HomeMy WebLinkAbout05-01-1979 4 r.
a. CITY OF DI:N19N CITY COUNCIL
MAY 1, 1979
1. Consider the m.iruten of the Regular Meeting of April 17, 19791 tho.
Special Cdllod Meeting of April 13# 1979 and the Special Called
Mooting of April 241 1979.
2. PUBLIC IILARINGSt
A. Z-13134. This Is the petition of De. Walter S, Miller requesting'
a change in zoning from Single Fumily (S1•'-7) to office (0)
ClaDiMication at 2200 Wont Oak Street.
B. Z-1386. This is the petition of Henry S. Miller Company request-
ing a change in zoning from Agricultural (A) to Cencral Retail
(GR) elasuificetion on 14.5 acres located on the south side of
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1-35E near tho loop interchango,
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3. Consider the rctgde st of John Whltsoll to speak In behalf of the Arma-
dillo Coalition of Texas rolativo to tho City's participation in
Comanche Peak Nuclear project.
4. Consider the request of Claude Pill to apiear before the Council con- '
corning the bonnie Bras Construction Project.
S. ORBINANCESt 3 'I
A. Consider an ordinance approving planned development conditions and.
sito plan of John Knox Villago. I
6. RESOLUTIONSt
? A. Consider a Resolution approving land purchases and sates.,
no Consider a Resolution designating Dig Brothers and Big Sisters of )
Denton County as Lhi City's sponsoring representative for a Texas {
Department of Community Affairs Early Childhood Development Grant
which will provide funds for a Summer Children's Fair.
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C. Consider a Resolution ottnlorlny,tho construction of improvements on t#
Loop 200 and a Texas U-Turn on 1-352 near Golden Triangle Hall,
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7. Consider'tho appointment of a Citizens Charter Advisory eommitteo.
S. Consider payment to the Denton Independent School District for rontal of t
school gymnasiums for 1970-796
1 9, Consider easement and property acquisition in the louer Section of Pecan
t Creek.
10, Consider approving a polo use agroement botween the City of Denton and
Colden Triangle Communications.
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'11. Consider payment to 1'reeno and
nVAr Donnie Prao tliphols for a otudy of t}w Fluod Plain
and Payne Drive,, •
12. Consider the rolenso
and of liability 'to Triple A Auto Salvage, J3 A 4 Gulf
wallar yxxon corcorninq authority and lcgal,ity of removing junk
vehi.clOo from priv,tto property,
13. Considor'an update on pending legislation.
71 14. Consider setting tho May of
1979 otudy Session 'Agenda,
25. Consider the Ccnnont'Agenda.
s Each of those items is recommended by the Staff and approval thereof will be
t strictly on the basis of the staff recommendation. Approval of the Consent Agenda
authorizes the City Manager or his dosigneu to implement each item in accordance
with thu Staff recomnandationt
A. RCFERRATA
i (1) 7.-1380. This is the rorlccd potition of Mr. Mlph Nations
II requesting a change in zoning from Agricultural (A) to
TWO Family (2-F) classification at 2722 F. University Dr,
(2) 2-1391. This'is the petition of Ma. Elitaboth darrott re-
questing a change in zoning from Agricultural (A) to Single
j Family (SF-7) classification on approximately 40 acres lo-
cated east of the Mozingo Addition and bounded generally
+ on the north by Mingo Road, on the south by Lattimotoo and
on the oast by Audra;
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(3) 2-1392, This is the petition of Mr. Tom Pouts requesting
a change in zoning from ltigricultural (A) to Commercial
(C) elassification on Approximately 6.4 acres located on
the south side of 1-35E, bsginning 3500' wort of Denton State
school Road.
(4) 2-1393. 9lhis is the petition of Mr, Tom a chango in zoning from Agricultural A) tostighteindustrial
(LI) classification for approximately eight acres located
on the northwest corner of East WKinnoy and Mayhtll Road,
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fl) 18656 Electric Distribution Transformero
(2) 19661 Transmission Poles
16. Executive Sessielli
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A, Pending litigation r
9. Personnel
17, Consldor Ooaid Appointments.
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AGENDA
CITY OF DENTON CITY COUNCIL.
MAY 1, 1979
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Addition to Item 6A "Resolutions,,
F L Consider Ree.olution ratifying Sale of property at Doll
to Denton vublishing Co. & Sycamore
(Miller Davidge desires to address the
I~ Council regarding this matt6r
114 prior to the consideration,)
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Cit ril 17, 1979
n Ap
Regular Mceting of the City Cotmcil of the lty of Denton Texas Tuesday, April
17, 1979 at 7:00 p.m, I;, tix Council Chambc of the Fknicipal Building.
PRFSIM, Mayor Pro Tem Gay, Fkmbers Nash, Stewart and Vela; City Mane cr Chris
ILartutg, City Attorney Paul (sham and City Secretary Brooks Holt,
s 1. Motion was made by Steuart, seconded by Hughes that the minutes of the
Regular Wo a of April 3, 1970 and the Special Called Mcettng of April 10, 1979
be approved. Motion carried.
2. PUBLIC WARINGS:
# (A) A public hearing was held of 2.1363 the petition o[ Mr. Carroll
Coca, request]nngg a than o In toning from Single Family (SF•7) to Multi-Family
Restricted (h0'•R) classfficatlon on three acres located on tie west side of bell
Avenue, adjacent and south of the Denton Rousing Authority's elderly development
The Mayor opened the public hearing. After hearing 1 speak in favor
and 1 in ol.posltion, the Mayor closed the public hearing.
I Sohn Larretta stated that the P1 =Ing and Zoning Commission had
unanimously tecchenmended approval of this pok,tion.
for anticipated growth of the Citytect neighborhoods, but we also need housing
Motion was We by Nash, seconded by Vela that the request be deniad.
Motion carried 1 to 1.
1 3. The Council considered the Annual Report of the Denton Chamber of
Commerce convention and Visitors Bureau. ;
Darrell Woolwine, Director of the Convention and Visitors Bureau present-
ed a Financial Report, chewing that $61,917.39 was received; that this is h
} increase over 1977.76 flnanO+ . years revenue. Mr. Woulwine presented to Council
f Marbers Financial Statement and Budget figures and Program of Work for 1070.60.
! Motion was made by Ikghes, seconded by Nash to receive the report. i
I Wt]oh carried.
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I ORDINANCES: +
j The following Ordinances were presented:
i (A) ORDIFLVOCB 179.33 (Troy Glenn)
AN ORDINANCE! At1IIDING TIM ZONING W OF 7115 CITY OF DENTON, TEXAS, AS SMffi WAS
ADOPTED AS M APPENDIX TO T112 CODE OF ORDIM S OF 7105 CITY OF 11FNOON TaAS
BY ORDINANCE NO, 69.1, AND AS SAID MAP APPLIES TO CITY LOTS 1.15 AND C17Y
16 AND 17 OF' KOCK NO. 165 AS SIMN THIS 617E ON 71C OFFICIAL TAX MAP OP TIE CITY
OFFL ty , TEXAS, AND FMC PARTICULARLY DESCRIBED TIMIN. AND DECLARING AN
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Motion was Ludo Stewart, seconded by Itsghes that the Ordinance be
passed. On roll call vote Vby ella "aye", Nash "aye", Stewart "aye", 11ughes '<<ye"
and Coy "aye". Motion csrr]eJ,
„ i (9) ORDINANCE 179.34
AN ORDINANCE WING PARKING ON B07N SIDES OF WOODROW LANE I'AN MOKSB STREET TO t
SOD FEET WTI OF Tit WILLOW SPUMS INI£RS*.C ON. PROVIDING A SW ABILIYY CUUSB; ,
PROVIDING A PENALTY; AND bWLgdNG AN EFRUIVE IATB.
Rick Svehla rdwlsed thi t the passage of this Ordinance was recommended
by the Citizen Traffic Sa,ety Support Commission, He added that it's his impression 1
! I that TNrbo people will euke provl%tons for parking other than on Woodrow Lane, t
Motlon was aide by 1tish, seconded by INshes that the Ordinance bo pass. +
ed, w[.:h So days rather than 14 days given before o Ordinance oes into affect
Ott roll call vote Stewart "eye", Vela "ayd', NaO.. "aye", Ilughos llr'p' and Gay "aye
Wtion carried. ,
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April 17, 1979 Continued
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(J The Council considered a revised general plan
(John Knox Retirement Village) and considered site 1°n °
PD-22, for Planned pevelopnant 22
P Pf Vvml for a portion of ohn a the revised peneravl site 'pIand fora JohneKnox Retii n¢ na nntOY , e and that the o planni
spprovcd site 1 QConrnlssion had
reviewed
Plan author red 1,170 single story units on 1a
riginal
1ST ecres,
a Robert Fern of John Knox Retirement Village, added that two / story
partmknt buildings (98 Units and I61 units) and a nursing hanw edminla
building would require t1to eltnlnatlon of several res"Onti°1 clusters,
trotfon
4 general O"On was Made b Vela seconded by Stewart to e
1 pla Motion carried 1 to 1,
pprove the revised
Motion ed 3 os2!"ade by Yelo, seconded by lkighes to approve the site plan,
Notion carri
D vel' no Council considered site plan approval for a
M eopment 23 located On Carroll BOUl:vard, portion of planned
{ ^ John Lavretta advised that the planning and toning
W approval of this Bite plan with the follaring cord{tion re°rdlr~iecce,s to taahneended
Property;
Q (A) An elternativa access to Carroll Boulevard shall be
a the smwll retail ores east of the opBouleva site is evOvid
pion for a Provided when
by 4t has
Notion vos made ! , seconded by Nash to approve the r sty site
I portion of Pp•23 withu condition, Notion carried, P opo
1 7, The ~Ouncll considered instttuting annexation rocoedi
Petition of Mr. Jams James Ne Mbletctt aecktng Annexation pp ~ing tho
rigs re ird
classification for 22,1 Beres locitedd on the nort~alde goF US u S80o s
8astr) Thi
tract begins 1700' east of the intersection of ]80 and Cooper Creek Road and
measures /p0' In width and 1200' In depth.
! Cit~ Atto
~ and that the rney taham sold flat toning had been
Council ahn3ld publish the Ordinance °rdgp oceodAt wlt~ a public tloa
to .
Notion was made by Stewart, seconded by Nash to instruct the City Attorney
i publish tM anneutlon Ordinance, Notion carried,.
1114 CoLmll considered content of a
of the old Post Office Building, request for proposals,for the agile
John Lavretta advised that there could be 2 alternetivos advertising
for the old Post Office building. to
i (A) Advehighserttise the Post Office property for sale ud award it to the
bidder,
(B) Advertise the lost Office property for sole, but require led use
plops with the bids and
Proposal. award the property to the best Overeil {
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advertise the Old Post Office bujld(ng fosaley S►t~en cerritd,t the Staff to
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The Council considered selection
catstructl of "'Consultant to Perrone design std '
on Administration for the Robertson Street overpass, ,
John levretta advised the Council that 1S firms were contacted to see if
they were interested; / firms responded,
the City,i Committee detctmined
that passed the selection criteria, (Forrest AnntiCotten, Ile, meets the needs of
A reppresontot',ve of Forrest and Cotten vas present ud presented
brochures to the Council.
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190 April 17, .1979 Continued
Councll,akniber Nash sold that he wanted to have a local firm to have a Say,
Sill Schoell of Schoell Fields and Association of Denton, stated that if
his firm were chosen he could utllite the association of the firm of Bakke, Zopp,
Ballow and M:Farlsmxi of St. Louts Park, Minnesota.
City Manager llartunp stated that it's the Cxmcil's prerogative to take
whatever action they desire,
Council Member 14hes added that she thought that the City should give
other firms a chance for the contract,
Motion was made by Nash, seconded by Stewart to table the :natter. Motion
carried / to 1,
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The council, however, continued to discuss the matter after the motion
was passed as foliewst
t Stevart••Agreed with Nash that Schooll, Fields and Association could
build the overpass.
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produce. ung •1 an asking the Council to keep me advised of local firms who
could prod
Yela••Suggestod that rough drawings be made of the proposed bridge by
firms Involved with approximate cost of the project.
Ilughes••hy concern is that we should not interview them but should take
Staff roco:mendations. We did ask the Staff to advertise.
Gey••Nhon we direct the Staff to obtrin bids we should honor their
decision,
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l { 10. The Council considered a contract between tine City of Denton Paris and
Recreation Dopartment and the MM Division of Recreation and Leisure Study td
conduct a model Sumner leisure education program as recam:endod by the Parks and
Recreation Bosrd. t
Dick.lkxk, Parks wed Recreation Director, made available a brochure
I containing a pfoposal Submitted to the City of Denton by N'M Division of Recreation
and Leisure Study and added that the Parks Board recommends this agreement with MM.
Motion was made by Stewart seconded by 104ties to enter into an agreement i
with N?M to corwluct a sadel surmer leisure education program for 3 established
` playground sites In Denton. Mution carried,
11. no Council considered in update od pendinS legislation and indicated
1 their opinion relative to them.
i S.D.•981•-Council Plembers asked fat more information.
The Cotmell vas not definite on several Bills is to tot or Igainst.
No action was taken.
12, - CCNSINr AGD W:
Motion was made by 1h:ghes, Seconded by Stewart that the following Consent
Agenda be approved. Motion carried,
(A) REFFRIIAI.S:
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The following 3 petitions were referred to the Planning and Zoning t
I Corrdssion for its rcconmcMations.
(1) 2.1.,88, the petition of Mr. Rth Nations, re *Sting a chnnge
In toning from Agricultural (A) to Two Family '(2•F) classification for 3.7 acres
Iocatcd an the South Side of U.S. 380 Past, immediately cost of the Intersection
of 180 and the T'4 P Wr railroad tracki, ,
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April 17, 1979 Continued 4 1
i Z-, th0 petition of Mr. Kert Moore, requesting a change in
zoning from Mul(2ti•Fandly1389!1'9'-2) to Neighborhood Service (NS) elassifitatcha on
39 acre tract lecgted on the southwest corner of Palle Drive and Avenex- B.
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(3) 2-1390, the petition of Mr. Robert Caldwell and *a. Raw,
Johnston, requesting a chance in zoning frcn Multi-Family (MF•2) to Neighhorhood
' Service (NS) classification for .6 acre located on the southwest comer of West
BlicAory uul Welch Streets,
(B) BIDS:
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(1) 186S4, riding growers, awarded to the low bidder netting ,peel.
flcatlons, Watson Distributing at a total bid of 39,215,00.
(2J 18655, dllorinators, awarded to the low bidder Mott apeet-
fications
enton, T, 1110 Rohan Company for a total for six chlorinators of (,5,015,34, FOB
Denton, cxss with delivery 30 to 60 days,
lu ,6562, Landfill CarTactor/contlnuatlon of lease, to be leased
for additiout 21 month portal, Our lease/put•chasa option will be continued,
however, the outright purchue price at the end of the sOCOnd 12 month period
I m would be reduced to 529,738.00 plus 7 1/21 simple interest,
dJscws
13. 111e Council recessed auto Fxmtive Session at 9:10 p.m, to Q Bogtd Appointments,
14. Ito Council reconvened Into Public Sessio,t at 0:37 P.m. j
Motion was gade by Stewart seconded by Vela that Dr, JaM Carrell bo 1
i appointed to the Airport Board. Motion carried 4 to 1 with Nash luting the
! negative vote, but explained that 110 had not had the opportunity to talk with ;
E Dr. Correll,
Meeting ad)oum}cd at 0:42
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11G City Council
April 15, 1979
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44 Emergency Called Meeting of the City Council of the City of Denton,
Texas, Friday, April 13, 1979 at 4:30 p,m. In the Council Chamber of
the Municipal Building.
PRESENT: Mayor Pro Tom Gay, Members Vels, Nish and flu hest City Manager
Chris Hartung, City Attorney Paul !sham andity Secretary
Brooks Holt.
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ABSENT: Council Member Stewart
1. The Council considered the following Ordinance canvassing
y the recount of the election results for Place 2.
ORDINANCE 179.31
i• AN ORDINANCE CANVASSING THE RECOUNT OF ELECTION RETURNS IN PLACE TWO
•(2) OF ELECTION HELD APRIL T, 1979,"
THE COUNCIL OF THE CITY OP DENTON, TEXAS, HEREBY ORDAINS:
i SECTION I.
That the City Council officially finds end determines that an election
was duly ordered to be held in the City of Denton, Texas, on the 7th day
of April, 1979, for the purpose of electing three (3)) members to said
Council three members to be elected to Places One (1) Two (2), and
Three (rS) for two (2) year term" that proper notice )t said a action .
wss duly liven; that proper election officers were duly appointed prior
! to said eection! that said election was duly heldi that due returns of
the result of sold election have been made and delvered; and that the
City Council has duly csnvassed•said returnst that a request was duly
nade to recount the votes in place Two (2)1 that a Committee vas apppoint-
1 ed to conduct the recount in accordance with Article 9.36a of the, axes
j Election Code; that such recount was conducted on April 130 1970; 111
In accordance with law,
SECTION 11.(
That- the City Council officially finds and determines that only resident i
qualified ejectors of said City were allowed to vote At Asia election, y
and that the recount shows that the following votes were cast at said
election for each candidate in Place Two (2), there.being no other person
1 receiving any votes at this election;
I` PLACE TWO Mt Doping* Cottle, 164
f Ceorta Schneider 960
Ray Stephens 1190
' Lawrence "Robby" Robinson $34
j SECTION III,
That the City Council officially finds, determines and declares the
results of said election to be that Ray Stephens and Ceorre Schneider
received the highest and second highest votes,respectively in Place
Two (1), and it is determined that a special run-off election is
~I accessary to fill place Two (1). -
PASSED AND APPROVED this the 130 day of April, A. D. 1979.
DENTON,~fEXAS
AT7E5Tt CITY Of
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CCRtITY OF YIIOF btI9bEN"fON',Ti7TYE:XASCLtRtl'Xgy"'~
APPROVED AS TO LEGAL FOPM
CITY OF DENTON, 'EXAS -
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April 13, , 1919 Continued 147
Motion was made by Nash, Seconded by Yela that trtanCe
? be passed, On roll C411 vote Hughes O,eye" he Ordi
Gay "eye"- Motion Carried. i Nash aya Yela "aye„ and
Meeting adJaurned•st 4,45 ~
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City Camcil and Alul+ort Board
April 24, 1979
r 8110611 Called Joint ?Icelinr, or Ille Cdty Coivcil and the Airport Board of the
L'lty n[ Ikruon, Texas mid a Sla clad Cnllcd bh•ctEnR of the City Council, Tucsday,
i April 24, 1'179 nt 7; U0 p,ui. 1n the Ca+nc11 Ch+L bcr of the hdw;clpal BulldJng.
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PRI1SIX' Clty Crnurcll: Mayor Pro I'm Cay, Mcnd+ers Nash, Stewart, Vela and Ilughesl
Uty hfiiZig`er Chris IlaritvV,, City Attorney Paul Jalum: mid City Secretary
Brooks Holt.
Airiwrt Board; Wright, Thomas, Crouch, Slater, Moorehead, Carrell and
7'ayor.
J011cr MITNNG Of 110; CITY CCt1NCIL AND 11M AIBIb11T KWB
1. A contract with Acrosmith Ik•nton Corporation was considered,
spent one Wright, finishing a Chaim-siinon the Airport Board, advised that the
I Ikrard Ball G
the Cormcil h.ul already approved 14 points. Ior the lu suggestedt thatttthetdocuumment bent
accepted in principle and requested tlut the City Attorne/ confer with Aerosmi+h's
'attorney to work out details. Ile advised that the document was unanimously
approved by the Airport Beam.
N'r1Lht stated that an, additional 11 year period NO% inclined at the
option of the lessee, if additional bt,lldJngs and Improvements are done.
Vela--alhat stout Insurance?
Wrlght--Tills was inserted as item C on page 10 of the Contract.
Stewart--Neat about 'f-hangars?
Wright-.Ilia City will receive 101 of the revenue of all hangars.
Stewart-.Arc we still paying Acrosmith $1,000 per month for hangars? li
Wright-.Yes until 1981, but hangars will be City property at the end
of this pcr;od.
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Stewart--isn't the period of the lease t:a long?
Wright-•iho Contract Is tho'best we can offer, €
Motion was made by Nash, seconded by Vela to accept the recamendatien i
of the Airport Board and to refer the matter to the City Attorney and the attorney 1
for Acrosmith. Motion carried 4 to 1. ,
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2. Tormination of the Agency Agreement with Acrosmith Denton Corporation
for airport management services was considered.
Wrigght requested that the Agency Agreement item and Agenda items regarding
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instructing tEte City Attorney to recover agricultural lease !:ells cc locted at I
Denton ltmielpal Airport and terminating the 1975 contract olth Acrosmith Denton s
i Corporation be referrod to the Airport Board for the board's considcratiwt. #
Motion was made by Stewart, seconded by Ilughos that the above mentioned
uteri be turn.ed'ovcr to the Airport Board for study. fbtion carried.
3. Ilia request of Acrosmith Denton Corporation to construct new 1`41angars
at Denton "Icipet Airport was considerod.
Wright urged approval of these buildings, "They are badly needed", he
said.
Motion was made by Nash, seconded by Vcls to approve Acrosmith'I request
to construct hangars subject to an inspection and it building pormit, lotion carried.
pryyp'~pp...xrrw.-x.... 'iii ......rr.•- i"K...w . . . r : ~~.rnn.~.t i
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April 24, 1979 Continuod 143
t1:Cf1NC OF 11III CITY CcAML;
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1710 Cotmcli considered the regwst of hWlvin Sinn and Associates for
street lmprovonents op Loop 189 near Golder Triangle stall.
Ron Perry, representing the AhlI, stated that a study Is being mado of
the truffic stluatton at ME mw1 Loop 289. No added tlut on a typicM weekday,
the }Lill should generate 2S,000 vehicles. too added that stutiles were mado as to
where traffic would cone from. Ile said that 60,21 frcnl 135E from the north, -
11.St from the south, 201 frnn Loop 299 and Colorado Boulevard extension 2.31. k
IW ssid that because of this traffic a u-torn Is needed, adding that the Inter
section of U,S. 377 ncels to bo Improved also, and that signals are needed at
the access road from the-north,
Vcla--who pays for this work?
t Miller DaviJgo, local attorney, stated that lie ems of the opinion thot
the State of Texas would pay much of the cost. iW added that the developer has
agre"d to pay the cost of the design,
M Nash stated that the City will enjoy crmsidorablo revenue from the Kill,
and they are not askiry M to spend roculcry at this particular time, that ho believes
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that Stato and Federal funds will be made avallable.
hi Motion was made by Nash, seconded by Stewart to go forward with the
Q plans for the highway changes. Motion carried with Yela abstaining m1 the grounds
Q tl.tit he does not know what the final cost to the Denton taxpayers will be for the
improvements,
2. The Coutcil considered the inquiry of Phillip Larhnore coororning
utility billing.
Mr. Larlmorc stated that individual motors, had been placed at Loma Dol
Rey Apartments and the owner did lower the rent $29.00, He said he did have a
balance on a bill, but that he was paying 1St interest an a past duo balance.
Ida asked why he was paying this amount and why did his billing time fluctuate?
No action was taken,
3. The Cotslcll considered the request of Avenue A merchants calling for
the instal ation of 30 minute only parking meters on Avenue A between Hickory
Street and Milborry Street, r
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Joe Northern spoke for the ntrchants on Avenue A, teauesting that 30
' minute meters be installed nut Avenue A
The City Manager stated that it was a simple matter to adjust the meters f
for 30 minutes otay.
Motion was made by Nash, accorded by Iinghos to Intranet the City Staff
1 to set 30 minute meters on Avenue A , Motion carried. 1
4. 1ha following Ordinance Vas presented:
MDD,WNCE 479.35 ~
M ORDIKWr. CNAMSINC ELECTION Rb'IMS OP RUN-OFF ELECTION 1910 APRIL 210 1979, +
M F11M TWJ COLDkIL')3LdlN5 TO 110 PUVCCS, PIKES TNII AN1I Via,
TIC COMI L OF TV CITY of PINiCN, Tm, I lfdtl;BY OROmi m I
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siclim 1.
That the City Council officially furls and detertdnea that a run-off election was
duly ordered to be hold in the City of Nnton, Texas, on the 21st day of April,
w' 1 1979, for the pun'poso of eloctIqg two members to said Coic1l, one member to bo
' elated to Place Two And one member to be elected to Place Three for Wo (2) year
terms; tlmt proper notice or said election was July kiven; tl>.at pebpor election
1 officers were duly algrodnted prior to sold election; that said election was duly
hold; that due retuw of the result of Sold election have been made bn1 delivered;
W that the City CmIficll has duty canvassed sold iriuritsl all In necord:tnco with
I law.
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April 24,•1979 Con Iinucd
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Iluat tLo City CO(Wil officially finds full determines that only resident qualified
electors of said City were JlJnwrd to veto rt sold election, ami the following
votes wore cast at said election for earh candidate nnJ writc•in, there being no
other person receiving any votes at this election:
I'IACI: 1hU (2): Gcorp•e SCIa1cJJer 996 votes
Ray Stephens 2185 votes
PLACE 110U, (s): lt,ry Claude Gay 1210 votes
. Del Ik•nslcy ]954 voles
Si'Cf1ON 111. .
Ihat the city council officially finds, determines and declares the results of
sold election to be that Ray Stephens Is elected to i'laeo Two (2) for n two year
tonni and Dud W-usley Is elected to Place Ilorco Si) for a two year term; and they
receved tho proper nnnbcr of votes to he elected, and thou they are elected to
said Com0l in accordance with law,
I'AS.SF.D AND API111dv111 this the 22nd day of April. A. D. 1979.
~Sti~Y~i]~~iTfYRY; "FGI~FI~TI'[i 3~`
CITY OF Drsim IT AS
A'fll;'STt
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1Y1L1'; i~1'fY3LT 9iY
Cf1Y OF U-NICN, I'MS
APPMD AS TO UXAL FORM: I
1rU]L C. IS1Nq,, f ' I1T
CITY OF IUMON, IF" a
Motion was made by Stewart, seconded by Fhrghes that tho ordinance be
passed. On roll call vote Yels "aye", Hughes "dye"i Stewart "aye", Nash "ayd' }
and Gay "aye". Motion carried.
5. Ilia City Secretary presented plaques to out going Council Members Mary
Claude Gay and Flinor Ilughos.
6. The City Secretary odmiAlstored the oath of office to new Council ikmbels
Axy Stephens arwl Rod IMnslcy, they took their seats on the Council.
7. 71ho City Secretary took the chair and opened nominations for the position.
1 of lLayor.
Council lkmnbcr Ik'nsloy namimted Sill Nash, and no other nominations were
presented, on ov vote that followed, Nash was elected Mayor of the City of Denton
I by a 4 to 1 vote. i
Nominations were opened for the position of Mayor Pro Tem.
1 Council lkmirr liensley rKni ated Ray Stephens. On the vote that follow;- 1
cd Sttj&%s wan elected Mayor Pro Tom by o vote of 4 to 1,
1. Mayor Nash read two Resolutions in appreetation of Elinor Ihrghes and
+ Wry Claude Gay as followst
(A) AT A R1A W l6WFTING (1F TIC CITY MMIL OF 1191 CITY OF DAYTON, j
( 19 gS, IM) IN Tic amcipm wJvNG of SAID CITY GN IIIF 24711 DAY OF APRIL,, A.D.
T i TIM STA11: OF I L%AS
CfXArl1' OF 10M RFSOIIMION IN I
CITY Or DIN1'0N ] API'RL+CIATIM OF MY CLAIM GAY
t
Will
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April 24, 1979 Continued 145
h1C'ItIAS, on behalf of the people of the City of ik:,ton, Texas, the hUyor jud city
Cat nctI desire to -ublicly rxpress their sincere gratitude to Katy Claude Gay for
,aluable puhlIC setvlce as A mrriber of the City Cautcll from April, 1977 until
April, 1979; and
h18;IJ'AS, the s.,yor aril City Council a_bw1wledge with grateful appreciation of tho '
tireless and outstanding mvu,er in which she has perfonnod these, and many other,
public services, and extend their best wishes for hot continued Success as a
canrumity lcodvr; an!
hin'1UAS, N1,' Clauda Coy has be.,, i,cry active as a member of this Council, which
clvctN her Alayor Pro-Tern in April, 1978 which office continued until the end of
her ten,, wi,ich inliCatrs the cste(n this Colulcil holds for her; and
hlaikPASI R-ry Mole Gay has cootinunlly strived to make Denton a better place to
live and has worked long and hard for Denton's growth and proper develoircnt.
NXY, '119101M, bDi IT RFSOLYII) BY 711E CO11+X°IL or TIM CITY OF IANTON:
that the sincere and warm appreciation of Kiry Ciatxio Gay, felt by the citizens
(Y) and officers of the City of Denton, be fotmilly conveyed to her in a permanent
(y) Cianper by spreading this Resolution upon tho official minutes of the City of
Denton, Texas, and forwarding to hot a true copy hereof; and
Q AA IT IM110:k RESOIMP,
Q that the City of Denton does horsy officially and sincerely extend its best
i wi-hes to the Honorable Nary Cl;.ude Gay, for a long and successful career as e
moiler of our community, and as a civic lender.
►AS51:D kV APiTtMD this the 24th day of April, A. D. 1979,
I
' 2S1Y -
CITY OF t(KrON, TTXkS
{ ATfE r:
i
iPLIO C1 IV 311CMDr - I
CITY OF "TON, 11:'Xll9 f
V API't MI) AS To IIML R M
I a 11
a n L U. 151T;`i f1Y 7Ct'?4AiRL1'
CITY OF ptX. tl7N, 11:14,5 a
Notion was made by Vela, seconder iy Stewart th.•it the F.dsclut'.on be
massed, On roll call vat-. Stepho.s "aye", Ionsley "Aye", Stewart "aye", 'Pela
eyc" and Nash "aye". Notion carried;
(R) At A REM AR NVJNG OF Tim CITY CUINCIL OF 111I CITY OF 11INIU:1,
TLxkl;, IIFID IN TIM WNIC1PAL WILDIA; OF SAM MY CN Tim 24'111 WY OF APRIL, A, D.
' 1979.,
I 711U SATE OF TEXAS
COLWY OF 11INPON RESOLUTION IN APPAMIATION OF
CITY OF DINIUN LLINJiI IMIFS
RUM the Council of the City of Iknton is loging one of its oast valued
j members, Flinor Itughes, who was elected thereto in April of 1975 havi" chosen I
not to sock re-election in order to devote more time to her family and professional '
pursuits; and y
i idY'.RPAS, Elinor,llugyhes has utaalfishl contributed her 'time and effort in an out-
standing and ex" ary manor during her tenure of office, and has promoted the
I watfare ant proslvrlty of t1e Cityl and
I MAIM, Elinor lluglncs, his been very active cis a member of this COMM, which
elected her Mayor in A +ril, 1976 serving In that capacity until April, 1970, which
f Indicates the estoem t~1% Catarrh holds for herl and I
1 .
y
F
•
April 24, 1979 Continrnud
N11f.1i}41.ti, the Cily of It•uton'hns tKCn extnrmol". for[rmnte in having enjoyed the
dedicated nnS outst:w,lioit services of i:linor I jaws, for the me1v years she has
been with tlw City, and sock her future services and continued snmlurt which 1,r
iatuw 1,111 be furthcming.
NOW, :ID:I11-ORE, bl: IT W'..`x1L11'.M BY '11111 CCtN IL of 110: Cl1Y N° T17dfON:
that the sincere anrj warn appreciation or minor Ihighes, felt by rho citizens and
officers of the City of Penton, be fornwlly conveyed to her in a permanent manner
by spreading this Resolution Open the Official minutes of the city of Denton,
Texas, and folwnrdirtg to her a true copy beraof; and
BE IT ilikII11 BI:SOL111t,
that the City of Denton does hereby officially'and sincerely extend Its -best
wishes to the lbnorable fairer 1Gg1lnes, for a long end successful career as a
nembcr of our ecnmnmity, and as it civic leader.
pAscxD A40 AFp.Kmu) Ill's I'M 24th day Of[April, _A. D. 1979.
CITY or I>CxIUq, Tales
ATTEST:
1 Ta ; Z'Si'1rSi7.'k1:9701Y-
CITY of DINIM TI1AS
1 AppkMT.1) AS To 116AI. 113IM:
'K-~
CITY op MX111N, 1T)Lt5
i Motion was mrdo by Wa, seconded by Stewart that the Resolution be.
massed. tan T01 call veto Stephens "aye', Stewart "aye", 1a nslcy "aye". Vela
aye" rind Nash "aye", Motion carried.
The piayor then stated that the Council appreciated the contribution
slack by !lushes end Gayy LM although there were diffetcnaes of opinion between hi,n
and those council iicanbers, they provided much to the welfare of the City of Menton.
9• Sill i,1 ell of the Fvening Optimist Club presented antiquo Sues to the
incoming Council jllcrnbers.
lbtion was mado by Vela, seconded by Stewart that a Resolution be
prepared to be presented to the Evening optimist Club. Motion carried.
nt. to discuss land {
f 1 10. 1110 council recessed Into Executive Session of 4 p.
acquisition, Trantham vs. Iblt Litigation anS Instructions to Staff in regards to
rho recall election and Trontham Is. lblt lawsult. }
1 ll, .Tlre Council reconvened into rulrlic Session at 9:55
1fie City Sccrr:ta[y certified the recall petition to the Ci&` ouncil and
the City Attorney advised the council that it was not hecessary for Council
to do anything except receive the tertification because the S members sought to
be recalled arc no lalgcr on the Coum.11.
Motion was nude by Vela, soeorwied by ftephcns to receive the certifi-
cation. Motion carried.
,
iiceting ndjoumai at 10 P.M.
-
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PLANNING AND ZONING COMMISSION RECOMMENDATION
TO THE CITY COUNCIL
Z-1384
MAY 1, 1979
1
IDENTITY: Z-1384
This is the petition of Dr. Walter S. Miller requesting a change in zoning
from Single Family (SF-7) to Office (0) classification at 2280 W. Oak. k
LOCATION:
The site in this request is located on the north side of West Oak Street,
between Bonnie Brae and Thomas Streets.
RECOMMENDATION:
The petitioner seeks this zoning change in order to permit the operation i
of a doctor's office in this location on a part-time basis. The proposed
zoning change is the only zoning option available to him which would per- ,
mit this operation.
The Planning Commission recommended approval of this petition for Office
(0) zoning suggesting that the limited doctor's office proposed for this
location wopld not cause significant negative impacts to surrounding prop-
erty owners. While the property in this request is currently zoned Single
Family (SF-1), a variety of land uses exist in this vicinity. Apartments
are located along Thomas Street, two lots east of the site in-this peti-
tion, as well as on the south side of Oak, Retail zoning and development
also exist at the Bonnie Brae - Oak intersection, to the west of this site.
Consequently, the Planning Commission felt the effect of this change to
# surrounding property owners would be limited. i
!f
The Planning and Community Development Department did not support the
requested zoning petition as submitted. Of notices sent to property owners
for the Planning ommission hearing, sever, .-ere returned in favor and none
" in opposition to this request. Several persons spoke in favor of this
request at the Planning Commission hearing. Two persons expressed reser-
vations about the rezoning because Office (0) zoning on this 1.2 acre tract
would permit uses other than those proposed such as a large scale office
or apartment development, t
The Planning and Zoning Commission recommended the City Council approve
zoning petition Z-13841 The vote was 4 - 2. j
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PLANNING AND ZONING COMMISSION RECOMMENDATION
TO THE CITY COUNCIL
Z-1386
MAY 1, 1979
IDENTITY: Z-1386
i
This is the petition of Henry S. Miller Company requesting a change in
zoning from Agricultural (A) to General Retail (GR) classification on a
14.5 acre tract.
LOCATION:
This property is located on the south side of I-35E near its intersection
with Loop 288.
RECOMMENDATION: '
The Planning Commission felt this requested change in zoning would be
appropriate given surrounding land uses. General Retail (GR) zoning an
an adjoining five acre tract was approved last year and the Golden Triangle
i Mall is under construction at the northwest corner of 1-35 and Loop 288.
Additionally, the proposed zoning change could serve to prdvide for the
associated retail services which tend to develop in close proximity to a
major mall..
Water service is available to serve this site; sewer service is located
approximately 2600 feet to the south, Streets in this vicinity are ade-
quate to accommodate development of this tract,
i
The Planning and Community Development Department did not support the t
requested zoning change as submitted, In response to notices sent to
property owners for the Planning Commission hearing, one was returned in 1
favor, none in opposition, aid one undecided, One person spoke in opppo-
sition to this petition at ti•P Planning Commission hearing, noting the-
Importance of providing a transition between anticipated residential and
retail developments.
The Planning and Zoning Comnisssion recommended the City Council approve,
zoning petition 2-1386. The vote was 5 - 1.
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AN ORDINANCE APPROVING THE PLANNED DEVELOPYE2iT GENERAL SITE PLAN
AND GENERAL SITE PLAN CONDITIONS FOR PLANNED DEVELOPMENT-22 IN-
CLUDING ALL THAT LOT, TRACT OR PARCEL OF LkND CONSISTING OF 157
ACRES OF LAND LYING AND BEING SIIVATED IN THE COUNTY OF DENTON,
STATE OF TEXAS AND BEING IN THE THOMAS LABOR SURVEY, ABSTRACT
NO. 779 AND NATHANIEL BRITTON SURVEY, ABSTRACT NO. 51', DENTON
COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE.
,
WHEREAS, the 187 acre tract of IanI was annexed to the City of
Denton, Texas, and classified as Planned Development "PD" District
Property by Ordinance No, 77-8 paased February 1, 1977; and
WHEREAS, the original planned development by the developers of
the property has been substantially changed and modified, avd the
City-Council of the City of Denton wishes to adopt a general site
plan and general site plan conditions to the planaeA development;
NOW9 THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HERE-
BY ORDAINS:
SECTION I,
That the general site plan conditions stated in the attached
' Exhibit "A" and the site plan indicated by the attached drawing,
i
Exhibit i- are hereby approved 'for the Planned Development "PD"
District Property designated as PD-220 and which lead is more fully
described n Ordinance No, 77-0 passed by thib,Council on February
1, 1077,
SECTION II.
That this ordinance shall be in full force and effect immedi
stely after its passage and approval, {
PASSED AND APPROVED this the let day of May, A. D. 1070. '
I
CITY OF DENTON, TEXAS
ATTEST:
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORWI
PAU c, . CITY OF DENTTON, TEXAS
,
EXHIBIT "An
Johr, Knox Village
PD-22
, Revised Site Plan Conditions
April 4, 1979
The general plan of the John Knox Village planned development Illustrated '
by a series of eight plates is hereby approved with these conditions:
1) The general plan concept consisting of a housing development constructed
for lifetime lease occupancy is approved with these conditions because
it is designed to meet the special needs of elderly, persons, General
lan approval is not granted to any tyype of multifamily development
that does not exclusively serve elderly persons. The general plan il- 1
'lustrates 30 residential development araas. Total unit count of the
development shall not exceed 1170 uni.e.
•2) Before a building permit is issued in any phase, a final plan for that
phase showing street, utility and drainage improvements, size and loca-
tion of buildings, yards and open space shall be submitted for review
j and consideration by the Planning and Zoning Commission and the City
Council.
3} The retail crea desiy~ated In the general plan on the northwest corner
of the property shall be developed only, for small scale neighborhood
service type use such as:
Commissary, drug store, convenience shop, hair dresser and barber'
shop, dry cleaning and laundry, craft and hobby shop, apparel shop,
tobacco shop and gift or notion shop,
the buildings constructed shall correspond In general Sharacter to the
rendering suomitted by the developer as noted on plate'no. 6. No see-
tion Sf the retail area shall be built before the beginning of, construction
on phase B.
1
DEVELOPMENT PLAN '
,
Streets and Parking
Right-of-way, 9D feet wide, has been dedicated by the developers to provide
for the extension of Montecito Road. The developers shall provide residen-
tial width pavement on Moitecito Road (341) as a part of the development.
The city will participatt in any overwidth paving. Montecito paving can r
be provided in three sections corresponding with the beginning of construe-
Mon in Development Phase I, Phase As and Phase B as described below:
Phase I - From Ryan Road to the Main Entrance
Phase A - From.Maln Entrance to Secondary Entrance (approximately 600,
South)
Phase 8 - From Secondary Entrance South to Southern Property Line
s°
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All interior streets shall be privately-constructed and maintained.
General aporoval is given for one parking space per dwelling.unit conve-
niently located for its tenants. (Specific acceptance of the parking design
shown on the general plan-for the entire development is not given as part of
this Planned Development approval.). This standard may be reduced by the
site plan if it appears less parking is necessary. It is possible that if
an increased parking requirement becanes necessary, changes to density and
building siting may be required.
Sanitary Sewer ,
Each, development phase shall be assessed pro rata charges as connected to `
sewer facilities. All interior sewer l4 nes shall be privately owned and
maintained. J
f Water tine lj
4 Developer'shall pay for the extension of an eight inch water line from the
existing 12" water line in Montecito for the remaining length of Montecito
Drive. This water line may be installed in the following phases-
'.Water services for Phase A (approximately 900" extension) shall be
I completed in conjunction with Phase A
' Water services for Phase 8 (along the remaining length of Montecito Drive)
shall br ,Ynpleted in conjunction with Phase B.
+
Storm Drainage
Drainage improvements shall be made in accord with, the Drainage Plan and
Manual. 'A 45" pipe or an improvement that can handle the same flow approved
by the City Engineer shall be provided as shown in the Drainage Plan. This
shall be in place before beginning work on developmont of future phases east
of the lake, bayond Phases I, A,.and 81 An improved channel running from
the northeast corner of the project to the lake shall be provided as speci-
fied in the Drainage Plan.
Flood Plain ~
No building shall be sited in'the floodway and buildings proposed for siting
in the flood plain shall be elevated to one soot above the, 100 year flood
pia n elevation. €
I i
Pevelopment Phasing
The following schedule is the sequential phasing of permanent construction i
and improvements as they related to.plate no. 4.
j
1 P
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1 I
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3
• Proposed Land Use:
Phase I - Montecito Road from Ryan Road to Main Entrance, Main Entrance
? Road, Residential Areas No. 6 and 8
Phase A - Montecito Road from Main Entrance to Secondary Entrance, Secondary
Entrance Road, Residential Areas No. 3, 4, and 5, Village Center
and Med Center
Phase B - Montecito Road from Secondary Entrance to property line, Resi-
dential Areas No, 1 and 2
Future - To be determined by developer at his option and subject ,to,review
Phases and approval of the Planning and Zoning Commission and the City
Council
Each separate phase of construction shall include all necessary roadways,
parking, utility systems, and landscaping to insure complete functioning and
habitability.
1
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REVISED GENERAL SITE PLAN
PD-22
APRIL 17, 1979
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JOHN KNOX VI LLAGE '
EXHIBIT "Sn
s
CITY OF DENTON
MEMORANDUM
DATE: April 27, 1979
TO: Members of the City Council
FROM: Paul C. Isham
SUBJECT: Sale of property at Dell and Sycamore to Denton
,
Publishing Company
In light of the recent publicity concerning the transfer of the
above piece of property, I think that it would be appropriate to
apprise the Council of the chain of events surrounding this pro.-
porty.
In November, 1978, the Council directed the staff*to dispose of
this property. This action was made pursuant to it recommendation
of the Planning and Zoning Commission. At the same time, the
Council took action on about 20 other paveels of City owned pro-
perty
The parcel at Bell and Sycamore contains 5,050.06 square feet, but
the City is retaining a drainage'easement of 11075.00 square feet
so the actual usable property is 4,876.00 square feet. The pro-
perty fronts Bell Avenue for a distance of 144.31 feet and fronts
Sycamore on the south for a distance of 25 feet. From the beginn-
ing, there was a question as to whether this property could be
jl independently developed. The City staff know both Austin Baker
and the Record-Chronicle were interested in the property. However,
during the last conversation with Austin Baker, he informed me that
{ he had purchased another tract of land and he didn't know whether
he would want to bid on this property.
The determination of whether this property colild be independently
developed centered on whether curb cuts would be permitted on Bell
Avenue. Thus, the matter was discussed with the Council in exe-
cutive session to obtain their feelings about the curb cuts, The
unanimous reeling of the Council was that curb cuts on Bell should
not be allowed. It was also explained to the Council that current,
City procedures regarding driveways require a minimum of 40 toot
from an intersection and an opening of 30 feet for a two-way drive-
way, Obviously, the 26 foot frontage on Sycamore could not meet
these requirements. Therefore, it was determined that the property ?
could not be independently developed and the staff was instructed
f
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Members of the City Council
April 27, 1979
Page Two
to enter into negotiations with the adjoining landowner (Record-
Chronicle). During these discussions the Council was aware that
j both the paper and Austin Raker were possibly interested in the
property, but there was no disagreement expressed about selling it
to the paper.
An independent appraisal of the property was made, and it deter-
mined the fair market value of the property to be $2,700. That
appraisal was based on the assumption that no curb cuts would be
allowed on Hell Avenue. After the appraisal, f ontered into
negotiations with Miller Davidge concerning the property tad an
offer of $8,926.09 was taken to the City Council (in executive
session) for their consideration. Each Council member expressed
complete satisfaction with the offer, and I proceeded with going
forward with closing the transaction.
( In retrospect, it now appears and the proper proeddure would have
been to obtain official approval of the sale from the Cuunoil in
an open meeting before the sale was completed. I should take
blame for this error, and I apologize for the bad publicity and a
` embarrassment that has resulted to the City. The procedure fol-
lowed by the City regarding the sale or purchase of property, or I
the settlement of a lawsuit has been for the Council to instruct
the staff to process or handle the matter in a certain fashion, 1
and then ratify those actions at a later time. Admittedly, this
is not the best procedure and changes will be instituted to assure
that the City acts properly in the future.
l Finally, there have been implications that the sale to the Denton
Record-Chronicle was a rigged deal. This is simply not the case.
~J All the negotiations have been at arms length. In fact, the
appraisal made for the City has not disclosed to the paper until
after a purchase price was agreed upon. This is clearly shown from
the vast difference between the appraised amount and the sale price.
Also there have been implications that Austin Baker would have paid
between $12,600 and $18,600 for this tract. That is between $2,68
and $340 per square foot. I have purchased right of way for the
City of Denton all over this City, some of it at prime commercial
locations, and we have not paid that much for property. I question
whether such an offor would have been made for property to be used
as a parking lot. In fact, there are several indications that i
Austin Baker never intended to make a bid on ,;his property. There
was no offer conveyed to the Cit ,..by Austin B er,
PCI :'O !
r
"A*J
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If AT A REGULAR mm.-rINO OF TILE CITY COUNCIL OF 771E CITY OF DENTON
` TEXAS, HELD IN THE MUNICIPAL MIMING OF SAID CITY ON THY 1ST ~
DAY OF HAY, A. D. 1070,
R F' S O L U T I O N
WHEREAS, on November 141 1978 the Planning and Zoning Coavnis-
slon recommended dlcposition of a tract of land at the corner of
Dell Avenue and Sycamore Street Containing approximately 6,050.00
square feet and more fully described in Exhibit "A" attached here-
to, and the City Council directed that the land be sold; and
WHEREAS, the City of Denton finds that said tract cannot be
independently developed and should be sold to the adjoining land
owner, Denton Ilubl,ishing Company; and
WHEREAS, an appraisal has been made of said property estimating
the market value of the property to be $2,700.00; said appraisal be-
ing attached as Exhibit "a"; and
' WHEREAS, Denton Publishing Company has offered to purchase said
i tract fo1- $8,925,00 and the Council has instructed the staff to s911
i
i such property to Denton Publishing Company for that sum,
NOW, THEREFORE, DE IT AESOLVED BY TIIE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS:
' That the City of Denton sell the property ahown.on Exhibit "A"
to Denton publishing Company for the sum of $8,926,09 lees appro-
priato clotting costa, and that the signature of the Mayor on said
Warranty Deed be hereby authorized and ratified,
f
PASSED AND APPROVED this the lot day of Nay, A. D. 1079,
CITY OP Dt;NIM TEXAS
ATTEST:
i 0 MET, C TV IsB'7<,IM
i 011-Y OP DENTON, TEXAS R
APPROVED AS TO II-XIAL )'ORMI
,
' L , ISI , MOUT
CI'T'Y OF DENTON, TEXAS
i
l•rtrcl~
EXHIBIT "A"
All that certnin lot, tract or parcel, of dnnd lying and hoing oltuatcd in the
Ctty end county of Denton, Srate 'of Texas, and being kart of the 11. SJI:co Sur-
vey, Abstract No. 1184, and beLig port of I,ot No, 39 aud,16, or the Fnughts
Addition, pn ,iddltlon to the City and County of Denton as recorded in Volume
50, pogo 198 of the 1 red Itecordnrof beaten County,-Texas, and nlco, Leing pnrt
of too tracts'of Iand, herelnafter teferred.to As Tract One and Tract No,
Tract One being, conveyed from Billy Ray McKee, et al to the City of Denton,
Texas Ly deed dated December, 11„1974 and recorded in Volume ,729, I'.1go 687 wf
the'Docd Records of Urnton County, Texas, Tract Two buing conveyed from Ina
Kimbrell to the City of Dorton t,y deed dated November,21, 1974 nqd recorded
in•Volume 729, Page 603 of the Decd Records of Degton County, Tgxns, and more
particularly described n% follows: ,
BEGINNING Af the.southweyt corner of maid Tract One said point of beginning
Alan being the unithwest corner of Lot No. 1,9 of the Fnughts Addition,,nnd
lying in tha itolth right of way lAne of Sycamore Street;
THENCE etnt. along We south boundary line of card Tract One same being the
north right of way line of Sycamora Street a distance of 25.0 feet to a point
for p corner;
TNRNgE north 14°02130" test passing at 103108 fpct the cast boundary line of
said Tract One same being the west boundary line of satd Tract Two and con-
tinuing north 14'02110" cast I total distance of 144.31 feet t p a these for
e corner In the north boundary lino Of mold Tenet Two, some being the aouttt
'boundary line of an alley conveyed from the City pf•Denton, Texas to Denton
Publiathing Company, et al by deed dated January 17, 1978 and recorded in,Vol-
time $12, Page 76 of the' Deed Recur,is of Denton County, Texas;
THENCE went along the north boundary line of staid Tract Two'passing at 10.0
feet the northwest corner of said Tract %'we setae: being the northeast corner
f of 'said Tract Cat And continuing west slung Am north boundary line of paid
Tract one a total dfotolite,of 68.0 fact•,to a point roe a corner same being
the northwest corner of acid Treat Me;
THENCE south along the peat boundary line of maid Tract One r, dJetenta of
140.0 feet to the place of beginning and continuing 5,950.06 t-quere feet ref
land, t.lte or less.
1 PROVIDED that the above described tract is hereby vacated and abandoned only
In so far as any right, title ar interest Pty be vested in the public but it
is exprnaely made it part of this died that a drainage easement to mxpreael'y
retained by the City pf Denton the same ifs if an casement were granted there
fore to thu City of Denton by the owner thereof with all rights of ingress,
agrees and regress"in,' along, opon'and acroms some retained by the City of
Denton until such uses therein are abandoned by aeparato action, sold easement
being more particularly described ae follows[
RECINNINO at the touthwW corner of said Tract One, said point of beginning
also being the nokiOuest corner of Lot No. 19 of the Fnughts Addition, and ;
lying in the north right of way line of Sycamore Street;
THENCE cant along the mouth boundary line of said Tract One; mama being, the
north right of way line of Sycanrore,Strcet.a d9mt4n0e,of,23.0 Scot to m, point
for a tornerl
TIIIsNCE north.14'02110" east passing at J03.08 feet t116 east boundary line of
told Tract flan name being the vest boundary line of amid Tract.Tvo and con-
tinuing north 14'02110" east a total diatnnce of 144.31 feet,to a point for
a corner in tho north boundary ;Ins of rapid Tcect Twot
R T11MCE south 1940513611 west priming of 30.57.feet the want boundary.lins of
s J aajd Trott TWA some being the east boundary Linn of entd Tract One and con- ~
tinuing anuth 19605136",vest A total distance of 111.51 fact to a point for
n corner;
1 1 j
' e~bYl`yY 1 . 4 l 1 l I • 1 Y 1 l 1 li
1 r.i ♦fi 'r+1l11 11 'I'Au t ~11~ o:0 fl lr TIi17 1 ~rtt 1 .I ♦ • y y ' , y 1 '•r ~l' 1
%
. • 4 r
.:yon r.. . , .n
(
I
1'll[iRtti vraC 10.0 fret nurth of And Dnrnllel wltlr tl+a aoutl Lc+un+lnry line of
n.lld 'fraet OrM it dlctance of 15.0 feet to a paint for it Berner In the west
60undary line of sold Tract One;
TIMN(:r. ,;ovtf+ ulonp, the wesL Lomulary line of sufd Tract Qne a digtnnce of
10.0 fort Lo tho place of 10eg111nlug and containing 1,075.00 rquara feet of
laud, mare or less.
f~
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' ""1 r}71 iY;~I ,~l 1~1 ~+t'~'lat/rl 1}.t I.A C,,,:.' , v ~ ~
.
f
1
March 12, 1979
Mr. I'nul Isham, City Attorney
City 11311
Denton, Texas 76201
Re: 5,950.06 squato feet of land located at the northwest cornor
of Dell A%cnue and Sycamore Street, more fully described by
I the attached legal description.
Dear Mr, Ishom:
i In accordance with your request and puthorization, I
have appraised the above described property for the purpose ,
I of ostimating Its.market value,
In addition to examining the subject property. I have
examined other mstto~s which appeared pertinent to and indi•
_ cativo of the value of the subject property. Such matters
concern locations, trends, market date, highest and best use,
development costs, return on investments and other elements
of value.
My estimate of market value of the subject property, as
of March 21 1979, is $Z,700r00.
i
This is to certify that the undersigned appraiser in-
eluding employees and associates, have no present or prosppec-
tive interest on the property appraised and the componsation
r' is not contingent upon valuation.
Rospectfuliy submitted, '
,tarry L. Cage, SRA
JLC/nh
ontls !
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.r. l .r
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AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTMIP
TEXAS, HEIR IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 1ST
DAY OF MAY, A. D. 1979.
^ R E S O L U T I O N
WHEREAS, Big Brothers and Big Sisters of Denton County,
Texas, a non-profit corporation desires to sponsor a children's
Fair for young children six years old and youngerl and
WHEREAS, grant funds for assisting in the development and
coordination of the fair activities are available through the
Texas Department of Community Affairaf and
WHEREAS, the City of Denton wishes to support the Children's
Fair, but lacks availablo staff resources to directly participates
and
WHEREAS, the city of Denton's only responsibility for this
grant is to provide supports input and express a willingness to
participate in joint evaluation of the project.
I f NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON# TEXAS.
That tho'City of Denton hereby designates Big Brothers and
Big Sisters of Denton County as the sponsoring reprose&a N ve E
for the City to apply for and expend necessary funds for the
purposes of holding the Children's Fair in the summer of 1979.
PASSED and APPROVED this the 1st day of Mayl A. D, 1979,
f
CITY'O~ TEXAS
ATTEST i ,
CITY OF DLNTON, TEXAS
APPROVED AS TO LEGAL YORMi
CITY Or DEN•i'ONi TF,XAS
'i
AT A REGULAR MEETING OF THE CITY COUNCIL OF TILE CITY OF DENTON,
TEXAS, IIELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 1ST
DAY OF MAY, A. D. 1079.
R E 8 O L U T I O N
WHEREAS, Melvin Simon and Associates is developing the
Golden Triangle Mall at I-35E and Loop 288 in Denton, Texas;
and
WHEREAS, the mall,will increase the traffic on the streets
in and around the mail; and
1 WIIEREAS, there exists a need for expansion of Loop 288 and
f for creation of a "Texas U-Turn" between the access roads of
Interstate Highway 35E at Loop.288;
NOW1 THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TWS.
That the City of•Denton will enter into discussions with
the State of Teas Department of Highways and Transportation to
explore constructing the improvements on Loop 288 and the "Texas
U-Turn"i and
I BE IT FURTHER RESOLVED;'
That the developor and the City of Denton staff work to- i
k gather on all aspects of design and engineering of the improvements, {
and that they report to the Council their findings and a proposal 3
I
for funding the improvements, ?
PASSED AND APPROVED this the let day of Hay, A, D. 1970.
3
CITY OF DENTON, TEXAS
ATTEM
rTn
01TY OF DENTON, TFJfA3
• s
APPROVED AS TO LEGAL FORM
CITY OF DENTON R
, TEXAS
' I
.
x.
t
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cirrof DENrON, rE1(AS MUNICIPAL BUILDING ! DENTON, TEXAS 76201 TELEPHONE (817) 381.960!
-M E M 0-
TOt Chris Hartung? City Manager
PROM' Dick R, Huck
r Director of Parke 6
F DATEe Recreation
April 23, 1979'
SUBJBOTr
Payment a S D, for the Rental of
School Gym mna.sj siums
the
I Thb Parke and Recreation D®partment recommenda the a
Of payment for the rum
of 55,479,77, pproval
This reprerrnta usage from October 1, 1979
for the Basketball
program. to March 19; 1979 ~
this 'taro WAS included in our 1978-79 Bu' ti,
1
C} ,
D1ok R, Huck, Director
4
Attachment
r
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f
PARKS AND RECRfA r10N bEPAR NEN 1' 1811-381-61.0
c
y
CITY or DrNION "
MEMOltANllUM ! ,
DATE Or VMTINGt Mdy 1, 1979
ear , 5U[f.~EC'1'=4 • r' 1 r_ t. a ' i f rj}: •ly f . `Yi'~}; t ~ ,
~t`-~T 4 r rr~' a Paymont` ~0 1~1I.$.~y•-DX}Ib U86 Cf , r xr•: n s }.t,
Yt r• ~i'` , AK 4JPij'dk8 t~OfF--lt9 'dX jymh t~IC~80E10b'1Slfb"BiiSm9, "rr. y I
•'1 Irr,1,, , t, 1 r. . , ` ,^r. '~rm,0nt ~1'r+•a,nyhr.v i rry'1r,'', ;z
ya SU!'AtARYi The y ~-.77' ...'~y ,'rr ~?'J :rr:'R'~ i..' 4 Ty
r P$ lSe 6.R9Cr~at3.On Du Art ' it " r : r t. ,r' •iy.r r, S'
l es~1, the .9Y.mnA~ium`a r
x } `for tfiQ 8askg'tha11 lplogtam;fOCnt
i ,March 14, 1974 X-0ctob~Y/{, 197f3f'.'
< r
r.r--:, • It, 1 t 'T.. '~'•r, 1 ;,ijj ~ ~',y air it 'r` ~ .w
f ti ly „r ~ r'' :-r it..9,' r r la iti '
Total.aMount 77
44
1YSCAL SUM`La"tY' This ltom was included in the 1978-'79 eud
Thn'payment is for $5,474§, 77. got.
ACT20N'REQUYRED3 Approval Of payment
lwTetwA'rrvssr
Not bb allowed to use the"sch
Recreational programs. oDID! for futuro,COmmunlty.
'
.
STAFF 1tE00 fiLt NDATYOY t
• Approval of payment
• DiYCOtOr
1:X!!IDIT5 1, Statemen ,
t of
24 DireCtoros Memoytontheocitytmanager,
.
1
owl
ALYUN auNtS JAY. LAWSUN AARON KkNUEL j~,JOHY NESBiTT GREG NEFUE GEORGIA LOYAL
St it la $8.10 Co Tess $7,35 congress $5.78 :onvress $5.78 Co Tess $5.25 Strl.ckl 5,25
O N D F M 01 N D J F M 4 N D J F M O N D J F M 0 N D J F M 0 N D J F
M
1 2 2 2 5 5 2 24 5
2 2 3 3
41 5 4
3 4 8 7 -
4 2 - !31
6
3
7 $
8 2 0 2 ITT
9 2 5 3 3~ "
10 6 - 3 4
' 11 3
12 3 _ 3 4 _ 2
13 5 4 3 T- 2 51 -T
14 3 3 4
13 4 2 S rt
16 4 4 2
-
17 4 7 5
1 1911
18 T, -
]9 3 2 -
20 74 6- 3
21 S 3
22
23 4 4 4
24 3
25 2
26 2 3
27
28 7 ~ 4
29 2
1
30
1 ~C 13
Total Hours 629.5
f Alton Jones 283.0 hra. @ $8.10 $2,292.30
Salaries - $4,427.56 Sam Lawson 93.5 hre. @ $7.35 687.23
E. Soc. Sec 1271.41 50.80 Aaron Manuel 162.5 hre. @ $5.78 939.25
W/o 4! John Nesbitt 63.5 hre. @ $5,78 367.03
Utilities 630.00 Ore& Neffle 10,0 hrs' @ $5.25 52.50
Total ,5, 79,7 Georgia Royal 17.0 hra. @ $5.25 89.25
040421,59
3 s •
, Several dsya
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CITY 017 DENTON
MEMORANDUM
DATE: April 26, 1979
TO: Members of the City Council
f
FROM: Paul C. Isham
SUBJEC'T': Charter Revision
Assuming that the City Council would like to submit certain pro-
posed changes to the voters to be implemented prior to the muni-
cipal election on April S, 1980, the following should be noted:
i
i A. Time of Election
Pursuant to Article 2.01b of the Texas Election Code, the
election could be hold on the second Saturday in August,
the first Tuesday after the first Monday in November, or
the third Saturday in January. I would recommend that the
third Saturday in January,not be used because of its proximity
to the April election,
B. Submission to the Department of Justice under Section 5 of the
Voting Rights
ct
i
Certain proposed changes will have to be approved by the Justice
Department before they can become effective. This does not mean
that they have to be submitted before the olection, but Bey
must be submitted beforebaing implemented. The Justice Depart-
Mont has sixty (60) days to approve or disapprove, but they can
receive an additional sixty (60) days if they request. Thus,
four months needs to be allowed to obtain approval before Im-
plementation, €
Fcids
4
1
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t
CITY of DENTON, TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 76201 /TELEPHONE (811) 382.9601
-M E h 0-
T Os City Council Members
PROMi Dick R. Huck, Director of Parks 6 Recreation
f DATEi April 241 1979
Sv9JECTs D.I.S.D. Salary Schedule for Janitors
r
in reviewing the D.I.S.D. rental statement of the school
gymhasipms, it is apparbnt that the salaries of the Janitors
is the Mnjor cost !actor that is involved,
f
Tie tima'that is involved in the City of Dentone'Parks 6 j
Recreation Department utilisation of the faoilitios, is
ovoitim1i -it time and b for the Janitors, who are assigned
to tke tacilitiss for the opening* closing, and cleaning
of the gym after the activities are over.
Also, it is noticable that the individual pay scale is dif-
ferent. This is due to the time and grade of the D.Y.S.D.
employee.
I
Dick A. Huck, Director
k
i
PAW AND RECREATION DEPARTMST / 811.387.6146
r
r. CITY OF DENTON
MEMORANDUM
MAY 1, 1979
CITY COINCIL AGENDA ITEM:
Consider easement and property acquisition for drainage improvements to the
lower section of Pecan Creek,
SUMMARY:
On March 21, 1978s the City Council voted to acquire easements across three
pieces of property.for the relocation of the lower section of Pecan Creek.
At that time engineering specifications called for a concrete channel to
be built in the easement. bids for this project were solicited and received.
Because of the escalating price of concrete and the amount of work under way
by local contractors, the bids which were received exceeded the Community
j Development Block Grant budgeted amount. For this reason, in order to save
i money, it was decided to redesign the new channel with earthen grassed em-
bankments rather than concrete embankments. This design will save signifi-
cantly on construction costs; however, the less steep earthen embankments
will require the acquisition of additional easement land to contain .he
new channel. Both the existing and the proposed additional easement are
shown on the attached maps.
Adjoining the creek are three wooded lots, indicated on the map. These lots
eo not have access to an existing street and have served only to collect
unwanted refuse and trash from the surrounding neighborhood. If this.iand were
acquired with community development funds in conjunction with the additional
easement property, it could be deeded over to the Denton Housing Authority
1 who has agreed to partially clear the site and develop it as pace for
the rehabilitated Pt..oenix Apartments (Dreamland) which they Al wilmanage,
FISCAL SUMMARY:
The cost of acquiring the additional easements and adjoining property will
be more•t4o offset by the savings in the newly designed channel construc-
tion cost. The entire project is to be funded by our Community Development i
Grant.
ALTERNATIVES:
Acquire additional easements and adjoining property. -
Acq0 re only additional easements.
RECOMMENDATION:
i
It is the staff retommendation that the City acquire the necessary easement
for the grass embankment channel because it will enable us to'develop the
needed drainage Improvements at lower cost. We are also recommending that we
C ~ .
2
acquire the adjacent wooded property to be deaded to the Denton Housing
Authority for use as open space This purchase will not only result in
cleaning up the property, but will also have the effect of lowering the
density of the apartment complex. The Denton Housing Authority has agreed
to construct a wooden privacy fence between the apartment complex and the
single family homes located on South Wood Street (see attached letter).
Although property acquisition procedure will begin as soon as the Council
decides to acquire the property, no attempt will be made to actually pur-
chase the property until all the problems have been resolved in the
rehabilitation of Dreamland.
ACTION REQUIRED:
The City L%ncil should approve a niotion to acquire. the necessary land
and easements and to hire an arlpraiser.
EXHIBITS.
1) Aerial Map
3 Letter from Denton Housing Authority
I
4
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1
ii •
HANOI LIZAIJON OF 'to
.4 I~w ~ • f ? ;fit • !I : ~ f ! ~
It ♦ 1 I p~~~~ 4 ' •N} 'fi'r
~'1rp ~ y f • f1
MWOSE0 PARK
' f OW STYE t *Ives
~ irk
'q
r••: f/ qty, r"
iW X!
PRAIRIE , . 1
r
Y. • • 1 r 1 Preaml
AApaartow
to K ~jk, r ~r
"S1 +
ln~
•
WILSQN
~4f tr r k PrC ° .d 4nr+~f x
,•r• ~ ,r 'y. ~ Addrri~~`E~~ mfn:~b j
I
I
95-. 130 ti
35.9 I'z 96 97 198 99 99`f 99.2 99.3 100
35
,
2 1619'
5p .,0 I ?J Sp So
19 118 117 116 115 114 139
56 50'
' E•^~A~ ST PRAIRIE No STREET DEVELOPME~t
RO 4~~ 5~'7 I 5Q
,v 16 ,p
~e
"b 1
'R 136 Qob.
III 112 113
Q~ Pa 109 110 o i
Q e,oo. e ° .QeWR
o n O
AU. s.
106 - S06.f
zeo
7 El
sr' ioo' d ioo 19o Ne too
i
R po ~4 0 ^EXI
EASEMEN Z7 ~
,T~
~•Oo
8.2 Fj) N.~MEN ADDITIft 7 61 S .1
PROPO LAND ISyTrOtd
WILSON
loo loo' Ir ra s I s~ exti
I G_ 2 3 & 4 5 6 6.1 6.2 7.4.
R
j ,
Denton Housing Authority
e0-1,' KOUAL HOUSING
404 West Oak
Denton, Texas 76201
817/383-1504
April 24, 1979
Mr. Randall Casstevens
City of Denton
Municipal Building
Denton, Texas 76201
Dear Randy:
The Denton Housing Authority is interested in acquiring by gift from
the City of Denton vacant land adjacent to Dreamland Apartments. As you
1 know we have undertaken the task of rehabilitating and managing the apart-
rents frr low income families and individuals.
The vacant land addresses one of the prevalent problems of Dreamland--
density: Should the Denton Housing Authority have clear title to the land
it would afford additional space for activities conducive to the well-being
of the residents.
I understand that the only obligation for accepting 'this property is our
commitment to build a wood fence along a portion of the west boundry of,Dream-
j land to separate the apartments from the residential area.
Please be aware that the rehabilitation of Dreamland is not assured--
construction costs aid availability of financing are still unknowns--and we
would have no need for the land if the project is not closed.
C Regardless, our appreciation is expressed to the City of Denton for the
kind offer.
Sincerely,
Carter
Is
I
i
l my 1979
CITY COUNCIL AGENDA ITEM: '
use agreement between the City of Denton
consider approving a pole
and Golden Triangle Communications.
SUMMARY:
The City of Denton has awarded a Cable Television Franchise
C wSlldbe
Triangle Communications {the City of Denton and General Telephone.
attached to poles owned by hone wherein GTC will
GTC has entered into contract with General General Telephone
The
TelephOnc pole-
pay $5.00 for the right to a ne 9
City Denton has comp otiat on with GTC and submit htaattach-
ed contract (Exhibit 1) for council review. A brief report on the major
points of the contract is attached (Exhibit II).
FISCAL SUMMARY:
Revenue from the agreement is not known because t the time it is
not knowi:how many of the City of Denton's voles will be attached.
The City has approximately 5500 piles in Denton. General Telephone has approximately 2300 poles. The cost of installing taller poles or
n realigning existing city attachments will be reimburscde therefore,
there should be no net cost to this work.
111 ACTION REQUIRED:
Review of Contract and appropriate action of. approval or denial.
t
ALTERNATIVES:
i
1, Approve Contract as presented y
2. Amend Contract as proposed
I
A. Change in terms of proposed ontract
B, change in rate charged per pole attachment.
1)This Contract provides for payment of $5.00 per hole I
2) General Telephone 6 GTC Contract is $5.00 per pole
3) TpiL's CATV pole attachment rate is $3.50 per pole
(This rate was esieblished in 1974 and cost of poles,
labor, equipment, etc. have increased significantly
since 1974) {
4) Bryan charges $2,50 Per pole
5))Lubbock charges $2.50 per pole
RECOMMENDATION:
The Staff recommends approval of proposed Contract. The Utility
Board will rc,view sujbect Contract at their meeting on Tuesday,
May 1: 1974.
i
EXNIBI►
11 - Highlights of Contract Iesues ,E, o sore' D rector 0 Utilities
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CATV POLE LEASE AGREEMENT
BETWEEN
CITY OF DENTON, TEXAS 1
AND 1
GOLDEN TRIANGLE COMMUNICATIONS
Ll • ,
1
CATY POLE LEASE AGREEMENT
THIS AGREEMENT made as of the day of May, 1979, between the City
of Denton, Texas, a Home Rule Municipal Corporation, hereinafter called
Licensor, and Golden Triangle Communications, 'a partnership of the State of
Texas, having its principal office at Atlanta, Georgia, hereinafter called
Licensee, I
WITNESSET.H:
WHEREAS, Licensee proposes to furnish a CATY service (as hereinafter +
l defined) to residents of Denton, Texas, intends to erect and maintain an
antenna tower(s) located at Denton, Texas and proposes to install coaxial
h television fables, amplifiers and drop wires, wires and appliances together
{ with associated cable messengers, anchors and other appurtenances (herein
` after sometimes collectively called "equipment") throughout the area, to be
I served and desires to attach such equipment,to•poles of Licensor and/or to
I. poles used jointly by Licensor and other companies; and ;
WHEREAS, Licensor is willing to permit, to the extent it may lawfully ;
do so, the attachment of said equtpment to its poles where;-in its Judgment,
such use will not interfere with its own service requirements or, as it,may
be advised, the service requirements of other joint users, including conside
rations of economy and safety.
j
S
~P
• CATV Pole Lease Agreement
Index
Application for Permission to Attach, Article III 3
Cost of,Pole Replacements, Article VI 10
Definitions, Article T 2
Existing Contracts, Article XIV 19
General, Article XII 17
Indemnity. and Insurance, Article X 14
Iastallation and Maintenance of Attachments and Poles, Article V '•6
,
Notice* Article 1V
19
Payment of Bills, Article XIII 1$
Protection Against Claims for Libel and Slander, Copyright.and
Patents.Iafringement, Article XI 17
Rentals, Article VIII ;A? 12 i
Rights-of-Way, Legal Authority and Default, Article VII ll
Scope of Agreement, Article Ti .'.'j
"
Specifications, Article IV 5
Term and Termination of Agreement; Article IX % 13
.
);OW, THEREFOR., in consideration of the mutual covenpats, terns and
conditions herein contained, the parties hereto do mutually covenant and agree
as follows:
a ARTICLE I
1)EFIHITIONI
1. All references herein to "Licensor's poles". or "its poles" shall
Dean poles solely owned by the Licensor, jointly owned by Licensor or the pole
space rented or obtained by other arrangements by Licensor from another owner.
2. 911 references herein to "Joint user" shall mean (1) a company or
municipality which.together with Licensor has a'percentage ownership in a pole,
(2) a public utility company or municipality which has attachment privileges on
Licensor's poles, or (3) a public utility company which owns poles on Which
Licensor has attachment privileges`
3. All references herein to "CATV' service" shall mean the trans-
mission to subscribers of off-the-air pickup of broadcast signals, or the
I transmission without separate charge of -locally originated closed circuit
j television to the subscribers-of off-the-air service.
ARTICLE II.
SCOPE OF AGRE£HSENT
t 1. Licensor hereby agrees to license and permit Licensee to attach
its equipment, for.the primary purpose of furnishing &TV service,within the
area outlined in red on the map attached hereto as Exhibit A, to such of its
I
I
i
' of the Licensor, suitable and available for such
poles as are, in the judgment
li
attachments, subject to the conditions and limitations contained herein.
tobe attached
Licensee agrees that its equipment to Licensor's
i
tailed for the purpose of providing CAN service and shall be
poles shall be ins
residual channel capacity,
used primazily for furnishing CAN service. AnY
f be used by Licensee for any lawful purpose.
however, may
er franchising authority,
3• Licensee agrees to, secure from the Prop public streets, highways
within a'franchise to erect and maintain its equipment
authority exists, and shall t
and other thoroughfares provided such franchising required
its or licenses that may be legally ' secure aay and all consents, Perm
Licensee
for its operations hereunder. Prior to the execution of the Agreement,
to Licensor evidencing a
shall deliver to Licensor documentation satisfactory r
that all such franchise's, consents, permits or.licenses hav( been obtained.,
r the expense of, se
and beacuring
Licensee agrees to assist in,
' ermits or licenses that may be required by'Licezisor by reason of
j any coeaents, p •
this Agreement.
{ TIS III
F APPLICATION FOR Pgit1SISSION TO ATTACH
At least thirty (30) days prior to the time Licensee desires to
of Licensorts poles, it :.hall make written appli ri
attach its equipment to 'ny
. art hereof, in '
cation on the form marked Exhibit 8 attached hereto and made a p royal of
i
• the number of topics from time to time prescribed,by Licensor. Upon apP
r.
1
I
\ t
said application, Licensor shall return one copy of Exhibit $ to the Licensee
,
tearing the endorsement of its permission,
2. Upon receiving such endorsed copy of said application, but not
sooner, Licensee shill have the right, subject to Article TV herein, to install,
maintain and use its equipment described in said application upon the poles
identified therein, provided that Licensee shall complete each installation
within one (2) year from date of said approved application; provided, however,
that before commencing any such installation, Licensee shall notify Licensor of
the time when it proposes to do such work and that within thirty (30) days of
completion of such wort-, Licensee shall notify Licensor and, in the event
E
Licensor elects to have its representative present, Licensee shall reimburse
,Licensor for the cost and expense thereof.
,y
''•3. Where costs are involved•in the rearrangement of Licensor s or
other facilities to accommodate Licensee's equipment, two signed copies of said 1
application lhall be returned to Licensee detailing the costs in the space
f
provided thereon for that purpose. Approval of said application by Licensor is
subject to receiving authorization from Licensee',' on said application in the
l •kpace provided thereon for that purpose, to make changes and rearrangements, at
i
Licensee's sole risk and expense, detailed by Licensor with said copies of said
application.
4. Licensee shall not have the right to place, nor shall it place,
any additional equipment upon any pole used by it hereunder without first making
application therefor and receiving M censor's' permission to do so, all as
Ps -T c : n►
prescribed in paragraph 1 of this Article; nor shall Licensee change the
.position of any equipment attached to any such pole without' Licensor's prior
writtcn approval. The provisions of this Article shall not restrict the
attachment of televisiou drops to television crossarms or television cable
messenger. It is sgieed that a charge equal to one and one half (1-1/2) ti`ies
the pole rental amount, as specified in Article VIII, per attachment shall be
+ levied against and paid by Licensee to Licensor for any unauthorized attachment
,wade by Licensee to Licensor's poles or facilities. This'charge will be in
addition to rental charges from the time-of said unauthorized attachment,
rearrangement costs, or other appropriate charges. 'In the event that the time
of the unauthorized attachment cannot be determined, it shall be deemed to have
occurred on the date succeeding the day on which the last joint survey was made
in accordance with Paragralb I of Article V.'
j 1 (5. It is agreed t,nd understood that in the case of jointly-uWd
poles, periission to attach thereto shall•be subject to Licensor's obtain{ng
approval from such joint users and/or owners whenever necessary.
ARTICLE?v `
j t SPECIFICATIONS
II`\y '~l~• .1, Licenser, at its own cost and expense, shall construct, maintain
and replace its 'attachments' on Licensor's'poles in accordance with (i) such' ,
requirements and specification's as Licensor shall from,tfine to time prescribe,
(ii) in compliance with any rules or orders now in effect or that hereaftetMap .
be issued by tiny regulatory Commission or other authotity having jurisdiction,
, i
J
I
I ,
1 P
and (iii) the requirements and specifications of the National Electrical Spfety
I ,
;;ode, 1911 Edition, and any amendments or revisions of said 'specifications or
code. In addition, all attachments shall be made by Licensee in accordance with
this Agreement and Exhibits 1-10 attached hereto and made a part hereof.
Licensee agrees to comply, at its sole risk and expense, with the specifications
of ell Exhibits attached hereto, as revised from time to time by Licensor i.n
accordance with the provisions of this Article IV. r
/ ARTICLE V
INSTALLATIOV AND HAINTEMCE OF ATTACIDIENTS AND POLES
1. The exact location of Licensee's attachments, on poles shall be
determined from a'Soint survey to be made, at,such times as shall be mutually
agreed upon, by representatives of Licensor, Licensee and, if dekired by a joint
user. Licensor may inspect each new installation of M censee on its poles and,
in the vicAity of its lines or appliances and may make periodic inspections of
the entire plant =f Licensee as plant conditions may warrant; and- Licensee
shall, on }demand, reimburse Licensor for the cost of such surveys' and ?
inspections. ouch inspections shall not operate to relieve Licensee of any
i
1 responsibility, obligation or liability assured under this Agreement,
2. Where Licensee's attachments can be accommodated on poles of
Licensor by rearrapging'or changing the'fatiliti.es of Licensor tr other, Joint
users, Licensee agrees to pay Licensor in advance the cost of'making such
rearrangements or changes. Strengthening of poles (guying) required to accOm-
soodate the attachments of Licensee and the bonding of Licensee's strand to that
,
~r
of'Licensor shall be performed by Licensee at its sole risk and expense. Such
work, however, may be performed by Licensor at its option,. and in such event
Licensee shall pay to Licensor in advance the cost oi,all such work.
3, lfpon,written notice from Licensor, Licensee shall relocate or
Ir,eplace its equipment attached to Licensee's poles, or transfer the same to .
substituted poles, or perform any other work in connection with said equipment
that may be requested by Licensors at Licensee's sole risk and expense]
s
provided, however, that in cases of emergency Licensor may, at Licensee's sole
risk and expense, arrange to relocate or replace the facilities attached to said
poles by Licensee, transfer them to substituted poles or perform any other work
in connection with said facilities that may be required in the maintenance, re-
'placement, removal or'relocation of said poles, the facilities thereon or the
fo, the service needs of Licensor.
,
laced thereon,' or ,
1 whichmaY be P
equipment Licensee shall notify Liccnsgr id advanced of the time when it
oses.t .replace any of its equipment'attacbed to Licensor '0 poles.
Prop , . '
All tree trimming required on account of Licensee's equipment
` shall be done by Licensee at its sole risk and *expense and in a manner satin-
, factory to Licensor and any other joint users. ; j
g, .asee shall, at its sole risk and expense, maintain all of its i
attachments on Liecusor's poles in safe condition and in thorough repair.
1 ' I
,
r •
f 1.'
CS1x~k1
• censor its successors and assigns the
1 p, Li reserves to itself ,
• maintain its Poles and to operate its facilities thereon in such manner
right. to its public service requirements. Licensor or
as will best enable it to fulfill able to Licensee foz'Buy interruption to the
of the equipment of
other Joint users shall not be liable
solely by acts of
see or for interference With the s the service interruP
service of Lice" created
tion Was
Licensee, unles
Licensor. ht to
herein contained shall give to the Licensee the t1&
S. Nothing wired to accommodate the
on any pole. ;f a crossarm is required to accommodate the
place a crossarm
then Licensee shall so sate the reasons therefore
' facilities of the,Licensee,
licat£oa for attachment.
in its app or changes
time make any additions to,
Licensee shall not at'aay reement
9• ,
attachments on the poles covered'by this Agreement' i in,' the lio ation of its
cases of emergency,
%)ritten conseat of Licensor except, in authorized
thout the prior censors
,i
~ rsoissioa shall have been obtained from Li
when oral P.0
Denton, Texas
representative at rmed in F•riting•
' and subsequently Coati u{ meat•upon any
wire the locetion of its eq P
10• if Licensee should re.q ro erty in the conduct of its
` ublic or private p P
public thoroughfare or other p
thfs Agreement and'Licensot shall not have
business in the territory covered by remerts, Licensee, shall so i
E
• pole facilities so located to fulfill Li tilDe eel `eqr i
re on determine aho shall place such
and the parties shall
notify 'Licensor,
tar
a*
~ r
.
pole facilities in arch location. The pole facilities :hall be erected in such
locations adequate to meet the service requirements of both Licensee and
Licensor, and if placed by the Licensor, the Licensee.$hall thereupon make
application for permission to place its equipment thereon as provided in this
Agreement. If the pole facilities are placed by Licensee, attachment privileges
shall be made available to licensor at a rental not to exceed the rental being
charged Licensee hereunder.
11. Nothing in this Agreement' shall be construed to obligate
Licensor to grant Licensee permission to use any particular pole and Licensor at
its discretion may revoke permission theretofore granted to Licensee with
respect to•any particular pole. If such permission is refused, Licensee is free
to make any other arrangement not prohibited under the terms of this Agreement,.
jj it-may wish to provide for its equipment at *the, location in question.
12. Whenever, pursuant to the provisions of this Agreement, Licenser
shall be required to remove its attachments from any pole, such removal shall be
made, except as otherwise specifically provided, within thirty (30) days
j following the giving of notice to Licensee by Licensor to to remove. Upon
f failure of Licensee to remove such attachments 'within such thirty .00) 'days or
as otherwise required,,Licensor may remove them and charge all costs associated . "
with such removal to Licensee.
13. Licensee agrees that it shall not interset poles where
Licensor's'facilitie4 arc located nor shall it locate poles, guys,' Or other-
facilities where in, either case they will interfere with access to'Licensor's
poles or violate any provision of the, National Electric 5afety.Code.
ARTICLE V1
COST OF POLE REPLACEHEtTfs
,1. Whenever Licensee applies for permission to attach to a pole that
is considered by licensor to be insufficient in height or strength for
accommodation of Licensee's attachments, or in the event that Licensor or a
Joint user of the pole shall require the space occupied by licensee's existing
attachments, Licensor shall notify Licensee of such fact and of the estimated
cost to Licensee of replacing such pole with s pole which will accommodate the
attachments of Licensee, Licensor and any such joint user. Within thirty (30)
days of such notification, Licensee shall either notify Licensor (i) of its
approval of such replacement or (ii) of its cancellation of the application with
respect' to such pole or (iii) in the case of existing attachments, of its
election to remove its attachments from the pole,.
E
M In the event of Licensee's approval of such rglacement►
.'Licensor shall replace the pole and Licensee tha11 pay, to Licensor in advance
the charges}'therefoie computed ati follows:
The total cost of the new pole; the ,removal of the old pole, the
a transferring of Licensee's and any such joint user' s; attachments from the olt to ; 3!
the new pole and such other. costs, if any, necessitated by Licensee's
r•_Quirenents, less the total of the follewing: 'accrued depreciation on the old
pole, salvage, if Any, and the cost of such portion of the new pole, if any!
which represents space,reserved for the use of Licensor or any such joint user
granter than tbai provided for them on the old pole, less appropriate
contribution by any other licensee, if any.
i
P
I
i
i
r.,
crz=cup.
• n .
ARTICLE VII
RIGHTS-OF-WAY, LEGAL AUMORITY AND DEFAULT
1. Upon execution of this Agreement, Licensee shall submit evidence
satisfactory to licensor of its authority to erect and maintain its equipment
within public streets, highways and other thoroughfares and shall secure' any
necessary license, permit or consent from Federal; stet,) or municipal
',.authorities and from the ovneres of property now or hereafter required to
construct and maintain such equipment at the locations of poles of Licensor to
which it desires to attach. In the event any such franchise, license, permit or
consent is revoked or is thereafter denied to Licensee for any reason,
permission to attach to licensor's poles shall immediately terminate, Licensee
shall within reasonable' time remove its equipment from Licensor's poles and.
Licensor at its option may forthwith terminate this Agreement.. `
2(-. Upon notice from Licensor to Licensee that the cessation of the
use of any pole or poles 'has been requested or directed by Federal 0 -state or
'municipal authorities, or property owners, permission to ottacb to,such pole. or
f poles shall immediately terminate and Licensee shall forthwith remove its
I equipment tberefrom•
l`---J 3.• If Licensee shall fail to comply with any of the provisions of
this Agreement, including the specifications hereinbefore• referred to, or
defaults in any of•its obligations under this Agreement, and shall fail within,
thirty (30)'days after written notice from Licensor to correct such default o'r-
.
A
n
ewe+
1
noncompliance, Licensor may, at its option forthwith' terminate this
l
Agreement in its entirety or, at its election, revoke the permit
4 covering the pole or poles involved in such default or noncompliance,
or at Licensor's option, obtain service of an attorney to,institute
suit or other Judicial proceeding to remedy and default by Licensee
in its performance of the'covenants, terms and conditions of this
Agreement and Licensee expressly agrees that the defeated party shall
pay reasonable attorney's fees and expenses of such legal counsel.
ARTICLE YIIE
.
RENTALS
1. Uor the privilege of placing and maintaining attachments on
Licensor' poles, Licensee shall'pay an annual rental rate of five
dollars 05.00) per contract,
2. Rentals shall be payable annually in advance to the Licensor
on the first day of January each year during which this Agreement re-
wins in effect,
1. At anytime after two (2) years from the date of this Agreement
and at intervals of not less than two (2) years thereafter, the rentals
i
shell be subject to adjustment by Licensor upon written notice, j
4. Rental payment shall be made within sixty (60) days of the
receipt of statement, Any late payment shall bear an interest rate of
d7 ten percent (10x) per annum.
i
I
,
I
The Licensee and Licensor. shall together maintain a perpetual
of total Licensee contacts through the use of Exhibit P, "Application
• inventory
of Permit," and Exhibit C, "Notice of Removal," and all future rental fees shall
such perpetual inventory. The Licensor may at its option use a
be based on
phys physical ,
physical inventory in lieu of perpetual inventory. The cost of such
inventory shall be shared proportionally.among the participating companies.
6. In the event Licensee makes an attachment tb the Licensoric pole
~ to Article
at anytime after commepcemeat of this Agreement and fails to comply
III, Paragraph 1 hereof, then Article III, Paragraph 4, shal).apply.
7. In the event that Licensor files a tariff with the appropriate
..regulatory authority during the term of this Agreement covering attachments made
.
' to its poles, Licensor reserves the right to substitute the rates and charges
r red by such tariff.in place of the rentals set forth in this Article.
cove )
I ARTICLE 7'ER6 AND TERt1IHATIOti OP A
GREEME1?T'
This Agreement, if not previously terminated in accordance with
th ears and .
e provisions hereof, shall continue in effect for a term of five (5) y
thereafter until •.erminated as provided herein. The Agreement may be terminated
at the end of said time or at any time thereafter by either party giving to the
_I
other party at least ninety (90), days' Written notice, Upon.termicatioa of the
of its terms, Licensee sball remove its said
'Agreement in accordance with any
equipment from all pole's of Licensor within thirty (30) days thereafter.
n
, T RR
2, Licensee may at any time remove its equipment attached to any
pole or poles of Licensor, but shall immediately give Licensor-written notice of
such removal in the form of Exhibit C attached hereto and made a part hereof.
No credit or refund of any rental 'shall be allowed Licensee on account of such
removal. '
r 3, This Agreement shall be subject to termination by Licensor
where circumstances permit, upon five (S) days' written
' without notice, or,
notice to Licensee,- upon objection being made by or on behalf of any
•
governmental authority asserting proper jurisdiction thereon.
t~TI~Y•s x
RIDEMIY'Y AND INSUWCE
ensee shall indemnify, protect and hold•harmle€a Licensor and
•
other joint users of said poles, from'ind against any and all loss, costs,, )
i i
claims',' demands, damage and/or expense arising out of any demand, claim, suit or
judgment for damages to property and injury'to•or death of peLemns, including
F ~
I the officers, agents and employees of either party-hereto and other joint users
of said poles, including payment made under aoy Worlmen's Compensatiez, Law and
under any plan for employees` disability and death benefits, which may arise out ;
of or•be caused by the erection, maintenance, presence, use or removal of said
equipment or by the proximity,of the respettive cables, tires, apparatus and
hereto or other joint users of'seia poles, or arising
~ appliencea of the parties
out of any Pet or omission or alleged act or omission of Licensee, including any
claims and demands of customers of Licensee. 1
I '
2. Licensee shall carry insurance, at its sole cost and expense, to
protect the parties hereto and other Joint users of said poles from and
against any and all such claims and demands and from and agaitist any and
all actions, Judgments, costs, expenses and liabilities of.every name and
nature which may arise or -esult, directly or indirectly, from or by rea-
son of the acts or omissions of Licensee hereunder and irrespective of any
E fault, failure, negligence or alleged negligence on the part of Licensor
or of any oilier joint user of said poles. The amounts of t,.ch insurance
are set out in Section 27-58 of Ordinance No. 78-21 of the City of Denton
ordinances, and the Licensee will comply with the provisions of that section.
` Licensee shall promptly advise an authorized representative of Licensor of
all claims relating to damage to property or injury to or death of person's,
arising or alleged to have arisen- in any manner by, or directly or indirectly
associated with, the erection, maintenance, presence, use or removal of
I
E Licensee's equipment.
f 2. Licensee has furnished $30,000 in security as required by Section
27-43 of Ordinance No. 78-21 (Cable Television Franchise Ordinance) and such
sum shall also guarantee the performance of all the covenants, terms and
conditions of this agreement.
3. Licensee shall exercise special precautions, to avoid damage to
facilities of ticensor and of other joint users on said poles and hereby
assumes all responsibility for any and all lose for such-damage. Licensee {
shall make an immediate report to Licensor of the occurrence of any such
damage and hereby agrees to reimburse Licensor for the expense incurred in
making repairs necessitated thereby, f
i
:i
YMH JY
AR__TI_ CLE Y.I
PROTECTION AGAINST CLAIMS FOR LIBEL AND'
SLAtiDER COPYRIGHT AND PATENT IMiNGEMM
Licensee shall indemnify, protect and hold harmless Licensor
ainst an and a.l claims for libel and slander, copyright and/or
any
• from and ag
patent infringement arising by reason of attachment by Licensee of its equipment
to I,icensor's poles pursu•.at to this Agreement.
• ' ARTICLE XII
. " GENE4+AL
E I:; Licensee shall not assign, transfer or sublet this Agreement, or,
{ i ranted v it, vith6ut the prior written consent of i
any of the privileges hereby g
however, that Licensor's consent shall not be required to '
i Licensor. provided,, •
p rpose of
pln, upon .tke facilities of Licensee* for the u
ace mortgage or lie
tensi
financing the installation, improvement, maintesa, t or exon of its
j
system.'
20 Ho use, however extended, of Liceasor's poles under thitiAgree-`
ownership or property right•in said
meat shall create or vest in Licensee any and remain a mere licence`.
poles, but Licensee's rights therein shall be,
E el Licensor to `maintain any
Nothing herein contained shall be,coastrued to comp
es for a period longer than that demanded by its own service require-
ol
p
of meats its .
` R
~.Jf ••~16 ' s III
f
qM
3. Nothing herein contained shall be construed as affecting the
rights or privileges previously conferred by Licensor %o others, by contract or
otherwise, to use any poles covered by this Agreement, and Licensor shall have
the right to continue to extend such rights or privileges] the attachment
privileges granted hereunder shall at all times be subject to such contracts and
arrangements and nothing contained herein shall be construed as affecting the
right of Licensor to grapt attachment privileges to such other parties as it may
` desire to do $o.
4. Failure to enforce or insist upon cbmpliance with any of•tbe
•terms or conditions of this Agreement shall not constitute a general waiver or
relinquishment of any spch terms or conditions, but the same shall be and remain
at all times in full force and effect.
Subject'to the provisions of pfragraph 1.6f this Article, this,
Agreement shall extend to and bind the successors and aESigns of the parties
hereto,
{
6. Nothing contained herein sba,ll be construed as affecting the
rights conferred or exercised by the parties under• present or future
y ,
• governmental authority or regulation.. 10
' ARTICLE %III y
PAY1f£NT OF BILLS s I
1. All amounts payable'by Licensee to Licensor under the provisions
of this Agreement-shall, unless otherwise specified, be payable within thirty'
(30) days after presentation of bills therefor. Nonpayment'of any such amounts
when duo shall constitute a default under this Agreement'.'. ,
• • •'7.
I n .
' ART S C~ ~ •
' EXI STS ~T ACS S
.
1, All existing Agreements between the,parties hereto for the Joint
use of facilities are by mutual consent hereby abrogated and superseded
by this Agreement.
Nothing in the foregoing shall preclude the parties to this
i Agreement from preparing such supplemental operating routines or working
agree to be necessary or desirable to effectively s
practices as they mutually administer the provisions of this Agreement.
ARTICLE XV
A; B,0_.T 1CE
1, Any notice provided in this Agreement to be oiven by either party
• when
hereto to the other shall be deemed to have been duly in the united states Mail, postage prepaid, addressed
wirtir,g and deposited
i as follows: }
TO LICENSEE:
Golden Triangle Communications
63 Perimeter Centerjast
Suite 300
Atlanta, Georgia 30346
TO LICENSOR,
city of Denton
215 East McKinney
Ol
Denton, Texas '
' Attn; Director of'Utilities '
:
F-
1
j
IN WITNESS WiiF,,:OF, the parties hereto, have caused this Agreement to
be duly executed as of the day and year first above written.
CITY Of r)ENTON, TEXAS, LICENSOR
i •
- -
BY:
i
ATTEST:
GULDEN TRIANGLE COMMUNICATIONS, LICENSEE ,
i
t' BY:
ATTEST: '
' . 1
ig-
y
Exhibit B
u ICATION ANO PERMIT No,
r^ City of Denton, Texas
215 East McKinney
Denton, Texas 76201
_ day of
In accordance mith the terms the
covering us ffpolesAineandnnearted the ~
, we hereby request permission to pace an m- a nI
more hed hereto.andlmadesarpart
and delineated eon the ~sketch iand diagram lattac
hereof.
Sketch and Diagram
sufficientsto describe the equipmentnd
(Include ofaeuitnt pole
Position pmelocation on each pole.)
Dated: 19, - -
16 ,
{ Y-..... s
Permission is hereby granted to place the described, equipment on the
n ' identified poles, all as set forth in the sketch and diagram attached hereto,
of
to the terms orization itosmake, hata our sole risk Areement sub-
ject i
ect to re recelviA9 Guth
iled on the equipment tonhsaidheole(s) ishall be coma
changes and rearrangement! dofa
said
$ Ins p
ete W ft in one year from thallatbehrevokedfailing which the permission
-T- IT
hereby granted shall automatic Y
}g~_ CITY OF DENTON, TEXAS
Dated: '
*If none, so indicate .
rOR CITY OOFF•4_ENTON ME ONIY ;
Effective Date New
Total Contracts NohislHo Placed By Yota1Contr ct5
To Date This Notice
Y
No. of Cable Attachments
You are hereby authorized to make the above-mentioned changes and' re-
i
arrangements at your sole risk and expense. 1
Dated:
DY•
.20-
Exhibit C.
NOTICE OF REMOVAL OF EQUIPMENT No.
City of Denton
215 East McKinney
Denton, Texas 16201
in accordance with the terms of the Agreement dated the day of
1914, covering use of poles in and near
You are hereby notified that on
all as more
19 vie remove certain equipment attached to certain of your o es
particularly described and delineated onine sketch and diagram appearing below
and/or attached hereto and made a part hereof. ;
i ~
i Dated; 19
6Y:
f, -
.Removal verified, 19 .
BY.
J
I rDR CITY Or DENTON USE ONLY ,
Effective Date 1
.,Total Contracts No. Removed By Total Contracts
To Date This Notice Remaining
No. of Cable Attachments
L
•
ATTACHMENTS OF TV DISTRIBUTION SYSTEM TO POLES
. NO AMPL 1 F i ER-NO METER
0-6700 volts
Power--Between hires
C~
Primaries
--Power 5econdarles
i i got Less Than 40•In,
T Y Service Drop Y,
~ t.
sit#
Y.Y. Cable
24 in, j
• At first And
No ~.aet
t Less Than 12 ln~ ~ fond Strbt' 1
f i'oie And.every Tenth Pale
Net
Telephone Cable
TIXAS1
I CITY Or UENTON~
1
E><IIIBIT No.
I
ATTACHMENTS OF TV D15TRlB~1Ti0N SYSTEM TO POLES
TY CABLE AND AMPLIFIER ,
Cpl ~ : •
Powor secondaries
Otis
j
T.Y. Power Feed
'To Meter
j And AmplIflo
Not Less Than 40 In,
T,Y, Amplifier 14ay to
mounted Above Or Balow
I Hbt Less Than 40 In. ~ Level Of T.Y. Cable. MeteR
Case Bonded To Tsy Strand'
T.Y. Soo oleo Drops •T,V, Cable
Preferably 24 1n. 9ond At First And Last Pole
Tenth Pole
And At Every
Not Less Than 12 In'
ijoIephone table }
%
wter.alstal case Orounded f
6 Ft. Above Oround Lovat CITY,or DiNTON, TEX S
LXNIDIT NO. 2 1
ATTACHMENTS OF TV DISTRIBUTION SYSTEM TO POLES
• TV CABLE MOUNTED ON POLE
TY AMPLIFIER MOUNTED ON CROSSARH
ELECTRIC LIGHT BRACKET ON POLE.
0-87DO Volts
Botween Wires. - M
Rol
Power "econdarles
Hot
Less
Than '
48 In,
i C-C Of
Arm T.Y. Power Feed To Y.Y.
; Not Less Then 40 I n. -Amplifier Mounted On 1
f Field Quadrant Of Pole
At Least 20 In.
At Least 12 jn. /
MIn Y,Y, Amplifier With etal C ase Bonded
o T.Y. Strand
Al Least 30 in.
T.Y. Service Drop
a
--J•'•' + Preferably 24 In. ; T,Y, Service Drop
Not Loss Than 12 In.
T,li, Cable` On 6M Strand
Bond Strands At First And Last
Pole And At Every Tenth Pole Telephone Cable
CITY OF''DENTON', TEXAS
• EXHIBIT NO S
'ATTACiHHENTS OF TV DISTRIBUTION SYST[N TO POLES
TELEPHONE POLE CARRYING OPEN HIRE OR CAOLE OR DOTH
T,Y, Cable Amplifier And
Drop Wires Hitt, Power
Lead For 7,Y, Amplifier Power Lead
ti
for T,Y. ,
Amplifier
2 In. gin. r Not Loss Than 40 In.
3 Telephone
Crossarm I
Ho Required Mlniigm Separation,
I If Separation Is Less Than 40 .
-Inches, Howevarr Climbing Space
To Reach,Hlres At Higher level
Must Be Proylded.
T,Y. Drop Mired May Be
Above Or Below 7,Y4 Cable
I
. T.Y. Cable
w T.Y. Amplifier May Be '
Preferably 24 In.
Hot Less Than 12 In. ' Above Or Below T.Y. Ca.
Metal Case Bonded To
' T.Y, Strand.
Bond Strands At First And Telephone Cable
Last Pole And At Every f
Tenth Polo '
CITY OF DENTON, TEXAS
• EXHIBIT NO. 4
f .
Simi
E ,
A~TACHMENYS OF TY DISTPi'gUYIUN SYSTEM 10 POLES
+ TELEpHOHE POLE CARRYIHO OFEH WIRE OR CABLE OR BOTH
TY CABLE, BUT Ho TY AMPLIFIER
n
Ho Required Minimum
7elephono ~roaserm Separation. If ;-.epatation
' LessLThan 4n. I "I'
CarrieeslSO Shan r,
one Tolephona Crossarm,
j Climbing $Pace 'TO Reach
17 • Yelepfion0 Wires Must Be
provided.
i t 1T,Y, Cable
Preferably 24 Bond At First And Lest POlt i t
Hot Less han 12 in, 1 And At 'very Tenth Pole
' T ~ ' • ;
.,.-..Telepbone Ccblg
,"N
Fy~ HT01~ , I'~ ND. 5 y
i
e '
• CLIHBING SPACE ON JOINTLY USED POLES
fly$ cable
~6 ~a 1~c `e' T.Y. Service O(OP
' b a
f /
' CITY 0P DENTON, TEXAS
"EXHIBIT Moo 6
1
CLEARANCES fOR TV CABLE GUYS
'CROSSING ABOVE OR BELOW OTNEP WIRES
Othor Mira
T.Y. Or Conductor
Telephone
Cable . ~ j Cabla r Wire
~ tt
Strain
InsuIstore
`
If Required
10
J f t.
Mj .y Ninimum
Ouys Crossing Above 0; Below Other i
kWires Must Have Vertical Clearances
"A" Bane On Sth Ed. Of H
.E.S.C. ,
Ouys At Point 000 Must Clear Teie,pFone
Cahlo Or Wires 3 inches ilinimum
CITY 6 DENTONs TEXAS
EX11101T ~TIN TEXAS
a
r~
enaiaa9~
{
i1 CLEARANCE FOR TV CADLES CROSSING OTIIER' W I RES
E.L. Wire Clearance Above Or Below
1, V. Cable in This Space Most Nave'
Increased C'IEarance
' I- 6 Ft.~
_L
I B Line Of Sight
r' T.Y. Cable
Proferably 24 In, Telephone Cable
Not Less Than Than 12 In.
Mires Crossing Above Or Below T.Y.
Cable Must Have Vertical Clearr~ices
"A" During Construction Arid IBI
After Construction, Based OP 6th Ed,
. ' Of N.1:.S.C.
'CITY OF DENTON, TEXA.S
. ' '
' EXHIBIT 'NO, 8
"Mt
V '
f
CLEARANCE FOR TV CABLES PARALLELING OTI4ER WIRES
' E. L: Supply Mires On Crossarms Or
Brackets Of H.G.II. Mire
T.Y. Cable 3
y2 In. HI nImum When Constructed And !
30 1n, Minimum For Halntenance
• CITY Or DENTOM, TEYAS 44
EXHI0!IT HO. 9 I
. i
.
p,r
1
LOCATION OF VERTICAL RUNS
Telephone Or Telephone
T.V. Cable iCable Terminal
A
TI Y. Drop
Pole ;
Step
Supply Grounding
---Conductor Covered
• ' WIth•Wood;A ldIng
'n
A~✓A i
VerticalkSupply Cable Or i I
Contractors Covered Or:.
(nelosod i
Dimension "A" To' Be 45° where
Practicable But 11) No Case i ~ Shall Vertical %
,
Runs Have A Clearance '
Of Less Than 2 In. From The Nearest
Metal Part Of The Cqulpment Of 1
Another.
01,
CITY -OP DENTON, TEXAS I
!%HIBlT NO. 10
d•:
EXHIBIT II
1lIgwaiT5 or POLE USE CONTRACT ISSUES
Article II. Scope of Agreement
A. Agreement a11Cds Golden Triangle Communications (GTC) to attach to
City of Denton poles where required.
Article III. Application for Permission to Attach
A. GTC will make application for each point of contact 30 days prior
to attachment.
B. If pole or equipment realignment is required, Denton will inform
GCC via application and agree to prior to realignment work.
Article IV. Specifications
i •
A. GPC will attach to poles and maintain such'attachments in accordance
to Denton's specifications.
Article V, Installation and Maintenance of Attachments and Poles
A. Location of attachments shall be upon mutual agreement of GTC•and Denton.
I
F B. Realignment or replacement of poles or equipment to accommodate OTC
cable shall bo at the cost of GPC.
C. GPC will remove or relocate'at.tachrent if Denton's pole needs to be
removed, relocated or replacod.
D. GrC will be responsible for tree trimming required for its equipment.
E. GTG will maintain, repair and replact its own attachment equipment.
P. OTC will not interset poles that might interfere with Denton's lines.
Article VI.,Cost of ;ale Replacements
A. If pole is too short and GTC desires space for attachmen%, Denton
will replace with a taller pole and GTC will reimburse Denton on
following termse
(Cost of new pole + removal of old and labor, material, eto.) minus
(Depr, on old pole + salvage + Denton'e portion of new polo + (GTE'e
portion of new pole - GTE'e contributions))
Article VII. Rights-of- Nay, Legal Authority and Default
A. GTC shall secure necessary Federal, State, local and property owners'
permits and rights to install equipment.
•
k'1
• RK~
page 2
n Article VIII. Rentals
1
A. CTC will pay Denton $5.00 for each pole it contacts$ payable Ian.
I each year.
B. Contract rental fee io for two years, then negotiable and at inter- I
vale of two years thereafter.
Article IX. Term and Termination of Agreement
A. Term of contract is 5 years and may be terminated thereafter with
90 days notice.
B. GTC can remove equipment at any time,but no refund is required on
term of Contract.
j Article X . Indemnity and Insurance
i i
1 A. Denton hold harmless for acts of OTC.
i B. GTC shall carry-appropriate insurance
Article XI. Protection Against Claims for Libel and Blander, Copyright and
Patent Infringement.
e' A. Denton held harmless for lawsuits against GTC for slander, etc.
Article X. r~oneral
A.- OTC shall not sublease this 'agreement without Denton's approval.
Article. XIII. Payment of Bills
A. Payble within 30 days.
• f
I D-D)
CITY Of DENTON$ TEXAS MUNICIPAL BUILDING Y DENTON, TEXAS 76101 / TELEPHONE (817) 382-9601
MEMDRANDUM
70: G. Chris Hartung
FROM: Rick Svehla
y DATE: April 12, 1979
a
RE: Reimbursement for Study Done by Freese end Nichols, Inc. t
Attached is a bits from Freese and Nichols for a study of the Flood plain
near Bonnie Brae and Payne Drive, as authorized by Jack Owen., We have re-
viewed the charges and they seem to be in-order, We would recorrnend pay-
ment be made to.Freese and Nichols. Since the bill totals some $4,341.69,
I believe it should be approved by the Council. f
j
`s
DEPARTMENT Or COMMUNItY DEVELOPMENT
w ~lYfrJM4a.n.aaus..w.:vk'rv+.,rw^rprn-r.,.a..c.•.,na.v:..~+we!w..w.a~..-.»..,......-,....... I
, A
r
9I60ON W. 1 NI Nit
JAMEY R. NICHOLS
RODENT L, NICHMS
LIE R E
%EGO
h00[RT
H
P8E!SP AND hiC110LSt INC. JOLRONA DL JONES
•
JONES
C O N 3 U L 1 N 6 E N G I N E Rtl YLNT A. iMOM►tON 111
1 S t1 E
JOC IN. MAO-to
Ocit C. ALLEN .
April 6, 1979 W. ERNEST CICMt NT
FLVfN C C6rMNO •
t ~1 N. COOK
T. ANTHONY RCin
DAAT N. Rttvtf
City of Denton
215 E. McKinney Street
Denton, Texas 76201
Attention: Mr. Rick Svehla
Director of Planning
Gentlemen:
i We submit our statement for professional services in connection with
I the flood plain study for the area near Bonnie Brae-Payne Drive.
The fee has been computed on the basis of Schedule of Charges, Mis-
cellaneous Projects, dated January 2, 1978.
j The fee requested is for the basic ..•rvices performed during,Oe
months of October and November 1978. C-edit in the amount of
$1,475.02 has been given for all charges during December 1978 and
January 1979, The work during these months pertained to revisions
in the study performed during the previous months. '
' i
We shall appreciate your review and approval of the statement in the s
amount of $4,341.69 for payment.
Yours very truly,
FREESE MID,NICHOLS, INC.
R. A. Miller
nccloEn sure
• I
T'1LION0Nt 117 !36.1161 1111 LAMAR 6TRt1T MOAT WON+H, TtAA1 18101,
D'Ot' _ ....e.__..,.,....._.,
si
• t
1
4•- STATEMENT
FREESE AND NIC11
O[,5, INC.
C O H I U L} I N 6 I N 6 1 N 1 1 R 1
a,
To, CITY OF DENtvii
DATE= April 7, 1979
ACCT. No. DTN 78159
FROMSIONALSERV4*, In connection with flood plain study for area near Bonnie Brae-Payne
Drive in accordance with Schedule of Charges, Miscellaneous Projects,
d-ited January 2, 1978. Fee is requested, only for services during
October-November 1978; credit is given for revisions during December
1978-January 1979.
SERVICES DURING PERIOD-OCTOBER 1978-FEBRUARY 251 1974;
Associate: E. C. Copeland
Staff: See Below
Assoc. ;
Month hr. Staff Salary Cost Ez ense x
III Oct 78 1 $562,12 ;97.57
t'1 Nov 78 4 5 982.40 t1,544.52 129.94 $227,51 i
Dec 78 $279.29 35.20
Jan 79 0 _?84.86 4,15 21,01 56.21
TOTAL 5
$2,108.67 $283.72
COMPUTATION OF FEE:
Associate-per diem: 0,625 days @ $350/day $ 218.75
Staff Salary Cost; 2,108.67 x 2,5 5,271,68
Expense, 283.72 x 1.15
TOTAL FEE EARNED 326,28
LESS CREDIT FOR REVISIONS* 14475 p2
*Credit Com utation (De4-Jan) NET AMOUNT DUE
S a a ary os : 564.15 x 2,5 $1,410.38
Expenset $6.21 x 1.15 64.64
Manhours TOTAL CREDIT T','4'I~5. U 1
opeIand Oct 9 Nov 478 Dec 78 Jan 79 Ex_ pense
M. Churchwell ct Nov Dpc Jan
. Montgomery 29 58 17 15 Computer
J. ontgg 6 19 Printing 49.60 11.00 i
J, Fleming l 7 1 Travel 33,90 13.26
'L. Buckman 3 2; TOTAL
M. Cameron ;227,51 S56,21
5
E. Lester 3 4 }
L. Dinn 'if
H. B, Mann ~QTt4~ 4~
tllllNO Itl•T1If 111 PIyA1 I1111f FOO wblrN, fIXAE 11161
N
THE STATE OF TEXAS 1
k r"1 RELEASE
COUNTY OF DEMON Q
i ,
YIIEREAS, the City of Denton has embarked on a beautification
program and is desirous of removing Junktd vehicles in the City of
Denton; and
WHEREAS, AAA Auto Salvage is agreeable and willing to remove
i
i
junked vehicles from property'inside the City limits; and } I
i
It WHEREAS, the City of Denton-agrees to hold AAA Auto Salvage
i harmless from any liability concerning the value of the dunked
vehicle removed or from any liability concerning the authority to
remove the vehicle.
f'
NOW, THEREFORE, the City of Denton hereby releases and holds
harmless AAA Auto Salvage its owners, employees, agents or designates
from any liability concerning the authority or the legality in ro-
i
moving any dunked vehicle or the value of any vehicle removed; how-
ever, the City of Denton does not release`,from liability or hold
harmless the above party from any tats of negligence which cause I
property damage to the premises which are entered for the purposes S
of removing a vehicle. This agreement ie'valid for one (1) year
from tho data of execution unless extended by agreement of the
parties,
EXECUTED this the _'day of May, A. D. 1979,
CITY OF DENTON, TEXAS
i
t 9Y• f
M NOR
ATTEST.
A OL IT 6 ' R 'TA
CITY OF DENTON, TEXAS
t a
4
I
THE STATE OF 7EX003 O
RELEASE
COUNTY OF DENTON I '
1
ntREAs, the City of Denton has embarked on a beautification
' program and is desirous of removing junked vehicles in the City of
` Denton; and
YHERF.AS, B & 0 Gulf is agreeable and willing to remove Junked
vehicles from property insido the City limits; and
WHEREAS, the City of Denton agrees to hold B & 0 Guli harmless
from any liability concerning the value of the junked vehicle re-
moved or from any liability concerning the authority to remove the
F
1 I
vehicle.
I
NOV, THEREFORE, the City of Denton hereby relel.ses and holds
harmless B & O.Oulf its owners, employees, agents or designates {
from any liability concerning the authority or the legality in re-
moving any junked vehicle or the value of any vohfcl.e removed; 1
n however, the City of Denton does not release from liability or
hold harmless the above party from any acts of negligence which
cause property damage to the premises which are entered for the j
purposes of, removing a vehiole. This agreement is valid for one
t
(1) year from the date of execution unless extended by agreement €
of the parties.
EXECUTED this the day of May, A. D. 1979.
CITY OF DENTON, TEXAS
t BY:
M
rf
Yon
• t
ATTEST:
~S
CITY OF DLNTON, TEXAS s~
I
is
i
THE STATE OF TEXAS
RELEASE
n COUNTY OF DENTON I
WHEREAS, the City of Denton has embarked on at baautlfication
program and is desirous of removing dunked vehicles in the City of
Denton; and {
WHEREAS, Waller Exxon is agreeable and willing to remove
dunked vehicles from property inside the City limits; and
WHEREAS,,the City of Denton agrees to hold Waller Exxon harm-
less from any liability concerning the value of the dunked vehicle
removed or from any liability concerning the authority to remove
. the vehicle.
NOW, THEREFORE, the City of Denton hereby releases and holds J
harmless Waller Exxon its owners, empioyees, agents or designates
from any liability concerning the authority or the legality in
removing any dunked vehicle or the value of any vehicle remov•,d;
however, the City of Denton does not release from liability or
hold harmless the above party from any ants of negligence which
i
cause property damage to the promises which are entered for the
purposes of removing a vehicle. This agreement is valid for one
(1) year from the fete of execution unless extended by agreement
i
of tho parties.
' EXIMUTED this the day of May, A. D, 1979.
1 ~ f
l
CITY OF DENTON, TEXAS
BY:
Mon
v
ATTEST.,
7
L Ho'
C1TV OF DENTON, TEXAS tj
{
R 6~AA te:JrG a ra
r
r ;.a.,rr..~LaL~.sr.rw:::fsWa.wiJJJW..Y I..SY~Y.+' ..7.L'•e7, r. ....~TEXAS LEGISLATIVE SERVICE S. B. 981
w ^ 3/9/79 t
Filed by Howard
'r
9-11-15.28--430 A BILL TO BE ENTITLED
f AN ACT
r
2 rllatina to the °nterceptfon and use of wire or oral g
3 coamunfcationtl,orovidfng a penalty,
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXASI
S SECTION I, Chapter Igo Code of Criminal Procedure, 19650 as
6 amended, is emended by adding Artltle 18,20 to teed as,lollorst ~
7 Art, 18,20. INTERCEPTION AND USE or MIRE OR ORAL
! COSMtUNICATIONS '
O Sec, So GENERAL PROVISIONS, (a) (ender the provisions of
30 this aerials, an beds[ to Intercept wire or oral communications 1h6Y
3
{ ) 1i be Issued by a judge of a court of general criminwl jurisdiction,
12 (b) A person acting under color of law nays without an o.det
f8 of the courts intercept a wits or oral communfcetdons where that
r~ y
Ii perROn is • patty to the communication or one of the parties to the
Is conmunftation has given briar consent to the interception,
16 (c) A person not attlnq under color of lax MBys without an i
Y
17 order of the court. intercept a wire or oral tomaunltation, where a
18 he It a party .o the coaaunication or where'on• Of the pirtlet to t
19 the conlunfcation het qt)'!n prior consent to the interception
20 unless the toaeunicptfon is Intercepted for the purpose of
21 copefttinq any Criminal or tortious act in violation of the
22 Constitution or laws of the United States or of this Staten or for
23 the purpose Of tomaittina any other injuriout act,
24 (d) It is not unlAvful ur.eer this•#ttlelo for an operator of
' 68RI197 LA0.••1' I '
•
~Wi+siaw iaey;4Jtl~Yi.~;f yy~
. ,N.a..~r`'rJs.W..i.w.a...-«WNi.I...:e..a'r~ri+Lail.i.►.,lo~f►a~fin.L,-~~wx.,,~.yy.y.tls~N:4~r.s3e,.~.__~..~.. f
- f
~ I a switchboards ar an off test r tmpSoyee, or anent of any
2 communlcatlrn common carrier Whose facilities are used In the
I transmission of a %ire commUnleatfon to intercept, disefose, or use
.
e that communication in the normal Course of his employment while
5 engaged In any activity that is a necessary Incident to the
.
6 rendition of his service or to the protection of the rights or
7 propwrty of the carrier of,the communication, Communication common
i
a carriers may not utilize service observing or 'rando+n -monitoring
9 except for mechanical nr service duality control checks6
l0 le) It it not unlawful for an officer, employees or agent of
if any eommunttatlon common carrier to provide information,
12 facliitiess or technical assistance to an investigative or law'
t) enfereement officer who, under this article, it authorized to
E F 11 intercept a wire or oral communication. ri.
Er
3} IS deg, 2, UNAMUP12FD 1NTFPCEPTION 16,NOT EVIOENCt, Nhlnev,tr
f 16 any wire or oral communication hat been lnterceptad, no part of the
l ► 17 contents of the Communication and no evieehee derived trod, It May' S '
to be received in evidence in any trial► hearingr or other proceeding~l t r I
~ .i
t9 before any court, grand lury► department, officer, ageecy,r
20 rMgulitory ktoOs legislative committees or other sithorlty of this
21 state, or a political subdivision of trill dtate, if the diselosura
' 22 of that infor a tlon would be In violation of this article,
S 21 sees 1, orrIN M ANb, in this articles
N (t) 'wife communication' meant a communication Made In whole
4i
25 or In part through the u.e of facilities for the transmission of t
26 communications by the aid of Oife► cable, or similar e0nneetien
27 betraen the point of origin and the point of retas'tioe furnished or S<
U ,
W1697 Lik-F 2
a '
IF so, OW-r
j t +r
p! ~
5
i
4{
Manama i
„~....,:w...w.:..:u,x:.•1 ~ `...,...:.,:YS:.Ne:yolird.7~fJi+c.~di~i►t•al.
I operated by any person emgaged of a common carrier in providing or
r.. 2 Operating facilities for the trahsmislton of interstate or foreign
commwnlcations.
a (2) 00ral cokmunlcation" mtaMl a Communication uttered by a
S person exhibiting in expectation that the rommunication Is not .i
6 subJect to interception under circumstances justifying that !
T ekpeetetlon. 1
1 (3) "intercept" teams the acquisition of the ;ontents of any 11
9 wire or oral colmunlcation through the use of electronics
to mechanical, or other device. 1
t
11 (l) "Electronics mechanical, or other device" means a device
17 or apparatus that can be used to Intercept a wire or oral
1) Communication other Mehl
j ryf 14 (A) a telephone or telegraph Instrument, eaulpment facilityr
IS or compomentl
'r
16 (1) fUrnished to the subscriber or Uter by,a eommunicetiont
17 common carrier In the ordinary course of Sts business and being
rte'
• II Utedby the subscrlber or the user in the ordlhar) court* of Its
19 businem or
i
20 (11) being used by a comnuntratio0i common carrier in the t f
21 ordinary course of its business, or by an investigative or jar
22 ehtorcement officer in the ordinary course of his dutlea! )
23 (A) a hearing aid or siallar device being used to eotrOet
21 subnormal hearing to not b,ettet trren hostel.
2S (S) "Person" includes an employee or agent of thls' state or j
26 political subdivision and any Individual partnerthipe 6140clation, J
27 joint stock Company, trusts or corporations
r
i
601197 1•AR-f 2 {it^
j
r
MR7
I. a4.3, t:.~:~ ~ ~ 1w r~M S,di~.,}rM~♦~yt 7'
~Kaww~.r~tCWkr"ri d141Y.IMAbLS-.r~.:.CaLiW4Li~'Ya4:lr:, iliwi/:~ar i~Li.Yi~Yf.►iwatfi MJilopLirw'~/u
A
1 (b) "Invrttigatlve or law enforcement officer" means an
2 officer of this state or political subdlvtslon who 1s empowered by
law to conduct Investigations of or to make arrests for offenses
4 enumerated In this article and an attorney authorized by low to
S prosecute or participate In the Prosecution of Such offenses,
b ti) "Contrnts• when used with respect to any Iwlre of oral
i
T coRmurfcations Includes intotOat)on concerning the identity of the
1
8 parties to the communicatico,r or 'the existence, substances Purports
9 or nesnino of that communication,
10 (8) "Judge of a court of general criminal jul'iSdirtibn"
i i
( it means the judge of any district court or criminal district court of
E~!( 12 the State of Texas,
t 13 (9) "Aggrieved person' meant a person who was a patty to any
kk ~
E 14 intercepted wire or oral communication or a person against whoa the
IS' Interception wag directed,
16 See, 4, AU M PItATION r0R INTERCEPTION or w1RF ox ORA6
11 COMMUNICATIONS, The Attorley ceneraa of the state of ?exalt SK
IS assistant attorney aenerel Specially designated by hies or the
19 principal prosecuting attorney for any judicial district or county
20 of the State of Issas may lake application to any judge of a court
I r
21 of general criminal jurisdiction fors and the judge may grants in
22 conformity with Section 6 of this articles an order autharlsing the
r
2) interception of wire or oral COeebnicattons by Investigative or law
24 enforcement officers having responsibility for tnt Investioatlon of
2S the offense as to which the application is sides when the
26 Interception may provide evidence of the Mamitsion of A felony
27 orfenst under the Texas controlled anbatanees Act at under Chaptet
6sN)19e bAR-r 4 t
,
t.
tis+~ T~,~e'Tyn~v~r~, ~{7'1rw1'rys 1 'Y
'Iy,SI r 1
s.
. • • iu4►111Y/Wi~'AMI•r'[~YwLSJ1.L`•~Yiy(` ,
' ~`m.a1.Wd YWW •vi.~Y.Ya:rL LLa~iW i•~ 1 475, Aels of the 56th Legislature, Regular Session, 19591 as
7 amended (Article 4476-14, Vernon's Texas Civil Statute!),
bee. S, AUTHORt2AtioN FOR DIICLOSURE Al.D USE OF INTERCEPTED
I 4 MIRE OR ORAL COMMUN[CATIONS. (a) An IcvestlgatlVe or law
5 enforcement officer who, by means aUthorizbd by this article, has
I 6 obtained knowledge of the contents of any wire 0r oral
j 7 communication, or evidence derived from the contents$ m-ty disclose
a the contents or evidence to another investigative or INV
I enforcement officer to the extent that disclosure Is appropriate to
to the proper performance of the official duties of the officer asking
,
11 1! or receiving the disclosure,
I 17 (D) An lnvestlgative or law enforcement officer rho, by
E Ij means authorized by this articles has obtained knowledge of the
t
( ' } 14 contents of any wire or Orel eommunJcetion, or evidence derived ti
IS from the contents, may use the contents at evidence to the extent
16 the use is appropriate to the proper performance Of his official
fT duties.
l! ft) A person who has iecelvad, by mean! authorized by this
'19 article, any Information concerning a rite or oral communication,
20 or evidence derived from the tommunfeAtion, Lntertepted in fi
at accordance with the provisions of this artLCle, nay disclose the
27 contents of that communication or the derivative MVldence while
~•7) giving testl70ny under oath or affirmation in any criminal or civll
II
l 1 124 proceeding in any court or grand fury of this state, r
(d) No otherwise privileged wire or oral communication
tb Intercepted In accordance rifno or in violation at# the provisions
.
77 a1 this article Loses Its privileged character,
'J 66k)t19T LAR-F S
•
f 1
1
II ..LY7 ♦ u...•. 'ti'~J1++8~+.. ..w a'w r.~.r....i,..'J~ r
. i~MJLRatnlar+v •N.r,~l'.1 I
i
t ie) Yhrn en lnveIt lost Ivv or ter enlorcoment officer, whlfe
? engaged in intercept tno wire or oral co.l
~municatfons in the
&Uthrrlled by this article, Intercepts wire o Manner ?
e reletlna Of oral coamunlcatlons
to offenses other then those epeel!!cd fn the order of iza
S euthorna tlon or e
,
pproval, the ecntents and derivative evidence may
6 be diseloStd or used as provided in Subseetlons (a) and (b) of this
7 section, The contents and any dtrfvatlve evidence May be used
1 under Subsectior (c) of this section when Authorized or approved by
0 a fudge of a court of oenera) criminal Jurisdiction when the judge
to ffnds an subseQuent application that the contents were Otherwise
it tntereepted In accordance with the
1? Application cAe11 be Mede as soen Aprovisions o! this Article, The
• preetlceblA, ~
1) bee, 6, PROCEDUAL..rop INTENCEP mN OF WIRE OA ORAL
ie CCMMUK)CATt~A3, (a) Each, a
Dplfretfon (or an order aUthnrtsin4 the f
1S lnterceptlon of a wise or
6
r^ oral coanunteatfon chill be made In
J6 writing on oath or AflitwAtton to a judge of a 4
scuts Of general
17 criminal' jurisdiction and shall state the a9DlfcAntt
It Make said appli Nticn, Each a c authority to
pplication must include the following
19 fnlormationt
?0 fl) the identity og the lnveetigitlve or )
'a
law M lorreaent
Ti oltfcer• Making, tie Application and td! Officer aUtherlting the f
i ?T +pplicatloni
?I i
it) a lull and
eoMplete eteteaeht Of the facts and
24 circuactances relted on by the appilcsnt to justify Ala bellef that
?S in Order should ee iSSUed, tnaludingi r
?6 IA) details At to the particular efftntt that hal baens 11
27 blJnq, OC 19 about to ae eoaaitted)
66R)197 LAR-P
Y
I
i
r
1
• .~~rr+`.~tWriid'.r:'u:.+.,jbit3^i
I lei a Garticul at description of the nature and location o!
? the lacllltles from vhich or the Place vhere the Communitation SS
} to be interctPtedi
4 ICI a particular description of the type of communication
S Sought to be tnterceptedr
6 (0) the SdentltV of the pertbnr It knownr committing the
} O!Ilnfe and Whose communication 11 to be intercepted$
(1) a full and complete Statement as to whether or net other '
9 investigative procedpres have been tried and felled of wiy they
to reasonably appear to be unlikely to succeed If tried or to be too
V
i 11, dangeroust WAlth the
12 (4) a statement of the period of time for
I 13 interception It regulred to be oaintelnedr and it the nature Of the
1
hot the authDTltFJtlOn for interception
i 4 investigation It Such t
1
'
i
1S tAOU1d net eutemattcallY terminate when the described type of
$6 Communication het been first obtafned,'a particular description of
'additional
1} facts establishing probable cause to believe that •
i
. 19 communications of the same type will o<rur•thereatterl
14 (S) A full and complete statement of the facts concerning
20 all previous applications known to the Individuals auOorizing and
21 making the application, made to any Sudge for authcritatien to
22 intefetot wire or oral Commutntcations involving any of the soma
21 persona, taeitlttetr or planes tperffiee in the apollCAtlon and the
i 24 action taken by the judge on each Such applicationf and
2S I6) Where the application it for the extension of an orderr
26 a statement setting lotth the results to far obtained from the
I
27 interception or a reasonable explanation of the failure to obtain ~
,R
' 668119} bAR~f ?
• ~rw.-'" • ~ ua.aw•w•u..~..iiw:le:r~ii.wL.4r6oydsN~.a.r~.,.t.,i+.+Y++i.::vary+:c:.::..~.. a,:.:Ywi~oi~.++i.u:y`
1 Each resulSS~ 1111![
Z (b) Tme lildae may It nnlre the eDOlleent to furnish
I addltinnal testimony or ioCUmentarV evidence !n aUpport of the
e application,
S (c) On noDllration, the lunge mny enter en ex varte order, j
6 as reouesied or as modifled, authori:lno Interception of wire or 4
7 Orel tommunicalIons vlthln the territorial lurlsdiction of the
A court in which the fudge {s'slttlng, it the judge determines On the
9 basis of the facts submltten by.the Applicant that!
{0 111 there It probable cause for belief that an individual Is
I 11 committlnoi has committed, or is about to commit an Often%#
{
12 enuetratPd In Section 1 of this art1clel
11 (t) there It probable cause for hellef that particular
~ i
11 communications ebnceening that offense will he obtained through the
1S Interceptiont
16 (1) normal Investilative DroceAures helve been tried and have
17 failed or reat00aAJV appear to Ke unlikely to tucteed it tried or
)
is to be too dahgern"61 tt'
t9 (e) there Js probable cause for belief that the fatilitiea f l
10 from which, or the plate where, the Wirt or ore% eoaRunlcationl are
ji to be Intlrcepten are being used, or are about to be used, in
connection with the commission of tuck an offense, or are leveed
7) to, listed In the name of, or commonly used by the IndlvJduall
71 Id) &act order authorizing the interception of any Wire or
7S oral co%munleatlon e.hall 1peetfyi
26 (11 the ldemtlty df the persOnr it khownr whose
Zt commun{catione are to-he Intereepteof
b6P1191 4AP-r t
5
• if,
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1 . , . ~ a Cam' F
r. i,. 'y'W/"y~1,NLYi~r`r,YY•/J'~ -wwN'~~L~~. •/a A1.~6'I `
! (7) the nature nd location of the comnunlcatlons facilities
2 from Mh1cn, DS the place whtre, authority to Intercept Is grantedl
1 111 a pattleular description Of the
type of enmmunieatlon }i
e 000ght to t't Intereeoted and a statement of the particular oteense
5 to whirr It tedatest
~ 6 7
fl) the Inentlty Of the aoency Whorl zed to Intercept the
1 7 communications and of the
person •iutnorfzirrq the sppllcatlont and
t
s (S) the period of tine' durino which
the Interception is ~
9 authorJted, IncludlhU a statement as to whether or not the
t
to Intrree0tion automatically terminates when the described
A
k! communication het been first ontetn'e,
12
j (e) No Drier entered under this section MAY authorite the
11 !ntercepticn of any wire or oral communication for an
j ~ Y period y
14 longer than Is necessary to. achieve the obleetlve Of the Ro
IS authorizatlon, nor 1n any event longer than 10 days, Extensions of +
i
16 an older *My he oranted It an application for an extension Is made r
17 in secaroance•with Subsection (e) of this section and If the court
11 make/ the findingri reaulred by Subsection (o) of this section, trip
19 period of extersolon Amsy not be longer than the authOrlalnq 'Judge
f 70 deems necessary to Achieve the pu „91CL tot WN ch It was granted
21 and In no event longer than 10 days, Every order and extension
4
12 shall contain a provision that the authorization to intercept shall
7
71 be lxeeuteA as soon as pFacflsable, rna11 be conducted to ,u0h a
2e way as to minlmlte the interception of coomunlcatlonl not 4thrte11e
.k
2S subject to interception under this article, and must terminate on
76 attatnmeht of the /utkotited objective, or in any event In 30 days,
77 v {
(9) An brder avtneriting interception tray require reports to
6601097 LAA-r 9
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.....a2.ic'.:rjy.•+IM:~L'N-\~af.+~~\~✓~1.~.Y4\r'ti\~1'M.Y+W:..Mlr~fi~[I~i..,KWYY1..~\..YL'r'yj
f~
l be made to tnr ludne ►t'o issued the orders sho ingoWnat Pvear"S
2 has bred aade tovars, aehfevemeht or the f
s shell be merle at
1 tmr need tot continued interception. Tha e repo tt$
intervals as the )u,ae may rrtlufte.
S The enntenes of any wire or or eS communication
(u) ( i l T
6 intercepted by enY 100ans authorlrrA, DY this s'ttScl! shells It
possSbSer b! tecnrdcd On teDe or wire or other comoeraRSe device,
e Trip records^q of the contents of any wire or oral communication
9 under 1M, subsection shall be done in such a way e+ will protect `
r eaftlr.• ur other alterations.
10 the recordlna immediately on
i fro
~ j1 tt the esDlratton of the aerlod Of the order or of any exec^tnensordet
I !Z tecording Snail be, made available to the judof thrsreeordlnal Shall
It
I ! 1) and sealed under his directions. Custody
I 14 be vnerover rte judoe otdrrss They Its,, not be destroyed except
event sbe11 r
tS on e^ order of the 1ss!~lna or denyIntl judge and In an,/
pyp)lcate recordirill may be made for use or
A
it be kept for )o years.
II diseIas,srr putsua^t to the Provisions of "teetlone S(a) and (b) of ¢
Th
11 toil article for lnvestiaetlons\ The presence or th e seal provided
!
esDlanation for its
i 19 for hY th11 suoteettonr of a satlSlactotY
Zo aRSencer shall he a Df+leaullit+ for the uee d+rlvativeurevidence
21 eontents of any wire or oral corm++nltitton or
ZZ under Sect}an Ste) of this cuticles
ZZ (T) applications *ade and orders granted under this artie1e
of the applications and
Ze Snail be sealed by the tuda+• Custody directs apDllMttonl and ti
ZS droetS shell he wherever the judge
26 orders anal) be dlseloseral eriminel w)urlsdlrtion cand e PAYfflat be
judge of A eaurt of aene ;
10
F6k1B4T LAA-f "
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,.rt 3. u,r.:ww}..y. A{Se. r. ,.CC►r'1.1h G~.tA~7~
c c.
1
1
, » • atu.J.+re" °i i'.vs,~.~~,.a_ura•a.Gy,
1
I destroyed except on order of the issuing or danyina ludoe and in 4II
g any event shall be kept for 10 years, J
S O) Any violation of the provisions of this subsection iuay
3
4 be punished as contempt of the issulnq or denying judge, i
6 (4) Within a reasonable time but not later than 90 days i
6 after the terminetlon of the period of an order and any extensions,
I the issulno or denying judge Snell cause to be seived on the
9 persons named In the order or the application And other parties to
9 Intercepted communications as the judge may determine in hit
10 discretion that Is in the Interest of justice, an Inventory which
11 Shall include notice oft
f t 12 (A) the fact of the entry of the order or the epplleationl
3
1) (5) the dete,of the entry and the period of authorized
14 interception, or the denial of the %pplicationl and
15 (Cl the fact that during the period dirt or Oral
16 communications were or were not intercepted, The judge, on the
7 1
17 filing of a cation, nay Sn,hls diaetetlon.meke evei1able to the
18 person and parties Or their Counsel for insPection portions of the '
19 intercepted communieactonss Applications# end orders at the judge
20 deterNines to be In the Interest of justice, On an ex Porte
71 showing of good cause to a judge of a court of-general criminal
i 22 jurisdictions the serving of the Inventory required by this ti
L%6~j Ctfon gay be Postponed$
(h ) TRa contents of any intercepteA rite er oral
Unlcal(On or derivative evidence Pay not be received in
r heaelg, or other
n
ence or otherwfsa disclosed in any tr1a 1
eaAing In a court anltas each martyr het less than, 10 days
19j LAA•r 11
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I
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(r+.+rVta.wii.✓:rw.~aJdl....I~ra.1..::., r•.,a....iri j
aj •..w~i.:~:r.aL.r.w.rn..+4.'t.~+L~r+.:rAY+.~uns~ 7
t before the it Sal. hearing, nr proceeoing, has been furnished with a
2 copy of the court other and a0iompnnying application under which
J the lnteroept10n vas authorised. This 10-day period may be waived
t by the )udrr jibe find, that It was not possible to tarnish the t
S Party with the above Information 10 days before the trial, hearingf
b or Proceeding and that the Party will not be prejudiced by ,the
1 dtJAy In recelvlno such Information. i
e (1) Any egarieven person in any trial. hearlno, or j
9 Proceeding befort any court, departmento officer, atteneyr
10 rtgulatoty body, or other authority of this state or poll tltel
II subdivision may move to suppress the contents of any intercepted
12 wire of oral communicationj or any derivative evidence, on the
1 f
f
j 11 ornunde that$
14 ifI CAe communication was unlawfully lnterttetedi
1--1 15 (2) the order of authorization under which it was
f 1 t, ,
16 intercepted is Insufficient on its caret or
11 IJ) the lntercePtlon was not made in conformity with the
se order of authorlration, This motion shall be made b,elott the
19 tfJa1, hearino, or proCeealno unless there is no opportunity to
f '
E 20 make such motion or the oorion to not aware o9 the Orounds tot the
f
21 aottcn. it the motion le granted, the contents :f the intercepted l
f 22 wire or oral Communication, or derivative evldemeal shall be
73 treated as naviho been obtained in violation of this ar4 cle, The
N judne, on the filing of such motion by the aoOtIlved peralni nay in ;t
I e, i
25 1111 oitcretinn make avallahle to the a04ritved cartoon or his
26 tounvl for lospeetion portlons of the intercepted toamunicatlan or
21 derivative evidence as tt•.e lud9e dttarminee to be in the interest
W3997 LAW 12
~e.u.rri.✓+WL.i..3sf:i~k~.t:.iwt..... aa..~.....w.1~l.rt..uco...+►'+-.v -Sul i
1
1 of fustice.
(1) An order authorlrine the Interception of A Wire or oral 4
1 communication thalle on the request of the epPllcants direct that a
e coemunlcetion CaTaen carriers Iandlorde custodlane or other person 1
S sh4J1 furnish the aopllcsnt forthwith information, facilities
t
6 and ttehnlC41 essfstante iieceltary to 1000mPlish the 1n',erceptlon f
7 unobtrusively and with a minimum nt interference with the servlCeA
6 that 11; carder, landlord, custodtant Or Person It According the #
9 person whose communication$ are to be lntercepte•l. Any
10 communication common carrier, landlords Custodian, or other person
1 11 turns'shiny facilities or rethnicai aaslatance shall be compensated )
l 17 therefor by the applicant it the Prevallfn0 rates, ]
j 11 611, 7, REGDYCwY Or CIVIL UAMAGEb AU7HOR1tf:D, le) 4ny
• 14 nerson Whose wire or oral ComeonieAtion is Intercepted, disclosed, sr
is or used In violation of this articlef
i 16 (1) has a civil 'cause of Aetlon against Any Person who
17 interCOPtst discloses, or Mete or procure$ Any other ptrrctl to
a
Is intslcepts discloses 'or use the communicationsf and
19 (7) it entitled to recover front that portent
70 e
(A) actual damages net less than 11quldated dosages computed R
71 At the rate of 1160 a day tnr each day of violation or not lest
77 than 11,040, Whichever is hlgherf i 1
71 f10 punitive damagesf and
14 IC) a reasonable attorney's (to and other liticatlon Costa
71 reasonably lncurroa,
16 (1) A good !Alto reliance on a court.ordef or l17111ativa
77 authorization Is A caaplete aefenee to Any Civil or criminal action
603601 LAR-1' I)
'll
i
W
R ~ f)t a
I bronaht under this article or under any ether, sw. t
7 See. 6, VIOLATION OF PPOVISIONS A FELONY, A law enforcem'ent'
1 btflcial Ir private person who knowingly or intentionally a
i
a lntereeptsr discloses* or uses, or orotures any other person to
1 S 1plereeptr disclose, or use any wire or oral communication, except I
s
b In accordance with the provisions of this artleltr commits a felony s
T of the third degree,
r 1
Sr.CIION Y. 1'he Importance of this legislation and the
j 9 crnwden condition of the calendars In both houses create an
i 3
10 tapraency end an Imperative public necessity that the
t II con Ctitutlonal rule requiring bill% to be read on three several
7 12 days in each house he susp!ndede and this rule is hereby suspended, I t
11 and that this Act take effect and be In force from and after its I 't~1
• J
11 Dars2aer and It It so enacted. {
I
v
1 kl
66P1197 LAP-r 14 fir, C
6
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F
s
CITY OF DENTON
MEMORANDUM f
r
DATE OF MEETING: May 1, 1979
AGENDA ITEM: Bid #8656 Electric Distribution Transformers
SUMMARY:
This bid is for the inventory replacement of electric distribution
transformers used by the electric distribution department in routine main-
tenance and construction of the electric system.
t
FISCAL SUMMARY:
These transformers will be paid for from 1978-79 budget funds. The
The account number is 02-52-92•-22 electric distribution line transformers.*
ACTION REQUIRED:
Council approval of staff recommendation and award of bid.
ALTERNATIVES:
None.
a
' STAFF RECOW&,'DATION:
i
Ve recoamend'this bid be awaided to the eveluatk low bidder meeting `
specification of 'temple, Inc. The total bid price is $17,940. The evaluation
of this bid is based in a total life cycle cost formula.
EXV1bITS:
Tabulation sheet attached.
Signature
r
a i
MOTION:
SECONDED:
ACTION:
I~ j
DID 1 6656 r
DID Teana Eormers Ocarkrr CISCO Teeple TomPls VuTtae
L.D.} g10./ D.P Prleater Irlestar Cummins San Angola v'ESCO War*
OPEN Amyl :7. 1979
6.l. Porto Napastir Cur McGraw Ceotnl SESLO Meat. 1tcCnw G.E. 0.!. McCUw 0.l.
A000l1NT 1 02-52.92-21 '
VENDOR ITaX DESCRIPTION VENDOR h
1 10 30 OVA 63,054.00 {3.010.11 1,016.69 16 996.03 64 524.44 $4.359.5S 15,473.49 $5 ,437.41 63 03].79 14,171.60 14,932.1 14,312.61 14 251.33 51,212-19
7 17 7S SVA $6.663.39 17,640.30 $6,427.72 66,396.62 16,469.33 66,641.11 $6,165.17 17.6R2.'O $6,441.00 15,194.13 65,934.0 64.170,26 13.943.73 17,345.14
5 3. 1 75 !VA Caarentiodal $6,531.21 $7,042.09 6 yl .40 $6,165.57 6 4 4.17 6 6 4 6,J)j 05.60L.11 13.679.6 66,137.32 $5.524.19 56,691.19
Dollar 12 Wks, 14-16 vks 11 vko. 100 day 10-11 vks 46 day 30 day Stock 100 do 6-6 ut 64 w4 15 vt 6-6 vAt 43 dal .
I
i
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a
CITY OF DENTOii I
MEMORANDUM
DATE OF MEETING: May 1, 1979
AGENDA ITEM: Bid 68661 Transmission Poles
SUMR•lARY:
This bid is for the replacement of warehouse stock. We need to carry
some of these poles to replace transmission poles when necessary.
FISCAL SUMMARY;
Warehouse inventory, working capital account number 05-98-87-08.
ACTION REQUIRED:
Approval of purchase.
ALTERNATIVES:
Not carry inventory of transmission poles.
t STAFF RECOMMENDATION:
We recommend approval of the low l,idder,'International Paper company
for $8,844,65,
EXHIBITS:
f
Tabulation sheet.
$na u
.
' I
I
f
i
• ty~
1
MOTION:
SECONDED:
ACTIONW.
•
k y
HID # 8661
6ID Transmission Poles
Colfax Internat' McFarland Nieder- Temple WESCO Northern
OPEN 4/24/79 Creosating Paper Co. Cascade meyer Pacific
Martin Lumber
ACCOUNT ' 05-98-87-08
QTY. ITEM DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR
1. 4 6012 transmission poles $447.25 $423.90 $459.70 $450.80 $449.00 $458.97 $482.00
2. 3 6512 $580.75 $522.75 $596.30 $593.40 $512.00 $522.88 $600.00
3. 4 80/2 $800.80 $728.15 $822.40 $825.40 $777.00 $793.00 $844.00
4. 3' 90/2 $19312.80 $889:40 $1,345.80 $992.00 $1,280.00 $1,306.73 $1,045.00
Delivery 16 wks 4 wks 12 wks 6 Vks 4-6 wks. I
j
Terms 30 days 120 days 30 days 90 days 45 days 45 days 30-40 days
" Douglas Douglas Fir Fir
All or
None
060 AWA AM-
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