HomeMy WebLinkAbout04-03-1979
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AGENDA ,
CITY OF DENTON CITY COUNCIL
APRIL 3s 1979
Regular Meeting of the City of Denton City Council, Tuesday, April 3, 1979 at r
700 p.m, in the Council Chamber of thf Municipal auildingi i~
ll. Consider the minutes of the Regular Meeting of March 20p.1979.
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2, PUBLIC NEARING9r 11111
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Z-1382, this is,tht petition of Mr. Troy Glenr`requesting a change
in toning from Single Family (SF-7) to Commercial.(C) classification
on an .88 acre tract adjacent and north of Glenn's Automotive, located
at 823 East McKinney.
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5 e. . 2-1383. This is the petition of,Mr. James Neblett requesting the
followings
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y(1) a change in toning from Agricultural (A) to Light Industrial (Lt)
classification on 7.9 acres located on the north side of U.B. 380
East, beginning 1700' east of the intersection of 380 and Cooper
''Creek Road.
j (2), annexation and Light Industrial (LI) zoning classification on 2211
acres adjoining the property described in (1) to the north,
3. Consider the request of Ed Stapleton that a new Ordinance be considered
which would extend t!,e hours of operation for establishments serving alcoholic
beverages from 12x00 a.m, to 200 a.m.
Consider the request of Ed Stapleton calling for the repeal of Section 19-63
and Sectiv„ 19-20 of the Codu of Ordina..6ds which restrict the hours of opera- ,
tioA for dance halls and pool halls.
s 5. Consider the request bf Curtis Copeland to repeal ordinances prohibiting the
sale of alcoholic beverages in pool halls s.nd danco, halls.
f i 6. Consider adjustment of the 1978-79 Water/Sewer System Capital Improvement
j Plan to as to incorporate installation of a six inch uator lint aril associab.•s
` fire hydrants on Mission Street:
7. ORDINANCE51
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A. Consider adopting an Ordinance changing the zoning from Multi-Family (W-1)
i to Single Family (SF-7) on Lot 2,1, Block 330 owned by Cengiz Capan,
D, Consider adopting an Ordinance changing the toning ftom Agricultural (A)
s to Single Family (S11-7 and SF-10) on 44.412 acre tract and being Lot 140
Block,,4070 owned by Barry Wachal.
i f Co Consider adopting an Ordinance changing the zoning from Central Retail
(GR) to Commercial (C) on Lot 4-A-11 Block 2765 owned by John Cottrell.
D. 8-1976 - Ma, Joyco Moedowe. Consider adopting an Ordinanco changing;
tho'zoning from Agricultural (A) district to Single Family (SF-7) on
a 2.45 pore portion 'of land located on lot 81 block 1871,
to Consider amending an ordinance prohibiting the consumption) of alcoholic
beveragos at recreational activities in City parker,
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F. Consider an ordinance rerjoving parking on the'south side of Edwards
Street from Avenue D to Avenue E as recommended by the Traffic Safety
Commission.
8. RESOLUTIONSt
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A. Consider a Resolution to declare the City of Denton's intent to enter
into a coopord=V!"'agreement with the Texas Inter-Tribal Housing Agency.
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B. Consider a Resolution requesting the Corps of ~inginners to snake further
studies for providing flood protection on Coopdr Creek. ,
9. Consider an Ordinance allowing for final action on the petition of Ms. Ann
Powell seeking annexation and Light Industrial (LI) toning for a twelve acre
tract located on the north side of Scripture, immediately west of the ATSF
railroad tracks. (2-1370).
10. Consider the deannekation petition regarding two tracts in the M.T. Cole Trust.
~ 'll. Q-26. Consider the request for quitclaim of a 4' portion of a utility ease-
ment located on the north side of the lot at 2508 Borth Locust.
! 12. Coneider a recommendation from the Planning and Zoning Commission concerning
Implementation of a subdividion review process, as well as a,Planning Com-
mission rrcommdndetion regarding revieion,o[ the City's subdivision regulat onr..
j 13. Consider awarding a contract for painting the exterior of olovated water
storage tanks on Riney Road and Peach Street. (Bid 18649).
14. consider a•.rarding a contract for construction of water and sewer improvements
at various City locations. (Bid 18650).
15. Consider payment of participation agreement with Martino Realty Company for I !
oversize sewer line in Golden Triangle industrial Park. 1
16. Consider participating with First Texas Savings in'oversizing setter line
in Kingston Trace, Section TV.
176 Receive the Annual Financial Report.
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18. Consider adjustments of the tax rolls for uneollectible accounts.
19. Consider an update.on pending legislation.
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20. Consider setting the agenda for April 10 study session, {
216 Consider Consent Agendat
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CONSENT AGENDA
Each of these items is recommended by the Staff and'approval thereof will be
strictly on the basis of. the Staff recommendation. .Approval of the Consent Aganda
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authorizes the City Manager or his designee to implement each item in accordance 1
vith the Staff recommendations
A. I*TERRALS t J
(1) C-1386. This is the petition of Henry S. Miller Company request-
ing a change in zoning from Agricultural (A) to General Retail
(GR) classiflcatic,n on 1415 acres located,on the south side of ,
I-35E near the Intersection of Loop 288.
(2) 9-1387. This it the petition of Mr. el11 Noy requesting a change
in zoning from Multi Family (Mr-1) to Office (0) classification
on a .43 acre tract located on the west aide of Carroll Boulevard
botwoen Oak and Pearl Streets.
B. BIDS$
r /8646 Loaso word Processing Equipment
08652 Automatic Load Transfer Equipment
te653 Leese Parking Meters and Service for Streeta at NTSU
22. EXECUTIVE SESSION
A. Board Appointments.
B. Pending Litigation.
623. Considor board Appointmentsa
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117
Cieyy Council
March 200 1919
+ Regular Meeting of the City Council of the City of Denton, Texas,
• Tuesday, March 20, 1979 at 7:00 p.m. in the Coaneil Chamber of the
Municipal Pull dIng,
PRESENT: Mayor Mitchell, Members Nash, Stewart and Hughes"i Assistant
Manager Colc, City Attorney Paul Isham and City Secretary Brooke Molt.
ABSENT: Mayor Pro Tom Coy and City'Manoger Chris Hartung,
1. Motion was made by Hughes, seconded by Nash that the'minutes
% of the Regular Meeting of March 6, 1974 be approved, Motion carried,
2. PUBLIC HEARINGS:
Mr. 0n was hold 2.1379,thepetition of
t to Sink a Family (SF.?) classification at 923 West Oak.
The Mayyor opened tho public hearing) After hearing 2 speak
in favor and none in opposition, the hearing was closed.
Motion was made byy Nash, seconded by Hughes that the petit-
QW ion be approved.' Motion earrleJ.
Q (B) A public haarln was held on 1.13801 the petition of
lit, Barry Machal, requesting a change in idning from Agricultural (A)
to dingle Family (SF-10) classification on 12 acres located adjacent
and east of Greenway Club Estates. The petitioner also requests a
change from Agricultural (A) to Single Family (SF;?) classification on
32.4 awes located adjacent and east of the proposed SP-10 area,
The Mayor opened the public hearing. After hearing 1 speak
1 in favor and none in opposition, the hearing was closed.
j ! Ill Motion was made by Nash, seconded by Stewart that the peti-
tion be approved, Motion carried.
I (C) A public hearing was held on 1.13811 the petition of
Kr. John Cottrell requesting a change in toning %tom General Retail
(CR) to commercial (C) classification on 063 acre .ocated on the north
side of USE, beginning $00' east of the intersection of 1.35 and
Mayhill Road.
The Mayor opened the tearini, No one vu present to speak
for or against the petition, so t0 hearing was el0sed.
Motion was made by, Stewart, seconded by Hughes that the
petition bt approved, motion carried.
3. Jim Loggieri appeared to request he be allowed to house homing
! ! tons at•his home place and to consider amending an ordinance entit•
1A Animals and Fowl, Article 4.8 in the Code of Ordinances. Leggieri
stated that he had contacted all but one of his neighbors and that all,
j were favorable if the hosing pigeons were kept up.
Motion was made by Nash, seconded b Stewart to amend Section
' f 4.8 11eeping of Fowl" in Denton's Code of Ordlhonces but that not more
than 1S homing pigeons be housed, and to direct the City Attorney to
prepare the appropriate amending ordinance. Motion carried.
j 4: The Council considered the request of Walt Broemer and Rod
I Owoompi of the Texas Indian Commission that a Resolution be adopted
authorising publication of the Intent to, enter Into a Cooperation
Agreement with the Texas Inter•TrIb41 Indian Housing Agency of Texas,
I, gr. Broemor reviewed the request and provid7d basic informat•,
ion to the Council Members.
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its watch 20, }979 Continued
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John Lavretfa, City Planner; stated that this proieet would
be beneficial for the rehabilitation of Old structures In tFha City and
that an agreement resolution might have t
1 Motion was made by Nash, seconded by Hughes to publish an
intent to enter into's cooperation Agreement With the Texas Intea•
Tribal Indian Ilousing Agency. Motion carried.
City Attorney Ish+m advised that a resolution would be ready
for officist adoption at the next regular city Council mooing,
S. Mike Porry, a resident of Mission Street, made the Council
aware of the lack of fire protection on Mission Street. He oZvised
that no results of r an pexplosion of his neighbor's hoommaerks were from the
No official action wo"t tsk6n.
i 6. The Council•considered a Resolution opposing legislation that
would merge NTSU and Th'U and their Boards of Regents.
A Resolution, reviewed by Council Member Nash, mentioned only
TWO
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Council Member Hughes said she would' have to abstain from
voting on a Resolution tonight because of lack of information.
The following new Resolution was presentedi
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
HELD IN TY.F MUNICIPAL BUILDINO OF SAID CITY ON THE 20TH DAY OF MARCH,
A.D. 1979.
I E'S O L U T i O N'
HE IT RESOLVED SY THE PITY COUNCIL OF THE CITY OF DENTON, TEXAS3
i That the City Council of the City of Denton oppposes H. B. 1667 and
further oppposes any merger of the two jrest universities in Denton or
of their 6oards•of Regents'.
PASSED AND APPROVED this the' 20th day of,March, A. D. 1979.
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CITY OF DENTON. TEXAS
ATTEST(
CITY OP DENTON, TEXAS
APPROVED AS TO LEGAL'FORXi
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1511M, *CrTV--ATTl5WCV'
CITY OF DENTON, TEXAS a
Motion was made by,Stewart, seconded by Nash that the Res6-
{ lotion be passed. On roll cell vote Nash "aye", Stewart "sye" ind
Mitchell 11 Motion carried with Hughes abstaining.
7. ORDINANGESI
(A) ORDINANCE 019.16
AN ORDINANCE BY TOP CITY OF DENTON TEXAS CIIANGIND AND ESTARLISIIING
+ 711E MAXIMUM PRIMA FACIE SPEED LIN R ON FORT NORTH DRIVE BETWELN'TI}E
PROVIDING ANSEVE WILITY'CAUSE ANDRDUCLARINO ANULrFL-CTIVEDA1EPENALTY{
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I Notch 20, 1979 Continued Ho
Ordinance beMpsssedjasOnoroliycallwvote Nashn11 aye 111 It IlugAeslla~da' the
Stewart "aye" and Mitchell "aye". Notion carried,
(B) ORDINANCE 179-19,(Z-1371--Rollin Sininger)
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON TEXAS AS
SAME WAS ADOPTLO AS AN APPENDIX TO THE CODE OF ORDINANCES bF THE h TY
OP DENTO,N, 1'f)EAS, BY ORDINANCE NO, 69.•1, AND AS SAID MAP APPLIES TO
LOr 1 BLOCK 330 AS SHOWN THIS DATE ON TIIE OFFICIAL TAX MAP OF TIIE
CITY 6P DENTON, {'ERAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND
fECI.ARING AN EFFCCTZVE DATE. t°
Ordinance made by
Nash aye and Mitchell "eye", Motion carried.
r (C) ORDINANCE 179.20 (Z•13711•-Ms. Dorothy Williams)
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON TEXAS, AS
(Y) MIS WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES bF THE 61TY
F DENTON, TEXAS, BY ORDINANCE N0. 69.1 AND AS SAID WP APPLIES TO
CITY36FBDENTON30{'EXASS ANDNMORE1PARTICULARLYEDESCRIBIAL ED THEREIN;OANDHE
W~ DECLARING AN 4FECTIVE DATE,
Q Motion was made by HuRRhas, seconded br Stewart that the
Ordinance be passed. On roll Cal vote Nash "aye Hughes "aye",
1 Stefrirt "aye" and Mitchell "aye". Motion carried,
6. RESOLUTIONS:
authorizing William X. Colelto act fordandetooperform theoduties of
I the City Ilanager In his absence;
AT A REGULAR MEETING OF'THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 20TH DAY OF MARCH
A.D. 1979.
' ,RESOLUTION
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BE IT RESOLVED BY THE COUNCIL OF' THE CITY OF DENTON, TEXAS.,
That William K. Cole, appointed Assistant City Manager on the 26th
dayy of December, 1977, y the City Manager, which appointment 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 authorized to sign all checks vouchers, or warrants tdr the
withdrawal of money from the City Depository, when reqaired daring the.
' I Flnanco,of the City Ionayer, to be countersigned by,tAe Director of
j That the said William X. Cole shall file a signature card with the City.
_Depository along with a copy of this resaolution, and shall provide a
surety band with such surety and in such amount as is required of the
City Manager.;
• That this resolution shall be effective upon fts pp u sage and approval,
j and remain in full toyed and effect as Ion[ As W1lliem K, Cole is
Assistant City Monager, unless sooner revoked by act of the Council
or-of the City Manager.
PASSED AND APPROVED this the 20th day of March, A. D. 3970.'
Js. B.-
JOB HITCULLLMA
• CZTf OF DENTaN, TEXAS
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I ZO March 20, 1979 Continued
AATTESTi
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A65 HOLT, CITY SLCRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
PAUL C. IS TTORNEY
COF DENTON, TEXAS
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Notion was.made by Stewart, seconded bK Nash that the
Resolution be passed. On roll call vote Iloghes 'aye", Nash 'bye",
I Stewart 'bye" and-Mitchell "aye". Motion tarried.
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(B) The Council considered the following Resolution author-
i2ing the Mayor to exlcuto a license between the City and Santa Po
I Railway Lompany relating to a power lino crossing at MP 101 4 2528.3
feet at Minchin In Denton County, Texas (U.S. 377):
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
FIELD IN THE MUNICIPAL BUILDING OF SAID CITY ON.THE 20TIl DAY OF MARCH,
A.D. 1979.
R F S O L lI T l O N
MIICREAS, the Cityoof Denton,Texas Is desirous of executingg a license
agreement with The Atchison, Topeka and Santa Fi Railway Ccm any
relating to a power line crassin the railroad tracks at MP 101 # 2528.3
j feet at Minchin, Denton county" exasl '
j NOM, THEREFORE, BE IT RESOLVED BY THE CITY.COUNCIL OF THE CITY OF
DENTON, TEXAS:
That the Mayor of the City of Benton, Texas, is hereby authorired,to
sign on behalf of the City of Denton a license agreement with the
Atchison, Topeka and Sa"ta,Fe Railway Company for a power line trots-
ing lip 101 • 2528,3 feet at Minthin, Denton County, Texas. Said
t license agreement is attached hereto and nado a part hereof,
II PASSED AND APPROVED this the 20th day of March, A. D. 1979.
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I I CITY OF DENTON, TEXAS
' ATTTESTt
KS "Porr, t '
ok
CITY OF DENTON, MAEC$RETART
APPROVED AS TO LEGAL FORM:
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-C ISM C1Ty-XTT0vff-
I 'I CITY OF DENTOA, TEXAS
Motion was lade by Mitchell, seconded br Nash that the
kesolution be passed. On roll call vote Stewart 'rye", Iiughe. "Aye",
Nash "aye" And Mitchell "aye". Notion carried. .
The Council considered the following Ordinonto silowing for
final action on the petition of Safety Ktoon Corpporation Seeking
annexation and Planned Dovelop•sont (PD) toning clossification on
approximately four acres located cast of Cooper Creek Rood and South i
of the eaisting Safely Xleen facility.
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March 201 1979 Continued 121
ORDINANCE NO. 79.21
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACFNT TO TIIR
CITY OF DENTON TEXAS; BEING ALL THAT 101', TRACT OR PARCEL OF LAND
CONSISTING OF Al'PROXIMATLLY 4.47 ACRES OF LAND LYING AND BEINO SITUAT-
ED IN THE COUNTY OF UENTON, STATE OF TEXAS AND BEING IN TFiF M. FORREST
SURVEY, ABSTRACT NO, 417, DEN'ION COUNTY, TEXASI CLASSIFYING 7NE SAME
AS PLANNLD DLVELOPMCNT "PD" DISIRICT PROPERTYI AND DECLARING AN
EFFECTIVE DATE.
Motion was made by Stewart, seconded by Mitchell that the I
Ordinance be passed. On roll call vote Huthos "eye", Nash "aye", 1
Stewart "aye" and Mitchell "aye". Motion carried.
10. The Council. considered suthorltingg the advertisement for bids
for construction of drainage improvements oi~ FM 1513 near the Peterbilt•
plant. ,
t The Council was briefed by Rick Svehlo, I
M Motion was made by Nash, seconded by Hughes to authorito
CO advertising for bids for construction of drainage improvements on
CO FM ISIS near the Peterbilt plant. Motion carried,
W 11. The Council considered awarding bid 11642 for oversited
Q paving and drainage structure on Kings Row.
Q Assistant City Manager King Cole briefed the Council.
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Motion was made by Nash, seconded by Hughes that the bid
be'swarded to Claude Smith Excavating at a bid of $6,611,14 for the
City's share of pgiving and $4,090.41 to Claude Smith for drainage, at
a combined bid of 51,01709025. Motlon.earried,
1a• The Council considered awarding bid 11651 for trading improve-
tents for Police Firing Range,
Motion was made by Mitchell, seconded by Stewart that the
bid be awarded to Davis and (tanning in the total amount of $13,153.00.
Notion carried.
13. The Council considered a lease with Roger E. Site for office
apace for the Energy Conservation Office.
Motion was trade by Nash, ieconded by Mitchell that a lease
with Roger E. Site for office space in the amount of 1225.00 per month
for the Energy Conservation Office be approved. Motion carried. {
14. The Council considered a report on the bird problem.
Assistant City Manager KingQ Cole advised that Or, Keith
Arnold •,f Texas A 1 M, stated that ciow guns were a,waste of money and
j effort but they will move birds from one location to another. Me
i added that If (5,000 birds were disposed of another 21,000 would
arrive in a abort time. Dr. ATnold also sold that tree trimming
could be utilited to make the potential nesting area unattractive to
the birds.'
The Council considered awarding bid' 16641 for overvidth
j paring on Stuart Road and ilercules Lane.
Council Member Nash stated that he was abstaining because
he'vas involved with the project,
Motion was made b'y'Hugh'os, seconded by Mitchell that the
' bid for the City's share be awarded to Claude Smith at a low bid of
170742.00. Motion tarried with Nash abstaining.
March 20, 1979 Continued ~i
16. Motion was bide by Nash, seconded by 1lughos that the follow.
ins Consent Agenda be approved. Motion carried.
1 (A) REFERRALS:
The followin
and Zoning Commission for itiirecommendationstred to the planning
{ (1) 2.1384, the petition of Dr, tlaltcr S. M11tcr, Jr.
requesting a change in toning from Single Family (5F•7) to Office (0)
classification at 2210 Mast Oak street,
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I (Z) 2.1365, the potltioa of Fir. George C. Coen re -1
Restria edg(MF„R)toclaislflcatlonlforaeppioiimoeityothrceitcref~lyy quesecetcdt
on the west side of sell Avenuo, Adjacent and south of the Denton
Housing Authorlty'k elderly housing development.
}t (8) DIDS1 , i
(1)) 18643, five passenger van, awarded to Chester Morrlo
Chrysler•Plyaouth In the amount of 168724.25,
(2) 18644, metal are a doors, awarded to Duwsyno Lamp
and Associates in the amount of 56,85.00.
s) 16645 road bore for electrical conduit, awarded to
Munie,iple Servfee, Inc. In the amount of 510,060.00.
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awarded to Temple, Inc,IIn2theaamount off11,lS8r 0a1 connectors,
i 17. The Council adjourned Into 6xeeutive Session at gt45'p.m, to
Dentons board appointments and litigation--Anita Martinos vs. City of
to announcehthatunoioffic,ialoactiontwas tolbestoken. at 9 5 p,ro.
i meeting adjourned at 9126 p.m.
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KAYDR
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Planning and Zoning Commission Recommendation 1
to the City Council
Z-1382 i
April 3, 1979
ide_ ntity_ Z-1382
This is the petition of Mr. Troy Glenn requesting a change in zoning ! j
from Single-Family (SF-7) to Commercial (C) classification on a tract '
totalling approximately .88 acre,
Location:
This tract is located adjacent and north of Glenn's Automotive Garage
at 823 East McKinney.
ecomnendation:
The Planning and Zoning Commission recommends approval of this petition.
The petitioner seeks to zone this parcel adjacent and east of Pecan
Creek to Commercial (C) classification in order to.permit the storage ,
of automobiles in conjunction with his auto repair business. This
tract is bounded on the west and north by the creek, on the south by
the petitioners auto repair business, and on the east by extrem,:ly
deep (over 200) residential lots. 'Given the existing land use re-
lationships'in this vicinity, it appears that zoning this tract
according to its commercial use would result in only limited negative
Impact to existing residential uses. First, this use is already in
,operation and thus, approval would riot result in a significant change;
second, the creek' presents a barrier to further expansion of the Com-
mercia,l (C) zone to the west; and third, the deep residential tots
4 tend to mitigate negative impacts of t0s use, In addition, the
f petitioner has stated his intention to construct a fence along the
eastern edge of the tract separating the auto storage from the resi-
dential properties,
The Planning and Community Development Department recommended approval
of this modified petition. The petitioner originally proposed Com-
1 mercial (C) zoning forthis area, as well as for the first three Bradshaw.
I fronting residential lots. The petition was modified at the suggestion '
of the Planning Conmission.
The Planning and Zoning Commission unanimously recommended the City
Council approve zoning petition Z-13821 in its modified form,
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Planning and Zoning Conmission Recommendation
to the City Council
1-1383
April 3, 1979
identity and Location: Z-1383
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This is the petition of Mr. James Neblett seeking the following:
a) a change in zoning from Agricultural (A) to eight Industrial
(LI) classification on 7,9 acres located on the north side of
U. S. 380 East, beginning 1700' east of the intersection of
380 and Cooper Creek Road, This tract has 800' of Highway
380 frontage and is 430' deep. •
If b) annexation and Light Industrial (LI) zoning classification on
22,1 acres adjoining the property in (a) to the north. This
tract measures 800' in width and 1200' in depth,
Recommendation:
The Planning and Zoning Commission recommends approval of this petition.
This proposal seeks Light Industrial (LI) zoning on a 30 acre tract
located on the north side of Highway 390 East, beginning approximately
1700 east of the Cooper Creek/Hwy. 380 intersection. The 380,frontage
is within the city limits and zoned Agricultural (A) while the remAinder
of the property is outside the city limits and must be annexed and
zoned to be developed,
The Light Industrial (LI) zoning classification requested for this
entire tract would permit industrial land uses similar to those already
in existence in Uis vicinity, such as Green Giant Co. and the Safety
Kleen recycling plant. The Comprehensive Plan indicates this entire
general area is appropriate for development as light industrial uses,
Regarding the availability of public facilities, existing streets are
f adequate to accomodate this proposed development. Municipal utilities
are accessible, but will need to be extended from Cooper Creek Road in
j order to serve this site.
The Planning and Community Development Department recommended appproval
of this petition.' Of notices sent to property owners for the Planning
Commission hearing, one was returned in favor and one-in opposition
to this request. No opposition was expressed at the Planning Commission
bearing.
The Planning and Zoning Commission unanimously recommended the City
Council approve zoning petition 2-1383.
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1 I?-64 ' DENTON CODE 10.67
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Sec, 19.65. flours of operation. I
(1) Class "A" and Class "B" dance halls shalt not remain
open or operate between the hours of 12:00 midnight and ~
1:00 p.m. bn the following day, (1959 Code, Att. 10.03)
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794
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1 10.10 DENTON CODE 10•t9 I
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Sec. 19.20, Hours of operations,
Premises licensed under the terms of this article shall not
remain open between the hours of 12:00 midnight and 8:00
a.m. on the following day, and no premises licensed hereunder
shall open or operate at any time before 1:0J p.m. on Sunday,
• (Ord. No. 63.19, 1 8.27.03)
1
i , . 726 {
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~ 1 19-13 PUBLIC AMUSEMENTS 4 10.47
Sec. 19.23. Alcoholic beverages prohibited on promisee.
It shall be unlawful for any licensee hereunder to permit any
i porzon to eel), purchase, possess, or use any alcoholic beverage i
on, in or about any place or buusiness licensed hereunder. It
shall also be unlawful for any person to sell, purchase, pos.
3 sess or use any alcoholic beverage on, in or about any place or
' business licensed hereunder. (Ord. No. 65.9, 4 11 2.23.65; Ord.
No. 75.18, fart I, 6-17-75)
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Sec, 19.24. Right of tntryl investigation.
(a) Free access and entranco Into any promisee licensed
hereunder shall at all times be accorded and granted to police
and other officers of the city,
i (b) The chief of police shall at regular times to be, desig-
nated by him, and at least once a week, cause all places and ' .
' businesses licensed hereunder to be visited and Investigated by
i the police. .(Ord. No, 63.19, 1, 8.27-63)
j See. 1925. Rtguletlons relating to minors.
(a) No person under the age of sixteen (16) years shall
I be permitted to attend or take part in any game played upon
a billiard table licensed under terms of this article unless
• such person Is accompanied by a parent or guardian.
(b) It shall be unlawful for any person to falsely' represent
hhnself to be either a parent or guardian of any minor undo-
the ago of sixteen (1G) years for the purpose of EnIning
admission of such minor dnio such licensed premises. (Ord.
I No. V. 19, 11, 8-27.63)
&c. 19.26, Licensee's duty to preveol article violations.
1 It shalt be the duty of each licensee to prevent violations
1 i -of the terms of this article, and a failure to do so shall con.
etituto sufficient cause for revocation of any license granted
pursuant to this Article. (Ord. No, 03-190 § 10 827.63)
See. 19.27. Flempilons from article.
I to billiard
The rovtaioit+ of this article snail not apply
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1 tables situated entirely within premises' operating under 's
slim No. !s 727
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- - - ..~+iwF~a~..w.c:..ww~ae.na.rya..../a..a...e:MhwJNyN,ef+~MAl4M'f}~MS+,~f7!'w L• ~ I
1~aws~i~...~la.~ellh~~yF:NNil~rfs's~t'.A i~1414'
19.6? DENTON CODE 1 19-00
# Sec. 19.57. Same-1'ces not refundable
No refund of any license fee paid as provided In section
19-50 shall be made by the city for any cause whatsoever. I
(1959 Code, Art.-10.03)
See. 10.59. Same-Term.
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All licenses issued under the provisions of this article, ex.'
cept single dance permits. shall terminate at the end of the
C calendar year for which it was i*sual.
See. 19.59. Same--Nontransferable.
Licenses issued under the pruvisions of this article shall
bo deemed persunal to tho licensee and shall notbe tranaferable
from person to person, or from place to'place. (1959 Code,
Art. 10.03)
See. 19.60. Same-lssuanee and'handlAg.
i (a) No license shall be Issued until the promises, place or
buainess•compltcs with all laws of the State of Texas, and
all ordinances of the City of Denton ret uiatidg health, sent.
tatton, fire, building and zoning.
. { cbotlon ) fevers ticeno issued all be upon the express, written
1 that it shall bb ~tomaticudly revoked by the sate,
hase, possession or use of any nleoholie beverage on, to
ut the premises licensed.
i 4 (c) The llcenso herein provided for shall stato on Its face
to whom it is Iasuccl, the dale of Issuance, the expiratloii date,
the address and location of the buwincas or premiere, and tho
class or kind of liccnso granted.
(d) Each liccnso shell be signed and sealed by the city
seerclnry and shall bo posted by the licensee to n conspicuous.
place at or none the entrance to the premises licensed. (1059
Code, Art, 10.03)
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April 3, 1979
CITY COUNCIL AGENDA ITEM
SUBJECT, Consider adjustment of 1978-79 Water System Capital Improve-
went Plan so as to incorporate installation of u six inch
water line and associated fire hydrants on Mission Street.
SUMMARYt
,
'f+'►~a~N~~r+`*!'+..iko Berry and Wayne and Becky Collier, residents of Mission
Street, have requested the City to install a six inch water
line and associated fire hydrant on Mission Street. This'
street presently has•a two inch water line which is not
adequate to support a fire hydrant. This line was put in
by tho city over twenty years aao to serve potable drinking
water to a resident of tho area and subsequently additional
residents have built facilities along the street and have
tied onto the two inch water line. There are presently
approximately seven homes, one mobil home and one church ,
being served from this line. To servo these customers will
require the installation•n. 1200 feet of line at an estimated
cost of $43,000. Mr. Berry first apprised the Utility
Department'of his request approximately one year ago. Due
to lack of Water Bond Funds the City had not been able to
fulfill his request. The Ctility Staff had anticipated placing
this project in the CIP for 1979-80. However, due to the
recent 'fire. at the residence•on Mission Street, the Utility
staff recommends that the 1978-79 CIP be amxanded to allow
funds io be available for the Mission Street water line. This
-line was placed in the CIF subject to property owner partici-
pation. However participation has pot yet materialized.
FISCAL SUMMARYe
Mission Street anticipated cost , $43,000
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1 McKinney St, sewer deleted $52,000
ACTION MQUIREDi
City Council approval-of modification of 1978-79 CIP adding
the Mission Street six inch water line and deleting the
East McKinney Street sewer line. -
'ALTERNATIVESI
Approval as stated above.
Approval with requirement that property owners pay offeite
and pro rata charges.
Approval with different•project being deleted.
bisapproval.
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STAFF f+:COKENDATIONt
At their regular meeting of March 27, 1979,'the'4ublic Utility
Board recommended that the Mission Street Water Line modifica-
tion of tho 1978-79 CIP be 'approved. The Utility Staff
concurs.
A nItL ' '
R. E. Nelson* P,S•
` Director of Utilities
Exhibitt
I CIP 1978-79
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PROJECT TITl( AND NUNI(A
MI
:AS10I1 STREET WATER LINE AND FIRE HYDRANT
RpIDNlIlI( DE•AAfai[NN0Y1 ON lION
WATER AND SEWER DEPARTMENT - WATER DISTRIBUTION DIVISION 1
-PROJECT NARRATIVE LOCATION MAP
i
This project involves the installation of
approximately ,31200' of 6" water main and associated
fire hytrant to run east from Fort Worth Drive. \
This project is necessitated 'due to the lack of
i fire protection in the area.
J lug ~ alp .4
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►+DIECT TITIt AND AVIISER 1
MISSION STREET WATER LINE AND FIRE HYDRANT _
01500411Sl9 D VARTVtNT AYD DIVISION
WATER AND SEWER DEPARTMENT - WATER DISTRIBUTION DIVISION
PROJECT CONSIDERATIONS
RELATED PROJECTS DES15N '
UTILITY ADJUSTMENTS LAND/RIGHT- OF-WAY
ESTIMATED OPERA71NO COST BID PROCESS
FIRST YEAS CONSTRUCTION
SECOND YEAR PROJECT COMPLETION
FAOJtCT COSTS IS?$ - Is 1171 - 10 'If$l - 11 111, - 11 IOU 60
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1A~7 /,k;v:-Cr-NIT
~ L't•t~T/ It IC: ATICV '
C:NrrRI:TiCv ,
CCtiIT•c:',:~t ti:•tC1CN
~ IRR.,a•I:N srlTCw aAD tAwsca,nD
~ 1~:•.a. ssTtvs
t:.'+~LNT AY) /u I'.k,tN'I'01
trwartD IwruT,Ov ,
rtvt Dpstt 43,000,
SOLSCES OF W*S
1 Sht'Ia: Det uT.\: IVYO
t {:•.:f vCfU
wDTto
" rntN.t tr111J.t ►uwa
rta•1: sRawT ,rlw:l
t:vvr:~+T a~t.:IVtN7
Yr .ITT nttitwlt IDA:1
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TOTAL MACH $ 43 000.
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CITY OF D ENTON ,TEXAS.
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DEPARTMENT OF UTILITIES r'
WAGE COLLECTION '^oJECT TITI£I PROJECT NO. , • . ; ; i
+.....R,..,«... LSIJ.^lr~!.,+,•....,;. _-•„t .,r,,,.M 2X- U, SEWER LINE IMPROVEMENTS
PP,OJEC T 'NARRATIVE _ LOCATIO,V MAP + , : {
is pro$ect consists of the instailation,of 4,000f eet. two, 6
8" wer rain -line or McKinney from Loop 288 -
x.,000 feet West. • f
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CITY *OF DENTON JEXAS ,
DEPAR I MENT "OI: ' 001'I LIT! ES
VAGE COLLECTION PROJECT TITLE I PROJECT NO, .
DIVISION MC KINNEY STREET SNER LINE IMPROVEMENTS
PROJECT OESC.R,PT104 PROJECT SCHEOULE START FINI,!1
DESIGN viarCh 1 197 A r{ ] 1470
Installation of 4,400 feet of'.6" ses•rer main line on f . LAND/R'cMT- of-VfaY
¢'cKinney.Street from Loop 288 to 4,400 feet west. HID PROCESS
_ April 11 3979 f'a 1979
co'ISTRUCTION May 1, 1979
PROJECT Co1~aLETioN July 1979
INUVIED AtL\VAL OPERATING COSTS, OPErIM YEARI FOLLOrr!NG YEARI
7.SC: E:T COSTS 9Tt - is iii - to Isu - n itlc - is uu- 1:
its *1% 3s168
Et•.tt •~t.::u:r
46,464
rir:tr:v SH~LJ st0 LA[:1CAb:.0
[i.'ttit6t i~: ~ct•..fa:vs Contractor
,
t:tt1 52,800
CF Fa;5
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tL*.1Is6 V%410 ONO rV0
`1'••:f t:su
1'•:1 ~:t vYt! -
rht~.t t•jt•o1 l6~:1
rl!ttl', iol,t 16%:1
'.t: 1-.7,,tt tt,16t81W1h1
1t.ti~t 1ht~•t 1:6:1 521800
~tSat i~tt~!;r•i tvND ,
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NO. 3
• AN ORDINANCE AMENDINO TILE Z041NO IIAP OF THE CITY OF DENTON, TEXAS, i
AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF
THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 60-1, AND AS SAID MAP
APPLIES TO LO'r 14, 13LOCK 4070 AS SHOWN THIS DATE 0:1 THE OFFICIAL ;
TAX MAP OF THE, CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DES-
CRIRb'D THEREIN; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION 1.,
That the Zoning leap of thm City of Denton, Texasr aLoited the
14th day of January, 1009, As an Appendix to the Code of kirdinancea
of the City Qf Denton, Texas, under provisions of Ordl:anco No. 69-1,
be, and the same is hereby am,ndOd 'as follows:
All the hereinafter described property to hereby removed frm
the Agricultural "A" District as shown on said Zoning Map, ynd all
provisions of Ordinance No. 69-1, adopted the 14th day of January,
1969 as amended, Fhill hereafter apply to said property as Single- j
Fami3y "SF-7" and Sirgle-Family ISF-10" District in the Sable manner
as othor property located in the Single-Family 116F-711,and Singlo•
Family "6F-10" District in the following manner:
(a) Twelve acres of land located adjacent and east of ,'ireenway
CXub Estates measuring 300' X 045' shall be zoned As Single-Vamily
i "SF-2011; and
(b) The rem thing 32.4 acres of this tract located adjacent 1
and east of the property described In (a) and measuring 700' X 1776'
shall be zoned as Single-Family 11SF-711.
That the City Council of the City of Denton, Texas hereby
finds that such change is is.'accordance with a comprehenitve plan' -
for the purpose of promoting the general welfare of the City of
pontnn, Texas, and with reasonable consideration, among other things
for thu character of the district and for ita'peculfar suitability
or particular uses, Ind with a view to conserving the value of the
buildings, protecting human lives, and encouraging the most appro-
ppriato us as of land for the maximum benefit to the City of Denton,
Toxas, and its citizens.
t J SECTION 111. ;
That this ordinance aha)) be in full force kind sifcct Immedi-
ately after its passage and approva the required public hearings
having herotoforo been held by the Pllanning and Zoning Commission
and the City Council of the City of Denton, Texas, after giving due
hobos thereof,'
` PAS$ND and APPROVED This,thr 3rd day of April, A. D. 1970.
t
i; MAYOR
CITY OF DR N, 'TEXAS
ATTEST:
L910OR 1101,T, CITY .ECR:' 't
CITY OF DENTON, TEXAS '
APPROVED AS To LEGAL FORMS
-CITY AT`IVILNEY
MUL G,
CITY OF DENTON, TEXAS ' i
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ND,
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF ri =04. TEXAS, ,
AS SAME WAS AI)OP'fED AS AN APPENDIX TO THE CODE OF OtIDINANCES OF
THE CITY OF I*NTON, TEXAS, BY ORDINANCE NO. 09-1. AND AS SAID HAP
APPLIES TO LOT 2.1. DI.OCN 230 AS SHOWN TATS DATE 0.4 THE OFFICIAL
TAX IIAP OF THE CITY OF DE47.0N, TEXAS, AND MOnC PARTICULARLY DES-
CN111ED THEREIN, AND DECLARINn AN EMOTIVE DATE.
1
•W ,
TpE rnttNC1L.OF, T8E C F DENTG,t. TEXAS. HMLBY ORMINSt
SECTION 1. 1, 1
That the Zoning IIAP of the City of Denton, Texas, adopted the
14th day of January, 3009, as an Appendix to the Code of Ordinances
of the City of Denton, Texas, under provisions of Ordinance No. 00-11-
be, And the same in hereby amended as follows: I
All the heroin after described property is horeby removed
from the Multi-Family 'YIP-1" District as shown on said
Zoning limp, and all provisions of Ordinance No. 09-1,
adopted the 14th day of January, 1000 as amended, shall
horeaftcr apply to said property As Single-Family "SF-7"
District in the samo m"tmer As other property located in
tbo Single-family "SF-7" District;
All that certain Ict, tract or parce} of land lying and
being situated in the City and Count p of Denton, State
of Texas, and being Lot 2,11 Block 330 and being located
at 923 West Oak Street in the City of Denton, Texas.
SECTION 111
That the City Council of the City of Denton, Texas hereby
finds that such change is in omcordanco with a comprehensive plan
for the purpose of promoting the general welfare of the City of
Denton, Texas, and with reasonable consideration, Among other things
for the character of the dfetriat and for its peculiar suitability
or particular uses and with A view to conserving the aulue of the
buildings, protecting human laves, and encouraging the moat appro-
pristo uses of land for the maximum benefit to the City of Denton,
Texas, and its citizens,
PECTION IJI, ,
That this ordinance sho11 be in full force and effect Immodi-
ately after its passage and approval the required public hearings 1
havlnRR heretofore been held by the p10 ning and Zoning Commission
and the City Council of the City of Denton, Texas, after Riving duo
hotico thereof.
PASSED and APPROVED This the 3rd day of April, A. D. 1970.
• CITY OF DENTON, TEXAS
ATTEST!
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1MZ KS I ~ CITY IF-CROM
OF DETC1T'Y ON, TEXAS
APPROVED AS TO 00AL MAI
PAUL
CITY Or DEN'MN, TEXAS
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NO, ,
AN ORDINANCE AMENDINO 771E 204IN0 MAP OF TILE CITY OF DENTON, TEXAS,
AS SAME WAS ADOSI'ED A9 AN APPENDIX TO THE CODE OF ORDINANCES OF
THE CITY OF IMNT04, TEXAS, BY OHUINANCE NO. 00-1, A4D AS SAID RAP
APPLIES TO MT 4-A-1, BLOCK 274E AS SHOWN THIS DATE ON THE OFFICIAL
TAX MAP OF T11E CITY OF DENTON, TEXAS, AND MORE PARTICDIMLY DES- 1
CRIDED THLIAL1N; AND DECLARING AN EFFECTIVE DATE. 1
• - "ie"~'a' ~ ~ "NT1IE COINC1L OF THE CITY OF DENNo TEXAS, HEREDY ORDUNS:
• SECTION I. t~
That tho Zoning 11ap of the City of Dcuton, Texas, adoptoi the
14th day of January, 1000, as an Appendix to the Code of Ordinances
of the City of Denton, Texas, under provisions of Ordinance No. 60-10
boo and the came is hereby amended, as follows:
All the heroinafter described property is hereby rem.,ved
from the General Helail "OR" District ■s shown on said
Zoning lisp, and all provisions of Ordinance No. 00.10
adopted the 14th day of January, 1060, an amended, shall
hereafter apply to said property as Commercial "C" Dis-
trict in the same manner as other property located in
the Commercial "C" District; j
All that certain lot, tract or parcel of land lying and
being situated In the City and County of Denton, State
of Texas, and being Lot 4-A-1, Illo%Ik 270E and being
located on the north side of-1-35E, Ueainning 500 feet
east of the intersection of 1-35 and Hayhill Road and
containicg'approximately .63 aevo of land, more or loss.
I
J; SECTION 11.
That the City Council of the City of Denton, Texas hereby
finds that such change Is in accordance with a comprobensive plan 1
for the purpose of prgmoting the general welfare of the City of i
Denton, Tcxas, and with reasonable consideration, among other things
'for the character of the district and for its peculiar suitability
or pparticular uses, and with'a.view to conserving the value of the
build Inge, protecting human lives, and eneouraglnn the most appre- j
priato uses of land for the maximum benefit to the City of Denton,
Texas, and its,oitizena.
AEC,T10N M.
That thin ordinance shall be is full force and effect imrodi-
ately after its passage and approval, the required public hearings
having heretofore been hold by the Planning and Zoningg Commlesion
and the City Council of the City of Denton, Texas,'aftor giving due
notice thereof.-
PASSED and APPROVED This the 3rd day of April, A, D, 1978,
CITY OP DENIVN, TEXAS
ATfESTf
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C1TY OA LENTON, TEXAS
APPROVED AS TO LEGAL FORMt
CITY OF DEN10, TEXAS1 I {
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NO.
AN ORDINANCE AItF.NDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, /
AS WE VAS ADOPTLD AS AN APPLNDIX TO THE CODE OF ORDINANCES OF J/
111E CITY OF PENTON, TEXAS, 11Y ORDINANCE NO. 69-1, AND AS SAID MAP
APPLIES TO LOT 8, DIACK 187J AS S11OWN THIS DATE ON THE OFFICIAL
TAX PAP OF THE CITY OF DLNTON, TEXAS, AND MORE PARTICULARLY DES-
CRIUED,THEREIN; AND D1%'CL"INO AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEPS, HERESY ORDAINS:
1 ~
SECTION 1,
That the Zonthg Map of the City of Denton, Texas, adopted the
14th day of January, ID09, me an Appendix to the Code of Ordinances
of the City of Denton, Texas, under provisions of Ordinance No. 60-1,
s 'be,•and the memo is hereby amended as follows:
All the horelnafter described property is hereby removed from I
tlie Agricultural "A" District as shown on maid Zoning Hap, and all
provisions of Ordinance No. 69-1, adopted the 14th day of January,
1960, as amended, shall hereafter apply to said property as Single-
Family °SF-7" District in the same manner me other property located
in the Single-Family "SF-7" District;
All that certain lot, tract or parcel of land lying and being situ-
atbd in the R. Bi Longbottom Survey, Abstract 775, Denton County,
I Texas, being part or a 3.173 acre tract described in a deed free
0}enn Rggy Step9henoon, at ux, to Joyce Meadows and recorded in Volume
Ciaular) described Records of Denton County, Te4se, being more par-followsl
BEOINNINO at a steel pin at the northwest corner of a tract- dea
cribed in a deed from Joyce Meadows on October 25, 1976 and recorded
in Volume 809, Page 494, Deed Records or said County, being south
See 22, 50" east 926,63 feet and north 9° 481 30" east 180.51 feet
from the southwest corner or said Longbottom SurveyI E
THENCE north 90481 34" malt 192.0 feet to a steel pint
THENCE south 88° 221 50" east 116.11 feet to a steel pint
THENCE north 10 471 40" cost 197.0 feet to a steel pint'
THENCE mouth 884 221 50" east 228.71 felt to a steel pint
THENCF south 1' 471 40" west 357.0 feet to a steel pint
THENCE north 880 221 50" west 208,71 feet to a steel pin{
THENCE south 10 4?1 40" west 30.04 feet to a steel pin at the
northeast corner of said gone Meadows tract{
TIIE14CE north 880 221 50" with the north boundary line of Rene .i
Mcad'ows treat 162.88 feet to the place of beginning and Contain-
Ing in all 2.453 acres of land,. ;
F t 1 I
That the City Council of the City o; Denton, Texam hereby
j finds that such change is in accordance with a comprehensive plan
for the purpose of promoting the general welfare of the city of
Denton, Texaco, and with reasonablo considerations among other things
for the character of the district and for its peculiar suitability
or porticulnr unce, Ahd.with A view to. coonorving the value of the
buildings, protecting human lives, and encouraging tLo moat appro-
ptitto uses of land for the maximum benefit to the City of Donton, i
Ta>!sa, and ljs citimens.
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sECTti!•
That thin ordinance shall be in full force and offset inunodl=
ately after its passage and approval, the required public hcarinp! , ork having htrotoforc Planning And
Texas,nafteroeiving due
and the Ci cityty,.
notice thereof. .
PASSED and APPROVED This the 3rd day of April, A. D.'1979,
h MITCHELL-, i
CITY OF D,ENTON, TEX,',S '
ATTEST:
r ,
MWISM-n- C7177-S~C ' AR
CITY OF DENTON, TEXAS
APPROVED AS TO IEaAL FORM: '
T1' I '
CITY OF DENTON, TEXAS
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CITY Or UCHION '
KEMORANDUH '
1 .
DATE OF MELTINGs April J, 1979
► •,.,,L,. a,.Y • '~Y• ~~'•ip•:':.♦ 'r•r.rS,: J\„t. ,I 1« 1 :J S. t, \ Ir.~ ~.r,~,.I Z11 .'•1
~1 1 1 t 11 y 4T•\\ .y al ♦y ♦ y\~' .r ter J~'4,
~,ic Javva9o=a~t~lnv/)l7k=hf4ti~.`eld ti y'., '"5 . kts
jE'r"+''' SUDJECPi r AlC6~i0
' 1 1 Y V • 1✓ ♦ ♦ 1
~fi~~1. L1 J'. =r,•1. ~J"_'... i1 ,~'t',v •kl11i,lJ '=IJ•Sr.t
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~ ~`S M+. f 'lf 1rr r. i`• ! . .a JI u v r 1. " a,7 1.1 ,1 ` _ f. i t . "1 ;
1 j 1 i t 1 n, l •T rya! ieiv~,l' SA!~` r1. y\• '~'y JI•'r ',t,14f,
yHalJ 11~~.=, , 4, 1 irk 1. t. l t b..t.\!: 1 1y,Y• , ty'r , , ly r' P,
J ' ' SUAQ1ARYs' To CodsldoY Cheri ¢~nyif,hb Al cohlic tiBVarAg°b O'r~l,'>ti anc$''' t
`a~;.~Cbicr j, d : .5
• "e71 D'161ds At all tix~ds".i to' `."akf fimLAS
from
•11.~,, partidl.pafit8 aze 'uit~g.K•'ld`yo;pi;k~gcrYl.!- S f'.t. ' •r~, rJ~at'•,
r. \.J 1. r , ,,1 rr' + ' ..fir, .:.1 . ! l ' t. ,.IZ1~
. ,J'!~, 1. ! J.~fl f~',t ~%r?ij 1. ,.r.j ~ ~'.1',e. S^,1 ,P~: ~ •1.11 i. ,
•Jf''' 1 1 \•.r• / , •}Y ' 1 ^I• ' . •y . 1 L'Yt. '.S I
rISCAL 5U!•rila•?Y1 Norio i
.f
4 ACTION REQUIREDr Recommend to City Council a revised ordinance,deallag
with alcoholic boverages at local athletic fields.
ALTERNATIV&Ss 1. Yoop'the ordinance as ie\'
1 1. • 1
' BTAEF ItCCO}L~MDATIOYs Approved the change ea''recommendod by thg Phrks
} • , ' ' • I
end Rea rea'tLoh.'Board, ,
Director
a attached. Boached.
1
1
OLD- CITY of DENTON, TCXAS MUNKIPAL BUILDING'/ DENTON, TEXAS 76201 / TELEPNONE {8f 11382.4G01
-M £ M 0-
TOs City Council Members
FROM, Parks 6 Recreation Board Chairperson, Pat Cheek
DAM March 26, 1979
SUBJECTi Amending Ordinances section 15-lo(Consumption
of Alcoholic Beverages)
Y
1
The Board recommends to the city council that thetOrdinance
be amendod+ Section 1-11 add the vprding
icipants are under'the age of eighteen (18) to the first
sentence.
• r
Thus, the sentence will read, i
(1) Within the limits of any public park within the
t City of Denton, it shall be unlawful for any person or persons
i
to possoss or consume any alcorolio beverage within 100 feet
of any portion of any playing field wbere tho'participants are
{
,
under the age of eighteen (18), except At such possession or
consumption is inside a motor vehicle located upon a designated
parking area,
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PARKS AND RECREATION DEPARTMENT . 017.387.6146
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N0.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDINn CHAPTER 15
"PARKS AND RECREATION" BY ADDING A NEW-SECTION 15-10 PROHIBITING
POSSESSION CR CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN 100 FEET
OF A PLAYING FIELD; DESIGNATING THE POSTINn OF SIGNS; CALLING FOR
ENFORCEMENT: DECLARING A PENALTY; PROYIDINO A SEVERADILITY CLAUSE
AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE'CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
That Chapter 15 "Parks and Recreation" is hereby amended by
adding a new Section 15-10 "Possession and Consumption of Alcohol
prohibited" which hereafter shall read as follows:
"Section 15-10. POSSESSION AND CONSUMPTION OF AL 0HOL
PROHIBITED
(1) Tithia the limits of any public park within the City of
Denton, it shall bo palawful for any person or persons to possess
„ or consume any alcoholic beverage within 100 feet of any portion
of say playing field where the participants are under the age of
eighteen (18), except if-such possession or consumption is !aside '
A motor vehicle located upon a designated parking area, playing
field is hereby defined as. a harked field area or the enclosure
surrounding or setting apart a designated l.i.old arei, Including
but not limited to a fence, for the purpose of conducting or engag-
Ing in in athletic game or activity, Such Activities would include
but not be limited to football, baseball, softball, soedor, rugby,
1
i lacrosse,-field hoe0y, tennis add baekethall,
III {
(9) The Director of Parke and Recreation shall cause signs ,
to be erected at the playing ?!olds witbii the various public parks
' notifying the public of the ptovi dons of this ordinance,
(S) The Director of Parks and Reoreation, Parks Attendants
designated by the Director, and the Police Department, shall, in
' oonneotfon with their duties iabosd by iav, diligently enforce the
provisions of this ordinance, and they shall have the authority to
'eject from the park any parson acting in violation of this ordinance,-
SECTION t[,
Any person who violates any provision of this ordinance shall
be deemed guilty of 'a miademeanor, and, upon conviction, shall be
punished by a, fine not to exceed Two Hundred Doi tars ($200.00), Each
day such a vlo Wion shall tAtioue or be permitted, shall be treated
as a separate offense.
y9ECTION III,
That it any a oetion, subsection, paragraph, sentence, clause,
i
•phraae or word in this ordinance, or application thereof to any per-
son or circumstances to hold invalid by any court of competent ,)urie-
dietion, such holding shall not affect the validity of the remaining
portions of this ordinance, and the City Council of the City of
Denton, Texas, hereby declares it wou2ti have enacted such remaining
portions despite any suoh'invalidity.
§ECTiON 1V.
That this ordinance shall become e'ttectivo fourteen days from
E the date of its passage, and the City Secretary to hereby diredted
f to cause the caption of this ordinance to be published twice in the
Denton Record -Chronic Io', the official newspaper of the City of
Denton, Texas, Within ten (10) days of the date of Its paesigo,
Ik PASSED AND APPROVED This the 90th day of Mareh, A. D. 1979,
• j
i
CITY Au DENTON, TEXAS
'•i ATTESTt
CITY OF DE1;TW, TEXAS gk:CMTAR!
,
APPROVED AS TO WAL FORMI
FXVL C. 111110, CITY AWOMET
f` CITY OP DENT01 TEXAS
.
, I
i
CITY OF DENTON s
NDIORANDUM
DATE OF MEETINCs April 3, 1979
i
CITY COUNCIL AGENDA ITE:; VADh7Mn ee wrrm fc rn ur rte,rrn OM AGF.NDA)7 i
Consider an ordinance removing pparking on he south side of Edwards
Street from Avenue 8 to Avenue ll as recommended by the Traffic
Safety Commission.
SUMMARYs
The Citizons.Traf.fic Safety Support Commission voted unanimously
to recommend this ..1 iking..Onnge.
YISCAL SUi' UYi
Cost of signs -approxit`natoly $50.00.~ r
ACTION REQUIRED!
Appruvo the attached ordinance. j j
ALTERNATIYFSt .
i r•
Reject tho ordinance and leave parking. as is..
STAFF RECOMMOATIONS1
Tho Staff would rocommohd approval fo tho ordinanco.
4%11I8ITS1 I Ordinanco
II• Minutes '
eg
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.....~..•..n as m«.a....... ..--1..... r...ars_ ..aw~..xoxw.v. e, .s n.n..w, ...y
i
s ,
MINUTES i
CITIZENS TRAFFIC SAFETY SUPPORT COMMISSION
MARCH 21, 1979
i
PRESrNT: Chairman Mike Campbell, Joan Hartney, Ruth Frady Lovie
Price, Elizabeth Garrett, Bill Midgett, Buck Elliott,'
Jim Wilson, Traffic Safety Coordinator, Traffic Director
and secretary
ABSENT: John fiughos
1. Midgett made the motion THAT THE. MINUTES OF FEBRUARY 21,1979
BE APPROVED AS WRITTEN. Price seconded the motion that carried
unanimously,
2. Midgott made a motion to recommend to the Council to 'REMOVE
PARKING ON THE SOUTH SIDE OF EDWARDS STREFT BETWEEN AVENUE D +
AND AVENUE li, per Mr. Jacob Hioble's request at the February
21, meeting. Motion was seconded by Price and carried unan-'
imously.
I 3. Mr. Marvin Loveless addressed the Commission with the reqquest
to remove the parking on the oast side of Exposition. Affected
businesses in the area were notified and a rpokosman for Fred'A
Body Shop-appeared before the Commission to voice his opinion.
A motion was made by Hartney to -leave parking on Exposition as
is, 'Wilson seconded the motion that carried unanimously.
4, The request of-Mr, Bailoy to romove'sevoral parking spaces on
the courthouso squaro was tabled until'the next meeting,
S. The 'traffic Safety Coordinator spoke 'to the Commission about
somo•parkingg problems on Woodrow Lane and Willow Springs, to
' be discussod again at the next meeting.
i The meeting adjourned at 2:OS p,m.
I
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! I
N0.
AN ORDINANCE RMOV1NO PARKING GN THE SOUTH SIDE OF EDWARDS STREET'
FROV AVENUE D TO AVENUE E; PROVIDING A S M..RADILITY CLAUSE; PRO- i
VIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE.
• TIIE COUNCIL OF THE CITY OF DENTON, T£KAS, HEREDY ORDAINS:
SECTION I.
That the south side of Edwards Street from Avenue D to Avenue
E shall not- be used for the parkleg of vehiclcm or in any manner
obstructed at anytime, and the same shalt be so posted by the
proper authorities of tho City of Denton; Texas.
OrCTION I1.
Thkt if any section, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof to any
person or eircumatenecs fa held invalid by any court of competent
3urisdiction, such hoid3nf, shall not affect the validity of the
remaining portions of thtu ordinance, and the City Council of the
City of Denton, Texas, hereby declares it would have enacted such
remaining portiona despite any such invalidity.
UCTION III,
i
That Section 1-5 of the Code of Ordinances of the City of
Denton Is Incorporated into the oi'dipanco as if set out in full
! heroin and the penalty by fine not to exceed Two Hundred Dollars 1
fa applicable heroto, aid it is hereby declared unlawful to park
any vehicle on any portion of the above described streets as Is
posted or marked as a 411o Parkins Zone".
• i,ECTION !V.
1 That this ordinance shall become effective fourteen days from
the date of its passage, acd:th,o City Secretary is hereby directed
to cause the caption of this ordinance to be published twice in the
bm.ton Accord-Chronicle, the official newspaper of the City of
Denton, Texas, within ten (10) dayr,of the ditto of its passage.
j PASSED AND APPROVED 'A'his the 3rd day of April, A. D, 1970.
1
CITY of DEN 1; TEXAS
ATTEM
I~ BROOKS HOL3r;.LITY SLCiETARY
CITY or DEN'14, TEXAS
APPROVED AS TO LEGAL FORil1
t ,
FIVE C, I611AA14 CITY CITY OF DENTON ;
s TEXAS
1
3
f
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, HELD IN THE lIV14ICIVAL BUILDING OF SAID CITY ON THE 3RD
DAY OF APRIL, As D, 1979,
v
RE SOLUT'I OH
WHEREAS, the City of Denton desiies.to publish its intent
to enter into a c:ooperatlon agreement with the Housing Authority
of the Texas Intertribal Indian Housing Agency of Texasi
i t NOW, THEREFORE, BE IT RESOLVlrD BY YHE C17Y OF DENTON, DENTON
COUNTY, TEXAS, THATI
1. The City Secretary i^ hereby authorized and directed to
r
` give notit:e of the intention of the City of Denton, Texas, to en-
ter into a Cooperation Agreement with tha Texas Intertribal !lousing
ffff Agcy of Texas,,by twice publishing a copy of said notice in the
j •
Denton Record-Chronicle which is the City0s officially dewignatod
I
newsp3por,
j
E 3. said Notice shall state that at the expiration of-sixty
(60) days from the date of the,first publication, the City will
• r
' consider the question of whether or not it will enter into a
i
Cooperation Agreement W6 the Housing Authority,
' 34 The City Secretary shell keep a copy of the Cooperation
Agreement proposed available for inspection by the public at the 1
1 office of the City Secretary during usual business hours,
i
this Resolution aholl take effect immediately,
PASSED AND APPROVED this the 3rd day of April$ A, D, 1970•
YO
CITY OF DENTON, TEXAS
r
ATTSSTI
9~96399 7fb , CITY MR-Thit
CITY OF DENTON, TEXAtt
APPROVED AS Tfl LEGAL FORMI 1
,
I
CITY OP DENTON, TMAS
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I
CITY OF DENTON ,
MMORAti'DUN
DATE OF MEETING, April 3, 1979 {
CITY COUNCIL AGENDA ITEM (USE EXACT YORDING AS ITEM IS TO BE PLACED ON AGENDA):.-
Consider a resolution requesting the Corps of'Engineors to make
• further studies for providing flood protection on Cooper Crook.
SMIMARY s {
In order to proceed with further studies the Corps must receive a
request from the City. These studies would give the Council a better
indication of•the,costs'and benefits to ho incurred if new construc-
tion is finally undertaken.' This resolution does recognize certain
requirements if construction is undertaken, however, it does not bind
the City to this construction in the. future. +
FISCAL SU2MRYs
j Cost of further. studies will be assumed by. t} o Corps of f:ngineers
i and the City will incur no cost.
i
ACTION REQUIRED:
Approve the attached resolution.
k ALTERNATIVES:
Not to pass the resolution and not pursue further studies,
STAFF RECOMMEtDATIONS:
7ho Staff recommends approval of the resolution.
.
EXHIBITS: I Memo
Il'.- Resolution
t
I
a
rl- 3)
CITY of DENTON, TEXAS MUNICIPAL BUILDING, / DENTON, TEXAS 76201 / TELEPHONE {817) 382.9601
• y~
MEMORANDUM
TO: G. Chris,HaTtung
FROM: Rick Svehla
DATE: March 27, 1979
RE: Drainage Studies.and Possible Construction of Facilities
on Cooper Creek under Section 205 of the Flood Control
Act of 1948, as Amended
As you know, Thursday of•.last week we met with representatives of.
the Corps of Engineers to discuss fheir.preliminary '£indings on
Pecan Crook and Cooper Creek. Mr, James Smythe and Mr. Ralph Wurbs
advised us that their f.adings on Pecan Creek were not favorable-
for construction but their studies on Cooper Creek has shown very
good benefit/cost ratios.
f As we have discussed in the previou's memos, this project is con-
s sidored small compared to other Corps projects. 'In this typo of
project tho City must agree to a particular set of requirements
while the Corps assumes the responsibilities of design', construc-
tion and contract ad,ninistration. For the Cooper Creek project,
the City would havo to do the following:
it, Obtain all the rights-of-way and/or easements,
2. Relocate all utilities,
3. Complete any bridge renovations or replacements necessary of
which there pre seven to be considered,
4. Agree to maintain tho'project once it was completed,
5. Agree to fund any part of the project that was not strictly'
for drainage (i.e. for recreation or park land, etc.)
6.. Adopt ordinances for flood control (we've already done this
to meet PTA requirements), and
7. Assumo all project casts in excess of the federal cost limitation
(in this case two million dollars). j
DEPARTMENT OF COMMUNITY DEVELOPMENT
i
Memo to C. Chris Hartung
March 27, 1979
1
In the preliminary studies that have been done, the Corps has looked
at several types of flood situations. In each one of these benefit/
cost ratios have been very good.- For these various conditions the
Corps estimates the City cost to be from 2.8 to 6 million dollars. !
Although these costs a, To quite high, they.aZe also misleading in some 1
respects for the fo;i owing reasons:
1. The Corp s' estimated buying all of the easements or rights-of-way
along the creek from Stuart to Mayhill. On almost all of this
reach the City has easement's varying from 50-100 feet wide.
Since the Flood Plain will be altered substantially by these im-
provements, we should be able to obtain additional rights-of-way
+ from the adjacent land owners at a rate leas than the estimate
used by the Corps 1($2.50 per square foot for residential and
$10,000.00 per acre for creek bottom),
2. The bridge renovations could be less than indicated if we are
able to build structures that would be flooded in the very large +
storms, and
3. Contingency funds have been set at 25 percent of the cost which '
is extremely high and can probably be,reduced somewhat.
The Corps will pursue further in depth 'studies af,tor receiving a
formal request from the City. A resolution is attached that would
meet the requirements of the Flood Control Act of 1948. This re-
solution does not bind the Council to construction but it would allow
the Corps to obtain estimates of benefits versus costs through more
detailed study and design. The Staff recommends that the Council pass
the rosolution and proceed with further studies.,
.
AT A REGULAR HEETIN, OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, HhI.D IN THE MUNICIPAL BUILDING OF SAID CITY 0Y THE 3RD
DAY OF APRIL, A. D. 1979, i '
R E 8 0 L U T I 0 N
WHEREAS, the Corps of Engineers, U. S. Army, has made it pre-
liminary study for a flood protection project for protection of
the City of Denton against floods causcd by Cooper Creek and has
found that there is a possibility of Fedvral participation in the
construction of such flood protection project under the 'authority
of Section 205 of the 1948 Flood Control Act as amended; and
WHEREAS, before proceeding with the preparation of plane for
the proposed flood protection project, the Corps of Engineers has,
requested assurances from the City of Denton with respect to, its
willingness and ability to meet the requirements of local co-
operation as set. forth in the Flood Control Act of 1938 consiot-
i •
ing of furnishing the sights-of-way, accomplishing utility and
road relocations, holding the Government free from damages and
maintaining and operating the project after construction; and
WHEREAS, the City of Denton is a legally qualified Ludy caps- r
ble under the provisions of the Statutes of the State of Texas, of
meeting the requirements of local cooperation; and
WHEREAS, the citizenship within the limits of the area which ,
would be protected by the proposed hood protection project ear-
meetly desire that the Corps of Engineers, U. S. Army, proceed j
with the preparation of the necessary plams and project report on
the proposed 'flood protection project; and
WMEA8, the assurances stated hereinafter eo not commit the
Fedei..l Government to the construction of•the proposed flood pro-
tection project;
NOM, THEREFORE* DE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS:
That the Corps of Engineers-be advised that the City of Denton
will take appropriate action to provide full cooperation :nd par-
' tieipatloo at such time as the,-Corpd of Engineers approves con-
struction of a flood protection project for the protection of the
.
i
•
erg
City of Dcntoi; ■nd
That It is understood that full cooperation and participation
would require the sponsor to agree to:
1, Provide without cost to the United States all lands,
easements, and rights-of-way necessary for project
construction,
2. Bear the cost of all alterations and relocations to
utilities, roads, bridges, cemeteries, and other com-
munity M' vlces, except railroads.
3. Hold and save the United States free from damages due
to construction, operation, and maintenance of the pro- i
Jett, does not include damages.due to the fault or
negligence of the United States or Its contractors.
S. Ifaintain and operate the project after completion in
accordance with regulations prescribed by the Secretary
of the Army.
5. Assume full responsibility for all piojoat costs in ex-
coos of the Federal cost limitation of,
8: Nate cash contribution for project costs assigned to
project features other than flood control.
I
7, Contribute toxard construction costs where substantial
land eehanoement'or similar type benefiYs will accrue
in accordance with existing polit1;§ for regularly
authorized projects,
a. Prevent encroachment which could interfere with proper
functioning of the project for flood control.
8. Prevent encroachment on the pending area and that if the
• ponding area capacities are impaired, the City will pro-
vide a sub3titute storage capacity or equivalent pumpinr
capacity promptly without cost to the United States.
10. Consider the adoption of such flood plain "regulations
necessary to Insure compatibility between future deve-
lopment and the degree of flood protection provided in
i the project area.
' BE IT FURTHER RESOLVED THAT a copy of this resolution be for-
warded to the District Engineer, Fort Worth District, Corps of
I Englacere, U. S. Army, Fort Worth, Texas.
PASSED AND APPROVED this the 3rd day of April, A. D. 1070.
JO AS TCHEL , It Oft
ATTEoT: CITY OF DENTON, TEXAS
N XS IIOL1 C TY B 'CHET t
CITY OF DENTON, TEXAS
APPROYED AS TO LEGAL FOltit:
C. SI I
CI9Y of DEMUti,CTEXAS 0
*,Oki
' . re
City of Denton 7
Memorandum
April 3, 1979
CITY COUNCIL AGENDA ITEM:
Consider final action regarding the annexation and Light Industrial (LI)
zoning petition of a 12 acre. tract located on tte north side of Scripture
inrediately west of the ATSF railroad tracks--the petition of Ms. Ann Powell.
SUMMARY:
The petition of Ms. Ann Powell for annexation and Light Industrial (LI)
zoning classification on a 12 acre tract comes before the 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 annexation have been met.
ALTENOTiYES:
A) Approve the request by passing %the annexation and zoning ordinance pre-
pared by City Attorney
8) Deny the request by rejecting the annexation and zoning ordinance pre-
pared by the City Attorney
C) Table consideration o; the request pending further information
RECOMMENDATION:
The Planning and Zoning Conmission unanimously recommended. approval of this
request at its meeting January 36 1979. The Planning Department staff also
recommends approval of'this petition.
ACTION REQUIRED:
i i
3
The City Council should move to adopt the annexation and zoning ordinance
prepared by the City Attorney.
EYA] BITS:
{ a Memo
b Planning Commission'recomnendation
c Location Map
Planning and Zoning Coirnission Recommendation
to the City Council
Z-1370
April 3, 1979
Identity: Z-1370
This is the petition cf Ms, Ann Powell requesting annexation and Light
Industrial•(L1) zoning classification on 12 acres located on Scripture
Street, west of 1-35. i`
,
Location:
This tract begins•500 feet west of 1.15, adjacent and to the west of
the ATSF railroad tracks, on the north side of Scripture.
Recommendation:
The Planning and Zoning Commission recommends approval of this petition.
This request seeks annexation and Light Industrial (LI) zoning classi-
fication on a 12 acre tract located on the north side of Scripture,
west of I-35. The Comprehensive Plan* indicates. this general area is
appropriate for development as light industrial uses and it appears
unlikely such development would have a negative impact on surrounding
properties. Consequently, this appears to-be an appropriate land use
request,
'in regard to the availability of public facilities, utilities are
j available for extension to serve this site. Access to the site is
-somewhat restricted, however, the limited amount of traffic which
will be generated by the proposed use does not appear to present,a
significant problem.
The Planning and Community Development Department recommended approval
of this request. Of notices sent to property owners for Vie Planning
Commission hearing, three were returned in favor and none in opposition.
r No opposition was expressed at the Planning Commission hearing.
j The Planning and Zoning Commission unanimously recommended the City
j Council approve zoning petition, Z-1370.
r
j
3
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Z-1370 ANN POWELL ,
,
NO.
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO
11111: CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF
LAND CONSISTING OF APPROXIMATELY 12 ACRES OF LAND LYING AND BEING
SITUATED IN THE COUNTY OF DC'MM. STATE OF TEXAS AND BEING IN THE
B.D.D. k C.R.R. CQMPANY SURVEY, ABSTRACT NO. 193, DENTON COUNTY,
TEXAS; CLASSIFYING THE SAME AS LIGHT INDUSTRIAL "LI" DISTRICT-
PRO-PEATY; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the request for annexation was introduced at a re-
gular meeting of the City Council of the City of Denton, Texas,
on the petition of Ann Powell; and
WPERFA S, an opportunity was afforded, at a publio hearing
hold for that purrose on February 8•, 1970 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 beaa published in full at least
one time in'the official newspaper of the City of Denton, Texas,
prior to Its effective date, and after the public hearings;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTM, TEXAS,
HEREBY ORDAINS:
WTION 1.
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 land and the present and
f future Inhabitants thereof shall be entitled to all the rights
and privileges of other citianns of said City and shall be bound
by the acts aLd ordinances of said City now is effect or which may
hereafter be enacted and the property situated therein shall be
s
subject-to and shall bear its pro-rata part of the taxes levied
by Cho City, The tract of land hereby annexed is described as
' follows, to-wit:
All that certain lot, tract or parcel of land situated to the B.A.B.
and C.R.R. Company Survey, Abstract No. 193, City and Countyy of
Denton, Texas, said tract being part of'thoso tracts shown b deed
from S. 3, flay, et ux to J: Norton Raytor and recorded In Volume
<l7, Page 383 of the Deed Records of Denton County, Texas and being
forthor described as follows:
I WINNING at the north right of way'oe County Road known as Seri ppture
St,roet at its. Intersection with A he west right of way line of ATU
Railroad;
TIIENCR northwesterly along the west right of way line of ATSF Poll-
road a distance of 11000 (cot to a point for a Corner; j
r'
7
I
THENCE in a southwesterly direction along the line perpendicular
to said ATSF flght of way a distance of 600 feet to a point for.
a corner;
THENCE southeasterly along the tine parallel to and 600 feet west
of said ATSF Railroad right of way 13no to a point for a corner
in the north line of aforesaid Scripture Street;
THENCE in an easterly direction a1'ongg the north line of aforesaid I 1
Scripture Streot to the place of begl~aning and containing 12 icres
of land, more or less.
SECTION it.
The above described property i,s hereby classified as Light
Industrial "L1" District and shalt so appeor on the official ton-
ing nap of the City of Denton, which nap is hereby amended accord-
ingly.
SECTION 111.
This ordinance shall be effective inoledistety upon its passage.
PASSED AND APPROVED this the , day of ,
A. D. 1979,
CITY OF DENTON, TEXAS
I
ATTEST:
%ROOKS HOLT, CITY SECRETARY
j CITY OF DENTON, TEXAS
1
APPROVED AS TO LEGAL FORM:
CITY OF'DENTON, TEXAS
1 .
1•1370 ANN PONELL • PAGE TWO
i
MleW'C~
CITY OF DENTON
MEMORANDUM
April 3, 1979
• I
CITY COUNCIL AGENDA ITEM:
i
Consider the deannexation petition regarding two tracts in the M. T. Cole
Trust.
SUMMARY
Representatives of the M. T. Cole Trust have submitted a request for de-
annexation for two tracts of land in the vicinity of the Denton Municipal '
Airport. (The submitted petition, outlining suggested reasons for the '
requested deannexation, is attached). The two tracts, one 57 acres and
one 16 acres, are located south of the Denton Municipal Airport. Parcels '
such as this are usually brought into the City in order to insure land
use control at the edge of the developing city. These tracts are quite
distant from the developed and the developing city and it is likely other
factors, such as proximity to the flood plain, will be more significant
in controlling development here than the issue of city limit boundary.
The Planning Commission considered this request and concluded that no
'significant public interest would be served by retaining these parcels
in the Denton city limits. I
FISCAL SUMARY:
• The tax department estimates the loss of approximately $90 annually in
revenue if this property is deannvxed. '
ALTERNATIVES:
A) Deannex the two property parcels as requested i
B) Retain the two property parcels when surrounding land uses suggest +
development controls are not.necessery in this area
RECOMMENDATION:
The Planning and Toning Commission unanimously recommended deannexation of
I these two parcels in the Me, T. Cole Trust, as.did the Planning Department.
AMON REQUIRED:
The 'City Council shouli move to approve the deannexation request by in-
strutting the City Attorney to comply with appropriate state law.
EXHIBITS:
a Memo /
b Deannexation petition
c Vicinity map
I
NO. _ MARTIN THOMAS COLE, PEYITtON TO 11 W'
JANE KA1611ALL and
_ r •
BOB F. CO LE
, IT
ITTITION1;R5 - s .
CITY COUNCIL
VS.
TIfE CITY or oi:NTON, TEXAS
DEFENDANT j TEXASE CITY OF DENTO
PETITION rOR DISANNEICATION
'r TO,ThE HONORABLE CITY COUNCIL
CODES NOW MARTIN -TIMNIAS COLE, JANE MARSHALL and BOB F. COLE,
r= ,
Trustees 'of the FI T, Colo Trusts, hereinafter sometimes'referre3
to' as Petitioners, and in accordance with Article 070a of Vernon 's4
+ = Annotated Revised Civil Statutes of the State of Texas, files
this Petition and presents it to the City Secretary in accordance
with law, and would show onto this honorable. governing' body as
follows:
At -least three (5) years have past since the effective date
of annexation o4 the real property in issue. Petitioners repro-
- sent to this honorable Council that the real property the subject
of-this Petition, was annexed in 1969.
s,.c Petitioners would allogo and show unto this honorable
"governing body that the City of Denton, Texas h,3s 'failed to
,•'.'.I provleo the area heroin specified, with governmontal and proprie
tory services, and neither has tho City of Denton caused such
governmental and proprietary serviccs to be provided for such
area. Petitioners allege and believe tha: the standard and scope
of such services, which are none, arc irrelevant for tho reason
that none havo been provided, The Pot1£ionors world further
show unto this honorable governing body that,it is 'impossible to
compare, governments) and propriotary services furnished by the
City of Denton in other nroas of fhe City of Denton which have
PETITION 1:04 IIISANNIIXATION'- Pago 1
3
i
4. V,i 4,
i : . apatterns of i r
I characteristics of topography, and utYlization,
If and population density similar to that of this particular area'
fot the rcoson that there is no airport in any other,part of the-. '
City of Denton and an airport presently exists near the property II
In issue hero. J/
III. ~
Potltionors would show that there are no qualified voters i
residing within the anycxo4 area in issue bore, The Potitionors
k 11
Would show. that thoy.'are the three Trustees (and only Trusteos) 4
of the M.`1 Colo Trusts; and that as such they represent one
hundred percent of the o%ners of the real property in ;issue. '
1 + / ' - t .I
petitioners would show that the area in issue bore adjoins
the outer boundaries of the City of Denton, Texas. I
V.
I
The City of Denton has' failed to provide (within three years
after the effective date of'annexation) any.govornmental and 1
proprietary services including, but not limited to, the following
1, ,Polito protection
t 2: Fire protection `
3. Sewer
' •i. bights - i I
5. 'Struts Further, Petitioners anticipato that none will ovor be
provided `'to such area for the 'reason that the area in issue will
%
never have houses built on It becauso of its close proximity to'.. I
a runway and taxiway of the Denton Municipal Airport.
VI.
The area, In issue heroin was not lawfully within the city
limits of tho City of Denton at the,timo of the approval or sale
of any General Obligation Bonds of the City of Denton for which' l
proceeds therefrom have boon oxpondod for cop'itul improvements I
to scrva the onnoxod area in issuo,horo,
onTtrfnu rPn., I,SANNCXAT1O.N 1
.
cv#n. ~
Ti:o Petitioners heroln,' THOMLIS COl.li, JANE MARSHALL and DQB
r•
COLE, arc qualified voters and landowners and hereby request dis-
'annexation of the following real properties: 71
I1. All that certain real property which consists of S7.799 acres"
out of the Him. Neill Survey; Abstract No. 970, in Denton Count
Texas and shown as Tract 5 on the plat attached hereto and
incorporated by reference for all purposes as though sot out
at length herein. (the plat is warked Exhibit"A"),
2, All thpt.eortai'n tract and parcel of land described as follows
18.618 acres out of the J. McDonald Survoy,Abitract No, 873
In the county of Denton, Texas and shown as Pt, Tract 1 on the
attached plat which plat is hereby incorporited,by reference
for all purposes as'thou~h sot out at length horein. (the.
plat marked Exhibit "A'),
t
VI IT.
Notice of this Petition has be.•a given by means of posting "
for ten (10) days 'a copy 'of this Petition In three '(3) 'pub ic.
Tacos in the particular area annexed, and by publishing it for
rT
rte" "i"Y one (1) isstio'in a newspaper or newspapers of general circulation'
f serving the particular annexed area at least fifteen (15) days
prier to circulation of 'the Petition among the qualifiod voters
and landowners.
j
WHEREFORE, PREMISES CONSIDERED, Petitioners respectfully pra
that the realty described hereinabove be disennexod by this
honorable governing body.
Respectfully Submitted,
Approximate total acreage the 7.~.
owns within tho area in issue Ff;- _ 4 ,
is 76,417 acres
Residence a h Address:
{
r • .1'recinct Number: J F4
c.y r•` E
1 141 111 1 1—
Voter Rogistration Number:
i
Approximate total acreage she ^r~i~1 j ~n 1
owns within the area in'issue ' TAAE`7L1LL!
Is 76.417, acres
Residents Address,:
P11TITI0N FOR DISMSHXAMN • :Page 3 "
,
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Prop/erty ParcPis Requested J rcr : Doamexahon
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City of Denton J
Memorandum 1
April 3, 1979
CITY COUNCIL AGENDA ITEM:
Q-26., Consider the rc--,uest for quitclaim of a 4' portion of a 10' utility
easement located on the north side of the lot at 2508 North Locust.
•
SUMMARY:
In constructing a house at 2508 North Locust, the north wall of the house
was inadvertently sited four feet within an existing 10' utility easement.
As a result, the petitioner seeks abandonment of this 4' portion of the
utility easement. The municipal utility department, as well as Lone Star
Gas Company and General Telephone Company, confirmed that no services, are
currently located within this four foot (9') portion of the 10' utility
easement. Additionally, there are no future plans for its use as an
' easement,
ALTERNATIVES:
A) Abandon the four 'foot portion of the 10' utility easement as requested
B) Retain this unnecessary four foot portion of the 10' utility easement,
in which case it is unlikely the property will be able to be transfered
to a new owner.
RECOMMENDATION: '
The Planning and Zoning Commission unanimously recommended the City Council
abandon this four foot,portion of the 10' utility easement,to the property
owner as requested.
ACTION REQUIRED:
The City Council should move to approve the qquitclaim request and instruct
the City Attorney to prepare a quitclaim deed.
EXHIBITS:
a Memorandum j
b General Area Map c Detail Site Map
i
.
i
10 N 26 Co' TO ~
a
I f`, 12 \.20 +RTEON OF IO'
LITY EASEMENT REQUESTED
I QUITCLAIM 9a
I~
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14
15 4 s5
117
is m.
1 in
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40
17
18
12 .10 9
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p, A c Fe
109' 9G' 70' 5b' 90' 10'
14
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14.1 15 16 17 I
13
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t11a ~eaJrtl~s NI` tAt~ N1h~1`{tyke*h 'lIF `:I ~11~ ti~'
-71
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i
LOT i, ux vow. AWNTION, TO TI117 CITY 01' VI'..NTON, TEXAS.
LOT 4
4 8.78' '
toT 2 r
4' BUILDING
ENCROACHMENT
I ATO 10'
UTILITY EASEMENT .4 ,
I STORY
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I nor
504 N. LOCUST
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SO' ROW
SCALE V a 201
FILE' NU 1201 1
LOT 2, RL•SUBUIVISION 01' LGB POOL AOIIITION, AN AVIATION TO THE
CITY Of DIMON, DIINTON COUNTY, TEXAS, PER PLAT FI LMI Its PLAT
I BOOK , PACE MAP RECORDS OP DENTON COUNTY, TGXAS.
I, W, S. NASA, hereby dortify that this plot *+t og Tf
represents the results of a chainage survey
made under my direction on the ground and that
there OTC no visible, encroachments or conflicts,
I excgt as noted 'and all Improvements arC Within •W
the ounJaries' of the property.. 0 9~ fI)It',~4fI`~
ONA
1
i
CITY OF DENTON
MEMORANDUM
April 3, 1919
i
CITY COUNCIL AGENDA ITEM:
Consider a reconmendation from the Planning Commission concerning implemen-
tation of a subdivision review process, as well as a recommendation regarding
revision of the city's subdivision regulations.
SUMMARY: 1.
I
The staff, as well as,developers, have felt that the city's subdivision
ordinance and review process is not as organized and contemporary as they
should be. The basic ordinance is very old and there has never been a
formal process for staff review of subdivisions. As the first step in
improving this situation, the staff (Planning,- Engineering, and Utility
Departments) has developed a subdivision review process and schedule. The
review process is incorporated into a development guide pamphlet that also
includes current construction specifications, information on flood plains,
and a staff directory.
The object of this process is to provide an orderly procedure for review
of subdivisions. It is designed to improve communication by outlining a
1^ocess for developers and staff to work tbecther in providing 'information
tL the Planning Commission. The process provides fora timely decision on
development proposals, while allowing adequate review time by the staff and
the Commission.
The city's housing consultants have studicd this process and feel that it
would provide adequate-time for review, and still be one of the quickest
in the metropolitan area. The Planning Commission has also studied the
process. Draft copies of the review process were sent to the city's engi
neering andsurveying firms and the comments we received were favorable.
The Planning Commission has recommended that this pamphlet be adopted as
the guide,
The Planning Commission is also recommending that they undertake a compre-
hensive review of our subdivision regulations. The housing consultant
found that our current regulations are generally comparable with other area
titles, but did point out some specific changes for consideration. It is
-.important that ord!nances are reviewed in light of good standard practice
and this has not'been done for many years with Denton's subdivision ordi-
nance.
ATERNATIYES:
A) Accept the proposed subdivision revi(-., process
8) Modify the proposed subdivision review process
2
RECOMMENDATION:
The Planning acid Zoning Commission unanimously recommended approval of the
proposed subdivision review process and schedule.
ACTION REQUIRED:
The City Council shouldrAX&I to approve the subdivision process and schedule.
EXHIBITS:
a Memorandum ,
b; Proposed subdivision review process and schedule
f
i
1
I
" I
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V4 Yf. v.4.ya,
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7,
M"C 45q
•
SUBDIVISION PROCESS AND CONSTRUCTION SPECIFICATIONS
CITY OF DENTON, TEXAS
MARCH 5, 1979
This pamphlet contains important information concerning the
subdivision approval process in Denton, Included in the Pam-
phlet are a discussion and schedule of the steps in the process,
a subdivision application, construction specifications, a sample
plat, and a municipal direc.=ory. It is hoped this material will
be helpful in introducing you to the City's subdivision review t`
process and answer most of your questions, i
CONTENTS
1) Narrative description of Subdivision Process
i a) Flow chart of preliminary-and final plat
process
2) Subdivision Application 3
3) Construction Specifications
a Streets and Drainage
{ b~ Utilities
G) Flood Plain Modification Checklist
5) Sample Plat
b) Staff Directory
{
i
i
1
{
SUBDIVISION REVIEW PROCESS a
This discussion will address the typical schedule for review
of a major subdivision. A minor subdivision--involving a small
area or a change in lot lines--would follow generally the same
procedure, except that a preliminary plat is not necessary. It
should be pointed out that while this schedule offers a reason-
able guide, some circumstances may be present-which cause the
subdivision review to proceed slower or faster than indicated.
Examples of such circumstances include a very'large or very
.small scale development; a development requiring the involve-
meat of other governmental agencies, such as the Highwav
Department; or the situation in which the petitioner produces {
plans not requiring reviaion. 1
The petitioner is encouraged to consult with city staff in
the initial stages of subdivision planning,, The petitioner
should begin his discussions with a member of the city planning
staff and will then be directed to other city departments. If
desired, the city planner, will organize a jcint meeting allowing
the petitioner to discuss his proposal simultaneously with all
affected departments. This initial discussion should involve
land use, streets, drainage and utility issues: The.Planning
Department will provide informati. on land Use and zoning.
The Engineering and Planning stafi will provide information on
street issues, the Engineering Department- will discuss drainage,
and the Utility Department will provide"all information on r
every utility issue, Within the Utility Department, the Water
and Sewer Division should be. contacted for information on water
and sewer issues and the Electric Division for ilectrical issues.
i
It is the city staff's role to provide technical assistance to
the petitioner and to the Planning Commission concerning city
ordinance requirements and to make a recommendation to the Com-
mission on the subdivision plat. These staff members will try
i to anticipate their recommendation in this initial discussion
with the petitioner. It should be pointed out however, that these
reconrvmdatione will be tentative until the petitioner has submitted a
preliminary plat and there has been an opportunity to review it in detail.
PRELIMINARY PLAT '
r
The first step of a major subdivision is preliminary plat ap-
proval. The purpose of the preliminary plat is to decide basic
subdivision layout before.detailed design and, engineering work
is undertaken. The preliminary plat should show general lot
dimeisions, streets, major' drainageways,*existing streets and
easements on the property 'and in adjacent developments, water
and sewer lines, and a vicinity map,
c
2
Five (S) copies of the preliminary plat and a plat application
form ohould be submitted to the City Planning Office by S p,m,
Friday, Is days prior to the Planning Coimmiesion meeting at
which action is desired. (The Planning Cormmiecior, meets at
6 p^ on the first and third Wednesday of each month.)
Upon receipt, the city planner distributes a copy of the pre-
liminary plat to each municipal department, On Wednesday, one
week prior to the Planning Commission meeting, a joint meeting
of all affected departments is held to determine the staff
recommendation on the plat. The city planner.. organizes the
staff recommendation into a written form and will make it avail-
able to the petitioner ThursdD afternoon. The petitioner is
encouraged to discuss elewents in the staff comments which he
does not understand`or which he questions. 'Frequently, issues
can be resolved through discussion.
The petitioner has these options:
1) The preliminary plat may be revised in accordanco with staff
recommendations.
Zf the petitioner chooses to do this, the revised plat ohould be cub-
mittod to the planning office by S P.M. Tuesday, one day before the
Planning Commission mceting, co that the staff can provide the r.-vised
plat to Corivr(eaionere, i
2) The petitioner may prepare a written response'to staff com-
ments,
If the petitioner wishes to hava these comments included with the
Planning Commission aganda materialC, he should submit them to tha
planning office by t p.m. Friday, Staff cor-rents and a copy of the
plat are sent to Connica icners on Friday, five days boforo the meeting.
3) The petitioner could wait and address the Planning-Commission
at their meeting,
4) The petitioner may postpone considerations of the preliminary
„
plat.
If the petitioner chooses to postpone consideration of the plat, written
notfioation to the planning staff is requested.
The Planning and Zoning Commission considers the preliminary
plat at its regular meeting on Wednesday. The petitioner will
be invited to review his subdivision proposal be-fore the Com-
mission. The planning staff will comment on the subdivision
proposal and if there are special staff comments, the interested i
( department or agency will be present to address the Planning
Commission. Public comment is also possible at this time.
Normally, at this point there is an informal discussion involving
the Commission; staff, and developer, f
The Planning Commission considers petitioner,' citizen, and staff R
comments aA takes action.on the preliminary plat,
I
i
3 .
FINAL PLAT
i
Approval of the preliminary plet by the Planning Commission 1
signifies approval of the general development proposal. When
this occurs, the petitioner can begin preparation of the final
plat and the detailed design and engineering work on utility,
drainage, and street systems, 'I
Three (3) seta of engineering plans, five (5) copies of the plat,
and a plat application form should be submitted to tho city plan-
ner by 5 p.m. Ftclnesday, 14 days prior to the Planning Commission
mooting at which action is desired. 1
City departments will utilize the first five days reviewing
the final plat and plans.- A joint staff meetini will be held
on Wednesday, one week before the Planning Comm ssion meeting, i
h in order to determine the staff recommendation. The city
planner will organize the staff recommendation into a written
form and will make it available to the petitioner Thursday
afternoon. The petitioner is encouraged to discuss question-
able elements of the recommendation with the staff. Frequently,
issues can be resolved in this way.
The petitioner hat. these options:
1) The final plat may be •:evised in accordance with staff I
recommendations.
If the petitioner chooses to do this, the revived plat and plane
should be submitted to the planning office by 5 p.m. Monday, two
dayo'before the Planning Commission meeting.
2) The petitioner,raay prepare a written resporise to staff
comments.
If the petitioner wishee to have thoje comnonts included with the
Ir Ptanving Commission agenda materials, he should submit them to the
planning office by Z p.m. Friday. I
3) The petitioner could wait'and address the Planning
Commis- sion at their meeting.
}
k) The petitioner may postpone consideration of the final plat.
If the petitioner chooece to postpone consideration of the plat, witten
notification to•the planning office is requested.
j The Planning and Zoning Commission considers the final pplat at
C J its regular meeting on Wednesday. Tho ket.itioner will be in-
vited to review his subdivision proposal before the Commission,
The planning staff will comment on the subdivision proposal
and if there are sppacial staff comments, tho.interested depart-
ment or agency will be present to address the Planningg Commission.
Public continent is also possible at this time.- Normally, at
this point there is an informal discussion involving the Com-
mission, staff, and developer.
t
i
I
Mal
The Planniq Commission considers petitioner, citizen, and staff
comments an takes action on the final plat.
Before the plat can be offiaiai,ly filed of record, the petitioner
must provide two (2) paper copies and one (1) reproducible copy of
the plat for signaturv by the Planning Comnieaion Chdirmn. Each
of Was copies must contain sj~ inal owner, surveyor, and notary
signatures and are normally provided prior to the Planning Comnisaion
meeting, A*$S:00 plat filing fee and three (3) corrcated copies of
engineering plane are oleo required iujin•u tiw piac is Iiied.
1 t
1
The review process and schedule outlined above are not required
+ by law but are recommended by the Planning Commission as the
proper approach to subdivision review. This approach is de-
signed to facilitate subdivision 'development by providing an
i orderly process for staff and Planning Commission review so #
that the ppetitioner can receive a timely decision on his pro-
I
I
sal. The process is not meant to be inflexible, however. {
e Planning Commission will consider•'any subdivision proposal " J
for which the petitioner has submitted a plat and plat appli-
cation form in time ro be properly posted on the agenda. If
there is insufficient time for adequate review however, the
Planning Commission will table consideration o the subdivision,
I
••>w.w-neaww.asr,w+war. t..,.♦.rr.....
{
II
'PRELIMINARY PUTT PROCESSING
Informal consultation with.the city staff is recommended prior ~
to "hard design," Contact the City Planners office for ar-
rangements.
Submit Preliminary Plat (5 copies) and Plat Application by Fri-
' dayy, 5 ,m12 days prior to Planning Commission hearing date,
(Tho Plpanning Commission meets the first and third Wednesdays
of each month,)
i
Plat is circulated and reviewed by city staff. A meeting of
all city departments is hold-Wednesday to determine the staff
recommendation,
Written comments are available to the developer on Thursday
afternoon, six (6) days before the Planning Commission meeting„
i
The developer is encouraged to meet with the city staff con- '
earning comments on the proposed plat.
if the developer decides to revise the plat, it should be sub-
twitted Tuesday, 5 p,m,, one (1) day before the Planning Com-
I~ J, 'mission meeting Notet Applicant may reseledulo the hearing
if additional 'time`is-desired.
Planning Commission meetingg first and third Wednesday at.5 P.M.
The Planning Commission r.makes the decision on all subdivision
proposals.
' s
i
i
I
FINAL. PLAT PROCESSING
Informal consultation with the city staff is recommended prior
to beginni,ig the final plat. Contact the City Planning Office
for arrangements.
i
r 1
I
Submit the final plat (5 copies), Engineering Plans (3 'copies) I
and Plat Application by Wednesday, 5 p.m.,•14 days prior to
the Planning Commission meeting.
Plat and plans are circulated and reviewed by the city staff.
A meeting of all city departments is held on Wednesday to de-
termine the staff recommendatio(n~' ~
Written comments are available to the developer on Thuredal
afternoon, six (6) days before the Planning Commission meeting,
z
The developer is encouraged to meet with the city staff con-
cerning counnents on the plat or the plans. j
j I
If the developer decides to revise th.. plat or plans, the
i should be submitted Monday, 5 two (2) days before Xe
Planning Commission meeting.' Note: Applicant may reschedule
~I the hearing if additional'timo`ie needed.
i -
Planning Commission meeting occurs on the first and third
Wednesdays of the month at 5 p.m. The Planning Commission
makes the decigion on all subdivisions..
Final Plat (3 copies), Plena (3 copies), $5 filing, fee are sub- '
mitted to the City Plnnner and ho'files the plat. These arc I
most often provided at the Planning Commission meeting and must`
be provided before the plat is riled.
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SUBDIVISION APPLICATION
She is submitted for
~ (Subdivision NamoF
approval by the Planning Commission
Preliminary or Finai
at their meeting on I either own the
• Hate)"- ;
property or have been authorized by the owner to submit the
subdivision proposal,
Signed
Address
I
Principal If different)
Name ~
Address
1
Notei The City-Planningg Department can provide an outline
that describes NO subdivision process in detail. }
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CONSTRUCTION SPECIFICATIONS
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Is Street Construction
A. All streets must.have 6" of lime stabilized subgrade
B. Residential street sections can be 6" of crushed lime,
storte•with 2" of THD Spec. 340, Type D aspphalt or 5"
of THD Spec, 340 asphalt Type D and Typo A, (from the
old 1962 manual) proportions shall be l;" and 3h"
respectively '
C. All streets shall have,stand up curb-and gutters the
width of the curb and gutter is 24", curb 6" high
D. Lime subgrade shall ertend•I" in back of the curbs
E,. Dimensions of new streets not connecting to any
existing streets shall be as follows: ,
1. Residential 31' back of curb to back of curb
2. Collector 41' back of curb to back of curb
3. Arterial 49' back of curb to back of curb
F. Present policy of the City is to pay for any paving
over 34 in width
0. Minimum street grade shall be 5/10 of 1%
H,, Maximum warp from top of curb to top of curb shall
be .7
II. Drainage
f A, All drainage calculations shall be made using Denton's
drainage manual
B. The drainage plan dill be used as a starting,point
and may be revised to meet the developers needs, pro-
vided all changes are made using the procedures out-
~J lined in the manual
C. Current policy of the city does not reimburse the
developer for any cost incurred in impro'ring the
drainage
D. All calculations shall be•submttted with the design
E, All drainage pipe shall be R.C.P. Class III
' F@ 'Check development for location with reference to the
Flood Plain, Attached list outlines requirements for,
Flood Plain work.
Rol
Construction specifications -2-
III, Utilities
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A., Naterlines
1, All waterlines will be cast iron;' Class 22 or
ductile iron, Class 50
2, Minimum size shall be 6" in diameter
3. All hydrants shall be Mueller
4. All service lines shall be Type K copper and shall
by extended from the main to the property line
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5. A 1 Corp oraliuub auu Lucy ewya„ d++u,ia uc r+uu1
James-Jones or equal
6. Working pressure for the lines shall be 150 PSI
7. All fittings and valves at hydrant locations shall
ba flknf;ed unless otherwise approved by toe Utility
Department
8. Hydrants shall be a maximum of 500' apart
9, Main line valves shall be installed at each inter-
section or tie-in or every 1;000 feet of main line
10. All valves shall be Mueller valves
11. All main lines sh ll have 42'of cover for piping
sized 12" or smaller
B: Sewer Lines
1, Clay tile, PVC (SDR 35), cast iron or ductile iron
ma be used as sewer main'
2. All mains shall be a minimum of 8" in diameter',
3. Minimum grade for all sizes shall provide for a
velocity of 2' per second
4. Backfill requirements shall be as recommended by
the manufacturer
50 -All manholes shall be monolithic.concrete construc-
tion,
6, All services shall be tied into the main line with
` a standard wye connection
7. All services shall be,a minimum of 4" in diameter
8. Any main line with 12 as than 3' of cover shall be I
cradled
9. Manholo spacing shall not exceed 500'
f C. Electric
1. Satisfactory casements include final grade, shall
be furnished by the developer
2. If developer wants to pay differential between
overhead and underground electric service, he
must submit request in writing with the prelimi-
nary plat
3. 4asements will not split lot linos - must be 16'
wide
4, 'Underground, electric is'not normally'. available
-along the p6rimetor of a plat unless the use of
adjdcent property is known
E
Construction specifications -3-
5. For overhead construction side guy easement
(5' x 35') must be furnished at turn or deadened
ppaints
6. Dead end easements are not acceptable
D. Street Lights
1. Developers shall furnish satisfactory easements
Fir inntal.lation of services to street lights--
.normally 5' wide along cast side sof llots.
deter-
2, Street light number , type, mined by the utility department.
3. Developers wili,pay prorate cost of street light
installations
` 4. sStreet ectionsiculdesac,nandaapp qq roximatelya300' intervals
on•tangent streets
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FLOOD PLAIN MODIFICATION CHECKLIST
CITY OF DENTON, TEXAS
The following items should be included in anyproposal f ortheang-
ing the existing flood plain,
Federal Insurance Administration in Washington, D. C.
1. Map of Watershed in Question
A. Scale - 1" a 400' minimum
B. Existing.contours - 2 foot interval
Drainage areas shown
D. Acreage of each area
E, Runoff factor for each area
F, Existing 100 year flood plain boundary
II. Map of Proposed Improvements
A. Vertical w i horizbntal alignment of existing and
roposed cl,,.nnel
Proposed cross:sections of channel with water surface '
elevations ;
C. Proposed contours - 2' interval
D, Proposed 100-year flood plain boundary or floodway
III. Calculations
A.. Hydrology
1, Type'of model to be used
2. Area calculations
a. Slopes
b. Times of concentration
c. Runoff factors .
d. Location of points considered along channel
with final flow rates
o. Rainfall intensities usci
8. Hydraulics
Type of model to be used
2. $ackwator calculations
a. Slopes
b, "n" values
.a, Assumptions ,
d. Energy losses
e. Cross-sectional areas
f, Hydraulic radii
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' BAlkil 11"Itlll A4~4114t1 bW N VI
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E MAXTHUM ACCEPTAELS FILING $Rtt. 1t8f1, x 8411
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STAFF DIRECTORY
Tho following individuals are suggested as the best contact
• persons on these topic areas. It should be emphasized that
the final staff recommendation on any subdivision proposal
cannot be provided until a plat is submitted and reviewed.
1) Subdivision Process - Sam Listi, Urban Planner
and Zoning Development Review
382-9601, extension 230 „
John Lavretl.a, City planner
382-9601, extension 231,
2) Street Design - Rick Svehla, Director of Engineering
382-9601, extension 235
- John Lavretta, City Planner
r 382.9601, extension 231
3) Drainage and Flood Plain - flock Parker, Engineer
382-9601,. extension 230
i
j -''kick Svehla, Director of Engineering '
j 382-9601, extension 235
4) Water and:Sewer - Earl Jones, Water and Sewer
Superintendent
382-9601, extension.225
- Bob Nelson, Director of Utilities
382 9601, extension 226
' 5) Electrical Utility - Ernie Tullos, Assistant Directdc
of Utilities
382-9601, extension 222
- Bob Nelson, Director of Utilities
.382-9601, extension 226
6) Site and Building - Jackie Doyle, Building Official
Plan Review 382-9601, extension 231,
- Rick Svehla, Director of Engineering
382-9601, extension 235
7) Subdivision Construction - Mack Parker, Engineer
Inspection and Approval 382-9601,'extension 230
- Rick Svehla,-,Director of Engineering
382-9601, extension 233
Val
April 3, 1979
CITY COUNCIL ALFA DA ITEMt
SUDJECTt Consider Awarding Contract for Painting Exterior of Elevated
Water Storage Tanks Located on Riney Road and Peach Street,
SUMMARYt on Thursday, March 92, at 2:00 P.M. at an open public meeting,
en for the city of Denton received and
the Purchasing
A 9 ,
opened, bids for painting the exterior of the elevated water
st^ra9o tankL.^3~on Riney Road and Peach Street. Pour
contractors had requested copies of the plans and specifi-
cations. One bid was receivedi that of Blue Ribbon Lining,
and Painting, Inc. of Houston. These tanks were last painted
i approximately 10 years ago. This project has been budgetod
for the past thice years, but due to insufficient revenue,
it has been deleted. These tanks will be painted the same
color and design, They will be roller or brush painted, not
spray painted, to reduce possibility of overspray to the
noighborhoods.
FISCAL SUMMARYt
Repainting-the 2 million gallon Riney Road tank $400500
Repainting the 3600000 gallon Peach St. tank 180000
Total for both tanks $580500
f $65,000 had been budgetod in the 1978,99 Cudgets for the
interior and exterior painting of the Rney Road tank.
Thls tank wan recently drained and inspected and it was
found to still have an excellent interior paint. There-
fore, the funds originally intended'fQr the interior of the
Riney Road tank are being recommended to be utilized on the I
exterior painting of the Peach Street tank. Thd painting i
of the exterior of peach Street had previously been planned
for tho 1979-80 budget.
ACTION REQUIREDt
Acceptance of bid-and award of contract to Blue Ribbon '
Lining and Painting, Inc,
ALTERNATIVESt
Approvalt This will conform to proper maintenance of thnso
facilities,
c ~
Reject Bids and Rebidt This will result in delay. It is
desired to paint these before extreme foot summer weather
arrives. it is not anticipated that any lower bijs will
be revoived.
a
STAFF RECOMMENDATIOVSs
.
The Public Utility Board reviewed this bid at their meeting
of March ^7, 1479, and recommend approval of the Contract to
Blue Ribbon Lining and Painting, Inc., of Houston, Texas,
for the amount of $58,500. The Ctility Staff concurs, Freese
and Nichols also recommended award of the Contract to Blue
Ribbon Lining and Ppintinq,'Inc.
Robert E. Nelson, P.E.
Director of Utilities
Exhibit
I recommendation from Elvin Copeland, Freese 6 Nichols
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SIMON W. mast I
' JAML\ 61. NKIION
NOWN1 t' W1,01.111
uc P. ryllIU
FRSRSE AND NIC1101S, INC. J"oC►AUI JON"
009N.A1 A. TNOMMON III
C O N S 1) L I I k G I N G I N t t t t Ja MAY91
OCIC C, AILC"
W. tANttt CLtMCNT
9WH C. tOPLLANO ,
JCNIH 11. COOK
T. AN1NOItT ACII
1 CART N. ItME11
March 22, 1919
Ar. Robert F. Nc..snn, P.F. I
t,+ Director of Utilities 1
City of-Denton
Municipal Building "
Denton, Texas 76201
•Ros Repainting Elevated Tanks
Contract Award
Dear Bobt > 1
Bids were received this date in your City Ball for cleaning and repainting
the 'exterior surface, of two elevated water tanks - thc,2•.0 MG High School
tank and the 0.36 MG Peach Street (TWU) tari.
Only one bid was received - that of Blue Ribbon Lining and Painting, inc.,
I Houston, Texas. Their bid for the work was as followal
$epainting Nigh School Tank , $40,500.00
Repainting Peach Street Tank is 00„0.00 ,
Total for both tankst 58,u00.00
Notice to bidder forms concerning this project werci'mailnd to seven painting
contractore in the area, and advertisements were plnced in the Texas Contrac••
tor,•Dodge Reports, and ACC publications, no well as in the Denton Record
Chronicle. Four painting contractors, including the Blue Ribbon Company a-
bove, requested, and were mailed, specifications for the project, One of them
Mid-South Tank and Utilities, inc., is the company who originally painted these
tanks t,,n years ago. They have told us they did not submit a bid this time be-
cause of their work load. Craver Tank one MAR. Co. in Houston, whu also had
specifications, indicated they had the same problem.
J We are unfamiliar with the bidder on this project, but have called several
places where they have pninted tanks recently, - the City of piano, and the
City of Van as well•ns o tank construction firm, Tank Buildera, Inc. in Wesel
TexAa. We have receive: excellent reports on the company from .111 sources.
' JiLtrICONt 41T !!!.7161 ill LAMAR stnttr ronf oPPI vtxA@ taffli
.
Robert E. Nelso. - res Repainting Elevated'Tanks Contract Award
Although the only bid received is approximately 10% higher than our estimate
for the project, we believe it is doubtful that contractor's work load con-
ditions will change matetially in the next few weeks, and doubt that there is
much to be gained by re-advertising the project.
We therefore recommend that the contract for repainting the exterior surface
of the Nigh School and Peach Street Elevated. Tanks be awarded to Blue Ribbon
Lining and Painting, Inc. at their bid amount of $58,500:00.
Please call if you need additional information concerning our recommendation.
Respectfully submitted,
FR/EESE 6 N101OLS, INC.
f Elvin C. Copeland, Y.E.
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April J, 1979
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CITY COUNCIL ACENVA ITEM
SUBJECTs
Consider awarding contract for construction of water and sewer
improvements at various city locations.
SUMMARYt
This project involves the following water and sewer line
improvements which were included in the 1978-79 Capital
Improvement Plan: (see Exhibit I)
Water Liness
Stanley ttreet - Replace 2,335 of 6" line with e" line
Panhandle and Emery
Thomas Street - Replace 2,430' of 6" line with 8" line
Panhandle and Emory' j
Bellmeade St. - Replace 880' of 6" line with 6" line ' J
• Cr@scent and Emery 1
Mimosa'Street r Replace 2,272 of 6" line with 8" line
Hinkle and-Bolivar
libber Street - Replace 845' of 6" lino with 8" line
Linden and Cordell
Sewer 'Lines
' Stuart Road - Install 4,800' of 15" line from Stuart ?
r to Devonshire
r FISCAL SUMMARYt y
' Costal Stanley St. Water Line $451748.49
' Tsomas St. Water Lino 46,212.42
Bellmeado St. Water Lino 200562.58
Himosa St, Water Line 43,709.85
Cobor St. Water Line 18,207.95
j Source of Funds
"'Budgeted 1'Unds for Water Line ¢175,531.29
ilond Funds for Sewer Lino 1811196:7]
• j
f Total 9356,728.00.
ACTION WVUIREDs
Approval of bid of Dickerson Construction Company of Celina, Texas, t?
in the amount of S35G.720,
ALTERNATIVE91
Resubmit for Additional bids - The staff and Public Utility Board
fool that this alternative would not result in a more favorablo
price and would cause delays on these improVoments,
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RECOKWDATI0N1
I The Public Utilities Doard, at their regular meeting on
Tuesday, 'Urch 27, 1979, recommended the Bid be awarded
to Dickerson Construction Company of Celina, Texasp in the
amioont of $356,728. The Utility Staff concurs.
El0I1BITSt
I. Memo Regarding Project Scn.rw'
i II. Bid Sum ary
III Capital,Improvement Plan.
R. E. Relsono P.E.
Directer of Utilities
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April 3, 1979
sUBnm water and Sewer Improvements
At 2100 p.m. on March 221 1979, public bids were received and opened at
' Denton City Nall for water line improvements on Stanley, Thomas,
Bollmeade, Mimosa and Gober Streets and a sewer line addition from
W6L WAraor
atuacv Iwau : : '"~lawRM~rls~dR.'Kr: MFa~LFtt:aNN~i .•ti.
idllUiAKA.ta MIL A1V*.A~ ,
Drive, These six projects were packaged into ono project a.n an etlvu
to gain more favorable bids than bidding each project individually.
Plans and specifications were sent to 10 contractors'and four bids were
returned.
In the 5 year Capital Improvement Plan prepared last summer, project ;
cost projections were•developod for these imp.,ovemcnts in the amount of
$2404200. The water line projectr were set up in the plan to be
paid from current revenues while the sewer line project being paid from
Bond funds. The difference between the lad bid received and the project-
ed costs of the projects is $116,52x.
The discrepancy between the projected costs and the low bid price is +
largely attributed to current economic conditions plus the original
estimates were lased on city crews rather than contractors. Inflation
has played a me or role in escalating project costs. Contract prices I
£cr similar projects have increased from.10% to 17% ;n the last 6 months.
},,,other factor contributing to tho escalated price was on tho Stuart
~
Road sewer line where original projects called for the 15" line to
parallel the existing 12" line, when the area was survoyed, it became
apparent that the line would have to 'cross a creek in order to paial..
lel the existing line. This will necessitate additional concrete wdrk
! in the creek to prevent a washout of the creek bottom.
As.a result of the higher bid price, it will be necessary to re-examine
the Capital lnprovement Plan to determine the impact this bid may have 1
on future projects. 1
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Fmbert E. Nelson, P.E.
i Director of Utilities
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SID "550
BID Water and Seder Improvements ickerson Chas. Turner Nall 1
oa various city streets along •onst. Co. CohentInc Const. Const.
OPEN C_ Dper Creek 3/22/79
1
ACCOUNT
QT ITEM DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VE D
Total Sid Price 356 728.00 -534,855.0( 369,775.0 $74,216.39
r.+iwlAKn7e+ti4+iMir 1s1~•rt<'.43~.t iiJaw~~iMb,W,aweYstA4~{iNhA Yes Yes Yes Yes
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CITY OF D ENTON,TEXAS
DEPARTMENT OF UTILITIES
WATER DISTRIBUTION IANICT TITLE, PAOJECT NO,
DIVISION STANLEY STREET WATER LINE IMPROYEMEPIT
PROJECT. NARRATIVE
• LOCATION MAP
This project involves replacing .3300 feet of b" water.
I Y
JUd!
main line with V water line.on Stanley from Panhandle.
to Emery, s
two.
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• ' . L~L.~ ~C1~..1~ .rte
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CITY OF 0 ENTON ,TEXAS ;
DEPARTMENT OF UTILITIES
WATER DISTRIBUTION PROJECT TITLES PROJECT NO
DIVISION. TANLEY STREET WATER LINE IMPROVEMENT
PROJECT. NARRATIVE LOCATION MAP'
This protect involves replacing 3300 feet of 6" water. fr El
~~HLI-tr
main line with 8" water line. on Stanley from Panhandle. ~LJ~i
to Ecery.
~Q E,
Ft= F
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CITY OF DENTON 'TEXAS
DEPARTMENT OF UTILITIES l
WATER DISTRIBUTION PROJECT TITLE
PROJECT NO.
,
DIVISION STANLEY' STREET WATER LINE IMPROVEMENT
_PROJECT acscRlPTION '
' PROJECT SCIIFDULE START FINISH
Replacement of 3,300 feet of 6" water main line with an OESIGV Jan. 1 1919 March 1 1979
8" line on Stanley from Panhandle to Emery.
_ SID PROCESS
March 1 1979 Aril 1 1979
1 CONSTRUCTION April 1, 1979
PRDJFCT COMPLETION
EST141ATED ANNVAL OPERATING cosrsl October 1, 1979
OPENING YEAR, FOLLONING YEAAI
1 PAQlECT COSTS '1171 - it
+s7► - ao wlo Ilu it lilt- As
((s:r 2 376 - - 11
Ll+~/FT •-tl _MAT
Owl? 19LOCLtiCN
r l tsifr:.t.r
`-ItA :ATi:ti !111(4 AND LAIIII A~Nl
t i~r; 111f(v!
rLtv(NT Aq ne.,luws on rac or
CT It
T:TAI e:lrl
SCVRCES OF FVNDS
f LP44A. C1(•AT1143 FUND
1••.:1 rafts
1 1:4;1 kit 4•a1t0
rt~tN;t I+,s,tis rwz:1
F L•(UL COAST F4'4:!
t7vv,'a II 90tto"tST ,
y Ti LITT AIrt4 Lt t:SDI
NIVIT 0Ar4/ ru«s 39,600
tr.t(
TOTAL SOVACES 39,600
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CITY OF D ENTON ,TEXAS. .
DEPARTMENT OF UTILITIES
'DATER DISTRIBUTION PPocCT 7111.0 PROJECT NO.
DIVIc;ION TNOYAS STREET WATER LINE IMPROVEMENT
.~owr,,r~l,r;ww,a,Mt PROJECT NARRATIVE LOCATION MAP r
bw
Il ~ lJ This project Involves 3300 feat of b" water mainline with `'ll;
L i ~1.1~.5t___J
Stl line on Thous from Panhandle to Emery. ~ , i ~I`-j("""~;~ .
w..
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Or
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CITY OF DENTON 'TEXAS
DEPARTMENT OF UTILITIES ~
I
WATER DISTRIBUTION PROJECT TITLE, PROJECT N
DIVISION THOMAS STREET WATER LINE IMPROVEMENT ~
PROJECT DESCR'4104 PROJECT SCHEDULE START MIS!i
DESIGN January 1 1979 March 1 197g
Replacement of 3,300 feet of 6" water main line.with LAND/RIGHT-or-WAY
8" line on Thomas from Panhandle to Emery,
BID PROCESS March 1, 1979 Aril 1, 1979
CONSTAUCT16N Aril 1, 1979
PROJECT COMPLETION October 1,1979
ESTIVATEO AI:NUJJ, OPERAIINO COSTS, OPENING YEAn, FOLLOWING YEAR,
PAOJECT COSTS 17l4 -It W1, - 10 1110 - 01 lilt - AJ l1tJ- IJ
tsar 2,376
1
Ct+!/Iaf~Cf rMl,f
VI'Al At6CCLT1C% ,
txltA.cn:r s+sftcric,r
2,376
ItA :1T.:1 Jl{f(W L+0 UN"CAP.uO .
f~'v:; Ntttvl
t~',1'trf A\~ ICRV1w,N:J
-ContrArtor
~ Ct~t1
T:fAt e:JTI - 39,600
-
I 5000S OF FUNDS
i CMR,: Vtunrs ruvo
t:•.:~ raTC~
• f:+:J +Jr vafto
~htva f~+RAJ ►ua:f
l /L•N ours lava
I tCn•J.iIT CfvR01oUR '
4ti►tt~ Atvt~tt IOROJ I
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Y1•Lti} OIfRlTlh9 /uho 39,600 CtratA
TOTAL'S 'Sums.
I
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CITY OF 'D ENTON ,TEXAS
DEPARTMENT OF UTILITIES
WATER DISTRIBUTION PROJECT TITLE$ PROJECT NO.
DIVISION BELLMEADE STREET WATER LINE IMPROVEMENT
PROJECT NARRATIVE _ LOCATION MAP.
.L
This project calls for the replacement of 1,000 feet of
b" water main line, with 8 line on Bellmeade from I or.t.-P
Crescent to Emery
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CITY OF DEN I.ON TEXAS 1
DEPARTMENT Or UTILITIES '
WATER DISTRIBUTION PROJECT TITLE + PROJECT NO.
DIVISION BELLMEADE STREET-WATER LIME IMPROVEMENT
PROJECT DESCRIPTION- PROJECT SCHEOULE START M198
' DESIGN Januar 1, 1979 March 1 l ~
Replacement of 1,000 feet of 6" water main line with.,,,, LANo/RIGHT- ov-waY
an 8" line on Belimeade from Crescent to Emery-
BID PROCESS March 1, 1979 April 1, 1979
CONSTRUCTION Aril 1 197
PROJECT COMPLETION October 1 1979
ES 1-VATED ANNUAL OPERATING COSTS, OPENING YEAR, FOLLO'OdI':G' YEAR,
I
PROJECT COSTS olil-7) wl-19 IM-11 IM-11 Il1t-1I
ttt :r
yrisif+ IRO:ItiCr
10 560 t7.ltlat:v in:+EtTiOn
I ,lA yt :r trittw AID UrplLM~r9
1':r4 S+STtut
I VNE %I A0 Contractor
I t1'tA
T:rl~ tart 12 000
4C4.;1ES Of FUNDS
tt`•EA1'. C+tA1Tir7 /ur0
I'~:S l)1 r0+{0
1ht4:t SOMAS lur)t ,
6*4 *4
I
t:,w:•. tt ttrt~0l~tvf
YhUtT etltru[ l:r)I ~
4I UfT O/tA1f:b0 •uh) 0
i
Ot.tA
TOTAL SOURCES M000
CITY OF D ENTON TEXAS
DEPARTMENT OF UTILITIES
WATER DISTRIBUTION PROJECT TITLE, PROJECT NO.
DIVISION MIMOSA STREET WATER LINE IMPROVEMENT '
PROJECT NARRATIVE I,OCATIO?I MAP
This project will repl.ce 3100 feet of 6" main water line~'~'~ '
I..
with 8" line on.Mimosa from Hinkle to Bolivar. ~'I ~ •
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CITY OF . DENTON 'TEXAS
DEPARTMENT OF UTILITIES ~
WATER DISTRIBUTION PROJECT TITLE , PROJECT NO,
DIVISION MIMOSA STREET WATER LINE IMPROVEMENT
PAOJECT OESCAIPTION PROJECT SCHEDULE START FSNISts
DESIGN October 15, 978 m,?
Replacement,of 3,100 feet of 6" water main with an 8" LAND/RIGHT- Of-WAY
line on Mimosa from Iiinkle to Bolivar.
HID PROCESS December 15. 1Q~
CONSTRUCTION January 1 7
PROJECT COMPLETION June 15, 19M
ESTIVATED ANNUAL CPERATINO COSTS, OPEN,NG YEAR, F0006ING YEAR,
PROJECT COSTS VI - f/ itil - 10 ' 1110 - 11 11U - I) 1111- 10
(tl:r 9 ~
I.:rf - Cl-elf
Ltp,ltf F(LCC ITICr
C:~if 1;'U:r '
I,1 :If ;r Iflf(W AN) IAN:11MOM
• f :N~: NIltyl
WIL Mill (0: wtrt ILAc,ywtd:y
I C1•t1
37,200
SCOFCES 'OF FUNDS
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I:N:1 N)T r:f(o
I1,IN;t PMA3 FuN,I
M14611 Cur? Iur:l '
C:vv„+fT 0t+(60"11NT
YttlltT 1~trtrLl IoNa
Y?'ll[r o1(IIFeO rur0
371200
'I Mill
TOTAL SOURCES 7
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CITY OF D ~NTOU ,TEXAS...
DEPARTMENT OF UTILITIES
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WATER -DISTRIBUTION FAOJECT TITLE' PROJECT NO.
DIVISION GOBER STREET WATER LINE IMPROVEMENT '
• PROJECT NARRATIVE LOCATION MAP
U . '
This project calls for the replacement of a 6" water',main on Gober Street, going 400' south., 11 PEI
~L~~wY, Carlta• h~~ 1,,~J,er. w;~~ ~Q f~~~~
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14 10, 26112
CITY OF DENTON TEXAS
DEPARTMENT OF UTILITIES
WATER DISTRIBUTION PROJECT TITLE 1 PROJECT NO.
DIVISION GOSER STREET WATER LINE IMPROVEMENT
PAOJECT DESCRIPTION PROJECT SCHEDULE START FINISH
DESIGN October 15. 1978 Oect:'r'ber 15 1978
Replacement of 900 feet of•61' water main on Gober from LAID/RIGHT-OP-WAY
to between Linden and Carlton w:~h wNtt,Q%Ntl BID PROCESS December 15, 197 January
Westtk tsl+r -
CONSTaucTIOH January 15, 1979
PROJCCT,COMPLETION June 15, 1979
ESTRAATED ANNUAL OPERATING COSTS$ OPINING YEAR, FOLLOM140 YEAR:
PAMCT COSTS i1t1 -III Y'f i0 1140 = it [sir - N 3111- 71
tli:v 8
L07 / A';4?-CA-wit
y tl''Ir1 AC~CCMCN .L..
C•0 n::tl:N 9,504
0-114.M:14 I~srtttrcN 648
I&A 1At;;4 VM14 AAO UND1CAPINO
81:v: ST11ty!
114*1 1 Nt Av0 6R---1 41N,9 CnntrACtnr
tt•ti ,
WAL Celts 1
i SMCES OF FUNDS
; cc.tA+: utA+r~NS ruw
1: a v0T[D
s:•:s *;t Deno _
maul CAAVt rw;1
Cb+~:•.Itr elitlGAVtNt
YhUtt AN'ta 40N;! '
'j 0101r 01IAATA4 101 1
NMW,707AL SOURCES a 8aa
ww•r•~,YMlwwr'wM.Y.r...aTMM.J..w..'~M.I~f1~wYYy~~,I.,,~a„I~y~yfMliF ~
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CITY OF D ENTON TEXAS...
DEPARTMENT OF UTILITIES..
SEWAGE 0OLLECT1011 PROJECT TITLE, PROJECT NO.
/
. I
DIVISION STLART ROAD SEWER LVE iMPROVEMDT ~
PROJECT NARRATIVE LOCATION NAP
This project cOn',its of replacing 4,600 feet of 12" sewer ~I ~VI _•i:. 1' ` '
Hain line with ,l5 line on Stuart Road'from Sherman to ~G~•_ ?C,~„~r-~~s
I Devonshire.
+ ~ i7. ~i~s~~~/ ~/(~J/ l0 7 I tne.4 r • • wa ~1 tf
- 0.%3?~~~ w
vq 1-4
~Jl~' UU i~ , JJJJJ f F L~
117
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CITY OF DENTON ,TEXAS
DEPARTMENT OF UTILITIES ~
SEWAGE COLLECTION PROJECT TITLE r PROJECT NO.
DIVISION STUART ROAD SEWER LINE IMPROVEMENT
_PROJECT oESCAIPTIOY PROJECT . SCHEDULE 111
START fiN15N
Replacement of 4,600 feet' f0 12" sewer main with a oES;Gri ct r 15 7 m
15" line on Stuart, Road from Sherman to Devonshire.
' LAND/R GHT- Of-WAY
Bin FROCESS. December 15, 1978 January 15, 1979
CONSTRUCTION January 15, 1979 11
PROJECT COMPLETION June -15,1979
ESTvATEO ANNJAL OPERATING COSTSI OPENING YEA31 FOLLONtfiS YEARI +
PANICT COSTS 19TI - re IM - 116 rlea » u list - It Mt- IS
r(s:. 4 i40
lltiy / 1 :41-0! -N1T
Yti~i11 ItLttIhON
C:4111:11C\
.
ty.{s 1;:n:v Iss+ttrau ___6017 0
411
IIA .1T'.:V Ir{tt4 lA~ 1A40eGVuN3 _
`►.i t.r n) ruwsul~os ontrat or "
r;rlt ::{rt 69 000
SC0.-ES OF FUNDS
tC•tAll etLlArN$ rY4D
1'1•:1 YD1ti
t'4:I l!r YStto
trttnh 3414.45 1Y4:1
1{: tl11 61141 0`0:11
t:h°1'.111 tlltltlYlnT
YT ld1 FLAt4l1 164:1
79
I W ltT1 OIt11ti4S IuSS '
er.l+e
TOTAL souRCCS 9 0 ..,..r
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f.~OMVllr~y- 1f'IiYMYa14WIIMYIMI!♦Wr1F~Y1NY+r 1-
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April 3, 1979
CI1Y COUNCIL AGENDA ITEM
SUBJECTi Consider payment of Participation Agreement with Martino Realty
company for ovorcizo sower line in Golden Triangle Industrial
Park.
suKmRYi 1'ho city of Denton entered into a Participation Agreement with
Martino Realty Company for oversizing from 10" to 18"
approximately 2133' of sewer line in the Gold Triangle Industrial
Pirk. This work is completed and Martino Realty Company has
submitted an invoice for payment. The actual footago of tho
project was 2102 0 a;difference cost of $11.00 per foot for a
total cost of $24,002.
In addition it was necessary to place extra concrete around
the sewer line at a crock crossing. Tho city's share of this
is $579.49. It is the utility staff's recommendation that this
is a fair and proper cost to the City.
FISCAL SUMMARYt
2102 ft. 0 $11.00.per foot $24,002.00
Extra concrete for crook crossing 597.59
Total Cost $24,599.49
ACTION WOUIREDt
'Approval of payment of. Participation Agreement
f ALTERNATIVESt
„ Approval - This is in accordance with Participation Agreement with
the exception of the added amount for [ho extra corcreto required
at the creek crossing.
Modify participation amount - Deny payment of added amount for
extra concrete.
P=MMENDATIONt
The Public Utilities Board , at their regular meeting on
Tuesday, March 270 1979, recommended that the Council approve i
payment in the amount of $24,599.49. The Utility Staff concurs.
14
Robert F,. Nelson, P.P.,
Director of Utility Dopartmont
woub TSt
I; Participation Agroement
II Martino Realty Company Invoice
III Certificate of Participation Amount
WWI
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EXHIBIT 1 %
•y•
PARTICIPATION AGIIM:%(FYT
THE STATE OF TEXAS a
KNOW ALL HEN BY TIII:SE PRESENTS I
COUNTY OF DENTON Q
1
THAT WHEREAS, MARTINO REALITY COMPANY is the developer of
certain property shown on the attached plat, which plat is in-
corporated herein ae if cot forth in full, in the City of Denton,
Denton County, Texas, and desiros to servo such property with
offsito wator and/or snnitary sewekY facilities; and
WHEREAS, the City of Donlon dosiren that such offsito water,
and/or sanitary cower facilities bo.overaiaed and the City will ,
participate in the additional cost of the oversized faoilitios
pursuant to the provisions of Section 25-74 of the Code of Ordin-
anees of the City. of Denton. Texas;
j NOW, TIIEREFORE, THIS MIMEIM'NT, mado this tha 21st day of i
Novomlor, 1078, by and between MARTINO REALITY COlTANY, heroin-
after called "Doveloper", and the 01ty of. Denton, Texas, a llome
1{ulo Municipal Corporation of the Stato of TexAs,'heroinafter
called "City"; J
WITNRSSETII
1,' The Developer will install, by contract or otherwise,
tNater linen and appurtenancon and/or sanitary sower linen and
appurtenances to servo thu property dontrihod on the attached
, I
plat in aceordaneo with all City of Denton irdinancos, ruloel, j
regulationa, polfoioB &A d procedures. The said rater and/or
sanitary sower faoilitio4 shall be located as shown on the
•attached maps which aro made a part hereof for all Intonta and i
purposos,
I
2, The City'n sham of the estimated cost of said sanitary
aowor facilities is $23,403,00, Upon completion of construction
alld acceptance by the City of said water main And/or oanitnry {
sewer faoilitics, ilia actual cost of,tho City's participation
in, said faoilitios s1,n11 Lo detormillad and cortifiod to by tho
Director of Utilities mud Mu certificate netting out the 01ty1A
1
cost of said facilities shall be attached hereto and made a part
horcof,
3, The City shall pay for its share of the facilities with-
In thirty (30) days froin the dato of acceptnn,co of the facilities,
or under such terms and conditions that are mutually acceptable to
the parties,
4, Titlo to said water main and/or sanitary sewer facilitien ,
Is hereby and shall at a1J timns,bo vested In tho City.
f,. The Developer shall and-does hereby agreo to inaemnify
and hoM harmlois the City from any and all damagos, loss or lia-
bility of any kind, whataoover, by -vion of injury to property'or
third person occasioned by any act or omission, neglect or wrong-
doing of Developer, its'officers, agents, employees, invitecs,'con-
tractors or other persons with rerard to thu performnnco of this
contraot, and Developer will, at its oivn cunt and expo7so, d,.fend
knd protect against any and all suah elaims and domnnds.
IN WITNESS WNEAEOF, this instrument Is oxecuted in trlpllcato
originals this 21st day of November, 1078,
CITY OP DMON TEXAS
8Yt 6.dZ 1,
01
f AWE T '
CITY SECRETABY
1
1z'Y,ar` ptMONO TEXAS `
)MIMNO )lisALI'1Y ".MIPANY
I)EVEI.OPhn
13Y
ATTLISTi
JAMBIT 11
MARTINO RGALI•TY COMPANY
J'. C. '.cx 23^,R
,701:T.i, `Oxas 76101
l:r, rart Jong
City of Denton :arch 27, 1979
.'uni0ip_^1 1'uildinC
Denton, Texas 70201 '
7YVOIC s: Fav 2182 feet of : a. or dovolopmont- on Coldou
Trianglo Ini:ust: ,;_i I'erl:, botween Loop 2FF 1
and I:ayhill boa;:, +
10" IVC SDR 2182 :cot x '?1,,111 $53 262.62
Less:10" IVC Sm cost 2182 ?cet r, w13jhl - 29,260.62
City CYOS Inc, $24,002.00
Extra conoreto fo:+ ercc;- cross^ng 1,327 "5
Loss: ::,are 730.?6
owos :!,D,C,,TnC. 5.q ul I
• ~ I
0,"D TO D.• C,, $24,599,49
1
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EXHIBIT III
WE STATE OF TEXAS X
COUNTY OF' r.N'rON X
CITY OF DENTON X
I, Robert E. Nelson, Director of Utilitio5 of the City
of Denton, do hereby CERTIFY that
has installed 2182 feet of - 1 ri~Rck4 Comniny
1
13 inch Sewer
line at
Colden Triannlc~Industrial Park r_in accordance with the
Particip,ltion Agrecrent entered into with the City of Denton
on the 21_ dt~day ofNove November ~ IW8.
r,nton s cost of sub ect The City of
24,002.00 j particliu`tion is determined to be
dollars. Such cost has be, :1 established
by riultipl"nf 2.18`_ d__feet of subject line by$11.00
dollars per foot as established by subject Participation
Agreement plus other necessary costs as followsr
Excra concrete encasement at Creek Crossing - 1
597
i i
Robert E. Nelson,
Director of Utilities
City of Denton, Texas
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April 3, 1979
CITY COUACIL AGENDA ITEM
SUBJECT: Consider Participdt-ng with First Texas.Savings in oversis(ng
sewer line in Kingston Trace; Section IV.
SUIMSARY:
Vie City of Denton Water and Sewer Department is requiring
that ap 18" sanitary sewer line be installed, in the Kingston
Trace, section Iv,development and will participate in the dif-
ference between a 10" and an 18" line for approximately 8281.
Only one bid was rereived'f that of ortowski Construction Co.
from Gainesville, Texas. 'The bid price of the one (1) proposal
does appear to be a fair bid.
FISCAL SUMI LhRYz ,
Costs: 828' -18" line at $23.20/ft•. 19,213.60
828' -10" line at $12,32/ft. _ (10,201,45)
City's cost :{$10.885/ft.~ $ 91-012.15. 1
Source, of Funds - Sewer Bond Funds 11
ACTION REQUIRED: ~I
Agree to the acceptance of the bids approval of the
' Participation Agreement.
I
ALTE RNATI CBS :
i
1. Do not participate in oversize line.
2. Request developer to resubmit for additional bids
RECOPt1ENDATION:
The Public Utilities Board considered this item at their
meet- ing on Tuesday, March 27, 1979, and recommended that the
City Council agree to the acceptance of the bid of Ortowski ~
Construction Co. and approval of the Participation Agreement
With First Texas Savings Association of Ft. Worth.
EXHIBITS!
I Bid Tabulation
II Participation Agreement
III Map
R. E. Nelson , P.E.
Director of Utiilities
i
1
C PROPOSAL
Sanitary Sewer Trunk (!'CT or PVC Pipe) ,
18" San Sewer Pipe 0-6' 133 1Y /LF' (PO.~~
16" San Sewer Pipe 6-0' 270 LF I, , C LF 5_, $O,S•U~
•18" San Sewer Pipe 8-10' 196 LF all . I~_JLF~ , 00
18" San Sewer Pipe 10-12' 194 LF (,SID /1.F Qb
18" San Sewer Pipe 12-1435. LF LF`(~) CEO /2,713
San Sewer Wyca 10 VA tiQ /EA `j,~b • 00 J
Subtotal Sanitary Sewer Trunk Mac 13 , 5~() %
y, Alternate (PVC Pik i
y.: 10" . San Sewer Pipe 0-6' 133 LF -g-56_/LF _ _1~3_L L-~~?•L
10" San. Sewer Pipe,6-8' 270 LF
~d• 5 /LF r q_ o
' 10" San Sewer Pipe 0-10 Y96 IF a., LF
j 10" San Sewer ripe 10-12' 194 LT' ! .7U /LF ~_4D ,
10" San Sewer Pipe 12-14' ' 35 LF 1 , ~j~1~LF Kq r
I ~G 2 0I •'f
kStreet Paving t
y" Lime Stab 2, 036.7 SX /SY
11-" Thick fMMAC,Typo D 1,723.3 SX @ `_ISY
4b" Thick HMAC Type A 1,723.3 SY e /
• SY
All Thick IIMAC Type A 60 SY @ /SY
Transition to existing pavement 'LS /LS
24" Wide Conc Curb
Gutter 634 LF 0 /LF .
Concrete rlatwork 208 Sr A JSP {
Subtotal Street paving and Curb 6 Gutter
•Alternata
Thick )IMAC Typo A 10175 SY. @ /SY•
k Noten on following pane, +
• L'>,'l1TIt3'P I , ' ~
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PAIMCII`ATIOlI ACMI MENT
THE STATE OP TEXAS X
YNOW ALL MEN BY TIIESE PRESIXTS3
COUNTY OF DENTON X
THAT WHEREAS, First Texas Savings Association of Fort 4brth
is ilia developer of certain property shown on the attached plat,,
which plat is incorporated herein as if set forth in full, in the
City of Denton, Denton County, Texas, and desires to'serve such
property with offsite sanitary sewer facilities; and
VMEREAS, the City of Denton desires that such offsito sani-
tary sewer facilities be oversized and the City will participate
in the additional cost of the oversized facilities pursuant to the
provisions of Section 25-74 of the Code of Ordinances of the City
of Denton, Texas;
NOW, THEREFORE, THIS AGREEIdfiNT, made this the 27th day of
march, A. D. 1979, by and between First Texas•Savinge Association
of Fort Worth, hereinafter called "Developer", and the City of
Denton, Texas, a Horne Rule Munieipil Corporation of the State of
'Texas, hereinafter called "City";
WITNESSET11- ,
1. The Developer will install, by contract or otherwise,
sanitary sewer lines al,d appurtenances to serve the property des-
I
cribed on the attached plat in accordance with all City of Denton
ordinances, rules, regulations, policies and procedures.' The said
sanitary cower facilities shall be located as shown on the attached
I
maps which are mado a part "roof for a,11 intents and purposes.
2. The City's share of the estimated coat of said sanitary
cower. facilities is $9,012.15. Upon completion of construction and
. 5
acceptance by-the City of said sanitary sewer facilities, tho actual
cost of the City's participation in said facilities shall be deter-
mined and certified to by the Director of Utilities and his certi-
ficate petting out the Citylb cost of said facilities shall bo
attached hereto and made a part hereof,
I
I
3. The City shall ,
pay for its share of the facilities in thirty (30) days from the date of acceptance of the facilities,
or under such terms and conditions that are mutually acceptable to 111
the parties. 1
4• Title to said sanitary cower facilities is hereby and
shall at all•times bo vested in the city.
i
5. The Developer shall and does hereby agree to••indomnif
and hold harmless
i
the City from any and all damages,•loss or lia-
bility of any kind, whatsoever, b
y'reason of injury to property or
third person occasioned by any act or omission, neglect or wrong-
doing of Developer, its officers, agents, employees
Invitees, con-
tractoYs or other persons with regard to the performance of this
contract, and Developer will, at its own Cost, and ex
1. penso, defenA j
and protect against any and all such claims and demands.
114 WITNESS 1411EREOF0 this instrument is executed in triplicate
originals this
day of March, A. D. 1974,
CITY 01 DENMN, TEXAS
f
13YS s
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ATTEST 2
itOOKS f0 '1', CITY SM;LEI.fA~ty
CITY OF DENTO,Nt TEXAS f
FIRST TEXAS SAVINGS ASSOCIATION
OF FORT WOhU
q
• i
• l3Y s I ~a.
ATTEST i
ti I
. y
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71
Mimi
u1 a - _ KINGS 'ROW I
25
3 4.
26
_
M,f '
i
29 6 / \4cF4 10
s
y
1 f 29
1 yµll B IY '
Z1E' ' 32 ' 31 •30 .9 29
a ~
30 I c~ 9
If d 27 K f3
i IiA PA COURT
BILK. (4
E I o _
32 O 21 22 23 24 25 11 15
.
I1. I
33 12 16 j
f I ,s 20 '19 IB I7 IB !S 14
a. 34 13.' 17 }
35 '~.~.-w ~iM ~ I.A PALOMA _bfiNE ~ 1 ~I
'k J
36 I f 2 3 4 6' ° 7 e- i 10
1711p1 ~
al
Ex;heir irY
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CITY OF DENTON ~
MEMORANDUM
DATE OF IiEETING: April 39 1979,
'
CITY COUNCIL ARENDA ITEM (USE EXACT WDRDING AS ITEM IS TO BE PLACED
ON AGENDA):
Consider adjustments of the Tax Rolls for Uncollectible Accounts
• SU~N9AR't: ~
Two weeks ago, a listing of'Real Estate and Personal Property Tax
Accounts were submitted for•Council Review. These accounts are
uncollectible because the party cannot be located or the receivable
is too old to collect.
FISCAL SUMARY:
The adjustment for the various receivables are:
Real Estate $1,827.12
Business Personal Property 1920118
Auto Personal Property 3,969.34
133. 50
Mobilt Homes and Airpl
3179
TOTAL anes $15,T
ACTION REQUIRED:
'Approve adjustment of the tax rolls as shown on attached list.
ALTERkATIYES:
To continue maintaining files and mailing lists of a growing number i;
of uncollectible accounts.
STAFF RECOMhIDA7I0N:
The Staff recommends approval of these adjustments.
EXHIDITS: '
Attached.
---~$T~:NnTUitE OFIrERso n'~id 1tE f7r
i
i
C)TYof DENTON, TEXAS MUNICIPAL BJlLDING / DENTON, TEXAS 76201 / TELEPHONE (817) 382.9601
City of Denton {
Memorandum 1
t
TO Chris Hartung, City Manager
i
FROM Bill IicNary, Director of Finance
DATE March 30, 1979
SUBJECT Delinquent' Tax Accounts
When the delinquent tax accounts were submitted earlier this year, the
following names were referred for further review:
- Jimmy Inman
- E. R. Pachall
Harold Lewelling
J. W. Nichols
The names have been rechecked for mailing and residence addresses. None j
of the names are listed in the current tax roll, current utility roll,
phone book or city directory. Delinquent notices have been returned
stamped address unknown.
• ~I hlcRary
BMt/pl i
i
1
Nodh Central Texas Council of Governments
s • Arlrnr~lar. Tceas K411
yl 1 .r i P. O Oraw~r co
te
i.~ ~Z~~r ;y.s(:,, .r ♦ 1r1Alt 23 1979
CITY OF QEUTO '
i,MAGMS 01FICE
r
FROM: Roy Orr,' President, NCTCOG DATE: March 21, 1979
T0: Mayors, County Judges, and City Managers of NCTCOG Member
Governments
1 SUBJECT: Proposed State Legislation Affecting Regional Councils
It is our understanding that each Mayor and County Judge in North Central Texss
rec.ived a letter from Representative Al Price of Beaumont, author of House Bill 1235
encouraging support of this proposed bill. In this connection, we we":ld like to point
out that the local elected officials who serve on the Executive Board of the North
Central Texas Council of Governments thoroughly revifnved and formally went on
record in oppositlon to this Bill (11.13. 1235), as well as H. B. 972, which is also
under consideration by the 66th Texas Legislature. Both of these Bills are closely
related and contain several common provisions.
Regional councils in Texas were created under authority provided by State enabling
legislation (Article 1011m). This existing enabling, legislation explicitly states that
Councils of Governments are to be created by, controlled by, and exist to serve the
Ireal governments of their respective region n. Through the years, the Executive
'Board - ' in behalf of all the local governments in the region - aas consistently
supported Article 1011m and has opposed changes, to the current basic enabling
{ legislation.
We feel it Is particularly notable that the impetus for amending the basic State
i enabling legislation has not stemmed from local governments - for which regional
councils +vere created to serve - but from individuals who have not understood
the concept of regionalism and from a few Community Action Agencies in various
sections of the State. It Is importan. to realize that a majority of the proposed
amendments could be implemented by the voting representatives of NCTCOG's member'
local governments, if deemed desirable - which is certainly one of the strengths of
the existing legislation - rather than being forced to cocrply with undesirable
amendments proposed by another-level of government and by individuals not familiar
with conditions in North Central Texas.
Enclosed is a copy of NCTCOG's current position statement on regionalism which
strongly rc-emphasizes;' the safeguards which already exist In Article 1011m that
regional councils cannot nor do not desire to have taxing authority, regulatbry
authority, or veto power over local government decisions. This policy statement was
prepared by members of the 1975 Executive Board and has subsequently been
'F reaffirmed by each consecutive Board.
` Also enclosed for your information and review Is a copy of the analysis of both ltouse
Ilf Bills 1235 and 972 and their r tenlial Impact on NCTCOG and on the local government
of North Central Texas, In audition, we have included copies of rot:en•t editorials
which appeared In both the Dallas Morning News and the Fort Wbtth Star Tclegram.
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Mayors, County Judges, and City Managers March 21, 1979 ~
of NC'TCOG Member Gover iments
Page Two
After reviewing this information, we hope you would share our concerns that House
Bill 1235, as well as 872, would adversely impact your Council of Governments'
ability to effectively serve thn local Covernmcnts in North Central Texas. If you
have questions or if we can be of assistance, please feel free to call on. me or any
member of the NCTCOG Executive Board,
oy Or
Presld NCTCOG
Commissioner, Dallas County
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ELlosures
.VI
Restatement of Policy Position on Regionalism '
For North Central 7oicas
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by too Executive Board of the 14orth Central Texas Council of Governments
July 27, 1970
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The North Central Teros Council. of Governments is a voluntary association of cities, counties, school districts,
and special districts within the sixteen-county North Central Texas region e`stoblishod in lunuary, 1966, to
assist local governments ir planning for common needs, cooperating for mutual benefit, and coordinating for
sound regional developmenl.
The Council of Governments is an organization of, by, and for local governments. Its purpose is to strenrilhen
the Individual and collective power of local governments - to recognize regional opportunities, to help local
governments resolve regional pmblerris and mako joint regional decisions, and to develop the means to o0st t
local governments in the implementation of those decisions,
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` The local governments of North Central Texas created NCTCOG under authority provided by the Stole enoblIng I
f legislation (Article 1011m), This enabling legislation makes it very clear that Councils of Governments are to
be created by, controlled by, and exist to serve the local governments of their respective regions. This concept
of local control has been re-emphasized by the NCTCOG Bylaws which were adopted by tha participating i
member governments. 1
The s,trucNie of NCTCOG is relatively simple a Cenerol Assembly composed of one voting representative from'
M each member government, rind the Executive Board composed of nine local elected officials and two regional
citizen representatives selected by the Executive Board, lhe'Gonerol Assembly studies regional issues, amends
r the Bylaws if necessary, rind elects members to Iho Executive Board, The Executive Board is the policy
approval board for all activities undertaken by the Council of Governments, including program actlvities and
( decisions, regional plans, and fiscal and budgetary policies, The Executive Board is supported by study
committees, technical advisory commil?ges, policy development commitlprs, and a professional staff. Through
this process, hundreds of citizens and local officials ore involved in formulating Iho regional policies which
assist the sound and orderly growth and davelopmonf of the North Central Texas region.
Through the years of its existence, NCTCOG has established a strong record of regional cooperution and
{ coordination among its member local governments, Members of the Executive Board feel that all past and
current activities of the Council of Governments have been fully in keeping with the intentions of local
1 governments within North Central Texas and within the guidelines eslabU fed by State law oAd the NCTCOG
Bylaws. At ilia some time, questions occasionally arise concerning the current and future role of the Noah
Central Texas Council of Governments in dealing with regional issues,
The Executive Board responds to these issues as follows;
FINANCIAL SUPPORT
NCTCOG opposes having foxing authority.
Stole enabling legislalion (Article 1011m) and Ilia North Central Texas Council of sovernmenis' Bylows
prohibit toxtrig nuthwity. The Council of Governments does not need'nor seek taxing authority. The local '
governments of North gentral Texas sunport tho work program of NCTCOG through voluntary local dues
and fees supplemented by financial surgvil from opproptiote'Slol'r and federal programs. Since Ilia
creation of NCTCOG in 1966, no Board mcithert sluff member, or representative of any member
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govenuncni Las cw r advocated luxinj autliorily for 111C Norlls Cenlrol Texas Council of Governments. The
Executive doord cliy'h,,iicolly erdoix•s the existing intergoveinmenlal mechanisms for financing regional
plannin.,t activities.
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REGIONAL CO01 '111110tI
t NCTCOG opposes a metropolitan government for Iha North Central Texas area.
The basic purpose of NCTCOG is to r• ]dress regional problems on a voluntary basis - allowing local
governments lu tetuui I , i I ,L . .r,.a. ..,_.L 7nnnit+nr In mn': tmtrn nrnnnm,/
and efficiency. Metro government, whether defined as the involuntary unification of local governments
(a new layer of government) or the Involurstary tronsrer of functions and operational authority to a
"supergovernmental" structure is the direct opposite of the Council of Governments' approach, The Council
of Governments Is clearly a desirable alternative to rather than a step toward metro government.
SELECTION OF EXECUTIVE BOAR[?
NCTCOG supports selection of the Executive Board by its local member governments.
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As a voluntary organization responsi6ie to local governments, it is appropriate that a majority of NCTCOG's
1 - Executive Board cortimje to be elected by its merrbar governments. Any system of direct election by the
general populace would tend to undermine NCTCOG's direct accountability to local government and would
be a step toward metro government.
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STATE. AND LOCAL REGULATORY POWERS
i ! NCTCOG does not seek any regulatory powers.
Neither State eno6ling legislation nor the Bylovn of NCTCOG provide a basis for the exercise of any
regulotory powers. The Executive Board supports the exercise of•repulatory power by State and local
governments as authorized by Slate jaw. To the extent possible, regulatory po-,vers should be exercised by
t ( locol governments in preference to the Slate or federal government.
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OPERATIONAL ACTIVIiIES
NCTCOG does not intend to be on operating agency dellvering servicos directly to the general public.
4 It is tho intent of the Executive Board that NCTCOG not seek operational oulhority which Is in conflict
i with Iho operational authority of any local government, When called upon by local officials as the most
i oppropriato mechanism, NCTCOG will deliver services such as the operation of the Regional police
Academy, training programs, and technical assistance to local governments. The Council of Governments;
Is root now and shou!d never bean operating agency delivering servNes or operating facilities at the expense
of local government control. -
LOCAL GOVERNMENT IMPLEMENTATION
NCTCOG does not seek to be the Implementing agency for regional plans.
(I'll very clear that lotting taxing authority, regulatory powersr• and operational authority ilia North
Central Texas Council of Gownsments will not be ilia Implementing agency for regional plans, NCTCOG's
regional planning responsibility must., however, include assistance to.locol officials as Ihay determino the
most appropriole means for plan irnpl, mt•nlutlOn: ilia planning process should help the local governments
of the t+cg]on find a means by'which regional plans can bu put Into action.
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REVILW AND COMMENT
NCICOG does not seek to expand its tole in review and comment.
Since its inception, the North Central Texas Council of Governments has provided review and comment on
applications for State and federal financial ossisfonce as provided by federal low and State enabling
legislation. This process of comrrunicattoo and coorJination provides input from local government officials
to tho Stole and federal agencies who must make lie funding decisions, furthermore, it provides an
appropriate mechanism to monitor major regional developments and to encourage the effective Implemenlatlon
of regional plans. The Executive Board endorses the current review and comment process which does not
include veto power. In addition, Ihr. Executive Board does not endorse the involuntary review of locally
IVIIVIV i/rV r~~ti•
'EXECUTIVE BOARD COMPOSITION
The NCTCOG Executive Board should 6r,•compowd predominantly of local elected officials with
eoonttlnuer) citizen representation.
Some officials hove recommended that NCTCOG's Executive Board should f o composed solely of elected
officials rather than the current inclusion of two regional citizens. Aflor careful examinotion, the
Executive Beard is of the opinion that the current structure (nine local elected officials and two citizen
represewalives) provides a beneficial mix for regional policy-making. Control of the policy-making process
is clearly in the hands of local elected officials, At the some time, the mechontsrrr provides direct input
by private citizens who have legitimate concerns in the regional decision-making process.
PROFESSIONAL STAFF SUPPORT
The Executive Board is the policy-nsoking body fur NCTCOG - with appropriate support from a professional
staff.
The Executive Board is the policy-making body for all activities undertaken by NCICOG - and Is
empowered by the Bylaws to appoint an Executive Director who is responsible for the administration end
exetuS;un of policies adopted by the Board. lie is also responsible for the recruitment of a professional
ted b
staff to carry out th,: budget and work programs as approved by the Board. The Executive Board rritends to
maintain clear control over all polities and activities undertaken by NCTCOG. At the same time, they
Intend to authorize the recrullmenl and development of a highly-qualified professional staff to card out
theso poPcles in behalf of the local governments of North Central Texas.
VOLUNTARY MEMBERSHIP
NCICOG should continue to be a voluntary association of local governments.
The Counell of Governmenis Is boscd on the willing cooperation of local governmenes- working together
volvrslarily, to idcatify regional opportunities and to resolve mutual problems. Local officials in a few other ,
parts of lho nation have fell they could join logother more effectively for regional policy-making under a
mandatory r.rembership arrangement. Ilia Executive Board strongly prefers voluntary membership allowing
ony local government to join or withdraw from NCTCOG at will. The fine record of achievement by this
Council of Governments Is due to the voluntary willingness of member governments to work logelher
whs 6ul ovisido cocreton or control.
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sse stolemcnis tcpresent the policy position of Ike members of NCTCOG's Execulive Board..
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The abifify of 0W local gnverrmer11s to choose fhnir evrn feci.-rques and structure for oreawide problem-solving
is one of the most impo.lunt strengths of the Cnuncd of Goverornenis' concept, This flexibility is supporled by
Texas' rnabling legislation (Article 101lm)'vhich allow: local governments Io r spend to the needs of their +
region without t, idue restriction and dircction from anolher levvl of governmont. Therefore, the Executive
Board ro-emphosizes its position to leave Article IOllrn in its present form, The North Conhal Texas Council of
Governmenls will continue to respond to the needs and desires of the local governments of Norlli Centro[ Texas
within the limitations of State low and available fiscol resources.
NCTCOG is an extension of and surpf _mant to local government. The local governments of North Central
Texas "working together" will achieve a stronger sense of belonging - as they continue to think of NCTCOG
as WE, not they.
All local governments in North Central Texas, as well as State and federal officials, are encouraged to
• support the continued operation of the North Central Texas Council of Governments as the most effective
mechonism'for local government coordination in regional problem-solving,
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NCTCOG Executive 86arfi
President Director Director
s Roy Orr William F. (Bill) Nicol Nothon E. White, Jr. i
Commissioner Councilman
Dallas County Dallas County Judge
• 'Collin County ,
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i Vice President Director Regional Citizen
Charles G. Clack- Woodie W. Woods Dr. Marvin Robinson
Mayor Councilman Dallas County
Garland Fort Worth
Regional Cltizen
Secretary-Treasurer Director Ted H. Peters
Tom J. Ewbonk George W. Marti Hunt County
Mayor Pro Tcm Mayor
Richardson Cfeburna General Counsel
- Ted P: MocMastei•
Past President Director
S. J. Stovall Mike J. Moncrtef Execufivo Director 1
Mayor County Judge William J. Pilstlek ;
Arlington larrant County
North Ccneral Texas Council of Governments P. O. Drawer CO i Ailincglon, Texas 76011 (817) 640.3300
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Analysis of the Potential Impact of H.B. 872 and H.B. 1235 on the 1
North Central Texas Council of Governments
March 16, 1979 t
The North Central Texas Council of Governments is a voluntary association of cities, counties,
school districts, and special districts within the sixteen-county North Central fexos region
estobl%hed in January, 1966, to assist local governments in planning for common needs, cooper-
ating for mutual benefit, and coordinating for sound regional development,
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The Council of Governments is an organization of, by, end for local governments. Its ptirpose
is to strengthen the Individnol and collective power of local governments - to recognize i
regional opportunities, to help local governments resolve regional problems and make Joint
regional decisions, and to develop the means to assist local governments In the fmplementotion
of those decisions.
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North Central Texas Is a 16-county metropolitan region centered around Dallas and Fort Worth.
It has a population of 2.9 million and on urea of 12,627 squora miles. NCTCOG has 176
t member governments who support the Council's activities through their contributions. The
membership currently Includes 16 counties, 129 municipolitles, 14 independent school districts, l
and 17 special purpose districts,
The current N1. 'COG ;zecutive Board and throe previous boards have unanimously adopted
a Restatement of Policy Positlon on Regionalism for North Central Texas. The primary intent
of the document is to better inform oco r State r and Federal of icio Is 0
well as the geherol
public of tF
i o e purposes of NCTCOG, which have remained constant throu pout the existence
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of NCTCOG. In adopting the position statement, the Executive Board desired to convey Its
position on certah, policy issues affecting the abilities of locally elected officials 6: perform
needed regional programs. This position statement states in port that "the ability of the local
'I governments to choose their own techniques and structure for areowide problem-solving Is one
of tho most important strengths of the Council of Governments' concept. This flexibility Is
supported by Texas' enabling legislation (Article 1011m) which allows local governments to
respond to tlm needs of their region without undue restriction and direction from another
I level of government. Therefore, the Executive Board re-emphosizes Its position to leave
Article 1011m in its present form. The North Central Texas Council of Governments will
cois.tinue to respo-rd to the needs and desires of the local governments of North Control Texas
within thb Ilmt-otions of State luw and ovailoble fiscal resources."
H.B. 872 and H.D. 1235pro not consistent with the adopted policy 'position by the locally
elected officials who control NCTCOG. Several sections of the proposed bills would
drastically restrict the copobllifles of local governments to accomplish regional planning.
F" (lowing Is an analysis of the potential impact of 11.8. 872 Grid H. L 1235 on the North
Cenhal Tnxos Council of Governments.
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Potential Impact of H. B. 872 on NCTCOG
Primarily, 11. B. 872 would omend Arti cle 1011mV.A.C.S. by:
1, repealing the provisions which establish regional councils as political
subdivision- of the state;
2, repealing the authority of regional councils to ossist member governments
in carrying out regional plans;
3, repealing the authority of regional councils to contract wHh their member
governments for any project other than planning;
4, declaring that regional councils should not be service deliverers without
defining what "service delivery" means;
5, declaring that review and comment does not Include approval or veto
authority,
6. repealing the provisions allowing certain regional councils to cooperate
with Mexico on planning projects; and
7, decin ing the primary purpose of regional•counciIs to be to assist tocol
governments meet state and federal planning requirements.
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In response, it should be noted that:
The NCTCOG Policy Position Paper specifically requests that the enabling legislation
(Antl7e lfflm,AAZS. remain in its present form.
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The current enabling legislation as written provides locol governments the flexibility
to respond to the needs of their region without undue restriction and direction from
another level of government. All of the measures proposed In H.B. 872 could pre-
senHy be adopted by member governments of NCTCOG if o mojerlty of the locally
elected officials preferred this direction. It is this type of flexibility that locally
elected officials throughout the State need in deciding the preferred policy to be
followed in accomplishing regional planning and programs. If any changes are
_✓1 needed In the policy direction of any regional plonning organization, Article
101 lm, as is, provides locally elected officials the opportunity to tole the
necessary steps to accomplish this. Since the regional planning agency is con-
trolled by locally elected officials, this flexibility is preferied over specific
mandates from Austin and/or Washington.
Effects of H.B. 872 Amendments on NCTCOG
1.. Repealing the provisions which esto6lish regional councils as political
subdivisions of the state,,
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• Since political subdivision designation is required in order to apply for
and receive certain state and federal assistance, regional councils would
be adversely affected,
• Regional councils were designated political subdivisions by the authority of
Article 1011m in order to assure that they would be public organizations end
could easily be held accountable to the public for their actions. Status as a
political subdivision facilitates applying public accountability procedures
such as audits, budget reports, open meeting r.equlremenis, and open records
requirements to regional councils.
• Politicalsubdivislon designation enables regional touncils to Texas to parties-
4 pate as a contracting party under the Interlocol Cooperation Act of 1971. This
contracting ability gives regional councils great flexil•sifty in serving their
member governments.
• Regional Councils In Texas ore facilitated by being political subdivisions from
a legal standpoint. This includes, among other legalities, tax exemptions,
protection from a liability srandpoint, and participation In state and local
f
retirement systems.
2. Repealing the authority of regional councils to assist, member governments in cafrying
out regional plans, t
• NCTCOG does not seek to be 'the Implementing agency for regional plans.
It is very clear that lacking taxing outhorlty, regulatory powers, and
s operational authority the North Control Texas Council of Governments
will not be the Implementing agency for regional plans. NCTCOG's '
regional planning responsibility must, however, include assistance to local
officials as they determine the most appropriate means for plan implementation. k
planning process should help the local governments of the region find o
l The
means by which regional plans can be put Into action. t,
3. Repeoling the authority of regional councils to contract with tiseir member governments
for any project othertnan planning, 4
Examples of activities which would be eliminated by this provision Include-
0 Contracts with over 120 local law enforcement ag'encler for the cooperative
purchose by NCTCOG of police radio communications equipment, highspecd'
landline communications, and other technical equipment, These progroms
have resulted in savings of saveral millions of -dollars to part!tlpoting,loccl
Qovernments.
• Contracts with the Cities of hallos and Fort Worth for NCTCOG to provide
regional labor market analyses and other manpower planning support services.
• Contracts wflh'several medium and small cities and counties to develop . f
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personnel policy manuals end clossiflcotion and compensation pions.
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• Contracts with rumerous cWes•lo provide port-fime internships for students
participating in a NCTCOG-sponsored program to provide opportunities for s
minorities and women to enter the fields of urbon management and planning.
• Contracts with the City of Dallas and several "user agencies" for access to
a computerized listing of community resource agencies and services in North {
Central Texas
Decloring'fhat regional councils should not be service'dellverers without defining
whot "service delivery" means;
• Although NCTCOG does not seek operational authority which Is in conflict
° with the operational authority of local governments, when called upon by {
local officials as the most appropriate mechanism, NCTCOG will deliver
services'such as the operation of a Regional Police Academy, training
programs, and technical assistance to local governments.
The provisions of ,4.8. 872 would prohibit such activities. Examples;
• Sponsoring' workshops on topics of interest to local governments such as
Cable TV Fronchising, Planning and Zoning, Public Personnel Management J
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and numerous others;
• Providing staff support end coordination for Tarrant County Criminal
Justice Planning;
{ e Developing a fiscal Import analysis process to assist cities In examining
the cost/revenue implications of major new developments in their city;
• Assisting cities and counties In developing personnel policy monuols and
classification and pay plans;
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0 Developing a Thoroughforc Analysis Process to assist local governments
in analyzing the most effective use of transporlotion cop!tol Improvement
f j funds. i
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( 5. Declaring that review and comment does not include approval orvotb authority; i
Review and Comment Article 1011m.. Section 4, Paragraphs 6 and 7 plainly
stole that "app ice ons shall be submitted to the Commission for review and 1
comment. The Commission sholl review such oppllcoHons from t~ondpoint 1
of consistency with regional plans and other considerations as may be specified
In federal or state regulations and shall enter its comment$ upon Ilio applications",
Again, Paragraph 7 states , . A o Commission s a recor 'upoonn the opp Italian I
Its views and eommenfs,"
All of these statements regar&nq the function of review and comment reinforce i
that it Is strictly Iimiled to review and comment with no other powers implied
or stated. Additionally, the current federal law governing review and commenl
Identifies this function In Ilia some monner. Therefore, It would appear iKot
any agency altempting to construe these provisions as bring for veto or approval
' authority would not stand a clhonco of proving its case, f
6, Repealing the provisions allowing certain regional councils to eooper^te with
Mexico on planning projects.
No application to NCTCOG. j
7. Declaring the primary purpose of regi. nal councils to be to assist local governments J
meet state and federal planning requu..ments;
0 Althougl; assisting local governments in this regard may be one role of
regional councils, the NCTCOG Executive Board has not regarded this
as the primary function. Many programs and activities do not directly
relate to planning requirements of higher governments (Regional Police
Academy, Model Construction Codes Program, Coope.Nva Purchasing
of Communications equipment and other training programs are but a few
examples to the contrary,) There Nerve been oxamples of NCTCOG it
serving as the mechanism whereby local governments have collectively
negotloted.chonges in inequitable state and federal requirements
resulting in saving many tax dollars for citizen's of North Central Texas.
0 The North Central Texas Council of Governments is a voluntary association
of cities, counties, school districts, and special districts within the sixteen-
county North Central Texas region - established in January, 1966, to
assist local governments in planning for common needs, cooperating for .
mutual 6enefit, and coordinating for sound regional development.
• The Council of Governments is an organization of, by, and for local i
governments, Its purpose is to strengthen the individual and collective
power of (coal governments lu rocognize regional opportunities, lo
help local governments resolve regional problems and make joint regional
decisions, and to develop the means to assist local governments In the
Implementation of those decisions.
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Potential Impact of H.C. 1235 on NCTCOG
Certain amendments proposed in H.B. 1235 ore essentially the some as those proposed in
H.B. 872. Theso are:
o repealing the authority of regional councils to assist member governments In J
carrying out regional plans (See Section 2 of H.B. 872, Analysis); l
is repealing the authorit;' of regional councils to contract with their member
governments for any project other than planning (See Section 3 of H.B. 872
Analysis);
0 declaring that regiunol councils shovld r.ot be service deliverers without
s defining what "service delivery" means (Secs Section 4 of H.B. 812 Analysis);
a declaring that *review and comment does not Include approval or veto
authority (See Section 5 of H.B. 872 Anolysis);
0 declor€ng ilia primary purpose of regional councils to be to assist local
governments meet state and federal planning requirements (See Section 7
of H.B. 872 Analysis).
In addition, H.B. 1235 has other provisions which would amend.1611m by:
1. mandating that In respect to any federally aided or state aided project for which
funds will be utilized by a regional council, pass;d through a regional council,
or where the regional council Is to be a deliverer of a service that. '
o the governgr's office must certify that The pragrom is not in conflict with
state policy or plans;
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e the governor's office shall require a record vote from each member govern- j
ment on each proposed project covered by this provision;
o the governor's office must record Its views and comments on the application
and forweid these to the regional council and the federal or state agency
concerned; and
• this review process does include veto authority; and, l
2. addingto the requirements for eligibility to receive state financial assistance the l '
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provisions that the council must:
rite copies of all audits with the state auditor and copies of the management
letters on all audits with the governor's office and each t+.ember government; {
and
• file on annual report with the governor's office Ilsttng ail applications rot,
review and comment that were acted on by the council, the state and federal
funds included In these applications, and which appUcatlons,were funded.
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Listed below ore responses to the proposed amendments in H,B. 1235
1. The primary uoncem of H.B. 1235 is the propo>ed requirement that "the
governor's office shall require a record vote from each member government t
on each proposed project covered by this provision." Fuch a process would
be extremely cumbersome and almost unwieldiy as wel I as negating the purposes
for the creation and existence of a representative Executive Board.
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The local government representatives serving on the NCTCOG Board
must stand the test of three elections in order to'serve on the Board.
First, each one must be elected by the citizens of each jurisdiction
to represent their city or county. Second, each one must be elected
by th other mem6ers of the city council or commissioners' court to
serve as the voting representative to the NCTCOG General Asstnrbly.
Third, the General Assembly elects annually each member to the i
Executive Board.
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This process Is truly representative government In action and Illustrates
a reasonably sized policy-malting Board that can appropriately represent
a large number of member governments. Currently, NCTCOG has 176
member governments in a sixteen-county area that coven over 12,000 j
square miles. The Executive Board meets monthly to determine policy
and establish f ro{roms and projects; At the present time, 55 grants and j
projects arc reviewed annually by policy committees comprised of loedl ! 1
governments officials and private citizens with the Exccutiv • Board
making the final decision on each project. Individual local government
Input is o6toinrd at the technical and policy committee level in iha
development stages of each program and project. With policy committees
often spending several months to develop recommendotIons and the Executive
Board taking a reasonable period of time for considwotion, timing also often
becomes critical in programs reaching the "star,-up" stages.
With individual local governments having vital input In the committee
process coupled with Executive Board final determination, o vote by each
member government would be unnecessary and cumbetome, With 176
' membergovemments, processing individual proposzd projects through each
local government would also be time consuming and expensive. Certainly,
a city council or commissioners' court would not be expected to have a
citizen's vote on each proposed program. Polley mgkers on city councils
ond;commissioners' *courts are elected to provide o x,arkablo system as
well cs representing other members of a community. The NCTCOG
Execillve Board serves In much the some manner.
Thoprovision for granting veto authority to the The Office of the Governor
over Individual projects and programs of each Reglorvul. Coune-11 raises another
question removing decision me'/Ing from tho' local and regional level
(government closest to the people) to Iheffote level. It would appear shat
These decisions could best be determined by the orco local elected officials
most affected.
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2, The proposed requirements in H. B. 1235 regarding filing of financial t
infonnaiion con be met by eneh Regional Council, but appear to be
somewhat duplicative of the existing process and require addirional expense
for processing. During rhe'post fiscal year, NCTCOG %as audited by four
stole agencies and four federal ogencies as well as on independent audiling
firm selected by the Executive Board. Although each state and federal agency t
does not always publish a formal audit report, information of all findings ere
o matter of public record. Copies may be obtained by any Interested person
or organization. The independent auditors selee)ed by the Board do publish
a formal report that Is filed with the Governor's Office of Budgeting and
Planning, the Legislative Reference Library and oil state and federal grantor
r ugeneies. ~ i
Regarding the proposed requirement on filing of an annual report on review
and comment applications, NCTCOG currently prepares such o report,
/ However, the Information on which applications were funded is not always
available because state and federal funding agencies do not in each instance
notify NCTCOG of final action. - Regional Councils have long advocated '
notification of funding decisions by state and federol agencies. Success
In receiving such information has not been overwhelming. Therefore, it
{ would be impossible for NCTCOG to report 'this Information to the Governors
Office.
It should be noted that NCTCOG regulorly furnishes a copy of its review
and comment statements on all applications to the applicant, funding
agency, Governor's Office and any potentially affected local governments.
This procedure occurs of the time each application is acted upon and would
appear to meet the intent of the requirements contained in H.B. 1235 on
this molter.
f
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E?ditorial Pau
kin 11,11 6f, Ediforiaf Pavi lvr
fllfili\Y 2.19 710
' 7irrrnnf Pasifiun: ' .
COG Defensive Again
t
"After a bric[rxnlan~rjut>~ y nthr~~ri5„S~er sXr, n~. rays
planning director lid Jackson, posatbllities in the existence of
Tarrant County commissiouei9 the agencies.' +
endorsed a bill they thought Truth I: ilia: COGS It, Texas 1
would limit the planning pow. are prohibited from becoming
ei's of coimcil.s of governments progrQm' operating agencies.
in'iexas. TrOttblp is, the legisla• The executive board of the
tion would till but put COGS out North Central Texas Council of
'i of existence. Governments adopts each year
The bill endorsed by the a position paper rejecting an
6ramissioners has been kick. operating'rote for the opency
ing around Austin since 1971. It and oppo.Ing taxing authority
would prohibit some types of for COGs, both powers that
inlcrgovernmentat coutraets would be needed to make The
between Cear.s and their mem• organizations another level of
bar governments.~free most of government.
the work of the rep lentil organ- It's unfortunate that Tarrant
izations invo:ves these County chose to endorse the
contracts, the COGs would be legislation. NCTCOG has been a
effectively hamstrung. valuable forum for developing
COGS have beea under regional cooperation for 13
atlock for ycars. Some groups years. It deserves a better fate
.feel they could become new, than the proposed legislation'
regional levels of government.. would give it.
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FORT WORTH STAR TELEGRAhi
March 6, 1979
Editorials,
Leave COG' alone:
F%'ery time the legislature Present laws allow the local gov'
nxis, mseems, som,ewdyirtrsto cmmenls "'Inch felon to C(1G to
thrawamonkeyerenchloto100. determine what the planning and
t'suall a 14'utdful of tear akets rcelew and comment agency
N'Jnt to rut the clamps on ourt ily should do. F'or more than a dozen
of );ocernnient lweause r'rey fear cars, N:; %;)stcm hae avrked well
they will Ixcume onothrr keel of for the region. Surely a rvdon of
goeernmenl• this magnituai must We some
COO's, uhtwurse, are planning pluming for continued. co&rly
agencies. Nothing more, although growth '
there are those -A ho see ail sort sof if M is tvrr crippled or rcn-
ttvcals lurking in f+c C0G's, d red totally ucless b new Icl iv
This time, thrrv are a rouple r lalion the area will Cit~'r haee to
}ells 016 would elirtilnalc fix planning; which would he 6a-t-
6011 of Clxl to contrau with the iroi><, ur some othct group would
scores of legal, nvrromrnls that hrec to h• formed to rephim H
nrmfxise COO. A1'ahnut such tvn• O XI, has opcrNrd eflrnitc!y and
iractx tMHi's use lulncsi uivld lx• lh,,r alai time again has demon.
prrulryl npalrcd, if nut lulaltyd.,nC ear+'ltd its worth to tl>L region and
' away 'ARIL Ili rlh hind.
lti1G Iz not scckln,^^, lu be ►I rcnanh•
M (l1Ct, as It has had to do to crud. IT,d it is nut sCC'kin; to k
kgislath'e 'wislun )Card in tl>L wtvkrtwdclthrr,irorshouidilbc.
t pnt, I51LYVlnt; to nc,racd its far~rs 1 ct's lint lei ON's otuue, to 1,10 on
to figght the ~+rnjuvd billy that tkataf 0K., priod j~rb it slw%s day 16
i
'AA harm C00, art any out It can do, t
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Texas Asooc. of Municipally
Owned Utility Systems tlr~ f~. ,t~ lh
P.O. Box 9960
College Station, Texas 77840
9~S
^ Marsh lz, 1979 Ft) 1
rr.s?crrTpN
Dear Mr,~ or: . .i. .Ir... .i ..i.. ...wY I.. 1. ..1.. Ir.. ~I Imo. .r r... nM.'NAM rYr.~1..•+Nrnp~~W..Iw..r.MNi~Yi .p. ~YMir.~•O1.N. N. ~u.1r11f Y'.'~.J~".1
Tfr !•.r ..f .11.12 .m ,
Nousc Bi11 1045 and Sc ato MI'l 4109 word" recent ly intro-
/ duced in Austin. We feel fase bills 'deser.ve the .whale hearted and active support of evercity official in Texas. Each bill
is designed to ensure thatany City annoxing.land can extend
city utility service ( clectrical,'water and seNor) to those
areas annexed without hnvinf; to obtain a certificate from the
Public Utility Commisai6n. Presently Art. 144c of the Public
Utility Act is not clear on this point and needs to be clarified.
These bills were originally drafted and supported by rep
resontatives of 45 cities which owned electrical systems. While
-these cities are more directly affected, all cities should
realize that any annexation will require extension of other
utility-systems operated by the City. Resistance to these
extension comes from Municipal ULility Districts, Farm and Nome
Administration Water Systems, and Rural Electrical Cooperativese
In the case of M.U.D.'s resistance will increase now that they
are authorized to provide fire protection.
Weraro therefore asking all Texas cities to goin in this
of fort which to'now has been supported'by a group of Texas cities
l owning, their own electrical systems and a few cities without
electrical systems'. Representatives of these cities' have met
in Austin on several occasions and have appointed a steering
committee consisting'of Bob Rountree (Chairman . Brownsville),
Frank Parka (Weiner), Jim Dodnon (Yoakum),•Jim Blogg (Vice
Chairman, Lubbock), Richard Borchard (Robotown), and Gary Halter
(Sec/Treasurer, College Station). Those cities have also hired
legal counsel to aid in the passage of this legislation.
i It is requested that your city aid financially in this
effort (in which College Station is acting as the Financial
Agent). A donation of $ 250.00 per City is requested.
It is also requested that your city's officials visit
with your local Senator and State Representative.. State log-
1slators tend to support iogialation supported by local.city
officials.
In cloaing, it should be made clear that this letter is
being sent by the association of cities mentioned above. It
is not an official Thl, letter= however, both of these acts
are supported by the THL in the legislative package. This
is an additional effort which closely affects you and which is
well deserving of your support.
Sweeraly ell
City Manager, College Station
A DIM, TO HE LIJTITLFD
1 AN ACT
2 relating to the right of a municipally owned x`et:ail public utility '
3 to provide service to an area within the municipal limits,.
. s
4 BE IT ENACTED BY THE LECISLAT1)RL OF THE STATE OF TEXAS: w ~
s '
5 SECTION 1. section 51, Public Utility Regulatory Act.
6 .(Article 1446c, Vernon's Texas Civil Statutes), is amended by ~
y adding Subsection (c) to read as follows'- 1
,R (c)' Notwithstanding any other provision of law, a 1
9 municipally owned retail public utility may furnish, make
i
10 avai,lahle, render, or extend retail public utility service to any
11 area that is within the municipal' --limitc, without securing a
12 certificate of public convenience and rieccssity.
13 SECTION 2. The importance of this legislation and t.he~
14 crowded condition of the calendara in ith houses create tin
15 emergency and an imperative public necessity that the
~J 16 constitutional rule requiring bills'to be read on three sovoral,''17 days in each house be suspended, and thin rulo''is hereby suspended.
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A 13ILL TO ML T NTITLEM
1 All ACT I
,2 relating to the right of a municipally owned set-ail public utility
3 to provide service to an azea within the Municipal limits.' +
4 BE IT ENACTED By THE LEGISLATURE OF THE STATE OF TEXAS:
` 5 SECTION 1.. Section 51, Public Utility. Regulatory Act
r 6 (Article 1446c, Vernon's Texas Civil Statutes), is emended by
7 adding Subsection (c) to read as follows: s
7
8 (c) notwithstanding any other provision' of law, a
j 9 municipally owned retail public. utility may furnish', make
10 available, render, or extend retail public utility service to any
11 area that is within, the municipal limits, , without securing a
12 certificate of public convenience and necessity.
13 SECTION 2. The importance' of this legislation and the
{ .14 crowded condition of the calendair in both houses create an i
i
I is emergency and an imperative public necca;si.ty that the
1G constitutional 'rule requiriug bills to. be read on three several
17 days in each house be suspended, and this rule Is hereby suspended.
gip.
Go fir PrAlli tr ally
• c4~31-quill nun
GILL IACIER
' C+TATt St NATOn COMMITTtts
t11sTnICT 10 VICO CNN pMANi '
TARRANt COUNTY UupISr NUotNct
PRC81Ut NT PnO It M PORC March 19, 1979 Mt%ornr
COUCA110N
rINANCC
S
~ SUOCO MMITrtt ON CIVIL 04A11 CAS
Mayor Joe Kitchell „
215 E: McKinney Stree
Denton, Texas 76201
i
Dear Mayor Mitchell:
I am writing you to inform you about Senate Bill 983 which concerns the s
1% city sales tax. As you know the 1% city sales tax is currently
allocated to the participating municipalities on the basis of the place
of purchase. This system results in certain inequities which I think
can be corrected by allocating the city sales tax on the basis of pop-
ulation.
The problem becomes one 'of tying the services rendered by the municipal-'
ity to the taxpayer, In the situation where the city sales tax is
allocated on the basis of the place of purchase the taxpayer, the pur-
chaser of goods often comes from another municipality and does not
receive any services in return for the sales tax paid. By allocating
the city sales tax on the basis of a population formula there would be a
more logical nexus between the taxpayer, the municipality and the services
rendered. It is my feeling that the city which contains the shopping
center has an adequate taxing base in its ad valorem taxes on real and
personal property which you and I both know are passed on to the consumer.
Enclosod is a copy of Senate Bill 983 and an analysis of the bill with
j the fiscal impact on the cities currently participating in the 1% city
sales tax. Because any type of tax reform or relief must have local
support I encourage you to st+ldy this material and to take what actions
you feel appropriate to support Senate Bill 983. Events in Texas and in
~J other states convince me that-legislators will spend money rather than
reform or reduce taxes unless the public rises up and informs them of
their 'desires.
please contact me if I or my staff can be of any assistbnce.
Sincerely, '
Dill Meier,
bM/ jk Mph 191g
1 c
rnelosure C,1n dE.RSt1~~o~~
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LYY rk_IL~_J~~ S B. No.
y A SILL TO BE ENTITLED
1 AN ACT
E
2 relating to allocation of revenue collected under the Local Sales
3 and Use Tax Act,
4 BE IT ENACTED BY THE LEGISLATURE OF' THE STATE OF TExASt
5 SECTION 1. Section 5(d), Local Sales end Use Tex Act, as
! 6 amended (Article 1066c, Vernon's Texas Civil Statutes), is amended
7 to read as followar !
e (d) if a city determines that any person, firm, or
9 corporation doing business in the city is not included in a report
10 from the Comptroller, the city shall report the name and address of
12 the person, firm, or corporation to the Comptroller, On receiving
12 a report from a city the Comptroller shall send, before the '
13 expiration of a ninety (90)' day period following the day the
14 Comptroller received a report from the city, an explanation to the
15 city as td - why the person, firm, or corporation it oot obligated
16 for the tax imposed by the city, a statement that the person, firm,
17 or corporation is obligated to,pay the tax and that the tax to
)a delinquent, or a certification that the person, firm, oK
19 corporatioh is obligated to pay the tax,and that the full amount'
20 due under the tax has been credited to the trust account for cities
21 (ef-the-elty).
22 SECTION 2 Subsection A of Section 7, Local Sales and Use'
23 Tax Act (Article 1066c, Vernon's Texas Civil Statutes), is amended;
24 to read as followai
!
66112497 JDN-C1 1
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I A. Any local Pales and use tax collected by the Comptroller
2 under this Act on behalf of cities_ e__dohtina the t'sx_cs under__ this
3 Act (say-e4ty) shall be deposited with the State Treasuror in trust
4 4 and shall be kept in a sin lc to separate suspense accbunt (fer-eneh s
5 axeh-city),
6 SECTION 3. Section 8, local Sales and Use Tax Act I
(Article
7 1066c, Vernon's Texas Civil Statutes), is amended to read as
a followsr
9 Sec. 8, A. t'ach city's sharo of all local sales and use tax f
10 collected under this Act by the Cot troller shall be, transmitted to
11 the Treasurer or the officer perf rming the functions of such ~r
i
12 'office of such city by the Comptroller 'payablo to• the.city
13, periodically as promptly as feasible. Transmittals,revired under '
14 this Act shall be made at least twico in each State fiscal year.
is The funds so transmitted may be used by the•61ty for any purposR
16 for which the general funds of the city may be used. Before
17 transmitting such funds, the Comptroller shall deduct two
is percent
(2%) of the sum collected from'each such city during such period ao
19 a charge by the State of Texas for its services specified in this
1$0 Act, qnd the amounts so deducted,. subject to. Cho
provisions of
21 Section 7B of this Act, shall be deposi.fed by the Comptroller in
22 the State Treasury to the credit of the General Reveddo Fund of
23 the state.
24 8A. Each clty thaws acted the taxes authorized by this
25 Act and that has had the taxer, in effect duri~ the beriod since
26 the inst urecedinn 1lirtributlori !s entitled t~olvn at eac
27 distribution an amount r ai to the Lalnnco of the trust ncceuntt
i
66R2497 JUN-D
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1 less the ancnint that moy be withheld b the Comptroller under Subsection C t
r of this section, times n_fraction the numerator of which is the Population
3 of the city1ccording to the most recent available data certified as accurate
4 on a siatMridc basis by the Cc!Vtrollcr of Pub+ie Accounts and the denominator
5 of vhich is the Population according to the mist recent avallable data cor-
6 tificd as acnu_ate on a statciridc basis dLthc Coro troller of public Accounts
7 of all cities in the State that have Adopted the tnxce authorized raider this
8 Act and have hnd the taxes in effect during the .cried since the last pro-
g eELi jn distribution. If the taxes authorized by this Act have been in effect ,
1D in a city'durin~only a'portion of the period since the last preceding
i '
I it distribution,_ the fraction rcquit<aiy this subsection may be altered by the
II 12 Controller to reduce the city's share proportionally to the amount of tlia
E is that, the taxes were in effect ond'the duration of the period between tM
14 last precodinfi distribution and the current distribution.
15 C. The Comptroller is authorized to retain in the trust (susense)
16 account (or•any•eity) a portion of the jeityis•share•af•the) tax ce,lected '
17 Under this Act; Such balance so retained in the (su!pense) account shall not
is exceed five percent (51) of the balance of tho__accrnutt prior to it distrSMition
ly (ame:mt•remltted-to-the. city). Tho Comptroller is authorized to wAo refiusds
> 20 from the (suspense) account (of•any•elty) for overpayments =do to the (suehl
21 accounts, and to redeem dishonored checks and drafts deposited to the credit of th(
22 account (suspense a~eeanis-af-sueh•eitIts). Mien any city shall adopt the
23 LecAl Sales and Use Tax, and shall thereafter abolish such tax, the Comptroller
24 -ruy retain in tho (suspense) account (of-such-city) for a period of and year
25 five percent (A) of the final remittance to each such city at tho tide of
26 t"e urination of collection of such tax In such city to cover possible refunds
27, for ova)-pallaent of,the tax and to redeem dishonored checks and drafts deposited
i
Will
1 to the credit of the account in nxymont of the taxes eolleetod Within the
r cItY (sech•acMults). After one year has elapsed after the 4ffeetive dato
3 of abolition of such tax in such city, the CorTtroller shall remit (the
r 4 balanee•!n•aucA•aeemurtJ to the city h amount retained less the amcxnt of
S refunds and redom4Stris paid from the nmcwnt retdinod (and•elasa•rhe•eeeount). t
6 SXTJCN 4. (a) Sections 1, t, and 3 of this Act take effect October
7 1, 1979.
8 (b) On or before October 1, 1979, the Comptroller of Public Accounts
9 shall establish the single trust account for all cities frcn which distribu-
ID tions to cities are to be made under the Lteal Sales and Use Tax Act as j
11 amended by this Act, txcept as provided by Subsection (e) of this section,
. t
)2 all tax payments made after October 10 1975, under the Local Sales and Uso
•11 Tax Act and all prepayments of taxes under the Local Sales." Use,Tax Act-
for the
• 14 quarterly period beginning October 1,•1979, shall to deposited in
1S -the single trust scccunt.
16 (e) All tax payments resulting from sales of laxabla,iteks or taxable
17 uses of taxr,blo items occurring before Octobor 11 1979, shall be deposited r
18 to the credit of each city's suspense account.as provided b the Local Sales E
19 and Use Tax Act before the effective date of this Act. Each city's share of
20 tax payments credited to the city's suspense account shall be distributed to
21 the city from the city's suspenso account after. October It 19790 in the
22 canner providod by 0,o Local Sales and Use Tax Act before the effective date
23 of this Act.witil each city's suspense account is depleted and #losed.
24 (d) For the purpose of calculating the first distribution of Curds from
2S the single taut account established by this section and by the amendments to
26 the Local Sales and Use Tax Act by this Act, "the last preceding distribution", 1
11 Ricans October 1, 1979.
1 SCCIION S. The importance of this legislation and the croAed ~',Sndi- '
«tion of the calendars in both housys create an omorgoncy and an imperative it
3 public necessity that tho constitutional rule requiring bills to be read on
4 three several days in each house be suspendod, and this rulo is hereby sus. '
S pondod, ?
6.
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17
11 . .
19
22
13
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TO WHOM IT MAY CONCERN
SUBJECT: Synopsis of HA 941 and SB 983 a
HB 941 and SR 983 provides that the collection of the 11 city.selos t
tax be allocated to the participating municipalities based on popu-
lation rather than on place of purchase,
The present sales tax origination based on place of purchase is a
"taxation without ropresontation". The place of purchase of an
item subject to the It sales tax does not in any way rclate to
services rendered to the public. by tho respective municipality.
The local sales tax would receive a much more equitable distribution '
if FIB 941 and SB•983 were to l7o adopted by the State Legislature, i
-For your personal information, attached is a copy of SB 983 and how
it affects the various municipalities. Also attached is a recapit- F
,ulation showing the sales tax which is collected by each city where
the tax has been voted by the residepts and how the redistribution .
formula would apply.
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pOIN'!'S IN FAVOR 01: A PORTION 01" 1111: SALES TAX BEING REBATED M A i
Prilt CAPITA BASIS, 11B 941 AND 511 983 I
I, The present existing system allows for taxation without
reprosentatioR.
i
Z, fhe present existing system adversely discriminates against rche
low and mod~srate income citizons, when such citizens p
and receives no services in return.
items All another community
3, The present system allows a city in which dPurchase is
made to collect a tax withoul Isuchiagtax,pifvthata'individual
return to tho.,c who have 1
lives outside of the community in which the tax is paid.
c No additional 'the t axoreb}atelunedr5thecexistingusystem
i ag the tax that live within another
by those individuals paying ~ ~
by those 1
community.
S, The revenuei.sehathrinegpronopdiosed
i egislation,' as the fair and equitable manner.
legislation,'
6. The proposed system would he castor to administor by the State.
, li crease demand placed oil a transportation, fire or
policcy in System tram those individualFS outside the limits o a
' particular city is already boing funded through grants and
subsidies by the Federal government.
Example, Dallas' transportation system is subsidized based
on the population of Dallas County not just the population of
the City of Dallas. r..
g, If such increased demands on Qo~ornmcntal'sorvicos exist solely
o thati community, particular wilt stillcexistddespiteso
outside
whether an individual purchases or not.
9. With the ever growing energy crunch, the proposed system will
equalize, the so-called crunch n°nsurroundinglcommunitiesstovdevelop
by outside shoppers, ro
at a faster rate in proon rcommunitiesaalreadyipossessing
thereby ease the drain on particular
such facilities.
10, Suburban communities have the same crunch upon the demand of
services by communities individuals and living wohing ll in.anothcrcoro city or
Other suburban
Approximately forty (40t) percent of the LTV employees
hxa 'not
e'l`o`~nati live in the City of earand Prairie.
11 The existing system perpotuates the richer communitios•getting
'richor and tile poorer communities rutting pooret, and as the community:.
iK nffucted so is tho citizen in terms of a rot-urn of services for,
y
ihn taxes pnid,
12. itetail sorviees, especially rci;i~nal shopping malls, aro''~1
political
developed by the private sector irre,lydloss or
boundaries. The private sector's consicor:iti~~i: is a regional
marketing b1aso for the maximum number of potential as well as
actual customers. Whereas, the existing tax rilh,rn is based
i=p on a politics] bcundary. The proposed rebate will allow each
h individual to see a return of services to his own community,
w1jether that city is the one whore the tax was paid or not.
! 13, The buying public goes to the location whore a item may be
obtained,' despite the fact the location may 1o different from his,
' 14• The smaller communities are in effect, under the existing system,
subsidizing the l.tirger communities where retail services aro offered
iw a variety because of the readily available market.
15. Virtually all-communities tax sales through Advalorem taxes,
both real and lierurchaser inethesprice oftpa tilculiariitemsl. ioowever,
passed on c p purchaser is
with the exit3istini; system of rebating, an out of town p T}1
taxed once again, for which hereceives hcnothing in return, Th c
e which
business entity is already paying for are provided by that particular community when it pays the•Advalorem
taxes. '
16, Communities provide a variety of services such as parks, roads,
Piro and police, etc., which does not. have a tax paid by an individual
everytime he uses a particular 'service These services apply whether
the individual is a resident of that community or not. However, the
existing rebato system does create such a situation.
17. Under the proposed system, each individual through his commtmlty f
in receiving its sh.ara of the rebato would be receiving a return of
sorvicos on the account of the loVying of the tax in a fair and
equitable means, i.o,, taxation with representation.
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CITY OF DENTON
1 ~
MEMORANDUM
DATE OF MEETING: April 3, 1979
AGENDA ITEMt Sid 18646 Word Processing System
i
SIROMY:
This Is for the rental of a complete shared logic word processing
system including four terminals and two printers, with the accessories as.
required for our application.
FISCAL. MIXARY:
Operating budget.
ACTION REQUIRED:
Approval by council
ALTERNATIVES:
kEh Rejection of bid and the City do without'the system, '
STAFF RECOIMENDATIUN: 1
We recommend this bid be awarded to the low rental/purchase bidder
meeting specifications, Wang Laboratories at $1,775.25 per month or a total
of $7,101.00 for four months through this fiscal year ending.September 30, 1979.
M01IBITS :
Tabulation sheet.
• S
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BID 1 3546
BID_ Vold Processing rauinnanr
OPEN Marc. g 1979 Wang Lab. C.P.T.
Corp.
ACCOUNT 1 01-01
QTY. ITEM DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR
2. Rental er month with urchase
option. $1,,775.25 $1,794.80
This bid was sent to six prospective vecdors,, we recaiv three (3) bids
back, howevers one bid was receive after the closing dote and time and
was not considered.
I g
Delivery 60 day .30 day
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CITY OF DENTON
MEMORANDUM'
,DATE OF HEFTING: April 3, 1979
AGENDA ITEM: Bid f 8652 Automatic Load Transfer Equipment
1
SUHMIIRY i •
I
This equipment Is to be used in our Electric Distribution system and so
designated by our work order number 1147. This bid was sent out to nine prospective
vendors. We received only two (2) bids. .
FISCAL SMARY:
Capital budgeted account.
ACTION REQUIRED:
Approval of bid by'City Council. I
ALTERNATIVES:
None.
STAFF RF.C"I ENDATION:
I
We rcronmend this bid be awarded to the low bidder meeting specifications.
Priester Supply Company'at $6,984.61 with shipment in 60 days after receipt of order.
6X1lIBITSi ,
Tabulation sheet.
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1
BID # 8652
BID Automatic Load Transfer EguiPment_
OPEN 3122/79 Priester • R.D. Erb
• Supply CO. Co. •
ACCOUNT 102-52-92-17
TY. ITEM DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR
1 1 Automatic Load transfer switch
with accessories $6.984.61 .$8.400.00
McCraw 6 Thrayer
San amo En g.
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CITY OF DENTON
MEMORANDUM
DATE OF MEETING: April 3, 1979
AGENDA ITEM: Bid f 8653 parking Meters and Service
SUMMARY:
This bid is for the purchase or ,lease of 100 parking meters as authorized
by the City Council to be placed at N.T.S.U. Campus businesses.. The meters were
bid with one half hour 5 cents and one hour 1,0 cents and for the City to either
purchase or lease new or reconditioned model 60 single Duncan Parking meters.
FISCAL SUMMARY:
Not budgeted, however, with proper enforcement the revenue should offset
the cost each year.
ACTION REQUIRED!
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Approve as recommended or reject all bids.
ALTERNATIVES:
{
Outright purchase of meters and hire:someone for service and collection.
STAFF RECO;OfENDATION:
We recommend the City of Denton )ease the 'reconditioned Duncan Meters,
.,item 2B for one year at $4,200.00 minimum and purchase the complete maintenance
item 3-211 including weekly collection at $1,200.00 per year minimum. The lease
j is to be 50% of the revenue when the revenue is greater than the minimum shivn
above. We can only expect to receive revenue in relation to effective enforce-
meet. We would recommend that without;proper enforcement tha meters not be
I installed. Total recommendation minimum cast per year $5,400.00 the how and only
I bidder for lease of reconditioned metes with complete service, Jerry Dreher,
I Distributor.
=11BITS:
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Tabulation sheet, t
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BID 14653
SID Parking Meters & Service
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OPEN 3/22/79 Jerry U. S. Duncan Simrens
Dreher Meter Ind. Sales
ACCOUNT 1 Dist.
QTY. ITEM DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR f~
Z METERS r
IA. 100 Purchase new $9,33S.Gu" $9,335.00 $9,990.00
IB. 100 teased new 1 Year $9,744.80
2A. 100 Purchase Reconditioned N/B $5'1450.00 Y
23. 100 Leased Reconditioned 1 Year $41200.00
`.IA 100 Complete new Service L yr. $2,400.00
`,•18 100 Complete Service Recond. 1 yr. $2,400.00
28 100 Complete,service leased 1 yr. Recon $1,200.00
*Minimum to 50% of revenue collectio
3
per menth Which ever is seedeet
Total Minimum prima as recormended
item 2B 6 3-2B
$5,400.00
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