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HomeMy WebLinkAbout02-20-1979 AGENDA CITY OF DENTON CITY COUNCIL FEARUARY 20, 1979 (1 x Regular Meeting of the City of Denton City Council, Tuesday, February 20, 1979 at 700 p.m. in the Council Chamber of the Municipal Buildingi r ss. 1. /Consider the minutes of the Regular Meeting of February 6, 1979 the Special ✓ Called Joint Meeting with the County Commissioners of February 130 19791 and j the Special Called Meeting of February 13, 1979. j t a' 1 Q-23. Consider the quitclaim of several utility easements and streets located 0 Q ~on property south of I-35 and east of Denton State School Road on condition of reimbursement for removal of electric utilitiod. } onsider entering into contract with Forrest and Cotten for design and engineer- 3 F Ing of Robertson Street overpass. ! Consider final payment to Denton Construction Company for construction at ! Trade Square. /k,4- Q,, U44&%46L~ " Q-22. Consider the quitclaim of a utility,easement located in the center of Lot 41 Block 135, on the north side of Coronado Drive. 5. 3 6. Consider disposition of two parcels of real city property - parcel A located n the east side of Carroll Boulevard immediately north of Highland Street and 6 areal B located on the east side of the intersection of Carroll Boulevard and ~ort worth Drive. 7. Consider instituting annexation proceedings regarding a 12 acre tract located on the north aide of scripture, immediately west of the A5TF railroad tracks. 4 This is the petition of Me. Ann Powell, 2-1370. 8. Consider submitting applications to EPA for engineering (Step II) funds for design of Hickory Creek sewer interceptor line. 9 Consider payment to Denton County of a portion of the proceeds from the sale S of the City's Civil Defense aircraft. Consider exercising the lease purchase of the Terox scraper used at the S•P sanitary landfill. Bid 48562 (presently leased). 11. ADINANCESi j j Consider adopting an ordinance changing the zoning from Single Family to Commercial on Lots 18 and 19, Block 349 owned by John Porter. e. Consider adopting an ordinance changing thi zoning from Agricultural* Ingle family on Lot 4, Block 3037 and being a proximately 36.646 w acres df land owned by Joe Belew. I { l I 2-1372 - Consider adopting an ordinance changing the zoning from Two- Family Commercial on Lot 11, Block 431 located at 513 Bolivar S and being owned by E. L. Hughes. E 1 WWI - 2 - D. Z-1ti369 - Consider adopting an ordinance changing the zoning from Mul-Family to Office on a .22 acre tract of land owned by Mrs. 1 Silla Gulrich located at 317 Mulberry. Consider adopting an ordinance amending the water and sewer rate. t 5 F Consider adopting an+ ordinance calling for a municipal election on t April 7, 1979. 12. RESOLUTIONSt i Consider a resolution creating a joint City/Co,mty Information and x ( 1 A Request Committee. B. onsider a resolution authorizing the City Manager to submit and sign 0 an application to the Civil Service Commission for grant-in-aid assis- tance as provided for by the Intergovernmental Personnel Act of 1910. /13. Consider matters relating to pending legislation. nilj 4. Consider notification from Acrosmith Denton Corporation eonc rn~i g building new hangars at Denton Municipal Airport. I Consider approval of water line maintenance agreement with Denton Mall. q 16~Consider Consent Agenda. (i / Q CONSENT AGENDA ,]w 7/ Each of those items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendation. Approval of the Consent Agenda { authorizes the City Manager, or his designee to implement each item in accordance j with the Staff recommendations I A. REFERRALS i (1) Z-1379. This is the petition of Mr, Cengiz Capan requesting a a change in zoning from Multi-Family (MF-1) to Single Family (SF-7) classification at 923 West Oak Streut. (2) Z-1380. This is the petition of Mr. Barry Wachal requesting a change in zoning from Agricultural (A) to Single Family classifications (SF-10) and (SF-7) on a 44.4 acre tract lo- cated adjacent and east of Greenway Club Estates. SF-10 f classification is requested on 12 acres adjacent and east of Greenway Club Estates# SF-7 classification is requested on j the remaining 32.4 acres. J I (3) Z-1382. This is the petition vE Mr. John Cottreol requesting a change in zoning from General Retail (GRf to Commercial (C) ) classification on a .63 acre tract located on the north side of I-35E, 500 feet east of the intersection of 1-35 and Mayhill Rd. Y r { I 3- I~ B. BrD8t f~ (1) 48635 Concrete work at swimming pool E j (2) 18637 Cement, lime and road material (3) 8638 Selecti•,-% vegetation control in ditches and waterways C. Consider leasing property at Denton Municipal Airport to the Federal Aviation Atninistration for a maintenance building. 17. Executive Session i I f A. Personnel matters II D. Pending litigation C. Board appointments f f 18. Consider Board appointments. E I f r PIPER DENTON PIPER SALES RR 1 Nvnk1pafAlrport•Denton, rrmn76201 Teh (807)3974325 Dal/ft, Worth Direct 434.2611 Feb. 20, 1979 The Denton Municipal Airport Advisory Board Denton, TX 76201 Gentlemen: s' As requested in our meeting today at noon, Aerosmith Denton Corporation plans to build two rows of T-Hangars and a connecting office building per the plot plan shown to you today. The westerly row,of T-Hangars will probably consist of 17 to 21 hangars depending on market requirements and will j be of equal to or greater quality then the 35 T-Hangars f existing todayy built under the 1975 contract: Our estimates of cost for these hangars will be in excess of $6,500 per unit, The hangar floor will be asphalt and no wiring is initially anticipated, The easterly row of T-Hangars will be 60' wide by approx- imately 440 long and are to be designed to accomodate all cabin should be aircraft. approximately $150h000built, the over- ! The office and warehouse building to be built between the row is approximatoly and the new existing easterly at acost row of of *100,000. estimated In accordance with our contract, Aerosmith Denton will agree to grant the City first option to buy these facilities at construction cost of appraisal (whichever is higher) escallated at the same rate as the Consumer Price Index basis to be used in the anticipated amended 197 co tract. , n erely, Giles E. S President & General Manager : 1 F ' AT A REGULAR MEEIINO OF THE CITY COUNCIL OF THE CITY OF DENTOM, TEXAS HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 10TH DAY Of FEBRUARY, A. D, 1919. THE STATE OF TEXAS s COUNTY OF DENTON RESOLUTION IN APPRECIATION OF CITY OF DENTON 1 JACK OWEN WHEREAS, On March 1 1919 the C!ty ad Dtnton and its citizens Jack Cwen, an exceptional and dedicated will lcse the services el) public sesvantI and WHEREAS, that date will mask the end odckousteen Yeats ad public service with the City Ott Denton by Ja Owen; and WHEREAS, those yeaAe have been times ad steady civic accom- plishment by the city of Denton and Jack Owen has contsibuttd gstatty to those accompishments; and i i WHEREAS among those accomptiehmtnts were sigQnidicant etseet and bouttvitj projects such as the compptetion oS North and South Cassolt Souttvasd; the iepnovtment od Univassity to Malont, the extension and imp)tovement aBett Ave tl the improvement ad t, Sherman Drivtf and the completion ad impROvemente to McKinney ! Ststet dsa. 8ttl Avenue to Carroll outtvatdl and j WHEREAS, Jack Owen's eontAtbutton to the dittd o public works administration is known thkoughout the ~Statt an in 1911 he was neeortxed as the "Outstanding Man ad the Vtas in Public Woska in TtKas ) and WHEREAS, Jack Owen has served the City ad Denton In the capae- Was 06 Wattr and Sewtr SupeAintendent, In wtim Utitttits Director, Acting inanct Oi+tteton, Acting Paths and Rtattation 014ectos, Acting City Managex and Assistant City Manages; and WHEREAS these are oney a ew o6 the accom ttahments made dun- 44 1 irg the t m%t ad Jack Owen as asl'stant City Manages ad Denton; I 1 d4d k€ WHEREAS, Jack Owen has exhibited outetandtng expcatlde, Coupled. with hard work and an txetptional ability to solve problems, and has gained the teApect and admiration ad the Municipal Staid; NOW, THEREFORE, the City Councit a the City ad Denton acting on behatd ad the citizens ad Denton wishes to aeknowledt with grate- dui apprteiation the strutce od Jack Owen and the devotion ht has gtvtn to the ad ice ad Assistant City Manages a the City ad Denton, and osdtr that this Resolution be made a part ad the ad6iclal minutes n Of this Council to be a ptsmanent •stcosd ad the City, tTTiiat a copy od i this Rtsotution bt dorwardtd to him, the said Jack Owtn, as a token L od our appreciation. PASSED AND APPROVED this the loth day ad Ftbsuasy, A. D. 1919. } Ctry OF OFNt6N, TEXAS C ATTEST r i KS HOL4106 E CITY OF DENION, TEXAS 3 APPROVED AS TO LEOAL FORMS e 1 ITY ATTORNEY 1 I 83 City Council February 6, 1979 Regular Meeting of the City Council of the City of Denton, Texas, Tuesday, February 6, 1979 at 1:00 p.m, in the Council Chamber of the Municipal Building. PRESENTS Mayor Mitchell, Mayor Pro Tem Gay, Members Nash, Stewart and Hughes; City Manager Chris Hartung, Assistant City Managers Jack Dwen and King Cole, City Attorney Paul Isham and City Secretary Brooks Holt. Motion was made b Stewart, srcunded by Hughes that the minutes of the Regular meeting of January 16, 1979 and the Special Called meeting of January 230 1979 be approved. Motion carried. I 2, PUBLIC HEARINGS: A public hearing was held on the following 3 petitions: f ~ i (A) Z-1313, the petition of Mr. Robert Smith, requesting a change in toning from Agricultural (A) to Two Family (2-F) classification on 8.1 acres adjoining the eastern edge of North Lakes Park. 4 (8) 2-1374 the petition of Mr. Robert Smith, requesting a change in Zoning from grlcultural (A) to Single Family (SF-7) classification on 10.1 acres located south of Niadsor Drive, beginning 325 feet west of North University Place addition. 1C) 1.1375 the petition of Mr. Robert Smith, requesting a change in zoning from gricultura3 (A) to Single Family (SF-10) classification on 23.8 acres adjoining the western edge of North University Place addition. The Mayor opened the public hearing. After hearing 1 speak in favor and i none in opposition, the public hearing was closed. i John Lavretta, City Planner, advised the Council that the Planning 1 and Zoning Commission had approved the petitions unanimotsly, Council Member Stewart stated that several people had asked about a ' walkway to the park, Council members indicated the necessity of some type of access, either a street, a walk-way or both, LJ the PlanningLaavrndeZonitta thatnhe would pass the wishes of the Council on to Motion was made by Nash, seconded by Hughes that petition Z-1373 be i approved, Notion carried. Motion was made by Stewart, seconded by Nash that petition 2-1374 be a approved. Motion carried, I Motion was made by Gay, seconded by Nash that petition Z-1315 be approved. Motion carried. } (D) A public hearing was held on 2-1364, the appeal oO Ms. Joann t Cohagen, requesting a change in toning frwn Single Family (SF-7) :a Commercial r J (C) classification on .78 acre located at the southeast corner c,' Tallaferro and North Elm. The Mayor opened the public hearing. After hearing 5 speak in favor and 9 in opposition, the public hearing was closed, John Lavretta stated that 22 letters were mailed with 4 returned ip favor and 1 returned in opposition, and that the Planning and Zoning Commission j recommended denial of the petition. r , Motion was made by Hughes, seconded by Stewart that the petition be denied, notion carried 3 to 2 to deny the petition. I r ' i v i ~ I February 6, 1979 Continued 89 I (E) A public hearing was held on 2.1372, the etttlon of M. E. L. ' f Hughes, requesting a change in zoning from Two Family (24F to Commerciral (C) C classification on property located at $13 Bolivar, j The Mayor opened the public hearing, after hearing 2 speak in favor and none in opposition, the public hearing was closed, ~i John Lavrette stated that 8 letters were mailed with d returned in favor and none In opposition, f`. s Motion was made by Gay, seconded by Hughes that the petition be i approved. Motion carried. f~ (F1 A public hearing was held on 1.1368, the petition of Mr Joe { Belew, requestiing a change in toning from Agricultural (A) to Single Family (SF-1) E classification on 36.6 acres bounded on the east and south by Highland Park Road. This tract begins approximately 750 feet south of Willowwood. The Mayor opened the public hearing. After hearing 1 speak in favor .a E I and none in opposition, the public hearing was closed. ' i 1 M 1 M Council Member Nash stated that he was abstaining because of engineer- f ing involvement, W Motion was made by Gay, seconded by Stewart that the petition be mcl approved. lotion carried with Nash abstaining, (G) A public hearing was held on 2.1369, the petition of Mrs. Silts GulrichI reqquesting a change in zoning from Multi-Family (MF•1) to Office (0) classification on a .22 acre tract located at 317 Mulberry. The Mayor opened the public hearing, after hearing 1 speak in favor and none against, the public hearing was closed.' John Lavrette advised that the Planning and toning Commission recomm- ended approval. Notion v&s made by Stewart, seconded by Gay that the petition be approved. Motion carried. (N) A public hearing was held on 2.1370, the petition of Ms. Ann Powell, requesting annexation and light Industrial (LI) zoning classification for i a 12 acre tract located on the north side of Scripture, adjacent and immediately -west of the ATSF railroad tracks. This property begins $00' west of 1.35. The Mayor opened the public hearing. After hearing 1 speak in favor , . and none in opposition, the public hearing was closed, , John Lavrette advised that the Planning and Zoning Commission recomm- ended approval but that the Council cannot approve annexation at this meeting, but the annexation process will proceed. i '(I) A public hearing was held on 2.1371, the petition of Mt. John Porter, requesting a change in zoning from Single Family (SF 7) to Commercial (C) classification on 1.14 acres located z:. the northeast corner of I.35E and Lindsey i Street. The Mayor opened the public hearing. After hearing 1 speak in favor f and none in opposition, the public hearing was closed, John•levretta advised that 8 letters were mailed with 2 returned in favor and none in opposition. Motion wig made by Stewart, seconded by Gay that the petition be approved. Motion carried, , i I t Y i 9 0 February 6, 1919 Continued 1 W) A public hearing was held on gZ-1365, the petition of Mr. Dick 11 e Fa ily andrMultieFamilyn(MF-R}aand (MF 1)iclassification onm21 a:rest ocatedaonlthe2-F) west side of Carroll Boulevard, north of the Denton County Fairgrounds. The Mayor opened the public hearing. After hearing 1 speak in favor and none in opposition, the public hearing was closed. y Council Member Nash stated that he was abstaining since he was doing g some work on the project. h Motion was made by Gay, seconded by Hughes that the petition be i approved. Motion carried with Nash abstaining. x# ; 3. The Council received a request for improvements to Sherman Drive and related work on the lot belonging to Mrs. Sue Murphy, } The Council indicated difficulty in determining what Mrs. Murphy was requesting. I Motion was made by :ash, seconded by Hughes to instruct the City Staff to look at the problem and give the Council the cost of construction of a small retaining wall around a tree on her lot and changing the slope of the lower part of her driveway. Motion carried. 1, The Council reviewed the request of Mr. Charles Davis for head-in park- ing on the south side of Sycamore Street, between Bell Avenue and Expositicn.v Mr. Davis requested that he be allowed to install head-In parking for a new building. He stated that speeding was nit on East Sycamore since motorists I must cross 2 very rough railroad crossings. II h Motion was made by Stewart, seconded by Gay to approve head-in parking on the south side of Sycamore Street, between Belt Avenue and Exposition in front of Me. Davis' new building. Motion carried. f S. The Council considered instibiting annexation proceedings concerning a four acre tract located on the east side of Cnoper Creek Road, the request of Safety K1een Corporation, Motion was made by Stewart, seconded by Nash to direct the City Attorney t to institute annexation proceedings concerning a four acre tract located on the east side of Cooper Creek Road, the request of Safety Kleen Corporation. ?lotion ~ carried, b. The Council considered site plan approval for a portion of Planned Development 2--on the north side of Coronado. Motion was made by Stewart, seconded by Gay to approve site plan for r r a rtion of Planned Development 2--on the north side of Coronado with the following condition: (A) Density, building location, parking lot layout, landscaping and walks shall'correspond to this site plan. landscaping shall be completed i within 60 days after issuance of a certificate of occupancy. i s + Motion carried, 1 J i The Council received a report and recommendation from the Site Select- ion Committee and Architect for the Police and Fire facility. Rick Svehla stated that the Architect and Site Selection Committee ; r:-commended approval of the site on the south side of McKinney between Bolivar eiJ Elm. The Committee and Architect also recommended that the Architect be directed to begin plans for a new fire station on this. site and to renovate the i ; old City Hall for use by the Police Department. , Architect Stone gave a brief review of the use of the old City Hall as a Police station after renovation of the building, including building two floors of offices in the auditorium space. I The Mayor suggested that the Council review preliminary plans at a future i study session, The Council concurred, i , iR6lI 4M M .Ii WP 1 91 j February 6, 1979 Continued 9, The Council received a recommendation from the Plumbing and Mechanical Code Hoard for an extension of the time period of temporary gas service. ! No official action wit taken, other than receiving the recommendation. 9. The Council received a recommendation from the Staff on procedure to be used for payments for oversized utility lines and streets. ; Director of Utilities Bob Nelson briefed the Council. No official action was taken. Action will be taken through a resolution it a subsequent meeting of the Council. 10. The Council considered recommendation from the Parks and Recreation Board to consider a contract with NTSU for rental of a baseball field for the 1979 baseball season. The park location will bd Roberts rfeld at Mack Park for games of practice I purposes during February, Mach and April, 1979, 1 M Dick Huck, Director of Parts and Recreation, advised that this would not .I M conflict with the regular youth programs, and that the cost to NTSU would be on the basis of the City's actual cost, { Ld Motion was made by Stewart, seconded by Hughes to approve a contract with c% NTSU for rental of a baseball field for the 1979 baseball season. Motion carried. Q 11. The Council considered TMPA system development and reliability expenditure ? projects as approved by TMPA Board on December 14, 1973.aa The following Resolution was presented: A Resolution by the City Council of the City of Denton, Texas, relating to certain r system Development and Reliability Expenditures as certified to this Council by the Board of Directors of the Texas Municipal Power Agency; approving such System 1 Development and Reliability Expendltures; making certain findings in connection therewith; ratifying and confirming certain actions heretofore taken; and providing an effective date. WHEREAS, by ordinances heretofore duly passed, the governing bodies of the Cities of Bryan, Denton, Garland and Greenvt le, Texas, approved the execution of identical power Sales Contracts by and between such Cities and the Texas Municipal Power + Agency the execution thereof on behalf of the said Agency having also been app- roved by the governing body of the Agency; and t,:= WHEREAS, the executed Power Sales Contracts were submitted to the Attorney General of Texas (In connection with his examination of the proceedings relating to the , "Texas Municipal Power Agency Revenue Bonds, Series 1916" and "Texas Municipal Poser Agency Revenue Bonds, Series 1976") and said contracts were a proved as to legality by such officer and were filed with the Comptroller of Public Accounts of the State of Texas under Registration Numbers 43300 and 44510; and , WHEREAS, pursuant to the Power Sales Contract with this City, the Agency has given + notice to this governing body of its intention to issue additional series of bonds in order to provide funds with which to discharge certain costs and expanses of j the A envy In connection with the acquisition or construction of certain electric facilities; and WHEREAS, there has been submitted to this governing body a general description of + the "System Development and Reliability Expenditures" (all of which expenditures which are to be made from the proceeds of the Texas Municipal Power Agency Revenue Bonds) together with a report showing the projected sources (bond proceeds) and uses of funds for all aspects of the construction and testing of the Project (where applicable) and the Resolution approved by the Agency finds such System Development and Reliability Expenditures are necessary for the Agency to meet its commitments under the Power Sales Contracts and that the same are economically feasible together with in explanation of the basis for such finding and minion; and I f M 4 2 February 6, 1979 Continued WHEREAS, a true and correct copy of the Resolution of the Board toDirectors ofing the Agency (being Resolution No, ) has been Dody s attached hereto and made a pare7 this resolution for all purposes, it ng all conditions of the Power Sales Coat- bei hereby found and determined that (1) ract (by and between this City and the Agency) so as to permit the issuance of the said proposed bonds by the Board of Directors by the Agency have been met and (2) or e isionstofftheysaidiPowernsalessContractlh neither this City of them by r the the teAlency rms and•sprIn defaui ov i E therefore, BE lT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DEN10N, TEXAS: 1 fig s SECTION It That all of the Recitals contained in the preamble hereof are found o e rue gnd,are hereby adopted as the findings of this governing body, SECTION 2: That this governing body hereby approves: the System Development and e a ty Expenditures, which are set forth in the attached Resolution of the Board of Directors of the Texas Municipal Power Agency and (11) the issuance of t bonds in the amount and In the manner provided by Section 5 of the attached resol- ution. SECTION 3: The prior execution of the Power Sales Contract (by and between this I L yea Fhe Texas Municipal Power Agency) on behalf of this City and the autho- t rization, issuance and delivery of the Texas Municipal Power Agency Revenue Bonds, f Series 1976 (pursuant to the resolution adopted by the governing body of the said Agency on the 29th day of September, 1976) and the Texas Municipal Power by in } Aency adopted i governing Revenue body of the said! Agency on rsuant are herethe i all things approved, ratified and confirmed. i That eandnsecured inproposed the Agenc Bonds, Series 1976 and Series 19781 and it is recognized by this governing body rcumstances aforesaid PowerhSales Contract, willobeiequaily applicable toutheroutstanding of the obligations and the proposed obligations. ' SECTION 4: That this resolution shall De .in full force and effect from and after s e OP ion and it is to resolved. PASSED AND APPROVED, this the 6th day of February, 1979. ATTEST: APPROVED AS TO LEGAL FORM: ' s Motion was made by Hughes, seconded by Gay that the Resolution be passed. , On roll call vote Stewart "nay", Hughes "aye", Nash "aye", Gay "aye" and Mitchell l f r "aye", Motion carried 4 to 1. 12 The Council considered the following Ordinance with respect to calling i i inselection to approve proposed generating projects of ThPA: i ORDINANCE NO, 79-6 THE C WITHRRE PECT B10 CALLINGYANELECiION WHEREITHEOCiTTYNRAS,THEXRIGHTSTOBAPPROVE ORPDiSCV ' ; AN GENERATING PROJECT TEPROPOSED TO BE UNDERTAKEN BY THE TEXAS MUNICIPAL POWER AGENCY a Motion was made by Nash, seconded by Stewart that the Ordinance be passed, ~ On roll call vote Hughes "aye", Stewart "aye", Nash "aye", Gay. 'aye" And Mitchell i ~"aye", Motion carried, 4 ' 93 February 6e 1979 Continued 13, The Council considered granting an easement to TMPA for location of 13SKY o substation at Spencer ?1ant. Motion was made by Gay, seconded by Hughes to grant an easement to TMPA for location of 138KV substation at spencer Plant. Motion carried.' 14. The Council considered bid 08633, roofing and roof repairs. ; Notion was made by Hughes, seconded by Stewart that the bid be awarded } to Gay Roofing-CBS Mechanical at a bid of $9,309,00, Motion carried. f ' 15. The Council considered bid 086340 preventive maintenance air condition- ing/heating. 1 Motion was made by Mitchell,'seconded by Gay that the bid be awarded to Millard Heath 6 Company, Inc., for items 1.4 at $9,615.00 per year and the hourly rate of $19.50 and $29.75 for overtime as bid, for a.dltional,repairs on break- downs and service. Motion carried, ' 16. Motion was mad! by Gay seconded by Mitchell that the following Consent (1r) Agenda be approved. Motion carried. (A) BIDSt c w (I) Bid 08624, switchgear assemblies, awarded to the lowest and best bid of Trayer Engineering Company c/o R. D. Erb Company of Fort Worth in the amount of $10,680.00. (2) Bid !8629, streetlight assemblies with bulbs, awarded as followst I i Item 1 to Graybar Electric at a total df $4,012.40 1 I Item 2 to G. tem 3 to GrayyEbaruElectrlcaet ea toteisofl$588.95 Item 4 to G. E. Supply at a total of $1,187.20 (3) Bid 06630, capacitor banks, awarded to the lowest and best ; bidder meeting specifications and delivery requirements, Temple Electric for G, t. capacitors for the total of $25050.00. (B) PURCHASE ORDER IN EXCESS OF $3,000.00: III Purchase Order 0385359 SIF equipment repairs, approved in , the amount of 1 ,235,00. 17. The Council adjourned into Executive Session at 10:55 p.m. to discuss bosrd appointments and litigation. IB, The Council reconvened into Public Session at 11:55 p.m. to announce that no official action was to be taken. Meeting adjourned at 11:68 p.m. WYN . i 94 City Council and Denton County197mmissioners' Court Fruary ' Special Called Joint Meeting of the City Council and the Denton ourts~Building30 p.m, ommissioners' Court inuthe Commissioners' Court, JosephyA.FCarroll C13 g, at 1: j PRESENT: It C Oaycand Stewart,iCitylManagerrChPro risTHartungI Assistant City Manager King Cole, City Attorney Paul [sham and City Secretary Brooks Holt. i Commissioners' Court: Judge Crawford and Commissioners Salmon, Odlet A*rren Switter and Sparks. 1, Discussion of City-County jointly funded agencies.. j County Judge Crawford opened the meetingg by listing areas for discussion: Flow Hospital, City-County Health Unit, Emily Fowler Library and City County Civil Defense. A (A) On matter of Flow Hospital, City Council members indicated that State law requires the County to fund indigent care. 1 City Attorney lsham advised that Jerry Cobb, County Attorney, will write to Mark White, TeKas Attorney General for a definite opinion. i (e) City-County Library--Mrs. doella Orr stated that in t ( reviewing use of the Library, it was found that there is a 50-50 use by City and County patrons, (C) City-County Health Unit--The Council indicated con- corn shouldy pay only other cities combined and There was a short discussion relative to the sale of an airplane owned by Civil Defense. The Council agreed to pay the j County SO% of the amount of the sate. ' ~ 3, 4lscusslon of replacement of sign on East McKinney Streit. i The Council agreed to replace the sign for the Couoty. County Auditor Bailey stated that the sign was destroyed when East McKinney was widened, The Commissioners and the Council agreed to the creation + of a Committee formed of representatives of the City and the County to look at Jointly funded agencies of the two entities and how fund- + tng of the agencies might be most equitably allocated, The Committee also plans to leak at other areas in which the two government entities might be overlapping and might share the cost and setVice$. } Meeting adjourned at 3:10 p.m, fi { i MAYOk s ' i i i 95 1 City, Council February 131 1979 Special Called Meeting of the City-Council of the City of Denton, Texas, February 13, 1979 at 7:00 p.m. In the Civil Defense Room of the Municipal Building. PRESENT: Mayor Pro Tem Gay, Members Hughes, Nash and Stewart; City Manager Chris Hartung, Assistant City Managers Jack Owen and King Cole, City Attorney and City Secretary. Also present were•members of the Airport Board--Vela, Taylor, Wright, Slater and Crouch. ABSENT: Mayor Mitchell. 1. The Council considered the recommendation of the Site Selection Committee and architect for the Police and Fire facility. i Rick Svehla of Community Development reviewed the 11 sites considered by the Committee. He advised that the Committee recommended the-site on the south side of McKinney between Elm and Bolivar for the M Fire Department location. Architect Gerald Stone presented drawings showing a land' W use study and a buildi•ig use study. He also showed drawings of d planned interior of old City Ha11 which is to be renovated to house I t Q the Police Department. Mr. Pat•Windham, representing the Fire House Theatre, Indic- ated concern for the future of the theatre. I All Council members expressed concern for,the Theatre, but advised that the building is badly needed for the Police Department. Motion was made by Stewart, seconded by Gay to accept site 11 for the Fire Department feeility and to acquire the frame house adjacent to the property and to renovate the old City Hall for the Police Depart- ment. Motion carried. { i 2•. The Council considered Service Center Facilities Analysis { conducted by LWFW, i City Manager Hartung briefed the Council, pointing out critical need for a modern facility, I Gary Thompson and Tom McCoy of LWFW reviewed the recommended j plans with the use of a drawing. They advised that the facility would suffice until year 2000 or later, Motion was made by Nash, seconded by Hughes to accept the plan and to proceed with the project. Motion carried. 3. The Council considered report on the contract with Aerosmith Denton Corporation, Assistant City Manager Cote reviewed the history of the reports, presentations, contracts and other matters concerning Aerosmith. M1 Jim Horn of Aerosmith listed paramount issues is followst JAI City receives little for Investment, B Airport Manager. t C Aerosmith controls airport. t D Length of lease E 1965 contract vs. 1975 contract. i F City should tease to Cessna. 1 Horn gave annual money fiures for payment to the City through 1965 and 1975 contracts,••1165 contract-W8,724 and 1915" contract-;110,537, 1 ~r r i 9 U February 13, 1979 Continued ' 1 A. J. Taylor--These are figures the Board never heard of. G. Wri ht--lets adjourn this and have a meeting of the minds on a settlement later. Bob Smith--We need to arpand. We want to build more build- ings. We need problems resolves. We need some answers. Motion was made by Nash, secondel byy Gay that the Council offer Aerosmith the contract as proposed to the Council by the Airport Advisory Board, and If Aerosmith accepts, Aerosmith's name will be left out of these hassles. Motion carried 3 to 1. 4. The Council considered a contract for architectural services for the animal shelter. 1 • Assistant City Manager Cole gave background including a contract with the County, add that the County has 20,000 in its 'y. budget for the shelter. The City is able to budget only $469000. Total amount available 1s $66,000. He recommended hiring architect, James R. Kirkpatrick to perform architectural services on the shelter 4 at a fee of $6,500. Motion was made by Nash, secondee by Stewart to authorize f the Staff to enter into a contract with James R, Kirkpatrick for design of a new animal shelter at a fee of fbe50. Motion carried. 4!7 5. The Council considered amending the Water and Sewer Rate Ordinance. Bob Nelson advised that The Public Utilities Board has r reviewed the Staff report and alternatives and recommends that the following alternatives be incorporated in the Sewer use rates. i Residential: TX) Establish winter months as December, January and February. , j iB) Set maximum sewer use charge in March annually based ! on the second highest winter month water consumption and continue to apply such maximum monthly charge for 12 months or until a lower monthly consumption , occurs. Commercial/Industrial (Specificall C)- JA} ncourage customers with high irrigational require- ments to install separate irrigational meters. Motion was made by Stewart, seconded by Nash to amend the j Water and Sewer Rate Ordinance. Motion carried, I I Motion was made by Nash, seconded by Gay to amend the above motion to add establishing a 20,000 gallon water maximum, Motion I carried, 6. The Council considered the recommendation of the Plumbing and Mechanical Code Board to amend the Plumbing Code for an extension of the time period of temporary gas service and for establishing an r in*.,pection fee. I The following Ordinance was presented: I ORDINANCE NO. 79.7 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, j TEXAS, BY AMENDING SECTION 17.11.1 BY PROVIDING AN EXCEPTION TO THE i DENTON PLUMBING CODE FOR TEMPORARY GAS SERVICE, AND AMENDING SECTION 17.22 OF THE DENTON PLUMBING CODE BY PROVIDING A FEE FOR THE TEMPO- RARY GAS SERVICEI PROVIDING A SEVERABILITY CLAUS£I AND DECLARING AN EFFECTIVE DATE. I I Motion was made byy Hughes, seconded by Stewart that the I Ordinance be passed, On roil call vote Nash "eye", Stewart "aye", j Hughes "aye", Gay "aye", Motion carried, 1 n February 13, 1979 Continued 97 7. The Council considered a Resolution on procedure to be used for payments for oversized utility lines and streets, AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEI0 IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 13TH DAY OF FEBRUARY A.D, I979. RESOI•UT10N WHEREAS, THE City of Denton desires to establish a procedure so that the City will be in compliance with state and municipal law bidding theucversizingoofdwaterpandpsewertlines where the city overwldth cand toverdepth of payment.' NOW1 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF. THE CITY OF DENTON, TEXAS, THAT n r, (a) The developer (or designated Engineer, Agent, e'tc.) shall furnish the City a comp eta set of preliminary plans and specifications for M the entire development for which participation is desired. Plans M and specifications relating to street and storm drain improvements shall be submitted to the fty Engineering Department. Plans and specific tions relating to Water and Sanitary Sewer Improvements (1~ shall be submitted to the Utility Department. The City will. within Q five regular business days, review and make changes as necessary, Q includingy any changes in size, depth, location or construction of { un lilyy 11nes or streets. During the review, the City and the devel- oper shall decide on the specific streets and lines that must be over- l sized,,the extent of the oversizing and the general terms of the over- I size participation agreements. (b The developer shall then furnish the respective City Departments wieh a complete set of final and approved plans and spec ificatfons along with a list of at least three qualified bidders. The respective { City Departments will submit these to the City Purchasing Agent who f I will set the date, time and place of the bid opening and advise the respective departments and developer of such date, time and place, The developer shall be responsible for distribution of plans and specific lions to prospective bidders. All requests for plans and 4 specifications shall be recorded and submitted to the Purchasing Agent at the time of the bid opening. (cl The bid process will be according to state-law which is appli- ! advvertised public anewspaperrpublisheddln the notice of to bld shall a and such notice will be published once a week for two consecutive weeks prior to the date set for bid opening. The date of the first publication ' shall be at feast fourteen days before the opening of the bids, l (d) The Purchasing Agent will receive all sealed bids and will open The rginl of ch uchobids at theedesibnoted time and pplace in a public bid opening, i.. s Agent and a copy of bids willobelturnedboverptobthehdeveloper. The developer shall review, evaluate and recommend to the City which bid 1 it believes to be the lowest and/or best bid. A schedule outling ttie cost of the oversize difference and amounts to be included in the , ` participation agreement shall be submitted to the City, i (e) The respective City Department staffs will review the developers i recommendations, evaluations and cost schedules and make appropriate recommendations to the a propraite Boards and p the City Connell. ~ F Utility improvements will be reviewed by the Utility Board and forwarded eet I to the CitycCouncil. ThenCouncil willothennreviewlthe requestrforiy participation and either approve or disapprove, If approved, the ! developer may then enter into contracts and begin construction, if E I disapproved, the project can be readvertised and the bidding procedure will begin again. j ~ i • 98 i E February 13, 1919 Continued f PASSED AND APPROVED this the 13th day of February, A. D. 1919. Ls/• ; PRO TER ATTEST: 465 t --CITY SECRETARY CITY OF DENTON, TEXAS i t APPROVED AS TO LEGAL FOAM: s• s ~ CITY Q DENTON, TEXAS Motion was made by Nash, seconded be Hughes that the Re o- j ; lution be passed. On roll tali vote Stewart aye , Hughes "aye", k Nas'i "aye", and Gay "aye", Motion carried. 8, The Council considered procedures for termination of utility 1 service because of non payment. Bill McNary, Director of Finance, gave comparative figures as fottuws: : NUABER OF DAYS SERVICE PROVIDED PAST BILLING BEFORE NON-PAY DiSCDNNECT Texas Power and Light 20 Day's Lone Star Gas 28 Days Garland Power end L1yyht 29 Days Dalla, Power and Ligght 35 Days Denton Municipal Utilities 45 Days { CASH FLOW ANALYSIS FOR TWO MONI'MS # i( lit Month 2nd Month Total i Texas Power and Light 20 ays S1fay`s iG•-'Qaiys lone Star Gas 28 Days 28 Days 56 Days Garland Power and Light 29 Days 29 Days 68 Days Dallas Power and L19ht 35 Days 3S Days 10 Days Denton Municipal Utilities 45 Days 15 Days 60 Days + Other alternatives are: ( + (A) Require payment of past due amount ten days 4fter billing, (B) Require payment of bills within 30 days. ( No official action was taken, t Meeting adjourned at 12:30 a.m. Wednesday, February 14 (Valentine's Day)" FAV49 PRO YEN 1 ' x• i I CITY OF DENTON MEMORANDUM f SATE OF MEETINGI February 20, 1979 CITY COUNCIL AGENDA ITEM (USE EXACT WOIIDIR•G AS ITEM IS TO BE PSACED ON AGENDA)s Consider the quitclaim of several utility easements and streets located on ct property south of 1-35E and east of State School Road, on condition of'reim- buraement for removal of electric utilities. a SUMMARYt In 1970 the Tradewinds Mobile Home Park, located on I-35 east of State School Road, 'was developed for a 60 unit mobile home park. The utility easements were accepted by the City and electric and gas utilities were installed. No water and sewer utilities were developed, The owner of the park also developed a grid street system for the park. This street i system was not dedicated and it is questionable whether there are actually public streets or only interior drives. 's'he oak Ridge Company subsequently purchased the mobile home park site to- gather with some adjoining property and intends to develop the area for a retail use. They have requested that these easements for the mobile home park and streets, if any, be quitclaimed. FISCAL SLNNARYt The Utility staff has developed-a recommendation on the fiscal issues and a memo from the Utility Director accompanies this recommendation. ! ACTION REQUIRED: 3 The City Council should move to quitclaim the easements and streets on the property, This quitclaim should not be offeetive until May i so that the City and gas utility companies will have an opportunity to remove their j i materials. { ALTERNATIVESt J The City could retalik easements and streets that apparently are not going to be used. t The Utility staff memo also outlines alternatives concerning the fiscal r impact of the quitclaim. STAFF RECCMMENDATIONs l The Planning staff and the planning Commission recommend quitclaim of the y streets and easements in the former mobile home parks to be effected May 1, 1979. ! EXHIBITS: a. Location Map b. Memo i ! 'l t TURE 0 PER ON MAKING REQUEST) I MDTZONt $KCONDEDr 1 i ACT1ONr } l ~ 1, ~ • w i 4 T S Date of Meeting February 20, 1979 City Council Agenda Item: CONSIDER THE QUITCLAIM OF SEVERAL UTILITY EASEMENTS LOCATED ON PROPERTY SOUTH 6F I-35 AND EAST OF DENTON STATE SCHOOL ROAD. { { Summary: In 1970 the Tradewind Mobile Home Park, located southeast of State School Road along IH 35E, was developed for a 60 unit Mobile Home Park. Easements for the electric utility were 1 f grant•sd and the electric utility installed underground electrical utilities at an estimated cost of $16,105.77. In approximately 1973 Oakridge Co., a division of Henry S. Miller, purchased the property. Thereafker the Mobile Home Park ceasod operations. This property has recently been purchased f by other parties and the closing of the sale is contingent upon abandonment of the utility easements. } when electric utilities are installed'in a development, a twenty year useful life is anticipated. Depreciation and utility rates are established on this anticipated 20 year A life, since the use of this property has changed and will require abandonment of the easements and the associated electrical facilities, the original investment will not be recovered through rates charged to customers located on this property. The 16 distribution tranformer located at tho site will be salvagable but the underground conductor and installation laborwill not be salvagable. The unrecovored investment will be approximately: ~ l original cost $16,105.00 Less Depreciation - 71247.00 (3 Xre, @ 20 yr, Straight Line) $8,858.00 Market Value of Transformers -4,500.00_ (1.008 reaoval and restocking costa) $4,358,00 4 The concern in abandoning subject easements is whether the I remaining city utility cuatotae°s should absorb this unre- covered investment or whether a fee equal to the unrecovered investment becharged to the present land owner for abandonment of subject easements and facilities. k rw I{em for city Council Agenda $2 Page 2 February 20, 1979 Fiscal Summary: Estimated $4,358.00 Action Requirods Action of appropriate alternative. fee charged. Alternatives: Abandonment with appropriate This alternative places the financial consequences resulting from changing the use of this property on the property owner/developer rather than the remainder of the electric utility customers. Abandonment with no fee charged. I This alternative places the financial consequences resulting from developers changing the use of the property on the remaining utility customers. I Staff Recommendation: The Utility staff recomenda that an abandonment fee be charged. 1 i i Robert'E. Nelson# P.E. Director of Utilities ' E 1 M/b I J pI 1 S c~ VICINITY MAP `~T tf! 41 s 0 p'i'ny y~`° c+1 ' i per` C CIP I .mac. ~vz ' ~~~p~) ~ it !i. ~O '•r pw \S I ' ~ p' sl TG I „ ~ z 1 ~ all ~r• 1~~1t V ~F"' ~ fne" e} l sX 'Irwli~ CI ; 1 13~ l l / `kc 10 i•• 1 ~ fJ nib 1~:~ ~ 11 1 p,~`~; J 14 i t F" r l cis Itc. 44. Jj- 1 l1 ~ v r~ CITY OF DFHiON, TEXAS CRADE SEPARATION PROJECT ROBERTSON STREET -'MISSOURI PACIFIC RAILRAOD ENGINEERING SERVICES BUDGET I October 1978 PHASE I - PRELIMINARY Services for which fee is based on Cost plus a Fixed Percentage (15%). y DIRECT NON-LABOR PHASE G SERVICES DIRECT SALARY EXPENSES rsil Rate _Too to l Preliminary Design and } Cost Estimate 32 $ 9.00 $ 288 $ 500 Outline of Testing and Soils Exploration 10 9.00 90 Preliminary Drafting 50 7.50 375 500 Supervision, Conferences j Administration SO 12.00 600 493 SUB-TOTAL DIRECT SALARY COST $ 1,353. SUB-TOTAL NON-LABOR COST ' W ! TOTAL DIRECT SALARY COST $ 11353 OVtRHEAO (1.11) 1,502 i TOTAL NON-LABOR COST 11493 i TOTAL SALARY, NON-LABOR COST AND OVERHEAD 49348 ENGINEERING FEE (15%) 652 TOTAL PHASE 'I $ 30066 $ 5,000 i PHASE 2 - DESIGN " Service`s off' r `which fee is based on Percentage of Construction Cost (85 percent I of basic fee) . 3 Estimated Construction Cost. Refer to Cost Estimate Attached. $350,000 I Basic Charge Percent from Curve A Manual 11 of Practice for Engaging the Services of j a Consulting Engineer, Consulting Engineers Council of Texas and Texas Society of Professional Engineers dated 1972 9.2% Engineering Fee Phase 2. i D.092 x .90 x .85 x $350,000 $ ?,4,633 USE $24,600 I 2 z y f PHASE 3 - ADMINI57RATION OF CONSTRUCTION CONTRACT Services for which fee is based on Percentage of Construction Cost (15 percent of basic fee). Estimated Construction Cost. Refer to Cost Estimate Attached. $350,000 k Basic Charge Percentage from Curve A Manual of Practice for Engaging the Service of a Consulting Engineer Consulting Engineers Council of Texas and Texas Society of Professional 's Engineers dated 1972 9.2% Engineering Fee Phase 3 0.092 x .90 x .15 x $350,000 $ 4047 I USE $ 4,400 { ~ E PHASE 4 - RESIDENT PROJECT REPRESENTATION Services for which fee is based on Salary Cost times a multiplier of 1.75. Direct Non-Labor Expenses reimbursable at actual invoice Cost plus fifteen percent (15%). i DIRECT NON-LABOR 1 PHASE !4 SERVICES DIRECT SALARY EXPENSES H rs~ Rate Total On Site Administration j of Construction 1,500 S 6.50 91750 S 3,500 SUB-TOTAL DIRECT SALARY COST $ 9,750 i SUB-TOTAL NON-LABOR COST $ 30560 SALARY COST, DIRECT COST TIMES 1.255 $12,236 i OVERIiEAO AND PROFIT SALARY COST TIMES .75 91177 i EXPENSES PLUS 15S 4 025 TOTAL PHASE 4 ,~38 $250500 . f E 3' i J t F F *owl l I' SPECIAL SERVICES 5ervlces_i{0r which Fee is based on Salary Cost tinu:s a multiplier of 1,75 (Field) and 2.21 (Office) Direct Non-labor Expenses reimbursable at actual Invoice Cost plus fifteen percent (15%), SPECIAL SERVICES GROUP 1 DIRECT NON-LABOR PHASE AND SERVICES DIRECT SALARY EXPENSES i' rs. ate `'Cot"aT- Field Surveys 300 $ 6.00 $ 1,800 $ 500 Field Layout of Construction 150 6.00 900 250 SUB-TOTAL DIRECT SALARY C COST $ 2,700 SUB-TOTAL NON-LABOR COST 3 750 t SALARY COST DIRECT COST i TIMES 1.255 $ 3,389 OVERHEAD AND PROFIT SALARY COST TIMES 0.75 - 2,942 EXPENSES PLUS 15% 863 r TOTAL SPECIAL SERVICES GROUP 1 $ 6,794 s 66800 i Note - Special Services Group 2 not budgeted, i i ~ j . III r j~ 1 ~ i i ~ E f .4- i I MORAW1 TO: Jack Okm M' V: Rick Svehla ti S1lWWf: The Final Payment to Denton Construction for the Trade Square DKM February 16, 1979 The staff is still negotiating with the contractor for final quantity bid items. We will hand deliver this information to tho Council by Wnday or the item should be deleted from { the agenda, PS:dw y - f i i I I i 1 i i E i . I 1 CITY Or DENTON s HEMORANDtM ' DATE OP MEETINGS Februar ZO 1979 CITY COUNCIL AGENDA ITFl1 (USE EXACP Wo.,0INO AS ITEM IS TO BE PLACED ON AGENDA)$ 22 ter of Lot 4, Block 1,35; on the north side of Cado Drive cen An unused and unnecessary utility easement is requested for abandonment, t fIBCAD St WARYt. < ACTION PJVU1REDt i Approve the Planning Conmis$ion recomnzndatton to quitlcaim the utility easement. atlrEntta~iV~st Retain an unnecessary and unused utility easement which complicates pro- posed development of this tract. • erAre n~.~orsd~rmArloxt ~ ' The Planning and Community Development Department recorInends approval of this request. 4 EStNiBI'~81 1 ' e, Memorandum . b, Map , j , I (SIGN 7 or ON MAXLNO MQUEST) f I Planning Commission Recommendation to the City Council Requested Quitclaim of Utility Easement - Q-22 February 20, 1979 owl The site in this request, located on the north side of Coronado and west of Bell Avenue, is under review for development of an apartment complex. In replatting the lot and acquiring the necessary ease- ments to serve the tract with utilities an unused and unnecessary 15' utility easement was discovered in the center of the lot, There are no utilities located here and no plans for the use of this ease- ment. The Planning Commission reviewed this request at its February 71 1979 meeting,,and unanimously recommended the City quitclaim this utility easement. This recommendation is forwarded to the City Council for its consideration. 1I I i I i i i i r m + r 1 N 004!'13'f 49812 n r+ + a9 a i t~ ,a A 1. V f2t fC j 0 co fE A pp . '1 ~ ~ C is f• 10 C y -S~ 05 w# i lad J~~~ e if C~nCrr'!e nrd•~i,~e 21.1 C 1 j ~ p ;',Nff ~ S S iu I2 a +53 6? to Itd 1~7 ! y ~ y~' 12 i 3 t 4 I b i T! e 9 j W Phase 2.9 I I r ~ I I I I I vxya WWW] I I ' i . f CITY OF DENTON I HEMORANDUH DATE OF MEETINGi. February 201 lgig CITY COUNCIL AGENDA ITEM (USE ENACT WORDING AS ITEM I5 TO BE PLACED CN AGENIU111 ' Consider *recommendation of the planning Commission regarding ror, SBlvd. of two excess property parcels located on the east side of Carrolll Blvd. racf '~s oca e~ b€tnen pjairie nd H#Qjpd gtreeat?f raq s loca a .a . e. in ersect~on o oll an . Worth Oriv~. Twenty feet slang the Carroll corridor of each tract is recommended for retention. The remainder of each parcel is recommended for dis- position. r FISCAL SUM Os. Disposition of the parcels should result in'some income to the city,, as well as elimination of a`significant maintenance responsibility, y ' ACTI0:4 REQUIRi?Dt . • 'r Apprbve•the'Planning Commission recommendations. ALTERNATIVES Retain the parcels and the ma,,ntenance responsibility for them. ; STAFF RECOMMENDATION, The Planning and Community Development Department recommends disposition 3 „ of these parcels in the manner suggested by the Planning Commission. i Z~XtIISITSi A. Memo b, Map Tract 16 3 C, Map Tract 21 / ;f (SIGNA411M OF PERSON MAKING RLVEST) Planning Commission Recommendation to the City Council Excess Property Disposition February 20, 1919 In November the City Council received the recommendation of the Planning Commission concerning disposition of approximately 20 excess city property arcels. In reviewing that recommendation, the Council asked that the Planning Commission reconsider its recommendation in relation to two sites along Carroll Boulevard, TRACT 16 This ex anded tract is located on the east side of Carroll between Prairie and Highland, The Council asked that the Planning CommisV on look beyond f the tract originally considered (at the northeast corner cf Highland and 4 Carroll) and determine a recommendation for other city owned property in this block, The Planning Commission recommended retention of the 20' corridor along Carroll Boulevard which would prevent properties that did not originally ` have Carroll frontage.from obtaining frontage and thus, access. The re- mainder of the properties are recommended for disposition since they serve i no useful purpose to the city, arc an undesirable maintenance responsibility, I and could, perhaps, be utilized in conjunction with existing properties. TRACT 21 This tract is located on the east side of Carroll near the intersection of Carroll Boulevard and Ft. Worth Drive, The Planning Commission's initial recom- mendation suggested continuation of the 20' of parkway along the Carroll Boulevard corridor as has been preserved to the north. The Planning Com- mission also recommended disposition of the remainder of excess pproperty behind this parkway, as well as a small property remnant on the Ft. Worth Drive side of the tract to permit better accessibility to this site. The Council expressed concern that if this portion on the Ft. North Drive side of the tract was disposed of, the owner of the property might feel that this authorizes him to unregulated curb openings. With this in mind, the Planning Commission reconsidered this site and revised its recommendation to exclude disposition of the Ft, Worth Drive portion of this tract, The Traffic Safety Engineer feels that a curb opening can be designed so that it wouldn't present atrrffic hazard and it is his feeling, as well as the feeling of the Planning Commission, that a requested curb opening could be regulated , more effectively if this part of the tract remains in city ownership. Thus, the Planning Commission recommends retention of 20' along the Carroll corridor which would prevent properties that did not originally have Carroll j { frontage from obtaining frontage and thus, access. The remainder of TRACT { 21 is recommended for disposition, I I k i N i a.. i 50' Ga 50' S2 S 50 G1' GO 64 G4' W if ojI 2 3 .o 'p 4 5 8 7 8< I 2 3 I C r 1p2,5 50 t PO 13 2 40'r.? r. ~C~~Ir.1~ ' ' .F in 1J 14 y~.r 14 13 12 1 ~10 64' 64' 6G Ilan W25 SO WEST PRAIRM 1 75 100 100, - 0 57 179 1 II 15 5 ~ r . t l5 m 21 W 40 rv V 290 it I 1~• j iti ( S, •o 14.1 r 4ir eo g 22 14 ILI 4 ~ ~ I 1 I10~„ 1' 111 ri 5,_.__1 95r r N C w 14 13 12 I L I 11, 12 I t ~ ' 12d_r, 1 1 e' 15' H1GHi~ ~ ; a 1 3!'I N~ a-° 1'etoru'• nded for Retention ° Carroll Boulevard remnant. A for Disnnsttiun minimum 20' along the Carroll • „~,~5 pccrN'tinr,nded corridor is recolnnended `for retention. The remaining par cell are recormended for dis position, FA F~ l LE DRIVF.-- r Sd 60 33 IDS 65' `o 2 3 1 s 05 N w 3!0 4 64 0 64 - CL 4.l 07 o~ \ my. ~ 541.7.•.._- 1 L \ ^ 4 10 ~ k r j ! GJ p~,. 1s ;KA it 160 Ira ' 33:f\\ 7 .T ~ ~ t 9.1 ;o. v 7x09' 6,. I ~ ~ y •a 15 ~ ~ ~ 1RhC1 71 ~ ' »2 t r.,` 1 Rtrorrcnrted for Retention , CArrOl Boulevard rermant. R r~i~~ r,r~ ~r,rntiN,l for' pispo!,ition .,!nimurn 20' ilurm the Carroll •c, rv O'ridor i5 reCtNN'ended for retcrtian. Thp remainder' iS i di.poSitipn. , r~I('d for, 4 ' y 1 1 , CITY OF DENTON W 40RANDUM DATE OF MEETINGl~.._ `ebru'"♦' 901211 CITY COUNCIL AGENDA IT114 (USE EXACT WORDING AS ITEM 10 TO BE PLACED, ON AGENDA)! Consider* instituting annexation proceedings regarding a 12 acre tract located on the north side of Scripture, immediately west of the ATSF railroad tracks, This is the.petition•of Ms; Ann Powell, Z-1370. SUMMARY! ng ate for the In follows the procedure for annexation,. It 1s approri p• City Council to Institute, annexation, proceedings. FISCAL 8UWV4RY1' 9. i • 1 111111 ~ ~ 1 ACTICN REQUIVED! Instinct the City Attorney to publish the annexation ordinance, J ALTBRNATIV88! The City Council could choose to deny the annexation and zoning request by refusing to publish the ordinance, OTAY! RECOMMENDIITIONI • ' The planning and Community Development Deppartment reporrerds compliance with annexation procedure by publishing the ordinance, I ~ ~sxHlDlrrg! a, Memorandum , i bM°P ' (6 RE 1r ON IN Q 1£sr T~y . h Institution of Annexation Proceedings February 20, 1979 1979, the public hearing f At the City Council meeting on February 7, was held concerning the request of Ms. Ann Powell seeking annexation and Light Industrial (LI) zoning classification on a 12 acre tract. This property is located on the north side of Scripture, beginning 5001 west of 1-35. In following the procedure for annexation, no the action could be taken at that rn;tting following cforl Lion of Council or te p the City public hearing. At this ti,nP, it is 'r a i to institute annexation proceedings by instructinggthordiCity Attorney } to publish the annexatira ordinance. The annexation I then be returned to you for final action April 3, 1979. f ~ ' i I I { r i i I f i I i ' t t ~ + y t + r r 4. , + r r 1 tr , f "2~: ~ t r~ i J c ; t 1 c l{ f ~ 1 ~ k k i art ~r.^Pf +er-,,' ( k. r f .r TtW ~ha r a 41. 'Nip r+. ~ d ~x tk'~~,r 'l rY~~'+ 5 'ti J~y,.•{ ~ .fir 1 1 a SIT 11, i'' ~oN~tf 1. t 1 t S f .r i , j~N! r } f X,~1M il~`7~! F a 4 ~ J` +tT f tYr `F a+ t. . Ta'; ; s . i~ + .'t ' t ! , N y d rs t r ~*1ttt J4 r y f i~ ` f 4 f Rt4~ l TURE K t rst ! yap T t ^ 5ypt i •r i': H ",y ~~iyr,, ,tyl ~x+ r i ? 4 J(k~y1r 1'y~f, 4. nR'.'.r $P~ "ry~ J' IJ r to",i a > ~n^~ 1 ~k J0% w . ~1ii ~ .A'-_, ~ f P'~ 1 y ia~1., y+ ~ r Jt" i7 t~~ ~,.`+r ^ 1 ~1~~ i All t•' } ♦ 'r ' r a+ t V1 tay" „ {rs. N ~.~n ^v T s d f 4 td + to ' ~1 7 T l+a .lY ~y ~ t~J fL,{~,{' ~ ry, Gti r y^t J~ a' 'Ya i~•".'7 tr` jf ~t ,i .4rxd1' ~yn'~ rY a ..t T w y VIA )i - ' t ~ti yq t+r~~ _ j ~ h ~ t. ,r r .4 Y. ~ f+{,15Ti+i 3Jk!`ax:lr~fW~r ~,±$~rY * t a a f ~ °'s 1 rw , ~ Y ~ a t . 'lo . ♦ ~ [ icy tr >iT ,i it'r r S syjl I a ~l WIWIeP ewe cxr r. 4a"► e EXHIBIT I, Page 1 M fonTAppeorrd OMR, 154-pow SUMMARY OP COSTS OF PLANNED TREATMENT WORKS MUNICIPALITY jApp!lcantl: APPLICANT'S SCHEDULED BY PROJECTANO,GTEGORY APPLICATION NO. t fReodWrrureionioerrrentteforeewnpleriRyforml City of Deniono Texas C-AR_11~Q '.yt A,: ..a..,. 4 r.:.. .r ,A~:.; •i b.. C. d. e. ,""^r~.";;'yYY1.~~.ti~""rr^•s'S; PROJECT PROJECT PROJECT PROJECT TOTAL ALL SEQUENCE SEQUENCE SEQUENCE SEQUENCE PROJECTS i 1 n. PROJECT STEP STEP 2 STEP 3 STEP 2 STEP 3 {N ESTIMATED CALENOAA QUARTER/ YEAR APPLICATION WI LL BE SUBM7T• 1177 317f• 3179 51$0 , ,S'A 'til' i Tf TO EPA FOR FUNDING A. CATEGORYI SeeondtrYTsnlmenland Sl-NiT 290 417. 9,238.89 - - .9,529,307 b. CATE001t`)' 11 I ~lneStrinpnt Treetmot j I e. CATEGORY IIIA I ~ ln!dtretioo/tn0o~ Cenee t7on ? aCATEOORY VIII S/Z 4 Mzjw Sewer System Rebebilltetioo ISSN ri $ e. CATEGORY IVA New Conic ton, ere. j I L CATEGORY IV II { ewtntm• sor~u 126,216 715521824 71679,040 I CATEGORY v txtreetbnolCombined5ewerOrerflowS A CATEGORY VI 1 - Tres [mini endloeConvolo! I~S bra - ~ C mwften W . OPSTEPOST pREVtousLV ! t 1 TOT;A FUNDED S = S MIDSCTS /LANNED • y ,yam, •3s. PROJECTS s S S 1 $2 :)Sr 0; AL 13 (1 E ANNfD BU UNp UNOED 0.01 CTS ,e r K i : / y' y T 4s' c- L, / .I bTNCLU0E01N THE EM TIR6 Y ~~.,;ti✓'•,,RtiSr t r.. rtr ~.r, , Su! AEP i PROJECT COST r Y~ ,e' I.+,~'4I'S rr t +r I. t~v+ f~A,Y,~. PAOJECTNQ.o48-1188 -0 -1 r, s128,736 r COST ESTIMATES OF PLANNED PROJECrSW£RECOMPUTEDASOF, F'ebrUa)' 1979 ANDAEFL£CrTHELATEST S' CONSTRUCTION COST INDEX OF 2$77.5 (MONTH ANyD YEAR) AS REPORTED BY THE ENGINEERING Nnys RECORD. Ss ESTIMATES PAEPAREOIVERIFIED BY 9b. REVIEW AND APPROVAL BY STATE AGENCY HAM III jPlrueprtnrj DATE NAME jPtrmepdeq DATE 10 N ORGANIZATION Fropkin, And ELLPHONS AREA CODfl NUMBER SfONATURA NUMBER 8] 7 L336-7161 sicNATB ' 9e. REVI ESY AN0 APPROVAL BY EPA REGIONAL 0FFl CE i I NAME jekldnpn er , DAT! { t TY is Y . ~ 6 ~ r SIC NATO R! • The Step I FfOleci, If sny,will be teposeJ on line 7. e4 It no Step I pttQed was Ndfil by LTA, Insert N/A. ' j EPA ►r~ 3700•77(Roo.1.16) PACE 11 Of fe J I I L EXHIBIT X ; Page 2 For" Aepoeed • OMB Met 150-A 0114 • SECTION C - EXCLUSIONS • I Imtlpblo fa Eaduded from tlroifiaden Pordo tiw ConlinNne_Ylroraien II 1 ii E f b. 1 d Totals E C.00 E t R SECTION D - PROPOSED METHOD OF FINANCING NON•FEDFAAL SHARE s E Grerttee sh,r. . I - I ? e. aet:urhl" ( b. Mongego G Aypoprlettom 18Y Appliam) i, i d.8onb 31 M4 nrl *.Tan tovtot i f. Non Cash ? t. Other (E.ptun) Jp1t. TOTAL - CrAm"a 3Z { mmm 28, OtMr Eha+eo NIA a. EtN~ C. Tot el Other Char" i t TQuL = 31.554.00 E 1 SECTION E•-REMARKS Bond election was held in 1912 and was successfully passed, Bonds can be issued as needed. IFA Form llP0.7lIRe+.id6) FART IVFROGRAMkARIIATIY!(Art.eA-Jeofnehvefion.) -ryGt10air » M COUNCIL AGENDA ITEM 17 2/20/79 SUBJECT: Consider submitting application to EhA for engineering (Step II) funds for design of Hickory Cre6x sewer in- terceptor line. SUMMARY: In Denton's 1976 Facility Plan for Sewerage System Xmprovements, which was pprepared in part by an EPA grant, the sewerage treatment needs of Denton were identified as an expnasion"of the waste treatment plant and the installation of an interceptor sewer line along Hickory Creek from Hwy. 380 to approximately the Alton Community area. In 1977, funding of inter- ceptor lines-was a fairly low EPA priority item and it was decided to remove the Hickory Creek interceptor line from the initial design phase of the Facility Plan and proceed with the addition of the Treatment Plant. The design work of the Plant was then funded and we are now awaiting approval of our application for construction funds. It now appears that funds for interceptor lines are available with Denton in a fair, priority position for funding for design'or Step IT funds. The Application for Step IT funds is now complete and 'ready. for sub- mission to the Texas Department of Water Resources. We do not presently know when funds would be available but it is estimated that the priority ranking,' pro- ceasing of applications, etc. might be accomplished by midsummer 1979. Design of the project would take approximately one year. If Step iI funds or construction funds are avail- able, construction could begin by 1981 with an estimated completion time one year thereafter. t' -`1 FINANCIAL SUMMARYs Costs: Step IT Application $126,216 Federal Share 758 94,662 City Share 258 31,554 Estimated Cost of Construction:$7,552,824 (Based on 1979 Costs ) ACTION REQUIRED: Council approval to submit application to the Texas Department of Water Resources. i I F y¢ta,yr E■{¢ 111AA[YN February 20, 1979 Council Agenda Item Page 2 ALTERNATIVESs Approval of submitting application This will be consistent with the short and long range waste water treatment needs of Denton's Hickory Creek water shed. 5 ' Disapproval of application This would postpone possibility of getting EPA funding for at least one year. This may necessitate alternative { action be taken to serve the waste water collection and treatment needs of residents located in the western southern sections of Denton. RECOMMENDATIONS e The `staff recommends approval of this application. The Public Utility Board will consider this item at l their meeting on Tuesday, February 200 1979. ALA-" -Robert3. Ne son; Director of Utilities { Exhibit I - Grant Application Summary Sheet's Exhibit II- Map of Interceptor i ~I r1 I I EXHIBIT I, Page 1 FWm AFpoeed' 1 OSfB,Vo. 1J+CRC1J1 SUMMARYOF COSTS OF PLANNED TREATMENT WORKS MUNICIPALITY fAppfinntP APPLICANT'S SCHEDULED BY PROJECT AND.CATEGORY APPLICATION NO. jReedG,entrrtionlonretenebrfaeloMplrrinPforrrtj City of Denton, Texas C-QR-1m i ':.S i ..►rw t"'L t..w... a y~ •L b. G d. L ry~!'PROJECT PROJECT PROJECT PROJECT TOTAL ALL SEQUENCE SEOUENCE SEQUENCE SEQUENCE PROJECTS J 42 PROJECT STEP STEP 2 STEP 3 STEP 2 STEP 3 ? I ESTIMATED CALENDAR QUARTER/ S. YEAR APPLICATION WILL BE SUBMIT- 1177 3/79 3/79 5/80 ^ TE TO PA TOR FUNDING S S ~'L%F 70 'i'' '~P•+'ryr. a ~.s.i S S $ . A, CATEGORY I SetondarP Treatment and OPWTY 290,417 9,238,8 9 _ 91529,307 1 A CATF OOII Y 111. ! Afore 5trlnl0, T oatmeal aCATF00RY IHA i ~ InfdtrallkMlnflor Carreelion kk at CATEGORY 1113 i Us* Sewn Syt lem lteeebEiletion 1 I e. tATE00AY TVA New ConeemN, OIL I L CATFOORY tVB ! ewlntme lore el 126,216A7 .552,824 71679,640 CATEGORY V ' Con ectine of Co m btned SeweOeerftow, { IA CATEGORY VJ TreetmeN fndjoe Conant of n wet X11 IOUSLY TOTAL COSY fUNDEO S $ 3 f OF ST EP 2 , S. AND STEP AND STEP b.PLANNED : s s 5 24 r f it.'. N! i UNF NDp DPROJ CTS r."~~ 4•ra a . la , e"~ MOAN NCLUUOEDIN TH3ENTIA! 7 STEP I PROJECT COST ts: tr • .i'`' r • j~~'7 w~ e'*k'~. e• , i :128,736 PRaECTNO.c48-1188 -v1-1 • k+Jyr•. COST ESTIMATES OF PLANNED PROJECTS WERE COMPUTEO AS OF IFeb ArNyD Y qq9 AND REFLECT THE LATEST 1 CONSTRUCTION COST iNOEX OF 2877.5 AS REPORTED BY THE ENGINEERING NE'.VSAECORD. 90L ESTIMATES PREPAREOIVERIFIED BY 9b. REVIEW AND APPROVAL BY STATE AGENCY I NAME fNeeJe ►ernq GATE NAME fPkee Pr(At) i OP-14-79 OATt -i OAWAT6 ORGANIZATION 'ElE►HONt f ARfC3 NUMBER SIGNATUAt 1 k AUM3ER I 817 336-7161 I f BIGNATU E 9a REVIEW AND APPROVAL BY EPA REGION AL OFFICE j NAM3 fPirue pnnfl DATE SIGNATUAS c, j 'At Step f ptojece, if any, will be tepolled on line 7. e' If no Sup t ptojed w11 fund-d by EPA, Ineut NIA. EPA Pwe, 1700.32 (Roo. 6•71) Peat If Or to j , j I I i! Ala 1 EXHIBIT I , Page 2 romnapproved ~II OUR N46 W-A 91)f 4 k f SECTION C - EXCLUSIONS I Inds 'Na fa Eadudod from pore patron contineaney *,*vivo" ! grtlRoso" 111 121 {t~ Q S 1 d. b. c r S f 4 Tout Q 0.00 Q I i SECTION O - PROPOSED METHOD Of FINANCING NON•FEOERAL SHARE fT. GraM"Shen p, laeuritiM money" L Appropriations IQV AWOW1 d.BOA& i i j d. Tog Lpvw f. Non Calm 1 ! *OtMr IQap4inl • A TOTAL - GrsrAod snarl 26. Ghers'W" i • ~tdd i e. Other e. Totd Other WW" 29. TOTAL Q 316654.00 j SECTION E REMARKS i j i Bond election was held in 1972 and was successfully passed. Bonds can be issued as needed. ►AOl IV PROGRAM NARRA4IVE (Aflscht Saa lnefn,eNonp) Is QPA l.r■ 1T00J11Rn. drill MRT I I I ~ _ • i i _ 0.1 91 .01 'ell olo I i k •eeu;>.-a k ~ S~ 1 , 'rl ~ . t I I I COUNCIL AGENDA ITEM 2-20-79 SUBJECTi Consider payment to Denton County of a portion of the proceeds from the sale of the City's aircraft, SUMMARYi The City of Denton/Denton County Civil Defense Department has owned a City aircraft since 1971. Recently, the City Council became con- cerned over the potential liability of owning an aircraft and directed the City Staff to take bids from potential buyers of that aircraft. Bids were taken and the aircraft was sold. The aircraft has been picked up and the City has been paid in full a total of $22,651.00 for the purchase of that aircraft. The County Commissioners' Court has requested that the City Council consider paying a.portion of those proceeds to Denton County based on the concept that nesiton County was an equal partner to the City in the original purchase of the aircraft. A majority of the City of Denton City Council has exhibited a willingness to share a por- tion of those proceeds with Denton County, FINANCIAL SUMMARY: i F The City of Denton received a payment of $22,651.00 for the aircraft. The Civil Defense budget, from which the aircraft was purchased, is i funded from three different sources. •Federal'Civil Defense funds con- stitute 50 percent of the revenues for the Civil Defense budget and the remaining 50 percent of their operating budget is shared equally between the City of Denton and Denton County with each entity paying 25 percent of the operating budget, V ACTION RMUIREDo i i The City of Denton City Council must determine whether they desire to pay 25 percent of the proceeds to Denton County or 50 percent of The proceeds to Denton County. The-Federal Government Surplus Property Division has formally released the City of Denton of any obligation to return any of those funds to the Federal Government. Once a decision is made by the council on the portion of the proceeds that should go to Denton County, the Council should direct the City Manager to pay that portion of the proceeds to Denton County. ALTERNATIM I / A majority of the City of Denton City Council has already indicated a wiilingnesa to pay a portion of the proceedsi therefore, no alternatives - are offered. RECO 2,MDATIONe Once again, a majority of the City of Denton City Counoil has already indicated a willingness to pay a portion of the proceeds from the sale of the aircraft to Denton County. Exhibit I - Backup material from John Maxwell indicating origination of funds for the original purchase of the aircraft. I CITY OF DENTON MEMORANDUM TO: King Cols, Assistant City Manager FROM: John G. Maxwell, Civil Defense Director DATE: February 8, 1979 e SUBJECT: Civil Defense Aireraf. •~E The Civil Defense aircraft, a DeHavilland Beaver, was bought for $200.00 on August 10, 1971. (See Attachments 1 and 2). As was all property acquired from the Surplus Property Agency, it was bought in the name of Denton City/County Civil Defense. This rule applied to all property whether it was acquired for the city, county, or any city in the county; it still had to be acquired through my office, l ! Before buying the aircraft I went to the County Commissioners and ' City Manager and got approval from both to buy it. The funds that were used to buy the aircraft were taken out of the revolving account used'to pay for all surplus property acquired in Denton County. As each department in the city, county or city within the county received property, they replaced the money in this account. This account is in my operating budget. The aircraft was registered with the Fedeidl Aviation Administration In the name of Denton City/County Civil Defense as required by federal regulations. (See Attachment 3). During the first four years of operation of the aircraft, four hours a month of proficiency flying time was paid for on a joint basis; the , state paying one-half, the couny paying or.e-fourth, and- the city paying 1 one-fourth, just as is everything in my operating budget, f ~ I 1 I - n G. Maxwell i I I 1 ; ie ~J;y,y. IiiN'IIVIM1 l/I•t JJ. . ~ IiV/ tV•'b l11rVU c.xda~ r~ •''S' I 1 GrJ`~i~ 1. ~J • r!' TEXAS SURPLUS PROPERTY AGENCY ADMINI$TnA1IVE OFFICE P.O. DOX 0120 CIVIL DC tit SAN ANTONIO, TEXAS MOM 0234 r `ov DISTRIBUTION DOCUMENT AND INVOICE f r Denton City-County Civil Dofen3o Municiual Bldg. Denton, Texas 76201 t r LAttnt John 1•laxwoll, Diroctor J I I s DATE AUUM1;f 10 19T_,~,__ I E I UNIT UNr7 V/lUS POn TetM1l YAtUC V11 r 4 tlt NO. OtNNIrtION UNIT ooVN't MANnunn CN1040 n7ANTITY MA'dnlNa COQ Ii4r AtO, Cott rtt PUPA-Ma rtr eu OW% ~ a 1510 Airplane, utility 7.192 behaviland Beaver, USIA Itor I _ p3e~r Q 6-mafi - - GSA 4I•CO-71-531+ { (OCD Form 376 Statr Control 1TO, i - blo. Tox 1510-312 an roved 5/4/71) crr>;t Thia is a compliance item ith n 10 year res' - HOTEt Donee iexed un at N A j. r I ! i , Ilj KOME'10 DUN I TOTAL 1 The plortity listed hereon 11 vilir l to the MlMOpri.il e .L~ Oer6kidom end ngrrrmaltt Set rolth I,rlo,v nlnl nn the PAY ONLY THIS AMOUNT (handling Cl,aryle) ! 6 e) 1 revue ikk of dl;tdocunenl, K61111u.AI CA]rrULIY. 1'Tha prolNelly listed hereon If heing.xlnriled vadowely Iw CIVIL OMNSF. putpo:ev INCLUDING r1GSEAH01 FOn ANY j SUCII I'UIh; l1:;r, and Into oduY puglose, .nnt 1he «Illhc,t.ons, tovrn,lnly, end ;nlreernmdt W Ia Ih on I116 rrvtrwe tiJa pl Ihis INVOrCC h.wo la-yn Ib "r 1714 .Mt hclaky trlhh •11 end em'Nij lo." t, h r11iA,Inblrtlwe.W rscar Ulht M~~ 7111e • A-lnalu~ s ~ /77CN E Y ! CITY OF DENTON MEMORANDUM DATE OF MEETINGt February 20, 1979 CITY COUNCIL AGENDA ITEM (USE EXACT WORDING AS ITEM IS TO BE PLACED ON AGENDA)i Consider entering into contract with Forrest and Cotton for design and engineering of Robertson Street Overpass. SUMMARYt The 1978.1979 Community Development Block Grant Program, approved in November 1978, includes monies to widen Robertson Street as it passes under the Missouri-Pacific Railroad tracks lust east of Bell Avenue. This project will require the construction of a new railroad bridge. There is $400,000 budgeted for this purpose. The item for your consideration is the hiring of Forrest and Cotton Inc. it as engineering consultantP for the construction of the new bridge and two lane street. A contract for their services has been presented to the staff and has been reviewed by the city attorney, the engineering, and planning departments, and is a standard contract for engineering services. The con- tract document provides that engineering work be divided into four disLinct phases (Preliminary, Design, Administration of Construction Contract, and j Resident Project Representation during construction) each of which requires a written order to proceed to the next. This means that the signing of this + document obligates the City only to the preliminary phase (approximately $50000) which involves negotintions with the railroad in an attempt to fund 1 a mutually acceptable design alternative for bridge construction. There are three construction techniques being consideredt 1) Solid Shoo-fly-Construction - This design is presently the most acceptable to the railroad; however, it would require closing Robertson Street to traffic during the construction period which may be a year or longer. 2) Solid Shoo-fl with Ter vyrBridge . - This design would allow traffic to continue to pass beneath the bridge during the construction period. The cost of this design, however, may be prohibitive. -5 3) False - Work Construction - This design involves building a new bridge and rolling it into place. Traffic would be allowed to continue to peas. However, it is uncertain whether the railroad would permit this alternative. Regardless of the design alternative that is adopted, Another point of nego- tiation remaining is the length of the bridge itself. The City Engineer prefers a longer span bridge which will allow the possibility of future I drainage improvements In the other adjacent channel. The railroad prefers A. shorter span bridge. This issue will also be worked,out in the preliminary phase. FISCAL SUMMARYt A budget summary detailing method of calculating the fee at:d coat estimates of engineering services for each phase is Attached to this memo. I would call your attention to the fact that the cost of the pteliminary design is N CITY COUNCIL AGENDA Page 2 proposed to be on a cost plus 15% profit basis. This is proposed because there is no way to accurately judge how long it will take to secure a reasonable answer from the railroad on some of the design questions and how many design alten'.ativee will be seriously considered. It has been the city's experience that negotiations with the railroad can be quite lengthy. The estimated cost of the preliminary design that this contract would commit us to is $50000. ACTION REQUIRED The City Council should move to enter this contract with Forrest and Cotton. ALTERNATIVESt i The City staff could be instructed to renegotiate the terms of this contract with Forrest and Cotton or ask for proposals from other engineering firms. STAFF RECOMMNDA'TION: The City staff would recommend that the terms of the proposed contract are reasonable and, therefore, recommend employment of Forrest and Cotton. f I EXHISIM 1 a. Summary pages of the contract, indicating the method of calculating 64 engineering fee and providing cost estimates. t ! SI AT OF PERP MAKING REQUEST,). e 1 a i I V I I i wMW / , ~ I , • IPyT AlAcrw r GpIlU1TIr+11, l rP1JISrrn 00CU11ENT n n. KNOW ALL liLll BY Ti1ESr PPESEYTS: That the United States of tworica (hereinafter called the Donor) acting by and through the Secretary of Health, 4 Education, and 4!elfarc by the'Assistant Regional Director of Surplus Property Utilization, Region V1, 1114•Cormierco Strert, Dallas, Texas pursuant to the powers and authority contained in the Federal Property Administrative Serivices Act'of 1949 (63 Stat, 377), as amended, and regulations promulnated thereunder, for End in consideration of,an in reliance upon the representation of Denton ' City-County Civil Defense, Denton, Texas ` (hereinafter called'the Donee), as autho- r razed by OCD Form 376', "Zequest ror Surplus Property Requiring Advance NO 1 Approval For Donation" aoprovpd May 14, )1171 , copy attached hereto and made a part hereof, that the Aircraft hereinafter described is required for purposes stated in OCD form 376, does hereby deliver, sell, assiggn, and transfer Dellovilland Ana, SCI: 42-112886 411 of its right, title, and interest in and to the said UfA Aircraft S11:54-1728, together with all enqines; appurtenances, and accessories attached thereto and installed therein, (all of which are hereinafter referred to as the Aircraft), which has been determined to have'a {air value of ~ 5,000.00 , receipt of which •Aircraft is acknowledged by letter dated the i9ctday of occober , 1971 .copy i i which is•attached hereto and made a part hereof, unto the Donee to have and to hold the Aircraft, all and•singular forever, this donation being made on an j 'as is", "where is" basis without warranty of any' kind, and delivery made at f the present location of the Aircraft regardless of where it may be situated or the condition thereof; subject, however to the following conditions: 1, - The Donee agrees to apply to the Federal Aviation Agency for Registration of the Aircraft on or before 30 days from the effective date of r this instrument, and the Donee's anplicatlon for registration shall include a fully executed copy of this instrument. j 2/ The Aircraft shall be placed into use for the purpose stated in l j SI OCD farm 376, immediately upon possession thereof., 3, In the event the donee does not apply to the Federal Aviation I Agency for registration of the Aircraft, or in tho event the-Aircraft is not placed into use inoiediately upon possession, the donee, on or before,90 days from the effective date of this instrument, shall notify, through the-State U Agency. Office of Civil Defense, Department or the Arny+, In writing, of the Ooneo's failure to timaly apply for registration'of the Aircraft or of its r' faIIJr: 'tu place th j e lilrcrnft Into immediate use. Title a i vid right to tine poss;:s• f clew of the Aircraft on which application for reyistratirin has not bran m;:de within thirty days, or rihich has not kern placed into use immediately upon receipt, j shall at the option of the. Office of Civil Defense, Department of the Army, revert to the United States of America. ;'non demand thn donee shall, as directed by • I the Office of Civil Defense, Department of the Army, or its dnsignee, release the j Aircraft to such agency or person as may be designated, self the Aircraft, or i otherwise dispose of the Aircraft. Any sale shall to for the benefit anJ account ` of the United States'of America. 4 4. Yhere shall be a period of restriction which will expire after the Aircraft has been used for the purpose stated herein for a period of ton years. f S. During the ten year period of restriction the Aircraft shall be used only for.the purposes stated herein. i` I 6. 6uring the period of restriction the donee shall make reports to I the State Agency on the use, condition and location of the Aircraft and on other { ! ! pertinent matters as may be required from time to time by such State Agency, or the Office of Civil Defense, Department of the Army. ~0 Curing the period of restriction, the' donee shall not sell, trade, j lease, lend, bail, encumber, cannibalize or dismantle for parts, or otherwise { dispose of the Aircraft, or any part thereof, without prior written approval of the Office of Civil Defense, Department of the Army. Any sale, trade, 1etis'e, loan, bailment, encumbrance, or other disposal of the Aircraft, when such action is authorized by the Office of Civil,Defense, Department of the Arnly, shall be j for the benefit and account of the United States of America. 8, In the event, during the period of restriction, the Aircraft or • any part thereof is disposed of without prior approval, or is cannibalized or r f dismantled for parts, or is used for a purpose other than the purpose stated herein above, the donee, at the option of the Office of Civil {Defense, Department of the Army, shall be liable to the United States of America for the proceeds of I the disposal, the fair market value, or the fair rcrtal value of the Aircraft at , i~ the time of such unauthorized tr.nsaction or use, as determined by the Offico of • Civil Defense, Department of the ArPV. , ' 9, If; during the period of restriction, the Aircraft is no longer ' suitable, usable, or further needed by the donee for the purposo for 4ihcih acquired, E the donee shall promptly notify the Office of Civil Defense, nepartment of the Army, through the State A~sency, and shall, as directed by the Offico of Civil 1 i LL t b 1 • V[yzOefo.~se, Department of the Army, or its daslgnca, rctransfor thr. Aircraft. Any talc be for the benefit and account of the Unitcd States of America. 10. At the uption of the office of Civil Defense, Department of the Array, the donee may obtain abrogation of the terms and conditions set forth in sub- •'1''` paragraphs (6) and (11) of this paragraph by payment of an amount as determined by the Office,pf Civil.Defense, Department of the Army. 11. The Office of Civil Defense, Department of the Army, may terminate all the above conditions and give unrestricted title to the Aircraft to the donee whenever such action is determined to be appropriate. IN WITNESS WHEREOF, the Donor and Donee duly executed this instrument, effective the *J- day of Itovl# 1971. Denton City-County Civil nerense UNITED STATES OF AiiFRICA z en on, exas Acting by and through the Secretary of Health, Educ ion, ' and WaIL, Sam 1-yon - hi rector ,/Assistant Regional Dir tar 7165C~I~atyy~-501tlui .u nty Civil Refensh Office of Surplus Prorty Utilization' t ' COU14TY OF nEtsroq COUrITY OF Dallas j f STATE OF TEXAS STATE OF Texas On this 29tH day of October , 19 71, On this vd day of y'• ; 19 ryi, before me appeared John G. Maxwell before me appeared Sam G. Vynn, to being by me duly swgrn, says that he roe personally 1:nown, who, being by..* is the person wl n did execute the roe duly sv;orn, says that he is the foregoing instrument on behalf of persor, ;710 did execute the foregoing i said Denton City-County Civil instrument and that such instrument Defense and acknevt- was'er,ecuted under duly delegated E ledges to me that he was duly author- authorityy on behllf of the Secretary ized to execute the foregoing instru-' of Health, Education, and N!elfare, mont and that he executed the same as and a0tnowledped the foregoing instru- a free act and deed of said ment to he the free act and deed of the UNITED STATES OF AMERICA Denton City-County Civil Defense Given under V hand and official seal Given under my hand and wofficial seal the the day and year above written. y Nub tc~n-an o otary for the I / COUlITY OF COMITY OF Dallas STATE 0 rwa/ STATE,OF Texas my Conmissic- Expires: tlu.u~1 91. My Commission Expires: i w. e YA'iul In.ld the rmfnv Hr.rl, U I'Alo NI UP TRANSPURtAt RIN III,111AL AVUAIIUhI J.UhtINISIIIAfIUN A19COTAFT REcISiRAt10N ILIGIb11.$TY, fORMAPPROVEO +1' IAN Ili i{Irrllunl hl l'•HhtrHt V IDENTIFICATION,AN(l ACTIVITY SI[PORT wld woAN- IrnyH' 1Hh' IN'• OMB NO. CE-FIOIBS &,rttrNrnrMhnnrtut lurni. AS OF ULCtMULH 31, I I.fH Illryuun .'rF FnhA+Irl 111N I;nd An,,,Hl rl'IbM.lr„r,l mfrud lh,11NN1 r'I lbr ART I -REGISTRATION INfORhAATION ,,,,i,rnl,lrrl. f , J I .1 ''l 11 ' Q f1EG.NO. ©AIHCHAFf SERIAL NUMBER {1 AIHCrtAFTMANUFACTUf1ER,MODEL, ANDSEHIES 'rl,n„ f V 1 1 . 'NlYprn• N 4'4 •L(, . , ,.ryl'I,YJLLI,i.II i.6Vlit J-I 1 ~MNItiY! D Gi Q- 0- Q I 'Arre• 1 T n ~I. ~ E •11 NA EAN AUDHESSOFCERTIFIf:A EHOL0Efl15), ''°"'r' kUMBER ANDSrREET, O. BOX C, ji CITY Lip All (not 1.111 O'AJLSh'AY Llill. LkYFd.}. ' I STATE lip 10 Lr;A1Ute 1A to 1 I6 R .i;u'U'111,• 1'.•ta n•';' 1•'I' ' t '''1; CELLAT ION OF RE ISRATIUN IIE91J SILO, 11'!t :1•'4'.i ~'i:~t1>'.':'V~'. .tllYll r+'t rl', tt.L' 170.[1 SOLO S'rrmr lnl,.nn,r'. 17C. D StOLEWLOST ,VIIN'dH11 .IlAI1•YA w,nl,w AU 17d. (-1 Eaf(,At10 ~~I[ ` 1,U 1'J 17b.QDESTROYE D-SCRAPPED 17e. l.J Of HtM II FAA. USE, NLY - t• •r.:n• _-+r. -t. , E ~t I 4ISTRATION ELIGIBILITY. f Iwtl ewblytlul' fll fam0 fmutl 19 DATE , t 1 U..S. eisisenb): ql f fore) own tha eircrill identrbed+borr; and pl to the April of W (burl l nowkdpe it an m tePrltned under The ADAM of lay ro/e,pn Cow 140, 1 IW E I R EOUE ST CANCELLATION OF REGISTRATION N LV ONE fOR THE ABOVE REASON. SiONATURE_J -~1, S„•rn.aln'r,nm SIGNATUIIIE `..•u,•j-J!rr11.~: dnlr,nv :-~,:t: :~cf:"f'~'C:t': - TITLE ul4r,„ 19 TITLE ART 2 ACTIVITY & RELATED INFOWATION I ! N You operate your elrerafr as in air CA"I'le fA R 91.51(.t) rotei except of provided in pirogriph (bl of This section, the oln,nr of each ~'•^(t1r /under FAR 12I or 1211 chock here..... inefJfTergalv/edin The United Stairs Should fbut it not revuerdTO submit Pet 2of Ibis 1 do not complete remainder of form. AC form 8050-1J. I f AIRPORT OF AIRCRA ®a NOT BASED AT ANY AIRPORT NAME 11'onrrf NI dvnn 1J•1d, d e9,ng.u1 AIRPORT t7 ~f,h coif hU(I! ' ® CIIY ZIP , J It loot.4 t?- (i '.A^aVl tit ut.'I"It1'i xYhf: , .r.' , V T Y TA E AVIONICS EOUIPMENT CAPABILITY lCn,VAANtrp„•Ithit1`0'ttrhoJ,,trJir,rwrerrlloaJO,lrh.!' ~'lIFCOMyy19LChv%a EOIyPMEMT MYLGbLLON FAS11Ei~JbLT- LLS IECE{Y1M 4YlP+~EMI y. ~ Rrcener: D I i'Hf VOR Commu rlets... IDOtAanndr ry - - .?60,rhalinth nnrls Or HV .-.--..-_--Q lJ `100thanneh . -G LJ loeelrtu - - - - . ® D AvChannels or mote ©D Mort than one Recerrer . - 0 © M, +n Bmton Moro MAIN one tyltertl 00 Aulanurar Ovoction Finder (AOR) © Cj Chde Siape ❑ ffe YNf Cpmmunrulmnl Evuipmint . © ❑ Odnnre Mertonn0 rPupment IOMP, yYYaa \Y, ❑ !j ANSP NDEA EO11''Ivr,~y♦ . ArrJ NavigSNon rvuipmrnt •••.••»««..•«..,1096 Cede. - - - - - - - ❑ Lo" Rer4016WA;;er, 114 Othod.. W D Jeerowar0 Lend,nr Syrtem --------©r~ D AftituderncodingfPuipmenl.____~❑ AulomatrorAW noILSReceiving tampmenl.......0)D ( 1 NO Trentpondtr rv omenr ❑ Radar Allrmetrr.-------------- ~ ❑ 'No Nirlgabon ❑ t t•' j IONCITEAM I7/G10NTHSILESSEEIOPERAiORIFNOTOWNER HOURSFLOYYNBYTHIS A1HCfiAFTJAN. 1•DEC.71, Its ll I nnpMl.rnf nose un rrre sojide lRrpo,l whole %.,lor &Nn IeJtbondwh,lr rl,u nwnrJrh„i,aedl 1 ;t; I EXECUTIVE Raeoon, re N, Isle by prokruun.'l p,lnlrl tit C':- IENT LESSEEI :UI ky',0911.4.N oo.1 -2111 Ayl R'lNAM1TE AUSINFSSlb,d,nd,rullly,neto,hul,nrsefrisenll His. S IRL E Ay l N E 53 PERSONAL (bN,ndv.d living Iw prrlollil reiront) Iles. ,oo AERIAL AM'LICAI ION /AgrN ulr,Ne. A,'illh, lurellryl Hit. IfY i A E IP 1 INSTIIUCt10N If a' llnlrl pfvbed'oerl Hit. 1. AIR TAXI fs.,moil ,nnri1,riotlrlrlurhngrh.vlrr,r'Int'r'rl Hl I. t`/, INDUSIRIALNPI. COAL M,rhnl, Surrey. Olhn/y. A01sr, ete.f HrL ' W t , " "t 1 ; S • ! At it C11AFf RENTAL 11 U!~I NL LAM 1114 1 01 It 111 IR,<I7 d,wo,w rr„from, Apot to,Ndchwwq. ele 0 r --.-.,_`Ili6 •7,'{t IF YUUUAYNI 111 Ill'', AII11. I11A1 I ll Si InAN le 1,1,04114!o II 7` ! IAST Y[ All. SIII NY 1411 VIA 11410 IMNI II R 1101,11M _wl l..•. '•-•J e OF IWI I N lANnnnY I • 111 tl M1tgl It :N ul I11 111 to loo o. 1,'. 1. 1,.1 ~tli''•I/1r 1,%r~tl Allll'IIAI I N411 I IlAt'N IA'if It AtO•IIIll O'K f 11111 1 .~~l!A~~lh'I 'i 1i,~~1 •i lili ` TuIAL AI'll 1(AMI 11M1, A% tit Uf f„ 31, 1 I h II )Z&d-oi fllli. S , CITY OF DENTON MEMORANbUM DATE OF MEETING: 2/20/79 CITY COUNCIL AGENDA ITEM: Sid (8652 Consider lease urchase option for Terex Tractor Scra er at Landfill. S11P44ARY: March 220 1978 the City Council approved a lease purchase plan for a new Terex model S11E wheel tractoriscraper to be used in the Sanitary Land- fill. Under this plan the City of Denton agreed to pay Conley-Lott-Nichols Company $2,200.00 per month lease and owe $33,500.00 plus interest from the 3elivery date if we purchased the machine at the end of 12 months. The pay- out figure is based on a purchase price of $59,900.00 less the total monthly payments $26,400.00 plus A% add on interest. We are near the end of the first 12 month period. We most exercise our turn It Nict,olscCompany, lose-our $ase 2b,400sequ'hynandrrebid thebrequirement y-Lott- FISCAL SUMMARY: Currently budgeted to pay $2,200.00 per month lease. Payments as recommended will be $1,977.11 per month. ACTION REQUIRED: Approval of staff recommendation. ALTERNATIVES: (A) Operate the landfill without the machine. (D) Purchase the machine and air conditioner outright. (C) Rebid the lease or purchase of a new machine. (D) Accept staff recommendation. i STAFF RECOMMENDATION: We recommend the purchase option be exercised ansdiiththat ththe Citylof Tractor/scraper Denton buy this Terex tSodel SUE Wheel of an air conditioner on this unit. The air conditioner conditions. due to the long operation time in extremely dusty, dirty, y Our recommendation is that the City of Denton agree to as 4 month lease purchase payout for the remaining price declining ba:.:ilce instead of the 7k% add on interest as agreed to in March of f 1978. The cost of an air conditioner would be added to this price and spread over the 24 month period making our monthly payments interest as agreed to with Conley-Lott-Nichols Company. I page 2 EMIBITS: $33,500,00 pay off price 79000-CO Air Conditioner 61950.54 Interest $47,450.64 Total * 24 months $1$97Y. 1 per month SIGNATURE I I i `r 271371 John Porter : 1 NO. AN ORDINAECE AMENDING THE Z04ING 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 HAP APPLIES TO TATS 18 AND 19 OF BLACK 349, AS SHOWN Tills DATE ON THE OFFICIAL TAX MAP OF 1408 CITY OF DENTON, TEXAS, AND MORE PARTICULARLY j DESCRIBED THEREIN] AND DECLARING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: i + SECTION I. 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, Texns, under provisions of Ordinance No. 69-1, t be, and the same is hereby amended to f,•llows: All the hereinafter described property is hereby removed from the Single Family "SF-7" District as shown on said j Zoning Map, and all provisions cf Ordinance No, 69-1, adopted the 14th day of January, 1969, as amended, shall 1 hereafter apply to said property as Commercial "C" Dis- tract 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- i ing,situated in thn City and County of Denton, State of Texas, and being Lots 18 and 19 of Block 349 and being more n particularly described as being 1.14 acres of land located at the northeast corner of I-35E and Lindsey Street in the City of Denton, Texas. e ' SECTION II. f That the City Council of the City of Denton, Texas hereby finds that such change is in accordance with a comprehenalvu plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things t for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appro- priate uses of land for the maximum benefit to the City of Denton, '44 Texas, and its citizens. ' i SECTION I11, i That this ordinance shall be in full force and effect immedi- ately after its passage and approval, the required public bearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due r notice thereof. PASSED and APPROVED This the 20th day of February, A, D, 1979. 70E MITCHELL, MAYOR I CITY OF DENTON, TEXAS ATTEST: 1 Y BOB 115ET, MY SECV 1 i CITY OF DENTON, TEXASR'TA F APPROVED AS TO LEGAL FORM: PAUL C. SII, r?TV nn nvNTO R TEXAS C i 8-1368 JOE BELEW t NO. AN ORDINANCE AMENDING TILE ZONING 11AP OF T116 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 NAP APPLIES TO LOT 4, DLOCK 3037, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DES- CRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: ' SECTION I. + That the Zoning Mrp 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. 60-1, be, and the same is hereby amended as follows: All the hereinafter described property is hereby removed from the Agricultural "A" District as shown on said Zon- ing flap, and all provisions of Ordinance No. 69-I, adopted tha 14th day of Jan,iary, 1989. as amended, shall hereafter j apply to said prep.+rty as Sin;le Family "SF-7" District in 3 the same manne t other property located in the Single k Family "SF-7" L.etrict; 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 Lot 4, Block 3037 add being a 36,646 acre tract bounded on the east and south by Highland Park Road. Said tract begins approximately 760 feet south of Willowwood in the City of Denton, Texas, SECTION 11. ' t That the City Council of the City of Denton, Texas hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of tha City of t Denton, Texas, and with reasonable consideration, among other ' I.ngs ! for the character of the district and for its peculiar suitability { j or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appro- priate uses of land for the maximum benefit to the City of I►nton, Texas, and its citizens, JECTION 111. { That this ordinance shall be in full force and effect Immedi- ately after its passage and approval, the required public hearings having heretofore been hold by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof, I PASSED and APPROVED This the 20th day of February, A, D, 1979. JOE MITCHELL, i YO CITY OF DENTON, TEXAS i ATTEST: ROOKS ( OL, CT SECRETARY j r CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: ` PAUL S , CITY ATTOUNEY (117V nF rANTON. TEXAS 2.•3,344 HR, E. L. HUGHES _ p NO. 4 AN ORDINANCE MIENDINO 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, A4D AS SAID MAP APPLIES TO LIYr 11, BLOCK 431, AS SHOWN ':HIS DATE ON THE OFFICIAL TAX MAP OF TUE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DES- CHIDED THEREIN; AND DECLARING AN EFFECTIVE DATE. r THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. That the Zoning Ilap of the City of Dtnton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances is o hereby Texas, amended under aer follows: of Ordinance No. 89-1, ' I tand the same Denton, be, All,the hereinafter described property is hereby removed from the Two-Family "24" District as shown on said Zon- ing 1fap, and all provisions of Ordinance No. 69-1, adopted the 14th day of January, 1909, as amended, shall hereafter apply to said property as Commercial "C" District in thb same manner as other property located in the Commercial "C" f II District, I I All that certain Into tract or parcel of land lying and be- ing situated in the City, and County of Denton, State of Texas, and being Lot 11, Block 431 and being a .23 acre tract,located at 813 Bolivar in the City of Denton, Texas. l SECTION II. y That the City Council of the City of Denton, Texas hereby- finds that such change is in accordance with a comprehensive plan 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 distrlet and for its peculiar suits*ility or particular uses, and with ► view to conserving the value of the buildings, protecting human lives, and encouraging the most appro- Prieto uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. 8%CTION III. t, TW.t 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. r t PASSED and APPROVED This the 20th day of Fdbruary, A. D. 1979, 30E 911THELL, MAYOR t, - rr CITY OF DENTON, TEXAS ATTEST: s MKS HOLT, 'Ui iTAR Y CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: , SI , 1 E CITY OF DENTON, TEXAS I 1-1369 MRS, $ILIA OULRICH NO. AN ORDINANCE AMENDING THE 74NINO MAP OF ThE CITY OF DENTON, TEXAS, AS SAME WAS ADO11ED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AS SAID 14AP APPLIES TO LOT 6, BLOCK 324, AS SHOWN THIS DATE ON TIIE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DES- CRIBED THEREIN; AND DECLARINO AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: EC9y TION I. That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1060, se an Appendix to the Code of Ordinances s of Ordinance No, 80-1, of the City the same niv hereby ton,Texas, endeGrasrfollows: be, All the hereinafter described property to hereby removed from the Multi-Family "MF-1" District as shown on said Zoning Map, and all provisious of Ordinance No. 69-1, adopted the 14th day of January, 1960, as amended, shall hereafter apply to said property as Office "0" District in the same manner as other property located in the Office "0" District; t ~ 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 Lot 6, Block 324 and being a .22 acre tract located at 317 Mulberry in the City of Denton, Texas, 1 ~ 5 T10N Ii, That the City Council of the City of Denton, Texas hereby € ! finds that such change is in accordance with a comprehensive plan II for the purpose of promoting the general relfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability i i or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appro- priate uses of land for the maximum benefit to the City of Denton, { i Texas, and its citizens. That this ordinance shall Le in full force and effect immedi- ately after its passage and approval, the required public hearings y t having heretofore been held by the Planning and Zoning Commission and tbu City Coancil of tbe,City of Denton, Texas, after giving due notice thereof. PASSED and APPROVED This the 20th day of February, A. D. 1979, ~ E og M C E r ~CITY OF DENTON, TEXAS ATTEST: . f R IMT-0-affS RE R CITY OF DENTON, TEXAS I f Al'IA%A'ED AS TO LEGAL FORM: , t CITY OF DENTON, TEXAS i f • ! i Fm NO. AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE , CITY OF DENTON, TEXAS, BY AMENDING SECTION 25-59 (a) RESIDENTIAL RATE (S-1) TO PROVIDE A NEW METHOD FOR COMPUTING MAXIMUM BILLING; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: ` PART I. I 1 Thet the Code of Ordinances of the C y of Denton, Texas, is hereby amended and changed so that Cha or 2S, Article III, Division 2 "Service Rates", Section 25.59 roa as follows: , II~ "Section 2S- 9" - SCHEDULE f The rates to b charged by t e City of Denton for sanitary sewer service shall b based on ater consumption and are hereby amended as follows. (a) RESIDENTIAL RAT (S- ) (1) New Monthly R ea 0.2 ,000 gallo s $2.95 I L_j above 2,000 allo .53 per 1,000 gPilons Billing bas d on 981 o water consumption. Maximum bi ling for the early period of March through th following Pob ary shall be based on second ighest non-irrigational month for the prior Dec mbor through February water consumption not to ox cod a maximum of 20,900 gallons. New EI residenti 1 customers that do not have a full prior non-irrigational history (December through February) will have a maximum bill based on 981 of water con- sumption or 7,000 gallons of water consumltion, whichever is less. I r~ PART II. ^ That if any section, subsection, paragraph, sentence, clause, / phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent 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 it would have enacted such' remaining portions despite any such i validity. III PART III. That this ordin nce shall be ome effective with the customer utility statements son by the C ty of Denton on or after March I5, 1979, and the City Secre ry is hereby directed to cause the caption of this ordinance to be pu i ed twice in the Denton Record-Chronicle, the official newspaper of th~ ity of Denton, Texas, within ten (10) 1 days of the date of its passage. PASSED AND APPROVED on this 20th day Febru.ry, 1979, A.D, f Mat R 1 CITY OF DENTON) TEXAS ATTEST: { CITY OF DENTON, TEXAS ~ i APPROVED AS TO LEGAL FORM: PAUL , CIrY OATTORNEY CITY OF DENTON, TEXAS s -2- CITY OF DENTON February 20, 1979 City Council Agenda Item t 12E Addendum SUMMARYs On February 13, 1979, the City Council passed a motion to change the method presently employed in det&rmining rosi- dentisl sewer rates, The motion called for residential sewer charges to be basnd on the second highest water con- sumption for the months of December, January, and February. The City Council also recommended that a 20,000 gallon maximum consumption level be incorporated into the rates. This will yield•& maximum sewer charge for a residential i user of $12,49 based on sewer rates applied to 200000 j gallons, The Staff had proposed that the maximum sewer I s use charge be established in April each year and continue in effect as the maximum for 12 months. The Utility Board ' at their meeting on Tuesday, February 20, 1979, racotmnended that this maximum be established for the 9 months from April through November and that sewer use would be based on actual water consumption during December, u'anuary and February, f These recommendations have been incorporated in the amended ordinance (Exhibit I) attached herewith along with a staff proposed provision to set the consumption level for new residential customers that do not hcvo a full prior non- irrigational history. f FISCAL SUMMAM 1 i None ACTION REQUIREDs Adopt desired ordinance 11LTERNATiVESs 1, Adopt ordinance as shown in Exhibit I. This ordinance incorporates the inputs and concerns of all parties - the City Council, Ito Public Utility Board, concerned citizens and the Staff. n 2, Adopt'alternative Ordnance. RECOMMENDATIONi i The Public utility at their meeting of Tuesday, 2/20/79 recom- mended adoption of the Ordinance as listed in Exhibit 1. i ; Director ofeUtilit ; E EXHIBITSf I Amended ordinance i 1 , 1AI N„, AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TEXAS, BY AMENDING SECTION 25-59 (a) RESIDENTIAL RATE (S-1) TO kOVIDE A NEW METHOD FOR COMPUTING MAXIMUM! BILLING; r PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: Part I. That the Code of Ordinances of the City of Denton, Texas, is j s hereby amended and changed so that Chapter 25, Article III, Division j 2 "Service Rates", Section 25.59 reas as follows: " "Section 25-591"SCHEDULE ti. . The rates to be charged by the City of Denton for sanitary sewer service shall be based on water consumption and are hereby amended as follows: (a) RESIDENTIAL RATE (S-1) (1) Now Monthly Rate: , 0.2,000 gallons $2,95 above 2,000 gallons .53 per 1,000 gallons billing shall be based on 981 of water consumption i but shall not exceed a maximum of 20,000 gallons. Monthlyy billings for the period March thru November shall be based on the second highest monthly rate of water consumption during the immediately prior months of December thru February. Billings for the months of December thru February shall be based on j actual, consumption. Now residential customers that do not have a full { prior non-irrigational history (December through f , February ) will have a maximum bill based on 981 of water consumption or 7,000 gallons of water consump- tion, whichevor is loss. I ' W A PART II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent F jurisdiction, such holding shall not affect the validity of the ( } ? remaining portions of this ordinance, and the City Council of the j -City of Denton, Texas, hereby declares it would have enacted such' F remaining portions despite any such invalidity. s PR1kT III. That this ordinance shall become effective with the customer utility statement's sent by the City of Denton on or after March 15, E ' 1979, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of.the City of Denton, Texas, within ten (10) J I days of the date of its passage. i PASSED AND APPROVED on this 20tH day of February, 1979, A.D. 30E RITCHET,101 MAYOR CITY OF DENTON, TEXAS ATTESTt I . 3 i{ CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: , i p CITY OF DCNTON, TEXAS I ' f -2- r NO. 4 I AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CALLING AND ORDERING AN ELECTION TO BE HELD ON THE 7TH DAY OF APRIL, 19791 THE SAME BEING THE FIRST SATURDAY IN SAID MONTH FOR THE PURPOSE OF ELECTING THREE (3) COUNCILPERSONS FOR THE CITY OF DENTON, TEXAS, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE II, SECTION 2.01 OF THE CHARTER OF THE CITY OF DENTON, s A TEXAS; ESTABLISHING THE HOURS AND PLACE FOR THE SAID ELECTION; M PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND POSTING IN ? THREE PUBLIC PLACES.IN THE CITY OF DENTON AS NOTICE OF SAID s ELECTION; DIRECTING THE CITY SECRETARY TO MAKE UP THE AFFICIAL BALLOTS, CAUSING THE SAME TO BE PRINTED AND DELIVERED TO THE PRESIDING OFFICER; PROVIDING FOR THE MAKING OF OFFICIAL RETURNS OF THE SAID ELECTION AND DECLARING THE RESULTS OF SAME BY THE I CITY COUNCIL; AND DECLARING AN EFFECTIVE DATE, E ~ r Y WHEREAS, it is necessary that nominations for election to i City Council be filed not later than thirty (30) days prior to the date of election; now, therefore; THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That an election shall be held in the Community Building,'In the Civic Center on East McKinney Street, in the City of Denton, Texas, between the hours of seven o'clock (7:00) a.m. and seven t o'clock (7:00) pm, on the 7th day of April, A.D. 1979, the same being the first Saturday of said month, for the purpose of electing, three (3) Councilpersons for the City of Denton, in accordance with 9 S the provisions of Article II, Section 2.01 of the Chartor of the City of Denton, Texas. SECTION lt. j (a) That three Councilpersons shall be elected to fill three . places, places one (1) two (2) and three (3) and1the candidate who I i a»~ r. /+w~w wool 1 receives the majority of the votes cast for each place shall be declared elected to that place on the City Council of the City of Denton for two (2) year terms. SECTION 111. t That notice of said election shall be given by the posting F of true copies of this ordinance, signed by the Mayor and attested by the City Secretary, in three public places of the said City, ! one of which places shall be at the Municipal Building, for thirty (30) consecutive .ays prior to the date of said election and this < ordinance shall be published in full one time in the Denton Record- Chronicle at least thirty (30) days prior to said election. SECTION IV. That JAA~ _Q h is hereby appointed presiding 1 I judge of said election, and p~►{r & is hereby appointed as his alternate, and the said presiding judge shall appoint such assi,tants as may be necessary to properly conduct said election, as provided by the election code. ! SECTION V, i That the City Secretary shall make up the official ballot from the names presented to him by application or nominating petitions as i provided by Article 111, Section: 3.02 and 3.03 of the Charter of the f City of Denton, Texas, and he is hereby authorized and directed to have the ballots to be used in such election printed and delivered I ~w to the said presiding judge. j f SECTION VI. That immediately after the counting of the votes the presiding judge shall deliver the official returns of the election to the City .2. F I Secretary. SECTION VII. That on the Tuesday next following the election, the City Council shall canvass the returns and declare the results which shall be recorded in the Minutes of the Council. I SECTION VIII. That tho candidate who receives the majority of the votes cast x : for each place shall be declared electe•1 and the Mayor shall deliver certificates of election to the successful candidates. If two or r more candidates shall tie with the highest number of votes or if no candidate receives a majority of the votes cast for that place, the ; Council shall order a second election to be hold on-the fourteenth I v day after the first election at which only the names of the two candidates who receive the highest number of votes for that place or the candidates who tied with the highest number of votes at the first election shall be printed on the ballot. In the event of a tie at the second election, the tied candidates shall cast lots to I determine which one shall be declared elected to that place. PASSED AND APPROVED this the 20th day of February, A.D. 1979. r i CITY OF DENTON, TEXAS ( ATTEST: I 4 , EROOKS HOLT~ CITY SECRETARY i I CITY OF DENTON, TEXAS { j -3• i . APPROVED AS TO LEGAL FORM: ITY C PAUL C. ITY OF ISM$ , TEXAS ATTORNEY DENTON i 4 i f j i a1 I r I NO. AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, FIELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 20TH DAY OF FEBRUARY, A.D. 1979. R E S O L U T I O N WHEREAS, the City Council of the City of Denton is desirous of creating a joint city-county information and request committee t in order tc, improve communications with the Commissioners Court' ~f of Denton County, Texas and to seek ways and means of cooperating E with the Commissioners Court on existing joint-funded projects and to explore future areas of cooperation which will benefit the citizens of the City of Denton and County of Denton; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEREDY RESOLVES: That a committee consist.`.ng of members of the City Council of the City of Denton and the Commissioners Court of Denton County be formed; that such committee be called the "City-County Information i i i and Request Committee"; and that and from the City of Denton be designated members of that committee. 1 " PASSED AND APPROVED this the 20th day of February, A.D. 1979, ME MITCHELLo -MAYOR CITY OF DENTON, TEXAS t- ATTEST: 1 BROOKS HOLTO CITY f CITY OP DENTON, TEXAS APPROVED AS TO LEGAL FORM: ITAUL" C'.`T3IrA ;-~'TI'Y-ATI"c AM CITY OF DENTON, TEXAS y t I • COUNCIL AGENDA ITEM 2 SUBJECT: Consider submission of a training -20-74 funded through the 1979 discretionarypfunds ofbthe Intergovernmental Personnel Act. SUMMARY: The Intergovernmental Peraonnnel Act offers assistance to state and local management resourcesvandmpersonnelrsystems,tandrto improve the quality and responsiveness of government performance. A training needs a:J conducted in all City Departmentstosdeterminerthent_y priorities for employee professional development. Training priorities resulting from the s+:cvey analysis included increasing workforce i management development. The focusuofithe and general rant application will be directed toward Dep artme nt supervisory staff, and public contact Heads, FISCAL SUMMARYt personnel. Grants under the IPA may cove'r costs of developing andcarrying pout a0trainin g t r gramthe . The application budget request will be no morethan $6000. ACTION REQUIRED: The City Council pass a resolution authorizin Manager to sign and submit an a p p lice g the City e Commission for a tics to the U.S. Civil rant-n- atance provided for by the IntergovernmentalsPersonnelaAct of p 1970. ALTERNATIVESt 'r A scaled down training j City or an IPA applicatlangcouldobedsubmitteddlaterhin the year to the Texas Department of Community Affairs. RECOMMENDATION: It is recommended that an application proposal be submitted for management and supervisory development. y c a i I 4 . Flo RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT AND SIGN AN APPLICATION TO THE CIVIL SERVICE COMMISSION FOR GRANT-IN-AID ASSISTANCE AS PROVIDED FOR BY THE INTERGOVERNMENTAL PERSONNEL ACT OF 1970. WHEREAS, the U.S. Civil Service Commission is the Federal agency responsible for administering federal funds from the Intergovernmental f Personnel Act of 1970, and 1 f WHEREAS, City of Denton officials have determined that such assistance i 4 will be of benefit in strengthening the City's personnel system and functions; 1 E S and li ! WHEREAS, the U.S. Civil Service Commission's guidelines pursuant to the administration of Intergovernmental Personnel Act programs require a resolution authorizing the filing of such an application: OW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTO'i, TP'JIS: Section 1: That the City Council of the City of Denton hereby authorizes the City Manager to,f,ign and submit said application to the Intergovernmental { Personnel Programs Division of the U,S. Civil 3 Commission. i Section 2: The City Manager is authorized to handle all fiscal and administrative matters related to the application. PASSEL AND APPROVED this day of February, 1979. CITY OF DENTON, TEXAS 5 By: f mayor 4 Attest: If f DENTON PIPER SALES Rt. I Municipal Airport - Denton, Toms 75201 Tel: 18 1 71 3874325 W/ft. Wo-th Dlnct 434•2SO ! December Ss 1178 4 t Tot Denton Municipal Airport Advisory Board. r Ref improvement to the Airport Aerosmith Denton Corporation under the terms of its eon- tract with the City of Denton appraises the City that it is planning to build another row of T-Hangara 9 additional office space in the T-Hangars during 1979. ' Plans and Specifications will be submitted to the Airport Advisory Board for their review and recommendation to the City,Council, k ► ncerelyt 01 as E. Smit Piesident 6 General Manager S j i i j I 4 I I DANN PECAH NRWMAN TALR9NICK F2 KLEIMAN ATIaaws Al LAw 1000 MANRLT SOUAAC tL"!W ' TMt ODOAC A. DAMN 111 MORTM DILAWAAC GTACCT ►MILI► IN .CCAR 1"WANA000S, INOIANA 10204 MOAMAN A. N1wMAN pIK 01.1111 i STANLtT TALC "'CK VIO X. M/tIMAM 0.Aag6a October 270 1978 A 611 AT GLORG L. jR. MAILING ADORCSS. j? LAWRLMCC SALOSLRG ►.0•GOAa11G0 LAW RLNCI A DOA OC K9 wMANA►OLIS, INDIANA IGNI MUL G. 1LIt IM RLMNLTM J. WILLIAMS JOHN L. MVOOING Mr. Paul Isham, City Attorney City of Denton 215 East McKinney Street Denton, Texas 76201 1 i Res Golden TrianglF. Mall - Waterline Maintenance Agreement I 1 9 Dear Pauli 1 Pursuant to our telephone conversation, enclosed herewith please find my draft of a Waterline Maintenance Agreement. This document provides for the maintenance of the private waterlines by the City, at the sole cost and expense of Denton Mall Company. g The Agreement refers to the utility easement for the waterline loop system from which the private lines will i emanate, Blanks have bean left for recording data. Please review this document and contact me with your comments. I have not added r.t acknowledgment section for the City's execu-. tion. 1 I Thank you for your consideration. ~J Sincerely, { P S. ELKIN PSEijh Eno# s coi Mr. Marty Ma zany w/enc. -Mr, Don Boelke w/enc. Mr. William P. Philips w/eno. i I ' f WATERLINE MAINTENANCE AGREEMENT THIS WATERLINE MAINTENANCE AGREEMENT (Agreement), made and entered into this day of It 197`, by and between the CITY OF DENTON, TEXAS, a body politic and corporate of Denton County, Texas (horeinafter referred to as "City"), and DENTON MALL COMPANY, a Texas limited partnership having Its principal office at 1712 North Meridian Street, i Iredisnapolis, Indiana (hereinafter "Owner"), W I T N E S S E T Hs i WHEREAS, Owner is the owner in fee simple of certain , real estate situated in the City of Denton, County cf Denton, State of Texas, sore p;irtlcularly described in Exhibit "A" attached hereto and made a part hereof (herainafter referred to as the "Real Estate") and WHEREAS, Owner is in the process of dcve,oping the Real Estate for use as an enclosed regional shopping malls and WHEREAS, City is the owner and operator of certain g waterlines and related fagilities to serve the Real Estate, including, without limitation, that certain 8 inch waterline encircling the proposed shopping center, the easement for which i was convoyed by Owner to City and'recorded in took , page , Deed Records, Denton County, Texar, (the "City Waterline"); and WHEREAS, Owner desires to tap into the City Waterline and extend lines therefrom to the building lines of the pro- posed shopping center buildings to be located on the Real Estate, and Owner and City desire to enter into an agreement for the maintenance of the same, , i( NOW, THEREFORE, in consideration of the above and fore- going and the mutual covenants and agreements contained therein, E and other good and valuable considerations, the sufficiency I and receipt of which are hereby expressly acknowledged, the parties hereto enter into this Agreement and agree as followsi 1, City hereby grants to Owner the right to tail into and draw water from the City•Waterlino at five (S) locatiuna, approximately as shown on Exhibit "a" attached hereto and made a part hereof (with such variance in exact location as is necessitated by the final location of the buildings comprising the enclosed regional mall), and to extend private lines from said five (5) tap locations to the building lines of the shopping center buildings (the "Private Lines"). Construction of the Private nines shall be done by owner in a good and workmanlike manner in a conformance with construction practices and standards established by the City. { 2 While the ownership of the Private Lines shall remain in owner, the maintenance and operatio*Ai of the Private Lines shall s be the responsibility of city. Maintenance shall mean keeping j ~ the Private Lines and all connections, lines and other facilities ' and related equipment in satisfactory working condition and in a good state of repair. It is the expressed intention of § the parties to insure that City make all necessary provisions and take all necessary precautions to enable said Private Lines to be capable of satisfactorily performing the services and producing the final results and purposes as said facilities are'intended and designed to perform, namely, the furnishing of an adequate water supply to the regional shopping mall to be constructed and operated on the Real Estate. 3, owner shall allow Cl#.; employees, agents or repro- 1 sentatives to inspect any Portion of the Private Lines which connect or tie to the public lines at all reasonable tames. City shall bill owner on a semi-annual basis (or such other basis as may be agreeable between ts••ner and City) for City's cost in the maintenance of said Private tines as described above. owner shall pay the same within fifteen (15) days from receipt thereof, i except in the event owner requests additional information or itemisation from City as to the calculation of charges, or I j objects to the amount of said hills'in which event, owner ! shall pay the same within ten (10) days from the date of conclu- sion of any disagreement or information gathering process. I In the event Owner does not make a timely payment as called j for hureunder, City shall have the right to sue owner for I monetary damages and all attorneys' fees and related expenses 9 arising out of Owner's failure to pay, but in no event shall City terminate or seek to terminate said Private Line water ser- vice or water servico# it being understood and agreed that termina- tion of water service could jeopardize the safety of owners its successors, assignee tenants and invitees on the Reel Estate. It is understood and agreed that while city has E the right to maintain the Private Lines, owner may make any repair to said Private Lines required in an emergency situation, when the maintenance crews of the City are unavailable or when damage to Owner could result from any delay. Ire the event that i ~ w owner undertakes repair t, the Private Linea, Owner shall promptly notify City as to the scope and nature of the repair i and the reason for the necessity thereof, as shall afford City 1 a the immediate right to investigate and examine the repairs E undertaken by Owner, and to correct the same if necessary. S. Any and all notices to be given hereunder, except k in emergency cases, shall be in writing and mailed, postage prepaid, as follows# a) if to tho City of Denton, to the i attention, of the City Attorney, City of Denton, 215 East McKinney ~ Streote Denton, Texas 76201f b) it to owners Denton Mall Company, i I } 1712 North Meridian Street, Indianapolis, Indiana /6202# or { to such other person or address as designated in writing. 6. This Agreement and all rights hereunder shall run with the lard and be binding upon and inure to the benefit of 3 the parties hereto# their successors and assigns. This Agreement shall be recorded with the Recorder of Deeds, Denton County, Texas. j 7. All modifications of this Agreement must be made in writing and signed by all of the then current owners land ' i ~ referred to herein. This Agreement shell be construed a.tid governed in accordance with the laws of the State of Texas. IN WITNESS WNEREOP, the parties hereto have caused this Agreement to be executed by the proper officers, thereunto , E duly authorized, r CITY OF DENTON # By Mayor 1 A'rTESr, er DENTON MALL COMPANY, a Texas limited partnership, By DENTON DEVELOPERS, a Texas limited partnership, General Partner ~e E;. By Genera artner f STATE OF INDIANA ) 4 ) ss, COUNTY OF MARION ) E a' Before me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared ,known to me to be the person who$e name ITeu scr a to -the foregoing instrument and known to a me to be a General Partner in DENTON DEVELOPERS, a Tex,-ks limited partnership, a General Partner in Denton Mail Company, a Texas limited partnerships and acknowledged to me that he executed said instrument for the purposes and consideration therein r expressed, and as the act of said limited partnerships. Given under my hand aid seal of office this day , 197. of i 1 Notary Publ16 i My Commission Expirgsi County of Residences • CITY OF DENTON MEMORANDUM DATE OF MEETING: 2-20-79 CITY COUNCIL. AGENDA ITEM: Rid A 8635 Concrete Work At Pool SUAMY: This bid is to replace the brick around the Civic Center swimming pool with concrete. The brick that were originally placed there have deteriorated to a point that some other surface is necessary. FISCAL SUltV.RY: This is a budgeted item for 1979, and must be completed before the swim season starts. ACTION REQUIRED: Approval or rejection of all bids. ALTERNATIVES: To not replace brick any let the pool area continue to deteriorate. STAFF REMMENDATIONS: We recommend this bid be awarded to the low bidder, The Fort Dalton Company of Denton, for $30252.50 The project is to begin later this month and to be finished by April 1, 1979. The City is to remove the old brick surface. MUSITS: Rid tabulation sheet. t • I ATU ~ h :nOo ~ b e d w n co K w n N n { b b i iS r0 C~ r7 I ~ 1 s C K H z g g I ' i Old ~g H i CITY OF DENTON 1 MEMORANDUM DATE OF MEETING February 20, 1979 CITY COUNCIL AGENDA ITEM; Bid 18637, Cement, Lime and Road Matezials SUMMARYt This bid is for the annual requirements of cement, lime and road materials used by the various departments of tho City of Denton. The material will be ordered on an as needed basis, FISCAL SUYMARYt The purchase of this material will be charged to various maintenance budget accounts, and approved work orders, ACTION REQUIREDt Approval by Council and award to variokts bidders. ALTERNATIVFSt Purchase as needed in smaller quantities at probable higher prices STAFF RECAMMENDATIONt We recommend this bid be awarded to the lowest and best bid as listed below. In the case where no bids were received that material will be at a later date as needed in one time buy quantities. Itrm f thru 4 Cohlko Building Products Item 5 No bids received Item 6 Round Rock Lime Item 7 Gifford 11511 Item 8 6 9 No bids received Item IDA Gifford hill Item IOB. Chico Crushed (Vulcan materials is only firm for 6 months also Chien Crushed offers a .20 per ton discount if paid - by the 10th of the month following delivery) Item 11A Gifford Hill Item 118 6 12 Chico Crushed Item 13 Gifford Hill Item 14 6 15 Boyd Excavation Item 16,170 18 6 19 Wrigh: Asphalt Item 200 21 Gifford Hill Item 22 Vulcan Materials Item 23 Vulcan Materials Item 24 JAgoe Public Item 25 Vulcan Material Item 26 Gifford Hill FKHIBITSt Tabulation sheet C C~~~`Jil.'156L Signature of,Person MAking request i 1 If 1 I/A I 1 . { edlf all) ale ^ Yrlfht ~ Aml tic an •L10e vulesa Chico OIIfeN 6e7d Round Wns OACN / hr ■rr 6. 1979 Asphalt +dro. ►ublic Natstfal Crushed Rill tscavarlo 1IocY Lind Whlks Plop . OVNT 1 /,OS I i. ortland Gant I3,S0 1. Nawa U"" _ I S. N dratO Lisa {l.7f ~J N.3! lurerets SECTUP. a ` 5. guilt Caeant llydratat Line SM10N C ItS.001 a I _ 7. x690a lane I. Pat lane Nanufae lures land 1 10A. IN Dour Washed {6,IIlr 10■. t" Dove _erasndd H.70 {S.19 !/e" Dev1 robed 11,{s!! . i11. s!e" Dour steamed e6.9S 11,71 Is.fa {1,11 t7. ctala t 17. erushad eons IS.tilr ILSO/ •li, Road gravel May Is. Redd Oravet 64ne r 11.10! 1. R 't 1RCflON 0 ) Ne I Liquid Aa Mlt (bolivsead) •41SCISAI .47111961. I U. M 1 Lt utd Asphalt (dell tired) MSO1691 .44411191 i 11. ACS-AOIO Liquid As M19 .31SO .7966 I 19. Crick oats! .)OSOa 70. ►a-7 (17,00 ! M ►1-6 117,00 ' It. ►1-5 111,lt i 6ttt ION a !1. type bb {11.11 typo a 5.9011!.1 7s. r t 1 ~ Iu,lt ' IIS.SD 71. typo ►f f ■x196ee ►r e •lrvsn 11 I ell 9 I~ CITY OF DENTON MEMORANDUM DATE OF MEETING, February 20, 1979 CITY COUNCIL AGENDA ITEM (USE EXACT WORDING AS ITe.M IS TO BE PLACED ON AGENDA), Bid 086381 Selected Vegetation Control of Drainage, Ditches SUMMARY, We have for the past years bid this item out to experienced state licensed companies.. lie have found this to be better as the,,- guaret.tee the kill on two applications. i FISCAL sUMMA1tYi This is a budgeted item 1r, the Street Department, Approval as recommended by staff ACTION REQUIRED, y f or refection of the bid, M PNATIVESi Cut the weeds etc. by laand,,lct them grow or apply by inexperienced city personnel` without the proper equipment. i STAFF RECOMMENDATION, We recommend this bid be awarded to Norris Town North Exterminating (formaly Jim Neal Company) at 57.50 per acre per application on aproximately 90 acres. The price per acre for 1978 was $55.00, and has been near that price for tho past three years. EXHIBIT91 Tubulation sheet (only one bid received) IC. TU Ot IEIISON MAKING RLQUEST)~ , i AiNA Il{[[r I M.4R O n K ra -4 0 Li V1 µ I O ~O µ GC n H 1 < H a b ~c ~D c i 1 e 1 u~ %A H V v tA LM ~ 1 6 ~ $ ''I I n 8 8 a LJ g it i--- 1 COUNCIL AGENDA ITEM 2-20-79 'SUBJECTg Consider leasing property at Denton Municipal Airport to the Federal Aviation Administration for a maintenance building. SUtMIARYs The Federal Aviation Administration has, for the last year, installed a sophisticated instrument landing, system at Denton Municipal Airport. They have found it necessary to put in a small building at the airport to provide a facility for performing maintenance on this new equipment. The FAA has asked that the City of Denton lease them a very small plot ' of ground on which they can place a small maintenance shed. I have o-P;LD vith them over the past several months in selectin, a site that is agreeable both to them and to us and the site that we finally selected has been agreed to by the Airport Advisory Board. FINANCIAL SUMMARYs i There are no coats associated to the City of Denton. The FAA will carry all costs associated with the building of the maintenance build- ing, accesesutilities, eta. I would also point out that there is no !ease revenues to be gained from leasing this small piece of property. IV was our feeling and the feeling of the FAA that they are offering a service to Denton Municipal Airports therefore, no monthly rent should be paid: , ACTION REQUIREDt The City Council approve the lease agreement vith the FAA and authorise the City Manager to sign the lease agreement. ALTERHATIWSs The staff could go back and discuss other sites with the FAA if the site that ve have select*i is one that you do not approve of, Ry,CCMMF1tDAT I0N i ' The Airport Advisory Board and the city staff recommend that the lease J for the piece of property shown on the attached map be leaned to the FAA for their maintenance building, P s ~ - KI- ti0 COLE Exhibit I-- Was agreement irons the Federal Aviation Administration Exhibit it- Map showing locAtion of maintenance building i I 1 DEPARTMENT OF TRANSPORTATION FaDUA1 AVIATION ADMINISTRATION SOUTHWEST REGION POST OFFICE BOX 1689 xORT WORTH, TEXAS 76101 Leaw No.: DOT-FA79SW-1032 Single Frequency Outlet Land Site (SFO) LEASE Municipal Airport Denton, Texas between CITY OF DENTON, TEXAS and y i l T'aI[ it NiT[11 St AT[1 Or Aft [R1cA ! r T1dtL[Aa[,made and entered into this day of y' in the ye[t one thouurd nine hundred arid seventy-nine (1979) by and between CITY OF DENTON, TEXAS " Office of City Manager whoteadthen ls Municipal Building Denton, Texas 76201 for itself, its 4~da+/dss~lJaA/llJd~tN ¢!u►f, sucetmora,and ataigna,heItInafter ailed the Lessor and the UNItts SrAT[s or Am&RICA.here Inlf!ef ca lied the Government, WITVSORT II:The per I le a he It to for the toAdder atlon hereinafret mentioned covenant and agree as followl: 1. For the term beginning Feb, 1, 1979 and endb,s September 30,19 79 the Leuor herety Itasca to the Government the following described property, hereinafter tailed the premises, v11: In accordance with Drawing No. SW-D-9428 dated 1.31.79, attached I hereto and made a port hereof. i L E I f I FAA FORM 44234 P`, 1(8.76) Sultfsedet Plevlous Edition i , k l ti r W~i fy MV~~ i Lease No.: DOT-FA79SI-1052 Single Frequency Outlet Land Site, Denton, Texas a, Together with a right-of-way for ingress to and egress from the premises; a light-of-way or lights-of-way for establishing and maintaining a pole line or pole lines rot extending electric power, and telecommunications facilities to the premises; and rightofway for subsurface power, communication and water lines to the premises; all dghtsof•way to be over the said lands and adjoining lands of the lessor, add unless herein described by metes and bounds, to be by routes reasonably determined to be the most convenient to the Government. b. And the tight of gradinT, conditioning, and installing drainage facilities, and feeding the wit of the premises, end the removal of all obstru.H,ons rrom the premlm which may constitute a hindrance to the establishment and maintenance of alt navigation u. i telecommunications facilities, • , , e. And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures or signs so placed In or upon, or attached to the said prerrdses shall be and remain the property of the Government, and may be removed upon the date of cxpl. ration or termination of this lease, or within ninety (90) days thereafter, by or on behalf orthe Government, or its j granites, or purchasers of said alterations, fixtures, additions, structures, or !Igns. 2. This lease may, at the option of the Govemmtnt, be renewed from year to year and otherwise upon the letmo ed conditions herein 3pecifled. The Government's option shall be deemed exercised and the lease renewed 4 each year for one (1) year unless the Government gives the Lessor thirty (30) days written notice that It will not exercise ha option before this lease or any rent' wit thereof ex,:res;PROVIDED, that no renewal thereof shall extend t theperiod ofoccupancy ofthepremises beyond the30 day of September 19 99;WI Mp,1,1AMUNO MM I v~~v, ~r,~taadr~h r~ ,~r~Yti~ did ertw~~rWr hyll"k/1041f. 1. 3. The Government shall pay the Lessor NNIOMI bfs+V N1ddfi13Mg1b1 no monetary con- sideration in the form of rental, it being mutually agreed that the rights extended to the Government heroin are in ca.reideretion of the obligafion assumed by the Government in its establishment, operation, snd maintenance of fdllfltAat4t1<fOtEbP1NWMt14~d1~Yllb/f4~ the facilities upon the premises hereby leased, I i 2 { i M~+~~I~Af>t~I!*Iv~ftAl~rl~l~A~'v~1~l~ltlVNv►1~tv~llVaYlv~JVf~i~nl4~'If~i~l4ldph~~Al~M4Ef~sl~~M 1~1+AdVVJ~IaVq'~I~t~~IV OVV~V~f~+NtFAi+t~►t11< 4. The bw ernment may terminate this lease, In whole or In earl, at any time by giving at least thirty (30) f days notice In writing to the Lessor, and no rental shall ,taut after the enective date of termination. Said notice j shall be sent by cettifled or registered snail. Ns lease. If the Lessor by writfen notice at Toast days hefor sbhlabr.Ft urt or terrnlnation requests reuorallon of the premises, the Governs a wit list ninety (90) Jays after such expiration j or terndnallon, or w a 1110 as may be muwally agreed upon, either (1) restore the premises to FAA FOPNI 4423.2 Pg. 2 (&96) Supersedes Patvlous Edition rv Lease No.: DOT-FA79SW-1052 Single Frequency outlet Land Sites Denton, Texas Ible 0; -Ap p+ec 'we'A'Ah I'VOSolPh-F6~r1 v~eH re, ordinary weir and fear, damaga by nature elements and by circumstances over whi rnmtnt has no control, excepted) or (2) nuke to equitable adjustment in the lease a cost crouch resioration of the premisesor the diminution of the value of the pre i ured, whichever is less. Should a mutually acceptable settlementbemade hereunder a enter into a supplemental agreement hereto effecting such agreement. Failure toe Case c h equitable sdjustrntni shall be a dispute concerning a question of fact within the meaning fth#feeus-- Lease which is not disposed of by agreement shall be decided by the Contracting Officer whoa uce hh decision to writing and mail or o•herwise furnish a copy the:tof to the Lessor. The de the Contracting Officer shall be final and concluske tmless withln 30 days from the date of roc such copy, the Lessor malls { or otherwise furnishes to the contracting Ofllccr a written appea sxd to the Secretary, Deparimeni of E t Transportation. The decision of the Secretary or III dui red trpresentative for the determination of such i appeals shall be final and conclusive unless deter y a court of competent jurisdiction to hch been fraudulent, or cal ions, or arbitrary; or so gross heous so necessarily to imply bad faith, or not supported by substantial } evidence. In connection wi appeal proceeding under this clause, the Leis.-wr shall be afforded an opportunity to be heard and evidence In suplort oflts appeal. Pending final decision of a dispute hereunder, the Lessor j ¢ s tD ss' paierSsently with the performance of the Lease and in accoriance wish the Contracting Officer's r I 4 k i In paragraph (s) above; PROWDEd Th as ma g final the d~chl a-ny E r ll' 7. No Member of Congress of Resident Commissioner shall be admitted to any share of part of this leh+, of to any benefit to arise therefrom. j' S. 'At Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, brokerage, percentage or contingent fee, except bona t lido employers or bons fide established commercial or selling agencies maintained by the Lessor for the purpose of securing business. For breach or violation of this warranty, the Government Shall have the right to annul this Jesse without liability, or in Its discretlon to deduct from amounts otherwise due under this lease of other considers- tlon, the full amount of such commission, brokerage, percentage, or contingent f•e, 9. AU notices sent to the partks under the lease 611 be addressed as follows: TotheLessor: City of Denton, Office of City !tanagers Municipal Bldg,s Denton, Texas, 76201 . TalheGovemment: Federal Aviation Administration, P, 0, Box 1689, Fort Worth, Texas, 76101 FAA FORM 4423.7 Pg. 3 (8.76) Supersedes Previous Edition f Lease No.: DD'T-FA79SW-1052 Single Frequency outlet , Land Site, Denton, Texas 10. This least is subject to the addition provisions set forth below, or attached hereto and incorporated herein. These additional provWons are identified as follows; Articles 11, 12, and 13 follow the signatory page, I f i 1x WrTxtu Wetatoe,the partles hereto have hereunto subscribed their names at of the date first above wrlRlen. CITY OF DENTON, TEXAS M the holder of s mortgage, dated - , recorded In Litt Syl pages Title I sgalnst the above-desaibed premises, the undersigned hereby consents to rhs foregoing Was and sgrees , than, If while the lase Is in force the mortgage Is » _ W...____„._:._.» /Lessor) foreclosed, the foreclosure stall not void the lease, ! _ (AlwrtateeJ Tit Vxrrso STATrt or AmimcA I j By r .F... v 13IN0 ntle L..•..Cot}.~.KR.4F~!!B { FAA FORM 44232 Pg. 4 (8,76) Supersedes Previous U111on f Lease No. DOT-FA79SW-1052 Single Frequency outlet Land Site Denton, Texas 11. FUNDING- RCSPONSMILITY_CLASS f - II_F'AC1LITlES' no airport owner agrees that any relocation, replacement, or modification of any Federal Aviation Administration Class I or 11 facility, or components thereof, as defined below, covered by this contract during its tore or any renewal thereof irado necessary by airport implrovomonts or changes which impair or interrupt the, tech. nical and/or operational characteristics of the facilities will be at the expense of the airport ownerl except, when such improvements i or changes are made at the specific request of the Government. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the airport owner or the Government, funding responsibility shall be determined by the Government. r 3 CLASSrI FACILITIES Remote Transmitter/Receiver (Tower) Visual Lauding Aida ' I Airport Traffic Control Tower Direction Finding Equipment j Airport Surveillance Radar VOR, TYOR, & VORTAC Airport Surface Detection Equipment (Instrument Approach) ` Precision Approach Radar Weather Observing 6 Measuring Equip. f ILS and Components (Owned G operated by FAA) ALS and Components ' Central Standby Power Plant 1 CLASS II FACILITIES i ~ Long Range Radar VOR and VORTAC (on route only) Air Route Traffic Control Centers 'Flight Service Station j Remote Control Air-Ground Remote Communications Outlet Coiinunication Facility Limited Remote CoMOnications Outlet Other on flute facilities i -RESTORATION- • } 12, NON i R It is hereby agreed between the parties that upon the termination of 1 Its occupancy the Government shall have no obligation to ueaL•+re and/or rehabilitate, either wholly or partially, the property which is the subject matter of this lease other than to orderly remove its equipment therefrom, I It is further agreed that the Government may abandon in place any or all ! of the structures and equipment installed in or located upon said property. Notice of abandonment will be conveyed to the Lessor in writing. ~I I i i I ~ . r Lease No. DOT-FA79SW-1052 Single Frequency Outlet Land Site, Denton, Texas 13. ADDITIONS AND DELETIONS; In the preamble the words "heirs, executors, administratgca," were deleted, In Article 2 the portion beginnirn "AND PROVIDED FURTHER" and ending "of rentals," is deleted. In Article 3 the portions "in the amount of", "for the term set forth In Article 1 above, and"-and beginning "per, for" and ending "or vouchers," were deleted, Articles 5, 6(a) and 6(b) are deleted. Articles 11, 12, and 13 were added hereto and made a part hereof prior to the signature of either party to this lease. I CORPORATE CERTIFICATE 4 certify that I am the Secretary of the Corporation named in the foregoing lease) that E ' who signed said lease on behalf of said corporation, was then thereof; that said lease was duly signed for and in behalf of said corporation by authority of its governing body, and is r within tha scopa of its corporate powers,, A I 3 Dated this day o[, 19 _ , CORPORATE SEAL Signed byi 1 I 1 I I , I i s I r, r I ~ f r I , 31 fi E• ~ o O ~ it ftft i ^ I 8 I m m r . 1 its g M I