SSl.ON£R. i3l7-S66-Si l7 April S, 1994 Dear Mr. Clark: Danny Patton has expressed concern about the clarity of the revised ordinance on page 2, SECTION 11, (b). He has talked with Julia Milts in Austin. Ms. Miles told Mr. Patton that the Certification of Surety Bond for the Transportadon of Ready-Mix Concrete is the overweight permit needed to comply with this ordinance. Mr. Patton would like the ordinance clarified. i recommend the following change: (b) Notwithstanding any provisions of this Chapter, any vehicle operated pursuant to an overweight permit (certification of surety bond for the transportation of ready-mix concrete) issued by the State of Texas etc, i Please let me know If this revision is possible. J Thank you so much for all the work you have put into this ordinance. I really appreciate your help. i Sincerely, Kathy Devine S i { { a a r12:39 AU LT P. T. rearm C1t7R~N37 tR9 T0: 9E 175o6E2 ib hbe HANDOUT TO COUNCIL 4-5-94 K,A71rtyDEVINE 625 I)ALLAS DR. #250 7R..~lFf"LIr COMM,I,SS'LONER 817-S813-SI l7 April 5, 1994 Dear Mr. Clark; Danny Patton has expressed concern about the clarity of the revised ordinance on page 2, SECTION II, (b). He has talked with Julia Miles in Austin. Ms. Miles told Mr. Patton that the Certification of Surety Bond for the Transportation of Ready-Mix Concrete is the overweight permit needed to comply with this ordinance. Mr. Patton would like the ordinance clarified. I recommend the following change: (b) Notwithstanding any provisions of this Chapter, any vehicle operated pursuant to an overweight permit (certification of surety bond for the transportation of ready-mix concrete) issued by the State of Texas etc. Please let me know if this revision is possible. Thank you so much for all the work you htve put into this ordinance. I really appreciate your help. Sincerely, Kathy Devine f i if SCIT - -COUK l r~ I V i i 1 CL~~ I i 4 ` I k 1 Ill i I EE i