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HomeMy WebLinkAbout03-20-1979 v s~ AGENDA CITY OF DENXN CITY COUNCIL MARCH 20, 1979 Regular Meeting of the City of Denton City Council, Tuesday, March 200 1979 at 700 p.m. In the Council Chamber of the Municipal Buildings 1. Consider the minutes of the Regult.r Meeting of March 6, 1979. 24 PUBLIC HEARINC3t A. 9-1379. This is the petition of Mr. Cengiz Capan requesting A change in zoning from Multi Family (MF-1) to-Single Family (Sr-7) classification at 923 West Oak. B. z-13P0. This is the petition of Mr. Barry Wachal requesting a change in zoning from Agricultural (A) to Single Family (SF-10) classification on 12 acres located adjacent and east of Greenway -Club Estates. The petitioner also requests s change from Agricul- tural (A) to Single Family (SF-7) classification on. 32.4 acres lo- cated adjacent and east of the proposed SF-10 area. ` C. 2-1381. This is the petition of Mr. John Cottrell requesting a change in zoning from General Ratail (GR) to Commercial (C) classi- fication on .63 acre located on the north side of I-35E, beginning 500' east of the intersection of 1-35 and Mayhill Road, t , 3. Jim Leggieri will appear before the Council to request that they conelder I amendin, our ordinance entitled Animals and road, Article 4-8 In thn Code of Ordinances. ' I E 4. Consider the request of Walt Broemer and Rod Gwoompi of the Texas Indian 1 Commission that a Resolution be adopted authorizing publication of the intent to enter into a C • ooparation Agreement with the Texas Inter-Tribal Indian Housing Agency of Texas. I i I II~ 5. ORD J; INANCESi J A. Consider adopting an ordinance changing the maximum prima facie speed limit on Fort worth Drive betwten the intersections of Eagle and Carroll Boulevard. 8. 2-1377 - Mr. Rollin Sin! nger. Consider- edo tin I an ordinance II g the zoning from Multi Family (MF•-1) District to Single Family (SFh7)ng ' District on Lot 3, Block 330 located at 915 West Oak Street. C. z-1378 - Ms. Dorothy Williams. Consider adopting an Or.iinanco changing the zoning from Multi Family (MF-l) Dletrtct to Single Family (SP-7) District on Lot 3, Block 330 located at 91S West Oak Street. 6. RESOLUTIONSt 1 A. Consider approving a Resolution authorizing William K. Cole to act for and to perform the duties of tho City Manager in his absence. AGENDA CITY CF DENTON CITY COUNCIL MARCH 20, 1979 Regular Meeting of the City of Denton City Council, Tuesday, March 20, 1979 at 7tOO p.m. in the Council Chamber of the Municipal Building, 1. Consider the minutes of the Regular Meeting of March 6, 1979. 2. PUBLIC Nf:ARINGSt A. Z-1379. This is the petition of Mr. Cengiz Capan requesting a change in zoning from Multi Family (MF-1) to-single Family (SF-7) classification at 923 West Oak, 8. Z-1380. This is the petition of Mr. Barry Wachal requesting a change in zoning from Agricultural (A) to Single Family (SF-10) classification on 12 acres located adjacent and east of Groenway -Club Estates. The petitioner also requests a change from Agricul- tural (A) to Single Family (SF-7) classification on 32.4 acres lo- cated adjacent and east of the proposed SF-10 area. C. Z-1381. This is the petition of Mr. John Cottrell requesting a change in zoning from General Retail (GR) to Commercial (C) classi- fication on .63 acre located on the north side of I-35E, beginning 500 east of the intersection of 1-35 and Mayhill Road, 3. Jim Leggieri will appear before the Council to request that they consider amending :+er Ordinance entitled Animals and Fowl, Article 4-8 in the Code of ordinances. •4. Consider the request of Walt Proemer and Rod Gwoompi of the Texas Indian Commission that'a Resolution be adopted authorizing pa'Nlication of the j intent to enter into a Cooperation Agreement with the Texas Inter-Tribal 1 E Indian Housing Agency of Texas. '5s ORDINANCES i A. Consider adopting an Ordinance changing the maximum priors facie speed limit on Fort Worth Drive between the intersections of Eagle and Carroll Boulevard. B. Z-1377 - Mr. Rollin Sininger. Consider adopting an Ordinance changing the zoning from Multi Family (MF-l) District to Single Family (SF-7) District on Lot 31 Block 330 located at 915 West Oak Street. C. 2-1378 - Ms. Dorothy Williams, Consider adopting an Ordinance changing the zoning from Multi Family (MF-1) District to Single Family (Sr-7) District on Lot 3, Block 336 located at 915 Wer.t,Oak Street. J, 6. RESOLU'i[ONSt A. Consider approving a Resolution authorizing William K. Cole to act for and to perform the duties of the City'Managor in his absence. i i , -2 8. Consider Resolution authorizing the Mayor to execute a license between the City and Santa Fee Railway Company relating to a r power line crossing at MP 101 + 7528.3 feet at Minchin in Denton County# i Texas (u.s. 377). 7. Z-1366.+ Consider an ordinance allowing for final action on the petition of safety Kleen Corporation seeking annexation and Planned Development (PD) toning classification on approximately four acres located cast of Cooper Creek Road and so+:th of tha existing Safcty Kleen•facility. 8. Consider authorizing the advertisement for bids for construction of drainage improvements on FM 1515 near the Peterbilt plant, 9. Consider awarding bids for oversized paving and a drainage structure on Kings Row. 10. Consider awardissg bids for grading improvements for Police Firing Range, Bid #801, 11. Consider a lease with Rogar E. Sage for office space for the Energy Conser- vation Office. 12. Consider a report on the bird problem. 13. Consider an update on pending legislation 14, Consider matting the agenda for the March 27 study session. i ).S. Consider Consent Agendaf CONSENT AGENDA Each of theme items is recommended by the staff and approval thereof will be strictly on the basis of the Staff recommendation. Approval of the Consent Agenda authoritos the City Manager or his designee to implement each item in accordance with the staff recommendations A. REFERRALS: (1) 2-1384. This is the petition of Dr. Walter 8, Miller, .7r, request- ing a change in zoning from single Family (SF-7) to office (0) classification at 2280 West Oak Street. (2) 2-1385. This is the petition of Mrs George C. Coen requesting a change in zoning from Single Family (SP-7) to Multi rimily Restricted (MF-R) classification for approximately three acres located on the j west side of Sell Avenue, adjacent and south of the Denton Housing Authority's elderly housing development, . 8. BI O9: (1) 08643. Five passenger Van > I (2) 01644 Metal Garage Doors (7) 16645 Boring - Underground Conduit (4) 16647 250 and 500 KCM Connectors 16. Executive Sessioni A. Board Appointments. v 17. Consider Board Appointments. i 1 ' i • • ADDENDUM FOR THE CITY COUNCIL MEETING MARCH 20, 1979 1, Consider awarding the contract to the low bidder for overwidth paving on Stuart Road and Hercules Lane. t ' r ' . j 1 i 1 V s i 110 city Council March 6, 1979 Regular Meetinngg of thu city council of the City of Denton, Texas Tuesday, March 60 1979 of T:00 p.m, in the Council Ckuber of the Municipal Bullding, 1 PRESENTI Mayor Mitchell, Mayor Pro Toe Coy, Menbers ik, hes and Nash, City Manager Chris NaTtung, City Attorney Paul Ishom and C~ty Secretary Brooks Holt. ABSFNfn Member Stewart, 1. Motion was made by Coy seconded by Hughes that the minutes of the Regt,lar Mceting of February 20, 1979 end the Special Called Meeting of February 27, 1979 be a;;proved, Motion carried, 2. The Council considered an Ordinance authoriting the Issuance and sale of $4,000,000 Water and Sewer Revenue Bonds, Frank Modanlch of the First Southwest Company, Anton't financial advisor, openey' the bids, determined the best bid and recommended passage of the Ordinance , The following Ordinance was presented; ORDIM'XE NO. 7913 CRDINAN,E AtMCRIZIN;, 111E ISZ W:E OF WATK AND SE'W'ER SYS M W-Vua B0M4$. Motion was made by Nash, secovled by Mitchell that the Ordinance be passed. On roll call vote Hughes Nash "aye', Goy "eye' and Mitchell "a V11. Motion carried, (The bid was awarded to Merrill-Lynch, White Weld Capital Market Group and Associates at an effective interest rate of S.56491.) 3. The Council considered an Ordinance outhoriting the Issuance and sale of $4,500,000 General Obligation Bonds. Mr. Modanich opened the bids, determined the beat bid and recommended passage of the Ordinance. The following Ordinance was prt.{cnted: '011DINOU W. 79.16 CRDINANCE ALMk)RIZING 112 IS9JANCE OP GET.•EAAL OBLIGATION BONDS. Motion was awls bqq Nash, seconded by Mitchell that the Ordinance be ssed. On roll call vote Ihrghes "oyt", Nash "aye", Coy "or, am Mitchell "aye". tPiotion carried, (The bid was awarded to First City Nations] Sank of Houston at an effective interest rate of 5.4317.t9i;) 4. MUC HEARINGS: Meadows, (A) A public hearing wss held on Z•1516, the petition of Ms. Joyce toquestinI a change in Booing from Agricultural (A} to Single Family 1 (SP-7) kclsisidiccat ondon ~e'3 acre tract ! am 1000' east of the intersection j This property fns 140 north of Audrs. n and hone in The Mayor opened the public hearing After hearing 1 speak in favor opposition and a report from John Lovrctt, the hearing was closed, Motion was mode by Coy, seconded by Nash that the petition be approved. Motion carried. l 1 1 5ini cr reeqq(uug) s d public A hearing was held on 2.13710 the petition of Hr, Rollin (SF- e~assifieatlat at 1003 Nest kg5t~ret lti Family or-1) to Single F'Vily 1 The Mayor opened the public hearing - After hearin l speak in favor and nano in opposition and a report from City Flonner the hear ng was closed. Notion was made by Nosh, sccondod by Gay that the petition he approval. Motion carried. I rwvam~ 111 March 6, 1979 Continued rl Williams, (C) A alchan`rcringtonL hefronnMultilFamlly petition of Ms. Dorothy Y lM1F'q t to Single Famil-P (SF-7) classification at 915 West OakStreet. The Mayor.gvned the public hearing. After hearing 1 speak In favor and 1 in opposition and a report [ran John iavretts, City Planner, the hearing was closed. Motion was made by Nash, seconded by Mitchell that the petition be approved. Motion carried. S. The Council considered a report from the City Attorney on contract eoat+arison and considered a request of Aerosmith Denton Corporation to build new hangars at Denton Municipal Airport. City Attorney TO= briefed the Council and sug¢gested that the nutter be placed before' the Airport Board before making a.decislon.. t Council Member )lughes stated that negotiations with Aerosmith should be (Y) fair to both parties. ~ Bob Smith of Aerosmith, stated that it was not appropriate to discuss the matter at this time, since he had not received a note from Mr. Isham until Q this afternoon. i Q Motion was made by Hughes, seconded by Gay to refer this item i to the Airport Board re; .to review. Matson carried. n Council Member llughos stated that several items meat be clarified before the City completes its negotiations with Aerosmith. Bob Smith stated that they had to have an oMrtunity to axpand and know whether or not we can expand. He added that the cost o[ material and money are escalating rapidly, Motion was then made by Nash, seconded by Gay to approve thn construction of the requested new buildings. Motion failed with 2 for and 2 against. 6. The Council considered a request of Curtis Copeland to repeal. Cit Ordinances pprohibiting the use of alcoholic beverages at places licensed for dancing or billiards. Mr. Copeland stated that this was a class project. lb introduced Ms. Herschhorn to speak relative to the subject matter, f Assistant City Mansaer Xing Cole requested that the mutter to the City Attorney consults Council refer the for review and consultation with the Chief of Police. i + Motion was made by cliches, seconded by Gay to refer t),• mutter to the I City Attorney. Motion corriccdd 7. The Council considered Q•211 the quit claim of a 16' -utility easement located on property on the south side of I.3S8 and east of Denton State School Road. John Layette, City Planner, stated that the Planning arvt Zoning Comm. ission and the Utilities Department reeommonded approval of tiis request. , f Motion was made by llughes, seconded by Nash that the quit claim of a 16' E utility easement located on property on the south side of I.3S9 and east of Denton State School Road be approved. Motion carried. looted onblheouunnccil considered Q•2S, the quit claim of a 16' utility easement I Fort Worth Drivewest property line of a tract at the northwest carrier of 1.355 and Joan tavretts, City Planner, stated that the Planning and Zoning Comm- fission and the Utilities Department roeexmorelod abandonment of this easement on the condition of acquiring an alternate easement, e n y Motlor, was mode by Nash, seconded by ILghes that the quit claim of a 16' n i utility easement located on the west property lima of a tract at the northwest corner of 1.359 and Fort Werth Drive be approved. Motion carried. I Z March 6, 1979 Continued 9. The Council considered approval of final payment for Williams Trade Square to Dcntou Construction Canyany. I Rick Svehla advised that the Staff recommended approval. The final r 1 payment being $11,624.94; The total ease of the,project is $93,329.81. Motion was made by Nash, seconded by Mitchell to approve final payment and penalty upon receipt of maintenance bond. Motion carried. 10. The Cotsxil considered an ordinance recommended by the Citizen Traffic ] Safety Support Commission to prohibit all trucks over 12,000 GVW on Bell Avenue J from Sherman Drive to withers. After a briefing by Rick Svehla in which he stated that the Traffic Cc mission had met in S meetings to discuss different alternatives for truck routes, the Commission finally decided that the area causing problems was on Boll Avenue from Shemin to withers. I The following Ordinancm was presented; ORDINANCE NO. 79.17 AN ORDINANCE 91134DING O APTT:R 24 "TRAFFIC', ARTICLE 11, OF 7118 CODE OF ORDINANCES OF THE CITY OF DM'N 1tW BY ADDING A I'L•W SECTION 24.67 PM1111ITIWG TRUCK TRAFFIC ON A CERTAIN bO ieN OF BELL AVENUE; riffIDING FOR EXCEPTIONS; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. Motion was made by lk,phelp seconded by Nash that the Ordinance be passed, On roll call vote Nash "aye", tkpghes "aye", Gay "aye" and Mitchell "aye". Iotlon carrlud. 11. The Council considered the recommendation of the Traffic Safety Support Ctmnisslon to reduce the speed limit on Fort Worth Drive from Eagle to Carroll from SS to 30 mph. l I Rick Svehla advised that the Planning and toning Cosnlssion reviewed this item at their February meeting and felt that duo to the distance and the sharp curve at Carroll, a 30 mph speed limit is warranted. Motion was made by Nash, seconded by 1, has to approve the request to J reduce the speed limit on Fort Worth Drive from~sg)e to Carroll from 35 to 30 mph. and the City be instructed to prepare the appropriate oriinance. Motion carried. 12. The Council considered payment of engineering fees for City of Denton's share of water and sewer improvements in the NISU area. Director of Utilities, Bob Nelson stated that this raney would reimburse I WSU for engineering fees for the City of Benton financed projects; engineering + p fee is in the amount of $7p7$3.b0 for the prairie Street sewer line and the Avenue Ii C water line. Motion was made by Nash, seconded by Gay to approve payment of engineer- ing fees for the City of Donton's share of water and sewer improvements in the I NPSU area. Motion carried. I is. The council considered a lease for office space for the Energy Conner- valdn Office. 3 ! + King Cole, Assistant City Mlutaget, advised that arrangements nor lease for 2 roans in the Raposs Building at a monthly' rate of $225.00 have seen al•de. ' ' We must pay the first and last months rent in advance as it deposit, . Ws far p the Conservation office, headed by John Goldman, ease from eontributli m from our electric utilities and a 315,000 grant from the Governor's Office if Energy Conservation. j Motion was made by Nash,.secomld by Ilughes that the lease for the office space be approved. Motion Carried. 11 • I ter.,...»~......._. _ I 113 March 6, 1979 Continued 14. pimufflom: !'y The following Resolutions were presented: I ! (A) A Raselution atabllshing an estimated project schedule for i design and constriction of Hickory Creek sewer interceptor. AT A REC" XM'T1NO OF 'PIE CITY CW14CIL OF TILE CITY OF DEMON T VAS. HOLD IN IM KNICIPAL Bl1TWX OF SAID CITY CN TIM 6111 DAY OF MARCH, A.D. 1079. RESOLUTION WIEREASI the City of Denton, Texas has made application to the Teas Department of Water Resources and the Environmental Protection Agency for a Federal grant rsuant to the Federal Water Pollution Control Act Amendments of 1972, Public 'I Lew 92.S00, and the ,rules and regulations thereto, i NOW, T1EREFORE, BE IT RESOLVED BY TIM CITY OF DWPON, TEXAS: t ~ That the application for which Federal grant assistance has been requested M rsuant to the federal Water Pollution Control Act .amendments of 1972) Public Law •SOO, will be constructed to completion in accordance with the laws, rules, and regulations and with the following project schedule: Q mm, INFORNAI'ION DATE I Date applicant's share of S.op 1 Already Completef Q pro ject costa will be Step 2 As needed available Ds:e Site(s) for project facilitles will be available By March 1, 1980 pRaw SCHF3M + I ' 1 r ITM CALFMWt DAYS Step I N/A Already Completod. 1J Step 2 A. Usor Charge System and industrlsl Cost Recovery System (If requirtd) developed and submitted 1 j to the State after Step 2 grunt award, 270 Days B. Preliminary Plan of Operation (if required) completed and submitted to the State after Step 2 grant award. 210 Days i C. Final Plans and Specifications, completed end I submitted to State after Step 2 grant award. 365 Days 1 Step 3 t I A. Advertise for construction bids within after suthoritation to advertise for bids has been iS IkY~ Issued. 0. Submit Bid opening Doc'ument% within after I authorltatlon to advertise for bids has been 15 ! issued, DXA C. Award of Construction Contract within after auth• i orlutlon to award the contract has been issued. 15 Days 4 1 + D. Initiation of Construction within after the award Days of the contract, I 'E, Complete Construction within after initiation t of construction. 500 Days Ii { 114 3 March 6, 1979 Continued 8E IT FUR11IeR RFSOLYID, that the C}ty of Denton, Texas, understands that the above protect schedule mast be approved by the Texas Department of Water Resour• / ees and tie Env,folmental Protection Agency, and that once a reject schedule 1 IAs been opproted, :w changes will be author,:'A without first receiving ep1- WritaloProthhectIoft Agency the Te:ws Department of Water Resources and the FnvIron• PASSED AND APPROVED this the 6th day Of March, A.D. 1979, I r / ATIFSC: CITY OF D1NfON, TEW r CITY OF DEN6, TENS APFFOaD AS To LEGAL 1'ORy; P/s CITY OF DD4TON, TEXAS made On roll Callivote Hug es "aye". Nish "ays",bGayaYoy`na't e td Mltchell l a passed. ' carried, ye , 1. tfon F (B) A Resolution relating to the North Texas Higher Edutltion Auth- ority, Inc, approving certain actioro taken by the Hoard of Directors of the Corporation and approving the Directors thereof, f AE90LUTION i A RFSOIXION BY TIE CITY MINICIL OF TIM CITY OF DENTON ' NOR111 TEXAS HICIER F3WTION ALrnMITY 1NC• APPROVING TEAS, CERTAIN ACTIO CTIONS ISL TO THE 7103 DOW OF DIRECTORS OF nE ODRPOkA EDF TAXEN TION• ,gip BY PMDING AN EFF&-rn rATE, ' PROVING THE DIRC~`ICRS TIQ REOF; 1`fffRWI the governing body of the City of Denton, Texas, on thA Sth day of July, 1970, requestod that certain individuals proceeded to re•organlze and re-establish a non-profit corporation pursuant ootppo the exas Non-Profit Cc rpo tthhee aacquisitionhofistudeenntal ans.. thaptreuwchthas beenticcanpllrihto for the providing rinds for 1 being known as the "North Texas Higher Educatlof, Authority, Inc,"; and rporatlon I kERFASSthe North Texas Hither Edr ,tion Authority, Inc, has proceeded In the ne evernfnt of a plan of do ng business and it is now appropriate for this ~O frs verning ob~ iapproo the actions taken and the coeposition of tho Board of rporation; now, therefore, ! BB IT RESOLYF.D BY TIE CITY CO(A CIL OP Tile CITY OF DENTON, TEXAS: SBCIION 1: This governfyt body has been advised by the North Texas Higher Muk`a`f o Authority, Inc. that such Corporation upon approval thereof by the Cue bodies of the Cities of Denton and Arlington, Texas issue revenue bonds in order to obtaL: funds to . Proposes to are ~uarantecd under the provisions of the HigW Eduuccationon Acttofo196S (Public h taw 9.319), as amended, as provided by Chapt0r.53 of the texas Education Code. that sucl: bonds would be Initially issuod u "Series A" b principal amount of $20,000,000 and that such bonds would bo in the ogg regate ' secured by a pledge of revenues derived from or by reason of W oownershipof be i student loan notos and investment incomo after deduction of such expenses for j operating the loan program as my be specified by the bond resolution or trust indenture authorlaing or socuring such bonds and the payment thereof. j SAC1ION t: This governing body hereby requests that the North Texas lligher =Ej rc` Authority, Inc,, proceed with the issuance and delivery of such bonds for the purposes aforesaid, and in this•eonnection requests oration exercise. the powers enumerated and provided InnSectionaS37 ofithe Texas I Education Code; that such non- refit corporation shall, in this connection, exer• eise such powers for and on ben + plated b half of the Clay and the State of Texas, as canton. Y section 53,17(e) of the Texas Education Code. j I , i I• .bi•n. Jay . . f I I • I I Marc?. 6, 1979 Coat hued 1 5 SECTION s; Ttat the following instnamonts or actions, to wit, (a) the by-laws of the Corporation, as adopted by the Board of Directors. (b) the Articles of Amendment to the Articles of Incorporation of the Corp. oration; (e) the Plan of Doing Business of the Corporation, as adopted by the Board ff ' of Directors; 1 (d) athe election or designation of the eight Directors of the Corporation; 7 (e) the authorization of the Series A bonds of the said Corporation in the i principal amount of szo,000,000; are hereby approved. ShYTION l; That the City-of Denton, Texas . , agrees to accept cash that say be convey to it by the Corporation when such funds are not encumbered and all bonds M of the Corporation are paid and retired, but in no event does the Cityy agree to 11 assume any responsibility in connection with the administration of this atudent loan program; it being understood this responsibility is being assumed by the W Corpor.%tlan. Q SECTION S; It is recognized by this governing body that the instruments which Q auiFio to the issunnco of bonds by the Corporation will specifically, state that onethetbonds proposede os1~ Issued ligatol Cortpooii gone pNothing InfthislI resolu- tion shall be construed as an indication by the City of Denton, Texas, that it will pay or provide for the payment of any obligation of the sold Corporation whether heretofore or hereafter incurred, and IIn this connection, ■ttentios called to the Constitution of Texas wherein it to provided that a City MAY Incur no indebtedness without havin made provision for iti payment, and the City of Denton hereby specifically reuses to set asile any present or future funds, ` assets or money for the payment of any indebtedness or obligation of the Corpor• SBC710N 6; This resolution shall be effective from aid after Its . passage. ~ PASSED AND APPROVED, this 6th day of March, 1979. ATTEST; ~ ~1'I'~AY~ C'1TY~"1kRILFf•"1'lsGb~" € p Motion was made by Nash, seconded by Hughes that the Resolution be ed. Motion carriedll cell vote itighes "aye", Nash "aye'I, Gay „aye" end Mitchell "aye", 1s, the Cotincil considered approval of a contract with Alexander Grant and Company to provide assistance in the drrelopment and evaluation of a request for proposals and providing computer service to the City of Denton. Following a briefing by Assistant City Manager Kingg Cole 4 wino stated that It is the Staff's recomnerdation that a contract with AlexAtldor Grant and CrnpenY >x approved to conduct the wobLmrk outlined in a letter of agreement from Alexander Grant and Company to City ager dated March 1, 1979 motion was nude by Nash, seconded by Hughes that the contract be approved. Motion tarried. 16. The Council received a report'on pending legislation and considered toking a position or relevant legislation. sale of (A) This Bill woWd allow an Mtside utility company to bid for State agency evveen thoghiservedibyta 1,ki nniielpolity,~ right-of-way to serve r i • I P . . I ..r J- mow. 1 M~ NkeV)~ I ' March 6, 1979 Continued 1 (B) House Sill 1334 would eliminate eminent. domain of public utilities, This was introduced out oC Grimes CountThis bill would require ea~ensation for land owners and prohibit public utilties from taking property until 011 appeals are completed, PISaWION: Mitchell.-If we cwld not have condanned property in Denton in the past, ell new streets would now be old streets. Hughes--l think Denton should take a stand against this bill. Nash--This is competitive and competition is good. Gay--Wlth investments we have, we would be in trouble if we had to bid each year, Ilrghes••1 am completely against this Bill. ' Kitchell--I am also aga!net this Bill. (C) abuse Bill S06--Council indicated support for this bill. I 17. CONSFNI AGF1gW: Motion was made by Wsh seconded by Ftnghes that the following Consent Agenda be approved: Motion carried. (A) REFERRALS: i The following were referred to the Planning and Zoning Commission for its recaT ndationss (1) 2.1382 the petition of Mr. Ttoy Glenn, requesting a change in toning from Single Family (SP-7) to Conmorcial (C) classification on approximately I,2 acres adjacent and irnxdiately north of Glenn's Automobile Carole, located at f I "2 B, Mc innoy Street. f'! II (2) Z•1SB3, the petition of Mr. James Neblett requesting the followings r {s) A change in zoning from Agricultural (A) to Light Industrial 3(Li) classification on approximately 7.9 acres located on U.S. lky 8o mt. This trust begeins 1700' east of the intersection of flwy 380 and Cooper Creek RM, has 800' of highway frontage and is 130' deep. 1 (3) The request for deannexation of pproperty belonging to M. T. Cole Trust, located ir, the vicinity of the Denton 7A.mlclpal Airport. ' (B) SIDE: j (l1 Bid 18536, table games and accessories for Recreation Centers was ' Warded as folllows- Items 1 Lnd 3 to Medlin Equipment Campany Items B 4 9 to the low bldda•, Nissen, Inc. I Items 2,10,11,11 6 13 all rejet6ed. I of•eleetrheC il adjourned into Executive Sessl5n at 9:15 p.m. to discuss sate, utility property to NM and board appointments. I 19. TT:o Council recunvenod into Public Session at 9:30 p.m, to consider board appointments. Notion nns We by Ikmgh,es, seconded by Gay that Jane MAchell be appoint- ed to the Research and Economic Development Board to replace Ed Rutland. I Meeting OJjeurgod of 9:35 P.M. n ' V a a a I . Planning and Zoning Commission Recommendation to theZCi374Councii March 20, 1979 ldentity: Z-1379 ) This is the petition of Mr. Ceng(z Capan requesting a change in zoning. from Multi Family (MF-1) to Singh Family (SF-7) classification. Location: The site in this request is located at 923 West Oak Street. Recommendation: This request continues the trend of property owners along West Oak Street requesting downzoning from Multi Family (MF-1) to Single Family (SF-7) classification for their single family homes.' As you recall, the Council approved a similar rezoning request on 19 properties last year. Sentiment for this action by surrounding property owners is positive and the Planning Commission strongly supports this move as the first step in recognizing the significance of the Oak Street area. The requested single family classification reflects the current use and, it is felt, the best land use for this tract. The Planning Com- mission can foresee no negative impact to surrounding property owners if this request is approved and, therefore, recommends approval of this petition. The Planning and Community Development Department recommended approval of this request. Of notices mailed to property owners for the Plan- ning Commission hearing, four were returned in favor and none in opposition to this petition. No oppotition.was expressed at the Planning Commission hearing. t The Planning and Zoning Commission unanimously recommended the City I Council approve zoning petition, Z-1379. 1 a l t j i j ' P a'.F ~O''V •°j '.til fly ti 4'".: F , n ~ 'Rfe, -Noy e'~t 1 di. • 7 ' r~ N W. '~+r ~PJ'^^ , y Nr ".°j ' i L~.+¢~ 1 r qry, y:V'IP lm. f Y If ti7 ~ar A. .yi _ .firs ry~.yAq.•a, } r ~ y 1 x ) pi ,.n l y_S "v / ,y,,, 1'SYf} 1 1.~,_!F~ t r M'y o r~w"..~r1:i 4{'Y:~d ~w ((may yiFr\~ ~ f;4lErir~1~'M fl~.~ ~'L ~ a1k v '~Yt r uy' { ' ~ f ~ 1 1 l 1 { ♦ ~ ~1; {w T u. { y7~.~~ ~;I "~'a~7 Yt• ~Sj:. JLi'+.~'y ~{k i; Jr~ '~'klA ~}J•qF ~~.iy i~+k ~SA»"..~~, er, *rµ~ 1 i EE 1 1 ~k r- 9 i ~ r » . ^ off; e,~t~ • ~ k'~' _ ' ,~{t~ ~ R'" s; "t ,I a r ,1 ` j. ~LO, 'rj F, IJ~} *h4 J ! 4v I A C 1 +r 1 F..1 1~;, y r Not "P ~fZAi 71.x. r » °{-,',Y'S~ k~. , 'ty YI ',k' t { l} J 1 r jo~ s IRS ~ t .~~'r ~ •b ti s q 5 t 41 v` ' M n t t,~ +f. ",1x1 at,: r N te,{1~ '~'r"x~t 1.• , t. y y r ~ "A" f f )1 p ry- 7 a i14 • v A rp, S I V e+ t! „a v C k f i. 1t I n v f. • r~~jjv } ~ r r it^ 1k :r % 40 PA i t{ 3 sw y W 1 IePyy, <,A'll s, ,J Q ` R f t F ' 6~ l 1y Maw j y `ir 1~ r ` to 1 f f 'Fr >w ! ~ I I Planning and Zoning Commission Recommendation to the City Council Z-1380 March 20, 1979 Identity: Z-1380 This is the request of Mr. Barry Wachal requesting that the zoning classification on a 44 acre tract adjacent to Greenway Club Estates be changes from Agricultural (A) to Single Family (SF-7) and (SF-10) classifications. I Location: I This tract is located immediately east of Greenway Club Estates and adjoins Payne Drive on the north, Single Family (SF-10) zoning is requested immediatci,v adjacent to Greenway Club Estates on a 12 acre tract being 300' x 17451. Single Family {SF-7) zoning is proposed to the east of the proposed SF-10 area on a 32 acre tract being approxi- mately 800' x 17751. Recommendation: The zoning proposal would permit the development of a significant residential addition in the northwest. section of the city. The r Comprehensive Plan indicates that this area should be developed for residentiat use and the proposed zoning 'would permit the logical extension of the Greenway Club Estates Addition, The zoning request provides a transition from the existing subdivision (SF-10) to the smaller lots proposed in the single family (SF-7) area b { an intermediate area of single family (SF-10) zoning, The pPlarning t' Commission feels that because this new section will be doveloped in this manner, it will be in Character with existing development. Public facilities are adequate to support the proposed land uses. a: This tract will have immediate access to 1.35 and to Payne Drive, and it is likely the development will eventually have direct access to University O;ive or Bonnie Brae. Water and sewer service can be extended to serve this property and there is adequate capacity in the ltnAs. I The Planning and Community Development Department recommended approval t' of the lroposed zoning request, Of notices sent to property owners for the Planning Commission hearing, three were returned in favor, one in opposition, four undecided, and one unmarked, Public comments at the Planning Commission hearing addressed street alignments and traffic patterns which might result from the new development. Tho Planning Commission received this input and informed these residents that street alignment issues would be considered when the property is platted, I M The Planning and Zoning Commission unanimously recommended the City Council approve zoning petition 2-1380. rlk . . . p}~pygy~74^Ys'0.l:Sd F31zl,+r'. 3,tiaL.M K°. A.}J..i'ik,.f.}.,~c uv'AF t. •4.a.N'r',u.ff. ..A.fil'bWk.~ Y'8.a io^Nf:.a.wro».. ..,,w • ° i•y, a We _ _ over v • 4D ~ ! + t ~ , a a a Y♦ ~ 1 yr ~ '.,~5 A M ~'4 k R Agncuffued) (A) to Single"Family PAYN~ a fSF,10) , IQ !1 I, a ..t 1 Ik.v',~ ~l J P jr~{ a W ! „pie ' 1 till v ' 1 y) , r yq~ r 'YI''Y If I Nf 11 II r w• l1 r-j %P ~4~~.n,7+j~]>, R Y ♦ 1 61 jr , , A"'sir " ~~,fl'~•:. `,r ~~"a-a~, ~ t'f i ilr~[ ~jli ja r • r Single'Othfl t •f " h4r r ~ ,Rl 1}C112 p'~''i r >`.~I R r ! •f 4{'a'jtij 5 r "I } ' •';"1 t .tll 111 .5 i •e1~ ~t Ifr ELI y ~`5 f, a li ` 1 N ^r k f: Y.... 17 Yr y . r, 1 1 J A 1 t ` Set {d 1ti ell 4 _i 3 ".,4 R 1! , ~1rT pit<~ ~i G~'~,p RyNyP r'r ra~.✓ , { b 1 r V ° e''1 - 7r~~~' i : M ~ *wM ~ ~•~7~-~ ~E a . r~i1 ~ 1~ ~ S[a ~l ~t1~µ •,'#r h i" ` M!{~~' ~ "fj~ t~.iY tt~ aS } ,~S .y: y r~ft5+k rl y, t w'r `y~ 1,k /Y! •kiYJ ra If r hi V i1 , Y~y " e • , 6,a'f ~ r jyi 1'.1 Y ♦ ~'~r ' 1 1 4 } 94} °1! r 1,". +Y r""S ~ .~w ti~~•» ~'+~r i yy~'a yy+',n ~ • i~" k a..: t C aYf 1 k d ~4 i 1 4"~"N Y19 "1' } y (',z. a Y Y, ) . i L,~ `t r ~ Y". r: ~y_ D r yr r)~ ~ ti~~l ',1 }r 1 1~~f wI LR,~ x r ~1 1 ~r 1' r l 4 `e i ~ • ' 4 tier Me •t y_ffi~ },~~t ~ ~r ~l~ ~ ~ ~ q,d i I~ u E~ , i y ! `arc.( t` t Planning and Zoning Commission Recommendation to the t Council 2- 1 March 20, 1979 Identity: Z-1381 This is the petition of Mr. John Cottrell requesting a change in zoning from General Retail (GR) to Commercial (C) classification on 63 acre. Locaticn• This tract is located on the north side of I-35E, beginning 500' east of the intersection of I-35 and Mayhill Road. This is the former Texaco service station. Recommendation: The petitioner seeks a change in zoning from General Retail (GR) zoning classification to the slightly more intensive Commercial (C) classifi- cation for the purpose of operating a mobile home sales office. Properties across the Interstate from this site are zoned Commercial (C) classifi- cation, while undeveloped tracts remain zoned Agricultural (A). The proposed zoning change is not out of character with existing or antici- gated land use in this area and little, if-any, increased neg?tive Impact can be expected if this zoning change is ap;roved. Utilities are available at this site. The Planning and Community Development Department recommended approval of this request. Of notices sent to property owners for the Planning Commission hearing, none were returned either in favor or in opposition to this request. No opposition was expressed at the Planning Commission hearing. The Planning and Zoning Commission unanimously recommended the City Council approve zoning petition 2-1381. f I i t :a' ,.1? to ~ r ~ ~ e, , •4^Rr 5 } f y e r{}iv rah ~f . 40 'S ~ r ~ gyp ~ . R `r~~ • ~4. A b Y•'~. ~ 1 ° ;^.~Y ' t a. 1W-7 -i' . ' h r q?` r sir ale~YA v ~i .Silty C` ICI „ l.'•"-7~ ,'~y i~'rl< ~-.,~=i4 1~~ 1':., F 'X i~ n oa( 1\ d~•"~ ~~SS ~ ~ • 'ham. ,r t ~ k~, ~ " ~ rl~,~ 'j"3' lit 7{{, v '~s t~'t`~'_t (C. ~?',fit Jr4'~. is r .4' b'~ ' ;•P. w w ~N ~l a v ` V<hy i oil; M CITY OF DENTON MEMORANDUM DATE: March 13, 1970 TO: Members of the City Council FROM: Paul C. Isham SUBJECT: Jim Leggieri Mr. Leggieri is appearing before the Council to request that he be allowed to place a structure for the raising and keeping of racing pigeons on his residential tract in the City. Section 9-8 of the Code of Ordinances states that "no chickens, turkeys, guineas, geese, ducks, pigeons, quail, pheasants or other game fowl shall be kept in any enclosure any part of which enclosures within two hundred reet of any occupied dwelling in the city." This proposed strucl,uro would be'within two hundred feet of his { residential dwelling as well as some of the dwellings of his ! neighbors. i The Council should be aware of the fact that there is no provision for granting a variance to an ordinance of this nature. if the Council feels that this activity should be permitted, then the ordinance should be amended to allow Mr. Leggieri and any others in the same circumstances to keep and raise racing pigeons. Fur- thermore, no other board of the City of Denton Is authorized to grant a variance to an ordinance of this nature. j PCI :ds I , _ M { e e 1 r. 1 1 1.6 AN114ALS AND FOWL 4 4.11 unlawful to pile or stack manure In open stacks in the city. (1959 Code, Art. 3.05; Ord. lio. 76.30, Pt. I, 6.3.76) Cross rerertnre-Tethering or pasturing of animals In publle puke, _ ,w ,..w.drAiKAkeuiArdaMl+Mww~~'.wi.,wsitar~.a .•tirrMW See. 4.7. Noisy animals or fowl declared a nuisance. 1 The keeping of any animal or fowl which, by causing fre, quent or,long•continued nolse, shall disturb the comfort and • repose of any person of ordinary sensibilities In the Immediate vicinity Is hereby declared to be s nuisance and unlawful (1959 Code, Art. 3.06) Cron reltreace-Nuleancea generally. Ch. 11, Art, 11. •i Sec 4,•R. !{eeping of fowl. I No chickens, turkeys, guineas, geese, ducks, pigeons, quail, r pheasants or other game fowl shall be kept in any enclosure, ' any part of which enclosure Is within two hundred (200) feet of any occupied dwelling in the city. (1959 Code, Art. 8.07) , i See. 4•9. Injuring or killing cerlltn bards. i It shall be unlawful for any person to wilfully kill, or In any manner Injure any bird of any kind whatsoever within the city limits, save and except the English sparrow, wood- peckers and birds of prey. 0959• Code, Art. 3.07) Sec. 4.10. Injuring, capturing nr killing anlmals and fowl on public properly, Except as otherwise provided in this chapter, It shall be un- lawful to interfere with, injure, capture or kill any squirrel, bird, fowl or other nnlmal life within any public park, drive- way, highway or other public property of the city except by permission of the city council, provided, That this article shall e not apply to harmful rodents, reptiles or insects. (1959 Code, A.rt, 9.09) Cron rarennee-SLuRhttrlnR of anlmals Generally, Ch. It, Art, iV, ~ r Dir. L ~ Sec. 2.11. Itemoving or deelroying certnEn bird eggs. ' It shall be unlawful for a ; person to remove from the nest or in any, manner destroy the eggs of any wild bird, 9rpp. Na 46 817 • I A~ r 1 M CITY OF DENTON MEMORANDUM i I r DV March 13, 1979 TO: Members of the City Council FROM: Paul C. Isham j SUBJECT: Proposed Cooperation Agreement with the Texas Indian Commission f J There are several legal problems with the proposed cooperation agreement with the Texas Indian Commission that should be known 1 by the Council. First, the cooperation agreement is with the Texas Intertribal { Indian Housing Agei.cy which proports to be a local housing authority. Article 1269k V.A.T.S. has the authority for treat- ing housing authorities, and, as all of you know, Dentor has a housing authority. The provisions of Article 1209k seem to in- dicate that only one housing authority is allowed in any city and it specifically exempts housing authorities from operating in cities other than where they are formed. Second, the proposed agreement would make the housing unit tax exempt, but would allow the authority to make a ten percent pay- ment in lieu of taxes. There ig a question as to whether or not this is permissible by law. If the property is indeed exerTt, then no taxes should be paid on it. If it is not exempt under I state law, then the payment of taxes for the property should be ! made to the city and other taxing authorities. Paragraph 3 (a) contracts the city to furnish public services and other fr.cilities to the inhabitants of the houses at no cost or charge to those inhabitants. This would ir,ply that such ser- vices as water, sewer and electricity would be furnished at no charge to the inhabitants of the dwellings. Our City Charter would prohibit the city from entering into such an agreement. It is my understanding that after a cooperation agreement is { signed by the City and the Housing Authority, it is still sub- joct to the approval rf }IUD in order to obtain financial assist- f, ante, If any subsequent changes or modifications are made by that i I I i Members of the City Council March 13, 1970 Page Two agency, then it must be returned to the city a:~d housing authority for tbg1r approval. It seems that the above issues need to be resolved before a fin%l cooperation agreement oan be approved by the city. PCI :JS i t 1 . r f fl i ~J 1 f i i ~ L tMp,N l-nl_p CFeae en I / fenlnt b,e, lydiee,. • Akgema{w,lwne tnd~n F.0, M. 141 trio". Te 77f7f ~~t Inenelial4.in0gen ryi}ty7yf! "F ~tia.'e 1pee Md'wn Itie, a" ~V 11►ew VIala le:n. commaa bnw :r.lred'a~enel Itk4,pee ToU F. 0. gee of tests ►eee Me.-opdocM,. To 734!1 Amer$m lol4n Comer 7il/SAIiJA1 000,1 TEXAS INDIAN COJV MISSION loch fh0in0,, 0etlo, Meer Ut Cents? Cemmlulorw + _ I I M foearo And Watt groomer, t,x or., 00eelair Oelbe it Pow. TX 744f7 1011 Ahten, lWing,ran• ti. Pile + Amerken Indian loft% f l g/►lb711 717/717 11U, Fore Worth InltrlrC,C1 terrheq January 4, 1979 He~,+on e There are about 25,000 American Indians living in the Dallas/ Fort Worth Metroplexr Many of these families have left their Reservations in the last fifteen years seeking a better %rray of,life where job opportunities are available. Billions of dollars have been s ent to assist Indiana on Reservations with limited success, Uny find it difficult to leave the security of the Reservation, but to enter the mainstream America, many conscientious Indians who do not'want to participate in welfare the rest of their lives are making the sacrifice of moving to the cities. Their greatest void is their lack of belonging. That' are used tQ having their own home on their oam land in an Indian Reservation Culture. The greatest assistance we can give them in this veryy`diff'rult transition is to help them acquire a safe and decent home tih4c they can call thei- own--a substitute for their Reservation in the city. Today msnv Indians are renting substandard houses and becomo depressed, leaving their jobs to return to.the' Reservation but finding they cannot make a livi•Ig for their, families on the Reservation and returning to the city This costs the employer in training employees and then i losng their services. The Texas Indian Commiattion has joined thb Dallas Intertribal Center to form-the Texas lntertribal Housing Agency and HUD has 1von tre Agency• contract authority to build 400 Indian-Mutual Help Homeownership houses in the Metroplox. It is an excellent , program where the Indian Family helps build',the•houses anti is* credited with sweat-equity as a down payment ana`thcn pays 25% of his incene per month for 25 years or until' tlhl: house is paid ' out, whichever comes first, 'The houses will be ,-4,,,and 5.bod- room brick veneer homes valued at $40,000:00 to 4 ,000,00 per home, The homeowners take pride in caring forethoir homes $deauso I w,.'q~.~~_ _ ..fir, ~ - January- 4, 1979 Page 2 ; they had to work on tho home and feel that it is their new Reservatitn, consequently staying at their jobs indefinitely, We provide counseling for the families in home maintenance, home economics, home finance, Job training and anything else that will help them become a contributing citizen of the community, f The Texas Indian Commission must hold the homes in trust until. { 'they are paid out and will be reEponaible for proper maintenance. ,The only,hooker is that the horses must be tax exempt until they are paid out, This troubles many cities as we can full yy under- stand. To alleviate thins problem Ad can pay 10% of the homeowr;er's payments to the cities in lieu of taxes. Also, the schools can collect $150.00 per child per year from the Indian Education Act Program, Many Federal Programs, such as IndiP.n Health Services, Proschool Education, Counseling and Job Training, will bring new social service funds into your city. Further, we will work with the city by purchasing an substandard 'homes and spending $20,00;,.00 to $30,000.00 'to rehabilitate them so that when they are paid out they will be placed on the tax roll at a greater tax value. I have enclosed for Admission Po11 your roview the Texas Indian, Commission Statutesies, roposed Cooperation OAgreement withmyourfcityartI wouldslike too ' have an opportunity to meet with you to explain the program,more y fully. I will call you in tho nea,-- future to arrango an appointment. Thank you for this consideration. $S cerely yours, c Walt Broemer c ' f Executive Diraotor x i WD1ps ' Enclosures. ' I + CERTIFICATE I+ , (secretary) (Clerk) of the City of Texas, herehy certify that I have compared the annexed extract from the minutes of the (regular) (special) meeting of the of said City, held on the day of with the original thereof, recorded In the nt'ficial minute hook, and that it is a correct transcript therefrom nnl of the WIL01e of said ariisJnnll that the annexed extracts of the minutes or the meeting it a true and complete transcript of such minutes and that the SeSOlLtton(a) contained therein ie s true, complete and accurate copy of the Resolution(s) adopted at said meeting. X' further certify that at the time of the adopElon of the Annexed i Aesolution(s) the duly elected, quplified incumbents }n office were Mayor, and i (Councilmen) (C..VaLssioners)l and that the regular meetine place, data anal time vast )lace Day(s) Time lit WIMM WIDMOR, I have hereunto set sq hand and the seal of the City, of , Texas, thii day of Teo NOTICE OF INTENTION Or THE CITY OF I TEXAS, TO ENTER INTO A COOMPUTION AGREE- KENT WITH 1113 TEXAS INlERl•RI6A'--IN- W AN HOUSING AGENCY OF TEXAS pursuant to A Resolution duly nuopted on by the of , Texas, iy Rovcrntng hpdy)-- Nuiicc is hereby given of the intention of the City of _ ~ Texas, to enter into n Cnoperation Agreement with the ,Texas Intertribal Indian IbuslnR ARenry of Texas, and further; Notice to hereby given that at tha expiration of sixty (60) days from the date of first publication, the of the City of Texaf will consider the question of whether or not it will enter into a Cooperation Agreement with the Texas Intertribal Indian Housing Agqncy of Texas. A copy of the proposed Cooperation Agreement is avail- able for the inspection of the public at the office of thA City Secretary during ; business hours. This Notice is given and publisheJ pursuant to the (lousing Cooperation Low of the State of Texas. , t E k (Notes This retire nuet be published two times within a period of 60 days.) , I . I . 1 I The motion to adopt said Resolution was seconded by f!r. and upon toll call the following votedi (Namea) NAM (Names), • Thereupon the Resolution was dcclarcd duly passed and ndopted. The mayor of the city of , Texas, being present at the meeting was thereupon notified of the adoption of the foregoing resolu- tion. o m• AOJO0RNf1ENtI floating adjourned at $clock WROVEbi { (Mayor) I ~ ATTE ST I (City Secretary) , TEXAS. MINUTES OF MEETING OF THE OF TILE CITY OF TEXAS, HELD ON THE DAY OF ,19 On the day of ---1 19_-, it o'clock, the of the City of , Texas. met at in said City In Regular/Speciil session, Vic meeting was called to order and on t}ie.roll call tlso following members of the body were fcund to be resents Presents , Absents A quaruu being present, the following Resolution way introduced by Mr.r. _and fir, moved its adoption. RESOLUTION NO. RESOLUTION AUTIIORttING PUDLICATION OF 1'1(E 1NTP.NT TO ENTER 114TO A Csk)P- ERATION ACREVIENT Willi T118 1011SING AUTHORITY OF THE TLXAS IN'1rATRIUAL INDIAN HOUSING AGENCY Off, 1EN,'.3 BE IT RESOLYED BY TIIC CITY OF , TEXAS, As followst 1, The City Secretary is hereby authorlted and directed to give notice of the intention of the City of , Texas, to enter Into a Coop- eration Agreement with tho Texas Intertribal Ilo4sing Agency of Texas, by twice publishinj a copy of said notice in j I which is the City's officially dosignated newspaper. 2. Sold Notice shall state that at'tha expiration of sixty days from the late of the first publicatio7, the City will consider the question of whether or not it will enter into a Cooperation Agreement with the Housing Agency. I. The City Secretary shall keep a copy of tha Cooperation Agreement pro- r Posed available for inspection by the public at tfic'effice of the City 'Secretary during usual business hours. A. This Resolution Shall take effect immediately. I I I Affivhvl'r of YOS'IANU OF NOTICE STATE Of TEIIAS COUNTY Or r~ 11 the undersigned , Clerk of the (city) of , Texas, do herewith certify that on the day of , It at the bour of o'clock .m,, I did post ■ Legal Notice in words and figures following to-wits "l'UEL10 ..dY1CE OF lIEEI'!N('." , TAKE NO'T'ICE THAT A HLETINU OF THE city Council OF THE CITY Of - ,TEXAS will be held at commencing ot, o'clock `.M, on the _ Joy of .19 to consider and act upon the following) A RESOLUTION AUTUORIZINO PUBLICATION Of T'IVINTENT To ENTER INTO A COOPERATION AORECHF.NT WIT11 ITS T'CXAS INT'flit'RIIIAL tNOIAN IIUUSINo ACP.NCY Or TEXAS.a on a bulletin board at it place convenient to the public in the _ of the (city) of Texas , to required by V.A.T.S., Article 6152-17, of woman's Annotated Texas Statutes, as amended. Witness my hand anti the seal of said (city) this day of , Clerk of the (city) of (6LAL) Texas ' i , eNOTEI Notlte must So posted at )cast three days prior to tilt reetin: data, a n.xswy N0. AN ORDINANCE BY THE CITY OF DENTON, TEXAS, CHANCING AND ESTAB- LISHING THE MAXIMUM PRIMA FACIE SPEED LIMIT 0`F FORT WORTH DRIVE BETWEEN THE INTERSECTIONS OF EAGLE DRIVE AND 0ARAOSL BOULEVARD. P1 FROVIDING A PENALTY, PROVIDING A SEVERABILITY CLAUSE AND DECLAR- ING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSI SECTION I. That the maximum speed limit on Fort Worth Drive, a public street within the City of Denton, is hereby changed from 35 MPH to 30 MPH between the intersections of Eagle Drive and Carroll Boulevavl' SECTION It. That anyo,e exceeding this speed limit, when posted, with- out legal excuse, shall be guilty of a misdemeanor, and, upon, conviction, shall be punished by a fine of any amount not exceed- ing Two 8undred ($200.00) Dollars. ! SECTION 111. That if any section, subsection, paragraph, sentence, clause, €k phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent suriediction, such holding shall not affect the validity ,of the remaining portions of this ordinance, and the City Council of the J City of Denton, Toxas, hereby declares it would have enacted such t ' remaining portions despite any such invalidity: SECTION 1V. That this ordinance shall become effective fourteen days 1 E ~ from the date of its passage, and the City Secretary is hereby ~ directed to cause the caption of this ordinance to bo published I twice in the Denton Record-Chroniole, the official newspaper of i the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED This the 20th day of March, A. D. 1579, E - ~ 'ICHL•L , MA 0 ' OITY ON DENIM, TEXAS ATrEST, M } ~ -"z=1377 Mr. Rollin 3lninger f NO, f r AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, i AS SAME WAS ADOPTED AS AN APPENDIX TO THE CCDE OF ORDINANCES OF ~ THE CITY OF DFNTON TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOT 1, LOCK 330, AS SHOWN THIS DATE,ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON$ TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSS SECTION I. { That the Zoning Map of the City of Denton, Texas, adopted the 11 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under provisions of Ordinance No, 69-10 be, and the same is hereby amended as follows: 7 All the hereinafter described property is hereby removed from the Multi-Family 'IMF-111 District as shown on said Zoning Map, and all provisions of Ordinance No. 69-1, adopted the 14th day of January, 1969, as amended, shall 'h hereafter apply to said property as Single-Family "SF-7" Dlatriot in the same manner as other property located in f the Single-Family "SF-7" Distrietl All that certain lot, tract or parcel of land lying anJ j being situated in the City and County of Denton, State of Tsxas, and being Lot 1, block 330 and being located at 1003 West Oak-Street in the City of Denton, Texas, SECTION II, 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, Texan, and with reasonable consideration, among other things for the character of the district and for its peouliar suitability cr particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most Nppro- priate uses of land for the maximum benefit to the City of Denton, ( Texan, and its cititens, SECTION III. { I That this ordinance shall be in full force and affect Immedi- ( ately after its passage and approval, the required p,ylio hearings j having heretofore been held by the Planning and Zoning Commission ' t and the City Council or the City of Denton, Texas, after giving due f notice thereof. PASSED and APPROVED This the 20th day of March, As D. 1979, MAYOR ATTSTt CITY OF DEN'TON, TEXAS 4 MOONS , 1 SECREMY ( CITY OF DENTON, TEXAS' APPROVED AS TO LEGAL PORM= , PXUE 0. 1SHAMj CITY 1 CITY OF DENTON !bi $ TEXAS 2=3378 Ma. Dorothy Williams ie a.. r.. . A. y., a,u.y..n. ...u. bs.... w ~ ++A.I♦ I! NO, AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON TEXAS AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE N0, 69-1, AND AS SAID MAP APPLIES TO LOT 30 BLOCK 330, AS SHOWN THIS DATE ON THE OFFICIAL TAX r MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON$ TEXAS, HEREBY ORDAINS: ! SECTION I, That the Zoning Map of the City 01' Denton, Texas, adopted the ! 14th day of January, 1969, as an Apponlix to the Code of Ordinances ! of the City of Denton, Texas, under ;._ovirions of Ordinance No. 69-1, f! i be, and the same is hereby amended as follows: r All the hereinafter described property is hereby removed from the Multi-Family "MF-1" District as shown on said 3 Zoning Map, and all provisions of Ordinance No. 69-1, adopted the 14th day of January, 1969, as amended, shall hereafter apply to said property as Single-Family "SF-7" District in the same manner as other property located in the Single-Family "SF-7" District; 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 3, Block 330 and being Located at 915 West Oak Street in the City of Denton, Texas, SECTION II, ' 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 f Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildinge, protecting human lives, and encouraging the most appro- j priate used of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION III. That this ordinane.e shall be in full force and effect immedi- ately after its passage and approval the required public hear1r.gs having heretofore been hold by the Panning and Zoning Commission + and the City Counc..l of the City of Denton, Texas, after giving due notice thereof, PASSED and APPROVED This the 20th day of Merth, A. Do 1979. I i 101, "'LL MAYOR ATTESTS CITY OF OFNTON, TEXAS I' t .1 BROOKS HOLT, CITY CITY 010 DENTON, TEXAS BECWETX" r APPROVED AS To LUJAL FORMI j ~ M-77- MSM CITY AT CITY OF DENTOd, TEXAS i AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON TEXAS, HELD IN THE MUNICIPAL SUILDINO OF SAID CITY ON THE 20TH DAY OF MARCH, A. D. 1979. R E S Q L U T 12 N BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: That Williar, K, Cole, appointed Assistant City Manager on the 26th day of December, 19779 by the City Manager, which appoint- ment is in all respects approved by the Council, is empowered to act for, and perform the duties of, the City Manager in his absence, is hereby expressly authorised to sign all cheeke, vouchers, or warrants for the withdrawal of money from the City Depository, when required during the absence of the City Manager, to be countersigned by the Director of Finance. That the said William K. Cole shall file a signature card 1 with the City Depository, along with a copy of this resolution, and shall provide a surety bond with such surety and in such amount as 1 is required of the City Manager, That this resolution shall be effective upon its passage and f approval, and remalu in full force-and effect as long as William K. Cole to Assistant City Manager, unless sooner revoked by act of the Council or of the City Manager. PASSED AND APPROVED this the 20th day of March, A, D, 1979, i CITY OF DENTON, TEXAS r , i r1 ATTESTS MOO11 1111 CITY OF DEN10SECRETARY I N, TEXAS A , APPROVED AS TO LEOAL PORMi PAUL, Q. 7?T(fhlRCITY x3`l1tAH7 CITY OP DENT04, TEXAS CITY OF JENTON l MEMORANDUM Ante of Meeting: MIrCh 20, 1979 Consider Approval of Resolution for the city and Santa Fe R1lwaY Co. rolatin Mayor to Execute a license between the 2529.9 feet at Minchino Denton,CoUnt 9 to a Yr TexasP(U.SY 7l1crosaing at MP 101 } SUMMARY' A standard railroad crossin Power line along ad 377 son oat to allow construction of V,S in the city's certified electric servicenareae fora a 13.2kv service request FISCAL SLwjhRYt $150 license and permit fee ACTION REQUIRED: Approval Of attached resolution and execution of the license agreement, ALTERNATIVES, None l STAFF RECOMMENDATION, f f i Approval of the attached resolution agreement and execution of the license EXllI9I TS I i 1 Resolution I License Agreement 3 i E, NEISON,P.E. f REN/b Director of Utilities I Eno. f r i 1 i 1 71115 UCENW, made ao of thc__l ffi -day Of_r. FtWary-- , 1912-0 between Tim ATC1115014 Tor1:KA AND SANTA FZ ._RAILIVAY COMPANY. a n~tivn~g- -...corpor4tlon (hereinafter called "Santa Fo") and CITY Or I)Ftrrrl'.1, TFUS9mupic.irni corAtion, netivir herein by its Mayor, herounto duly Authorixrd (berelnatter whether one party or more called "Licensee"), I Witnessetb, that the parties hereto for the considerations hereinafter expressed covenant and r,gree as f ollows 1. In consideration of the sum of___.L`nc,1lundred Fifty end lio/100ths __.polIara (a 150,00 _ in hand paid by Licensee to Santa re, the receipt whereof is hereby acknowledged, and of the covenants and agreements of Licensee hereina(ter tot forth, and of the faithful ikrforronnce by Licensee of the sarue, Santa Fe licutses and permits Licensee to construct, maintain And use an electric supply line containing it marimunt conductors across or along the premises of Santa Fe at. or near the gtation of-.?alrmhin, Uc-aton call rtvs the Had arid #suite of saki conductors, the Phase, frequency and voltage of the electric circuit carried thereon and the location of said electric supply line being ntoro particularly shown upon the print hereto attached, No...__: `c-271d_ dated.._-_. Februnry 15, 1979 _ .-marked "Exhibit A", and made n part hereof. For convenlenco, the said electric euppIF line, tt-ith all conductors and their supporting or containing structures In to far As they relate to said electric supply line upon said premises, Is hereinaiter called the "Electric Supply Line." 2. Licensee shnil, at Licensee's own coot, construct and at all times maintain the Electric Supply Line In strict necordanco a-ifh tho SpeciAcntions, for the timo cun,ent, for LtectxS. Supply Liana across or along Rallway Property, ndoptrxl by the Electrical Section of the Arsoci:tion of AmericAn Railroads, or any successor agency except where by statute or order of competent public authority A different typo of con. struction or n dRerent degree of maintenance Is required or permitted, in which ease such construction or malnteannce shall ho in strict accordance with Ouch statute or order t rovided however, all mnterials and worl•manship employed In the construction and maintenance of the Illectrie ~Upply Lino shall be oub- jact to the approval o Santa Fe. 8, Llcensce shall, at Licensee's own cost, mmove all eombartible material from around wooden poles and Hill at all times keep the space around such poles free of such roaterlal, slid If removal of such con). bua(iblo material shAll not be attended to tiithin fifteen (16} days after having) born requested hy (Tanta Fo so to do, SnntA Fe shall have the right itself to perform the work and Licensee hereby agrees to reim• burst Santa Fe for the expense so Incurred. 4. During construction ArA while repAlrinr, ror iag or changing the Electric Supply Line, Clemson ,shall exorcise utmost had extraordinary dill tenc6 to the end that no damn R ) shall occur to the property of Smilrl Fe, and tint there shall bo sio Interference with the operation of Its railroad, Upon completion of the Electric Supply Line or After tiro makinr of Any changes, repairs or renownlo, Menace shall, at Ucilloco's own cost, restore sold premisos to their former strea- and Llcensce shalt within fifteen (16) days after receipt of bill therefor, pay to Santa Fo the entire ros[ incurred In employing tratchnien or such other means of protection As In the Judgment of Santa k'o may be required during tho construction, main. tenonce, repair, renewal or changhig of tbo Electric Supply Line. 6. It r.t any timt during the Icrm bcreof Snnth Fo :hall dcolro to make any use of Its proporty Frith which the Llectric Supply Llnu r,111 in Any way interfero, inciviling the Metal Ion of oxiating or the ton- fdructlon of hull lines of poles, wires, conduits And other facilMos In which It AhA11 have to interest, Lt. eeneee shall, at Licensee's own cost, within thirty j80) days afar receiving written notice from SAntA ve to such effect, mnhe such changes in the Electric Supply Line n: in the judVient of Santa Fe may 14 neeewary to avoid interference with the proposed use of Its proplxty. EXHIBIT I iY . .1 1 C 1 1 t 1' p~N ttNOT11 ON it/•w Hd _wlr+fiS . i•.tjl~:h~lr f. fisv, I 1 6. Santa Fe shall have the right at its election itself to couatruct the Electric Supply Line, and At any tlmo to make such repalre, renewals or changes therein As it may deem neccssa*v or rlcsirablo, and in the event Santa Fe shall deeido to exercise such t ht, Licenseo shall advance to Santa Fe the coat as call- + mated by Santa Fie, of Bitch construction, repntr, renewal or chani;e. If the actual co•,t incurred ~y Santa Fe In perforeaing ruch work shall prove more or loss than the n mount ao advanced, the dirUmnee shall be . promptly paid by Licunsee or refunded by Santa Fe, as the case may be. Santa Fe may, at Its election, ad- vanco the necemar,v moneys to cover such cost anJ, in that case, Licensee Agrees promptly ~,pon demand to pay to Santa Fe all sums so advanced, with interest. 7, Llcenac(a shall at all times indemnify And save harmless Santa Fa and other companies operating over its tracks ngatust, and shall pay in full, all loss, damigo or expense that they or any of them, may r sustain, incur or become liable for, resulting In any manner from the conatruetlon, maintenance, tile, state of repair, or i,resenra'of tlio Electric fiup;)IV lane upon said premises, Including any Pitch loer, data. age or expens-., nris ng out of (a) loss of or J,rnu,Sa to property, (b) injury to or death of persons, (c) me- chnnlcs' or other liens of any character, or (d) taxes or Assessments of any kind, 8. Since this llcensp is made in part for this benefit of other companies operating over Santa Fe's I tracks, any of said companie8 may sue to eriforco the proyislous hereof, eitber Jointl or severally, as their interests way ba Joint or several, None of Paid cornpanica nor tho San4a ro aball be liable for any damage, howsuaver caused, to th6 Electric Supply Line, whether due to negligence mr otherwise 9. If Lfcenseo shall at Any time fail or refuse to comply wfth or carry out any of the covenants here. In contained, and such failu,a or refusai shall continue for n nwrlod of thirty (90) do}a after written de- mind for Bitch performance or cumplfance shall have been made upon Licensee by Santa Te, Santa F's, may, at its election, without notice, forthwith revoke this license, and in cnsa of much election, or upon any teraninntion hereof, Licenaco shall, upon request, forthwith remove the Electric Supply Line and restore Anid promisestn the condition in which they avers, prior to the construction of the Electric Supply Line. In cAse Licemee shall fail to mp1, ~,ich rernovnl or restr:•ntlon within thirty (SO) days Santa to may proceed with such work, and Licenito shall promptly repay to Santa Fe the cost therool. No waiver by Santa Fe of any default or defaults, or the rli;ht to terminate this lianas, shall bu deemed or held toe e ` waiver of the right to terminate the game for an sahse vent default or defaults, but notwithstandln any 9 S , si I t~h a~nlver Santa Fe may.terminato this Iicease upon any suhre4vent default or defaults which may oc- cur; nor shall any termination hereof release Licensee from any liability or obligation hereundar, wheth• er of Indemnity or othereise, resulting from any actr, omissions or events happening prfor to the date of terminatloit or such later date when the Electric Supply Linn maybe removed and safd premisea restored as hercinnbove provided. 10. Licensee shrill at all times, U Llccneee'e own cost, maintain the most effective mystam and use the beat knmtvn and most effective m athods to protect the lines, wires, and service of Santa Fe and of any licensee of Santa Fe whose permission to use said premises antedates the license and poreaslon herein to Licenaee,from interference and physical hazard, and If necessary In order to prevent such Interference or hazard, Licenste shall, at Licensee's own cost transpose Licensee's circuits or mete much changes in the construction or location of the Electric Supply Una as, they be specified by Santa Fe. 11. In case of the ev[ctlon of Licensee by any one o,i lh or claiming title to or any Interest In said premises, or any part thereof, Santa Fe shall not be liable to Licensee for any damage of any naturo whaE~ soover, or to refund any moneys paid hereunder, 12, Any notice to be given by Santa Fe to Licensoe hereunder shall be deemed to be properly served if the same bo delivered to IJcensee or if deposited in the Post Office, postpaid, addressed to Licensee at n Toxna 76201 East ?icKinney Streit ..Rento i 111. In the event Licenses herein consists of hro or morn parties, all the Sovenants and sirrepwent{ of Licensee herein contained shall constitute the joint and seweal covenants and agreements of such pa ea, _ .........................._.....rtton(he' notice Id. This license may be terminated by either ppartyy hen ti, upon one (1) In writing to be served upon the other party, stating 1ltereln the day of the month that such terminAU tr911 take place - and upon the expiration of the time spociflei ;n such notice this license, and all right,t and prlvileKes of 1,lcensee therounrler shall absolutely coaso. This license phall terminate In any event int- j modiately upon the death of the Lleensos, if the sole Lfcenseo Is an Individual 1 15. This license shall bo bindlag ulx+n and Inure to the benefit of the partlea and thetr respective leol 1 representativea, successors and assigns - prodded, however, no assignment horoof by Ideensee, Licensee's Ik leggal representatives, successors or w1gns, nor any subs,,quent asalgnea, shall be binding upon Santee Fe %4 shout the written consent of Santa Fe in each Instepce, and at tba option of Santa Fe this licanae Aboll be forfeited by any such voluntary assignment or by any assignment thereof by operation of law. f . • • • I.•.. - •-,..w. V J . J YV, JMM YY Y• Y.Y YY/ YJY /•a. 948% above IrTl tta6 THE ATCNTSON, Tt1PFXA MD Shfflk -FE -RAILWAY COMPANY A►►Ilovra: By 4s~ta_. AatoDracrlpti°°= Its A"Istent to Central Manager ' _ Cblef Engtaeer r n MtoSpedfi atlona: CITY OF DENTON, TEXAS. 8nperlnte ink of CZMMUalGtlena Its Mayor Mtmm l TVa A. T. 6 S. F. Norm Daacripti°u Apl ' Fat Uum a • cY 2AM:9 1 EXHISIT "A" TO CONTRACT BETWEEN THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY IdOR-V64m DIVISION DALLAS DISTNICT AND CITY Or- DEN'TON, Tr=Xh.S ' COVERING A POWER LTNE CROSSIN4 Al MINCHIU , OCh1TON C60NTV, if,-xAS SCALE 1 100' A.0,1A.•ENGINEERING•AMARILL8. TEXAS No. X-t'J!4 DATEmFtbruary 18,1919 00 6\ 4.1 V .0 sos"G lT.~ O a Y T7,{I 1! ~Q~ hi ~avlet.e j ~~.r a TTp el Fence R Ce.Pre - X94 iB11S 16 fSS. ,~q .e~ yy ,u-1N j I ~ gfl~lln fTrR.~ ~ n NO It, 9) NO-2 L F. •3/~i ; eell14 15t- N 3E391. ~2, i • ~ { I i:y C i ienee ,Ty. c. 00, It l~•. _ ~ a N0.4~t 4, ~4 p1~Y~~G•' V45 Mjs uTA• o5555 t f +15 8, 14e1163 r , s r Maprf t , f ' in d •1 j ~f,*,i a ~ • 1, ~ 4~•,s~ + , ' I~•°Y. A F zlq- LENOTIF ON R/W 17.t NO.WWEll r 4AAC X' i POLES ON R/W size WOES 1 OUYs ON R/W VOLTAEE CLEARANCE ADovt TOP Or MIL 31' PHASE ,S%pR CLEARANCE ' AOOW NY. CO. ODMNILVICATION LME CYCLE L+Z Ellsr.*ml r6Sa Liar. 6an,!3 by (4;4-0.0 Ta4•,r'Anns I Coolim q A/ foe lod' A,l<al, f EMISIT It RCS0LUTION • -'-000-- . BE IT KNOWN that on this the day of ► 19 , at r regular meeting of the governing body of the City of Denton , Texas + there come on to be considered the matter of the axe- cutlers of a license between the said City of Ucnton .-6 ' Texas , and The Atchison, Topeka and.Santn Fe Railway Company, relating to polder line crosalnG "r 101 + 2528.3 feet at ISinchin, Uentan . County, Tcras f i . at or neat said City of Denton, Texas - . whereupon the following proceedings were hads I It vas moved, seconded and unanimously voted that Mayor, ba authorized and cmpovorod to execute on bahaIt of the City of Denton , Texas , each licenoel copy of which i0 hereto attached, and the same be recorded,in the Minutes of the i City Commission at the foot of this resolution. 1 STATF:OP TF'iA_ i COUNTY OF D1NrO'.i 3 I, , City Secretary, do here?,; certify that the above and fo:egoing'Is a true and correct copy of a resolution passed by the City Commission of said City in regular session on , t Minutes of 19 , as the enme appears of reseed in book , FaBe ► said City Commission. IN TESTIMONY WIIEREOP, witness my hand and the Seal of Said City ttiie day of City Secretary (SEAL) ' AT A REGULAR MEETING OF TILE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, IIELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 20TH DAY OF MARCH, A. D. 1979. Y'1 R E S O L U T I O N WHEREAS, the City of Denton, Texas is desirous of executing a license agreement with The Atchison, Topeka and Santa Fe Rail- way Company relating to a power line crossing the railroad tracks at MP 101 + 2528.3 feet at Minchin, Denton County, Texas; NOWO THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: i That the Mayor of the City of Denton, Texas, is hereby auth- orized to sign on behalf of the City of Denton a license agreement with The Atchison, Topeka and Santa Fe Railway Company for a power r line crossing MP 101 + 2528,3 feet at Minchin, Denton County, Texas. Said license agreement is attached hereto and made a part hereof, PASSED AND APPROVED this the 20th day of March, A. D. 1079. I JOE MITCHELL, MAYOR CITY OF DENTON, TEXAS j I ATTEST: i BR00 S HOLY, CITY S CRETAF. CITY OF DENTON, TEXAS APPROVED AS TO LWAL FORM: UL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS i i r , CITY OF DINTON MEMORANDUM DATE OF MEETING: March 20 1979 CITY COUNCIL AGENDA ITEM: Z-1366. Consider final action on the petition of Safety Kleen Corporation seeking annexation and Planned Development (PD) zoning classification on approximately four acres located east of Cooper Creek Road and south of the existing Safety Kleen facility. SUMMARY: The petition of Safety Kleen Corporation for annexation and Planned Development (PD) zoning classification on An adjacent four acre tract comes before•tbe•City Council for final action at this time. This petition has completed the public hearing process before the Planning Commission and the City Council and all state requirements regarding an- nexation have been met. ALTERRATIVESS A) Approve the request by passing the annexation and coning ordinance prepared by City Attorney B) Deny the request by rejecting the annexation and zoning f ordinance prepared by the City Attorney l C): Table consideration of the request pending further in h formation k RECOMMENDATIONS The Planning and Zoning Commission unanimously recommended approval of this request at its meeting December 20, 1978. The Planning Department staff also recommends approval of this petition. ACTION REQUIREDs If the City Council chooses to complete action on this petition, the Council should adopt the zoning and annexation ordinance pre- pared by the City Attorney. XXHIBITSs A) Memo B) Planning Commission recommendation C) Location Map (ST NATUAE OF-PERSON KkKING REUQEST) jri}gyp t, 1 Planning and Zoning Commission Recommendation to the City Council Z-1366 Barth 20, 1979 Identity: Z-1366 This is annexa- tion andtPlanned tDevelopment t(PD)ezoning p classification requesting on gapproximately . four acres'. Location: This tract is located on the east side of Cooper Creek Road, south of the existing Safety Kleen facility. i Recommendation: i The Planning and Zoning Commission recommends approval of this petitiod. This proposal seeks annexation and an expansion of Planned Development (PD) zoning in connection with the Safety Kleen recycling plant located E north of the tract in this request. The proposed'planned development' would permit light industrial uses similar to those which occur at the existing facility. The Comprehensive Plan indicates this general area is appropriate for development as .light industrial uses. In regard to the availability of public facilities, municipal utilities are avail- able for extension to serve this site. Existing streets--Cooper Creek Road and Mary Lee Drive--are adequate for current access; however, some additional dedication and paving will be necessary for an exten- sion to Mary Lee Drive, to accomodate development of this entire tract. This appears to be an appropriate land use request and, therefore, the Planning and Zoning Commission recommends approval of annexation and planned development zoning classification with the following conditions: 1) Plat approval shall constitute site plan approval as development occurs on the tract 2) Curb cuts serving this tract shall be limited and none shall be permitted on Cooper Creek Road 3) Provisions for the transfer of commercial solvents', chlorinated svbstances,and hydrocarbon substances under Mary Lee Street shall be approved by the City Council 4) 70' x 290' shall be dedicated for the purpose of continuing Mary Lee Street to the eastern edge of Safety Kleen's property on the north side of Mary Lee Street. 6) Developer shall be responsible for 17' of pavement and one side of curb and gutter when development of the eastern portion of this tract occurs. a The Planning and Community Development Department recommended approval of this request, Of notices sent to property owners for the Planning n Commission hearing, one was returned in favor and none in opposition. No opposition was expressed at the Planning Commission hearing. The Planning and Zoning Commission unanimously recommended the City Council approve Zoning petition Z-1366. , i • i , r t it I y ~ P e ~,w'• q t ~rJ~ " 1 e f x t d F yl~ , ~ t~~ ~ .J ~ t' ~"T~. `f'~y : /"i. J. 1. r Ak 5S of rat r 7 :.~i' l f. f ' / " + 4 Y S~ Y~ " / h~~l.} Jl~~ ~1 d y~ ^d: I Y. =.~'Cr t'.~.b ,:r 1•i~y~+} R.~~i"+ i f7 ~F~~~~~y- ~ ~ tr'f!~ ~~'4x~^F•"w'~yyyJ ".I t/F ,y ~v ' ~i r.. ,,j ♦ i^y11 i?+ r 'i t •w+ r e i L r• rfj,t~r il,~ M► ~'v ~M^'faa.7v~ilfil~a...v, Afl ~ FNiI ~ ~ C' . t'1'1.+ 7;yJ'/ ✓ v I+x ..r ,1~!• T i. ar"r 'IFS' .'i'>A < q+~L 4. ! e 5 h 3 ' "y. 4-i ~ ~ ~ ..~Y'/ ~I ~rf ~ ~ r,'"a tryai .i`r k1, - I', r ~ ~ tl .:y.+ + +b i~ + r ~'f~ 8 {K~ I~f ~I S~ a e • x} y y ~Y M N f I r I' ~ + IT'~bi~a r.1M rt~i a}7"~tiy, a 4 I LLL~~illl~~~ F °,r• iz F 4~ r t Y- r l ~ J' ~ " i ` n•Z/ 1. I ,r Y ~ i Ail a / ~y 41 5 ,F n i _ { y i. 1'o A' 1 o r. ~V I d ~ ~ Se I jr ti " fir. 4 , j~3y~ ` f {•'T t y~ '/.i ~ +y~Y~~ p''~/~. Jt ~Er~~~f} 1. / + ' I J44f1 ii y,; M'.V#~ ~ 1•.1~~'Jt~ ,i f ~ J ^r 1 " ~~~YY11 ji'_~~' • ~ 7J. " t~ t 'j{ f w + r t ' rrt ~ 1+ !q ~ I +f ii` ix ~ f~4 nd. ~1. { `t;^c}ti:~`Js."~fll rfl.~ .✓~....q t t f yy t f ( * Mpl~, .,IG lv"i~ N I v -i.. \ ` ~ ' F F • ,9~[. +F 1 tz Ps I. d Y "tjk ~y 4' ,t'~ J i ' 1 ~ ` * ~ , T a . f ~ r.l+.. 1 ,,7p~~I~•Q. ♦ ~~F~. ',yi~Y yt ~ ~ ! ~t. ~c4~ " '~1n~~ f ' fi ~ `lam ~ ~ ~ ~i gp L ~ , ; i ~y4f('w• ~ y'y~{a~3e'^"" ka. tl~ x~ i ° Fff~ FY+" Y S`~v 4 lid ~g - y Y~Jtj & ~Ik wa NO. ' AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND AD,7ACENT TO THE CITY OF DENTONj TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSIS:?NG OF APPROXIMATELY 4,47 ACRES OF LAND LYINq AND ' BEING SITUATED IN ThE COUNTY OF DENTON, STATE OF TEXAS AND BEING IN THE M. FCRREST SURVEY, ABSTRACT NO. 417, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS PLANNED DEVELOPMENT "PD" DISTRICT PROPERTYi AND DECLARING AN EFFECTIVE DATE. WHEREAS, the request for annexation was introduced at a re guler meeting of the city council of the City of Denton, Texas, on the petition of SAFETY KLELN CORPORATIffil and WHERIA S, an opportunity was Affor6ed, at a public hearing hold for that purpose on January 16, 1979, for all interested per- sons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, this ordinance has been published in full at least ~I one time in the official newspaper of the City of Denton, Texas, J { 1 j prior to its effective date, and after the public hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTONj TEXAS, HEREBY ORDAINSt SECTION I. { That.the hereinafter described tract of land be, and the same is hereby annexed to the City of Denton, Texas, and the same is made hereby a part of said City and the la,:d and the present and J future inhabitants thereof shall be entitled to all the rights f I i and privileges of other citisens of said City and shall be bound I{ j by the acts and ordinances of said City now in effect or which may j ! hereafter be enacted and the property situated therein shall be subject to and shall bear its prorata part of the taxes levied by the City. The tract of land Lereby annexed is described as follows, I to-wits All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas and being part of the M. Forrest Survey, Abstract No. 417; anJ being part of two tracts of land, hereinafter referred to as Tract One and Tract Two, Tract Ono being conveyed to James C, Payne by deed dated September 9, 1963 and recorded in Volume 499, Page 391 of the Deed Records of Denton County$ Texas, and Tract Two being con- veyed to Margaret Ann McMillan and J. H. Neblott by deed dated December 29, 1969 and recorded in Volume 597, Pago 200 of the Deed Records of Denton County, Texas, and more particularly dos- j cribed as followas i . i , BEGINNING at he northwest corner of said Tract One same being the southwest corner of said Tract Two said poirt of beginninq lying in the cast right of way line of County Road, THENCE south 89' 26' 40" east along north boundary line of said Tract One, same being the aouth boundary line of said Tract Two a distance of 245.0 feet io a point for a corner; THENCE north i° 32' east a distance of 70.0 feet to a point for a corner; THENCE south 89' 261 40' east a distance of 294.48 feet to a point for a corner; THENCE south 14 32' west a distance of 70 feet to a point for a corner in the north boundary line of said Tract One sane being the south boundary line of said Tract Two. THENCEsouth 890 26' 40" east along north boundary line of said Tract one same being the south boundary line of said Tract Two a distance of 275,12 feet to a point for a corner same being the northwest corner of said Tract One; THENCE south 1' 321 west along the west boundary line of said Tract One a distance of 213,9 feet to a point for a corner same being the southeast corner of said Tract One; THENCE north 891 26' 40" west along the south boundary line of said Tract One a distance of 814.6 feet to a point for a corner in the east right of'way line of a public road, same 1eing the south- west corner of said Tract One; THENCE north 16 32' east along the west boundary line of said tract same being the east right of way line of said public road a dis- tance of 213,9 feet to the place of beginning and containing 4.47 acres of land, more or less. SECTION II, The above described property is hereby classifiel as Planned Development "PD' District and shall so appear on the official zon- ing map of the City of Denton, which map is hereby amended accord- ingly and shall comply with the following conditions: 1, Plat approval shall constitute site plan approval as development occurs on the tract; '2. Curb cuts'serving this tract shall 'be limited and none shall be permitted on Cooper Creek Road; 3.' Provisions for the transfer of commefcial solvents, chlorinated substances and hydrocarbon substances under Mary Lee Street shall be approved by the City Council; 4, 10' x 290' shall be dedicated for the purpose o! continuing Mary Lea Street to the eastern edge of Safety Kleen's property on the north side of Mary Loo Street; and S. Developer shall be resonsible for 171 of pavement and one side of curb and gutter whe':,'development of the eastern portion of this tract occurs, N SECTION III. This ordinance shall be effective immediately upon its passage* PASSED AND APPROVED this the 20thday of Vnrch A. D. 1474. JOE MITCHELL, NAY CITY OF DENTON, TEXAS ATTESTS R00 S HOL , ITY SECRETT Y CITY OF DENrONO TEXAS ,j APPROVED AS TO LEGAL FORMS P L E. IS HAM, CI 'Y ATTORNEY CITY OF DENTONs TEXAS i 1 1 i E I i AWN CITY OF DENTON MEMORANDUM DATE OF MEETINGt March 20, 1979 CITY COUNCIL AGENDA ITEM (USE EXACT WORDING AS ITEM IS TO BE PLACED ON AGENDA)$ Consider authorizing the'advertisement for bids for construction of drainage improvements on FM 1515 near the Peterbilt Plant. SUMMARYe The Ciiy has committed to rebuild a-drainage etructure:.on. FM 1515. The Staff would recommend making the crossing in pipe'. The only 'available-source of funds at this time, that Lhe Staff is aware of, is Capital Improvement.Bond Funds,.* " • FISCAL SUMMARY,: The staff estimates cast df.the pipe and the detour to be approximately $35,000, dollars. E ACTION REWIRED$ The Council could authorize the Staff to, complete plans and advertise-for bids. ALTERNATIVES, The Council would elect not to build the structure or to recommend finding the funds from another source. ~J STAPP RECOMMENDATIONt The Staff, recommends meeting our obligation and advertise for bids to complete the construction. EXNIBITSi I - Memo to Chris Hartung 11 - Attached Plan (SIGNATURE. OF PERSON MAKING MQUEST) ~I T 1 • E ~ CITY of DENTON? TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 382.9601 - 1+ MEMORANDUM TO: Chris Hartung, FROM: Rick Svehla DATE: March 14, 1979 RE: Drainage structure in conjunction with the Peterbilt Plant I Attached is an'excerpt of a letter that Jack Owen wrote to the Peter- ! ; bilt Company concerning problems and questions that they had. On page { four, question eight Peterbilt asked the City to rebuild a drainage structure across FM 1515. As you can see by Jack's answer, tt. City was move or less committed to build this structure. I talked with Jack before he left and he said at the time the letter was writr~, he had felt that drainage funds from the Capital Improvement Prceram would be used. We estimate that the cost of this construction will be about $35,000. dollars. E i We have had discussions with Peterbilt concerning the method in which they will convey the water to this point. They have indicated that it will be pi ed to this location. The Staff will recommend that pipes that Peterbilt install on their property be extended across the Farm f { to Market road. We have had preliminary discussions with the Highway 1 € 1 Department and they have indicated general approval for this method ` of crossinS. We will reed approval of the Council to advertise for bids and expend bond money for this pproject. If your office or the Council has any questions, please I. s I s DEPARTMENT Of COMMUNITY DEVELOPMENT i j au a rn Mr, Joseph It. Dunn Page four November 11, 1977 7. Q. 1'hc city Iws examined any applicable ordinances affecting in- dustrial solid waste disposal and confirms that there is no problem with disfxisal of the industrial solid waste contemplated for the plant under ordinances which the City administers. A. The solid wastes indi ated in the attachment to your letter pre- sent no problem, provided that the sludge from paint booth, scrubbers, offloent from scrubbers, and effluent water from bonderizing pro- toss is not mixed with the wastes stored in compactor or dump con- tainers. It is assumed that these wastes will.be those mentioned as "chemical waste". Tho City of Denton imposes no more stringent regulations than those imposed by the Texas Department of Health s ! Resources. A copy'of Municipal Solid WAstc Management Regulations, April 1977, is enclosed for your information. The city operates a Type I sanitary landfill and is not approved to accept.Class 1 industrial wastes as defined in Subsection A-9.13. The City of Denton has available ;)oth stationary compactors and dump containers. We shall be most pleased to -work with you on your disposal needs. B., Q. The City agrees to accept all storm water drainage from the pro- perty, exiting into the city existing drainage ditch at the easterly or southeasterly portions of the property and the southwesterly portion of the property, at no cost to NACCAR, and recognizes that paving of substantial areas bill increase the rate of surface water, runoff. 'The City will upgrade the existing drainage culvert under Airport N.oad at Che southeast corner of the property to a site ado- quate to handle all storm water drainage, and if it proves necessary in the future to enlarge the culvert under Airport Road werter.ly of the southwest corner of the property, the City will similarly im- prove that culvert as required. The City acknowledge that it assumes responsibility for necessary dovnstream surface water drainage dis-' posal and has made adequate provisions therfor in connection with any surface water drainage resulting from this development. Finally, I the City will maintain the serving drainage ditches,in good condi- tion to facilitate prompt drainage. . A. The City of Denton does not presently have funds allocated to upgrade the drainage culverts you mention, We do not, however, anticipate any problem in providing funds to mako the necessary improvements i. prior to the completion of your construction. The city will main- tain and improve an open dirt drainage ditch to handle the water 0ownstrears from Airport Road, provided that the necessary ease- ments are given by the property owner. 9, Q. City confirm that the comprehensive storm drainage plan for the plant vicinity will not require installation of new drainage pipe at this time. If it is litter necessary to install new drainage pipe to implement the comprehensive storm drainage plan for the r arear the City agrees that any additional pipe to be installed arrox+ Nl~ e , ti \ O ~CW i • I E G,21,T9 iG 624.79 8 '.4Cp 7 S~~E. ~•0E6" .33"•W23 1TYPF" ~-IE.621,86 z HOLD ' " 1 O. O~ ' d HoLD- M S 2•'gelrNCO 2'a RENO,' I I • ' J........... V.►14 eop EL 1621 G3 UP EL 625,5G- r BOP £t..626.96 Y z IE 623,93 z ~E 23G7.0' j I U:4.43 C6,21 TYPE"A! - F-11 I CITY OF DENTON MEMORANDUM f DATE OF MEETING: March 2u, iyry CITY COUNCIL AGENDA ITEM (USE EXACT WORDING AS ITEM IS TO BE PLACED ON AGENDA)t Consider awarding bids for oversize paving and a drainage structure on Kings Row. SUMMARYt Bids were received for overwidth and extra depth paving. Jagoe-Public's bid for the City's share for the paving was $6,286.90. Claude Smith's bid for the City's shar-e.for the plying was $6,618.84: Claude Smith's total bid on the drainage structure was $9,600.00 less than Jagoe-Public's with the City's share being $4,090,41, The Staff would recommend taking the higher bid on the paving and the low bid,on the drainage so that all work will be done under one contractor. FISCAL SUMMARYt If the Staff recommendation is followed--paving costs would be $6,618.841 drainage costs would be $4,090.41 for a total of $10,109,25, If wo take tho, low bids for each phase, the low bid for paving would be $6,286.90, and E low bid for drainage would be $4,090.41 for a total of $10,377.31. i ACTION REQUIRBDj The Council should award the bids to appropriate bidder. ALTERNATIVES; w If the Council feels that the bids are too high, new bids can'be taken. , STAFF RECOFAIF:NDATIONS: The Staff would recommend awarding both the paving and drainage bids to Claude Smith Excavating, We feel that the $331.94 in the extra cost to the City,'wili be compensated for by making coordination of the construction much better and we feel that Kings Row, which is t, main traffic artery for residents north of town', will be shut doen for the least amount of time. ~XliI9ITS! ' I' - Memo to, Chris Hartung . -n CITYoI DENTON, TEXAS MUNICIPAL BUILOINC, / DENTON, TEXAS 76201 / TELEPHONE (8)71361.9601 I' i M MEMORANDUM r i TO: Chris Hartung, I FROM: Rick Svehla DATE: March 15, 1979._ RE: Overwidth and extra depth paving bids and the overwidth bid on the drainage structure for Kings Row On March 8, bids were opened pubicly for the over'width and extra I depth paving on Kings Row, There were only two bids sdbmitted for the paving and the drainage structure, Claude'Smith Excavating was the low bidder on the extra depth paving, Jagoe-Public was'the low bidder on the extra width paving Combining the two types of paving, Jagoe-Public was the low bidder by $331.44 for the City's share. (The City's share of paving on Jagoe-Public's bid is $6,286.90; the City's share of the paving on Clause Smith's bid j is $6,618.84.) On the drainage structure, Claude Smith Excavating wss the low bidder by $9,600.00 for the total structure with the City's share being $4,090.41, I If you take the paving and drainage bid separately, Jagoe-Public 1 would have the low bid for the paving; while Claude Smith would have the low bid for the drainage. Normally, the Staff would re- commend awarding of the bids in this manrer, however, since Claude Smith Excavating will be the paving contractor in the Kingston j Trace subdivisions and since he is low bidder on the drainage struc-1 tore, the Staff would recommend that Claude Smith be given the paving, also since the difference for the paving is only $331,94. The Staff feels that this cost will be more than made up for by being able to coordinate the efforts of the contractor and it should also result in better workmanship for the total Kingston Trace { subdivision. DEPARTMENT OF COMMUNITY DEVELOPMENT " i I CITY OF DENION t'1 MEMORANDUM I DATE OF MEETING: March 20. 1979 AGENDA ITEM: Bid 1 8651 Grading Improvements for Police Firing Range_ i ' tU MRY I This bid is for grading improvements for the police living Range. The major f : quantities involved. in this bid are approximately 8,90 cubic yards of un clhssified excavation and 25 hours of blading time. FISCAL SUMMARYI This project will be funded from funds approved in the 1978-1979 budget. This particular project was not listed as the use for these funds however, after several fund transfers in the Police Department budget, money will be available in account l i number 01-40-91708, Fixed'aasets-Other. ACTION REQUIREDt i Approval by Council and award of bid. ALTERNATIVES: (A) Reject all bids and rebid, (B) look for other sites, (C) do without a firing range. . e STAFF RECOMMENDATIONt ! We recommend this bid be awarded to the lowest bidder Davis and Manning"ln the total amount of $13,833.00. This' breaks down to 8,900 cubic yards of excavation at $1.47 per yard and 25 hours of blade time at $30.00 pet hour. j EXHIBITS: Tabulation sheet attached. { i 3 SIGNATURE 1 4 JI I { { BID 8651 BID Grading Improvements _ Davis 6 Boyd Claude OPEN 3/13/19 Manning Excavation Smith Coast. Co. ACCOUNT 1 QT ITEM DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR 1A. 8,9QQ Cubic yards of-unglassified excavation 1.47 1. 2 3.2 i i 2. 25 Hours blade time • $30.00 45.00 40.00 Total Bid $13 833.00 $14653.00 29l925.00 f t i THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESF.Nr2Si LEASE AOREEMENT 1 THIS AGREEMENT OF LEASE is made on this the day of 19790 by and between ROBERT E. SAGE d/b/a TWO TWENTY-FIVE BUILDING (hereinafter called %0390r") and the CITY OF DENTON, TEXAS (hereinafter called "Lessee"), NITNESSETH. The Lessor hereby leases to the Lessee the offices numbered SIX (6) and SEVEN (7) in the building known as the Two Twenty-Five Building, located at 225 North Locust in the City of Denton,•0enton County, Texas, said premises to he used for the purposea of office ' mace. The term of this loose shall be month to month$ commencing on s the day of 1919, with either party cancel- ing by written notice to the other party thirty (30) days in advance of the proposed cancellation date. The Lessee shall pay to the Lessor the monthly rental of Two Hundred Twenty-Five Dollara and No/Cents ($225.00), due and payable in full, in advanne, on the first day of each calendar month. Furthermore, the first monthly rental payment shall include ~ payment ~ for the last monthly rental, a total of Four Hundred lrifty Dollars i and No/Cents 1 ! (450.00) to be paid DY Lessee upon commencement of ? this lease. All monthly rental and any notice of cancellation to Liasor shall be payable at cr such other place as the Lessor may designate in writing. , Lessee shall commit no act of waste and shall take good care of the promises and the fixtures and appurtenances therein, and that at the expiration of the lease i , peaceable possession of the said premises shall be given to Lessor in as good condition as at the beginning of this lease, usual wear and tear, damage by fire, and acts 'of God or the elements excepted. I i F Lessor shall, during the entire term of this lease, keep said premises and appurtenances in a condition of thorough repair and good order at his own expense, except where the repair has been made necessary by misuse or neglect by Leptte, Lessor shall have tho right of access at reasonable times for examining and making repairs to said premises. Lessor Shall pay all utility charges for water, electricity, heat, gas and power used in and.about the leased premises. All such charges to be paid by Lessee to the utility company or muni- cipality furnishing the same before the same becomes delinquent. Lessor shall furnish heating, air conditioning and necessary eleotriety for lighting and the operation of usual office machines. Lessor also agrees to furnish, at its expense, reasonable and custo- mary jantiorial services for the office s?ace subject to this lease. ' I . Lessee shall not assign or sublet this lease or any part there- of without first obtaining the written consent of the Lessor. Lessee will not make any alterations, additions or imp.ovements in or to the leased premises without first obtaining the written IM consent of the Lessor, and any alterations, additions, or Improve- mental except movable trade fixtures, shall become the property of Lessor. Consent for alterations, additions or improvements shall not be unreasonably withheld by Lessor. Howe Very and more speoi- fically, Lessee shall have the right to erect or Install shelving and the right to remove, ai termination of this lease, such shelv- ing so erected or installed. Lessee agrees to repair any damage caused by such removal. Lessee shall have the right :o erect reasonable signs on any portion of the leased premises including but not limited too the f exterior walls of the building. Lessee shall remove all such I 1 signs at the termination of this lease, and shall repair any dam- age and close Any holes caused by such removal. ! I Time is of the essence of this lease with respect to the per- II I formante by the Lessee of its obligations hereunder. 1 E I ME TWO • I i 'I . i I J~ 1 Lessee agrees that it will provide insurance coverage for any items, materials or equipment stored or in use on the premises. Lessee shall have the right to terminate this.lease upon five t' (5) days written notice to Lessor in the event an execution be issued against Lcaaor r., +ra+we~:~,e~.+~AOaF~ii1~'M.llfldi lnl0.~t:f+'~1~IC~I~rf L17M1~Mtf~keRn;/itvMPllyaMll r'Nk~~ri~irrMY i~iC~yl~f` creditors or be adjudged bankrupt, Lessee agrees that upon the non-pa,tment of the whole or any portion of the rent herein, at the tike when the same becomes due or 'upon the non-performance by Lessee of any of'.the covenants hereing the Lessor may, at his election, re-enter and take possession of said premises; and Lessee hereby waives any notice of such election, notice to quit possession of said premises or any demand for payment of rent, or for the performance of any of the covenants herein. Pro- vided, however, that the failure and omission of Lessor to declare this lease forfeited upon the default of Lessee of one or,more of the terms and conditions herein shall not operate to'bar, abridge, or F ! destroy the right of Lessor to declare this lease null and void upon any subsequent fault or cause of forfeiture of this lease by the Lessee. In the event that said premises shall be rendered untenantable by fire or other casualty during rata term, Lessor may rebuild said I premises within 30 days, but failing to do so, or if said premises shall be destroyed by fire or other casualty, this lease thereby shall be terminated., and, in the event of such termination of this lease, essee shall be chargeable with rent only to the date of such fire or other.casualty, and if Lessor shall rebuild within 30 \ days, Lessee shall be exousen from payment'of rent'for the period of such rebuilding. The covenants heroin shall extend to and be binding upon the heirs, executors and administrators of :he parties to this lease. SPECIAL CONDITIONs In the event possesslon•of the herein dea- r cribed premises cannot be presented to Leaske by Les6or by the _ day of , 1979, this agreement will be cancelled and terminated and any monies already paid refunded, , vane. THR; :x . , . I ' rrxrterI' 1 IN WI'T'NESS WHEREOF, the parties to this lease agreement have hereunto act their hands and seals, the day and year first above written. rte, ROBERT E. SAGE d/b/a CITY OF DENTON, TEXAS, THE TWO TWENTY-FIVE BUILDING, LESSEE t LESSOR ' 1 sYi ,b,wNae~Ni..:a~TNrtk~r►rrva'ad t~.r+f ►ifwa~tiaiv~+7C4:V1~la~ett:t' ~ BY: WITRESS I N1:SS , . I 11 f l 1 I 3 t I E4 FADS YOUR ' ~ I i ' JJI ' 1 { I • 1 i CITY OF DENTON MEMORANDUM 1 DATE OF MEETING: MARCH '1.0, 1979 CITY COUNCIL AGENDA ITEM (USE EXACT WORDING AS ITEM IS TO BE PLACED ON AGENDA): Consider awarding the contract: to the low bidder for overwidth paving on Stuart.Road and Hercules Lane. SUMMARY: The Citq had to take overwidth' bids on Stuart Road and Hercules Lane. Tiro bids were 'received and are as follows: i Claude Smith $7,742.00 + Jagoe-Public $8,,175.75 FISCAL SUMMARY: The Staff would recommend taking the low bid 'of Claude Smiths- for $7,742.00 as the City'a share. ' ACTION REQUIRED: { The Council should award the bid to Claude Smith. 1 ALTERNATIVES: Rebid the item or take the higher bid. STAFF RECOMMENDATIONS: ' The Staff would recommend taking the bid of Claude Smith. 3 EXnIBITS: I- Memo to G. Chris Hartung 6 i CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 382.96DI f f i MEMORANDUM ~ , TO: G. Chris Hartung FROM: Rick Svehla DATE: March 15, 1979 RE: Bids for Overwidth Paving on Hercules Lane and Stuart Road 1 On Thursday, March 15, bids were opened for the overwidth paving I on Stuart* oad and Hercules Lane. Two bids were submitted, The total bids for the City's share were $7,742.00 by Claude Smith Excavating and $8,175.75 by Jagoe-Public. The Staff has reviewed the bids and would recommend the bid of Claude Smith Excavating i be accepted, ' I I ~ i I { i DEPARTMENT Of COMMUNITY DEVELOPMENT { ~ I i I I CITY OF DENTON MEMORANDUM WTE OF IEETINGI_ March 20, 1979 { AGENDA iTENt Bid #8643 Five passenger Van SUMMARYt This bid is for a new five passenger van. It will be utilized by the Parks ani Recreation Department in conjunction with the new progrpms and facili'tths su;h as the recreation centers, swimming pool, tennis courts and baseball fields. I FL'>CAL SUMMARYI ; This vehicle will be funded from the 1978-1979 fiscal budget. The fuada were approved under Park end Recreation account number 01-63-91-06, Fixed assets- machinery and equipment. ~ ACTION RF.QU1REDt Approve] by City Council and award of Bid. ALTERNATIYESt' Do without the addition to the fleet.' a STAFF 9ECOMMENDATIONt y We recommend the bid be awarded to Chester Morris Chryeler-Plymouth in'the amount of $6,724.25 as the low bidder meeting specifications. Bill litter Ford has offered a lower price however, the bid does not include the rem6vabla'rear atak or full body insulation as requested on the bid, We feel these, iti" are worth the $134.25 difference. The rear seat wilt add verettility to' the vehicle , And the insulation is necessary for comfortable operation of the vehicle. E1D11 BI TS t Tabulation sheet attachtd, slcez~~uRE ~ a I h I BID 1 8643 _ I I BID Passenger Van OPEN W 3179 Banner Leon Bill Utter Cheater Chev. McNutt Ford Morris ACCOUNT t I 0-F T ITEM DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VE R VEND OW 1. Passenger %an $7,229.66 t6.858,91- 96,520,00 86,724.25 Alternate with 6 cylinder engine $6.480.25 Delivery 30 days 69 da s 60 days FOB Denton Denton Denton 'terms Net Net Net i 1 i i j. I I i 4 • ffI i I r I pro CITY OF DENTON MEMORANDUM I DATE OF MEETINGi !larch 20, 1979 AGENDA ITEM1 Bid #8544 Metal Care¢a Doors SUMMARYi This bid is for the replacement of the seven large ovethead doors at the City of Denton, Vehicle Maintenance facility. I FISf.AL SUMMAK i This project has been funded in the 1978-1979 fiscal budget in account number 05-80-91-01, Vehicle Maintenance fixed assetes,plant and equipment. The funds are available at this time, f ACTION REQUIREDt The approval of bid and award to vendor. ALTERNATIVES, Continue to work with doors that are badly worn and undependable and/or continue to pay for repairs and adjustments. fl I ~ ;g STAFF RECOMMENDATIONS 1 We recommend this bid be awarded to Duwayne Lamp and Associates in the amount ? of $8,645,00, shipment in 45 days with 'a'1% 10 days cash discount. This was the f only bid received from the, seven qualified bidders mailed request. We do feel it is a fair and reasonable bid. I EXHIBITS1 S Non U ADA- SIGNATURE - k , I I , riw t 1 I CITY OF DENTON MEMORANDUM I DATE OF MEETINGt March 20, 1919 fff AGENDA ITEMt Bid 18645 Road Bore for Electricfll Conduit SUMMARYt This bid is for the labor and material to install two 6" electrical conduits in an 1811 x k"steol sleeve under state highway Loop 288 near Interstate 35 East intersection. This work is associated with relocation of overhead electrical lines to underground lines on the perimeter of the Golden Triangle MAll. i FISCAL SUMMARY= The funds for this project will come from electrical utility work order number 1083. i ACTION UQUIREDt 1 Approval by City Council and award of bid,, ALTERNATIVESt Continue overhead electrical service to this area. 'STAFF RECOMMENDATIOSSt We recommend this bid be awarded to Municiple Service, Inc., in the amrunt of $10,980.00. Thi4 is the only `bid received iroa► the seven qualified bidders contacted, Munlcipte 5ervicie, Inc. has done work for the City of Denton to the past."We feel this is a fair and reasonable bid for a bore of this size !n this area. EXHIBITSI I None. SIGNATURE 4 I s i I 9 • I J1 ' WPM] 1 city OF DENTON MEMORANAUM . fi 1 DATE OF MEETINOt March 20. 1979 AGENDA ITEM: Bid 250 and 500 KCI~Electrical Connectors SUMMARY 1 This bid is for adapters, elbows apd splices for use on the 250 KCM and 500 KCM wire purchase for the Denton Mill perimeter. FISCAL SUMMARY: The funds for this project will come from electric utility work order number 1083. ACTION REQUIRED., s Approval by City Coudci7. and award of Bid. ALTERNATIVES: Nona. Wire has already been purchased. RECOMMENDATIONS: We recommend this bid btu awarded to the lwest bidder Teiple$ Inc. In the total amount of $7,858.20. EXBIBIT9: Tabulation sheet. Signature j s 1 , y }1 , A I BID f 8641 - . I BID 250 6 50 KCM Connectors I OPEN 3/8/79 Cumming Nelson Priester Temple, ' Supply Electric Supply inc. ACCOUNT 1 W.O, #1084 TY. ITEM E RIPTION END R VENDOR VENDOR VE DOR VEND V£ DOR E D j 1. 30 650 LRHA 40 $71.80 76.57 $74.20 67.85 { $7.10 $11.37 $7.56 SS.75 2. 30 31 MA-h43 3. 48 650"LRHJ 450 t $71.80 $76.57 $74.20 $61.85 I 4. 60 31 MA-HJ $7.70 $11.37 $7.56 $7.25 5. 12 650 12HJ 450-HJ 450 $141.35 $168.80 $72.86 $163.20 - Delivery 14-28 day 45 day 45-60 day 7-28 day Net 30 2% 10 Net 30 Met 30 Terms t F08 Denton Denton Denton Denton { t I I I E I y.iypr..ssr.wrww+M+.++•rwr•swwvwNMa+~MeMRw.+r•++vr.ww.awsr+~rwwrr•`-""•'•'r awe - y: { I I I