HomeMy WebLinkAbout01-01-1980
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AGENDA
CITY OF DENTON CITY G UNCIL
April 1, 1980
Regular Meeting of.. the City of Denton City Council Tuesday,
April 1, 1980 at 700 P.M. in the Council Chambers of the
Municipal Building, Broadcast live on KNTU Radio, 88.5 F.M.
1. Public Heaiingss
A, 1. Consider final action regar.iira the request of
y the Planning and Zoning Commission for
annexation of approximately 314,9 acres of land
belonging to Texas Instruments. 1
2. This is the petition of the Planning and Zoning
Commission requesting light industrial (LI) r
zoning classification on a tract approximately
314.9 acres in size. The property is located on
the nirth side of Highway 77, adjacent and east
of Bonnie Brae Road. This property is owned by
Texas Instruments.
(The Planning and Zoning Commission recommends approval.)
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2. Consider a recommendation from the Parks and Recreation fsr
C Board relative to the policy concerning participation in
I City League sports by non-resident teams, 1 I
3. Consider adopting an ordinance authorizing the issuance of
Certificates of Obligation, Series 1980. (Library
expansion.) ro
4. Consider awarding bids for the Library expansion.
5. Ordinancest
A. Consider adopting an, ordinance instituting final
action regarding the request of Mr, H, 8. Osborne for
annexation anA Agricultural (A) zoning classification
on a tract approximately 37.5 acres in size. :ne IJ;
property has approximately 40 feet of frontaye along
the east side of Country Club Road (PH 1830) and
begins approximately 1800 feet south of the
intersection of Hobson Road and FM 1830. (The
Planning and Zoning Commission recommends approval,)
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City Council Agenda
April 1, 1980
Page Two
B. Consider adopting an ordinance removin
certain portions of Crescent and F,:lton Streetsg and
establishing a five minute standinjonly zone of on the
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ceenrtaonin Ppuborlticion of Fulton Street n front tHigh School, (The Citizens Traffic
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safety Support Committee recommends approval,)
C. Consider adopting an ordinance amendin A
the comprehensive zonin
g g PPendfx B new
ordinance b
Article 28A entitled "Historic Landmark P eservation
6. Consider financing for the widening of Loop 288 from the
MKT Railroad Tracks to I-35E, a
A. Consider a resolution authorizing the signatures and
the signing of the escrow agreement with the State.
B. Consider a resolution authorizing the financing for
the widening of Loop 288.
7. Consider a contract with the Denton Girls Softball
Association for umpire services for all Girls' Youth
League softball games, (The Parke and Recreation Board
recommends approval.)
8. Consider the final plat of
Planning and 'Zoning Commission re okends dental.) (The a
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{ 9. Consider final payment to LWFW Consultants for )
Reservoir Financial Feasibilit Aubrey
Utilitiej Board recommends a y study, (The Public
pproval,)
10. Consider final payment to Claude Smith Construction Co,
for overwidth paving on Kings Row.
Lj ll. Consider a participation in 16" oversize water lines along
IH-35W, (The Public Utilities Board recommends approval.)
12. Consider setting the April 8, 1980 Study Session Agenda,
f 13. Consent Agenda
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basin of the
Staff recommendations, L`
authorizes the City Mangerp or hiso desig eeoto nimplement
each item in accordance with the Staff recommendations.
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City Council Agenda
April 1► 1980
Page Three
A. Bids/Purchase Orders 1
1. Bid 18748 Pickups 5 Vane
2. P.O. 142187 Emergency Repairs Rig $9936 to Darr
Eqpt. Co. for $4►629.16
B. Plate
1. Consider the final replat of Owsley Park
Addition.
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2. Consider the final replat of Schmitz and Ripy
Addition.
14. Executive Session
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
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15. Consider Board Appointments
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City of Denton
Memorandum
April 1, 1980
Agenda Item:
A. Consider final action on an ordinance regarding the request of the Planning
and Zoning Commission for annexation of approximately 314.9 acres of land belonging
to Texas Instruments.
8. This is the petition of the Planning and Zoning Commission requesting Light
Industrial (L1) zoning classification on a tract approximately 314.9 acres in size.
The property is located on the north side of Highway 77, adjacent and east of
Bonnie Brae Road. This property is owned by Texas Instruments.
Summary:
The petition of the Planning and Zoning Commission for annexation of a 314.9
acre tract belonging to Texas Instruments comes before the City Council for final
action at this time. The petition for annexation has completed the public hearing
process, and all state requirements regarding annexation have been met.
Recommendation:
The Planning and Zoning Commission unanimously recommends approval of the Texas
Instruments annexation.
Action Required:
To complete the annexation process the City Council should move to adopt the
annexation ordinance prepared by the City Attorney.
If the annexation ordinance is approved by the City Council, a public hearing
! concerning the request of the Planning and Zoning Commission for Lig,.t Industrial
(L1) zoning classification of the Texas Instruments property should be conducted.
At the conclusion of the public hearing the City Council should move to adopt the
ordinance zoning the property Light Industrial (LI) in order to complete the zoning
process.
Exhibitsi
A. Memo
8. Ordinance
C. Recommtndation 1
0. Map
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E. Zoning Ordinance
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ORDINANCE NO.
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AN ORDINANCA ANNPXING A TRACT OF LAND CONTIGUOUS AND ADJACENT' TO
THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF
LAND CONSISTING OF APPROXIMATELY 13,719,635.75 SQUARE POET OF LAND I
LYING AND BEING SITUATED IN 18E COUNTY OF DENTON, STATE OF TEXAS
AND BEING IN THE J. S. COLLARD SURVEY ABSTRACT NO. 247, A. WHITS
SURVEY, ABSTRACT NO. 1406, AND THE k, WADE SURVEY ABSTRACT NO.
1407 DENTON COUNTY, TBXASt CLASSIFYING THE SAME Ah AGRICULTURAL
"A" DISTRICT PROFERTYI AND DECLARING AN EFFECTIVE DATE.
WY.EREAS, the request for annexation was Introduced at a ~
'-egular meeting of the City Council of the City of Denton, Texas,
on the petttioo of the Planning 8 lOning Comalsstont and
WHEREAS, an opportunity was afforded, at i public hearing held
for thr,t purpose on February 19, 1980 for all interested persona
to state their views and present evidence bearing upon the
annexation provided by this ordinoncq 4nd 1 0, I
WHEREAS, this ordinance has been published in full at least
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one t'me in the official newspaper of the City of Denton, Textso
prior to its effective date, snd after the public heortngs;
NOW THFR UORE, THE COUNCIL OF THPa CITY OF DENTON, TEXAS,
ti HEREBY 6kDAINS:
SECTION to
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That the hereinafter described tract ofland be, and the saae
to hereby annexed to the City of Diatom, Texes, and the one is
made hereby a pert of said City and the land and the present and
future Inhabitants thereof shall be entitled to all the rights and
privileges of other cittseas of said City and shalt be bound by
the acts and ordinances of said City now in effect or which may
hereafter be enacted and the property situated therein, =hall be .
subject to and shall bear its prorate part of the taxes levied by
the City. The tract of land hereby annexed is described as
follows, to•eit:
Being all that certain lot, tract or portal of land-lying and
being situated in the County of Deaton,'State of Texas and being
4 part of the J. S. Collard Survey Abstract No. 2970 t~i• As White
Abstract No. 1406 and the N. Wade Survey, Abstract No.
1407, and being more particularly described as follows:
BEGINNING at a point In the existing Denton City Limits Litre as
established by Ordinance No. 61.43, sold point of beSlnni:ig also
being the southeast corner of the J. S, Collard Sutvay, Abstract
No. 397, and also being the most wsstarly southwost corner of the
T Tobyy, Survey. Abstract No. 1238, and lying to the centerline of
Riney Road;
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-a•rr.A.. .....r.. Vd.' way... . . r...~..... ..~yi .
11 nra_NC•E north 880 37' 36" west along the south boundsRryryry Ilne of
aadistinei Collard t to
blt# riin tA' northeast
right of way line of U. J. highway 77;
T11MCE north SEO 08' 36" west along the northeast right Of way
line of U. S. Highway 77, a distance of 884.11-foot to a points
THENCE north SOO 09' $6" west along the northeast right of way t
Aline crner .sameHbeingythe asouthacorner ofS0a corner riteftoiiL the
present intersection of the northeast line of U, S. Highway 77
with the east right of way line of Bonnie Brae Road=
THENCE north 340 42' Oil west along said corner cutoff line a .
distance of 26.60 test to a point for a corners
THENCE north 00 12' 131 east slon the east right of way line of
corners Brae Road a distance of 3045.03 feet to a point for a
THENCE south Ego S6' 03" "at a dirrsyytance ci 414S. 6,1 -feet 'to a
pp
Survsy, for same being the twist boundary 11no o£ said T.dToby iurriy;
THENCE south 00 501 39" west along the east boundary line 'of
said J. S. Collard Surrey, same bain!! the west boundary line of '
said T. Toby Survey a distance of 1,265.05 feet to a point;
THRICE south 00 S2' 08" west, along the east boundary line' of
said J. S. Collard Surveys sane beta the west boundary, line , of
said T. Toby Survey, a distance of MS.59 feet to the place of
beginning and containing 13,710,635.73 square feat of land, store
or less.
SECTION II.
The above described property is hereby classified as
Agricultural "A" District and, shall so appear. on t:hi offlelal
soning trap of the City of Denton, Texas, which map is hereby '
amended secordintly.
SECTION 111.
This ordinance shall be effective imnediitely upon its '
Passage,
PASSED AND APPROVED this the day oil
A. D. 1980.
ME HASH -KATO
j CIT
Y OF DhTON, TVA$
i ATTEST:
MORS '
CITY OP DENTON, TEAS
I APPROVED AS TO LEGAL FORA
C. J. TAYLOR JR. CITY ATTORNEY
CITY OP DEMN, AXAS
BY:
griybM+ . _ •~~~+'1•.rF"`7ti'~" `!'M.l1YM,r.a
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Planning and Zoning Commission Recorra,endation
to the City Council
Z-1408
April 1, 1980
Identity: Z-1408
This is the petition of Mr. Dale Cunningham requesting that an approximately 295
acre tract be annexed and zoned Light Industrial (LI). This tract is located on
the north side of Highway 77, between Donnie Brae and Riney Road.
Report and Planning Commission Recommendati3n:
This tract is located in an area that is predominantly undeveloped. There is a
drive-in theater located on the south side of Highway 77 across from t1M property,
and there are several homes located near the southeast corner of the tract. The
remainder of the area surrounding this property is typically in agricultural or
very low density single family use. The property itself is bisected by the proposed
corridor for Loop 288.
The question of whether public facilities are adequate depends largely on how the
property is developed. Water service is relatively close and can be extended to
the property and there is adequate capacity in the line. Sewer service would
! probably need to be extended from the area around North University Place. There
! is adequate capacity in this line for a plant emplcying 3,000 persons, assuming
no industrial waste. There are no unusual drainage problems apparent on the
property. This tract has street access to Highway 11 and aonnie Brae Street and,
of course, will eventually have street access to Loop 288. Hi hway 77 connects
to 1-35 and leads into the city by Elm Street. The property also has direct access
li to Bonnie Brae which leads to Windsor and University Drive.
The Public Works Director has reviewed access and traffic potential of the site.
It is assumed that Texas Instruments will build an assembly plant on the property.
He is also assuming a work force of 3,000. If these assumptions are correct,
the Public Works Director believes that there will be significant traffic congestion
! in the vicinity of this site until such time as the loop is completed. It is
likely that Bonnie Brae pavement would have to be improved within a short period,
j particularly near the intersection and a traffic signal installed at the Bonnie arse
i intersection with Highway 377.
i On the land use issue, this proposal is at variance with the .o.n rehensive Plan.
The property is proposed for Light Industrial (LI) zoning. The Comprehensive
I Plan indicates that the area, both north and south of Highway 779 shn,ld be developed
j for residential use. The Planning Commission feels it is ;uastionable whether tho
i area irunediately adjoining the Loop will actually be developed for single family
use.
The Planning Commission is recommending that the request for light Industrial (LI)
zoning be approved as submitted. The Commission felt that, if this site is developed
E with the typical campus type assembly plant that T1 has built elsewhere, it is
reasonable to expect that the nearby area will still be suitable for residential use.
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Z-1408
Page 2
A local example of a light industrial plant, on a much smaller scale, built near a
residential area is the Jostens plant or, I-35. The Commission felt that the
the city e problems involving traffic and street maintenance could be overcome by
with sufficient notice and through cooperation by the oetitioner
important consideration in the Comnissioner'; decision was the 4enefits th,e
e city
would realize involving additional Jobs and tax revenue through the development
of a TI plant.
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I Z-1408
+ ~.+u r
Existing d!'cy`LimM' tSna"
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MIS' CE rVVENOLNG rHE :DNING S-AP OF THE CITY OF DENTON,
IL:.tS, .S3 `t~lf IWAS QUPTED AS V. APPENDIX TO THE CODE OF
~i,,VMNASCE3 JP TIIE CITY OF DE.NTON, TVAS, BY ORDIN0CE ;JO. 69.1,
AND AS SAID SIAP APPLIES TO THE R°_L:11.1 LISTED PROPERTY AS S60wN
THIS 0M ON THP. 07FLC M W MA.d OP THP CITY OF D"NTON, TEAS,
AND AORE PA,ZTICULA'lLY DESCR:ItiED THEREIN; AND DECLARING AN
{ EFFECfIYE DATE.
rHE COUNCIL OF THE CITY OF PENTON, TEXAS, HERESY ORDAINS;
SECi!" I,
That the Zoning %lap of the Cit>' of Denton, Texas, adopted
the 11th aa;• of January, 1964, as an Appendix to the Code of
Ordinances of the City of Denton, Texas under provisions of
ordlnancs No. 69.1, he, and the same 1r hereby amen!od as
( folleus;
All tho herilnaftor le•,crlbed property is hernhy raxoved
from th'+ Agricultural "A" District 11 shown on said "oning Map,
11J al: provisions of Ordinance Na. A9.1, adopted the 14th day
of JanLSry, 1959, as amender], shilL hereafter apply to Sall
property as Light Industrial 'LI" District in the lama manmar
as ocher property located LA the Lt ,ht Industrial "Lill District
anJ pure particularly described as llollw+s:
81In2 ill that eertoi6 lot, tract or parcel of land lying and
buiag situated in the County of Denton, State of Texas, and
,i .icingg part of the J. S. r.otLlyd S.trvsy, Ahstract No. 297, the
1. 'dhite Survey, Ahstrn-t No. 1015 and the N. Wade Survey,
lbstract No. Ltu7, arJ being more particularly described as
follows.
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UGINNINr, at a point In the exis;tng oenton City Limits Line as
eitahllshed by ordinance slid point a£ haginning
ntso being the seutacnst corner it the J. S. Caltard SUrvop,
Abstract No. 07, find also heing the nest westarly southwest
cornir of the T. Tcbv Survey, A'+stract No. 1:39, and lying in
eha eanterIina of Rlnav Road;
THENCE north 110 37' SA" most along the loath boundory line
of said 1. S. Collard Snrvev, some being the centerline of
tiaev Z01d a diltance of 334.63 fact to a point for a corner In
the northeast right of vay line of 11. S. highway 71;
T/IF.SCE mirth S1o n1' 31" frost 11011 ! the northeast right of
w4.1 11ne of U. S. iil;h'+a! '7, a distunee (if 5,11.J1 feet to a
paint;
T-"1044 north 53'3 00' SIP' west along tits northeast right of
+av Ilea of U. S. Highway 11 a distsnee of 3530.41 feet to
j tolnt far a corner 11.42 berg the south earner of a sorr,er
j eutofP it t::s prosclt IAtwectlon of th•e northeast line of U.
iitth,a 77 with the silt right of wA;' lino of llknnle Hraa
1 R1ad;
+ M'SC2 north ZDo D:' S1" west nl1r; 9.111 ca rnar :vtof£ no a
d1 atl3ta of :6.51 feet to point for z corner;
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TItEICF. nnrti, 0o I" IS" oast stolgg she east right of woy line
i of Donavo 3rae Ro,ld a "I tomes of 2n3S.11 feet t- a paint for n
cnrnar;
TIIESC., south 511 53, 03" east a dletlr.: of 419g.A1 feet to a
I maim for a do rnir LA t;,;! 01st huundary t Inv of s.,Jd •1. S.
I ~olta;d 3orrey, same being the west "aur,darv line of said T.
~ Tc~; SurroS•;
kE I .-1 J~1 •ii ISLE intQa~y-/rE!. rtS ry",IiiGN Ti~•Pl.i'I ilk,.,
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ST +l iE a South 00 S9' 39" •.:ost along the east boundary line of
i d .1. S. Collard Survey, flame being the crest boundary line of
sili T. rohy Survey a distanca of 1,263.05 feet to a point;
T}19,CS south 10 5.11 OV west along the east boundary line of
SI!' S. Co.lard Survey, sane being the west houndary line of
j said T. T.;jy ;urvsy, a distanca of 3075.59 feet to the place 01
I -oroROralasnd comraining 13,719,635.75 aquaee feet of lend,
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SEM0V II.
That the Cir.y Council of the City of Denton, Texas hereby
'Inds that such change Is In accoriance with a comprehensive
plan for the purpzio of pronotiaj the general welfare of the
City of Denton, Texas, and with reasonable consideration smong
other things for the character of the district and for its
peculiar suitability of particular uses, and with a view t0
canservtng tho valve of the buildings, protecting human lives,
and encouraging the most s propriate uses of land for the
maximum benefit ti the City o[ Denton, Taxi;, and its cititens,
SECTION t11.
That this ordinance ehall he In full fora, and effect
im'nediately after its pasta go and ap:,.oval, the :equLrad pOllc '
hedrings hevl,g heretofore beam held by the Planning and Zoning
Commission and the City Council of the ;l;y of Denton, Texas,
after giving due notice thereof.
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PASSED AND APPROYEO this the day of ,
A. i. 1950.
4TrC
C iY OP OUTON, TE GIS
{ AIrEST:
BIMUF 'fUL , CIT7 SECILMRS
CITY OF DENTON, TEXAS
APPROVES AS TO LEGAL FORH
C. 1. TAYLOR, JR., CITY ATTORNEY
1 CITY OF DENTON, TEXAS
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gr15 DAt.E C7,tirIv;1LV}•rf?X,tS P" Ti U'IANTS)•P.1O8 'rhq
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PRCPERTY OWNER REPLY FORMS
Z-1408 9
IN FAVOR III OPPOSITION UNDECIDED
Rich Manufacturing Co.
R. B. Rich 7
Rt. ` Box 24 1
Denton, Tx 76201
Barworth Corporation
Henry W, Dern Jr.
1204 University
Denton, Tx 76201
Kenton E. Maclntyre
P.O. Box 97
Denton, Tx 76201
Ho Cole
501 tliead l ee
Denton, Tx 76201
S. E. Rayzor
11711eRiney Road
Denton, Tx 76201
Ruth Kellum
2016 Georgetown
Denton, Tx 76201
Ruby Finch
6158 Winton
Dallas, Tx 76214
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REPLY FOR THE CITY CCUNCIL
Case, NO- Z--- 140x_
The Denton City Council would like to receive your comments on this case
in order that it may make an informed decision on the zoning petition.
If 0u return itstoethe following addressnbypteesdatemefethe*publicphearo~ and
ing,
City Planner
Municipal Building
215 East McKinney
Denton, Texas 76201
If 20% or more of the property owners receiving this notice return a
reply form in oppposition to the proposed change, the City Council must
attain a four-fiftha (4/5) vote to approve it, If you submitted a reply,
form for consideration by the Planning and Zoning Commission, those com.
meets arc a sufficient response and will be presented to the City Council
if your opinion about the case has changed it you are encouraged to use
this form to notify us concerning your posion.
If you have questions pertaining to the case
Office at 566-8350, please call the Planning
Please use BLACK ink only,
since blue ink cannot be xeroxed,
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i ( I am in favor of this zoning request.
( ) I am opposed to this zoning request,
( ) I am undecided about this zoning request,
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My comments are as follows:
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Signature
1 address 8
Phone
REPLY FOR THE CITY COUNCIL
Case. No. Z- 40
The Denton City Council would like to receive your comments on this case
in order that it may make an informed decision on the zoning petition.
If you desire to express an opinion, please complete this reply form and
recuint it to the following address by the date of the public hearing.
City Planner
Municipal Building
215 East McKinney
Denton, Texas 76201
if 20% or more of the property owners receiving this notice retvrn a
reply form in opposition to the propogad change, the City Council must
attain a four-fifths (4/5) vote to a~-prove it. If you submitted a reply
form for consideration by the Planning and Zoning Commission, those com-
ments are a sufficient response and will be presented to the City Cpunci:
Yf your opinion about the case has changed, you are encouraged to use
this form to notify us concerning your position. I
If you have questions pertaining to the case, please call the Pl.anning
Office at 556-8350.
I
Please use BLACK ink only,
since blue ink cannot be xeroxed. C~.
REPLY
( I am in favor of this zoning request.
j ( ) I am opposed to this zoning request. i~
( ) I am undecided about this zoning request.
My comments are as follows:
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Address r E:
Phone Spry--
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REPLY FOR THE CITY COUNCIL
'M Case, NO. Z-1408
i
The Denton City Council would like to receive your comments on this caso
in order that it may make an informed decision on the zoning petition.
If you desire to express an opinion, please complete this reply form and
return it to the following address by the date of the public hearing.
t
City Planner
Municipal Building
215 East McKinney
Denton, Texas 76201
If 20: or more of the property owners receiving this notice return a
reply form in opposition to the proposed change, the City Council must
attain a four-fifths (4/5) rote to approve it, If you submitted a repLy
form for consideration by the Planning and Zoning Commission, those com-
ments are a suificient response and will be presented to the City Council
if your opinion about the case has changed, you are encouraged to use
this form to notify us concerning your position. J
If you have questions pertaining to the case, please call the Planning '
Office at 566-8350.
Please use BLACK ink only, C% 1
since blue ink cannot be xeroxed, 0,, 1
REPLY 'y
) I am in favor of this zoning request, 'S
yp
( ) I am opposed to this zoning request.
( ) I am undecided about this zoning request.
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My comments are as follows: ;
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REPLY F'OR THE CITY COUNCIL
Case. No. _ _140
The Denton City Council would like to receive your comments on this case
in order that it may maka an informed decision on the zoning petition.
if you desire to express an opinion, please complete this reply form and
return it to the following address by the date of the public hearing.
City Planner
Municipal Building
215 East McKinney
Denton, Texas 76201
if 20% or more of the property owners receiving this notice return a
reply form in opposition to the proposed change, the City Council must
attain a four-fifths (4/5) vote to approve it. If you submitted a reply,
form for consideration by the Planning and goring Commission, those corn
ments are a sufficient response and will be presented to the City COUnci
If your opinion about the case has changed, you are encouraged tj use
this form to notify us concerning your position.
If you have questions pertaining to the case, please call the Planning
Office at 566-53:0.
j Cclb'~~
Please use BLACK ink only, t aS80
since blue ink cannot be xeroxed.
i
REPLY
(y/f I am in favor of this zoning request.
( ) I am opposed to this zoning request.
( ) I am undecided about this zoning request.
1 My comments, are as follows:
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Phone , D
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REPL'4 FOR THE PLANNING AND ZON7 1 COMMISSION
f Case No. Z-1408
The Planning Commission would like to receive your comments on this
case in order that they may make a better informed recommendation to
the City Council. If you desire to express an opinion, please complete
this reply form and return it to the following address by the date of
the public hearing.
City Planner
Municipal Euild•Lng
215 Bast McKinney
Denton, Texas 76201
This reply form in no way affects your rights to attend the public hear-
ing and we encourage all interested parties to attend and c.amment if
they wish. If 20% or more of the property owners receiving tkis 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.
Tf you have questions pertaining to the case, please call the Planning
Office at 566-8350.
Please use SLACK ink only.
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{ REPLY
E~Ei'r~`?
i (;O I am in favor of this zoning request.
( ) I. am opposed to this zoning request.
( ) I am undecided about this zoning request.
My comments are as follows:.
•A II
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Signature 70 't194 ~0811 A
Address
Phone . 3 / it is
REPLY FOR THE PLANNING AND ZONING COMMISSION V
Case No. Z-1408
The Planning Co=ission would like to receive your comments on this
case in order that they may make a better informed recommendation to
the City Council. If you desire to express an opinion, please complete
this re ly form and return it to the Following address by the data of
the public hearing.
City Planner
Municipal Building
2L5 East McKinney
Denton, Texas 76201
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 wish. If 20% or more of the propertp 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
Office 566-8350.
Please use BLACK ink only.
REPLY 1ECE!!V_:0 FiD 2 7 '1980
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I am in favor of this zoning request.
s ( ) I am opposed to this zoning request.
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( ) I am undecided about this zoning request.
My comments axe as follows:.
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Phone
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REPLY FOR THE PLANNING AND ZONING COMMISSION
Case No. Z-1408
The Planning Commission would like to receive your comments on this
case in order that they may make a better informed recommendation to
the City Council. If you desire to express an opinion, please complete
this reply form and return it to the following address by the date of
the public hearing.
City Planner
Municipal Building
215 East McKinney
Denton, Texas 76201
This reply form in no way affects your rights to attend the public heat -
ing and we encourage all interested parties to attend and comment if
thsy wish. 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
Office at 566-8350.
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Please use BLACK ink only.
REPLY RECEIVED FES 2 9 5980
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( ) I am opposed to this zoning vquest.
( ) I am undecided about this zoning request.
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REPLY FOR 11E PLANNING AND ZONING CO=SSION
Case No, Z-1408
The Planning Commission would like to receive your comments on this
case in order that they may make a better informed recommendation to
the City Council. If you desire to express an opinion, please complete
this reply form and return it to the following address by the date of
the public hearing,
• City Planner
Municipal Building
215 East McKinney
Denton, Texas 76201
This reply form in no wa
your rights to attend the public hear.
ing and we encourage allyisterested parties to attend and comment if
, they wish. If 20% or more of the property owners receiving this notice
return this reply form in op osition to the
p
Council must attain a four fifths 4 5 votePtopapprpro change, the City
ve it.
If you have questions pertaining to the cases please call the
Office at 566-8350. Planning
f Please use BLACK ink only,
REPLY
I am in favor of this zoning ` ~ •
g request.
I am opposed to this zoning request, I
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i ? I am undecided about this zoning request,
J~ My comments are as follows:. L ^
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Address
Phone ~
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Minutes
Planning and Zoning Commission
March 5, 1980
' This is the regular meeting of the Denton Planning and Zoning Commission held
on March 5, 1980 at 5:00 p.m. in the Council Chambers of the Municipal Building.
PRESENT: Bill Brady, Marilyn Gilchrist, Robert laForte, U nnie McAdams,
Carolyn Busby, Andy Sidor, and Richard Taliaferro. Staff members
were John Lavretta, Charles Watkins, Rick Svehla, and Sue Wigand.
ABSENT: None.
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1. Approve the minutes of the February 20, 1980 meeting.
Motion was made by Taliaferro and seconded by LaForte to approve the
minutes. Motion carried unanimously.
It. Consideration:
A Z-1436. This i
Hill, general partner, DuncantProperties Ltd.,BrequestingfPlannedil
Development (PD) zoning classification for development of a shopping
center complex, office and warehouse complex, and mini-warehouse
complex on a tract approximately 32 acres in size,
Roger Shipmen, attorney for Brown and Hill, spoke in favor of the
request.
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David Wilson, representing the Henry S. Miller Co., sppoke in
opposition to the request, stating that there was st111 a dispute
I over a strip of land and the court would decide upon the ownership.
Mr. Wilson also objected to the curb cut.
City Engineer, Rick Svehla, stated that he did not feel it was fair
to hold up Duncan Properties since the Miller Co. has not submitted
a plat to the Planning Department,
fir. Heil Mill spoke in rebuttal,
The Commission discussed the case.
Motion was made by Taliaferro and seconded by Sidor to appprove Z•1436
with conditions as written. Approved by a vote of 6 to 1.
111. A. Z-1408, This is the petition of the Planning and Zoning Commission
requesting light Industrial (LI) zoning classification on a tract approxi-
mately 314,9 acres in site, The property is located on the north side
of Highway 77, adjacent and east of Bonnie Brae Road, This tract has
approximately 4,434 feet of frontage along Highway 77 extending westward
from the Riney Road • Highway 77 intersection and is contiguous with the
city limits approximately In the centerline of Riney Road. (This property
is owned by Texas Instruments.)
Minutes
Planning and Zoning Commission
March 5, 1980
Page 2
John Lavretta spoke, on behalf of the Planning and Zoning Commission,
in favor of the request.
No one spoke in opposition.
Motion was made by Bill Brady and seconded by Andy Sidor to approve Z-1408.
Motion carried unanimously.
B. Z-1441. This is the petition of Ms. Karen Nash requesting an
amendment to a Planned Development (PD) for detached single family houses
on 45' X 100 ' lots to permit multi family (MF-R) development on a tract
fapproximately the proposed Windsor in
exsize. tension,1e and tract approximately 125 t feet west of
se of
Stuart Road.
Karen Nash spoke in favor of the request.
No one spoke in opposition.
John Lavretta presented the staff recommendation.
No one spoke in rebuttal.
The Commission discussed the case.
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Motion was made by Sidor and seconded by Taliaferro te) deny Z-1441.
Motion carried unanimously.
C. Z-1442. This is the petition of Mr. Charles Glasgow requesting
a change of zoning from Agricultural (A) to Commercial (C) zoning
# classification on a parcel approximately 26.4 acres in size which begins
at the southwest corner of Loop 288 and Audra Lane. The property has
approximately 909 feet of frontage atom? the west side of Loop 288 and
E, approximately 1030.9 feet of frontage along the south side of Audra Ln,
I Charles Glasgow, petitioner, spoke in favor of the request.
Frank Cawthon, realtor, spoke in favor of the request.
Leonard Morris, representing the owner of the property zoned SF-10
j across Loop 288, spoke in favor of the request.
1 Robin Butt, 1807 Audra lane, spoke in opposition to the request.
T. Holland spoke in opposition to the request.
John lavretta presented the staff recommendation.
Charles Glasgow spoke in rebuttal.
The Commission discussed the case with Charles Glasgow, stating the
zoning change request would be more desireable if the proposed Commercial
development included only the frontage along Loop 288 ; also it
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Minutes
Planning and Zoning Commission
March 5, 1980
?age 3
would be desireable if a transition, such as multi family, was provided
between the proposed single family area to the west and the proposed
commercial development along Loop 288.
Motion was made by Sidor and seconded by Taliaferro to deny Z-1442.
Motion carried 5 to 1 with l abstention.
IV. Considerations:
A. Consider the final plat of Skyline Addition.
Ross Melton spoke in favor of the plat.
Motion wa^ made by La Forte and seconded by Gilchrist to approve the
final plat of the Skyline Addition. Motion carried unanimously,
B. Consider the final plat of Solar Way Addition,
Charles Watkins stated the staff recommended approval.
Motion was made by Taliaferro and seconded by Gilchrist to approve
the final plat of Solar Way Addition. Motion carried unanimously.
C. Consider the preliminary plat of Plaza 288 Addition.
This plat was withdrawn by Charles Glasgow.
0. Consider the final replat of Ruddell Addition.
Charles Watkins gave the staff recanmendation of approval.
Motion was made by LdForte and seconded by Andy Sidor to approve
the final replat of Ruddell Addition. Motion carried unanimously.
{ E. Consider the preliminary plat of Wimbleton Village Phase Two.
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Charles Watkins stated that 2 additional valves and electrical easements
are needed and recommended approval contingent upon this conuition.
Motion was made by Sidor and seconded by Busby to approve the preliminary
plat of Wimbleton Village Phase Two with the condition. Motion approved
unanimously.
F. Consider disposition of Lot 2A, Block 3, Heritage Oaks Addition.
John lavretta reported that the Parks and Recreation Department desires
to keep the land,
Motirn was made by Sidor and seconded by Carol to recommend that the
pity keep the land. Motion carried unanimously.
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Minutes
Planning and Zoning Commission
March 5, 1960
Page 4
G. Consider disposition of excess city property at 517 E. Prairie Street.
John Lavretta recommended disposition.
Motion was made by Taliaferro and seconded by Gilchrist to recommend
that the Council dispose of the property. Motion carried unanimously.
The meeting adjourned at 7:30 p.m,
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M E M 0 R A N D V M:
DATE: March 26, 1980
T0; Bill. Angelo rRoM, Nancy Boen N'
SUBJECTI Procedure Changes
The attached will be an additional agenda item. It
needs to be place on your agenda as soon as possible.
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March 26, 1980
PROCEDURE f4 MGES
The Parks and Recreation Department r recentlyo the some
pertained
fees, charges and policies which
,division. They were approved by the City Council Oil
December 18, 1919. At that time it was r(commended by the
Parks and Recreation Director that non-Dentin teams who
wished to play in the Denton leagues request approval not
only from the Parks and Recreation Board, but also from the
City Council. This procedure is both time consuming and
cumbersome for all parties involved. I recommend that
requests of this nature be handled administratively thus
eliminating action required by our Board and the Council,
Your consideration and recommendation on this matter will
be appreciated,
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CITY OF DENTON
MEMORANDUM
TOi Mayor & Council Members
FROM: Bill Angelo, Administrative Assistant
DATES March 27, 1980
SUBJECT: Agenda Item 13 - Ordinance Authorizing Issuance of
Certificates of Obligation
As you know, the documents for this item are being prepared by
the City's financial advisor, First Southwest Company, and are
unavailable at the present time. These documents will be hand
delivered as soon as they become available.
j `BIT Angelo
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MEMORANDUM
TOs King Cole
FROM: Joella OLr
DATE, March 26, mo
Bide were received for the proposed library expansion
today, Our architect will investigate the low
bidders
and preaont his recoumenda[toa to the City Council at
f their regular meeting Tuesday April 1,
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City of Denton
Memorandum
April 1, 1980
Agenda Item:
Consider adopting an ordinance instituting final action regarding the request
of Mr. H. S. Osborne for annexation and Agricultural (A) zoning classification
on a tract approximately 37.5 acres in size. The property has approximately 40
feet of frontage along the east side of Country Club Road (FM 1830) and begins
approximately 1800 feet south of the intersection of Hobson Road and FM 1830.
(The Planning and Zoning Commission recommends approval.)
Summary:
The petition of Mr. H. S. Osborne for annexation and Agricultural (A) zoning
classification on a 37.5 acre tract comes before the City Council for final action
at this time. This petition has completed the public hearing process before the
Planning and Zoning Commission and the City Council, and all state requirements
regarding annexation have been met.
Recommendation:
i ' The Planning and Zoning Commission unanimously recommended approval of this request
at its meeting of October 17, 1979.
Action Required:
The City Council should move to adopt the annexation and zoning ordinance prepared
by the City Attorney.
Exhibits:
A. Memo
` 8. Ordinance
C. Map
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Ordinance No. _
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO
THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT TRACT OR PARCEL OF
LAND CONSISTING OF APPRO W-LATELY 37.538 ACRESr OF LAND LYING AND
BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING
IN THE T. MARTIN SURVEY, ABSTRACT NO. 400, DENTON COUNTY,
TEXAS• CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY;
AND Dr~CLARING AN EFFECTIVE DATE,
i WHEREAS, the raquest for annexation was Introduced at a
regular meeting of the City Council of the City of Denton, Texas,
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an the petition of H. S. MOW; and
NHEREAS, an opportunity was afforded, at a public hearing held
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for that purpose an February S, 1980 for all interested persons to
state their views and present evidence benring upon the annexation
h provided by this ordinancel and
WHEREAS, this ordinance has been published In full at least
one elms in the official newspaper of the City of Dentan, Texas,
prior to Its effective date, and after the public heirin;sl
NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS,
HEREBY 6RDAINS;
SECTION I.
That the hereinafter described tract of land be, and the same
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is hereby annexed to the City of Denton, Texas, and the same is
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made hereby a part of sold City and the land and the present and
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future inhabitants thereof shall be entitled to all the rights and
privileges of other citlians of said City and shall os bound by
j the Gets and ordinances of said City nav In offset or which may
hereafter be enacted and tti property situated therein shall be
subject to and shall bear ics prorate part of the taxal levied by
the City. The tract of land hereby annexed is deserlbod as
follows, to-wits
All that certain lot, tract or parcel of land situated in the T.
J. Martin Surve , Abstract No. 100, Denton County, Texas, being
the i4me (callady1 33.73 acre tract doserlbed in A deed from Walter
P. Ross, at ux to H. S. Osborne of us Olt February 17, 1953
recorded in Volume 515, page 337 bead Records of said County, ini
being more particularly described ao followot
SECINNINO at a fence corner at the northeast corner of told tract
on the east boundary line of said 4sriln Surveyl
ME,NCE south 00 01' S5" west with said (onto and east bortndory
line of sold Survey 3L9,SS (Got to a steel pin at a font) corner
at t4a southoast corner of said tract;
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TRENCH south 890 56' S3" west with said fenr+ 195 .30 feet to a
fence corner;
THENCE north 8S0 36' $9" west with said fence 23,6 feet to a
fence corner at the south-southwest corner of said tract;
THENCE north 00 35' 3S" east with said fence 761.95 feet to a
fence corner on the south line of a lone;
THENCE south 890 46' 3S" west with said fence 640.76 feet to a
fence corner past at the west southwest corner of said tract on
the east right of way of P.M. Road 1630;
TFi&YCE north 10 19' west with said right of way 4,1.91 feet to a
fence corner nt the northwest corner of said tract;
THENCE north 890 34' 46" east with said fence 2616.76 feet to
the place of beginning and containing in all 37.536 acres of land,
more or less.
SECTION It.
The above described property is hereby classified as
Agricultural "A" District and shall so appear on the official
coning map of the City of Denton, Texas, which map is hereby
amended accordingly.
SECTION III.
This ordinance shall be effective immodiately upon its
passage.
PASSED AND APPROVED this the day of
1 A. D. 1960.
CITY OF OBNTON, TEXAS
ATTEST:
CITY 07 D&HTON, TEXAS
APPROVED AS TO LEGAL PORN
f C, J. TAYLOR JR., CITY ATTORNEY
CITY OF DENTE. TEXAS
BY:
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A'. PP.DINASCE OF Ti:;' CITY OF DENTON, TEXAS REMVING PARKINC ON
C14tIAIN PORTIONS OF CRESCENT AND FULTON STREETS BETWEEN THE
IKPJ1S OF 1:00 A. M. AND 4;00 P. M., MONDAY THROUGH FRIDAY;
P,lO~ M N'G FOP, THE REMOVAL OF PARKING ANYTIME ON A CERTAIN
PORI1M OF CROSCENT STREET; PROVIDING FOR THE REMOVAL OF PARKINC
A71"TIME ON A CERTAIN PORTION OF FULTON STREET; PROVIDING FOR THE
ESTAELISHI-MIT OF A FIVE MINUTE STANDING ONLY LONE ON A CERTAIN
PORTION OF FULTON STREET; PROVIDING FOR AU111ORITY TO TOW-AWAY
AND IMPOUND VEHICLES PARKING ON THOSE CERTAIN PORTIONS OF
PROVIDING REPEAL TOF CONFLICTINGOORDI ANCESSEORR PARTSY THEREOF;
PROVIDING PENALTIES; PROVIDING FOR PUBLICATION AND DECLARING AN
EFFECTIVE DATE,
VNEREAS, the City Council after careful consideration of the
matter and upon the recommendation of the Traffic Safety
Comaisslon of the City of Denton, finds it necessary and
fusti°ied to remove parking and establish reguiatlons governing
parking on the certala portions of Crescent and Fulton Streets
pore fully Aescrlbed below in order to Insure the safety and
welfare of motoilsts and pedestrians regularly using the said
streets for travel and to insure adequate emergency parking
` srazo toy fir, and police vehicles ±r other authorized emergency
E voh(clcs; now, therefore,
THE CITY COUNCIL OF THE CITY OF MV1`01, TEXAS, HEREBY ORDAINS;
SEC1fON 1.
f (a) That both the north and south sides of Crescent Street
f from its Intersection with Fulton Street to its Intersection
00 Malone Street except along the south side of Crescent
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j Street from its intorseetlcn with Fulton Street to a point
11 approximately 1RD feet west shz11 not be used for tho parklnp of
vehicles or in any other manner be obstructed between the hours
of 1:00 A.M. and 4:00 P.M. on Monday through Friday, and the
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same shall be to posted with signs or markings or both by the
proper authorities of the City of Denton, Texas.
(b) That the south side of Crescent Street from its
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! lntarsoctlon with Fulton Street to a point approximately 200
foot wait shall not be used for the parking of vehicles or in
I any other manner be obstructed at anytime, and the same shall be
so posted with signs or markings or both by the proper
authorities of the City of Denton, Texas,
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That both the east
l tn lntersectlon and west rides of Fulton Street from
Linden Str With Crescent street to !ta intersection with
eet shall not be used for the parking of vehicles or
in any other manner be obstructed between the hours of Broo A.M.
and 1100 P.M. on Monday through Friday, and the game shall be so
posted with signs or markings or both by the proper authorities
of the City of DentOn, Texas,
(d) :hat the east aide
section with of Fulton Street from its inter-
Linden Street
to it. intersection
street shall not be used with Broadway
ether ma for the parking of vehicles or
nner be obstructed at anytime, any
and the game shall be ao
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posted with signs or markings or both by the
o' the City of Denton, Texas. Proper authorities
(a) That a "live
minute standing only' zone
established on the welt is hereby marked aide of Fulton Street between the two
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~ rrogswal.ke located
n front of the Denton Public giyh
School and extending from thr welt to the east aide of Fulton
Street, and the same shall
vehicles and shall be so not be used for the i
i Parking of ~
posted with Signs or markings or both
by tha proper authorities of the City of Denton
9t:C ION 1, r Texas.
"If in the even! any vehicle, except an ergency vehicle or authorised
pgrked In or upon thepolice or fire vehicle, shalland beFu found
certain portions of Crescent lton
atreete go described in Section f of this ,.rdihance
shall be removed oe
caused ' tO game
to some to be removed by cny police officer
and taken
place designated or maintained by the pollee
department for such purpose and kept until apPllcatton for
redemption is made by
the owner or his authorised agent or other
Person legally entitled to pozseselon of such vehtei• pursuant
to the provisions of
section 21-131 of the Denton Code of
Ordinances, as amended.
That 01 any reetton, subsection, parggreph, gentena,
cieuso, phraze or word to
this ordinance, or application thereof
to any pefeon or circumstances !s held invalid by any court of
compliant 1uriShccllon, loch holding shall not affect the
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validity of the remaining portions of this ~rdlnance, and the
City Council of the City of Denton, Texas, hereby declares it
would have cnarted such remaining portions despite any such
invalidity.
SECTIONN IV.
That all ordinances or parts of ordinances in fotce when the
provisions of this ordinance become effective which ;.re In
slat con-
1 ent or in conflict with the terms or provisions contained in
thle ordinance are hereby repealed to the extent of any such
conflict.
PECT10N V.
That It is hereby declared to be unlawful for any Person to
Park Any vehicle except an author1red emergency vehicle p*r
Police or fire vehicle on any portion of the above des^ribed
streets as is posted or marled by the proper authorities of the
City of Denton, and that section 1-5 of the Denton Code Of
11 Crdlnances, as arendcd, It Incorporated into this ordinance as
I if set out in full herein, and the penalty, by tine not to exceed
Two Hundred Dollars ($200,00) Is applicable hereto for each
separate offense.
6ECTION VI.
That this ordinance shall become effective fourteen (11)
days from the date of Its passage, and the City Secretary is
s I hereby directed to cause tht caption of this ordinance to be ,
published twice In the Denton Record-Chronicle, the official
newspaper of the City of Dentin, Texas, within ten (10) days of
the date of its passage,
PASSED AND APPROVED this the day of
19A0. 0
CITY OF DENS TO TEXAS
ATTESil
AA K I LT, rf R 1
CITY OF DENTON, Tr,KAS
APPROVED AS TO MAL FORM
C, 0. TAYLOR, OR CITY ATTORNEY
CITY of DENTON, MAS
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CITY OF DBNTON
MBIORANDil4
DATE: March 26, 1960
TO, Heyyor and city council, City Manager
8 major of Community Development
FROM: C. J. Taylor, Jr.
City Attorney
S76JECT: Amendments to proposed Historic landmarc
Ordinance
inclosed is the proposed Historic Landmark Ordinance, as
amended, followintt the Marsh 230 logo council meeting, 1
following Chenfea Aave been made;
1, ear term (c)
y on Pete a has been Changed to provide *or two
year beme For memberr of the landmark commission.
3, Paragraph (d) rn Pate S has *•en changed by adding the
Chairran of the Denton Countyy Historic Commission as an ex
cfficle Member of the com0lsslon.
3. Paragraph (d) on Page 6 has been deleted which required a
decision by the Commission on whether the ewmission would
recommead th4t a persons property be lnvluded in a
designated plan. This is unnecessary since the ordinance
es changed now provides that no property shall be
dssignated as a historic landmark without the consent of
the Owners of the land.
e. Parsgraph (c) on Pate d has been amended by adding the
1 except that no property shell be included in any
(~✓J pproposed ordinance disifnating any prop arty so a ;
historic landmark without the consent of the owner
of the land.
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AN ORDINANCE A!a%MING APPENDIX B OF THE CODE OF ORDINANCES, THE
COMPREHENSIVE ZONING ORDINANCE, OF THE CITY OF DENTON, TEXAS
BY ADDING TO APPENDIX B A NEW ARTICLE 26A ENTITLED "ARTICLE 261
HISTORIC LANDSIARX PRESERVATION"; DEFINING THE TERM HISTORIC
LANDl4VRC; CREATING A HISTORIC LANDKW COt ISSION AND PROVIDING
FOR ITS POWERS AND RESPONSIBILITI'; PROVIDINP FOR THE DESIGNA-
TION OF HISTORIC LANDMARKS BY THE CITY AND ESTABLISHING
CRITERIA FOR USE IN DETERMINING HISTORIC LANDMARK DESIGNATIONS;
REGULATING THE REPAIR REMOVAL AND DEMOLITION OR REMOVAL OF
HISTORICAL LANDMARKS; WINING THE POWERS AND AUTHORITY OF THE
PLANNING AND ZONING COMMISSION OVER HISTORIC LANDMARKS AND OF
THE CITY COUNCIL; PROVIDING THAT HISTORIC LANDMARK DESIGNATIONS
SHALL NOT AFFECT PRESENT ZONING USES; PROVIDING A PENALTY.
WHEREAS, the Clty of Denton, Texas has a history and a
herl•ege unique and different from any other City in Texas
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which is worthy of civic pride and preservation; and
WHEREAS, the City Council recognizes its responsibility to
j preserve and protect places and areas in the City of historical
and cultural importance and signifi~:en:e for the general
welfare of the community;
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NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS,
HEREBY ORDAINS:
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SECTION 1.
Appendix B of the Code of Ordinances of the City of Denton,
Texas, the Comprehensive Zoning Ordinance of the City of
Denton, is hereby arended by adding to Appendix B a new Article
26A to hereafter read as follows:
ARTICLE 26A HISTORIC LANDMARK PRESU VATION.
Section 26A-1. "HISTORIC LANDMARX" DEFINED ,
4 As used in this article, the term "historic landmark" shall
mean any building, structure, site, district, area, or land of
architectural, historical, archaeological or cultural
importance or value, which the city council determines shall be
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protected, enhanced, and preserved in the ante-st of the
culture, prosperity, education and general welfare of the
people.
j Section 26A-2. DECLARATION OF POLICY.
The city council hereby finds and declares as a matter of
public policy that the protection, enhancement, preservation
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and use of historic landmarks is a public necessity and is
reovired in the interest of the culture, prosperity, education
and general welfare of the people. The purposes of this
chapter are:
(a) To protect, enhance and perpetuate historic landmarks
which represent or reflect distinctive and important elements
of the city's and states architectural, archaeological,
cultural, social, economic, ethnic and political history and to
develop appropriate settings for such places.
(b) To safeguard the city's historic and culture' ~i
heritage, as embodied and reflected in such historic landmarks
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by appropriate regulations.
(c) To stabilize and improve property values in such j
locations. '
{ (d) To foster civic pride In the beauty and accomplish-
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j dents of the past.
(e) To protect and enhance the city's attractions to
tourists and visitors and provide incidental
upport and
stimulus to business and industry.
(f) To strengthen the economy of the city.
(g) Te promote the use of historic landmarks for the
culture, prosperity, education, and general welfare of the ,
people of the city and visitors of the city.
Station 29A-3. HISTORIC LANDMARKS-DESIGNATION.
The city council may designate buildings, structures,
sites, districts, areas and lands in the city as historic
landmarks and define, amend and delineate the boundaries
thereof. The suffix "H" shall indicate the toning designation
of those buildings, structures, sites, districts, areas and
lands which the city council designate as historic landmarks.
Such designation shall be in addition to any other use
designation esta5lished in the comprehensive toning ordinance.
The toning map shall reffect the designation of a historic
landmark by the letter "H" as a suffix to any other use
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designation established under the Comprehensive roving
ordinance.
Section 28A•4, SAME-CRITERIA TO BE USED In DESIG ATIOBS.
In making such designations as set forth in Section 28A.3,
the City council shall Consider, but shall no be limited to,
one or more of the following criteria:
(c) Character, interest or value as part of the develop.
meet, heritage or cultural characteristics of the City of
Denton, State of Texas, o~• the United States.
(b) Recognition as a recorded Texas historic landmark, a
j national historic landmark, or entered into the National
Register of Historic Places.
(c) Embodiment of distinguishing characteristics of an
archittetural type or specimen.
i
(d) Identification as the work of an architect or master
builder whose individual work has influenced the development of ;
the city.
(e) Embodiment of elements of architectural design,
detail, materials or craftsmanship which represent a
significant architectural Innovation.
(f) Relationship to other distinctive buildings, sites or +
areas which ■re eligible for
preservation according to a plan
! based on architectural, historic or cultural motif.
(g) Portrayal of the environment of a group of people in j
an area of history characterized by a distinctive arclA tectural {
Style.
(b) Archaeological value in that it has produced or can be
expected to produce data affecting theories of historic or
prehistoric interest.
(i) Exemplification of the cultural, economic, social,
ethnic or historical heritage of the city, State or United
States.
PACE 3
w,a•sr~ iI
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Loutior. as tF. site of a significant historic event.
(3;) Identifi rtion With a person or persons who
significantly contributed to the culture and development of the
city, State or United States.
(1) A building or structure that because of its location
has become of value to a neighborhood, community area, or the
city.
(m) Value as an aspect of community sentiment or public
pride.
I
Section 28A-S. HISTORIC LAKMMK COH41SSIOR-CRFATED.
(a) There is hereby created a commission to be kn "-n ■s
the historic Landmark Commission of the City
of Denton, here-
!natter called the "landmark commission," composed of nine
members appointed by the city council. The landmark commission
shall include at least one representative from each of the
following organizations or professions:
(1) Denton County Historical Commission.
(2) The Denton County Bar Association.
(S) An Architect.
(a) A Certified Public Accountant.
(S) An owner of real property in the City.
j
(b) The other members of the landmark commission shall be
appointed from such other individuals and organizations as the
G i
j city council may in its discretion wish to consult or consider;
provided that no one business or professional interest shall
constitute a majority membership of the commission.
1 (c) Members of the landmark commission shall be appointed
,y
for two year terms, except that the original representatives
from the five fields of expertise shall servo for a term of two
years, and all other original members of the landmark
commission shall be appointed for a one year term. Thereafter
11 all members of the landmark commission shall be appointed for
two year terms. Vacancies in an unexpired term shall be filled
ty the city council for the remainder of the tern.
PACE t
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{i) In addition to the nine members +.,.,pointed by the city
council, the following persons or their designates shall sit on
the landmark commission as ex officio members:
1. The Director of Planning of the City of Denton.
2. The Building Official of the City of Denton.
3. The Chairman of the Denton County Historical
Commission .
(e) None of the ex officio members shall have voting
power, but shall assist the landmark commission in its v r ions
functions.
(f) The landmark commission shall meet as often as
necessary to dispose of the business of the commission or upon
call by the commission chairman or upon petition of ■ simple
majority of commission members. Five members present shall
constitute a quorum for the transaction of business and all
I
issues shall be decided by a majority of those members present
and voting, except that in those instances where only a quorum
of fire is present at a meeting, all Issues shall be decided by
at least four affirmative votes. Tht commission shall adopt
appropriate rules and regulations for the conduct of its
business and the election of Its chairman and other officers.
The minutes of each meeting shall be filed in the office of the
city secretary.
(g) The city attorney shall be the legal advisor fe the
1 e
j Historic Landmark C-mmission.
3 (h) The fact that one or more representatives from the
five fields of expertise may not at any given point be a member
of the landmark commission, for whatever reason or reasons, i
shall not affect the validity of any decision or act of the
commission.
Section 2BA•6. SAME-FUNCTION.
(a) The landmark commission shall thoroughly familiarize
itself with buildings, structures, sites, districts, areas and
lands within the city which may be eligible for designation as
PAGE s
f
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I
historic landmarks and shall prepare an historic landmark
preservation lam
p
plan," which shalhereinafter referred to as the
preservation
l:
(1) Establish criteria to be used In determinin^
whether certain buildings, structures, sites, districts, areas,
lands and other objects should be designated as historic
landmarks.
(2) Establish guidelines to be used in deterrination
of whether to grant or deny certificates of appropriateness and
certificates of demolition or removal.
(3) Formulate a program for private and public action
which will state the role of various city agencies In j
preservation of klstoric landmarks.
i
(1) Suggest sources of funds for preservation and
restoration activities and acquisitions, to include federal
sources, state sources
Private and foundation sources, as well
?
to aunicipsl sources.
(S) Recommend to the
proper agencies Incentives
designed to entourage historical preservation.
(b) The preservation plan shall be presented to the city
planning coamisslan for consideration and recommendation to the
city council for Inclusion In the comprehensive plan of the
city.
(c) The landmark commission shall recommend to the city
G planning comalsslon ordinances designating certain buildings,
structures, sites, districts, areas and lands In the city as
historic landmarks; except that no property shall be included
In any proposed ordinance designating any property as a
1 historic landmark without the consent of the owner of the
land, The landmark commission shall hold a public hearing on
all proposed ordinances and the owner of any land included In
the proposed ordinance shall be given at least ten days written
notice of the public hearing.
PACE 6
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I ~
(d) IE the landmark commission finds that buildings,
structures, sites, districts, Iands or areas cannot be
preserved without acquisition, the landmark commission
recommend to the city council ma
of that the fee or a lesser Interest
the property in question be acquired by glft, devise,
purchase,
char eminent domain or oatwherwise, pursuant to the d tv
char ter i nd stele and federal l, '
(e) where !here ore taACitions under which the required
preservation of a historic landmark would cause on the Owner or owners, use district changes may e ed recommended
commended
by the landmark commission.
(f) The designation of a historic landmark may be amended
or removed using the same procedure provided in this article
for the original designation.
(g) The landmark commission shall provide information and
counseling to owners of designated historic landmarks.
Section 29A•7.
CTIDN BY THE CITY PLANNING COFASISSION•
~ (a) The
city planning commission shall hold
public
hearings as provided for
in Article 1011f, Vernon's Annotated
E ! T.xas Statutes, to consider any historical landmark designation
Of divan..
after rcrefving a recommendation for the landmark
eommisslon. the noticed provided for in Article 1011f shalt be
sent tc III ;twrsrs of property which Is proposed for "p,p
designation .+r ! ns to the ad o
ining property oners
specified it 1:I1 a ;laic,
t (b) Within thlr,y days after the hearing, the cit
plsnn."I eoeuelasicn shall set forth in Y
datioa writing its *ecoevaee• '
Including the findings of fact that constitute the
basis for its decision, and shall transmit its recommendation
concerning the proposed ordinance to the city council along
with the recommendation of the landmark commission.
Faction 21A•1, RECORDING OF DESIGNATION,
Upon passage of a historic landmark designation ordinance,
by the City Council, the City secretary shall file a copy of
PACE 7
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1 ~
MA I
l 1
the ordinance vith City an! Denton County Tax Assessors
together with a notice briefly stating the fact of the
designation and shall send a copy of such notice to the o.ner
or owners of the affected property by certified mail.
Section 28A•p, EXTERIOR ALTERATIONS AND CHANGES-CERTIFICATE
OF APPROPRIATENESS ORDINARY REPAIR OR
liAINTENANCE, APPEAL,
No person or entity shall construct, reconstruct, alter,
change, restore, remove or demolish any exterior architectural j
feature of a designated historic landmark unless application be
made to the landmark commission for a certificate of
} appropriateness and such a certificate be granted. As used in
this article
~ the term /.exterior architectural featdre" shall
include but not be limited to architectural style and general
arrangement of such portion of the exterior of a structure as
I is designed to be open to rlew from a
~ public way.
(a) Procedure when building permit is roquiredr
4 (1) When applying for a building permit for the
exterior of a designated historic landmark, the applicant shall
submit two copies of all detailed ;fans, elevations
parapet-
civet, specifications and other documents pertaining to the
~ i
work to the building official, who shall forward such
application to the commission ebairman. Any applicant may
appear at a regular or special ■eetin
} commission before submitting an application g of the landmark
with slid commission durinr the review of the consult
application, permit
(2) The landmark commission, upon ten days written
notice to the applicant, shall hold a hearing on she appli•
f cation. Upon review of the application, if the landmark
j commission finds the proposed work of a nature which will not
i adversely affect any significant architectural or historical
' feature of the designated historic landmark, sad is appropriate
i
PAGE I
i
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a
and consistent with the spirit and purposes of this article, it
shall forward a certificate of appropriateness to the building
official after the public hearing and the building official
shall to advise the applicant after the certificate is received.
(3) if the landmark commission finds that the pro-
posed work will adversely affect or destroy any significant
arehitectural or historical feature of the designated historic
landmark or is inappropriate or inconsistent with the spirit
and purposes of this article, it shall notify the building
official that the application has been disapproved and shall
I notify the applicant of the disapproval and of the changes in
the application which are necessary to secure the approval of
the application.
I
(1) If no action hits been taken by the landmark
commission within sixty days of original receipt by the
landmark commission, a certificate of appropriateness shall be
deemed issued by the landmark commission, and the building
official shell so advise the applicant.
i
f61 No change shall be made in the application for any
f i
building permit after issuance of a certificate of appropriate-
ness without resubnittal to the landmark commission and
opproval thereof in the same manner as provided above.
(6) After a decision is reacbad by the landmark
commission denying an application for a certificate of appro-
priateness, a resubmittal of application will not be accepted
for additional hearing within a twelve-month period from the
date of final decision except upon written request by the
applicant indicating that there has been a change in conditions
or that all changes in the application as recommended by the
landmark commission have been made.
(b) Procedure when building permit is not required:
(1) Those proposed exterior changes and alterations
not requiring a building permit shall be submitted in writing
PAGE 9
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directly to the historic landma:k commission for it certficate
of appropriateness which must be granted before such work can
be undertaken,
Applicant shall submit ■ copy of all proposed alterations
aid changes to the commission. The application must
specifically describe the alteration or change proposed. Any
applicant may appear at a regular or special meeting of the
landmark commission before submitting an application and may {
consult wlth said commission during the rerlew of the
a,;plLost Ion. j
(i) The landmark commission, upon ten days written
notice to the applicant, shall hold a hearing on the
application. Vpon review of the application, if the landmark
commission finds the proposed work of a nature which will not
adversely affect any significant architectural or historical
feature of a designated historic landmark and is appropriate
I
and consistent with the spirit and purposes of this article, it
shall forward a certificate of appropriateness to the applicant
within thirty days of the receipt of said application.
f (S} If the landmark commission finds that the pro- +
posed work will adversely affect or destroy any significant
1l architectural or historical feature of the designated historic
landmark or is inappropriate or Inconsistent with the spirit
and purposes of this article, it shall notify the applicant
i
{ within thirty days of receipt of said application that the
j application has been disapproved and shall include in such k
notification the changes necessity to secure approval of the
application.
(4) If no action his been taken by the landmark
commission within sixty days of the receipt of the application,
a certificate of appropriateness shall be deemed issued by the
landmark commission,
PAGE 1D
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I rn~
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` 1 1
if
i
(5) No change shall be made in the application for
issuance of a certificate of a ro :fa
PF p teness without '
F resubmittal to the landmark commission and approval thereof in
the same manner as provided above.
(G) After a decision is reached by the landmark
commisF'.n denying an application for certificate of
appropriateness, a resubmittal of application will not be
accepted for additional hearing within a twelve month period
from the date of final decision except upon written request by
the applicant indicating that there has beta a change in
conditions or that all changes in the application as
recommended by the icndmark commission have been made.
j (e` ordinary repair or maintenance:
j
Ordinary repair or maintenance which does not involve
changes in architectural and historic value, style or general
design is exempt from the provisions of this section.
(d) Appeal.
E
Any applicant or interested person argrleved by a
i
ruling of the landmark commission under the provisions of this
section may, within thirty days after the data of such ruling,
appeal to the city council.
r
Section 28A•20. HISTORIC LANDWIS•DEMOLITION OR REMOVAL. ,
(a) If in application is received for demolition or
t removal of a designated historic landmark, the building
tl+ official shall immediately forward the application to the
landmark conmission. The landmark commission shall hold a
public hearing on the ap,.:,orlon within thirty days after the
application Is initially filed with the building official. The
applicant shall be given ten days written notice of the
hearing. The landmark commissioi shall consider the state of
repair of the building, the reasonableness of the cost of
restoration or repair, the existing and/or potential
usefulness, Including economic usefulness of the buil.ing, the
purposes behind preserving the structure as a historic
PAGE 11
Ay.
1
landmark, the :hLracter of the neighborhood, end all other
factors it finds appropriate, If the landmar?. commission
:canines that in the interest of preserving historical
values, the structure should not be demolished or removed, it
shall notify the building official that the application ass
been disapproved, and the building official shall so advise the
applicant within five days therefrom. If the landmark commis-
/ 91 on determires that the interest of preserving historical
r
values will not be adversely affected by such demolishment or
removal or that the interest of preserving historical values
I
{
:an !,tit be served by the removal of a structure tc another
speci:iad location, it shall issue Its certificate of
demolition or Its certificate of removal, as may be appro•
i
Fritts, to the building official; and .he building official
I '
i shall so advise the applicant within five days therefrom.
j
fb) If no act.on has been taken by the landmark commission
within sixty days of original receipt by the landmark commis-
sion of the application, a certificate of demolition or a
c certificate of removal shall be deemed Issued by the landmark
~ commission and the building official shall to advise the
applicant.
(c) After a decision Is reached by the landmark commission
t~ denying an application for a certificate of demolition or a
certificate of removal, a resubmittel of application for such a
certificate will not be accepted for additional hearing within
z a twelve-month period from the date of final decision.
(d) Any applicant or the owner of any property located
j within three hundred feet of any landmark who is aggrieved bi, a
ruling of the landmark commission concerning same landmark
under the provision of this section may, within sixty days
after the ruling of the landmark commission, appeal to the city
council. Following a public hearing to be held within thirty
days of the filing of a notice of such appeal with the city
secretary, the city council may, by a simple majority vote,
PAGE 22
117
bi].94
uphold or overturn any ruling of the landmark commission made
pursuant to this section.
Section 2SA•11, PROCEOURE FOP, OBTAINING BUILDING PEVIT
REMOVAL PTRKIT, DEMOLITION FEI:HIT AND F6R
ALTERING THE ER,ERIOA OF A BUILDING OR
STRUCTURE DURING PENDENCY OF CONSIDERATIOK
OF SUCH BUILDING OR STRUCTURE AS A HISTORIC
LANDPMR OR AS PART OF A HISTORIC LAND.W..I'.
(a) From and after the date on which the question of
whether or net any building, structure, or site within the City
should be designated as a historic landmark is placed upon the
agenda for any special or regular meeting of the landmark
commission, or from and after the date on which such agenda is
k posted In accordance with the provision of Article 6232.17,
I V.A.T.C.S., ■s amended, or from and after the date that the
landmark commission approves or recommends a preservation plan
or ■ny amendment of any existing preservation plan which
embraces or includes the building, structure, or site within
! the city, whichever data first occurs, no building permit
i
allowing the construction, reconstruction, alteration, change,
restoration, removal or demolition of any exterior
i architectural feature of any building or structure than
existing Including or embraced in whole or in part within the
j i scope of such egeria consideration or such preservation plan or
s such amendment thereof, as the case may be and no permit
allowing the demolition or removal of ail or any pert of any
j
k such building or structure may be issued by any official of the
city, nor if no such permit is required, may any person or
entity construct, reconstruct, alter, change, restore, remove
or demolish any exterior arcnitectural feature of any such
building or structure, until the earliart of the following
conditions have been met:
(1) A final and binding certificate of appropritte-
At$$, removal or demolition, as may be appropriets, has been
issued by the landmark commission;
(2) The Iandmatk eommission falls to make a recommen-
da,ion that some pate or all of any such building or structure
PAGE 1g _._.......w............._...,.~__..~.._
t
f
be designated a historic landmark or be included within e
historic landmark or within a preservation plan or an amendment
thereof within sixty days following the earliest of the above
described dates activating this section application under the
circumstances; or,
(3) A final and binding decision has been made by the
city council that no
part of any such building or structure
shall be designated a historic landmark or shall be Included
within any designated historic landmark, provided, however,
that should the city council fell to act within ninety days
from the date an appeal is filed, the requested permit shall he
I
granted. The ninety day time lititstlon flay be waived by the
Appellant to allow the city council an adiltlonal thirty days
in which to act,
(b) it shall be the duty of the landmark commission to
furnish the building official with a copy or written ne.iee of
i
i ;
each such written order or such agenda or such preservation
plan or amendment thereof, as the else may be, as promptly
~
} after the preparation thereof as is practicable, The failure
to so furnish the building official with a
~ I f eoPY or written
notice thereof, however, shall not have the effect of
validating any building permit, removal permit or demolition
3 permit issued in ignorance of any such written order or
agenda. in any
instance in which any such permit may not be
required, it shall be the duty of the landmark commission to
i give notice of Any such written order or such agenda or such
preservation plan or amendment thereof to the owner or owners
of any building or structure Included within the scope thereof,
1
which notice shall be deemed complete when actually given,
t orally or In writing, to such owner or owners, or when written
notice thereof is deposited in the United States mall, postage
prepaid, certified or registered, with return receipt
requested, addressed to such owner or owners, whichever event
first occurs.
PAGE 14
W Any permit Issued to any person or entlt}• from or
after the date of an)' such written order, or such agenda, or
'.he spProval or recommendation of such preser~~',.wn plan or
amendment thereof, is the use may be, shall be null, void and
of no force or effect until the earliest of the events
described in subparagraphs (1), (1) and (3) of subsection (a)
next above to occur.
(d) Notwithstanding any other provision of this chapter,
no building permit, removal permit or demolition permit shell '
be issued by the building inspector for any structure located
In a National Register District except as author12td by the
i
subsection. 1'he building inspector shall notify the landmark
commission Immediately of any application requesting a building
perch, removal permit or demolition permit for a structure
i located In a National Register District. No such permit shall
{ be issued by the building inspector before the landmark
Illij commission has made a recommendation or scheduled the structure
on Its agenda or before the expiration of forty (10) calendar
f days, %,hichever Is sooner. If a structure is made an agenda
item, it shall be scheduled for a public hearing as soon as
adjacent property owners are notified. For purposes of this
y subsection, "National Rag4gter District" is defined is a
designated area possessing , significant c ,
oncentretSon, linkage
or continuity of sites, building structures or objects xhich
i
j are separated geographically but are linked by association or
history; provided, that no area may be considered a National
Register District for purposes of this subsection unless It has
been designated in the Federal Register pursuant to the
National Preservation Act of 1966, as amended, prior to the
effective date of this amendment, and until maps depicting such
arts are made available for inspection by the public in the
office of the building Inspection Department, Notwithstanding
any provision hereof, this section shall not apply to
geographical areas designated as historic districts under the
provisions of this ordinance
PAGE 13
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aaaea~n , _ _ .
Section 29A•22. SAKI-MISSION' OF 1ErESSAP.Y REPAIRS.
(a) The exterior of a designated historic landmark shell
be maintained to insure the structural soundness of such
landmtrk.
(b) If the landmark commission finds that there are
reasonable grounds to believe that a designated historic
landmark is structurally unsound or in imminent danger of
becoming structurally uuscond, the landmark commission shall
notify in writing the owner of record of the designated
historic landmark of such fact.
(e) Upon the giving of ten days written notice to the
owner of record of such designated historic landmark, the
landmark commission shall hold s public hearing to determine if
f the designated historical building is structurally unsound or
i in Imminent danger of becooing structurally unsound. The
landmark commission's report may include evidence of economic
I hardship or willful neglect.
111 (d) At the conclusion of the hearing, if the landmark j
commission finds that she dw lgnated historic building is
E structurally vaeound or In danger of becoming structurally
( s unsound and that no valid reason exists at to why the owner
k
r ( cannot or should not undertake to safeguard the structural
f ' soundness of the building, it shall in writing notify the
record owner of the finding.
(e) The owner of record of a designated historic landmark
who has been notified by the landmark commission that such
landmark is structurally unsound or in danger of so becoming
shall within ninety days of receipt of such notice, satisfy the
historic landmark commission than reasonably necessary repairs
to safeguard the structural soundness of the landmark have been
effected.
(f) if the landmark commission determines that the
building is structurally unsound but there are valid reasons
why the owner cannot or should not undertake to safeguard the
structural soundness of the building, it shall forward to the
PACE 16
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city council Its recommendation as to what action, if any,
`C should be taken on the structure.
f (g) Any applicant or interested person aggrieved by a
ruling of the landmark commission under the provisions of this
section may, within thirty days after the date of such ruling,
appeal to the city council.
Section 2BA•11. HISTORIC LANDMARX DESIGNATION TO
COEXIST KITH OTHER USE CLASSIFICATIONS.
Use classifications as to all property ictrich may be
included in a historic landmark designation shall continue to
be governed by the comprehensive toning ordinance of the city
and the procedures therein established,
Section 2BA-14. HISTORIC DISTRICTS DEFINED; RESTRICTIONS
IMPOSED THEREIN; CRITERIA FOR DISTRICT
BOUNDARIES ESTABLISHED; REQUISITES FOR
APPLICATIONS FOR DISTRICTS SET FORTH;
CRITERIA FOR EVALUATING SAME PROVIDED,
DISTRICT PRESERVATION PLANS DEFINED; MIS.
j CELLANEOUS ADMINISTRATIVE REQUIREMENTS OF
LANDMARX COMMISSION SET FORTH; PROCEDURE J
} FOR MODIFICATION OF ORDINANCE PROVISIONS
ESTABLISHED,
(a) DEFINITION. Districts Which may be designated
Historic Landmarks pursuant to Section 21A-1 shell herein be f
referred to as "HISTORIC DISTRICTS" and shall mean
geographically definable areas; possessing significant
concentration, linkage, or continuity of buildings, structures,
sites, area or land which are untted by architectural, his-
torical, n1, archaclogfeal, or cultural importance or signlticance.
(b) RESTRICTIONS. All buildings, structures, sites, areas
or lands located with a designated historic, district, whether
I
IW,-idually designated historic or not, are subject to these
regulations. No parson or entity shall construct, reconstruct,
alter, change, restore, remove or demolish in any way the
exterior features of such building, structure, or site, area or
land until a permit has been granted by the building official
of the City of Denton. FUrthermors, no public improvements,
including, but not limited to, street construction, signs,
lighting, sidewalk construction, parking facilftles and traffic
PAGE 17
=now
ANN
system changes, expert traffic control signs and devices, she 11
be made within or affecting a hlstor'c district ►ithout
approval of the city counafl after recommendation has been
submitted by the landmark comrission and appropriate city
departments.
(c) DISTRICI BOUNDARIES. The boundaries of historic
districts shall be drs%m to as to include all buildings,
structures, sites, areas or lands which meet one or more of the
criteria set out in Section 2BA•3 herein or which directly
affect or relate to such buildings, structures, sites, areas or
lands meeting on one more of the Section 21A-3 criteria,
provided that at least 311 of the total structures within the
boundaries are of arr.hltecturd , historic, archaeological, or
i
cultural importance or value.
I (d) ESTABLISHMENT OF HISTORIC DISTRICTS.
(1) AppIicaticns for :onsideration of a historic
{ district shall be based upon architectural, historical,
archaeological or cultural importance or value and accompanied
by a report to the landmark commissloi containing the following
information.
{ (a) A list of specific buildings, structures, sites, {
areas or lands of importance or value located within the
proposed district boundaries and a description of the
particular importance or value of etch such building,
structure, site, area or land,
(b) A map showing the boundaries of the proposed
historical district drawn to a seals of 1".2001; and the
S location of each structure of Importance or value Identified by
A number or letter designation.
(c) Sufficient photographs of tech building,
structure, site, area or land of importance or value showing
the condition, color, site and architectural detail of tech;
and,
PAGE 11
r:
(d) A description of each building, structure, site,
Area or land of importance or value showing the condition,
color, site and architectural detail of each; and where possible
1. dtte of construction
2, builder or architect
3. chain of uses and ownership
e. architectural, style
S. materials {
i
6. construction technique
7, recogRnition by State or National Government as
architecturaFly or historically significant, if to
designated.
(2) Application for establishment of on historic district
on the basis of cultural or archaeologicAl importance or value
shell be accoripsnied by a report containing the following
Information:
(a) A map showing the boundaries of the proposed
district drawn to a scale of 1114001;
(b) A description of the cultural or archaeological
importance or value of the building, structure, site, area or
f
land being proposed for historic designation; and
(c) Any evidenr;e which would show recognition by
either the State of Texas and/or the National Government,
t
(3) Applications to Increase the boundaries of an historic
district may be made it one or more of the following conditions
are sett
(a) When buildings, structures, sites, areas or lands
of importance or value are related to the district are requested
for Inclusion.
(b) When facts previously undisclosed to or unknown by
the landmark cosaission are revealed which indicate that a
,)articular building or site to possessed of special
architectural, archaeological, cultural or historical Importance
or value.
PAGE 39
(
eaaams . -
i
N) Applications to reduce the boundtries of ■n historic
district ray be made when one or more of tho folIowl nI
conditions have been met;
` (a) When it car. be shown that a particular building,
f structure, site, area or land has no historic, architectural,
archaeological or cultural importance or value to the viability
of the district.
(b) When exclusion of buildings, structures, sites,
areas or lands is necessary for major new development that would
support either the architectural, historical, archseological, or
cultural character or economic viability of tine district,
(c) When it can be shown that no degradation of the
district either physical, historical, architectural, archae-
ological, or cultural will result from exclusion of property
r from the district.
11 (S) Application for inclusion or exclusion may be made when
either continued exclusion or inclusion of property within the
district would render it an economical Aardhslp for reason- able
continuation in its present exterior form. In order to
.stablish such economic hardship, the owner must show that no
reasonable alternative use exists which allows the exterior of {
e 1
the building to remain in it original style. In evaluating
economic return, the Commission may request the owner to
document the value, rents, returns, tax burden, and/or
contracts, pertaining to the property.
(e) CRITERIA FOR DESIGNATION OF HISTORIC DISTRICTS.
In evaluating applications for historic districts, the
landmark commission shall consider Sections 21A-3 and Saction
! 21A-13(d). It the landmark commission raeommatcr the
establishment of an historic district or districts, it shall
cause to be prepared an historic district designation ordinance
which shall contain, but not be limited to, the followings
(1) A statement of purpose setting forth the
commission's reasons for recommending designation of the
district; and
PAGE 20
`f i.khA"
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{2) A legal description of the boundaries of the
district;
(3) Xaps, charts and photogtaphs of the buildings,
structures, sites, areas, or lands located within the district;
(A) Findin,a that support the criteria required in
Section 28A•3 and 28A-II, if applicable, that establishes the
particular importance or value of the district,
{S) Recommendations for the protection and preser•
VatIOD of the district referred to herein to district
preservation plat„
i i
(f} DISTRICT PRESERVATION PLAN.
The district preservation plan shall include, but shall
not be limited to the following:
(1) Zoning Classification of Uses. The commission may
examine the uses existing within the district in terms of their
i
' Individual and continued effect upon the character, safety,
economic and physical impact of tie district and may recommend
such changes in coning, height end area regulations.
;
(2) building Code Requirements, Ths commission may
review and recommend an
~ Y amendments to the EuSlding regulations
it teals necessary to preserve the architectural and historic
I + r
integrity and authenticity of structures within each such
district,
(3) Sign Regulations, The Commission may review the {
provisions of the sign regulations that are permissible within
each such district and recommend such aiteratiot.s in rise,
location, type and constructiou they fail appropriate. In
preparing such recommendations, the Commission shall consider
existing signs as wall as criteria for future signs. In the
event that an existing sign or signs are deemed to have a
negative impact on the charaeter of the district, the Commission
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may recommend a method of removal or improvement of such sign or
signs, reviewing such sign changes with owners or tenants prior
to such reconmendation.
PAGE 21
(4) Psri:lnq P.eguLtions. The commission asr review
the parking regulations in existence in the district and
recommend Inv changes in numbers, or location of on- street and
off-street parking requirements it feels necessary to enhaice
the district. It shell review the adequacy of parking
facilities in or affecting the district and may offer recom-
nendations for such public and/or private parking lots, garages
or structures It deems to be in the best overall Interest of the
district.
(5) Architectural Regulations. As a guide for those
seeking a certificate of appropriateness pursuant to Section
IIA-s, the historle. landmark commission may, in conformance with
i
the applicable toning classif(cation, height and area
i limitation, and in keeping with the significant architectural,
historical, archaeological or cultural elements of each such
district recommend regulations affecting the exterior of the i
i building, Including, but not limited to, the followings
I j
(a) Acceptable materials for new construttlon such as
stucco, masonry, rttal and gloss curtain;
(b) Appropriate architectural character, scale and
/ detail for new construct on;
/ (c) Acceptable appurtenances to new and existing
structures such as gables, psrapdts, balconies and darmsrs;
(d) Acceptable textures and ornamentation such as
paint colors and types, use of wood, stone, mWtal, plaster,
plastics and other ran-made materials, use of shutters, wrought
and cast iron, finishes of metal, colors of glass, such as 1
silver, gold, bronze, smoke, and other details or architectural
ornamentation.
E` (e) Acceptable accessories on new or existing
structures such as light fixtures, gas lights, canopies,
j{ exterior carpentry, the or wood, banners, flags and
projections; and
PAGE 22
er
anyrs
(f) For those properties which are jites, areas,
lands, buildings, structures, or vacent lots whicn are not of
historical, architectural, archaeological or cultural importance
or value, development or redevelopment toy be at the owner's
discretion as long as there is no var;ance from the historic
district preservation plan to materiels, scale and detail,
appurtenances, textures, ornamentation ■nd accessories, and the
owner complies with existing regulations. In these instances,
no review by the landmark commission would be required, and no
t
j certificate of appropriateness would apply.
j (6) Transit and Traffic Operations. The commission
may review the transit and traffic operations in and through the
1 district and provide recommendations to the urban transportation
department and city council on routes, sched;iles, one-way and
two-way street patterns, park and rise, shuttle services and
pedestrian facilities that will enhance and preserve the
character of the district.
(7) Public Improvements. The landmark commission may
recommend to the city council occeptablo public architectural
` and engineering designs including street lighting, street
furniture, signs, landscaping, utility fed liter such as
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electric poles and wires, telephone lines; design textures of
sidewalks and streets, such as brick, ston- and tile, and such
other elements as deemed necessary for enhancement and
preservation of the distri:t.
(g) Administrative Requirements of Landmark Commission.
(1) When a historic landmark commission considers an
area as a possible historic district, it shall, prior to
rendering iti final recommendation and report, submit its
sport, including the district preservation plan or any proposed
ordinance umendments to all city departments, boards and
commissions and other pu:Iie agencies directly affected.
(2) In addition, it sball, and prior to rendering its
final recommendation, make the plan available to the landowners
in the proposed district. In the event the arts under
PAGE 21
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o .,sideta.'on hes established en. historic district committee,
the commission may include the comments of such committee £n its
final report, £f appropriate and desired, the commission should
recommend that the city council adopt the res~rtctions to a sure
that future public investment complies with the term of the
district.
(3) Commission approved medallions for designated
structures within the district shall be prepared and, subject to
i
the approval of the owners, may be affixed to the "81, designated
structures.
(h) Charges In Provisions herein. Such :frulatior,s,
restrictions, and boundaries may from time to t:ra be amended,
i
supplemented, changed, modified, or repealed. If case, however,
of ■ Nrittfn protest against such change, signed by the owners
of twenty percent or more either of the area of the lots or land
Included Ia auch proposed change, or of the lots or land
Immediately adjoining the same and extandi,,g 200 feet therefrom,
such amendment shall not become effective except by the
favorable vote of three-fourths of a.1 members of the city
council.
Section 21A•15. PENALTY
j~
(a) It shat) be unlawful to construct, reconstruct,
structurally alter, remodel, renovate, restore, demo.ish, rate,
or maintain
nr building, structure, or land in a hl Y.orie
landmark designation in violation of the provisions of this
'rdinanee, and the city in addition to other remedies, stay
Institute any appropriate action or proceedings to prevent such
unlawful construction, restoration, demolition, rating, or
maintenance, to restrain, correct, or abate such violation, to
prevent any Illegal act, business, or %!intenaace in and about
such premises.
(b) Any person, firm, or corporation 'el aIatIng any
provisions of thin ehaptar she;1 be guilty of s misdemeanor, and
shall be deemed guilty of a sep.rats offense for each day or
PAlf 24
1
Po^tlon theroof durirr which an> vlrletfon hereof Sa comnltteE,
continuos or is permitted,
1'l el at Ion r and upon conviction 05 ~m' such
be punishable b]• a ffne not to exceed two
hundred dollars,
Section ]BA•16, NOTICE.
Any notice required to be given under
actually delivered this title, if not
shill be liven by deposStlnR the same in the
i 17
United States Sell, posteRe
entlt prepaid, addressed to the
Y to whom such notice Person or
address, than is to to Riven at his last known
notice !a ,equired to be liven
1, own ere of property, such
1j noelee, to en oxner or eertitied or delivered or
E reRlstered mall sailed by
may be
Owner, addressed to such owner or
i who have rendered their said
the Ownershl Preperty for city taxer as
p ePP++ra on the lest approved city tax
SECTION 1 ro11,
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this ordim,ce she11 become effective
date of PaasaRe end from and after its
publication is required by law,
PASSED AND APPA6YED this the ` day of
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City O E TTODN' TEGR` S
j ATTEST-
CITY
01 EV28 o }0 t VFAfp
APPROVED A TAYLORS LEGAL POAkf
ATTORNEY, Cffl' OF,DENTCN
781U5
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CITY OF DENTON
MEMORANDUM
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DATE OF MEETING:_ April 1, 1980
CITY COUNCIL AGENDA ITEM (USE EXACT WORDING AS ITEM IS TO BE PLACED ON AGENDA)t
:onsider a resolution authorizing the signatures and the signing of the escrow
agreement with the State for the widening of Loop 288,
SUMMARY:
State has retained escrow agreement for approximately $4090000. Council needs
to pass resolution authorizing signatures for the escrow agreement and sign
the escrow agreement. They should also take related action to agree on amount
the City should fund and instruct staff to return the escrow agreement to the
Highway Department after the contract and checks have been received from Melvin
Simon,
j FISCAL SLMMARYt
I Cost to the City will be $300,000 less the assessment if the Council wishes to
pursue this in the future. The assessment would net the city approximately
$30,000. Bill McHary from Finance will add the funding sourcos.
{ 3
( ACTION REQUIRED:
Council should adopt resolution and sign the escrow agreenent art instruct
staff to steps they should take to obtain an agreement and funding from
Melvin Simon,
ALTERNATIVES:
Not to sign resolution and escrow agreement and not widen 288 at this time.
STAFF RECOMMENDATIONS:
Staff recommends approval of resolution and signing of the escrow agreement
EXH IBIT$:
1. Memo to O.C. Hartung
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CITY OF DENTWI
MEMORANDIIM
TO: G. Chris Hartun;
FROM: R. Svehla
DATE: March 27, 1980
RE: Escrow Agreement with the Highway Department for widening of 288
1 a resolution authorizing signing of this agreement and reconrnenda-
tions on steps needed to insure the City has a limit of $300,000
liability.
I I
y We have finally received the escrow agreement from the Dallas Office of
i Highway Department. The amount of money needed to be put up for widening
iM { of 288 will be approximately $409,000. In order to meet State requirements,
all present Council members will be required to sign the escrow agreement.
The Highway Department will also req!d re the Council to pass a resolution
authorizing all members of the Council to sign the escrow agreement. The
attorney has drawn the resolution and it is included in the packet.
In September of last year, Melvin Simon and Associates (the Mall owners)
made a presentation to the Council asking for the Council's help in
widening 288 frdn the MKT tracks to I-35f. At that time, Melvin Simon
proposed to fund anything over $300,000 plus all the engineering costs
of retaining Carter and Burgess to do f!,i engineering design. We have
had phone conversations with representa :ves from Melvi,! Simon today and
they have assured
us they still intend to fund anything over $300,000.
Their attorneys are drawing up a contract indicating this and we hope to
have copies available for Council review by Monday.
Finally, at the September meeting, the Council also decided to take the
staffs recommendation to assess the frontaga on each side of 288 at $15.00
per front foot. Staff still recommends this proposal and if the Council
still wants us to do this, we suggest that the Council follow this procedure:
I
1) They pass the resolution auViarizing the signing of the escrow
a3reerient and sign the escrow agreement.
2) Instruct staff to hold escrow agreement until a check and an
agreement from Melvin Simon is received for any expense over
$300,000.
3) Once the escrow agreement and related contract and checks have
been completed, Council adopt an assessment ordinance assessing
both sides of 288 at $15.00 per front font.
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Memo to G.C. Hartung
Escrow Agreement of Mall
Page 2
Staff will be available for any questions that you and the Council might
have.
Rice vDirector of Public Works
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ft6SO11Uf ION
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WHEREAS, the city of Denton desires to widen Loop 288 from
the MKT Railroad tracks to U.S. Interstate 35; and
WIIEREAS, the State of Texas has agreed to participate with
the City of. Denton on this project; and
MIEREAS, the State of Texas requires that all council-
persons of the City of Denton execute, an escrow agroement with
the State for its participation;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THS
j CITY OF DENTON, TEXAS, THAT:
SECTION I.
It is the intent of the City Council of the City of Denton,
1 Texas to participate with the State of Texas in widening Loop
4 288 from the MKT Railroad tracks to U. S. Interstate 35, and
I
all councilpersons are hereby authorized to execute the
necessary Escrow Agreement required by the State of Texas to
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achieve this purpose,
SECTION 116
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That this resolution shall take effect immediately from and
after its passage and approval.
PASSED AND APPROVED this the day of
19 8 0. , f
CITY OF DENTON$ TEXAS
AT f ES?':
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J, TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
CITY of DENTON, TEXAS MUNICIPAL EUILDING / DEN TON, TEXAS 76201 / TELEPHONE (817)566-1200
TO: Chris Hartung, City Manager
FROM: W. H. McNary, Director of Finance
DATE: March 27, 1980
SUBJECT: THE FINANCING FOR THE WIDENING OF LOOP 288
V ~
` Because of the urgency of widening Loop 288 and the current
uncertainties of the municipal hond market, the most appropriate
method of funding this project is through internal financing.
Included on the agenda for April 1 is a resolution which provides
fov the transfer of funds from the Electric System Fund to the 1
Street Improvement Fund in the amount of $300,000. +
These funds represent excess cash generated from the refunding of
Electric System Bonds in 1978. 'there is no programmed requirement
for these funds within the next 5 years. This resolution provides {
4 for repayment of the cash advance through general revenues and at an
interest rate of 10%. Repayment of this loan is feasible because of
the increase in sales tax revenue generated by the Mall.
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W. H. McNaryy
Director of Finance
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U E_S 0_L U T 1 0 N
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, THAT:
SECTION 1.
The project entitled "Widening Loop 288" is hereby
approved for the Street Improvement Fund.
SECTION 11.
The City Manager is authorized to transfer the sum of
$300,000 from the Electric System Fund to the Street
t Improvement Fund as a cash advance to be repaid from General
Revenues over a five (5, year period at an interest rate of ten
I
percent (10%).
` PASSED AND APPROVED this the _ day of
f
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CITY OF DENTON, TEXAS
ATTEST: ~I
Wtin~b -T; C7Tf EMMY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FOAM:
C, J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON$ TEXAS
.
DENTON CIRL'9 SOFTDALL ASSOCIATION
) THE STATE. OF TEXAS S
COUNTY OF DENTON 1 CONTRACT FOR SERVICES
This Agreement made this the lot day of April, 1980, by and
j between the Denton Girl's Softball Associattc7, hereinafter
referred to as the "Association", and the City of Denton, here-
f inafter referred to as "City", each acting by and through its
authorised officials, pursuant to the following terms and
condttionar
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City Agreos to deposit with the Association the sum of Four
j Thousand one Hundred and No/100 (14,100.00) Dollars and certain
r
fees and i charges
hereinafter described, for the City's fiscal
!J year 1980. Association shell submit an annual budget to' the
Denton Parks end Recreatlon Department for approval which shall
E set forth on an item by item basis the fees and charges herein-
after described, and the above Four Thousand One Hundred and
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No/100 ($4,100.00) Dollars, the City will make one ptyment to
the Association on the lot day of April 1980, in the amount
j projected to the annual budget. City shall make such payments
f r` solely from current revenues in the budget of the Parka and
j i Recreation Department. Expenditures shall be authorited for a
period from April 1, 1980 through August 11, 1980.
II.
Association agrees to provide qualified umpires for all I
Girl's Youth League Softball games and special gapes that are
sponsored by the Denton Girl's Softball Association.
III.
.
Association agrees to the following additional terms and
conditions
1. It will establish a separate bank account for deposit
of the Four Thouaand one hundred and vc/100 ($4,100.00) Dollars
paid tc the Association by the City and 411 expenditutas for
carvicos provided ahall be made from this account.
~ a~M/N v
.M1G440~~
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2. It will establish, cparate, and maintain an account
system for this program that will allow for a tracing of funds
I and a review of the financial ctatus of the program.
3. it will permit authorised officials for the City of
Drnton to review its books at any tire.
4. It will reduce to writine, all of Its rules, requla-
tiona, and policies and file a cop, with the Director of Parka
and Recreation or his authorized representative along with any
amendments, additions, or revlstons whenever, adopted,
5. It will not enter Into any contracts that would
encumber the City funds for a
{ period that would extend beyond
tho term of this Agreement.
` 6. It will prepare and submit a report of expenditures and
revenues to the Director of Parks and Recreation or his repra-
j sentatlve by the 1st day of September, 1980.
'l. It will refund the balance of the special account -to
the City of Denton on or before September 10 1980.
{ [ A. It will promptly pay all bills when submittedt unless
there is a discrepancy in a bill which should be promptly
4 I reported to the Director of Parks and Recreation or Ila mull-
t( ocized representative for further direction.
{ 9. It will appoint a repraaentattve who will be available
to meet with the Director of Parks and Recreation and other
City officla!u when requested, j
10. it will indemnify and hold harmless the City from any
and all claims and suits srlatng out of the eotivltles of the
i
As.vo:tation, its employees, and/or contractors.
11. :a will obtain releases from the officials which will
release, indemnify and hold harmless the City and the Asso-
elation from any claims, injuries, or damages of the officials.
12. it will retain officials as ladepandent contractors and
not as employees.
f '
The general terms and conditions are as follows.
1. If any of the terms and conditions are not complied
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With by the Association, the City is authorised to refuge to
E make any further payments until the condition on which the
complaint is based is cerrected to the satisfaction of the City.
2. Thin contract shall be subject to all valid ru:es#
i j rogulations, and lawn applicable thereto as promulgated by the
united States of America, State of Texas, or any other govern-
i mental body or agency having lawful jurisdiction,
3. Association is authorised and should give notices
I
required herein to the Director of Parks and Recreation or that
person's authorised representative.
Any contributions or gifts received by the Association
i are not sub act to the
j provisions of this contrast and they,.
e should be kept separate and apart from the funds, charges, and
E fees covered by this contract.
f[ 1 S. Association shall provide Its services and be paid by
3 the City in the capacity of an Independent contractor and not
f i as an agent or department of the City. It shall have complete
t ~
control, supervision, and responsibility for its activities
1 { under this contract including the hiring, supervision, end
control of its employees.
i
IN w1'PNESS Rumor, the parties here h, acting under
j
{ authority of their governing body and Board of Directors, have
caused this contract to be duly executed In two counterparts,
i
each of which will constitute an original, as of the tat day of
April, 1980.
i
' BILL NA , FRYOA
i CITY OF DENTON, TEXAS
y i
ATTESTS DENTON GIRL'S SOMALL
f ASSOCIATION
8Yt
3 BA KS H T, CITY SECRETARY ID M, pRESIPENT
i CITY OF DENTON, TEXAS
APPROVEO AS TO LEGAL FORM:
C. J. TAYLOR, JR.t CITY ATTORNEY
CITY OF DENTON, TEXAS
j
81't ~
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City of Denton
Memorandum
April 1, 1980
Agenda Item:
Consil.er the final plat of Skyline Addition.
Summaw.
The petitioner, Mr. R. B. Melton, Jr. seeks to subdivide a 777 acre parcel,
which begins at the southeast corner of Lindsey and Kendolph Streets,into three
K(e3) ndolph isr60e3ifeetiX1140efeethandoestablgishestae10afootebuilding linenalongand
Lindsey Street.
Article 13 of the Comprehensive zoning ordinance specifies "on a corner lot used
for one-family or two-family dwellings, both street exposures shall be treated as
front yards on all lots platted after the effective date of this ordinance,
except that where one street exposure is designated as a side yard by a building
line shown on a plat approved by the City Planning and Zoning Commission containing
a side yard of ten (101 feet or more the building provisions on the plat shall be
observed."
{ The Planning and Zoning Commission considered the final plat of Skyline Addition
1 at their meeting of February 20, 1980 and recommended denial of the plat. Upon
request of the petitioner, the plat was placed on the Planning and Zoning Commission
Agenda of March 5, 1980 and was approved by the Planning and Zoning Commission,
j however the Commission was unaware of neighborhood apposition to the plat, moreover
the apponenets were unaware of their right to oppose the plat at the Planning
Commission meeting of March 5, 1980. For the purpose of affording the opponents
an opportunity to convent on this plat, this item was placed on the Planning
Commission Agenda once more and at their meeting of March 19, 1980 the Planning
Commission unanimously denied the final plat of Skyline Addition.
Concurrent with the Planning and Zoning Commission consideration of the plat, Mr.
Melton petitioned the Board of Adjustment to grant a 5 foot variance of the 10
foot building line being established by the plat. After mailing the public notice
to property owners within 200 feet concerning the 5 foot variance before the
Board of Adjustment a number of letters were returned to the Planning and Community
Develupment Department and were filed in the Board of Adjustmert case file, but
4 the letters were in opposition to both the Board of Adjustment varianca request
and the final plat of Skyline Addition! (The Board of Adjustment denied the 5 foot
variance request at their meeting of March 10, 1980.)
Recommendation:
The planning and Zoning Commission unanimously recomminded denial of the final
plat of Skyline Addition.
1
.Alternatives:
The City Council can either approve or deny the plat.
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...mow
Skyline Addition
Page Two
Action Required:
The City Council can either approve or deny the plat.
Exhibits:
A. Memo
B. Map
C. Petition, letters, and reply forms /
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SMALL TRACTS
L~
LINOSEY
w SM:~' 1r SO S. 17'
14a *0
LOT 2
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LOT 3
31
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We the undersigned oppose the replatting proposed by',R.
S. Melton, Jr., of the lot on the southeast corner of the
intersection of Lindsey and Kendolph. Because of the ele-
vation of the lot, a turn south from Lindsey to Kendolph
is practically a blind turn. The additional visual obstrue-
tioa resulting from a house being built only 20 feet from
Lindsey %ould make this turn quite dangerous.
In addition, Mr. Nelton has openly stated that the replatting
of this corner lot is the first step in an attempt to obtain
replatting of the large lot (approximately 460 feet of
i frontage on Rendolph) immediately south of the corner lot.
Mr. Melton has stated that he plans to request a replatting
1 oC this property into 6 lots with 60 foot fronts and one lot
E with 100 foot frontage, There are currently no lots on
Kendolph between 155 and Willowwood with 60 foot fronts.
f Mr. Melton his further stated that he intends to build homes
on.-these lots and to keep the ownership of these homes in
the Melton family. That is, Mr. Melton intends to ultimately
seek the replatting of a piece of property 610 1 by 225
for the purpose of building rent houses. We feel that thet
intrusion of ouch a large contiguous block of rent property
is damaging to the integrity of the neighborhood and clearly
violates the spirit of the current single family zoning,
M
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March 9, 1980
To: Planning and Zoning Commission, Denton, Texas ,
On Wednesday, March 5, 1980, the P. and Z. met for the second time
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to consider a request by R. B. Melton, Jr., for a replatting° the lot
on the southeast corner of Lindsey and Kendolph. The replatting was
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apparently denied the first time because of the size of one of j
the resulting lots. Mr. Melton's plan for replatting also carried
with it a request for a five foot variance. Slime of the immediate
neighbors were not! '•-3 by Mr. Charles Watkins, a staff member of the
P. and Z., of a me. C the Board of Adjustment on March 10 at
which time discussio! if the request for the variance would take place.
The adjacent property holders were not notified by the city of the
meeting when the replatting was discussed; some of the neighbors
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learned of this meeting of the P. and Z. as a result of an open
letter that Mr. Melton was circulating in the neighborhood. In
this letter Mr. Melton was seeking support for the replatting.
A call was placed to Mr. Watkins' office on Tuesday, March 41 in
order that more information concerning the meeting of March 5 could
be obtained. Mr. Watkins stated that the request for a replatting
had been denied the first time and h4 felt sure that it would be
denied the second time. He was specifically asked if those in oppo-
sition to the replatting should appear at the March 5 meeting with a
petition voicing their opposition. His replyf "No,'' In fact,
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he stated that this was essentially a closed meeting and that those
in opposition would not necessarily be given an opportunity to make
their positions known. He restated this same position on Thursday.
r.
Mr. Watkins indicated that the presence of those in opposition to this
replatting would not have had any effect on the considerations of
the P. and Z. Subsequently, members of the P. and Z. indicated that
the total lack of opposition at the March 5 meeting certainly con-
tributed to the approval of the replatting. The attached petition
indicates the existence of opposition.
Certainly the variance is not desirable to some. The 60 foot frontage
of one of the lots is damaging to the integrity of the neighborhood
(and it's very difficult to see well enough to turn south safely
at this corner as it is)j the variance merely exacerbates this
problem. But the larger issue concerns the propriety (or impro-
priety) of the entire procedure in this matter. Mr. Watkins'
i statements were unfortunate to say the least; to say they were
irresponsible is perhaps somewhat harsh but closer to the truth.
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It seems that by far the fairest solution would be to reschedule
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yet another hearing by the P, and Z. on this matter.
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Va underatar.d that a Planning and Zonlnq meitIng is sehedulid
on 1g %,arch concerning the proposed re-platting of the lot on
the corner of Kendolph and Lindsey. V nce ,e Ilv4 In that
-elghoor'nood and consider such activltiea of interest, va re-
grtt tnat Ni have a pr,:vI*us commitment that wIII prevent our
attending that meet Ing.
Ir+ Ilou of attendence we are sending this note to Indlcate our
concern about thin ratt-tr. Cur underatanding is tnat tie pro-
p.)sed replatttng roill result in the addltlon to our nelgh'oor-
hood of 0o Iots that are much setallar than any of the Iota In
the vicinity (maybe 604 smaller), !rh11e technically acceptable
under the prevailing zoning, they are out of place In the exist-
Ing neighborhood as It has evolved. oe fear that the approval
of tnis reyuaat may set a precedent that All allow the degrada-
tion of the character of a now well-established neighborhood.
u request that the proposal for replatttng be Cenied, The
original plat of this property is In line With the other proper-
ty In the vicinity and will tend to maintain the nelghborhood's
character,
Sincerely,
tvbkx~ i
Catherine F Conrad
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Plsnning and Zoning Commission
c/o Community Development Dept.
Municipal Building
E. McKinney St.
Denton, Texas 76201
Refs RePlat of Meltons at cor, of Lindsey and Kendolph
autfoot: Proposed Reconsideration by P&Z
Gentlemen:
Since I may not be a7ailr.ble on 19 Marcht I request
that this be inol•xded in the record and road at the recon-
sideration proceedings if they are held.
I an presenting this specially and not generally, in
order to suggest that the reconsideration of this matter
may not be procedurally proper, coming at the time it does,
and after adoption of a recommendation for approval.
I suggest that approval of a replat which conforms
to municipal ordinances is a matter of right on the part
of an applioant and is a statutorily-imposed duty on the
part of a commission and/or governing body. See Revised
Statutes 974s, part 4• 1 suggest that the Commission !
acted properly in approving the replat at its previous
meeting.
Approval of the side-yard building line shown on the
rsplat was discretionary, and if reconsideration were pro- I
per, a confirmation of the prior approval would be appro.-
priate since it will result in the swto side yard as the
house across he street and lack of such approval may result
in a conform._.~ struoture differing significantly from
established neighborhood arohitco.ure,
For the reasons stated above reconsideration should
LI not be made, but if it is, the prior approval should be
reaffirmed in all reapeotne
Respectfully submitted,
R. 9. M*I,ton Jra
15 Maroh, 1960
n~CcIY~D PAR ~ 9 1980
REPLY FOAM
Case No. 8A-1203
The Board of Adjustment would like to receive your comments on
tIiis•case in order that they may make a better informed decision.
If you desire to express an opinion, please complete this reply form
and return it to the following address by _ March 10 X090
City Planner
Municipal Building
215 East McKinney
Denton, Texas 76201
This reply form in no way affects your rights to attend the
public hearing and we encourage all interested parties to attend
and comment if they wish.
If you have any questions pertaining to the case, please call•the
Planning office at. 566-83500
REPLY RECEIVED MAP 12 4,980
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( ? I am in favor of this variance.
i (?C) I am opposed to this variance.
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My reasons and/or comments are as followst
'd, al, eL Ig _4011L ArQ
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Address
Phone Ko,
KEPLY FORM
Case No. BA-1203
The Board of Adjustment would like to receive your comments on
this case in order that they tray make a better informed decisioi..
If you desire to express an opinion, please complete this reply form
and return it to the following address by __MUIh tn.]SAO
City Planner
Municipal Building
215 East McKinney
Denton, Texas 76241
This reply form in no way affects your rights to attend the
public hearing and we encourage all interested parties to attend
and comment if thAy wish.
If you have any questions pertaining to the case, please call, the
Planning Office at, 566-8354.
• RECEIVED MAR 1198o
REPLY
( ) I am in favor of this variance,
I am opposed to this variance.
E My reasons and/or comments are as follows r
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- KLYLY FORM
Case No. EA-1203
The Board of Adjustment would like to receive your comments on
this -case in order that they may crake a better informed decision.
If you. desire to express an opinion, please complete this reply form
and return it to the following address by. Aych 10 19Rn
City Planner
Municipal Building
215 East McKinney
Denton, Texas 76201
This reply form in no way affects
your rights to attend the
public hearing and we encourage all interested parties to attend
and comment if they wish.
If you have any questions pertaining to the case, please call•the
I
Planning Office fit, 566-6350.
s REPLY Rfi4,V
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I am in favor of this variance, X80
I an opposed to this variance.
i My reasons and/or comments are as folloi s s r,ue t/c'ioo yyr
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PEPLY FORM
Case No. BA-1203
The Board of Adjustment would like to receive your comments on
this -case in order that they may make a better informed decision.
X£ you desire to express an opinion, please complete this reply four
and return it to the following address by _
march It)- IQAr .
City Planner
Municipal Building
215 East McKinney
Denton, Texas 76201
This reply form in no way affects your rights to attend the
public hearing and we encourage all interested parties to attend
and comment if they wish.
If you have any questions pertaining to the cass, please call, the
j Planning Office ;.t, 566-6350.
REPLY
RUES ;Sao
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I am in favor of this variance$
x) I am opposed to this variance.
1
E My reasons and/or comments are as followst,
(see &b&"*e* letter)
3ignatur.e -
Addrsss 1510 Xandolph
Phone No. . r, 332-2033 (home) 768-2403 (office
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1510 Kendolph
Denton, TX 76201
March 3, 1980
Mr. Charles Watkins
Development Review Planner
Municipal Building
Denton, TX 76201
Dear Mr. Watkins:
My wife and I own a house at 1510 Kendolph diagonally across
the intersection from the Melton property at 1605 Kendolph.
ingbat5 foot st to 'the ide yard setback Maltono Jr. hogseat-
at 1601 Kendolrh-
In the first place the proposed house would be too close to
the intersection and would cause a traffic hazard by blocking
the view of drivers entering the intersection. With all the
nsw houses being built on Willowood, there will be more traffic.
In the second placa the lot in question is very long and narrow
with a row of lArge trees on the south side of the lot. To
avoid cutting the trees, a builder would have to set the proposed
house squarely in the middle of the lot and, of course, build
! a very long skinny house. Such a long house built practically
on the sidewalk will be aesthetically unpleasing from both streets.
in the third place Mr. Melton, Jr. has given us the impression
that the house would not be for sale--that he would either live
in it himself or rent it. while we do not object to rentalmanaged
pcrty in the neighborhood, we do object to rental property
by the Meltons, particularly R. S. Melton, Jr. Since Mr. Melton,
Sr. and his wife Frances bought another house across town and
l have been renting the house at 1605 Kendolph, both the house and
j the yard have been in a state of disrepair even worse than befora
t their move. The corner lot on which the proposed house is to be
built is continually overgrown with weeds and briars. In fact,
one wcman in the neighborhood took it upon herself to trim the
bush at the corner of Kendolph and Lindseyunderste better tvisi hat-
bility to drivers turning the corner.
the present rental house is maintained by R,B.,Jro and that
whatever maintenance done is of the patch and piece variety.
Fourthly, Mr. Melton, Jr. indicated to us that he wants to build
the house himself. He has hauled in a number of scrap items
and stacked them by the old barn behind the Melton house, which
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is not only an eyesore (with its rusty old car and overgrown
weeds and briars) but also a fire hazard (it did catch on fire
last year). Are the scraps of lumber to be part of the new
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Melton's ouse? Are the used plumbing fixtures for the house also? Mr.
appropriate ltoitheerugged uindividualisme of cement t fromixer ntier r than more
modern suburbia.
Finally, Mr. R. B. Melton, Jr. indicated to one of the neighbors
that he hoped eventually to develop the large plot on Kendolph
south of the Melton house with rent houses similar to the one
he wants to build at the corner of Lindsey and Kendolph. The
area is zoned SP-7, which evidently requires a certain size lot
and house. Since that property is about 275 feet deep, Mr. Melton
suggested that he could divide it into lots 60 feet wide, thus
squeezing in a larger number of houses. Such a series of rental
row houses, whose renters have not been known for manicured yards,
would mean certain death to a quiet and beautiful neighborhood.
Becauae I teach a night class in Dallas at 6:00 on Monday nights,
i will be unable to attend the hearing. I certainly hope that
f your Board of Adjustment will not grant this request.
Sincerely yours,
13
Charles B. MartE
Darlyn D. Martin
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- REPLY FOEW
Case No. BA-1203
i
The Board of Adjustment would like to receive your comments on r
j '
this case in order that they may make a better informed decision.
If you desire to express an opinion, please complete this reply form
and return it to the following address by March 10, 1980
City Planner
Municipal Building
215 East McKinney
Denton, Texas 76201
This reply fora: in no way affects your rights to attend the
public hearing and we encourage all interested parties.to attend
and comment if they wish.
{ If you have any questions pertaining to the case, please call,the
Planning Office jit, 566-8350.
? REPLY I
I am in favor of this variance.
~X) I am opposed to this variance.
I ~
My reasons and/or comments are as folloass
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Signature '
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Address
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Phone No.
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7A- i2A3
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1601 Lindsey _ Street RE_ C L t, r- 0 S ,,,•1 0
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Denton, Texas 76201
March 3, 19BO
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Mr. Charles 5. Watkins
Jevelapment Review Planner
Office of Community Jsvelopment
Municipal auilding
Jentan, Texas T6201
Dear Mr, Watkins.'
R. d. Melton, Jr. has spoken to us about his request to replat
the corner lot located at Lindsay and KandoAph. Although we are
not situated near enough Mr. .Melton's prop *49d building site to
receive a notice of his variance request. .ur lot adjoins the
Melton proparty on the Lindsey Street sides •nd we are concerned
about hiu plan to build so close to the corner. 3ocause of limited
streets in this neighborhood, both Lindsay and Kendolph carry more
traffic than many residential streetsl traffic is likely to increase
as new families move into the area now being developed south of
4illowwood. The lrnd on this corner slopes up sharply fr)m the
st.ceat, and for sometime overgrown shrubs have mdda it difficult
for those of us who live in the neighborhood to sea around the
Melton corner. How much more our vision will be limited if a house
is built a mare 20 feet from the street, as Mr. Melton has pro•
j posad.
Clearly, the Meltons are trying to get as many lots as possih4,e
from this land. 'chile we can appreciate the financial advsn'age
this would afford them, the recent trend in this immediate roeigh-
borhood has been toward larger lots. In the past five years
{ three houses have been br.llt on If acre lots adjoining or situated
very near the Melton lano. Mr. Melton's plan to build modest
i rental units on small lots would certainly not enhance the property
f value of these homeowners, de have no reason to think that ad.
il) ditions), rental units would be better maintriinad then the property
surrounding the 1603 Kendolph house, which the family now rents.
The land seldom mowedl garbage which blows into the shr.~bary
remains r.r.jrs indefinitely, and an old barn is surrounded rith
E an accumulation of boards, plumbing fixtures aid a rusty Auto-
mobile which has not been moved for about a year,
chile we realize that the city cannot control the building of
rental unite, we hope that lots can be kept a rsasonable site,
and that a house will not be allowed only 20 feat from Lindsey
street, blocking the view at the Lindsay/Kendolph intersection.
Thank you for your consideration of this problem,
5lnearely,
~~r. and Mres A. gilliam McCarter
WWI
REPLY FORM
* Case No. BA-1203
The Board of Adjustment would like to receive your comments on
00 this-case in orrier that they may maka a better informed decision.
If you desire to express an opinion, please complete this reply form
and return it to the following address by March IQ, 19AQ
City Planner
Municipal Building
215 East McKinney
Denton, Texas 76201
This reply form in no way affects your rights to attend the
public.hearing and we encourage all interested parties to attend
and comment if they wish.
If you have any questions pertaining to the case, please call.the
Planning Office ot, 566-8350.
1
I 1 REPLY
( X ) I am in favor of this variance.
( ) I am opposed to this variance.
My reasons and/or comments are as follows!
A well-planned house on an attractive lot ,
Signature.
R. B, Belton (Sr,)
• Address a16 T.t~ri eedd nr.. nanten -
Phone No. 383-3391
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REPLY FORM
Case No. BA-1203
The Board of Adjustment would like to receive your comments on
E this case in order that they may make a better informed decision.
If you desire to express an opinion, please complete this reply form
and return it to the following address by March 10, 1290
City Planner
Municipal Building
215 East McKinney
Denton, Texas 76201
This reply form in no way, affects your rights to attend the
public hearing and we encourage all interested parties to attend
and comment if they wish.
If you have any questions pertaining to the case, please call, the
Planning Office 0,566-8350.
REPLY
1
( X) I am in favor of this variance.
( ) I am opposed to this variance.
by reasons and/or comments are as foliaws.
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-Address
Phone No.
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April 1, 1989
CITY COUNCIL AGENDA ITEM #
SUBJECT:
Consider Final Payment to LWFW Consultants for Aubrey
Reservoir Financial Feasibility Study.
SUMMARY:
In early September, 1979, the cities of Denton and Dallas
retained the services of LWFW, Inc., Consultants to perform a
financial feasibility study of Aubrey Reservoir. The Study
has been comr1eted to the satisfaction of both cities and
LWFW, Inc., has submitted a request for final payment (see
Exhibit I).
FISCAL SUMMARY:
Study costs have been allocated to both cities in proportion
to the percentage of the safe yield to which each city will
be entitled. The City of Dallas will pay 741 of the costs,
while Denton will pay the remaining 261. Payments to date
are as follows:
TOTAL COST DENTON SHARE DALLAS' SHARE
j i Payment #1 $10,742.66 $2,793.09 $7,949,57
ll M Payment 12 $ 6,311.26 $1,640.93 $4,670.33
Payment #3 $11,422.44 2 969.83 8 452.61
i i (final pmt)
f TOTALS $28,476.36 $7,403.85 $21,072.51
SOURCE OF FUNDS:
i
Budgeted Funds (Account #04-50-85-02)
i
ACTION REQUIRED:
Authorize final payment.
I + STAFF RECOMMENDATIONt
I The Public Utilities Board, at their meeting of March 26,
1980, recommended that final payment to LWFW, Inc., be
approved in the amount of $11,422.44 of which Denton's share
will be $2,969.83.
1
Respectfully,
k It. E. Ne son
Director of Utilities
EXHIBIT Is Invoice
I
v. INC. MANAGEMENT CONSULTANTS
Dallas Houston Austin
STATEMENT
February 11, 1980
Mr. Chris Hartung
City Manager
City of Denton
215 E. McKinney
Denton, Texas 76201
AUBREY - FINANCIAL FEASIBILITY STUDY
January - Professional Fees $10,181.25
Expenses 1 I241.19
j r1 TOTAL
$11,422.44
FINAL BILLING
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S 12700 Park Central, 3u1te 1805 Da1Jas, Texas ?3231 12W233-5561
CITY OF DENTON
MEMORANDUM
DATE OF MEETING: April 1, 1980
CITY COUNCIL AGENDA ITEM (USE EXACT WORDING AS ITEM IS TO BE PLACED ON AGENDA)t
Consider final payment to Claude Smith Construction Company for overwidth
paving on Kings Row.
SUMMARY:
Claude Smith Paving and Excavating has completed its construction of Kings
Row adjacent to Kingston Trace, Sections 1, 11, and III. The City of
Denton's cost is based on the cost of all improvements in front of the
' electrical substation and the cost for extra width and extra depth of
asphalt on the remainder of Kings Row,
FISCAL SUMMARY:
$19,156.19 is available from the Street Department to cover this expense.
i i
1 ACTION REQUIRED:
Council needs to recommend approval of.payment.
ALTERNATIVES:
1
4 Not to pay the amount of $19,156.19.
E
STAFF RECOMMENDATIONS:
The staff recommends approval of payment.
EXHIBITS:
1. Memo to G.C. Hartung
11. Memo to Rick Svehla
CITY OF DENTON
MrMORANDUM
TO: G. Chris Hartung
FROM: Rick Svehla
DATE: March 27, 1980
RE: Overwidth Pavement to Claude Smith on Kings Row
Attached is the memo from Greg Edwards showing quantities that we
need to pay for. The original estimate was about $18,500.00 dollars.
The extra amount of money is for lab elfrom the additional
that we asked for. Funds are avai
cover this expense.
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CITY OF DENTO"l
14EMORANDUM
TO: Rick Svehla
FROM: Greg Edwards
DATE: March 24, 1980
RE: Overwidth Pavement on Kings Row
Claude Smith Paving and Excavating 1,as completed its construction of
Kings Row adjacent to Kingston Trace Sections I, 11, and III. The
City of Denton's cost is based on the cost of all improvements in
f front of the electrical substation and the cost for extra width and
i extra depth of asphalt on the remainder sf Kings Row. The quantities
{ are as follows:
Item
Unclassified Excavation 20 C.Y. $3.25/C.Y. $ 65.00.
Concrete Curb and Gutter 40 L.F. 4.40 L.F. 176.00
Concrete Drive Approach 204.4 S.F. 2.00/S.F. 408.80
Lime Stabilization 1,625.55 S.Y. 2.25/S.Y. 3,657.50
i I
1 1/2" H.M.A.C. 1,594.44 S.Y. 2.55/S.Y. 41065 83
4 1/2" H.M.A.C. 1,594.44 S.Y. 4.85/S.Y. 7,733.06
1" extra depth H.H.A.C. 3,050.00 S.Y. 1.00/S.Y. b1~3015
We have verified that these quantities have been installed and that we f
have inspected the construction and tested the materials to assure our-
selves that the improvements were installed in accordance with City of
Denton specifications. We have received the one year Maintenance Bond
and feel that the payment to Claude Smith Paving and Excavating should.
be $19,156.19.
/duQ Cc~'tJ~o~
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April 1, 1980
CITY COUNCIL AGENDA ITEM
SUBJECT:
Consider Participation in oversize 16" Waterline along IH-35W.
SUMMARY:
i Bob Jones, a local developer dba/JJ Construction Co., is
developing a site on IH-35W (see Exhibit I). The City is
i requiring the 16" main and will participate in the difference
between the 16" and 8" required to serve Mr. Jone's
development.
FISCAL SUMMARYs
Low Bid
i
Cost of 16" Line $37,518.10 $26.99/ft.
Cost of 8" Line $19,794.00 $14.24/ft.
TOTAL COST TO CITY $17,724.10
a
Source of funds: Bond fund projects included in 1979-80 Capital
I Improvements Plan.
ACTION REQUIRED:
Approval to participate in oversize 16" waterline.
ALTERNATIVESs
1. Participation in the oversize line.
2. Do not participate in the oversize line and allow Bob
Jones to install and pay for an 8" line.
1 STAFF RECOMMENDATION:
The Public Utility Board recommends the approval to
participate with Bob Jones in the oversize portion of the
waterline.
Respectfully,,
R.E. Ne Bon//
Director of Utilities
EXHIBIT I Map
IT Participation Agreement
III 1979-80 Capital Improvements Plan
kc7~
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PARTICIPATION AGREDU NT
THE STATE OF TEXAS X
MMW ALL MEN BY THESE PRESENTS]
COUNTY OF DENTON X
THAT WHEREAS, Bob Jones is the developer of
certain property shown on the attached plat, which plat is
incorporated herein as if set forth in full, in the City of Denton,
Denton County, Texas, and desires to serve such property with
offaite water facilitiesp and,
WHERM # The City of Denton desires that such offaite water
facilities be oversized and the City will participate in the
' additional cost of the oversized facilities pursuant to the
f provisions of Section 25.75 of the Code of Ordinances of the City of
I Dentonr Texas;
s NOW, THEREFORE, THIS AGREDENT, made this day of
f 19 by and between Bob Jones , Denton, Texas,
r hereinafter called 'Developer', and the City of Denton, Texas, a
i
Home Rule municipal Corporation of the State of Texas, hereinafter
called 'City'1
WrIMSSMS
1. The Developer will install, by contract or otherwise, a
water line and appurtenances to serve the property described on the
attached plat in accordance with all City of Denton ordinances,
rules, regulations, policies and procedures. The said water
facilities shall be located as shown on the attached amps which are
aulde a part hereof for all intents and purposes.
2. The City's share of the eatiaated cost of said water facilities
is $17,724.10 . Upon completion of construction and acceptance by
the City of said water facilities, the actual cost of the City's
participation in said facilities shall be det-tirminad and certified
i
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to by the Director of utilities and his certif.'.aate setting out the
City's cost of said facilities shall be attached hereto and made a
part hereof. J
3. The City shall pay for its share of the facilities within
thirty (30) days from the date of acceptance of the facilities, or
under such terms and conditions that are mutually acceptable to the
parties.
4. Title to said water facilities is hereby and shall at all
times be vested in the City.
5. The Developer shall and does hereby agree to indemnify and
hold harmless the City from any and all damages, loss or liability
of any kind whatsoever, by reason of injury to property or third
person occasioned by any act or omission, neglect or wrong-doing of
kE
I Developer, its officers, agents, employees, invitees, contractors or
other persons with regard to the performance of this contract, and
Developer will, at its own coat and expense, defend and protect
against any and all such claims and demands.
IN WITNESS WEEADOY, this instrument is executed in
i
triplicate originals this day of , AID, 19
1
CITY OF DEMMl TEXAS
i By
t
I ATTESTS
SROORS 8oLTe CITY SECRTARY
CITY 02 DENTON, TEXAS
Bob Jonts
DOA/JJ Construction Company
Bye
ATTESTS
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PUBLIC UTILITIES WATER I SEWER
5 YEAR CAPITAL IMPROVEMENT PROGRAM
1979-80
Sewer Plant Expansion $2,115,000
Hickory Creek Interceptor Step (II) 380871
North Lake Park Water Line 40,000
North Lakos Park Sewer Line 400000
Oversize Water Line 110,000
Oversize Sewer Line 1)0,000
Rockwood Street Sewer Line 15,120
Cordell Street Sewer Line 64,260
Cordell Street Sewer Line (Hnry.380) 27,540
Highland Park Road Water Line 40,060
Kendolph Street Water tine 29,700
Cleveland Street Water Line 189360
Audra Lane Water Lire 168,480
Westgate Water Line 430200
"Water Taps, Loons and Meters (253,405)
"Sewer Ttps ( 68,120)
(321,525)
Lift Stations Afarm System 18,000
Lift Stations Backup Pumps 10,250
Lift Statlcn Portable Pump 110700
2,900,541
*"Con unity Development Projects l
A. Crawford Street Water Line ( 35,000)
B. Wood Street ( 350000)
` C. Ruddell Street Water Line ( 35,000)
0. East Oak Street Water Line ( 16,250)
' E. Vine Street Water Line ( 3509CO)
F. Bradshaw Street Water Line ( 36,800)
j G. Daugherty Street Winter Line ( 380700)-
H. Vine Street Sewer Line ( 290700)
50)
1980-81
Sewer Treatment Plant S 194,722 1
Hickory Creek Interceptor Step (111) 102580800
Oversize Water Line 1170000
Oversize Sewer Line 117,000
Elevated Water Tank 5850000
Normal Stroot Water Lin:, 35,100
Windsor Street Sewer Line 93,600
Haynes Street Sewer Line 140040
Grogg Streol Sownr Line 140040
Water Plant Pump Addition 92,600
;1,521,902
"Water Taps, Loops and Motors (1970045)
"Sotier Taps ( 52,970)
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)PEN WCOUNT
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MEMORANDUM
DATE OF MEETING: April 1, 1980
AGENDA ITEM: Bid #8748 Pickups and Van
SUMMARY:
This bid to for the replacement of a group of vehicles to be used
by the various departments in the City of Denton. Thirteen vehicles are
motor pool replacements and four vehicles are additions to the fleet. The
fleet additions are one 3/4 ton pickup for the Airport, one 3/4 ton pickup
and one 112 ton economy pickup for Electric Metering and Substation, and one
3/4 ton van for the Water Meter Department. The units being replaced will
be sold at public auction after the new unite are placed in service.
FISCAL SUMMARY:
Both motor pool and using department budgeted funds will be involved
in the purchasr of the thirteen replacement unite, and only departmental bad-
get funds for the fleet additions.
Motor Pool account #06-00-67-07 $ 39,407.36
1979-80 Budget Funds Capital Expenditure $ 64.449.73
f i Total Purchase $103,857.09
i
F ACTION REQUIRED:
t Approval by council and award of bid.
ALTERNATIVESt
9
None.
p STAFF RECOMMENDATIONSt
f We make the following recommendations.
Item #1 to the low bidder, Denton Datsun for $10,860.00.
Item 02,4,5,6,7 to the low bidder, Banner Chevrolet, total $850792.05.
Item $3 to the loweat evaluated bidder of Banner Chevrolet in the
amount of $6,903.72. Bill Utter Ford has bid a pace that is $1.23
lower, however, the Chevrolet bid includes 8 ply 4.75 x 16.5 Steel
radial tires and the Ford was bid with 8 ply Nylon 8.00 x 16.5 tires.
EXHIBITSt
Tabulation sheet.
Tom D. Shaw, C.P.M.
Aso't. Purchasing Agent
I
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DID f 8748
DIDµ Pickups b Van Banner Bill Chesrer Denton
Chevrolet Utter Morris Datsun
OPEN 3/25/80 2100 pm T Ford Chry-Ply
ACCOUNT I
T E C rM- bOR _ VENDOR VENDOR- VENDOR- VEERDUK- DO Et D ERWJ - r
11. t4p-A omy suze aic $5,430.00
J
-2, on full site fleetside P.U. $5,435.53 $5.596.9f
etside ys BATA $6.903.72 2.4
-11 1 3/4-ton ~ee $6,416.4
`
..7. -aaLcah & rhA9sin 24i0fiad
AI VA Pan Van 96,225.02 $6.926.54 J 237.67
on exhort vheelbaae Blazer
noliv rv 45 daym- days 45 days 45 a
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CITY OF DENTON
MEMORANDUM
Dates April 10 1980
Agenda Items P.O. 042187 to Darr Equipment for repai.T of our
equipment 9936
Sumaryr This Purchase Order is for the emergency repair
of caterpillar 816 compactor used at the Solid
Waste Landfill - to recondition the transmission.
The work has been done and the equipment is oper-
ating now.
Fiscal Summarys Budgeted repair 08-03-83-43
j ; Alternativ6ss none
Recommendations Approval of emergency P.O. 042187 in excess of
I I 53#000.00 for repair as shown on invoice 0061213
{ and attached.
J Exhibitss P.O. 042187 and Inv. 0061213
Submitted Bys John J. Marshall, C.P.M.
Purchasing Agent
~ I
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CITY OF DENTON, TEXAS PURCHASE ORDER NUMBER 42187
117!712.901 D/FW Metro 207.0042
VIND041 NO. OATS 2/8/80 uo No. r
TaI>AS NET w.o. No. f
DQNW CATI ACCI. NO. 05-98-87-I0
Darr Equipment
P.O. Box 20737 Nw Yu
Dallas, Texas
Tw CITY OF C'ENTOF! _
Vehicle Wnt
804 Texas St.
Denton, Texas 76201
ITEM CITYSTOCKNUMa EA DESCRIPTION QUAN, T PRICE AMOUNT
Rig 1 9936
s
Repair Transmission
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/,;Uy1C~~T,11 Pay;'r`
DENTOII. 1 fSEJ%5201 T
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Or ~UpL~Cri~~a~A
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SNOW P.O. NO. OM ALL NMMIAM. DIMMY TICKIFS, IIMdCM ITC., BIND WMOMIS W DUPUCATI TO ACCOUNT! PAYMLI. THE CRY OF DIMTON,
MAI IE"M "OM SALII TAX AS M MAI SILL r20. TN1 CITY OF OWTON 10 ►RON eITID FROM AAYIIO FOR MIACKAN0ISI 1001111 IT IS
MCMD. ALL SWMM MUST Of 0.0 1., CRY of OWTON, TLUI, OIRICT ALL Y+OUTAIII TO
CITY Of DENTON, PURCHASING DEPT,
215 E. McKkuwy BY
FORM M0.011210 DOnton, Texas 78201
e Rw.~+
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EQUIPMENT 00
REMIT TO: P.O. Box 0657 -DeEU, Tana 75266 214/772-2000 Atwwt MA•u mac wumm DATX
CITY OF O£NTOK N PE
ATT ACCOUNTS PAYABLE 214730 061213 3/18/60
215 E KCKINMEY TtRrAa r4/ 1prN rIYGx. roe SWFINO PONT. FAIT
DmsdTaACCOIlI1tS Nal Isla S pY mart 1111
DENTON TX JGZOI NOriA"A AIALLAS *A rJ146184 ra1495! `i r
cavs2ctom 11 DY mints ptov,6sC eu404 I bs
pa n D11 County. T4ass.
SEND ALL COARI&rONDENCE 101 F.0. BOX 20137
DALLAS, TEXAS 71220
SEE CAT QUALITY IN A SMALL PACKAGE.
ASK YOYR DARR MAN ABOUT TKE 031 910P 931
42167 776665 ]/O1 816 S1U00621
i 00063! 8 ~
£KOINE MODEL 3306 ENGINE SERIAL NO SN44730
ENGINE ARRAK6EM£NT 4N1310 MACHINE ARRANGEMENT 3Y 960
AUTHORIZED BY JAMES BOSTICK
YO 28319
TROUBLESHOOT UAA & METAt~;a•
1M FILTER I CLEAN MACHINE
R t I TRANSMISSION C M~ERT R•,4 POP,
BOX OCR .30 •1Z
2 135822 CAPSCREN
6 i 3e4506 LOt9YASN LBE 045 040
~T •OS •10
2 104119 NUT t pP;[1F r
2 491502 BOLT Jam vzc' Net, 021 .49
1 496316 INDICATO 090 22.13 22.13
} 1 A. 5Ki1T0 SEAL 0 0 SKF 4,00 4000
I sDJ _ goll 444t
ITEMS NOT SHOWN ARE BACK ORDERED
V inFY4a 614 Mn'1MIaWa ratwN aYnl M 4a4eayvw
n.wa r ata►M laa M IY rN auMrn ana M mNa w+Va q 6616 TOTAL
ww4da to 4Y YI r. Ma1a trYns lar M1nYMa
aanaaa0 ana'M
--y1w6616
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EQUIPMENT CQ
REMIT T0: 0,0, Sda 1662.04141, Toy{o 7E26S 216/576-7000
~ ~ AccowT NLa11{A WVOip NuAen DATt
CITY OF DENTOk 214x50 451213 3/16/00
T{RME, j4T AC~{p~r~PIix !C{ IWPPM POINT PAST
m . an fyrWT1S n" n i ; 1h~i° ryuryyy 6i~'Li13. 'a'D
PAIL 1Y SAILAS wA D. crodiTed Wu top o7
9:ff an A p.ymonr4 pOVidod h«oon IJ♦o{ D.
pV 4 IT 0. .County, i411A
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I sum ALL CORRESPONDENCA TO, P. 0. 601 20771
PAGE 2 DALLAS, TL2AS 72220
I
00003! 0 42112 J70300 3/Ot 816 st000621
1 !N!?40 ELENINT 033 4031 4040
2 050404 DOLT OCR 029 0396
1 SAL IOM OIL 1270 7650 ?090
1 CAL 30; .p1'7 12ro 9.00 s:so
1 SAL 30 .014"4 '0p 1220 21034 21090 ;
RECONO TRANS CONY %4V
14 ! 304905 SN LIE •O2 atv
i 103239 CAP CAP SC SORE 6CH •21 1026
1 806509 PLUS ~
• ti Rai 11.12 11.12
f 4 10471? NUT t y;xr/' NAT •03 0312
12 760041 MASHER NAT 1.13 13.99
10 7406!5 MASHER wfh. MAT 2.00 310344
1 4Ni112 IREATN£R 241 2.43 2,63
2 90324! GEARING 'cE04R 2.56 90320
2 2N9,092 RING Ass 099 1.90
1 3001!6 GUANO 506 4024 4*24
IC .3! •39
; ITEMS NOT SHOWN APE JACK ORDERED
*1 MVION "4' r.. "111/1rf♦Il At 1-M -
M mnr N 41e0ri•.Y.4 -
'maeo r
V p4dM *4 let be W i M u+1o«I a w d o e Boar to tl 03x4
r a°"{ 061 DNi it q r I a awM TOTAL
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EOUIPMENTCQ
AEMIT TO: P.O. 661 3652.00564. Toles 16266.214/579-2000 _
I ACCOU{T NUNIA uVpR *AM" _ DATI
I CITY OF OENTON 214750 061213 3118140
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DIIE A CUNT bdO eu a. AS
m dd . and/ VAs, 1n AA IN 081383, ~vndd
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M5 N DALLAS we 61 aloud Wt coil of
/
coMOelgn AN P1Tmdnit broridld ninon dMl be
pIYtD4 h D41U County. 7t,u. rJf
I SEND ALL COKAESPONDENCE 10: P. 0. BOX 20731
PAGE 3 DALLAS. TEXAS 15260
62111 J71610 3/07 116 51000621
00003! B
1 !N9140 ELEMENT 033 4.41 4044
i 1 04231 PNNP G PBR 402636 40206
1 3x3430 PONE YAE 144661 144463
4 i SPt064 SEAL, 3NF 2.27 3:01
4 031619 CAP #19 M 1CN .24 094
1 333440 SPRING V S NAB 1051 1.51
1 435124 RETAINER R1A 11.32 13432
1 4S/591 SCREEN 001 11007 116Of
1 451603 TYRE A TAI x301! 63019
313.#!
1 ; 931059 GASKET K GIN 323.39
Psi 4021 1.22
i 2 934191 PLUG
I 1 110205 PING `4!S4d 095 449 .4!
" 016 16.36 1609
4 1 1T0210 BEARING 16010
1 110234 RING 015 1.09 1001
I 1 1T1014 CAORIER ~ E is 204.90 2040!0
1 1T1056 SNAFI 095 151016 151436
lad ITEMS NOT S4OWN ARE BACK ORDERED
~nd M& I" Ae" .d dw+dlrneNe Al rdtirm fa ad seddd 0
'0,40" Of AAM4 61. be N MM ew lk& W be eNb wl** 16 dtri
T07AL
I ! % Xwiy Owed we be M66 " 113 rNVmd Dww aww rw 6w""
rndrldpt~~lr W411 WNNr_ 10 OV&
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EOUI PMENT OO.
REMIT TO: P.O. S0a 3662 • CANn, Tdau 76286 •214157E-2000 ACC0I MT MdAldR Anvpd NAMIf OA TI
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CITY OF O[NTON 214750 061213 3/14160
TERMS. NET IpTµ ;ROK, FOB SMd'7M0 FONT PAST
~D~y~UaEdO AS COUNTS rover 11" tAAVI SSa"` t a
1 NOTa PAR N"ItALLAS ,M t€oA crooked 7Ma oii of
C040 IiOfAN parma, 1 provided "row oral Of
plYa d n 08FAI cOUOtY• Taaaa.
i SEND ALL CORRESPONDENCE Ta P. 0. SOX 20137
PAGE 4 GALAS, TIXAS 16220
004839 0 42147 J70360 3107 016 STUO4621
2 1 4f7391 RING SAE .6S 1610
1 1 3N1461 DING SAE .47 .47
1 I 3JI907 SEAL SKJ .36 .36
2 A 504741 GAMY SOL .69 1076
2 i 0"13266 5CALT70% i' Slit 1024 20%
rjo T CAN 424.94 420.04
1 6N96S1 COME A 0
6 2! 0200900 GA CE E 1240 GEN 4065 29010
HFAIR STEERING CYL C AJ(S~ ,1 6
INSTALL NEN SEALS
2 A 1H6126 SEAL40-9 a r l>J , SAt 1.24 2644
~10
NAP 4.63 17066
:1C 2 2,13950 NUT
2 A SJ5442 SEAL A M 10466 2101`6
2 i SJ4200 SEAL 0 0 k E,4 10.32 20.64
I'~aa A" 6.44 49.32
3 A 6J6917 SEAL V
2 A IR6901 SEAL 02! 2.29 4056
2 2K16430 RING NAP 3017 6.34
#642 4090
2--- INI571 RING 084 1 ITEMS NOT SHOWN ARE WX ORDERED
'We rimMo I ■a aal he"^ AI HIVM a1M1 M WWII"!
tma+u or aeaAN6 YI, N M M~ ow M a,era w ft t0 deya
S~ wrv eAr6e we be • r~t.Md 6eeda crime M dw"n TOTAL
Mr. ~nerudM are M awe eadaa q Cara -
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EQU1PMENT CQ
REPAT TO,. P.O. gas 3112 • oah., Tuw y92#5 • jj4/$?/-2f O0
A0001" MAIM W40011' MAQO
C17Y OF OEMTOM 214750 061213 3/14100
TEAMS a r rQ1 &WPffo POINT PAT
1
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oaAfetian Al A~RMtf °rovdod rwfon fhfti be
DAY M 0flaf ounq, Te.ff.
SEND ALL COM18POWINCE T0: P. O. SOX 20737
PAGE 5 oALLAE, TERAS 15220
004039/ 121/7 J70S40 3107 416 57000621
2 1P4577 FLANGE IAL 1.76 3.52
4 A SP0413 SEAL 029 2005 16.40
1 CAL 10Y OIL 1270 7050 7.30
TRAVEL TIME 'Sri f R i I TRANa IASI`ON f~ 3052 ?25000
RECOMO TRAM 90 ~d4r0l1 3052 /1!.00
OTHER LABOR x as 64348
TOTAL LAr/6~ z 2,457.38
1 1 MISC. KAROMAR iIAIIQE 6.13
SERVICES
3
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ITEMS NOT SHOWN AURA" "ORDERED
H .rfff °A" rf nrrrf°fnWf M rfMN 1 ; be fMfff)rfN
Mek. a NAM kt. M In NN 6w4"m fM M mW *wA to Mn
` nreAy eArpf w be erM N Y rNVnN NMA am" No
Ornryff
`_•w_1w.w,ar aArfi TOTAL
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City of Denton
Memorandum
April 1, 1980
Aaenda Item:
Consider the final replat of Owsley Park Additiun.
Summary
The property owner seeks to replat Lots 1 and 2, Block 13 of Owsley Park Addition
into one lot in order to construct an addition onto the existing structure.
i
All su~dlvision requirements have been met.
Recommendation;
i
The Planning and Zoning Commission unanimously recommends approval of the replat
of Owsley Addition, The Planning, Engineering, and Utility Departments have eai:h
reviewed the replat and recommend approval.
Action Required:
The City Council should move to approve the final replat of Owsley Park, Addition.
Exhibits;
A. Memo
B. Map
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1 ~ ■
EAST 100.0'
1 s I 251
1 ~ I
ti o LOT L -Ft
~ „ I c
1 i 1 I L+TI' C LOT 3
BLOCK t~
1
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WEST 100.0
PR~3.1lV ,
NT4u R RLA
I LOT 1 A 2
~ j a~T`r~ r{,
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City of Denton
Memorandum
April 1. 1980
Agenda Item:
Consider the final replat of Schr:itz and Ripy Addition.
Summar :
The pproptrty owner seeks to replat lots 71 80 9, and part of lots 31 41 59 and b,
Block 81 of Schmitz and Ripy Addition for the purpose of constructing an apartment
building.
All subdivision requirements have been met.
Recommendation: 'i
E The Planning and Zoning Commission unanimously recomnend,%4 approval of the replat
of Schmitt and Ripy Addition. The Planning, Engineering, and Utility Departments
j have each reviewed the replat and recowend approval.
Action Required:
The City Council should move to approve the final replat of Schmitz and Ripy Addition.
Exhibits:
A. Memo
B. Map ,
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20.01
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BLOCX B
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T E K AS STREET 1
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