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AGENDA Dice ~3~9
CITY OF DENTON CITY COUNCIL
April 19, 1994
Work Session of the City of Denton City Council on Tuesday, April
190 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:
NOTE: Any item listed on the Agenda for the Work Session may
also be considered as part of the Agenda for the Regular Session.
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r 5:15 p.m.
10 Executive Session:
A. Legal Matters Under TEX. GOVT CODE Sec. 551,071
16 Consider offer of settlement in Bowen claim.
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B. Real Estate Under TEX. GOVT CODE Sec. 551.072
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C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
2. Receive a report, hold a discussion and give staff direction
regarding the naming of the Leathers Playground at South Lakes
! Park.
3. Receive a report, hold a discussion and give staff direction
i regarding policies and procedures affecting the permanent
part-time assistant municipal fudge position.
7 Regular Meeting of the City of Denton City council on Tuesday,
April 19, 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.
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1. Pledge of Allegiance
2. Consider approval of the minutes of the Regular Session of
March 22, 1994.
3. Consider approval of a resolution of appreciation for Ruby
Morris.
4. Receive a citizen report from Jennifer Hays regarding
residential parking on the Square.
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April 19, 1994 AgeadailaCln~ '"T~-7-f---
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5. Public Hearings
A. Hold a public hearing to consider a variance request to
paragraph 34-114, (9) of the Code of Ordin:ivices,
pertaining to intersection spacing at the proposed
Northwood Estates Addition. The 2.805 acre site is
located on the southeast corner of old North Road and
Windsor Drive. (The Planning and Zoning Commission voted
3-3 at the April 13, 1994 meeting.)
B. Held a public hearing and consider adoption of an
ordinance amending the detail plan for San Jacinto Plaza
which is a portion of Planned Development District 6
located at 2300 through 2324 San Jacinto Blvd. This
amendment will increase the maximum square footage for
the Plaza at buildout from 129,000 to 135,430 square
t feet. (The Planning and Zoning Commission recommended
approval at the April 13, 1994 meeting, 6-0.)
a 6. Consent Agenda
Each of these items is recommended by the staff and approval
thereof will be strictly on the basis of the Staff recommendations.
3 Approval of the Consent Agenda authorizes the City Manager or his
designee to implement each item in accordance with the Stuff
recommendations. The City council has received background
information and has had an opportunity to raise quearions regarding
these items prior to consideration.
1 Listed below are bids and purchase ordera to be approved for
payment under the Ordinance section of the agenda. Detailed back-
up information is attached to the ordinances (Agenda items 7,A,
7.B, 7.C, 7.D). 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 a citizen regarding an item on the Consent Agenda,
the item shall be removed and be considered before approval of the
Consent Agenda.
A. Bids and Purchase Orders:
1. Bid 01587 - Water Treatment Chemicals ~
2. Bid 11611 - Furniture - DMC
3. Bid 11616 - Padmounted Switchgear
4. Bid 01577 - Airport Parking Lot
5. Bid 01606 - Underground Electric Distribution
construction
6. P.O. 044087 - Inchape Testing service
7. P.O, 144086 - Motorola Inc.
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April 19, 1994
Page 3
B. Plats and Replats
1. Preliminary plat of Lot 1, Block 1 of the Gateway
Addition. The 6.355 acre lot is located on the
west side of Hinkle Drive, approximately 110 feet
north of Meadow Ridge Road. (The Planning and
Zoning Commission recommended approval at the April
13, 1994 meeting, 6-0.)
2. Preliminary plat of Lot 1, Block 1 of the spencer t
Addition. The .9848 acre lot is located on the
south side of Highway 380, approximately 630 feet
west of Mayhill Road. (The Planning an Zoning
Commission recommended approval at the April 13,
1994 meeting, 6-0.)
3. Preliminary plat of Lots 1 through 8, Block A of
the Northwood Estates Addition. The 2.805 acre
site is located south of Windsor Drive, and east of
Old North Road. (The Planning and Zoning
I Commission voted 3-3 at the April 13, 1994
meeting.)
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1. Golden Triangle J/V - $1,017.44
2. Golden Triangle J/V - $999.27
` 3. Golden Triangle J/V - $584.86
~J 7. ordinances
A. Consider adoption of an ordinance accepting competitive
bids and awarding a contract for purchase of materials,
equipment, supplies or services. (6.A.1. - Bid 01587,
6.A.2. - Bid 01611, 6.A.3. - Bid 11616)
B. Consider adoption of an ordinance accepting competitive
bids and prosHing for the award of contracts for public
works or improveaenta. (6.A.4. - Bid 015771 6.A.5. - Bid
/1606)
C. Consider adoption of an ordinance authorizing the city
Manager to execute a purchase order with inchape Testing
Scrvicea for professional testing services relating to a
series of testa for the wastewater treatment plant for
the city of Denton. (6.A.6. - P.O. 144087)
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D, Consider adoption of an ordinance providing for the
expenditure of funds for purchases of materials or
equipment which are available from one source in
accordance with the provisions of state law exempting
such purchases from requirements of competitive bids.
(6-A.7. - P.O. #'44086)
E. Consider adoption of an ordinance abandoning and vacating
a portion of Deerwood Parkway, located west of its
intersection with Grant Parkway, as a public street, and
reserving a drainage and utility easement. (The Planning
and zoning commission recommended approval at the March
9, 1994 meeting, 5-1.)
F. Consider adoption of an ordinance authorizing the City
Manager to execute an interlocal agreement between the
City of Denton and Texas Natural Resource Conservation
t Commission to establish and operate a demonstration
composting project.
G. Consider adoption of an ordinance authorizing assignment
pay for Fire Department employees in the classification
driver who are also assigned to perform the duties of
} maintenance/logistics officer.
kf i H. Ccnsider adoption of an ordinance authorizing assignment
pay for Fire Department employee in the classification of
captain who is also assigned to perform the duties of EMS
t program manager.
I. Consider adoption of an ordinance amending portions of
Chapter 6, Article It Section 6-9 of the Code of
Ordinances relating to dogs running at large and Section
6-31 relating to registration fees; providing an
exception to the leash requirement for the work and
training of police canines.
J. Consider adoption of an ordinance authorizing the Mayor
to execute an interlocal agreement between the City of
Denton and the Texas Department of Transportation for
acquiring necessary rights-of-way for a highway project
on Loop 288.
K. Consider adoption of an ordinance naming a public
playground at south Lakes Park.
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April 19, 1994
Page 5
L. Consider adoption of an ordinance amending the election
precinct designations established by the Commissioners
Court of Denton County, Texas contained in the voting
district for the City of Denton to reflect the new
precinct designations that have been adopted by Denton
County, Texas.
M. consider adoption of an ordinance approving Amendment No.
2 to an agreement between the City of Denton and the
Denton Independent School District relating to holding
their elections jointly in the election districts that
can be sarved by common polling places.
N. Consider adoption of an ordinance adopting a city logo to
be used as the official logo of the city of Denton; and
prohibiting the use of such logo by any person, firm,
corporation, or organization, other than the City of
Denton without written approval of the City Council.
8. Hold a discussion and consider approval of a proposed
annexation schedule for 79.69 acres located along FM2164
approximately 3,482 feet north of Bobcat Road and extending
450 feet on the west aide and 550 feet o t
on he east side of
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FM2164.
9. Consider nominations/ appointments to the Plumbing and
Mechanical Code Board and the Keep Denton Beautiful Board.
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lo. Vision Update
11. Miscellaneous matters from the City Manager.
12. Official Action on Executive Session Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
1 13. New Business
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j This item provides a section for Council Members to suggest
items for future agendas.
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City of Denton City Counail Agenda Agent, Ite
April 19, 1994
Page 6 -qzl
14. Executive Session;
A. Legal Matters Under TEX. G01•'T CODE Sec. 551.071
B. Real Estate Under TEX. GOVT CODE Sec. 551.072 }
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
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NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS
LEGALLY PERMISSIBLE. j
C E R T I F I C A T E
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
i the day of , 1994 at o'clock (a.m.)
i{ (p.m.)
r CITY SECRETARY
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 4
' HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN t
ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS
DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO
THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH
THE CITY SECRETARY'S OFFICE.
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CITY COUNCIL REPORT AQi!!IfliNO Ao~
TO: Mayor and Members of the City Council OOL6
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FROM: Rick Svehla, Deputy City Manager
DATE: April 12, 1994
SUBJECT: Naming of the Leathers Playground located within South Lakes Park
RECOMMENDATION: Give direction to the Parks and Recreation Department on the naming
of the community designed, funded, and built Robert Leathers Playground which is to be
constructed at South Lakes Park.
SUMMARY: Friends of South Lakes Park committee members will be present at the April 19
Council Meeting to discuss naming the playground This community-built Robert Leathers
Playground will be installed within South Lakes Park. The Friends of South Lakes Park have
requested permission to have the playground named by the chi:dren of Denton. A "Name the
Playground" contest was initiated among the D.I.S.D. elementary and middle school stud-nts, and
approximately 250 names were submived.
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' BACKGROUND: At the April 5 Council Meeting, City Council rejected an Ordinance to name
the Robert Leathas Playground located within South Lakes Park "EUREKA". Direction was
given to staff to bring this item back for further discussion at the April 19 Council Meeting.
In August 1903 the Parks and Recreation Department was awarded a $500,000 matching
grant from the Texas Parks and Wildlife Department that will supplement funds allocated in the
1986 Bond Fund Program for the development of South Lakes Park. At the present time, tho
grant allocates $70,000 for the construction of two playground areas within the park. At the
Februaiy 15 meeting, Council agreed to allocate $35,000 to be used towards the construction of
the Leathers Playground. The Friends of South Lakes Park hope to raise an additional
$50,000475,000 to put towards the construction of the playground. The construction of the
playground would be completed in a three day period during the first week of November.
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PROGRAM DEPARTMENTS OR GROUPS AFFECTEM The citizens throughout the City
will benefit from this community based endeavor.
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FlS,CAl._IMPACT• The Texas Parks and \\riIdlife Department has approved, via the grant,
$70,000 for the construction of two playgrounds. A portion of this approved amount will be
utilized to help supplement the efforts of the community. The remainder of the funding will be
provided by the community. Through ongoing fundraising the Denton community will provide
the resources necessary to maintain the playground in the years to come.
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RESPECTFULLY SUBMITTED:
I Rick Svehla t
Deputy City Manager
Prepared by: 4COUNO
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Agbnlfdltelq, ~1L`S .I
„2 1~1e ~ WWOO
Rich Dlugass - W
Director
Parks and Recreation Department
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Approved by:
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Betty c
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ORDINANCE NO. ?i(~3
AN ORDINANCE NAMING A PUBLIC PLAYGROUND IN SOUTH LAKES PARK; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton has designated a public playground
within South Lakes Park; and
WHEREAS, Friends of South Lakes Park have recommended to the
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for the names of
~onsideration; and
Parks s,ld Kids r Work, and v Mathpaths Board
MentalWHEREAS$ the Parks and Recreation Advisory Board recommends to
the Council the names of Eurekal and Kids Work for Council's con-
sideration; and
WHEREAS the City Council has determined that it would be proper
and fitting to name the playground , and wishes to
recognize the children of Denton who subm tted the names; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDINANCE:
t SECTION I. That the public property acquired for playground
purposes located in South Lakes Park shall now and hereafter be
known and designated as '
SECTION II. That this ordinance shall become effective immed-
iately upon its passage and approval.
I PASSED AND APPROVED this the day of 1994.
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BOB CASTLEBERRY, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM,
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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OFFICE OF THE MUNICIPAL JUDGE
MEMORANDUM
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1 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
E FROM: SANDRA H. WHITE, MUNICIPAL JUDGE
SUBJECT: Council Direction Concerning Personnel Matters Affecting the New Position of
Permanent Part-Time Assistant Municipal Court Judge
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DATE: April 11, 1994
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When I met with Council in November 1493, 1 indicated that I would be bringing forward to
Council some questions regarding the above referenced, Council approved position, which is to
be effective August I, 1994. These questions requiring Council direction are necessary because
this is the first time that the City will have a Permanent Part-Time Judge. The questions which
I have formulated, but are in no way intended to be dispositive of all issues which may arise,
are listed below, with my comments, suggestions and request for Council approval or direction.
4uestio -No. 1: Should a salary range be devised for this position?
Comroea c: This position was assigned an hour) rate of $17.00 per hourly hour. This was arrived
at by using the salary that I began at in 1986, which was $36,000.00. This $17.00 rate is
? currently budgeted for this position. Most positions have a starting salary, a mid-range and a
i high range, based on qualifications and years of prior experience.
Recommendatlona: I would recommend that the Council consider salary ranges for this position
and that they direct the Human Resources Department to survey other cities that employ.
permanent part-time judges to determine the appropriate ranges. Since 1994-95 budgets are
currently being prepared and submitted, I would also recommend that if a salary range is
required for the position that the Council direct whether the current budgeted amount of $17.00
should remain intact or whether said budget item should be inzr;ased to incorporate the
possibility of hiring someone in a mid or high salary range. 1 also recommend that the survey
i be brought back to Council no later than mid-May 1994, so that the job vacancy announcement
f can incorporate any salary ranges decided upon.
{ Question No, 2: Should the part-time Judge report directly to Council for yearly Performance
Appraisals or should the Judge's performance be reviewed by the Chief Judge with a report and
l recommendation to Council by the Chief ledge regarding the part-time Judge?
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onnendatlon: 1 would recommend that the part-time Judge's perfo{g~nce be rer the Chief Judge with the Chief Judge making the report and any recommendation concerning
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salary increases to the Council.
Question Nu. 3: Should the part-time Judge be allowed to engage in the outside practice of law
or any other employment activities?
Recommendation: I recommend that the part-time Judge be allowed to engage in private
practice of law as long as it is understood that their first priority is to the City of Denton---
meaning being available for all scheduled dockets and not engaging in any practice wherein the
City has any interest.
Question No. 4: Does the Council wish to provide any benefits other than the required part-
time sick, vacation and retirement pay, such as:
a. Payment of any portion of State of Texas Bar dues (est. $285.001yr);
b. Payment of any portion of State of Texas Occupational Tax (est. $200.00/yr);
c. Payment of any portion of Denton County Bar Association dues (est. $50.00lyr);
d. Payment of any portion of Texas Municipal Court Association dues (est. $25.00lyr);
e. Payment of any continuing legal education courses, besides the mandatory 12 hour
yearly course required of all Judges (Council will fund this mandatory training in
FY 94-95 Budgetj(est.$600.00/yr);
f. Payment of any deferred compensation;
Recommendation: I would recommend that the Council consider payment of a criminal
evidence continuing legal education seminar up to a certain dollar amount, such as $300.00. I
believe that a criminal evidence course will be critical for all of the judges because of our Court
of Record status. The Council could also request Human Resources to research what benefits
are paid by other cities to their part-time judges. 1 would recommend that some benefit package
be supplied in the Judge's 1994-95 Budget and the Council can then decide what amount to fund,
if any.
n.alon No. 5: Does the Council wish to be involved in the selection process of the part-time
Judge?
Qontm mU: By Ordinance, the Council must actually appoint all Judges.
Remmendation: I would recommend that the Chief Judge review the r, plicants and then
discuss the finalist with the City Council Municipal Court Committee mem'xrs, making a hiring
recommendation to the City Council Committee, to then be presented to the full Council
Questlou No. 6: Does the Council have any preference with regards to the advertising of the
position?
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Co r ,;a: If the position were advertised in-house only, the applicant pool would rorsist of 3~ g
all persons employed as attorneys in the City Attorney's Office and the iwo contract Ass*,stant
Judges. If the position is advertised throughout the State and the Metroplex, funds will huvt to
b<, allocated to the Judge's Budget to pay for newspaper ads and State Bar of Texas Journal ads.
The City does have a Personnel Policy favoring hiring from within, Policy No. 104.04.
Rewmmendaflon: None. Request Council direction.
Question No. Does the Council wish to provide a judicial robe for the Permanent Part-Time
Judge?
Recommendattoo: 1 would suggest that the Council provide a judicial robe, especially in light
of our status as a Court of Record. The estimated cost is approximately $160.00. 1 would
E recommend that the Council direct that the funding for this expenditure be added to the Judge's
current 1993-94 Budget. The Council might also want to consider the same attire for the
contract Judges, in the FY 1994-95 Budget.
Concluslon: It is necessary to have Council's input as soon as possible to the questions posed
E in order to facilitate the hiring of the Permanent Part-Time Judge in a timely manner. If the
Council has additional questions not herein listed, I would be happy to facilitate them. Your
consideration is appreciated.
Sandra H. White
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CITY OF D£NTON CITY COUNCIL MINUTES
MARCH 22, 1994
The Council convened into the Work Session on Tuesday, March 22,
1994 at 5:15 p.m. in the Civil D9fense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, Cott, Perry, and Miller.
ABSENT: Council Member Chew
1. The Council convened into the Executive session to discuss the
following:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
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1. Considered pursuing claim City of Denton against
Fox-51, Inc.
2. Considered action in Gibson & Ervin v. City of
Denton.
? 3. Received and considered legal advice regarding
solicitation from public streets.
# B. Real Estate Under TEX. GOVT CODE Sec. 551.072
t 1. Considered property acquisition cn Foster Road and
Mayhill Road.
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
2. The Council received a report and held a discussion, and gave
staff direction regarding the Employee Wellness Program.
Joseph Portugal, Assistant to the City Manager, stated that five
responses had been received regarding the city's request for
proposal for the we1111e3s assessment. Selection criteria for a
provider included level and type of services, experience,
qualifications and participation by professionals, time schedule
and additional services. Based on review of those criteria, it was
recommended that the contract ba awarded to Dynamic Health aid
Performance. The Dynamic Health and Ierformance questionnaire via,i
professional and comprehensive, the v'.aff was ve~+,prn"ssrion i and
had experience with local givernments, and assured uonjefaentiaiity
for employees and management reports. Council had previously
approved $19,000 for the program. The initial cost estimate for
the program was based on $25 per employee with a participation goal
of M of the City employees. This agreement was for $45 per
participant for the first 450 participants and $43 per participant
over 451 participants. The current participation rate was 45-503
of the employees which was within the authorized budget. If the
participation rate of 503 was exceeded, there might be the
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March 22, 1994
Page 2 i!3tA ~~Z?Iqq
464 1-~O
potential that additional funding of approximately $10,000 would be
needed. If that were the case, staff recommendation was that the
amount be taken from the difference in the health insurance budget
and cost of the contract with Harris Methodist. Council approval
would be sought before those funds were used.
Council Member Perry asked if the City would be receiving a better
product due to the higher cost.
Portugal stated that any additional funding would be needed I' the
percentage of employees participating in the program was over the
50% estimate.
City Manager Harrell stated that originally the cost of the program
had been miscalculated. It was thought that the program would cost
i, only $25 per employee and after the proposals had been received, it
I was discovered that the cost would be higher than that. The cost
differential was due to an underestimate of the cost.
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Council Member Brock asked if the Dynamic bid was the lowest bid.
Portugal replied yes and that it was also the best evaluated bid.
Consensus of the Council was to proceed with the program and to
return to Council for consideration if the program would exceed
budget.
The council considered Item 04.
4. The Council received a report, held a discussion, and gave
staff direction regarding the naming of the Leathers Playground at
South Lakes Park.
Rich Dlugas, Superintendent of Parks and Recreation, stated that
Council had been briefed at a previous session on the Leathers
Playground concept. Friends of South Lakes Park were actively
looking for a name for the playground and had solicited 200 names
from the elementary and middle schools in Denton. Four names were
submitted to the Parks and Recreation Board. The schools voted on
those four names on March 8 and the two names receiving the
majority of the votes were "Eureka" and "Kids Work". The Friends
were requesting guidance from the Council on the name it liked for
the playground.
Mayor Pro Tem Smith stated that she had been at Sam Houston School
visiting the third grade children and they were in favor of the
i name "Kids Work".
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City of Denton city council Minutes F u
March 22, 1994 30 3Q
Page 3
Council Member Miller indicated that he had taken an informal poll
and that "Kids Work" was a favorite.
Consensus of the Council was to support the name of "Kids Work" for
the playground.
3. The Council received a report and held a discussion regarding
solicitation from the roadways and gave staff direction.
Due to a time constraint, this item was considered during the
Regular Meeting under Miscellaneous Matters from the City Manager.
r 5. The Council received a report and held a discussion regarding
"Building Communities: Together", Empowerment Zones and Enterprise
Communities, and application for designation as an Enterprise
Community.
Due to a time constraint, this item was considered during the
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Regular Session under Miscellaneous Matters from the City Manager.
The Council convened into the Regular Meeting on Tuesday, March 22,
1994 at 7:00 p.m. in the Council Chambers.
' PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, Cott, Perry, and Miller.
ABSENT: Council Member Chew
1. Pledge of Allegiance
The Council and members of the audience rocited the Pledge of
Allegiance.
2. The Council considered approval of the minutes of the Regular
Session of March 1, 1994.
Council Miller noted a correction on page 16 of the minutes. He
asked that the wording "if received any funding from the County" be
added to his comments regarding the City serving non-residents.
Perry motioned, Smith seconded to approve the minutes with the
noted correction. on roll vote, Brock "aye", Cott "aye", Miller
aye , Smith aye", Perry aye", and Mayor Castleberry "aye".
Motion carried unanimously.
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City of Denton City Council Minutes
March 22, 1994 .~G
Page 4
Mayor Castleberry presented the following proclamations:
National Community Development Week
Professional Social Work Month
Denton Redbud Day
Following the presentation of the proclamation for "Denton Redbud
Day", Mayor Castleberry presented awards for outstanding redbud
trees in Denton.
3. Resolutions of Appreciation
A. The Council considered approval of L resolution of
appreciation for George E. Berger.
The following resolution was considered:
NO. RA94-010
RESOLUTION OF APPRECIATION OF GEORGE E. BERGER
Smith motioned, Perry seconded to approve the resolution. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
B. The Council considered approval of a resolution of
y appreciation for Bill Angelo.
The following resolution was considered:
NO. RA94-011
RESOLUTION OF APPRECIATION OF BILL ANGELO
Smith motioned, Brock seconded to approve the resolution.On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
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C. The Council considered approval of a resolution of
appreciation for Catherine Tuck.
The following resolution was considered:
{ NO. RA94-012
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RESOLUTION OF APPRECIATION OF CATHERINE TUCK
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Smith motioned, Perry seconded to approve the resolution. On roll
vote, Brock "aye'', Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
4. Citizen Reports
A. The Council received a citizen report from John Shrader
regarding fire protection in the downtown area.
Mr. Shrader stated that the Fire Department was to be commended for
its work in the City. He represented the property owners,
businesses, labs and manufacturers in the central Business
District. He was concerned that they were in old buildings in the
Central Business District and that the Central Fire Station had
been closed. He expressed concern with response time for the
downtown area and felt that there should be a satellite station
where the Central Fire Station was now. The McCormick Street
station was to serve the Central Business District but he felt that
it was too long a response time for a truck to come from that area.
There were few fire walls in the Square area and if one business
had a fire, many businesses would be lost. A satellite station was
x needed in the area for prompt response time.
B. The Council received a citizen report from Kay Williams
regarding fire protection in the downtown area.
Mr. Williams stated that there were 9 body shops in the area of the
Central Business District. If a fire were to occur in one of those
businesses, a rapid response time was necessary.
Mayor Castleberry stated that the Council would consider these
requests in the near future.
C. The Council received a citizen report from Dessie Goodson
regarding "A Vision for Denton".
Ms. G.*)odson stated that SPAN hr._; indicated that they never denied
service to residents but that was incorrect as she had been denied
service. SPAN needed changes in all depr -ants and needed drivers
who were trained in working with individuals with handicaps. Somr,
drivers did not abide by the rules. A transportation coordinator
was needed plus an executive director The City needed a Council
its City Manager who would listen to ts citizens. She had asked
the Council for some issues and they had not been acted on. Nothing
had been done with a clean-up of Oak and Fry area.
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5. Public Hearings
A. The Council held a public hearing and considered the
preliminary and final replats of Lots 1-6, and Lots 18-24, Block 2,
College View Addition, into Lot 1R, Block 2. The 2.201 acre site
was located north of Davis street, between Ruddell and Wood
Streets, and was the site of the Sullivan-Keller Learning Center.
(The Planning and Zoning Commission recommended approval on March
9, 1994, 6-0.)
Frank Robbins, Executive Director for Planning and Development,
stated that this was a residential replat which combined a number
of lots for an expansion of an existing tract of land. The Traffic
Safety Commission had granted a variance for head-in parking on
Davis Street. The plat complied with the provisions of the
Subdivision Regulations except for parking which had been given a
variance.
The Mayor opened the public hearing.
,I No one spoke in favor.
Kristine Gutierrez stated that she opposed the replat as there
would be a bus line drop off in that area for the school. There
j was much traffic in the area on Wood and Davis Street which was an
j on-going problem. She was not opposed to the proposal but was
opposed to the drop-off site of the bus line. Other residents in
the area were also opposed to the bus line drop off site. This
would cause more congestion in the area as parents already parked
in the no parking area. She felt that the DISD should move the
drop off site to the front of the school.
The Mayor closed the public hearing.
Council Member Cott asked if Ms. Gutierrez had talked with the DISD
regarding the bus site.
Ms. Gutierrez indicated that she had not at this point in *ime.
The Mayor closed the public hearing.
Curtis Martin, Supervisor of Construction for the DISD, stated that
the DISD was in the process of buying the vacant lots in the area
for a parking lot.
Council Member Cott asked if this had been discussed with the
neighbors.
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Martin replied that the DISD was in the process of buying the lots
and determining the ownership of the lots in order to purchase and
build a parking lot.
Council Member Brock asked where the students were dropped off now.
Martin replied that right now the students were dropped off on
Davis street in front of the school. That area was very crowded and
DISD was trying to eliminate that condition by purchasing the
i property in the area to build a parking lot.
Council Member Brock stated that when the DISD had acquired the
I property, it would own all the land on west side of Wood Street.
Martin replied correct.
Council Member Miller stated that the buses were now on Davis
Street and stopped in the street.
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Martin replied correct.
Council Member Miller asked if the Wood Street location would be an
off-street facility.
Martin replied correct.
Council Member Miller asked what was across the street on Davis
Street.
Martin replied that there were homes in that location.
Council Member Miller stated that no matter where the bus stop were
I moved, there would be homes there.
Ms. Gutierrez stated that the two houses on Wood faced the opposite
direction.
Council Member Cott asked Ms. Gutierrez if she had discussed the
issue with the DISD.
Ms. Gutierrez replied that she did not know this was happening
until she had received a notice and was not told of the Traffic
Safety Commission meeting until after the fact.
C' The Mayor closed the public hearing.
Cott motioned to reject the replats.
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Motion died for lack of a second.
Miller motioned, Brock seconded to approve the replats. On roll
vote, Brock "aye", Cott "nay", Miller "aye", Smith "nay", Perry
"aye", and mayor Castleberry "aye". Motion carried with a 4-2
vote.
B. The Council held a public hearing to consider the final
plat and replat of 10.215 acres known as Lots 18-27, Block A, Lots
41-46, Block 36 of the Southridge Oaks Subdivision; and Lots 28 and
29, Block 36, into Lots 28A and 29A, of the Southridge East
Subdivision, Phase 1. The site was located on the west side of
Lillian Miller Parkway, at Southridge Drive. (The Planning and
Zoning Commission recommended approval on February 9, 1994, 7-0.)
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Frank Robbins, Executive Director for Planning and Development, 1
j stated that this was a replat and plat proposal. Lot 3 was the
replat and the remaining area was a final plat. Council had
approved a planned development on the site several months ago. Ji
State law required that if the subdivision regulations were t
followed, the plat had to be approved.
' The Mayor opened the public hearing.
Tony Krause, representing the developer, stated that he would
1] answer any questions of the Council.
1 Melissa Carter stated that she was concerned about the commercial
replat.
Robbins stated that this would be detached single family housing
and not commercial zoning.
The Mayor closed the public hearing.
Council Member Perry asked about the drainage in the area.
Robbins replied that the official FEMA map showed a flood plain
location on this property which was thought to be in a different location. The developer made a detailed study which was presented
location of the flood plain. to amend the official p. Fes' agreed
he through
studyhon the the City
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Council Member Perry asked where the water would go in the drainage
easement.
Robbins stated that it would flow across the lots.
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Perry motioned, Brock seconded to approve the final plat and
replat. on roll vote, Brock "aye", Cott "aye", Miller "aye", Smith
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
C. The Council held a public hearing to :;onsider the final
replat of Denton High West, Lot 1, Block A. (The Planning and
Zoning Commission recommended approval on March 9, 1994, 6-0.)
Frank Robbins, Executive Director for Planning and Development,
stated that schools were allowed in residential districts and thus
this was a residential replat. Five additional fire hydrants would
be added to the site in order to meet the requirements of the
ordinance. The Planninq and Zoning Commission found that the
proposal met the standards of the subdivision regulations and
recommended approval.
The Mayor opened the public hearing.
Bill Coleman, representing the DISD, stated that 1r- replat was to
bring the property into compliance with the C_:,#11 Subdivision
Regulations. An easement abandonment was necessary and some
unplatted property needed to be addressed. The City had asked that
! three fire hydrants be installed along Crescent Street and two
along Fulton Street and a new sidewalk on Bryan Street. A bus
drop-off lane would be built to keep the bus traffic off the
streets. He asked for approval from the Council.
j No one spoke in opposition.
Tt.o Mayor closed the public hearing.
Brock motioned, Smith sect..,,..,; to approve the final replat. On roil
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
D. The Council held a pi-blic hearing and considered adoptioi.
of an ordinance rezoning approxima".Ply 11.92 acres of land from PD
140 and PD 94 to Multifamily Dwelling District-1 Conditioned
Zoning, MF1(c). TL property was located on the southeast corner
of Bernard and Collins Streets. Z-93-032 (The Planning and
Zoning commission recommended approval on February 23, 1994, 6-0.)
Frank Robbins, Executive Director for Planning and Development,
stated that this was a rezoning from planned development on two
separate tracts of property zoned planned development to
conditioned r3ning. This tiould eliminate the requ,.ement for a
detailed plan. One of most significant issues associated with the
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proposal was the standards which would apply in the platting
process. Collins Street would have to be improved with perimeter
street paving. Off-site improvement at the intersection of Bernard
and Collins might be needed. The Subdivision Regulations indicated
that if a development were to create a traffic problem such that
the level of service exceeded level of service C, improvements
would be warranted. It had not yet been determined that the
improvements at Bernard and Collins were needed but a
recommendation had been made for a traffic study to be done to
determine if the conditions were warranted. Drainage was a major
issue on the site which would be addressed during the platting
process. This was a residential development in which the voluntary
park dedication provisions applied but park land dedication or fees
in lieu of were not expected. The Planning and Zoning Commission
had determined that a detailed plan or a detailed layout of the
site was unnecessary due to the proposed conditions. This zoning
would not allow development to exceed 11.9 units per acre. Another
policy dealt with sufficient green space and recreational
facilities and conditions. This proposal required a significant
amount of green space. Two separate notices had been mailed for
this case and one neighborhood meeting had been held. With
conditions, the Planning and Zoning Commission had recommended
approval.
j The Mayor opened the public hearing.
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Dale Irwin, owner of the property, stated that he was requesting
! the zoning change to conditioned zoning on two adjacent tracts of
i land. Conditioned zoning was a new zoning process approved by
Council since the tract was zoned in 1991. It was an excellent
zoning avenue. The requested change would eliminate the need for
separate site plans during development. Conditioned zoning
eliminated the need to return for each phase of the development.
He had a concern regarding the possible traffic problem at Bernard
and Eagle which was a considerable distance from the development.
Federal funds had been applied for by the City for further
improvements it the intersection plus o traffic signal would be
instal ad. It would cost approximately $3000-5000 for a traffic
analysis study and approximately $15,000 for a right turn lane.
Bernard and Eagle was quite a distance from the development. The
developer waL be•ng asked to widen Collins Street to 41 feet which
was the same as Eagle Drive. If the development were to proceed,
Collins Street would have to be wlJened and traffic problems, which
were some distance from the p.,posal, would have to be addressed.
Irwin did not believe that it was accurate that the development
would add an addi''oral V" i car trips per day oi, the street. :he
emits would have an. cx1t .,i Collins Street aLd approximately one-
half of the vehicles leaving or entering the development would do
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so on the Collins Street side.
No one spoke in opposition.
The Mayor closed the public hearing.
Mayor Pro Tem Smith asked who would be paying for the traffic light
and for the installation.
Robbins replied that the City would be paying for the signal.
Council Member Miller asked if the light would take care of the
problem or were turn lanes needed.
Robbins replied that it was felt that the development would
adversely impact that intersection and might generate enough
traffic at the wrong time of th,a day so that that intersection went
below the City's adopted standard level of service. A traffic
impact analysis was proposed to see if that would be the case. If
the study indicated that there would be no problem, improvements
would not be needed.
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Council Member Miller stated that this was the normal procedure of
the City in that whoever was responsible for the volume must pay
for the improvement.
Robbins replied correct.
J Council Member Miller asked about the number of trips per day.
Robbins replied that part of the traffic impact analysis would
study the number of trips per day. Staff had used the standard
number of trips per apartment unit. Staff was raising a flag that
there might be a problem in the area.
Council Member Miller asked about the time frame for the study and
would the applicant have to wait until the study were completed
before proceeding with the development.
Robbins replied that the applicant could bring information to staff
without having to use a consultant.
Council Member Miller asked for locations where the City had
required such procedures.
RoWr.-, :-epli 3 that 'he Owens plat on Lillian Millar -0A have
required the installation of a right turn lane. This was a rare
occurrence
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enton City Council Minutes Ageo0aMarch 22, 1994
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City Manager Harrell stated that this was a two part process.
Council was currently looking at a rezoning request for land use
and the recommendation was to approve the request with specific
conditions none of which. related to these traffic items. If
Council approved land use, the zoning, the developer would have to
go through a second process which required the filing of a plat.
During that time, the Planning and Zoning Commission would look at
the various public improvements which would he required for
development of the property. one of the consideraO.ons, which the
Planning and Zoning Commission would have to make, was how much
paving and off-site improvements would be needed. This issue would
be considered at a later date.
Council Member Cott stated that he had been on the property several
times and this was a developer's risk. He felt it would be easy to
determine the traffic problem calculations now.
Council Member Perry asked if the drainage detention area would
pose a safety hazard to children.
Robbins replied that the pond had not been drawn at this time.
There were a number of these facilities in the City. They were all
designed to be wet for a small period of time except during heavy
rains.
( Council Member Brock stated that further development would probably
create some traffic problems. The area was poorly planned several
years ago. She expressed concerned about making areas for
J individuals to walk and for bikes and suggested that the developer
be aware of those options.
Mayor Castleberry asked if Collins Street would be a major
thoroughfare in the future and was that the reason that the
developer was being asked to widen Collins Street.
Robbins replied that Co11inE. had always been shown as a collector
street and that was the reason the developer was being required to
widen the street to that standard. At a future date it might be an
arterial street.
Mayor Castleberry stated that Council needed to keep in mind that
they were not considering the turn lanes at this meeting. They
wer( only considering the zoning of the property at this time.
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Page 13 J
The following ordinance was considered:
NO. 94-037A
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE IN ZONING FROM PLANNED DEVELOPMENT NO. 140 AND PLANNED
DEVELOPMENT NO. 94 TO MULTIPLE-FAMILY - 1 ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION WITH CONDITIONS (MF-1-C)
FOR 11.92 ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF
BERNARD AND COLLINS STREETS; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING
FOR AN EFFECTIVE DATE.
Perry motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
E. The Council held a public hearing and considered adoption of
an ordinance changing an 8.278 acre tract of land from General
Retail (GR) zoning district to Planned Development, considered a
: Detailed Plan and considered conditions limiting the categories of
a uses and parking spaces. The tract, known as Carriage Square
Shopping Center, was bound by Eagle Drive, Interstate 35-E, Avenue
? C and Collier Street. 2-94-001 (The Planning and Zoning Commission
recommended approval, with conditions on February 23, 1994, 6-0.)
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Frank Robbins, Executive Director for Planning and Development,
stated that this was a planned development zoning to allow for
fewer parking spaces than what was required. A large vacant retail
portion of the development had a potential restaurant tenant and
with the current zoning, parking was inadequate. Rather than
proceed with a variance process, the planned development technique
was proposed. This planned development wcald allow for a
restaurant to go in the center if the mix of uses were met. A
traffic study was done which proved that with the mix of uses not
all the parking was needed. The proposal would also improve the
landscaping and decrease the amount of signage nn the property.
The Mayor opened the public hearing.
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Mike Made, representing the owners of tha property, stated that he
would answer any questions the Council might have.
No one spoke in opposition.
The Mayor clo6 d thr public hearing.
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City of Denton City Council Minutes ;,:i3
March 22, 1994
Page 14 ~d
The following ordinance was considered:
NO. 94-038
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM GENERAL RETAIL (GR) TO PLANNED DEVELOPMENT (PD)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
APPROXIMATELY 8.278 ACRES OF LAND KNOWN AS CARRIAGE SQUARE
SHOPPING CENTER AND BOUNDED BY EAGLE WIVE, INTEP.STATE 35-E,
AVENUE C AND COLLIER STREET; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING
FOR AN EFFECTIVE DATE.
Brock motioned, Smith seconded to adopt the ordinance. on roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
F. The Council held a public hearing and considered adoption
of an ordinance amending the regulatory line map to include an area
located in the ETJ, south of FM 455 between the Elm Fork of the
Trinity River and FM 2164. (The Planning and Zoning Commission
recommended approval on January 12, 19940 6-0.)
Frank Robbins, Executive Director for Planning and Development,
stated that the ordinance which adopted the regulatory line which
j made a distinction in the ETJ when the City would apply the
subdivision regulations, indicated that if the City's certificate
of convenience and necessity were amended, that the line should be
reconsidered. That had happened and the Planning and Zoning
commission had recommended an amendment to the line.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered;
qti.
NO. 94-039
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE
REGULATORY LINE MAP AS ESTABLISHED BY ORDINANCE NO. 93-033;
AND PROVIDING FOR AN EFFECTIVE DATE.
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Perry motioned, Brock seconded to adopt the ordinance. On roll
"aye", oteBrock "aye'$, Cott 10ayell, Miller "aye", Smith "aye", Perry
and Mayor Castleberry "aye". Motion carried unanimously.
G. The Council held a public hearing and considered adoption
of an ordinance amending a Specific Use Permit for the Delta Chi
Fraternity to allow continued operation of their meeting hail and
offices. This property was located at 119 Avenue A. Z-93-035 (The
Planning and Zoning Commission recommended approval on February 9,
1994, 4-0.)
Frank Robbins, Executive Director of Planning and Development,
stated the proposal extended the specific use permit, with no
limit, for the fraternity in the area. A condition was added that
if any of the previous conditions were violated, the Executive
Director for Planning and Development could bring a case to the
Planning and Zoning Commission for revocation.
The Mayor opened the public hearing.
gg Scott Woods stated that he would answer any questions of the
k Council.
No one spoke in opposition.
The Mayor closed the public hearing.
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1 Council Member Miller stated that originally there was some
opposition aml concerns regarding the use of the property.
Robbins stated that there were some issues associated with alcohol
but that was a condition of the SUP.
Council Member Miller stated that after a year in operation, there
was no opposition.
Robbins replied correct.
The following ordinance was considered:
NO. 94-040
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A SPECIFIC
USE PERMIT TO ALLOW FOR THE CONTINUATION OF A FRATERNITY
MEETING HALL AND OFFICE SPACE ON A 1600 SQUARE FEET TRACT OF
LAND LOCATED AT 119 AVENUE A; PROVIDING FOR A SAVINGS CLAUSE;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF= AND PROVIDING FOR AN EFFECTIVE DATE.
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Smith motioned, Perry seconded to adopt the ordinance. on roll
vote, Brock "aye", Cott "aye$', Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry 'Pays'$. Motion carried unanimusly.
6. Consent Agenda
Council Member Cott asked that Item 19 be pulled for discussion.
He felt that by putting the roofing projects with the contractor
who was building the buildings, competitive bidding was being
eliminated. He suggested bringing in roofing individuals regarding
such projects.
Perry motioned, Cott seconded to approve the Consent Agenda. On
roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
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A. Bids and Purchase Orders:
1. Bid 11581 - Commercial Refuse Trucks
2. Bid 11586 - Vibratory Roller
3. Bid 11588 - Utility Vehicles
4. Bid 11593 - Fertilizer 6 Herbicide
5. Bid 11602 - Transformers
6. Bid 11594 - Demolition 122
7. RFSP 11595 - Controlled Access Locks
8. RFSP 11597 - Wellness Program
9. P.O. 140402 - Steele Freeman
10. P.O. 143435 - Ford Hall Co., Inc.
11. P.O. 143439 - Dictaphone
7. Ordinances
council considered Ordinances A-G, the Consent Agenda Ordinances,
with one motion.
A. The Council considered adoption of an ordina.lce accepting
competitive bids and awarding a contract for. purchasq cf materials,
equipment, supplies or services. (7.A.1. - Bid 11581, 7.A.2. - Bid
11587, 7.A.3. - Bid 11588, 7.A.4. - Bid 11593, 7.A.5. - Bid 11602)
The following ordinance was considered:
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City of Denton City Council Minutes Ri!a_
March 22, 1994
Page 17
NO. 94-041
AN ORDINANCE ACCEPTING COMPETITIVE BIDS 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.
B. The Cotencil considered adoption of an ordinance accepting
competitive bids and providing for the award of contracts for
public works or improvements. (7.A.6. - Bid 01594)
The following ordinance was considered:
NO. 94-042
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
C. The Council considered adoption of an ordinance accepting
a competitive sealed proposal and awarding a contract for the
f purchase of materials, equipment, supplies or services. (7.A.7. -
RFSP /1595)
The following ordinance was considered:
NO. 94-043
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.
D. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement with Dynamic
Health 6 Performance Inc. for professional services relating to
health screening of employees of the City of Denton. (7. A. 8. -
RFSP 01597)
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City of Denton city council minutes ~-I
March 22, 1994
F)age 1e
The following ordinance was considered:
NO. 94-044
CITY R14ANAGER TO EXECUTE Y AN FAGRDENTONj EEMENT WITH~DYNAMIC I HEALTH THE
PERFORMANCE INC. FOR PROFESSIONAL SERVICES RELATING TO HEALTH
SCREENING F EXPENDITURE OF PFUNDS STHOF THE OF DENTON; AZING THE
AND PROVIDINGUTAN REFFECTIVE
EREFORE CITY
DATE.
E. The Council considered adoption of an ordinance
authorizing the execution of a change order to a contract between
the City of Denton and Steele Freeman; and providing for an
increase in the contract price. (7.A.9. - P.O. 140402)
The following ordinance was considered:
NO. 94-045
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A
CONTRACT BETWEEN THE CITY OF DENTON AND STEELE FREEMAN;
PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING
AN EFFECTIVE DATE.
F. The Council considered adoption of an ordinance providing
for the expenditure of funds for purchases of materials or
{ equipment which are available from one sour such accordance fwith rom
the provisions of state law exempting purchases
requirements of competitive bids. (7.A.10 - P.O. 143435)
E The following ordinance was considered:
NO. 94-046
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM
ONLY ONE 3OURCE IH ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING AN EFFECTIVE DATE.
G. The Council considered adoption of an ordinance awardl-r
a contract for the purchase of materials, equipment, supplies
services bid by the State Purchasing General Service Commission.
(7.A.11. - P.O. 143439)
The following ordinance was considered:
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NO. 94-047
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
MATERIALS, EQUIPMENT SUPPLIES OR SERVICES BID BY THE STATE
PURCHASING GENERAL SERVICE COMMISSION; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE
DATE.
Perry motioned, Smith seconded to adopt Ordinances A-G. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
H. The Council considered adoption of an ordinance vacating
certain public utility easements recorded in Volume 363, Page 522
of the Deed Records of Denton County, Texas, Volume 363, Page 523
of the Deed Records of Denton County, Texas, and Volume 431, Page
s 387 of the Deed Records of Denton County.
i Rick Svehla, Deputy City Manager, stated that the plat was for the
I Denton West High School. The City had received an easement for the
{ existing utilities. There were some easements which were filed by
y i a separate document and were no longer needed. Staff was
recommending approval of vacating these easements.
The following ordinance was considered:
NO. 94-048
AN ORDINANCE VACATING CERTAIN PUBLIC UTILITY EASEMENTS
RECORDED IN VOLUME 3630 PAGE 522 OF THE DEED RECORDS OF DENTON
COUNTY, TEXAS, VOLUME 363, PAGE 523 OF THE DEED RECORDS OF
DENTON COUNTY, TEXAS, AND VOLUME 431, PAGE 387 OF THE DEED
RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Smith motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
1. The Council considered adoption of an ordinance
authorizing the filing of an application with the Department of
Transportation, United States of America, for a grant under the
Urban Mass Transportation Act of 1964, as amended.
Catherine Tuck, Administrative Assistant, stated that this was an
annual grant application for section 9 funds to run the public
i transportation system and demand response system in Denton through
SPAN. The City was requesting an amount of congestion mitigation
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air quality funds.
The following ordinance was considered:
NO. 94-049
AN ORDINANCE AUTHORIZING THE FILING OF AN APPLICATION WITH THE
DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A
GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS
AMENDED; AND PROVIDING AN EFFECTIVE DATE.
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Cott motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock nayen, Cott "aye", Miller "ayeu, Smith "aye". Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
J. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement between the
City of Venton and Curtis Smith to purchase property.
Bill Angelo, Director of Community Services, stated that the
contract was for the purchase of property located on Mayhill Road
which was associated with the expansion of the Denton landfill.
This property would be a buffer zone in the area. Smith may remain
on the property for several years as noted in the contract. The
k Planning and Zoning commission recommended approval.
The following ordinance was considered:
NO. 94-050
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND CURTIS SMITH TO
PURCHASE PROPERTY; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the ordinance, on roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
K. The council considered adoption of an ordinance
authorizing the City Manager to execute an agreement between the
City of Denton and Robin G. and Patty S. Wilson to purchase
property.
E This item was pulled from consideration.
L. The Council considered adoption of an ordinance amending
solid waste rates for sanitary landfill use as authorized by
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March 22, 1994
Page 21
Chapter 24 of the Code of ordinances of the city of Denton by
amending the charges for use of the landfill. (Public Utilities
Board recommended approval.)
Bill Angelo, Director of Community Services, stated that since
August of 1993 there had been a significant increase in volumes
coming into the landfill from contract/cash customers. The normal
volume in that area had been approximately 800 cubic yards per
month and that had been increased to over 2000 cubic yards per
month from those categories. It had been learned that recent rate
changes and closures of area landfills were contributing to the
increased flow of waste to the landfill. It was a concern that
such a rate would increase the shortening of the life of the
landfill. The proposed higher rate would discourage some of the
waste Coming from the southern part of the County and channel it to
other parts of the County. The Pubic Utilities Board had reviewed
the rate and had recommended approval. It was felt that most of
the increase was from the DFW and Camelot landfills which had rates
higher than the City.
Council Member Brock asked if it would not be to the City0s
advantage to put off filling the landfill as long as possible.
41
Angelo replied that the solid waste budget was predicated on
' bringing in a certain amount of revenue from the outside through
the landfill. If that revenue were not realized, other sources
would have to be found to collect that revenue, possibly a rate
increase on the residential and commercial side. It was felt that
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the proposed rate would allow some outside business and would be
adequate to change some flow to ot'- .er facilities. Staff would be
keeping track of the flow on a daily basis and if the volume were
a not diminished enough, the rate could be increased when needed.
Joyce Poole urged the Council to be in favor of the proposed
increase. The life of the landfill was limited and the permitting
process for a new landfill was a long process. The City needed to
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increase the life
divert some of the waste from the landfill to
the landfill. She also urged the Council to consider a different
approach in which local residents would not be charged the extra
cost. The local contractors could pay on a contracted basis and
the local citizens would not be affected by the increased rate.
Mayor Pro Tem Smith asked what would be the financial differences
if the increase did not apply to local citizens.
Angelo replied that the problem was not in differentiating between
i residential and non-residential use but where the waste was coming
k from. A local roofing firm might be doing a job in Lewisville and
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brig that waste to Denton The problem was more in determining
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where the waste was coming from rather than where the individual
lived. There would be some problems in determining where an
individual lived and some type of system would have to be developed
to distinguish between residents and non-residents and where the
waste was coming from. Most of this type of waste was from
contract jobs as opposed to residents.
The following ordinance was considered:
NO. 94-051
AN ORDINANCE OF THE CITY OF DENTON AMENDING SOLID WASTE RATES
FOR SANITARY LANDFILL USE AS AUTHORIZED BY CHAPTER 24 OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON BY AMENDING THE
CHARGES FOR USE OF THE LANDFILL; AND PROVIDING FOR AN
EFFECTIVE DATE.
Cott motioned, Miller seconded to adopt the ordinance. On roll
vote, Brock "nay", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "nay", and Mayor Castleberry "aye". Motion carried
with a 4-2 vote.
M. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City of
Denton and Denton County for the impoundment and disposition of
E dogs and cats and the collection of fees pursuant to the provisions
J of said agreement.
Nonie Kull, Environmental Health Services Manager, stated that this
was an annual agreement with the County of Denton to allow the City
to shelter animals found in the County. This was a standard
agreement and was the same contract which had been used for the
last lO years.
Mayor Pro Tem Smith asked about the volume from the County.
Kull replied it ranged from a low figure of 15-20 animals per month
up to 200 per month which was rare. There was an additional
agreement with the County which indicated that they were not to
exceed 1500 animals annually if it were causing problems for the
city.
The following ordinance was considered:
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Page 23
NO. 94-052
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE
IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE
COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID
AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
N. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City of
Denton and the Greater Denton Arts Council.
City Manager Harrell stated that the Council had originally
considered this item on its January 4 agenda. The agreement
allowed the City to authorize the transfer of certain monies from
the hotel/motel tax. Approximately $117,711 had been collected
from April 1, 199D through March 31, 1992 and had been designated,
at that time for the historic restoration of the old steam plant.
This ordinance would redesignate those funds and make them
available for the Campus Theater project.
Council Member Perry felt that the City had designated the funds
for the steam plan project and would still need a performing arts
center. On the strength of what the City said it would do and the
fact that money had been raised on the premise of using the old
steam plant, he felt that the money needed to remain in its
original account. He had no opposition to the Campus Theater
project but felt that the money should remain with the old steam
plant.
The following ordinance was considered:
NO. 94-053
AN OPI)INANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE GREATER DENTON ARTS
COUNCIL; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE.
Miller motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"nay", and Mayor Castleberry "aye". Motion carried with a 5-1
vote.
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City of Denton City Council Minutes Agb~dai . y
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0. The Council considered adoption of an ordinance
authorizing a traffic light synchronization program grant
application (TLS III) to promote the conservation of energy
resources.
Rick Svehla, Deputy City Manager, stated that this would allow the
City to apply for more grant money in the oil overcharge program.
The City was submitting three projects but probably would not
receive funding for all three projects.
The following ordinance was considered:
i~ NO. 94-054
ORDINANCE AUTHORIZING (TLS IC III) LIGHT TO SYNCHRONIZATION
PROMOTE PROGRAM GRANT APPLICATION ( THE
CONSERVATION OF ENERGY RESOURCES; AND DECLARING AN EFFECTIVE
DATE.
E Perry motioned, Cott seconded to adopt the ordinance. On roll
I vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
1 "aye", and Mayor Castleberry "aye". Motion carried unanimously.
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8. Resolutions
Mayor Castleberry noted that Items 8.A. and 8.B. were listed as
resolutions. Those items were ordinances and copies of the
ordinances had been made available to the Council.
A. The Council considered approval of an ordinance
authorizing the Mayor to execute an agreement between the City of
Denton and the City of Corinth for the impoundment and disposition
of dogs and cats.
Nonie Kull, Environmental Health Services Manager, stated that this
was an annual contract with the City of Corinth.
The following ordinance was considered:
NO. 94-055
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR THE
IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE
COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID
AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
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March 22, 1994
Page 25
Perry motioned, Smith seconded to adopt the ordinance. on roll
vote, Brock "aye", Cott "aye", 1;iller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
B. The Council considered approval of a resolution
authorizing the Mayor to execute an agreement between the City of
Denton and the City of Roanoke for the impoundment and disposition
of dogs and cats and the collection of fees pursuant to the
provisions of said agreement.
Nonie Kull, Environmental Health Services Manager, indicated that
this was also an annual contract with the City of Roanoke.
The following ordinance was considered:
NO. 94-056
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF ROANOKE FOR THE
IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS; THE COLLECTION
OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND
PROVIDING FOR AN EFFECTIVE DATE.
Smith motioned, Perry seconded to adopt the ordinance. ~~on roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith aye , Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
{
C. The Council considered approval of a resolution adopting
a comprehensive driving and city vehicle use policy.
City Manager Harrell stated that Council had reviewed this policy
at a recent work session. This was the formal resolution to adopt
the policy.
The following resolution was considered:
NO. R94-012
A RESOLUTION OF THE CITY OF D£NTON, TEXAS ADOPTING A
COMPREHENSIVE DRIVING AND CITY VEHICLE USE POLICY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Miller motioned, Perry seconded to approve the resolution. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
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City of Denton City Council Minutes p QT
March 22, 1994
Page 26
9. Update on the "Vision for Denton" project.
Council Member Miller stated that two impact groups had recently
met. A schedule of when the impact groups would be meeting had
been developed and the project was moving forward.
City Manager Harrell stated that there had been a first meeting
with chairs of the various impact groups. Every group had been
represented and the chairs continued to be very enthusiastic about
the project. By the end of the week, every impact group would have
met except for the education group. The education group was in
need of two new chairs. One had been selected, Jim Alexander, and
the group was working on the other co-chair.
Council Member Brock stated that the open house for the Vision Room
would be on Sunday April 10, 19940 2:00-4:00 p.m.
Mayor Castleberry stated that there was a great deal of interest in
the project.
10. Miscellaneous matters from the City Manager.
A. Teasley Lane Update - Rick Svehla, Deputy City Manager,
stated that the City continued to work with the Texas Department of
Highways. On April 6-7 there would be meetings at Sam Houston
Elementary School for interested individuals regarding the project.
Notice of the meetings would be sent by utility bills and through
the press plus Channel 25.
\ The council considered the Work Session items not considered during
the Work Session.
3. The council received a report and held a discussion regarding
solicitation from the roadwaya and gave staff direction.
Miller motioned, Brock seconded to defer this item until the next
meeting.
Council Member Perry stated that this was the third time to
consider this item. Ile asked why it would be necessary to postpone
the itim.
Council Member Miller indicated that Council Member Chew was not at
the meetinq.
On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "nay",
Perry "nay", and Mayor Castleberry "nay". Motion failed with a 3-3
vote.
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City of Denton City Council Minutes
March 22, 1994
Page 27
City Manager Harrell stated that this item had been before council
several times concerning whether or not to permit solicitation on
the roadway within the City. Currently such activity was
prohibited. A comprehensive survey had been done regarding what
other cities allowed. Council had asked for a draft ordinance at
that time, and gave direction regarding provisions for the
ordinance. Council voted 3-3 a year ago to not proceed and the
item died at that point in time.
Council Member Miller indicated that since he had been on council,
these types of issues had been resolved by ordinances. This was
one issue which the Council refused to put in ordinance form for
consideration. He felt that there was enough indication that this
was the kind of issue which should be brought to council in the
form of an ordinance to give the public an opportunity to provide
input. He wanted Council to put this information in the form of an
ordinance and then consider that ordinance.
Council Member Perry stated that the public had had three
opportunities to address the issue. Many cities had an ordinance
which prohibited solicitation from the roadways. The City did not
deny a group a basic right. The City did pay attention to safety
hazards and to impeded access to the roadways by individuals. This
was a serious matter in a busy intersection.
Council Member Miller stated that this item had only been
considered by Council in a study session and there had been no
II public input on the issue. There had been no consideration of an
ordinance.
Ken Gold stated that the ordinance regulations could be lessened
and that would provide some good to a national charity. While he
could not predict the future, there had never been a single injury
in prior years. He realized there was a constitutional question in
that if one organization were allowed to solicit from the street
then all must be allowed. A recent court decision indicated that
charitable organizations had access to the streets.
Council Member Cott indicated that it was time to have an ordinance
to consider.
mayor Pro Tem Smith stated that she was opposed to solicitation on
the roadways. It was a serious traffic hazard, a bad example to
children and a nuisance to drivers.
Miller motioned, Cott seconded to direct staff to proceed with the
drawing of an ordinance for Council to consider at a meeting where
the public could respond. With the information provided at the
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Page 28 b
meeting of October 1993 there was a proposed ordinance. Staff
could also provide data from other cities regarding this issue.
On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "nay",
Perry "nay", and Mayor Castleberry "nay". Motion failed with a 3-3
vote.
5. The council received a report and held a discussion regarding
"Building Communities: Together", Empowerment Zones and Enterprise
Communities, and application for designation as an Enterprise
Community.
Frank Robbins, Executive Director for Planning and Development,
stated that the Federal Government had announced that six cities
would be designated as empowerment zones. Denton probably would
not be designated as such as the funds probably would go to much
larger communities. Sixty five communities of Denton's size might
be designated enterprise communities. He felt it would be a
worthwhile project to go through. To be designated an enterprise
j community the City would have to develop a strategic plan in an
area of poverty and economic services. The Department of Housing
and Urban Development had four key principles in the project - (1)
economic opportunity which involved the creation of jobs both
within the community and throughout the region, (2) sustainable
community development which involved empowerment of communities by
supporting local plans that coordinate economic, physical,
environmental, community, and human development, (3) community-
based partnerships which involved broad participation by all
segments of the community and (4) strategic vision for change which
~J involved a strategic map for revitalization. He proposed a
technique which would involve meeting with individuals in small
groups for 2-4 hours regarding the issue. A draft plan to Council
would be presented at the second meeting in May.
Mayor Pro Tem Smith asked for the deadline for submittal of the
application.
Robbins replied that the application had to be to the State by June
4 and to the Federal government by the end of June.
Council Member Perry asked where the membership of the groups would
come from.
Robbins replied that anyone who wished to become involved could do
so. Groups suggested would include the United Way, NICE, the
Owsley Coalition, and the Community Development Advisory Committee.
Council Member Miller suggested that church groups, police input,
the educational system such as PTA, and the judiciary be included.
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City of Denton city Council Minutes
March 22, 1994]
Page 28 a0
meeting of October 1993 there was a proposed ordinance. Staff
could also provide data from other cities regarding this issue.
on roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "nay",
Perry "nay", and Mayor Castleberry "nay". Motion failed with a 3-3
vote.
5. The Council received a report and held a discussion regarding
"Building Communities: Together", Empowerment Zones and Enterprise
Communities, and application for designation as an Enterprise
Community.
Frank Robbins, Executive Director for Planning and Development,
stated that the Federal Government had announced that six cities
would be designated as empowerment zones. Denton probably would
not be designated as such as the funds probably would go to much
larger communities. Sixty five communities of Denton's size might
be designated enterprise communities. He felt it would be a
worthwhile project to go through. To be designated an enterprise
community the City would have to develop a strategic plan in an
area of poverty and economic services. The Department of Housing
and Urban Development had four key principles in the project - (1)
economic opportunity which involved the creation of jobs both
within the community and throughout the region, (2) sustainable
community development which involved empowerment of communities by
supporting local plans that coordinate economic, physical,
environmental, comrunity, and human development, (3) community-
based partnerships which involved broad participation by all
segments of the community and (4) strategic vision for change which
involved a strategic map for revitalization. He proposed a
technique which would involve meeting with individuals in small
groups for 2-4 hours regarding the issue. A draft plan to council
would be presented at the second meeting in may.
Mayor Pro Tom Smith asked for the deadline for submittal of the
application.
Robbins replied that the application had to be to the State by June
4 and to the Federal government by the end of June.
Council Member Perry asked where the membership of the groups would
come from.
Robbins replied that anyone who wished to become involved could do
so. Groups suggested would include the United Way, NICE, the
Owsley Coalition, and the Community Development Advisory Committee.
Council Member Miller suggested that church groups, police input,
the educational system such as PTA, and the judiciary be included.
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City of Denton City Council Minutes
March 22, 1994 9 r ~
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People in the community who were involved in various areas needed
to be included in the membership of the group.
City Manager Harrell stated that this was a new initiative from the
Federal government and would not replace community development
activities. Tl.is was a program directed to the human service needs
of low income individuals in the community. This would be an
opportunity to coordinate the delivery system to make sure it was
being comprehensively delivered to individuals in need. This would
give access to a significant amount of money if selected to
participate in the project and work on human service needs. The
City had a chance to receive the funding and should consider
participating in the project.
Mayor Castleberry asked if the funds were to be used by charitable
agencies.
Robbins replied correct.
Mayor Castleberry asked if there were any strings attached.
Robbins replied that there were no strings as it was a one time
program.
Council Member Miller suggested holding the meetings in the Vision
Room as this might be tied in with the Vision Project.
11. There was no official action taken on the Executive Session
items considered during the Work Session.
12. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Miller motioned, Perry seconded for reconsideration of an
earlier item regarding the naming of the new playground facility.
On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye",
Perry "aye", and Hayor Castleberry "aye". Motion carried
unanimously.
Rich Dlugas, superintendent of Parks and Recreation, stated that
members of the Friends of South Lakes Park had been involved in the
naming process of the playground. A member would like to present
additional comments regarding the naming of the playground.
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March 22, 1994
Page 30
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Sandy Kristofersen stated that the she been conducting the voting
regarding the naming of the playground. She offered further
information regarding the other choice for the name of the
playground. She asked for reconsideration of the name "Eureka$' for
the playground as it tied in more with the schools and would
provide more educational use of the playground.
Miller motioned, Cott seconded to proceed with the name "Eureka"
for the playground. On roll vote, Brock "aye", Cott "aye", Miller
"aye". Smith "nay", Perry "nay", and Mayor Castleberry "aye".
Motion carried with a 4-2 vote.
13. There was no Exe.:utive Session held during the Regular
Session.
With no further business, the meeting was adjourned at 9:45 p.m.
BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
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~ JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACCOOIB6
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II~lltton Agendalte A.3
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"RORY NORRI6"
WHEREAS, on March 30, 1991, Ruby Norris retired, after serving
with the city of Denton since September 16, 1975; and
WHEREAS, during the past 18 years, Ruby has represented our
city 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 Ruby and wish to
recognize same; and
WHEREAS, Ruby has always served above and beyond the efficient
discharge of her duties in promoting the welfare and prosperity of
the City, and has earned the full respect of her fellow employees,
colleagues, and citizens of Denton; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
That the sincere and warm appreciation of Ruby felt by the
citizens and officers of the City of Denton, be formally conveyed
to her 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 her a true copy thereof as a token of our
appreciation. /C~f~~!J
PASSED AND APPROVED this the day of i1&4.a, 1994.
I
BOB CASTLEBERRY, MAY
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JENNIFER WALTERS, CITY SECRETARY
BY: -
AI?P ED YATO, Lv AL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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Aaeidaile
DATE: April 19, 1994 NO-
REPORT j o
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Variance request to Sec. 34-1140 Article 9 of the Code of
Ordinances, pertaining to intersection spacing, at the
proposed Northwood Estates Addition.
RECOMMENDATION:
The Planning 6 Zoning Commission did not make a recommendation
on the variance request, voting 3 to 3 on a motion to deny.
SUMMARY.,
In order for the City Council to approve a variance, it must
be demonstrated that all three criteria, as listed in sec. 34-
7 of the subdivision Regulations, are met:
1. Granting the request would not violate any master plans as
defined by sec. 34-5 of the Subdivision Regulations.
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2. 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.
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3. The special 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 commission addressed the above criteria, but did not agree
on the degree to which the criteria applied to the request.
BACKGROUND:
The Council should note that Old North Road is a collector
street, and Windsor Drive is an arterial street, according to
the City's Thoroughfare Plan. The regulations state that
intersections along arterial streets are to be at least 400
ft. apart. Tn this instance, the petitioner is proposing an
intersection on Windsor Drive 140 ft. from its intersection
with Old North Rd.
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Old North Rd. as a collector street, requires intersection
spacing of 200 feet from Windsor. A similar subdivision layout
could be achieved by rotating the current layout 90' so that
the cul-de-sac fronts on Old North Rd. A distance of 185 ft.
(15 ft. less than is required) between the cul-de-sac right of
raay and Windsor right of way would then be possible, meeting
the 150 ft. offset requirement from windy Hill.
The Commission pointed out that an intersection variance would
be required whether the subdivision layout fronted on Windsor
or Old North. It was also pointed out that this problem could
have been addressed with the applicant's first submittal.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
Property owner. Neighboring owners/developers.
t
FISCAL IMPACT:
j None.
Respectfully submitted:
s
Lloyd V. arrell, City Manager
Prepared by:
i
~ I
G. Owen Yo LA
Urban Planner
I
Approved:
I
rank H. Ro ins, AICP
Executive d rector
Planning and Development
ATTACHMENT.,
e Location Map.
Pit Minutes.
, Detail, Thoroughfare Plan.
~ uaaoses
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. . ATTACHMENT 1
Nortlnvood Addition 3 `7
NORTH
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LEGEND
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Preliminary Pia!
Date. 3/17/94 Scale: None
ATTACHMENT 2 (-I W
Minutes P&Z Commission
April 13, 1994 ~V 7
Page 14 DRAFT
VI. Northwood Estates. a. Hold a public hearing and consider an intersection spacing
variance for Northwood Estates Ltd.
STAFF REPORT: was given by Owen Yost.
Mr. Yost said Doyle Conine, was the owner of approximately 2.8
acres at the southeast corner of Old North Road and Windsor
Drive. Mr. Conine has requested to plat the land into 8
residential lots fronting on an interior cul-de-sac. Old
North Road is a collector street and Windsor Drive is an
arterial street.
The purpose of the petition is to obtain a variance of section
34-114, Article 9 concerning intersection spacing. Intersec-
tions along an arterial street are to be at least 400 feet
apart. The petitioner is proposing an intersection on Windsor
Drive 140 feet from it's intersection with old North Road.
Old North Road as a collector street and requires 200 feet
between intersections. A similar subdivision layout could be
achieved by rotating the current layout so that the cul-de-sac
entered off of Old North Road. A distance of 185 feet between
the cul-de-sac right-of-way and the Windsor right-of-way would
be possible still meeting the 200 foot offset requirement from
Windy Hill. Three criteria must be met in order for a
variance to be granted. The criteria is as follows:
1. The variance would not violate any master plan as defined
by Section 34-5 of the Subdivision and Land Development
j Regulations.
2. Special or unusual conditions relate to the topography, or
x unique physical features of the property.
} 3. The special conditions were not created by the owner or
prior owner's omission.
RECOMMENDATION: Staff recommended denial of the variance for the
following reasons: There are no peculiar conditions related to
topography or shape of the property that would preclude the peti-
tioner from entering the subdivision off of Old North Road. A cul-
de-sac could be placed off of old North Road and be within 15 feet
of the required spacing.
Mr. Norton asked about the future plans for Windsor Drive.
Mr. Yost said Windsor will extend all the way to Loop 288.
4
Minutes P&Z Commission As ' BiT1~~
April 13, 1994
Page 15
Mr. Norton asked if the developer had looked at the cul-de-sac from
the other street.
Mc. Yost said yes, but he preferred for the developer to address
that issue.
Ils. Russell asked how the 140 feet was arrived at.
Mr. Wilkinson said 140 feet was the length of the lot from Old
North to the read way.
t Mr. Yost said there were five notices mailed out. No responses
were received.
PETITIONER: Doyle Conine, 2305 Bowling Green. Mr. Conine said he
was surprised to be before the commission. He said he thought the
plat was good and all of the issues had been resolved a month ago.
He found out a couple of weeks ago that there was a problem with
i the variances. Mr. Conine said he had not had the chance to
reorient the area according to Mr. Salmons request. The four lots
fronting onto old North Road would have rear access for drives and
etc. If the cul-de-sac were to be reoriented we would loose at
least one lot, and the water and sewer would have to be re-routed
back into the cul-de-sacs. Windsor is currently a dead end street.
Even though the city is planning for Windsor to run to Loop 288 it
will be to a south bound access road. If we reorient the cul-de-
sacs it will add to the cost and loss of at least one of the lots.
The other three lots would have to be made a little smaller.
Mr. Conine said at the current time there is far more traffic on
Old North Road than on Windsor and he did not feel that traffic
problems should be an issue.
i
IN F'AVORt None
e
IN OPPOSITION: None
The public hearing was closed.
Ms. Russell made the motion to approve the intersection spacing
variance for Northwood Estates. Mr. Norton seconded the motion.
Mr. Cochran said he would have to vote against the variance,
because he did not feel that the criteria had been met. He said it
was a major arterial for the community and Windsor would handle
more traffic than people realize.
Mr. Engelbrecht said he also would have to vote against the
variance. 1!e said he realized that currently there is more traffic
I
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Minutes P62 Commission ;Ja~j1
April 13, 1994
Page 16
on Old North Road, eventually Windsor will be extended. He also
understood that tor. Conine did have indications early on that the
plat was going through. Mr. Engelbrecht said there were several
errors made all along the way.
Ms. Russell said across the street all the homes have an alleyway.
Those people do not pull out onto Windsor, they go down an alleyway
and exit. The traffic is not that severe. The property does not
fit the regulations, so you can't do anything about the property.
We need to work the best way we can within the guidelines that we
have now.
The vote was tied (3-3) with Ms. Flemming, Mr. Cochran and Mr.
Engelbrecht voting against.
Mr. Robbins said this staff report would show to council that there
is no recommendation.
Mr. Engelbrecht asked how the plat could be processed without the
variance.
Mr. Robbins said without a recommendation on the plat it could
delay the developer a month. Mr. Robbins suggested that the
commission vote on the preliminary plat. If there is another tie
vote at least the Council will have on their agenda both items to
either approve or deny. If both items are not sent to Council at
the same time the developer could be delayed at least 4 to 6 weeks.
J b. Consider the preliminary plat of Lots 1 through 8, Block A of
the Northwood Estates Addition. The 2.805 acre site is
located at the southeast corner of old North Road and Windsor
I Drive.
STAFF REPORT: given by Owen Yost.
Mr. Yost said the 2.805 acre site is located south of Windsor and
east of old North Road. Access to all lots will be via the planned
cul-de-sac. Lot 4 will have access through a private access
easement primarily through lot 5. Several easements will be
dedicated with the final plat. Electric service will be
underground. Public improvement will include 1,i50 feet of
concrete sidewalk, 210 feet of street and cul-3e-sac paving, 70
feet of sewer line, 305 feet of water line, and several drainage
facilities. one street light will be installed, at the developer's
expense. The current zoning is SF-10. All services are available
or planned for. The plat does not conform to Chapter 34 of the
Code of Ordinances; in the subdivision and Land Development
Regulations.
i
ATTF.C}TMENT 3 1 a' U, .qLf
Northwood Addition V7 NORTH
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Detail, lboroagUare Plan
Date: 4/8194 Scale: None
°CITY.
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CITY COUNCIL REPORT D
DATE: April 19, 1994
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Z-94-004
RECOMNDATION:
The Planning anA Zoning Commission recommends approvaII6-01.
SM&MY :
t
The applicant is requesting an amendment to the detail plan
for a portion of Planned Development District 6 also known as
San Jaointo Plaza.
A
BACKGROUND:
See Pit report.
PROGRAMS,, DEPARTMENTS OR GROUPS AFFECTEQ:
Planning and Development
Building inspection
FISCAL IMPACT:
i
4 N/A
Reape ly submitted:
Lloyd V. Harrell
City Manager
Prepared by:
f✓D tlac~r~xA
%
Debra Goodwin
Urban Planner
Approved:
V
Frank H. Robbins AICP
Executive Director
Planning and Development
F
9-~
PLANNING AND ZONING COMMISSION REPORT
To: Mayor and Members of the City Council
Case No.: Z-94-004 Meeting Date: April 19, 1994
GENERAL INFORMATION
Applicant: John Kerr Munson
10711 Preston Road, Suite 220
Dallas, Texas 75230
Current Owner: Santander San Jacinto Limited
c/o Castlebrook Management Inc.
10711 Preston Road, Suite 220
Dallas, Texas 75230
Requested Action: Approve an amendment to the detail plan
for a portion of Planned Development
District 6 also known as San Jacinto
' Plaza
( Location and Size: A 12.2077 acre tract of land located east
of Interstate Highway 35, northwest of
San Jacinto Blvd, and west of Piney Creek
Ji Blvd
Surrolnding Land Use and Zoning:
North - SF10/Residential
South - Interstate Highway 35
East - PD 6/Golden Triangle Mall
West - PD 6/Pep Boys and Wolf's Nursery
Denton Development Plan:
Low Intensity Area
1
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PLANNING AND ZONING COMMISSION REPORT O
To: Mayor and Members of the City Council
Case No.: 2-94-004 Meeting Date: April 19, 1994
GENERAL INFORMATION
Applicant: John Kerr Munion
10711 Preston Road, Suite 220
Dallas, Texas 75230
Current Owner: Santander San Jacinto Limited
0/0 Castlebrook Management Inc.
10711 Preston Road, Suite 220
Dallas, Texas 75230
Requested Action: Approve an amendment to the detail plan
for a portion of Planned Development
District 6 also known as San Jacinto
Plaza
ti
Location and Size: A 12.2077 acre tract of land located east
of Interstate Highway 35, northwest of
San Jacinto Blvd, and west of Piney Creek
Blvd
Surrounding Land Use and Zoning:
North - SF10/Residential
South - interstate Highway 35
East - PD 6/Golden Triangle Mall
West - PD 6/Pep Boys and Wolf's Nursery
Denton Development Plan:
Low Intensity Area
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(Case Z-94-004)J S
Page Two
HISTORY
Planned Development District 6 was approved in 1969 under a
comprehensive site plan. San Jacinto Plaza and Township II,
Phase I were approved by ordinance for commercial, single
family, multi-family and duplex uses. The original ordinance
implied that the uses of the PD could be changed through the
platting process.
a site
San
plan was approved. o dinance was adopt adopted at that time.
An amendment to the PD was approved in 1992 that adopted, by
ordinance, a site plan and list of permitted uses. (Copies of
these documents are attached.) Concerns from area residents
voiced during that process were directed mainly to restaurant
uses on the property due to potential odor and increased
traffic.
On April 19, 1994, the Planning and Zoning Commission heard
Case Z-94-004 and unanimously recommended approval (6-0).
ANALYSIS
The purpose for the present request is twofold. First, the
site plan adopted by ordinance in 1992 did not reflect the
actual center alre,-.dy constructed. This was not discovered by
the owner or City staff until recently. This request would and
indicate site i substantially with h compliance building with the
previously adopted site plan.
s Secondly, the size of the free standing pad site would also be
increased from 4,000 square feet to 5,100 square feet. A
traffic impact analysis was conducted on
984 traffic study in 1984.
References to this pad site indicate a
pad sf"v of 5,000 square feet.
The existing construction is 94,700 square feet with a
proposed buildout of 135,429 square feet - this reflects the
increase in the pad site to 5,100 square feet. The previous
plan adopted in 1992 indicated a maximum building area of
1290000. This plan did not accurately reflect what had
already been constructed.
i
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3
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Agenda No Q
Ago %f? ~e
(Case Z-94-004) ;rye u~
Page Three
As this area is designated as a low intensity area, a
disproportionate share of intensity was allocated with the
zoning. The zoning was granted with the stipulation that only
those uses indicated on the
attached list be permitted. Staff
is recommending that those uses remain as presently adopted.
NOTIFICATION
Twenty two notices were sent to property owners within 200
feet of the property in question prior to the Planning and
Zoning Commission meeting. One notice was returned in favor
and one notice was returned in opposition.
i
RECOMMENDATION i
Planning and Zoning Commission recommends approval of Case 94-
004 amending the detail plan for a portion of PD 6 and
maintaining the allowed uses adopted in Ordinance 92-109.
ALTERNATIM
1. Approve the petition
2. Approve the petition with additional conditions
3. Deny the petition
4. Postpone action
i
ATTACHMENTS
1. Location Map
2. Adopted Site Plan
3. Proposed Site Plat
4. Permitted Uses
5. Minutes of Planning and Zoning Commission, April 13, 1994
iI.
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ATTACHMENT 2
r San Jacinto Plaza NORTH
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ALECRE VISTA A AS
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San Jacinto Plaza ! 57 NORTH
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SAN 1ACINTO PLAZA
DENTONI TEXAS SITE PLAN EXHIBIT A
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ATTACHMENT 4
San Jacinto Plaza
Animal Clinic or Hospital (no outside runs or pens)
Antique Shop
Art Gallery or Museum
j Bakery or Confectionery Shop (Retail)
Church or-Rectory
Cleaning and Pressing Small Shop and Pickup
college or University or Private School
Community Center (Public or Private)
Custom Personal Service Shop
Day Nursery or.Kindergarten School
Drapery, Needlework or Weaving Shop
Florist or Garden Shop
Greenhouse or Plant Nursery (Retail only)
Handicraft Shop
Household kppliance Service and Repair
Institutions of Religious or Philanthropic Nature
r Laundry or Cleaning Self Service
Mimeograph, Stationery or Letter Shop
New Auto Parts Sales Stores
Nursing Home or Residence Home for Ag'od
Off Premise Sale of Boor and/or wine
Off Street Parking Incidental to Hain Use
Off Street tiimote Parking
offices, Professional and Administrative
Public Library
Retail Stores and Shops
School, Business or Trade
i School, Private
School, Public or Denominational
Studio for Photographer, Musician, Artist or Health
Telephone, Business Office
Telephone Line and Txchangs Switching or Relay Station
List of Permitted Uses
ti Dates 4/7/94 Suite None
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ATTACHMENT 5 R-liq
MINUTE
S PLANNING AND ZONING COMMISSION iu',3 4"April 131 1994 k lm
The City Regular Meeting
was eheld n on Planning April 13, 1994, and
Texas of
began at 5:00 p.m. in the City Council Chambers, 215 E. McKinney.
PRESENT FROM P&Z: FChairman lemming, Dick bNorton, Barbara o Russell Ka and
Richard Cooper.
ABSENT FROM P&Z: Dr. Mary Evelyn Nuey.
PRESENT FROM STAFF: Frank Robbins, Executive Director of Planning
and Development; Debra Goodwin, Urban Planner;
Owen Yost, Urban Planner; Harry Persaud,
Senior Planner; Mike Bucek Assistant City
Attorney; Gerald Cosgrove, Engineering Admin-
istrator for Water/Wastewater; Roger
Wilkerson, Right of Way Agent; Cindy Cranford,
Secretary.
1 I. Consider approval of the minutes of the March 23, 1994
meeting.
Mr. Cochran made the motion to recommend seconded approval and the
minutes of March 23, 1994. Ms. Russell the
motion carried unanimously (6-0).
II. Hold a public hearing and consider an amendment to the detail
j plan for San Jacinto Plaza which is a portion of Planned
Development Distric} 6 located at 2300 through 2324 San
will
amendment
Jacinto footage for Blvd. theThis
Plaza at build out from 129,000 to 5,430
the square feet.
STAFF REPORT: given by Debra Goodwin.
comprehensive Planned Dplan. San Jacinto Plaza approved
Ms. 1969 Goodwin under a said that
Township II, Phase I was approved by ordinance for commercial,
single family, multi-family and duplex uses. The original PD
implied that the uses of the PD could be changed through the
platting process. San Jacinto Plaza was replatted in
September, 1984 and a site plan was approved. No ordinance
was adopted at that time. An amendment to the PD was approved
in 1992 that adopted, by ordinance, a site plan and list of
permitted uses. Concerns from the residents were voiced about
restaurant uses on the property. Restaurant uses was
prohibited at that time.
E
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Minutes P&Z Commission '.7
April 13, 1994 -
Page 2
The site plan adopted in 1992 did not reflect what had
actually been built. This was discovered just recently. This
withethewexisting building. p It would allow future additions
that would be in compliance with the previously adopted site
plan. The free standing pad site in front of the building
would also abe increased from 4,000 square feet to 5,100
square feet. References to the pad site in a 1984 traffic
study indicate a pad site of 5,000 square feet. The existing
building is 94,700 square feet with a proposed buildout of
135,429 square feet. The previous plan adopted in 1992
indicated a maximum building area of 129,000 square feet.
T
was granted with the stipulation that he area is designated as a low intensity area. The zoning
indi-
cated on the attached list be permitted. only is recommended
that those uses be presently adopted.
Twenty two notices were sent to property owners. One response
was in favor and two in opposition.
RECOMMENDATION: staff recommended approval of Case 94-004
amending the detail plan for a portion of PD6 and maintaining
the allowed uses adopted in Ordinance 92-109.
PETITIONER: John Munson, 10711 Preston Road, Suite 220,
Dallas Texas 75230.
Mr. Munson said the request was for an update of the prior
plat, because the plans did show a discrepancy in the actual
buildings. They were trying to update so the plat would be
accurate. He said he would be glad to answer any questions.
E
IN FAVOR: none
i '
' i
' IN OPPOSITION: Brenda Minnis, 1213 Hopkins Drive. She said
she was president elect of the Township II homeowners Asso-
ciation. She said the property owners were told in 1984 there
would be a wall or fence that would run from the mall to Piney
creek that would separate the homes from the mall. A traffic
study was done in 1984. In 1984 Piney Creek and San Angelina
Bend were joined. The traffic study was done with that in
mind as a straight shot to the mall. The homeowners objected
i ' to having their homes as a thoroughfare. We banded together
and got the area closed off and it is no longer a road. it
ry.
5
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Minutes P&Z Commission
April 13, 1994 a e~ ~s
Page 3
also turned Hopkins Drive into a major turn around area. It
is a dead end streets and we had p<:ople slamming on brakes.
Now there are fences, so wee have ambulances instead of
wreckers. The main objection is the opening of more stores
without a another traffic ctudy. We feel that it would cause
more traffic congestion and wrecks. If they would section the
area off like they were supposed to do back in 1984 the
homeowners would not have any objections. We would only
request that the city would do another traffic study.
Mr. Cochran asked what the neighborhood meant by closing off
i the area. He asked what they wanted.
Ms. Minnie said PEP BOYS started a wall and it stopped at the
j back of the day care center. She said they would like for the
fence to be finished to block off the neighborhood. People
are jumping curbs and looking for ways to get out of the area.
We do not want them to use our neighborhood.
Ms. Russell asked if there was not a fence all along the
stores. She said she remembered a fence.
j Ms. Minnie said the fence did not go all the way. It only
went to the ditch. Pep boys built a nice retaining wall and
fence, but it only went to the drainage ditch. Behind Mervyns
there is a pasture. The wall only goes to the area where the
day care is.
i j
i Mr. Engelbrecht asked if the neighborhood association has
talked to the traffic engineer about signs in the neighbor-
hood.
Ms. Minnie said she had not talked with the traffic department
yet. She said she would be glad to talk with them. She
mentioned that there are 200 •,omes in the assooiation.
Mr. Engelbrecht said he understood that the homeowners wanted
the fence completed from behind Mervyns to Piney Creek.
Ms. Minnie said that was correct.
Mr. Cochran asked if she had approached the developer.
f Ms. Minnie said she had not, but she would after the meeting.
REBUTTAL: Mr. Munson said the traffic going behind the center
is a problem. He said he thought the reason why the fence was
not completed was that Pep Goys was waiting for houses to be
•f
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37
Minutes P&Z Commission J2p~h
April 13, 1994
Page 4
built in the vacant area. He said traffic is going around
because of tsie bridge that is still intact. There is a
barricade, but people can go around it because there is a gap
between the ditch and the barricade. He said there should be
post and a chain to stop traffic, He said he would work
with the homeowners. He said he did not want potential
traffic accidents, or children getting hurt. He passed around
pictures showing the problem. He said he had just realized
about the traffic problem.
Mr. Norton asked where the barrier was located.
Mr. Munson said the barrier was in the curve of the street in
the Township Addition. There is no barrier at San Jacinto
Plaza only a curb.
Mr. Cochran asked if Mr. Munson was willing to try and resolve
the issue.
Mr. Munson said he would. He did not want any of their cus-
tomers to jump the curbs. He said he knew some type of
barrier needed to be put at the end of the street.
Ms. Russell said there seemed to be two issues. The fence
that never was built, and the barricade that was really not
Mr. Munson's responsibility but should be addressed by the
traffic dept. The other issue was the actual request for the
amendment to the PD. She raid the actual request should be
taken care of. The city should be responsible for the
barricades, and perhaps s little police monitoring would help.
Mr. Engelbrecht asked if Mr. Munson could get a fence put up
between the drainage ditch and Piney Creek, Blvd.
` Mr. Munson said that would not be a problem,
i
The public hearing was closed.
Mr. Cochran asked about a traffic study.
Ms. Goodwin said staff did not think the case warranted a
traffic study, but they were aware of the problem and they
were reviewing it.
Mr. Cochran moved approval of Z-94-004. Ms. Russell seconded
and the motion carried unanimously (6-0).
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO.
92-109 RELATING TO A PORTION OF PLANNED DEVEL40PMENT (PD) NO. 6 BY
REPEALING THE EXISTING DETAIL PLAN AND ADOPTING A NEW DETAIL PLAN
FOR SAN JACINTO PLAZA BEING DESCRIBED AS 12.2077 ACRES KNOWN AS
LOTS 2A, 3A, 5A, AND 6A, BLOCK As REPLAT PART OF BLACK At TOWNSHIP
II, PHASE II, CITY OF DENTON; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS
THEREOF: AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Santander San Jacinto Limited has applied for an
amendment to a portion of Planned Development (PD) No. 6, as set
forth in ordinance No. 92-109, by adopting a new detailed plan; and
WHEREAS, the Planning and Zoning Commission, after a public
hearing, recommended approval of the requested change: and
WHEREAS, the city council finds that tho proposed amendment
will be in compliance with the Denton Development Plan; NOW,
r THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That ordinance No. 92-109, which approved a planned
development zoning district classification and use designation for
12.2077 acres of land forming a portion of PD No. 6. known as San
Jacinto Plaza, is hereby amended by repealing the existing detailed
plan and adopting a new detailed plan illustrated in Exhibit "A",
which is attached hereto and made a part hereof for all purpOSes.
I SiiCTION II. That Ordinance No. 92-109, as amendedr shall
remain in full force and effect, save and except as amended by this
ordinance.
SEWION Ill, That a copy of this ordinance shall be attached
to Ordinance No. 92-109, showing the amendment herein approved.
j SECT~ON IV. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION V. That this ordinance shall become effective fourteen
(14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be pub-
lished twice in the Denton Record-Chronicle, the official newspaper
of the City of Denton, Texas, within ten (10) days of the date of
its passage.
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Agcr.Ca A"o.
PASSED AND APPROVED this the day of 1994.
I
j BOB CASTLEBERRY, MAYOR
AT'T'EST:
JENNIFER WALTERS, CITY SECRETARY
4
BY: E
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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SAN 1ACINTO PLAZA
DENTON. TEXAS Fes-, SITE PLAN EXHIBIT A
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DATE: April 19, 1994
BST E~
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
STIBJECT: PRELIMINARY PLAT of LOT 1,
ADDITION HACK 1 OF THE GATEWAY
F3~41$IENDATION ;
The Planning and Zoning Commission recommended approval at the
April 13, 1994 meeting, (6-0),
~RYs
The 6.355 acre site is located on the west side of Hinkle
i Drive, approximately 110 ft. north of Meadow Ridge Dr. Land
directly to the south and west is own0d by the City of Denton.
The site is contained within a General Development
approved on 4/13/94 by the commission. Plan
r The land is undeveloped. The applicant proposes a new church
building, and related surface parking.
Public improvements include approximately 260 feet of concrete
sidewalk along Hinkle Dr. An on-site fire hydrant may be
required, depending on siting of the building,
BACKGRO JNDt
Currently the land is zoned A
church. The applicant (agriculture) which allows a
distance from the Meadow proposes to set Ridge development,and leaveimuchbof
the native vegetation intact.
Services and facilities, including
1 telephone-, electrical, and sold water, sanitary a ry available sewer,
planned for.
or
The plat conforms to the minimum requirements of the
Subdivision and Land Development Regulations; Chapter 34 of
the Code of Ordinances.
! OR GROUP- AgFCWn•
1 Property owner, Jess Newton Rayzor.
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FISCAL IMPACT.
None. f7
Respectfully submitted,
Lloyd v. H rrel , Ci y Manager
Prepared by: /
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G. Owen Yost, ASLA
Urban Planner
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Approved by:
G 4F&rank H.? obbins, AICP
Executiv Director of
Planning i Development
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I ATTACHMENTS:
Location map.
s Pre:.iminary plat.
,c 0 Piz Minutes.
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Gateway Addition _ ATTACHMENT 1 L 'j Ql b NORTH
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WINDSOR DRIVE;
NORTHRIDGE
WINDSOR cnv MAGNOLIA
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NORTH
Gateway Addition _ u 6P
ZONfO AGRICULWR£
JESS NLwIONaVack H 01, fa
VOL 119y~~C. 601, R.P.R.
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It" E04 71' DiAM. WAS Wr4h A SW 4M rL009 TONE- MEADOW fiDCE Onw r,
IONEO AGRICULTURE MEADOW RIDGE ADDT10N +
CAI. I, PC 341, P.0.
ZON£O PO-79
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9 Preliminary Plitt
Dote: 3/31/94 Scale: None ...f
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ATTACIRIENT 3
Vinutes P&Z Commission
April 13, 1994
Page 18
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Addition. The .4848 acre site is located on the south side of
Hwy. 380, approximately 630 feet west of Mayhill Drive.
Ms. Russell made the motion to approve the consent agenda.
Mr. Cochran seconded and the motion carried unanimously (6-0).
VIII. Gateway Addition.
a. Consider the General Development Plan of 46.64 acres located
south of Windsor Drive and west of Hinkle Drive. The land is
currently owned by Jess Newton Rayzor et. al.
STAFF REPORT OWEN YOST
Mr. Yost said the request is for a General Development Plan
for 46.64 acres of land owned by Jess Newton Rayzor. A
General Development Plan is required so the Commission can
look at the way in which the proposal blends with thoroughfare
patterns, proposed land uses, the Denton Development Plan and
its relationship to adjoining, existing uses. The Gateway
Baptist Church is proposing to utilize approximately 6.3 acres
within the tract. No public improvements are required. All
of the land is zoned Ag and proposed for residential use
except for the church site. He wanted the land given as a
voluntary park donation.
I Mr. Yost said the map in the packet was not good. It was
superseded by the large map that was handed out.
Mr. Cochran made the motion to approve the General Development
Plan for Gateway Addition, Ms. Russell seconded and the
motion carried unanimously (6-0).
b. Consider the preliminary plat of hot 1, Block 1 of the Gateway
Addition. The 6.355 acre site is located on the west side of
Hinkle Drive, approximately 110 feet north of Meadow Ridge
Drive.
STAFF REPORT: was given by Ower: Yost.
Mr. Yost said the 6.355 acre site is located on the west side
of Hinkle Drive. Land directly to the south and west is owned
by the City of Denton. Currently the land is undeveloped.
The applicant has proposed a new church building and related
surface parking. Public improvements will include 260 feet of
concrete sidewalk along Hinkle Drive. An on-site fire hydrant
may be required, depending on how the building is placed on
the lot. The current Aq zoning does allow for a church. The
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Minutes P&Z Commission
April 13, 1994 ~d
Page 19
applicant proposes to set back a considerable distance from
the Meadow Ridge development, and leave such of the native
vegetation intact. All services are available or planned for.
The plat does conform to the minimum requirements of the
subdivision and Land Development Regulationsi Chapter 34 of
the Code of Ordinances.
Ms. Russell made the motion to approve the preliminary plat of
1111 Gateway Addition. Mr. Norton seconded and the motion carried r
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Date: April 13, 1994 [1e
REPORT
T0: Mayor and Members of the city council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: PRELIMINARY PLAT OF LOT 1, BLACK It OF THE SPENCER
ADDITION
RECOMMENDATION:
The Planning and Zoning Commission recommended approval at the
April 13, 1994 meeting, (6-0).
E
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The .9848 acre site is located on the south side of Hwy. 380,
approximately 630 ft. west of Hayhill Dr.
I Currently, a gasoline station is located on the eastern half
of the site. Formerly, the site utilized a septic system, and
a private water supply. Neither are currently in use by the
applicant. This plat adds approximately half an acre to tLe
site owned by Mr. Spencer. The proposed use for this entire
site is unknown at this time.
f Public improvements associated with the final plat include
approximately 208 ft. of concrete sidewalk.
~J ~ ~CKGROUND:
III The entire site is zoned commercial (C), which allows a
gasoline station.
Land in this area was illegally subdivided in 1982, but the
applicant was not a party to this subdivision. A plat of this
land, known as the Clampitt Addition, was reviewed in 1986 but
was never completed. Services and facilities, including water,
gas, sanitary sewer, telephone, electrical, and solid waste,
are available.
The plat conforms to the minimum requirements of the
Subdivision and Land Development Regulations; Chapter 34 of
the Code of ordinances.
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svc nFp]~RTMENTS OR GROUPS AFFECTED: ° 3 j(b'l'O `
Property owner, adjacent owners. itQ►
FrcrAL IMPACT:
None.
Respectfully submitted,
Lloyd V. Harrell, City Manager.
Prepared by:
Clw~.
G. Owen Yost, A9
Urban Planner
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4 Approved by:
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Planning & Development
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ATTACHMENTS:
• Location map.
• Preliminary plate.
. P&2 Minutes.
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ATTACHMENT 1 '
LIBq= - NORTH
Spencer Addition - 6
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Location Map
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Spencer Addition ikn_ NORTH
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ATTACHMENT 3 ~pa~ J
Minutes P&Z Commission
April 13, 2994
Page 17 f~-
Ms. Flemming made the motion to deny the preliminary plat of
Northwood Estates. Mr. Cochran seconded the motion. The vote was
tied (3-3) with Ms. Russell, Mr. Cooper, and Mr. Norton voting
against.
Mr. Cochran asked if there was anything the developer could do.
Mr. Engelbrecht said the developer could appeal to the Council.
VII. Consent Agenda:
The following items are recommended by the staff and approval
thereof will be strictly on the basis of staff recommendation.
Approval of the consent agenda authorizes the Executive Director
for Planning and Development or his designee to proceed with each
item in accordance with the staff recommendation.
a. Consider the preliminary and final plat of Kelsoe No. 2
Addition, Lot 1, Block A located on the northwest corner of
Interstate Highway 35 and McCormick Street.
1 b. Consider the preliminary and final replat for Lot 1R, Block
27, Original Town of Denton located between South Elm Street
and South Locust Street south of Sycamore Street.
TWA,S TESTING WAS PULLED FROM THE AGENDA PRIOR TO THE MEETING
AT THE APPLICANTS REQUEST.
co TeJas Testing.
1. Consider the General Development Plan of 105.228 acres
located on the east aide of Woodrow Lane, approximately
580 feet south of Pecan Creek. The land is owned by N. W.
Realty, Inc.
}
2. Consider the preliminary and final plats of Lot 1, Block
A of the Tejas Testing Addition. The 2.00 acre site is
located on the east side of Woodrow Lane, directly north
of its intersection with Morse Street.
d. Consider the amending plat (preliminary and final) of Lots 11R
and 13R. Block 28 of the Carroll Park Addition, ~.hird filing.
The 1.418 acre site fronts on Fulton Street, between
University Drive and Westway,
e. Consider the preliminary plat of Lot 1, Block 1 of the Spencer
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_gG/- Q l1
Minutes PiZ Commission
April 13, 1994 Lf~K^7___,•,
Page l8 bQ
LAAddition. The .9848 acre site is located on the south side of
wy. 380, approximately 630 feet west of Mayhill Drive.
s. Russell made thee motion to approve the consent agenda.
r. Cochran seconded and the motion carried unanimously (6-0).
li VIII. Gateway Addition.
a. consider the General Development Plan of 46.64 acres located
1 south of Windsor Drive and west of Hinkle Drive. The land is
1 currently owned by Jess Newton Rayzor et. al.
STAFF REPORT OWEN YOST
Mr. Yost said the request is for a General Development Plan
for 46.64 acres of land owned by Jess Newton Rayzor. A
General Development Plan is required so the commission can
looY.at the way in which the proposal blends with thoroughfare
patterns, proposed land uses, the Denton Development Plan and
its relationship to adjoining, existing uses. The Gateway
Baptist Church is proposing to utilize approximately 6.3 acres
within the tract. No public improvements are required. All
of the land is zoned Ag and proposed for residential use
except for the church site. He wanted the land given as a
I voluntary park donation.
Mr. Yost said the map in the packet was not good. It was
J superseded by the large map that was handed out.
Hr. Cochran rade the motion to approve the General Development
Plan for Gateway Addition, Ms. Russell seconded and the
motion carried unanimously (6-0).
i
b. Consider the preliminary plat of Lot 1, Block 1 of the Gateway
Addition. The 6.355 acre site is located on the west side of
Hinkle Drive, approximately 110 feet north of Meadow Ridge
Drive.
STAFF REPORTS was given by Oven Yost.
Mr. Yost said the 6.355 acre site is located on the west side
of Hinkle Drive. Land directly to the south and west is owned
by the City of Denton. Currently the land is undeveloped.
The applicant has proposed a new church building and related
surface parking. Public improvements will include 260 fret of
concrote sidewalk along Hinkle Drive. An on-site fire hydrant
may be required, depending on how they building is placed on
the lot. The current Ag zoning does allow for a church. The
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DATE: April 19, 1994 Me
1 54
$.EPORT
TO., Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: PRELIMINARY PLAT OF LOTS 1 THROUGH 8, BLOCK A OF THE
NORTHWOOD ESTATES ADDITION
gFco E~.8TZ4~~
The Planning and Zoning Commission did not make a rec-
ommendation on this item, voting 3 to 3. The vote followed a
similar vote on the variance associated with this plat.
SU)D%,gY:
The 2.805 acre site is located south of Windsor and east of
old North Rd. it is immediately west of an existing drainage
channel.
Access to all lots will be via the planned cul-de-sac. Lot
4 in particular will have access through a private access
easement primarily through toot 5.
~ T
Several easements, as shown, will be dedicated with the final
` plat. Electric service will be underground.
l Public improvements include approximately 1,150 feet of
1 concrote sidewalk, 210 feet of street and cul-de-sac paving,
70 feet of sewer line, 305 feet of water line, and several
drainage facilities. one street light will also be installed,
at the developer's expense.
8S?SINI~ i
The land is in a single-family zoning district (SF-10).
Su vices and facilities, including water, gas, sanitary sewer,
telephone, electrical, and solid waste, are available or
f planned for.
The plat does not conform to Ch. 34 of the Code of Ordinances;
the Subdivision and Land Development Regulations. Local
street to arterial street intersection spacing standards are
not not.
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Property owner.
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FISC~JV8gT OFF"
None.
Respectfully submitted,
-Lloyd V. Harrel , C ty M~ana er
Prepared by: 5
_(ajj!a _
G. Owen YOt t, ASIA
Urban Planner
i
Approved by:
Irank H. bins, AICP
Executive irector of
Planning & Development
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ATTACHMENTSt
i. Location map.
2. Preliminary lat.
3. P&2 Minutes.'
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TTACHMENT 1
Northwood Addition 3af NORTH
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Northwood Addition NORTH
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LEGEND
. pWVAT[ ALLE 11 [AI[K111
' Y[ • uTl.~r GKMENT
Preliminary Plat
Data 3/17/94 Scale: None -ro--'
• I
ATTACHMENT 3
Minutes P&2 Commission
April 13, 1994
Page 16
on 019 North Road, eventually Windsor will be extended. He also
under3tood that Mr. Caine did have indications early on that the
plat was going through. Mr. Engelbrecht said there were several
errors made all along the way.
Ms. Russell said across the street all the homes have an alleyway.
Those people do not pull out onto Windsor, they go down an alleyway
and exit. The traffic is not that severe. The property does not
fit the regulations, so you can't do anything about the property.
We need to work the best way we can within the guidelines that we
have now.
The vote was tied (3-3) with Ms. Flemming, Mr. Cochran and Mr.
Engelbrecht voting against.
I
Mr. Robbins said this staff report would show to council that there
is no recommendation.
Mr. Engelbrecht asked how the plat could be processed without the
variance.
Mr. Robbins said without a recomnendation on the plat it could
delay the developer a month. Mr. Robbins suggested that the
commission vote on the preliminary plat. If there is another tie
vote at least the Council will have on their agenda both items to
either approve or deny. If both items are not sent to Council at
the same time the developer could be delayed at least 4 to 6 weeks.
F Consider the preliminary plat of Lots 1 through as Block A of
the Northwood Estates Addition. The 2.805 acre site is
located at the southeast corner of Old North Road and Windsor
Drive.
1 F REPORTi given by Owen Yost.
Mr. Yost said the 2.e05 acre site is located south of Windsor and
east of Old North Road. Access to all lots will be via the planned
cul-de-sac. Lot 4 will have access through a private access
easement primarily through lot 5. several casements will be
dedicated with the final plat. Electric service will be
underground. Public improvement will include 1r150 feet of
concrete
sidewalk, 210 feat of street and
cul-de-sac paving, 70
feet of sewer line, 305 feet of water line, and several drainage
facilities. One street light will be installed, at the developer's
~ expense. The current zoning is SF-10. All services are available
or planned for. The plat does not conform to chapter 34 of the
code of ordinances) in the subdivision and Land Development
Regulations.
t, q,~
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Minutes P&Z Commission
April 13, 1994 Z'~"`7r
Page 17
Ms. Flemming made the motio:t to deny the preliminary plat of
Northwood Estates. Mr. Cochran seconded the motion. The vote was
tied (3-3) with Ms. Russell, Mr. Cooper, and Mr. Norton voting
against.
Mr. Cochran asked if there was anything the developer could do.
Mr. Engelbrecht said the developer could appeal to the council.
VII. Consent Ageria:
The following items are recommended by the staff and approval
theroof will be strictly on the basis of staff recommendation.
Approval of the consent agenda authorizes the Executive Director
for Planning and Development or his designee to proceed with each
item in accordance with the staff recommendation.
a. Consider the preliminary and final plat of Kelsoe No. 2
Addition, Lot 1, Block A located on the northwest corner of
Interstate Highway 35 and McCormick Street.
b. Consider the preliminary and final replat for Lot 1R, Block
27, Original Town of Denton located between South Elm Street
and South Locust street south of Sycamore Street.
x TEJAS TESTING WAS PULLED FROM THE AGENDA PRIOR 70 THE MEETING
~J AT THE APPLICANTS REQUEST.
of Tejas Testing.
3
1. Consider the General Development Plan of 105.228 acres
located on the east side of Woodrow Lane, approximately
I 580 feet south of Pecan Creek. The land is owned by N. W.
Realty, Inc.
2. Consider the preliminary and final plats of Lot 1, Block
A of the Tejas Testing Addition. The 2.00 acre site is
located on the east side of Woodrow Lane, directly north
of its intersection with Morse Street.
d. Consider the amending plat (preliminary and final) of Lots 11H
and 13R, Block 28 of the Carroll Park Hddition, third filing. I
The 1.418 acre site fronts on Fulton Street, between
1 University Drive and Westway.
G. Consider the preliminary plat of Lot 1, Block 1 of the Spencer
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CITY COUNCIL REPORT FORMAT Fite ~qO 3
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
Approval of a tax refund to .olden Triangle J/V
SUBJECT:
RECOMMENDATION: from the Appraisal District
The Tax Aepartment has received a supplement qa Golden Triangle
.for 1992 making a correction to ttaxathepised value based on a Protest by
Golden Tre a reeJ/Vfund r which the Tax Technician recomr^ends.
J/V is due a r
SUMMARY:
Chapter 31.11 of the Texas Property Tax Code requires the approval of
the governing body of the taxing unit for refunds in excess of S 500-00-
Golden Triangle J/V is due a refund of S 1,017.44 on City Account
#034428 due to a reduced appraised value in 1992.
BACKGROUND:
Golden Triangle J/V paid their in traiiedfvaluenreducedvtherta9eG.
A supplement causing a reduction n apP
due for 1992. This reduction in taxe.; warrants a refund of Q 1,017.4
due to Golden Trianggle J/V.
PROGRAMS DEPARTMEOS OR GROUPS AFFECTED:
The Tax Department and the tax account of Golden Trianle J/V.
I FISCAL IMPACT:
1,017.44
RESPECTFULLY SUBMITTED:
}
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City Manager
Prepared by:
~ tits
Name V c Schneider
Title Tax Technician
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Har Jefferson
e T surer
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CITY OF DENTON (COS) 149r,FA[NTED: 03/27q4 02: 23pm
Mfr I ,
OWNER NAb,L AND AGUUE 55 1 ` I I'Ir r t
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P90B09 49921 PERS 1x46.379 ` 47,
SANWA NESS CREDIT CORPORA? PER PROPERTY - LEASED
I S R DR £ CNT LOCATION'. 2201 135
CHI IL 60606-4614 COS ASS 4 i46,379 4 -877
2201 135E S F',ECEIP'T TA 4 146,379 ; -877
DENTON, 0 1822 T T $ 333.00 .30 1 -6.30
I
NTITFES: GO(. 805. C05,
EXEMPTIONS:
SUPP CODE: C - CHANCE {
DOUBLED ASSESSED ON 9198
-
GOLDEN TRIANGLE J/V A 12 31)A J. S. TAf T, f T 7 d O, LAND NHS t 696 ('695,870
I (:OLDEN TRAN
3102 MAPLE AVE ST ACRES 3.195, OLD D TR IA(2) I
I DALLAS, TX 7520 2 SITI COLORADO C05 ASSESSED 4 556,6 695,870 -{139,174
r REC TAXABLE 4 556, 1695,870 -1139,174
ENTITIES: 001 5, C051 E05 N TAX AMT 4 3997 4996.35 999.27
EXEMPTIONS:
I BUPP CODE: CHANCE ~
COURT ORD JUDI
R14&1948 111 1407.285
' .828
GOLDEN E J/V A1694A HOPKINS, TRACT 4, ACRES LAND NHS 4 "15
3102 AVE STE SOO 1.87 C05 ASSESSED 32 S,82B 11407.285 ,457
CALL X 75201-7262 F1I ORADO BLVD RECEIPT TAXABL J25,8TS 407,285 1,457
EN S: 001, 805, C051 E05 M 7465`1, TAX AM 1339.45 12924.31 194.86
?IONS: 3 1-frf
P CODE: C + CHANCE i
T ORDERED JUDGEMENT
R34428 (1329111
GOLDEN TRIANGLE JiV AE644A R.H. HDPKINS. TRACT 7, ACRES LAND NHS i d66, B20 708,925
3102 MAPLE AVE STE 500 3. 2532, OLD DCAD TA IB
DALLAS, T% 75201-1262 SITUB. 2211) SAN JACINTO BLVD C05 ASSESSED • b6.820 708,525 141,705
RECEIPT' TAXABLE •66,8.20 708.525 1*41~N
ENTITIES: 001. SOS, COS, E05 0 7463, TAX AMT 4 069.77 5087.21 EXEMPTIONS: BUPP CODE: C - CHANCECOURT ORDERED JUDGEMENT _
_ _ -
EMPJI
3102 MAPL STE 500 0.344
DALLAS. 5201-1262 SITUS: BAN TO BLVD C05 ASSESSED • 59,940 74.925 R PTTAXABLE 4 159,940 74.925 Cj3 ENTITIES: , SOS, C05,
COS ;468 TAX AMT 1 ,430.3 537.96
R1b1947 f13 r I -`-__•GOLDEN TAI J/V A1694A R. H B, TRACT 8. ACRES LAND NHS 59, 740 74, 925
EXEMPTI
SUPP C -_'C = CHANGE
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REPORT FIOR030W 03139/94 AT 20:03 O V E R P A Y M E N T S PAGE
.1 ACCOUNT NO. RECEIPT NO. NAME ADDRESS AMCUNt STATUS OF PAY1
i
f 10421200000 97/06/24-0035 PEPPER, KAREN C PARKSIDE OR 604.12 OVERPAY
03381800000 9.106/25-0007 LANDRY, HARRAL E 049LAND ST 144.40 OVERPAY
t464ib00000 93!06/2tl-0020 ALLEN. WAYNE 6 LISA ALLEN E WINDSOR ST 66.21 OVERPAY
14648700000 930C6/25.0021 ALLEN. WAYNE 6 LISA ALLEN E W'NOSOR ST 65.21 OVERPAY
n2@67800000 83/L`0/26-0032 DABOUB, MARIO A KINGS RW 463.64 OVERPAY
90609400000 93/OS/29-0003 SANWA BUSJ><lf SSMCREDIT CORPORATION 5 1-35E 6.24 OVERPAY
409-t? SWERPAY
~a~~/no_nnnc r-ni htu ' '
03441800000 9310629-0007 GOLDEN TRIANGLE J/V - SAN uACINTO BV1.017.44 OVERPAr
eeteRfit
tg.~
-18 a47ooao0 .99 /Otr@119-0013 GOLDEN TRIANGLE J/V SAN JACINTO BY 107.59 OVERPAY
61265300000 93106/217.0083 LAMARCHE. THOMAS TEASIEY K 72 L 37,59 OVERPAY
08693800000 93106/28-0057 PLATT, SANDRA O WESTON CR 37.39 OVERPAY
07632200000 93/06/i9-0059 DIA2, VICTOR M N BRADSHAW ST 37.39 OVERPAY
I{ 10276100000 93/06/29-,1061 HARLINE ROY D AUDRA LN 37.39 OVERPAY
16489600000 93/06/28-0063 STEWART: WILLIAM K OAK FORREST CR 37.39 OVERPAY
02564600000 93106/29-0005 MCGUIRE, MARY E BOYD ST 37.39 OVERPAY
03183900000 93/06/29-0057 HILLIARD, HUBERT L WHITE OAK 51 160.79 OVERPAY
02380600000 93/06129.0069 PERCHEZ, ROSE MARY PAISLEY ST C4. 96 OVERPAY
13241000000 93106/29-007: GARVIN, CALVIN T CARRIAGE HILL 37.39 OVERPAY
132411400000 83/06/29-0074 GROVE, PAUL A CARRIAGE HILL 37.39 OVERPAY
02029400000 93/06/29-0076 SELLERS, WILLIE SCOTT DR 37.39 OVERPAY
03640800000 93/06130-0024 LSSWY ADDITION J/V W HICKORY ST 1.35 OVERPAY
TOTAL OF OVERPAYMENTS 31.853.38
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CITY COUNCIL REPORT FORMAT Apendalle a'
T0: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Approval of a tax refund to Golden Triangle J/V
RECOMMENDATION:
The ax Department has received a supplement from the Appraisal District
for 1992 making a correction to the appraised value based on a protest by
Golden Triangle J/V reducing the tax they owed in 7.092. Bolden Triangle
J/V is due a refund which the Tax Technician recommends.
SUMMARY :
L Etptn r 31.11 of the Texas Property Tax Code requires the approval of
the governing body of the taxing unit for refunds in excess of .14 500.00.
Golden Triangle J/V is due a refund of S 990.27 on City Account #033129
due to a reduced appraised value in 1992.
BACKGROUND:
Golden Triangle J/V paid their 1992 tax in full on Jar•uary 26, 1993.
A supplement causing a reduction in appraised value reduced the taxes
due for 1992. This reduction in taxes warrants a refund of S 999.27
due to Golden Trian le J/V.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
The Tax Department and the tax account of Golden Triangle J/V.
FISCAL IMPACT:
A
$ 999.27
RESPECTFULLY SUBMITTED:
Lloyd V. Harrell
City !tanager
Prepared by:
^ame Vic Schneider
Title Tax Technician
Approved:
a ee Ha
pl~K Jefferson
Title T surer
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CITY OF DENTUN (COID) 1892 PAINT 03/22/.$4 02:23pa
O'ANER NAMEMJD 'p$53
PTO8094 (274
SANWA BVSI CREDIT CORFORAT PERSONAL P TY - LEASED PERSONAL f ,379 j 47,296
1 5 WACKE EOVIPMENT ATION: 2201 135E 5,
CHICAGO, 60606-4614 DENTUN C05 ASSESSED ,46,379 47, -877
SITl/8: I3SE 5 ECEIPT TAXABLE 46.3T9 47, -877
Tom, • 1822 TAX AMT '1333.00 f -6.30
EN S: 001, S05, C05, E05
14 9JCi~j,
r1DNS: v..~.
P CODE: C - CHANCE
OUBLED ASSESSED ON P90098
_
R33129 (13291[) _
GULDEN TRIANGLE J/V A1256A J.S. TAFT, TRACT 7 6 S. LAND NHS f 556,696 693,870
3102 MAPLE AVE STE 500 ACRES 3.155, OLD OCAD TR 1At2)
E DALLAS, TX 75201-1262 SI i'US: Cd_ORADO BLVD C05 ASSESSED f 556,696 695,870 -139,174
RECEIPT TAXABLE f 556,696 695,870 139,174
ENTITIES, 901, S03, COS, E05 M 7085 TAX AMT f 3997. OB 4996.35 -999.27
EXEMPTIONS: ~,J)i'✓cici,
l SUPP CODE: C - CHANCE
COURT ORDERED JUDGEMENT
-----k'_------------
R16194B 11)
11
GOLDEN LE J/V l A1694A R. KING, TRACT 4, ACRES LAND NHS f ,82840L 265
3102 AVE STE 500 1.97
DALL X 75201-1262 SITUS: ADO BLVD COS ASSESSED f 25,828 '407,285 -81.
ECEIPT TAXABLE 25,828 407,285 -81
+ ENT! 001. 805. COS, E05 0 7465 TAX AMT 339.45 2924. 31-5
E IONS:
CODE: C - CHANCE
T ORDERED JUDGEMENT 1A i
R34420 (132911)
GOLDEN TRIANGLE J/V A1694A R. H. HOPKINS, TRACT CRES E
3102 MAPLE AVE STE 300 531, OLD DCAO TR 19 4~'~ '708, i
DALLAS. TX 75201-1262 SITUB: 2210 SAN JACINTO B COS SED f 6,820 708 ~E141:705
RECEIPT ABLE ♦ 820 70 1705
ENTITIES: 001. SOS, CO S N 7463 X AMT $ 9.77 c~ 1 7.44
EXEMPTIONS:
SUPP CODE: C - CHIV
COURT ORDERED JUDO ✓ ( {
1 ,
j Rib1947 (132911)
GOLDEN TRIANOL A1694A R.H. HOP , TRACT 8, ACRES
3102 MAPLE A 500 0 344 LAND NHS f 59,940 74,9
\
DALLAS, TX -1262 S.ITUS: BAN J 0 BLVD C05 ASSESSED f I5% 940 74,9 S 14,985
IPT TAXABLE f 59.94 74.9 5 14,995
{ ENTITIES: SOS, COS, EOS 7468 TAX AMT f 1430. 337. 6 107.59
EXEMPT[
. SVPP CO -CHANGE Y
k,' COURT 0 ED JUDGEMENT /.-o
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REPORT FIOR05OW 03130/94 AT 20:03 O V E R P A Y M E N I S PAGE'.
ACCOUNT NO. RECEIPT NO. NAME ADDRESS AMOUNT STATUS OF PAYN
10421200000 93l06124-0035 PEPPER, KAREN C PARNSIOE DR 604.12 OVERPAY
03361600000 93/06/25.0007 LANDRV, HARRAL E OAKLAND ST 144,40 OVERPAY
14647600000 93/06/26-0020 ALLEN, WAYNE 8 LISA ALLEN E WINDSOR ST 66.21 OVERPAY
14846700000 93/06/26.0021 ALLEN, WAYNE 6 LISA ALLEN E WINDSOR ST 69.21 OVERPA I'
02281600000 93/08/26-0072 DABOUB, MAR10 A KINGS RW 463.44 OVERPAY
_CARINA ~UICTUCes f^OR nrt rnn epgArrnu 6 j, 38i i,.40 OV ,,~.~~,y'q I
03312900000 93/06/29-0005 GOLDEN TRIANGLE J/V COLORADO 8V 999.27 OVERPAY
16194800000 93/06/29'0009 GOLDEN TRIANGLE J/V COLORADO 8V X584.86 OVERPAY
16194700000 93/06/29-0012 GOLDEN TRIANGLE J/V SAN JACINTO BV 107.59 OVERPAY
61285300000 93/08/29-0053 LAMARCHE, THOMAS TEASLEY N 72 L 37.39 OVERPAY
08633500000 93/06/29-0057 PLATT, SANDRA G WESTON OR 37.39 OVERPAY
07632200000 93/06/29-0059 DIAZ, VICTOR M N BRADSHAW ST 37.39 OVERPAY
10276100000 93/06/29-0061 HARLINE, ROY D AUDRA IN 37.39 OVERPAY
16489600000 93/06/29-0063 STEWART, WILLIAM K OAK FORREST CR 37.39 OVERPAY
02564600000 93/06129-0055 MCGUIRE, MARV E BOYD ST 37,39 OVERPAY
03183900000 93106129-0067 HILLIARD, AUSERT L WHITE OAK S1 160~7P OVERPAY
02380600000 93/06/28-0069 PERCHEL. ROSE MARV PAISLEY ST 64.96 OVERPAY
13244800000 93106129.0071 GARVIN, CALVIN T CARRIAGE HILL 37.39 OVERPAY
13245400000 93/08/29-0074 GROVE, PAUL A CARRIAGE HILL 37.39 OVERPAY
02029400000 93106/19.0076 SELLERS, WILLIE SCOTT OR 37.39 OVERPAY
03540600000 93106/30-0024 LSSWY ADDITION J/V W HICKORY ST 1.35 OVERPAY
TOTAL OF OVERPAYMENTS
3},857.78
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CITY CJUNCIL REPORT FORMAT Agendalte C3
TO: Mayor and Members of the City CounclPie _
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Approval of a tax refund to Golden Triangle J/V
r
RECOMMENDATION:
The Tax Department has received a sunplement from the Appraisal District
for 1992 making a correction to the appraised value based on a protest by
Golden Triangle J/V reducing the tax they owed in 1992. Golden Triangle
J/V is due a refund which the Tax Technician recommends.
SUMMARY:
CC apt`er 31.11 of the Texas Property Tax Code requires the approval of
the governing body of the taxing unit for re.unds in excess of S 500.00.
Golden Triangle J/V is due a refund of S 584.86 on City Account #161A48
due to a reduced appraised value in 1992.
BACKGROUND:
Golden Triangle J/V paid their 1992 tax in full on Januery 26, 1993.
A supplement causing a reduction in appraised valur, reduced the taxes
due for 1992. This reduction in taxes warrants a r-,fund of S 584.86
due to Golden Triangle J/V.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
The Tax Department and this tax account of Golden Triangle J/V.
FISCAL 111PACT,
$ 584.86
e
! RESPECTFULLY SUBMITTED:
I`
loy tarre 1
tr, City Manager
Prepared by:
f/
ame Vic Schneider
Title Tax Technician
Approved:
a arl~ erson
Title Tre rer
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CITY NTON IL091 492 PP.~1NT,ED: 031R;,(94 02:23 pm i.
ow I IAE AND ADUR( SS a,r.
-
' ERSONAL f ~.46, 379 .206
908094 I2 39 1
aANWA B 1N 85 CREDIT C AT PERSONAL PROPERTY - SED
1 B M R IpR r EQUIPMENT LOCAT[0 203 13~E Sr
CHttA t h06-46 DFN TON A55E58£D i ~46r 379 47. 296 li -877
'I RECEIPT TAXABLE i 46,379 47.276 -877
SITUS: 2201 13 • 182 TAX AMT i 1,33J.C0 339.30 -6.30
DENTON, 1
n rii ENTITIES GO 9, COS, E03
M EXEMPTIONS:
- SUP- CODE: CHANCE
4 DOUBLED -BED ON -900989 -
R33129 [ 11 LAND NHS f 6.696 .697,870
GOLDEN T E J/V A1296 TAFT, TF.ACT 7 to 8.
i 3102 AVE STE COO ACRE 95, OLD DCAD TR IA(21 C09 ASSESSED 536,696 1'690,970 139.174
pALLA X 77201-1262 S1 OLOI7AD0 8L~'D RECEIPT TAXABLE 656,696 '690,87 -139,174
E IES: GOI, SOS, COS, E05 • 7089 TAX AM 3997.08 4996, -999.27
T[ONB: ~,)JY✓ti
PP CODE: C - CHANCE l/w
O--- ORDERED JUDGEMENT T
8161948 (132911) LAND Nlf9 t 32 S,B28 .407.285
GOLDEN TRIANGLE J/V I A1694A R.H. HOPKINS, TRACT 4, ACRES
3102 MAPLE AVE STE 900 3.87 COS ASSESSED It 323.828 407,287 91,407
DALLAS. TX 77201-1264 i SITUS: COLORADO DLVD RECEIPT T;-KABLE f r5, B28 ,407,280 81,407
ENTITIES: 901, 809- COB, E05 0 7469 TAX AMT f 339.40 2924.31 -084.86
j~v-fJ(~/t l k
EXEMPTIONS: I
1 GUPP CODE: C - CHANGE w
N COURT ORDERED JUDGEMENT---_7. ACRES LAND -NHS It 5---- -_'-_-----,I`-------
834<28 11329 - 1708,723
A
GOLDEN TRI J/V A1694A R. N. N9, TRACT
3102 MAPLE STE 000 3.2031, OLD TR 10 COS ASSE65ED i 566, 708-349 -14L 705
DALLAS- T 4201-1462 91TUS: 2210 JACINTO BLVD R PTI TAXABLE i SE6 708,023 -141,709
ENTITIES: 603. C00. 103 463 TAX AMT 6 10 17 0097.21 -1017.44
3
EXEMPTI .3
SUPP C C - CHANCE I ,
fy COURT EPED JUDGEMENT
'E-__-
_
947 1132911) 74-Y20
DEN TRIANGLE JIV Al R, H. HOPRINB, TRACT 8, ACRE LAND NHS ,09,940 '
02 MAPLE AVE 8TE 900 0 COS ASSES 59.944
99.940 74,920 .983
LAB, TX 70201-1262 BA11 JAC[NTO BLVD RECEIPT TAXAD f 79.940 74,929 480
TITIEB. 001, 800, COS. E09 • 7^468 TAX • ,430. 37 037. 96 107. 99
$ KEMP T I ONS: ''3a?'f ✓I II' I`
I` SUPP CODE: C - CHANGE '
I~E COURT ORDERED JUDGEMENT 1
-
PAGi
O V E R P A Y M E N 7 5
REPORT FIOR05DA 03190/94 AT 20:03 ADDRESS AMOUNT STATUS OF PAYA
ACCOUNT NO. RECEIPT NO. NAME PARKSIDE OR 604.12 OVERPAY
Y
10421200000 93/06!25'0035 PEPPER. KAREN C E WINDSOR $T 65.'kt OVERPAY }
03361800000 93!06/24.0007 LANDRY, HARRAL E E OAWKLIAND SNDSORT ST 14465..4210 OVOVEERRPAPAY
.
14647600000 93/06/25-0020 ALLEN, WAYNE d LISA ALLEN KINGS RW 463.84 OVERPAY 'j
14848700000 93!06/25-0021 ALLEN WMa R10AALISA ALLEN
5 I-SSE 6.29 OVERPAY y
02287800000 93/06129-0032 SANWA , COIORA 8V 999.27 OVERPAY
090809400000 93106! 29 -0007 A GOLDEWANBUSINESS CREDtT CORPORATION n
3312900000 93/06/23.0005 TRIANGLE J/V CO 9V 5$4:86 OVERPAY
---9Alr-VAVI -P
6194800000 93106129.0009 GOLDEN TRIANGLE J/V 7EASLEY M 72 L37.38 OVERPAY
j f.• WESTON DR 37,99 OVERPAY
51265300000 97408/2 PLATT, SANDiAMGS N BRADS HAW ST 37.39 OVERPAY
08633500000.93108/. 37.99 OVERPAY
07832200000 93106. J%- ,59 CIA2, VICTOR M OAK FCRRE ST CR 37.39 OVERPAY i
{ 10275100000 93106/29- SI HARARE. ROY D AUDRA BOYD S LtN 37.39 OVERPAY
16489600000 93/06/29-.)u33 StEWART, WILLIAM K WHITE OAK ST 160.79 OVERPAY
k 02564600000 9306/29-0066 MCGUIRE, MARY E PAISLEY ST 64.96 OVERPAY
37.39 OVERPAY
03183900000 93106!29'0067 HILLTARD. HUBERT L IAGE HILL
02380800000 93/08/29'000'1 PERCHE2. CALVIROSEN T CARR MARY CARRIAGE HILL 37 . 39 OVERPAY
! (3244800000 93/G6/29.00~1 GARViN. SCOTT DR 37.39 OVERPAY
13248400000 93!08/29.0074 GROVE PAUL A W HICKORY ST 1.35 OVERPAY
02029400000 93!06/29.0076 SELLERS WILLIE
03540800000 03103/30-0024 LSSWV AbDiTTON J/V 31.853.38
TOTAL OF OVERPAYMENTS
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ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVID-
ING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the purchase of necessary materials, equip-
ment, 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 bids are the
lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefore; 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:
SECTION I. That the numbered items in the following numbered
bids for materials, equipment, supplies, or services, shown in the
"Bid Proposals" attached hereto, are hereby accepted and approved
as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
1587 1,8, 10 DPC IND. EXHIBIT "A='
1587 219 FE3 INC. EXHIBIT "A"
1587 3 ADVANCED CHEMCIAL EXHIBIT "A"
1587 415,6 DELTA DIST. EXCiIBIT "A"
1587 7 CARUS INC. EXHIBIT "A"
1611 3,10,50-52 BUSINESS INTERIORS EXHIBIT "A"
1611 59 BUSINESS INTERIORS EXHIBIT "A"
1611 5,12,13, TEXAS FURNITURE SOURCE EXHIBIT "A"
1611 15-17,27-30 TEXAS FURNITURE SOURCE EXHIBIT "A"
1611 39-49,53-58 TEXAS FURNITURE SOURCE EXHIBIT "A"
1611 60,61 TEXAS FURNITURE SOURCE EXHIBIT "A"
1611 62-65 BT MILLER EXHIBIT "A"
1616 112,3 CUMMINS UTILITY PRODUCTS $54,187.00
{
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SECTION II. That by the acceptance and approval of the above
numbered items of the submitted bide, the City accapts the offer of
the persons submitting the bids for bu^h items and agrees to pur-
chase the materials, equipment, supplies or services in accordance
with the terms, specifications, standards, quantities and for the
specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
k SECTION III. That should the City and persons submitting
approved and accepted items and of the submitted bids wish to enter
into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute the
written contract which shall be attached hereto; provided that the
written contract is in accordance with the terms, conditions,
specificatJUns, standards, quantities and specified sums contained
in the Bid Proposal and related documents herein approved and
accepted.
SECTION IV. That by the acceptance and approval of the above
numbered items of the submitted bids, the City Council hereby
authorizes the expenditure of funds therefor in the amount and in
accordance with the approved bids or pursuant to a written contract
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 , 1994.
BOB CASTLEBERRY, MAYOR
ATTESTS
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORMS
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BYt
157. Wl
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a.,
BID i 1587 J?
WATER TREATMMT CH131ICALS
EXHIBIT "All
i
Item 1. Chlorine Liquid
Item 2. Sulfuric Acid DPC Ind. 438.70/tn
' Item 3. Hydroflurosilicic Acid FE3 Inc. 80.00/tn
Item 4. Tetrapotasaium Pyrophosphate Advanced Chemical .8022/gl
Item 5. Caustic Soda DDelta elta .809/lb
Item 8. Caustic Soda Rayon Delta 97.80/tn j
Item 7. Potassium Permanganate Carus Inc. 259.0011b
Item S. Anhydrous Ammonia l.2385/lb
Item 9. Ferric Sulfate DPC Ind. ,23/ib
Item 10. Sulfur Dioxide FE3 Inc. 98.00/tn
DPC Ind. 579.00/tn
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Bid # 1611 (p 1 of 2)
~l Y4"7
Name FURNITURE (DMC) EXHI
Date MARCH 29, 1994 _ u- r - 'Pis
Item QtV _ Description Unit Price Vendor
COMMON AREA
3 1 Tack Board 4x6' CLARIDGE $86.00 Business Interiors
5 1 Pro ection Screen/Marker Board CLARIDGE $764.64 Texas Furniture Source Inc
10 5 Table, 30x60" VERSTEEL $291.07 Business Interiors
LEGAMOURT/JUDGE
12 1 Desk, 30x66" MAGNA $600.90 Texas Furniture Source Inc
13 1 Credenz 21x66" MAGNA $594.10 Texas Furniture Source Inc
14 1 Executive Chair PLANTO $326.06 Contract Furniture Inc
15 1 Six Unit Work Station MAGNA $11 729.00 Texas Furniture Source Inc
16 2 Executive Desk MAGNA $780.90 Texas Furniture Source Inc
17 1 'U" Shaped Desk w/Hutch MAGNA $1,979.00 Texas Furniture Source Inc
19 2 Sled Based Side Chair STYLEX $205.69 Contract Furniture Inc
_ 20 2 tool w/Foot Rings STYLEX $194.66 Contract Furniture Inc
21 8 ask Chair STYLEX $161.20 Contract Furniture Inc
22 28 ile Tier w/Dividers FILLIP $35.92 Contract Furniture Inc
23 4 ile Base and Top FILUP $41.47 Contract Furniture Inc
24 2 able, 42" Round SHOTO $114.91 Contract Furniture Inc
25 2 able Base SHOTO $65.61 Contract Furniture Inc
26 8 tack Chair ALLSEATING $76.64 Contract Fum*rture Inc
27 1 U" Shaped Desk MAGNA $1,381.00 Texas Furniture Source Inc
28 1 U" Shaped Desk w/Hutch MAGNA _ $1,963.00 Texas Furniture Source Inc
29 1 )esk, 3066" MAGNA $649.00 Texas Furniture Source Inc
~J 30 1 redenza, 2146' MAGNA $571.20 Texas Furn'*rture Source Inc
31 2 hair LUX STEEL $558.85 Contract Furniture Inc
32 6 ask Chair STYLEX $239.61 Contract Furniture Inc
33 6 id-Back Chair STYLEX $283.68 Contract Furniture Inc
34 20 nference Chair STYLEX $249.10 Contract Furniture Inc
36, 2 uest Chair ARCADIA $369.63 Contract Furniture Inc
36 2 Lest Chair ARCADIA $369.63 Contract Furniture Inc
37 1 ference Table 48x9G SHOTO $383.60 Contract Furniture Inc
38 2 nference Table Base SHOTO _ $159.23 Contract Furniture Inc
39 1 Keyboard Tray MAGNA $125.00 Texas Furniture Source Inc
PO CE -
40 6 Desk 30x60" SUB.--THOMASVILLE) $187.60 Texas Furniture Source Inc
41 27 Executive Chair SUPERIOR CHAIRCRAFT $98.90 Texas Furniture Source Inc
42 2 Desk 30x80" Right Return HIGHPOINT _ $368.20 Texas Furniture Source Inc
43 1 Desk 30x60' Left Return HIGHPOINT _$368.20 Texas Furniture Source Inc
44 1 Folding Table, 24x60" BARRICKS ^$64.81 Texas Furniture Source Inc
i
t3id # 1811 _ -
(p 2 of 2)
Name FURNITURE (DMC) EXHIBIT •A'
Date MARCH 29 1994
Item Description Unit Price Vendor
45 12 Folai Table, 24x72" BARRICKS $67.72 Texas Furniture Source Inc
46 2 Folding Table 30x77 STYLERITE $51.50 Texas Furniture Source laic
47 88 Stackin Chair UNITED $27.10 Texas Furniture Source Inc
48 3 Bookcase HON 116.86 Texas Furniture Sauce Inc
49 22 Guest Arm Chair ,SUB.--HON $65.39 Texas Furniture Source Inc
50 1 Conference Table, 48x120" CHROMCRAFT $421.48 Business Interiors
51 1 r Conference Table Base CHROMCFV $297.28 Business Interiors
52 18 Com uter Workcenter O'SULUVAN $95.00 Business Interiors
HUMAN RESOURCES -
53 2 Bookcase SIRCO $129.60 Texas Furniture Source Inc
54 1 Corr uter Workstation SIRCO $109.60 Texas Furniture Sotroe Inc
55 1 Veutical Organizer SIRCO $104.90 Texas Furniture Source Inc
56 1 Com .cuter Workcenter SIRCO $143.80 Texas Furniture Sauce Inc
57 4 Table 48x30" SUB.--ASCO $108.10 Texas Furniture Source Inc
58 2 Storage Cabinet Tan --SANDUSKY) $139.60 Texas Furniture Socuroe Inc
59 1 Storage Cabinet Sand TENNSCO $153.00 Business Interiors
60 1 Desk 30x66" HON $287.12 Texas Furniture Source Inc
61 1 Desk Return, R' ht 24x45" HON $181.71 Texas Furniture Source Inc
62 1 Acoustical Panel 42hx3W BPI $131.70 BT Miller
63 1 Acoustical Panel 42hx60W BPI $148.00 BT Miller
134 1 Straight Countertop, 30wx12d' BPI _ $54.00 ST Miller
65 1 Corner Countertop, 30wx12d' BPI $116.00 BY Miller
Installation of Items 62-65 $30.00 BT Miller
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DATE: APRIL 19, 1994
CITY COUNCIL REPORT
TO, Mayor and Members of tho'City Council
7
FROM: Lloyd V. Harrell City Manager b a~
SUBJECT: BID 1 1587 - WATER TREATMENT CHEMICALS
RECOMMENDATION: We recommend ',his bid be awarded to the lowest bidder meeting
specification for each Item as listed:
Item 1. Chlorine Liquid DPC Ind. 438.70/tn
Item 2. Sulfuric Acid FE3 Inc. 60.00/tn
Item 3. Hydroflurosilicic Acid Advanced Chemical .8022/gl
Item 4. Tetrapotassium Pyrophosphate Delta .809/lb
Item 5. Caustic Soda Delta 97.80/tn
Item 6. Caustic Soda Rayon Delta 259.00/tn
Item 7. Potassium Permanganate Carus Inc. 1.2385/lb
Item 8. Anhydrous Ammonia DPC Ind. 23/lb
Item 9. Ferric Sulfate FE3 Inc. 98.00/tn
Item 10. Sulfur Dioxide DPC lnd. 579.00/tn
Estimated annual usage is approximately $356,000.00.
SUMMARY: This bid is for the annual contract to supply bulk water treatment
y chemicals lo the Water Production Plant, the Waste Water Plant and the Electric
Production Plant.
Material will be Puy -'•ased on an as needed basis.
BACKGROUND: • ,ation Sheet
PROGRAMS De^.PARTMENTS OR GROUPS AFFECTED: Water Production, Waste
Water Treatment and Electric Production.
FISCAL IMPACT: Funds for the purchase of these products will come from 1993-94
budget undo and 1994-95 budget funds as approved by Council and PUB.
Respectfully submitted:
Lloyd V. Harrell
City Manager
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
y Fr'T
1.i
1557
ID NAME WATER TREATMENT AMERICAN LCI DELTA FE 3 FE 3 ADVANCED HAACROS PENCCO
3 CHEMICALS INT'L LTD DISTR INC IN2 CHEMICAL CHEMICAL INC
.OPEN DATE MARCH 1, 1994 CHEMICAL.
I
I .00
1. 200 TNS UOUID CHLORINE NIB NIB NIB N/B NIB I NIB $47FIE N/B
C"'tTIFI8D
(I Tw CYLINDER)
2. 75 TNS SULFURIC ACID 88 DEGREE NIB NIB $772.00 TAN NON-00 H S70 .CERT. NAB NON-068ERTf NIS
BE TECHNICAL GRADE
(SHIPP" BY TAN&TRUCE)
3. 2,000 GA HYDROFLUORISIUCIC ACID NIB $1.01 GA $0.73 GA NIB NIB 60.8022 :0.80295 $0.869
0000-4500 0ALTR OLDS) NON-CERT. HON-CERT. CERTIFIED NON-CERT. NON-CERT.
80.9250 NI
4. 1,000 LBS TETRAPOTASSIUM NIB NIB $0.809 LB NIB NIB NON-C8 AT. CERTIFIED
q PYROPHOSPHATE 95% P04 CERTIFIED
(LOS)
5. 600 DRY UOUID CAUSTIC SODA NIS NIB 697.80 TH NIB Nog $107.00 $114.91 NIB
TONS 6Q?6 AOB(38.76%) CERTIFIED CERTIFIED CERTIFIED
DRY (TOM)
8. 2,500 DRY UOUID CAUSTIC SODA NIB NIB $259.00 TN N/B NIB $290.00 TM $0.1428y N!6
LBS RAYON GRADS, CERTIFIED CERTIFIED CERTIFIED
6o% NA'jH (96.75%)
DRY BASIS
(LBO)
7. 0,000 LOS POTASSIUM PERMANGANATE $1.33 LB NIB $1.338 LB NIB NIB NIB $1.60 1 B NIB
TECH GRADt FREE CERTIFIED CERTIFIED
FLOWING (98%) KMN04
1550 CANISTERS)
8. 2.000 LBS ANHYDROUS AMMONIA NIS NIB NIB NIB NIB NIB NIB
L rj -
PREMIUM GRADE (AMMONIA) r,
sommia 99.999%, OIL 2 PPIA, f .C 2 ttw_ 1
WATER 33 PPM 1
N!8 j
9. 764 WET 0% SOLUTION UOUID FERRIC NB NIB NIS $98,00 TN NIB NIB
TONS SULFATE cERTtflea A I
(roms) I f1
' 0.100 TONS SULFUR DIOXIDE NIB NIB NIB NIB NIB N/B 5585.00 TN
(I TON CYLINDER)
DELIVERY 7 DAYS 6-7 DAYS 1-3 DAYS 1 DAY I DAY 3 DAYS 3-6 DAYS 6- D YS
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ID NAME WATER TREATMENT BBB MIDLAND RHONE CARUf1 DPC AMMONIA
CHEMICALS FERTILIZER ESOURCES POULENC CHEMICAL I SERVICES
PEN DATE MARCH 1, 1994 CID I
1. 200 TNS LIQUID CHLORINE NJB NJB NIB NIB $4.08.70 TN NIB
(I TH CYLINDER) CERTIFIED
2. 75 TNS bULFURIC ACID 86 DEGREE NIB NIB $62.43 TN NIB $83.00 TN NIB
BE TECHNICAL GRADE NON-CERT. CERTIFIED
(SHITTED BY T"K TRUCK) f
3. 2,000 GA HYDROFLUORISILICIC ACID NIS NIB NIB NIB $1.035 GA NIB
(1000- •Sw O AL TRKLDS) CERTIFIED
I
4. 1,000 LBS RA ~~5% P34 NIB NIB NIB NIB $0.85 LB NIB
~ P
Nox-CERT.
! (LDS)
6. 600 DRY UOUID CAUSTIC SODA NIB NIB NIB NIB $169.00 TN NIB
TONS 60% NAOH (38.75%) CERTIFIED
DRY OASIS
(TON)
8. 2,500 DRY LIOUID CAUSTIC SODA NIB NIB NIB NIB $0.23 LB N/B
LBS RAYON GRAPE, NON-CrRT.
50% NAOH (38.78%)
DRY BASIS
(LDS)
7. 10,000 LBS POTASSIUM PERMANGANATE NIB NIB NIB 1.2385 LB $1.3615 LB NIB
TECH GRADE FREE CERTIFIED I CERTIFIED
FLOWING (95%) KMN04
(550 CAMVMRS)
8. 2,000 LBO ANHYDROUS AMMONIA $0198 LB NIB NIS NIB I $0.23 LS $0.16 LB v r"
ca
CERTIFIED HON CERT
PREMIUM GRADE (AMMONIA) CERTIFIED
Rnmanis) 99.995%, OIL 2 PPM. OMM 011.46DE ~z
I WATER 33 PPM ?
N/B NIB A^ F. o
9. 784 W SOLUTION LJ E ID FERRIC NIB N/B NIB NIB TONS SULFAT
t (1fDNS)
10.100 TONS SULFUR DIOXIDE NIB NIB NIB NIS $S79.00 TN NIB
I: TCIi CYLINDER)
DELIVERY 2 DAYS 12 DAY 6 DAYS 2•-3 DAYS 1 DAY
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DATE: 04-19-94 ''~'0-
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM, Lloyd V. Harrell, City Manager
SUBJECT: Bid 1611--Furniture (DMC)
RECOMMENDATION: Council approve award of bid 1611 to the low bidders
meeting specifications. The total award equals $53,852.98
and items will be awarded to vendors and at the unit prices
as shown on Exhibit A.
SUMMARY: This bid is for a portion of the furniture needs for the relocation of the
following offices to Denton Municipal Center (DMC): Legal, Court,
Judge, Police and Human Resources. Contract Furniture's unit prices
on Fxhibit A are the net prices based on their group pricing for Items
14, 18-26, and 32-38. Items 1, 2, 4, 6-9, 11 and 18 are not being
recommended for award. These items were deleted from the project,
replaced by another item on the bid or are being quoted with a different
item entirely to keep the purchases within budget. Twenty-six vendors
were solicited for bids and sevon vendors responded (three of those
responses were no bids).
BACKGROUND: Tabulation Sheet & Exhibit A
PROGRAMS, DEPARTUMTS OR GROUPS AFFECTED: Legal, Court, Judge,
Police and Human
V Resources Departments
V FISCAL IMPACT: Funding Is available within budget for accounts:
450-032-DMCI-9333-9101 Common Area $ 71388.35
450-032-DMCI-9337-9101 Legal $ 10521.06
450.032-DMCI-9338-9101 Court $ 80618.00
100-040-0026-9102 Court $ 10,472.59
450-032-DMCI-9330-9101 Judge $ 974.16
450-032-DMCI-9332-9101 Judge $ 91984.72
450-032-DMCI-9338-9101 Police $ 12,483.67
450-032-DMCI-9339-9101 Human Resources 2 430.43
$ 53,852.98
` Respectfully submitted:
Lloyd V . Harrell
City Manager
t
Council Report 4119194
Bid 1611--Furniture (DMC) v
Page 2
Prepared By:
Q
Name: Me a A. Harden
Title: Buyer
A proved:
Name: Tom Shaw
Title: Purchasing Agent
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Bid # 1611 (p 1 of 3) Business BT Miller Texas ntract
Nerve FURNITURE (DMC) Interiors Furniture Furniture
Date MARCH 29.1994 --Source Inc no
-7777,1 !r'
item Description
COMMON AREA
1 6 S' Bench SMITH & HAWKINS $2 273.00 NB _ NB NB
2 8 rash Reoe tale, 10diax24h" PETER PEPPER $167.00 $27267 - NB NB
3 1 Tack Board, 4x6' CLARIDGE $86.00 $126.00 NB NB
HON
arms +$37.71
4 28 id-Back Desk Chair STEELCASE $339.02 NB $21529 N/B b 2 r ectbn Screen/Marker Board CLARIDGE $876.30 $999.00 $764.64 NB
6 3 Break Room Table, 24x60' VERSTEEL $215.83 _NB NB N/B
UNITED
7 16 lack Chair STEELCASE $61.63 _ NB $66.78 NB
8 4 gash Container, 31 1. PETER PEPPER $663.00 $717.00 NB NB
i 9 1 SW w HARDWOOD HOUSE NB $4,505.45 NB NB
10 8 able, 30x60' VERSTEEL $291.07 NB NB NB
11 .1 edema NEVERS $1.090.00 $1,386.00 NB NB
t _GOURT/JU t3E AIlONAL
12 1 Desk 3~' MAGNA $629.70 NB $600.90 $865.03
NATIONAL
,
13 1 edenza 21 x66' MAGNA $626.77 NB $594.10 $634.68 ?
14 1 Executive Chair PLANTO _ NB $337.00 $371.60 $340.00
t Work Station MAGNA _ NB NB $11.729.00 12,981.43 I
. .tom S
16 1 ix Unit
T1ONAL
16 2 Executive Desk MAGNA $965.00 NB $780.90 $866.16 Iz
NATIONAL °
17 1 ' Shape d Desk w/Hutch MAGNA $11182.00 NB $1,979.00 $2196,92 O
18 1 'i hr~Back Chair STYLEX NB $388.09 $383.10 $369.45
H
19 2 'kid Based Side Chair S7YLEX NB $219.00 $218.25 $214.49 - r
Sir
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Bid # 1811 (p2 of 3) Business BT Miller Texas Contract
Name FURNITURE (DMC) Interiors Furniture Furniture
Date MARCH 29, 1994 _ Source Inc Inc
item Descrieon
LEGAUCOURT/ URGE
_ 20 2 tool w/Foot Rings STYLEX NB $207.00 $201.20 $2x299 ,
21 8 ask Chair STYLEX NB $17200 $167.05 $168.10
22 28 File Tier w/Dividers FILLIP N/B NB $31.30 $37.46
23 4 ile Besse and To FILLIP NB NB $37.40 $43.25
24 2 ab;e 42" Round SHOTO NB NB $103.10 $119.83
25 2 able Base SHOTO NB NB $51.20 $68.42
28 8 tack Chair ALLSEATING NB NB $91.10 $79.92
NATIONAL
27 1 ' S Desk MAGNA $1.182.00 NB $1,381.00 $1,531.87
NATIONAL f
28 1 I.J" Sheivd Desk w/Hutch MAGNA $1 880.00 _ NB $1,983.00 $2196.92 f
NATIONAL
29 1 8 30x66` MAGNA $601.00 NB $649.00 $719.77
NATIONAL
30 1 edema 21x66' MAGNA $512.00 NB $571.20 $634.08
31, 1 alr LUX STEEL NB NB $601.60 $668,65
32 1 ask Chair STYLEX NB NB $261.00 $249.88
33 1 id-Back Chair STYLEX NB NB $297.00 $295.81
[ 34 8 nierence Chair STYLEX NB NB $23260 $259.75
NATIONAL
35 2 t Chair ARCADIA $198.00 NB $329.00 $385.44
NATIONAL t °
38 2 uset Chair ARCADIA $198.00 NB $329.00 $385.44 i
37 1 Merence Table 48x96` SHOTu NB NB $399.60 $400.00 %
38 2 nlerence Table Base SHOTO NIB. NB $417.60 $188.04
39 1 liesyboard Tr MAGNA NB NB $126.00 $160.91
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Business BT Miller Texas Contract
Bid rr 1811 (p 3 of 3)
Name FURNITURE (DMC) Interiors Furniture Furniture
Date MARCH 29 1994 Source Inc Inc
item (:)ty Description
POLICE OMASVIL
4o 8 Des 30x80" HON $261.00 $286.00$187.60 NB
41 17 ExeoLdive Chair SUPERIOR CHAIRCRAFT $130.00 $111.00 $98.90 NB
42 2 Desk 3040' Ri ht Return HIGHPOINT _ NIB N/B .20 /
43 1 Desk 30:.F'i0" Left Return HIGHPOINT N/8 N/B $368.20 NB
44 1 Folds Table 24x60' BARRICKS $78.00 $92.00 $64.61 NB
45 12 otdin Table 24x72" BARRICKS $79.38 $94.00 7.72 N/B
48 2 n Table, 30x7r STYLERITE NB .00 1.50 N/ri
47 as tacks r UNITED 1.00 .05 7.10 Nll?f
48 2 Bookcase HON $128.00 140.00 116.86 NB
49 22 nest Arm Chair STYLERITE NB 101.00 HON 39 NB
60 1 nference Table To 48x120" CHROMCRAFr 21.48 19.00 7.20 NB
61 1 renoe Table Be" CHROMCRAFT $297.28 77.00 $292.60 N/B
52 18 or Workoenter O'SUt1NAN $95.00 $118.00 101.60 N/B
63 2 Bookcase SIRCO _ $139.68 $177.00 $129.60 NB
64 1 Workstation SIRCO 127.39 171.00 109.80 NB
55 1 erww Organizer SIRCO $118.85 148.00 104.90 NB
66 1 or Workcenter SIRCO NB $183.00 143.80 NB
6711 4 able 48x30" HON $128.00 NB 00$106.10 NB
SANDUSKY
68 2 tore Cabinet, Tan TENNSCO $178.00 $220.00 $139.60 N/B
59 1 fora Cabins Sand TEN NSCO 163.00 $204.00 ON 164.42 NB
60 1 k, 30x86" HON $289.00 .00 287.12 NB u
81 1 Desk Return, Right 24x46' HON 183.00 10.00 181.71 N;'B Meg ~ lQefn ;
~J 62 1 ustk al Panel 42tnf36vV' BPI NB 131.70 263.28 NB 12,1 ,1$.
Panel 421140ve BPI NB $148.00 $284.00 NB 17,27
83 1 boa]
64 1 troll ht Counts 30wx12d" BPI NB $64.00 9.80 NB 14
~
65 1 nor Counte_po .330wx12cV BPl NIB 116.00 119.60 NB Oft it
DELIVERY: 8 Wks 30-90 days 30-60 days 45 days #14, 8 Zs
No Bids/AII Items: Item 1= nstell 62-86 Magna Items See Group 3 - 9
BKM Goldsmith's Inc, & GL Seaman Prepay Add $30 Al or Now Prices •
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DATE: APRIL 19, 1994
CITY COUNCIL REPORT
o~.
TO: Mayor and Members of the'City Council s'1i
FROM: Lloyd V. Harrell, City Manager a y 1 9
'7 Q
SUBJECT: BID /1616 - PADMOUNTED SWITCHGEAR
RECOMMENDATION: We re^aw..nend this bid be awarded to the low bidder, Cummins
Utility Products, at the unit prices listed below:
ITEM 1 PME 9 Switchgear 3 each $8,870.00
ITEM 2 PME 10 Switchgear 1 each $80839.00
ITEM 3 PME 11 Switchgear 2 each $99369.00
SUMMARY: This bid is for the purchase of padmounted switchgear to be placed in
the Warehouse Inventory which will be used by the Electric Distribution Department
In their system. The initial purchase is for a total of six switches to be purchased
at this Limo, with the prices bold firm for one year to enable the City of Denton to
purchase additional quantities as they are needed.
Three (3) proposals were received in response to four bid packages mailed to
vendors.
BACKGROUND: Tabulation Sheet.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Warehouse Working Capital,
Elect o D st bu on Division, Electric Utility Customers.
i
FISCAL IMPACT: Budgeted Funds for 1994 Warehouse Working Capital Account
710-043-0582-8708 with a balance of 5354,281.01.
Respectfully submitted:
Lloyd V. Harre 1
City Manager
Prepared By:
1 "I
!lame: Denise Harpool
Title: Senior Buyer
Ap roved:
c
Name: Tom D.Shaw,C.P.M.
Title: Purchasing Agent
4814="
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ID NAME PADMOUNTED SWITCHOEAR TEMPLE CUMMINS PRIESTER PRIESTER
(ALTERNATE)
PEN DATE APRIL 6, 1994
an ,1j~ 1
~ i
1. 3 EA PADMOUNTBD SWITCHOEAR $8,924.49 $8,870.00 $8,921.00 $9,933.00
PME9
2. 1 EA PADMOUNTED SWITCHOBAR $8,891.84 $8,839.00 581888.00 $12,300.00
P MB10
3. 2 EA PADMOUNTEDSWITCHOEAR $9.428.67 $9,369.00 $9;425.00 $11,298.00
PMBI1
DELIVERY 16-18 WKS 1-105 DAYS 16-18 WKS 10-12 WKS
3
THESE PRICES MAY BE HELD k
FIRM FOR ONE YEAR FROM
DATE OF AWARD
YES OR NO YES YES YES NO
MINIMUM MINIMUM SHALT.
3 PER ORDER 3 PER ORDER BETT ER
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CITY=
COUNCI
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ORDINANCE NO.
AN
ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS) PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR) AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated com-
petitive bids for the construction of public works or improvements
in accordance with the procedures of state law and City ordinances)
and
WHEREAS, the City Manager or a designated employee has receiv-
ed and recommended that the herein described bids are the lowest
responsible bids for the construction of the public works or im-
provements described in the bid invitation, bid proposals and plans
and specifications therein) NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs
SECTION I. That the following competitive bids for the con-
struction of public works or improvements, as described in the "Bid
Invitations", "Bid Proposals" or plans and specifications on file
in the Office of the City's Purchasing Agent filed according to the
bid number assigned hereto, are hereby accepted and approved as be-
ing the lowest responsible bids:
BID NUMBER CONTRACTOR AMOUNT
1577 JAGOE PUBLIC COMPANY $27,845.00
1606 BARCO CONSTRUCTION $65,614.00
SECTION II. That the acceptance and approval of the above
competitive bids shall not constitute a contract between the City
and the person submitting the bid for construction of such public
works or improvements herein accepted and approved, until such
person shall comply with all requirements specified in the Notice
to Bidders including the timely execution of a written contract and
furnishing of performance and payment bonds, and insurance
certificate after notification of the award of the bid.
SECTION III. That the City Manager is hereby authorized to
execute all necessary written contracts for the performance of the
construction of the public works or improvements in accordance with
the bids accepted and approved herein, provided that such contracts
are mL:e in accordance with the Notice to Bidders and Bid Propos-
ale, and documents relating thereto specifying the terms, condi-
tions, plans and specifications, standards, quantities and speci-
fied sums contained therein.
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SECTION IV. That upon accoptance and approval of the above
competitive bids and the execution of contracts for the public
works and improvements as authorized herein, the City Council here-
by authorizes the expenditure of funds in the manner and in the
amount as specified in such approved bids and authorized contracts
executed pursuant thereto.
SECTION V. That this ordinance shall become effective im-
mediately its passage and approval.
PASSED AND APPROVED this the day of 11994.
BOB CASTLEBERRY, MAYOR
ATTESTS
JENNIFER WALTERS, CITY SECRETARY
BYE
APPROVED AS TO LEGAL FORMS
DEBRA A. DRAYOVITCH, CITY ATTORNEY
I
BY:
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f.:
J
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1 1• .
DATE: APRIL 190 1994
CITY COUNCIL REPORT I
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
'r_ =r r
SUBJECT: BID #1577 - AIRPORT PARKING LOT
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Jagoe
Pubs Co. In the amount of $270813.00.
SUMMARY, This bid is for the replacement of the parking lot near the terminal
building at the Municipal Airport. The project consist of all materials and labor to
repave approximately 2,050 square feet of parking area.
The least expensive option was alternate number I (parking lot repaving leaving
center island in place) at $30,019. The City of Denton and Jagoe Public have agreed
upon a contract revision to bring the project in line with the budget funds,
$27,845.00.
BACKGROUND: Tabulation Sheet, Memorandum from David Salmon, Senior Civil
Engineer.
PROGRAMS, DEPARTMENTS OR GROUPS _AFFECTED: Airport Operations.
FISCAL IMPACT: Funds for this project were approved in the 1991 Certificate of
Obligation sale of Facility Rehabilitation, $27,8745.00 was set aside for Airport
Facility Improvements.
Respectfully submitted:
Lloyd V. Harrell
City Manager
Approved t
ame: Tom D. Shaw,C.P. .
Title: Purchasing Agent
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BID NAME AIRPORT PARKING LOT APAC DBR JAGOE
TEXAS CONSTR PUBLIC
OPEN DATE FEBRUARY 3! 1994
1
11L~QUANTITY DESCRIPTION VENDOR' VENDOR. VENDOR
1. BASE BID $49!088.50 $37,593.00 $32,699.00
2. ALTERNATE #1 $49!668.50 $36,298.00 $30,019.00
3. ALTERNATE #2 $72,624.76 $69,639.40 $58,327.00
BID BOND YES YES YES
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CITY Of DENTON, TEXAS MUNI :IPAL BUILDING / 215 E. MCKINNEY / DENT0N, TEXAS 76201
MEMORANDUM
DATE: February 21, 1994
TO., Tozl Shaw, Purchasing Agent
FROM: David salmon, Senior Civil Engineer
SUBJECT: Airport Parking Lot
Bids were received on the Airport Parking Lot on February 3rd,
1994. Jagoe Public was the low bidder on the base bid as well as
the two alternates, we have checked the bids and all are correct.
Jagoe Public's bid prices are reasonable compared to other recent
bids. Also, Jagoe Public constructed the Civia Center and Civic
} Center Pool Parking lots this past summer and provided a high
quality of construction. The Engineering And Transportation
Department recommends Jagoe. Public be awarded the bid.
E
} Please contact Bruce Hennington concerning which alternate they
.J wish to fund and when they want the bid to go to City Council.
David .Sa mon, P. E.
AEE00317
a 8171568.9200 D/F'W METRO 434.2629
411,
DATE: APRIL 19, 1994
CITY COUNCIL REPORT ? S 7(~
TO: Mayor and Members of the 'City Council
FROM: Lloyd V. Harrell, City Manager 6a>%
SUBJECT: BID # 1606 - UNDERGROUND ELECTRIC DISTRIBUTION
CONSTRUCTION (DEERWOOD ADDITION)
RECOMMENDATION: We r4commend this bid be awarded to the low bidder, Barco
Construction,in the total amount of $659614.00.
SUMMARY: This bid is for all materials, equipment and labor necessa:.•y in the
construction of the underground electrical power distribution for the Doerwood
Addition.
Six bid proposals were received In response to forty-two notice to bidders mailed to
contractors.
BACKGROUND: Tabulation Sheet, Memorandum from Festus Okolie dated 4-8-94,
P.U.B. Meeting dated 4-18-94 back-up.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution
Department, Electric Utility Customera.
FISCAL IMPACT: Budgeted Funds for 1994 Electric Distribution Maintenance
Account 610-103-1031-5880-8101-000141A with a balance of $3,521,250.53.
I
E Respectfully submitted:
Lloyd V. Harrell
City Manager
Prepared By:
Name: Denise Harpool
Title: Senior Buyer
Approved:
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Name: Tom D. Shaw,C.P.M.
Title: Purchasing Agent
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BID NAME UNDERGROUND ELECTRIC CIMA LOA E.L. TRI-STATE BARCO
DISTRIBUTION CONST. SERVICES ENGINN,ERINO DALTON dk ELECT. CONST
OPEN DATE MARCH 24, 1994 CO INC.
TOTAL BID PRICE $68,416.00 $80,185.82 $74,929.50 $79,734.00 W5,613.93
VOND YES VES YES YES YES
BID # 1606 AUSTIN
BID NAME UNDDERGROUND
ION CONST. IC BRIDGE R
OPEN DATE MARCH 24, 1994 ROAD I
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TOTAL. BID PRICE $125,232.80 I
BOND YES
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M-. Tan Shaw, Purchasing Agent
RM, Festus okolie, ergirrderin9 Associate
DATE: April 8, 1994
UMW= AC MON UREFAXCM ELB=C COWR LVION
DID i 1606.
The Electric Utility Staff reoammds the award of the contract for the
construction of the underground electric power distribution system for neerwood.
Addition to the low bidder, Barco Constructiont for
' 'ihe evaluation s:as basted on the low bid and ooupltanoe to the City of Persston
specifications (Seems for Apri Bit 1) Also t t for your file, is a meting.
copy of the P.U.B.
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cc: Jim Harder, Director of Electric Utilities
Joe (fierri, Electric Engineer{ .n9 Administrator
Wph Klin)w, guperintendent of Electric Distribution
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EXHIBIT I
DEERWOOD ADDITION UNDERGROUND ELECTRIC CONSTRUCTION
BID EVALUATION - BID # 1606
BID PRICE
VENDOR MATERIAL; EQUIPMENT TOTAL
t i PLUS LABOR i
CITY OFDENTON ESTIMATE $31,500.00 $1101500.00 $42,000.001
BARCO CONSTRUCTIIN $47,844.00 1117,770.00 5,614.00
CiMA6EaVICE5 $49,118.001 $19,298.00 $0,416.001
E.L OALTON CO 47, .930.101 N/A $74,930.001
TRI -STATE ELECTRIC CO. $79,734.00 NIA $79,734.00
I
LGA ENGINEERING & CON ST $66,789.00 $13,397.00 $80,166.00
AUSTIN 6 BRIDGE $125,233.001 N/A $125,233,00
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DATE: APRIL 18~ 994
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PUBLIC UTILITIES BOARD AGENDA 100
TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD
FROM. R. E. Nelson, Executive Director of Utilities
SUBJECT: CONSIDER APPROVAL OF CONTRACT TO BARCO CONSTRUCTION
SYSTEM CONSTRUCT OR DEERWOOD RADDITIONA ELECTRIC 30 - LOT RESIDENTIAL
DEVELOPMENT, FOR THE TOTAL COST OF ;65x614.
RECOMMENDATION:
The Utility staff recommends the acceptance of the contract to the
low bidder, Barco Construction for the construction of underground
electric power r parkway, distribution East of Loop 288 Northrwood Addition at
Kingsrow/
i SuNKARY/BACKGROUND:
I
On March 24, 1994, the City of Denton received bid proposals for
the construction of underground electric power distribution system
for the Deerwood Addition, a new residential development located at
Kingarow/Grant Parkways The d COSecondaryn cconsists of onductors, inPadmounted
of conduit, Primary edestals, Primary pull boxes
distribution transformers, Secondary p
and Street lights. The contractor will provide all the material,
labor and equipment necessary for the completion of the job. This
contracts will bring comparison costs between in-house construction
and privatization of construction for purposes of assuring that
projects are completed at a minimum cost. After completion of the
project and total cost tabulation, individual costs for units of
construction will be used in our functional bench marking process.
This contract will also alleviate the work load on the City of
Denton crews.
The evaluation was based on the low bid and compliance to the City
of Denton specifications.
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Attached istribution Exhibit f)esis a timate comparison of the
D
contractors.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
Decrease in electric costs for rate payers, electric department for
maintenance and operation.
FISCAL IMPACT:
The contract value (;65,614) is included in the 1993/94 fiscal year
budget.
Respectfully submitted,
R. E. Nelson, Executive
Director of Utilities
Prepared by,
Festus Okolie,
Engineering Associate
Ap oved b
im Harder, Director
of Electric Utilities
Attachment:
Exhibit I. Sid Evaluation sheet.
4 II. Vicinity map showing construction location
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ORDINANCE NO. D310
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE A PURCHASE ORDER WITH INCHAPE TESTING SERVICES FOR
PROFESSIONAL TESTING SERVICES RELATING TO A SERIES OF TEST FOR THE
WASTE WATER TREATMENT PLANT FOR THE CITY OF DENTON; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFORE; 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 purchase order between the City of Denton and Inchape Testing
Services for professional testing services relating to a series of
test for the Waste Water Treatment Plant, under the terms and
conditions, contained in said purchase order, which is attached
hereto and made a part hereof.
SECTION II. That the City Council hereby authorizes the
expenditure of funds in the manner and amount as specified in the
purchase order.
SECTION III. That this ordinance shall become effective
Immediately upon its passage and approval.
i
PASSED AND APPROVED this the day of ,
1944.
LLOYD V. HARRELL
CITY MANAGER
ATTEST.,
JENNIFER WALTERS, CITY SECRETARY
BYj
APPROVED AS TO LEGAL FORM.,
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY$
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DATE: APRIL 19 1
01
CITY COUNCIL REPORT ti-
r1i1,^'~•z' i•'ii7
TO: Mayor and Members of the'Clty Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: PURCHASE ORDER 144087 - INCHAPE TESTING SERVICE
RECOhRE RATION: We recommend Purchase Order #44087 to Inchape Testing be
approved the amount of $15,750.00.
SUMMARY: This purchase order is for the professional laboratory testing service
on a series of test for the Waste Water Treatment Plant. The test are a requirement
of the EPA and the Texas Water Commission for the pretreatment monitoring and
sludge monitoring.
The original estimates for thia testing was under $15,000.00. The cost of the test
Increased as did the frequency of the tests required by EPA & TWC driving the cost
over the $159000.00 limit.
Contracts are being drafted for an annual contract for these testing services to be
presented to Council at a later date.
This testing 1s a Professional Service and exempt from the bid process.
BACKGROUND: Purchase Order #44087.
PROGRAMS, DEPARTMEN'T'S OR GROUPS AFFECTED: Municipal Laboratory and
Waste Water Treatment Plant.
~ I
FISCAL IMPACT: 1993-94 Budget Funds Account #625-082-0483-8502 $ 7,750.00 {
#625-028-0481-8502 $_8,000.00
$15,750.00
Respectfully submitted:
Lloyd V. Harrell
City Manager
Approved:
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Name: Tom D.S w,C.P.M.
Title: Purchasing Agent
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THIS 1S A xxx `
PURCHASE ORDER NO: 44097 CONFIRMNG ORDER I{I
This number must appear on all (IF MARKED)
delivery invoices. slips, casm
ctns DO NOT DUPLICATE
' clns.. boxes, , p xking slips and bills
Dale: 04 11 94 Page No. 01
•I Re4 Na Sid Noy
CITY OF DENTON TEXAS ION I 90 PUr1r817/383I71500 DJFVV METROA817J267f0042 FAX TEXAS
8171382-4692 354
VENDOR INCHAPE TESTING SERVICES DELIVERY CONFIRMATION ONLY 0.19
NAME/ 1089 EAST COLLINS BLVD ADDRESS MUNICIPAL LAB (ENVIRON SERV)
ADDRESS 110 0 M A Y H I L L R D
RIC9ARDSON TX 75081 DENTON, TEXAS 76205
VENDOR NO. INC48000 DELIVERY OUOTEO 04 20 94 FOB DESTINATION -777 BUYER TS TERMS
-W mgEmEj jig
A MFG NAME 4,350.000 4,350.00
001 1.000 EA VENDOR CAT. # N /
l CITY # 96149
SAMPLE ANALYSIS FOR THE LABORATORY REPORT #D94-1675-1-2
3,400.000 3,400.00
002 1.000 EA VENDOR CAT. # N / A MFG NAME
CITY 1 96148
SAMPLE ANALYSIS FOR THE LABORATORY REPORT #D94-1694-1-10
MFG NAME 940.000 940.00
003 1.000 EA VENDOR CAT. / N / A
CITY # 96148
SAMPLE ANALYSIS FOR THE LABORTORY REPORT If D94-2060-1-7
2,110.000 2,710.00
004 1.000 EA VENDOR CAT. # N / A MFG NAME
CITY # 96148 p3 n~
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SAMPLE ANALYSIS FOR THE LABORTORY REPORT # D94-2079-1-4 xr l t
ral.
P GE TOTAL 1 ~r 401p) 0 i
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y~p~A..MSSRULT10N5: I. Terms Net IU xMI^• •~•"r.n
Milllnd Invoice with duplicate Copy ' 4. Shipping instructions F.O.B, Destination prepaid pw.,..x.-,..r•~•rt
1310 Id , Accounu Payable S. No lederat or sloe sales tax shall be included urc asing vision
216 E. McKk" St in prices billed.
piMan iK 71101.4i9i,;" ? PURCHASING
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i PURCHASE ORDER NO: 440£77
This number must THIS IS OR[ XXX
appear on all CDNFIkM1NG ER
invoices. delivery slips, cases, D OF MARXEO)
COS, bones. Patching g slips and bills,
DO NOT DUPLICATE
i
Req No: Bid No: Dale: 04 11 94
Page No. 02
CITY OF DENTON TEXAS #
' PURCHASING DIVISION / 901-8 TEXAS STREET 7 DENTON, TEXAS 7620 1-4354
8171383-7100 0/FW METRO 8171267-0042 fAt 817/361-4692 t
VENDOR INCHAPE TESTING SERVICES
NAME/ 1089 EAST COLLINS BLVD DELIVERY CONFIRMATION ONLY C19
ADDRESS ADDRESS
RICHARDSON MUNICIPAL LAB (ENVIRON SERV)
TX 75081 1100 MAYRILL RD
DENTON, TEXAS 76205
VENDOR NO. INC48000 DELIVERY OUOTED 04 20 94 FOB DESTINATION BUYER TS TERMS
UNi
005 1.000 EA VENDOR CAT. / N / A MFG NAME
CITY If 96148 4,350.000 4,350.00
SAMPLE ANALYSIS FOR THE LABORTORY REPORT AD94-1675-1-2
P GE TOTAL t ,950.00 7
01 625 082 0483 8502 GR ND TOTAL 51 50.00
02 625 082 0481 8502 7x750.00 i
t
8,000.00 ~ j
l MdSTAlICT101'19: - _ 3. Terms Net 10 aW•„ •m••••• •r.d~e1
* hen/ y
M rtld brroke with f
1 duDbe.to tally. j e. Shipping instructions: F.O,B. DeOrwit on prepaid low... . n.,.,,,
L Bill is' Accounts payable 5. No federal of lisle sales tai shell be included
fig in"in prices billed
Oentook Till 7620154299 t sling ivisiGn
PURCHASING
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ORDINANCE NO. _
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES
OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE
IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 252.022 of the Local Government Code provides
that procurement of items that are only available from one source,
including: items that are only available from one source because of
patents, copyrights, secret processes or natural monopolies; films,
manuscripts or books; electricity, gas, water and other utility
purchases; captive replacement parts or components for equipment;
and library materials for a public library that are available only
from the persons holding exclusive distribution rights to the
materials; need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the
items mentioned in the above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS!
SECTION I. That the following purchases of materials,
equipment or supplies, as described in the "Purchase orders"
attached hereto, are hereby approved:
r
PURCHASE
ORDER NUMBER VENDOR AMOUNT
44086 MOTOROLA INC. $172,511.80
SECTION It. That the acceptance and approval of the above
items shall not constitute a contract between the City and the
person submitting the quotation for such items until such person
shall comply with all requirements specified by the Purchasing
Department.
SECTION III. That the City Manager is hereby authorized to
execute any contracts relating to the items specified in Section I
and the expenditure of funds pursuant to said contracts is hereby
authorized.
SECTION IV. That this ordinance shall become effective
immediately upon its passage and approval.
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PASSED AND APPROVED this the day of 1994.
BOB CASTLEBERRY, HAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCHP CITY ATTORNEY
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DATE: APRIL 199 1994
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CITY COUNCIL REPORT Q rI
TO: Mayor and Members of the'City Council ;
-414
FROM: Lloyd V. Harrell, City Manager
3of'7
SUBJECT: PURCHASE ORDER # 44086 - MOTOROLA INC.
RECOMMENDATION: We recommend this Purchase Order to Motorola Inc. be
approved in the amount of $172,511.80.
SUMMARY, This purchase order is for the acquisition of communications upgrade
or the Police Department. This upgrade of communication equipment is a portion of
the relocation of the Police Department to the Denton Municipal Center. The radio
equipment software and facility improvements will give the Police Department access
to the latest technology in law enforcement communication. The older system is no
longer suitable to handle a City our size.
This purchase is a sole source procurement protected by patents and copyrights.
Compatibility with the existing 800 megahertz radio system is an obsolete requirement
making it impossible for other sources to respond to a bid solicitation. Sole source
purchases are exempt from the bid process as outlined in Texas Local Government
Code Chapter 252 Section .022, General Exemptions.
BACKGROUND: Purchase Order #44086, Letter from Motorola dated 3-17-94,
Memorandum from Chief Mike Jez dated 4-21-94, proposal from Motorola Inc. dated
4-7-94.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Police Department
y Comm anications.
IFt`f'.hL IMPACT: Funds for this purchase are available from a combination of
accounts. 37,511.80 will come from Certificate of Obligation sales for
Communication Upgrade Account #451-070-CCEU-9107. $35,000.00 will come from
Denton Municipal Center funds 4245.032-DMC1-9343-9101.
Respectfully submitted:
Lloyd V. Harrell
City Manager
Approved:
Rome: Tom D. ShawjC.P.M.
Title: Purchasing Agent
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CITY OF DENTON, TEXAS
901-B TEXAS STREET PURCHASE ORDER OENTON,Tx76201
N08SMBER DA O NOTVTNDSANO. CJd DOCUMENT Tpl
152400 ggNN pp;
VENDOR CONFIRt4A~PI~T1 ONLY C08
MOTOROLA COMMUNICATIOr.S
ATTN: MAKE MCINTYRE PGLICF- OEPT•
1701 VALLEY VIEW LN 221 N. ELM
DENTONv TEXAS 76201
DALLAS TX 75234
ITEM ACCOUNTNUMBER UNITSNUMBER DESCRIPTION BID NO. LINEAMOUN,
01 451 070 CCEU 910 0*00 CCAMUNICATIONS RAOIL) UPGRADE 137p511.Bu
02 245 032 OMCI 9343 9101 0.00 MOVt b INSTALLATION OF RAOIU 35~000.J0
AavdaNa
Ay6Csii;i;T G'
rTOTAL FOR P.O. 1 1720511480
TM CI of Denton, Texes la tax exempt-House BIII No. 20.
i
Reference P.O. Number on all Bll., Shipments and Invoices.
Shipments are F. 0. B. City of Denton, or es Indlosted. By
Send Invoices TO: Direct Inqulrfso T0-
City of Denton, Accounts Payable John Marshall, 0. P. M. Purchasing Agent 78201 Torn D. Shaw, C. P. M. Asst. Purchasing Agent
211 E.
ndi ated Si on „ purchase Denton, TX T% Order) er) 611156E-8311 DIFW Metro 267-0042
nor as Indicated
The City of Denton Is an equal opporIunily employer
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~ s day
MOTOROLA Ad"s tbpMtee
P.O. ea IIW4I
Communfeellone and Eloolronfee Inc. Oelbe, Tx1II,1II
R14 tabbfpp
3.17-9{
Mr. Tom Shaw
Cigr of Deebtt Auahming Deparit=m
9018 Taal Street
NOW% Twml76201
Sa mt: Sob Saar Pfw"eracut
Derr, Mr. Sbtw
Aooo Ito 0<beomo W(ShW oa Tr ~ 16 Daa mtK Hero m oaWa roq~dreme* 0 fx%the
1'W6Uc
otob lmtaofi s*n de &vd di* go= bwd upoe the AM mq*=cWL Sim am &I no
mom" Wtkb opal* tht tttmo"m protoooll, ne6 mmhi*n &"loped tbir o,ra
Potoool fk tttmmWoa Tbme Is *mb% tt dhW mopWWft bteweta
s~
* ~a1 end a comp h r~bl Mooorofa a U Na MT Taub
Santa oouob bv*mpst ptopoled wi0 btleelYoe wit►7ov adedtS Ceaw 1Slaoooaiel
*4* 10 *0 fltKAM ON 014 oaettlleWo t egtlP W tba oIe be UId Is Ail wak TW
glml<SaI a t toll Io~-a ploeltrpeaet order Vemot QLtl"
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adotu ~ Bllctrotda u'tn.
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1301 t Alponquln AC SaArumourp, Ill note HIM (312) 311.1000
MAR 17 194 12139 PAW. 001
F,F ~ ,
Denton Police Department
221 N. ELM
DENTON. TEXAS 76201
M E M O R A N D U M
T0: Tom Shaw, Purchasing Agent
FROM: Michael W. Jez, Chief of Police
DATE: April 11, 1994
RE: Communications Upgrade
Dear Tom:
I have reviewed the price quotations from Motorola for the communications upgrade
and find them acceptable.
The costs incurred for this project will enable us to ensure the long-term
dependability and reliability of our communications network and afford us the
p latest technology. Additionally, it will provide the most effective interfacing
possibilities with the computer system we anticipate purchasing in the next
fiscal year.
Finally, the timely approval of this request will keep us on schedule regarding
our move to the DMC.
If you have further questions please do not hesitate to call.
ez
Chie of oli
METAO 434.2520
(817! 5888181
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Equipment Ust and Pricing for The 24j,
City of Demon's Police Department New Dispatch Center d~J►
4-7.94
CONSOLE EQUIPMENT UPGRADE
ltamT Oty IDesutotion Unl1 Price E,ce~nded 1
1 5 Console Equipment Enclosers ( 5) $10,221.00 $61,105.00
2 1 Donco fled Round Tats a S' =4,286.00 =4,211118.00
3 1 New Operator PoOon CRT $20,799.00 $20,799.00
4 4 Upgrade 4 Existing Positions to CRT $14,679.96 $68,319.80
5 1 Central Electronics Upgrade $3,000.00 $3,000.00
TOTAL COST OF EQUIPMENT $137 911.60
SERVICES i OPTIMIZATION
1 1 Instalkdon ( Mow )
2 1 InsWistlon (Nary Consols PosMlon
3 1 All Mals"o Hwdwuo, i Labor
TOTAL INSTALLATION & SERVICES COST $36000,00
TOTAL TURNKEY PROJECT $172,611.80
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CITY COUNCIL REPORT FORMAT bate 7
r "7
DATEt April 19, 1994
TOs Mayor and Members of the City Council
FROMs Lloyd V. Harrell, City Manager
SUBJECTS Partial Right-of-way Abandonment Deerwood Parkway
RECOMMENDATIONt
The Development Review Committee and Planning and Zoning Commission recommends
approval.
SUMMARY/BACXCROUND t
The attached plat illustrates the right-of-way for propoaad abandonment. Bill
Coleman, on behalf of the Greenfield Woods Joint Venture jEdmond S. Bright etal)
has requested that the city abandon the right-of-way tract shown. No will be
retaining a drainage and public utility easement in the tract.
An independent appraisal was performed and consideration in the amount of $388.00
has been deposited with the City.
PROGRAMS. DZPARTMBNTS. OR GROUPS AFFECTEDs
Engineering S Transportation Department
FIBCAL IMPACTt
$388.00 to City
RESPECTFULLY SUSMITTEDe ~
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Lloyd arre
Prepared bys City Manager
au amson
Engineering Tech IIIRON
Approved
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4Y*ctok-of Engineering S Transportation
AE80029C/39
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Planning and Zoning 7 7
Minutes
March 9, 1994 ilAQ 7
Page T
Road and Forrestridge Drive that are less than what is
allowed in the current zoning ordinance, but are keeping
with what is existing in the subdivision at this time.
There were also somo lot widths that were less than 100 feet
at the lots building set back line, but did average 100
feet.
RECOMMENDATION: staff recommended approval.
Ms. Russell asked what the differences were in the old maps
and the new ones.
Ms. Goodwin explained the main difference is in the curve
data and some of the distances on the lots. The main
differenca is found in the northern most cul-de-sac on Royal
Oaks. The changes were made so the plat would close.
Ms. Flemming asked if the developer would be responsible for
sidewalks on Ryan Road.
Ms. Goodwin said yes, the developer would be responsible for
sidewalks.
Dr. Huey asked if sidewalks were to be built on Ryan Road.
Ms. Goodwin said yes, sidewalks would be built on the north
J side of Ryan.
Mr. Cochran made the motion to recommend approval of the
final plat of the Estates of Forrestridge, Section III,
Block A, Lots 1-12. Mr. Cooper seconded and the motion
carried unanimously (6-0).
VIII.Consider approval of right-of-way abandonment of Deerwood
Parkway at Grant Parkway.
STAFF REPORT: given by David Salmon.
Mr. Salmon said another developer dedicated the right-of-way
by separate document. Currently there is a stub out of a
street in the area. The stub out street will be removed and
altered when the new developer builds his Deerwood
Subdivision. There is no possibility of any street being
extended through that area. The city will retain a utility
and drainage easement in that location but there is no need
to retain the right-of-way.
RECOMMENDATIONt Staff recommended that the right-of-way be
abandoned and a utility and drainage
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Planning and Zoning
Minutes O r r
March 9, 1994
Page 8
easement be retained in its place.
Dr. Huey said she thought the abandonment was being done to
square up the lots.
Mr. Salmon said when the area becomes an easement it will
help even out the building lines.
Ms. Russell made to motion to recommend approval of the
right-of-way abandonment of Deerwood Parkway at Grant
Parkway. Mr. Cochran seconded and the vote was (5-1).
IX. Worksession.
1. Design Guidelines.
STAFF REPORT: given by Harry Persaud.
Mr. Persaud explained that the design guidelines were a part
of the zoning ordinance rewrite process. They are intended
to serve as a checklist of the major issues and concerns
that should be addressed on a site plan submitted to the
city for consideration.
E Mr. Persaud said staff would like to proceed with the
i l adoption of the design guidelines by the city Council for
JJ use in the development review process.
Several members of the Zoning Task Force pointed out changes
in the wording in several areas. Mr. Bates said he felt
that some of the wording had been changed to make the
guidelines more like regulations rather than guidelines.
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the t was decided to remove inconsistencies in the drawings and
I overgwordingesuchstatements.
great deal of concern
as: shouldThere
insteadaof encouraged, and
similiar materials instead of compatible.
j Mr. Cooper said the use of words such as; should or shall
made the guidelines sound more like requirements instead of
guidelines.
I
Dr. Huey said she objected to eviscerating the guidelines.
She cautioned the staff not to overdo the toning down of the
guidelines.
!
Staff was requested to remove the inconsistencies and to
revise the design guidelines and bring back to the
commission at a later meeting.
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O72 -
ORDINANCE NO. y U/ /
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ABANDONING AND VACATING
A PORTION OF DE£RWOOD PARKWAY, LOCATED WEST OF ITS INTERSECTION
WITH GRANT PARKWAY, AS A PUBLIC STREET; RESERVING A DRAINAGE AND
rl UTILITY EASEMENT; AND DECLARING AN EFFECTIVE DATE.
1 WHEREAS, the City is not desirous of extending Grant Parkway
{ west of its intersection with Deerwood Parkway; and
WHEREAS, the abandonment of right-of-way for Grant Parkway west
of its intersection with Deerwood Parkway at this time would allow
the surplus right-of-way, which is not useful to the City and not
required for public convenience and necessity, to be sold by the
City and included in the Deerwood subdivision, Phase I development;
s and
i
x WHEREAS, the fair market value of the right-of-way has been
determined and received as required by TEX. LOC. GOVT CODE S
j 272.001 and Denton, Tex., Code S 2-127 (1991); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
fi SECTION IL That .041 acres of the right-of-way of Grant
Parkway located west of its intersection with Deerwood Parkway, and
being more particularly described in Exhibit "A", which is attached
hereto and made a part hereof for all purposes, is abandoned and
vacated as a public street; provided, however, that there is hereby
1 expressly reserved and excepted from vacation a,3d abandonment the
property so described a public drainage and general use utility
easement for the purpose of constructing, reconstructing,
repairing, and maintaining drainage and utility facilities in,
over, and across the said property.
SECTION II. That by operation of law the City of Denton's
property interest in the street right-of-way herein abandoned and
vacated shall revert to the abutting property owner, whether one or
more, and the City of Denton hereby releases all claims to the use
of the property for street purposes upon receipt of the market
value of the property herein abandoned from the abutting property
owner.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1994.
BOB CASTLEBERRY, MAYOR
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ATTEST: 5 0 7
JENNIFER WALTERS, CITY SECRETARY
BY: _
APIRIVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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EXIIIBIT A
PROPOSED RIGHT-OF-WAY ABANDONMENT -
DEERWOOD PARKWAY ~
FIELD NOTES to all that certain tract of land situated in the D CulpbSurvey
Abstract Number 287 in the City of Denton, Denton County, Texas,
part of the Right-of-way of Aeerwood Parkway as described In the Dedication
recorded in Volume 2881, Page 511 of the Real Property Rocards of Denton
County, Texas; the subject tract being the Western Stub-oitc of Grant Parkway
and mote patticularly described as follos+st
BEGINNING for the Northwest cornet of the tract being described herein, at a
1/2 inch Iron rod at a salient corner in a Weste.ly line of the Right-of-way
Dedication on a North line of the called 51.058 acre tract described in the
Deed to Teasley Road Associates recorded in Volume 3814 Page 553 of the said
Real Property Records South 69 Degrees 93 Minutes 42 Seconds West a distance
of 49.48 feet from a reentrant corner thereof;
THENCE North 89 Degrees 03 Minutes 42 Seconds East with North line of the
Teasley Road Associates tract a distance of 30.00 feet to the Northeast corner
of Lot 1, Block A, Deerwood Phase I on an extension of the West line of
Deetwood Parkway;
THENCE South 60 Degrees 52 Minutes 51 Seconds East across the said Grant
Parkway Stub-out with the East line of Lot 1 a distance of 69.00 feet to a
reentrant corner of the said dedicated Right-of-way; s the
ub-out THENCE Sou89Degree t-ofsway 3 Minutes 43 29.94efeetctosa 1/2 inch iron rod
with the said Rig9h
j found at a salient corner thereof;
THithof0069Degrees .01 Minutes 18 with the said
enclosingR6.941oofwan
a distance
acre of land.
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50' 0 50' 100' \ E R 4 e 2
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ENH;BIT OF
RrCHT-OF-WAY ABANDONMENT
DEERWOOD
DENTON COUNTY, liXA5
wTo r[ way PREPARED By:
uco COLEMAN A ASSOC.
ly- scA[c r . 100 D SURVEYING
- P D. Box 668
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DEN1817-565- 62 t15 202
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DATE: 04//19/94
CITY COUNCIL RFPORT FORMAT / O T3q
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Compost Demonstration grant for the Texas Natural Resource Conservation
Commission
RECOMMENDATION:
Staff recommends accepting the grant from the TNRCC.
SUM]RARY:
The Texas Natural Resource Conservation Commission has approved a second year of
funding for a backyard compost demonstration program. The grant will fun3 the
purchase of compost units, educational materials, public service announcements,
distribution of the demonstration results, and an intern to coordinate the project.
Ten different types of units will tested including at least two tumbler units. Data
collected will be analyzed and a report will be distributed through the Texas
Agricultural Extension Service. The in-kind match will Include salary for the
Community Improvement Coordinator and TAEX Horticulturist, volunteer hours from the
compost demonstrators, postage, word processing, and design of public service
announcements.
R~K~li41lNQ:
In 1992, Keep Denton Beautiful received funding for Phase I of a backyard compost
demonstration. Ten different types of bins were tested between December 1992 and
April 1993. The results were coo^iled Into a report presented at the annual Solid
Waste Options Conference in January 1994.
PROGRAMS. DEPARTXENTS OR GROUP° !FFESM:
Keep Denton Beautiful, the Texas Agricultural Extension Service of Denton, County
and the compost volunteers
FISCAL IMPACT:
The Texas Natural Resource Commission will fund $20,000 and the match is $20,000.
The match will be made through In-kind services.
Respectfully submitted:
Prepared by. Lloyd V. Harrell
City Manager
CecIl'e Carson
Community Improvement Coordinator
App, oved:
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ank Robbins
Executive Director for Planning
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EI\kPWS\0rtA\1kACC q
2 eP34
ORDINANCE NO.
TEXAS NATURAL RES URCE
CITY AN ORDINAN BEAUTHO THENCITYE OF DENTON MANAGER N
AGREEMENT
CONSERVATION COMMIS AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
COMPOSTING PROJECT]
AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEis authorized to execute an ORDAINS:
~cr 1_'I. That the City Manager
""o Agreement between the City of Denton and Texas Natural
Conservation commission to establish and operate a demon-
I con-
Resource source cAg
stration composting under the terms and conditions
twined in said Agreementento , which is attached hereto and made a par
hereof.
K authorizes the
That the City Council hereby amount
adffit„ 0,~_N II
of $
for the est expenditure of funds ioftsaid c~ posting4project, as specifiedain
lishment and operation
the Agreement.
es.mlON III. That this ordinance shall become effective immed-
iately ups passage and approval. Iggd.
day of
PASSED AND APPROVED this the -
B CASTLEBERRYr MAYOR
BO
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY.
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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TNRCc Contract Number 4100000069
THE STATE OF TEXAS
COUNTY OF TFAVIS
'7 r `T
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INTERLOCAL CONTRACT
THIS INTERLOCAL (INTERGOVERNMENTAL) CONTRACT (herein referred to as
the "Contract") is entered into by and between the governmental
entities shown below as "Contracting Parties", pursuant to the
authority granted and in compliance with the provisions of the
i "Interlocal Cooperation Act", TEXAS GOVERNMENT CODE, Chapter 991.
1. CONTRACTI11,; PARTIES t
The Funding Agency: Texas Natural R<source Conservation
C mmissign (TNRCC)
The Performing Party: City of Denton
'I. ACTIVITIES TO BE PERFORMEDt
See "Attachment A - Scope of Services and Schedule of
Deliverables"
III. BASES FOR CALCULATING REIMBURSABLE COSTS%
See "Attachment B - Eligible Reimbursable Costs and
Payment Procedures"
IV. CONTRACT AMOUNTt
The total cost of services to be performed in connection
with this Contract is: r;,u thousand dollars ,
(9 40.000).. Payments under this Contract are contingent
upon the PERFORMING PARTY providing matching funds for
fifty percent (Sot) of the total project cost. The
PERFORMING PARTY shall, therefore, be reimbursed fifty
percent (50%) of the total allowable costs documented in
each payment request such that payments by the FUNDING
AGENCY to the PERFORMING PARTY shall at no time exceed
fifty percent (Sot) of the total allowable costs or
twenty thousand dollars, S 20.000_, whichever is less.
Any program costs in excess of ,L 2DAQ0 are the
obligation of the PERFORMING PARTY.
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V. ADDITIONAL CONTRACT PROVISIONS: U
See "Attachment C - Additional Contract Provisions"
VI. ATTACHMENTSs
Attachments "A - C", "Exhibit 1" and "Exhibit 2" to
Attachment A, and "Exhibit i to Attachment C" are
attached to this Contract and are hereby incorporated
herein and made a part of this Contract for all
purposes.
VII. TERM OF CONTRACT:
This Contract begins January 1. 1994, and terminates
December 31. 1994.
The TEXAS NATURAL RESOURCE CONSERVATION COMMISSION (FUNDING AGENCY)
certifies that it has the authority to contract for the above
services by authority granted in the Current Appropriations Act:
TEX. WATER CODE 15.229 and HEALTH AND SAFETY CODE 6361 014
J361.428. and 1363.095_(6) and (c)
The PERFORMING PARTY certifies that it has authority to perform the
services contracted for by authority granted in
.ordinance and/or Resolutfon of Council Commissioners??????
Charter????
I
l THING AGENCY PERFORMING PARTY
-J Texas Natural Resource
Conservation Commissign City of Denton
(Name of Agency) (Name of Party)
By: By;
(Authorized Signature) (Authorized Signature)
(Printed Name) (Printed Name)
( Title) (Tit
le)
Date: _ Date:
TNRCC Contract No. 4100000069 Pa4a 2
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ATTACHMENT A
SCOPE OF SERVICES
AND
SCHEDULE OF DELIVERABLES
T NRCC ContrW ho. 4100000069
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ATTACEMEZ7T A aq'a l~
SCOPE OF SERVICES
AND
SCEEDuLE OF DELIVERABLES 6 a ~3 9
ARTICLE I. SUXKARY AND GENERAL PROVISIONS
(a) dThe emonstrationlN composti g wproject t nliaccordanceoPwith e its
municipal Solid Wastf. Composting Demonstration Grants proposal
{hereafter called the "Narrative proposal') ;submitted to the
FUNDING AGENCY for State Fiscal Year 1994. The objectives of
the project are to:
(1) Demonstrate how composting technology can be used to
minimize waste or recover resources currently entering
the municipal solid waste stream;
(2) rIncrease the value ecovered resources,throughlcomposting; and lability of
(3) Provide"ublic education related to efficient and wise
and the environment, through community outreach programs.
the program financial dsspecified rin
(b) hThe e FUNDINGIAGENCY will receive
this Contract, unless this Contract is properly amended or
extended. This grant requires at least So percent funding
match by the PERFORMING PARTY.
(c) The geographical area covered by the grant project shall be
Xithi& the-
(d) wiThe th p this R'S pe of Services and Schedule of Deliverables" and
Proposal PERFORMING PARS
the "Narrative Proposalm
application. sThe ubmitted the
with the grant app rovisions of the
Exhibit 1 to this Attachment. Where p
Narrative Proposal conflict with the Scope of of Services the Scope and
Schedule of Deliverables, the provisions
Services and Schedule of Deliverables of this Contract shall
prevail.
(e) None of the funds included
men The PERFORMING PARTY shallabe
shall used to pay em to ees
responsible for any obligations of overtime pay due P Y
and any such obligations shall be exclusive of the budget in
this Contract.
to purchase computer equipment o or software.
M shallo be the
i
1NRCC Corrtnet No. 4100000069
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ARTICLE 2. REPORTING 7OT 3g
(a) For every State Fiscal Year quarter (three month period) or
part of a State Fiscal Year quarterly period covered by this
Contract, the PERFORMING PARTY shall submit a Project Activity
Report to the FUNDING AGENCY which shall summarize the grant
project related activities that occurred during the quarter.
A report shall be due the 20th calendar day following the end
of each quarterly reporting period. As a minimum, a report
shall incli+de inforueation on the following items:
(1) Details of any construction in progress or completed;
(2) Details of any major purchases;
(3) Details of any technical assistance that may be needed;
and
(4) A detailed summary of activities accomplished to date,
especially public awareness activities.
(b) The PERFORMING PARTY shall submit, not later than 30 days
following the end of the Contract term, a Project Activity
Summary Report to the FUNDING AGENCY, which shall consist of
a comprehensive detailed summary of the activities, problems
and accomplishments of the composting demonstration project
that occurred during the term of the Contract. The FUNDING
AGENCY will develop and issue (to the PERFORMING PARTY)
guidelines for the Project Activity Summary report.
(c) Additional reporting requirements, related to grant project
expenditures, are addressed in Attachment B, Articles 4, 5,
and 5 of this Contract. In instances where the PERFORMING
PARTY wishes to be reimbursed monthly rather than quarterly,
r then a TNRCC Financial Status Report shall be submitted each
month.
ARTICLE 3. COMMUNITY EDUCATION
Community education is an integral part of this Contract. The
PERFORMING PARTY shall make its composting facility available to
the general public as a demonstration site, and shall provide
tours, printed educational materials and project descriptions to
interesrcd parties. The PERFORMING PARTY shall conduct one or more
additional community education activities during the Contract term.
Additional activities include but are not limited to:
(a) Presentation(s) at schools, neighborhood organization
meetings, service organization meetings, etc;
(b) Newspaper and newsletter articles or advertisements;
(c) Information flyers distributed to target areas; and
(d1 Radio and/or television programs and advertisements or other
media campaigns.
TNRCC Contract No. 4100000099 Attachment A, Pape 2
4
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EXHIBIT 1
TO ATTACHMM A
NARRATIVE PROPOSAL SUBMITTED BY THE PERPORMINO PARTY
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TNACC Contract No. 4100000069
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MUNICIPAL SOLID WASTE COMPOSTING
DEMONSTRATION GRANT TEXAS WATER COMMISSION
k .
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sUNICIPAL SOLIDTWASTEWATEROSTING DE4 NSTRATION GRANT
GENERAL
The City of Denton, jn conjunctisnawith applying Texas Agricultural
Extension Service-Denton County, grant from the
Texas Water Commission to continue a demonstration and public
The grant will provide funding
education program on composting.
for compost units, educational materials, public service
announcements, distribution rhe demonstration report, and an
intern coordinate efforts.
Mau"
esidents have participated in a backyard composting program
for the past seven months. The residents have assembled and used
backyard compost units and onee to provided
determine athetbeste units by
Denton. The study dy
~evaluating factors including ease of assembly, time needed to
complete the composting process, and volume of material generated.
yyarultimate goal the City of enton is to Denton Municipal Landfill. ce the amount of
The
? The 1992-93 program evaluated ten different types of units. To
continue the project, demonstrators would be selected to test two
Texas Agricultural
existing areport tumbler be distributed through data
extension service.
A report and compost "recipe" card created under the previous grant
will be finalized and printed. The material will be distributed
with the assistance of the Texas Agricultural Extension Service.
In addition educational materials will be distributed to
approximately 50 cities in the Keep Texas Beautiful system.
f diall tional deducational solid waste customee sproduced for distribution to i
The data collected will be published in a report to be distributed
through the Texas Agricultural Extension Service. The data
includes type of units, types of material used, and volume of
ml produced. small recipe red which will
include simple steps to a successful compost process,
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EDUCATIONAL MATERIALS
A public service announcement will be produced for the local cable
network. The psa will air for two months. It will be designed to
provide information as well as encourage composting projects.
A utility bill insert will be distributed to 30,000 residential
electric customers. The insert will provide educational
information on composting and recommended units.
The demonstration program will also include distribution ct compost
units to all elementary schools in Denton. Fifth grade classes
will be targeted to receive compost units and provided with
curriculum materials. Representatives from Keep Denton Beautiful
and the Texas Agricultural Extension Service will provide guest
speakers and technical assistance.
SUMMARY
With approximately 25% of residential solid waste identified as
yard waste, Denton is actively pursuing methods to reduce the
amount of yard waste entering the landfill. Beginning in the Fall
of 1993, Denton Municipal Utilities is proposing a limited separate
yard waste collection system. By encouraging backyard composting
we will be able to reduce the volume of material collected. Since
' customers will be charges based on the volume of material placed at
the curb, we will nerd to provide broad based educational materials
on composting as an alternative.
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41-Iq
IN KIND CONTRIBUTION
PERSONNEL
COMMUNITY IMPROVEMENT COORDINATOR
Sr161 675
SALARY f 161
FRINGE
AGRICULTURAL EXTENSION SERVICE f 11728
SALARY 226
FRINGE f 4,900
COMPOST VOLUNTEERS
f 1,440
POSTAGE - UTILITY INSERT 440 30
PSA DESIGN 0
WORD PROCESSING 200
320.6
TOTAL
GRANT REQUEST
pERSONNEL
t ADMINISTRATIVE INTERN t 3,200
SALARY A $6.15 PER HOUR 420
FRINGE
f 8,000
SUPPLIES COMPOST BINS f 500
FILM, PAPER sA
1tiQi i~"lEtFi'_ `S'iri4~--6t'ipje,
OTHER f 2,000
PRINTING f S00
INSERT
f 250
r,• POSTAGE f S00
COPIES f 150
BROCHURES C' PUBLIC SERVICE ANNOUNCEMENT f s 11000
TOTAL
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5. Fiscal "at Inforr,atian -
ta+rce 41 Frds
Iustet Geatorln (11 lute solid <2! applicant (AFAllfOther C) 4.1 Total
Waste "runt ln•ttnd
Fulda Contributtars sources
I t 14969
e. ►ersernel/fdariN s 3200 s 11789
1321
b. fetnte lowfitt 420
C. Trovil
ssoo
d. sppllas Iles, than f500) 6500 ,e
tattanent 0500 and aver) -0
f. Contractual
I. Corstruetion
5000 1940 12940
b, Other
s s s
t. total Direct nTartn s 20630 40250
(sue . trrv r1 19620
Y ,
I 1. irdlf*ct Mitt"
s t 40250
) s 19620 20630
k. rotas (sum, i end 1 s
(n0e Lenaftt late as a percent of person ItUterfa)
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Hi+de Iaretit fete 13.08
1.
s Indirect *Sri* Isle '
(1) 0 stsrdard lets (from lrdlr•et Cat Copulation taMe1
f] speetal late p•reant
(a) 0 prnerrtly /pproad +pprwel Aetfcy
(b) G irov(alorl f-0Pr~l Approval Atwo
(a) 0 Approve) Appl led far Apgrar•l Aterty
et
(d) Drlefty explain bar Of Welal rate is alautd.
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1. Portorwt Sudset Inforeetim
(i) 12) (1) (4) lf)
Position title )lanthty Percent eu0er Total Yorker
Salary Time Per of mm" falary Tears
Meth in Project tontrila td Cost's)
Co=unity tmorovement Coordinator s 2667 .15 12 s 161
0. At. F~ttention - Hoeeieulturalist 28E0 12 17 ✓ .05
28
Administrative intern 266.66 100 12 3200 ✓
3 d Volunteers 980 @ $5 per hour 6900 100 10 6900
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lf*Icote this feria it mcass ry in Order to list Ott api" utary/tIm C06frotfam)
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S. Supplies Information (supplement to item 5.d.)
The amount on the Fiscal Budget requested for supplies is:
$ iann ,
For any supplies that have a unit cost of at least $100 but
less than $500, describe the types and numbers of items you
intend to purchase with grant funds.
Supplies would include compost bins and tools. Most bins are under
$100, but one type will exceed $100. We plan to purchase tumbler
bins which range from $200 to $300 each. In our previous grant request
we excluded these bins due to costa however, we have faceived numerous
}nquires about the quality and productivity of these ins. Our
goal is to purchase tvo (2) types of tumbler bins and distribute
t~:enty (20) to dooonstrators for evaluation. The data coll3cted.
would be added to the data gathered on the ten (10) other types of
units tested in the first grant.
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9. Equipment Information (supplement to item S.e.)
The amount on the Fiscal Budget requested for equipment is:
$ 2500
Itemize, describe, and justify all equipment. Add pages as
necessary, by attachments to this page. when itemizing
equipment, separate into the following categories as
applicable:
a. Computer Hardware d. Vehicles
b. Computer Software e. Other
e. Furniture
a. Computer Hardware: A IBM capable computer is necess to complete
the report to be distributed all County
Extension Offices. The puter will provide gT
intern with a4ability o analyze data collected dY
in prav.ous years d create new documents for b~
distributor. set quality printing is currently gt'f, Aq&
unavailabl ad this would make a significant 4.0
diffarenp in the ability to do lay-outs of sG~
educat-tnal materials. Computer and printer are f
estimated at $1,800.
I
b. Computer Software: Software would be pyyc aF sed but limited to those
packages necesss~io complete documentations.
Proposal incln~zes Si00 for word processing and
graphic;oKtwart.
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f , contractor Information (supplement to item S.f.)
all or part of the proposed project is to be performed by a
ntractor, describe the function and purpose of the
ntractor, how the contractor vas or will be selected, and how
e contractor will be reimbursed. Add pages as necessary, as
attachments to this page.
NOT APPLICABLE
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EXHIBIT 2
TO ATTACHMENT A
SCHEDULE OF DELIVERABLES
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TNACC Convaa No. 4100000069
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EXHIBIT 2
TO ATTACM4ENT A
SCHEDULE OF DELIVERABLES
P~.nrur'S f~GENCY_
pE~On>4ING PAR'S
01.20-94 Develop Project
Activity Report Form-
01.20-94 Begin contract program purchase
activities; equipment.
03-30.94 Evaluate quarterly
03-20-94 Submit first quarterly reports and purchase
project Activity Report and vouchers; forward
Financial Status Report-' purchase vouchers to
Fiscal for reimburse-
ment of
el ooject costs-
eligible o pr
06-30-94 06.30-94 Evaluate quarterly
i quarterly reports and purchase
06-20 94 Submit second y Report
and vouchers; forward
project Activity purchase vouchers to
Financial Status Report. Fiscal for reimburse-
went of one-half the
eligible project costs.
06-29-94 Conducr. mid-year
06-29.94 Attend mid-year evaluation conference.
evaluation conference. provide guidance for
the Project Activity
Summary Report-
rly e
09.20-94 Submit third quarterly 09-3U-94 Evaluate quarterly
Report and reports and p
Project Activity Rep vouchers; forward
Financial Status Report. purchase vouchers to
Fiscal for
ment of eligible project costs.
quarterly 12-30-94 Conduct end-of-year
12-20.94 Submit fourth rt and evaluation; forward
Project Activity Repo purchase vouchers to
Financial Status Report. Fiscal for reimburse-
ment of e-half the
costs-
eligible project
The pERFORMINo PARTY may choose to submit the FINANCIAL
STATUS REPORT monthly rather than quarterly.
TNRCC Cawacs No. M0000069
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purmixc a►cFatc~r_ D~3c~
JERFORM
01-31-95 Submit Project Activity
Contract term.
02.15-95 Submit Final Financial 02.28.95 Process any final
Status Report and any purchase voucher.
purchase voucher necessary
to finalize Contract
payments.
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E TNACC Co tract No. 4504000089 Exhibit Z to Atuctment A. Napa 2
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j ATTACE aWr B
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ELIGIBLE REIMBURSABLE COSTS AND PAYMENT PROCEDURES
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TNRCC COMM No. 4100000069
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ATTACMaX B i J ' I~JJJJJJ ~
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ELIGIBLE REIMBURSABLE COSTS AND PAYMENT PROCEDURES
ARTICLE 1. AUTHORIZED EXPENSES ts) (a) uTotal nder this CING ontract AGENCY obligation
exceedrthe expenses amount setsforth on tuthorized
1
of this Contract under Section IV, titled "Contract Amount."
(b) Total authorized exp.nses, acquisitions or expenditures under this
"matching fund
Contract ' including, where contributions, arel as follows:
costs' or "in kid
Personnel/Salary. . . . . . . $ 151000
Fringe Benefits . . . . . . . 1,500
Travel . . . . . . . . . . . . 200
Supplies. . . . . . . . . . . 100000
Equipment . . . . . . . . . . .0-
Contractual . . . . . . -0-
Construction. . . . . . .0.
Other . . . . . . . . . . . 13,300
Total Direct Costs . . . . . $ 40,000
Authorized Indirect Costs . •0-
TOTAL PROJECT COSTS . 40,000
PERFORMING PARTY Share. 20,000
FUNDING AGENCY Share. . .S 20,000
(c) The PERFORMING PARTY is responsible, throighout the term of this
Contract, for tracking and insuring that expenditure amounts under
this Contract remain within the various budget categories set forth
in Section (b) of this Article. If the PERFORMING PAR Y determines
that revisions to any of these various, category- p
are necessary or believes that revisions to the various category
amounts would be mutually desirable with respect to the work or
services required under this Contract, the PERFORMING PARTY should
contact the FUNDING AGENCY'S Authorized Representative identified in
Subsection 1.(a) of Exhibit i to Attachment C to this Contract, and
request direction as to whether a Contract amendment should be
pursued or a minor budget category revision should be requested from
the FUNDING AGENCY. '
TNRCC Convict No. 4100000069
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ARTICLE 2. AUTHORIZATION TO PURCHASE EQUIPMENT 6?43C
(a) 'Except as provided in Section (b) of this Article, equipment; items
with a unit pi.rchase cost of less than $500 are not listed in this
Contract and are not subject to prior approval by the FUNDING AGENCY
before being purchased. However, the FUNDING AGENCY will evaluate
all equipment purchases which utilize grant funds to determine that
such items legitimately serve to fulfill the scope and purpose of
the grant. If equipment purchases do not legitimately serve to
fulfill the scope and purpose of the grant, then the FUNDING AGENCY
will not reimburse the PERFORMING PARTY for such equipment
purchases.
(b) Any computer equipment or software proposed for purchase would
normally be itemized in the Equipment budget category regardless of
whether the unit cost is $500 or less. However, no computer
equipment is authorized to be purchased under this grant contract
budget.
(c) Requirements related to ownership (title) to equipment, equipment
records and reports, equipment replacement, and other related
provisions are contained in At.ticle 7 of Attachment C of this
Contract.
(d) The following items of equipment are hereby authorized to be
purchased or acquired under this Contract:
Number DescriRttion Item Cost Total
-0- (NO EQUIPMENT HAS PRIOR APPROVAL UNDER $ -0- $ -0-
THIS CONTRACT)
ARTICLE 3. ADDITIONAL AUTHORIZATIONS REQUIEM
In addition to the budget and purchasing requirements contained in
Articles 1 and 2 of this Attachment, the PERFORMING PARTY shall comply
with the following expenditure requirements:
(a) Travel-Related Costs. All travel related expenses, whether for in-
state or out-of-state travel, will be claimed (i.e., reported for
reimbursement) at the same rates allowed by the PERFORMING PARTY for
its employees or by the State of Texas for its employees, whichever
is less. Automobile mileage will be reimbursed at no more than 28
cents per mile; per diem will be for actual costs (lodging and
meals) up to $80 per day per individual (maximum of $25 for meals
and $55 for lodging). Unless specifically authorized in Attachment
A of this Contract, no out-of-state travel expenses shall be
eligible for reimbursement unless such travel has been approved
ahead of time, in writing, by the FUNDING AGENCY. All travel for
which expenses are claimed must be in connection with the scope of
work or services required under Attachment A of this Contract.
TNRCC Comact No, 4100000069 Attachment 8, Pape 2
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(b) Equipment Expenditures. Unless otherwise specifically authorized i
Article 2 of this Attachment, no purchases of equipment (items
costing more than $500 dollars, or computer hardware or software)
shall be eligible for reimbursement unless approved ahead of time,
in writing, by the FUNDING AGENCY.
W
sContractual ubcontractor Eisespecifically described h in thee Narrative Proposal
submitted by the PERFORMING PARTY (in Exhibit 1 to Attachment A of
this c contractual expen esuorocosts hall be o eligible for reimbursement
unless approved ahead of time, in writing, by the FUNDING AGENCY.
In addition, requests for reimbursement of payments made to any
subcontractor, under this Contract, are to be accompanied by
invoices from the subcontractor, as described in Article 4,
Subsection (d)12) of this Attachment.
(d) Primary Subcontractor Approval. The PERFORMING PARTY is hereby
authorized to enter into contracts with the following
subcontractor(s), in total amounts not to exceed the value indicated
in the 'Contractual* budget category of Article 1, Section (b) of
this cAttachment. he
for wi work d done b under subcontractor
be utilized following
this r
authorized Contract.
Selection of this subcontractor, is not subject to the qualification
and appointment process for utilization of historically
underutilized business (HUB) enterprises described in Article 11 of
Attachment C of this Contract. Use or selection of any other
subcontractor requires prior written approval by the FUNDING
AGENCY's authorized representative, and is subject to the
qualification and appointment process for HUB enterprises described
in Article 11 of Attachment C of this Contract.
Name of Authorized Subcontractor " ..i,*„~ ,~sthor+zed lLmou*+t
J (NO SUBCONTRACTOR HAS PRIOR APPROVAL UNDER $ .0. ~I
~J THIS CONTRACT)
(e) Secondary Subcontractor Approval. Contracts which the PERFORMING
PARTY's subcontractor (s) enter(s) into with other parties for the
purpose of performing any tasks required by the PERFORMING PARTY
under this Contract do not require prior approval by the FUNDING
AGENCY.
ARTICLE 4. PAYMENT REQUEST PROCEDURSS
(a) The PERFORMING PARTY, in order to obtain reimbursement for those
expenditures authorized under this Contract, shall submit, no more
frequently than once per month, a properly completed State of Texas
Purchase Voucher (Comptroller of Public Accounts Form 73-170).
Each submitted voucher shall be accompanied by a properly completed
and signed Financial Statue Peport (TNRCC Form 269x) which clearly
indicates, for each budget category in the Contract, the PERFORMING
PARTY'S expenditures or encumbrances for the period in question, the
PERFORMING PARTY'S cumulative expenditures or encumbrances with
in each
of the balance amont bengin
respect category following budget category, men~t and the
cat requested.
TNRCC Contact No. 4100000069 Atuchmint 0, Page 3
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Vouchers and Financial Status Reports shall contain sufficient detail for audit thereof. Completed vouchers and their
corresponding Financial Status Report forms, shall be mailed or
delivered, to the attention of the 'Municipal Solid --Waste Grants
Coordinator,' at the following address:
Texas Natural Resource Conservation Commission
Municipal Solid Waste Division
P. 0. Box 13087
A,istin, Texas 78711-3087
(b) To be eligible for reimbursement under this Contract, a cost must
have been incurred within the time period indicated on a Financial
Status Report (TNRCC Form 269a) and either paid by the PERFORMNG
PARTY prior to claiming reimbursement from the FUNDING AGENCY or
incurred by the last dai of the time period indicated and liquidated
no later than 45 days after the end of the time period indicated on
the Financial Status Report form.
(c) Any request for reimbursement submitted by the PERFORMING PARTY
under this Contract shall be accompanied by documentation (invoices
from the contractor or vendor) for the expenditure or encumbrance
when any of the following conditions exist:
(1) Reimbursement is requested for equipment items described in
this Contract or any subsequent amendment to this Contract; or
(2) Reimbursement is requested for payment(s) to any subcontractor
performing work under this Contract; or
(3) Reimbursement is requested for the purchase of any item or
service for which the individUAl or aggregate cost of that item
or service, under this Contrast, exceeds $500.
(d) All requests for reimbursement from the PERFORMING PARTY to the
FUNDING AGENCY that include personnel costs shall be accompanied by
1 a listing of each employee's name, title, number of hours worked on
J the project and total charges for each employee. This listing shall
be provided on the PERFORMING PARTY'S letterhead and accompany the
required Fi.:ancial Status Report. Any request for payment which
does not include the above required documentation will not be
processed for payment until such documentation has been received by
the FUNDING AGENCY.
(e) The FUNDIN; AGENCY reserves the right to susl ±end payment for any
incomplete, inconsistent, o incorrect services or reports required
by this Contract until the PERFORMING PARTY satisfactorily
completes, revises, or corrects such services or reports.
(f) Failure on the part of the PERFORMING PARTY to comply with all the
conditions set forth in this Contract is a basis for termination of
this Contract and revocation of any unexpended Contract funds.
TNACC Comact No. 4140000089 AtLdrnant 8, Pape 4
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ARTICLS S. QUARTERLY FINANCIAL STATUS REPORTS °25f
(a) A Financial Status Report (TNRCC Form 269a), containing as its
"report period" the latest State Fiscal Year quarter, shall be
submitted within 20 days following the end of each State Fiscal Year
quarter that is contained within the time period or "term' of this
Contract. Such reports are required even if no expenses or
encumbrances were incurred during the report period.
(b) If, however, the PERFORMING PARTY for purposes of receiving
reimbursement has already submitted, together with state of Texas
Purchase Vouchers, one or more (i.e. monthly) Financial Status
Report formi that cover the entire State Fiscal Year quarterly time
period, the report required under Section (a) of this Article shall
be considered as having been submitted.
ARTICLE 6. ANNUAL/FINAL FINANCIAL STATUS REPORT
A final Financial Status Report, utilizing TNRCC Form 269a, shall be
submitted by the PERFORMING PARTY by not later'than 4S days following the
end of the Contract term. If necessary, a State of Texas Purchase
Vouches will be submitted if all costs have not been recovered, or a
refund will be made of excess monies if costs incurred were less than
funds received.
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TNRCC Ca act No. 400000069 AtteCtment 9, Pipe 6
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ATTACMCWT C
ADDITIONAL CONTRACT PROVISIONS
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TNRCC Cawiet No. 4100000009
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AT:JICQ~?1'S G
AOOMONAL CONTRACT PROVISIONS
. ,27o~3S
ARTICLE 1. GENTAAI. RESPONSIBILITIES OF TEE Pt"ORHING PARTY
(a) Y'.e ?ERlO?:tiYG ?ARTY shall be rssponeLble ter the prafessLonal quality,
technical ac:aracy, tineiy ccmpletion and the coordination of all serotlcss
and other work furnished by :he PEAFOANIS: PARTY under this CantraC:.
(b) The PTRIOR.42YG ?AA:Y shall perform such services as may be necessar/ :o
accomplish the work under this Congas:, in accordance wL:h this Contract
and applicable 11+'YCI90 AGENCY vsG'sirem4nas and any And all applicable law.
(C) NeLther the TUNDINO AGENCY'S review, approval or acceptance of, not
payment for any of the eer•+Lces, LncludLnq final payment, shall be
construed to operate as a waiver of any rights under this Contract or of
any cause of action arising our of the performance of this Contract. The
P&MC.i.4240 PAATY shall be, and remain, liable in accordance with
applicable law for all damages to the TNRCC including reasonable
attorneys' fees and court costs caused by the ?EAFORMIYC ?ARTY's negligent
performance of any of the services furnished under this Contract.
(d) In performing any services hereunder, the PEAFOR.429G PAA:Y is, and
undertaker performance as, an independent contractor.
(e) The PEAMMING ?ARV sgrses to hold harmless the EM14O AGENCY and all of
i its employees and officers against any and all liability, loss or damage
arisinq out of er incident to she ?ERfOA.4140 PAATY'S work performance or
use of equipment.
(f) The obligations of the MtYOMING ?ARTY under :his Article are Li addition
to the PEAYOR4:1G PAAYY'S other express or implied assurances under this
Contract or applicable law.
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ARTICLE 2. PAY10:4T
Upon satisfactor/ ccmpletion of the work Performed hereunder and prior to final
payment under :Rio Cmc::tet for such work, ter Arlo: eo settlement upon
tarmiaation of this Cor::aet and as a condition to final payment/seetlsmene, the
P!? OMVIO PARTY shalt execute and deliver to the M. MIC AGENCY a release of all
claims against the fM Me AGiNCf arising under or by virtue of this Camerae:.
ARTI=2 3. Ti]UII: mtox
(a) This Contract shall terbinate upon full Perforzance of all requirements
contained hareli, unless this Cont:alt is amended LA writ«:q.
(b) This Ccnt:met may be terminated in whole or L: par. in writing by either
cent:ae:irq parry in the event of Substantial failure by the other pasty
to fulfill its cbligacion under this GGnarAc% through no fault of the
terminati:q parry, provided that no such termination may be effected
unless :he other ;arty is givsa+
(l) .rot less than ten (lo) days writtan notice (delivered by eer:ified
MALI. :eturn receipt requested) of inter.: to termi.atet and
Additional Contract Provisions Attactmeot to Page 1
MCC taterldeal Contract
Approved 11-22-1993
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12) An oppor:un::y foe :oneultaecon vL:a the a:m:a~t:r.;.?!R^l_?skA;._:o
(c) :his contract may be terminated in whole or in par: Ln wrlt:nq by a."
conven:eneet - vtd ".at the PEAYOPAI40 PARTY Ls
f440I413 AGENCY for L.
given not less that ten (to) days wr,%zen nr.ice (deliverad by ceca:Led
mail, return esceapt regvested) o0 invent ca terminate. Circumstances Ln
which the 1UNDI40 AGENCY may terminate for convenience Include, but are
not 1L31ted to, the texas Legislar.re's withdrawal o: apro 'atlans tar
this prOjec:.
(dl If tsrminat£On for default under Sac:ioa (b) at this Article, or for
reductian or loss of Legislative appropriations under Section (a) of this
Ar:lcls is effected by the MM140 AGENCY, an adjustment in the Contract
amount shall be made, buts
(1) No amount shall be allowed for anticipated pr1fL: on unperfo^ed
services, casks or other work; and
121 Any payment due the P!RFOP_Y24G ?ARTY an the else of termination may
be adjusted to the extent of any additional costs occasioned to the
1vN0ING AGENCY by reason of the PERYO MI40 PARTY'S default.
payment ~to the the aPEXIORMING PARTY for tser+Lcesorendered and expenses
incurred prior to the termination, in addition to termination
settlement costs reasonably incurred by the PERFORMING ?ARTY
relacLnq to contracts entered into prior to the termination.
(e) Upon receipt of a termination nocics pursuant to Sections (b) or (c)
move, the PERFORMING ?ARTY shalli
aus all sar+Less affected (unless the notice dissets
(1) Promptly s and
Prom
(2) Deliver or otherwise make available to the FUNDING AGENCY all data,
drawings, speelfieacions, repo rs, estimates, summaries, and such
Other info:aat£on, materials, and equipment as may have been
accumulated by the PIPJOP-141NG PARTY is yerforminq this contract,
E whsthee completed or is process.
(f) Upon termination pursuer.: to Sections (b) or (c) abave, the r'JNOiNG AGENCY
may take over and complete the work by agreement with another parry or
otherwise.
(g) If, after :eryiaation for failure of the P*_RF'OPMING PARTY co fulfill Its
t L an t adjustment is of determined the Contract amount R shall Y
not so failed, be mad* as
provided In Sec- ion (d) of this Article.
(h1 1: any delay or failure of performance £s ev erased under Adele 19 of this
Attachment (roLat£nq to rotes Najeure), the s' at4o AGENCY may In its sots
diseeselan terminate this Contra;. L't whole or Lz Fart. The FWOINO
AGENCY shall give the PERFORMING PUM. not Less than (101 calendar days'
written notice (delivered by eer....ed mull, or overnight delivery
service, return receipt requested) of Intent to terminate and an
apportuni:Y for consultation prim: to termination. If such termination is
effected, an eraLable adjustment shall be made in sacordanes with Seea_on
(d) of :his Ar:iale.
ART:C..a CSANGES Authorized
(+1 RThe 9xacut.1-to epresentative identified in as ord nc Owith At le.'e 11 of this Ataae6^eno
Additional Contract Provisions AttsebAeet C, Pege 3
=Ice Istarleaal Cdotraet
Approved 11-32- N 93
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may, it any .:3e, ay vr:•:en ❑c::f::s:tar, to %..e ?tAr1:P.4::1G i.V.7:. aa'4e
Changes :a '•:s :3ntr1C:.• :f au:h m'an'es Cause an the:mane ar :e:rease
Lei :1e PRRtOMING PAA.V S cost Of, or :rte required far. perfaran:e of
any ser•r:ces under :.`.is Can:ract an equitaole adjustment anal. be made and
this Canttar. small be modified Li wri::ng aecocdingly. Any cla3 of :he
11AFOR4ING PARTY far adjustment under this clause must be asserted in
wrisiuq within air :y (jO) days after the date of receipt by :he
PTAFOILM:NG PARTY of the notification of Change, Unless the Sxecu:: re
OLrsc:ar of the JUND:NG AGENCY or his AuthorLsed Repcesentaclve grants a
further period of C.1-8 before the date of final payment under ehls
Contract.
(b) A Major Change w111 Lnalude one or more of the fallowlhq~
(1) An increase or decrease in the amount of compensation to the
PERFOMING PARTY;
(2) An extensica or shortening of the tax-.3 0.1 the Canzzacz:
(71 A change :a the overall scope of the Contract or co the Scope of
Servieest
(4) Ar.y action that is beyond the authority of the Executive Director or
the Authorised Representative of the FUNDING AGENCY.
(e) Implementation of a Major Change must be preceded by a formal writ:sn
amendment to the Contract. The amendment must contain a description and
justification of the proposed change and the formal signature of bath the
Txecstive Director of the FUNDING AGENCY or his delegate and the
AuthocL:ed Representative of the PLAY OR(i4d PARTY. Any amendment that
will exceed the contractual authority of the Txecu:ive Director of the
FUNDING AGENCY also requires the consent of a majority of Commissioners of
the FUNDING AGENCY.
(d) Any proposed change that is not a Major Change may qualify as a Mino:
Change. Such change ideas net require a formal amendten: ca the Contract.
At his or her diseretLen, the Authorised Representative of the FUNDING
AGINCY may require the PIAYORMINO PARTY to submit. a written request for
the change and a daseripcion of the activity or ae:ien proposed, or may
give the PERFORMING PARTY verbal approval for the Change. In eit.:er case,
no authorisation shall be effective unless it is followed by a Letter from
the Autmarired Representative of the FUNDING AGENCY ratifying the
authorization. A copy of the letter must he retained in the appropriate
file of bath the 11E1F0AMING PARTY and the FUNDING AGENCY.
(a) If the PERFOA14I:44 PARTY -inquests a Miacr Change and the
Av:he:Fred
Representative of the iU:rDINQ AGENCY doom not approve the request as a
Minar Change, then :he Change shall be deemed a Ma jar Change and this
P WOAM:XG PARTY may only obtain autYOrizazlon :o proceed in accordance
with Section (e) of this Ar:ieie.
AATICLS S. ACCOVNTTXG $ISMS
The PIAPOAXINC PARTY shall have an aeeaunti:g system which ae:ounts for costs Ln
accordance with generally accepted accountLAq standards or prlnciples. The
PERFORMING PAR:Y lust propose and account for casts in a manna: eonsiscmnc wl:h
such standards or principles.
AA:ICI.L S. AVDI:, ACCESS TO RECORDS
(a) the P0101W.40 PARTY shall nain:ain and make available for Lnapec:ion,
Audi:, or review books, records, dee•unents, and other evidence directly
Additional Caatract Provisions Attacbaegt~a~ I
MCC taterloeal Cantratt l., ,D gg LL~~
Approved 11.72-1917
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per::r.en: :a porfacr..artee an ai: .a:a ur.dee :hie Csn::ae:, lacl:dinQ
nego::a:ad -~argef ae amenG~en:s :hereto, 1n aC:ardanee 11:1 aetepeed
prafssslanal practice, and appropriate ar_ount:nq proceduref and
prae:Lces, at a Locat:on within Texas as identified in Exhibit l of this
At:ach-na nt. The PERFORMING PARTY shall also make available at this office
the financial information and darn used by the PIAFORMINO PARTY in the
preparation at Support of the project budget submitted :o the MuDING
AGENCY far tnls Contract. The Fm BG AGENCY or any of Its duly authorized
ropnsen:atives, shah' have access to such books, records. documents, and
other 4wLtance fa: the pu:;.ofa of Lnspectian, audit review and, upon
eonfeceaca jL:h the PERFORMING PARTY, copying. All. such Lnforaation shall
k• handled by the audltinq parties In accordance with good business
ethics. ,
(b) Audi%$ Conducted pursuant to this provision shall be in actordanse with
generally accoptad auditing standards and established procedures and
tvidolines of the roviewlnq or audi:inq agency(Les).
)e) Whore the audit concerns the PERFORMING PARTY, the M.01440 AGEN:'t will
affard too PTAFCAMING PARTY an opportunity for an audit exit Corfsrence
and an oppoe:unl:y to comment an ch• p•rtlnent portlons of the drat: audit
report. The :Lnal audit report will Include the writ-con commence, if any,
of the audited parties.
(d) Records under Section (a) above shall be maintained and made available
during performance an work under this Contract and until three years from
date of final payment by the MDI40 AGENCY for the project. In additlon,
those records which colate to any dispute, litigation, or the sottlement
of claims arisinq out of such performance, or costa or items to which an
audit exception has been taken shall bs maintained and made available
until three years after the 'date of resolution of such disputes,
llti;atLons, slaL.as, ar exceptions.
(e) Access to retards if not lisitod to the required eatention periods. the
FVNCING AGENCY and any of its authorised representatives shall have access
to records at any reasonable t:.me for of long as tha records are
maintained.
(f) The r=:110 AGENCY reserves the right to require the reLmbu:sement of any
over-payments deta=ined as a result of any audit or insp•CtLcn of records
kart by :he PERFORMING ?ARTY an work performed under this Contract.
(q) This Article (AUDI:, ACCESS TO RECORDS) must be ineluded in all Contract-
1 funded subeon:_ae:s, Subcontract change arders and subean::ac. Amendments.
ARTICLE 7. SIT•_E SO AND NAMAOEKOM Of EQVIPNLYT An CONSTRUCTED fACIL:.-IIS
(a) Subject to the obligations and conditions set for-%h In this Contract,
title :a all •rsipmon: and/or conseructsd facilities ac:ruired under this
Contract will vest, upon acquisition or Construction, in the PIAFOPLIUNO
PARTY or its FVNDINO AOUCY-appcaved subgranteas (hereafter,
•subgran:aes").
(b) The PERFOMINC PARTY agrees to conduct physical property inventories, to
maintain property records and necessary control procedures, and to provide
adequate aaiatenance with respecs to all equipment and/or conatracted
faci:lties ac;.ii:ed under this Csn:rac:, as sot lor_h below.
(c) The 7IAFCM::10 PARTY =Ay develop and uss its own proper-/ management
system which must conform with all applicable seats and local laws, rules
and regulations. If an adequate system bloc accounain for personal
property awned by the PERFORMING PARTY or its subgrantoo is not in place
or currently in use, the Property Accounting System Manual Lesued by the
Atts •
Cba)~ at
Additlssal Cestraet Provisioes C
'EXILCC Isterloesl Castrae: • 1 Approved 11-12-1997 :7~r4J7r.~jF
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State of :axas Canaral S*rv::ea Ca ^:ss:zn shall ea need as a
estanl:sn:nq such a system.
(d) A phys►:AL Lnv*Atjry of all equipment or przper:y ac;si:ed or replaced
under ehls Contract havtnq an roil:41 purchase price of five nundrsd
`
f dollars ($500{ as macs. shall be conducted no less f:mq':snclf than *tee
aver/ two years and the results a! such inventories cecondlled with the
appropriata property escorts. Property ccat:ol procedures ut=1ited by os
sa[egvars : P
PtRF0Rdf14G PAR:X shall include aGequ to
damage. or :haft of the ac:;slred property. The P&ASOM140 PAATY agrees :z
develop and Carry out a program of Property maintenance as necessary :a
keep both originally acquired and any replaced property LA ;cod corditi:n,
and to utilize pczper males procedures to ensure the highest ;ossLble
catuca, La tSe avant such equipment or prope r y Is said.
(e) All equi;maat and/or constructed facilities acquired or replaced under
this Contract shall be used by the PSRTOMING PARTY, act its subgrantess,
to suppport the purposes of this Cont act, for sa lonq as :he eVipmen: or
fae111.1es are needed foe such puroeem, whether cc not the arigiaal
projects it proq:ams continue to to supported by State funds.
(f) The PERFGAMING PAA:Y, at Its subgrante*, may for the purpasa of raglacinq
various equipment a: facillties utilized under this Contract, al.-her trade
In or sell the equipment act property referred to In tad-.on (a) of this
Article and use the proceeds of such trade-La or sale to offset the Cost
of acquiring needed raplacement pr1;Qcty.
(q) Subject to Sections (h)-(j) at this Article, if no longer needed for t'-*
support of the authorized projects or programs referred to In Sargon (e)
of this Article, *yvipment and/ar property acquired under this Contract,
whether cri7Lna1 or replacement, may be used In support of other
activities Currently or prevlously supported by the FDNDMO AGi4CY, or
Alternatively, may be made available far use an other projects or
programs, pzzvtdiag such other use will net interface with the work an
those projects as programs for which such *qui,sent or facilities were
origiaally ac-N uod or constructed.
(h) tf any *gai;mant or property adqui:sd or replaced under this Contract is
sold of t:ansfe r_ed within fix years of the initiation date of the
Contact, the PZAFORA%40 PAM agrees that the MOING A014CY is entitled
to a share of the proceeds from such sale, provided the fa L: market, per-
unit value of the property at the time of the sale is in excess o: 11.10
thousand dollars ($5,000). The ViNU 4G AGZ4CY'I share of the sale
proceeds shall be the Saxe percentage Al wee the fundinq provided under
this Contract that enabled the Original purchase or a<quislaan of the
property 1h question. Property that is no longer needed and :hat Ms "a
1 tai: market, ;or-unit value of file thousand dollars (S9,000) or less may
be retained, gold, c:ansferred, at otaarwLoe disposed of with na further
obllgatloa to the SNOING AGZ4CY, provided the requirements sec firth in
See:ions (t) and (j) of this Artlele are followed.' tf the prapert*( or
egvipmeat has a fats market, pee-unit value of five thousand dollars
(13.0000) or more and Isms than six years has elaps*d !::m the Lal:iation
of the eant:aet, the PSAYCAX140 PARTY or the subgrantse must concact the
r= :No A014CY for final diaposLtizn Lhstructions.
(11. M prior :a the teraiaatien date of this Contract, the itAioihtl40 PARTY
or Its subgraacess determine that any *,ai,-sweet or cansc::e:ed factli:las
acquired with funds provided as A result of this Contact Is no Langer
needed far support of the przq:axs or projects referred to Ia $ec:ion (a)
Of this As:lele, the VoNDI40 AGOCY may rsgaire the PdAFOMMING PAR:Y to
transfer tide and possession to such equl;ment at movable ccr.etrmeted
faaili:iem to a third, party named by the M0040 AGENCY.
t
Additional contract Frovisicam Attic a; Page $
VMCC taterlaeal Contract SOD
Approved LI.22.1913
310~,-~'
171 he 7E?FOP;IINC PAA:: aS:1e9 if a Ca:e:a.na::on ss sade after '.a:s
C:ntrac: has tsm..natad aa: any equi;mar.t or e:nst:•;etad fac.' .es
ac TjL.-td with fva: provided as a result of t-~:s Con:tae: is no longer
needed for support of t`a proq.ams or projects referred to in Sec:lon {e)
of this Arttc1e, -.!%a fMrIC ACENCY has a right :0 require :he transfer of
any eg';i;ment or Bcv&bLe ConstruCted lactlitiss haviaq a fair market, par
unit value of more than five thousand dollars (53,000) to a thi:i par:/
named by the MN~OCNG AUNCY.
(k) The PERMO W NC ?ARTY shall ncc grant or allow to a third parry a securl:y
Lntecss: IP. ary aelginat or replacement materials, squi;mant, or
factlLtlas pu::r.assd or constricted with funds made available to
PERFORMING ?ARTY under this Cataract.
(1) The 7E7FORMINO PARTY agrees that, In the event any funds provided under
this Con:rac: are in turn awarded to any subq:antso for the purchase or
acquisition of any squi;men_ or constricted lacLlltias, by such ocher
parry, the 2CAICP_II4G PUTY's contract with :hat subq:antae shat: Lne.ida
the requirements set forth in Sections (s) - (k) of this Ar:ielt.
ART:= I. px=IZS
(a) NocwLthatarsdtaq any other terms in this Cont.ac:, or any ac%achnents or
addenda hereto, o: any deeuments c:mprising this Contract, all claims,
Counterclaims, disputes, and other matters L': q%:sseton between the FUNDING
AGENCY and the 7ERFOR.MING PARTY arising out of or relating to this
C.-neract or the brea.h thereof will be decided In a tour: of nzapatent
jurisdiction In the City of Austin, Travis County, Texas.
(b) The parties may agree to submit claims, counterclaims, disputes, and other
matters LA questten between the FUNDING AGENCY and "he PERFORMING PAAT. to
arbitration or mediation, but only by written anenliment to this Contract
signed by both the rUNDINO AGENCY and the PERFORMING PARTY.
ARTICLE 9. E]O LOYl2NT PRACTICES
The PERTOILMNG PARTY ag:eas chat in the per!omance or t11s Cant:acs, Lt wilt mot
discriminate agaLnsn any employee or applleant because of race, religion, color,
sex, age, or national aetgLi and it w111 eoopLy with Exec'ative Order 11216,
entitled 'E~sal Smployrent Op;o ranity", as amended by Executive order 11376, and
am supplemented LA ?spar-=•ant of tabor Regulations {:1tle 41 CTR Par 601. %'e
PERFORMING PARTY assures %nat no person w111, on the grounds of race, ersei,
eolar, handicap, national origin, sex, political afltllation or ballets, be
1 excluded fr:m, be dented the bar.@ o!, or be sunjee: "o disc:imiaatidr. under
~J any program ar act.vlty !.need Ia whole or part under this Contsar..
ARTSC.L 10. AXCRZCAXS W%= DISADILITIZS AC=
The PERFORMING PARTY shall ecmply with all applicable requirements of :he
AmerLcans wish Disabilltiu Act of 19900 Pub Le Law 101-336, 101st Canq:ess, 2nd
Sa ulon, 101 Seat. 32; (July 96, 1990).
ARTICI.3 1L. UTILELITION OF SISTORICALLY UN91CA97ILE:ZD SUSIMSS ('•'r!) LYrz"R2SZS
(a) A Hia:orieally 7rdar;tLlLred 6usinass (M) Is a Ca r;ieacion, Sole
Proprietorship, Par:mership, or Joint Venture in which at lust 91 percent
is owned, operated, cent:dllsd and actively managed by a parson or
parsons who are hisc:rieally undsritl.llsad (socially disadvantaged) because
of their ideneift:aeton wL:h members of cer:aln greupsy inaludinq Olxc%t
Americans, Hispanic Americans, Asian PacifLc Americans, Nactve Americans
Additional Contract Provisions ttsetiaue C ?aqp i
TNRCC Eaterloeal Contract L^
Approved E1-22-1992 )rf 5 J N
-9y
. 3~0~39
7
a
7
171 -he PERFOPl!:NG PAA:f agrees :`a: a dre:a+:nee:on Ls made after •h:s
has :e -:natal area any egsi,rer.t or e:mst :coed fact" .:es
ac;ured with fonds provided as a result of ;nos Can::act is no longer
needed for muppor: of the pcngrams or projects reformed :o In $ac:ion (e)
of this Ar;1Cle, :Ca tV"ING AGENCY has a ri^.ht to reTaLre ;he transfer of
any eTuLpment or movable conatracted fa::li:Lea having a fair market, per
unit vaiu• of more than five thousand doll.ars (15,1001 to a enl:d patty
maned by %ha RENO:NG AGENCY.
(k) The 7ER!0PXIN(: PARTY shall. sot gran% or allow to a third party a seeuri:y
Interest Atn amy ar:ginaI or replacement materials, equipcenc, or
facilivies purcnased or const:lczed with funds made available to
PERFOR.4ING PARTY under this Con-
Z.-Ac:-11) The PIAFOR.42N0 PARTY agrees that, in the event any funds provided under
this Con::ac: are :n tars awarded to any autq:antee for the purchase or
acquisition of any equipment or constructed facilities, by much other
party, %he 2EA1CMINO PARIs contract. with that subg:antes shalt include
the teTuiraments met forth La Sections (a) - (k) of this Art:cie.
ARTICLE B. RDW)ILS
(a) Not+Lthstarding any other to .-s Ln this Can-.:&e:, or any attachments or
addenda hereto, or any dccuments comprising this Contract, all claLms,
cou:;arc:aims, disputes, and other matters Ut Vestion betwesn the FUNDING
AGENCY and the P5RFO0.4I4C PARTY arising out of or relatinq to this
Ccnt:ac: or the breach thereof will be decided in a tour: of competent
jurisdiction Ln :he City of Austin, Travis County, Texas.
(b) The pa_^.lea may agr:e to submit claims, counterclaLms, disputes, and other
matters LA guestion between the FUNDING AGENCY and the PEAFOPL4IN4 PARTY to
arbitration or mediation, but only by written amendment to this Centraet.
signed by both the FUNDING AGENCY and the PTAFOR.4ING PARTY.
AR2ICLt 9. E30LOYKEXT PRACTICES
The 2F,R1ORX=.4G PARTY sq:.ss that In the perfo=anee of this Ccnt:act., to. will not
discrLminata against any employes or applicant because of eats, religion, color,
sex, age, or national cr:gla and 1: will. comply with Executive Order 11246,
eati:l.ed "*-qual Liploy:en: Oppor:_ni:y", as uaended by lxeca:lve Order 11375, and
f as supplemented In 3eparment of :mbar Regulations (Title el CFR Par. 60). The
PERFORMING PARTY assures that no person will, an the grounds of race, armed,
color, handicap, national arLgin, sex, political afflliaticn or beliefs, be
/ excludt,d ft-cm, be denied :he benefit e' or be suojecz to discrLminat:on •+nder
~J any prcgrua Or set ,vl:y funded In whale or par: under this Contract.
ARSI=Z lo. AMERICANS KITS 013A.5ILIT2£3 ACS
The PLRFO,L4I40 PARTY shall comply with all applicable requirements of the
Americans with DLsabLll:Les Act of 1990, Public Law 101-336, 1018t Cang:ess, 2nd
Session, I01 Stat. 327 (.uly 26, 1990).
ARTIC*, L1. tTIIL1I.ITIQN or V1STQRICAL:,Y WMEAUTILISEa aU3INI3S (M) M MRPRISE3
(a) A HLstorlcally anderltiliZed Business IM) is a Ca raration, Sale
P:oprLecsrshLp, Par-asrship, or Joint Venture In which at least 51 percent
is dwred, operated, controlled and actively managed by a person or
perscas who are historically underutilized (socially disadvantaged) because
of their identification with members of certain groups) L.icludLnq Black
Americans, Hispanic Americans, Asian Pacific AmeeLcans, Native Americans
Additional Castract Provisicas ?tt;eha-at C, Pip 6,y1~ /
VMCC taterloeal Caatraet f'S J 9
Approved 11-22-1997 ) r1 fr9yL_ -
r 9y
3~~=fig
k
4 ~
f 8
4
~Ame[ aiM1 Lan/) and women on* sate suffalad :.`.e of facts of
diser Lm Lnat2ry practices Or lLn Llar Lnl L+:auf C:: :ltlneee Ovfr'an:t.. ..-,ey
have no can:roi.
(b) In accordance with FUNDING AGENCY Polley, the PERFORMING PARTY agrees
that, in the event subcontraeors, vendor!, or supPliers are utillrsd
under this C:ntrtc:, It will attempt, by executing to steps suggested in
Section (dl a! this Article, to achieve at least a .h._./ percent (30t)
participation by HUB enterprises in such contracts.
(e) The percentage o: HD3 participation shall be calrilated as a percentage of
the total dollar amount of all subcontracts including those utLlLred for
supply, and/or equipment acquisition. The dollar base does not Lncluds
funds awrded by the PERFORMING PARTY as subgrants to local governments ac
political subdivisions of the State.
(d) If the PE.4FOPMING PARTY fails to achieve ten percent (10%) pariclpation
over the duration of this project, It will demonatrate LA writL.'iq that is
took the Qol:awinq alfi:mative action atepsS
(1) Placed quali!lad small, minority, and women's business enterprises
on clieitation lists)
(2) Assured that such businesses and business enterprises were solicited
i whenever they were potentlal source!;
j
(3) Divided contract-based requirements, when to do so Ls economically
i feallble, into smaller talks or quantities so as to permit maximum
par:Lclpation by such business enterprises)
(4) Established delivery schedules, whore the contract requirements
permitted, which encouraged participation by such business
I enterprisest
(S) Utilized the services and assistance available from the Texas
Natural Resource Conservation Cccmiselon's (MCC) Acquisition and
Compliance HUB Coordinator, the Small sus L^,e a AdministratLon,
(d and/or the HLnority suslaess Development Agency of the Department of
a Camosrce; and
j (4) Required Its subcontractors to take the afli_-aative !tape listed in
k Ubsoc:icas (1) - (S) of this Section.
t~ (st) The PERFOM144 Paves failure to abide by the teams of this Article shall
be grounds for termination of this Contract.
AR22CZi 12. I) "'C7jU PRGPMY
(a) For the purpose of this Ar:icla, •lntelleeteal property' refers tot
(1) Any discovery or Invention for which patent rights may be
acquired;
} (2) Any photographs, graphic designs, plant, dsawings, spec ificatLens,
1 computer programs, technical co;cr:s, operating manuals, or other
edpysi;h:abis macerialsp and
j (3) Any other materials in which iaallec:'.al pr-.;or-.y c.qh-.s way be
obtaiasd.
(b) d9f the lscovsrs, invlen:s, or produces conceives 1 toll c: all /piputs eperyt du ing itle
Additional Contract Provisions At:achseat C, page 7
MCC Laterloeml Coetraet 01LG~1/1
' Approved 13-23.1901
e
Q
course of :a •orx under :.,a Can::ae:, scroll repo:: :nee fact :o :he
rutlo::+c AGVCY.
(C) The PIAFOMM; PARTY may obtain gover:mer.:al pcouc:icn for rights in rho
Lncailea:ual property. 8awevec, the F72rDING ACrMCy heresy reserves a
nonexclusive, royalty-f:se and irravodaole License to use, publish, ar
reproduce the laeelleeraal property for salt ar otherwise, and to
autaa:l:e acnecs to do to. The FUNDING AGENCY also reserves a rayalty-
f:sa nonexclusive, and L_:evocable license to use, publLsh, or :sproduce
for sale or Otherwise, and to authar:re others to use, publish, or
reproduce, for tale or other•Lse Ito :he extent consistent with the rights
of chi:d parties) any LncellectuaL property for which the PIRFORl:r!!G PARTY
obtains r:gh:s with funds received under this Ccntrac:.
(d) In performinq work under -his Conaar:, the PERFORMING PAA.Y shall comply
with all Laws, rules, and regulations relatinq to intellectual property,
And shall na: Infringe an any :hlyd-party's Lntellectual praper:y rights.
It shall hold Vto MOM ACENCY harmless for any claims for lnf:lngement
related to Its work under this Cantraet.
(a) The PERFOMING PARTY shall include provisions adequate to effectuate the
purposes of this Ar:lcle In all subcontracts under this Contract Ln the
Course of which. Intellectual property may be produced or ae~ a'red.
AATICL.L 13. SVSGRANTS AND SUBCONTRACTS
(A) A •subgrant• is an award made by the PERdOP?SISG PART: to another state
agency, local geve::-ea:, or organieatlon to perform work caLated to the
purposes of this Can::act, but not rer,_lred for the PrAroR_4IY0 pAR.Y'S
completion of th• Scopa of 5erricas under this eontracz. eKbgrantees•
are the recipients of such subgrants.
(b) Any subcontractors and outside associates or consultants used by the
PER701WNG ?ARTY in connection with the services covered by the Contrast,
and any subgrantees under this Contract, shall be limited to suca
individuals or firms as were specifLeally identified In Attachment A of
this Contract or as are specifically approved by the Executive Director of
the FUNDING A0I4CY, ar a person Ldenti:Lad In writing as descrL.bed In
Article 14 of this Attachment, during the performance of this Contract.
Any suesti:u:ion Ln Such subccn:rho:ors, associates, or Consultants shall
be sua;ect to the prior wrizzan approval of tha FUNDING AGINCY'S Ixec4t L7e
Director or a person identified is we alaq as descri=ed In Ar..cle 14, and
identified La Exhibit I to this Attachment.
AATICL.S 14. AUTSORIM P"XXSLNTATIYES
(a) The Executive Direr ac of the FONMIC AGr4CY, will Ldentidy a person
authorized -a give direrion to the PERFORMI:G PARTY, and sr on behalf of
the MM MO AGENCY. The person designated as the MCC Authorized
Representative is identified in Exhibit L to this Attachment.
(b) The Executive Olraetor of the FV41)ING AOINCY hereby au:horl:es such
identl:red person to fu rher delegate his or her authority as necexaary,
including any delegation of authority to a FVNDI40 ACr4CY employee who
will tie: as tae FVNO:NG A024CY's authorized Field Representative. Vcit:en
notice of try suca delegaaan seal: be p::vided to the P*-MP_4ING PA.?.Y.
(e) The PIRFCX4:40 PARTY will identify the person authorized to receive
diree:icn frco the MOM AGINCY, to manage the work beLnq performed, and
to act on behalf of the PERTORMLNO PARTY. The person designated as an
Authorized RepresentatLve is identified In rxhLbit 1 co this Attact=eA%.
Additlaaai Contract Provisions A,t't s3! 74
VMCC 3aterleral Caetradt
Approved 11-33-1993
3~~ 6F j
G
5
's
)
(d) T`e PIAFORM:NG PARTY egress :o -lake was-aver arrangemen:a are atcessar/ :o
ensure t-at Ltf Au;aor::ed Rep:efeneaecve, or fameor.e to wrom ;'at person
has delegated his ar her futnor::y, is aveilanle at all :yes for
ezi.sultation with t`e 1UNDVIG AGtNCY. Written ncctee of any such
delegation shall be Provided to the FUNDING ACENCY.
AATIC:.r. 13. DATA AND PVSL:CITY
(a) ALL data and ocher information developed under this Contract shall be
Furnishe4 to the rVND:NG AGENCY and (hall be public data and information
except ca the extent chat Lt is exem;zed from public access by the Texas
Opens Accords Act, W rnon's Tex. Civ. Ann. Art. 6131-17a ("Act'). Upon
cerainatica of this Contract, all data and Lnformation shall became the
property of the FUNDING A0 0cy.
(b) Except as 'atherdLse provided by this Contract, or by the Act, the
PIMPL4140 PAR:: shall not provide data generated oe otheriiss obtained in
the performance of its :sspcnsibili:ies under this Contract to any parry
other than Vto State of Texas and its authorized agents.
(c) Except as othorl provided by this Contest-., the PSRFORKINO PARTY agrees
to notify and obtain the verbal approval of the FUNDING AGENCY prior to
releasing, any information to the news media regarding ',:.he activities being
ecndueced under this Cant:act.
ARTICLE 16. LICENSES, PERM:S AND LAWS
The PERFORKiNG PARTY shall, except as otherwise provided in this Contract, be
responsible for obtainlag any necssaary licensed and perxies, and for ecmplying
with any appliaible fe.'eral, state, and municipal laws, codes and regulations,
in ccanec:ion with the rjrk required by this Contract.
AATSCS.E 17. C2ROY zrrICILNCY STANDARDS
The PERF0;Ui1%(G PARTY shall follow standards and policies on energy efficiency
which are contained in the Texas Stare tnergy Conser7aticn Plan issued in
compliance with the policy end Conservation Act (P.L. 94-163).
j
ARTICLE Lt. ACRNOMLED EKENT Or FINANCIAL SUPPORT
The PIMR14IN0 PARTY shall acknowledge the financial suppar: of the FUNDING
AGVICY whenever work furdad, La whole or par, by &his Contract is publicized or
repo r-si In news media or publieations. All reports and other documents
completed as a par of this Cent:act, other than documents prapased exclusively
fee Liternal organisational use by the PZUOAKZ40 PARTY or within the FDNDINO
A0MY, shall case/ tze following notations on the front cover or title pages
PRLPAAED 1N COOPLRA21oN WX TSt Sib►! NATM=
RES0VR" CONSERVATION COSOQSSION-
I
ART:= IS. roRCE NA.Ttun
i
W A fmrec majsurd even: (hall be Wined to Include decrees of or rese:aints
b4(a gover:3en:al Lmstrumentalityo acts of Cod (except that rain, wind,
t.cod or other natural phenemdna normally expected for %he locality shall
not be construed as ar. Wet of Odd), work stoppages due to labor disputes
Addltiamal CAstract Previsices Attacksemt C, Page 1
MCC Approved ledal CeetcaeR
Appsowd 11 ~j
. ~ } -7f-lif3 i _7 ~j
3 of 9
or strikes. !ices. expLarions. epiesmics, clots. war, tecellicn, and
sacocage.
(b) Sublec: to :he following condL:Lens, and provided this Contract has not
been :era:nated as provided by ArtLcie 3 Sactian (h) of this Attac.aent,
if a delay o: '&-.lure of per!a:1ar.:e by si:her pasty results E::m the
acesc:erce o: a force majeure event, the delay shall be excused and the
time llxed ccmplGC'ZA of the work extended by a period equivalent to
the ZL-e lost because of the event if, and to the extent that:
(11 the delay or failure was beyond the control of the party affected
and not due to Lts Paul: or negllgencet and
(21 the delay or failure was not extended because of the a!!ac.ed
paz:7'1 !allure to use all diligence to overcome the obstacle or to
:eeume per!ormance _rmedtatety a!oar the obstacle was overcome.
(c) No tit+e extension shall be granted under this Article unless the party
looking relief has notified the ocher in writtng within ten (10) calendar
days of the :L.:a of commencement of the event, of the anticipated length
and cause of the delay, the measures take or to be taken to mini
in mite the
delay, and the timetable by which implerant these measures. The party aeekinq relic! shall. also give
written notice o! the ending of the even: within ten (10) calendar days
altar the event has ended.
with it,
burden ro! prow ? 4 a for the party event has occur ed er this Article,
(d) the the
and no extension shall be granted unless the MOING AGENCY agreem'the
c ='.-rence conati:utes a farce mayeu:e event, which agreement may not be
unreasonably wi:hneld.
(e) The it3N M AGENCY shall be respenslble only for costs incurred by the
PERFORMING PARTY after the price written request by the Ixotutive
OLrectar, or his authorized rep n tae Neither the MUM aGIYOY nor
ton with an .orce ma ouzo eve
j
eonnee. TNC ?.v ■hall have, and bosh herby ware, any clam whatever
he PIRFORY. I
t
for any damages resulting lr..-m delays caused by force majeure events.
(f) In no even: shall this Article lessen or modify the MINDING AGENCY'S
rights as set out elsewhere Lot this Contras:. k
Aux= 20. WAIVER
Unless authorised in accordance with Article 4 of this Attac!meet (relatinq to
Changes), or in wtitiaq by the Executive Director of she r=40NG AGENCY, no
waiver a[ any obligation of the PIMR4140 ?ARTY under this Contract shall bind
the Commission. Iur;hor-ore, unless specitled in the written authorization, the
authorized waiver by the Executive Olrector of such obligation shall not
constitute a con:LauLnq waiver of the obligatian. No waiver by the Executive
Director shat: constL:u:e a waiver of :he CceALssionl.s subsequent right to demand
aCOmmis lone LI Dad-arse wish ALL pcov~sienseo! o.-4 to etas Coneeae pecllLed by the
AM%= 21. VNIFORM dPJ% T AND CONTRAC1 NANAGE]= ACT i
The provisions of :hs "VnLa:a Grant and Cor.::ac: Management Ac-.0, TE% GOVT COOE
ANN, S783.001 at saq (Ver-on, 1992) apply to this Contract. Camplianee with the
a eth ssr+ieoo and contained week re,uled under necessary this Con raat,satlsEae:try
condt%ions a,
performance of
'u_sost C, lags 10
additional o lsovisLoe■ Attae
tNlltC Esterloc&leeaL Cetitraet ) ~-}F /'r
approved 11-22-1993
I
f ARTICLE 33. HOTICS
Any notice or at.sr +r:::~n communication shall be considered delivOced tsrs• M
days after the date postmarked, pcovLded such notice or written ea+rmun:.cation is
sent by ce::ified sail, return receipt requested, or delivered in person the
authorised sepses entacive of the parr/ speeifiad as described in Artlele 14 this
At:achw.ent.
AATICI* 23. SZ WNGS
The head£.^.gs t: sections contained in this Contract are for eonveeiance and
referenee only and La no way define, describe, extend or Limit the scope or
intent of :he substantive provision to which the heading applies unless the
context so requirss.
ARTICLE 34. ORDER or PRSrZREMCS
Oaless otherwise stated, a Listinq of factors, criteria or subjects in this ;
Contrac: does not constitute an order of preference.
ARTICLE ZS. SEYERAEILITY
IL any provision of this Contract is held invalid, such invalidity shall not
affect any other provision which can be given effect without the invalid
provision, and to this and the provisions of this Contract are declared to be
sevecabLe.
ARTICLE 36. ASSIGHASILITY
Any at:smptad assignments cr other transfer of this Contras. by PSAYORHING PART
without the written consent of the ►OHDING AGENCY shall be voLd.
ARTICLE 37. ENTIRE CONTRA=
` This Contract (inelndiaq "a document entitled Intsrlceal Contract, and
Attachscentr A - C thereto 'and all referenced Exhibits) represents the entire
Cantraet batween the a:nsrar inq parties and supersedes any and all prior
coneraets between the pacies, whether written or oral.
ARTICLE ii. AJCLYDMMS
Any amendments, modifications or supplements to this Contract shall be In writing
and shall be signed by both parties in accordance with Article ♦ of this
a, ACtichment,
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Additional Contract Provisions Attachaeet C, page 11
=MCC taterlocaL Caatraee
Approved 11-23-1093
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EXHIBIT 1
TO ATTACMU24T C
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DESIGNATION OF AUTHORIZED REPRESENTATIVES
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EXHIBIT 1
TO ATTACHMENT C39039
DESIGNATION OF AUTHORIZED REPRESENTATIVES
AND
DESIGNATED LOCATION FOR RECORD ACCESS AND REVIEW
1. DESIGNATION OF AUTHORIZED REPRESENTATIVES
(al The Executive Director of TNRCC hereby designates the
individual named below as the person authorized to give
direction to the PERFORMING PARTY as an Authorized
Representative of the FUNDING AGENCY:
Kitty Coley, Composting Program Manager
Office of Pollution Prevention and Recycling
Texas Natural Resource Conservation Commission
P. 0. Box 13087
Austin, Texas 78711-3087
i (b) The PERFORMING PARTY hereby designates the individual named
f below ac the person authorized to receive direction from the
FUNDING AGENCY, to manage the work being performed, and to act
on behalf of the PERFORMING PARTY as an Authorized
` i Representative:
3 Cecile Carson, Community Improvement Coordinator
Beautification, Planning, and Development Department
City of Denton
215 East McKinney Street
Denton, Texas 76201
2. DESIGNATED LOCATION FOR RECORD ACCESS AND RSVIEX
Beautification, Planning, and Development Department
City of Denton
215 East McKinney Street
Denton, Texas 76201
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CITY COUNCIL REPORT FORMAT We
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TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Ordinance authorizing assignment pay
RECOMMENDATION: Present to Council for approval the assignment pay
for fire department employees.
SUMMARY: Assignment Pay is authorized for Fire Fighters serving in
"specialized functions" according to Texas Local Government,
Chapter 143.042: Assignment Pay.
BACKGROUND:
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
This program will allow us to maintain greater control and
increase the cAerall efficiency of our department.
FISCAL IMPACT:
I There is no fiscal impact other than that programmed into
our budget.
U RESPECTFULLY SUBMITTED:
Lloyd Harrell
City Manager
Prepared by:
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Approved:
Name'
Title John L. Cook
1633C/F3 ire Chief
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT
EMPLOYEES IN THE CLASSIFICATION DRIVER WHO ARE ALSO ASSIGNED TO
PERFORM THE DUTIES OF MAINTENANCE/LOGISTICS OFFICER; AND PROVIDING
AN EFFECTIVE DATE.
WHEREASr Section 143.042 of the Local Government Code authorizes
a municipality to pay assignment pay which is in an amount and is
conditions set by ordinance; and
payable under
WHEREAS, the City Manager and Fire Chief having recommanded that
the fire department employee in the classification driver who is
assigned to perform the duties of maintenance/ logistics officer
should receive assignment pay of Five Hundred Twenty-five Dollars
and Seventy-four Cents ($52L.74) per month; NOW, THEREFORE,
j
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Fire Department employee classified driver
who is assigned to perform the duties of maintenance/logistics
officer shall receive assignment pay of Five Hundred Twenty-five
Dollars and Seventy-four Cents ($525.74) per month in addition to
the regular monthly salary of driver.
! SECTION II. That this ordinance nhall become effective immed-
{ lately upon its passage and approval.
PASSED AND APPROVED this the day of , 1994.
BOB CASTLEBERRY, MAYOR
I ATTEST:
I JENNIFER WALTERS, CITY SECPETARY
BY., APPROVED AS TO LEGAL FORM: Y
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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CITY COUNCIL REPOQT FORMAT Lhle
TO: Mayor and Members of the City Council
FROM: Lloyd Y. Harrell, City Manager
SUBJECT: ordinance authorizing assignment pay
RECOMMENDATION: Present to Council for approval the assignment pay
for fire department employees.
SUMMARY: Assignment Pay is authorized for Fire Fighters serving in
"specialized functions" according to Texas Local Government,
Chapter 143.042; Assignment Pay.
BACKGROUND:
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
This program will allow us to maintain greater control and increase the
overall efficiency of our department.
FISCAL IMPACT:
There if no fiscal impact other than that programmed into our budget
RESPECTFULLY SUBMITTED:
i
Lloyd Harrell
City Manager
Prepared by:
t ame James R. Thomason
it Ia Deputy Fire Chief
Approved:
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Name 'John L. Cook
Title ire Chief
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT
EMPLOYEE IN THE CLASSIFICATION OF CAPTAIN WHO IS ALSO ASSIGNED TO
PERFORM THE DUTIES OF EMS PROGRAM MANAGER: AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 143.042 of the Local Government Code
authorizes a municipality to pay assignment pay which is in an
amount and is payable under conditions set by ordinances and
WHEREAS, the City Manager and Fire Chief having recommended
that the Fire Department employee '.n the classification of Captai^
who is assigned to perform the tiuties of EMS Program Manager should
f receive assignment pay of Three Hundred Eighty-three Dollars and
Seventy-one Cents ($383.71) per month; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Fire Department employee classified as
Captain wLa is assigned to perform the duties of EMS Program
Manager shall receive assignment pay of Three Hundred Eighty-three
j Dollars and Seventy-one Cents ($383.71) per month in addition to
the regular monthly salary of Captain.
SECTION II. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the lay of , 1994.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
F BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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Denton Police Department
221 N. ELM
DENTON. TEXAS 76201
TO: MAYOR BOB CASTLEBERRY
MAYOR PRO TEM MARGARET SMITI
COUNCIL MEMBER MARK CHEW
COUNCIL MEMBER HAROLD PERRY
COUNCIL MEMBER JERRY COTT
COUNCIL MEMBER EULINE BROCK I
COUNCIL MEMBER JACK MILLER
FROM: SGT. LOYD BURNS
DATE: APRIL 8, 1994
t SUBJECT: AMENDING ORDINANCES
The Police Department has recently started a K-9 Unit which will be functional and certified
sometime in September, 1994.
We respectfully request an ordinance amending Sections &9 and 6.31 of the Code of Amending Section 6.9 will allow us to work or train the animals off leash.
Section 6-31 requires
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animal registration and a fee for the same. Our requested amendment will exempt us fr om the fee i
only, not the registration.
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Sgt. Loyd Bums
a ' Criminal Investigations
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON? TEXAS, AMENDING PORTIONS OF
CHAPTER 6, ARTICLE I, SECTION 6-9 OF THE CODE OF ORDINANCES
RELATING TO DOGS RUNNING AT LARGE AND SECTION 6-31 RELATING TO
REGISTRATION FEES; PROVIDING AN EXCEPTION TO THE LEASH REQUIREMENT
FOR THE WORK AND TRAINING OF POLICE CANINES; PROVIDING AN EXCEPTION
TO THE REQUIREMENT OF PAYMENT OF REGISTRATION FEES FOR POLICE
CANINES; PROVIDING FOR A REPEAL OF ANY ORDINANCE IN CONFLICT THERE-
WITH; PROVIDING FOR A SEVERASILITY PROVISION: PROVIDING FOR A PEN-
ALTY IN THE MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS OF THE PROVI-
SIONS HEREOF, PROVIDING FOR A DEFINITION OF POLICE CANINE; ANC
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS:
GFCTION I. That Sec. 6-2 of Chapter 6 of the Code of
Ordinances, Denton, Texas, is hereby amended to include the
following definition:
Police Canine means any dog trained or being trained for law
{ enforcement purposes which is under the care, custody, and
control of officers of the Denton Police Department.
SECTION II. That Sec. 6-9 of Chapter 6 of the Code of
Ordinances, Denton, Texas, is hereby amended to read as follows:
t { sea. 6-9. Animals Running at Large - Prohibited.
No person shall permit any animal to run at large. However,
j this section shall not apply to any work or training of any
police canines.
&f CTION_III. That Sec. 6-31 of Chapter 6 of the Code of
Ordinances, Denton, Texas, is hereby amended to read as follows:
Sec. 6-33. Registration and Identification of Dogs and Cats.
(b) Procedure and The owner of a dog or cat required to
f be registered herein shall register such animal each year on
forms provided by the animal control officer. Each animal to
be registered must have a current rabies vaccination certifi-
cate. The registration fee for each animal shall be estab-
lished by the city council and on file in the office of the
j City Secretary. Owners who submit written proof, satisfactory
to the animal control officer, that the animal to be registered
is incapable of procreation shall be charged a fee established
by the City Council and on file in the office of the City
Secretary. There shall be no registration fee for any police
canine.
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SECTION IV. 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 t`-is ordinance are hereby repealed to the extent of any such
conflict.
SECTION V. If any section, subsection, paragraph, sentence,
clause, phrase or word in this ordinance, or application thereof to
any person or circumstance is held invalid by any court of com-
petent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance, and the City Council of
the City of Denton, Texas, hereby declares they would have enacted
such remaining portions despite any such invalidity.
SECTION V. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$200.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense. j
UMION VI. That this ordinance shall become effective immed-
iately upon its passage and approval.
i
PASSED AND APPROVED this the day of , 1994.
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BOB CASTLEBERRY, MAYOR
ATTESTS
JENNIFER WALTERS$ CITY SECRETARY
BY2
APPROVED AS TO LEGAL FORM=
DEBRA A. DRAYOVITCR, CITY ATTORNEY
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CITY COUNCIL REPORT FORMAT Date
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DATE: April 11, 1994
TOt Mayor and Members of the City Council
FRONI Lloyd V. Harrell, City Manager
SUBJECTi
R!+H++SHDATIOH t
approve ordintance authorizing
expenditure of $74,500 for rthe U.S. 33BO righteofnwayo contribute funds
~SUMM AYISACRGR L'
The Texas Department of Transportation (TxDOT) is developing plans to widen and
improve U.S. 350, from Loop 468 to U.S. 377, north. The highway will be expanded
with the cis the standard agreement the
to a six lane for facility with cleft turn lane. This participation
TxDOT requires
PROG°1Va DEP RTf~HTB OR GROUPS AFFECTEDI
Bond funds (1983) will be utilized for this disbursement The Utility Department
in during
ythhave some utilities to be e near future). Citizenslandtbusinesses iwillebe incopnvenienceds
construction.
~ac~L IMPACT
Ten percent (10%) of estimated right-of-way coat and any utility relocation
needed.
RESPECT TULLY SUBMITTEDI
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City Manager
Prepared byt
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Right-of-Way
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREE-
MENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANS-
PORTATION FOR ACQUIRING NECESSARY RIGHTS OF WAY FOR A HIGHWAY
PROJECT ON LOOP 288; AUTHORIZING THE EXPENDITURE THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAIN!,:
SECTION I. That the Mayor is authorized to executo an Inter-
local Agreement to Contribute Funds between the City of Denton and
the Texas Department of Transportation for acquiring necessary
rights of way for a highway project on Loop 288, under the terms
and conditions contained in said Agreement, which is attached here-
to and made a part hereof.
SECTION 11, That the City Council hereby authorizes the
expenditure of funds in the amount of $74,500.00 for acquiring of
f said rights of way, as specified in the Agreement.
SECTION III. That this ordinance shall become effective immed-
iately upon its passage and approval.
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PASSED AND APPROVED this the day of , 1994.
BOB CASTLEBERRY$ MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SEE=TARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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Texas Department of Transportation
P.O. 130X x367 a DALLAS, TEXAS 75221.3067 (214~~ 320.6100
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March 8, 1994 ,
Denton County
CSJ 0135-10-024
ROW 8018-1-
U•S. Highway 380 From: Texas Loop 288
To: U.S. Highway 377, North
Mr. Lloyd V. Harrell
City Manager
City of Denton
215 East McKinney y~4
Denton, Texas 76201
tel.
Dear Mr. Harrell: r__
We are pleased to inform you the Texas Transportation Commission
has approved the subject project for development. From meetings
with your staff it is our understanding that the City of Denton is
to be the local public agency providing local funding for the
project within the city limits of Denton. The project is listed in
the 1994 Project Development Plan under National Highway System,
Mobility Projects and has a Level of Authority sufficient to
i proceed to right of way acquisition.
_J 1 Under our alternate procedure for right of way acquisition as
discussed with your staff, the Texas Department of Transportation
$ will handle the acquisition of all right of way provided the City
of Denton will advance to this Department a sum equaling 104 of the
estimated cost prior to the initiation of acquisition. Based on
the requirements for additional right of way shown on the attached
maps, we estimate the total cost of right of way and eligible
utility adjustments for the portion of the project within the City
of Denton will be $7450000.00. The Texas Department of
Transportation will begin work on the project as soon as the City
executes the enclosed Agreement to Contribute Funds (City Form),
remits a check to us in the amount of $74,500.90 to cover the
i' City's 104 share, and final approval is received from our
administration in Austin.
It is requested that (3) copies of the Agreement, each with
original signatures, be returned to us together with the City's
check for the above amount payable to "Texas Department of
Transportation". Additionally, a grant of signature authority for
the person executing the Agreement is requested.
P
An Equal OpWWNY ErroirY r
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You are reminded that in the event the right of way costs should
exceed the stated amount, we will require the City to pay its 103 n the are Telessa t and the nestimated amount Sethe Texas eDepartment sof
ion will refund the City's 103 share of the difference.
Transportat
Please contact Harlan E of further assistance. if there are
questions or if we may
Sinc ly,
„games Huff n, P.E.
Distr It Engineer
Enclosures ,
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Form D-15.129 Rev. 9/91
Agreement to Contribute Funds L(-_
(City Form) s~ 7S
THE STATE OF TEXAS J Contract No.
COUNTY OF TRAVIS J County Menton
Federal Project No.
CS7 No. M 35-1 n-
ROW Account No. Ant A-1-
This Agreement by and between the State of Texas, acting by and through the Texas Department of
Transportation, hereinafter called the State, and - The City of Menton ,
Texas, acting by and through its duly authorized official under Ordinance dated the
day of 19- _ , hereinafter called the City, shall be effective -
on the date of approval and execution by and on behalf of the State.
WHEREAS, the State has previously requested the City to enter into a contractual agreement
and acquire right of way for a highway project on Highway No. u. s. 380 with the
following project limits:
Rom: _ Texas Loop 288
To: U.S. 977, North and
WHEREAS, the City has now requested that the State assume responsibility for acquisition of
all necessary right of way for said highway project; and
WHEREAS, the City desires to voluntarily contribute to the State funds equal to ten (10) per-
cent of the cost of the said right of way for the proper development and consimctIon of the State
Highway System;
NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be
derived therefrom, the City shall contribute to the State an amount equal to ten (10) percent of the
cost of the right of way to be acquired by the State and shall transmit. to the State with the return
of this agrerrnent, duly executed by tha C1ty, a warrant or check payabSe to the Texas Depul ment
of FrIa Uen ItamountdrrA .red unllA~plli~g
(__which coat of the right of way.
Hof it is fothat this obligation, then the City.
of the Ste, will famount as Is requested
e. Upon completion of the highway project arid fn the evt':tt the total amount as paid by
the Cmore than ten (10) petrmt of the actual coat of the right of way, any excess amount
will be returned to the City by the State. Cost of the right of way acquired by the State shall
mean die total value of corarnsation paid to owntaa, including but not limited to utility owners,
for their property interests either through negotiations or eminent domain proceedings.
CITY OF nrMTA J , TEXAS EXECMON RECONMMM:
By.
Mayor District Faliaeer
THE STATE OF TEXAS
ATIE.ST: Certified as being exacmed for the purpose and dfho of
activating and/or carrying rim the ode.. od"shad
policies a wort ptagrama tteeatofara appmvad and
awhorind by tha Teaser Transportation Coauniasion
under tin authority of ?&vM Order
By:
Director of Right of Way
Date:
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ORDINANCE NO.
AN ORDINANCE NAMING A PUBLIC PLAYGROUND IN SOUTH LAKES PARK; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton has designated a public playground
within South Lakes Park; and
WHEREAS, Friends of South Lakes Park have recommended to the
Parks and Recreation Advisory Board the names of Eureka[, Fun-Da-
Mentals, Kids Work, and Mathpaths for consideration; and
WHEREAS, the Parks and Recreation Advisory Board recommends to
the Council the names of Eurekal and Kids work for Council's con-
sideration; and
WHEREAS the City Council has determined that it would be proper
and fitting to name the playground , and wishes to
recognize the children of Denton who submitted the names; NOW,
THEREFORE,
k THE COUNCIL OF THE CITY OF DENTON HEREBY ORDINANCE.
I` SECTION I. That the public property acquired for playground
purposes located in South Lakes Park shall now and hereafter be
! known and designated as
SECTION II. That this ordinance shall become effective immed-
iately upon its passage and approval.
1
PASSED AND APPROVED this the day of , 1994.
i
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE ELECTION
PRECINCT DESIGNATIONS ESTABLISHED BY THE COMMISSIONERS COURT OF
DENTON, COUNTY, TEXAS CONTAINED IN THE VOTING DISTRICTS FOR THE
CITY OF DENTON TO REFLECT THE NEW PRECINCT DESIGNATIONS THAT HAVE
BEEN ADOPTED BY D£NTON COUNTY, TEXAS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the four single member districts of the City of
Denton are composed by reference to election precincts designated
by the Commissioners Court of the County of Denton, Texas; and
WHEREAS, the County of Denton recently changed the designa-
tions and size of some of its election precincts which may cause
voters in the upcoming City General Election to be confused as to
which single member district they reside in even though the
boundaries of such Districts have not changed; and
WHEREAS, voters may more easily determine which single member
district they reside in if the existing designations fpr county
precincts in the City's single member districts are amended to
reflect the newly approved pre-inct designations; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The City of Denton, Texas is hereby divided into
four (4) single member geographic election districts. Such single
j member geographic election districts are hereby created and
described as follows:
DISTRICT 1. Single member district number 1 includes the
following Denton County Texas, election precincts as estab-
lished by the Commissioners Court of Denton County, Texas:
s
1. All of precinct 421.
2. That portion of precinct 111 lying north of Interstate
Highway 35E.
3. That portion of precinct 406 lying east of Avenue E and
nor'.h of Eagle Drive.
4. That portion of precinct 410 lying north of Eagle Drive
and east of Bernard Street.
5. That portion of precincts 416 and 424 lying within the
City of Denton.
6. That portion of precinct 418 lying north and west of
f Audra Lane and east and south of Mingo Road.
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DISTRICT 2. Single member district number 2 includes the
following Denton County, Texas election precincts as estab-
lished by the Commissioners Court of Denton County, Texas:
1. All of precincts 106, 116, 407, and 426.
2. That portion of precincts 102, 1041 10!, 115, 417, and
419 lying within the City of _ar.ton.
DISTRICTT . Single member district number 3 includes the
following Denton County, Texas, election precincts as estab-
lished by the Commissioners Court of Denton County, Texas:
1. All of precincts 404, 405, 408, 409, and 420.
2. That portion of precincts 401, 4020 4031 423, and 425
lying within the city of Denton.
3. That portion of precinct 418 lying north of Mingo Road.
DISTRICT 4. Single member district number 4 includes the
following Denton County, Texas election precincts as estab-
lished by the Commissioners Court of Denton County, Texas:
16 That portion of precincts 103, 108, 301, 412, 414, 415
lying within the City of Denton.
2. That portion of precinct 111 lying south of Interstate
Highway 35E and within the City of Denton.
3. That portion of precinct 406 lying west of Avenue E and j
south of Eagle Drive.
4. That portion of precinct 410 lying south of Eagle Drive
and west of Bernard Street.
i
5. That portion of precinct 118 lying north of Shady Shores
Road lying within the City of Denton.
SECTION II. This ordinance shall become effective from and
after the date of passage.
PASSED AND APPROVED this the day of ,
1994.
rl
BOB CASTLEBERRY, MAYOR
PAGE 2
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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ORDINANCE NO.
AN ORDINANCE APPROVING AMENDMENT NO. 2 TO AN AGREEMENT BETWEEN THE
CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL DISTRICT RELATING
TO HOLDING THEIR ELECTIONS JOINTLY IN THE ELECTION DISTRICTS THAT
CAN BE SERVED BY COMMON POLLING PLACESk AND PROVIDING FOR AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECT- I_ ON I That the Mayor and City secretary are hereby
authorized and directed to execute and attest, respectively, to
Amendment No. 2 to an Agreement executed on January 17, 1989
between the City of Denton and the Denton Independent Schocl
District relating to holding their elections jointly in the
underithe d teistricts that can be served by common and conditions being contained in said Agreement,
which is attached hereto and made a part hereof.
SECTION iI That this ordinance shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the
' day of 1994.
I j
Il { BOB CASTLEBERRY, OR
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ATTESTS
JENNIFER WALTERS, CITY SECRETARY
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BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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AKENDUNT 110. 2 TO AORSEKENT SETWESN THE XAS CI IYNDSP ~N SCHOOL DAISTRICTT XNTOK
WHEREAS, on January 17, 1989, the City of Denton, "Owner", and
the Denton Independent School District, "DISD"; entered into an
the
agreement, the "Agreement", to hold their elections jointin
and
election districts that can be served by common polling places;
WHEREAS, the County of Denton has changed the precinct
designations set forth such amended
nec ssitated Zan
1990 (Amendment No. 1)) , ,
additional amendment to Article I of the Agreement and the repeal
of Amendment No. 1; NOW, THEREFORE,
W I T N E S S E T H:
ARTICLE I.
polling places.
The arties agree to election precincts that canhbed setheir rved by elections
215dEafor both entities b st McKinney, Denton,iTexas icia Is
City Hall conducted
at the D ntn shall
Election Districts and their respective polling places shall be as
follows:
Li A. District one shall include the following County election
precincts and those voters residing within the following listed
recincts shall vote at the Martin Luther King, Jr. Recreation
P
Texast
Center, 1329 Morse Strestj Denton,
1. All of precinct 421.
2. That portion of precinct 111 lying north of Interstate
Highway 35E.
3. That portion of precinct 406 lying east of Avenue E and
north of Eagle Drive.
4. That portion 8of precinct 410 lying north of Eagle Drive
west of
and e 5. That portion
and c south of lying Migo north Road.
east precinct
Audra Lane and
6. That portion of precincts 416 and 424 lying within the
City of Denton.
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71lIENCITTYY 110. ATEXAS AIM DENTO THE
INDEPENDENT SCHOOL DISTRICT
WHEREAS, on January 17, 1989, the city of Denton, no ner" nand
the Denton Independent School District, "DIED"; entered int an in the
election tdistrictsrthatncan be served by common pollingiplaces; and
WHEREAS, the County of Denton has changed the precinct d on March designations set forth in such Agreement a haven neecessitated an
1990 (Amendment No. 1), which changes additional amendment to Article I of the Agreement and the repeal
of Amendment No. 1; NOW, THEREFORE,
W I T N E S S E T H:
ARTICLE I.
The parties agree to hold their elections jointly in the
election precincts that can be served by common polling places.
Early voting shall be conducted for both entii.ies by City officials
at the Denton y Hall,
Election Districts and their respective ipolling Denton, shall be as
follows:
A. District One shall include the following county election
precincts and those voters residing within the following rlisted
precincts shall vote at the Martin Luther King, Jr. Rec
/ Center, 1329 Korea Street, Denton, Texas:
1. All of precinct 421.
2. That portion of precinct 111 lying north of Interstate
Highway 35E.
3. That portion of precinct 406 lying east of Avenue E and
north of Eagle Drive.
4. That portion of precinct 410 lying north of Eagle Drive
and east of Bernard Street.
and c south of Mingo north Road. west of
5. That Lane portion and easprecinct
Audra
6. That portion of precincts 416 and 424 lying within the
City of Denton.
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B. District Two shall include the following County election
precincts and those voters residing within the following listed
precincts shall vote at Fire station No. 41 2110 Sherman Drive,
Denton, Texas:
1. All of precincts 106, 116, 407 and 426.
2. That portion of precincts 102, 104, 1050 115, 417, and
419 lying within the City of Denton.
C. District Three shall including the following County
election precincts and those voters residing with the following
listed precincts shall vote at the North Lakes Recreation Center,
2001 W. Windsor, Denton, Texas:
1. All of precincts 404, 405, 4081 409, and 420.
2. That portion of precincts 402, 403, and 423 lying within
the City of Denton.
3. That portion of precinct 418 lying north of Mingo Road.
D. District Four shall include the following County election
precincts and those voters residing within the following listed
precincts shall vote at the Denis Park Recreation Center, 1001
Parvin, Denton, Texas:
1. That portion of precincts 103, 108, 301, 412, 414, and
415 within the City of Denton.
2. That portion of precinct 111 lying south of Interstate
Highway 35E and within the City of Denton.
3. That portion of precinct 406 lying west of Avenue E and
south of Eagle Drive.
4. That portion of precinct 410 lying south of Eagle Drive
and west of Bernard Street.
5. That portion of precinct 118 north of Shady Shores Road
within the City of Denton.
E. The voting precincts located within the boundaries of the
Denton Independent School District and not within the city limits
and their respective polling places are hereby designated as
follows:
1. Precincts 103, 1080 1110 118, 300, 3010 303, 3190 412,
4149 415, 416 and 424 - Denis Recreation Center.
r
2. Precincts 101, 102, 104, 1051 1150 402, 403, 417, 419 and
423 - Firestation No. 4, Sherman Drive.
f
PAGE s
v.
a_ J65
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B. District Two shall include the following County election
precincts and those voters residing within the following listed
precincts shall vote at Fire Station No. 4, 2110 Sherman Drive,
Denton, Texas:
1. All of precincts 106, 116, 407 and 426.
2. That portion of precincts 102, 104, 105, 1150 417, and
419 lying within the City of Denton.
C. District Three shall including the following County
election precincts and those voters residing with the following
listed precincts shall vote at the North Lakes Recreation Center,
2001 W. Windsor, Denton, Texas:
1. All of precincts 404, 405, 4080 409, and 420.
2. That portion of precincts 402, 403, and 423 lying within
the City of Denton.
3. That portion of precinct 418 lying north of Mingo Road.
D. District Four shall include the following County election
precincts and those voters residing within the following listed
precincts shall vote at the Denia Park Recreation Center, 1001
Parvin, Denton, Texas:
1. That portion of precincts 103, 1080 3010 412, 414, and
415 within the City of Denton.
2. That portion of precinct 111 lying south of Interstate
Highway 35E and within the City of Denton.
3. That portion of precinct 406 lying rust of Avenue E and
south of Eagle Drive.
4. That portion of precinct 410 lying south of Eagle Drive
and west of Bernard Street.
5. That portion of precinct 118 north of Shady Shores Road
within the City of Denton.
E. The voting precincts located within the boundaries of the
Denton Independent School District and not within the city limits
and their respective polling places are hereby designated as
follows:
1. Precincts 103, 108, 111, 118, 3000 301, 3031 319, 412,
414, 4150 416 and 424 - Denia Recreation Center.
2. Precincts 101, 102, 104, 105, 1351 402, 403, 417, 419 and
423 - Firestation No. 4, Sherman Drive.
PAGE 2
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ARTICLE II.
In all other respects, the terms and conditions of the
Agreement, as executed by the parties on the 17th day of January,
1989 remain in full force and effect.
Executed this day of , 1994.
CITY OF DENTON, TEXAS
w
8YsBOB CASTLEBERAY, MAYOR
s ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY:
APPROVED AS TO LEGAL FORM:
r DEBRA A. DRAYOVITCH, CITY ATTORNEY
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CITY of DENTON, TEXAS MUNICIPAL BUILDING I DENTON, TEXAS 76201 / TELEPHONE (817) 566.8307
Office of the City Manager
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
< l
FROM: Lloyd V. Harrell, City Manager
DATE: April 15, 1994
SUBJECT: Ordinance Adopting City of Denton Logo and Flag
RECOMMENDATION:
Z
Staff recommends the adoption of this ordinance.
BACKGROUND:
On April 5, Council was briefed regarding the adoption of an
official City of Denton flag. At that time, Staff reported that
there had been no previous attempt to formally adopt an official
flag. Following the briefing, council directed staff to develop
an ordinance formally adopting an official city of Denton Logo and j
Flag.
fif
Essentially, the Logo remains unchanged in form yet reflects a red, I
white, and blue theme. The Flag incorporates the City of Denton
logo and utilizes the same red, white, and blue theme generally
associated with the United States and State of Texas flags. The
Flag will be 3' by 51 and composed of a poly dura material. This
composition is more durable than polyester, nylon, or cotton based
flags. Additionally, ADENTON, TEXAS" will be placed underneath the
logo and should be easily seen at a dista ce.
All existing City of Denton equipment, material, supplies, and
flags will reflect the new color theme in the logo with the
adoption of the ordinance. Current supplies including stationery,
business cards, and promotional materials will be used prior to
implementing the new design.
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PROGRAMS. DEPARTMENTS, OR GROUPS AFFECTED:
All Departments within the City of Denton.
Tt',a "Dedicated to Quality Service"
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FISCAL IMPACT:
Costs associated with the City of Denton Flag involve an initial
set up charge for the color theme and a cost per number of flags
ordered. There are 14 locations where flags can be displayed
including the Denton Municipal Complex. Of the 14 locations, the
City Hall, DMC, Library, Senior Center, MLK Recreation Center, and
Fire Stations 1, 31 5, and 6 could accommodate the new Flag.
The cost to purchase flags for each location total $259.65 or
$28.85 each. The set up charge is $120.00. Total estimated cost
for the project is approximately $400.
Please advise if I can provide additional information.
RESPECTFULLY SUBMITTED:
Lloyd V. Harrel
City Manager
Prepared By:
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Jose Portugal
Assistant to the City Manager
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CITY of DENTON, TLXASi MUNICIF.?L BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8307
Office of the City Manager
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
DATE: April 1, 1994
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 to adopt an official City flag. Consequently, Staff developed
a model incorportating the red, white, and blue theme of the United
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 3'
by 5' and is composed of a poly dura material. The poly Jura
composition is stronger and more durable than polyster, nylon, or
cotton based flags. Additionally, "DENTON, TEXAS" would be placed
underneath the logo to be displayed promoninently and should be
easily seen at a distance.
The cost of producing an official City of Denton Flag would involve
a set up charge tied to the color theme and then a cost per number
of flags ordered. Based on an estimate obtained from a local
source by Purchasing (Attachment 1), the set up charge would be
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.
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
of Denton has 14 locations where flags can be displayed including
j the Denton Municipal Complex. Of the 14 locations, the City Ball,
DMC, Library, Senior Center, MLK Recreation Center, and Piro
Stations 1, 3, 5, and 6 could accommodate the new city flag. The
remaining locations have flagpoles that are too short for existing
flags or need new poles. The cost to purchase flags for each of
the nine locations would be $28.85 each or $259.65. With the
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additional $120 set up charge the total cost is approximately $400
excluding shipping and handling.
Once Council designates and adopts the official flag, Staff would
then ensure that the red, white, and blue logo is used throughout
the City. That is, the logo will be used on all City of Denton
equipment, material, supplies, and flags. Essentially, the logo
would be placed on oars, trucks, signs, and any other equipment or
material used by the City to provide services and in clear v).ew of
the publio. Supplios includes stationery, business cards, and
promotional materials. All existing stock of logos and supplies
in the Warehouse would be used prior to implementing the new
design.
A color rendering of the proposed flag is included in your packet.
if Council approves, Staff can proceed to formally adopt the
official flag and logo by ordinance at the next regularly scheduled
meeting.
Please advise if I can provide additional information.
j RESPECTFULLY SUBMITTED:
i
Lloyd V. Harrell
City Manager
i
Prepared By:
osep Portugal
Assistant to the City Manager
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ATTACHMENT 1
figoda No
Agendalle S
Date
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CITY Of DENTON$ TEXAS PURCHASING DIVISION / 901.8 TEXAS STREET / DENTON, TEXAS 76201
TO: Joseph Portugal, Assistant to City gar
FROM Tom Shaw, Purchasing nt
E DATE: February 3, 1994
SUBJECT: CITY OF DENTON FLAG i
i
The pricing information you requested for a new City of Denton flag 1s listed below.
I have only contacted one local source for pricing. If it is decided to proceed we will a
check other sources but are probably going to be pretty close.
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re. Exterior Flag 4
3' x 5' Poly Du
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One time set up charge'
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First Color $75.00
Second Color $45.00 r
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8 - 31 pieces $28.85 each + freight
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12- 24 pieces $19.90 each + freight
25- 50 pieces $17.50 each + freight
/
Delivery is 4-5 weeks after receipt of order.
We will need a "blue print" or equal drawing giving exact dimensions and layout. Let
me know bow to proceed.
817156"311 D/FW METRO 267-0W2
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A5W?1V
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING A CITY LOGO TO
BE USED AS THE OFFICIAL LOGO OF THE CITY OF DENTON; PROHIBITING THE
USE OF SUCH LOGO BY ANY PERSON, FIRM, CORPORATION, OR ORGANIZATION,
OTHER THAN THE CITY OF DENTON WITHOUT WRITTEN APPROVAL OF THE CITY
COUNCIL; PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on April 5, 1994 the City Council approved the current
official Logo which shall be used on all official City of Denton
materials, equipment, and supplies; and
NHEREAS, application shall be made to copyright this Logo as
r the property of the City of Denton; and
WHEREAS, as the official Logo of the City of Denton, the City
# Council is of the opinion that the same should not be used by any
other person, firm, or organization for any purpose without written
approval of the City Council; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
r
7
f SECTION I That the Logo as set forth in the attached Exhibit
"A" is hereby approved and adopted as the official Logo of the city
of Denton. This official Logo shall be used on all City of Denton
r flags from this day forward. All equipment, supplies, and
materials ordered or purchased after the effective date of this
ordinance shall reflect this Logo,
i
BELT-- ION TI That the to approved City of Denton shall be af by otho fficial Council of the
the words "Denton affixed t to o the the offiial City Flug and bear
prominently for all to xse . underneath the Logo to be displayed
S----ON iii That no person, firm, organization, or corpora-
tion other than the City of Denton shall adopt, use, display, in-
corporate, or appropriate the official Logo of the city of Denton
as any part of any material, equipment, or other matter of such
person, firm, organization, or corporation without written ap-
plication to and approval of the City Council.
SECTION iV That any person violating any provision of this
ordinance shall, upon conviction, he fined a sum not exceeding Two
Hundred Dollars ($200.00). Each day that a provision of this
ordinance is violated shall constitute a separate and distinct
offense.
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'707
,
PASSED AND APPROVED this the day of 1994.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: _
APPROVED AS TO LEGAL FORM:
I DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
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DATE: April 19!0994
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: HOLD A DISCUSSION AND CONSIDER APPROVAL OF PROPOSED
ANNEXATION SCHEDULE (A-65)
RECOMMENDATION:
Staff recommends approval of the. annexation schedule setting the
dates for public hearings, institution of annexation proceedings and
final action by the City Council.
SUMMARY:
The proposed annexation covers an area of 79.697 acres located
? along FM 2164 approximately 3,492 feet North of Bobcat Road and
extending 450 feet on the West side and 550 feet on the East side
p; of FM 2164.
BACKGROUND•
The annexation of the 1000 feet strip along FM 2164 will enable the
j city to extend extraterritorial jurisdiction control to include most
I of the area South of FM 2153. The Texas Natural Resources
conservation Commission (TNRCC) has recently approved of extending
Denton Certificate of Convenience and Necessity (CCN) to include
this area. (see site map, proposed ETJ map and legal description,
attachment #2)
City Charter requires a four fifths vote by City Council to annex
an area into the city limits. In accordance with the proposed
annexation schedule this item will require an affirmative vote by
at leas} six (6) members at the June ith and July 19th City Council
meetings.
PROGRAMS. DEPAR114ENT3 OR GROUPS AFFECTED:
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1 All departments providing city services will be affected.
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FISCAL IMPACT.,
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The annexation of this tract will extend Denton's extraterritorial
jurisdiction and establish subdivision And land development control
in the area south of FM 2153.
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Prepared by: Lloyd V. Itarrell
City Manager
` Harry N. PPersaud, AICP
I Senior Planner
Ap ve
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Fran H. bbins, AICP
Executive irector i
Planning and Development
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Attachment /1. Annexation Schedule
Attachment #2. Site map, proposed ETJ map and legal description
for 79.69 acres located on FM 2164. 6
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FISCAL IMPACT: d
The annexation of this tract will extend Denton's extraterritorial
jurisdiction and establish subdivision and land development control
in the area south of FM 2153.
Resp Sul sub itt ds
Prepared by., Lloyd V. Ha yell
City Manager
Harry UN. Pe(rsaajud, AICP
Senior Planner
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Ap v4,.,Rbbins,AICP
Fran Executector
Planning and Development
Attachment #1. Annexation Schedule
Attachment #2. Site map, proposed ETJ map and legal description
for 79.69 acres located on FM 2164.
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Attachment #1
ANNEXATION SCHEDULE fA-651
April 19, 1994 City Council sets date, time and place for
public hearings.
April 22, 1994 Notice published in Denton Record
Chronicle for first public hearing.
Service plan is prepared.
May 3, 1994 City Council holds first public hearing.
May 6, 1994 Notice published in Denton Record
chronicle br second public hearing.
1 May 17, 1994 City Council holds second public hearing.
May 25, 1994 Planning and Zoning Commission makes
recommendation. s
June 71 1994 City Council institutes annexation.
First Reading of JU~nexsstion Ordinance.
r
June 10, 1994 Publication of Annexation Ordinance in
Denton Record Chronicle.
July 19, 1994 Final :ration by City Council. Second
r reading and adoption of the Annexation
Ordinance.
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A-6S FM 2164 (1000' Strip) NORTH
SITE
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Location Map
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{ Date: 3/$/94 Scale: None
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ATTACHMENT 2, Page 2
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MAP SHOWING AREA TO BE INCLUDED IN DENTONS ETJ
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ATTACHMENT 21 Page 3
BEING a tract of land 1000.0 feet wide located in the M. Langston
Survey A-737, the W. Johnston Survey A-681, the J. Burn Survey A-
130 and the S. Blish Survey A-40 Denton County, Texas and also
being located 450 feet on the west side of the centerline of FM
Highway 2164 and 550 feet on the east side of FM 2164 and
containing 79.697 acres of land. The centerline of FM 2164 that is
include within the 79.697 acre tract is further described as
follows:
BEGINNING at a point in the existing city limits, as established by
City ordinance No. 74-36, Tract 3, said point lying in the south
line of the W. Johnston Survey A-681 and also in the north line of
the W. Roark Survey A-1095,
THENCE north 3" 231 west a distance of 2884.8 feet to the beginning
of a curve to the right, whose radius is 2864.93 feet and central
angle is 110 56' 17"j
THENCE in a northeasterly direction with said curve to the right a
distance of 597.41 feet to the end of this centerline.
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Benda 10,
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CfTY*f DENTON, TEXAS MUNICIPAL BUILDING I DENTON, TEXAS 762011 TELEPHONE (617) 566.6309
1 Office of the City Secrolery
MEMORANDUM
j
DATE: April 15, 1994
TO: Mayor and Members of the City Council
FROM: Jennifer Walters, City Secretary
SUBJECT: Board/Commission Appointments
e' The following is a list of the vacancies for the City's
Boards/Commissions:
Plying and Mechanical code Board - Council Member Brock has
nominated Lee Caps.
a,
Keen Denton Beautiful Board - Dick Engle has resigned from the
Board. This is a nomination for Council Member Perry.
If you need any further information, please let me know.
(14 gel. Id
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DENTON,
END
OF
FILE