HomeMy WebLinkAbout03-11-1980
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EMERWICY ADDENDUM
CITY OF DENTON CITY COUNCIL
March li, 1980
1. consider an appearance by Frank Stci%~kler concerning land {
19ase negotiations at the Airport.
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AGENDA
CITY OF DENTON CITY COUNCIL
March 11., 1980
Special Called Meeting of the City of Denton City Council,
Tuesday, March 11, 1980 at 700 P.M. in the Council Chambers of
the Municipal Building. Broadcast live on KNTU Radio, 88.5 F.M.
Consider siaer 6 extending month perthe iod lease as recommended itby the Aviation Airport
Advisory Board,
2. Consider payment of paving costs for streets abutting City
property in North University Place.
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3. iConsider a ndependent contract i on J. tract n of land 1 catedrf on mthe
northwest corner of Paisley and Audra Streets.
E 4, Consider awarding bids for Testing, Balancing and
Adjusting of the HVAC System in the Municipal Building.
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5. Consider authorizing the City Manager to execute the City
of Denton's Authorization for participation in General
Telephone Company rate case No. PUC30S4 and authorizing
the City Manager to pay into TML-General Telephone Rate
Case Trust Fund a deposit of $7,020 to cover attorney's
fees and professional services.
6. Consider a resolution redesignating Highway U.S. 77 as
requested by the State Department of Highways and Public
Transportation. (The Traffic Safety Support Committee
recommends approval.)
E 7. Consider authorizing the City Manager to suhmit an
application for an amendment to the Airport Overlay Grant
to provide for an overlay of the Airport Parking Apron. ,
8. Consent Agenda t
1 Each of these items is recommended by the staff and j
approval thereof will be strictly on the basis of the
staff recommendations. Approval of the Consent Agenda
authorizes the City Manger or his designee to irplement
each item in accordance with the staff recommendations.
City Council Agenda
March 11, 1980
Page Two
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A. Plats
1. Consider the final plat of the Solar Way
Addition.
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9. Executive Session
! A. Legal Matters
B. Real Estate
k C. Personnel
D. Board Appointments
10. Consider Board Appointments
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J & M AVIATION
P.D. Box 294 D°Mtoo, Texas 16101
382.3521 382.1230
£eptember 11, 1979
We propose to lease area "F", as shown
on the`map of airport land values, for the "
installation of a fixed base operation. This
operation would consist of a flight school
and aircraft rental service, along with
hangar rentals and fuel sales.
In order to have this type of operation
we need, initially, a,large hangar with office
facilities. To generate additional revenue,
we would like to have tie-downs for transit
and permanent parking.
f In the future, we hope to expand by
adding a charter operation and additional
hangar space. We will also be installing
a full maintenance program and parts chop
for private and publio service. In addition,
there is a possibility of an,aircraft dealer-
ship with sales and service of new aircraft.
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J&M AVIATION
P.O. Box 294 NOW, Texas 76201
382.3521 362.1230
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Immediate Proposals
I. Lease of area "F"
II. Flight school
A. Instruction f
B. Aircraft rentals
III. Hangar facility
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A.'Private use
B. Hangar rentals
0. Maintenance
IV. Fuel facility
A. Private use
B. Public sales
V. Office space
VI. Tie-downa i
A. Revenue
1. Transit parking 2. Permanent renters
Future Proposals
I. Part 135 charter operation
II. Additional hangar space
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A. T hangars
III. Full maintenance program
A. Public service f
IV. Possible aircraft dealership
V. Sales and service of new aircraft
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THE STATE Or TEXAS )
COUNTY or DEMN ( LEASE ACREEMLNT
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This LEASA AORZWWT, made effective as of the 15th day of
October, 1979 by and between the City of Denton, Taxes, a Rome
cult Sunloipai corporation (hereinafter referred to as 'lwssor')
and Martin Killer d1b/a J a M Aviation {hereinafter Warted to
■e 'Guas') having as its' mailing address P. 0. DON 291,
Denton, Texasi
xtTNESerra,
WMLUAS, the Gssor currently owns and operates An airport
known as the Denton Municipal Airport ('Airport'), located in
Denton County, State of Texas] and
MAW* the Wosor deems it advantageous to itself and to
its operation of the Airport to lease unto the Lessee certain
premises and to grant unto the Lessee certain rights,
privileges, and uses therein, am necessity to conduct its flight
school and aircraft rental services as hereiniftet set oiti
MOB, THEREFOR!, the Lessor and Lessee, for and in consid-
station of the Covenants and mutual aIrtesents hereinafter
contained, do hereby covenant and agree as ollowsi
j A. LHASED ARHA,
' follTe leseed area conveyed by this lease agreement shall be as
The leased area of the Airport shell be approximately
two (2) acres, sore or less, and more particularly set
forth in Hxhibit 'A' attached h+reto and sude a part
hereof,
a. 2011 Of LWgl
Subject to earlier termination and eaaa llition as i
hereina ter provided, the term of this lease agreement shall be
for a period of six (6) months cosrsnoinq upon October 15,
197! and andin on North 16, 1910, at 1210 midnight, Further
Provided, that Lessot grants to Leaas, subject to the express
conditions set forth below, the option to renew tbis lease for
an additional period of six (6) months after expiration o: this
lease, beginning on Matoh 19, 1960, and expiring on October 11, r .
1960, at 1100 midnight, at the sacs rental herein provided, and
othetviss subject to and on all of the terms and conditions
heroin contained except that there shall be no further option to
renew the lease, To exercise such option, Leases allot silk
Januity w f1ten 19t01Ce intention to 60 cnagre s ans
undetatands that such option to (snow, woe though such notice
is timely given, is subject to the tollowIng conditionsi
10 lessee shall have timely performed all of his
obligations hereunder and shall not be in default in
the performance of any thereof on the data of the
expiration of this lease age4emontl and, nts 2, such option too rtnew,doncattbefore# Karch 1# 101ptinq to F
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enr.av,~ .
Cs RENTAL- I
The total rent of this leaf is the sum of _TiKTD~-~ Jo
9 aPd1j.Jq. ~ Dollars.
fusee agrees to pay se0r $a oun , r1"FouF- deduction or,
offset, in installments of ~
(tt "a I Dollars sae . papa f at r a , amt
Fc1ieey; 6`glnninqq on October 1Sp 1979, and payable on the 15th
day of each month thrs,aftfr dufin? the term of the lease.
Lessor and Lessee acknovledge that the fetal rent indicated
above was computed at a rate of three and one-half (7-1/2) cents
per square foot of of leased aces daseclbod herein.
0. ronPOaesr
burinpp the teem of this lease agreement, the Leeses shall
have the following rights and privilegeas
1. The Lessee shall have the right to operate on the
leased area a flight school and aircraft rental
service- Lessee agrees to restrict the use of the
legged area to such rorposesr and not to use, or peralt
the us# of, the leased area tog any other purposes
without first obtaining the written consent of Lassog,
or of Lesaot's authorised agent. - i
1, The Lessee shall have the right of ingress to and
egress from the leased area over and across public
roadways serving the Airport for the Leseea, Its agents
and servants, patrons andd invitees, suppliers of
service and furnishers of materials,
The Lessee shall have the right to Install, operate,
and maintain solely at the Lessee's own *spent*#
advertising signs, on the Airport and leased area k,
hereunder, in order to asks, known its Aare and
services, said signs shad only be in the nature of f ,
identificftion and shall not advertise prices and shall
be subject to the approval of the Airport Soard, such
approval not to be unreasonably withheld.
16 Lessee shall have the right, at Laease's sole expense,
to $took and maintain no ■ore than one temporary
building on the leased area during the teem of the
lease, such plans and specifications to be approved br
the Loeeog, and said temporary building to most all
applicable building cods, requirements. ,
A OIOIISM AND s4SLETT11MI
The Lessee shall not assign, eall, convoy, transfer,
mortgags, of plodoo this lease agreement, or the letting, or any
pact t atoof. T C Leseoo shall net sublet the lagged area or
any park khotoot. The Losses shall not use, or permit any
r coon to use, the leased area or any portion thereof. except
r tha purposes set forth in Section b hereof.
y. NASVI AND IMISARCS PRO1112I7E91
The Losses shall not commit, or allow to be caamittod, any
vastf on the leased area, efeate or allow any nuisance to exist
611 the ieass,d area, or use at allow the premises to be used for
an unlawful purpose.
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0. OTIL`L9r 1
The lessee shall promptly and full t
furnished tM leased Area for the term ofp traf
elec le ill utilities i
trloltl, gas, racer, stvvr and telephone service, ani Lesser
shall have no resppoonlbility of ■nl kind for an
Purthvr, It is understood and aqreed to by Lassei tA~trslh;
Lessor is under no obligation of v aft1iver kind to provide water
or sever wiles, to the leased area. r
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R. N IJRANC ~
lessta a of the toffective data and during the balance of this
Itability Insurance Inf amounts ru• nably rnecessary to tprotect
It from the normal Insurable liabilities that sa M incurred In
the operatinn and for the purposes allowed hereof,
I~ I. 1MIR IPICATIM OP C O
1 The E411800 shall Indemnify and hold harmless the Lessor, Its
officers, agente and employees against and from all elaimr and I
demands by third persons arising out of damage or Injury to
persons Iincludtnq death or
tortious sets or omissions of the pLosses ors 1t• employees or -
resulting from any breach or default by the Leases of any of the
obligations or duties assumed by or Imposed upon such Lessee by
this lease agreement.
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J. Rr°~ra AirD PP1Y1L>9pt8 RElLet
i 2D TO LCl90Rr
The G suor exprfeely reserves the following rights and
privllegesp provided, however, that Lessee aqrots and under-
nonercloslve and that rLoosor ihalli 6 vs inl an all Bother
rights and pr irVegas provided by tar or othervled.
j I. The Lessor by its officers, employees, agents or
representatives, reserves the right at all reasonable
times to enter upon the leased aria for the
' Inspecting the same, for observ. iq the performapncee by
the Losses of Its obligation, under this Usse
s apresssn, and for the doing of al,, act or thing which
f M Lessort■1y be obligated or t-re the right to do E
under this least agreement or otherwise. r`
2, The Lessor reserves the right to Operate the Airport in
paoverament under any of the agreementseunder whichstate
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J or dnelopsont of the Airport vas granted,
3. The Lessor reserves the right to tale any action it
considers nee eery to protect the serial approaches of
the Airport against obstructions that would constitute
a hazard to aircraft.
f- The Lessor reserves the right to further develop the
Airport as it Bess fit regardless of the desires of the
Lessee and vithout M.Weranco or interference frog such
lAoste,
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S. That this lease agreement shall be subordinate to any
Provisions of any existing or future agreements ontered
Into br the Lessor with federal or state governsente
for funds for the lsprovement, operation and
math *nonce of the Airport.
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6. That nothing contained within this lease agreement t
shall be Construed as granting or authorising the
gr6ntipq of ■n exclusivr right for exeratsln99 the
seronau,tc&I activities p.ovlded for in $letlon D '
hereof, and Lesso: reserves the right to grant to
others the same or additional privileges on the Airport. f
Tt, MUNTEM Ca_ O► LEAH AMs ! .
The Lessee agrees to maintain the leased area on the Airport j
in a safe, clean, and orderly condition at all times.
L. LICENSE ►EE9 AND TAxE9r
The Lessee shall take out or obtain all licenses or permits 1
as required b federal, state or local law. The Lessee shall
pay any and all lawful taxes and assoontab, which, during the
term of lien uponhorlwhich may be eIevied by the rstate, seountap city,eor
any other tax la Tying body, upon an and all of the leased area
of this agreement, as wall as alt taxes on taxable property
real, personal or mixed, owned by the Lessee in or about sold
leased area, but deferment of payment of any tax by the Lessee
shall not constitute a default or breach of this lease agreement ±
during the time the Lessee Is contesting In good faith the
payment of said tax before any duly constituted authority, and
pendirg the final determination of such content.
M. 7,AM9, OADINAMCZ9 AND IIt1LRe1
The Lessee sgroee that it shall observe and obey all the
laws, ordinances, rules, and regulations of the federal, state, '
and municipal governments which shall be applicablt to its
operation at the Airport,
N. TXMINATION AND CANCLLL~T101 O► rvae■ A4AXV4WTr
1. C7~NCELLATIOM t! LR9BEme This lease agreement shall be j
oubjcot to en na on ar.~ eancel3aclcn by the Lessee after the
happening of one or note of t6c following ewantsr
A. The closing of the Airport for all flight
operations for a
period of thirty (30) dsys,
9, toluenes, by any n,u, c of competent jurisdiction of
an lnMetIon in any ra/ preventing or restraining the I!
use of the Airport, an., the remaining in force of such
Injunction for a period of at least thirty (30) days. f
C. The default by the Lessor in the parfornance of any
covenant or agreement herein required to be performed
by the Lessor and the failure et the uoeor to remedy
such default for a period of thirty (30) days after
receipt from the Lessee of written notice to remedy the
sae.
2. EtE14I9IM U391206 91011T Olt CAMCELLATIONs
The Laseem may exercise such rights of aAncellstldn and
termination by written notice to the Lessor at any time after
the effective date of this lease agreement, and the rentals due
under said lease shall be payable only to the date of said
termination and cancellation and thereafter all of the Lessee's
rights and privileges and the Leeeot's obligations shall cease.
All improvements made by the Lessee upon the leased area, as
herein provided, shall remain the property of Lessee, provided, f
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however, that the teeese, after the sold Improvements are f
removed from the loosed area agrees to restore the leased area
in as good condition as It was originally.
7. CAtO L T oa 111, This lease agreement shall be
subjeot to carer a on and term Inolon by the Lessor after the
happening of one or note of the following evontst
A. riling by the Lessee of A voluntary petition in
bankruptcy.
e. The abandonment of the leased area by Lessee for a
period of thirty (10) days.
C, Default In the performance of any of the covenants,
conditions, or agreements contained herein to be kept
and performed by the Lessee when such default continues
for a period of fifteen (IS) dala after receipt of
written notice to the Lessee floe the Lessot to correct
such default,
11 EXERCISING LES60R's AZOV q! CAMCEL T OU
The Lessor may exercise such rights of cancellation and
termination by written notice to the Lessee at any time after
the effective date of thil lease agreement and the rentals due
under said lease shall be payable Onl to the date of said
termination and cancellation and thereafter all of the Lessee's
rights and privileges and the Lessor's obligations shall coast-,
.All improvements made by the Leases upon the leased area, as
herein provided, shall remain the property of Lessee, provided,
however, that the Lessee, after the said improvements are
removed from the loosed area agrees to restore the leaned area
in me good condition as it was originally.
0. 1OTICE6'
1.S~ES l0 LESSOR Notices to the Lessor provided
herein shoe 1~e sullhARAPtf sent by art ified mail, postage
prepaid, addressed tai
CITY MAlLan
215 EAST MCNIMMEY
MD"ICITAL BUILDING
010070", TEXAS 76201
2, E t:,,tlaes to the Lessee provided
herein shoe au c eif sent by certified mail, postage
prepaid, addressed tot
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J MARTIN MILLER
J 6 M AVIATION
1. 0. BOX 291
DEMO, TEXAS 76201
2. The address to which any natle!, demand, or other i
writing may be given or made or sent to any party as ebo••e
provided ms11~ be changed by written notice given by such party as
above provided. i
P. AT70JUIXTS' Mat i
If the Lessor files an action to enforce any covenant, term, i
or condition of this lease agreement, or for the recovery of the
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possession of the 'eased area, of for the breach of ary
acoverensant,totey
atra, or coisditfon o[ this lesse agrament, W ssea
ge P iw orn re 1n 1 th a attorntys' Ceea for the arvleea
intcurKedo suchafeesto befised bycthencourt,part of the tests
G. RW_ Of Ldt M VSA ttI .
Leattor's waicar of breach of one covenant or condition of t
this lease agreement to not A waiver of breach of others, or of
subsequent breach of the one waived. Lessor's Icceptance of
rent installments after breach is ..at a velvet of the breech,
excapt of the breach of the covenant to pay the rent installment
or installments accepted.
R. TIME OP CBB>7a^+•
Time is of the estonce of each and every privlslon,
covenant, and condition herein contained, and on the part of the
Lessee or Lessor to be done and performed.
IN MtSNE87 1fEEREOy, the parties lersto have executed this
lease agreement as of the daf end year first above written.
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CITY Or v S
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7 ATTEST
CITY OP OE111bN, TEEM p
APPAOVEO AS TO LWAL FORMi
A9'i'ORNSl, ctTY or DEN1'ON, +'auE
MARTIN MILM d/bla
J a N AVIATION
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PACE I
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MINUTES
AIRPORT ADVISORY BOARD
February 25, 1980
Regular Meeting of the City of Denton At'nport Advisory Board,
Monday, February 25, 1980 at 12:00 Noon in the Terminal Build-
ing of the Municipal Airport.
MEMBERS PRESENT: Keith, Marshall, Wright and Carrell
MEMBERS ABSENT: Slater, Howel and Moorehead
OTHERS PRESENT: Bob Smith and Jim Horn of Aerosmith; Herb
Fisher and Tommy Jones of ATC; King Cole
and Bill Angelo of the City staff.
1. The Board considered the minutes of the Regular Meeting
of January 22, 1980. Motion was made by carrell, second-
ed by Marshall to approve the minutes as written. Motion
carried.
2. The Board considered a report on the possibility of using
Industrial Revenue Bonds for Airport Development. King
Cole briefed the Board on this item stating that he had
discussed the matter with the City's Financial Advisors,
F First Southwest Company. The Advisors are of the opinion
that Industrial Revenue Bonds are not a practical method
for enticing development of the Airport. Industrial Rev-
enue Bonds are oriented toward on going manufacturing con-
corns and therefore, would not be practical for service
industries likely to locate at the Airport. The Adrisore
j suggested that tax supported general obligation bonds would
be more feasible for enticing development at tho Airport.
No official action was taken on this item.
3. The Board considered the request of J d: M Aviation for a
six month uxtention on their lease agreement with the city.
Tommy Jones briefed the Board on this Item, stating that
the current lease agreement contained sn option for the
six month extention. He recommended that the lease be
extended to allow J 6 M Aviation to either pursue a per-
manent facility at the Airport or liquidate his assets.
Motion was made by Keith, seconded by Marshall to recom-
mend to the City Coun a l that the lease be extended for a
six month time period. Motion carried.
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Airport Advisory Board Minutes
February 25, 1980
Page Two
4. The Board considered an appearance by representatives
of Denton Aerosmith Corporation relative to the City's
request for easement rights across the Aerosmith lease.
Tommy Jones briefed the Board on this item stating that
easement rights are necessary in order to establish an
internal roadway system at the Airport at some future
point in time. Jim Horn and Bob Smith of Aerosmith
pointed out that they were not in a position to commit
to any particular easement at this time. The Board
directed the Airport Manager to work with Aerosmith
concerning this easement.
5. The Board considered the recommendation of the Airport
Manager relative to the proposed Airport Layout Map.
Tommy Jones briefed the Board on this item stating that
he would recommend that the proposed parallel runway be
moved in from 1000 ft. to 750 ft.; that an additional
taxiway be considered for the south end of the main run-
way and that runup areas be provided at each end of the
runway. Lee Keith offered various alternatives to the
additional runup areas. No specific action was taken on
this item.
6. The Board considered discussion on Airport advertising.
I Gene Wright briefed the Board on this item stating that
there was a real need for enticing development at the
Airport. There was some question about the feasibility
of financing advertisements with Airport funds. King
Cole stated that it was possible that the Research and
Economic Development Board might consider funding some
type of advertisements. The Board directed the staff to
look into this possibility.
7. The Board considered the Airport Manager's Report. Tommy
Jones briefed the Board on this item covering the following
points:
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1. Progress report on Runway 17/35 Overlay.
2. Status report on Change Order N3 to the Overlay
Contract.
3. Status report on estimates on coating the North
Hanger roof.
4. Report on a recent meeting between the staff and
representatives from the TCA,
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Airport Advisory Board Minutes
February 25, 1980
Page Three
5• Report on Disaster Preparedness workshop at
D/FW Airport.
' G. Status report on Fox-51 Limited's desire to lease
land at the Airport.
With no further action, the Board adjourned at 2:35 p.m.
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CITY OF DENTON
MEMORANDUM
DATE: March 3, 1150
T0: Mayor and City Council
City Manager
FRO14: C, J. Taylor, Jr,
City Attornay
SUBJECT: Pro-rata cost of paving streets abutting
property - Harry Dorm Develoment Company
(Barworth Corporation) P C
I met with Jim white who was he
City Manager at the time of t
ppurchase of the North Lakes Park
it was the intent of all parties property and o eifor advises that
owners, including the City, would be responsible
of streets abutting their property, g property
paving
The Denton Independent' School District had agreed to pay the
Paving cost on Dowling Green Street at the time
construction of a school, of the
the City of Denton paid Down tConstrMuction tthese ecosts Casoa that
of the overall transaction.
of Denton the closing We find in the files of the City , Property with the statements on the purchase of
the
following notation on one of the statements,
"due Down Developpment Company by Denton Independent SMI W. Down De velopmentsCompany, Inc,00 Paid direct to H.
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copies of the $15,961.00 check and the closing statements are 3
attached,
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Based upon m review of the North Lake files, the transactions
for acquisition of the roperty from Denton I
District and p ndependent School
personal discussions with Jim White, Harr Down
and the City Staff, it is m
reflect that it was the intone of nallsippartiesatththe records
would pay for the cost of paving streets abuttin Cit the City
a g y property,
RECOMMENDATION
I recommend that the City Council authorize the City Manager t
I pay to Barworth Corporation (formall
t Company) the cost of paving streets ebuttirWig City property pIn ~
North University Place, Section V.
n
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CITY OF DENTON
MEMORANDUM
TO: G. Chris Hartung
FROM: Rick Svehla
DATE: November 2, 1979
RE: Overwidth in North University Place
We have finally received a bill for the overwidth paving in North University
Place. Originally, payment for this overwidth was recommended by the Staff
before w-i instituted our bidding procedures for overwidth. On the bill, Mr.
Down has indicated charges for not only the overwidth on Malone Street but
also half of the paving costs for paving which now abuts city property. I
have advised Mr. Down, the developer, that the Council considered payment
k along this adjacent abutting property several months ago. I also advised
him at that time the Council felt that no payment should be made since the
land did not belong to the city when it was platted and when the paving was
originally proposed to be built. Mr. Down indicated that he did not feel
this was proper and said he would like to appear before the Council. I
advised him that I thought it would be easier for the Staff to poll the
Council again on this matter and that we would then advise him of the Council's
feelings. Please advise us if the Council's decision has changed.
I have attached a copy of the developers bill. I believe the only valid part
+ the city should pay for should be the overwidth on Malone which would be for
approximately 300 square yards of paving which would amount to about S6,500.
The Staff is also at this time investigating, the costs indicated by the
j developer. Depending on the decision of the Council, we will make a final re-
commendation on the payment for the overwidth and/or new construction in
North University Place.
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DENroNSNANCN
1204W U NN E RSi P/ 0 Riv E. SUITE J2.
DENTON. I.AAS?a"I
October 17, 1979
City of Denton
Community Development
Denton, Texas 76201
Rer Pro-rata City Paving Cost
North University Place V Section
Malone and Amhurst Street
Denton, Texas
Dear ht Johh:
i
rollowing are our calculations in arriving at the City
of Denton's oro-rata Paving cost incurred by Barworth
Corporation (formally K. No Down Development Company).
4
North University Place Addition Section V Pavia
I
I Malone Street 176.76'
+183.43
+168.34
+ 50.00
+151.95/ 730.48' x 401+ 29,219.20 sofa
j Less City overwidth on Malone 730.48' x 10' -7,304.80 sofa '
( Less City Park property on Malone
Jj 354.56
y ;
+ 50.00/ 204.56'x 15' -3,068.36 sofa
Pli.s Auburn Street 161.27
+316.81 I
- 40.00/ 438.08' x 30' +13,142.40 sofa
Less City Park Property on Auburn
161.27
20,00/ 141.27' x 15' -2,119.05 sofa
Plus Princeton 141.63' 11alone to cent.
- of Cul
40.00 (Rad. of Cul de Sao) do Sac)
- 20.00 1/2 width of Malone F
81 .b ' x 30' F
+ 2,449.90 sofa
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October 17, 1979
City of Denton
Page 2
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Plue Cul de Sac (~80_),1' 5026.56 s.f.
Less (410)$- - 78.54 +4948.02 s.f.
TOTAL HARSVORTH PAVING 4,140.70 s.y. 37,265.31 s.f.
TOTAL CITY PAVING 1,396.75 s.y. 12,570.75 s.f.
TOTAL PAS' " AR5'A 5,537.45 s.y. 490837.06 s.f.
North Una. Place Addition Section V Curbs
West side o Aalone 156.53'
North side of Auburn ~1.'0~6S,.~9~2'
total City Curb 263.451 at $4.60 s.f. $1,211.87
City Flat Work.
i (66).7l (66)
7
4 233.7 s.f. Concrete $1.85 s.f. 432.35
1 13 c.y. Excavation at 3.25 c.y. 42.25
26 c.y. Lime stabilization
at .75 c.y. 19.50 4
26 s.y. Labor at .90 s.y. 23.40 {
517.50 1
+10% 51.75 j
$567.25
RECONCILIATION
Total City Curb $ 10211.87
Total City Flatwork coat $ 569.25
1 { Total City Paving cost $110174,00
1,396,75 s.y, at $8.00 !
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Total City Pro-Rata $12,955.12
Paving Cost
I
sincerely,
Harry 19. Down, Jr.
General Manager
Encls,
Certification of all bills. paid !
Plat North University Place V Section
As built plans, NUP V
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23370
1-23-711 16407 .
10 SHE PAYMENT DATE -
CNKC NO.
PAY ORDER Of ,:H' W. Down qNelopmen~ u. otly 15 r,
I 961,oo
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j;`'' ! EDERAL REVENUE SHARING FUN
City of Denton m Rlriyal sr,ldtny. nrnlosj jo, d :
137.4
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MEMOP.ANDUM
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CITY COUNCIL
MARCH 10, 1530
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Agenda Item:
Consideration of a contract with J. A. Hinsley, CRA, to perform an
independent appraisal on a tract of land located on the northwest
corner of Paisley and Audra Streets.
Sumnar ;
On February 19, 1980, the Denton City Council officially determined
to acquire said property for the purpose of constructing a realign-
ment of Paisley Street. The next procedure required by Community Devel-
opment Block Grant (CDBG) regulations is City Council approval of an
independent appraiser contract. The proposed contract form is the
document recommended by the U. S. Department of Housing and Urban
1 Development (HUD). The Hinsley firm was contacted by the Community
Development Department because of the firm's professional qualifica-
tions, its availability, and its experience with federally funded i
appraisal requirements. Upon approval of the contract, the appraiser
will have no more than sixty (60) days to perform the appraisal.
Mn submissicn, the Community Development Department will review
appraisal and report back to the City Council with a recommenda-
tion for Establishment of Just Compensation.
Fiscal Issues:
J A Hinsley would be paid the lump sum of $800.00 for the appraisal
I report. If the appraisal is contested by the land owner, the appraiser
would be paid $50.00 an hour for legal proceedings, preparation time
i and $600.00 for an eight (8) hour day of court time.
r
Recommendation:
+ The City Attorney's office has approved the contract as to form. The
Community Development Department recommends approval of the contract.
Action Reauired:
The City Council should approve the contract and authorize the City
Manager to sign.
Exhibits:
A. Memorandum
B. Contract
C. Attorney Certification
D. Map .
71
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I 1376.1
EXIIIBIT !!,-2
ACPF12'M MR APMAMhL SERVICES (ACQUISITION)
h 1
THIS ABRIT M, enteral info this day of 1980 , by and between
Community Development Dept. of the City o eF on _ State of
hereinafter reFerred to as a ency~ao3-
eY hereinafter referred to as t e "Appraiser." I
I W11,'~ SEili 7kL1~ ~
fumieh theme , the Ae~y proposes to acquire certain real protr_rty and desires that the 'ppralser
Agency certain servicer with respect to such property, includir~ an appraisal of each
h parcel of the property,.and the Appraiser represents that he is fully qualified to perform such
services and will furnish such services personally. and
R l WEDS, the services to be provided under this Agreement are necessary to achieve the purposes
of
Cotnmunit Develo mrat Black Ora pro ram and the li.:[a:m Relocation
Ass~s`tance an a operty qu s t on cnets t o ttZ Act .
10.1, 11iF3tFTM the Agency and the Appraiser, fur the consideration eid trader the conditions
hereinafter set forth, do agree as follows: I
i ARTlQE 1. Pr er To N__e~____F__p~~~ aLted. A description of the rea. ro ppeettff to be appraised, including
an idcntificat on o any interests the tail propert,; to be spp5eeciflcally excli-ded from appraisal,
are set forth in the attached Exhibit A. Aseparate appraisal is to be furnished for each "parcel l."
such tract consists offrng tract or
more platted lots or tracts part of a al lot. mnershi,
or other
separately held interact in two or me -a parcels shall be considered to be a separate parcel for
appraisal purposes and an exception to title to the parcels so encvrbered. An easment in a
j parcel that is appurtenant to another parcel to be acquired by the Agency shill be considered to !e
pport of <uch other parcel and an exception h the title of the parcel encu bered.) Tacit parcel shall
I be considered to include all right, title, and interest of the caner In or to any ad)rcent or abutting
streets, alleys, or other public rights of way.
ARTICLE 2. Purpose and Bases of Valuations, }
(a) ru a and Si 1cance of prrals"els. The appraisals to be ftanished und:r this agreer*nt
are r`egt r t enty or to gguuidance in making fjir and lrpartial determinations of fair
market value and the ust compensation to be offered to each property owner. The Ap raiser shall
be guided by those ob ectives when estimatI values. Appraisal reports will be revle."d carefully
byy the Ageney. Accordirsgly, the text of rack appraisal report tla required valuation f ndtngs and must provide a full explanation oftheaAppaiser s reasonntnntggo
and his analyses of the evidences of val+m, so that r reviewer will be able to follow the Appraiser's
analyses and trade-stand how he reached his valuation conclusions.
(b) raisal Standards. The appraisals trader this egteanmt atw11 N based on nationally recogntred
eppraie'1 eatxT tcrhniques to the extent that such pr:nclpals are ca sister t with the concepts
of value and the rules on the edniasibility of cvidetce of value trxkr the eninent dan,in law of
the State. Factors teletfn~ to race, color, religion, sec or rastional orl~in, or to rseirII religious
std ethnic identlficat[on of neip~bort+oods are not relevant to the estl~atIon of valve and shall not
~ N considered to corrteetian with appraisals of residentLtl real property.
(c) Date of Valuation. The Appraiser's valuation shall be as of a date concurrent with the prepara-
tion a rrpott, vi ass the Agency has specified cam other date of valuation.
(d) Bgsoratien Assistance. The Appraiser's analyses +iniom of property value shall not reflect
j ae,' a- we rear tfW re ucation payments and other at_, .,.ce provided under Title It of the btrlform
Act.
wJ/79
Page t
1376.
EXHIBIT 113_2
(c) Influence of Pro ect oa Fcreasro~erity_Value, In forming his opinion(s), N.e Appraiser shall
disregard any decrease or ine n the Mir trarket value of the real property to be acquired,
prior to the date of valuation, caused by the project for which the property is to be acquired,
or by the likelihood that the property mould be acquired for such project, other than Out due
to physical detericnation within the reasonable control of the Owner. (In the case of a partial
acquisition, using the before .and-after method of valuation, the Appraiser's opinion of the value
of the retaining rot-to-be-acquired portion of the property shall reflect any increase or decrease
in value attributable to the project,) If the determination of changes in value c.iLood by the
project is a problem, the Appratser's report shall cite the ruling followed and its source and
shall explain the effect of the ruling on his opinion of value.
hrQICSE 3, Sco~+ o eraiser's Services. The Apprniser agrees to perform the following services:
(a) raise each parcel and prepare nrd'deltver to the Agency, within 60 caleN%r days
atter` the date Cot this s agrcament, copies of the appraisal reports cm o to the
pproAsltns of this agreement. The pro ser shall personally inspect each parcels , ncludlrgg all
buildings, struchues, fixtures, and other imprwurants to the property, Tie Ap raise-r1rall give
the c6mr or his deslUuted representativv an Opportunity to accompany tha Appraiser during his
detailed inspectic,m of the properly, If the O.re: of a compensable interest. in the property or A
representative of such umer does not accompany the Appraiser during the inspection, the Appraiser
shall. include in his Appraisal report a copy of his notification to the owner of the opportunity
to accompany the Appraiiser vd evidence of the owner's recelpt of such notification. In ttu m+rocess
of inspecting the property, the Appraiser shall, to the extent practicable, ascertain the rights of
all parties in possession and note for ronstderation all factual information and eomnents furnished
by the caner or his representative role-ant to the appratsal,
f (b) Testify as an expert witness in behalf of the Agency in Any judicial proceo64 involving any
property appraised undeer~ this Wcvrent. Such services shall includo such reasonable time as tray
e required for reinspection of the property, updating the Appraiser's valuation ~rticipation
In pretrial conferences with camsel for the AP.ency, and teatifyttg in the Judicial proceeding, 'ihe
Co pensation for such services shill be dete od in accordmen. with Attic a 6.
(c) tlxlify_AE furnish sujoplerrnts to say Appraisal report fw.ntshtd ustder this agreumont,, without
ncWtcTona core to t`} e~aency;~! (1) applicable principles of law with respect to the valuation
of the property require thn modificattcm or supplamenttng of sttch appraisal, (2) material omissions,
inaccuractes, or defects in the appraisal report are discovered Wenr delivery and acctptarce of
the report by the Agency, or (1) the Appraiser receives or becomes a'aate of relevant ecuditional
aipraisal iiLfortrotion in existence prior to the date the Appraiser O ved the report. If there
is a si~aificant delay between the date of valuation and tlne date of ucquisition of any parcel or
if the yyruperty has bete materially altered time the appraisal by a fire, a revised detesumitmtim
l of the bcxncbries of the property to be acquired, or other cause, the Appraiser shall, if requested
by the d,gency furnish the Agtmcy a supplamentary report updating this valuation and the supporting
data anh Anallyses to a current date. 'Tllhuce ccrpetwLion for v eh updating of~an appraisal shall be
determined in accordance with Article 6.
(d) Estimate the value of an right or interest proposed to be reserved by the owner in n propert
sppraTc-Tby theppeTser, euc as`at c`asmm~t for access to other property of the Owner, the r4fi t
to continue accup.tncy for An extended period after the Agency acquires the propLrty, or the right
to rarove any hvtlding, structure, fixture, or other LrWvvwknt. The ctxperyaticq to be ppaid to
the Appraiser for furnishing any such valuation shall t>e determined in accordarnce with Atticlo 6.
(e) Consult with the enc aid its legal cu nsel regarding services to be performed by the Appraiser, f
at so tsuchscons as Auy le Autwlly convenient fro the parties to this agrecaent.w The Appraiser shall
initiate ultations whenever he is in doubt as to whether an elerwnt of property is real or
personal property or needs legal advice on any aspect of the appraisals to be furnished !Odor this
agreement, '[here shill be no charge by eny party for such consultations.
5 • s a
Para. 2
1376.1
F AMBIT 18-2
ARSICiE 4. Contents of Appraisal Rrppoor~~ts~~.n Each appraisal report to be furnished by the Appraiser
under this a`greeent'sTuIT-cont`e Gi certai lnformnatlon and the Appraiser's conclusions and
opinions, together with the data and analyses by rtdch they were derived, as set forth below.
A separate report shall be submitted for each parcel, ltut.•ever, if mre than one parcel is to be
appraised, all general data may be included in a separate data volure that is referenced in the
separate appraisal reports on the Individual parcels. The appraisal mport on each parcel shall
include the following,
(a) A svrcor headed "Appraisal Report for (name of the Apcncy)" that provides th> foliating:
(1) Project name and number,
(2) fate of the report.
(3) Parcel amber, address of the property, brief identification of all interests in the
property appraised, and the rLvie of the eater(s) including Wry tenant-croners.
(4) Date(s) of the Appraiser's insppection of the property with the tMnu:r(s) or the a rer's
designated representative, including the scam of each owner or representative of an
saner who accoapunied the Appraiser during his inspection and the interest held in the
property or the representative capacity of each such person.
(S) the Appraiser's estimto of the fair market value of the entire parcel and the fair
market value of the tgm interest tit the land, as if vacant.
(6) The limiting conditions of the appraisal. which my include asstr:ptlons (1) that the
title is good and marketable, (it) that no responsibility is assured by the Appraiser
for legal gutters, especially those affecting the title to the property, (iii) that the ;
legal description of the property and the interest In the pr rty to be appraised,
i furnished to the Appraiser by the litntcy, is correct, and (iTthat no survey of the
1 nroperty has been made. Any other appropriate assumption or limiting condition may be
added if it has been spcctflcally approved in writing by the Agency.
(7) The certifications of the %yr4iser (1) that he personally rude a thorough inspection
of the property, (it) that, to the best of his knwltvige and belief, everything contained i
in the report is true and no relevant and iiporrant fact has been ondtted, (ii) that
f
neither his vTIcymnt nor his cvrpensation is contingent on the valuation reported,
amid (iv) that he has no nst, present, or prospective interest (including that of real
estate agent or broker) p .n that property, t parties involved, or W Wet '..iterest
that v)uld conflict in any way with the services performed or the tanking of &I, ~
impartial report.
I
(8) iscertificati othatita ethe4'ppra( er's opinion, the fair market valve of this property
(an ariount be I
(9) The signature of the Appraiser,
(b) The name and address of the a.ner of the property and the name and the address, if known,
of any o" trier party'larowi aF tic efT`veZ io hold a separate corpenseble interest in the property.
(c) The street add eas and an Accurate description of each cel and all interests In the parcel
oppra se , 11* property WeiptIon a Li-1 en1 1d ntEy a c ens, restrictions easements
servitudes, and reservations affecting the title. Taw ptoperty description shalt specifically
j exclude and describe any Separately held interest in the propert that is to be acquired separately
or as part of anther parcel. Tha description shall also specifically exclude all separately
held Interests which are not to be occulted and will not be affected adversely by the Agency's
project. If there are say separately held interests in a parcel, wldch are to be acquired with
other interests in the same parcel, such as leaseholds, tenant-owned L~pptovw.x to, life estates,
easawnts, and water, gas, oil or mineral rights, a description of exh such aeparate Lmtetest
* and the nave of its amer shah be furnished.
ISM
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13%G.1
EXIII111T lti-2
(d) Off-record title L,Cocae~tim cmcerntng intcrrsts or inst
riot 0 vco sue es eases, options to rcrxvr a lc~se,contrac[s ofs~~t affect title, but are
66 ppoo And other tntereata or
rl ht! of parties to ssessicn, Such irfornation shall be ryortad, and if avaptable facts are
sufficient, the Appraiser's report shall be lvsed an suvh additional title lnformatim erxl so noted
in the appraisal report, Othervrlse, tine Appraiser shall refer the Trotter to the Apency and defer
rrnyletlon of the appraLal until the questicct 1s resolved.
(e) lassie ro ert data including pertinent inEocmatfm With respect to such matters as
rnvirrment Drat m of tpruuppe ert (1) the
or servitudes affecttr~g the 'av.llabl use Orr)occcuu en 'I and any restricti covenants, eonditiosu
real property and the current annual real estate t~vicery_of the 'land, (3) ttrveassessed value of at,
P per, at time of a raisal (S) burden, (4J the usa and
YO ? the ubllc impr °Ccu of the
PrMdlnyg Access to the r ertovem.mts, services, and utilities pawy serving and
(7) the freedaa of the P tytyY (b) t~ c ratter, top~;raphy, dO'iensims, and area of the land
the propertY, if rrnteJP 9)rthefestlmatcd3a1 hsza ds, (A)-tlx' current rental and rental history of
of the property, tad (10) a eescriptim of thannual costs
e buildings, Ownership and for operation and maintenatice
any, including relevant information as to t,,Ve of taprova;ent, deal ed mother strut men to, if
and finish, equipment, dimensions,, floor area, age, conditioe construction materials
utility, and any other characteristics or attributes of the the location pe
n, Vace or roar. acrargercnt, f~ctlwul net real property, Zhe appraisal report shall contain a general sm-tc tt germ3ae to tIe value of
the
dimensions o! ''x led, the location of the stree all
ts, improvemee nts the lpublicsh~ a d
any ea3nnrnts in the land, And the ebtltting streets, ys, or other rights of say. The
report shall also include such photographs, each clearly identified, as ray be appropriate,
(f) ,1,tert of anv cortdltian or oc
value of tna property. cte:ncy of the rnpertX in vlolat[on of lerr that ss<y affect the
The Ap raiser's - irdm as to the Wiheet and Gast use for the t
afiatl'also i~c
o t gpPra cer s op ons as to Any otfie use(s) for the appraisal report
reasonably suitable or adaptable. If tha Property is unused Vacant lmxi or the .QtolatA is
use is not self-evident or is found to differ significantly from the present he the ppraisalt 17,1 and report 8% L V and a! to the al esvbysuirfabllheIppraier
reached of his cWiZIveiayyu as to the highest re ati or ptabilit the for which -tr, p arty ccxdd reasonably be considered to be suitable orpadaptabIofor .
lehe other use( a potential use E` I include consideration of relevant matters, such m tha suitability of analysis
locatioa, Ole enviro ant and the legal and physloal attributes of the y
proper i cost, if anyy, of converting tha pproperty to such use, and the spy for such use, the
and ri iw desirability of other propert[es that would compete for t1 Y' edit prico levels,
Anrlysls of the property for the future use or uses found ~t,e ~ kind of uee, The
of the process of appralsln~t the property and, thorefo may be fnclluded°! end bval use is part
furnl-,had in accordance with Paragraph 4 (h) belnv, In the valuation amlysie.
(h) F•r.pa inlon of the /Aa~rt- eniser as to t1o fair aearket value of the jr rt. . 7ba sha11`.cnta'Gi aTcc-rp[i~tr, of t'he icaso process us
Appraisal report
as to value and all data Ord analyses need. to explain and ai Pra ter reachirut his eonclw iet►
date And analyses fum ishvd in the appraisal report shall includdee. the following, lilt supporting
(1) An analysis of the property, from the
point
characteristics and attributes on Its vAlue for the availnbleturee or uses for Uhiich the
property is best suited, particular attention shall be given to the characteristics of '
the property most relevant to its value a rh as in th rase of an investort property,
the incase potentiAl and the expenses of u ners
h1P,.fmIn etatance, and opcratt .
(2) of a xhtproperlo of thet" iu recent n't sale of nsch property appraised and any other sales
the . .rd preceding the appraisal. Such sale(e of
property appraised and all recent sales of ca,parable pr rttee considered
Appraiser In forming his opinion(s) of fair market value s ult M
practical, the lnfommtion furnished with respect to =41 such salersshall insofar As?
among other pertinen, acts, the runes of the antor and include, r
sale, the tale prico, ny special ttrnw or antes, the date of the
affected the transaction and a descri t(on of the prop ty and its perty and itsc co of the sale. that
sale in sufficient detail for use in rmkl the Pndition at time of
ng appraisal, a
,
Page 4
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1376.1 E
F1lIlIA11' 16-I
MOPIMPORN
(3) The analyses that cinatitvte the principal basis for the Appraiser's opinion of t1m fair
market value. The appraisal report shall contain the Appraiser's evaluation with respect
to previous sales of the property appraised and any recent offer of the owner to sell the
property The appraisal report shall also contain the Appraiser's analysis of each
cn. arable property and its sale In relation to the pr srty appraised. the Appraiser's
analysis shall reflect appropriate allo:ances for the difference in the time of the sale
desirheebcoFTarable properties and thr date of appraisal awl the differences in the utility,
u y„ and productivity of the ptoperties that are pertinent to their relative
value, The appraisal report shall contain a valuation data nip showing the location of
the property appraised and the cortparable properties referred to in the appraisal report,
(4) All other information, analyses, and estimates considered by the appraiser to be relevant
to the estimation of the fair market value of the property.
(5) if the property appraised is part of a larger parcel In the same ownership or is less than
the entire interest of the outer in the property, the appraisal report shall contain the
Appraiser's opinion of Just corpersation for a taking of such property or Interest,
ustr~q the before-and-after method of valuation as interpreted usxier State law unless It
fa obvious that there mould be m daneges or benefits to the remaining property or
interest of the owner. However, if tha part or interest to bo takau s such a mvill
put of the %bole property that the dx ages for the taking can ba more accurately
tstimsted directly, that method may be used if permitted under State law, without
estimating the fair market value of the entire property of the owner. The foregoing
opinions of the Appraiser shall be supported in his report by the data and analysea by
unich he reached his conclusions.
For inforrntion purposes, the appraisal report shall also contain the Appraiser's estimates
of tha fair eurket value of the to-he-acquired pert or interest As part of the whole
j property ad the net d wages or benefits to the ramining property of the owner, if in
the opinion of tho Appraiser, acqudsitim of the part of, or interest in, the property
proposed for acquisition would leave rte owner with an uneconomic re twit, the Appraiser
shall furnish a separate estlmue of the fair trarka value of a "parcel" cotprishq both
thr parcel proposed for acquisition did the uneconarie raaaant, (A raminder parcel
or Interest shall be considered to be an unecaundc meant if by itself it Ias little j
or no utility or value to the a ner,)
I r
(6) Such TMpa, plans, phatograpt~s, ur ether exhibits, a necessary, to explain or I1lwtrate
the analyses of thn Appraiser.
(7) The Appraiser's evaluation of the indications of value deduced f•ent his separate analyses
i of the various evidem:es of value and an lanation of hay he reached his final
conclusion as to the fair market value of the property,
(1) The coinian of the Ajratser as to the fair racket value of the land as if vacant, Tho
valumiion a a n-IFTWE-04 erne torest i-Ma- as Is to acqutvtd in the
ran pmperty.
Tie report shall contain Infomnation with respect to the available use or uses for which the
land would be suitable if vacant, the pinion of tho Appraiser as to its highest and best usa,
and the Appraisers analysts of the evidences of value ant of the we potential by -.filch hue
reaclxed his conclusions as to the highest and best use of tho land and tha land vAlue,
V) -AV-9 erty S~UIyVIs-~is if the prvperfy is a comlercial, itduotrial institutional, g mnontat,
or ratan property t -E T-m-olver substantial quantities and kinds of fixtures such as trachinery
and equipment, Any building, structure fixture, of other tirprovantnt, Odch would be raAl property
If weed by the owner of the land, shall be considered to be real prooppeertyy (avast if thr inprover mt
Is the pprroperty df a tewt who has the right to renove it or tl>a obTPCatton to ranove It at the
expiration of his term) Ilse property &mlysis Drat be aap~proved by the %e~~em before the appraisal
Is completed and, as approved by the A es cy shall be included so an exhibl: L the Appraiser's
sport, The property arulysis shall 1 At, identify, and classify as to amrehlp and type of
iaprovenent, all Metro of physical rr rty considered to he patt of the real property. The
property analysis shall ciao IdcntiCy tan& bla personal property located at the prcndsss to the
extant reasonably necessary co preva„t mistrdcratardiryls as to shat to regarded is bear; real or
personal, property, buildings, attuctures, fixtures and other i:pra erta,ts, inclux. t~efr accessories
isarAwrtsaressnsn
Page S
I
r
I
j~1376.1
1,X1;1111'11 IB-2
e
rod spare parts, shrAl be identified %nd classified as to o mership and type of property as followsr
(1) Ormership.
(i) Wier of the land.
(fi} Each tenant in occupancy.
(iii) Each non-Dwypant owner of any fixtures or other irmprovements, or personal
property on tlv premises.
(2) Type of property.
(i) Building, structure, or fined inpromr nt.
(Li) Building equipment, removable.
(iii) Fixhrres, classified as to whetter economically removable for rouse, removable
for salvage only, or Irrrnovable.
(iv) Personal property, identified as to types and epproximate amounts , or otherwide,
as needed to prevent edsunderstandtngn as to the classification of any item.
It any building, structure, fixture or otter Improvement is not to be acquired, will not be adversely
affected by the Agency's project, and viil not be required by the Amoy to be ranoved, such as a
pipeline in an easwwt not to be acquired, such tmpromnmt shall ba identified as excluded
from the appraisal,
(k) if mrch~tner_ad iipmcnt or other fixtures used in a trade or business, farm operation, or
instttuErWit or govein- coon constitute ;+)rt of the real property, he appraisal report
,hnll,contaln a separate schedule which provides separate eattmates toe each such item, as
prescribed below, if there is more thne one ewer of such items, a separate schedule shall be
furnished for each rawer. The information and conclusions to be furnished an each item are as
follows:
(1) Ascription of the item, including, as approprlate, tic mmifecturer, model and serial ~
nucber, sL-te or capacity, age and coedit on, and degree of obsolescence. Accessories
arni spare parts, special fouutations, aril poser wiring and process pi ing generally
shell be listed separately, following the listing of tla !tam(e) to which they apply.
(2) Estimate of the replace,er,t cost installed of the item as listed and Identified (excluding
any ,laments listed separately). Separately identify the basis of estWted replacement
cost (new or used).
I F
(3) The contributive (enhmncaent) value of the item to the fair market value of the real
1 property as a whole.
(4) Fst(rated fair market value of the item for rurovat from the p ty at a purchaser's
expense, Such value shill be considered to be the probable sell ?rice If the item
were offered for sale for romwal from the pr ert at the purchaser • expense, allowing
a reasonable time to find a purchaser btry " with knou1044 of the uses and pprtasppwwas
for which it is adaptable and capable of being used includ(~ salvage for,tervicable i
components and scrap wlm, it nppears that will prWAde the hit hest va;pa.
The scht-.Ue(s) of estimates shall be consistent, with the property analysis approved by the Agency,
as provided in Psragraph 4 (1), Ilia Appratser is permitted to tae than aerviees of such technical '
specialists as may a ne to enable the Appraiser to provide valid estimates and sand valuations, j
11w schedule(s) shall be supported by mi explanation of the procedures followed in gathering the
necessary mnrYtet information AM technical date. The principal purpose of the /~prstair's aceo,Swrying
narrative, however, taut be to explain his analyses and his evaluations of the dollar amotrn of the
overyll contribution of the machinery equipr.mt, and fixtures to the fair market value of the real
property as a whole. TIe report shah{ contain any layout plans, sketehos, me photographs that are
Page 6
1376,1
EXHIBIT 1B-2
reasaiably Mcessary for locating or identifying the facilities or illustrating the Appraiser's
I analyses.
(1) If there are separately held interests In the real property to be acquired, such as casements
lease'-7 s, Mr r te, ifs estates and oil, gas, or mineral rights, and the division of aaierahlp
is not of such character as to destroy the practical unity of the property, the Appraiser shall
apportion tits cstiwte of the fair anrket value of the property (all interests in the property to
be acquired) to each separately held interest. (llarever, tenant-aped laprovemrnts Shull be valued
in accordance with fAraATaph 4 (m) below.) The report shall contain the data, analyses, and
reasonn Uy which the Appraiser made the, apportittrcnt. If the 'torah rule" is regarded as not
applicable Uecausa the division of ownership is such as to diminish the fair market value of the
property as a whole, the separate interests involved Shull be appraised separately.
(m) Terant-mned rvwermnts. If any building, struca •e, :inure, or other improvement to the
proper[y-is !-dent a as Vain the property of a tenant .;q has the right or obligation to . mavs
Lt at the expiration of his term, the Appraiser's estimate of the fair market value of the laprove-
mm t shall be the greatest of (1) the urcrunt which the improve wt contributes to the fair market
value of the property, (7) the in-place value of the improvement as part of the real property ~
(the dep.-ciated replacement cost of the improvement installed), or (3) the fair Parker value of
the improvemlt for removal from the prcgertyy at the purchaser's expense. The appraisal report
shall state th! busts for the valuation of tine improvunant and furnish the data and analyses on
which the valuation tas made.
i
(n) If the property is a multifamily or mixed-use (residential and nonresidential) property and
un owner o a aamensa a nterese ni uT p~c~peicy also occupies a dwelling in the yT%;r yythe
Appraiser scull furnish an opportiarvrit of hie estimate of the fair market value of the whole
property to ouch dwmelling aril to the ratotMer of the property. For the purpose of this paragraph,
an occupant of a dxlli shall be considered to awn a componsable interest in the property if
be holds fee title, a life estate o 99-year lease, or a lease with riot lass then SO years to tut
fran the dale of valuation, ur hods an interest In a cooperative housing reject which includes
the right to occupy the dwelling, or-is the contract purchaser of any of the foregoing estates or t
interests, or has a leasehold interest %1th option to purchase. The Appraiser's report shall
explain how he made the apportionment.
ARTICLE s. services To 5e pruvido by cl. The Agency agrees to furnish the Apptaiser the
follc rim m
(a) AArnap~or_~lat, based on official records, of the r•,r
Uousidi to an 9NGonstws of the [Party described in Article 1, showing the
parcels to be appraised, Each parcel shall be desipjnatcd b a
number, and the parcel n+rbers shown on the Apprafiser's reports shall conespond to the parcel
numbers shiown at the nap or plat. Bawer, additional parcel numbers rosy be Assigned by the Appraiser
for easements appppraised st~yarAtely or for additional parcels revealed while Pnkitg the appraisals,
Tha Appraiser a911 promptly advise tho Agency of any such additions, r
(b) M v mersbi data r rt for each parcel, Thn report will show all estateA and lntovests in 3
the parce m e t of recor oral consequently shall not be assured to accurately define the
i
tits to be appraised. The wnerrhfp data report on each parcel as Clown on the parcel Plop will
inci
(l) The name (and address, if available) of the Omer appearing on record;
(2) The legal description of t1v parcel as shown by the cannyance(s) by which the record
owner acquired title;
(3) Identifiation of the conveysnce(s) by tCch the present owner acquired tit's, frnclud[ngn j
the date of the conveyance (s)! the date book and page numbers, and place of recordationj `
the name (and the address, if avaitablei of the grantor of such conveyance; the stated j I
consideration the ar"t of any mortgages or encunbrances placed of record or to which r
title was sub,~act at tire of canreyonce (so far as determinable from in owdnation of
the conveyance); and the unto of any State or local transfer taxes 'het v,re based on
tha amount of the consideration;
(4) Outstanding estates And other riphts or interests of record, includin n~A , A n.
par,e I 1
f d
i
1376.1
E%NIBST lB-2 ~~~JJJ
restrictions, mineral rights, leases, and any krnvn, but unrecorded, interests of other
parties. Sufficient information shall be furnished to disclose the probable effect of
such outstanding interests on the title of the record cioner;
(5) outstandins special assessments, if any, for public Improvements such as streets, sidewalks,
public utilities, and similar public facilities;
(6) The amount of real estate tares for the current year and the assessed valuation stated
separately for land and for inprove+urnts.
(c) Icg l advice, upon request of the Appraiser, on legal natters affecting the appraisal of any
property tFE-e appraised.
ARTICLE 6. Pa nt, In consideration of the services provided by the Appraiser under this agreement,
the Agency agrees to make payments to the Appraiser upon the submission to the Agency of properly
certitted invoices, as fol o n;
(a) For appraisal reports accepted by the Agency, and for all other services furnished in accordance
with Article 3, except services furnished in connection with judicial proceedings raider Paragraph 3(b),
the updating of appraisals order Paragraph 3(c), and the valuation of reservations of rI to in
owner3 under Paragraph 3(d), the lump sun of ces 00 dollars, which shall constitute full
payment to the Appraiser for all of 'such se - ar a siQPPlies, materials, and equipment
used or furnished by the Appraiser aid all expenses incurred by tlw Appraiser in connection with the
performance of such services.
kb) For services furnished by the Appraiser in connection with judicial proceedings as provided in
j kb) 3(b) (except services as an expert witness in such a proceeding), the upating of appraisals
as prov~itdued in Paragraph 3(c), and the valuation of reservations of rights in owners as provided in
gad in
perwaehg 3cheO ser c--;-Tcnc~-ldollars per hour or traction of an hour actually p~ travel tire. All expenses of the Appraiser, inclenuilg travel
expanse and subsistence, shall be borne by the Appraiser. ra
(e) For services as an expert witness for the Agency in judicial proceedings as provided in'
Paragraph 3(b), the Appraiser and the Agency hereby agree that the fair and reasonable cougaensation
for the Appraiser's services shall be 60000 dollars for each full day's attendance
in court, or $75.00 per hour foi any"part t errof,
MI(1.S 7. Aprcavsts of , riser, an fnndulcu~t to the executtm of this agreanwt by the Agency
and in con,st rest on o t agrttmruts to be performed by the Agency, the Appraiser agrees t)utt
(a) Lilifications. 71ue Appraiser is qualified 'to perform the oorviu.es to be furnished eerier
this oaZgreiRent ennTis permitted by low to perfcm such services, end all personnel ae~aggcd to the
work stall be qualified and so permitted to do the work they perform. Attached as Ekh(btt 5 is a
statement by the Appraiser, certiff.ed by him to be true and correct, setting forth his tecku(cal
quanitficattons, general oppralssl experience, specific experience in appraising properties of the
ty.s involved in this agree:-.mt the carts in which he has testified as an expert witness, end other j
14c,enation pertinent to establishing his technical qualifications.
(b) Solicitation of Aarenriennt. line Appraiser has not employed any person to solicit this agreement
and has not true frroc sake, any payment or any aaggrreement for the payment of any comdsston, 4
percentage, brokerage, contingent fee, or other coapansation in connection with the proeyranmt of
this agreement,
(c) Interest of raiser rLKI aiser'~ Flo eea. the Appraiser does not haOV any interest
(incl t t o eea estate agent or mien rest or indirect, present or'
prospc.,tivo, in
any property described in Article 1 or in its sale, or my other interest, ►kaethee or not in tannection
with the t
party, which would conflict in an manner or degree with the performance of, the services
and the a esion of inpartial reports, aril has not employed and will not employ.-in connection with
the services to be furnished under this agreement, Any person having an each interest, thtll the
property to acquired by the Agency or excluded fr rn fts projacC by resolution of its governing bait',
r the Appraiser and any nrployees o the Appraiser, so tong as trey are arptoyed by the Appraiser,
will not acquire ay such interests and will not, for their vm account or fZor other than the Agency,
negotiate for any a the property, perform services in connection with the property, or testify j
voluntarily as a witness in a condemnation or other roceedLn& wit?% rat Oc to I W*
r Pauper 8 I
■mni
P •~F:J
1376.1
EXOTBTT 1$-2
(d) Services To & Confidential. All services, including reports, c inions, and infortatim , to be
fumis"rC Lauer fs agreexe are confidential and shill not be divulged, in wfale or in part, to
any person, other than to duly authorized representatives of the Agency, without prior written
approval of the Agency, except by testimony under oath to a judicial proceeding or as otherwise
required by lnw. De Appraiser shall take all necessary steps to ensure that no comber of his staff
or organization divulges any such inforrration except as m ,y be required by law. 1
(e) Facilities ".Personnel, The Appraiser has and will continue to have proper facilities and
peraonne to per arm R services and work agreed to be performed. If the Appraiser-proposes to
eTloy any person or persons to rake any appraisals of machinery and equipment or other specialized
cltrnents or attributes of a property appraised under this agreement, the avloynent of such person
or persoris for such purpose shall not place the Agency under any obligation of such mployce, nor
relieve the Appraiser of full responsibility for the faithful performance of the services to be
furnished wvler this agreenart.
(f) uaE4 1 IoXxmt Opporgnity• Ruing the performance of this agreement:
(1) 7be Appraiser will not discriminate against any enployce or a licanG for eaploynent
bee ause of race, color, religion, srr, or national origin. The Appraiser. will take
offirnutive action to ensure that applicants are 7loyed, and that eaployees are treated ,
during a:ployment, without regard to their race, color, religion, sex ox national origin.
Such action shall include, lrrt not be limited to, the followq mp{oyment, upgrading,
denution, or transfer; recruitment or recruitment advertislayoff or termination;
rates of pay or other foctre of eorrlxrtsetion; and selection far training. including
apprentices p, The Appraiser agrees to post in conspicuous places, available to M.
enployees end applicants for o ployment, notices to be provided by the Agency setting 1
forth the provisions of this mbdIscrimination clause, `
(7) 7he behalf of the will, In all
state solicitations
that t alsquuaalifiedd appliccannts o Villp receive placed cider~ation
for crploycmt without regard to race, color, religion, sex, or national origin.
(p) AssSArrent. The Appraiser's rights, obligations, and chitics under this agremnent shall not be
assignee nin -iole or in part, but this shall not prohibit the assignment of the proceeds due taader
this agreemnt to a bank or financial inatitution. This agrement any be assigned by the Agency to
any corporation, agency, or Instnrncsntality having authority to accept the nssigrm:nt,
(N Subcontracciryg. None o: the work or'serviceo covered by this agreement ahtll bo subcontracted
without`" Die pr1or approval of the Agency.
i
(i) :cords, the Appraiser shall maintain records of all details with respect to the services to
be per`forrW taader this agrce.nmt, including one rcoplete cop of each appraisal report and related
toted, for theca (3) years after delivering the report or unt l the property is acquired by the
Aygercy or the acquisition is abandoned, whchevr ie later.
(1E! Affidavits of liance. The Appraiser will, if requested by the Agency, furnish the Agenc
c`crt y coap'7ienc0 with the provisions of this Article 7. y
#m maz 8.'Chan a. The Agency, by written notice to the Appraiser, may codify the scope or quantity
of the services to fianlshed under this agreerner,t. If such changes cause an increase or decrease
in the amount of services to be provided by the Appraiser or In the titre required for their porformtnce
equitable adiu8bw. t shall be rode in the provisions of this aMwent for paymnts to the Appraiser
or for the t for perfonmve of the services or for both, and this agreement shall be modified by
agrewAnc of the parties accordingly.
A.Rvw, 9. emdnation c Agreement for Cause. If. thmtwh any cause, the Appraiser shall fail to
11 `fulfill in a time y proper rumor s Motion$ under this egreennt, or if the Appraiser shall
violate any of the provisions of this egreemnt, the Agency my upon written notice to the Appraiser
terminate the right of the Appraiser to proceed under this a eement or with such part or patio of
,the agreement as to which theca hie been default, and may hold the Appraiser liable for any dcnnages
,,the to he Aeency by reason of such default and termination, in the event of such tonndnatinn,
'any omp t reports prepared by the Appraiser Lander this agreMent shall, at the option of the
9j7r,
Page 9
Oil
rap
1376,1 '
EMISIT 1B-2
Agency, beccme its property and the Appraiser shall be entitled to receive equitable
for any work carppleted to the satiafactla~ of the cenpansation
be relieved of ltabiitty to the ~y' The AP raiser, however, Ag Y for shall not thereby
of the p domes sustained Gy the Agency by reason of any breach
the pucposee~f scoff untilrauchrticx ashtheaano¢ioFdld an
y Payments from the Appraiser for
detxrndned, The Appraiser aha1; not be held liable for es ~e ~y fras the Appraiser is
of delay if the delay is due to causes beyaid his control2 midewithout htssfeult le solel for eaaons'
this shalt mt prevent the Agenty Fran terminaC ~Y. Bence, but
irg this aErearent because of such delay.
ARTICLE 10, interest of Mes-bere of enc No `
relative to tFIs e'rement a ~bsr of tha Icncy shall participate in any deciator'
ma her arxi no othei officer, alit ar"" qtly, or Indirectly, his personal interests.
In connection eE , mployte of the Agency hn i lw such
with this agreanent shall love any pr;vat~lnterest, 3irectror'indibility o unction ? J
egrea wnt or the proceeds of this agrecrent,
ARTTCT1 It. Officials Not To Benefit, tb Member of or Delegate to the
of hwrica, a €tes eat ss mer, shall be adfdttcd to eny share or part grars of of this r ths agre States
or to any benefit to arise from the same, eernen~ C
ARTICLE 12, Notices. Any action by the ency trader this rea mt ma +
.lefi-"Ki~yer rants Adminissirator way
o[ perss he airy jmy, be co teal rot ce to "7-~- or sue
All noticesr ontoathaeCAppra set sha11 be considered t oN
c t 1j::;11111 at,
s data or such"
specified below, e- deliveer A~,~ Pr"pe rly gtvcn if ma iled to rinse.
to the Agency shall be tonsiderredo~bcyeufffcitntlraofven ifl lied, notleca s o e re the address
p tn~tr pother pa re given
-Den or to sue, of erlraPlresentat ve or a~ resa asath3 1 -E ~cKinne SPCCeet p mid to
Y Y s e to
IN F1iT1dE5S lrWFX1F re ser wt t
date first ab<ne ~rittan,t~ y and the Appraiser have executed tlds sip emient on or as of the
i
~ r
trect ess
~ ZC`f'Q`n ~ rate 76 0
7 9
I
i ~ Cit of Denton !
Byl
,
City Managir
9
Paga to
We4x~ 1
• ~ff7)!-WAR RANrf OSe'D ,
Tl+E di Ve OF TEXAS
e COUNTY OF N;NTOn KNOW ALL Y.i4 bt TNDdd FRSWINI:
That woo R. A. Story and wire, ltartho Story, of the County or Denton,'$Late of Texas, for
and In consideration of the sun of Ten and no/100 Dollars and other good aid valuable consldo
ations to us in hard paid by David Rulkey, the receipt of which is hereby fully ackrrorledged,
and the further considerattan of the assumption and promiss te, pay by the granter heroin of
{ the belanes owing on that certain lromissory vendorta lien note, datod rttobor IS, 1949, axe- '
cutad by the grantors, payable to the order of Denton Federal Savings and loam Association,
and more particularly described in a dead from C. B. part and vi[s,'Mareia Nara, to the gran-
tors, and which said note is additionally secured by deed of trust from the Rrsntors to X. L.
Ramey, fivstee, for the use and benefit of said Assoelatldn, and tho liens shall herma[ter
conatitute the first and only liens on the tract heretnarter described, have Granted, Sold
and Conveyed, and by these presents do Crant, jolt and Convey once the said David Mulkey of
the County of Denton, State or Texas,
All tbat certain lot, tract or parcel of land, lying and being; situated in, the County or
Denton, State of Taxis, and being a part of the J. Brock Survey, Abstract No. 57; sloo being
a part or a 2d.7d acre tract of Land as conveyed by Warranty teed, datsd Oct. 16, 1949, filed
for record October 19, 1969, from C. N. Fort Ord wife, ►arcta Hare, to L. A. Story and wife,
Farths0 as shown of record to vol. )74, pate 370 of the Died Records Of Jobten County, Tease,
87011:51)(0 at a stake is the VSL or mentioned 28.75 acre tract, north 89 degrease 50 ninutu
E emit, 637.5 feet from the NWC of sold tract, said NU being the sato NSrC or • 40 acre tract
y s„ mentioned In deed from W. d. Wright to R. J. $owJer, dated horeh 4, 19-li, and ahowat or re.
I E cord in vol. 86, page 272, or the Dead Records or Denton County, Texas;
THtbCS north, 89 degrees, SU minutes meat, 1663.5 feat, slang rends 1toe, and b8L or gild
tract, to a stoke on seat aide of a 50 ft. County road for NEC, said corner botny; the some
t
corner es described in deed dated iravember 21, 1904, from t. J. $order and wife, to 1:. L. Bari
and U. R. Barb, as recorded in vol. 91, page cut, of the Deed Records or Denton 'County, Toxasf
TitdNCS south 20 drrrees west, with the colt aids of a public road* sari bolos Barbee W9L
I
c I $)1.) fcee, to s stoke for SEC, seas being the PC at evntioned Barb tract;
ThUC6 south 89 de8• 43 minute Vast and !
i i , la ertng at $0.7 het, the HSC of David l:LSkoy
.t
tract, nut of the T. P. Jawnin6 durvey; continuing on said Course, and passing ab 767 toot, tl
J hW0 of the r. IN Dvoning Jurvey, Abstract )t6, and a re-entrant corner of the J. Brock Survey
Abstract L'o. 55, some being the V4C of a 21.2 sera tract of land, ns conveyed by deed doted 1
31 • I:orch 20, 1940, from W. it. Singleton to David yulkeys my recorded to vol. 260, page 4191 of
111
f the Deed Records of Denton County, Texas; continuing on mold eourse,ror a total distance or
1494.7 foot, a stake for u"WC; said corner being hose extreme INC of Javtd l:ulkey tract; said
l corner being the Mt of a small tract of land conveyed by David kulksy to Butler; THE11C6 north, O degrees, 48 minutes east, 501.6 teat, to
point of begtnnfng, eontsining in
I all, 15.01 acres of lend, as surveyed by Robert 0. iltilikso, State Llcansed Lsnd Surveyor, on
the ground, Nevenber 1952. 1
TO RAVi Ai+D TO HOLD the above described premicu, togothar with all and stegutar, tho righ +11
1
and appirtonaneas thereto In anywise belonrlnA unto the sold David hulkey, his holes and •tAigda
forever; end we do hereby bind ourvolvso, our heirs, execvtera and administrators, to Wront II !
end I'oreverDefend all and einguler ths'imld premises Vnto the void David Mulkey, his hairs and i
i '
ueigno, against every person whomsoever lawfully elsimtngor to clsi„ the some, or any*l.art
thereof.
Wlsnasa our hands at Denton, Taxes, thls 11th day or Navembor A. U. 1952. f
wk~
35.50 Fdd. her. Attach. and Cana hrs. Nartha Story
THE 5N. &T3 OP rBrx7 i
CCUNTf OF DLNTON 04FORe FE, the undersigned authority, a Notary Public, in and for van om ;
County, Texas, on this lay personally Appsard A. Story and Martha Story, his Vro, both
known to sae to be the parsons whose rames are subscribed to the foreroiq dnstrunant, and me.
knowledged to to tbat they each executed the same for the purposes and consideration thersla
exprvsaed, end the said »arths story wire or the said x. A. Story having been examined by me t
privily and apart from her husband, and havlAg the same fully explained to her, she, the said
Aartha Story ■c'enowledged such lastr"ent to be her act and deed, and she dealsrod that the , i
had willingly alined the same for the purposse end Consideration CMreln expressd, and that
ehe did not wish to retract it. i
loiven 4Mler my h+nd and seal or orrice, This 19th day of November, A. V. 19520
.
Jieveis S. Vnderaocd, kouFy Public,
lest Jeaton County, Texam .
r F1L3D FOR RECORD: Nov. 26th 1972 at 9145 A N ,
RUGRant Jan. Sth 195) et 11100 A 14
{
A. J. oareett, dlerk County Court
Denton County Texas
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HUDA J
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U.S. Department of Housing and Urban Development
CERTIFICATE OF OWNER'S ATTORNEY
1, the undersigned. the
duty authorized and acting leatl representative of
do hereby certify as
follows:
I have examined the attached contract($$ and Surety bonds and the manner
of execution thereof, and I am or the opinion that etch of the aforesaid
agreements has been duly executed by the prove:' parties thereto acting
through their duly authorized representativts; that said representatives
bays full power and authority to execute Said agreements on behalf of the
respective parties named thereon: and that the foregoing streepaents coneti-
tute valid and legally binding obligations upon the parties executing; the
same In accordance with terms, conditions and provisions thereat.
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CITY OF
MEMORANDUM
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T0: King Cole, Assistant City Manager
FROM: John Goldmann, Energy Conservation Coordinator
DATE: February 29, 1980
SUBJECT: Testing & Balancing Project and at
Following the suggestion of Mr. Duane Landry, Architect, a Request
the direction of the City Manager's Office, I prepared
and Adjusting (TBA) of the
for Proposals for Municipal Balancing Building.
HVAC system in the r
TWO eferences alconce concerning were returned. I have examined both and checked
responding to the proposal.
{ I am satisfied that the proposal from Delta T will meet our
requirements for this project. I have attached, for your
consideration and the approval of the City Manager, copies of
the bid documents.
i There are some points which should be detailed in the final
agreement.
i 1. The process should include testing, balancing, and
adjusting of the chilled water supply for the Municipal
Building. This is Inferred but not specified in the
proposal.
2. The RFP requires a schedule for each season,._ adjustment
j phase. It was my understanding_ that the normal process
for a project of this type would include a major work
phase and a subsequent adjustment for cooling or heating
~J operation, depending upon the season in which the major
phase takes place. Neither of the bids detail this
seasonal phase and it is necessary that it be included in
the final agreement.
114o6m-ann
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Attachment
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE(817)382.9601
REQUEST FOR A PROPOSAL.
The City of Denton is currently inviting proposals for the
purpose of testing and air balancing of the H.V.AC. system
located in the Municipal Building at 215 E. McKinney. St.,
Denton, Texas.
BACKGROUND:
The Municipal Building is a one-story masonry structure of
1 30,000 gross sq. ft. and was built in 1969. The heating of the
1 building is done by electric resistance heat installed in the
ducts, and cooling is via chilled water supplied by a central
plant. There are 9 air handling units in the building supplying
I approximately 26 zones controlled by 26 thermostats. The north
side of the building has an area of single glazed glass with
approximately 2400 square feet. This glass is kept warm and j
free of condensation by low wattage electric resistance 1
baseboard heat.
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The objective of this project is to maximize comfort year
round for the occupants, insure that all components of the
j present system are functioning properly and to identify possible
energy saving cost effective modifications to the system.
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SCOPE OF SERVICES.
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The project shall include a complete survey of the existing
H.VAC. system including the controls, dampers, heaters and
auxiliary cooling units; a recalculation of heating and cooling
loads; and adjusting and balancing of the system to return it to y
design conditions.
Timetable.
Proposals must be received in the Office of the Purchasing
Agent, Municipal Building, 215 E. McKinney St., Denton, Texas
DEPARTt-E,NT OF COMMUNITY DEVELOPMENT
Request for Proposal
Page Two
76201, no later than 2:00 P.M. January 18, 1980. Copies of the
plans and specifications of the existing system may be examined
at the Purchasing Office located in the Municipal Building.
Proposals:
Responses to the Request for Proposal must include the
following information:
1. Qualifications:
a. A statement of the firm's capabilities and
experience, specifically in similar projects.
b. Experience of the project supervisor. Individuals
to be assigned must be identified.
C. Current ' certification by an Air Blanes
Association, such as Texas Environmental Balancing
Bureau, Associated Air Balance Council, or any
j other recognized certifying agency in the Air
Balance field.
Schedule
f Detail a time schedule for the beginning and completion of
the entire project as well as a schedule for the start %%4A
completion date of each seasonal phase of the project.
List products to be received by the City of Denton, G
services, reports, etc.
Cost Proposals:
Itemize costs for elements of the total contract.
Payments based on progress.
Standard Performance Bond required.
Successful bidders must enter into a•contract acceptaple to
both parties within 15 days of the bid award. i
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:+F`si:sr ?1 s1s•sr~ ct+~s~+t ttv~e~Z~i~ i~I~
ft) t set. cf rle lire 9ravirwi will alsa t* wo-4 -%Adtk *ill sirvC
0* AOct system arJ rrca lay~..ut as l+rrcyRtl,+r 0041101.
(b) Chat area will be recalcvlated for M ir"fiYcnti NN%t4 iyt
j 1 prtwit usage and actual rv1cn square f,.vtaJ* r~arx4% kNrJO1nd!
l , design conditions.
1, Each air distribution system will be adjusted to ptovih ax Gli`st to
~J
the cAlculated CFM as is possible with the existing air unit 01m
1114 motors.
(a) We would make recommendations for any modifications which w~,tfld
increase the efficiency cad/or capacity of the iysttin,
(b) if drive packages are required to properly balence (ha Mystain«,
we would calculate the sheave sixes needed and install them Arlor
purchase by the city. if dampers are needed, we would 1ndiCA(p
s the required loc tions and the city could hire a local rontroclor
for their installation.
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DELTA_T
AIR CONDITIONING SYSTE31S ANALYSIS - TESTING AND BALANCING
January 14, 1980 pyX/
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Purchasing Agent
Municipal Building
215 E. McKinney Street
Denton, Texas 76201
RE: Test and Balance Proposal
for the Municipal Building
Denton, Texas
~I Gentlemen:
1
We propose to furnish all the labor, tools and instruments necessary to
1 accomplish the following services as described below:
1. Survey the existing HVAC systems to determine the present usage and
physical layout of each system.
(a) A set of one line drawings will also be made which will show
the duct systems and room layout as presently, installed.
(b) Each area will be recalculated for CFM requirements based on
present usage and actual room square footage versus original
design conditions.
{
2, Each air distribution system will be adjusted to provide as close to
the calculated CFM as is possible with the existing
air uni
and motors. t drives
(a) We would make recommendations for any modifications which would
increase the efficiency and/or capacity of the system. '
(b) If drive packages are required to properly balance the systems,
we would calculate the sheave sizes needed and install them after
! purchase by the city. If dampers are needed, we would indicate j
3 the required locations and the city could hire a local contractor
i for their installation. $
a
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s Continued
II550 PLANO ROAD RITE 104 DALLAS, TEXAS 75243 414-348.7430 i
{
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Purchasing Agent - Municipal Bldg. Test and Balance Proposal
Denton, Texas -2- Municipal Building
3. We will check each control system for proper operation and adjust
any items that are out of calibration.
(a) Any controls that are inoperable will be listed and the city
can hire a local contractor to purchase and install them.. We
would check and adjust the controls after the contractor in-
stalled them on each system.
(b) We ..ill make recommendations for any additional controls that
j can be used to make the system operate more efficiently.
4. We will furnish a complete report after the completion of our ser-
vices which will include the following:
(a) Reduced set of plans indicating the duct systems and the areas
F that each system serves.
(b) Listing of each air distribution device and its final balanced
CFM.
(c) Actual information on each air unit listing the horsepower,
static, CFMs motor data and drive information.
(d) List of operating procedures for maximum energy savings and i
tenant comfort considerations.
(e) List of recommendations for any additional modifications that
can be made to increase the energy efficiency or tenant com.
fort.
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A project of this type is normally done by us on a per diem basis.after.
a survey is accomplished to establish a budget figure.
In this case, we realize that you have to have a set figure for bid pur-
poses. Due to the many variables involved in a project like this, the
only thing that we can do is figure the worst case type of time factors for
each item. However, we would still like to work with you on a per diem
i
Continued
1
Purchasing Agent - Municipal Bldg. Test and Balance Proposal 1
Denton, Texas -3- Municipal Building
1
basis and use the set bid figure as a cost not to exceed type of number.
In other words, we would work for a certain amount per day until the items
as described above and in your proposal request are completed. If the
time element used to accomplish these tests and adjustments are less than
the worst case time factors used for the set bid, the savings would be
passed on to the city in that all you would pay would be for the actual
time expended in performing the tests which should be less than the set
bid figure. On the other hand, if the tests and adjustments take more time
than allowed for in our set bid price the most the city would owe would be
the set bid price and we would still complete the tests and adjustments as
described above and in your request for proposal.
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Our proposal is to work a crew of two men each day for a cost to you of
$600.00 per day with a total cost not to exceed $12,000.00.
If you have any questions on the above please call me.
Respectfully submitted,
DELTA-T, INC.
MICHAEL D. LOCKS,
Vice-President
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Planergy, Inc.
Office of the Purchasing Agent
City Hall
215 East McKinney Street
Denton, Texas 76201
Dear Sir or Madam:
PI.ANF.RGY, inc., appreciates receiving your recent request for Proposal to con-
duct testing and air balancing of the HYAC system at the Denton City Hall.
Regretfully, we cannot submit a proposal at this time due to staffing commit-
ments which would preclude our being able to perform the required services in
l a timely fashion.
Please retain our firm in your RFP files for any ot'.er energy management-
related work that you may be contemplating for the future. Thank you for your
interest.
Sincerely,
1 Wayne Brown
111 President
{ WB/bs
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cc: Mr. John Goldman
City of Denton
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IM planning and snarV group
901 W. Mang) W 4f Kmq Blvd
AusIn Texas 79701
5121677.901Q ~
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R'WIT.►i~ 1
DIVERSIFIED ENGINEERING SERVICES
LLLC~i P.O. BOX 7201 DALLAS. TEXAS 75209 TELEPHONE 12141 6317960
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January 15, 1980
Purchasing Agent
Municipal Building
215 E. McKinney Street
Denton, Texas 76201
Re: Proposal for Engineering Analysis and Testing & Balancing
H.V.A.C. system, Municipal Building, 215 E. McKinney Street
Gentlemen:
We propose to perform the subject professi,)nal services for the
sum of $8,900.00, itemized as follows:
A. Complete survey of existing H.V.A.C. system including controls,'
dampers and operating sequences, including heating and cooling
equipment. $1,850.00
We will submit a list of corrective items as part of survey.
B. Calculation of heating and cooling loads for each area being
served by the H.V.A.C. systems. Determing required air and
water flows to entire system to satisfy space conditions, y 1
$2.250.00
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C. Adjusting and balancing the air in the Municipal Building and
balancing the water in the central plant and the three
l connected buildings. R
D. Standard performance bond, if required for pro€essipnal
services, would add approximately $135.00.
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Qualifications:
a. Our firm has been in the performance analysis, including
testing and balancing for 19 years and have done over
1,000 projects in that time. I would estimate that we have ,
balanced 3 to 5,000 multizone units during this time.
b. The project supervisor would be Banks W. Clark, P.E. and f
other individuals involved would be one or more of the
following: Rex Lee, Jeff Clark, Toney Bartkus, Gene
Dickens,.Bob Lee or Sonny Grepn.
"Awl
Page 2
Proposal for Municipal Building, Denton, Texas
Qublificationa: (continued)
C. The engineering analysis will be certified by Banks W. Clark,
Professional Engineer, State of Texas Serial No. 14305.
We are enclosing herewith the following information to assist you
in your analysis of our ability to perform this works
1. A brief description of our company.
2. A resume of Banks W. Clark, P.E.
3. A tabulation of recent projects and clients.
{ Schedulet
We could start the survey within one week after notification to
proceed and complete project within two months from that date.
We would invoice you by phases or by total progress on the work
performed.
We do not propose to furnish any products or supplies in the
phases of work covered by your request for proposal. We will i
furnish instrumentation for the performance analysis and
testing and balancing.
We thank you for including us as a party to submit a proposal
E on this work and we request approval for us to perform your
professional ser',ices.
Respectfully submitted,
4sw44,7r/ c~~ ✓ , ttf.,aF .~}RE S"11
Banks W. Clark, P.E. r{f.... ` 1c
9AU"S 17. CLARX'"V
BWC/al ' rC 1430'~i Y '
{ Enclosures
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CITY'S AUIMRIZATION FOR PARTICIPATION
GE amL TELEPHONE Co. Fate Case filed 2/25/80 - PUc ¥3094
-X~ YES, our city wishes to participate with other cities in
a joint study of General Telephone's rate increase request.
9Je authorize the consultants and attorneys for such cities
to act on behalf of our city to obtain all information 4
necessary and pertinent to General Telephone's rate pm-
posal and to oor Act investigations, present evidence,
advise tnd represent our city with respejt to Docket No.
3094 pending before the Public Utilit; Commission.
l Enclosed find our check basuu or, a charge of IV per
f capita. (Checks should be made payable to T.M.L. GENERAIr
ffff TEIMM RATE CASE TRUST FUND.) It is understood t
a re may upon the participation
/of other cities.
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( El N0, our city does not wish *o participate at this time.
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SIGH:
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G. CHRIS HARTUNG
I j PO6TPICN: CITY MANAGRR
f( CITY OF: DENTON, TEXAS
E
SEND ALL CORRESPONDENM REGAPDING CASE TO: ;
a
NAME: C. J. TAYLOR, JR.
1 POSITION: CITY ATTORNEY.
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ADDRESS: 215 EAST MCKINNEY
- DENTON, TEXAS 76201 4
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(Please return this form to TML office, 1020 SoutImest Tower, Austin, Texas, 78701.)
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TEXAS MUNICIPAL LEAGUE
TML1020 Southwest Tower Austin, Texas 78701 (5U) 478.6601
February 270 1960 1
PD; CITIES SERVED BY CU*IiAL TELEPHONE CO.
SUBJECT: GENERAL TELEPHONE RATE CASE
on February 251 1980, General Telephone filed its application for a $58 million
per annum rate increase. Such application proposes 10 separate rate bands based
on exchange size with uniform rates for each exchange within the band. Proposed
one-party residential rates range from $9,21 to $14.32 per month. Proposed one-
party business rates range from $21.37 per month to $46.03 per imnth. In most
exchanges these rates represent very substantial increases.
On Friday, February 22, representatives of several cities met in Irving to discuss
what collective action, if any, should be taken by cities in connection with the
above rate request. The unanimous opinion of all concerned was that cities should
present a consolidated case before the PUC.
To coordinate the cities efforts the following persons were named to a Steering
Co ittee of the cities:
Don J. Rorschach, City Attorney, Irving, Chairman
J. M. Attaway, Mayor, Aransas Pass
Charles G. Clack, Mayor, Garland
W. D. Tate, Mayor, Grapyvine
Ralph Blodgett, Mayor, Sps&+sren
Ricky Smith, City Attorne1, Iamesa
Charles Y, Bluntzer,'City Attorney, Bryan
C. J. Taylor, City Attorney, Denton
Greg Hurbach, City Attorney, Sherman
James E. Dover, City Manager, Sonora
Harley W. Hatch, Mayor, Wellington
The abovs listed committee mmtA--rs may designate alternatives from their res-
J pective cities.
The Steering Ommittee subsequently decided to hire the firm of Touche Ross 6 Co.,
and if necessary for engineering matters, ttMorries 6 Associates, to work as the
cities' rate consultants. Don Butler of Austin will act as lead counsel in this
effort and will be assisted by Dan Rorschach, City Attorney o)f Irving and Pete
Eckert, City Attorney of Garland.
In or&.r to pat-gent an effective case, it will be necessary to have the financial
support of all cities served by General Telephone. It is the request of the Steering
Camittee that each such city pay 15¢ per capita (based on latest population figures
shown in the 24L Directory) to defray the cost of the case. Any excess collections
will be refunded upon the final determination of the case.
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t+E T rn4~r r~ ;nr►'F".7At-a j2 t~v avem tam t Zt *-A%k''t .111a111 its
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if `,E]!,'Q =a !w CW0. a**" 3* wt ~ *"tato w %xr**`IC
Dm BPAT at SUAT*-W4.
a'7wls:a d Is an A=1crisa„im f= )vt= city's pwui iep~nt m La t?*cftl4., flaapa
rat-p Mt'h lox dndt ;wip&te to Mr-MML MEMW M6 CNM 'lK%T
as suaa as po"9" no tT~ eta city ceo L_e a art tE e" vjW tmn.
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CITY OF DENTON
MEMORANDUM
DATE OF MEETING: March 11, 1980
CITY COUNCIL AGENDA ITEM (USE EXACT WORDING AS ITEM IS TO BE PLACED ON AGENDA)
Consider a resolution of re-routing U.S. 77 between University Drive and Elm
Street.
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SUMMARY!
The State has requested rte-routing U.S. 77 north of University. Generally,
the Staff and the Traffic Safety Support Commission has recommended approval
by the 'ouncil since no new maintenance responsibilities. would be required
of the Lity of Denton.
FISCAL SUMMARY-
No appreciable extra charges to the City other than routine maintenance.
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ACTION REQUIRED!
The Council should approve a resolution submitted by the L4.,gai Department.
ALTERNATIYESs
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Leave routing as is with U.S. 77 routed the wrong way on Elm Street from
University to Sherman Drive.
STAFF RECOKKEENDATIONSs
The Staff would recommend approval of the resolution.
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EXHIBITS: I - Letter from State
II - Minutes from Traffic Safety Support Commission
III - Memo to,G,C. Hartung.
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Fafii~:E EN DiRfGTON
cnaaassicy ST,\IF I)EPARINIEIT ()F IIIG111SAYS a L DEarR"
5111 PUHIAC 'iRANSPORTATHII
nen~,+~~ ~irn~smn r,.~nmunw F. 0. Box 3067
)((1T? C GREEN
cHP.9l. Es f s~•.,ous Dallas, Texas, 75221
January 10, 1980
Honorable Bill Nash
Mayor, City of Denton
215 East McKinney Street
Denton, T% 76201
Dear Mayor Nash:
s
Attached are copies of the routing of U.S.77 and F.M,428 prior to changing
U.S.71 and F.M.428 to one-way between University Drive and Sherman Drive.
Also attached are copies of the proposed rerouting of these roads.
The "affic currently traveling north on U.S.77 is using Locust street to
U.S.380, F.M.428 between U.S.380 and Sherman Drive, and then Sherman Drive
s
between F.M.428 and southbound U.S.77 where the motorist then joins the
existing two-way traffic on U.S.77 north.
If you concur with this rerouting, please submit a City Resolution to
this effect in order for us to initiate a request to our Austin Otfice~
Yours very tr ly,
C Gl.v✓'
John G. Keller
j j Distric'. Engineer
~ Attachments
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980)
JAN 14 19$0 ~ A~~S"""ft~rycFi
CITY OF DENTON 7
MANAGER'S OFFICE
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MINUTES
CITIZENS TRAFFIC SAFETY SUPPORT COMMISSION
COUNCIL CHAMBERS, MUNICIPAL BUILDING
WEDNESDAY, FEBRUARY 13, 1980
1:15 P.M.
PRESENT: Chairman Bill Midgett, Joan Hartney, Ruth Frady, George
Terry, Buck Elliott, Robbie Robinson, Chuck Keener,
Traffic Safety Coordinator and secretary
ABSENT: Jim Wilson, John Hughes
1. Motion was made by Terry and seconded by Keener to APPROVE THE MINUTES
OF JANUARY B. 1980. Motion carried unanimously.
2. The Traffic Safety Coordinator spoke on the request of Mrs. Linda
Keblinger for no parking in the 1900 block of Chestnut between
Avenue D and Avenue E. Motion was made by Keener and seconded by
Terry for THE STAFF TO MAKE PRELIMINARY STUDY AND NOTIFY PROPERTY
OWNERS OF OUR INTENT TO REMOVE PARKING IN THE 1900 BLOCK OF CHEST-
NUT BETWEEN AVENUE D AND AVENUE E. Motion carried unanimously.
Terry requested t 24-hour traffic count.
3. The Traffic Safety Coordinator gave a report on the status of the
Railroad Crossing signal at Prairie and Bell,
4. The Traffic Safety Coordinator reported on no right turns at Sherman-
Bell and =J,iversity-Bell. Motion was made by Terry and seconded by
Frady to MOVE STOP BARS BACK AND PAINT STRIPES AT THE INTERSECTION OF ~
UNIVERSITY AND BELL. Motion was unanimous.
Motion was made by Terry and seconded by Hartney TO RESTRICT RIGRT
HAND TURN ON RED ON NORTH BOUND TRAFFIC ONLY, Al THE INTERSECTION
OF SHERMAN AND BELL. Motion carried unanimously.
5. Decal parking at North Texas State University was reviewed. At this
time Robbie Robinson left the Commission and answered questions as
the Police Chief of North Texas State University, No action was
taken.
6. Under new and pending business, the Highway 04partment asked the
Commission to consider re-routing 77 and 377. They proposed to
continue north on Locust to University to Sherman then west on
Sherman back to Elm.
They recommended thac 377 continue on Carroll foulevard all the
way to University and east out of town on University rather than
using Old Ft. North Drive and Locust as they do now,
Motion was made by Keener and seconded by Frady TO ACCEPT THE PRO-
POSAL OF THE HIGHWAY D1:PARTMENT FOR RE-ROUTING 77 AND 377. Motion
carried unanimously.
Meeting adjourned at 2:35.
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CITY OF DENTON
MEMORANDUM
TO: G. Chris Hartung
FROM: Rick Svehla
DATE: March 4, 1980
REi State request for changing the routing of U.S. 77 and U.S. 377
Attached is a letter from the Highway Department requesting that the
signing and designation for Highway 77 north of University be changed.
Basically, we concur the the Highway Department's sequence of events
which caused U.S. 77 to ba routed the wrong way on Elm Street after
Elm Street was changed to a one-way south bound movement. They are
proposing to change the routing of U.S. 77 so that it will continue
north on Locust Street, north on University to Sherman Drive and then
turn left on Sherman to Elm and then out of the City on Elm Street.
Back in 1978, the City adopted a new maintenance agreement in which
they agreed to maintain all of FM 428 (Sherman Drive) since it was
{ going to be repaved by the City. Therefore, the City already maintains
j this one block of Locust and Sherman Drive. The Staff foresees no
problems with either of these areas since the streets were designed
to facilitate heavy vehicles and in fact are already being used re-
gardless of the highway designation. We have reviewed this item with
the Traffic Safety Support Commission and they recommended that the
Council approve a resolution making this routing change.
The Traffic Safety Support Commission aslo reviewed re-routing U.S. 377
exclusively Carroll Boulevard from Ft. Worth Drive to University. The
Traffic Safety Support Commission has reviewed this item also, and
recommended that we ask for re-routing on U.S. 377. The Staff again
foresees no problems wila the re-routing since this street was desig-
nated for heavy vehicles. However, 1 inadvertently gave the Traffic
Safety Support Commission some mis-information on our maintenance
responsibilities. Currently the Highway Department maintains por-
tions of Elm and Locust Streets since they are designated as State
Highways. If U.S. 377 is re-routed to Carroll Boulevard, we do not.
{ gain any maintenance responsibilities since we already maintain
Carroll Boulevard. We r-ould lose the maintenance the State is now
doing on Elne Street. I did not give this information to the Traffic
a Safety Support Commission when they voted to recommend approval of
s re-routing U.S. 377. Since the Highway Department originally asked
only for the re-routing on U.S. 77, the Staff would recommend that
the Council nnly approve the change on U.S. 77 north of University.
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AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 1ITd
DAY Op MARCH, A, D. 1980.
R 110 L U T LO N
TranspMNIon hehas exas renistedDethat the of StreetayelgnlnPuband
designation fer U. S. iiehway 77 North of University Drive be
changed; and
proposallE A td reco mendscapp oval of ~theioroutin rchange; now,
therefore, 8 g
EE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS;
SECTION I.
' That the routing change as proposed by the Texas State
Department of Highways and Public Transportation be, and the
same is hereby approved, as follows:
i
` Highway 77 as it currently exists shall
Streetua tram University Drive ton Sherman
Drive, then turning left on Shorten Drive
to Elm Street, and proceedia on Ala Street
to the corporate Limits of the City of
Denton.
{
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That this Resolution shall take effect immediately after
Its passage and erproval.
i
PASSED AND APPROVED this the 11th day of March, A. D. 1980.
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i CITY OF HNTON, TEXAS
Arrest:
i
CITY~OF ENTON9 TEXAS
APPROVED AS TO-LEGAL FORM
C. J. TAYLOR JR. CITY ATTORNEY
CITY Of DERN, HXAS
j BY.
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CITY OF DENTON
MEMORANDUM
T0: Mayor & City Council Members
FROM: Bill Angelo, Administrative Assistant
f
DATE: March 7, 1980
SUBJECT: Agenda Item Y7 - Grant Amendment
It has become apparent that the Airport Overlay Project will be
completed at a price significantly under the budgeted amount.
it is possible that the total savings will be in the
neightorhood of $118,000. Most of this savings (80%) will be
i realized by the FAA with the remainder being saved by the City.
I As you know, the original project included overlay of the
Aircraft Parking Apron. This portion of the project was not
r funded by the FAA and thus, was deleted from the project. It is
highly possible that the funds saved on this project can be used
to overlay the parking apron as was originally planned. This
action will take a formal amendment to the Grant. In order to
amend the grant it is necessary for the Council to authorize the
f i staff to scbmit a grant amendment application.
This item is scheduled for the consideration of the Airport
Advisory Board on Monday, March 108 1980. We hope to have the
Airport Boards recommendation for you at the meeting Tuesday
night.
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9111 Angelo
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City of Denton
Memorandum
March 11, 1980
Identity:
Final plat of Solar Way Addition.
Summary:
The developer seeks to final plat the Solar Way Addition for Single
Family development on a 28.6 acre tract located outside the city limits.
Appropriate subdivision requirements have been met.
Recommendation: }
j The Planning and Zoning Cormissior. unanimously recommended approval
of the final plat of Solar Way Addition at their meeting of March 5,
I r 1980. f
j 4 The Planning, Engineering, and Utility r artments have each reviewed
the plat and recommended approval. s
Action Required: s`
The City Council shouli move to approve the final plat of Solar Way J
Addition.
I Exhibits:
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A) Memo
8) Map /
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SOLARWAY ADDITION
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