HomeMy WebLinkAbout02-26-1980
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AGENDA
CITY OF DENTON CITY COUNCIL
February 26, 1990
Spec;.al Called Meeting of the City of Renton City Council,
Tuesday, February 26, 19f;7 at 7e00 P.M. In the Council Chambers
of the Municipal Building. Broadcast live on KNTU Radio, 88.S
F.M.
1. Consider a presentation by representatives of "Denton
Cares" relative to their request for a City ordinance
prohibiting the storage of nuclear materials within the
city limits,
i 2. Consider a Waterline Maintenance Agreement with Denton
Mall Company.
3. Consider authorizing the City Council's trip to
Washington, D. C. for the National League of Cities annual
conference.
4. Consider rescheduling the City Council Meeting for March
18, 1980. F
5. Consider discussion on the membership of City Boards.
6. Executive Session
A. Legal Matters
B, Steal Estate
E C. Personnel
D. Board Appointments
7, Cc-sider Board Appoisitments
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CITY OF OENTON
MEMORANDUM
TOr Chris Hartung, City Manager
FROMI Bill Angelo, Administrative Assistant
DATES February 21, 1980
SUBJECTS Agenda Item It - Appearance by "Denton Cares"
Two weeks ago I had the opportunity to meet with Curtis Copeland and
Ed Stapleton from "Denton Cares" concerning their request that the
City consider adop'ing an ordinance prohibiting the storage of
nuclear materials within the City limits, specifically, they are
requesting that this ordinance outlaw the use of nuclear materials
except for medical and research purposes. i
The organization plans to make an orrl presentation to the Council 1
at the February 26, 1980 Council mreting regarding this request.
They will ask the Council to instruct the staff to draft the
appropriate ordinance for conblueration at the Match 4, 1980 meeting
of the City Council.
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Although the staff fully supports the concept of st.ict controls or
the use of nuclear materials within the City limits, It is difficult
to justify the elimination of thA.ir use for industrial and
manufacturing purposes. Small amo,.jnts of nuclear materials are
widely used in industry for precision measuring instruments. Many
utility and natural gas companies utilize radioactive materials to
locate pipeline stoppages, In addition, there are many other uses
of nuclear materials in industrial and manufacturing processes which
are necessary to maintain our current level of technology. A
blanket prohibition on nuclear materials as proposed by "Denton
Cares" would eliminate those uses.
As an alternative to the blanket g,rohihition, the Council might
consider an ordinance which prohibits specific levels of radiation
in the various uses of nuclear materials. It is also possible for
the Council to implement a permitting process for the various uses
of nuclear materials within the City limits. I do not helievo. it is
necessary to implement a blanket pi„nibition on nuclear materials as
proposed by "Denton Cares".
sill Angelo
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COUNCIL AGENDA ITEM
DATct February 26, 1980
SUBJECTt
Consider Waterline Maintenance Agreement with Denton Mall
Corporation.
SUMMARYo
Denton Mall Corp., has installed an 8" line encircling the
Mall. This line is in an easement and will become the
property and responsibility of the City of Denton. Normal
utility practice and policy is to install water meters on the
City easement noxt to the water line and also for the
customer to install separate B" fire lines from the main line
to the building, Location of the meter next to the main line
in this case would have created a traffic and pedestrian
hazard since the meter box would have been located in the
roadway. To eliminate this problem, Denton Mall Cor and
the individual major stores have installed a single 8" line
from the main line to the store with the meter located next
to the store. The 8" line serves as a fire line and water
line.
Normally, the customers' responsibility for water line
maintenance begins at the meter, but with this proposed
Agreement, the responsibility begins after the valve next to ,
the main line.
This Agreement also gives the City of Denton the right to go
on the customer's property to maintain the water meter, The
Agreement also allows the City to shut the water off if a
leak develops on the customers 8" line and the customer has
not taken appropriate and timely steps to correct the leak.
FISCAL BUMMARYi
No costs associated,
ACTION REQUIREDs
A?%prove, disapprove or modify Agreement.
ALTERNATIVESi
1) Approve Agreement.
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This will outline responsibilities of each party.
2) Disapprove Acreement.
This will cause uncertainty as to responsibilities.
3) Modify Agreement.
RECOMMENDATTONi
The Publin Utility Board reviewed this item at their meeting
of November 2s, 1979, and recommended approval of the
Agreement.
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Of of. Utilities
8XH2B2T9s t water Line Maintenance
Agreement
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THE STATE OF TEXAS )
I CQUtiTY Or DENTON ) 8.11 VAIRLINE MAINTENANCE AGAEEMENT
This Natsrliaa %sintenanee Agreement (hereinafter
referred to as the "Agreement'I, made and entered into as of
this - day of February 1910, by and hetween the cm or
DENTON, TEXAS, a body politic ant corporate of Denton County,.
Texas (hereinafter referred to as 'City'), and DENTON MALL
CCMPANY, a Texas limited partnership, o: 1712 North Meridian
Street, Indianapolis, Indiana 16202, and J. C. PENM
PROPERTIES, INC., a Delavara corporation, qualified to do
business in the State of Texas, having its principal office
at 1301 Avenue of the Americas, Nov York, Rev York 10019,
and SEARS, ROEBaCE AND CO., a Nov York corporation authorised
to do business in the State of Tulsa, having its principal
office at Sears Tower, Chicago, Illinois $0611, and its
Southwest territorial office at 1000 Bolleview Strut,
Dallas, Texas 75295, ani MONTGOMERY WARD DEVELOPMENT COA.POAA-
f TION, a Delaware corporation, authorized to do business in
the State Of Texas, Laving an office at one Montgomery Ward
Plaza, Chicago, Illinois 60671, and CoNSTRUCTiON DEVELOPERS,
INCORPORATED, an Arkansas corporation, qualified to do
business in the State of Texas, having its principal office
at 900 West Capital Avenue, Littls Wk, Arkansas 7220), and ~
H. J. WILSON CO.* iNC „ a Louisiana ce oration
rF r qualified
to do business in the State of Texas, and having its principal
office at 5129 Plorids boulevard, Bator. rouge, Lcusiana
s
701061 and MOCLURKAH 'S, INC „ a Texas corporation, having
its principal office at 900 Scott Avenue, Wichita rails,
v Texas 76307 (hereinafter 2olleetively referred to as
"owners'),
WITNESSETBi
WBEAEA3, Owners are the owners in fee simple of certain
real estate situated in the City of Denton, County of Denton,
State of Texas, more particularly described in Exhibit "A"
attached hereto and made a part hereof (hereinafter referred
to as the "real estate') I and
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WHEREAS, Corers are in the process Of developing the
real estate for use as a regional shopping malls and
WHEREAS, City is the owner and operator of certain
water lines and related facilities to serve the real estate,
Including, without limitation, an eight (s") inch water line
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encircling the malls and ,r
MUM, Owners desire to tap into the city water line
and extend lines therefrim to the individual stores located
on the real astatai and
WHEREEB, the 'ity normally requires owners to install
separate lire and water service lines from the main line to the
building, with the water meter located adjacent to the main
line) and '
WHEREAS, Owners are always responsible for maintenance
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of such lire and service Was from the main line tap valve
and water mater respectively to the baildingi and
WHEREAS, due to physical constraints unique to shopping
mall type facilities, the installation of water meters
adjacent to the main line is physically difficult and may
pose safety concerns to vehloular and pedestrian traffic It
the mater is loeatsd adjacent to the main line,
NOW, TBZRETORE, in consideration of the above and '
foregoing and the mutual covenants and agreements contained
therein, and other good and valuable consideration, the
1 sufficiency and receipt of which are hereby expressly acknowledged,
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the parties hereto enter into this Agreesynt and agree as
lollowse
1. The City agrees to allow owners to install combination
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fire and service lines from the City's main line up to the
necessary buildings,
7, That the individual water metars and mater loops
may be installed adjacent to the buildings being served,
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1. That the maintenance of the meters and meter loops
shall be the responsibility of the City and that Owners
shall give City right to traverse owners' property in order
to maintain each water meter, and to read the meter,
1. That the maintenance of the combination fire and
service lines shall be the responsibility Of the Owners.
S. That no other party tiny tie on to the Combination
fire and service lines.
6. That the City has the right to shut off the water
at the connection of the fire/service lines with the cities
eight (6•) inch main line if there is a leak in the Owners'
fire/service lint, The water service shall be restored as
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soon as is feasible after the leaks have been repaired by
the Owners.
7. Construction of the private lines shall be done by
owners !n a good and workmanlike manner according to City
standards and specifications.
6. Owners shall allow City amployses, agents or repre-
aentatives to go upon the property, inspect and work upon
any portion of the private lines which connect or tie to the
public lines at all reasonable tinw.s, and to repair or
replace the water meters on said private lines as nested,
9, Me Agreement and all rights hereunder shall run '
with the land and be binding upon and inure to the benefit
1 c. th% parties hereto, their successors and assigns. This
Agreement shall be recorded in the Deed Records of Denton
County, Texas.
10. All modifications of this Agreement suet be made
in writing and signed by all of the then current owners of
the laid referred to herein. This Agreement shall be con-
strutted and govsreed in accordance with the laws of the
State Of Texas.
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IN NITNES9 NNIREOF, the parties hereto have caused
this Agreement to be executed by the proper officers,
thereunto duly authorized,
CITY OF DENTON, TEXAS
BYl
BILL N IN, PAY
ATTIST,
IT).' OF VOLT, CITT-FEERWY
C DENTON, TEXAS
APP,%*M AS TO LZUL TOM
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BURT 7 A. SOM Y 'At"1RR MTY
ATTORNEY, CITY OF DENTON, TEXAS
STATE OF TEXAS
COUNTY OF DENTON SSA
EKore m!, A Notary Public in V d for said County and
State, on this day personally appeared
known to of to be the -may osnime.. is
subscribed to the fore!gqo nq nstruMont an acknowledged to
ate that the acme was the act of the City of Denton, Texas,
a municipal corporation, and that he executed the sue as
the lot Of said municipal corporation for the purposes and
oonsidsration therein expressed, and in the caps Ity therein
stated.
given under my hand and seal of office this _ day
of , 1f80.
r._. Notary o I y
My commission Upiresi a
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rte i~u. ao~'mANr,
A 'iws Limited partrbrehip
BV T=u 1m~ '
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6TA18 CP aIDSkA ~
MY Cr MRRZN j 88,
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8t dxa Met a Notary PuULC in Sad far said Danty " Suite, on
this dW paraamUy qpund guEert rd,= ftm to sae to M a grrnl
pa bw in Daman Devtlapars, a Gmar11 PArtnu in the Usdtad
Perls"*4 Ffiw no& is rbomilad to ,p forepoiM Mah-a nt, and
admm lodged to IS thet the nor Krr the rot Of WnW NAIL MWANyt
a T60A limited part*rrhip, and that he taamfted the awe u the act of
add partrsarship for the pxpoea and oasaiden
ties thSrain axpraaaad,
AM it the oepercity umin etabd.
Gives under ey herd and anal of office this day of
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f JO'. oomnisaias a~+trsrr s
Om*y of flealdasaai 1 41 1,
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ATm9T A Pnstient
~ectytary
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an this the c~ ~y Of . r 1990, before ¢r,
a Notary o~lia daly smhori &Jna"mnAftrt~hezl Mia Comtr in
the 6tat* aforeaala to take edgananta, parsmally appeared
{t/. "AadrALI to a known area )n m to me to be the
1 DautiSe vice Pn+aidert D!.`, webcrk and m
COs of the DD=poratiml dea=ibad in the lcrvwLr'g instrmmt, and
1blsd that as
such offiomr, being authorized so to do, he
i "OA6d the foz*qDjW instnmt en behalf of said poretim by
vk$=ibinq the nine of maid mrpcrat m by W w if as such affiDer w4
cauMd the =P=rate Mel Of mafd tarporati n tO bt affiad tharetO,
h I am hie fry rd voluft" act, std M the free sad wlmtazy act of
r Mid OotpOCatimo for tle NMm and putpoms t!!Mrein met forth,
+ 1
r Zn witn[ss tihmre6lr I hreuito set my band and Official Mal.
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CraM wdora, Nohry luene Id, 1! comaiasim b¢lims and r WWI Cwr,4, TMI I
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Cn this t o 0f TL~~(!~
, 1980, bef0.R see,
a Notary Public duly suvorised in and for the aid oxnty in
the State atbreeaid to tam Adarovladgements, pe-gully eppeatud
D, Y- Sc-- lu U J to po wym And Imam to me tt, be the
Via prssiftt
of ftntg0tiary ta►rd [ti~7oprent Wry„ i
0114 of the OUVontlam described in the brsgoiW inatru,mt, and 1
odm wledged that b au-t officer, being 'suthoc: sed so to ~ o, hs
sBecvbd the 101e90ing lnetrimt an behalf of said cOrpmtian by
evbeasbing the name of acid ootporsticn by himself u arl, officer
end eausad the coeporata pal of said 002porstiOn to be affiod then,
u his !ase and %Wuit+ry wt, " u tto hse " %*ImUry act of
said oorporatlon, for the uses W pA"m earein Bet f0eth.
Yn nitro" *Omf, S Nuvmto set mf hand and Off ew pal, 1
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ILOVU L KIRKLFN
Nouy hwe M A 701
. Dimon eft*, iM
f E4' OoamlBSien b~irssi ~ i~Mii aoi'~M
00v ty of paidrwo I
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A lbxea oarporstiat
Prosiamt
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IMn ecretary
M this the ~ day of ' - . 1980, before no, s
bbtary PubLia duly authorised In nd Iorbfi :a1A t>atnty In the
State afortsaid to take WJanwleApWtt. Personally appsar'sd
iv, to no kno6n and kv6n to ms to be tta
A*" Presidmft of ibamAm's Ines
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arts of t1* eorporaticrs desaibed in the faragoirq ituu mmt, ad
l j adararleW that as such officer, bsinq'eut2edssd eo to do! N
ewonted the forwirq inatrumt an bMdf of said oocparaticn by
a9*=iUw the name of said oorporaticn by himalf u wch officer
and aaueed the aorpmU seal of said 00rp=tias to be affixed them
to, u its free and voluntary set, and u the fm and voluntary act
of said a 4omtian, for tM usw wd pAWma Varain set forth.
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In Wbnus tit ftof, i huwxto set nb trrd and offiew ow,
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Fy ftwt Sion EWLrul
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J. C. M %y ppa?E M, INC.r
A Delatera 'YOrporatios
By
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8fJ1'!E Q''M1t~iv~n ~ Y"rM7p
muax °EN~1vX'RA' ~ ss'`~.
a~fr
On this the A any of N~~^~ Iseo,
before no, • Notary Public duly sAhorissd in " for the said Cotmko in
the Bute aforesaid td take gw&,jte, buy appeared
lyotr to r to Is knows std NrKm to me to to the
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vice President of J. C. Psuney Prepertiasr Inc.
{ onS of thg waposetiam darribed in Um forapirg inetmamot, sad
admmledged that as eodn oftboar, baIrl athosleed so to do, he ex..
scutad the ltlaegoin4 instrumw.: on behalf of Said wsyoration by sub.
scribing the Hama of said corporation by Idareif as such offioer end
caused the ootW to seal of said corporation to j* afamd thereto, as
h!s 6" snd '~OIonUPY act, and as the free and voluntary acct c- said
eorporatien, for the ane mid pcapoga ewrein get forth.
In Wit*" *Mwfr I hereunto set my hand and official cal,
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7~rY~'C~pr fM1
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CARTER G EURGESS. INC, r
I ~ r EhGI~-ERS • PLANNERS
1100 MAC ON lull 1, /Oil NOitM, 111 AI 11101 Ii III lJf}111
EXHIBIT iA•
TOTAL DEVELOPMENT TPACT - LEGAL DESCRIPTION
BEING 70.303 ACRES OF LAND SI'rUATEr, IN THE A. H, HOPNINS SUAVEY, f
ABSTRACT 1694, THE J. S. TAFT SURVEY, ABSTRACT NO. 1256, AND
THE JOHN W. MCGOWAN SURVEY, ABSTRACT NO. 797, SAID 70.313 ACRES
OF LAND BEING A PORTION OF THAT CERTAIN TR.hCT OF LAND CONVEYED
TO DENTON PALL COMPANY By DEED RECORDED IN VOLUME 858, PAGE 2110
DEEC RECORDS, DENTON COUNTY, TEXAS, SAID 70.383 ACRES OF LAND
BEING MORE PARTICULARLY DESC8.IBED BY METES AND BOUNDS AS FOLLOW81
BEGINNING at a Point in the north right-of-way line of Inter-
state Highway 35E, said Point being the intersection point with
the northeasterly right-of-way line of San Jacinto Boulevard,
of 60.0 foot public street dedicated by the Plat as recoeded
in Volume 13, page 390 Plat Records, Denton County, ecor
XASI
to eheHE
f whole center iCE 416511 to 3410 3 feet to thebeoinningq of a curve
point beats S 48e09 to 960,0 matt
TIMNCE continuing along said right-of-way line of said street
and Along said c--•.•e to the tight in a northeasterly direction
through a central angle of 20.47', A distance of 345.23 feet
to the and of said curve?
THENCE Y 62638' E Continuing along said right-of-way line
672.53 feet to the beginning o! a curve to the left whose center
Point bears N 27,22' W, 1010.0 feet;
said cuotvd to thtnleft along anextAeiiteriyofdltictSon t rough a
central angle of 124491, a distance of 232.61 feet to the end
of said curver
of-wayHline to4its9intersectionfwithctheisouthwesterlyatight-ht•
of-way line of Colorado Boulevard, a 100.0 foot wide public street?
THENCE 6 40111' s along said right-cf-way line of said street 4
6S7.27 feet to the beginning of a curve t2 the right whose center
point bears S 194491 W, 600.0 teetr ~r r
THENCE continuing along said right-of-way li.-le of said Colorado r
Boulevard and alonq said Curve to the right in a southerly direction
through a central .Ingle of 494421f a distance at 520.46 feet 1
to the and of said vorver
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THENCE S 9'1=' q, a
cu
o distance of 37,00 feet to the beginning
rve to the felt whose center point boars S 60.29 a
distance of oche Ieetr
THENCE continuing along said right- in
ef-
' Soulevard and along said curve to the left n a eoutheasteel
direction through a central angle of 10'00 y line of said Colorado
teat to the end of said curve, end of said curvefbeing of he ,41
southwesterly right-of-way line of State Highwa 9 in t
southwesterly lefttwno.e r Wbein adlustis 3ae0.~0 feet fof a andnwhose long2chordeLd
be are S 5<61713a , a distance of 706,69 feet!
THENCE along said right-of-way line of said State Highway
Loop 288 and along said curve to the left in a southwesterly
direction through a central angle of 300271, a distance of 707,67
feet to the end of said curvet'
THENCE H 89602$ We 281.76 feet to an iron pin for corner,
west corner of 1a 60920 acre 112-69 an Irn
to pin,
Denton nmall
Company as recorded in Volume 878, page 571, Deed Aecorde, Denton
County, Texasi
THENCE L 390391260 We 19.13 feet along t7e touthwesterly
cornerfOf ad0.06aacreetracttofoland anglepoints sDethe nton mall ecompany
by deed recorded In Volume 6710 page 571, Deed Atcords, Denton
County, Texasr
THENCE S 40+2713S1
line of said 0.86 more tract 5to9a concretenmonumentuWithssteel
rod in center!
THENCE N $7161 We 112.2 felt to the southeast corner of
a 0.916-acre tract of land!
THENCE N 39016105" to 333.36 feet to an iron pin for comer,
the northeast corner of said 0.916-acre tract!
:HENCE N 19602' We 200.53 feet to an iron pin the northwest
corner of said 0.916-acre tract=
in thTHENCE
northerly6right-of-way25;i~ef oftlnterst&to ljhviy 33zo in
said Iron pin being the southwest corner of said 0.16-acts tract!
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TF!NC£ N 48009' W, 183.82 feet along said riynt-Of-way line
to a ,point?
TRLNCS N 45110' W continuing along said highway right-of-
way line 300.40 feet to a point?
THENCE N 48109' W, 379.5 feet along sold highway right-of-
way line to a points
THENCE S 09422' W, 23.33 feet along said highway right-of-
way line to a point] qq
THENCE N to , the 9 POINT OF 540.21 feelk
BEGINNING l and
said hi nd containinga70.383 tacres
of land.
Note This 70.383 acre tract is subject to the following
easements of record recorded in the Deed Records of Denton County,
Texast
1. Lone Star Gas Company, Volume 454, page 217
2. Lone Star Gas Company, Volume 4541 page 224
3, lone Star Gat Company, Volume 4100 page 475
1 HEREBY CERTIFY that these field notes were prepared by ccmputa•-
tions and an actual survey made on the ground and art true and
` correct to the best of my knowledge,
Ir WITNESS HY RAND AND SEAL this the 2nd d t 78, A.D.
f%ti CAR C,
l I~, Mrt_ - ~ E. CA
AIgfistored Public Surveyor
tiy°~ff;~ st►~!~ 1a
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CITY OF DENTON
MEMORANDUM
TO: Mayor a City Council Members
FROMs Bill Angelo, Administrative Assistant
DATEt February il, 1980
SUBJECTt Agenda Item 13 - National League of Cities Annual
Meeting
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As you know, the National League of Cities will conduct its
annual meeting on March 15-18, 1980 in Washington, D. C. In
order for the Council to attend this meeting, it is necessary
that the Council authorize the plans and expenses relating to
this trip.
B111 Angelo
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CITY OF DENTON
ME240RANDUM
Tot Mayors Members of the City Council
FROM1 Bill Angelo, Administrative Assistant
DATEt February 21, 1980
SUBJECTS Agenda Item #4 - Resci:eduling of March 18, 1980
Council Meeting
I Should the Council choose to authorize tine trip to Washington
for the National League of Cities Annual Conference, it will be
necessary to reschedule the regular meeting of the City Council
on Mar^.h 18, 1980. I would recommend that this meeting be
postponed one week to March 25, 1980
B iI Angel(f
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