HomeMy WebLinkAbout10-02-1979
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AGENDA
CITY OF DENTON CITY COUNCIL
October 2, 1979
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Regular Meeting of the City of Denton City Council, Tuesday,
October 2, 1979 at 700 P.M. in the Council Chambers of the
Municipal Building. Broadcast live on KNTU, 88.5 F.M.
1. Consider the minutes of the regular meeting of
September 4, 19791 the special called meeting of September 11,
19791 the regular meeting of September 18, 19791 and the special
i called meeting of September 25, 1979.
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2. Public Hearingst
A. 2-1415. This is the petition of Mr. Robert
Nichols requesting a change in zoning from
Agricultural (A) to Single Family (SF-16)
classification on a 10.45 acre tract located
i immediately south of the intersection of Teasley
Lane and Pennsylvania Street, and beginning i
approximately 710 feet east of the Montecito
Addition.
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j 3. Consider a report by Jim Nash from N.T.S.U. concerning
utility construction in the N.T.S.U. area.
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4. Consider a staff report on the request of Golden
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1 Triangle Mall Company to Improve Loop 288.
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5. Consider a Contract with the Denton Chapter of
E Southwest Football OfE+rials Association for services
of referees.
6. Consider a Contract rith the Denton Soccer Association
for services of officials.
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7. Consider site plan approval for a portion of Planned
Development 17.
8. Consider the request of the Texas Municipal League to
contribute to the defense of the U. S. Steel lawsuit
attacking the constitutionality of the Texas City 80100
and Use Tax hot.
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9. Consider a request for the purchase of emergency radio
equipment for Civil Defense.
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City Council Agenda
October 2, 1979
Page Two
10. Consider a report on the proposal of the Charter
Revision Committee relative to revising the City
Charter.
11. Consider a report op Conflict of interest.
12. Consider a progress report and issues relating to the
Wastewater Treatment Plant. Step III Grant.
13. Consider payment of engineering fees to Freese and
Nichols for Wastewater Treatment Plant design.
14. Consider a report on proposed annexation.
15. Consider setting the October 9, 1979 Study Session
Agenda.
16. Consent Agenda
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the
Staff recommendations. Approval of the Consent Agenda
authorizes the City Manager or his designee to
implement each item in accordance with the Staff
recommendations.
A. Referrals
1. Z-1417. This is the petition of Mr, J. R.
Jones requesting a change of zoning at 2425
Denison Street, from Single Family (SF-7) to
Two Family (2-F) classific%tion on a lot
measuring 65 feet by 150 feet.
2. Z-1418. This is the petition of Mr. Hardy
Burke III and Mr. William Johnson requesting
a change in zoning from Single Family (SP-10)
to Two Family (2-F) classification on Lots 13
and 14.1, Block 4056F, located along the east
side of Bonnie Brae and beginning
approximately 200 feet north of the
intersection of Bonnie 9rae and Crescent
street.
B. Bids and Purchase orders
1. Bid #8683 Aluminum Wire.
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2. Bid 18687 Telescoping Work Platform.
City Council Agenda
October 2# 1979
Page Three
3. Bid #8686 Janitorial Service.
4. Aid #8682 Side Loading Refuse Collection
vehicle.
5. Bid 18677 Transformers.
6. P.O. 139971 to Bailey Meter Control Co.
7. P.O. #40542 to Jagoo Public Co.
8. P.O. #40543 to Claude Smith Excavating.
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9. single Source Purchase for Perkins Diesel
Engine.
I { C. Plats
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1, Consider final subdivision plat of the Motor
Addition.
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k 17. Executive Sesbion '
A. Legal Matters
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a. Real Estate
F C+ Personnel
D. Board Appointments
I.C. Consider Board Appointments
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City Council ='4'1
September 4, 1979
Regular lkatina of the City Council of the City of Denton, Texu Tursday, September
4, 1979 at 7.0 p.m. in the Council Chamber of the Municipal Banding.
PRSSENTi Mayor Nash, ha r Pro Tex Stephens, Members Vela, Stewart and Hasley;
Ci Nwgsr Chris Hartung, Acting City Attorney Burt Solomon and
Acting City Secretary Bill Angelo.
1. Motionwu me& by y Stephens seconded by Hensley that the minutes of Mee 1979;, aand~thee Si ppecialfCal yledtHeating of pus sst 288, 1979Ibbee spiptnoved.!
August 20.21,
2. Council Member Str4rt questioned plat approval. He also said that
Mayor Nash's occupation would came him sane problems with conflict of interest
in the future.
r Council Member Vela at94e3ted that the Council formulate a better policy
` on conflict of interest.
%yor Nash stated that he had asked the City Manager aid the City Attorney
to investigate the legal aspects of conflict of interest so that the Council could
formulate a policy.
7 3. Pi7BLIC HEARINGS:
(A A public hearing was held on 2.1413, the petition of He. John
Stout, requesting annesation aid Agricultural ) s classification on a 1,58
mere tract. The sty is located south of HSghway 3B0 near the intersection
of Highammy 380 and Lane. The tract begins 244 south of lhiversity Drive
along the city limit line end measures 130' x 3001.
The Mayor opened the hearing. No one spoke for or against the petition,
so the hearing was closed.
j ; City Plamar John Lavretta briefed the Council, stating that a church
was to be built on the site. He stateeod that out of all the letters mailed nout, po~I
tionrattthee Plaanninfj an and d Tonnow ing in oopppommissionmeetiinng sand that tthheonPe47 :eommoha sdi-
approval
Mution was made by Vela, seconded by Hensley that the petition be
j approved. Notion carried.
j I ((B) A public hearing was held on the 1919.80 Budget PAquest for i
operating sad Cenerat Revenue Sharing Funds.
City Manager Chris Marring briefed the Council, stating that this f
i particul , budget was designed to maintain present services and that the major
It priority be to target funds for salary increases.
f IM Mayor opened the hearing. s
~ Per Gold, representing the Denton Firefighters Association, asked for
i information oa the proposed pay raises.
{ The City Manager stated that the Staff is presently behind on their
salary recomawAstions, but that would be completed by September 12, 1979.
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J No one also spoke for or ogainst, so the Mayor closed the hearing.
No official action was taken.
i. The Council considered reports from ASVP, SPAN, Visitors Convention
Center, Cultural Confederation and Information sad Referral Servlee regarding
receiving financial contributions from the City.
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presenting RSVP, briefed the Council on her
Canal Aiddlesperger, re
te, reequested0tlat the Council continue financial support to the agency in
t of 13,.
r Roberts Donsbarh, representing SPAN, briefed the Council on she opent- 1
ions of her agency and requested that the Council continue financial support in
9e nowt of S13.100.
? 1(i Septm Der 4, 1979 Continued
Frwik Atkins Center, briafed the Caunodl oUrrll n activitiesro~ their oorgaanQQ organization ssiinCce Convention
1979. requested that the Council continue financial support through the
lkotel-Mote Occupancy Tax.
Yvonne Jenkins, representing the Cultural Cpnfedoration, briefed the
Council on the activities of her organization and requested that the Council
continue financial support through i donation of the Hoto1•Hotel Occupancy Tax,
f Council as the activities off the Organisation ui asked thatthecCouncil continue
nu,port of the organization.
+1 No official action m taken.
I S. The Camil cortildered an appearance by vatious citizens concerning parking problems on the tan square.
Bill Utth, representing the Downtown 7Aerchants Assocition, briefed the
Couxil on the problems the downtown morchanu was experiencing Downs of park-
ing violations. He requested that the City 71na~er Pike steps to eliminate
parking problems on the square and that we strictly to, torts the regutattons. No
also requested that the City begin a regularly schs.tn)ed sweeping program on the
square.
Public Works Director Itick Svehla stated that the square wu adw&led f
to be swept tiles a weak, but the street sweeper has been broken for over a Month.
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The City Manager stated that the existing ordinances concerning a
are being enforced to tie bhst offythe staff's abil ty. He added tthmatnttkkeats afire mfo r
ticket t" yticket tie To help
solve thvri et~orceermttaproblemomwe hew bock iio k an i of
Program. In addition, the Staff is Looking into redrafting of the cking
s axes. Parking ordln• }
j Bud Jennings supported the City Manager in his starowt, claiming that
tires are being ieerked Orr
M tickets are being issued ovary tuo hours. Hwiv*, he
stated that many of the srrehants of the square are being puled our the
ticketing officers.
Mayor Nash assured W. Jennings that the ortinances would be enforced j
{ uniformly and fairly. l
1 Council Hader Stewart suggested that we othoduts a meting between the
city Council and the 1Micipal Caret Judge to discuss the probity.
No official action was taken.
6. The Council considered approving the renegotiated Aeroamith Denton
Contract,
Mayor Nash stated that this item had been considered at a ptwvious
Council mating, and asked if there wen any questions on the contract.
the Airporto~il Maaber Stewart questioned ownership of varioa buildings at
Assistant City Hznogsr King Cole and Dr. Jahn Carrell briefed the Council.
Council !kmber Yola questioned the new :nntract, stating that he would
have to vote against the contract for the followia7 reasonet
fA) it present. lnctae from mowing rnas to City.
(g) At present building Cab, as aho+n m the 1979 Airport Agreement f
beiengs to the City, 1
(C) Page b of the A`reeeesnt should !how the date 2f April, 1P+9. S
instead of lets it blank.
(0) Regarding item "A' of Mort of the now agreement••the on iml
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teei nt between the Airport kard and Aerosmith was for sit
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September 6, 1979 Continued
Frank Atkins and Darrell Noolwire repressntini Visitors Coaveation
Cenur,TTbbr~ery~i.efed the Council on activities ok their ar;aarnditation siren April 1,
Fhotel-Motel std that the Council continue financial support through the
Caney Tax.
Yvorse Jeaki+e, septestinting the Culhael Confderatioa, briefed the
` Comc o f the act its of iur organization and requested that the Co"Al
I[ support thr * 1 donation of the Hotel-Motel Oompemey Tax.
` Council on Atrepresentativ offtth or~o~tion and Referral Servire briKed the
support of the orgaanization. gaahutlan and asked that the Coeucil contirar
{ No official action was taken.
S. The Co=il considered an sppearorm by various citieang conceming
parking problem an the town square.
8111 Keith, representing the Damtown Merchmta Associtioe, brietd the
Concil an the problem the domtom mehmu were experiencing beewle of
park
ing violations. He requested that the City tale steps to elldaate-
Mking problem m the s re and that we strict y enforce the regulatited. He
&Wrequested that the City begin a regulsrly, scheduled sweeping ptogre as the
public Narks Director Aid Swhia stated that the square wit scheduled
to be swept Mce a week, but the street sweeper has been broken for over a ontth.
are b• The City Hanauer staled that the existing otdisrneae cm* enforced to t5e best of the staff's ability. He O
parking
being written, but the proble 1 in the eith. mont of tick dL payment, 7o help
solve the enforceaeut probles wo imve begun wrork on a eoagvter ticwt t"CUM
progroot. In addition, the Staff is look e`ig into redrafting of t!m parking oldia-
&d Jwaings mvpported the City Manager in his statement, c-tainiq 1 rim are being narked a,rd tickets an being issued every two haurg. II ,
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{ ! t~cketi i~ efflanf the setchanu on the square are being passed over by the
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Mayor Nuh assured Mr. Jennings that the ordinmea would be
uuifotniy and fairly. ealoned
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And mmilt%whor Caac ~sted that we schedule a muting beerhh the 6 1
Clay CouncilC
Judge to discuss the probler.
No official action eau taken.
} ~acL. The Coned considered approving the n•negotiated Asromith Dorton g l
Caameil seeming Nuh stated that this item had been costdn,rd at a previoue
Ling. and asked if there were any "tiaw on the contract.
the Airportonail Member Stewart quutioed ownership of various buildings at
Assistant City Manager King Cole and Dr. John Csrrell briefed the Council.
Couuca Member Vela
have to vote squnst the centrottsfarnthe ffallmial ,entracto sutra; that ie rauld
!aasons:
U) .,t present. lneone :xo0 mawinq :a+g a City
(b) At Pp»tvsent building +6, a shown ,n :hr 1979 r' roort Agrookent
Monts to the City.
C) ?age 6 of the A t should -now ;.tie date %i April, 1979.
instead of lotvint it blank.
l0) ?egi ding item "A, m page 7 of he now agreement.-the orijinni
ngremeet between the Airport hoed rmd Aerosmith was for s11
rentals".
September 4, 1979 Coatimted 2 1
(E) forpelI majorfreepairsnew to tthe originaalwcontrract the City was not
responsible.
(F) Item "A" onale 6 of the new contract refers to the City grant-
Inp Aetvsmith the right to engage in any raviation/ai
related" business--and in the original agreement it wu only
aviation related",
(0) The Airport should be for the use of citisots of Denton--not
Aerosmith. This mew that Aerosmith can block any me of the
(H) On page it4of the,neeww contract -apron cosarea designated not suit-
abele tar f the ~ see intended-•in the original agreement the was at its center. and aymetrical with the runway intersection
f (I) citycannot waitvve tth+e rightato proos&cut* if Otis re ealledt..
later.
Dr. Carroll told the Council that this was not A contract being consider.
ad, but smendaents to a contract that was already in force,
Y) Vela stated that he felt that this was a better contract than the 1975
contract, but there were still many problaw.
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the contract be sawided by the addition Mayor Pro Ten Stephens meted that Secttwioonn 15. Quiet Fn oymmt, of
a to be an yednonlof Airport for y by and with the mttual coopeer lion of both ptaarties for thitwe
Motionn was made by Stephens, seconded by Hensley to accept the reeom-
endaticns of the Airport ?hoard and approve the contract Vith the COWtlon tint
a decision be made on the ownership of various buildings before the contract is
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fficially signed. A roil call vo a was sted. On roll call vote Stewart
lone
to f.f, Hensley "aye'r, Vela 'Say', Stephens I sys" and Nash naye". Notion carried 3
7. ORDIMAirES:
' The Following Ordinances were presented:
(A) MDDWn 179.67 (Bob Smith-2.1405)
j I AH MIlNt M ANWIM THE zoww W OF IM Ci7Y „P Dein MM AS SW W
II ADOPTED AS AN APPMIX TO 710 CODE OF O 00MCM OF THE C+ OF W N TEXAS,
BY ORDINANCE NO. 69.10 AND AS SAID IMP APPLIES TO APPROXDKMY 11 ACRES OF LAND
AS SIM 7YGS DATE ON Tie OFFICIAL TAX MAP OF THE CITY OF Dl9fM. MU, AND
PARTICULARLY DESCRIBED MMINi AMJ DECLARING AN EFPELTIVE DATE.
Motion vu mode Vol art, seconded by Hensley that the Ordinance be
sed. On roll call vote lla 40"00 rr , r, „
aye" and Nash ""I. Notion carred; hknsley aY1 ,Stewart aye .Stephens
(E) CADIM43 079.64 (Linda Lavender 2.1407)
AN ORDMOU AMMING THE ZONING MAP CAP Tie CITY OF DeM, TEXAS, AS We 11AS
ADOPTED AS AN APPWrX TO TIe CODE OF CRODMES OF Tle CITY OF DOM, TEXAS
BY ORDIM%2 NO, 69-1, Am AS SAID MAP APPLIES TO NAT 3 BLACK Silo AS SI MN fHIS
DATE ON Tie OFFICIAL TAX Mop OF TYe C17Y CP DFXI% TEAS, AND MAE PARTDCIUMY
DESCRIBED 'MMIN; W DECIARLNO AN EFF&' M DATE.
I Motion was cede by Stephens, seconded by Yels that the Otdlnunes be
j sed. On roll call vote Hensley " " " 11"10 Stephens
:ye" and Nash 'rays". Notion carrird ,Stewart aye , Ye1s
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(C) ORDINANCE 179.65 (Dr. V. W. Redman 1.1406)
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AN ORD[NMCE AMEhmING 77e ZONW MAP OF ME CITY OF DEWCH, TEXAS, AS SW YEAS
ADOPTED AS AN APPROIX TO THE CODE OF ORDDQAfM OF TM CITY OF DDfl971, TEXAS
BY ORDLM WE'N0. 69.1 AhV AS SAM MAP APPLIES TO APPRO MTELY 3,'bd ACRES of ~
LM . AS i&i THIS &411 CN TM OFFICIAL TAX MAP of Tie CITY CP DWON, TEXAS, ~
AND WRE PARTICULAXY OFSCRIBED TI@RFM AND DECLARING AN EFMM DATE. f
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i ] S September 4, 1979 Continued
Motion wu made by Hensley, seconded by Stewart that the Ordinance be
asfed, On roll call vote Vela "ay~", Stewart "aye", Hensley "aye", Stephens
'aye" end Heap ""I. Motion carried.
(D) ORDINAN3 079.66 (NmIcipal Police Dept. -Anlsul Shelter-A-1109)
AN ORDl?*CE AM WD4 THE 2ONDA3 MAP OF THE CITY OF DE" M. TEXAS, AS We MS TO THE CODE OF ORDDWM OF THE Crry OF ADOPTED AS M CH NO. 69.1,( AND AS SAID W APPLIES TO
APPROXA(ATELY 2~i~ACM TEXAS
OF LW
AS SHOW 7H IS DATE ON THE OFFICIAL TAX MWP OF 7% CITY OF DFM'Ctf, TEXAS, AND MORE
j PARTICULARLY MSCRIBM MMIN; AND DECLARDU AN DD'FBCIIVE DATE.
Motion was made b Stmrt, seconded by Hensley that the Ordinance be
fused. on roll all vote Yef "aye", Hensley "aya", Stewart "aye", Stephens
i aye' and Huh "aye'. Motion carried.
(E) ORDDWa 019.67 (Barry Wachal Z-1397)
IE AN ORDIMNCB AMMOING ne 2CND4 MAP OF III CITY OF DFATW TEXAS, AS SAM NAS
BYYOORDDRWa NO 699-.1,1 M ASS SAID W AAPPPUESS TO APPROXNAAMYY 30~ACAi3S ~AL~ND,
AS SHORN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DFNITrT TEXAS, AM
MW PARTICULARLY D6MSED 74MIN; AND DECLARING AN BFFBC[ra GATE.
Motion was rode by Stephens, seceded by Hensley that the Ordinance
be passed. On roll call vote Vale "aye", Stewart "ayd', Hensley "aye ,Stephens
"I and Nash aye . Motion carried.
(F) ORDDWNCE 079.66 (Bob Smith Z-1111) J
AN ORDINMU AM OL40 THE nDG MWP OF Ili CITY OF DMMON, TE A3# AS SAME WAS 1
ADOPTED AS AN APPENDIX TO T12 C'OM OF ORDVWCES OF THE C27Y OF DEMON, TEXAS BY
ORDINANCE NO. 69-1, AND AS SAID MWP APPLIES TO APNOMTELY 6. S AM OF N N6
AS SHOW THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DEMON TEXAS, AID
MORE PARTIWIARLY DESCRIBED )RUIN; AHD MCI.A IM AN URCTIVE &n. i
Motion vu made by Stewart, seconded by Hensley that the Ordinance be
Passed. M roll all vote Vola Faye", Hensley "aye", Stewart "aye", Stephens "aye"
ud Noah aye . Motion carried, t
(G) ORDINANCE 079-69 1
AN OfOM M'H OF THO CITY OF DtM+R1T, TIDIAS, DISMQawc CERTAIN PORTIOYS OF LAND
AS A PART OF 7403 CITY OF D@1ION; AMID OBCLAADIC AN EFFECTIVE 6678.
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Notion was made by Stewart 1bul passel. On roll WS vote "J yi"a Voonldede~ YdH ensleyt o"f,dsine* be
ept~
aYe and Nh ""I. Motion carried,
one week (H) The proposed Ordinance for Tam Jester (2.1393) was postponed for
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(I) ORDINANCE 079-70 (Robert Horn 2-1410)
W ORDINANCE AMDOING ORDLAANCB NO. 76-4 OF THE 201IM3 MAP OF THE CITY OF MRIM,
'HLYA9, AS ADOPTED ON THE 21ST DAY OF PdBMMY A.1, 1978 BY AMOING I:) OF
JRDIHANCE NO. 78-8 TO PMM 100 WITS (IN 3.8 ACRES OF {AND an V LOI '_0 BLOCK
136-B, AND BEIM LOCATED ON M NORTH SIDE OF W04M DRIVE AS %M ON 71P
OFFICIAL TAX MAP OF 'IRE CITY OF DeM, TEXAS; AND MORE k9ICULARLY DESCRIBED
fl3MIN; AND 33CIAADC AN EFFECTIVE DATE.
?evrr Juh +bstalrnd fr+sa voting hecaus• of engineering work,
%tixr 4v% mnde by Hensley, seconded by Stephens that the Ordinance
he Pissed. 14 rnni • II Vote Stewart "naV', Vela "ha~', !Hensley "aye" and Stephens
"ayd'. Motion fi!-i airh 1 voting "aye", 2 voting "nay' and 1 abstaining. (Sea below)
reconsider thetOr anc*. Motiionn carried wwiithbY habstainiconded by Vela to
Mot:~r .s hen made by Stawart, seconded by Vela that the Ordinance
be passed. On r?:1 -a ote Honshey "rya", Vela "aye", Stewart "aye" and Stephens
aye . Motion aurr:r dth ;lash abstaining.
r..,sawpa~%auer. e.,.aW.rw.m a,M+q;ao.-..n,:•.. ..,.,a, ,,i._.. .<,.tw'.,Jre ana-. ,.,:.....:.+w+wr~w,M.,-FS+et■fRR,"wr.. ,.M ,
F1S September 4, 1979 Contimad
Potion was made bf Hansley, seconded by Stewart that the Oniiaanco be
Passed. On roil Call vole Ve a "a '
e' , Stswdet "aye"' Hensley "aye , Stephens
ay and Nash dye , Potion carried.
j (D) ORDINA O 179-66 (Hnitipal Police Dept..Aniadl Sw1Ler-A-1409)
AN ORDQVAO AMMIM THE MM4 MAP OF THE CIn OF DENTCN, TEXAS, AS S" W
BYAMOIIWa NO P@01, AND A
THE S SID WOF Mm OF P APPLLIIBSS T"D APP~I MaMTELY 2. 5 DER" TOW
ACW OF 1AW
AS am THIS PATE CN TM OFFICIAL TAX MAP OF TM CITY CF MM, TEXAS, AND MW
M PARTICULARLY DESCAIBED THEW; AND DBMVjM AN BFFECrM 0ATB.
Potion was made by Steart, seconded by Hensley that the Ordinme be
Fused. on roll call vote Vela it
W', Hensley "aye", Stewart "aye", Stephens
'sys" and Nuh "rye". Potion carried.
(E) ORDINANCE 279.67 (Barry Naclnl 2•(597)
I AN OADINA a AP@DrM TM ZCND O PAP OF T48 CiTy OF DEPrM, TEXAS AS SANG WAS
By ORD U4ANCB ND. 69 1, ANTO THE cOM OF =Dmm ains my D AS SAID NAP APp APPR~IDNA#My 300AACAES' OF Ekm
AS SHMN THIS OATS OR THE CPFICLAL TAX NAP Op 118 CrN OF Dann TEXAS, AND
PORE PARTICULARLY DESCRIBED THEREIN; AND DECWJM AN EFFBCI'IVE &AT8.
Notion was made by Stephens, secasded by Hauley that the Ordinance
be passed. Cn roll call vote Vela "sysr', Stewart "aye", Hensley "aye , St
aye" and Nash sye'. Motion carried. ooms
(F) OMMKNC2 179-63 (Bob Smirk 2-1411)
AN ORDDWO MM DC THE 2XIM NAP OF TM CM OF MM, TEXAS, AS SANG MU
ADCPM AS AN APMIX TO THE COOS Op OROD4AP M OF THE CITY Op W7fl0l4 TEXAS BY
ORDD4*0 NO. 69.1, AND AS SAID MAP APPLIES TO AFPAD)CL~4ATBLY 6.! ACRES, OF LANd,
AS SHMN THIS DATE ON THE OFFICIAL TAX MAp OF THB CM OF DE4•rW TEXAS, AND
PORE PARTICULARLY DESCRIBED THEREII4; AND Ma MUM AN VFWM2 KATE.
Notion was made by Stewart, seconded by Hensley that the Ordinance be
a W NAM 11 On roll call Pbtlonvotecarde viedd. "aye , Hensley "'W, Stewart ""t, Stephan "rye,
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(Oy 0101)4ANL'8 179.69
AN ORDMNM OF THS CITY OF D<'r N, I%W. DISANNElM CMALN PORTIONS OF
LAPD
AS A PART OF TM CITY of UMW; AND DBLTM= AN FFPBCri1'E OATS.
Posed. Oh *1l10 Can li vomaddeSbL ttlSey, sdeorded by Vela tint the Ord. be
'aye" and Nash "aye". Notion Carried ' Vote 'aye , Hensley 'a1w , Stephate
(1Q the
ON reek. proposed Oniinsa;ee for T= Tester (2.1393) w" Notpansd for
(1) ORDDWa 179.10
(Aobere Horn 2.2410)
LY ORDINANCE AMWtNO OR DWM NO, 73.4 OF 1% :ORM NAP OF THE CITY OF DENTCN.
EMs S A M ON N M 21Sr OAY OF FdEAUARY A.D. 1975 by AMMt 0 r:) OF 40- PElL%M 100 (NITS IN 7.3 ACRES OF AND OUT -7P LOT :0, DIACIL
116.3. AND BEING LOCATED a4 THE \ an 3IDg OF ND,D,eXA( DANE, AS 9M ON THE
OFFICIAL t1X NAP OF TN8 CITY OF My=, TWO, AND M PARTICULARLY OESCAIBEO
THERM AND DBCLVDG AN FFFBCTNE lATg. ,
I 4w; ,;,can kbstatrnd frog a'oting beawse of dnglneerLng '..ark.
'•'uiw u mod by Henslav, seconded by StAPhens that the Ordindrie
Se passed. an : lI 1•0te Stewart "nail', Vela 'ady', Hensley'.~r and St
srd . 'orlon at_:. .1ch 2 voting 11ye"', 2 voting " uy' and 1 1bs Phm
4 tUf )Hari
After . r•_ aton, motion.ras mac by:icmley, scolded by VeLs to
reconsider the lotion carried with Nash abstaining.
!ot•..r ~:a aadd by Stet n, seconded by V.Ia that tBe Ordinance
be passed. on " ate Hensley Vol& "lye", Stewrvt "lye" and Stephen!
( n4f . !bti0n :tt" ••-h Ash absta' iq. '
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September e, 1979 Ccntim*d
8. The Council considered the final subdivision plat of the MUM Piave
III.
City Planner John Lavretts briefed the Council.
Mayor Nash abstained from voting because of engineering work.
Motion was %eds by Stewart, seconded by Vela that the final subdivision
plat of the Village, Phase III be approved. Motion carried with Nash abstaining.
9. R65T)L TIONS:
The following Resolution authorising the sale of distribution trans-
formers to NISU was presentld:
AT A RPMM MEETD C OF THE CITY COINWL OF TM CITY OF DfN[tl"T, TEAS F= IN nM
MNICIPAL BUILDING OF SAID CITY ON THE 47H DAY OF SF.PTMR, A.D. 1976.
RESOLUTION
hs-RFJ1S, the City of Denton currently owns the electrical system located at the
Noah Texas State University Campus; and
NTIfRW, the electrical service to North Texas State University is presently
LIJ metered at twenty-six (26) locations; and
+
*MUS, North Texas State University has expressed a desire to purchase the City
Q of Denton 'a electrical power at the primary voltage of 15,200 volts at two separ• s
ate locations; and
1EtW, the City Council of the City of Denton has expressed a willingness to
sell such electrical system; and
I >r MkS, North Tereus State University has offered to purchase the said electrical
i systas for $125,000.00 by issuance of a purchase order for such system; and
he003, the City Council has determined that the sale of subject distribution
system facilities to North Texas State University with the subsequent removal
of 26 individual metering points end the subsequent furnishing of wholesaU
{ electrical poster and energy At two metering points would not impart essential and
}r effective utility service to NM or the repining utility eustosers and further ~
that subject facilities would be considered temporarily surplus if not told to
North Texas State University; and
hHPlthsAS, the Cittyy of Denton Utility Bard has reviewed and reco meended Approval
of such a transfer of the said electrical system; and 6
r ~ c 1
*old. the City Council of the City of Denton, after careful ceraideration of
the suttee believes it to be in the boot interest of the City of Denton and its
j f 3 citizens to sell the said electrical system;
WW, 1I00Ci7E, 9E IT RESOLVED BY THE CITY COUNCIL OF 1101 CITY OF DIN[CN, MAS,
I TW17't ~
! SECTION 1.
The City Council of the City of Denton has hereby agreed to sell Atrclr electrical
system and associated distribution trarstermers and other related facilities as
outlined in Exhibit "A" attached herewith cad malt a art of this Resolution to
North Texas State University for the total sus of $125,000.00; provided, however,
that such sale shall be in full accordance to the following ciranntances;
h (a) The transfer of title and omership for individual or groups of
distribution transformers And/or facilities shall remain w±rh the City of Denton
until such time as amp such distribution transformer and associated facility is
completely de•energited for the purpose of permittin 'larth rexu State University
to convert their primary power circuit to such distribution transformer, at which
€ tine ownership, control and maintenance rtsponsibility of such distribution trans-
former and associated facility shall transfer sutommtically to North Texas State
University.
1 '
E
s
elm M
September 4, 1979 Continued
trmaferrek North Teem disributi transformer and full payment eftoithee City so of
Denton of the value of such distribution transformer and associated facility,
(e) Ths meeting for each distributions transformer shall continue on
an individual transformer basis until transfer of control and ownership of all
distribution transformers Is a ciplete at which time metering shall be aeceslplished
through two master asters, or until the ownership of a group of transformers can
be transferred so that such electrical power to such transformers can be muster
metered.
associated facility to wry transfer of owwrah! of any distribution trsnsfo
or u rner
rth s
enter into a written agr~tlwithrthee City of oato such
agreement the aforementioned terms and oonditioru.
SECTION 11.
i
The Mayor of the City of Denton, Texas, is hereby authorized r1d directed to
execute on behalf of the City of Denton and necessary agreements or other legal
documents to effectuate this We.
PASSED AND APPROVED this the 4th day of Septembers A. D. 1979,
h/
Cm OF DPI", TEN
ATrWi
6K5 RDET, MY 5ECUM
CITY OF DENIYN, TM AS
f L I APPROVED AS TO LrAL POW:
L ~ i s s
CM OF min, TWS
Motion was side Vela, seconded by hensley that thw M,olution be
l passed. On roll call vote Stewart "gw", Henley 'lays', Vela "sys", Stephens
"aye" and Nash "pro". Mlotion carried.
10. The Council cohaidersd the disposition of property at tha intersection
of 9e11 Averts and Sycmra Street.
Council Mesber Vela stated that 1a placed this :;em on the agenda due
to his eoaeem over peeding legal action relating to the developability of the
~~before w h He an attoarney tooFiaul ~ the de on ~ 2apabill*y of its property
` Motion was made by Vela that by virtu of the need for curb cuts that
sere that the lot is not independently developable. Motion died for lack of
Motion was than made by Vela to declare the lot developable. Notion J
gad for lack of a second, it
Satin` that it wu foolish to take legal action wittdut a decision
an the value of the property, motion was made by Vets, not Ica spend any money for
attorneys to recover the property. Motion died for lack el a socond.
I
11, the Council received a report and considered further setien in the
annexation of approximately 1500 acres extending from the present City limits
to 400' myth of the tester line along the entire length of the proposed north
Loop al.
City Planner John Lavretta briefed the Council, stating that the City
foes have the legal capacity to vrax this large mwmt of p sty, and eon
Rrovide VA services. However, he stated that we do not I:naw if the people want
t. lavretts stated that the Staff supports the use of the City's annexation
powers to eliminate strip develapnent and maintain development control, but the
Graff does not feel that it is necessary to annex the property at this tLae strtcc: rot
development control, becauna ttrra ,re other methods sf usuriat that control.
I
September 1979 Continued
(b) After ay distribution trerufotmer and associated facility is so
traufe ,North Texas State Ihivermi•y shall make full payment to the City of
Denton of the value of such distribution transformer aM associated facility.
(c 7M meeting for each distribution transformer shall contiaw an
-r + an irdiv transformer basis until transfer of control uA cxearship of all
distribution trauformers is complete at which time catering shall be sc iplished
thro* two
rtid ter t mot i~ or t until the mwnUp of a oup of trwtonen can
b. ti~metered.ans pones to ouch transformers cunt be outer
(d) Prior to sots transfer of wwrship of sots dL,tribution trsnufaaaar
r or associated facility appropriate officials of North Terns State W"rsity shall
i v enter into a written agreement with VA City oi' Denton incorpontiq into such
i ayresemt the aforementioned terns and caaditicnu.
=ION 11.
i
4 The of the City of Denton, Taxes, is hereby authorised and directed to
execute on behalf of the City of Deacon ud necessary agreements or other legal
doaamts to effectuate this sole.
PASSED AND APPWM this the nth day of September, A. D. 1979.
CITY OF M MCN, TMM
ATTEST;
aWK3 5WEUM
CITY of MM 'ON, TEXAS
APPRM AS To LWAL Pte:
E s
! CITY OF DE M, TUAS
~ Notion was mode by Vela, seconded by Ruply that theme l5son, be
i passed. Oa roll call vote Stewart " " ey It"% Villa " 1
aye sad Ash ""I. Notion carried. r
10. Av77 a u d L U considered the disposition of property at the Qrtersectim
eramore Street. i
his concern der Villa stated that he placed this item an the agenda due
pwrding 1e;t1 action relstiog to Dili thtyi ope Property
trroMrty. He stated that we mNnould decide an the decal
bbeeffore we hire an attarny to recover the p.-operty, ;
Motion was made by Vola that by virtue of the need for aA cuts thLt
w declare that the lot is not independently developable, Motion di tot lack at
a second.
Notion was then We by Vets to declare dJw lot developable. Motion
sled for Isa of a second.
1 Sts" that it was foolish to take legal action without s lactsicn
/ an the value of the property, motion was made by Vale not to spend any money for
Attorneys to recover the property. 43tion died for tick of a AW&W.
Ll. The Conncil reuivod a report and considered krther actictr on CA
amention of apptvx1maeely 1500 acres extending from tto present City limits
to 000' earth of tlu center line along the entire Ien¢N of the proposed north
Loop 281.
City Planner John Lavtetts briefild ma Council, stating that the city
Joel have the legal capacity to mum this large amount of proppeerty, and can
1 provide the services. However, 'w it" that 'w do rot know it eha people w"_
1t it. Lavretts stated that the Suit supports the use of the City's wrexation
,04n to eliminate strip develceunt and naintain Sntlopoent control, but the
> Staff Jaen not feel that it is tec2sim to annex tho ptoperty at this time stn :Dr
4Volopaent mntroi, because t?zre re ether method! 4 issurrA :hat Csnt"I.
+
j
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,rya,,,,.... _ .
September 1979 Continued S rjl
He then briefed the Council on the proper annexation procedures. 1
Council Member Stewart commended John Lavretts for his efficient work
and research. ~j
Notion was made by Stewart, seconded by Vela to instruct the Staff to
proceed w!th annexation proceedings. A roll all vote was asked for. On roll
all vote Hensley "aye", Vela "aye', Stewart "sye", Stephens "aye' and Nash "nay",
Notion carried 1 to 1. J
Mayor Nash stated that annexation of this property could present a 11
I problem of duel certificates for electric utility services with the Denton County
i Electric Coop and the City of Denton.
Floyd MrDmtiel, representing the Northeast Denton Homeowners Association,.
voiced his support of the annexation.
i 12. The Council considered a request froa Jess Coffey regarding water and
{ sewer service on North Sherman Drive,
This item was tabled at it previous meeting.
Notion was made by Nash, seconded by Steuart to bring this Item off the
CJ table. Notion carried.
Q Ne r Nash briefed the Council and asked Mr. Coffey what he was plamning
to do with the property.
Jess Coffey stated that he planned to develop it Vith Single family
units, apartments and duplexes and that he did not intend to build 200 acres of
j apartments.
s
City Mantr Chris Hartung stated that this item represents two separate
issues. The first iiss land use, which is really not the question in this case and
the second is water and Bawer service. According to Public Utilities Commission
regulations, Certificates of Necessity must be provided. As long as this is date,
Ilj the City is obligated to provide water' and sewer service.
Mayor Nash asked the Staff if we have coNer methods of control over the
development of this property.
City Planter John Lavretta stated that we do have the right to review
any plat in our extraterritorial jurisdiction.
Mayor Nash asked if we exad Buffer any legal ramifications if we
refuse to provide water and sewer sarvies,
ctinta City Attorney services. Solomans stated that we would be liable if we
refuse to provide the Notion was mode by Nash, seconded by Healey to approve the request of
Jess Coffey regarding water and sewer m"ce at North Sherman Drive. A roil call
vote was asked for. On roll call vote Stewart "aye', Hensley "aye", Vela "nay"
i Stephens "WI and Nash 'b a". Notion carried. '
13, The Cwmil considered the final plat of the Golden Triangle Industrial
Park-Phase lit.
Director of Public WAS Rick Svehle briefed the Council on the paveateht
question his involved this plat, He stated that he had reviewed the present policy
ad in opinion the developer should be assessed for paving of Heyhill Road.
Mayor Nash stated that the policy is wrong as it applies in this
instance. He stated that it would be better to pave all of Miyhill Mad it a
town date that to do half now and half later.
Council %aber Vela questioned the necessity of the paving.
Rick Svehla stated that In his a inion tM
a necessity. P repaving of Nayhill Road is
,
H
i
c. September s, 1979 Continued
Frank Martino requested that the Council a rove the plat and that he
bond to insure the 1 Road ~ of Maybill Aced udll the legal question
would Bred on ' whether Maro Mr.
is a 14 Maw amended his offer,hstating that he owh ad d put or p cah in teed. rt massh in escrow IA
lieu of
Motion was eerie by Nash, seconded by Ste.rart to approve the plat and
accept cash in escrow for paving of Mayhill Road. Motion carried.
lt. The Council considered plans and specifications for Airport Impromeents
and authorising the Staff to go out for bids.
Assistant City Manager King Cole briefed the Council on Ne FAA grant
and Certificates of Obligation. He stated that wa are under some very strict
time constraints and the project needed to be under contract by October 1.
E Carroll Finkle& of Shrink, Jacobs 6 Finklea, answered questions of the
Cavan regarding pavement of the north-south rr y, lie stated that FAA had
reviewed :Carding and specifications and approved them.
Motion use made by Vela, seceded by Stewart to approve the plans and
ifications for Airport Imprvmmts rid authorize the Staff to go out for
bids. Motion carried.
15. The Council cauidered plans and specifications for the now Fin Station
and authorising the Staff to go at for bids.
Assistant City Mshager King Cole briefed the Council and requested that
t the Cancll approve the plans and specifications.
Motion was made by Stewart seceded by Stephens that the plans and
specifications for the new kin Station be approved and authorized the Staff to
go out for bids. Motion carried.
Ia. The Council considered the following Resolution iving notice of intenR-
ion to issue City of Denton, Teruo Certificates of Obligation for a central Fire
Station:
RESOWTtON AL?jMU2= PUBLICATION OF NOTICE OF
hNTENTION TO ISSW CERTIFICATES OF OBLIGATION
OF ili8 CITY OF DWrW TEXAS, FOR A QM U FM SIATIZ
THE STATIi OF TWS Op Own
CCII7 SOP DO
*131W, it is deemed r>ecessary and advisable that Notice of Intention to Issue
Certificates of Obligation be given as hereinafter provided.
iTBREM, BE IT RE901.V90 Bl THE CITY OOlKIL OF TIM CITY OF IElltT14:
i
I SECTION 1. that attached hereto is a fora cf "NOTICE OF LYIFMION TO ISSUE
CMtI'IFICATES OF OBLIGATION OF W CITY OF DIM111 TEXAS, FOR A QVINAL FIRE
i SGTION', the fora and substance of which are hereby adopted and approved.
WION 2. That the City Secretary shall :wee said Notice, in substantially
the form attached hereto to be published once a week for two consecutive weeks
In a newspaper of genera circulation In the City, the data of the first
Qubliation to be at least fourteen (14 dsys ytfor to the data tentatively set
for the passage of the Ordinance au-tu2ing the issuance of such Certificates
of Obligation
ilotlon ws made by vela, seconded by !ieasley that the Retolutton ':e
?asstd. On roll all sbte Stewart 111gd', Nansloy "aye", Vela "ayd', '%VN-ru
" sye" and ?lash --ye", Witten earT!ed.
Ill. The considered dA following Resolution notire >r !stent-
ion to issue of Denton, Texas Certifiatas of Obligation for Air.,!rt ircrive-
Mentz:
i
c,5q Septenber 1979 Continued
Frank Martino requested that the Council apprm the plat and that he
would put up a bond to irtnure the paving of MryhlllROM until the legal question
is answered or whether Meyhill „oad is an improved or tniaproved road. Mr.
Martino amended his offer. stating that he would put up cash tv escrow in Lieu of
a bond.
Motion was made by no, seconded by Stewart to approve the plat end
accept cash in escrow for paying of Mayhill Road. Notion carried.
end authoritThing tounc he 5taygf do goo out for bispacifica:ions ibr.lirport impravewnta
and certi icicatesof OObbliaan. Mated bthhaat wee the
un~derisow ~yF strict ietat
f time constraints and the project needed to be Ceder contract by October 1. J
Carroll Finklea of Shiaek, Jacobs 1 Finklea, answered qustiaa of the
CQuxR
~lass sOuth reviewed the p a nd~sp.dfica attio and app ~Nm~ stated that FM had
Motion was made by Vela, seconded by Stewart to approve the plans and
specifications for Airport mroments and authori2e the staff to go out for
ilia. Motion carried.
15. 7ha Council Considered opla s atnd sspeciHutiom for the now pin station
and authoril the Staff to
Assistant City Mahagar Ling Cole briefed the Council and requsatW that
the Council approve the plans and Specifications.
epeeifiatii nave At maide piro~t seconded by Stephom that the plans and
~ans
1 go out for bids. lotion carried. approved and °1tW the Staff to
ion to iftm City of Denton, TwW CCertificaatespof 1 liigationnfor natica of intent.
a Central M7
Station:
MWIA7:IW AUIfi1RIZIW F{ALICATION OF NOTICE CP
OF TN8 CI DFMC N~ I L F7IM =TIM pat
Tip SLITH OF TWS j
I COM OF D91M r
CITY OF DfMIt7i I
*VMS it is deemed necessary and advisable that Notlc, of Intention to Isar
Certificates of Obligation be given as hereinafter provided,
TiBREm, IS IT RMUED BY Tm my aXMIL OF M MY OF D@!Rli:
SBCRON 1. That attached hereto is a lone of "NM(M op WI}ARION To ISSM
? CWHIt:MS OF OBLIOA17CN OP IM CITY OF MM, TBRAS, FOR A C&IMAL pm
STATION", t<e :m and eubstanna of which are hereby adopted and apptowd.
iECIICN 2. That the City Secretary shall :sue mid Notice, in substantially
' the (0110 +tts:hed hereto to be published xxe a week for na caaeeuciw weeks
:n a ne4sp0per of general circulation in the City, the date of the Urst
pLIblication to be at lout fourteen (11) days for to the date to ut:vely set
for the pussq* of the Ordiratree authorising the iseumee of such 0,prtifiatos
+p of ObligationA
'canon .ms -sde by treL. nacorded by:iensley that Ire r",sti•.tc- ':a
;used. Oh enI mI,, 'Ota $t2srt `•lWNenmley "lye's, t•e is "eye !1, U
'rye" and Amn 'tve'. 'btion carr!*d.
1". The % cmil eo sidered VA following Resolution • tfo note r o.tont.
ice to issue :lr; :r :anton, Texas :,irtifieltis of Obligation for Airy -t~.:t vs-
Vents.
1
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I ,
September 4, 1979 Continued ? 5 3
RESOLUTION AU111OR2UNC PUBLICATICN OF NOTICE OF
nmNTION TO ISSUE CERTIFICATES OF OBLIGATION
OF THE CITY OF DWM. TEXAS, FOR AIRPORt IMPAdVPh4:74S
THE STATE OF TEXAS
Muff OF Def"
CITY OF DEMON I
1[ttR.'SKP!^:."*!:"!'+3y and advisable that Notice of Intenti-m to Issue
Certificates of Obligation be given as hereinafter provided.
TH REPORE, BE IT RPSOLVW BY THE CITY COUNCIL OF THE CITY OF DENT ON:
SECTION 1. That attached hereto is a form of "NOTICE OF INIEMCN TO ISSUE
CERTIFICATES OF OBLIGkTION OF TIM CITY OF DENTON, TEXAS, FOR AIRPORT INPRNTMO S's
the form and substance of which e~* hereby adopted and epprowd.
1 SECTION 2. That the City Secretary sha.li cause said NOTICE, in substantially the
form attached hereto, to be published once a week for two consecutive weeks in a
newspaper of general circulation in the City the date of the first publication
to b at last fourteen (24) dayyss prior co t~ne date tentatively set for the
gsssage of the Ordlrrnce authorizing the issuance of such Certificates of
ligatlon.
W Motion was made by Stewart, secomied by Vela that the Resolution be
Q passed. On roll call vote Hensley ""I, Vol$ "tye", Stewart "aye", Stephens
Q 'aye" and Nash "ayd'. Motion carried.
j 18. The Council considered bid 18665 for the Old Post Office Building.
City Planner John l.avretts briefed the Council. He recommended that
we reject the bids and keep the building because the building is of more value to
us than $80,000, and that the intended use of the building would not be a stimulant'
~ to dantan dmlopmeent. i
{ Notion was We by Vale seconded by Stewart to reject the bids and keep
f the building for future use. Notion carried 3 to 2. s
j 19. The Council considered authorising Freese 4 Nichols to begin en;inwirny j
for liquid slid and sodlut hydroxide facilities at the Water Treatment Plant.
Utilities Director Bob Nelson briefed the Council.
I
Motion was cadet by Yale seconded by Hensley to authorise Freese 4
iI Nichols to begin engineering for liquid alum and sodium hydroxide facilities at
the !ester Treatment Plant. Nation carried.
20. The Council considered payment to Freese 4 Nichols for work done eft the
proposed landfill sites.
Public Works Director Rids Svehla briefed the Council.
I Motion was made by Stewart, seconded by Hensley that payamt in the
amount of S3,718,52 be approved to Freese 4 Nichols for work done an the proposed
landfill sites. Motion carried. ;
21, The Council owidered authorizing the City Manager to execute an agree- f
went with IAN Inc. to perform a financial feasibility study of the Aubrey 1
N Reservoir, Thls project will be jointly fundod by the City of Dmuton and the
City of Dallas.
City Naeager Chris Hartung briefed the Council stating that the City
of Dallas would pay 711 and Denton would assume :61 of UA cost.
Notion was mode by Stephens, seconded by Hensley to authorize the City
Manager to execute in agreement with L*V, Inc. to perform a financial feasibility
stet/ of the Aubrey Aeservoir. Notion carried. t
12. Ctntideration of a report on the recently organized Texas Public Power
Association was postponed for one week.
i
a
K
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2111 September 4, 15 : Contimnd
23. The September it, 1979 Study Session Agenda was set.
24. OCHM AMM:
Notion was mode by Stewart, seconded by Yela that the following Consent
Agenda be approved. Notion tarried.
I
(A) HhD6/rLxR%M CRWS:
(1) Sid 18675, truck and hole digger, awarded as follows:
Ites 1, truck cab and rJassis to 8sm:er Chevrolet in the
amount of 118,933.22, FOS Denton.
I Item 2, hale digger to Dunham NmufACturing in the cant
I of 155,499.32 plus 14 000.00 for an optional 10,000 pound
front masted winch, ki Denton. +
1 (8) Purchase Order 140281 for the purchase of a sense pulp was s
111 approved to Southern Engine and Pump Company in the amount of 14,189.00. l
1
2$. The Council recessed into Executive Session at 12:10 a.m. to discuss
legal matters, real estate, personnel and board appointments.
26. The Council reconvened into Public Session at 1:34 a.m. to wow" the
fallowing board appointmnts:
i
Flow Mmorial Hospital Hord
I Dr. Alex Finley a
E. A. Wyatt
Notion Val Made by Hensley, seconded by Stewart that the above board
Appointments be approved. lotion carried.
Meeting adjourned at 1:45 a.m.
i
MAMR
#fk
e a e
I
ape
i
s September 4, 1979 Contimed
23. The September U. 1979 Study Sesslos Agenda was Set.
24. 02MM AGDMA:
Notion was made by Stewart, seconded by Vela that the following consent
Agenda be "roved. Motion carried.
(A) SMSIRhPUUM QUM:
(1) Bid e867S, truck and hole digger, awarded as follow: ~
Item 1, truck nb and chassis to Boma Chevrolet Lt the
secant of $1d8i,9533.22, FM Denton.
pies to Dxhmm f Menufacta-bg iu the amount
ItaaSS,hole 31 95
of =
optional 10,000 pound
front wanted winch, ICS Denton. i
(BPurclase Order 140281 for the purchase of a sewage pump was
approved to SoutIvern Engine and pulp Company In the moat of $4,169.00.
I
25. The Council tee ised into Ltwitivm Session at 12:10 a.m. to discuss
legal matters, real estate, personnel and board appointments.
26. The Council reconvened into Public Session at 1n34 a.m. to eanounce the
following board appointaatts.,
' Plow Mmmorial Hospital Board
Dr. Alan Pialay
i B. A. Wyatt
Motion was made py Healey, seceded by Stewart that tia above board
APPoinements be Wm"d. option carried. 1
{ Meeting adjourned at 1:4S a.m.
1
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6
{
1
i
City Carcil
September 11, 1979
Special CA lled Meeting of the City Council of the City of Denton, Texas, Tuesday,
Septembe11, 1979 at 7:00 P.M. !n the Council Chamber of the Municipal Building.
PRESENT: Mayor Nash, Mayor Pro Tam Stephens, Members Vale, Stewart sod Hensley;
City Manager Chris Hartung, Acting City Attorney Beat Solamoas and City 4
Secretary Brooks Holt.
1. The Council considered a p sal by Dr. Charldean Newell CA Dr. James
Glass to provide consulting services free of charge to the City on the "Denton
8010 project.
Dr. Glass advised that the progtaa would assist the City and give students '
experience. Goal setting will be the prLnary goal, and he said they hoped to
complete work in add November.
Mayor Pro Tam .fitphens ••A Steering Committee will be appointed, and a
Program in the Ccaaaatity Budding will be open to all citizens to discuss coals.
motion was made by Stephens, seconded by Nash to accept the cmmdttng
co services proposed by Drs. Newell and Glass. Motion carried.
q t. The Council considered the disposition of City/County jointly funded
Ui projects.
Q Assistant City Manager King Cole briefed the Council as follows.,
Q
(A) The County is cutting Library ArAing to $34,847.50. This is
a cut of appraainte y $99,000.
(B) The above cut will require different policies for the Library,
(1) The City's contract with the County for furling of the
Library may have boar, broken by the County's failure to
give 6 moths notice of intent to terminate.
(1) The Cam "a SS6,9e3.06 to the City of Denton for the
current fiscal year for their share to Daily Fowler
Library.
j (3) in order for Emily Fowler Library to remain a member of
the Texas State Library System there are certain require-
ments for adequate furling.
f
i (4) tf the City of Dentar receives any funds from the Carty '
for support of the Library, full service ant be given to
j County residents.
Cole asked for direction from the Council,
j Librarian Joells Orr-- Some city libraries charge Carty residents a fee
for take out material.
Council Neither Vela--Would the library function wetl as a City Library?
Motion was merle by Nash, seconded by Hensley to reiact the $1S,000 chuck
from the County for the Liorary, transfer approximately $8S, b00 proposed for Flow
Hospital to the Library to make up the reduction In Coma ds for the Library
and ado a carried Sato 2 eYThe Cfoarell cancurrred to placemte cib funove mmaatter onntthe
emerg,ncy agenda next Tuesday, September 18, 1979.
3. The Council considered the regtust of Nadu B. Owen for water service
Outside ft City Tiudts.
After a briefing by Utilitles Director Bob Nelson, stati-Ii that the
Utilleloa Board had approved the request, motion via made by Stewart, seceded
by Vela to approve the roquest of Wade B. Owen, but Hr. Owen is to bear all costs
Ear tha line extension. +Mtion carried.
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f
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I
}i September 11, 1979 Continued
4. The Covctl considered It report on the 1979.80 Capital Improvernets plan.
City Planner Join Lavretta reviewed the 1979.80 Capital Inprovosents plan and
the on the 1r0coasnonded (e ncK t ehroough 1983-84. [avretta requested a public hearing
Notion was made by Stewart, seconded by Stephens to hold a public hear-
ing next Tuesday. September 18 an Capital Improvm*nts. Motion carried.
1 1 the Council considered a report on the updated fire
~p hydrant system.
Utilities Dirorr give addit o t~Analair~folrnutiothe Cowcil and requested that the
re ecto
Utilities Director Bob Nelson and Adainlstrative Assistant Bob Florini
both spoke. Ficrini showed several maps relative to fire hydrants in the City
and the area served by each hydrant. He added that SOO feet radius tittles were
# + Pdro eta ou in Sim fire ra ~t on the mops to demonstrate the adoq(WY of fire
throughout the city.
No action was necessary.
8• The Council considered a report on the recently organited Texas Public
Power Association.
City Manager Chris Hartung briefed the Council, stating that historically
the muticlpa1 electric stems in Texan have not had to cavern theawlves eaten,
ai»ly xith legislative issues since electric systems and especially sanieipal
Cf ertnnot under state regulations. Under the Hone Rule concept and with
provisions the citizens of each city could handle their regulatory
problems within the city Dun'i~ the last two legislative sessions however,
many legislative bills hays been introduced that severely affect mondeipal
electric "a".
Utilities Director Bob Nelson advised that a Certificate of incorporation
j
was filed in JU116 by the Texas Public Power Association. Dues will ran $$,000
to $6,500 per year. j
Notion was made by Vela seconded
by Hensley to }ofn the Texas public
Power Association. Notion carried,
7. The Council considered tSy
on the southern portion of Lot d Block I17an ordirwaxe, .2 and conta~ t
/B .9
feet of land from Agricultural District to Light industry Distpp trict.
The fallowir4 Ordinancs was presented!
I ORDIlWO 179-71
(Tam Jester 2.1591)
AN CRDlNANC2 AMMIHC THE ICif M NNAP op TM CITY OP D6WO TEXAS, AS SANG WAS
ADOPTED AS AN APMIX TO TM COOS OF 00iIJANt•B4 OF ZHg CITY OF DOM, TWS BY
OR
DINAM2 NO. 69.1, AND AS SAID NAP APPLIES TO APPRCXIM MY 2.1 ACRES OP 5a,
MM Oft
AND MRS PAMEAny DDES 110 IIMD( MD DWIARO CITY DOM,
WT.
Motion was We by Stewart, seceded by NHanslay that the Ordinance be
passed. Qn ro11 call Vote YYala'raye^, Hensley rrr,, Stewart Stephen!
aya and Nosh aye . Notion carried.
8. The Council considered a staff report on eamanity planning efforts.
City Planner John Lavretta pave -he following:
i
Zraround of is of the planning efforts.
MD Coordination currently p sed nairr,rhood study.
with ton 11.
Suggested joint meet~ingswedith the P18 s Connittni
arming and Zoning Comsissidn.
meeting. The Council concurred to bring back the matter at the September 25
.
I
I
?Fli dePtamber 11, 1979 Continued
4. The Council considered a report on the 1919.80 Capital I praneoats Plan.
and the City Planner Jahn Lavretts nwiewed the 1979-go Capital IgnWMMts plan
on the 1979.8 PrrJ~ , 0h 1983.84. 4natta requested a public hearing ifts
StffdL" ing next Tare day, Septe~iber 18 an E;iW IsprovvsSen~Notion lcarried. ham- I
S. The Council ccmidered ■
report on the updated fire hydrant Santee.
Utilities C
Drector ity MaN;ve Chris H rwl briefed the Council and requested that the
tin. 1
both Utilities Director Bob Nelson and Adainistrative Assistant Bob Piorinl
and spoke. M~ showd several relative to fire hydrants In the City
the drum around by each hydtan.. Fte added that 500 feet radius circles Were
1 d ace ti
in given ow-h ffirek*r t on the maps to daanstrate tho adequacy of fire
throughout the City.
No action was necessary.
6. The Cote it considered a report an the recently orgaized Texan Public
Pawer Association.
City Manager Chris Hartung briefed the Cauocil, stating that historically
the articTi l electric rY me is Tetra have not had to concern thanelva "tat.
sivaly with legislative issues Siam electric systems and especially
s}styt ~rtrnot under state regulations. UxWr the Ftaae Rule eatcept and with
CityS~ tm provisions the citizens of each city could handle their regulatory
many legieiattve hills lave been des last two legislative Sessiaw however,
electric systems. that severely affect aen~dpal
Utilities Director Bob Nelson advised that a Certificate of Incorporation
jj ttoo S6 50000 peryear the Texas Public Power Association. Dula will s f5,000
I Notion was made by Volt. secwded by Hawley to join the Texas Public
Pow Association. Notion carried. tl~w an 7. The Coumil on the southern f portion ofiiot 8 ~ock I97.1 ordinance ftlading the W containing aPPr atonely
488.9
Agricultural District to Light Industrial MetriGt.
The following Ordinance was presented:
ORDI7AN0 579.71 (Ton Jester Z-1393) I
AN OADD AMM AMWDLO THE 2WW MAP OF ME CITY OF DENDai
ADOPIFD AS AN A; Ix TO IM CODE OF CAD ~ M THE CITY D AS SATE
I ORDINAHfB Nlo. 69.11 AND AS SAID NAP APPLt OF l ORES, F D BY
APPPfl7I11MTOF t.B ACRES OF Blew
I ~aI I~SS, AS St1GMf 7HI5 617E ON 7M OFFICIAL 'Wf MM OF Ai CITY OF LffitlClf,
AND NttAE PARTICULARLY DESCRIBED 12RE1NI AND DBCIARM AN BFPECPINE ia.
Notion was oedl by Stewmrtj Seconded final that the Ordinance be
, i
and NaaAll aulI vote Yates aye , Hawley by ayd', Setrart "sye'f, Stepho w
yr . Motion Carr ed.
8. The Council considered a staff
report on eoie•latity planning efforts.
City Planner John :dr'tetta Sow he following: rrently `C; t =so of -he planniq offorts.
on with p sedcton rl's" hood stud .
(D) Suggested joint meeting with the Planning acoor.
nd Zoning Caxmusion.
Me Council concurred to bring back the matter at the September .3
meeting.
i
i
i
September 11, 1979 Continued 257
9. The Council considered the amended Airport Contract with Aerosmith
Denton Corporation.
D-. John Carrell, Airport Board Member, pointed out three additims 1
to the contract.
The matter of ownership of the buildings In the contract was questioned. j
K4 r Nash-='Let's get the contract decided." He suggested that the f
matter be tabled.
Notion was made by Muh, seconded by Stewart to table the matter until
the next meeting. Motion carried.
10. The Council recessed into Executive Session at 10:45 p.m. to discuss
legal matters, real estate, personnel and bard appointments.
1 11. The Council reconvened into public Session at 12:20 a.m. to announce
that no official action was to be taken.
Meeting adjouaned at 12:30 a.m. September 17, 1979.
(y) i
d'
MAYOR
I
d
I
i
~ ill
I
i
f
a
kip_
_..._w..~......_..._._
Cittyy Caacfl
SePt~ber 18, 1979
Regul
or Meeting of the pion Cin the ouilCthie City of DentonTexas, Tuesday $ept.
aenwt,er 2a, at the
1979
umber of the~Muiicipal gull
PRESFN1 ,Mayor Nash, Mayor Pro rem Stephens, Members Stewart, Vela and Hensley;
SecrretarryygBrrooks Malt, °'g, Acting City Attorney Burt Solonctu aid City
PUBLIC HEARINGS:
(A) The Council considered approval of the Capital Improvement Plan,
The City Manager briefed the Council,
The Mayor opened the public hearing.
No one spoke, so the public hearing was closed.
Improvement Plan Nowas tion dcarrrriedla' seconded by Hensley to approve the Capital
2. The Council considered the
sell snoweonea from it truck on City strreeetst of Gary Starkey regarding a permit to
Of Mr. Stuckey MNotion~carrrried~ley, recorded by Stephens to approve the request 1
S• The Council considered the mutter of parking B£11 Keith on the downtown square.
motorists Who park overtire merchant, was concerned about the lack of ticketing
Acting City Attorney B
added that eat Solamons advised that t1W Ci
/ un increased orcaknt and his werkinQ
the City hopes to have albeettter system to be eoeputerlted. Fie
ten soon.
a• The Council considered a request by Dawes ampm rep
Momon's Services Project of the Denton Area Crisis Center.'
resenting the
battered s n 0q yaed two sdtm tyre of.ths *mmis Services ProAct for {
equated AM$ for the
project from the
City.
She was referred to the Mwn Resources Advisory Covalttee.
S. The Council considered a rem
for an Electric Power Supply Study. atmnerdation by the public Utilities Board
I' Jim Nash of the 'ts said
t stalled by Gilbert and Asaoeiltes s powae aiternatiwa ware
5y ty evera£ of there alternatives
eliminated I
rd that Men
E t whetl~iert ~ieItern` i leg js~ Ott tlu tttllftfes Bard canc6rnad "aa
{
was Mere not
eked for»s setgstad and that legal tylmdfiu I that
bet
approwl to consider
and Associates to f inish
the st
possible studies Cflbert
yas se udy,
Utilities cob aside Con
r" 64 bsjl No
oonel,e . Dlmtor Nelson advised -
that the
ons
Motion was trade by Mmul ty
as power supply stud consultants. ' seconded by Nash to hire hei no ion after Associates
Council Manner Stewart saiihwuld Hlite to=ieeNsoft prgms& their r notion afar
B ~ I
oth Stewart Propolals,
wroultane and Vela expreosed a desire to obtain proposals from other I
of the Utl1otion writ ds by Votes seconded by Stewart to accept the nee
suggested by the City Manager. Motion carried tact consulting firms by ~lq as
! 1~
Rsconmendatfon~ Utilities kanii
The stud" should specifically investigate the followint 11ternativesn
(A) Continued expansion of ftll
Y Ywfled peroration facilities by '
r
i
I
I
Septanber 18, 1979 Continued
repaerL~g existing two 60 W slits with gas turbines in 1963
ant a new combined oycle unit on fuel oil In 1986.
(B) purch►te share in major planned units o
Companies, Of other Taus Utility
(CJ and Pla -ad. Teas cipel Power Agency as presently executed
(D) Sale of existing facilities and assets to an Investor-owned utility,
(E) purdme power fraa members of the Texas Interconnected System;
(F) Other a stte~tetc.
ives such as Solat', Flydroelectric, Wind, Sio-lkss,
Prime candid Additionally, Gilbert genarsmenu t C
for such s , Insofar Cnsaltants s1"Id be considered a
that other consulting flans should also be considen~j, i
at the last study, but
6• The Council considered an all
relative to the Public Utilities Boara~ a by representatives of "Denton care
supply Study, am'endatlon for an Electric Power
The Representative said that "Denton Cares":
(A) lyt'tsshe Public Utilities Board's re^,
_1 msnendatio r for a power
Q (B) Is interested in Alternative ene
r d
sol sours
u. es such as wind Ind
(C) Supports the concept of analyring and promoting energy- conservation.
7. TI* Council Considered County Health tW red an appearanra by, Linda putt relative to Andtr~g
for the Denton County
Ns. piatt, a roan" and Jo Monte President of The Lea WOM
Voters were concerned about adCquate gas" Of tit.
Both stated that services will be chii~orlthe Ciry•Corrrty Heaieh Unit.
B, deeply if fmrc+s are not restored.
OaDIN as; QQ app
for fiscal year 1979- 0 Cmftil budget fornfissc cal ~e l ~ the budget
B year 97g-7D. .
suds by Stepfr~ndiscussing a~sage of adoptton of the budget Ordinance motion was
of Plan Stephens seconded the by' Vela to rescind the tmotion relating n
meeting, and to offer to Its placeela mootion toicontin oinntl ingot ~iii1c~
levels, and that the City A"ding i pr~icttel
the following condition Caafcil continues joint Anding at practical levels with
I The Cit1 C ch is
annul allocates to ed Flow osoftal $09,363, wAi
1 ,.QD Ins than the amount IJia
budgeted for for current year.
{ € The CO otl Comain:sioners Cart allocates to the Bally Poser
i ohs arry n09,347, ~ch is $1S,000 less than the arsount h*tt Naa for
r.
(1) The Comdl and the Commissioners Cant create aril
n members to a Cloprehansive Planning and Coordinat appoint
Out anrnuatly a [ormwla for flail c ~g Beard to work
Caadssicasn Court and the Cfty ooeeppeentlw projects of the
Posed of 101,0 (7) member, with three (3 ) The Boar~dppwoeld be cam•
Comaissionn Cart and there (3) Membersa Dominied by iluLeClV the
Council, and the seventh inted by the Board outside of its
r mnbershir the mould servMember chairwun
exempt In the case of a tie. rithdu the rfP~t to rot"
.,pirit of ca peraattioon uuQch is so vital w the *I are of allscitiizenss ofvthe~ the
shoe bicker! n tonal d the Cite of Denton The time has arrived to t an end to
Us 4
Hvidid these
remain together, two bodies of this community. If we 3o not
said the cititse will wind up paving Moro Ind receiving less. Stephens
} September 18, 1979 Continued
The City Manager briefed the Council, thanking members for their help
teceived in preparing the budget. He added that the budget is a no tax increase
`,.iget with no Increase of utility rates,
The following Ordinance was presented:
ORDIN NCS 179.72
AN CRDIMNCE ADOPTING THE BWGET KR THB CITY OF DENTON, TEXAS, FOR THE FISCAL
YEAR MOINNING 04 OCTOBER 1, 1979, AND ENDING ON SEPTEMBER 30 1980; REVISING TIE
BUDGET FOR 71E PRECEDING FISCAL YEAR ENDING, ON SEPMMR 30, 1979; !NO 11SCIARING
AN EFFECTIVE DATE.
" Notion was made by Stephens, seconded by Stewart that the Ordinance
be passed. On roll call vote Hensley "aye", Vela "aye", Stewart "aye", Stephens
Gaya" and !lash "aye". Motion carried.
(B) The Council considered the following Ordinance establish
the 1979.80 tax rate of $1.24 per $100 valuation to provide for General Fund oper-
ation and General Debt Service:
ORDINANCE 079.73
AN ORDINANCE LEVYING 71M AD VA14M TAX OF THE CITY OF W(TON TEXAS. FOR THB YEAR
1979, AT THE RATE OF $1.24 PER 1100.00 ASSFM VAUTION ON hi TAXABLE PROPWY
WITHIN THE CORPCIIATE LIMITS OF THE CITY ON JANUARY 166@9>t5 1979 NOT EXEMPT BY UM;
PROVIDING REVENUES FOR PAYMENT OF CTRORENT MtiNrCIPAL AND FOR INTEREST MID
SINKING FIND (N OUISTANDiNG CITY OF DWPON BCND5; PROVIDING t0i LMTED MaMPTIONS
OF CEP.TwIN HXSIEWS; PROVIDING FOR ENFOlUD ENT OF COLLECTIONS; tT04DD1G FOR A
SEVEAABILITY CLAUSE; AND PROVIDING AN EFFECTIVE OATS.
Motion was made by Stephens, seconded by Stewart that the Ordinance
be passed. CA roll call vote Hensley "aye", Vela "ayd', Stewart "aye", Stephens
"aye" and Nash "aye". Motion carried.
(C) The Council considered the following Ordinance establishing a
uniform rate for sanitation collection fees at $4.15;
CR: INANC3 179.14
AN ORDINANCE MMING CHAPTER 12 "GARBAGE, TRASH AND NEEW, SECTION 12.5, SECTION
12.19(b) AND SECTION 12.20(c) OF THE CODS OF ORDINANCES OF THE CITY OF DEIM,
TEXAS BY PROVIDING NEW RATES: REPEALING CONFLICTING CRDiNANCES; PROVIDIW A SEVER-
ABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE.
Motion was made by Stewart, seconded by Vets that the Ordinance be
passed. On roll call vote Hensley "aye', Vola "aye", Stewart "aye% Stephens
aye" and Nash "eye'. Motion carried.
(D) The Council considered the following Ordinance amending Capter 9
Article III cuter and Journeyman Electrician", Sections 9.29, 9.30, 9.30.11 9.32
and 9.3S and 9.31
ORDUANCB 01975
! AN ORDIN a AkSONNG THE CODE OF ORDINANCES BY ,4MING CHAPTER 9 ARTICLE Ill.
"MASTER.WD JO(ANEYMAN EUCIRICLAM', SECTIONS 9.19. 9.30, 9.30.10 MI. 91314
AND 9.15; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY THEREFOR AND
DECLARING AN EFFECTIVE DATE.
3btion was made by Vela, seconded by Hensley that the Ordinufce ba
passed. OA roll call vote Stewart ayd , Howley "eye", Vela aye , Stephen!
aye" and Nosh "syv', Motion carried.
Lng 'npproximatelyT77 ereiiofcl~anid ao dabbyy hegN. T.fCole Trust I=ted dough ef•
the Denton,'tnicipal Airport: '
ORDINANCE 070.76 (M. T, Cole Trust)
i
AN ORDI,WNCH OF THE CITY OF XNTON TEARS. SISAhi~IIW CERTAIN PCRTICMS OF Wa
,t5 A PART o? M CITY OF DENTON:.WD DtiCLNT:NG AN SFFECTIVE OATS.
ice."
011
I
September Is, 1979 Continued
!lotion was mwde by Stewart, sec r
Passed. On roll call note Vela "aye' Stewaartt "aye, Hensl that 1me tie be
"lye" and Nash "aye". Mot,cn carried. Heey Yti ,Stephens
9• RP.SOLUIICNS:
lard for (A) The follawing Resolution authorizing the putr}:ase of a tract of
land ted~rovement to Pecan Creek fret A. N. *Z4&de In the awmt of 5800 was
AT A REaW ?MF1 M OF T E CIIY)COINCIL OF TtM CITY OP DeTM TVAS, HEIR IN %
?UNICIPAL BUILDING OF SAID CITY ON TFM 1sT11 DAY Op SFpfgMM$ 1979. ffi
RESO0N
locat in the City of Denton, exas, EM43ed. the City of Denton finds it "cessa to
fulpur rase a certain tract of land
ly described below; and
i WiERFAS, the City COUnCil of the City of Denton is of the opinion interest and welfare of the public ill be served by the that the beet
I of real tstate described below; and Purchase Of the parcel
IffNAS, the City of Denton and owner of sold
consideration of 5800.00 is a fair and agreed vallurc, eelofA' M' McDade agree that a
such descried property;
f NOW, TI-MUSM, BE IT RESOLVED BY TIM MY CCLWIL OF THS CSTY OF Denw, TEXAS,
J THAT:
1. The City Attorney is hereby authorized to pre
doc:saents are necessary to complete the transfer of r pare whatever legal
from the owner thereof to the City of Denton, P °~nY so described below
All that certain lot, tract or parcel of lard lying and County of Denton, State of Teas, and bein be!n(iA eSiso din the City
Abstract No. 1184, and also being a Part of the, isca Srrny
5'heppatd to A. M. McDade and vi, part of Wkdeby[deed dated~M from M. C. 1931 reconied is Volume 710, Pala 580 of the Deed Records of Denton County; Texas,
amend
more particularly described as follows:
BEGINNING at a point I4.S7 feet 1X th, more or less, of the southeast corner of
A. M. McDods lot and the northwest corner of the c, P. Reed lot{
Ma smith with the west boundary line of C. P. Reed's lot, 103.1S feet, Mora
or less to C. P. Reed's southwest comer in the south boaadary line of N. Siseo
Survey?
1lOa.vest with the south bouda
east comer of Floyd 1kXoy lot; ry 11» of Stsco Survey, 63,0 feet to the south-
nee north with the east bouda
comer at 60,0 feet IN continuing line of sai more ofslless, to th# ssouth-rnsr Aaade on July 16, 197a wi~irnittthhe, a~b"daant in COf~ to the City
br A. M
Smith; rY line of a lot convoyed to, M.
I]{M east with the south bounds
' to the place of beginning and containing 10,701.33 s of Denton eaelrt feet
less. squa:• teat cf laandnd, , eats or
IS a+a:ar o2.selTh dCi City oood~ton is Iureby further authorited to pry A. N. Mctlade
:hose prfca, plow arty other aeaeessi' consideration in the aM At of 5800,00 par-
ry and reasonable casts of closing.
5 1. This Reso Resolution shall w take t effect immediately from and after Its
:mesa a and approval
Prowfafom of the Denton City Clutter.
7i:JED Aim APPAOM this the 18th day of September, 1979.
CITY yr DIIYIRA, TEE
j
September 18, 1971 Continued
[A_T[TE_STT:
AKWO MA
,
CITY OF DEMYIY, TEXAS
APPROVED AS TO LBGAL FOR4:
Zs/
CITY OF DENTO.N, TEXAS '
Motion was made by Stewart, seconded by Vela that the Resolution be
Passed. 04 roll call vote Hensley "aye", Vela "aye", Stewart "aye", Stephens
'pye" and ,vash "aye". Notion carried.
(b) The following Resolution authorizing the purchase of a tract if
lard for improvement to Pecan Creek from Burnett Flemings, at ux in the amount of
$1,100 was presented;
AT A REMW W!ETING OF THE CITY COUNCIL OF 112 CITY OF DENION, TEXAS, HELD IN TM
"ICIPAL BUILDING OF SAID CITY ON THE 18TH DAY OF SEPM4M, 1979.
RFS06T77I04
hF1ER M, the City of Denton finds it necessary to purchase a certain tract of land
located in the City of Denton, Texu, And more fully described below; and
*fRFASI the City Council of the Cictyy of Denton is of the opinion that the beet
Interest and welfare of the public wi11 be served by the purchase of the parcel
{ of real estate described below; std
j MAEP 5, thenCity of Denton cad owner of said Garcel Burnett Flemings and wife,
vaLoretta of such described that a consideration of $1,140.00 is a fair and agteed
property-
NX TT93RB M, BE IT RESOLVED BY TTY CITY COUNCIL OP THE CITY OF DenW, TEXAS,
1. The City Attorney is heroby authorited to prepare whttaver legal
dwsrents are necessary to template the transfer of property so described below
from the owner thereof to the City of Denton.
All that certain lot, tract or parcel of land lying and being situated in the City
and Coin of Denton, State of Texas, and being part of the H. Sisco Survey,
Abstract o. 1111, and also being part of a tract of land to conveyed fray M. D.
trd to Burnett Flemings and A# Loretta Flemings by deed dated April 23,
197 and recorded In Volume 001, Papa 379 of the Deed Records of Denton County,
Texas, And more particularly dev.ribed as I
BurnBEGINNIN2
andtloretta Flemingsf tract cad said poInt Alsoobeinng lone the west bounda~
line of s^i, tract-
T1 south $7 degrees 12 P'nutes 08 seconds east a distaeee of 21,92 feet to the
beginning of a curve to the left, said curve having a central an le of 91 degrees
49 minutes 40 seconds, radius of 117.10 feet, tangent of 121.08 eat-
THM northerly along said curve, an are distance of 188.19 feet to a point-
TrOa north 0 degrees 11 minutss 12 secorwls out a distance of $1 feet to a
point for a corner In the center of an existing branch, said center of branch
Ming the east boundary line of said tract-
.11e1C2 In southerly diraction with the centerline of the existin brvoch to a
;wint In the south botandasy line of the N. Sisco Survey, said point also Ming
the south bouruiary ltne of the PI wings tract-
TWO west with the south boudary line of H. Sisco Survey, ISO feet, more or
less to a point for a corner, said point being the southwest corner of the
Flemings tract-
Sep ember 18, 1979 Continued
THDCE north S2.24 feet, more or less, aloe the east boundary lire of C. P. Rued
tract to the place of beginning and containing approximately 4,3S0 square feet of
land, more or less.
2. The City of Denton is hereby further authorised to pay Burnatt
Flemings and wife, Loretta Plana as owner of said described property, consid-
oration in the amount of J.04 purchase price, plus any other necessary and
reasonable costs of closing.
passage and approvaleinlac ordancelwi take provisionsa of ltt he from
Denton City rCharter.'
PASSED AND APPROVED THIS 18th day of September, 1979.
s
ATTEST. U11 CF DFM'Cth, TEXAS
s~
C1TY OF DFNfCN, TE]US ,
`i APPROVED AS TO LEGU FORM:
1
8UF/
.J CITY OF DPXDf}I, 1E'(AS ~
,y
Z Motion was merle by Vela, seconded by Hensley that the Resolution be
Pass d. On toll call vote Stewart "aye', Hensley "aye'", Volt "aye", Stephens
ay AM Nash "aye". Motion carried.
(C) The follodAg Resolution authorisi!nngg the purchase of a tract of
fend for improvement to Pecan Creek free the SheppirUtIrrow estate (Tract 1) in
the amount of $3,800 was presented:
AT A RP.aW MEETING OF THE CITY COUNCIL OF THE CITY OF DE M, TEXAS HELD IN
TM HNICIPAL BUILDING OF SAID CITY ON THE 18TH DAY OF SEFMabt, 1971.
RESOLUTION
NHMEAS
l ocated in the City of Dentoton, Texas, and more fliliyedescr bed below, end
hF0?RFAS, the city council of the City of Denton is of the opinion that the bolt
into»st and welfare of the public will be served by the purchase of the parcel
of real estate described below, and
MFBRF~IS, the City of Denton and owner of said parcel Mrs. Lorene She rd Darrow,
9mthe Sheppard/Darrow CsMrs. Jasmine S. tito a Robert 8. thkMiin,~Co•Trustoi,S. r~that a crs of
onsid-
oration of $3,800.00 is a fair and agreed value of such described property;
1 Tfi1T.rWREFORB, 011 IT RESOLVED BY T12 CITY CMWIL OF THE CITY OF WtMo TEXAS,
j
1. The City attorney it hereby authorised to prepare whatever legal
documents are recessuy to eampiate the transfer of property so described below
ire" the anon thereof to the City of Denton.
Paw TRACT [wfiS7 TAAC1) All that certain lot, tract or parcel of laid lying
snow no sttIs H. Sisw Survey, Abstract Now. 1214, Denton County,
0x910 being part of a 58.87 acre tract conveyod by Meredith Taylor to Y. C.
Sheppard on ;,lay 15, 1943. W recorded in Volume 31S, Paga 83, Geed Records of
Denton County, Texas, and being more rarticularly described as follows:
B80INNINO at a steel pin at the intersection of the north boundary tine of prairie
S
roinuta treet with the west boa rry line of Vood Streit ,gralso bein north 0 degrees 58
Vast 182.14 feetsfrom the S southeaast corrnnerhof7sild 3blSt4am Sheppardatonct;
i
j
+ September 16, 1979 Continued
IM CE north 67 degrees 46 minutes 35 seconds west with the north boundary, nine
of Prairie Street 242.7 feet to a comer in the middl.• of a branch, also being
the southeast corner of a tract deeded by N. C. Sheppard to Sherman Byrd;
TH DAM north 1S degrees o2 minutes SO seconds east with said branch $6.69 feet
to a comer;
THDa north 22 degrees 41 minutes 40 seconds east with said branch 119.2 feet
to a comer;
THM north 37 degrees 26 minutes 20 seconds east with said branch 119.5 feet
to a comer at the northeast corner of a tract deeded by M. C. Sheppard to Sharman
Byrd;
n 71013 south 14
the west bo ndaryyine ofSWo d Street;seconds east 121.1 feet to a steel pin on
THINtai south 2 de ems 01 minutes 50 secon a west with the west boudary line of
Wood Street 235.97 feet to the place of beginning and containing in all 1.151
acres of land.
i' Sll
TRACC (PAST TRACT3. All that certain lot, tract or parcel of land lying
ant Being s ttwte3'i`n { eh'~!. Sisco Survey, Abstract No. 11640 Denton County, Taxes,
being part of a 36.57 acre tract conveyed by Meredith Taylor to N. C. Sheppard on
May 16, 1945, and recorded in Volume 315 Page 83, Dead Records of Denton county,
Texas, and being m ro particularly deserIbed as follows: I
BEOMIND at a steal pin at the southeast coiner of said 16.57 here tract on the
south boundary line of the N. Sisco Survey;
Ti AM north $7 degrees 41 minutes 30 seconds west 190.0 feet to a steel pin near 1
a fence on the south lirw of said tract and said survey line;
ma north 2 degrees 01 minutes SO seconds east with the east boundary line of '
Wood Street 271,95 feet to a steel pin at Pecan Creak;
i
1H•l4CE south 14 degrees 1S minutes 30 seconds east 136.42 feet to a steel pin
MCS an the east boundary line of said 3637 term tract; rryy east 36 177 acres tract5S86 Sltfeet0to«theepplaaccetOf begiivning and bound tsiniq ine infallld
2.290 acres of land.
w
2. The Cittyy of Denton is hereby further authorized to paasy ilk ab
listed heirs of the Sheppard/Dorrow Estate as owner of said de4crilcd propertovey,
wesidmrstion in the rmnomt of $3,!00.00 purchase price, plus any other necessary
and reasonable costs of closing. ,
3. This Resolution shall tale effect leaxdiataly home and after its
f postage and approval in accordwo with the provisions of the Denton City Charter.
E PASSED AND APPRC'dED this the ltth day of September, 1979,
MARK
I ILL
J ATT&S1't CITY Of D{9iIC1Y, TIM
CITY OP OENIQV, TEXAS
APPROVED AS TO LEQ.1L PM:
R, boums IM C 177-79
,::TY OF DVrCN, Ffi(A9
passed. On rollmcallsvots Stewart te ah e" "aye Iaye , Henslbyyttensl II II yel Vie the Resolution be
l' Stephens
lays' and Vash "tee', Motion carried.
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September 18, 1979 Continued
(D)
land for 1ha following Resolution r thorl:inQ the
t Of $9,000 to Pecan Creek from the Sheppard/Darroww estate Of tract of
the amouu of 19,000 was presented; (Tract 2) in ,
RaSO0N
AT A UOJIAR 4EETI OP T103 CIITYTY
itMICIPAL BIIIL%D l OhY,F SAID C W%IL OP 71jE CITY DFNIYN{9T S MW IN 11®
871! DAY OF MMUM.
4f-RPA.S, the City of Denton finds it necessary to
1
located in the City of Denton, Texas rd ase a certain tract of
more ppuu land
and
fully described below; end
loth 'i and wolf C 1tI~of the City of Oentm is of the opinion that the best
of real estate described beloow;2aand 11 be served by the Whchase of the parcel I
1'4URP.4S, the City of Denton and owner of said
Airs. Luca Moore, Mrs. Jassttne S. 9aoot and ..4". Ull~ nS. Woods, Sheppard Darrow, the Shat Ar oglg w E Utls a~fair and " 8. Noodin CC-Trustee, agree
that of s
eaeuid•
greed value of such described propertyl
NOW, PUEM, BE IT RESULYED BY TIE CITY D
THAT: COItCIt OF TIE CITY OF i><N1tTeim7,
TEXAS,
docuoants are The City Attorney is hereby authorized to prepare whatever Ie al
P from the owner thereof is the City of Centoonsfer of property so described Delay
.J
~ -All that certain lot, tract or A
parcel of loyal lying end
isco Survey, Abstract No. 1114,
brims part of a 36. 51 aaa tract c 8nton C"My Texas,
Y 6, 1945, and recorded In YoI sd p°~ Meredith T& loon to M. eppard on
Texas, and being more Particularly described as faiiZ. of Denton County,
BEOIWr% at a steel pia at the Southeast corner of Lot 7, Block 3 Solomon Hills
Addition said corner also being north 1 degroo S8 minutes 10 sacos>ls east 1086.8
feet from the southeast mntar of said S8.S7 acts Sheppard Tractt
THENCE south 1 degroo 58 aizoztes 10 seconds west with said 36.17 acre tract 50829 feet to a steel pin; the east boundary line of
THENCE north 74 degrsas S minutes 30 secod$ west 136.42 feet to a steel pin sue
the east boundary lfas ofN*od Street;
W Strorth 3 de ~ fa r468. 07 outes 30 seconds out with the east
feet to a steel Pin at the southwest air of
Lot 7, block 3, Solmn All# Addition;
rHea routh It degraes 3Ssdnutes 10 teconds east with the South boundary ift of
Lot 7 block 3, Solomm 831$ a distance of 132.0 feet the place of beginning and
eontainIAg in ail 1.470 surge of load.
C7 I1w71 All that certain lot, trot or rreel of land lying
I itus a r~1[. Sisce
be SwvaY, Abstract MD. 118 h, T~ ,
&Y 16w 946f a36.51 as tract ta&Td by Meredith TaylortoN. ~,Cg~Srd an
rgtordtl in Volume 311, Pagg 63, Deed Records of Dent_art~county,
Texas, and being more poieulariy described u Eoltan. .
BEOLWTNO at a steel ;last the Southeast corner of Lot 1, block 4, Salomon Hills
Addition said comet btlg north I dirty $g &bugs It seconds east 963.7 feet
and north 86 degrees SOsbanes west 1 5.17 feet from the southeast corner of said
36.57 acre Sheppard rr%2
THI7a South 2 de`revs 0taira,tes SO Seconds west with the wait boundary line of
Wood Street 336.27 fast IS S stool pin near the South bank of Pecan Crooks
THENCE north 74 dorm -3 ainutes 30 seconds west and
northeast ^.omor u a ttat deeded by 4. C. Sheppard to Aormman Sfrd4a;dfcontiiiuinq
with a fence A total iisanco of 357;1 feet to a Steel pin at a fence comer on thi
south bank of Pecan Croak
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September 16, 1979 Continued
rVa north 70 degrees 42 minutes 30 seconds west with the southwest bank of
Pecan Creek 170.48 feet to a steel pin at the southern east northeast corner of
a 1.737 sure tract deeded by Sheppard to Kuykerndall;
TtVa north 44 degrees 39 minutes 40 seconds west with the west bank of Pecan
Creek and Kuykendall tract 93.2 feet to a steel pin
THEl7CE north 20 degrees 42 minutes 40 seconds west 96.3 feet to a steel pin;
'1}ENCE 6 degrees 36 minutes SO seconds east 107.0 feet to a steel pin at the
northern most northeast comer of said 1.737 acre Kuykerdall tract;
7IAM north 82 degrees 27 minutes SO wo ds west 22.88 feet to a steel pin on
the north boundary line of said Kuykendall tract and the southeast corner of a
tract deeded by Etta Sheppard to Lucklin, retarded in volumr $43, Page 661, Deed
Records;
THENCE north 1 degree 31 minutes 40 seconds east with the east boundary line of
said Locklin tract 179.74 feet to ■ steel pin on the south boundary lime of
Sycamore Street;
THENCE south 87 degrees 38 minutes 50 seconds east with the south boundary lira
of Sycamore Streit 215.48 feet to a steel pin at the intersoction of the south
boundary line of Sycamore Street with the west boundary line of Crawford Street;
THENCE south 2 degrees 01 minutes 50 seconds west with the west boundary line of
Crawford Street 899.92 feet to a steel pin;
THENCE south 86 degrees 50 minutes east with the south boundary lira of Sycamore
Street 50.0 feet to a steel pin at the northwest corner of lot 13, Block 4,
Solcron Hills Addition;
THEtIVE south 2 degrees 01 minutes SO seconds west with the west boundary Lino of
Lot 13, Block 4 a distance of 140.0 feet to a steel pin at the southwest comer of
Lot 11, Block 4;
THENCE south 86 degrees 50 minutes east 350.0 feet to the place of beginning end
containing in all 4.906 acres of land.
2. The City of Denton is hereby further authorized to the above
listed heirs of the Sheppard/Darrow Estate as owner of said described property,
consideration in the aauu t of $9,000.00 purc7we price, pt-,d any other necessary
and reasonable costs of closing.
3. This Resolution shall take effect inodiatily from and after its
14 passage and approval in accordance with the provisions of the Denton City Charter.
PASSED AND APPROVED this the 18th day of September, 1979.
$III MWO 4
ArWt
a
CITY OF DEM'CfV, Ttw
1PPROYED AS TO UCAL POW
,s
'ITY OF
D&YICN, fEYA9
Motion was made by Henule;, seconded by Stephens that the Raaelution
if passed. on rail call vote Stewart "eye", Yale "aye", Hensley "ayW', Stephens
'2W ,aid !lash "aye". votion carried.
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September 18, 1979 Continued
ten (E) The follo~lr~ Resolution approving a depository agreement for a
beginning October 1.19 9 and ending September 3D, 1981 was presented:
AT A REGUTAR MEETING OF THE CITY COUNCIL OF T1W CITY OF MWM TEXAS, HELD IN
M MNICIPAL BUIIDIN] OF SAID CITY a1 THE 18TH DAY OF SEpIIA R
A.D, 1979.
R$50LUT10N
NHEREAS, the City of Denton has notified all the banking institutions within the J
City of its intent to receive bid applications for the custody of city funds for a j
tens beginning on October 1, 1979, and ending on September 30, 1980; and
1'MEASI the City of Denton has received bid proposals from banking institutions
within the City desiring to be designated as a depository of city institutions and
19h 71 , the said bid proposals were opened an this the Itch day of September,
end examined by the City Council; and
"RFAS after such opming the City Council foul on the basis of the bid
proposals that First 5ta'.e Bank of Denton, Texas has submitted the proposal offer-
e ~ most favorable terms and cwWltiaaus to the City for the handling of such
1", THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF M CM OF DEMON, TEXAS;
? ZION 1. I
1. That First State Bank of Denton, Taxes is hereby selected mud
designated as the depository for city Reds fora tetm
Q 1979 and ending an September 30, 1980, beginning on October 1,
i 1. That the proposal of said Institution having its office end place '
of business in the City of Denton, Texas shall be attached hereto and made a
part hereof, and the sea is hereby In all things accepted.
3. That this Resolution shall be effective inaadistely from and after
its passage and approval by the City Council of the City of Denton.
PASSED AND APPROVED this the 18th day of September, A. D. 1979,
e
A7TESIt CITY OP DFMUN, TIOM
&vZOXS OLT-o
CITY OF nanUi, TEXASm~-
APPRAU AS TO LEGAL FONT:
'[R5; RTi}>rZTTYxTI~F"' 1
CITY OF DD910N, TM
Motion was cede by YeIs, seconded by Stewart that the Resolution be
Passed nrhil call vote Hensley "aye", Stewart aye , Ya1{ "aye", Stephens
sys" "nay". %tion carried a to 1.
Avor Mesh iWicated concern with only one bidder. He stated that the
Council should receive and open the bids for bidding for depository.
10. The ~ouncii emsidered the
the Robertson Street osenpass. Preliminary engineering tecdntmendation for
City Plainer John Levretta briefed tke Council, stating that the Staff
,'sviewed the daki tVA preliainary cost eatLnetes, and feel they are reasonable.
thee re Is aitrain in"the lies the recommended d~that the Preliminary deesign be adopt-
#d and Schoch and Fields be suthMied to begin the final design phase.
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September 18, 1979 Continued
Bob McFarland, representing the firm stated that"we have dealt with
problems with difficult solutions. We are moving the bridge farther sway from the
drainage ditch, and we plan a temporary tressel." He concluded by stating that
plans should be available three reeks from next Friday for review.
Motion was made by Stephens, seconded by Stewart to authcr.lte Schoell
and Fields to begin the final design, based on the preliminary desion proposed.
Motion carried.
11. The Council considered approving the renegotiated contract with Aerosmith
Denton Corporation.
Gene Wright, Airport Board Chairman, recmmended approval of the contract.
Motion ww made by Stephens, seconded by Hensley to approve the 1979
contract. Motion carries 3 to 2 with Vela and Stewart voting "nay'.
Motion was made by flash, seconded by Hensley to delete funds for an
Airport Manager. Cn roll all vote Vela "nay', Stuart "ns", Heruloy "yo",
Stephens "nay' and Nash "aye", lotion failed 2 to 3. 9ith Vela and Stewart spoke
against deletion of an Airport Manager.
12. The Council considered instituting annexation roceedings concerning the
request of Mr. John Stout, (Bethel Temple Church 2.1413)
Motion was made by Vela, seconded by Stewart to approve initiating Annex-
ation proceedings the request of John Stout for Bethel Teeple Church on the south
side of Highway 310, south of Ranch Estates. Motion carried.
13. The Council considered awarding bids for Fire and Extended Coverage
Insurance, Bid 1860:.
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Motion was made by Hensley, seconded by Stephens to award the bid for
Fire and Extended Coverage Insurance to Jim Watson and Denton Insurance Center
through Floyd West Insurance Company at a 3Nt discount from effective average
state rates. Motion carried.
13 The Council considered establishing a Council policy on conflict of
interest.
r Council Mersber Vela requested postponeent of this item for the next
f meeting or the one after that.
is. The Council set the September 25, 1979 Study Session Agenda.
16. CONWO AGM* ining Oakhlll Addition, since tnd hedid engirneering work and iregquueestedlathat it bee pranved
frm the Consent Agenda.
Motion was made by Stophas seconded by Hansly that th1 following
f Consent Agenda be approved with item ~•Plats removed. Motion carried.
(A) REFERRALS:
j The following petition was referred to the planning sand toning Commission
for its recorom
(1) Z-1415, dationn ln~
in zoning from General Retell CGR)tt Multi Family Restricted request & of R) clalsiification
on S.S9 acres located northwest of the intersection of Hercules Lane and Stuart Ad.
17. The Council considered the final plat of the Oaihill Addition.
i+ Motion was made by Hensley, seconded by Stephens that the final plot of
the !Ykhill Addition be appm*d. Motion Carried with Nash abstaining. "
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SeptaTbsr 1B, 1979 Continued
IB. The Council recessed into Executive Session at 10:15 p.m. to discuss '
legal matters, real estate, personnel and board AMjntmenta. ,
19. The Council reconvened f::to public Session at 11:00 p.m, to announce
the following board appointments: ~i
Cnmanlty Develotment Advisozv Camdttee f/ i
Lovie Price 1
Johnny Cole
Betty "Is
Jo Luker
Larry Liarberson
I
Mman Resource Advisory_ C~~ i
Richard Taliaferro (ex officio)
Mark Miller (ex officio)
°turulna and Mechanical Cade aa..d
Elltabeth Garrett (alternate)
Cable N Ads viBoard
Larry Gleason
J Motion was made by Vale, seconded by Hensley that the sbovs board
ments
ments be approved. Motion carried. appoint-
Meeting adjourned at 11:05 P.M.
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F
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City Council and Planning and Zoning Commission
September 25, 1919
Special Called Joint Meeting of the City Council and the Planning and Zoning
Comission of the City of Denton, Texas, Tuesday, September 25, 1979 at 7;00 part,
in the Council Chamber of the Mlnicipal Building.
PRESENT: Council: Mayor Nash, Mayor Pro Tem Stephens, Wmbers Stewart and Vela;
tCi y-Tanager Chris Hartung, Acting City Attorney Burt Solanons and City
Secretary Brooks Halt.
Planet 4 Zooni~n Commission: Lennie WMArs, Richard Talisferro,
erlbb t la Forte, tidy STdor am Harilyn Gilchrist,
AS9FM. Counciln Hensley; P 4 Z; Dun Ryan and Bill Brady.
JOINT MEETING OF TTY CITY COUNCIL AND THE PLAN1% AND ZONING CGMISSION:
1. Comprehensive long range planning was discussed,
The purpose was to explore alternatives concerning recently discussed
needs to Improve the City's land Use Plan, The meeting was an opportunity to
begin discussion on review of it Land Use Plan.
Steve Fanning, Planning Staff member, reviewed the land use study dorm
by the Cities of Mesquite ant Rockwall, He presented three methods for lard
planning and reca:mended full scale citizen approach,
MEETING Of THE CITY COUNCIL:
1, The Council considered a grant offer from FAA for a runway and taxiway
overlay.
Assistant City Manager King Cole briefed the Caaicil.
Motion was made by Vela, seconded by ftewart to accept the FAA grant
as recoomended by the City Staff. Motion tarried,
2. Frank Medanich of The First Southwest Company briefed the Council on
Certificates of Obligation. He advised that costs not covered by the greet
sowsted to $162,800. These funds will be obtained through Certifiratos of
j Obl ig.tt ion.
3. The Co moil considered awarding bids on the Airport taxiway and runway
overlay.
Mfr. 1. C. Finkles Consulting Engineer advised tM Cotmil that *rr!ott
Brothers of Dallas submitted the low bids so follows:
Section 1.... 1536,904,70
Sections 1 S h... M5,347.20
Sections 1.1 6 3••••i995,996.20
Finkle& rormvended that Marriott Brothers be awarded Section 1 plus
Section 2 which included work on the munray and taxiway and that Section 3 which
included the aircraft pparking s ron be awarded subject to the City having been
notified that Federal funds wilQ be available prior to December 10 1979,
Motion was ruode by Stewart seconded by Veto to award to Marriott
Borthers Sections t and 2 and award Section 3 when furls are available. Motion
carried.
4. The Council considered the follo~g Ordinance authorizing the issuance
of Certificates of Obligation for Airport tnven ritst
CADIMM41
x79.77
ORDINAKE ALM012t% -TW 15aW+c8 CF MATIPICATES OF BLS IGAtiON
Motion was made by Stewart, seconded by Vela that the Ordinance be prised.
On roll Call vote Vela "aye', Stewart "aye", Stephens 'roye" and Nash "Aye". fbtion
carried.
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September 2S, 1979 Continued
S. The Mayor read a Proc' nation honoring Roy and Earl Landers, Charter
Members of the Police Reserve, ,no have served for 20 years on the force.
6. The Council considered requests from Denton citizen groups for use of
the old Post Office Building.
Bullitt Lowry, representing The Historical Society, and Jim Johnson,
representing The Greater Denton Arts Council, requested that the Arts Council be ~i
allowed to rent or lease the old Post Office Building. They stated that 24 organ-
izations were involved.
The matter of rent or lease payment was discussed. Lowry suggested a
payment in lieu of taxes, and that the group could serve as managers and coordLn-
ators of the building. The matter of upkeep of the building was also discussed.
The City Manager stated that the City needed a specific p sal and
that other groups could present their case to the Council also, and that the
Planning Department will work with these groups.
Motion was made by Vale, seconded by Stephens that the City Manager
and Staff work with the variOM groups to determine what can be done to work out
a satisfactory plan. Motion carried.
7. The Council received A report and considered further action on Panhandle-
EM alley.
Administrative Assistant Bill Angelo gave a comprehensive report with the
Ld of color pictures to show the condition of an alley between Panhandle and Egan
It pointed out the drainage problems involved as well as the presence of leakages I
at a water meter in the alley and inadequate sewer. He pointed out that improve-
ments of the alley are included on the 1963.64 Capital Improvements Pun.
j Two citizens spoke relative to the matter discussed by Mr. Angelo.
6. The Council considered a contract with Sally Erinan for a bird control
program,
The proposed budget for this program includes $6,000 consultins fee
for Lis. Erdman at 3500 per month plus costs for clove out shooters and miscell-
aneous expenses, for a total of 311,444.
lbtion was made by Vela seconded by Stewart to approve the contract
with AG. Erdman for a bird control program. llbtlon carried.
9. The Council considered a contract with the Denton Sousing Authority ~
for administration of the rehabilitation program.
City Planner John lAvretta briefed the Coumil, stating that the Sousing
Authority would handle the Housing Rehabilitation Program at a total cost of
$26,100. He added that the lkxtsinc Authority has adequate office space an
Coronado Street to Administrate the operation.
with the DenntonnHoomwet ingdAuthorriityhforsadmiiniistration of the rehabilitnto ation program.
lbtlon carried.
10. The Cornell considered firal plans and specifications for the animal
shelter and authoriting the City Manager to go out for bids.
Motion was made by Stewart, seconded by Stephens to apppprove the final
pplans and specifications for the animal shelter as reccomended 4 the Staff.
Fotion carried.
11. The Council considered recovering agricultural lease finds from the ,
Airport,
Caancil Member Stewart stated that Aerosmith should retum rmlea to tho
City that Aerosmith received through lease of agricultural land on the Airport.
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September 25, 1979 Continued
Gene Wright, Chairman of the Airport Board, stated that at the August 14,
1979 meeting of the Airport Board, there was a motion made and seconded that the
subject of agricultural lease monies month is settled in the revised contract is
considered to be moot. Wright added that the matter needs to be laved to rest.
He stated that the new contract will mean ouch more funds from the AS rt Board
to the ,.1ty. Dr. Carrell, Airport Bd. Munber, also spoke relative to the above motion.
nation was made by Stephens, seconded by Nash to refer the matter to
the Airport Board for a formal report to the Council. Motion carried 3 to 1.
Mayor Nash pointed out that the contract has been signed with Aerosmith
and if the City goes to Court the City can either win a suit or lose money.
Wright said that the Board will present a detailed report to the Council,
but this will lead to no conclusion.
12, The Council zonsidered the following Resolution approving the 1979
assessment and tax rolls:
AT A SPECIAL MEETING OF THE CITY WUMCIL OF TIE CITY OF De4TON, TEXAS. HELD IN
TEE NUNICrpAL BUILDING OF SAID CITY ON TIFE 25TH DAY OF SEPTEtW, A.U. 1979.
RESOLUTION
MEREAS, the As►eSSment Rolls of the City of Denton for the year 1979 assessing
property for City purposes have been prepared In due course; and
WHEREAS, the Board of Equalization of the City of Denton has carefully examined
and given hearings to the owners of property desiring to be heard on protests of
valuation and has reviewed and fully and finally revised said assessment rolls;
and
VaREA5, the Board of Equalization has eLt"Ited its work and certified its appro-
val of the said assessment rolls for the year 1979; aid
WHEREAS, the City Council at its September 18, 1979 meeting established by Ordin-
ance a tax rate of $1.24 per $100.00 valuation on all taxable property within the
city limits; aid
j 41F.REAS, the Tax Rolls of the City of Denton for the year 1979 have been diligently
and properly prepared: and
i ,
MERPAS, the Assessment and lax Rolls of the City of Denton for the year 1979 have
been delivered by the Assessor and Collector of Taxes to the City Council for
approval.
MCA, TNEREfM, BE IT RESOLVED BY THE CITY CO MIL OF T7M CITY OF DEIFY, TMSi
SECTION It
That the Assessment Rolls of the City of Denton assessing all taxable pproperty
i within the city limits of Denton for City pFu~rposes for the year 1979, ba and the
sae are, hereby in all things approved, confirned and adopted as the official
Assessment Rolls of the City of Denton for the year 1979, cm ering the property
hereinabove recited.
SECTION Ile
t That the Tax Rolls covering all taxable property within the corporate limits of
r the City of Denton for the year 191'), be and the swine are, hereby accepted and
apppproved for the year 1979, and the Mayor it authorized to affix his official
signuturs thereto, and the City Secretary is to attest the same under the seal of f
the City of Denton; a-vi is authentic-ted, shall be the official tax rolls of 1{
the City for the year 1979.
SECTION III:
L ~ I
That this Resolution shall take effect from and after its passage and approval by
6 the City Council of the City of DentL-.
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September 25, 1979 Continued
PASSED AND APPR04T, this the 25th day of September, A. D. 1979.
B1~
CITY OF DENTCN, TEXAS
ATTEST:
6KSHDC7; CITY SECRETARY
- -
CITY OF DEN ON, 'T'E'XAS
'.PFROVEO A3 TO LEG4L FM:
NT
CITY OF DENTtiN, TEXAS
Motion was made by Stephens, seconded by Vela that the Resolution be
passed. On roll call vote Stewart "aye", Vela "aye', Stephens "aye" and Nash
"aye". Motion carried.
17. The Council considered a report on mobile homes and their use within
the City.
Motion was made by Stephens, seconded by Stewart to refer the matter
to the Building Code Board. Motion carried.
14. The Council considered a recommendation frors the Traffic Safety Support
Commission to install a span wire signal at the intersection of Ruddell and
University.
j Motion was made by Stewart, seconded by Vela to approve installing a
span wire signal aL the intersection of Ruddell and University. Motion carried.
IS. The Council considered a report from the City Mangier regarding the
status of the Wastewater Treatment Plant grant.
The Manager briefed the Council, stating that the Texas Department of
1 stater Resources and the Federal Government had differences in State and Federal
requirements. He said that the City was ready to go for bids when the EPA approves
the furling, and that no action was needed at this time by the Council.
16. The Council recessed into Executive Session at 10:45 p.m. to discuss
legal ratters, real estate, persormel and board appointments.
17. The Council reconvened into Public Session at 11:05 p.m, to announce
the following Board Appointments:
North Teas Higher Education Authority
E Hike Grandey
i Melvin Gouge
' Motion was made by Stephens, seconded by Vela that the above board
appointments be approved. Motion carried.
Meeting adjourned at 11:09 p.m.
FRYOR
CITY -4:a~
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Planning and Zoning Commission Recommendation
to the City Council
Z-1415
October 2, 1979
Identity: Z-1415
This is the petition of Mr. Robert Nichols requesting a change in
zoning from Agricultural (A) to Single Family (SF-16) classification
on a 10.45 acre tract of land.
Location:
The property is an L-shaped configuration located south of the inter-
section of Teasley Lane and Pennsylvania. The northernmost portion
of the tract fronts along approximately 240 feet of Teasley Lane and
begins approximately 710 feet east of the Montecito Subdivision.
Report!
The Comprehensive Plan indicates that this general area in southwest
Denton should be developed for single family residential use. The
proposed zoning in this request would permit development of a 10.45
acre tract according to Single Family (SF-16) classification. This
means that residential lots would total a minimum of 16,000 square feet.
j
The 10 acre tract immediately to the east of this site is currently
zoned Agricultural (A) and is the site of the proposed Southmont Baptist
Church, while the area to the south is undeveloped and zoned Agricultural
(A). The area immediately north of the site in this request, across
Teasley Lane, is undeveloped and zoned Single Family (SF-10.
The Monteelto Subdivision which begins approximately 710 feet west of
the site in this request is zoned SF-16. The SF-16 zoning in this
request is in conformance with the existing land use pattern.
Water and starer can be extended to support the proposed land use and
there will be adequate capacity in the lines. The tract will also
have immediate access to Teasley Lane.
The Planning Commission unanimously recommends approval of zoning
petition Z-1415.
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Planning and Community Development Department
Report to the Planning Commission
Z-1415
September 5, 1979
Identity: Z-1415
This is the petition of Mr. Robert Nichols requestin a change in
zoning from Agriculturai"~". Single Family (SF-16~ classification
on a 10.45 acre tract of land.
Location;
The property is an L-shaped configuration located south of the inter-
section of Teasley Lane and Pennsylvania. The northernmost portion
of he tract fronts along approximately 240' of Teasley lane and beging
approximately 710' east of the Montecito Subdivision:
Background:
This request was advertised as a 10.45 acre tract located along the
south side of Teasley Lane approximately 300 east of Carmel Street.
It should have been advertised as beginning approximately 710' east of
i the lontecito Subdivision. Because ~.f this error the mail out to ad-
jacent property owners included a larger area than was necessary.
Moreover, after receiving input from neighboring property owners the
petitioner decided to amend the than a of zoning reuqest from Agri-
cultural (A) to Single Family (SF-161 rather than Single Family
The Comprehensive Plan indicates this general area in southwest Denton
should be developed for single family residential use. The proposed
zoning in this request would permit development
according to Single Family (SF-16) classifition. aThis4meansethatct
residential lots would total a minimum of 16,000 square feet.
! The 10 acre tract immediately to the east of this site is currently
zoned Agricultural (A) and is the site of the proposed Southmont Baptist
Church while the area to the south is undeveloped and zoned Agritul-
tural JA), The area immediately north of the site in this request
across Teasley Lane, is undeveloped and zoned Single Family (SF-10f-
The Montecito Subdivision which begins approximately 710' west of the
site in this request is toned SF 16. The SF-16 zoning in this request
is in conformance with the existing land use pattern. For this reason,
the staff recommends approval.
Water and sewer can be extended to support the proposed land use and
there will be adequate capacity in the lines. The tract will also
have immediate access to Teasley Lane. j
The Planning and Community Development Department recommends approval
of zoning petition Z-1415.
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PROPERTY OWNER REPLY FOMS
2-1415
Twelve Property Owners Notified
IN FAVOR IN OPPOSITION UNDECIDED
None Roy D. Kendrick None
911 Chiquita
Denton, TX
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REPLY FOR THE PLANNING AND ZONING CO]JmISSION
Case No. - 7-1 JI
The Planning Commission would like to receive your comments on this
case in order that they may make a better informed recommendat +
the Cit Counc ion tl
it
y If you desire {
this reply form and return it to the following address,byltheedate pofte 1
the public hearing.
h City Planner
Municipal building
215 East McKinney
Denton, Texas 76201
I
This reply form in no way affects your rights to attend the public,'hear-
ing and we encourage all interested parties to attend and comment if
they w?sh. If 20% or more of the property owners receiving this notice
return this reply form in opposition to the proposed change, the City.
Council must attain.a four-fifths (4/5) vote to approve it.
If you have questions pertaining to the case,.please call the Planning {
E Office at.566-8350.
{
REPLY
i
( ) I am in favor of this zoning request, i
(I/f I am opposed to this-zoning request.
( ) I ain undecided about this zoning request.
My comments are as follows.
A SF-23 classification of the tract described above
would decrease the value of my Adjoining homestead; •1 live on a four'acre tract developed
In accordance with Hont6clto restrictions and was told by the petitioner that,the land in
question would remain in the petitioner's family but if, for some reason, it was devalopedt
ouch development would be done so as to not decrease the value of
my Property,. 1 have
discussed this with the petitioner and he has assured ms that the request for saninq will
be upgraded to a SF-16 classification, 1 prefer that the tract remaln agricultural)
however, if the Denton Planning and zoning Commission and the City council agree that
SF-16 is a fair classification, wiI not object. Thank you, t
S{gna ure
Address
Phone,
~M.~... . ._..~~,7 _.90 ~ _ ~0 9x71..5" }
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Minutes
Planning and Zoning Commission
September 5, 1979 ,
1
The regular meeting of the Denton Planning and Zoning Commission was held
September 5, 1979, at 5 p.m. in the Council Chambers of the Municipal ;
Building.
Present: Marilyn Gilchrist, Robert LaForte, Linnie McAdams, Don Ryan, Bill
Brady, Andy Sidor and Richard Taliaferro, Staff members: John - jj
Lavretta and Charlie Watkins. 1
Absent: None.
1. Approve the minutes of August 15, 1979 meeting.
Mution was made by Taliaferro and seconded by Brady to approve the
the minutes as written. Motion carried unanimously.
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11. Public Hearings:
A. Z-1415.
This is the petition of Mr. Robert Nichols requestin a change in
zoning from Agricultural (A) to Single Family (SF-16? classification
on a 10.45 acre tract. The property is located along the south side {
of Teasley lane and south of the intersection of Teasley and Pen-
nsylvania Street.
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John Lavretta stated that this request was advertised as a 10.45
acre tract located along the south side of Teasley Lane approximately
3D0' east of Carmel Street. It should have been advertised as begin-
ning approximately /10' east of the Montecita Subdivision. Because
of this error the mail out to adjacent property owners included a
larger area than was necessary. Moreover, after receiving input
from neighboring property owners the petitioner decided to amend 1
the change of zoning request from Agricultural (A) to Single Family
4 f (SF.,16) rather than Single Family (SF.13).
Mr. Nichols, who owns this tract of land confirmed Mr. Lavretta's
1 remarks and indicated his desire to develop the tract for Single
Family (SF-16) use. Mr. Nichols indicated that the portion of his
G property between the Montecito Subdivision and the property, in this
request would be kept in Agricultural use in the foreseeable future.
No one spoke in opposition.
Jahn Lavretta stated that of 12 notices sent to property owners, 2
were returned in favor and 1 in opposition to the request. He re-
commended approval of the petition.
Commissioner Sidor asked if the person opposed to the change opposed
if on the basis of the original SF-13 request. John Lavretta replied
yes.
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Motion was made by Brady and seconded by Sidor to approve
Z-1415. Motion carried unanimously.
III. Considerations:
A. Consider site plan approval for a section of PD-17, motion made
by Brady and sconded by La Forte to table. Motion carried un- I1
animously.
B. Consider the final plat of Whill Addition. Motion made by
Brady and seconded by LaForte to approve with the condition
that the Planning and Community Development Department approved
dedication instrument be attached to the plat. Motion carried
unanimously.
C. Consider the final plat of East McKinney Street Addition. Mo-
tion made by Brady and seconded by LaForte to deny the final
plat. Motion carried unanimously.
D. Consider the final plat of Motor Addition. Motion made by Brady
and seconded by LaForte to deny this request. Motion carried
unanimously.
{ E. Consider the final plat of Uland Addition. Motion made by Sidor
and seconded by Brady to deny this plat. Motion carried unanimously.
F. Consider the preliminary plat of Southmont Addition, Section II.
Motion made by Sidor and seconded by Brady to approve this plat.
Motion carried unanimously.
G. Consider the final plat of Good Samaritan Addition. Motion was
made by Brady and seconded by LaForte to deny this plat. Motion
carried unanimously.
H. Consider report on upcoming planning projects. John lavretta
gave a brief report to the commission on upcoming planning pro-
jects. At the suggestion of the Chairperson Linnie McAdams, the
l planning commission decided to have a workshop immediately follow-
ing the September 19, 1979, meeting.
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NMI '
CITY OF DENTON
,
MEMORANDUM
TO: S. Chris Hartung A
FROM: Rick Svenla ~i
DATE: September 27, 1979
RE: Status of the University Construction Projects
1
Yesterday you adv Kd me of the Council's concern about the lack of com-
pletion of the french excavations in the University's contract. We dis-
cussed the shut down of all University operations until some paving of
ditch lines could be completed. After a review with our Staff, we deter-
mined that virtually 95 to 99 percent of the contractors excavation
activities have been completed. I indicated to you that shut down of
the operations would probably hinder the completion or continuation of
patching operations. We concluded that the best course of action was to
meet with University officials to gain further information about their
scheduling, in particular patching operations.
We met with the University Engineer, Jim Nash and one of his assistants,
Don Denny, at 3 p.m. yesterday. Mr. Nash advised us that indeed all ex-
cavation activities were virtually complete. He indicated that the
paving contractor would be movir,g in on Thursday or Friday to begin
preparations and hopefully begin laying patch material on Monday morning.
` He advised us that the University is also concerned about problems caused
by the lack of clean up and patching. He advised us that he felt the
contractor has been diligently seeking contractors to work on the patching.
The prime contractor has already hired three different contractors to try
to keep up with the excavation. The first two left after working only
several days, the third one has worked fairly well when he can get materials
or when lines have been completed and tested. The contractor-has had some
difficulty in testing some of his y-ater lines and it does take some time
to get the testing and samples back before the line can be made ready for
final pat0 ing. In some instances, the University has gone ahead and made
the contractor patch over the lines, particularly on Avenue C.
Over the last several weeks, we have instructed our own Staff to be extremely
conscientious of major holes and ditch failures that they see or that have
been called in. We have advised the contractor that we will not make our
inspections unless he makes a diligent effort to maintain his excavations.
f This last week we have received fairly good results from the contractor,
he is filling the holes as fast as he can get to them. They have brought
up extra machinery and extra laborers to do this work. The main problem is !
specifications in the contract make no provisions for any temporary type
of backfiil such as crushed rock. As soon as the holes or ruts are filled
E in, traffic over the area begins to erode the sand and make a new hole.
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page Two 71
Memo to G. Chris Hartung
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the fter d;scussing these problems and weighing all the alternatives, it is
the clean Staff's
upopinion finalthat
workshutting thedown ditches. Weoperations
wouldwill
suggestJust spthatlthe i
contractor proceed with all haste to complete the ditch repairs. We have
indicated this to Mr. Nash and advised him of the Council's concern about
this problem. We felt that it was mandatory that Mr. Nash give us an up-
date rogress
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night to advisehthes Coalso uncilagreed
on e the situation
and report on the progress being made.
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C1TV OF DENTON
MEMORANDUM
TO: G. Chris Hartung
1
FROM: Rick Svehla
DATE: September 27, 1474
7
RE: Mali Proposal
The Staff has been considering alternatives and financing proposals for
improving 283 as requested by the mall. Basically there are several
alternatives which I believe were mentioned to the Council. They are
for the city to accept the offer of the mall to fund up to a maximum of
$300,000. dollars for the improvements or assess all or part of the con-
? andudealnwitheither
laterdate
thenprobiemtat alater
date. tTheleave
Staffhhasloop vias it is
ewed all of
these alternatives and we feel that the second one is the best approach.
! As you know, the mall company has already invested or committed to invest
a large amount of money for traffic improvements. They have put up
$21,500, dollars for the design of the Texas u-turn at the underpass of
288 and 35. They have also committed to build the entire u-turn. The
Highway Department estimates that this u-turn will cost at least $270,000,
dollars. They have also retained the engineering firm of Carter and Burgess
to do the actual design of the loop widening at their own cost. Lastly,
as they mentioned in their proposal, they will be willing to set a ceiling
havefor
latched and will probably fexthe loo ceed theaallllofamoneynthat ethe
city would pay if we agreed to their proposal.
In reviewing the three alternatives, if the city decides to take no action
or deal with the problem at a later date, we would have no assurances that
i I the mall would agree to help us fund the improvements. If traffic problems
became severe the city would have to consider making the improvements at
its own cost. If present trends continue, there improvements would most
likely cost more than $300,000. dollars. We would also have to make these
improvements when the traffic problems already existed which would make it
1 much more inconvenient and probably more costly.
If we consider telling the mall that we expect them to pay for the improve-
ments totally, they may decide not to make any Improvements. They are not
tied by any agreements or ordinance to do so. In this case, we would be
faced with funding improvements at our own discretion again.
The last alternative is to assess same of the project to the land owners and
fund part of it with city funds. We would suggest this alternative. We have
checked through the records to see what has been assessed historically. In
1 past assessment to pro
$ ggrams for residential improvements the assessments have
ranged from $7 to $10 dollars per front foot. In the late 60's and early 70's
U.S. 380 was improved and an assessment of $10 per front foot was also made.
The Staff would recommend that we assess the land owners in this case at $10
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Page Two
Memo to G. Chris Hartung
dollars per front foot also. We would propose that we get the mall to agree
to limit our funding responsibilities to their $3000000. proposal minus our i
assessments. We estimate the assessments will be approximately $30,000. dol-
lars in cost and our ceiling for city participation would then be approximately
$270,000. dollars.
We have scheduled a meeting with the mall representatives Monday afternoon to
discuss these alternatives and other financial arrangements or possibilities.
The finance department should also be able to give you some better informa-
tion on the amounts of revenue that we feel will be generated by the mall im-
provements.
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CITYof DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) $66-8200
-M E M 0-
TOi King Cole, Asa't. City Manager
FROMi Dick R. Huck, Director of Parke 6 Recreation
DATEi September 18, 1979
SUBJECTt Agenda Items for the October 2
Council Meetings 1979 City
f
Contracts for Service from the Denton Chapter
of the Southwest Football Officials ABSOCia-
tion and the Denton Soccer Association for
officials/roferses,
4
In the
past we have used the officials from these As-
sociations and paid them on an individual basis every
two weeks.
It id the Staff and Boards recommendation that one
! check be made payable to each Association and then the
Association would inturn issue the check to their mem-
bers who officiated the said
~ games.
s
The Parka 6 Recreation Hoard reviewed this matter on °
August 28, 1979 and recommended that these contracts be
! approved.
( 1
Attached is the Agenda back up material. t
~iCY~ r
Dick R. Huck
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PARKS AND RECREATION DEPARTMENT ! d17-387.6146, 366.8270
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CITY OF DF.NTON
MMORANDUM
BATE OF MEETING: August 28, 1979
♦ ' M
• Con~r$C~ w3,# h~
` SUBJECTS r pa'f`.8o eG F `
(lI3;C¢gy` A9gt7 rr~•+11•'X.+~C , r;r OGtb 3'3'r f,r
-7
G
iI ,t •~„•Y
'"T r - ♦ rj 9++rm i r r ..r id a
i tt r.` ♦ ` r~ , r .Y -Sr\t/~ U,Tr L ~rti ~~~'y ~ iMT/<'4~'r~ffT/,,.d '1 r y Y 1 '1 ~ Orr srnv J,
SUMMARYe 'The C' iso'"tea 3 • rT~ , ' . `mot r e^
Qr~tract ~.o".d. }Q provride POOti~a31" '
r o'fffco toi• he YiSpth .F,co
tb`+~'i.?xQ9xa end the ~i '
wouYd fmakq one, Cf ak.p4Y~y e'bo y < x , ,
r•~ . . ,.1.7.i ` if J1sggY nr: ZF~" f ►,d / t'.i t. t...,
The 8 ta9f is preseh'}1 havi'n
Y g .#o redeioe, revlo+i,',e}heck, '
and then issue a check requisition, A contract wou18
save the Department and City time and money in Administrative
services.
FISCAL SUM}UM: Contract Estimated cost $1360.00 from budgeted
funds of the Parks R Recreation Department,
1 ,
ACTION REQUIRED: Recommend to the City to enter into a Contract
for Services and make a-payment to the Association
` and they will pay-their officials..
ALTERNATIVES: pay, each official by check Tequisition'every two
weeks as we are presently doing. Not cost'affective.
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STAFF RECOVMDATION: Enter into a Contract with the SPOA for f
service, i
Director
EXHIBITS - a. Sample Contract
b. Estimated Budget/Raco6d endition#
C. present Requisition Procedure +
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Ilh CONTRACT FOR SERVICES FOR
` :ENTON CHAPTER SOUTHWEST FOOTBALL OFFICIALS ASSOCIATION
STATE OF TEXAS
COUNTY OF DENTON
This Agreement made this the day of ,
Ig-, between SOUTHWEST FOOTBALL OFFICIALS ASSOCIATION, herein-
after call the "ASSOCIATION," and the CITY OF DENTON, here-
inafter called the 'Cf'Y,' each acting by and through its author.
teed officials, pursuant to the following terms and conditions:
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City agrees to pay to the Association 3 1360.00 J, and
certain fees and charges hereinafter described, for the City's
fiscal year 1979. Association shall submit in annual budget to
the City for approval which shall set forth on an item by Item
bests the fees and charges hereinafter described, and the above
3 1360.00 , the City will make one payment to the Association
1 on the 15th day of September, 1979 In the amount projected in the
annual budget. Amendments to the budget transferring money from
one item to another item can be approved if submitted to the City
on or before the 30th day of October, 1919. City shall make such
payments solely from current revenues in the budget of the Parks
and Recreation Department. Expenditures shalt be authorized for
a period from September 1 through December 1,
2,
Association agrees to provide the following services:
2.1 It shall provide qualified Football officials for all
a
City league youth football games and special games
that are sponsored by the Parks and Recreation De.
~ Dartment,
2,2 It shall provide supervision and trainlny of all of.
fitialS for the City youth league games,
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3. 1
The scheduling of games for the Football League shall be
as follows:
3.1 City shall schedule and approve all league games.
3.2 Scheduling of special game, and play.off games shall
be coordinated by the Association and the City.
j~
I 4. 4
Association agrees to the following additional terms and
conditions:
4.1 It will establish a separate bank account for depo•
J a
sit and expenditure of funds da,cribed herein to a.
void an
Y Occidental commingling of funds,
4.2 it will establish, operate and maintain an account.
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1nq system for this program that will allow for a f
{ tracing of funds and a review of the financial status
i of the program,
4.3 It will permit authorited officials for the City of
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Denton to review its books at any time,
4.4 It will reduce to writing all of its rules, regulations,
1114 polities and file a co
t DY with the Director of Perks t
and Recreation or his authorised representative along
with any amendments, additions, or revisions whenever
adopted,
,
4,5 It will not enter into any contracts that would en.
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cumber the City funds for a i
period that would extend i
beyond the term of this agreement,
,2,
ra tus
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i 4.6 It will prepare and submit a report of expenditures
and revenues to the Director of Parks end Recreation
or his representative by the lit day of December,
1
4., It t will
refund the balance of its account to the City I
of Denton on or before December 1S.
4.8 it will promptly pay all bills when submlttedt un.
less there Is a discrepancy in a bill which should
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be promptly reported to the Director of Parks and 1
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Aecreatlon or hit authorized representative for fur-
ther direction.
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4.0 It will appoint a representative who will be avatlable 1
i to meet with the Director of Parks and Recreation J
j and other Ctty officials when requested,
4.10 it will indemnify and hold harmless the City from any
and all claims and sulti arising out of the activities
of the Association, its employees, and/or contractors.
II
4,11 It will obtain releases from the officials which will I
release, Indemnify and hold harmless the City and the
Association from any claims, injuries, or damages of
the officials,
4.12 it will retain officials as independent contractors
and not as employees.
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f The general terms and conditions ere as follows:
3.1 If any of the terms and conditions are not complied i
I with by the Association, the City is authorized to i
refuse to make arty further payments until the con- I
dltlan on which the complaint it based is corrected t
to the satisfaction of the City,
f I
5,2 This contract shall be subject to all valid rules, reg• 1
c
ulations and laws applicablo thereto as promulgated
by the United States of America, State of ieaas, or
any other governmental body or agency having lawful
jurisdiction. S
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5.3 Association is authorised and should give any notices
required herein to the Director of Perks and Recrea-
tlon or that person's euthorlsed repres±ntativa, 1
S.A Any contributions or gifts receivad by the Associa-
tion are not Subject to the provisions of this contract
and they should be kept Separate and apart from the
funds, charges, and fees covered by this Contract.
5.5 Association shall provide Its services and be paid by
the City In the opacity of en independent contractor
and not as an agent or department of the City. it
shall have Complete control, supervision, and respon-
s1b1l1ty for its activities under this contract In-
eluding the hiring, Supervision, and control of Its
employees.
i J
IN WITNESS WERECF, the parties hereto, Acting under au• II
I ff'
thorfty of their governing body and Board of Directors, have caused 1
this contract to be duly executed In two counterparts, each of
which will constitute in original, as of the day of
I g_ ,
CITY OF DENTON
j
By
Lill' as , y
ATTEM
roo s o t, y acre ary
APPROVED AS TO PO M
ur o omllrtl y orney
DENTON SOUTHWESTERN FOOTBALL
OFFICIALS ASSOCIATION
By
onnte 0 1r s, res ant"'
ATTEST:
e
Larry rank; Secretary
I
t
I
CITYof DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 366-8200
EXHIBIT "B"
s
-M E M 0-
Too City Council Members
FROMs Parks 6 Recreation Board
1
DATES September 18, 1979
SUBSECTr Contract for Service for Southwest Football
Officials ASSociation
The Staff and Board would like to recommend that the
Parks 6 Recreation Department enter into a Contract for
Service with SFOA for the 1979 Football officials for
the Youth Football Program.
The contract includes 3 registered and trained officials
for each game 0 $10.00 per person, per gave.
i
Estimated Costs
f 4th c 5th Grade - 14 games A $30,ooo$ 420.00
i 6th Credo - 14 games 0 $30.00•$ 420.00
J 7th Grade - 14 games 0 $30.00• 420.00
j Total Official Cost
$1260.00
e Training 6 Assignment Cost l006"'
TOTAL CONTRACT COST $2360.00
1
Dick R. Huck
i
r
PARKS AND RECREATION DEPARTMENT / 817.387.6146, 566.8270
` ~xRwrt
I
EXHIBIT "C"
I
PROCEDURE FOR ISSUING CHECK REQUISITIONS
As the Umpires complete their Umpire Payroll sheet every two
weeks, it is submitted to the Parks S Recreation Department
office on Wednesr-2y, prior to payroll week for City of Denton
Employees.
The payroll sheets are reviewed, checked, and a check requisition
is typed for each individual umpire. This requisition is ap-
proved by the Director and them submitted to the Accounting De-
partment by 9100am the following Thursday.
The checks are usually rr.ceived back at our office the follow-
ing Tuesday or Wednesday. At that time the requisition voucher
is attached to t copy of the requisition and filed accordingly.
The checks are mailed upon request, and others are picked up
by each individual.
It takes approximately two weeks to complete this process of
issuing chec;c requisitions.
~r
f
3
I
f
j
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-IT
ty®tn#♦
II
it
CITY OF DENTON ~i
MEMORANDUM
I
DATE OF MEETING: August 28, 1979
t f I M' 1 f
,
SZE
56 SOCCAr ASab'`¢,~t~~~ 3z~'es¢_-cgt5xjriact ~If1:Cilt }.hAt [~a'Q}Pittj } /t'..J•~t , j t /
',1 } i. a.'a••' S`OQdei i~SD C'~ ~Il r~l N r r r•.Ir r 31 :n ?s rt✓t.- Y t ~ '11i
,.~i i I 't ' • ~ ~ ' 1 ♦J! r.a . / ,f ' iw j r: r xsa+s'47m♦i/rtU ~s.+«.~~it tl.. !F~ ~~~•t t~:
"Sr h'T~ •r1 ..T e.,.♦iti al} G• j`.} a. ~ r. n4' a✓,rt 'r i a. ,.r/~','~•}.
r • ~Il.♦ a4•~C.4 - qtr Y• •.♦a1 P~^.l Y.t
T*o SUhC9ARYs hive I,the Danto"ICiSaa'aer •ASS•oafation a<c3m~nistb,r~ t ♦
i Ziayillgrof Sdci;6t q~dl •..,M.•T 1`-Cit wd►1
.r~;t f r
.'1 • iJ ~I}.r r I4'~.`l•« ry 1d C`o4%
/ I ..r . x~th the rY.98O Ci,~t3Qfil.....rt F • 1 T s w♦i~ n 3 a ` I
• / .rl r r.. I>~• ate Yt ^ t, ~i ♦ •y`,1 II,
I 1
rISCAL SUKW3: Not to exceed $1500.00 annually.
Paid from the funds 'of the Parks 6 Recreation De-.
Partment Budget.
i
ACTION REQUIREC: Approve thj Contract.. f
h ALTERNATIVESi The staff would have to make-individual check to
each official which is not cost effective at this'
time.
STAi'P' RECO:MMATIONs Approve the Contract:
Director
EXHIBITS
i
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01
CITY of DENTON, TEXAS MUNICIPAL BUILDING i DENTON, TEXAS 76201 / TELEPHONE (817j382-96
-It E M 0- i
1
TOe Parks 6 Recreation Board umbers
FROM: flick R. Huck, Director of Parks & Recreation
DATEi A49ust 28, 1979
I SUBJECT. Soccer Association Referees Cost
in the 1979-80 Annual Budget of the Parks tr Recreation
De- partment, $1500.00 was incorporated for an annual contri-
bution to pay referees for the Denton Soccer Association,
The amount is used for the sole purpose of referees and "
the account would not exceed $1500.00 annually.
1 it is the recommendation that this service be handled by
II Contract bet;ieen the City of Denton and th6 Denton Soccer
3 Association Referees Association.
If
! s
io R. Huck
1
`r
PARKS AND REC,4E,ATION DEPARTMENT 817-337-1146
f~.+'r ek... . rya.-.+4k wawYMw.i Neil"M d4t1 Ye°i1M::Kre°11Ri6.l~wY~ki+~'~. k P ...ak+li
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CONTPACT Pox SSAVICra rox I
OINTOn soCCtx A39OCZATZON
eTATS Or rskAs i '
COUNTY or OXNTOM /
i
This agroement made this the
day of
1P between orNTOM rOCCIA ASSOCIATION, hereinafter call the
-I
"ASf OCIAT20m", and the CITY OF
OZNTOM, hereinafter Called the
"CITY", each aotlAg by and through Its authorised officials,
pursuant to the following terse and conditions, i
1
City agrees to pay to the Association 030300.00, GAB eer-
gain fees and charges hereinafter described, for the City's fir-
es' yeaz_1979.__Araoaiatteq.&hall submit ■n annual budget to the
City for approval which shall set forth oa an item by Item basis
I! I
the fees end charges hereinafter described, and the abave 010!00.00,
the City will zaka one peyseat to the Association ea the lot day
Of Octaber, 1979 in the amount projected In the annual budget.
City shall make such payeehts lately from current revenues is the
t
r
budget Of the Parke end Seareation Department, erpeadituree
shad be authorised for a period troy October 1, 1979 through
( saptember 20, 1980,
Association agrees to provide the following servicasi
2.2 It shall provide qJaltfled soccer officials for all
youth OeAque soccer lease pad special James that are
spehsored by the OeAtan Saeeer Association.
2.2 It shall Provide supervision and training of all at.
ficiala for the youth tugn• gases.
1.
Aeecclatibn ■9Csee to the 10110vis9 additional terns and
conditions,
4.1 It will eytpTlirh a tsparate bank account for deposit
and expenditure of fund* described herein to avoid shy
accidental commingling of funds.
4.3 It will eatsblish, operate, and maintain an aoconnt
system for this ;Coggin that will allow for a tracing
of funds and a review of the financial status of the
program.
4.3 It will permit authorised officials for the city of
Denton to raview its books at any time.
j
414 It will reduce to writing all of Its rules, regulations,
and policies and file a copy with the Dlrsator of Parka
and Recreation or his authorlsed representative along
with any amendments, addlttona, or revisions whenever,
adopted.
4.5 it will not enter into any contracts that would do-
cumber the Clay funds for a period that would aktand
beyond the teem aI this agreement.
4.6 it will prepare and submit a report of expaaditcros
and revenues to the Director of Parks and ksereatlas
or his representative by the let day of Dseamber, 1919
t
end the lot day of tune, 1910.
3 4.1 It will rotund the balance of its seeoune to the City
I of Jenson on at before June 1, 1f90,
4.0 It will promptly pay all bills when swbsittedr tn-
live there to a discrepancy in a bill which should be
promptly reported to the Director of Parks and R4cr4a-
tion at his authoglted representative far further dir-
f,
aCtlOA,
419 it will appoint a raprea•Atatlve who will be available
to meet with the Director of Parks and Recreation and
a0her 91ty officials when re9o4sted.
4.10 It will Indemnity and hold harmless the city from any
~sia"'°. ...._.«....a~.e~rrwaW++wrwt..+.irrvn:+e new
i
j
ryrr~
i
and all claims and suits arising out of the activities
of the Association, its employees, and/or contractors.
J
1.11 It will obtain relsames from the officials vhieh will
I
release, Indemnify and bold boggle s@ the city and the
f
Association from any claims, injuries, or damages of
the offiolela,
I.1I It will retain officials as lndepaadoot contractors
and not as employees.
e.
The general tares and Conditions are as follovs,
S.i It any of the terms and conditions or► not complied
with by the APAoclatton, the City to authorised to
refuse to Asks any turther payments Until the eonditlmn
I
1 on vbleh the complaint is based Is certeated to the
satisfaction of the city.
5,1 this contract Shall be su.-Slsct to all valid rules, tog.
Ulations, and love applicable therste-as prosUlgated
by the Valted states of America, atata of Texas, or any
other governmental body it agency having lawful jurie-
diction.
9.1 Association is outborised and should give notices to.
quirsd herein to the Director at Parke mad Aacroation
at that Poston's authorised rspru eatative.
5•1 Any contributions at gifts received by the tiseeeiatlan
are net subject to the previsions of this contract And
they should be kept separate and apart tram the funds,
charges, and tale covered by this contract,
I-% Association shall ,rovide Its snrvicas and be paid by
the city in the capacity of an laeopendent contractor
and not as an agent or depertaest of the City. It
shall have complete control, supervision, and tsapon•
sibillty tar its antivitlee aadar this contract in- `
cluding the hiring, eupervisiea, and control of its am•
ploydes.
+w .aawy.casew~l....rtrrew, ~
w a~
w
iM MITMKU MMKKKOt, the parties berets, acting under ac.
i
thorlty of their governing body and Board of Directors, have
caused this contract to be duly executed in two Counterparts,
each of which will constitute in original, as of the
day'
of 1s-
CITY IF DKMTOM
sy
bill Mae , Mayes
i
ATftsrl
IlIifI!
stock s so t, C ty secretary
i
APPAOVZO AN TO PO1W,
i
curt se again City Ateoeney
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` DtMTOM sOCCKK As/OCIATIOM
1
sr
Charles V. Keener, Pres dens
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k
ASSISTS
jibe MAN-ha, Trealurar
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bN1YPPa''"`. _.....r-.W~e NYWWMM IItYkWM:b:YNJr~4'44MYXW1.O ~MMIW~M,YMesw~.~+w....«.. _.~.....e.»..».......»+:..:..".r....n»a+•.rr..tiYyWy,WY
,I
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CITY of 0ffNTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566-8200
i
-M E M 0- t
I
TOe King C01e, Aes't. City Manager
FROHe Dick R. Huck, Director of Parke & Recreation i
f DATEi September 28, 1979
SUBJFOTi Agenda Stems for 'he October 2 , 1979 City
Council Meetings
Contracts for Service from the Denton Chapter
of the Southwest Football Officials Assooia-
Lion an-.s the Denton Soccer Association for
officials/referees.
i
t In the past we have used the officials from these As-
sociations and paid them on an individual basis every I
two weeks.
It is the Staff and Hoards recommendation that one
check be made payable to each Association and then the
4 Association would inturn issue the check to their mem-
f bars who officiated the said games.
The Parks d Recreation Board reviewed this matter on '
August 28, 1979 and recommended that these contracts be
approved.
Attached is the Aqonda back up material.
Dick R. Huck
1
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3
PARKS AND RECREATION DEPARTMENT ; 81?•387.6146, 56¢-8270
CITY OF DEMN i
XF•HORANDUN
PATE OF HESTING; August 200 1974
J. i. . yo. w y t , r t I • 4 .1 • Pia , f+
1 n . ft ~S v I}t. . •d. ✓4.. rrt
50JECTS ~C{onttaC~yw+lt~ ti~1►9 ,~u!!ty dh~~S :Sditcire6~, F'ovtDai~l' 1r t
1~'• r^•01 ~'i vry}'Ri,+s,Ar'~rttUr .v ~;i ~ti}Jt~1 tai' Ir*~•.~~~rSf;
' r r.:.r , `~a n•'sl~~ .Qlf3y,t'q''Aa~/~'J14'~'
'•'y',J i~. ; 1 !'1., ' J Y.41 1 J'.t1 V,} i.! h,'r; ` 1
t ' 1' ~.1 ' f r .t i.it t ~f, Arav y:r ;r.t r t i...a r~.
i.' .i.~ : r7n; sZ .i., f.^'!.1 '4?•
SUtPfARY~ The CQgtraot in oe.t}~a 9. e'_ti ; i ~ Tjs~ 4, s
o.:it . 'Eo PZ•' o'v ae •t'oo `~,'1'~
P,d
olL~cialfr !oY„t~helS( ytEri, F o~b~y'i iI,xQ tai Ann khA p
}could tmakq one.' cFiAa:.P.aYaktle bo t3~¢ AaAOd{aL3Qhs^,~ , t t , , n+w
'r .%ti, ~ ,1 . .rya. , ~
The etalf is preea~l' ly having .to radoiv6r 'ravieifefkeck,: '1
and then issue a oheoX requisition. A contract would,
save the Department and City time and money in AGministrative
services.
FISCAL SUH,NAAYs Contract Estimated Cost $1160.00 from budgeted
Lunde of the Parks & Recreation Department.
ACTION REQUIREDS Recommend to the City to enter into a Contrikot
for services and make & ,payment to the Association
and they will pay their officials..
ALTERNATWESt Pay, each official by check requisition every two
weeks as we are presently doing. Not cost'offective,
STAFF'RBCMMIDATION, Enter into a Contract with the SFOA for
service, ,
r ~ .rte
Director
EXHIBITS - a. Samole Contract
b. Estimated Budget/Reco"endition,
c. Present Requisition Procedure
i
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{
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SXNISZT •A+ I
CONTRACT FOR SERVtts FOR
DENTON CHAPTER SOUTHWEST FOOTBALLIOFFICIALS ASSOCIATION
STATE OF TEXAS
COUNTY OF Dr4,-ON E
This Agreement mode this the _ day of
10-- between SOUTHWEST FOOTBALL OFFICIALS ASSOCIATION, hereto-' {
After tall the "ASSOCIATION," and the CITY OF DENTON, here.
imafter called the "CITY, each acting by and through its Author.
lied officials, Pursuant to the following terms and conditions:
1. I
I
City agrees to pay to the Association !_1]60.00
and
certain fees and Charges hereimafter described. for the City's
fiscal year 1919, Associatlon shall submit an annual budget to
the City for approval which shall sat forth on an item by item
basis the fees and charges hereinafter described, and the above
f j~6D,04 , the City will make one payment to the Association
on the 1Sth day of September, 1819 in the amount projected In the
annual budget. Amendments to the budget transferring money from
E 1 one item to another item con be approved If submitted to the City
on or before the 70th day of October, 1919. City shall make Such
h payments salai-- from current revenues In the budget of the Parks
and Recrestlon Department, Expenditures shell be authorited for
a period from September 1 through December 1.
i
Assoclitlom agrees to provide the following services=
2.1 it shall provide qualified Football officials for all
f
I
t
City league youth fO3tball Was and special games
that are sponsored by the Parks and Recreation Da.
partment.
2.2 It shall provide supervision and training of all of. "
ftctals for the City youth league games.
i
7110 scheduling of ~amea for the Football League shalt be
as followsl
3.1 City shall schedule and approve all league games,
s.2 Scheduling of special games and playoff games shall
be coordinated by the Association and the City,
r
f
Association agrees to the following additional terms and
conditional s
f
1,1 It will establish a separate bank account for dooo-
sit and expenditure of funds described herein to a•
void any aceidentil commingling of funds, i
4.2 It will establish, operate and maintain an account-
ing system for this program that will allow for a
tracing of funds and a review of the financial status
of the program.
I
E '
4.3 It will permit authorised officials for the City of
Denton to review its books at any time,
4.4 It will reduce to writing ail of its rules, regulations,
and polities and file a copy with the Director of Parks
and Recreation or his authorised representative along
with any amendments, additions, or revfifons whenever
adopted,
4.5 It wilt not enter Into any contracts that would en-
cumber the City funds for a period that would extend
beyond the term of this agreement.
.2.
1
4.6 It will prepare and submit a report of expenditures
and revenues to the Director of Perks and Recreation
or his representative by the 1st day of December,
1979.
1
4.7 It will refund the balance of its account to the City
of Denton on or before December 15,
4.8 It will promptly pay all bills when submitteds un-
less there is a discrepancy In a bill which should
' I
be promptly reported to the Director of Parks and
Recreation or his authorized representative for fur.
ther direction.
4.9 It will appoint a representative who will be available
to most with the Director of Parks and Recreation
and other City officials when requested.
4.10 It will indemnify and hold harmless the City from any
and all claims and suits arising oit of the activiti4i
j of the Association, its employees, and/or contractors,
4.11 It will obtain releases from the officials which will
i
release, indemnify and hold harmless the City end the
Association from any claims. Injuries, or damages of
the officials. I
4.12 it will retain officials is independent contractors 4
j and not it employees.
t S,
The general terms and conditions are as follows:
5.1 If any of the terms and conditions are not complied
with by the Association, the City is authorizod to
refuse to make any further payronts until the con•
ditlon on which the complaint is based is corrected
to the satiifeotlon of the City.
5.2 This tontract shall be subject to all valid rules, rag-
ulations and law% applicable thereto is promulgated }
by the United States of America, State of Texas, or
any other governmental body or agency having lswful i
jurlsdictirn.
i
S•S A uotlatton !s authorized and should give any notices
required herein to the Director of Parts and Recrea-
tion or that person's authorized representative,
5.4 Any contributions or gifts received by the Associa-
tion are not Subject to the Provisions Of this contract
and they should be kept separate and apart from the
funds, thargas, and fees covered by this contract,
5,5 Association Shall provide its services and be paid by
the city in the capacity of an independent contractor r
and not is an agent or department of the City, it n
shall have cu-Plate contra?, supervision, and retpon-
%IbIIlty for its activlt(is under this contract in-
cluding the hiring, supervision, and control of its
employees,
l
IN WITNESS WEREOF, the Parties hereto, acting under au- k
thority of their governing body and Board of Directors, have caused
this contract to be duly executed in two counterparts, each of
i
which will constitute an original, is of the
1g.. day of
i
CITY OF DENTON
By
! MITTIST. ayo'r
~ Airfst:
i
roo s oY 3ecri{iy
f
APPROVED AS TO FORM:
Yr a ~ y '®r niy
DENTON SOUTNWESTERN FOOTBALL
OFFICIALS ASSOCIATION
Ily
Onn e o er f, raI a`nt
ATttST~
j
iirry rPTO- ecre dry P
f
owl
D
CITY of DENTON, TEXAS MUNICIPAL SUIL DING / DENTON, TEXAS 16201 / TELEPHONE (817) 566.8200
EXHIBIT "B"
-K E M 0-
TOs City council Members
FROMs Parka & Recreation Board
DATEi September 19, 1979
SUBJECTi Contract for Service for Southwest Football
Officials Association
i
The Staff and Board would like to recommend that the
Parks a Recreation Department enter into a Contract for
service with SFOA for the 1979 Football officials for
the Youth Football Program.
The contract includes 3 registered and trained officials
for each game 0 $10.00 per person, per game.
3
Estimated Costs
4th & Sth Grade - 14 games 4 $30.00-$ 420.00
6th Grade - 14 games 6 $30.00-$ 420.00
7th Grade - 14 games 0 $30.00-$ 420.00
Total Official Cost $1260.00
Training & Assignment Cost 100600
TOTAL CONTRACT COST $1360.00
Dick R. Huck
PARK. AND RECREATION DEPARTMENT / 817.381.6146, 566-8270
i
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EXHIBIT "C"
i
PROCEDURE ?OR ISSUING CHECK REQUISITIONS
As the Umpires complete their Umpire Payroll Sheet every two
weeks, it is submitted to the Parks 6 Recreation Department
office on Wednesdays prior to payroll week for City of Denton
Employees.
1
The payroll sheets are reviewed, checked, and a check requisition
is typed for each individual umpire. This requisition is ap-
proved by the Director and them submitted to the Accounting De-
partment by 9tOOam the following Thursday.
The checks are usually received back At our office ttM follow-
ing Tuesday or Wednesday. At that time the requisition voucher
is attached to t copy of the requisition and filed accordingly.
The checks are mailed upon request, and others are picked up
by each individual.
It takes approximately two weeks to complete this process of
issuing check requisitions.
I
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.lYAI
CITY OF DENTON
MEMORANOGN
DATE OF m=lNGt August 29, 1979 I
SUBJE • , fl` s . ay' a 1 ~q4a• =a'~ a.n
3000 Ar `AY 40j(4ti.o~" ir.9g~T o 'Sa~ct wl:tti:'},hl~. ~1'a1 ~ii •r ~S are:
C~iw'...rti e•. w;l~ f) Ia r•~ Ai. F , I •Y3 ` ♦ S w 1
'~'h .i r• .'"Y}Y ~~\:L'.e~`i i(1a,.~a'D
,!'w~
•`-ra-V .!-1.~1. ara•-T .F-•'kyft~~d+~N", .+a a.?.li h`ira .~R RY• ..i
"i•', i a. • ~ f 1 t h t' 1•!r!\ f . T il. ~M1~ r .:1_.a Y 147..1• ~1
l '1 T y 'MR fa.._=::IN 1•j~.~~s~...'j~r i.jlV ~j•.~ 1J'..L wr tia.'1 t~•
4 ~24
RUt4MRX`~To~hAvfloP_'the
' t X
bcc8r~a7~ 31s~.9;obte~io wont#dico~t
a irig _s *.~T~hfb itn i ~
a ~ ow#th 'the' e.$eoc•i,at3Ai%;,.:,1; Y , • •p} ~ ,1:~ . _
FISCAL SUMMAY1 Not to exceed $1500.00 annually.
Paid from the funds 'of the parks 6 Recreation De.. {
' partment Budget.
ACTION REQt1IREDt Approve the Contract.
ALTERNAMESt The staff would have to make individual check to
each official wyich is not cost effootivs at this,
time.
i .
•i
I STAFF RECO?L-1ENDATiONt Approve the contract.
I
r .
Director
r, •
=110ITS
~ i
•
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WY of DENTON, TEX11S MUNICIPAL BUILDING I DENTON, TEXAS 76201 / TELEPHONE (811) 382 9601
-It E M o-
T0: Parka s Recreation Eoard Members
FROM: [Sick R. Huck, Director of Parks A Recreation
DATE: August 28, 1979
I
SUcJECT! Soccer Association Referees Cost
i
In the 1979-80 Annual Budget of the Parks 6 Recreation
De- partment, $1500.00 was incorporated for an annual contri-
I bution to pay referees for the Denton Soccer Association,
The amount is used for the sole purpose of referees and
the account would not exceed $1500.00 annually,
It is the recommendation that this service be handled by
Contract between the City of Denton and the Denton Soccer
Association Referees Association.
I 4
is R. Uck
~i
w
t
PARKS AND RECREATION DEPARTMENT 817.337.4146
{
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CONTRACT ?OR SERVICES FOX JJ
019TOR SOCCER ASSOCIATION f
Jj
STATE Or TEEAS
w,.
COUNTY Or DENTON
This agresaent made this the day of
19~1 between DENTON SOCCER ASSOCIATION, hereinafter e111 the
"ASSOCIATION", and the CITY Or DENTON, hereinafter called the +i
"CSTY", mach acting by aad tbroigh its authorlaed officials,
pursuant to the following terse and conditional JJ
1
1.
1 City agrees to pay to the Association 11,300.00, and car.
tale tail and charges hereinafter daaeribed, for the CLty'a tis- '
I cal rest 1979 --Association shall submit an annual budget to the
~ City for approval which shall set forth on an star by Lto■ basis
the tees and charges hereinafter described, and the above 01,500.00,
the city will make one pay!aeat to the Association on the let day
i
of October, 1979 in the amount
projected in the annual budget,
9 City shall make such
i ~ PaYeaate solely tree aortaet revenues in the
~
budget of the Parke end Recreation Department. txpeadltures
t
shalt be authorlsod ter a period from October 1, 1974 through I
September 30, 1910, 1
AsaoetatieA agraas to provide the following servicosl `
3.1 It shall provide qualified Soccer officials for all j
tooth League soccer games end special wanes that are
sponsored by the Denton Soccer Association. 11';
7.0 It shell provide supervision and training of all of- 1
firia3a for the youth laaque Janes.
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resociation agresa .s the following additional terms and {J
conditional I
e.1 It will establish ■ separate bank account for deposit
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and expenditure of funds described herein to avoid any
accidental commingllnq of funds.
1.1 It will establish, operate, and maintain an account
system for this program that will allow for a tracinq
of funds and a review of the financial status of the
paagres.
I
e.1 It will permit authorised officials for the City of
Denton to review its books at any time.
4.4 It will reduce to writing all of its rules, regulatioas,
and policies and file a copy with the Director of tacks
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and Recreation or his authorised representative along
with any aneadments, additions, or revisions whenever,
adopted.
1.6 ir. will not enter into say toatraots that would ca-
comber the City funds for a period that would extend
beyond the term of this agraesect.
4.6 It will prepare and submit a report of expenditures
j
1 sad revenues to the Director of t%rks and Recreation
f or his representative by the lot day of December, 1919
and the let day of ,tune, 1960.
e,7 it will refund the balance of its account to the City
of beaten eh or before :644 10 1960.
e.6 It will promptly pay all bills when submitted) un-
less there is a deaerepaney in a bill which should be
promptly reported to the Director of tacks and Raerea-
tion or his authorised representative for farther dir-
action.
a.0 It will appoint a representative who will be available !
to mast with the Director of Parks ■nd Recreation and
other City officials xhon requested.
1.10 It will indemnify and hsid harmless the City trot any
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and all Claims and suits stiriaq out of the activities
of the association, its employsss, and/or contractors-
4.11 It will obtain releases from the officials vhich vil;
:.lease, indemnify and hold haralsss the City and the
Association from any claims, injuries, or damages of
the officials.
4.11 It will retain officials an indegendent contractors 1
and net sae ~.,_leyees. 1f
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The general terms sad conditions are at follovn
9.1 if any of the terms and conditions am not complied
With by the Association, the city is authorised to
refuse to make any further psysonts until the o«dition
on vhich the complaint is based is attracted to the
{ satisfaction of the city.
i 5.1 This contract shall be subisot to all velid rule raq-
i
elations, and lava applicable thereto•ar'prtaulgeted
by the United states of America, state of Teals, or any
other govermmactal body or agancy having lavfol Julie-
diction.
5.3 Association is authorised and should give notices re-
quired herein to the Director of parka and Recreation
( or that person's authoria d representative.
1.4 Any contributions or gifts racaired by the Association
I
are not subject to the previsions at this contract and
they should be kept separate and -part from the funds,
charges, and face co7sred by this contract.
d.s Association shall provide its services and be paid by
the City in the capacity of an indepeedent contractor
y
1 and not as an agent at department of the City. It
I1+ shall have complete control, supervision, and respon-
sibility for its activities udder this contract in-
cluding the hiring, supervisions and control of its so-
i
pleYsss. i
I
1 112Tnr// Ml fIItol, th• part!.. hereLC, aatiaq under tu-
RhoYityN
a! their govarnlaq body sad Daa:d a! Directors, paw/
caun d this contract to be duly executed is two couotar
pasts, ~
each of which will constitute an or!slaal as
of of the day.
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CITY of OXWTOW
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AYPAOVSO A! TO ►OSJI~ !
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DEMTON SOCCER ASSOCSATtOM j
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Planning Commission Recommendation
to the city Council
Site Plan Approval for a portion of PD-17
October 1, 1979
Planned Development (PD) zoning classification has a twostage review
r,1tt, secondly, review
procandedaccure acceptance includibyng fi the Ciy Council of a site plan, Planned Development
zoning permitting developme approval nt of the zoning and of a light industrial park on a large 121
acre tract on the east side of Woodrow Lane was approved in October, 1973,
The original tract has been divided and sold to several property uwneis,
each of whom will now be required to individually seek site plan review.
The Planning Commission reviewed the site plan Of the Motor Addition ct
its September 19, 1979 meeting, This is a one-acre tract on whl,:h is
proposed a 4,000 square foot building (see enclosed site plan). Vtllitlaa
are adequate to serve the site and a 35 foot dedication for Woodrow Lane
will be obtained, pending plat approval, approval of the site lansof theaMotornAdditioonniandoforward unanimously
this recommendation to the City Council for its review and actions.
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CITY OF DENTON
MEMORANDUM f
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DATE: September 21, 1979
TO: Mayor and Councilmen
FROM: Burt R. Solomons, Acting City Attorney
SUBJECT: Lawsuit Attacking Constitutionality of City Sales Tax
As requested, this item was placed on the agenda for final action.
Please see the attached documents which further explain this matter.
The City sales and use tax is a very important source of revenue to
us and as a member of TML it is my opinion that we participate in r
this lawsuit. Our contribution would be $814.81,
BURT R. 0 O~ HOONS
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TEXAS MUNICIPAL LEAG
Lul 1020 Southwest Tower Austin UE
Texas 78701 (512) 4781,601
F s of the Texas h2unicipat League
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SUBJECTi Lawsuit Attacking Constitutionality of the City Sales Tax
Tjxas cities are parties to what undoubtedly is the most important lawsuit in the
history of municipal government In this State,
On December 6, 1978, U. S. Steel (orporatlon filed suit In Travis Oounty District
Court, asking the court to find Texas' City Sales and Use Tax Act unconstitutional.
Allegations set forth In the Corporation's pleadings a1 a described in the attached
Texas Town & City excerpt,
I ~
{ j Recognizing the seriousness of this matter, the TML Board of Directors has
initiated action to assure that the cities are properly represented in the V. S.
Steel case. Accordingly, working through the Texas City Attorneys Association,
the League has retained the firm of Fulbright & Jaworskl to prepare the cities'
t answer to U. S. Steel's allegations. The Texas Attorney General will defend ',`PL
State's case in courtl TML's lawy,nrs will assist, I
While there Is no way of knowing the full cost of pursuing the U. S. Steel case
f through the trial court and up un final appeal, It is estimated that a minimum
of $2000 000 will be needed, -
It is the
purpose of this memorandum to request your city's participation in fi-
nancing our defense in the U, S. Steel case, A contribution In the amount of
one-twentieth of one percent of your city's 1978 sales tax allocation Is suggested,
According to the Comptroller's records, your city's 1978 sales tax allocation
was $ t t9 63~.og ✓
The proper method of calculating your city's pro-rata contribution to the U,
Steel proceeding Is to multiply 0,0005 times the city's 1978 sales tax receipts.
Therefore, if the city received $200,000 in sales tax revenues last year, its
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Pro-rata contribution would be $1000 computed as follows:
$200,000
x 0.0005
$10__-0.0000
If the city's 1978 sales tax receipts were $300,000, then:
$300,000
x- 0.0005
$150.0000
And so on.
All financial records maintained by TAIL relative to the U. S. Steel case will be
open for inspection at any time. Upon final disposition of the case, a complete,
accounting will be made, and any unexpended arnounts returned on a pro rata
basis.
Please use the attached form to advise the TAIL office of your city's intention to
participate in the cost of the ll. S. Steel case. Also, include on this form any
questions you might have regarding the lawsuit.
Encl.
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AUG 02 1979 '
CITY OF DENTON }
MANAGER'S UPICE
sr~
Texas City Sales Constitution. This is so because the
6+t 'J'utes so vague and ambiguous
as to su~Ject it to varying Inlerpre-
a Tax Invalid, nfshed- by /he Stale" ch ar Comptrole
This aspect of the law, which
places broad discretionary aulhor-
Plaintiff Charges ty In the hands of the Comp" niter,
also contravenes the Texas Cono".
because It represents aa
delegation of authority to
Texas' one percent city sales Is unconstitutional and discrimina• an administrative agency,
tax statute Is unconstitutional, Cory because II applies to sa es
Corporationaccording to. the United States Sleet made In clues where the 1 cent
local levy applies, but not to sales Status of the Suit
This allegation Is made In a in unincorporated areas or In clues to Thet 11sU S. Steel 13 expected
Suit filed by U.S. Steel December where the one unincorporated arse 3 tax has nos advisementI In Spring or se and
perc
18; asking the State District Court in bean adapted,
1979,
yr
Texas al Travis County toC require Texas By Its (allure, to establish an cart ncton withlcthesTexasia
Comptroller Pib ullack to refund equal and uniform System appll• Attorneys Association,- is gearing
city sates and use tax payments cable to all sales transactions up accordingly,
made under protest by the com• consummated In Texas in propor- City ofliciats Should be aware
pany since 1972. The broader , tton to the value of the property that the Seme baslo Issues raised In
h objective of the lawsuit Is to wholly i; Involved, the law thus denies the U.S. Steel case were resc'ved
Invalidate the Municipal Sales & stmilariysltuated taxpayers equal a alns local governments in a
Use Tax, which currently provides : protection of the laws, Art. Vlli,
more than $400 million to city Section 1, U.S, Constitution ratan. Ohio case, N.W. rn 15. In
Amerodu-
governments across the State. Additional. the com an al- Tarr Y. Lindley, 378 ,W 2d e, In
Local Use Tex Unconstitutional loges, the law results In the takln the American Modularo cane, the
of property without due process ate a Ioca1 0 N urt o~rerturned the 00
ong other conlentfons, U.S. and Thus violates Section 1 of the D on county sales tax
Step leAmpleadtnga allege that the 14th Amendment to theU.S. tlonalanddlscrilrlrlnapeynconsltt0
use tax portion of the Act Is t
patently unlawful and unconstitu-
tional. Record City Sal
j Under the Act, if a person e
purchases an Item m outside Texas 5
and then stores, uses or consumes
such item In a city where the 1 cent Receipts
tax Is Imposed, a total tax of 5 Tax Cited
percent (4 percent elate, one
'
' percent local) must be paid. How•
ever, if the same Item Is purchased State Comptroller Bob Bullock has reported that Texas titles wilt
in a city where the 1 cent local tax receive more than $424 million in 1978 from the one percent Local Sates &
Is DX levied, and then Is stored, Use Tax, This amount Is $63.2 million-17,6 percent-more than the cities
used or consumed in a city where received In 1977.
the one percent tax J1 levied, only These statistics were Included in Bullock's announcement of $74.9
the 4 percent state sales tax Is million In December allocations to the 900 Texas citles currently Imposing
applicable, the t cent levy.
Therefore, the company claims, The one percent munlclpal sales tax i3 collected by merchants and
} Since the same item could be other sales !ax permit holders along with the 4 percent state sales tax, and
i ( subject to a 4 pe:cenl tax In one Is rebated monthly to cllles in which II Is collected by the :om troller
city and 5 percent In others the Sales taxes grow P
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, e w,th the economy, and
Local Sales & Use Tax Act Imposes of the past few years have caused collections the o of IthegI cent) city r ivforces
y to
N a heavier burden on merchandise municie at quantum rates. The following summary of 1972y 1971
purchased outside Texas than In- these coal sales tax allocations to 12 cities selected at random clearly show
aide. The law thus discriminates
against Interstate commerce In
favor of Intrastate commerce, and ,
l violates Intrae a Section e, clause 1916 1972 1 Cent Sales 1911 1 Cent Sates t
3 (Interstate Commerce Clause), of E't' POP Tax peeelple tax petetpla % Irkneee
the U.S, Constitution. Afso, since
Houston 1'341'000 36,385,41 1213621537
the act treats slmllartysituated Austin 09% `
r taxpayers differently, it violates Abilene 94,E 5.030,155 12,111,412 104
T Arllost Vill, Section 1, U.S. Constl• Piano 63"'~ 1,511,101
63,000 263,561 3,419,253 10<
t! 224
lutlon, which guarantees all per- Wage Station 41,200 100,340 015'143
sons the equal prolecdan of the Orange 26,035 626,043 241
€ laws. Borger 15,600 385,412 738,599 pt
Conroe 256,651 625,454
Local Sehe Tex Unconslllufional Conrgelown 111%99 435,671 092953 1204
81,000 I
26
5
61,041
U.S, Si x31 also contends that Aockporl 5,500 53,175 209,101 130 Troup the local ales tax portion of the act Manor 1'0B9 04,9!9 167,902
59
969 4,ll04 S9,3f0 S5
otccnlsse ten 7,123 5s
r~ W
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.
(t) Our city will participate in the cost of the v. S. Steel lawsuit.
Our check in the amount of $ Is enclosed.
(2) Questions or comments:
j
Your name and title
City of
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CITY OF D£NTON j
MEMORANDUM
TO: Mayor and Members of the City Council i
PROM: Bill Angelo, Administrative Assistant
DATE: September 27, 1979
1
SUBJECT: Agenda Item #9 - Emergency Radio Equipment
This item was placed on the Agenda by Mayor Bill Nash, and
will involve a request for emergency radio equipment to be
used in conjunction with the Civil Defense Skywarn pragram.
I have included for the Council's information a memo from
Civil Defense Director John Maxwell which describes the
mspecific
it Is my understanding that the request will include
a portable radio unit (walkie-talkie) for the Director's
use, This unit will cost approximately "400, bringing the
total dollar request to approximately $3,400,
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Dccci) DENTON CITY-COUNTY CIVIL DEFENSE MUNICIPAL 6UIL"G, DENTON, TEXAS 76201 I
MEMORANDUM
TO: Bill Angelo, Administrative Assistant
FROM; John G. Maxwell, Director Civil Defense
DATE: September 27, 1979
SUBJECT: Equipment for Civil Defense i
The foltowing items wore included in the supplemental package
for the 1980 budget As per your request, here is the list of
radios needed by Civil Defense,
1. A synthesized two-meter radio to use when we have price
eevere weather storm warnings to give us the ca
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acit
of u p
Y sing different base repeater stations in
case one gets knocked out by a storm,
2. A ham radio to replace the one now being used which
is owned by me, $11 500
3, A spare antenna mast to have on hand in case a
severe storm destroys the existing tower on City Ha!! $ 600 9
which has antennas on It for Police, Utilities, Sheriff,
and Civil Defense rad:u systems.
John 0, Maxwell
J JGM;aah
WWI
MEA10RANDUM
T0: All Council Mcmbers
From: Burt R. Solomons, Acting City Attorney
DATEi September 27, 1979
RF: Charter Revision
h Per your authorization, I have contacted the law firm of Saner,
Jack, Salinger & Nichols in Dallas.about our matter charter fter r as
They have expressed a willingness to help us on this
ae
sort of an independent consultant". This
'f has an excellent reputation in thn area of municipalrlawwandrm
they represent several cities in this area (i.e., Richardson,
Carrollton, Flower Mound, eto.). If the Council is interested
in this approach, I am sure someone from the firm would be most
happy to meet with you.
Meanwhile, I have attached a copy of Article 1170 which will
provide you an idea on time factors to be considered.
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Art . o omons ?
Acting City Attorney
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Art. 1170. Amendments
When the governing body desires to submit amendmen's to an
I in chador said hod ma on its own motion, In the nEence oTa
poll and at.~, upon receiving a petition signed by qualified voters
In such city, town or political subdivislon In number not less than five
per cent (5%) thereof or 20,000 signatures, whichever Is less, aubmit ,
an ro osod amendment or amendments to such charter. Ills
pr Inance prov dingy for lie su mss on oT suc ah men ment or
amendments shall ®r ufre the submission thereof at an election to 6e
held not less than b 3 ays nor more than ninety ays a er
he assa a of said ordinance. 11 the next ro ular munlctpal efect_lon Is
!o be held during paid eriod, ho subn oTald amendment or '
amendments shall be at such election. Olhenvlse a, __._spoclai election
shall be called for the Pu_pose. Notice of the election for the
submission o' Bald amendment or amendments shat be given by
pQ biicatlon lhereo In some newspaper o genera c rcu a rn
ed In said city, onto same ay in oac o two succ' emve
weeks: the date of the first Publication to be not less than fourtoen 141
da s riot to the date sot for said election. The form oll such no ono
s all bo as prescr b ty the govern ng ody or as may be otherwise
proscribed by law, and shall Include a substantial copy of the
Proposed amendment or amendments. Every amendment submitted ;
must contain on y one Bu eUan '1n preparing the ballot for such
amendment, It shall be done In such manner that the voter may vote '
I "Yes" or "No" on any amendment or amendments without voting
"Yes" or "No" on all of said amendments. Each such proposed , .r
amendment, If approved by the majority of tho qualiflad voters voting ' • • ;
at said election, shall become a part of the charter of said city. No
amendment shall be considered adopted until an official order has been \
entered upon the records of said city by the governing body thereof
f declaring the same adopted.
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CITY OF DENTON
MEMORANDUM
f
DATE: September 25, 1979
TO: Mayor Bill Cash
FROM: Burt R. Solomons, Acting City Attorney
SUBJECT: Conflict of Interest i
Please find attached the opinion on conflict of interest that
you requested several weeks ago. I apo'iogi:e for having taken
so long to render this opinion which is somewhat lengthy, but
does define the current state of affairs on 'conflict of
interest" for the City of Denton. Future such opinions on this
subject shall be limited to the Spec ifi,: facts of particular
alleged conflict of interest.
BUST-P P. SOLOMONS
Attachment
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CITY OF DENTON /
MEMORANDUM r
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DATE: September 25, 1979
TO: Mayor Nash
FROM: Burt R. S010mons, Acting City Attorney
°UBJECI: Conflict of Interest
You have requested my opinion regarding whether a possible
"conflict of interest" may exist in your situation of serving as
the Mayor of the City of Denton and (1) the performance of
engineering services for clients on tracts of land wht.h Dome
beoreaitheanCity Council for a change in zoning or final plat
(2) being a landowner requesting a change in
zoning or annexation by the City.
To begin with, we must determine what the "
interest" includes. It should be obvious thathaase conflic! of
must avoid a position where his punter official
conflict with his private pecuniary interest might
public duty, local government officials have
an obligation to serve the government with the highest
fidelity, good faith and integrity, It is the policy of the law
to keep the official so far from temptation as to ensure his
unselfish devotion to the 1
which the punter interest. The evil agsins!
improperly exerelsed,isbuti aelso din icreating ron5it to influence '
to weaken public confidence in the integrity of publiceservice.
I Statutes and charters regularly re-Infore the common law nd
prohibit local government officers fromc becoming involved ein {
conflict of interest situations. State statutes banning
conflict of interests can be supplemented by local government
conflict of interest provisions, either in the form of charter
provisions or ordinances. Because the hrae M
interest" relates primarily to an officer's Interestt in
municipal contracts, dual civil offices and nepotism, many
municipalities define by charter
"conflict of interest" to include ethicalVestandards of tconduct
for its officers and employees. The City of Denton, to date, i
has not adopted such a code of ethics for its officers and
employees, The City relies, therefore, on the common law
admonition against conflicting interests, applicable state
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Mayor Nash
September 25, 1979
Page Two
statutes, court decisions, opinions of the attorney general, and
its own charter provisions to define and determine if a
"Conflict of interest" problem exists for one of its officers or
employees.
The applicable state statute and city charter provisions
provide, in pertinent part, as follows:
SECTION 2,02 a}(5}, C1TY OF DENTON CHARTER
a ach member o e count , n a ion to
having) the other qualifications prescribed by
law:(5) ShalI not be interested in the emolu-
ments of any contract, job, work or service of
or with the city, or interested in the sale to
the city of any articles, materials, supplies
or equipment; and
SECTION 14.04 CITY Of DENTON CHARTER
No o cer or emp oyee o e City of Denton
shall have a financirl interest, direct or
indirect, in any contract with the city, or be
financially interested directly or indirectly,
in the sale to the city of any land, materials,
iI supplies or services, willful] violation of
this section shall constitute malfeasance in
office, and any officer or employee guilty
f thereof shall forfeit this office or posttlon.
f I
ARTICLE 988 TEXAS REVISED CIVIL STATUTES
o mem er o e c y count or I
any offer officer of the corporation, shall be
directly or indirectly interested in any work,
business or contract, the expense, price or
consideration of which is paid from the city
treasury, or by an assessment levied by an
ordinance or resolution of the city council,
nor be the surety of any persur having a
contract, work or business with said city, for
the performance of which security may be
required, nor be the surety on the official
bond of any city officer.
i
I have carefully researched available AC opinions and find none {
to be on point. Case law is also somewhat lacking in providing
direction with the exception of woolrid a v, Fols 2d
om, 564 S.N.
471 (Civ. App. - Dallas, 1978). `Tn9t~n-f case, the Court
of Civil Appeals in Dallas affirmed the trial court's holding
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Mayor Nash
September 25, 1979
Page Three
that Article 988 applies only to municipalities incorporated
under the general laws of the state, not to those with home-rule
charters adopted under article XI, section 5, of the Texas
Constitution, and that the matter of conflicts of interest on
the part of municipal officers is completely covered by the
charter of the City of Dallas and ordinances enacted pursuant to
the charter, particularly the city's code of ethics for
mun~iciI officers, Thus, one court as said that- where a
omh - r_e MyTi charter and ethics code guard against conflict
of interests (the state statute contained nothing that was not
also covered by the charter and code), citizens must bring their
action against the public officer for alleged Conflict of
interest under local provisions, rather than under state law.
It would appear that the Dentoi charter provisions contain
comparable language to Article 988 in restricting and
prohibiting muniripal officers from being directly or indirectly
j interested in city contracts. However, the said charter
provisions go no further than Article 988 to otherwise define a
"conflict of interest" (we are not concerned here with the
problem of dual civil offices). Moreover, the situations to
which you refer do not actually fall within the language of the
J{ state law or charter provisions , but rather are governed by the
general common law and public policy considerations on conflict
of interests by public officers. Therefore, this opinion is
predicated on those guiding principles in law rather than the
language of Article 988 or the Denton Charter provisions.
It is we 11 established that not all interests of local
government officials will bring them within an impermissible
conflict of interest situation. Unless specifically prohibited
by statute or ordinance (such as municipal contracts, dual civil
offices and nepntisminterests that are only remote,
speculative, uncertain, or insubstantial should not prevent
~E public officials from dealing with community problems. To
disqualify, the personal pecuniary interest of the official must
be immediate, definite and capable of demonstration; not remote,
uncertain, contingent and speculative, that is, such that men of
ordinary capacity and intelligence would not be influenced by
it. As eloquently stated by a court In New Hampshirei
"The area of matters on which alderman and
other legislators must pass is of such wide
range that almost every legislator whether he
be in a private or public calling or in
neither, must inevitably have some interest
which may conceivably be affected by some
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Mayor Nash
September 25, 1979
Page four
legislative proposal. It follows that, if
every possibility of conflict, no matter how
remote, uncertain, contingent, insubstantial or
speculative, were cause for disqualification,
many persons who are peculiarly suited for
public office by the very reason of their
commercial or professional experience would be
prevented from contributing their services to
the community." See, Atherton v. Concord, 109
N.H. 154, 245 A.Zd 387 .
This sort of reasoning, therefore, leads me to find that in both
situations which you describe a disqualifying interest is
present; however, such a conflict of interest may be cured by
simply abstaining from the discussion and voting on the issue
before the council. It would be unreasonable to hold otherwise
in the absence of an explicit prohibition or restraint by
statute or city ordinance. Abstention from discussion and
voting on the particular matter constitutes, in effect, a
temporary resignation for limited purposes and would cure the
' potential for conflict. Furthermore, it would be improper to
personally appear before any board or commission in which you
participate in appointing, Such an appearance on behalf of
yourself, or a private client, brings with it the presence and
powers of your office and could create doubt in the public's
mind as to the impartiality of the board's decision. On the
other hand, you may deal with municipal employees on engineering
problem,, etc., provided however, that such appearances are not
intended to unduly influence or receive any special treatment
j for the interests of private clients.
SUMMARY
In the absence of a state statute, charter provision, or City
ethics ordinance specifically construing or restricting the
situations lascribed, the rules of common law and public policy
on "confli4ts of interest" by public officials apply, and,
therefore, abstention from discussion and voting sufficiently
cure whatever potential conflict exists.
IUKI Ka 5VLQ7M
BRS:,is
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CITY OF DENTON
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: Bill Angelo, Administrative Assistant
DATE: September 27, 1979
SUBJECT: Agenda Item #12 - Progress Report for Wastewater
Treatment Plant
As you know, there have been some ,ignificant developments
in regard to our Wastewater Treatment Plant Step III Grant.
Members of the staff are presently meeting with state and
federal officials in Austin concerning these developments,
The outcome of this meeting will be reported to the Co+,r,eil
at the Tuesday night Council meeting Any will be hand delivered to the Council prior wtotthatrinfeting
Therefore, no backup material will be included in the Agenda
packet,
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COUNCIL AGENDA ITEM I
SUBJECT, Consider Payment of Engineering Fee to Freese and Nichols
for Wastewater Treatment Plant Design-' ~~4~~~~~,~~„~w,,w~,,
SUMMARYs On Auguat 30, 1979, the Utility Department staff received a
letter from the Texas Department of Water Resources indicat-
ing that the plans and specifications for the Wastwater Treatment
Plant expansion project had been approved. The letter further
stated that a final paymenh request for the Step II portion of
the grant could be submitted. The payment request is currently
being prepared and will ue submitted immediately upon completion.
In addition to the payment request, Freese and Nichols, Inc.,
have submitted their statement for professional services in
connection with the preparati,,n of the plrns and specifications.
The statement amount is $283,622.00 which concurs with the
amount specified in Amendment No. 3 to the Freese and Nichols
Contract for Engineering services executed on February 21 1977.
FISCAL SUMMAM
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Step II Engineering Cost $283,622.00
Source of Fundes
Sewer bond Finds 1 ,
"Reimbursement from GPA....... $2a30716.0
5
(75%) $212` 'x16.50
NET COST TO DENTON (25%) $ 70,905.50
ACTION REQUIREDi
Recommendation to the City Coun7il to approve payment to Freese
and Nichols, Inc.
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ALTERNATIVESs
1. Recommend a
pproval of payment.
2. Deny approval of payment- This could result in unnecessary
delays to the timely progress of the project. ,
STAFF RECOKZNDATIONs
The Utility Board will most on 9/27/79 to consider this item. '
The staff recommends that the Freese and Nichols Inc., payment
request in the amount of 6283,621.00 be made.
F
Robart E Nelson
Exhibitst I-lettor from TDWR Director of Utilities t
11-Statem0nl• from Frsoso i Nichols i
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T::,A.i V.iiZ:1 CEVE! l;VV ':l, 30 OM v TEXAS'INAMt CO\I\ISSS:ON
A.:.. 'a.i rt:n rn ~.b ~ i\ Fait 11[I7cnJ~tf. G!t,N rn~n
:n '4.':., r: at. r°,•„r,•.•, anrsar a. Hatd.m.n
*tr.a •.u f,>•: K. Carroll ,
" August 30, 1979
»..._..wra +......J..r......»M[ w,M. « u+wa ~+rs+d.rr r ~a6i~~l.lydfl~ «406FAd ~1!§Nit9k i..+~rrCwvilK!►i~t
Mr. E. E. Jones
Water b Sewage Superintendent
City of Denton
215 E. McKinney Street
Denton, Texas 76201
Dear Mr. Jones:
Re: City of Denton C-48-1188-01-2
Plans and Specifications Approval
The plans and specifications for your wastewater facilities project have
been approved, and a copy is being returned under separate cover. You
will be authorized to advertise for bids after award of the Step 3 grant
and when a current wage decision is issued for this project. Current wage
rates and the latest EPA Supplemental Conditions (CG-185) must be included
in the specifications when bids are opened.
Approval of the plans and specifications is not a commitment by the
U. S. EPA to award a Step 3 grant, but you may submit a payment request
t for the remainder of the Step 2 grant if you have not done so.
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We note that the total approved capacity of the treatment plant expansion
is 12 mgd. The plant consists of an activated sludge treatment plant with
tertiary filtration and anaerobic digestion. The project also consists
{ of the Pecan Creek relief interceptor and Audra lane sewer lines.
( All construction items shown on the plans are considered eligible for
I ! federal participation with the exception of service connections, referenced
as items 37 and 38 in the proposal. Please make the approved plans and
specifications available at the construction site for the contractor
and state and federal personnel.
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Mr. E. E. Jones
Water d Sewage Superintendent
August 30, 1919
As you are aware, these wastewater facilities, when in operation, must
produce t}le quality of effluent soarifia~ kv„'ti~ .
o,rvu,u it oecome necessary to discharge raw or partially treated
sewage during construction, please be advised of the following requirements:.
a. The city should submit an application for authorization with
justification, time schedules, and alternatives to minimize
and control the discharge to the Executive Director of the {
Texas Department of Water Resources (TDWR) at least 30 days !
before commencement of any discharge of untreated or par-
tially treated wastewater.
b. S1:ch application must be in accordance with Texas Water
Development Board Chapter XIX, Rule 156.19.10.001 (formerly +
Texas Water Quality Board Order No. 75-1125-6).
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C, Upon receipt of the application, the TDWR will consider JJ
apporovalrdingly bbypformaassing du
letter construction and notify you 1
This letter is addressed to the aspect of adequate collection and treatment
of wastewater before discharge to the waters of the State of Texas and
should not be construed as pree otfng any approvals that may be required
by other federal, state or local governmental agencies.
If you have any questions regarding these matters, please feel free to
contact Mr. Melvin Hodgkfss at (512) 475-1190.
Sincerely,
Emory G. L ng, Director
Construction Grants and Water
f Quality Plar-ing Division
MBH/afs
cc., Environmental Protection Agency, w/enclosure
Texas Department of Health Freese S Nichols, Inc., Fort Worth
I U. Si Army Corps of Engineers, Fort Worth
WQ Dstrict !4
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DINON W. FR[E!G ► [ 1
JAMF7 R. NIGlpLG /.t. '
RODt-'f l NICNOLD, /.L '
.IOC "►.L
INC. JONtl,
pEB651 AND NICHOLSiRr
C RODMr A. TNON'tON 111, ►.L
C O N S U L T I N G E N 6 I N E i A S Jot ° M„rcD, ►t
W. [RNEH tItMVNT• r.L
August 8, 1979 JOHN79-Cr='?r."L*.
T, ANTHONY A VD. ►.L
CARY K REVVED, I.L
,s.:J~'f V.J"aJ'.:J1l~,IY ~~'J.~fJ'I,f~f.I:.-IlJnlfli\JfJ.•'f: M:V •1J..•VI V'Y~V. N-1f -'~City of Denton
Municipal Building
Denton, Texas 76201
Attention: Mr. Robert E. Nelson
Director of Utilities
Re: Plans b Specifications
Wastewater Treatment Plant.
Interceptor Sewers
C-481188
DTN 77088
DTN 77089
(Gentlemen:
We submit our statement for professional services in connection with the
preparation of design, plans and specifications for improvements to the
wastewater treatment plant and Phase I of the interceptor sewers in
compliance with Step 2 of the EPA grant in accordance with the Amendment
No. 3, dated February 2, 1977 to the contract, dated August 12, 1969.
We request reimbursement in the amount of $283,622.00 for the completion
of the plans and specifications and approval of these plans by the Texas
{ Department of Water Resources as reflected in the letter, dated August 1. i
1979.
`i Yours very truly,
FREESE AND NICNOLS, INC.
+ R. A. Miller
RAM;ma
Enclosure
Ti LO►NON9 8 17 7][•7101 0 11 L A M A R 5 YR[[T FORT WORTMI T011A0 16109
STATEMENT 11
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FREISE AND NICHOLS, INC. ~
C O N S O t T I N G i N 6 1 N i i A 1
To: CITY OF DENTON
DATE: August 8, 1979
ACCT. No. DTN 77088
DTN 77089
PROF ESS11. NAt S EAVIC E: In connection with preparation of design plans and specifications in-
compliance with Step 2 of the EPA grant for the construction of
improvements to the sewage treatment plant and Phase I of the
interceptor sewers in accordance with Amendment No. 3, dated
February 2, 1977 to the contract, dated August 12, 1969, as amended
December 13, 1974. (C-481188)
Design, Plans and Specifications
t Step 2 - Lump Sum $283,62200
TOTAL FEE EARNED $283,622.00
LESS PREVIOUS PAYMENTS 0.00
NET AMOUNT DUE $283,322.00
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Fat iPH ON a 117 236.7161 111 LAMAR iTA111
10 AT WOITN, Ti7fAjf610i j
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CITY OF DENTON
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: Bill Angelo, Administrative Assistant
DATE: September 27, 1974
SUBJECT: Agenda Item #14
This item was placed on the Agenda at the request of City
Manager Chris Hartung, and will involve an oral presentation
on the proposed annexation of land north of the City. The
Council is fully aware of this proposal and will not be
expected to take any definite actfoin at this time. Therefore,
no backup material will be included in the Agenda packet.
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CITY OF DENTON
MEMORANDUM
DATE OF MEETING October 2, 1979
r
v, AGENDA ITEM Bid i 8683 Aluminum Wire
SUMMARY:
This bid is for 477 MCM, AAAC Aluminum Wire used for the overhead
transmission lines in the Electrical Distribution system. The quantity of
50,000 pounds or 100,000 feet is approximately a six month supply based on
current work orders plus some miscellaneous projects.
FISCAL SUMMARY:
This aluminum wire is a working capital warehouse inventory item
and will be funded from working capital inventory account number 01-98-97-08.
Tha using department will be charged for this material as it is used and not
required to pay the full $45,500.0 at one time.
ACTION REQUIRED:
j Approval by council and award of bid.
ALTERNATIVES:
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1. Approve as recommended by staff. i
2. Reject all bide.
RECOMMENDATION: E
}
We recommend this bid be awarded to the lowest bidder meeting
specifications of Temple, Inc., in the amount of $91.00 per hundred pounds j
or $450500.000 FOB Denton, Texas, terms, Net 30 days with a 12 week `after ;
receipt of order deli4ery schedule. '
EnIBITS: !
Tabulation Sheet
Tom D. Shaw, C.P.M.
Asst Purchasing Agent
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BID t 8683
BID Aluminum dire I
raybar WESCO Temple,Inc Electrica Prlester Cunanins Nelson
OPEN 9/21/79 Dist.
Prod.
,
ACCOUNT- 405-98-81-08
QTY. ITEM DESCRIPTION VENDOR VENDOR VENDOR VENDOR ENDOR -VENDOR- VENDOR
1. 50/M 417 AAAC Aluminum Wire $99.28/c $95.67/c $91.00/c $93.34/c $97.00/c $95.58/c $102.00/c
oun s 1
Delivery 20 wks. 10 wks. 12 wks. 10 wks. 16 wks. 10 Wks. 10 wks. ~JJ
FOB Denton Denton Denton Denton Denton Denton Denton
Terms Net Net Net Net Net Net Net 1
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CITY OF DENTON
MEMORANDUM
DATE OF MEETING October 2, 1979 -
AGENDA ITEM 83d 0 8687 Telesco in work Platform
SUMMARY: J
This bid is for the purchase of a portable air lift upright
telescoping platform. We have used a small portable platform at the Civic
Center that is rigid and always in the way. The new unit is to replace
that original one.
FISCAL SUMMARY:
This unit is to be paid from 1978-79 Parks and Recreation budget,
ACTION REQUIRED:
Approval of bid by Council.
AiTMMATIYSS:
Reject bid and use old unit or rebid,
STAFF RECOMMENDATIONr end the only biddereformthe amount a of of this bi
$5,152.OOa t Estimatedt cost Scaf!olds
$4,700.00. Dallas
sent this bid out to five prospective bidders with proper advertising and re-
ceived only the one qualifying bid from Up-Right.
A?urcnh=8 sh Agent
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CITY OF DENTON ,
MEMORANDUM
DATE OF MEETING October 2, 1979
AGENDA ITEM Bid 4 8686 Janitorial Service at Rec. Centers
SUMMARY:
This is for the complete Janitorial service scheduled each day, week,
and month to clean, wax, etc. Tt.!.s bid includes a complete detailed list of
job duties and preformances. This bid and contract is for one year to be billed
and accepted after preformance each swath.
FISCAL SUMMARY:
Regular budgeted item for 1979-80. This is for the low bid of $800.00
monthly, a yearly total of $9,600.00. This is the same as last year.
ACTION REQUIRED:
Approval of low bid.
ALTERNATIVES:
j Hire personnel with transportation and machinery to do the Janitorial
Service.
STAFF RECOMMENDATION:
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We recommend this bid be awarded to the lowest responsible bidder,
Betty's Maid Service of Denton for $800.00 per month for a one year contract.
EXHIBITS:
q ,
Tabulation sheet.
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,to C.P.M.
/ Purc asing Agent
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BID 1. 8686
BID Janitorial Service Betty's Big Ma's Ace ;
Maid Janitorial Janitorial
OPEN 9/14/79 Service Service Service
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ACCOUNT 1 01-63-85-02
QTY. ITEM DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR ,
1. Janitorial SerVILP for two
Rec, centers.
Per Month $800.00 $830.00 $21200.0^,
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CITY OF DENTON
MEMORANDUM
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DATE OF MEETING October 2, 1979
AGENDA ITEM Bid 9 8682 Side Loading Refuse Collection Vehicles
SUMMARY:
1
This bid is for the purchase of three side loading refuse collection j
vehicles to be used by the Solid Waste department. These unite will replace the 1
three 1973 model Ford trucks and Hobbs trailers now in use. The replacement of I
the truck/trailer units with the new side loading units will allow the Solid
Waste department to decrease the crew size by one person per vehicle while in-
creasing the effecienc) of the residential pickup service.
FISCAL SUMMARY:
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These three units are motor pool replacements for units 1860-81,
1920-21, and 1940-41. The major source of funding will be the motor pool re-
placement account number 06-00-87-07. The balance of the funds are budgeted in
residential sanitation vehicle and equipment account number 01-34-91-04. I
ACTION REQUIRED:
Approval by City Council and award of the bid.
ALTERNATIVES:
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1. Approve as recommended.
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2. Reject all bids.
STAFF RECOMMENDATION:
We recommend this bid be awardEu to Maxon Industries as the best
evaluated bid at $54,690.00 each or $1649070.00 total, FOB, Denton, Texas, Net j
30 days, deliver 30 days after receipt of cab and chassis. The bid of Maxon
Industries (Alternate T) is for three "Shu-Yak" side loading refuse truckles complete.
{ The vehicles consist of a model 19508 International Truck cab and chassis and a
29 cubic yard side loading packer. In the alternate II Maxon Industries has varied
f from our specification. They have offered a "hot shift PTO with automatic neutral"
€ (a system designed for use with an automatic transmission to eliminate the problems
j of an auxiliary engine) instead of the auxiliary engine as requested. We feel like
this is a major design improvement.
The lowest bid of Industrial Disposal Supply is offering a system very
j new to the market. It does not meet our specifications entirely and has not been
in actual use long enough to be proven successful in the field. We presently own ,
one Shu-Pak and have been extremely pleased with its performance and the cooperation
and dependability of the Maxon people. We feel the $1,440.00 is best spent on the
system we know will work.
ems.-~....- _ _
4,041 -70
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EXHIBITS:
I• Tabulation sheet. r
2• Memo from using department concerning financing of this purchase,
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Tom D.
Shaw, C.P.M.
Ass't, Purchasing Agent
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SID 4 8682 _
BID Side Loading Refuse Collection
Vehicles Bill Utter I.D.S I.p.5 Maxon Plaxon Maxon +
OPEN 9-18-19 Ford Alternate Industries Industries Industries i
Alternate Alternate
MCOUNT 1 [ 11
RUM-
VERFO-f V~Et OR~ "~E11GOT- 'VE14D5ff-- VEOOR-- VEAL ENS-
ITER-DESCRIPTION
1. 3 Truck Cab 6 Chassia $26,770.00 $1+4,128.01 $28,384.00 $30,600.00 $30,600.0 $30,600.0
Fo+d Crane I.H. I.H. I.H. I.H.
3 Side Leading Body NIB $22,836.0 $25,826.00 $28,090.00 $34,785.0 $24.090.0(
TOTAL 26 770.00 66,9 44.00 $4,210.00 98,690.00 451385.00 549690.00
Deliver 120 day AR 45 day ARI 45 day Alt 30 day after receipt f Cab 6 C ssis
FOB Denton Denton Denton Denton Denton Denton _
Terms Net Net Net Net 30 Net 30 Net 30
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CITY OF DENTON
MEMORANDUM
TO: Tom Shaw, Purchasing Dept.
FROM Greg Anderson, Director of Public Services
SUBJECT: Recommendation Bid #8682
DATE: September 21, 1979
After evaluating the bids for 3 side loading refuse trucks
I recommend we purchase bid Alternate 0 submitted by Maxon
Industries, Inc. for 3 International 1950E with side loading
Shu-Pak packer with no auxillery engine but with a hot shift
P.T.O. with automatic neutral for $164,070.00. The original
specifications called for auxillery engines--however, due to
past problems with auxillery engines I have decided to go
with the P.T.O. system. The low bidder, industrial Disposal
Supply, offering the E.Z. Pack collection vehicle in my
opinion has not been on the market long enough to be success-
fully prov6n. We presently own a Shu-Pak and have been
extremely pleased with its performance and the cooperation
and dependability of the distributor.
, , is • , ,
Greg An rson
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CITY OF DENTON
MEMORANDUM
TO: G. Chris Hartung
FROM: Rick Svehla
DATE: September 27, 1979
RE: Bids on the New Shu-Pak Trucks
Bids have been received and reviewed for the new trucks for our residential
routes. In the accompanying memo, purchasing has made a recommendation for
the low bid. We have asked that this bid be placed on the agenda even though
final leasing arrangements for the trucks have not been completed. We have
done this because the tentative low bidder has advised us that if he can get
a commitment by the second of October, the delivery date for the trucks will
be between 45-60 days. If the co:mitment is made later in the month, he has
advised us that the delivery date will be closer to 120 days. In the sani-
tation budget for this coming fiscal year, we had anticipated early delivery
of these trucks which will allow us to reduce our manpower requirements by
three people. If we have to wait for the trucks for 120 days, the budget
would a substantially affected. The finance department has indicated that
j they do not feel there would be any problem arranging the lease agreement
f during the Interim period so that we would be able to bring this agreement
! back to the Council for approval before possession of the trucks is obtained.
Therefore, we would recommend that the Council approve the bids with the
understanding to the low bidder that lease agreements and purchase agreements
will be worked out before the formal order for the trucks is finalized.
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Agenda, October 2, 1979, Bid 08677 - Transformers
SLWBCC: Consider Bids for LUectric Distribution Transformer Requirements.
StMMRY:
The Electric Department annually determines the majority of Electric
Distribution transformer requirements for the following year. Bids
are received and evaluated on the basis of the least cost for initial
er.
TThec estimate lpife eratin losses over t years, the cost ofeenerg oIstestiima ed at
3.50/kwh and interest rates are estimated to be 6.31.
On August 16,1979 at a public meeting at the City Hall, the
purchasing agent received and opened bid for subject transformers. A
copy of the bid tabulation is attached herewith. (See Wdbit I).
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FISCAL MARY:
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Capital Costs $2419601.73
Source of Funds 64 394.35 Balance 7 31 79
002-52-91-22 irate ge ccoun~
X242,000
gdt cA count
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ACTION RBQUIRM:
Recommend acceptance of bid and award of contract to lovest and best
bidder.
lu"n IVATIV&S: I
1) Acceptance of recommended bids.
2) Acceptance of alternative bidders.
3) Re act bids and readvertise for bids.
It is not anticipated that lower prices or better bids
vould be received by readvertising.
STAFF REC(MMATION:
The Staff recommends the acceptance of the bids and award of contract J1
to the following firms.
Item Firm Mfg, Quantity Unit Price Total Cost
1 Priester Sup, NWraw Edson 45
2 Westinghouse Westinghouse 50 756,22 X340029.90
894.74
3 Priester Supply Central Maloney 5S 9
25.14 44,737.00
4 Poleline Elec. Chance 10 SO,f ,2,70
5 Westinghouse Sup Westinghouse 3 2,140.00 14>i10,00
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to 11 6420.00
Westinghouse to 3 3,175.00 15,948.00 ns; 8 ti Howard Ind, 00 9052S.00
*9 Westinghouse Westinghouse 2 5,971,28 11,942.S6
10 Cummins Howard Ind. 6,586.00 19,758.00
11.Graybar General Electric 25 9489.15 !8,412.30
12 Pries ter Sup. RTE 3 510100 120228.75
13 Priester Supply RTE 3 705.84 1,530.00
c 2LI17.52
70TAL $241,601.73
*Increase quantity by one unit for use by Trinity Industries.
The Staff has evaluated subject bids and ~,as determined the above
bids to be the best and lowest bids based on the date submitted. We
will request the purchasing department to require that the successful
supplier furnish certified test reports on the units that are
furnished.
Respectfully,
fit-l.l, ,ll j/•-~
Ernie Tullos
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APPROVED
SEP 2 7 11319
CIN U )ENTON
2URCRASINa OEM
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CAhy
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Agenda, October 2, 1979, Bid 18677 - 'transformers
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nts./Y.iiYJRf~iY~`l~Al/IACIM.~iN{N;3~~
SUBJECT: Consider Bids t vr-nlr-umex:u ~ u-tyLl-.-MisFs-htri ou !.'EI'on ikranst'rians:/ornt.ier 1.i{ Requirements.
SUMMARY:
7
The Electric Department annually determines the majority of Electric
Distribution transformer requirements for the following year, 813s
are received and evaluated on the basis of the least cost for initial
purchase and plus operating losses over the life of the transformer.
The estimate life is 20 years, the cost of energy is estimated at
3.5t/kwh and interest rates are estimated to be 6.31.
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On August 16,1979 at a public meeting at the City Hall, the
purchasing agent received and opened bid for subject transformers. A
copy of the bid tabulation is attached herewith. (See Milbit 1).
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FISCAL SLHWY:
s
j Capital Costs $2410601.73
11 Source of Funds 64X4.35 Balance 7/31/79
102-52-91-22 19 ua ge oun
1242,000
nl~nual get-mid" -k ount
11979-80 ACTION REQUIRED:
Recommend acceptance of bid and award of contract to lowest and best
bidder.
I ALTERNATI Yi35:
1 Acceptance-of recommended bids.
2 Acceptance of alternative bidders.
3 Re ect bids and readvertise for b
It is not anticipated that lower prices or better bids
would be received by readvertising.
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STAFF RE!JQMi MATION:
The Staff recommends the acceptance of the bids and award of contract
to the following firms. '
Item Firm Mfg Quantify 11Ri.t Pri_CP T
vi~~lillY.l~I,~.YNICt..WCY~:itll Of/00i.(iL"YMLiJAtRi:i\r4lIDJGibalt~Ailt 'W~v'IYQ..1J.\~.~ r~.~ .rte.., _ _ ~,.A`!lL .l 11 t. r..~ . r
1 Priester Sup. McGraw Edson 4S 756.22 $34,029.90
2 Westinghouse Westinghouse 50 894.74 44.737.00
3 Priester Supply Central Maloney 55 925.14 50.882.70
4 Poleline Elec. Chance 10 1,407.00 14,070.00
5 Westinghouse Sup Westinghouse 3 24140.00 60420.00
6 to n 6 20658.00 15 948.00
7 Westinghouse it 3 3,175.00 9,525.00
8 Cummins Howard Ind. 2 5,971.28 11,942.S6
*9 Westinghouse Westinghouse 3 6,586.00 190758.00
10 Cummins Howard Ind. 2 91206.15 18,412.30
11.Graybar General Electric 25 489.15 12,228.75
12 Priester Sup. RTE 3 510.00 1,530.00
13 Priester Supply RTE 3 705.84 _ 2,117.52
TOTAL $241,601.73
*Increase quantity by one unit for use by Trinity Industries.
The Staff has evaluated subject bids and has determined the above
bids to be the best and lowest bids based on the date submitted. We
will request the purchasing department to require that the successful
supplier furnish certified test reNrts on the units that are
furnished.
.
Respectfully,
Ernie Tullos
"APPROVED
j SE? 27 ,379
CITY OF DENTON
! EURC sAINO oEPt,
CITY OF DENTON
MEMORANDUM
DATE OF MEETING October 2. 1979
AGENDA ITEM Purchase order in excess of $3,000.00
To Bailey Meter Control Company.
Purchase order number 39971 to Bailey Meter Control Company is for
replacement parts for the main generation control system at the Municipal Power
Plant. These replacement parts are available only from Bailey Meter Control
Company and due to the long delivery schedule must be ordered well in advance.
FISCAL SUMMARY:
This purchase in the amount of $3,828.65 will be funded from the Electric
Porduction Department Maintenance of generating equipment account number 02-51-83-39.
This is a normal budgeted expense.
ACTION REQUIRED:
Approval by City Council.
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ALTERNATIVES:
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None. i
STAFF RECOMMENDATION:
We recommend this purchase order be approved and the invoice paid.
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EXHIBITS: +
Purchase order number 39971 and Bailey Meter Controls invoices.
Tom D. Shaw, C.P.M.
Asa't. Purchasing Agent
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OUADRUPUUTE Llr11Ll5 ! li/t 1 Lit 00mr.iiv I N. ~Icc u.recn
INVOKE
mAik brlEaA tt1Ap1 imiileie~I "MP
190ft I.
Oik Vlf[AbW101110+A A,Sg101,4 ).1 .'1 7- c
DUNS 04.348.1359
DISTR'CT OFFICE S IC. YOUR ORDER NUMBER
F O If SNIPPING POIN7 INVOICE DATE
.jA 'T; 11 1
7tRM3 NO DISCOUNT FOR PREPAYMEt •11' U I)/ IT
SHIPPED VIA DATE SHIPPED
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OUANTI TV UNlt3 ►ART NO. AN l,1D OR Tt)3TYPE !DESCRIPTION 51 C
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UNIT PRICE AMOUNT
b 1'1424.:4V211 SILL& N; LtdJtldrr !1'4tlJ oe
LUST 1 fJc.id 'S
fHA:.~ l.)11:5 l.il
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tinte[D MtRtli I PAD9cGID .M 0"' ICI Alfh, 414 Ars4,Clt4t PtaI1■ I
l NtltN AIR rI IItN /ROOUCID IM GOMPUIVCI Alf. fnI RIOY'Itmt%ft p/ t„ 4 IMR AYD LOCAL VW. btGl/KK4R' RtP R[I[4t T,,? •Mr lnapa. i
ANee A l?R1ST~!•431 t •R.R .ea..+...9uns . :e. It A.R%b" 1411tT NtttR GDwIRt
NIP; 4
•V1srv1~4!i
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INVOICE ~ J J fir ~ /t({►a4~tsAkbar.'ot ~ii1Fs7~~r~~+°~~'vE~lAvkAb?t6AV;:x44)4r4 ~s62949-L
DUN$ 04-346.13SO
BISTR ICT OFFICE f IC. YOV N ORCER NUMtrfw~' F O 19 SHIPPING POINT
IkVOICH OME
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TERMS NO DISCOUNT FOR PREPAYMENT 9/ail 1
SHIPPED VIA OATt fHl/P!C
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*ALL I.RTECK TG: '':IL►FT CIJNTNGLS III 41,UJ'4-if CLiVELANCAIINLI~ 4H 193
DV(NTlff UNlff PART NO. ANO OR 7YP[ 0[fCA I PT ION
UNIT 0gICd AMOVII
S 1743555uI Ib~h15rCKrIL•x I59. $ 41741
CIJST I ii-.i4 I
:56ci74Jl xr?it.bIGm?F 40.5! 3l9.t3
,u'iT i T r•;a o 2
t) iri35U5J1 PH LfG-4u"rt.1:to J4 240 J 2.4JJ.JC1
tusr Ii.:.iJ a
2 1';4121Oil I .U~I(IL 41ijL,,,. 3.0 1?.1,
f z ' 1ti434dT,41 titnlJil.. ;,t-f.
iUST Irk wa a
1? Li411. 7441 f 1:rurJ'A L.11A y. 1 19.01!
C+U;T Ift.44 7
rr rr rrR+r~ ~
39201.1a
TkXis CIiGS 3.5"
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I. a4L VR.t7 "'IVNOL. NRVL.(4 . P.00VC90 N 104PLIANCI wry 1h1 1111, 111 I1LV11 7F 1.t V.O. 1TALCA.ht RC1 0r Al X11.. ~4 y
PORN Y•~OA...FA tVf [0 1AIL11 Alt OOOCI
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F DENTON, TEXAS PURCHASE ORDER NUMBER ~~J~7~
~17/3!2•l101 O/FW Motro 267.ONt
VENDOR NO. DAY'
7-19-79 aro No.
TILMS W.O1 NO.
Bailey Ma;tar Co DIUVMY DAM 1&12 ACn. No. 02-5I-SJ-39
.
Suit j 226 SHIP WA
1.11 Freevay
Dallas, Texas 75251 To: CITY OF DENTON
Steam Plant
1701 Spencer Rd,
Denton, Texas 7401
ITEM CITY STOCK NUMBER DESCRIPTION OVAN. IT PRICE AMOUNT
1. 194355501 Transformer e//? '
2. 194297411 Transformer SD 33~}•G~,
3. I94234-20 Soc$et S Leadwire assy.
4. 1943305D1 Tube, detector 10 i
3. 1042210-1 7iadow 2 d- G D 1.71
5. 1941. 8201 Undow seal
7. 1942274-1 Winda.F cap 2 ~&'Q /9 GG
Tarts for type VF1000
Flacon Detactoe
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I SHOW P.O. N0. ON ALL SHIPMENT!, OEWERY TICKMS, INVOKES, ETC., SEND INVOICES IN DUAIICArE TO ACCOUNTS MYASIE. THt C OF OENTON,
"ERAS ?3 Wild" FROM SALES TAR AS PER HOUSE BILL 10. THE CITY OF DENTON IS PROHIBITED FROM PAYING FOR WACHANOISE EEFORI IT IS
I AECEIVEO. ALL SHIPMENTS MUST It X a, CITY OF DENTON, TEXAS, DIRECT ALL INQUIRIES TO.
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CITY OF DENTON, PURCHASING Or.PT. .
215 E. McKInnW By--
Denton, Texas 76201
POAM NO. 011!10 ,
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CITY OF DENTON, TEXAS PURCHASE O,gDER NUMAER 4 Cr v 4 Z
117/312•9681 D/FW Mafro 211
YENDON NO.
oAq 9-24-79 '
uo No.
TDMS w.0. NO.
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oIUVEEY oATI ACCT. No.01-33-91-05
Iagoe Public Co. SHIP VIA
Denton, Texas 76201 To: CITY OF DENTON
Rick Svehta
ITEM CITY STOCK NUM6ER _
UFSCRIATION
QUAN, POT II AMOUNT
oversized paving on the Percy Christaia Addition
This overvidth was approved by Staff before the bidding
procedure was initiated. The developers engineer has
estimated the coat as approximately $4,875.44.
$4,815.00,
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875.00
6HOW R.O. N0, ON ALL SNK'MENTS, DfWERY TICKET!, INVOICES, MC.. SFNO INVOICES IN DUFLKATE TO ACCOUNT! ►AYAILE. THE CITY OF$'DENTON ,
TEXAI IS 1 FROM SALES TAX AS PER HOUSE IILL 40. THE CITY OF OENTON rS. FRONII 0 FROM FAYINQ FOR MEACAANG81 III IT Is '
# RECENEO. ALL SWPMENTS MUST IE F,O.I., CITY OF OENTON, TII DIRECT ALL INOU,RIES to.
CITY CF DENTON, PURCHASIN3 DEPT,
216 E. McKinney By
---i
?oRM NO. 012110 OaMon, Texas 78203
CITY OF DENTON, TEXAS PURCHASE ORDER ftsmit 4043
$17/361.1"1 D/FW Mofro 7N•Ooi7
V[N04A NO, DATE 9-24-79 Aw NO,
TAAALS W.O. 000.
oALrvEAT OATS ACCT. No. 01.33-91-05
Claude Smith Excavating 1HIP VIA
Denton, Texas 76201 To= CITY OF DENTON
Rick Svehle
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ITEM CITY STOCK NUMetn
OESCnIPTION OUAN. 711ITAMOUNT
Oversized paving on Willowwood and Highland Park Road.
This overwidth was approved by staff before the bidding
procedure was initiated. The developers engineer had
estimated the cost at approximately $50330.00.
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EHOw P•0. N0. ON Alt SHNMENTS, OELNEAy 71CAETS, INVOICES. ETC. SEND INVOICES IN DUPLICATE TO ACCDUNT9 PAYAILE. THt CITYYOP ps ~NTpN,
TEXAS W &UP FROM SALES TAX AS PER HOUSE SILL M. THE CITY Of DENTON IS MOHISITED FROM PAYING FOR MERCHANDISE SEFOAE It is '
RECEIVED, ALL SHMNENTS MUST EE P.0 11., CITY Of DENTON, TEXAS, OEPECT All INOLnAIES to.
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' CITY OF DENTON, PURCHASING DEPT.
216 E. McKinney By
•dRMN0.01i71G Denton, Tex" 76201
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CITY OF DENTON
MEMORANDINi
DATE OF METING- October 2. 1979
AGENDA ITEM: Single Source Purchase in Excess of $3,000,001
(Perkins Dieaol Engine from Cummins Sales 3 Service)
SUMMARY:
This request is for a replacement diesel engine to be mounted on ono
of the Commercial Solid Waste Packer vehicles, This diesel engine would
replace a gasoline engine on the unit now, This is the auxiliary engine
used to operate the compactor, not the main vehicle engine. The auxiliary
engines now in operation ace 50 horsepower gasoline powered. Over 752 of
the time that we have a vehicle of this type out of service, it is because
tLe compactor engine has failed.
The original manufacturer and our using department highly recommend this
conversion to the diesel motor. All new units bid will have the diesel com-
pactor engine.
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FISCAL SUMMARYs
This is an engine, conversion on a motor pool v:hicle ao,d the change
over including parts and labor will be charged to tso motor pool vehicle
maintenance account in the Solid Waste Department 05-98-87-02 (01-35-83-42),
f 1
1 ACTION REQUIREM
Approval by the City Council and inatuctions to the Purchasing Agent
1 to issue a purchase order.
i AETERNATIVESs
1, Purchase the diesel engine as recommended.
i
2. Continue to repair existing engine and try to aehedule around the
down time.
STAFF RECOMMENDATIONI
We recommend this request be approved and the engine orderrd.from Cummins s
Sales and Service. Cummins Sales b Service is the only authorized distributor
for Perkins Diesel Engines in this area and Perkins is the only manufacturer
currently making an engine suitable for this conversion. The purchase price
of $4,250.00 includes all items necessary to complete the conversion, also
there is a possibility of a $350.00 crodit if the new power takeoff is not
necessary,
EXHIBITS:
Price Quotation attached,
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Tom D. Shaw"
Assistant Purchasing Agent
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Planning and Zoning Commission Recommendation
to the City Council
Consider Final Subdivision Plat o! Motor Addition
October 2, 1979 r
Identity: f
i
This is 03 final subdivision plat of Lots 2, 3, and 5, Block 1,
Motor Addition, '
Location:
This property vhich is approxfmately 2,5 acres in size is located along
the east side of Woodrow Lane, north of the intersection of Woodrow Lane'
and Morse Street, and is part of PD-17.
Recommendations:
The Planning Commission reviewed the final plat of the Motor Addition at
its meeting of September 19, 1974. Utilities are adequate to serve the
subdivision, and a 35 foot dedication for Woodrow Lane is included on the
plat. Part of this subdivision was located in the flood plain, however,
the owner filled that portion of the lots which were in the flood plain.
Appropriate elevations are included on the plat which show that the lots
are no longer in the flood plain.
With respect to street paving, the Engineering Department has recommended
assessment in keeping with the City Council action on the golden Triangle
Industrial Park, The Planning and Zoning Commission also recommends
assessment for street paving. The Planning and Community Development
Department, Engineering Department, and Utility Departments recommend
approval.
The Planning and Zoning Commission unaniwusly recoamended approval of
the plat.
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plat Of v
j " LOTS 43,13 4 3LOCu
MOTOR ADDITION
VICtNjly M6p (naC4 Mpfn4 !Ufrr) 4.464 z
ym v 7e+tn
4 CO. OM1O :4451: r! LIM1lD r, ~ft6! tl
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EMERGENCY ADDENDUM
CITY OF DENTON CITY COUNCIL
October 2, 1979
I. Consider a contract with j & M Aviation for a temporary
lease at the Municipal Airport as recommended by the
Airport Advisory Board.
2. Consider matters rel,ted to the Municipal Airport,
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