HomeMy WebLinkAbout07-05-78
~ AGENDA C00y
CITY OF DENTON CITY COUNCIL
JULY 5, 1978
Special. Joint Meeting of the City of Denton City Council and the Planning and
Zoning Commission, Wednesday, July 5, 1978 at 500 p.m. In the Council Chamber
of the Municipal Buildings
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k 1. Consider the minutes of the Regular Meeting of June 20, 1978 the Special
Called Meeting of .Tuna 27, 1978p the Special Joint Meeting with the Public I
Utilities Board of June 29, 1978 and the Special Called Meeting of June 30,1978.
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2. REFERRAL ONLYi
A. Refer toning cases Z-1337 (Jones) and Z-1338 (Tinny) to the Planning
and zoning commission.
FOR CONSIDERATION OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSIONS
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3, PUBLIC HEARINGSo
! A. Z-1337. This is the petition of Mi. Bob Jones requesting a change
in toning from Agricultural (A) to Light industrial (LI) classifies-
tion on 16.9 acres located on the west side of 135W, south of Ohio
'+1 Rubber Manufacturing Company.
0. Z-1338. This is the petition of Mr. C. W. Tinney requesting Light
f Industrial zoning' classification on approximately 60 acres located
adjacent, east and southeast of the intersection of Mayhill Road
and the Mx and T railroad tracks. 1
POP CONSIDRPATION'OF T11E CITY COUNCILS
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4. Consider toning ordinance Z-1331. Petition of Mr.'Claude'Rill.
f S. Consider toning ordinance Z-1332, Petition of Mr. George Schneider.
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6. Consider a request by the Denton Community Theater to share the tenancy FI
of the Old City Hall with the Central Pire Station.
7. Consider toning petition 2-1328. Thn request of Mr. Tim Green seeking
( a change in zoning from Agricultural and Light industrial to Hoiti-family S
(Ml-11 classification on 10 acres located on the west side of Teasley 1
Lana south of 235E. I
8. Consider the request of property owners along Jame Street (F!)-1,830),
Rquth of Mort Worth Drive, to change the nawe of James Atreat to Country
Club Road.
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9. Consider a Resolution requesting the formAtion of a non-profit organiza-
tion for the purpose of financing student loans. E
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j 10. Consider easement acquisition for Community Development Block Grant drain-
age improvements to lover section of pecan Creek.
11. Consider Resolution and authorize the )Mayor to, sign a contract for purchasing
right-of-way on North Loop 288 (under protested right-of-was prnvision,)
12. Consider Resolution authorizing the Mayor to request preliminary engineer-
ing study and construction of U-turn at intersection of Loop 288 and 2358,
13. Consider the purchase of 68 acres of land adjacent to the sever plant for
expansion of treatment facilities.
14. Consider a report on progress of funding plan for County-wide emergency
medical services.
15. Consider setting the agenda for the July 11, 1078 study session.
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Ej 17. Consider Consent Agenda.
CONSENT AGENDA
Each of these items is recommended by the staff and approval thereof will bo
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xl, strictly on the basis of the staff recommendation. Approval of the Consent Agenda
authorizes the City Manager or his dosignee to implement each item in accordance
` with the Staff recommendations
A. REFERRALS i
€ (1). 2-2339. This is the petition of Mr. R, W. Higgins requesting
a change in zoning from Single Family (EF-7) to Multi-Family
(Mr-1) classification on .68 acre located on the mouth side
of Greenlee Street oast of 135E, This is lot 6s block 349.
(2) E-1340. This is the petition of Mr. Frank Martino requesting
a change in zoning from Agricultural (A) to Light Industrial
(LI) classification on 47,9 acres located between Loop 288
and Mayhill RoAdp north of Spencer.
8. BIDS s
#8575 York Lift for Public Works at the Service Center
C. PURCHASE ORDER'OVER $3#000#001
010220 Repair of Caterpillar Motor Grader
1i D. Consider Change Order No. 1 to Lighting Contract at Denton
j Municipal Airport,
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18. Consider Board Appointments.
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City Council
June 20, 1976
Regular Meeting of the City Council of the City of Denton, Texas, Tuesday,
June 20, 1978 at 7:00 p.m, in the Council Chambers of the Municipal Building,
' PRESENT; Mayor Pro Tem Gay, Members Nash, Hughes and Steward City Manager Chris
Hartung, Assistant City Manager Jack Owen, city Attorney Paul, Isham and
Assistant City Secretary King Co13.
ABSENT: Mayor Mitchell and City Secretary Brooks Holt.
1, Motion was made by Hughes, seconded by Stewart that the minutes of the
Emergency Called Meeting of June 9, 1978 and,the Regular Meeting of June 13, 1978 +
be approved. Motion carried.
2, public Hearings:
(A) Mayor Pro Tem Gay announced to the audience that Z-13291 the
petition of Mr, George Goen, Jr, had been withdrawn.
(8) A public hearing was held on Z-1332, the 'petition of Mr, George
Schneider seeking a change in zoning from Agricultural (A) to Commercial (C)
classification on 1,1 acres located on the south-side of Highway 380 at 2820
East University Drive,
After hearing George Schneider speak in favor and a report from John
Lavretta that the Planning and Zoning Commission recommended approval, Motion
was made by Nash, seconded by Hughes that the petition be approved. Motion
carried,
(C) A public hearing was held on Z-1328 the petition of Mr. Tim
Green seeking a change in zoning from Agricultural (d) and Light Industrial (LI)
I to Multi-Family (MF-1) classification on a '10 acre tract located on the west side
of Teasley Lane beginning 100 feet north of Londonderry Lane.
Tim Green spoke in favor.
Mr, Allen Wilson, representing adjacent property owners, Newport
Investments, spoke in opposition, stating that additional apartments would
ppresent traffic problems. He further stated that occupancy rates were already
low and more apartments would just make those occupancy rates lower,
Mrs, Ruby Griffin, Manager of Londonderry Apartments, opposed the
petition on the some grounds as Mr, Wilson, I
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After a, report from John Lavretta that 6 letters were received in
favor and 4 in opposition and that the Planning end Zoning Commission recommended
approval, motion was made by Nash, seconded by Stewart that the petition be tabled
until all Council Members were present,` Motion carried,
(D) A public hearing was held on Z-1331, the petition of Mr, Claude
E, Hill, re uetting a change in zoning from Multi-Family (MF•l) to General Retail # I
(GR) classification on property located at 2531 Prairie Street.
No one spoke regarding the petition,
After hearing a report from John Lavretta that 1 letter was received
in favor and none in opposition and that the Planning and Zoning Commission
recommended approval, motion was made by Stewart, seconded by N)sh that the
petition be approved. Motion carried,
3. The Council considered the Annual Report from the Denton Housing
Authority,
Jim Carter, Executive Director of the Denton Housing Authority, apppeared
before the Council to present the Annual keport. Mr. Carter explained that he
had submitted a full written report in each agenda packet, and that he would be
happy to answer any questions,
the Council thanked him for a fine report, and since there were no
questions, motion was made by Hughes, seconded by Stewart to receive the report,
Motion carried,,
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June 20, 1978 Continued
4. The request from the Denton Community Theater to share the tenancy of
the Old City Hall with the Central Fire Station was removed from the agenda
until all Council Memburs are present,
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5. The Council considered the recommendation of an architect from the
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Architectural Selection Committee concerning a central fire station or joint
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police/fire station facility.
f Chris Hartung explained to the Council that the Staff Architectural
Selection Committee had requested proposals from 16 separate architects and
had personally intereviewed 5 of those architects. He stated that the Committee
recommends the Architectural Collective of Denton as the architect on the fire
and police administrative buildings,
Motion was made by , Stewart, seconded by Nash that the Architectural
Collective of Denton be approved as the architect on the fire and police
administrative buildings. Motion carried.
6. The Council considered the recommendation of the Library Board for
selection of an architect for library expansion,
Pat Warde of the Library Board appeared before the Council to make a
recommendation on the architect for the library expansion, Mrs. Warde explained
r !'1 that the Library Board had met with several architects and waf recommending that
l O'Neil Ford be selected, 1
Motion was made by Hughes, seconded by Nash.that O'Neil Ford be selectee
as the architect for the library expansion. Motion carrird.
7. The Council considered a recommendation from the Traffic Safety Support
Commission concerning an ordinance establishing a 35-mile per hour speed limit
along South Carroll Boulevard from Hickory to Fort Worth Drive.
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The following Ordinance was presented,
ORDINANCE NO. 78-23
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AN ORDINANCE BY THE.CITY OF DrNTON, TEXAS, CHANGING AND ESTABLISHING THE MAXIMUM
PRIMA FACIE SPEED LIMIT ON CARROLL BOULEVAn rwi its INTERSECTION, WITH WEST
HICKORY TO ITS INTERSECTION WITH FORT WORTH DRIVE{ PROVIDING A PENALM PROVIDING
A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE.
Motion was made by Nash, seconded by Stewart that the Ordinance be
passed, Oa roll call vote Hughes "aye", Stewart "aye", Nash "aye" and Gay "aye".
Motion carried, f
9, The Council considered a Resolution proposed by the Highway and Airport
Committee of the Chamber of Commerce requesting the State to accelerate purchase
of right-of-way for North Loop 288.
The folloO ng Resolution was presented;
AT A REGULAR MEETING OF THE CITY COUNCI6 '0 THE CITY OF DENTON, TEXAS, HELD IN
THE MUNICIPAL BUILDING OF SAID CITY ON THE 20TH DAY OF JUNE, A.D. 1978,
RESOLUTION
WHEREAS, THE Highways and Airports Committee of the Chamber of Commerce strongly
recommends and supports a program to accelerate purchase of right-of-way for
North Loop 288 highway profecti and
WHEREAS, public hearings have been held atrd the State Highway Department has
developed plans for the Loop 288 highway prosecti including the north portion, and
WHEREAS, the City of Denton is desirous of immediately securing right-of-way for
the construction of the north portion of Loop 288 providing the Texas Department
E of Higghways and Public Transportation can provide funds for reimbursement to
the City for acquisition of the right-of-way;
i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
THAT:
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June 20, 1978 Continued
The City of Denton desires to enter Into a contractual agreement with the State
of Texas Department of Highways and Public Transportation for the acquisition of
the right-of-way for all of the north portion of loop 288 Highway and requests
the State to appropriate funds so that the purchase of right-of-way can be
accelerated, and permitting reimbursement by the State based upon current
reimbursable percentages for acquisition of right-of-way by the Cityl authorizing .a..~
the Mayor to sign such contractual documents, and directing the City to commence
acquisition of right-of-way after the necessary documents with the State have
been executed,
PASSED AND APPROVED this the 20th day of June, A.D, 1978.
/sJaFMITCHELL, MAYOR
CITY OF DENTON, TEXAS
AT/TESTt
-CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM: 4
PAUL C6 I SlTW -CTT _ TT6XNn_
su' CITY OF DENTON, TEXAS
Motion was made by Hughes, seconded b~ Nash that the Resciution be
passed. On roll call vote Stewart "aye" Ngsh aye", Hughes "aye" and Gay ',aye".
Motion carried,
9. The Council considered the plans for concession and restroom facilities i
and considered authorizing the staff to advertise for bids,'
Dick Huck presented plans and specifications prepared by Hatfield-.4alcomS
for concessions and restrooms at public parks, and stated that the Parks Roard
and Staff had reviewed the plans and recommended that the City advertise for bids
on the concessions and restrooms for Southridge, Mack, Fred Moore and North Lakes
Parks,
Motion was made by Nash, seconded by Hughes to approve the plans and
authorize the staff to advertise for bids. Motion carried, f
10, The Council considered a Resolution requesting the formation of a non-
profit organization for financing student loan prog~,ams.
Paul Ishim explained to the Council that this item had been discussed
with the Council in the past and that the bord attorneys had now prepared the
necessary documents to activate the student loan program, He further explained
that this would be a joint program with the City of Arlington and the City of
Denton, and that the bonding documents called for a Board with b members from
the City of Arlington and d members from the City of Denton,
Council Member Nash responded that he did not support the program
unless Denton and Arlington had equal representation on the Board.
Motion was made by Hughes, seconded by Nash that the mat::r be tabled,
and that the City Attorney be directed to contact the Bond Counsel and ask him
change the legal documents to reflect equal representation on th0 Board from the
cities of Denton and Arlington. Motion carried,
11, The Council considered authorizing an audit by Alexw0er Grant and Company
of the electrical system,
Motion was made by Stewart, seconded by Nash to table this item pending
action of the TMPA Board, Motion carried.
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June
20, 1970 Continued
12. The Council considered approval of purchase order 136708 for payment
of rental for Denton School gyms from October 2e, 1977 to March 6, 1978 for
=4,937,66.
n Chris Hartung explained that this item had been tabled at the last
meeting because of the questions on the hourly wage reflected for janitorial
charges, He explained that time and a half wage was pair for overtime,
Motion was nude by Hughes, seconded by Nash that the purchase order
be approved, Motion carried with Stewart voting "nay",
= 13, The Council considered tax adjustments for the month of April, 1978,
.
Motion was made by Stewart, seconded by Nash that the tax adjustments
for April, 1978 be approved in the amount of $1,450,83, Motion carried,
14. The Cou:icil considered drainage plans on Avenue E and adjacent area,
Assistant City Manager Jack Wen briefed the Council on the design by
Freese and Nichols for storm sewer construction on Avenue E He explained that
Freese and Nichols submitted two different plans. He explained that Plan 1 collects
water from various points east of Avenue E, then run3 along Avenue E to Prairie
Street and then turns west on Prairie Street to Avenue H where it empties into an
existing channel, Plan 2 collects water from the east side of Avenue E, then ;
runs along Avenue E to a point approximately two hundred feet south of Prairie
and then turns west and runs to the channel, He further explained that Plan I
- was expected to cost $225,000 and Plan 2 was estimated to cost $245,000,
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It was the recommendation of ttie City Staff that the City adopt Plan 11
At this time Charles Musgrave, Manager of College Inn, appeared before
the Council and asked that the Council do everything in its power to minimize
the disruption this would cause at the College Inn Apartments,
Bill Graham; owner of the Texas Pickup, a peared before the Council
concerned about the interruption of business and asked that the Council do every-
j thing in its power to minimize the disruption.
Motion was made by Stewart, seconded by Nash that Plan I be approved at
an estimated cost of $225,000, Motion carried,
15, Thn Council considered setting the agenda for the June 27th study session,
Chris Hartung recommended that the following items be placed on the
City Council's June 27th study session:
JA De-annexation of strip annexed areas of the City,
B Disposition of excess property belonging to the City of Denton.
C Alignment of sidewalks in consideration of bid documents.
D Public hearing on annexation of land at 1.35 and Mayhill Road.
16, CONSENT AGENDA:
Motion was made by Hughes, seconded by Stewart that the following
Consent Agenda be approved, Motion carried,
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(A) REFERRALS:
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(1) Z-1326, the petition of Mr, J. A,'Miller, requesting a change
in zoning from Agricultural (A) to Single: Family (SF-7) classification on .66
acres located at the northeast corner of Sanger and Riney Roads was referred to
the Planning and Zoning Commission for its recommendation.
(8) BIOS:
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(1) 18578 Portable Defibrillator-Scope-Chart Recorder for 2
ambulances was awarded to Physic-Control for two complete units at a total
purchase price of $11,940.
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June 20, 1978 Continued
{C) Change Order No. 3 on relocation of FM 1515 on airport improve-
ments program approved on contract with Crookham A Vessels, Inc, in the increased
amount of $200.00.
17, Charlene Withers, living at the corner of Bell and Sherman Drive,
appeared before the Council and cogplained about the mismanagement of utilities '
+ and the high cost of utilities in the City of Denton.
18, The Council adjourned into Executive Session at 8;45 p.m. to discuss
TMPA-Grimes County litigation settlement and Board appointments.
19, The Council reconvened into Public Session at 10 p,m. snd the following
motion was made by Stewart, seconded by Gay that the TMPA Board has authorized
Peat. Marwick and Mitchell to review the financial status of TMPA, and the City
of Denton feels that an engineering consultant firm should be hired to review
the engineering and construction status of the Gibbons Creek Steam Electric
Station. Motion carried,
Meeting adjuurned at 10:15 p.m,
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Memorandum Concerning Accelerated
Zoningg Procedure
Z-13 37s Z-1338
July 5, 1978
In following the City's Charter, the zoning process can be modified
slightly so long as all elements of the procedure occur in the proper
sequence. This Joint public hearing before the Planning Commission
end Cit Council concerning zoning petitions Z-1337 (Jones) and Z-1338
(Tinneyf should be conducted as follows:
iIi 1. Meeting opened by the Mayor. Zoning peititons Z-1337 and Z-1338
referred to the Planning and Zoning Commission.
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2. Planning Commission Chairman opens public hearing on Z-1337, P S Z
conducts the Joint public hearing on the petition, votes, and makes
its recommendation to the City Council, I
3: The City Council deliberates on the zoning petition, discussing it'
as necessary. A final tote on zoning request, Z-1337, is then
taker! (no annexation involved).
4. Planning Commission Chairman opens public hearing on Z-1338. P 6 Z
conducts the Joint public hearing on the petition; votes, and makes
its recommendation to the City Council.
5. The City Council deliberates on the zoning petition, discussing it
as necessary Zoning request Z-1338 is tabled ending completion
of annexation proceedings when annexation ordinance and zoning
ordinance will be returned for a final vote (August 15).
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Planning and Community Development Department
Recommendation: Z-1337 {
July 5, 197& 3
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{ Identity and Locations Z0 337
This is the petition of Mr, Bob Jones requesting a change 1n zoning
from Agricultural (A) to Light Industrial (LI) classification on 16.992
acres located on the west side of I-35W, south of Ohio Rubber Manu-
facturing Company.
Recommendation;
The Planning and Community Development Department recommends approval 1
of this petition,
This Yoning request seeks a logical extension of light Industrial (LI)
Zoning and development along I-35W, south of several industrial uses,
Ohio Rubber Manufacturing Company and Victor Equipment are sited south
Of Airport Road in the vicinity of this request, The Denton Compre-
hens I veP lan pproposes the entire area west of 1-35W, particularly in
the area of LI►e Municipal Airport, be developed fur industrial uses.
Accassibility.to the,site in this zoning request is ggood, although the
f state-maintained I-35W service road is to need of maintenance and re,.
k pair. Municipal utilities are available for extension to this industrial
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Planning and Community Development Department
Recommendation: 2-1338
July 6, 1978
Identity and location: Z-1338
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j This is the petition of Mr. Charles Tinney requesting light Industrial
GO zoning classification on approximately 60 acres located adjacent,
east, and southeast of the intersection of Mayhill Road and the W 3 T
r I railroad tracks.
Recommendation:
This site is shown: as both industrial and residential on the City's
Comprehensive Pldn, but has several attributes which seem to make it
apppropriate for industrial development. The proximity to Interstate
351 the size, shape and character of the site in relation to surrounding
properties and the asset of rail forming the entire western boundary ~
of the tract--all these elements suggest the more appropriate zoning
and land use for this site 1s industrial. Mayhill Road can be improved
toaccomodate the increased truck traffic and adequate municipal utility
services can be extended to serve the site.
` For these reasons, the Planning and Community Development Department
1111 recommends approval of this petition.
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-1338
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Agr+cu turoi (A} Zx~ing
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z-1331 CU.UDE HILL
NO. i
AN ORDINANCE AMENDING THE ZON'NG MAP OF THE CITY OF DENTON, TEXAS, I
AS SAME WAS ADOPTED AS AN APPENDTX TO THE CODE OF ORDINANCES OF
THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP
APPLIED TO A PORTION OF LOT 2, BLOCK 3030, AS SHOWN THIS DATE ON
THE OFFICIAL TAX MAP OF THE' CITY OF DENTON, TEXAS, AND MORE PAR-
TICULARLY DESCRIBED THEREIN: AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DEN'ION, TEXAS, HEREBY ORDAINS:
SECTION L.
That the Zoning Maof the City of Denton, Texas, adopted the
14th day of January, 136 9, as an Appendix to the Code of Ordinances
of the City of Denton, Texas, under provisions of Ordinance No. 69-1,
by, and the same is hereby amended as follows:
All the hereinafter described property is hereby removed
from the Multi Family District as shown on said Zoning Map,
and all provisions of Ordinance No. 69-1, adopted the 14th
day of January, 1969, as amended, ;hall hereafter apply to
said property as General Retail "GR" District in the same
manner as other property located in the General Retail "GR"
District;
n All that certain lot, tract cr parcel of land lying and
being situated in the City and County of Denton State of
Texas, and being Lot 2, Block 3030, located at 1531 Prairie
Street.
SECTION II I'I
That the City Council of the City of Denton, Texas, hereby iI
finds that such change is in accordance with a comprehensive plan j
for the purpose of promoting the general welfare of the City of
Denton, Texas, and with reasonable consideration, among other
' things for the character of the district and for its peculiar
suitability or particular uses, and with a view to conserving the
value of the building, protecting human lives, and encouraging
the most appropriate uses of land for the maximum benefit to the
City of Denton, Texas, and its citizens, i
SECTION III
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That this ordinance shall be in full force and effect immedi-
ately after its passage and approval the required public hearings
having heretofore been held by the Planning and Zoning Commission
and the City Council of the City of Denton, Texas, after giving due
notice thereof.
PASSED and APPROVED This the 5th day of July, A.D. 1978.
JOE HITCHELL MAYOR
CITY OF DENTSN, TEXAS
ATTEST=
B~0 --!=Tl CITY 9MViRY
APPROVED AS TO LEGAL FORM! +
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FTTL 6, r MY ATTORRY
z-1332 GEORGE SCHNEIDER
NO.
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS,
AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF
THE CITY OF DENTON, TEXAS BY ORDINANCE NO. 69-1, AND AS SAID MAP
APPLIED TO A PORTION OF LOT 13.3; BLOCK 178-J, AS SHOWN THIS DATE
ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PAR-
TICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I
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' That the Zoning Map of the City of Denton, Texas, adopted the
14th day of January, 1969, as an Appendix to the Code of Ordinances
of the City of Denton, Texas, under provisions of Ordinance No. 69-1,
i be, and the same is hereby amended as follows:
All the hereii,after described property is hereby removed
from the Agricultural "A" District as shown on said Zon-
If ing Map, and all provisions of Ordinance No. 69-1, adopted
the 14th day of January, 1969, as amended, shrill hereafter
apply to said property as Commercial "C" District in the
same manner as other property located in the Commercial
"C" District;
All that certain lot, tract or parcel of land lying and be-
ing situated in the City and County of Denton, State of
i Texas, and being a 1.1 acre portion of Lot 13.3, Block 178-J, f
being located on the south aide of E. Highway 380 at 2820
I University Drive,
SECTION II.
{ That the City Council of the City of Denton, Texas hereby
finds that such change is in accordance with a comprehensive plan
k for the purpose of promoting the general welfare of the City of
Denton, Texas, and with reasonable consideration, among other things
for the character of the district and for its peculiar suitability
or pparticular u9es and with a view to conserving the value. of the
buildings, protecting human lives, and encouraging the most appro
4 ppriate uses of land for the maximum benefit to the City of Denton,
Texas, and its citizens,
SECTION III
That this ordinance shall be in full force and effect immedi-
ately after 'ita passage and approval, the required public hearings
havingg heretofore been held by the Planning and zoning Commission
and tt,a City Council of the City of Denton, Texas, after giving due
notice thereof,
PASSED and APPROVED This the 5th day of July, A.D. 1918,
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JOE MITCAE.L'C; ~WOR
CITY OF DENTON, TEXAS
ATTEST:
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BOOKS HOLT, CITY R,Y
APPROVED AS TO LEGAL FORMr
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PAUL C. TSW CITY XTTORNEY
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Denton Community Theater, Inc. !
P, 0. Box 23775 / Denton, Texas 76204
May 5, 1978
I-Nor Mitchell
and Denton City Council
Denton, Texas
It has become apparent that vies the Denton COMmunity Theater,
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need to, clarify our position and our needs concerning the Old
City Hall Building
tiro aro in complete agreement with the ODAC regarding the need to.
a Fine Arita Conte in Denton# and wo plan to work for such a
! center in ovsry way posblble - BUT, meanwhile, we have a
home in the Old City Hail and hors we would liko to romain
until such time as hotter facilities are available,
In order that we cortinue with our services to tho community,
it has beoor.o apparent that some inprovomonts are necessary.
Our primary concerns as well as the concern of the Piro Do-
partmont•, is the roof, It loaks on our otage, on our audiences
and on the firemen's buds and maps, No are investigating the
coats to repair the roof,
4fo would liko you as out, city council to turn tho Old City
Hall over to tho DOT as caretakers of x,building that is of
1=IAMOUSE THE=ATER / 221 NOn'n l ELM
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Denton11City Council
May 1978 Paco 2
historical as Wall as intrinsic value to the people of Denton,
The building is acknowledged to be ono of the soundest strue.
turns in Denton; but unless sonothing is done soon to repair
the roof and falling; plaster, it will become untenable, We
feel that the City can ill afford to have thin happen,
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If we could be allowed to snare tenancy of the building with tho
l Central Fire Station and the Fire HArshall until :ucn tirae as
I, new facilities beo6mo available for the Fire Depaztment and
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then given the entire building for the DOT, than rte feel that
Denton would have one of the finest cultural assets in the
State or Texas, 11-1hat is needed to convince you, our city Counoi
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that this is wiso, prudent and,economical?
We will be happy to meet with you at your convonioneo to explain
our position, present our studios on the buildinG, and express
our hope for the ued or extended space (i,e, for children's a
theater, the housing of a large and valuable costume collection, {
box office and lobby space). Please advise when wo may proscnt
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those to the Council,
We are making plans now for our 9th Season not knowing whother
we have a home, Per us to continue investing our time, efforts i
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and money, wo as1r your assurance 1101-1 that Oro may stay no long
as nocossavv in ordor to provide a cultural contribution to tho ,
city,
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' u4or Miteholl -and I
Denton Cit' Council
Iiay 5, 197 page 3
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We appreoiate your time and ooneern for the aiticens of
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Denton
DOT Conmittee on Use of Firehouso
Theater (old City Hall) G
iat M. Windham$ Chairman - r
Thornton A. Klos ff{f
crank Barrow' I
F Carolyn Silvernale
a Barbara Jester
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Planning Commission Recommendation
i to the City Council
Z-1328
July 5, 1978
Identity:
This is the petition of Mr. Tim Green requesting a change in zoning
from Agricultural (A) and Light Industrial (Li) to Multi Family (MF-1)
classification on a ten acre tract.
Location:
1
This property is located on the west side of Teasley Lane, beginning
1 100 feet north of Londonderry Lane.
Recommendation:
The Planning Commission recommends approval of this request. Motion
carried five (5) to. two (2).
The tract In this request is located in an area with extensive multi
family zoning and development. There is multi family,(MF-1) zoning
along Londonderry Lane, as well as 'a recently approved multifamily
zone on the adjacent property to the north. The Londonderry Oaks
apartments are located to the east across Teasley Lane and the Salem
Ridge apartments are located to the west. C1early,'a multi family
(NF-1) zone would be compatible with surrounding land use, Pho
with the growth that is projected in the near future, it does appear
that additional multi family housing is necessary.
In terms of public facilities, adequate water and sewer service is
I available to the pproperty from Londonderry Lane. Approximately one }
i quarter (1/4) of the tract is in the 100 year flood, plain. It does
appear, however, that this is an area of shallow flooding and most
of the property would be buildable after fill and channel work. The
issue of whether Teasley Lane is adequate to accomodate the increased
traffic flow was discussed at length. The majority of the Commissioners h
felt that even though there was some congestion on Teasley lane at i
peak traffic periods this situation was not serious enough to warrant
+ denial of this petition,
The staff report did not recommend approval or denial. r,.
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Planning Commission Recommendation
to the City Council
Requested Name Change for FM 1830
j July 5, 1978
Property owners adjoining Farm-to-Market Road 1830, from its intersection '
with Ft. Worth Drive south to the c,ty limits line, have petitioned the
City to changL the name of this street to Country Club Road. Public i
records variously refer to this street as James Street, FM 1830, and
Country Club Road. Increasinglys this lack of clarity generates confu-
sion, causes misplaced or undelivered mail, and makes it difficult to
give directions to the area. Denton County Commissioners received a
similar, request and on May 15, 19781 designated FM 1830 as Country Club
Road from its intersection with Highway 377 south to Argyle "for Denton'
County purposes." The City is requested to complete this process by
changing the street's name within its jurisdiction from Ft. Worth Drive
south to the City limits. All four property owners adjoining FM 1830 i
(see map) have agreed to this change.
The Planning Commission reviewed this request at its June 21, 1978, meeting.
Since the street name change appears to present no particular problem to
f the City, it was the recommendation of the Planning Commission that this
petition be approved.
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DAVIS
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i.. SECTION OF FM 1830
PROPOSED FOR NME CIWlGE
I b i0 COUNTRY CLUB ROAD
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Memorandum
° June 28, 1978
TO: Chris Hartung, City Manager
FROM: Randy Casstevens, Grants Administrator
RE: Acquisition of Easements for Drainage Improvements to Pecan Creek
Our Community Development Block Grant provides for the construction of ?
drainage improvements to the lower section of Pecan Creek. This con-
struction involves the purchase of easements across three separate parcels
of land.
An easement of some 2,819 square feet across Lot 136, Block 272 was appraised,
f and an'offer of $525.00 made to the owner. The owner has agreed to accept
that offer,and a sales contract for $526.00 was slyned by the property owner.
A copy of that contract with Anthony McDade Is enclosed for the City Council's
j review. The staff recommends that this contract be approved by the City
Council and that the property be acquired at the agreed price.
An easement of some 10,706 square feet across Lot 106, Block 2r2 was appraised,
and in 6-.er of $1,990.00 made to the owner. This offer was rejected by the
owner. Following ne ottations, a sales contract for$2j400 C-0 was signed by
the property owner. A copy of that contract with Burnett Flming and wife,
Loretta Fleming, is enclosed for City Council review. The staff recommends
that this contract be approved by the City Council and that the property be E
acquired at the agreed price.
An easement of some 146646 square feet across Lot 106.1, Block 272 was apppraiseo,
and an offer of $1,700.00 made, This offer is still under consideration b e
C. P. Reed and wife, Mary Reed by
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Total funding for the drainage project is frai CDA grant appropriations.
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SALES CONTRACT FOR EASEMENT
THE STA'T'E OF TEXAS
BY T![IS AGREBiIENT AND CONTRACT;
COUNTY OF DENTON ~
(deceased)
A, M. McDade and Beulah McDade
hereinafter called Seller, sating through the undersigned and duly
I. authorized Agent, hereby sells and agrees to convey unto the City
of Denton, Texas,' a Itunicipal Corporation, hereinafter called Pur-
chaser, an•easement In the described propexty lying and being eitu-,'
ated in the City and County of Denton, State of Texas, and moro'part
' icularly described by metes and bounds in Exhibit "All' attached hereto
and made a part hereof..
The purchase price id $ •525,06 , payable at closing, Pur-
chaser agrees to perform the following in-eonsideration, either in
whole or'part,'of receiving this easenent:'
I -improve thet drainage capacity of the lower anction.of.Pecan
Creek by the excavation of a new channel in the eaiement'and +
securing the channel banks against `erosion.
The purebasa of said easement is subseot to the approval of the I
C1.4
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ity council of the city of Denton, Texas.
Executed in triplicate this the day• of r'
t n A. 5I Ir1 ~.•b. 19780 >
CITY OF DENTON, TEXAS, BELLEA 1
pURCHASER u ,
1 BY:
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1, 0 1.1%
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1' t R J'
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ii■■ EXHIBIT A
` DESCRIPTION OF THE PROPERTY IN THE EASEMENT
i
All that certain lot, tract or parcel of land lying and
` being situated in the City and County of Denton, State of Texas,
and being part of the H. Sisro survey, Abst. No. 1184, and also
being part of a tract of land as conveyed from M. C. Sheppard
to A. M. McDade and Wife Beulah McDade by deed dat•,^_d 6/9/51
and recorded in Volume 370, Page 580 of the Daed Records of
Denton County, Texas, and more particularly described as follows:
BEGINNING at the Northwest corner of said tract, aaid point
lying 150 feet south of aad 150 feet east of the intersection
t
1 of the south right-of-way line of Prairie Stree: with the east
right-of-way line of Bradshaw Street;
THENCE East along the North boundary. line of said tract a
I ,
distance of 65 feet to a point for a corner, same being the
Northeast corner of said tract;
THENCE South along the East boundary line of said tract a
distance of 44.57 feet to a point for a corner;
THENCE North 87052'08" West a distance of 65.05 feet to a
I point for a corner in the West boundary line of said tract]
THENCE North along the West boundary line of said tract
a eiatance of 42.15 feet to the place of beginning and con-
twining 2816,65 square feet of land more or less.
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SALES CONTRACT FOR EASEMENT t;
E
THE STATF OF TEXAS ~
COUNTY OF DENTON DY THIS AGREEMENT AND CONTRACT:
Rt -ngj Fleming and Loretta Fleming
hereinafter called Sel;or, acting through the undersigned and duly
authorized Agent, hereby sells and agrees to convey unto the City
el
of Denton, Texas,' a'Municipal Corporation, hereinafter called Pur-
chaser, an-easement in the described property lying and being situ
4r ated in the City, and County of Denton, State of Texas, and more'part-
icularly described by metes and bounds in Exhibit M11 attached hereto
and made a part hereof. -
The purchase
pried in 2,400.00 , Payable at closing: Pur-
chaser agrees to perform the following inconsideration, either in
I~ wrole or part,'of receiving this easement.
improve t n ' to cit of the lower sec►ion.of Pecan
,,-creek by the excavation of a new channel in the easement and
_ securing the charnel banks againet'erosion.
+ The purchase of said easement is subfbot to the approval of the
City Counoil`of the City'of Denton, Texas.
Executed in triplicate this they day of
i A.D. 18784 CITY OF DENTON, TEXAS, SELLER
PURCHASiR
BY:
AAA,
,
i
EXHIBIT A
DESCRIPTION OF THE PROPERTY IN THE EASEMENT
All that certain lot, tract or parcel of land lying and being
situated in the City and County of Denton, State of Texas, and
being part of the H. Sisco survey, Abst. No. 1184, and also being
part of a tract of lams as conveyed from M. C. Sheppard to Burnett
? Fleming and Wife Loretta Fleming by deed dated 4/23/70 and re-
corded in Volume 611, page 379 of the Deed Records of Denton
Ccunty, Texas, andmore particularly described as follows:
Commencing at the Northwest corner of said tract, said point
also being in the South right-of-way line of Prairie Street,515
feet East of the intersection of the West right-of-way line of
Bradshaw Street with the South right-of-way line of Prairie Street;
THENCE South along the West boundary line of said tract a
distance of 163.73 feet for the place of beginning;
li
THENCE South 87052108" . Last a distance of 30.48 feet to
the beginning of a curve to the left, said curve having a central
{ angle of 91049140", radius of 75.861, tangent of 78.321;
THENCE Northerly along said curve, an are distance of 121.58
feet to a point;
THENCE North 0018'12" East a distance of 82 feet to a point
I
for a corner in the center of an existing branch, said canter
of branch being the East boundary litre of said tract;
THENCE South 59057106" East with the center of said branch
i . I
a distance of 46.37 feet to a point for a corner; E
THENCE South 0618'12" West a distance of 58 feet to the
beginning of a curve to the right, said curve having a central
1 angle of 91049'40", radius of 117.861, tangent of 121.681=
THENCE Southerly along said curve, an are distance of 188.89
feet to a point;
{ THENCE North 87052'08" west a distance of 28.92 feet to a
point for a corner in the west boundary line of said tract;
THENCE Borth along the West boundary line of said tract
a diatanca of 42.03 feet to the place of beginning and o~ntaining
10,706,65 square feet of land more or less.
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ITYofDENTON,TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE(817)382.9601
tI
MEMORANDUM
E TO: Jack Owen
FROM: Rick Svehla
DATE: Jane 281 1978
i
REI Protective right-of-way buying for loop 288
Attached is the contract that the Highwayy Department would like us to sign so
that protective right-of-way buying can Department loop 288. It is my under-
standing that the
City Attorney is drawing up the proper resolutioh,for the
✓1 Meyo► to sign, The major point of the contract is that,the Statf will fund
only ninet arc nt (905 of the appraised value. The Highway Deppart~t will
appraise 81-1 e an and the City will be responsible for negotiatingg with
each landowner, If tie City pays a higher price than the appppraised value then
the City must fund the difference. it is my understanding that the City Attorney
has reviewed the contract and sees no other problems,
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DEPARTMENT OP COMMUNITY DEVELOPMENT
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COMMISSION STATE DEPARTMENT OF HIGHWAYS ENDINEER-DIRECTOR
READAN HOUSTON CHAIRMAN AND PUBLIC TRANSPORTATION a, 1. OEPtRRY
DEWITT C. OREER P. 0. Box 3067
CHARLtS E SIMON$ Dallas, Texas 75221
June 22, 1978
Right of Way Contractual Agreement
Denton County
Loop 288E From present north terminus of U. S. Highway 360, north and west
to Interstate Highway 35
Mr. Rick 9vehla
i Divector of Engineering and Development
E{{{ City of Denton
215 g. McRinney
Denton, Texas 76201
Dear Mr. Svehlat
Attached, for execution by the City Council or its representative,
ere three copied of a Contractual Aflrasment for Right of Way
LJ Procurement for subject project. Upon your ratura of the executed
Agreement copies, supported by copier of an appropriate City Council
resolution, and completion of processing, a copy of the fully executed
document will be forwarded to you. ;
It will be noted this agreement contains the customary provision for
property value deternioation by the State.
Your ao truull~y,
John 0. Keller
District $ngineer
WSMIao
Attachment
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State Department of Highways
and Public Transportation
Form D-15-37
page 1 of S
Rev. 7-77
CONTRACTUAL AGREEMENT
FOR
RIGHT OF WAY PROCUREMENT
(CITY FORM)
i
STATE OF TEXAS COUNTY Denton
PROJECT 8018.1-
COUNTY OF TRAVIS X HIGHWAY Loop 288 _
This agreement tntered into this day of
by and between the State of Texas, acting by and through the State Department of Highways
and Public Transportation, hereinafter called the State, and r.~tK of nnntnn ,
Texas, acting by and through its duly authorized official under Ordinance dated
day of , 19 hereinafter called the City.
I •
WHEREAS, the State has deemed it necessary to make certain higtaray improvements on
Highway No. Loop 288 From element north tarmints of U. A. N4gliwAy 4RO_
north and wast To Interstate Higbyy 35
and which section oP highway improvements will necessitate'
the acquisition of certain right of ways and
WHEREAS, it is agreed that such right of way purchase eball be by joint effort of the
State and the City=
r 1 NOW, THEREFORE be it agreed that dcquiaiti= of such right of way shell be in accordance
with the terms of this contract and in accord ace with applicable Federal and State laws
governing the acquisition policies for acqui.ang real property. The State hereby autho- f
rites and requests the City to proceed with acquisition and the State agrees to reimburse
the City for its share of the coat of such right of way providing such acquisition and
reimbursement are accocplishad according to the provisions outlined herein and agreed to
by both parties hereto.
Y The State, without cost to the
ATIQU OF RIGHT OF
LOCATIO Y D
City, will o the necessary preliminary engineering end title investigation to order to
supply to the City the data and instruments necessary to obtain acceptabla•title to.the
desired right of way.
DETERMINATION Op RIGHT OF WAY VALVES1 The City agrees to make a determination of
property valuee for each right of way parcel by methods acceptable to the City and
to submit to the State's District Office a tabulation of the values so determined,
signed by the appropriate City repreeentative. Such tabulations shell list the parcel,
uumbere, ownership, acreaage, and recommended compensation. Compensetton shall be~shown
in the component parts of Lind taken, itemisation of improvements taken, damages, if any,
(offset by enhancements, if any,) to the remainder, if any, and the amounts the total
compensation will be reduced if the owner retains improvements, This tabulation shelf
be accompaniod by an explanation to support the determined values, together with a
copy of information or reports used in arriving at all determined values. Such work
will be perloemed by the City at its expense without cost participation by the State.
The State will review the data submitted and may base its reimbursement on the values
as determined by this review. The State, however, reserves the right to perform at
its own expense any additional investigation deemed necessary, including supplemental
appraisal work by State employees or by employment of fee appraisers, all as may be
necessary for determination of values to constitute the basis for State reimbursement.
(See attached sheet which to made a part hereof.)
T
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Form D•15-37
Fags 2 of 5
Rev, 7-77
If at any stage of the project development it is determined by mutual agreement
between the State and the City that there should be waived the requirement that
the City submit to the State property value determinations for any pert or all
of the required right of way, the City will make appropriate written notice to
the State of such waiver, such notice to be acknowledged in writing by the State,
In instances of such waiver, the State by its due processes and at its own ex-
pense will make a determination of values to constitute the basis for State
reimbursement.
NECOTIATIONSt The State will notify the City as soon as possible as to the Stat%.'s
determination of value. Negotiation and settlement with the property owner will be
the responsibility of the City without participation by the State) however, the City
I will notify the State immediately prier to closing the transaction so that a current
title investigation way be made to determine if there has been any change in the
title! The City will deliver properly executed deeds which together with any curs-
tive instruments found to be necessary as a result of the State's title investiga-
tion will properly vest title in the State for each right of way parcel involved.
The costa incidental to negotiation and the costs of recording the right of way
k instruments will be the responsibility of the~City. The cost of title inveotiga-
tion will be the responsibility of the State.
CONDZMMTIONt Condemnation proceedings will be initiated at a time selected by the
City and will be the 'City's responsibility at its'own expense except as hereinafter
indicated. The City will obtain from the State without cost current.title informs-
~
ondemnatioa proceedings are to be initiated.
tion Exce t and at anher.ineftinaetine r datoata at p the forth ttime c City will eon
{ 1 eaodin s and s notice of Its pendent for each case they nfile ame condemnation pro-
8 e In the name of the State, and in
each case so filed the judgment of the court will decree' title to the property con•
damned in the name of the State. The City will accomplish the legal procedures and
curative matters found to be neeessary as a result of the State's title inves'a ga-
tion, fulfilling the obligation to properly vest title in the State of Texas,` The
City MAY, as eat forth herein under "Excess Takings," and where it to determined
to be necessary, enter condemnation proceedings in its own name, property acquired
in tho City's name must comply with the requiretrmnts set forth in the engineering j
dage and title investigation previously furnished the City by the State at ouch I
time as the City conveys mild property to the State.
r,'OURT COSTS, COSTS OP SPECIAL Cr{ISSIONCAS' NEARINU. JD APPRAISAL ZXPENSEt •ourt s
costs and cost$ of Special Comm sotonara hearings assessed against the State or City 1
in condemnation proceedings conducted on behalf of the StAte and fees incident there- tos will be paid by the City, Such costs and fees, with the
exception of recording
fees, uill,be oligible for 90 per cent State reimbursement under the established
wlmbursemei,k procedure provided such coats and fees aro eligible for payment by the
state under ae-Arcing State law. Where the City uses the State's appraisers employed
on a too basis In Special Commissioner' hearings or subsequent appeals, the coat of
the appraiser of updating hit report, of preparing new reports, preparing for court
I testimony and appearing in court to testify in support of his appraisal, will be paid
direct by the City, but will be eligible for 90 per cent State reimbursement under
established reimbursement procedure provided prior approval for such appraiser has
been obtained from the State. The fee paid the appraiser by the City shell be in
accordance with the tee schedule set forth in the appraiser's contract for appraisal
services with the State.
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Form V-0-J!
Page 3 of 5
Rev. 7-77
EXCESS TAKINCS1 In the evert the City desires to acquire land in excess of that re-
quested by the State for right of way purposes, the Statere cost participation Will be
limited to the property needed for right of way purposes. If the City elects to ac-
quire the entire property, including the excess taking, by a single instrument of con-
veyance or in one eminent domain proceedings the property involved will be acquired in
the name of the City and that portion requested by the State for right of way will be
conveyed to the State. When acquired by negotiation, the Staters participation will
be based on the Staters approved value of that part requested for right of way pur-
poses, providing such approved value does not exceed actual ptyment made by the City.
When acquired by condemnation, the Status participation will be in the proportionate
part of the final judgment amount computed on the basis of the relationship of the
Status approved value to the Staters predetermined value for the whole property.
r~ WROWMENTSs Property owners will be afforded an opportunity in the negotiations.to
J retain any or al.l of their improvements in the right of way taking. In anticipation
f of the owner desiring to retain his Improvements, the Staters approved value will In-
elude the amounts by which the upper limit of State participation will be reduced for
i the retention. It Is further agreed that the upper limit for the Staters participa-
tion In the Cityrs cost for in improved parcel will be reduced as shown in the Staters
( approved value where the owner retains in Improvement which is to be moved by either
ii the City or the owner, In the event the Improvements which arei in whole or part, a
part of the right of way taking are not retained by the owner# title to to be secured
In the name of the States The State will participate in the acquisition of a structure
a severed by the right of way line if the part of the houses building or similar strut-
turn outside the right of way cannot he reconstructed adequately or there, is nothing
but salvage lefts provided the Staters value is established on this basis and provided
title to the entire structure is taken in the name of the.States The State shall dis-
pose of all Im rovementr ac uired. The net revenue derived by the Stag from the die-
position of any improvements sold through the board of Control will be credited to the
cost of the right of way procured and shared with the City. .
R_ Et.OCATI9N OF tTTiLITIESr If the required right of way encroaches upon an existing
utility ovate on its own right of way and the proposed highnay construction requires
the adjustments removal or relocation of' the utility facility, the State will estab-
lish the necessity for the utility works state participation in the cost of 'making
the necessary ebange loss any resulting increase in the value to the utility and less
any_satvage value obtainable, may be obtained by either tha "actual cost" or "lrmrp
srsm" procedures. Reimbursement under "actual cost„ will be made subsequent to the
Cityrs,certifieation that the work his been completed and will be made in an amount
equal to 90 par suet of the eligible Items of post as paid to the 'utility owner, The
'!lump sumrr procedure requires that the State es;:ablish the eligibility of the utility
work and enter into a three party agreement with the owners of the utility facilities
and the, City which sets forth the exact lump a= amount of reimbursement based ou a
prior appraisals The utility will be reimbursed by the City after proper certifica-
tion by the utility that the work has been done, said reimbursement to be on the basis
of the prior lump am agreements The State will reimburse the City in an amount equal
to 90 per cent 6f the firm commitment as paid to the utility owners The foregoing is
{ subject to the provision that the individual lump sum approved value shall not exceed
$20,000, except as specifically approved by the state, In those cases where a single
operation is estimated to exceed $201000, the transaction will be brought to the atten-
tion of the State for determination of proper ',andling based upon the circumstances
Involved- Such utility firm commitment will to an appropriate item of right of ways
i The adjustment, removal or relocation of any utility line on publicly owned right of
way by sufferance or permit will not be eligible for State reimbursements The term
"utility" under this contract shall include publicly, privately, and cooperatively
owned utilities.
s ,
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1
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Form D-15-37
Page 4 of S
Rev. 7-77
FENC12Q REQUIREMENTS:' The City may either pay the property owner for his existing
right of way fences based on the value such fences contribute to the part taken and
damages for an vafenced condition resulting from the right of way taking, in which
case the estimated value of such right of way fences and such damages will be in-
cluded it the recommended value and the approved value, or the City may do the
fencing vn the property owner's remaining property.
Where the City performsright of way fencing as a part of the total right of way
consideration, neither the value of existing right of way Yences nor damages for
an unfenced condition will be included in the recommended value or the approved
value. State participation in the City's cost of constructing right of way fencing
on the property owner's remainder may be based either on the actual cost of the
fencing or on a predetermined lump sum amount. The State will be given ereiit
E I for any salvaged fencing material and will not participate in any overhead :oats
of the City.
t
If State participation is to be requested on the lump sum basis, the State and {
the City will reach an agreement prior to the actual accomplishment of work as to
the necessity, eligibility, and a firm commitment as to the cost of the entire
fencing work to be performed. The foregoing is subject to the provision that
the lump sum approved cost shall not exceed $20,000, except as specifically
approved by the atate, In case the fencing is estimated to exceed $20,000, the
transaction will be brought to the attention of the State for determination of
proper handling based upon the circumstances involved,
REIMURSIMM The State will reimburse the City for right of way acquired
after the date of this contract in an amount not to exceed 90 per cent of the
cost of the right of way acquired in accordance with the terms and provisions
of this agreement. The Status reimbursement will be in the amount of 90 per
cent of the State's predetermined value of each parcel, or the net cost thereof,
whichever is the lesser amount.
If condemnation is necessary and title is taken as sot fo.th herein under the
section headed "Condemnation", the participation by the State shall be based on
the final judgment, conditioned that the State has been notified in writing prior {
j to the filing of such suit and prompt notice is also given as to all action,takan
therein. The State shall hove the right to become a party to the suit at any time
for all purposes, includ+ng the eight of appeal at any stage of the proceedings.
All other items of cost .;call be borne by the state and the City as provided by
other previsions of this agreement.
If a lump `.-tm fencing or utility adjustment agreement has been executed the state
will reimburse the City in the amount of 90 par cent of the predetermined lump sum
cost of the right of way fencing or utility adjustment.
if the City prefers not to execute a lump sum agreement for either fencing or utility
adjustments the State will reimbursa on the actual coat of such adjustmentso The
City's request for reimbursement will be supported by a breakdown of the labor, t 1
materials and equipment used,
CEN£RALt It its understood that the terms of this agreement shall ripply to now
right of way authorized and requested by the State Dopartmant of Highways and
Public Transportation which is needed and not yet dedicated, in use, or previously
acquired in the name of the State or City for highwsy, street, or road purposes,
This Agreement shall also apply, as to any existing right of way, to outstanding
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Form D-15-37
Page 5 of 5
Rev. 7.77
property interests not previously acquired and to eligible utility adjustments
not previously made, as authorised and requested by the State Department of Highways
and Public Transportation,
i It is understood that this contract shall be effective from and after the date of
f full execution by the State of Texas.
It is further understood that if unusual circumstances develop in the right of way
acquisition which are :,ot clearly covered by the terms of this agreement, such un-
usual circumstances or problems will be resolved by mutual agreement between the
State and the City.
`I
CITY OF , TEXAS THE STATE OF TEXAS
f Certified as being executed for the
Mayor purpose and effect of activating sad/or
carrying out the orders, established
policies, or work programer heretofore
approved and au '
thorissd 15the
I y state ;
Highway and Public transportation E
f I Commissiont I
State Beginner-Directot for Highways
end Public Transportation
Executed and approved for state Highway
and Public transportation Commission
under authority of Commission Micate
70104.
1
ATTESTS REr,O*MNDED FOR APPROVAL
E ~
D strict Engineer
i
Program Engineer
Chief Engineer o HigrGY Dae gam`
Rt$ -o slay Englneor
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In accordance with Paragraph d2, under the heading "DETE&4INATION
OF RIGHT OF NAY VALUES", herein, the County hereby requests, and
j the State agrees, that the States by its due processes and at
i its own expense, will make the determination of values to con-
stttute the basis for State reimburaement.
(Attached Sheet)
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AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, HELD IN THE MUNICIPAL BUILDING ON THE 5TH DAY OF JULY,
A.D. 1978.
R E S O L U T I O N
f. WHEREAS, the City of Denton is desirous of proceeding with
i
the purchase of right-of-way for the north portion of Loop 288
from the proposed intersection with Highway 380 to its intersection
with Intestate Highway 351 and
WHEREAS, the Stat-n of Texas Department of Highways and Public
Transportation has submitted a participation contract for the pur-
chase of right-of-ways
NOW, THEREFOFS, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF bENTON, TEXAS:
I That the Contractual Agreement for Right-of-Way Procurement
s
with the State of Texas Department of Highways and Public Trans-
portation is hereby approved and the Mayor of the City is authorized
€ to sign the same. ti
PASSED and APPROVED on this 5th Day of July, A.D. 1978.
i
.10E MITCHELL MAYOR
CITY OF DERN
ATTESTS
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BROOKS HOLT, CITY S1;CRETk1Y
CITY OF DENTON
.
APPROVED AS TO LE;AL FORMi
PAUL 0. ISHAM, CITY ATTORNEY
CITY Ov. DENTON
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N. Melvin Simon 3 Associates, Inc.
1712 Norlh Morldlon Street
P. O. box 44230
IMIonopolis, Indlono 46244
Phone: (117) 926-6021
June 26, 1978
Mr. Jack Owen
( Assistant City Manager
City of Denton
Municipal Building
Denton, TX 76201
RE: City of Denton
Golder Triangle Mall
Denbon, TX
Dear Mr. Owens
The 1>erton Mall ompany hereby requests that the City of
f
1 Dentor obtain fran the"Tenas State Department Of Highwaysj
the design and oanstruction of a "U-tin" below the over-
peas at I-35E'and stale highway Imp 288. The pncpose for
this turn is to route I-35E eoutl+bourtd traffic to the north-
bound service mad for ingress to the proposed stropping
center.
I %b ur&rstand that an approval is required from the City
Council and ragrsest that this item be placed "on the next
agenda for apWaval. We further =10retan3 that this ap-
prc is required to permit the City of Demon to make re-
1Lj quirea payments to the Texas State *artwae~nt of Higgss, with
funding provided by the Denton Mali Corry.
Rospectfully yours,
ME VIN SDW ASSOCIATES, Dr.
P. Ma
Project
WM*ojb
ao R RicharDoellke
d Ervin
Rick Svehla
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C/TYof DENTGN, TExA$ MUNICIPAL BUILDING / DENTON, TEXAS 76201 /TELEPHONE (817)382.9601
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I MEMORANDUM
TO: Jack Owen 1
FROM: Rick Svehla
1
DATE: June 28, 1578
RE: Resolution asking the Highway Department to do a preliminary
f design for a "Texas U-Trlrn".for Loop 288 and I-35
ate have been asked by the developer of Denton Mall to, pursue the idea of a
U-turn at Loop 288 and 1-35. Tile Highway Department will do the design and
I~ the construction only upon our request. The cost of the desi n is estimated
by.the Highway Department to be s15,00D and the actual construction for the
U-Turn is estimated at $270,00D. Although the City will sign the contracts
with the Highway Department, it will only be acting as a middleman. Funds
for the design and construction will be furnished by the developer of Denton
Mall. It is my understanding that the City Attorney is drawingg up; the proper
resolution authorizing the Mayor to sign, which requests the Highway Depart-
meat to begin the preliminary design phase. It would be my suggestion that
the Council proceed with the resolution, but that the Mayor not sign the con-
tract that will 'e issued by the State until the developer has put up the
funds requested by the Highway Department.
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DEPARTMENT OF COMMUNITY DEVELOPMENT
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CITYOI DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 16201 / TELEPHONE wn 382.9601
E
June 26, 1978
t
Mr. Anthony Scalise
6060 N. Central Expressway
Suite 702
r Dallas, Texas 75206
4 i .
Dear Tony:
I
Enclosed ydu will find the sales agreement and contract for your
signature. After reading it and if it meets with your approval please
it s19A it and return it to
me. I will get the proper
signature
or signa-
tures from
~ the City, then Y will send you a copy for your files.
j
If you have•any question, please let me know.
Sincerely,
I f P,
E. E. Jones
tl
SALES CONTRACT
THE STATE OF TEXAS X
BY T}[IS AOrXEMENT AND CONTRACTS
COUNTY OF DENTON X wt.
Anthony Scalise Trustees .
hereinafter called Seller, acting through the undersigned and duly
9 authorized Agent, hereby sells and agrees to convey unto the City
of Denton, Texas, a Municipal Corporation, hereinafter called
Purchaser, and Purchaser agrees to buy the described property lying .
and being situated in the City and County of Denton, State of Texas,
and more particularly described as an approximate 68 acre tract out
of the tract described in Exhibit "A" att-ched hereto and made a
1 part hereof. Said 68 acres being out of,the most eastern portion of said
tract,
The purchase price is $150,000.00, cash, payable at closing,
I• Closing to be on or before July 14, 1978.
Seller agrees to furnish a Title Insurance Policy to said
i
property, which shall be conveyed free and clear of any and all
encumbrances.
Seller agrees to pay for the surveying and providing the metes
and bounds description of the 68 acre tract.
If any title objections are made, then the Seller or his Agent
shall have a reasonable time to cure said objections and show good,
and riarketable title.
Seller agrees when the title objections have been cured, to
deliver a good and sufficient General Warranty heed properly conveying
said property to said Purchaser.
Taxes for the current year are to be prorated to the date of closing.
The purchase of said property is subject to the approval of the
City Council of the City of Denton, Texas.
Closing will be handled by Lawyers Title Company of Denton,
,Executed in quadruplicate this the day of 11vie
E
' A.D. 1978. '
f CIT DENTON, TEXAS l'
PUP 'HA ER SELL D /
4 BY:
.~x~w K ,da.~ - Qi ,
EXHIBIT A
ALL that certain tract or parcel of land lying and being situated
in the County of Denton, State of Texas, being part of 2/3 of a
~a League of Land patented to Gideon Walker, October 8,•1845, by
r Patent No. 242, Volume 4, and described by metes and bounds as
follows;
a BEGINNING at a point in the middle of Pecan Creek, 9 vrs. South,
76 degrees 15 min. East of a fence post from which a Pecan 8 inches
in diameter bears East 4 varas, a pecan 10 inches in diameter bears
North 24 degrees West 12 vrs., said point being in the North Line
of a 82.62 acre tract owned by I.E. Edwards;
THENCE with fence North 76 degrees 15 minutes, West 893 varas;
THENCE with fence North 2 degrees West 42 vrs, to the middle of lane;
THENCE with middle of lane West 947 varas to the Southeast corner
of the school tract of 1 1/2 acres
THENCE North 1 deg. 30 min. East 70 varas to the Northeast corner
of raid school tract;
THENCE North 89 degrees, 30 min,' West 112 varas to the Northwest
corner of said school tract, the West Line of said Walker Survey;
THENCE North with the west line of said Walker survey and the middle
of lane, 301 varas to the Southwest corner of a 16.91 Acre tract
conveyed to W.T. Evers;
THENCE Last 1192 varas the Soutbwest'corner of a 23.58 acre tract
owned by W.T. Evers;
! THENCE South 50 deg, 30 min. East with said Evers tract, 345 1/2
varas to a point in the middle of Pecan Creek;
THENCE down the middle of said creek with its meaners to the place
of beginning, containing 108.05 acres'of land, more or less.
This conveyance is made subject to the 1/4th mineral reservation
contained indeed from Federal Life Insurance Company to Florence E.
Habern, dated the l6th`day of June 1941,' recorded in Book 290, ;
page 577 of the Deed Records of Denton County, Texas.
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CITY W DEWM
MEMORANDtM
i TO: Chzis Hartung, City Manager
j
j FROMs King Cole, Assistant City Manager
DATE: June 29, 1979
SUBJECTr Status of Funding of County-Wide Ambulance Service
(In June 1, 1978 the County Commissioners called a meeting of all cities
in Denton County interested in emertency medical services. That meeting
turned ou: to be a rather large grot.p and did not accomplish much in
making a decision on a funding policy. The County Commissioners se-
lected a subcommittee frcu this group to study the funding possibilities
and make a recommendation. John Maxwell and Jack Gentry of the City
of Denton were appointed to this committee.
This committee has met three times since their formation to discuss the
various funding plans. Their last meeting was held on June 27th and
at that meeting they made the following recommendations to the County,
That the County do either of the followings
A. The County will assume all financial administrative responsi-
bilily for the ambulance service in Denton County. rn Denton's
j case* this would require the County to make An annual contri-
bution to tPs City of Denton that equalled the Amount by which
j our expenses exceed our revenues
OR
B. The County will pay to each entity providing ambulance service
in Denton County the sum of $2.50 per capita based on the
area served. The City would, however, be precluded from making
a profit.
The subcommittee agreed to take these recommendations back to the other E
cities and the Commissioners' Court at whatever time a meeting could be
set up in the s-,e d from July 7th through July 14th.
XING LB
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CITY OF DENTON
MEMO
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TD: Chris Hartung, City Manager
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PROM: Tom Shaw, Assistant Purchasing Agent I
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DATE: June 26, 1978 i
SUBJECTi Bid 8375 Forklift I
This bid is for the purchase oc s•new 5,000 pound capacity pneumatic
j tire forklift. This piece of equipment will replace motorpool unit number
6690. The new forklift will be used at the Service Center complex under the
direction of the Solid Waste Department.
' r1
{ w We, along with the timing department, recon+-jend the low bid of Strewn
EquipLent for a model 42-2FOFS Toyota Lift Truck. the bid price is $13,977.00,
delivered to Denton in 30-60 days after receipt of order.
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CI'T'Y OF.DENTON
MEMO
TO. Chris Hartung, City Manager
nomf John J. Marshall, Putchasing Agent
DATE: June 27, 1978
SUBJECT: Emergency Purchase Order 4`10220 over $3,000.,)0
T':ir purchase order is fdr the emergency repair of the transmission,
brakes and starter on equipment number 2770, a Caterpillar motor grader.
The listed parts, labor and other charges are shovn on the attached
invoice.
We recommend this emergency purchase order to Darr Equipment Company
• for the amount of $3,031 02 be approved for payment.
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PURCHASE ORDER
DIRECT ALL CORRESPONDENCE ONO INFORMATION NUMBER '10220,1E
TOI
i PURCHASINO DEPARTMENT DATE 5-16-78 W.o, NO.
CITY OF DENTON
t MUNICIPAL BUILDING
DENTON. TEXAS 70201 TERMS OELIVIRY
BID NO. ACCOUNT No. 05-98-87-10 I
Darr Equipment Co, PLEASE SHIP City of Denton, Garage
P.O. Sox 20737
Da11as$ Texas
ITEM CITYSTOCKNUMBER DESCRIPTION GUAN, PRICE AMOvNT
1
Rig 12770 lI
Repair transmission, brakes, d starter inv. 109724 $39031.02 I
f Street dept., motor grader Cat. /12 Sr. 199E5292
purchase date 6-1-62
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TAX EXEMPT TOTAL
ALL PRICES SHOULD BE NET! IN CASE OF DISCOUNTS THEY WILL BE TAKEN FROM DATE OF INVOICE OR DATE OF DELIVERY, WHICHEVER
ISTHE LATEST. THE CITY OF DENTON DOES NOT PAY INVOICES UNTIL THE LIERCHANOISE HAS BEEN RECEIVE O. INVOICES THAT DO NOT
HAVE A PURCHASEORDER NUMJ WI LL BE RETURNED TO THE VENDOR UNPAIQ, ALL DELIVERIES MUST BE SIGNED FOR BY AN AUTHOR.
IZED EMPLOYEE, ALL PURCHASES ARE MADE BY THE PURCHASING DEPARTMENT AND WITH A PURCHAFE ORDER NUMBER,
CITY OF DENTON
DENTON, TEXAS SY 6~~
JOHN J. MARSHALL, CPO.
PnRM No. aulo Pui chasing Agent
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' ~ / /!r0 Ec. Hl7.DMY4 TNN i171!•ltul.„-7poD
u 1I CA7ERPILLA1-
$ALSA NRVIBE i
' Sao so
Aiq/.r NtMIN MVDCI M111A Oa11
CITY OF OENTON 214r~?~50y~1Y rrpS007240 6/1S7T0
Wf AGYDIMry p. rot lwrwa rant rasr
M 4tN TAa3N! t.,_ >t r.
T rAR A'bA ~f WJ b."A "I C,.*Tpd M!! /mt a~
O Y r N H ItN 7pN'NN• Iwo" NM
nrANANwi PAGE 2
DEC 103 M 3-771
" m b NK wtK . r•or K a 1"N NreNNa.e ewa w+N1a rYe T 4 .aNNN Yn Y/g
DD27S rooa NN4 NwER~
B 10220
DWNMY rM}NWIII N1CMrgN
REPAIR TRANS JUMPING Out Of GEAR few urarrt~
? I 402664 GASKEt Oal
i 1F1006 OaNEL tC6 rfJ •/4
1 2FS94? BOOT k' 6lJ
K OAK 4124
S 991412 SEAL 029 424.
1124
' i l...r.'; 1024...
R I 1 ENGINE
1s 501263 CN 1105E r , .,,•v ,r I
18 t a.
501265 CH 14aSE 136 023 ^ !!4S, ll
_ 136 024 4.12... I
REPAIR FLYWHEEL RING GEAR N
S ?0815? 6ASKCt CAO 601 «
1 4 2F4$06 GASKET" CAL 6404
1 2143511 ROLLER A 1601 ,-:1601•-•
1 2143525 WE 011 16.61 1616?
1 241026 RING 1a e t a « 0Oil
11 14192 10.42
1 2Y,3546 RING 116 S16S " 5.65
►rl It ..A 164 .69
I ITEMS NOT SH01VN ARE SACK ORDERED
1\ 41 nlvm Mt K KINWnW 1I N.en Y DNS'[ Kt. 1. N t~wr ~yNwn
!M NNk+4 rMM rD 2 A fN W
ft'd i I - NN•. INriM 4 on Ar'!^I drN N N N16N M Y Mvw1 Iwe.= `M IN'Wa r "'p, II M
y TOTAL
IOCFi y
aC 60Q1phREllT -4-60-k 1
AO. DON 3N7.Dwo TNe1 f1»e• n.n31-3000 CUSTOMER'S COPY
` 9 ALE4, DfIMCK O rYl
hero CITY or DENTON
N PE A%O MrKMIR wale 6Art
ATT ACCOUNTS PAYABLE 2i~150
215 C MCKINNEY 00?248 6/10/70
DENTON Tx J6201 A„tE klY 4Na~ 'r~a'(r~rT, A 1
rAA AMA w N ;A1srN0Aiii'~1
D.41=1. al~~ •e M1on aNl M
Mfr TO Y '~'h NY M
aNq. Tun
4 t SEE CAT OUALITY IN A WA
JUN S~ 1913 ASK YOUR CARR NAN ABOUT tHEPD13xtie) 451
DEC 303 IA 3.07)
N»nNM MN MnN ri rro• ~
• 1.1 w aNOU MMN1 HO K .a rs.Kn M n r.ro
042157 p Ylrt ~ , 0000! NW INy1l1
w6nnn -6 MrNNru 10270 J2 210 61 1 12 49 0529
NICIrTgll'
AU1kQRIlEO AY RON ALLtSaN ""0'"* '
CUSTOMER EQUIPMENT NUMB[R 2710
CUSTOMER EQuIPMCNT kUMBCR 2TJ0 r.
J REPAIR BRAKES
12 395301 COTTER 0 F` 1
I 40b150 CTLINOER „1 PAL 102 124 .
2 403210 CABLE A 140 ?1116 25620..
2 OKOJ40 403213 SHOE 2,60
2 9X0)10 4D1214 SHOE 1242 O1! 15.00 10600 1
6
1 It 0201380 S•2 BRAKE FLUID 1242 1210 140 016 145 . 00 60 10600
REPAIR SCARIER 4.60
I OGO)06 STAR RIPAIk 6Rp
1 S 441829 boot eJu 25421 25•?J
{ 0 4MI046 BRUSH A 014 3631 345)
1 4M1668 ARMATURE 034 1020 4.60...
i 10'1506 CLut9H A 014 108614 106194
_~SQ2StL1iDU81!!O._ D1, 61616 6[1f6
. =~--;-r - `._17(MS NUT SHOWN ARE IALK tlRDfR(0 D36 OA~.1 -x0.04-
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n ae m
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r~tw~
F/tt'»ref ' •
W1 PO fr. 34e1.a.Na Tr n 162u.14 .30-TOGO CATERPILLAR ■■■G■
AANt~[FWCL• 0
fOlf TO A="? wN,MR - NYO" "Jb4MR Utz ~ ^CITY or UNION 214150 091246 e/lsila<
TIRMS. NF qf.1 RFfD11~ 1ep 41 /O f. KFO /OIM 1/ArI T
DuACGn1JN enpT.. . .
'MR NnTI It A lU re N'A I Ye /AR er 6.p❑~Aq~ ee a tw Mr e b#
/W ppl~an AAl y,menu per 1.Nr ar0 e Ramon M#4 N
reN h DNe1 ~wlnT.
fw to
PAGE /
ra a N.en
OEC 603 el 011
N m oA Ill re'M r /ACw M ow N errrteet ee OR#Q MINeR he M A 6..111 Y rt ew+m pe#A eeleAl W WYI
- 002?5! u 10220 ,I / qq
' *~IT1 PART MAMe1 +r waarroR MMC# Ae10w11T
1 1 s 1k6025 GASK[T GAD 05 X95
1 651113 SA TCH A :Oil 11644 1f~~4
' ! 1 9x5000 641911 STAAIL4 , t, 12+2 014 2904OD 246600
L r r p
{ TRAVEL TIME
NON 60220?6 NISC[LLAN[OUS CMAROCS
i ) NSLCAOE 0416 41#60 41.60~i
LABOR
k R ! 1 ENGINC
=052 40600 ° .
OThER LABOR 1/44E~Z1
TOTAL LABOR I►91~~21
3 HISC4 HARDWARE CHARGE 000 4151
- ITEMS 140T WWN ARE BACK ORDERED
~ F1m1 n«I,e' Yr ea-r« N levm rrM rtewaetiW M nrswe Y 61110 N! N w In1e tMi4n
M N near «IM tl rrr A If ewMp A`YW M N rrrh r V 10.01 pN [rr„R M ernWrr Y MrteTrr wal M
e+wamnnaw TOTAL 3#031602
._.......-._.r EB'
. -CUSTOM
COPY
71W OWL t.,n Fm s I%/43e-TOOp . .
ll1f~ L-J[~J ® ia St EAWtii P ■
SAL ARTS
f0u TO ■+wrr• AIVOICI ftjMmg wn
CITY of UNION
214rsoTp~ 1 09124G 6/IS/18
TERM ~ACCRqu~T 1M~ril 1e MIfMM6POMp. /AUT .
AM"
/'~R'~~R'S#Ael ~v`I' w~ e~INAiri~ e. p~ei eI
i.T.L~ n Di1.l Ger~nlr'taesrAMe R«ea IReR
er.. PAGC 2
DIG f0i f-t11
w w a w rrt, r Tries n a wr11nR a Mwu ,w a,a wAwe MI! e.+M woos wriR "us
002151 8 117?D J 2 0 1 f2 q
ewAmny 'Y ART ROMR 49
M#GM}pR
1 a lN0024 GAS+4ET CAD # 081 A.OL«,D1
1 a 100025 GASKET GAD 49 .695
2 IN2910 AING 00L IOB92 21#34 .
T S 105469 5140 G[AR 214#0? 214602
1 22 4925 SPAAY PENETRANT 1240 140 2059 2459•
r. •.pM1
CLEAN NACHINC
REPAIR OIL LEAK POMER 609
b 340015 PLuO PBI 1F18 bevb';
1 A .609117 GASKET GDL .64 fry.
I A N4136 GASKET GDL 2#19 2019...
6 300180 SCAL 020 F6A Ie84
E WAIN OIL LEAK STEERINO 009
1 GALS 300 Oil 12r0 1+00 100
} SLl'Ai$ILCSI_GTUtli1O stcix
..rr'.'i _IT[Mf NOT BNVANOW'N ARE BACK 0k0fPFD
,.«a i.` ,Y"'~, ~.nrrwwwn i. r:n~i ~ eR,r:.'S'u e.'n iew`•an`iw`"~`
w
CITY OF DENTON
MEMORANDUM
TO: Chris Uartun
g. City Manager
j FROM' Xing Cole, Assistant City Manager
DATE: June e9, 1978
SUBJECT, Change Order No. 1 to Lighting
Municipal Airport Improvements at Denton
The runway lighting system at the airport
current transformer that to currently is regulated
shed located under the Y located in a by ° constant
is located within 50 feBeac
of fuAl onthe eo storage d is not secured metal
TOkr stor shed is not secure and it area.
for a serious accident and we are There is
j this sltustion. Proposing this change order totremedy
the engineer And Will enottbehavailable untilaMondow bein
order g prepared by
change but basically the
Proposes the followings Y,
A. Installation of a Prefabricated Morgan Building to house the
transformer and all other electrical lightin
building will be three-aided and attach diroctiy to the baThick
- of the Airport Terminal Building, g controls, s
B• Installation of electrical conduit and cabs from the new
location of the transformer to a connecting location wi
the lighting System, with
The projected cost of these
The FA11 has agreed to improvements is approximately
if funds are g Participate in this change at go% of$4'2b0,00.
do have sufficient val lablads budgeted fed are not available from the ndi"'
cost'of this change. 9 our 10i matching fund to cova the
{ The Airport Board has reviewed this change order a"
proval to the city council, recommends ap-
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