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03-25-1980
r +S AGENDA CITY OF DENTON CITY COUNCIL March 25, 1980 Regular Meeting of the City of Denton City Council Tuesday, March :5, 1980 at 700 P.M. in the Council Chambers of the Municipal Building. Broadcast live on XYTU Radio, 88.5 P.M. 1, Corgieider the minutes of the Special Called Meeting Of February 290 19801 Regular Meeting of March 4, 19801 and the Special Meeting of March 11, 1980. 2, Public Hearings E As Hold a public hearing to consider an ordinance establishing a historic zoning deeignation and creating a hie landmark commission, (The Planning and zonning commission recommends approval.) ' s B, 2-1439. This is the petition of Mr, Harold Uore requesting a change of zoning from single family (SF-7) to General Retail (GR) zoning classification at 915 Avenue D on a lot measuring 106 feet x 131 feet, (The Planning and zoning Commission recommends approval,) C, 5-1436. This is the petition of Mr, Jack Brawn and Mr. Neil Hill, general partner, Dun;an Properties Ltd, requesting annexation of a 6.53 acre tract, s The triangular shaped parcel begins approximately 700 feet southeast of the intersection of Colorado Boulevard and Loop 288. (The Planning and zoning Commission recommends approval,) 34 Co:isitar an appeax,ance by representatives of the Denton Softball Association requesting the C)ty18 permission to allow non-resident teams to plry in. the City Softball League. } 4, Consider a presentation by representatives of Alexander f Grant and Company relative to the annual financial report, f YJ~ RRRR 1 _..,.-~.wl ►r.,-..._..L.~...rr+.aw+tahraiwcsersawrraa..ww.w_..o............,........ i --'ku t City Council Agerda March 25, 1980 t Page Two 5. Ordinances: A. Consider adopting an ordinance amending Appendix B of the comprehensive zoning ordinance by creating a new Article 2eA entitled "Histori; Landmark Preservation", B. Consider adc,,ting an ordinance changing the toning on approximately 84.2 acres of land. Z-1435 George Hopkins. C. Consider adopting an ordinance creating a new section 24-1:1.2 of Chapter 24, Article V, entitled "A System for Police initiated Towing Services". i 1 D. Consider adopting an ordinance removing parking on certain portions of Ponder and Linden Streets between the hours of 8:00 A.M, and 4:00 P.M., Monday through Friday. (The Citizens Traffic Safety Support Commission Recommender approval.); E. Consider adopting an ordinance removing parking on certain portions of Crescent and Fulton Atreets either between the hours of 8:00 A.M. and 4:00 P.M„ Monday through Friday, o. at anytime. (The Citizens { ` Traffic Safety Support commission recommends approval.) @ F, Consider an ordinance prohibiting a right turn on red for north bound traffic on Bell Avenue at Sherman Drive. (The Citizens Traffic Safety Support Commission recommends approval,) 01 Consider an ordinance prohibiting parking on Chestnut otreet between Avenue E and Avenue o, (The CitizensN Traffic safety support Commission recommends approval,) H. Consider an ordinance amenftig the ordinance prohibiting the use of wood shingles on all structures to allow for an extent'on to the effective date. p 6. Resolution A. Consider approving a resolution authorizing thu Mayor to es< cute for and on behalf of the City of Denton three electrical power line c-ossing agreements with the Atchison, Topeka and Santa Y6 Railway Company, f M I I r I I City Council Agenda Marc!, 25, 1980 Pago Three Be Consider approving a reslution authorizing the Mayor to exprute for and on behalf of the City of Denton one electrical power line crossing agreement with Missouri Pacifin Railroad Company. C. Condider approvina a resolution amending a resolution passed and apY►oved September 18, 1979 designating The First State Bank of Denton as depository of City funds by amending subparagraph 1, 7, Consider disposition of excess City property at 517 E, Prairie Street. (The Planning and zoning Commission recommends the property for disposition,) Be Consider authorizing Councilman Stephen's trip to Washington, D. C. for the Congressional Hearings on Water Projects. I i 9. Consent Agenda i Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manger or his designee to implement each item in accordrace with the Staff recommendations. ' A. Bids/Purchase Orders i , 1. Purchase Order #42194 to Yarway Corp. in the f amount of $4,t!i1.30 for repair parts at Power Plant. 2. Purch-ise Order (42569 to Preister Supply Co. in the amo%.nt of $6#482.00 for Electric Sectionalizers, II 3, Purchase Order $42060 to Naylor Supply Co. in i the ar.ount of $3080,25 for Pumping Unit. 4, Did 4A747 Street lights 5. Did 18744 Demolition of Old Police Station Be Plats 1. Consider the final replat of Ruddoll Addition. (The Planning and zoning Commission recommends approval.) i 1 I )1 , • Ilri(I 9 1 } i city council Agenda March 75, 1980 Page Four 10. Executive Session A. Legal Matters B. Real Eetate C. PAisonnel D. Board Appointments 11. Consider Board Appointments 1 s 1 } i 1 i 1 y 3 I 1 i 0 i sy ~1 ~ isso4wYY1MM~'. rw+VMwa'!NAf[RY Mf'aAM. w~,+-:w.»-,..^,. j. c'. i t F .172 City Council February 29, 19go ' Special Called Emergency Meetint of the City Council of the City of Dcnten, Texas, Friday, Februaryy 29, 1980 at 11:00 coon in the Confer tact Room of tAa Municipal Euildicg. PRESENTi Mayor Nash, He or Pro Tom Stephens, Member Heetleyl City Manager Chris Hartung, Cieyy Attorney C. J. Tayylor, City - Planner John Lavretta and Clty Secretary Drooks Holt. 7 AISSNT: Council Members Stewart and Vela. ' i. The Council consid,:red instituting annexation roccediag O on a 311.9 acre tract owned by Texas Instruments (2•14co) Mayor Nash introduced as ordinance for the institution of annexation proceedings on s 31{.9 acre tract owned by Texas Instruments (2.1408). N ica 4vph by Stephens seconded by Hensley that proceedings r gn.of an o rdlaanea for annexation on a 311.0 Instrus,ants be epptovad, and to iostruct. the City aN AM trac sh the Ordinance. on rol.1 Call Vote Hensley "aye", tephOns sye and Nash 'laye . Motion carried, Heating adjourned ar 11:15 p.m. t : a MYOR CITY SEXWAXY`0~ I e s C r r M:wrow .o+.•~.• . ,.iJI,WJ.tl/1 ~YIyF4v+nwYSW..+n.rer,v..... Y I r city Council 973 March 4, 19x0 Regular Meeting of the Cityy Council of the City of Denton, Taxes, Tuesday, March A, :980 at 7100 Municipal Suildirg• p•m. in tho Council Chamber of the PRESENI': Mayor Nash, Mayor Pro Tom Stephens, Members Veit, Hensley and Stewart] City Manager Chris Hartung, City Attorney C. J. Taylor and City Secretary Brooks Holt. I Motion was made b Stewart, seconied Dy NentUy thatt the 8 of I CalledsMeeting ofgFebruaryt26, 1910 bluapproved19gMotiontcarried. t. PUBLIC HEARINGS: of Mr. Ceorse( Hopkinib(iepreeeatlngwa)sienty SOnMilleis~oije regnetting five aonint changes on a tract approximately 14.2 acres ,a site out of the J. McGowan Survey, Abstract No. 797 City and County of Denton, 351 andlenateolsthehSouthr5dpetsubdivision. LThe petitionortrequests M the following: ! (1) A change of tonin from Agricultural (A) to Central t Retail (GR) classification on approximately 13,6 y (2) A change of toning from Agricultural (A) to Two Family (2•F) clossification on an approximately 4.6 scre tract. I (3) PamilyyngRestrictedg(MY A)Aclassification on approx• ! lost& y 7.2 scres. O (4) A charge of toning from Agricultural (A~ to Single Pauly (SF-10) classification on approx nately 1 36.a acres. (S) A change of toning from ,Agricultural (A to Single g Family (SP-16) classification on approximately ! 22.3 actss. y 11 The Mayor opened the public bearing, ? Four spoke in favor of the petition and ten is opposition, The following remarks were made by citizens: t (1) Deny entry from the pptoFFosad A14geway Street until m 1 "the entire street is eonmetted through the Presbyterian property to Tess ley, 1 (2) Opposed bocause of traffic problems, such. (3) A beautiful residential section should be kept as C (4) This case has been before the Council A times. The Mayor closed the hearing, r City Planner John Lavratta briefed the Council stating tkat the planning sad toning Commission felt that the development proposal was compatible with the ComprahenSiva Plan and that the stalls Family, Nult! Family Restricted and Two Family tonic transition between the proposed retail use sadpexisting development. The P2"nil and Zoning Commission recommended that the City Council i approve sonint petition 2.1453. The vote was 4 to I The Plsaning { Commission felt that the tiignmer.t of the proposed Aidgews,, Drive 3 1 Gw emr~ Much 4, 1930 Continue3 was satisfactory and that it should be developed as proposed. Tne Henry S. !tiller Company volunteered to deed restrict the retail ; pportion of their development to prohibit the consumption of alcoholic beverages. Stewart-•"A 1`30' strip should be agreed to for Ridgeway Rd. As it would become an artery for traffic from Teasley Lane to I.35." Stephens--"I always considered I.35B as the line of demar- cation separating business and housing. Could wa approve a portion of the toning request?" Hopkins answered that this would be unfair to the petitioner. Council Member Vala left the podium and walked to the micro- phone. He requested that the Council take it's usual break, and asked all interested persons to meat with the Council Members in the Civil Defense room to discuss the toning issue at hand. The Council reconvened. Motion was made by Vela, seconded by Nash to tpprove the toning request with the stipulation that the proposed Street, Rid sway, not be opened until work is completed to Teasley; that single family tones be deed restricted plus a letter of intent to those uses that two rows of duplexes be built on the south portion of the MN tone; that proposed Ridgeway Street be 60' In width and that alcoholic j beverages could not be sold in the GR toning. Motion carried. S. The Council considered a status report on parking on the ` square. Assistant City Attorney Burt Solomons stated that he believes new ordinances would end years of nonenforcement of parking tickets. The new ordir.ance will make It easier to prosecute habitual violators. He added that the City could tow away a car, if the owner does not pay after three or more parking tickets. } Two business men on the square, John Shrader and Bill Keith stated that the problem was failure of constant enforcement. 4. ORDINANCES: i The following Ordinances were presentedi (A) ORDINANCE NO, 80.13 AN ORDINANCE A4END1NG IN ITS ENTIAETY SECTION 24.131 OF CHAPTER 24, ARTICLE V OF THE CITY OF DENTON CODE OF ORDINANCES AS AMENDED TO I i EE ENTITLED "IMP %'NOMENT OF VEHICLES" AND PROVIDING FOR THE AUTHORITY ; TO AE.40VS VEHIC;l13 TOWING AND STORAGE FEES, NOTICE OF REMOVAL AND 3 REDEMPtIONf PRCVIDING A SIVERAB1LITY CLAUSE; PROVIDING FOR A94AL OF { CONFLICTING ORDINANCES OR PARTS THEREOF; PROVIDING FOR PENALTIES; AND DECLARING AN EFFECTIVE DATE. f Motion was made by Stewart, seconded by Hensley that the Y Ordinance be passed. On roil call vote Vela "aye" Heasley "aye", Stewart Stephens "Aye" and Nash "aye". :iotlon carried. (B) ORDINANCE NO, SO-14 AN ORDINANCE AMENDING SECTION 24.131.1 OF CHAPTER 241 ARTICLE V OF THE CITY OF DENTON CODE OF ORDINANCES AS AMENDED, ENTITLED "D11POSITION OF IMPOUNDED PROPERTY" AND PROVIDING hk AUTHORITY TO SELL, METHOD ' OF SALE, TINA AND PLACE OF SALE, RECORDS, LIEN ON MOTOR VEHICLES; CLAIM BY OWNER PERHITTED, AND PURCHASE BY OPPICERS AND EMPLOYEES PRO- HIBITED; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOk REPEAL OF CONFLICTING ORDINANCES OR PARTS THEREOF; AND DECLARING AN EFFECTIVE DATE. N'tion was made b, ttewart, seconds' by Nosh that the Isdinanee be pL sod. On ro% vote Vain Hensley "Aye" Stewart "aye", Stephens "aye" a' :tih "aye". Motion carried. J Wb n. w.Y.r •...n._.»...w .u,.iirwnvMW.IN r,:e.. n+.r..~.. ~ 'P yy I I March 4, 1910 Continued (C) ORDINANCE NO, 10.15 AN ORDINANCE AMENDING SECTION 24.143 OF CHAPTER 24, ARTICLE V, OF THE CITY 07 DENTON CODE OF ORDINANCES, AS AMENDED, ENTITLED "PARKING IN METER ZONES" AND PROVIDING FOR THE DEPOSIT OF COINS, OVERTIME PARKING PARKING ADJACENT TO EXPIRED METERS, DEPOSITS TO EXTEND TIME, AND HOURi OF OPERATION; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES OR PARTS THEREOF; PROVIDING FOR PENALTIES; AND DECLARING AN EFFECTIVE DATE. t Motion was made by Nash, seconded by Hensley that the kL Ordinance be passed. On roll call vote Stewart "aye", Vela "aye", Hensley "aye", Stephens "aye" and Nash "aye". Motion carried, s I (D) ORDINANCE NO. 80.16 AN ORDINANCE AMENDING SECTION 24.149 OF CHAPTER 24 ARTICLE V OF THE CITY OF DENTON CODE OF ORDINANCES, AS AMENDED, ENTfTLBD "DUTY OF POLICE AS TO VEHICLES PARKED OVERTIME IN METER !ONES"I PROVIDING A SEVERABILITY j CLAUSA' PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES OR PARTS THEREOF; PROVIDING FOR PENALTIES; AND DECLARING AN EFFECTIVE DATA. M M Motion was sale by Nesh, seconded by Stephens that tht 41 Ordinance be passed. On roll call vote Vela "a a", Stewart "aye", I I Hensley "lye", Stephens "eye" and Nash "aye". Motlon carried. W ~ t a (0) ORDINANCE NO. 80.17• a , AN ORDINANCE AMENDING SECTION 24.144(b) OF CHAPTER .4, ARTICLE Y OF THE CITY OF DENTON CODE OF ORDINANCES; AS AMENDED ENTITLED "SUShNSION OF PARKING METER SPICES; FEES"I PROVIDING QOR A iiVERABILITY CLAUSSI PROVIDING A PENAL'EI'AYLTHEREPORI ANDND8CLUINOCAN EFFECCTIVETDATE, t Motion was made by Stewart, seconded by Hensley that the } Ordinance be passed. On roll call vote Hensley "eye", Vela "aye", Stewart "aye", Stephens "eye" and Nash "aye". Notion carried. (F) ORDINANCE NO. 80.19 1 AN I,tDINANCE REPEALING SECTION 24.150 OF CHAPTER 241 ARTICLE V OF E THE CITY OF DENTON CODE OF ORDINANCES AS AMENDED, ENTITLED "PAYMSN7 A OF FINES ON DATE OF VIOLATIONS" PROVIDINO FOR SEYERABILITYii P'LOVIDINO FOR REPEAL OF CONFLICTING ORDINANCES OR PARTS THEREOF; AND DECLARING AN EFFECTIVE DATE. I~ Motion was made by Stephens, seconded by Hensley that I the Ordinance be passed. On roll tali vote Vela "aye", Stewart "aye", k Hensley "aye", Stephens 'loyal' and Nash "aye". Motion carried. k E (G) ORDINANCE NO. 10.19 AN ORDINANCE AMENDING APPENDIX A CHAPTE RTHIRTEEN, PART I ARTICLE E I 13.07(8 OF THE CITY Of DENTON CEDE OF ORDINANCES, AS AME1.'~ED ENTITLE "UNIMPROVED STREETS ADJOINING SUBDIVISIONS" BY PROVIDING i FOR A DEFINITION OF UXIWAOVED STREETS AND GUIDELIN{S Vol IMPROVEMENT s AND PAYMENT OF SUCH STREETS, PROVIDING FOR Tiffi REPEAL OF ALL ORDI.4- ANCBS OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR A SIV8RABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Notion was mad• by Hensley, seconded by Vela that the Ordinance be passed, On roll call vote Stewart "sYYe", Vels"aye", Hensley "lya", Stephens "aye" and Nash "ney". Hot San Carried 4 to 1. (H) ORDINANCE NO. I3•20 AN ORDINANCE AMENDING SECTION 1704 OF THE 1916 UNIFORM BUILDING CODE ~1t°y ADOPTED BY CECT'h" x•14 OF THE CODA OF ORDINANCE! Tr' TY OF DENTON, T21%S, e1 AAENDINO SECTION 1704 TO PROVIDE TnA %LL ROOF ,4h . a a .iy. ..r .i.. ur.. . .AI. a'.. • ix. i.'0..: s. \'i -..x .ate r x..~ r~0.~y,tfa t taws .aaar~ March 6, 1980 Continued COVERINGS SHALL BE FIRE•RETARDANI: PROVIDING FOR EXCEPTIONS OF TREAT- ED WOOD SHINGLES AND SHALES FACTORY IMPREGNATED WITH CHEMICALS SO AS TO RENDER THEN FIRE RET MANT FOR USE ON SINGLE FAMILY DWELLINGS OF TYPE V•N CONSTRUCTION ONLYI AND PROVIDING FCR AN EFFECTIVE DATE. Motion was made by Nash, seconded by Hensley that the provision.beOnaroll,call Yet* StewarteabstainedyHensley "a Vela nay", Stephens "aye" and Nash "aye". Motion carried S to i cot xIth Stewart abstaining. S. RESOLUTIONS: 0 (A) The following Resolution authorizing publications of Notice of Intention to issue Certificates of Obligation of the City of Denton for a Library building was presented: RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTO_ N,__TEXAS, FOR EXPANSION OP THE LIBRARY THE STATE M TEXAS ' j COUNTY OF DENTON; CITY OF DENTON WHEREAS, it is 4#aed neceasarf and advisable that Notice of Intentlon to Issue Certificates of Obligation be given as hereinafter provide,. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL Of THE CITY OF DENTONt F SECTION 1, That attached hereto is a forr4 of "NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF TltE CITY OF DENTON, TEXAS, FOR EXPANSION OF THE LIBRARY", the form and substance of which are hereby odopted and approved. SECTION Z, That the City Secretary shall cause said NOTICE, in substantially the fora attached hereto, to be published once a week t for two consomi.s weeks in a newsy spot of general.-circulation In the City', the data of the first publication to be at least fourteen (14 days prior to the date tentatively set for the ppasstra of-the t Ordinance authoriziag the iasuanee of such Certificatas o! Obligation. Motion was Made by Stewart, seconded by Vela that the t' j Resolution be passed, Lh 1613 call vote Heasley "sys", Vela "aye", Stwart "eye", Sesphena ayo and Nash "aye", Motioa carried, 6• s The Council considered diAussloe on the membership of City Boards. t I Yela••"I would like to remind you of the reason we haw City Boards, We are dedicated to participatory democracy. Boards are cremated for cititeas to serve and help in forming policy. I 1 would like a chan``e in appointing Boards, such as advertising of a 1. vaeaaey, He sdded, "I recoumond that the Council give thought to implementing the procedure I hive deseribod i 9 The Council considered an ipyliestion for author imica. tad approval of a non-profit Industrial Deyelopment Corporation. J } r E. V. Scott of Scott Instruments Corporation briefed the j Council. He paid that the future locked bri ht for his Corporation. He also stated that in 1911 an 11 million do It: growth is expected. Twenty to twenty-five people vili be employed. ~ Frank Neda•.1,,. of The First Solthwest Company advised that 1 dir16sor1 Lust be spp,.:rtod and must pply for a Chatter. t Rattan was tide by Vela me oozed by Hensley to approve & " Makin; tpyyiication or authorization 6ei. approval of a non-profit { Indus al Developr „ Corporation, Mot',n carried. h x P . ~P March 4, 1980 Continued iii a. The Council considered the following Resolution authorizing and approving the creation of a non•yrofit Industrial Development Corporation to act in behalf of the City of Denton: RESOLUTION AUTHORIZING AND APPROVING THE CREATION OF A NONPROFIT INDUSTRIAL DEVELOPMENT CORPORATION TO ACT ON BEHALF OF THE CITY OF DENTON, TEXAS 1P11EREAS an a placation in writing requesting the authorisation and opprovsi of the creation of a nonprofit industrial development corp. oration to act on behalf of the City of Denton, Texas under the pro. visions of the "Development Corporation Act of 1979" Ali been filed L with the governing body of the City of Denton, Texas ("Ing its City Council) by at :east three natural ppersons, aaCA of who Is at least It years of age, and each of whom 1s a qualified elector of the City of Den•.on, Texas; and i NREREAS, the City of Deaton, Texas, is a duly incorporated Home Rule City having more than 5000 inhabitants operating an existing under the 4onstitution and laws of the State of Texas and the duly adopted M Home Rule Charter of said City, V) THEREFORE, g£ IT RE30LVID SY THS CITY COUNCIL OF THE CITY OF DENTON: (iJ Section 1, that, the goveratn body of the City of Denton, Texas, Q has found and determined, and Reroby finds And daterminss, that said f Q a plication is in proper form and t1: at it has been signed by at least three natural persons, each of whom is at least 18 ysets of age, and A oath of whom is a quaified elector of the City of Denton, Texas. Section 2. That, the goverain! body of the City of Denton, Texas is advisabledtha ea nonprofit Industrialddevelopmentmcorporation it authorised and created, with such nonprofit industrial development ; corporation to be known as "City of Denton, Industrial Development C Authority". j lJ Section 7. Thai, the governing body of the City ri Denton, Texas, g hereby approves the Articles Of Incorporation an* the bylaws proposed to be used in organizing the nonprofit industrial develoyymmeat corpor- ation (copies of which were attached to the above•deseribed applieat•' Leo gnu copies of which are attached to this Resolution and made a put hereof for all purpose and bereby grants authority for the iatorporation of the nonprofit industrial development corporation, and the initial directors named in said Articles of Incorporation . shall be deemed to have been appointed and are hereby appointed, as the initial directors by the governing body of the city of Deaton, Texas. Section 4. Shat the public purposes of the City of Denton texas, which the nonprofit Industrial development corporation ■ay further a on behalf of the City of Denton Texas, are the profotion and devel• opment of commercial, lndustrisi, and manufacturln` elterprises to promote ad encourage employment and the public we are. Section 5. That the nonprofit industrial development corporation is hereby authorized to a roe with any person, firm, corporation or other entity to issue bons, is seeor.ante with and subject to t{~a provisions of the Development Corporation Act of 1979, not to exceed $10,000,000 in principal now for any one prejact, unless s greater primclyal count specifically Is approved by resolution of the govern- ping body of the City of Denson, Teau , for the purpose of the promot• 4 Lam and develoent of nay commercial, industrial, or manufacturing enterprise, tar all such agreements are hereby approved. yy Notion was made by Vela seconded by Hensley that the Resolution be passed. On roll tail vote Stewart "aye', Vela "aye", Heasley "aye", Stephens "aye" and Nub "aye". Notion Carried, ppt r~ ~ r. . l I` f 37S March 4, 1960 Continued 9. The Council considered disposition of approximately l/l acre of pproperty owned by the Water Department which is located west of Willow Springs Drive along the TP 1 L easement. City Planner John Lavretta stated that there would be sae maintenance costs associated with retention of this parcel. If the reveaueyfrom theosale of additional 0tax revenueowould accrue some the City if this parcel is returned to private ownership. The Planning and ionic. Commission as well as the Uttlit; board recommend the property for disposition. The Planning, Engineering mad Utility Dapartments have reviewed the request and recommended the property for disposition, The develoNment potential of the site is a moot question in that the property has no street access. i Motion was made by Stewart, seconded by Vela to dispose of the property. Motion carried. After discussion, motion was made by Stewart, seconded by cull`sat the property is not independently developable. Motion ~ f 10. The Council coasiderad final payment to Denton Mall Corport.. etion for participation in the 30 inch waterline along Loop 281 near the Golden Triangle Mall. I g Utilities Director Bob Nelson stated that on November 10, { 1971 'the City of Denton entered into a Participation A regiment with the dent oa Mall corporation for the installation of a 511, . water i line alone Loop 218 near the Golden Triangle Mali. This line is complete and has been accepted by the City. invoice for final payment his been submitted b Denton Mall Corporstiea and final paym<at is in I + order. The Public Utilities board at their February 20 1910, moot- Inc recommended final payment in the amount of 1470166.5. 1 Motiot was made by Stewart, seconded by Vela to approve final payment to Denton Mall Corporation in the amount of 547,166,41 for participation in the 30" waterline along Loop 211 as recommended by the Utilities board. Notion ct.ried. The Council considered awarding bids on Public Officials i and Utility Reployee Liability Insurance. 1 Utilities Director Bob Nelson stated that approximately I { one year ago, the City yurchaesd Public Officials Liabiliey,Inst!ranee . } from Unimark McDoonald Company, but this company excludes coverage of c the officials and aployees of the Municipal Utilities Department. The - i City recantly received a quotation from Cravens, Dorgan and Company 1 i for Liability Insurance Coverage for officials and employees involved with Municipal Utilities. Only one quotation was received for such 11 a insurance. The Coverage and annual premiums are as fellowst a Coverage langal Premiums s 1,000,000 14,551.75 j 2,000,0006,132,34 5,000,000 17,958.29 ~ The Public Utilities board, at their mastic. t on February 200 1980, F recommended sppproval of the bid of Craven, Dsrgaa and Company for the purchase of 11,000,000 of coverage at the quoted price of f4,5S3.7S annually. Notion was made by Stephens, seconded by Nash to spprove the low bid of Craven, Dorgan and Company for ppurchase of 1!.,000,000 of coverage at quoted price of 140541.75 aaaually. Notion carried. A Spa' _ ...~....ww«.ti«.,......rr;,✓W'R..i{tN.1AW:VYA+I VMw:r. Mesw..... .~-....w.,q March 4, 1980 Continued a7~ 17. The Council considered a status report on the THPA Board M'rcing. Council Member Vela reported that TP.PA planned to btild its ovn headquarters, and that we own 27 years of operation with lignite fuel. Mayor Nash made the following report: (A) The Board discu led use of electricity for power E( to run conveyor belt to move lignite to power plant. f J (E) TNPA will have to move out of present building soon. l (C) TMPA might need a second unit by 1990. 13. The Council considered appointments to the Study Committal on Control of Radioactive Nate? all. i Notion was made by Volt, seconded by Nash to direct the City Manager to advise citizens to contact the Mana rr's office if (t7 they desire to serve on a study committee on control of radioactive PV) materials. Notion carried. y W 14. CONSENT AGENDA: C Q Notion was made by Vela, seconded by Stephens to approve the following Consent Agenda. Notion carried, k i (A) BIDS/PURCHASE ORDERS (1~ Purchase Order 140886 to ENCO for repair of Packer t bodies approved m the amount of $11,900. F I n 2) Purchase Order 142530 to Millard Heath 1 Company, L Is:, to raeond tian the Worthington ISO ton compressor approved in tha ::.oust of $10,467. (3) Bid 11735, meters, current transformers and mater f sockets awarded as follower I (a) Electric motors to WECO at a total of 1147,304.1S p b Currant Transformers to WESCO at a total of $16,979.80 ( (c) Metes Sockets to Poleline Electric Supply Inc. awardedtto Prioster Supp1yACompany supplier (4) Bid 11736, ca ocitors awarded to the.low bidder, "Temple, Inc., at a total 'aid of 17,100, I01 Denton. - 1 J (S) rid 11743, cosmereial aid.-loading containers refuse body, awarded to Ebolng Manufacturing Company (EMCO) at a I total bid 0f $330000, Vol Denton, l J (6) Bid 18750 reduction of industrial site package, ~~~JJJ awarded to Hart Oraphier of Austin, Texrs at of bid of SipA$. f (B) REFUND OF OVERPAYMENT OF TAXES Refrnd for over aymeat of taxes approved to Dea•Tex, Inc.-• LJ AMi, Inc, !n the amount of d70290.62. P 15. The Council recessed into Locutivs Session at 11:46 pp.m. to discuss legal mA;ters, rail estate, personnel and board appointments. s 16. The Council reconvened into public session at 12114 a.a. to announce that no action was to be talon. 4 r 1 t I I 4 R. 1 3~f1 Nereh 1, 1964 Continued i { meeting adjourned at 12:16 I i i i a s i CITY SECRETXXT i ~ f ti i ~ y.l. 4 I ! II f 4 b 0 E~ r c r ,I I ~t } 1 • ■ City Council March 11, 1960 Special Called Meeting of the City Council of the City of Denton, Texas, Tuesday, March 11, 1910 at 7:00 p.m. In the Council Chamber of the Municipal Building. PRESENT] Mayor Nash, Mayor Pro Tom Stephens, Members Vela, !tewart and Hensley; City Managper Chris Hartung, City Attorney C. J. Taylor and City Sacrstory Brooks Holt. 1. The Council corsidered extending the lease agreement with - J 6 H Aviation for a 6 month period as recommended by the Airport i Advisory Boo%d. The Airport Manager requested that the contract with J 1 N Aviation be extended for another 6 months, that they proposed teasing Area "F". He stated that operation would consist of a flight school, aircraft rental service, hangar rentals and fuel sales. motion xes made by Yela, seconded byy Stewart to approve an extension of the lease agreement with J g M Aviation. Notion carried. 2. The Council Considered authorising the City Mena or to submit an application for an amendment to the Airport Overlay Grunt W to provide !or in overlay of the Airport Parking Apron. Q Administrative Aid Bill Angelo advised that the airport Q willlbe S11 exto will IIcase in AS,000. under It Is budget. possible ~ those estimated savings can be used to overlay ay the airport parking apron with two inches of asphalt, it is recommended by the staff to submit in application to FAA for an amendment to the overlay grant. The Airport board approved. Stewart--"tilill 2 in:hes of stabilited asphalt be smoughl" Airport Manager Tommy Jones-•"I believe 2 inches can handle any corporate jet." Stewart--"I believe it should go deepor in some parts." Vela--,'I as concerned whether this money can pay for increase of the apron area." I I Tommy Jones-•"wa are concerned too, but under guidelines e of TAA we can t put money in new areas. Sav.ngs could net build `i additional ramp0." Notion vat made by Stewart, seconded by Vela to approve y submission of as ayplication for a `rant asendment and to accept g the Grant amendmen! from t4 PAA. Motion carried, The Council considered payment of wing costs for streets f abuttint City property in North University Pylace. City Attorney Tsyl.r said, "I met with Jim white who was City Manager at the time of tie purchase of the North Lakes Park property and he advises that it was the intent of all parties that adjoining property owners, including the'Citys would be responsible for the ppaving of atraets abutting their roperty, The Denton Indspen- dent School District had attend to pay t9o paving east on fowling Grain Street at the time of the construction of a school. It was r Hr. White's recollection that the City of Dentt, paid Down Conitr- uction these costs as a pa•t of the overall transaction. we find In the files of the city of Denton the closing statements on the purchase of the property with the following notation on one of the ; statements." 'sue Down Development Cot any by Denton Independent Scheel District Assumed S1S,961.00 paid direct to H, W. Down Development Company, Inc." } f J 14 i r~~ . _ _ .-...f wi... irH.f .y .,~.Yw"r..M. mms:n a . .......a p.,. y. + Yi' r '+.M1•~ h WWI L i ~p11 March 11, 1910 Continued "I recommend that the City Council authorize the City Manager to pay to Barworth Corporation (Sormerly H. W. Down Development Company) the cost of paving streets rbuttiag City property in North Univer- sity Place, Section V." Motion was made by Stewart, seconded by Stephens to authorize the City Manager to pay to Sarworth Corporation the cost of paving streets abuttial City property in North University Place, Section V, motion carried. 4. The Council considered a contract with J. A. 8tnsley, CRA, to perform an Independent appraisal on a tract of land located on the northwest corner of Paisley and Audra Streets. City Planner John Lavrstta advised that the Hinsley firm was contacted by the Community Development Depat Gent because of the firm's professional qualifications its availability, and its experience with federally funded appfilial requirements. Upon approvai of the Contract, the appraiser will have no more than sixty (6D) days to perform the appraisal. Upon submission, the Community Development Department will review the a praisal and report back to the City Council with a recommendation for Istabli- shmont of Just Compensation. J. A, Hinsiey would be paid the lump sum of 1100.00 for the appraisal report, If the appraisal is contested by the land 3wner, the appraiser would be ~aIA $50.00 an hour for legal proceedings, preparation time and $600.00 for an , eight (1) hour day of tourt time, s Motion was made by Stephens, seconded by Vela to approve the contract and to authorize the City Manager to sign stole. Motion carried. h Lag acd adjustingnoflthenHYAtrSystem innltthe Municipalsbuilliallane- Energy Coordinator John Goldman eve the following reports "Following the suggestion of Mr. Duane LaaSty, Architect and at the direction emd the request of the City Manager's Office, I prepared a Request for Proposals for Testing, Balancing and Adjust- ng (TBA) of the HVAC System In the Municioal Building. Two t proposals ware returned. I have examined both and checked p refereaces concerning the work performed by the companies respond- int to the proposal. I am satisfied that the proposal from Delta T will meat our requirements for this project. I have attached, for your consideration and the approval of the City Manager, copies of the bid documents." Motion via wade by Stephens seconded by Vela to approve the proposal of Delta T. Motion Carried. i 6. The Council considered authoritial the City Manager to execute the City of Denton's Authoritation for Participation in Genarel Telephone Cowpaar rate case No. PUC3094 and authorizing the City Manager to pa Into TML-Cenersl Telephone Rate Case Trust i ; Fund i` `eposit of 17,010 to cover attorney's fees and professional City Attorneyl~ Taylor briefed the Council, advising that 9 on February 21, 1910, Cemoral Telephone filed its application for a $11 million per annum rate inere as e. Such a plleation proposes 10 separate rate bands based on exchange sits with uniform rates for, i each exchange within the bank. Proposad one-party residential rates ratio from $0.21 to 114.32 per month. Proposed ans•party business 'V rata range from 111.51 per month to 146,03 per month. In most exchange those rates represent very substantial Increases. On s Friday, February 22 representativss of several cities met in Irving souse what collective action, it any, should be talon by to di ,A cities in connection with the above sate request. The unanimous ;l opinion of all concerned was that cities should present a consolidated a case before the PUC, with each city psying It to is1 per capita, e s based on the latest population figures. a } R A" March 11. 1980 Continued g 3 MS. Joan Dean, General Telephone's Division Manages, smpanyold, "the request represents an increase from 71 to III in the co's rate of return. The lu t rate increase was in .1975." City Manager Hartung advised that fair evaluation of the equipment, replacement costs and number of areas to be evaluated is what Texts cities want. the City Manager tosexecuteytheeCityyt'ofeDenton'syAuthorization fore participation in General Telephone Company rata case No. PVC5094 r and to authorize the City Manager to ppay into TNL•General Telephone Rate Cate Trust Fund a deposit of !7,020 to cover attorney's fees and professional services. Motion carried. s 7• The Council considered the following Resolution redesig• noting Highway U.S. 77 aspp requested by the State Department of StaffaandaTr fic Safetys5 pportoCommittee recommendvapprovalj•Lhe TETXASSPHELD IN THHEINMUNICIPALCBUILDING OOF SAID CITY ON THE 11TH~DAY OF MAkCH, A.D. 1980. Q RESOLUTION WHEREAS, the Texas State Department of HIS1hways and Public Trans- Oct ortatioa has requested that the street si{alnt and designation iar U.S. Highway 77 North of University Drive bm changodi and MHDAEAS, the Traffic Safety Commission has rovieved this proposal and recouends approval of the routing changes now, therefore, EE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTONs TEXAS: SECTION L That the routing change as proposed by the Texas State Department of HLjhd yisand Public Transportation be, mad the same is hereby ' Highway 77 as it currwly exists shall continue to be routed north on Locust Street from University Drive to Sherman Drive, then turning left on Sherman i Drive to Elm Strait; a procesdintt on Elm Street to the corporate limits of the City of Denton. :y SECTION 11, } That this Resolution shall take offset immediately after its passage } and approval. Y PASSED AND APPROVED this the 11th day of March, A. D. 1980. /el ILL N ATTEST, CITY OF D~NTONO TEXAS 4f r CITY OP DENTON, TEXAS APPROVED AS TO LEGAL FORM ` C. J. TAYLOR JR. CITY ATTORNEY t I CITY OF DENTdN, TEXAS I BY:_[s_ / zRk Motion was made by Voia seconded by Stephens that the Resolution be passed. On roll ca 1 vote Hensler "aye" Stewart "Aye "t Vela aye , Stephens "aye" and Nash 'lays, Motion carried. . c March 11, 1480 Continued 8• CONSENT AGENDA: ' Haenygorine Nashngriabstained from voting on the Consent Agenda because of r eock, i the ConsentoA~enda be made by Stexert seconded by Stephens that Nash abstaining, PProved as fo~lovs, Notion carried with I' (A) PLATS: approved. (1) The final plat of the Solar Nay Addition was J g, The Council recessed into Executive Session at 8:15 to discuss legal matters, real estate, personnel and board appoimt• 10, the Council reconvened into public session at g:25 Notion was made by Stephens, seconded b at Ralph Slater be appointed to the Civil Service Sormissioe tNation carried. 1 Heetins adjourned at g:1a p.m, y Z i e e A _.•a'-•^~nIYnTM AY.irYw'f.MMilh~{MY~tWR'FFMnw.v: ann m.........._ 1 1 P:~ y, R• 4 t ~ City of Denton ! Memorandum March 25, 1980 k nda Item: Hold a public hearing to consider an ordinance establishing a historic zoning designation and creating a historic landmark commission. Summary: This item has been under discussion for over a year. Before this item was placed on the Planning Commission agenda a meeting was held on February 13, 1980 for the purpose of reviewing the proposed ordinance. Two represantatlves of the Planning Commission and a representative of the Denton County Historical Society, along with affected staff members participates in the review. Some modifications in the original ordinance were made at this meeting, including a reduction in the number of persons to serve on the historic landmark commission and the number r of members constituting a quorum. Alternatives: A. Approve the ordinance as presented. B. Deny the ordinanc3 as presented. a Recommendation: tt, I The Planning snd Zoning Commission unanimously recommends approval. { C Action Reauired: The City Council could move to approve or deny the ordinance. Exhibits: A. Ordinance it F I I i Plannning and Zoning Commission Recommendation to the City Council Z-1439 F March 25, 1980 Identity and Location: Z-1439 This is the petition of Mr. Harold Gore requesting a change of zoning from Single Family (SF-7) to General Retail (GR) zoning classification at 915 Avenue 0, The lot at 915 Avenue 0 measures 106 x 131 feet. Report: ' The block on which this property is located is bounded on the north by North Texas State University, with Neighborhood Service (NS) and Gereral Retail (GR) uses to the east; General Retail (GR) uses to the south; Single Family (SF-7) to tha west, and vacant land zoned for General Retail use to the southwest. i Single Family housing abuts this property on the north and east. The comprehensive plan provides no guidance for this area. J The petitioner seeks General Retail (GR) zoning to construct a building to house Pender's Music Company whose main function is retail sheet music, the lines. are available at the site and there is adequate capacity In the lnes, ,i The Planning and Zoning Commission considered the possible effects of a retail use abutting residential properties and the prospect of this petition setting a president for future zoning changes in this area. The Planning and Zoning Commission felt that this was a reasonable request given the proximity of other retail uses and the low intensity use proposed by the petitioner. The Planning and Zoning Commission unanimously recommends approval of 2.1434. f ~ l i ~J a i s i~ r. , rte: MAPLE ` a ~ r ' . • , 7~ m ~ ~ I'd iL~ 'Y~1M{]r T1 4~. l yl. ~ v r .•r ~ r, r.7i All r is r r ..~.;4:.`i 116 ' ~ ~r , f . yr; r y,. _jy~y~( EAGLE r,.we. ,+I}ir:.~ ~ •.nA •!1. 'rr~i ~ J ~ ir~•~r r 1 ~b'. k~, vT{''~ r• ry~'' • x . 06 .rfR.ti"•_',1. ~/i. ~Itx~` iv.~;►..~ rw, :^i. r ..,art t w f . S.i (~jy 11Q Y Y r f ~ d , I ' , P1 rim r - fir ~ i 13 WILSHIRLe 4 'A c sx' , .1, .y•les~..s.,. .,-.+.r,..m,e'n.b•..:, KIe .F+n.M .:Wr,nw... a..v•.• ./.tbrY Y~Vgr tlu:_~ . „r:+t I u AVE E •I 4 M ~ I r R a } a P a w AVE. D ~ ~ w N v r a s ro y IAA 7 p a KEVDOLPH DR. , am ou "t *7 A W ♦ w ro r 4 • w N AVE. O ~ " w 410 , 1 i so~ a Minutes Planning and Zoning Commission February 20, 1980 The regular meeting of the Denton Planning and Zoning Commission was held on February 20, 1980 at 5:00 p.m. in the Council Chambers of the Municipal Building. PRESENT: Bill1 rady, Marilyn Gilchrist, Robert La Forte, Linnie McAdams, Carolyn Busby, Richard Taliaferro and Andy Sidor. Staff members present were: Brooks Holt, John Lavretta, Charles Watkins, Rick Svehla, and Sue Wigand. ABSENT: None. s Chairperson McAdams called the meeting to order. 1. Approve the minutes of February 6, 1980. i Motion was made by Andy Sidor and seconded by Richard Taliaferro t to approve the minutes of February 6, 1980, Motion carried unanimously. 11. Public Hearings: A. Hold a public hearing concerning the creation of a Historic Landmark Commission. 2 John Lavretta described the Historic Landmark Ordinance and the powers of the nine member commission. - Bullit Lowry spoke in favor of the request. s l Yvonne Jenkins spoke in favor of the request. Approximately 25 people raised their hands in favor of the ordinance. Linnie McAdams stated that only limit.d staff support wild be available for the Historic Landmark Commission and therefore the Commission would need volunteers. a { Motion was made by Richard Taliaferro and seconded by Robert LaForte to recommend approval of an ordinance creating a Historic Landmark Commission. Motion carried with a vote of 6 to 1. B. 2.1436. This is the petition of Mr. Jack Brown and of Mr. A Neil Hill, general partner, Duncan Properties Ltd,, requesting Planned Development (PD) zoning classification for development of a shopping center compi6x, office and warehouse complex, and mini- warehouse complex on a tract approximately 32 acres in size. The petition is more particularly described as follows: 1. Annexation and Planned Development (PO) zoning classification 1s requested on a tract approximately 6.53 acres in size located adjacent to the existing city limit and beginning approximately 900 feet east of the intersection of Loop 286 and Interstate 35 E. a~ Minutes Planning and Zoning Commission February 20, 1980 Page 2 2. A change of zoning from Commercial (C) and Agricultural (A) to Planned Development (PD) zoning classification on a parcel approximately 25.46 acres in size. This parcel has approximately 1195 feet of frontage along the north side of Interstate 35 and approximately 294 feet of frant.ge along the east side of Loop 288 near the intersection of Loop 288 and Colorado Blvd. Roger Shipman spoke in favor of the request and introduced Jack Brown and k9il Hill. Mr. George Smith spoke in favor of the request, stating that he felt a commercial center would compliment the surrounding retail areas. The salvage yard that is there now will be replaced. The mini warehouse complex will not be visible from Loop 288 but will be visible from I-35. Mark Good, Traffic Engineer, presented a Traffic Impact Study. David Wilson, owner of adjacent land, introduced Ira Tobolosky Attorney. Ira Tobolu;ky spoke in opposition to the request, stating that the ownership of the land is in dispute. He recommended that the Planning Commission defer their decision until the two parties could come to an agreement. David Wilson spoke in opposition stating that 2 more issues are drainage and curb cur,. John Lavretta recommended that Z-1436 be tabled until the next meeting. He also presented the original staff recommendation which was favorable. i Rick Svehla, Director of Engineering, stated that the traffic f study was well done and that he agrees with it. Roger Shipman spoke in rebuttal. Motion was made by Le Forte and seconded by Taliaferro to table Z-1436 (with rem mendation to Henry S. Miller Co. and Brown 5 Hill to work out their differences before the next meeting). Motion carried with a vote of 6 to 1. i 1 C. Z-1438. This is the petition of Mr. Ronnie Hilliard requesting a Change of zoning from Agricultural (A) to Commercial (C) zoning classification at 2523 Fort Worth Drive. The property is approximately 3.1 acres in size and begins 647 feet east of Fort Worth Drive between Mission Street and Hobson Lane. r F Ronnie Hilliard, petitioner, spoke in favor of the request. Helen Mulkey spoke in opposition to the request. Jeneatta Heplo spoke in opposition to the request. 1 Ruth Berry, owner of 2601 ft. Worth Drive, spoke in opposition. a ~r .FV~... _..a ~.e.. ....n .L l".."l Mlwl,rvvsY! . n.. nrw¢..'^'.:S J~:f w✓^ 1.+~r. ~n.x1.F41TVx,9n J , t Minutes Planning and Zoning Commission February 20, 1)80 Page 3 Geneva Wocd ipoke in opposition to the request. John Lavretta presented the staff recommendation. Ronnie Hilliard spoke in rebuttal. Motion was made by Taliaferro and seconded by La Forte to deny Z-1438. Motion carried unanimously. 0. -1439. This is the petition of Mr. Harold Gore requesting a change of zoning from Single Family (SF-7) to General Retail (GR) zoning classl`ication at 915 Avenue 0. The lot at 915 Avenue 5 measures 106 feet h 131 feet. Mr, Gore spoke in favor of the request, stating that his store is a sheet music store and no instruments would be sold, so noise would not be a factor. No ca3 spoke in opposition. John Lavretta presented the staff recommendation. Motion ryas made by La Forte and seconded by Brady to approve Z-1439. Motion carried unanimously. E. Z-1440. This is the petition of Mr. James M. Burns requestingg a change of zoning from Single Family (SF-7) to Multi family (MF-1) zoning classification at 502 Avenue A. The lot at 902 Avenue A measures approximately 68 feet by 166 feet and is at the southwest corner of Eagle Orive and Avenue A. James Burrs, petitioner, spoke in favor of this request. The building on the lot is now University Chapel and Mr. Burns desires J for it to be converted into a dup'ex, then fourpiex, then sixplex. i A representative of Century 21, representing the seller, spoke in j favor of the request. Terry Snider spoke in favor of the reequest, ~,J t No one spoke in opposition. John Lavretta presented the staff recommendation, k the Commission discussed the case. Motion was made by Gilchr,i5t and seconded by McAdams to deny Z-1440, Motion carried with a vote of 5 to 2. 111. Considerations: A. Consider the final plat of two tracts in the A.N.B. Tompkins Survey. ti Charles Watkins reported that all requ rements were met and recommended approval c7ntingent upon 8A approval of side yeard setback, #ri~1 .,tja". ..,.o:,. ~•.+r:Hlv.:N'eNt`wVK'wSSNwa-.:.c+rw .,..........^a..5p'a;~Ndk#,' t Minutes Planning and Zoning Commission February 20, 1980 Page 4 Motion was made by Brady and seconded by La Forte to deny the plat. Motion carried unanimously. 8. Conside setting a study session to review the Capital Improvement Plan and the Planning Program. The date was set for Monday, March 10 at 4:30 p.m. The meeting adjourned at 8:30 p.m. IiII 3 4 Z 1 jA R i PROPERTY OWNER REPLY FORMS Z-1439 IN FAVOR 110.1 PITf0N G. R. Wilbotn UND~ EC~p c/o Ken E. At,drews & Co. W. J. Lowe, Jr. 1:325 Pegasus Street 1128 3111crest Suite E - 242 Denton, TX 76201 Dallas, TX. 75238 J.L. Williams Raymond Pitts 1123 Regal 2528 Royal Lane 77034 Denton, TX 76201 Houston, TX { I 1 I i sAMilraMd4~An+r1•.1.uMSnMw n rrl.«..... ~rr~ ~ t WWI REPLY FOR THE CITY COUNCIL Case. No. 7.1439 The Denton City Council would like to receive your comments on this case' in order that: it may make an informed decision on the zoning petition. If you desire to express an opinion, please complete this reply form and: return it to the following address by the date of the public hearing. City Planner Municipal Building 215 East McKinney Denton, Texas 76201 If 20% or mora of the property owners receiving this notice rsturn a replyy form in oppp~osition tothe proposed change, the City Council moat atta3u a four•fi£ths (4/5) vote to approve it. If you submitted a reply form for consideration by the Planningg sad Zoning Commission, those coat- meats are a sufficient response and ~►ilI be presented to the City Council /--1 If-your opinion about the case has changed, you are encouraged to use this form to notify us concerning your position. If you. have questions pertaining to the case, please call the Planning . Office at 566-8350 } Please use BLACK ink only, since blue ink cannot be xeroxed. 100 REPLY ( r am in favor of this zoning request, v<'•~~ 4 14 ( ) I am opposed to this zoning request. 140 ( ) I am undecided about this zoning request. My comments are as follows$ i II s I M { rr+rwwj Signature - Address - ~ Phone . • - fir. REPLY FOR THE CITY COUNCIL Case. No. 7-1439 - - The Denton City Council would like to receive your comments on this case in order that it may make an informed decision on the zoning petition. If you desire to express an opinion, please complete this reply form and return it to the following address by the date of the public hearing. City Planner Municipal Building 215 East McKinney Denton, Texas 76201 If 20% or more of the property owners receiving this notice return a reply form inn position to the proposed change, the City Council must attain a four-Fifths (4/5) vote to approve it. If you submitted a rej1y form for consideration by the Planning and Zoning Commission, those cosh- Monts are a sufficient response and will be presented to the City Council if your opinion about the case has changed, you are encouraged to use this form to notify us concerning your position. If ou have questions portai.ning to the case, please call the Planning 1 Office at 566.8350. Please use BLACK ink only, since blue ink cannot be xeroxed. REPLY i 1 sm in favor of this zoning request. ( ) I am opposed to this zoning request, r s ( ) I am undecided about this zoning requestt My comments are as foll s 4 J 5 0 1 ' rN f 1 t y 3 rrr r 3 6. 1 3 3ign$tura Address ~'O~F~% t ~r phone - r : ~7 L d t n aW l I` f P7HAt~ REPLY FOR THE PLANNING AND ZONING COMK. SSION Case No. 2-1439 The Planning Commission would like to receive your .o=ents on this case in order that they may make a better informed recommendation to the City Council. If you desire to express an opinion, please complete this re ly form and return it to the following address by the date of the public hearing. City Planner Municipal Building 215 East McKinney Denton, Texas 76201 This reply form in no way affects your rights to attend the public hear i.ng and we encourage all interested parties to attend and comment if they wish. if 20% or more of the property owners receiving this notice return this reply form in opposition to the proposed change, the City Council must attain a four-fifths (4/5) vote to approve it. If you have questions pertaining to the case, please call the Planning Office at 566-8350. f Please use BLACK ink only. RECEIVED FE a 1 -3 430 REPLY ( ) I am in favor of this zoning request. ( P) i am opposed to this zoning request, ( ) II an uudecided about this zoning request, ' ! 1 My comments are as follows it 'OnJ / t t y~ 1 t Signature 1 ~ 5 Address ~E%;r cz_-' ~ Phone II a t l!Vfis~ REPLY FOR THE PLANNING AND ZONING COMMISSION Case No. 2-1439 The Planning Commission would like to receive your comments on this case in order that they may make a better informed recommendation to the City Council. If you desire to express an opinion, please complete this reply form and return it to the following address by the date of the public hearing, City Planner Municipal Build;ng 215 East McKinney Denton, Texas 76201 This reply form in no way affects your rights to attend the publ?c hear- ing and we annourage all interested parties to attend and comment if they wish. If 20% or more of the property owners receiving this notice return this reply foram in opposition to the proposed change, the City ~ Council must attain a four-Fifths (4/5) vote to approve it. If you have questions pertaining to the case, please call the Planning Office at 566-8350. Please use BLACK ink only, REPLY RECEMEED FU 2 0 1980 ( ) I am in favor of this zoning request. ( x) I. am opposed to this zoning request. ( ) I am undecided about this zoning request, I ' My comments are as follows. This jfY wnn} wwp f~a Ms}1 wiwr~- --+---~-iws6~---s--.q...ae lei in a block as general Retail that Is V%bw J.'anA,+ c+ , This toning should await the sonina of the entira w+, L rn ens wishes to develop the entire block this lot can be zonaa v ++s +},,a „n,..nir la:ee yoa S There to other late available already toned General Retail in t}a araQ th _P_ ar - i be PUrchssed, Residence on Ave c is availabla and is now rnna+ n „ ra, fl e 9 There are two elderly widows livin; in the block Ind will continua to rae+Ep +karoln until the entire block 0 developed. This is coning a rosid§nc9 for use 2. ra!A41 JQ outlet, - t Signature Address r: -~xo~~k}•-e1-434-i4rnde~h• eAddrera 2528 Roya Lars l ~q~` r qs-:1P\sak.aiii ~.i.x,a n • . . <.....rwarysWY4'fR+~~~y qy • fis.T . 4 0 E:144 Ile 9i 44AA,x 7E fel n o ; K,A4.lAh A; x+ ' ~ y 4 r e1TAA1~ A...1., •7Ea.~ y ' L U.' 4: ~r111 Ile- SA4 4A4jrR;l 7, 11139 5 ' a c 4,44 'A I 12.1 o t 41 M~ 11 :3 /jjylj, O i r ! t IlAk i ( `1 1 # if #,ed J~Lji /1161 APIA A k ~flail l .1 AfAA I, IPA , ~1+ j 04 :1 cn ' NcuarnvE ss 7 Q7S+aA'an 7Ga0-7 i f,t # ~ J t ,E ~Y 'Ilk i i i i a~ r--. 1, / :v1 A ~ h SY ~l r./ ..ter a mil ti D y i I r ~+4 t ~n r ~IP° ...nra .aaJA4".laa ~q v[~. r. . K~yiu~ a I Planning and Zoning Commission Recommendation to the City Council Z-1436 March 25, 190 Identity and Location: Z-1436 This is the petition of Mr. Jack Brown and Mr. Neil Hill, general partner, Duncan Properties Ltd,, requesting annexation of a 6.53 acre tract. The triangular shaped parcel begins approximately 700 feet southeast of the intersection of Colorado Boulevard and Loop 288. Report: Adjacent land use and zoning includes the Mall on the north side of Loop 288, vacant land lying outside the city limits to the east, Agricultural (A) zoning along the north side of Interstate 35 toward Dallas, Light Industrial zoning on the south side of Loop 288 northeast of this parcel and Commercial (C) zoning on a tract adjoining and lying between this site and Loop 288. The property south of this site, on the south side of I-35 is currently zoned Agricultural ! (A), however a zoning petition for that area is pending before the City Council ((i.e, Z-1435). i With respect to public facilities, a sewer line will need to be extended from Pecan Creek to Colorado Boulevard. A waterline will need to be extended from the 1-35 service road at its intersection with Loop 288 to the site. Electrical lines are available for extension to the site, and there is adequate capacity in all the tines. The Planning and Zoning Commission unanimously recommends annexation. i (Note: The property owners have filed a petition for P1ann-td Development zoning s for retail officu and warehouse uses on this property and surrounding property, i s The Counci; will hear this zoning request when annexation process is completed,) I + R , i $ 3 y i f Y r. if ,I '1Ie•.Y I ' 77 -1436 'IN~*.'A' . F inCol *IT" • (~rtisa ~ I, PIN !ofs E Minutes Planning and Zoning Commission March 5, 1980 This is the regular meeting of the Denton Planning and Zoning Commission held on March 5, 1980 at 5:00 p.m, in the Council Chambers of the Municipal Building. PRESENT: Bill Brady, Marilyn Gilchrist, Robert LaForte, Linnie McAdams, Carolyn Busby, Andy Sidor, and Richard Taliaferro. Staff members were John Lavretta, Charles Watkins, Rick Svehla, and Sue Wigand. ABSENT: None. 1. Approve the minutes of the February 20, 1980 meeting, Motion was made by Taliaferro and seconded by LaForte to approve the minutes. Motion carried ulantmously. 11. Consideration: A. Z-1436. This is the petition of Mr. Jack Brown and of Mr. Neil Hill general partner, Duncan Properties Ltd., requesting Planned Development (PD) zoning classification for development of a shopping center complex, office and warehouse complex, and mint-warehouse complex on a tract approximately 32 acres in size. Roger Shipmen, attorney for Brown and Hill, spoke in favor of the request. m David Wilson, representing the Henry S. Miller Co., spoke in opposition to the request, stating that there was still a dispute 1 over a strip of land and the court would decide upon the ownership. Mr. Wilson also objected to the curb cut. i i ~ City Engineer, Rick Svehla, stated that he did not feel it waz fair I to hold up Duncan Properties since the Miller Co. has not submitted a plat to the Planning Department. Mr. Neil Hill spoke in rebuttal. 4 The Commission discussed the case. Mot=on was made by Taliaferro and seconded by Sidor to approve Z-1436 with conditions as written. Approved by a vote of 6 to l. Ili. A. Z-1408 This is the petition of the Planning and Zoning Commission requestin4 Light Industrial (Lt) zoning classification on a tract approxi- rately 314.9 acres in size. The property is located on the north side of Highway 77, adjacent and east of Bonnie Brae Road. This tract has approximately 41434 feet of fronta4e along Highway 77 extending westward i from the Riney Road - Highway 77 intorsaction tnd is contiguous with the city limits approximately in the centerline of Riney Road, (This property s is owned by Texas Instruments.) a, t Pq~ K Minutes Planning and Zoning Commission March 5, 1980 Page 2 John Lavretta spoke, on behalf of the Planning and Zoning Commission, in favor of the request, No one spoke in opposition. Motion was made by Bill Brady to approve Z-1408. Motion carried unanimously. B. Z-1441. This is the petition of Ms. Karen Nash requesting an amendment to a Planned Development (PO) for detached single family houses on 45' X 100 ' lots to permit multi family (MF-R) development on a tract approximately 7 acres in size. The tract is loca0d on the north side of the proposed Windsor extension, and approximately 1L5 feet west of Stuart Road. Karen Nash spoke in favor of the request. ! No one spoke in opposition. John Lavretta presented the staff recommendation. No one spoke in rebuttal. The Commission discussed the case. Motion was made by Sidor and seconded by Tallaferro to deny Z-1441. Motion carried unanimously. C. Z-1442, This is the petition of Mr. Charles Glas ow requesting a change of zoning from Agricultural (A) to Commercial (C) zoning classification on a parcel approximately 26.4 acres in size which begins at the southwest corner of Loop 288 and Audra Lane, yy approximately 909 feet of frontage along the west sidehofpLoop r288hand approximately 1030.9 feet of frontage along the south side of Audra Ln. s Charles Glasgow, petitioner, spoke in favor of the request. Frank Cawthon, realtor, spoke in favor of the request. Leonard Morris, representing the owner of the property zoned SF-10 1 across Loop 288, spoke in favor of the request, Robin Butt, 1807 Audra Lane, spoke in opposition to the request. T. Hollandale spoke in opposition to the request, John Lavretta presented the staff reccmmendation, F Charles Glasgow spoke in rebuttal. The Commission discussed the case with Charles Glasgow, stating the zoning change request would be more desireable if the proposed Commercial i development included only the frontage along Loop 288 1 also it ( 1 1 r Minutes Planning and Zoning Commission March 5, 1980 Page 3 would be desireable if a transition, such as multi family, was provided between the proposed single family area to the west and the proposed commercial development along Loop 288. Motion was made by Sidor and seconded by Taliaferro to deny Z-1442. Motion carried 5 to 1 with 1 abstention. 1V. Considerations: A. Consider the final plat of Skyline Addition. Ross Melton spoke in favor of the plat. Motion was made by La Forte and seconded by Gilchrist to approve the final plat of the Skyline Addition. Motion carried unanimously. B. Consider the final plat of Solar Way Addition. Charles Watkins stated the staff recommended approval. Motion was made by Taliaferro and seconded by Gilchrist to approve m the final plat of Solar Way Addition. Motion carried unanimously. C. Consider the preliminary plat of Plaza 288 Addition. This plat was withdrawn by Charles Glasg•-.Y. 0. Consider the final replat of Ruddell Addition. Charles Watkins gave the staff recommendation of approval. i 4 Motion was made by La Forte and seconded by Andy Sidor to approve the final replat of Ruddell Addition. Motion carried unanimously. E I E. Consider the preliminary plat of Wimbleton Village Phase Two. e t Charles Watkins stated that 2 additional valves and electrical easements are needed and recommended approval contingent upon this condition. Motion was made by Sidor and seconded by Busby to approve the preliminary plat of Wimbleton Village Phase Two with the condition. Motion approved I unanimously. F. Consider disposition of Lot 2A, Block 30 Herftage Oaks Addition. John Lavretta reported that the Parks and Recreation Department desires to keep the land. Motion was made by Sidor and seconded by Carol to recommend that the City keep the land. Motion carried unanimously. s,; Mal Minutes Planning and Zoning Commission March 5, 1980 { Page 4 i G. Consider disposition of excess city property at 511 E. Prairie Street. i John Lavretta recommended disposition. r Motion was made by Taliaferro and seconded by Gilchrist to recommend that the Council dispose of the property. Motion carried unanimously. The meeting adjourned at 7:30 p.m. y 1 i i t 1 I 1 k ~ I { J ~ t { t t#+ c CITY OF DENTON MEMORANDUM TO: Mayor and Members of the City Council FROMs Bill Angelo, Administrativo Ass:atant i DATES March 20, 1980 SUBJECT: Agenda Item ;3 - Denton Softball Association. 'i As you know, the new policies and procedures for Park and Recreation Facility Operations require that all non-resident teams wishing to play in the City of Denton Softball League must obtain permission from the Parks and Recreation Board and the City Council, A t non-resident team is defined by this policy as a team consisting of six or more players who reside outside of the City limits. Every team In the league is required to pay a fee of $5.00 for each non-resident player on the roster. The Park and Recreation Board will consider this item at their i regular meeting on March 24, 1980. We will present their recommendation at the Council Meeting Tuesday night. 5111-AngeicK BAsmr ry J is t 4 } a ' .dM l MMBI9Vii IRfi1p~ 11 • M NO. COANt+PORRSDINN9iAEANCE AMENDINQ APPENDIX 8 OF TOE CODE OF ORDINANCES, THE V8 ZONING ORDINANCE, OP THE EY ADDING TO APPENDIX O CITY Of DENTON, TEXAS, HISTORIC A NEN ARTICLE 28A ENTITLED 'ARTICLE 28A LANDMARK PRESERVATION'; DSFININQ TOE TEAM EI9TORIC LANDMARKI CREATING A HISTORIC LAND MR ITS POW8A8 yO~RIf COMMISSION AND PROVIDING AND R69PONSIEILITY; PROVIDING FOR T8; D8920NA- 1 TION OF HISTORIC LANDMARKS by THE CITY AND E8 EINQ REGU DzsrLATI FOR THE 096 IN REPAIR, OIBTORIC LANDMARK DESIGNATIONS; HI~SUTOAICAL , REMOVAL AND DEMOLITION OR RAMOVAL Or PLANNING AND LONINIISJCQjq 88ION THE POWERS An AOIHDAITY 01 THE THE CITY COUNCILI PROVIDING THAT dISTORIC R $ AND OP SHALL NOT AFFECT PRESENT ZONING 0888; PROVIDING APb i'GYNA7ION8 WHEREAS, the City of Denton, Texas Les a history and a heritage unique and different frog any other City In Texas Which Is Worthy of Civic pride and preservation; and a WHEREAS,, the City Council recognises its responsibility to 3 preserve and protect places and areas in the City of historical ' and cultural importance and significance for the general "r welfare of the coorunityr < NON, THERSTORE, THE COUNCIL OT Till CITY OF DENTON, TEXAS, HEREBY OADAINSf ONIZON 1. Appendix E of the Code of Ordinances of the City of Denton, Texas, the Comprehensive Boning Ordinance of the City of ! Denton, is hereby amended by adding to Appendix-'B a new Article Y "A to heaafter read 46 '0" a' ARTICLE 28A 919TOAZC LANDMARK PRESERVATION. r Section 28A-1. '8IMRIC LANDMARK• DEFINED f As used in this article, the term 'historic landeart' shall mean any building, structure, Alta, district, area, or lend of architectural, historical, archaeological or cultural Importance or value, vbich the city council determines shall be protected, enhanced, and preserved in the interest of the ' culture, prosperity, education and general welfare of the people. a Section 28A-2. DECLARATION OP POLICY. j The city council hereby finds and declares as a mattst of public policy that the protection, enhancement, { preacrvaticn t I i f I and use of historic landmarks is a public necessity and Is required in the interest of the culture, prosperity, education and general welfare of the people. The purposes of this chapter arts (a) To protect, enhance and perpetuate historic landmarks i which represent or reflect distinctive and important' elements j of the city's and state's architectural, archaeological, i cultural, social, economic, ethnic and political history and to develop appropriate settings for such places. (b) To safeguard the city's historic and cultural heritage, as embodied and reflected in much historic landmarks ` I by appropriate regulations. (o) To stabilize and improve property values in snob locations. (d) To foster civic pride In the beauty and aecompiish- slants of the past. 4 f; (e) To protect and enhance the city's atttactiona to j tourists and visitors and provide incidental support and ~ stimulus to business and industry. , i (f) To strengthen the economy, of the city. ) t (g) To promote the use of historic landmarks for the culture, prosperity, education, and general welfare of the people of the city and visitors of the city. ( Section 2SA-7. RISTORIC IAKDMAnd-DSSICKATIOti. The City council may designate buildings, structures, t ' y sites, districts, areas and lands in the city as historic a~ landmarks and define, amend and delineate the boondaties i thereof. The suffix "E" shall indicate the zoning designation 4 of those buildings, structures, sites, districts, steam and lands which the city council designate as historic' landmarks. Such designation shall be in addition to any other use designation established in the eomptebenaive zoning ordinance. The coning map shall relfact the designation of a historic landmark by the letter •E" am a suffix to any other use Y PACE 2 i designation established under the comprehensive toning ordinance. Section lsA•3. SAME-CRITERIA TO BE USED IN DESIGNATIONS. In making such designations as set forth in Section 284-3, the City council shall consider, but shall no be limited to, one or more of the following criteria! (a) Character, interest or value as part of the develop- ment, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. (b) Recognition as a recorded Texas historic landmark, a national historic landmark, or entered Into the National Register of Historic Places. (c) Embodiment of distinguishing characteristics of nm architectural type or specimen. 1 (d) Identification as the work of an architect or sister r builder whose individual work has influenced the development of M it the city. If (e) Embodiment of elements of architectural design, detail, materials or craftsmanship which represent a i sigaificant architectural innovation. i (f) Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan f based on architectural, historic or cultural motif. (g) Portrayal of the environment of a sloop of people in an area of history characterized by a distinctive architectural style. (h) Archaeological value in that it has produced or can be expected to produco data affecting theories of historic or prehistoric interest. (1) Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, State or United States. 1 PAGE 3 r a 1 r . r..r-.r..u rY 4.Yt JNRYA lnlbu:xvsrR nw+vr-..•. x r Location ■s the site of a significant historic event. . (k) Identification with a person or persons who significantly contributed to the culture and development of the city, State or United States. (1) A building or structure that because of its location { has become of value to a neighborhood, community area, or the city. (a) Value as an aspect of community sentiment or public pride. Section ZIA•4. HISTORIC LANDKW COMWi SS ION- CREATED. (a) There is hereby created a commission to be known as. the Historic Landmark Coaission of the City of Denton, bare- ~ s - I inafter called the "landmark commissions" composed of nine members appointed by the city council within sixty days from qi I the effective date of this article. The landmark commission { shall include at least one representative from each of 'the s following organitations or proEsssioni: (1) Denton County Historical Commission. t (2) The Denton County Ear Association. (7) An Architect, y i (4) A Certified Public Accountant. 1 3 (S) An owner of reel property in the City. i 3 l (b) Tho other members of the landmark commission shall be a k appointed from such other Individuals and organisations as the city council may in its discretion wish to consult or consider[ ) provided that no one business or professional Interest shall 9 constitute a majority membership of the commission. a (c) The original representatives from the five fields of expertise shall serve for a taro of three years. All other ka members of the landmark commission and subsequent members from j these fields of expertise shall serve a term of two years. Vacancies in an unexpired term shall be filled by the city council far the remainder of the term. PACE 4 S c VANk (d) In addition to the nine members appointed by the city council, the following persons or their designates shall sit on the landmark commission as ex officio members: I. The Director of Planning of the City of Denton. 2. The Building Official of the City of Denton. (a) Hone of the ex officio members shalt have voting power, but shall assist the lardmatk commisston in its various functions. (f) The landmark eonmigsicn shall Meet as often as necessary to dispose of the business of the commission or upon call by the commission chairman or upon petition of a simple • € Majority of commission members. Five members present shall constitute a quorum, and issues shall be decided by at least { four (e) affirmative votes of the ■emberr preseut and voting. The commission shall adopt appropriate rules and regulations s for the conduct of Its business and the election of its r chairman and other officers. The minutes of each meeting shalt be filed in the office of the city secretary. i 1 9 (g) The city attorney shall be the legal advisor for the i Historic Landmark Commission. (h) The fact that one or more representatives from the six fields of expertise may not at any given point be a member of f the landmark couisston, for whatever reason or eecsons, shall ! not affect the validity of any decision or act of the commis- s lion. i Section 2OA-5, SAXE•FUNCTION. (a) The landmark commission shall thoroughly End barite itself with buildings, structures, sites, districts, areas and lands within the city which may be eligible for designation as historic landmarks and shall prepare an historic landmark preservation plan, hereinafter referred to to the "preservation plan," which $hills i PAGE S i $C~l...~.n,+~-~... ro. .....-.kx..T\7tn`,uu'. CL'c. Ar,.v:.a.a.n 1..... ..r.. w.w.. s^W 4:"qY.' f i ) r (1) establish criteria to be used in determining whether certain buildings, structures, sites, districts, treas, lands and other objects should be designated as historic landmarks. (2) Establish guidelines to be used iq determination of whether to grant or deny certificates of appropriateness and certificates of demolition or removal (7) Formulate a program for private and public action which will state the role of various city agencies in preservation of historic landmarks. (g) Suggest sources of funds for preservation and restoration activities and acquisitions, to include federal i sources, state sources, private and foundation sources, as well i as municipal sources. i t i (S) Recommend to the proper agencies incentives designed to encourage historical preservation. 4 (b) The preservation plan shall be presented to the city planning commission for consideration and recommendation to the i i city council for inclusion in the couprehensirs, plan of the { I E j city. (c) The landmark commission shall recommend to the city planning commissions ordinances designating certain buildings, f. structures, sites, districts, area and lands In the city as historfe landmarks. The landmark commission shall holy a public hearing on all proposed ordinanees and the owner of any { land Included in the proposed ordinance shall be given at least ton days written notice of the public hearing. (d) Any owner of property may request from the landmark commission a decision on whether the landmark commission intends to recommend to the planning cummisslon that said F property be designated "H". The landmark commission shall x render a decision on the owner's request within ninety days after the request is made. PAGE 6 E 1 z ,...w OW, A l tM f nn i r (a) 1P the landmark commission finds that buildings, structures, sites, districts, lands or areas cannot be pres%rved without acquisition, the landmark commission may recolmend to the city council that the fee or a lesser Interest of the property in question be acquired by gift, devise, purchase, eminent domain of otherwise, pursuant to the city charter and state and federal law. (f) Where there are conditions under which the required preservation of a historic landmark would cause undue hardship on the owner or owners, use district changes ■ay be rocomended by the landmark commission. (g) The designation of a historic landmark may be amended i or removed using the sue procedure provided in this article for the original designation. ' (h) The landmark commission shall provide Information and counseling to owners of designated historic landmarks. i Section 2BA-6. ACTION BY THE CITY PLANNING COMMISSION. (a) The city planning commission shall hold publie ` hearings as provided for in Article IOllf, Yemen's Annotated Texas Statutes, to consider any historical landmark designation E ordinance after receiving a recommendation for the landmark j! coemission, the notices provided for in Article l0ilf shall be sent to all owners of } property which to proposed for "H" designation as well as to the adjoining property owners specified in said artloae. (b) Within thirty days after the hearing, the city planning commission shall set forth In writing Its recession- ] dation, Including the findings of fact that constitute the ! basis for Its decision, and shall transit its recomundation i ( I concerning the proposed ordinance to the city council along z, with the recommendation of the landmark commission. Section 28A•7. RECORDING Of DESIGNATION. Upon passage of a historic landmark designation ordinance, the city secretary $bell file a copy of the ordinance with City PACE 7 } r v, ..w.••,,, .4440 ,,..c.r W~xtiyr~ I i f II` k and Denton County Tax Assessors together with a notice briefly stating the fact of the designation and shall send a copy of such notice to the owner or owners of the affected property by certified mail. Section 28A-8. EXTEVOR ALTERATIONS AND CHANGES-CARTIFICATH OF APPROPRIATENESS ORDINARY REPAIR OR MAINTENANCE, APPEAL. No person or aotity stall construct, reeor.struet, alter, change, restore, remove or demolish any exterior architectural feature of a designated historic landmark unless application be made to the landmark commission for a cer'tifieate of, appropriateness and such a certificate be granted. As used in this article, the tore "exterior architectural feature" shall j include but not be limited to architectural style and general 1 arrangement of such portion of the exterior of a structure,as is designed to be open to view trim a public way, (a) Procedure when building permit is required: ; (1) When applying for a building permit for the exterior of a designated historic landmark, the applicant shall submit two copies of all detailed plans, elevations, perspec- t.ves, specifications an-' other documents pertaining to the I w.rto the building official, who shall forward such 9 application to the commission chairman. Any applicant may I appear at a regular or special meeting of the landmark { commission before submitting an application and may consult j with sold commission during the review of the permit application. (1) The landmark commission, upon ten days written notice to the applicant, shall hold a hearing on the appli- cation. upon review of the application, if the landmark ~ commission finds the proposed work of a nature which will not adversely affect any significant architectural or historical future of the designated historic landmark, and is appropriate 3 5 4 PAGE 8 t MI s 1111-4 and consistent with the spirit and purposes of this article, it shall ft rward a certificate of appropriateness to the building official after the public hearing and the building official shall so advise the applicant after the certificate is received. (S) It the landmark commission finds that the pro- posed work will adversely affect or destroy any significant architectural or historical feature of the designated historic ' landmark or is inappropriate or inconsistent with the spirit and purposes of this article, it shall not±fy the building official that the application has been disapproved and shall notify the applicant of the disapproval and of the changes in . the application which are necessary to secure the approval of the application. E E (4) It no action has been taken by the landmark e y !E comrission within sixty days of original receipt by the. landmark commission, a certEEierte of approprlatanees shall be 1 deemed Issued by the landmark corission, and the building , I official shall so advise the applicant. (S) Ho change shall be made in the application for any building permit af•.ar issuance of a certificate of appropriate- mass without , resubmftta 1 to the landmark commission and , approval thereof in the same manner as provided above. (6) After a decision is reached by the landmark ' comirission denying an application for a certificate of arpro- 3 I priateness, a resubmittal of application will not be scca ted 1 j for addltio:rl hearing within a twelve-month period fr-m the s data of final decision except upon written request by the applicant indicating that there has been a change In coadltions or that all changes in the application as recommended by the landmark commission have been made. f (b) Procedure when building permit is not required; 4 (1) Those proposed exterior cbanges and alterations not requiring a building permit shall be submitted in writing PACE D a 1 i lirectly to the historic landmark commissina for a certficate of appropriateness which must be granted before such work can be undertaken. Applicant shell submit a copy of all proposed alterations and changes to the commission. "a application must specifically describe the alteration or change proposed. Any applicant ■ay appear at a regular or special meeting of the landmark commission before submitting an application and may consult with said commission during the review of the - application. e (2) The landmark commission, upon ten days written notice to the applicant, shall hold a hearing on the application. Upon review of the application, if the landmark commission finds the proposrd work of a nature which will not adversely affect any significant architectural or historical ; I I feature of a designated historic landmark and Is appropriate { and consistent %ith the spirit and purposes of this article, it shall forward a certificate of appropriateness to the applicant within thirty days of the receipt of meld application. (3) If the lwndmark coamtssioo finds that the pro- posed work will adversely affect or destroy any significant architectural or historical feature of the designated historic 1 j landmark or is inappropriate or inconsistent with the spirit i and purposes of this article, It shall notify the applicant i within thirty days of receipt of said application that the application ham been disapproved and shall include In such z i.` notification the changes necessary to secure approval of the application. a I (4) If " ■.tloo has been taken by the landmark 0 commission within sixty days of the receipt of the application, a certificate of appropriateness shall be deeme-! issued by the landmark commission. PAGB 10 _ L a ` r (S) No change shall be made in the application for issuanc of a certificate of appropriateness without resubmit` co the landmark commission ■nd approrei thereof in the sane manner as provided above. (6) After a decision is reached by the landmark commission denying an application for certificate of appropriateness, a resubmittai of application will not be i accepted for additional hearing within a twelve month period from the date of final decision except upon written request by the applicant indicating that there bas been a change in conditions or that all changes in the application aq recommended by the landmark Commission have been made. f (c) Ordinary repaii or maiotenance: Ordinary repair or maintenance which does not involve changes to architectural and historic value, style or general design is exempt from the provisions :f this section, { (d) Appeal, t Any applicant or interested person aggrieved by a It !I ruling of the landmark commission under the provisions of this section may, within thirty days after the date of such ruling, f I appeal to the city council. Section Z&A•9. HISTORIC LANCMAus-D61i06ITION OR REMOVAL i ~ (a) if an application is received for demolition or } removal of a designated historic landmark, the building official shall immediately forward the application to the landmark commission. The landmark commission shall hold a i, public hearing on the application within thirty days after the application Is Initially filed with the building official.' The applicant shall be given ten days written notice of the P hearing. The landmark commission shall consider the state of X repair of the building, the reasonableness of the cost of restoration or repair, the existing and/or potential usefulness, including ecoi,omie usefulness of the building, the purposes behind preserving the structure as a historic i PAOB 11 { ( ~ f ~.~r..... ..,.,w.awui-MVWIW1vuwwars.w.:. .._....,....«w w..w.•yyp Nr.H r I..__.. ':i4 i landmark, the character of the nalghborhood, and all other factors it finds appropriate, If the landmark commission determines that in the interest of preserving historical values, the structure should not be demolished or removed, it shall notify the building official that the application has been disapproved, and the building official shall so advise the applicaat within five days therefrom. If the landmark comets- Sion determines that the Interest of pruerrtng historical values will not be adversely affected by such demolishment or removal or that the interest of preserving historical values i ~ can best be served by the removal of a structure to another specified location, It shall issue its certificate of r k aemolition or its certificate of removal, as may be appro- priste, to the building officials and the building official .f shall so advise the applicant within five days therefrom. ! (b) It no action has been taken by the landmark commission within sixty days of original receipt by the landmark commis- 1 Sion of the application, a certificate of demolition or a fi certificate of removal shall be deemed issued by the landmark, k commission and the building official shall so advise the applicant, I (c) After a decision is ruched by the landmark totals.on I denyleg an application for a ealtlfleste of demolition or a eertl(tests of removal, a reeubmittal of application for such it certificate will not be accepted for additional hearing within a twelve-month psrlod from the date of final decision, (d) Any applicant or the owns of an any property located within three hundred foot of any landmark who Is aggrieved by a ruling of the landmark commission concerning same landmark t under the provision of this section ■ay, within sixty days i after the ruling of the landmark commission, appeal to the city counell. Following a public hearing to be field within thirty days of the filing of a notice of such appeal with the city 111 secretary, the city council may, by a staple majority vote, f'~ S PAGE 1: 1 41,10" ml .010 ~r be designated a historic landmark or be included within a historic landmark or within a preservation plan or an amendment thereof within sixty days following the earliest of the above described dates activating this section application under the circumstances; or, (3) A final and binding decision has been made by the city council that no part of any such building or structure shell be designated a historic landmark or shall be Included s within any designated historic landmark. Provided, howevert that should the city council fail to act within ninety days from the date an appeal is filed, the requested permit shall be r granted. The ninety day time lioitatiom may be waived by the appellant to allow the city council an additional thirty days In which to act. j (b) It shall be the duty of the landmark commission to - furnish the building official with a copy or written notice of each such written order or such agenda or such preservation plan or amendment thereof, as the case may be, as promptly after the preparation thereof as is practicable. The failure to so furnish the building official with a copy 'or written 5 notice thereof, however, shall not have the effect of i validating any building permit, removal permit or demolition permit Issued In ignorance of any such written order or agenda. In any instance in which any, such permit may not be required, It shall be the duty of the landmark coamisslon to { Slits notice of any such written order or such agenda or such I 1 preservation plan or amendment thereof to the owner or owners of any building or structure Included within the scope tbareaf, which notice shall be deemed complete when actually given, orally or In writing, to such owner or owners, or when written notice thereof is deposited In the United States sail, postage Ilk, prepaid, certified or registerad, with recurs receipt requested, addressed to such owner or owners, whichever event J first occurs. s` PACE 11 . m., y:.Y.• '.OVJ.PII./M. u.M .rv..n . n. . YIMYY. v (e) Any permit issued to any person or entity from or after the date of any such written order, or such agenda, or the approval or recommendation of such preservation plan or amendment thereof, as the case may be, shall be null, void and of no force or effect until the earliest of the events described in subparagraphs (1), (1) and (3) of subsection (a) next above to occur. (d) Notwithstanding any other provision of this chapter, t no building permit, removal permit or demolition permit shall be issued by the building inspector for any structure located in a National Register District except as authorized by the subsection. The building Inspector shall notify the landmark 1 { • conission immediately of any application requesting a building permit, removal permit or demolition permit for a structure I located in a National Register District. No such permit shall I be Issued by the building Inspector before the landmark , commission has made a recommendation or scheduled the structure } on its agenda or before the expiration of forty (40) calendar I 1 days, whichever is sooner. If a structure Is made m agenda Items It shall be scheduled for a public hearing as soon as adjacent property owners are notified. for purposes of this ; subsection, "National Register District" is defined as a designated arse possessing a significant concentration, linkage or continuity of sites, building structures or objects which J are separated geographically but are linked by association.' or y history., provided, that no area may be considered a National 4 Register District for purposes of this subsection unless it has been designated In the federal Register pursuant to the k Nationst Preservation Act of 1966, as amended, prior to the ~ effective date of this amendment, and until taps depicting such area are made available for Inspection by the public to the r', office of the Building Inspection Dapartment, Notwithstanding any provision hereof, this section shall not apply to geographical areas designated as historic districts under the provisions of this ordinance. ! PAGE 1S F; j .Itt.VM.N F^. I Section 2SA-11. SAME-OMISSION OF NECESSARY REPAIRS. (a) The exterior of a designated historic landmark shall be maintained to insure the structural soundness of such landmark. (b) If the landmark commission finds that there are reasonable grounds to believe that a dcsignated historic t landmark is structurally unsound or in imminent danger of becoming structurally unsound, the landmark COMMIsslon Shall notify in writing the owner of record of the designated historic landmark of such fact. t I (c) Upon the giving of ten days written notice to the a f~ owner of record or such designated historic landmark, the • landmark commission shall hold a public hearing to determine it the designated historical building is structurally unsound or In imminent danger of becoming structurally unsound. The landmark commission's report may Include evidence of economic hardship or willful neglect, f (d) At the conclusion of the bearing, if the landmark i commission finds that the designated historic building is 3 structurally unsound or in danger of becoming structurally ; unsound and that no valid reason exists as to why the owner cannot or shruld not undertake to safeguard the structure). soundness of the building, It shall in writing notify the record owner of the finding, Y (e) The owner of record of a designated historic landmark r who has been notified by the landmark commission that such ; landmark is structurally unsound or in danger of so becoming shall within ninety days of receipt of such notice, satiety the historic landmark corission that reasonably necessary repairs to safeguard the structural soundness of the landmark have been effected. (f) If the landmark commission determines that the building is structurally unsound but there are valid reasons why the- owner cannot or should not undertake to safeguard the a structural soundness of the building, it shay. forward to the ;y PACE l6 r Olwlo I i i city council its recammendation ■s to what action, if any, should be taken on the structure. (1) Any applicant or Interested person aggrieved by a ruling of the landmark commission under the provisions of this 5 section may, within thirty days after the date of sucl. ruling, 7 appeal to the city council Section 21A-12. HISTORIC LANDMARX DESIGNATION TO COEXIST WITH OTHER USE CLASSIFICATIONS. Use classifications as to all property which mar be included in a historic landmark designation shall continue to be governed by the comprehensive toning ordinance of the city j and the procedures therein established. { Section ZIA-IS. HISTORIC DISTRICTS DEFINED; RESTRICTIONS I` IMPOSED THEREIN; CRITERIA FOR DISTRICT BOUNDARIES ESTABLISHED] REQUISITES FOR j APPLICATIONS FOR DISTRICTS SET FORTHT CRITERIA FOR EVALUATING SANE PROVIDED; 3 DISTRICT PRESERVATION PLANS DEPINED1 NIS- CELLANBOUS ADMINISTRATIVE REQUIREMENTS OP LANDMARK. COMMISSION SET FORTH; PROCEDURE ` f FOR AODIPICATION Of ORDINANCE PROVISIONS t ESTABLISHED. (a) DEFINITION. Districts which may be designated 4 Historic Landmarks pursuant to Section 21.1-1 shall herein be referred to as "HISTORIC DISTRICTS" and shall mean geographically definable great; possessing significant i concentration, linkage, or continuity of buildings, structures, I sites, areas or land which are united by architectural, his- torical, sechaelogical, at cultural importance or significance. j (b) RESTRICTIONS. All buildings, structures, site, areas y or lands located with a designated historic district, whether individually designated historic or not, are subject to these regulations. No person or entity shall construct, recanstruct, alter, change, restore, remove or demolish In any way the exterior features of such building, structure, or site, area at land until a permit has been granted by the building official L+' of the City of Denton. Purtheraore, no public improvements, Inetuding, but not limited to, street construction, signs, lighting, sidewalk construction, parking facill',es and traffic s PAGE 17 ' t ~ .I l y R'..:ryeF r. i~ f N ♦Y . { system changes, except traffic control signs and devices, shall be rade within or affecting a historic district without I approval of the city council ifter recommendation has been submitted by the landmark commission and appropriate city , departments. (c) DISTRICT BOUNDARIES. The boundaries of historic districts shall be drawn so as to include all buildings, structures, sites, areas or Isnds which meet one or more of the criteria set out in Section IIA•3 herein or which directly 7 affect or relate to such buildings, structures, sites, areas ev lands meeting an one more of the Section 2OA•3 criteria, Provided that at least 511 of the total structures within the s boundaries are of architectural, historic, archaeological, or i 9 cultural importance or value. (d) ESTABLISHNANT OF HISTORIC DISTRICTS. 41 (1) Applications for consideration of a historic district shall be based upon architectural, historical, archaeological or cultural importance or value and accompanied by a report to the landmark commission containing the following itformation. ) (a) A list of specific boildings, structures, sites, J areas or lands of importance or value located within the a j proposed district boundaries and a description of the particular importance or value of etch such building, structurA, site, area or land. ,rrc (b) A map showing the boundaries of the proposed historical district drawn to a stale of 1"•20011 and the location of etch structure of importance or value identified by a number or letter designation. (a) Sufficient photographs of each building, structure, site, area or land of importance or value showing t. " the condition, color, site and architectural detail of eschl and. PMB 1A ,G s 1 ,rr7 i 1 (d) A description of each building, structure, site, area or land of importance or value showing the condition, color, sire and architectural detail of each; and where possible 1. date of construction 2. builder or architect 3. chain of uses and ownership 1. architectural style S. saterials 6. construction technique y y. recognition by State or National Covernment a!, architecturally or historically significant, if so q s designated, (1) Application for establishment of as historic district ; on the basis of cultural or archasological, importance or value shall be accompanied by a report containing the following i informatlonr y f (a) A map showing the boundaries of the proposed s district drawn to a scale of 1"01001; I 1 (b) A description of the cultural or archasoloSicai I Importance or value of the building, structure, site, area at 3 land being proposed for historic designation; and CO Any evidence which would show revgnttion by s either the State of Texas and/or the National Government. (3) Applications to increase the boundaries of an historic district may be made if one or norm of the following conditions are ■ets (a) When buildings, structures, sites, areas of lands of importance or value ce related to the district are raquwstsd for inclusion. f (b) Nhen facts previously undisclosed to or unknown by the landmark commission are revealed which Indicate that a particular building or $Ito is possessed of special architectural, archaeological, cultural or historical importance, or value. PAG9 19 i}~ t i (d) Applications to reduce the boundaries of an historic district may be made when one or more of the following conditions have been met: 111 (a) When it can be shown that a particular building, structure, site, area or land has no historic, architectural, archaeological or cultural importance or value to the viability of the district. (b) When exclusion of buildings, structures, sites, areas or lands is necessary for major new development that would 1.: support either the architectural, historical, archaeological, or cultural character or economic viability of the district. (c) When It can be shown that no degradation of the a district either pbysical, historical, architectural, archae- ological, or cultural will result from exclusion of property ; F fros the district. r (3) Application for inclusion or exclusion may be made. when either continued exclusion or inclusion of property within the s district would render It an economical bardhalp for reason- able continuation in its present exterior Eors. In order to 1 establish such economic hardship, the owner must show that no 6 reasonable alternative use exists which allows the exterior of the building to remain in its original style. In evaluating x economic returi„ the Commission may request the owner to document the value, rents, returns, tar burden, and/or contracts, pertaining to the property. (e) CRITERIA FOR DESIGNATION OF HISTORIC DISTRICTS. In evaluating apflicatlons for historic districts, the landmark couission shell consider Sections 2OA-3 and Section 2SA-13(d). If the landmark coutssion recomueeads the 4 establishment of an historic district or districtes it shall cause to be prepared an historic district designation ordinance which shall contain, but not be limited to, the following: s (1) A statement of purpose setting forth the :r..;.... commission's reasons for recommending designation of the district; and l FACE 20 rs ~.wti f i !y~ • y . 1 I (2) A legal description of the boundaries of the f diserlc trim, ~ (3) Maps, charts and photographs of the buildings, c'; structures, sites, areas, or lands located within the districts d in (1) Findings that support the cr[terle required is I C4 Section 28A•3 and WAS, If applicable,' that establishes the particular importance or value of the district, tser• (S) Recommendations for the protection and t " ration of the district referred to herein as diproser. strict preservation plan, (f) DISTRICT PRESERVATION PLAN, + t The district preservation plan shall include, but shalt not be limited to the followings a + (1) Zoning CliLssitication of Uses. The commission may t examine the uses existing vithin the district in terms of their / I individual and contlnued effect upon the character, safety, economic and physical impact of the district sad may recommend j ~ such changes In toning, height and area regulatloos,o (2) Building Code Requirements. The commission may t review and reconend any amendments to the building regulations t it tools necessary to preserve the architectural and historic iategrity and authenticity of structures within each such _ district. { l l c a (3) Sign Regriatlons. The Commission may review the provisions of the sign regulations that are permissible w thin each such dtstrlct and recommend such alterations In aitt, f" location, type and construction they feel appropriate, to 11 preparing ,ucb recommendstions, the Commission shall consider 13 r.,c existing slant as well as criteria for future signs, In the w' r event that an existing sign or signs ar deemed to have a i! 1s1 )n are 9e14ti•0e impeet on the character of the district, the Commission `'t" ')r may recommend a method of removal or Improvement of such sign or prt.r signs, reviewing such sign changes with owners or tenants prior to such recommendation. ) PACE 21 KI tii i ~a (4) parkin;` Aegulationr. The commission may review ri the parking regulations its existence in the district and r recommend any changes in numbars, or location of on-street and C off-street parking requirements it feels necessary to enhancs r the district. It shall renew the adequacy of parking ' r facilities in or affecting the district and say offer racom- t c mendations for such public and/a. private parking lots, garages' t 1 or structures it deems to be in the best overall interest of the district. t (S) Architectural Regulations. As a guide for thoia c seeking a certificate of appropriateness pursuant to Section r 2SA-1, the historic landmark commission mays in conformance with r the applicable zoning classification, height and area 1 limltatica, and in keeping with the significant architectural, J historical, archaeological or cultcral elements of each a%:-% = district recommend regulations affecting the exterior of the t s building, Including, but not limited to, the (ollowingt it (a) Accaptable.materials for new Construction such as w stucco, masonry, metal and glass curtain; 1 ~ r (b) Appropriate architectural character, sale and detail for new constiuationl r (c) Acceptable appurtenances to new and existing structures such as gables, parapet., balconies and dormers; c (d) Acceptable textures and ornamentation such to r paint colors and types, use of wood, atone, metal, plaster, i plastics and other man-made materials, use of shutters, wrought : and cast iron, finishes of metals colors of glass, such so i r silver, gold, bronze, smoke, load ether details or architectural ornamentation. r (e) Acceptable accessories on new or existing r structures such as light fixtures, gas lights, canopies, . rq extazls: carpentry, the or wood, banners, flits and projectional and t PAGP, 12 S a WWI ( , . ~ . Ir ailti iu f i K (f) For those properties which are sites, areas, i lends, buildings, stswetures, or vacant lots which are not of historical, arcldtectural, archaeological or cultural importance s or value, development or redevelopment may be at the ownsres discretion as long as there is no variance from the historic district preservation plan to materials, scale and detail, s appurtenances, textures,'ornamentatitn aad accessories, and the owner complies with existing regulations, In these irstan6so, no toview by the landmark commission would be required, and no j certificate of appropriateness would apply. r{ (6) Transit and Tc2tfic Operations. The commission j may review'the transit and traffic operations in and through the district and provide recommendations to the urban transportation z i department and city council on routes, schedules, one-way and i two-way street patterns, park and rise, shuttle services and ; s ;edestrien facilities that will enhance and preserve- the ' character of the district. ~ (y) Public Iiprorements. The landmark commission way t recommend to the city council ateeptsble public architectural and aaglnarfng designs including street 1lghtlag, street •i j furniture, signs, landscaping, utility taellites such as electric poles and wires, telephone liaesl design textures of sidewalks end strati, such as brick, stone and tile, and such { otter elementa as deemed necessary for enhancement and F ii 1 preservation of the district. E (g) Administrative Requirements of LoAdmart Ciamission. (1) When a historic landmark coultsion considers an r j area as a possible historic district, It shall, prior to s rendering its final recommendation and report, submit its s l report, Including the district preservation plan or any proposed i ordinance amendments to all city departremts, boards and commissions and other public agencies directly affected. (2) In addition, it shall, and prior to rendering Its final recomasndat tons make the plan available to the landownsts in the proposed district. In the event the area under PAGE 23 t ~ I } _ W... is, - I' 1►~ Olt, ' . _.a. ..1... .._..r........ t.a.~a~ 'Y Yrs. r consideration has established an historic district committee, the commission nay Include the comments of such committee in its final report. If approprLsts and desired, the commission should recommend that the city council adopt the restrictions to assure that future public invastment complies with the term of the district. (3) Commission approved medallions for designated structures within the district shall be prepared and, subject to the approval of the owners, may be affixed to the "Ii" designated structures. (h) Changes in Provisions herein, Such regulations, 1 E s restrictions, and boundaries may from time to time be amended, supplemented, changed, modified, or repeated. In cite, however, t of a written protest against such ehanges signed by the owners t of twenty percent or more either of the area of the late or land ` included in such proposed change, or of the lots or land immediately adjoining the same and extending 200 feet therefrom, ? .j such amendment shall not become effeetivi except by the favorable vote of thres•fourths of alt members of the city i council. loctlon HA41. PENAITY (a) it shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, restore, demolish, rase, ti E f or maintain any building, strut hire, or land In a historic Landmark designation in violation of the provisions of this ordinance, and the city In addition to ether remedies, say institute any appropriate action or proceedings to prevent such 1 { unlawful construction, restoration, demelltion, tatlnl, or maintenance, to restrain, correct, or abate such violation, to } prevent any illegal act, business, or maintenance in and about such premises. 1 (b) Any person, firm, or corporation violating any ~ i provisions of this chapter shall be guilty of a misdemeanor, and shalt be deemed guilty of a separate offense for each day or j a PACE 24 Sol 1y , 1 Portion thereof during which any violation hereof is committed, continues or is permitted, and upon conviction of any such violation shall be punishable by a fine not to exceed two hundred dollars, Section 21A-15. NOTICE. Any notice required. to be given under this title, if not actually delivered, shell be given by depositing the sue in the United States mail, postage prepaid, addressed to the person or entity to whoa such notice is to be given at his last known } address. When notice is required to be given to an *war or owners of property, such notice, delivered or mailed by { certified or reSistsred sill, may be addressed to such owner or i ( owners who have rendered their said property for city taste as ` the ownership appears on the last approved city tax roll. SECTION It. This ordinance shall become effectl'e Eros and after Its , date of passage and publication as required by lav. PASSED AND APPROVED this the ` day of 14 ~ 11 t F ~ CITY Of DWON, TLtXA9 ATTESTt s y a ff 43, CITY OP OEN}ON, TEXAS i, r,.'. APPROVED AS TO LEGAL FORM C. J. TAYLOR JR., CITY ATTORNEY, CITY OP DENTON, TEXAS Bye t PAGE 25 R3 owl II J11 I 4 1 ND, ? i AN ORDINANCE MIENDINC TEXAS. AS SAME WAS THE ZONING P OF THE CITY ORDINANCES OF THE A CITY Of DNTON s DOPTE 'AAS APPENDIX TO OF DENTON AHND AS SAID NAP APPLIES I ' TEXAS, BY ORDINANCEENO ODE 0~ TIS DATE ON THE OFFICIAL TAX M BELOW LISTED PROPERTY O SHOWN AND MORE PARTICULARLY DESCRIBED OF t"' CITY OF DENTON TE69 1 XAS, EFFECTIVE DATE, THEREIN{ A.VD DECLA ljjo THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: That the Tenth the 11th day of J,auarp of the City of Denton, Texas Ordinaneea of the Cit y10 1969' as an Appendix to the adopted Ordinance No. 69.1 boo f D°nt0n, Texas under I followsl , and the same ~s herebprmended ie I All the hereinafter removed from the Agricultural 'A"scDistrictrapert Zonln l+ hereby the 1lthapdaand °11 Pr0vlslons of Ordl all nance No, said Y cf Janry, 1w60, as s69•~1 ado tad simeymeanirlisproperty uaas General amended, shall pp "GR" District and Other Rah 11 Dlstrl terlq property looted in the Cenera2 Retail J 11 lthe Par Ecu arly described as follc&I D A that Certain 13,616 acre tract ` Jn the JoM WSJ of McGowan Surrey, AbstractrNoarcel of land Denton situated deed to J. Dural Kauai cordedt ineV Iuard0 of city and county p tract described in 151, Pep e 617 of the Dead Records of Dentuni ~ ct bol °Be 107 and Volume traa; f urther ' p followsi described herein byonmeCotes jndTexas; esl+t bounds I J BEGINNING for the northwest corner of s reeoededaintYolumerlDfStpiX~rn 1erU1 of of sal detriett bein to Jj burns bIS County, Texas; the Deed Record I of Denton ~ THENCE the follow 1ne Interstate 'Sashway c332, Tooth She Southwestern south 160 , east 170.owe 1S oeast llna of feet to east line of McCn 'eltl l south 16 , 116,1 feet 41, Survey gut 177. w .6 THENCE 1Un southerly ISO ed In foot d, more or r S~.J1 corneeedto p• less to the Volum, e I t1ra71,ct dPaS esacribb 601 e of C• MCW11111 a, northeast I Texan; raid Deed Records of Denio o ounty,~ THENCE south Boo 10, SO" west 960.3 feet to a 7HENC2 north go 081 „ potntl tether of tract described Inwdead 1112 feet to the Taxes; 538, Pape 338 to John Porter as recorded in Texas; of the Deed Records of Denton County, THENCE earth Oo 09+ wtst 380.3'feet to the place of bosinnlnp. I removed All the hereinafter from described Zonin the Agricultural property 1s hereb map end x11"A" District as shown on 11th day of Je.iuaevlslons of Ordinance No. Said +pP1Y to old pro art Y, 1060, as amended 69.1 adoppted the o+[ter I manner a of erp y SS Txa•FesJly "24" DIitN eilln ~t1, District and note pirtieulirllocate rtq the Two•Famf2y '2~p° y described as fo110ws( Z•1135 GEORGE IIOPXINS PAGE O.VB All that certain 4.617 Pere tract, or parcel of land situated of Denton,nTexu ;asold tractAbeingCfurther describedaheroinnby metes and bounds as follows; BEGINNING for the northeast corner of the tract being described herein, at the southeast corner of a tract described in deed to John Porter ■s recorded in Volume 538, fall S38 of the Deed Records of Denton County, Texas; THENCE south 20 .1 south line of tract describedtin4Volume 4S5, page 647 ofn said Deed Records of Denton County, Texts; j THENCE south 130 23' Soot west 320.9 feat to a point; , THENCE westerly 264.59 feet with arc of curve to right whose radius is 590 feet, chord bearing north ,780 28' g20" west 262.56 feet; THENCE northerly 371.40 feet with curve to left whose radius is 1614.16 feet, chord bearing north 60 23' IS" east 370.58 feet; THENCE north 00 It' 20" west 336.2 feet to a point in the south line of said tract shown by deed recorded In Volume 538, r Page 138 of Deed Records of Denton County, Texas; y E THENCE north 890 39' 30" east 263.9 feet to the place of r beginning. 1 3. All the hereinafter described yropertr is hereby f removed from the Agricultural "A" Dlstriet a shown on sold t tonln Map and ell provisions of Ordinance No. 69-1, adopted ' the 4th asp of January, 1969, at amended, shall ereaEter j mannertoas othperopproppe tywlocateld 11P11 District and r.ore particularly described as follows; All that evrtmin 7.232 Pere tract, or parcel of land situated In the John McGowan Survey, Abstract No. 797, City Ind County # of Denton, Texas; said tract being part of tract described in deed recorded In Volume 477, Page 61.4 showing P C. McNeill as granted; said tract being further described herein by Was and ounds is followsi i BEGINNING for the southeast Corner of the tract being described ' II! herein, at the southeast corner of said McNeill tract In the e called east line of the said McGowan Survey; THENCE south 810 40' $0" west 1043.2 feet along sold south i line to a point; g THENCE north 110 23' $0" east 320.9 toot to a } north line of said McNeill tract; point In the d THENCE north 880 40' 90c east 969.5 teat to the northeast corner of said McNeill tract; 1,IENCE south 10 52' 10" east 313.1 feet to the place of beginning. 4. All the hereinafter described ' property is hereby removed from the Agricultural "A" District as shown on sold toning Map, and all provisions of Ordinance No. 69•1adoppted the ?4th day of January, 1969, as amended shall ~Are& ter apply to sold property as Single Family 11SP•16" District in the some manner as other property located in the Single family IISF-1011 District and more particularly described as follows; 2.1435 GEORGE IIOPKINS PAGE TWO { r All that certain 36.499 acre tract, or parcel of land situated In the Jahn McGowan Survey, Abstract No. 797, City end County of Denton, Texas; said tract being further described herein by mater and bounds as follows: BEGINNING for the northeast corner of the tract being described ? herein, at the southeast corner of tract described in deed to P. C. McNeill as recorded In Volume 477, Page 604 of the Deed Records of Denton County, texas; THENCE south 20 30' 30" east 1027.2 feet to the northeast corner Of tract described in deed to Harold Harman as recorded ! In Volume 46, , Page 143 of the Deed Records of Denton County, Texas; THENCE south 980 40' 15" vast 1782.4 feet to a point; THENCE north 220 41' SO" east 400.3 feet to a point; s THENCE north ISO l3' 20" east 35.8 feet to the beginning of a curve to the left whose radius Is 1614.16 feet; i THENCE northerly 344.92 feet with arc of said curve through a central angle of 120 14' 35" to a point; chard bearing north 190 05' $9" east 344.26 feet; • THENCE southeasterU 264.59 feet with etc of curve to left whose radius Is 590.0 feet,' chord bearing south 780 28' 100 east 262.38 feet; THENCE north 880 40' 50" east 1043.2 feet to the place of beginning; 7 S. All the hereinafter described property is boreby removed from the Agricultural "A" District as a own on said ; i 2oning Map, and all provisions of Ordinance No. 69-1adopted the loth day of January, 1969, as ameaded shall hereafter apply to said property as Slagle Family "SP-16" District In the ume manner as other property located In the Single Faaily "SP-16" District and sore particularly described as follows; All that certain 72.301 acre tract, or parcel of land situated in the John McGowan Survey, Abstract No. 7970 City and County i mites ind,boundilai id tr act being further described herein by followsi BEGINNING at the southwest corner of Lot 22, block 4, Southridge, in the northeast line of Southridge Drive; THENCE the following calls along said Block 4: north $10 SO' f 20" east 135.0 test; north 380 58' 30" Bast 227.2 feet; north ISO 42' 20" ist 90.9 feet; north 27 16' SO" east 313,1 feats north 199 12' east 302,9 Gat to the east corner of Lot 128 lock 4, Southridge; A THENCE south 10 08' 40" east 445.1 feet to a point for a } corner; 1 THENCE north 490 47' 40" east 396.1 feet to center of a d proposed Ridgeway Drive; f THENCE the following calls wlth meld proposed Ridgeway Drives south 00 12' 20" east 336.2 feet; southerly 716.32 lest with arc of curve to rlht whose radius is 1614.16 feet; mouth 25 13' 20" west 35.8 rFeat to it point of curvaitnear extension of Aforementioned Southridge Drive; THENCE northwesterly 431.9 feet with arc of curve to rlgqh~ ' whose radius is 165.43 feet through a Central angle of 32 24' 20"; 2.143S - GEORGE HOPKINS PAGE TfIREE p i THENCE north 430 25' west 486.7 feet to the beginning of a curve to the right whose radius is 514.43 feet; { THENCE northwesterly 47.19 feet with arc of curve through a central angle of So 15' 20"1 THENCE north 380 09' 40" west 345.2 fact to the place of beginning. g SECTION 11, i That the City Council of the City of Denton, Texas hereby finds that such change Is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration icons other things for the character of the Ai strict and Ear its y peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human )ties, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, texas, and its citizens. SECTION Ill. That this ordinance sball be in full forte and effect j • Immediately after its passe *,and approval, the required public hearings hiving hereto[ore ~ean held by the Planning and Zoning Commission and the City Council of the city of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED thls the day of A. D. 1980. CITY OP DBNTON, TE;LAS I ATTEST: ` CITE Y~ 5 JOLT,ONT1T8SECK2T~W APPROVED AS TO LEGAL FORM C. J. TAYLOR JR. CITY ATTORNEY CITY OF OWSHN, AS I 1 j ~ I 3 J i 1 t-1435 GEORGE HOPKINS PACE FOUR ` Y y pal i N0. EAT AN ORDINANCE CRE ARTICLE y OF n+ CITYG IN A NEA SECrlON ENTITLED I'A SYSTEM FOR OF DEMrON CODE OF4.131 2 OF CHAPTER 24 YIDIMC DEFINITIONS; PROYIICNOI,VCODE OD ANCES PRIVILEGE TONING SERI t = ENDED; pwar; )RC tJlliG FOR THE PROVIDING STANDARFOR A DS FORPOfNBC tS ROTATION PRO PERdtITt . PROVIDING A SA SUSPENSION REY SUANCE LIST AND DECLARING AN SAYINGS CLAUSE OR O OCArlON OF SUCH EFFECTIVE DATE, ' PROVIDING A REPE SAID ALER CLAUSE ' THE CITY COUNCIL OF THE CITY OP DENTON, TEXAS, HEREBY P_~t ORDAINSt That the ~i Code of Ordinances Denton, Texas ]s emended, of the hereby amended b city of j 2•]31.2 of Cha y creating a prat tt, Artiele y new Section Pollee Initiated ' to be entitled 'A System I1 Toxins $orricesn for follows: +etd section to read ead as SEC11- i• DEFINITIONS For the Purposes of this phases, 'lords a section, the tolloxln nd their derivations shall t teas, herein= have the meaning given ~ . fe) fb) "City" means the City of Denton, Texas; hours Toxin`" means tawln Tuesday, ednO A g 0errlce Y, Mdn and OtO p,a b Oil Holiday not an olfi eadaCtalyo rhursdey °nd Pride whic State or P y xhieR (C) "Hook•uppf edaral hall day, eonnecuf' of the A"I!orlon end truck to the towed ain hook from the two firer ' motor Yohltle; service (d) "Nioxfht' Weekend and liolIda i l 111 service Y 7owln towing"I at all times othee tan means n daY sPerson" beans any individual orjinltat~on ottaay ,g o poratlon,flrcompaoythaot. (f) "fox Service" business of ameana a person fated whereby motor rehwOckdr or tow nS in ti removed g therwis,, fTq the direction eefex°d of oe City Police Deyyartment'bforoffieera o of f the th or motor vehie)~ dealgn°dy the uss of a wrecker fg) "Wrecked that purpose; not Capableo of oresafrefor elf•a motor vehicle Propuiston. n no-...yV M1WRHw..,rpY„y.w •C•°Me.~+m•.v.. It f w+aear~ SECTION II. POLICE ROTATION LIST The Chief of Police is hereby suthorlted to establish e rotation list of tow services desiring to provide towing services upon request of police officers, The tow services which desire t~, ne placed upon Ind remain on a rotation list shall comply with the requirements of this Article and with all other rules and regulations which may be issued by the Chief of Police regarding towing services requested by personnel of the Ponce Department. SECTION It I. SELECTION OF TON SERVICES DURING POLICE INVESTIGATIONS In ali Police initiated towing of vehicles, the operator of ~ the vehicle, if present and not Incapacitated, shall have the right to select a tow service of his choice to perform the ~ I service. It the operator of the vehicle to be towed is not ii present or Is incapacitated or has no f preference as to any F s towing service, the police officer ordering the tow shall request that the towinf service be performed by the tow service then first on the rotation list maintained in the pollee j Communications Center. Mien emergency circumstances exist which require the Immediate removal of s vehicle from the roadway, the police officer may request towing service from the tow service nearest to the scene of the emergency. A police officer may also request towing service from any company , operating large cranes or other heavy equipment if aame is necessary to remove traffic obstructions Involving large trucks or heavy equipment. SECTION TV. PERNIT REQUIRED No tow service shall engage in the business of towing vehicles it the direction of a city police officer without first Obtaining a Pollee Rotation List Privilege Permit from s the City of Denton. The annual permit fee 'shall be lwcnt;-Plve ($25.00) Dollars. F s PAGE 2 . Y!T\~+ ~yw.. gyn... '!+Ww!.r. w....r 1... . ....~..►....~.•..,.H .~..~.r..,.....~ , I i I SECTION V. APPLICATION FOR PERMIT Application for a Police Rotation List Privilege Permit 111 shall be notarized and shall be made on forms prepared and made j available by the Polite Department. The application shall I` contain the following informatlonr f (a) The name, home address and business address of each owner, part owner or partner, silent or active; (b) The business address, telephone number, night telephone number, and the location of and telephone number of any sturege area; i (c) A descrlyytion of the also and capacity of all tow trucRa used by the tow service; i (d) A copy of certificate of a Garage or i Automobile Liability Insurance Policy Insuring } the tow service owner and all hit employees ! for Ilabllity for death, bodilyy injury or property damage to third partles Sn the amount of not less than Fifty Thousand Dollars i ($50,000) for any one person and One Hundred Thousand Dollars ($100,000) for one Incident r and Twenty-Fire Thousand Dollars ($250000) for j property damage. ! (e) The application shalt be signed by each owner, j part owner or partner, attire or silent. SUCTION V1, INSURANCE REQUIRED 1 r The Insurance enumerated In the preceding section shell be required for all tow services and must be kept In effect during the period for which the permit is issued. Cancolletion of i sold Insurance without replacement Shall result in the cancel. a f lation of any permit issued hereunder and removal from the list of tow services. SECTION V11. INVESTIGATION BY CHIEF OF POLICE Within five (5) business days after receipt of each appll- 3 cation, the Chief of Police or his representative shell cause r an Investigation to be made of the applicant and of his r opetatlon. Such investigation shall be made for the purpose of verifying the Information in the application and to assure t compliance with the provisions of this Article. The lnvestl- ga2ion shall Include the following itcrost PACE 3 / M~~5..4y1/: UR+1. W-~n. V K`Yrv ♦.y n. n i _ ~ i...~\ w. I (a) That ell applicants, owners and partners are fit and proper persons to conduct or work in the proposed business and havo nevor convicted a any theft, been felon yy assault or any other crime involvlnl the taking, use, - ing with or conversion of a c,otI vehiclet.amper (b) That the tow service will use on, tow Mucks y equipped with adequate emergency igh shall be operating during any tow; lts which (c) That the tow service will respond to each call for towing services by the Police Department. 1 (d) That the requirements of all governing laws and ordinances will be net. y' SECTION VIII. ISSUANCE OF PERMIT The Pollca Deportment shall Ilium a 9 l service to the rotation list xhan~ perr.t and add a tow (a) mthe entiPolice tht preceidIn~ sectionjrms the require. (b) the insurance po)lcits as required by this t Article have been produced; and (c) the permit fee has been paid. R 77i SECTION IX. DUTIES OF POLICE ROTATION LIST Tow ( i VV4 SERVICES (a) Tow services shall maintain towing equipment ( t which is adequate to perform such service In a reasonably workmanlike menaerwiao proper equipment to tow vehicles in such a manner as to minimize any danage to towed p vehicles, as well as appropriate 044t Mont to properly remove any glass or other 1n)urious Vehicles being towedroor accident Ing which the vehicle was involved, a ) (b) that the tow serrlee will Provide twenty-four (24) hour a day, seven (7) day a week, on-call sarvicel (c) That the tow service will arrive at the location of the vehicle to be towed within twenty, (20) minutes after receiving a re uest for day towing and withi q n a raa se aft nob er receiving a le time re g request for ~ ni and halide ght, weekend i towln r f which time shall not exceedhthirty (30)eminni ent ; j (d) The tollowln8 tees are hereby established as the maxlmws which may be charged for the indicated a•rv'•.• (1) Day towla• of automobiles, 'vans pick-up trucks, motorcyclist 12S.06 (2) night, weekend, and holiday towing of automobiles, vans motorcycles and pick-up truckst 6'0,00; } PACE 4 (3) Responding to tow request by police Department where no hook-up ; is made, no charge and that tow service will returntl to first place on the ltt . (4) muse otor of doll i$10.00 towir, wrecked charge; (S) Tow involving extraordinary labor and expenses) the above maximums may be exceeded if unusual and extraordinary circumstances occur at the scene of an emergency; (b) All towing and storage chargers the11PoliceaiDepartmentteign a unusual circumstances tncludin , but not limited to, Instances [n which a charges r being flied eased without I k (e) No tow service shell arrive at the scene of a police investigation as a result of monitoring or intercepting police calls by radio tr othor device. l (f) muse t tkeps andcmaintaln if or uoner (xj )sea refrom the date of towing the fallowing recorlsl (1) The make and model of the vehicle; ` . (2) The license number of the vehicle; it (3) The date of the tow. (g) The person operatin any tow service shall )ake every reasonable e>~fort to minimltc damage to towed vehicles. Where s propriate, such , reasonable effort shall include, but Is not limited to: ` (1) use of a dolly or carriage for towing; q (2) discot.naction of the drive shaft: (3) release of brakes; (1) towing at a reasonable speed. J (R) No towed vehiel• may he dismantled, Rs.e pares removed or tires deflated except is necessary for towing. I (l) The bill for towing of any notor vehicle shall. a labortorlothertmattrials requiredeandpsay other charges. N X. EXCLUSIONS ) SEC710 d 4 This Article shall not apply to wrecker services which are not listed on the police rotation list, I i PAGE S . .,...u.Wnw.µ'.+i.i.MM~•IW M.'"r''pDM>il anHn..r~.~.o.,,n...wnr,w♦~i..~wx.r+,.••••w !+www.eww. r wry. '1 t SECTION XI. REVOCATION OR SUSPENSION OF PERMIT The Chief of police shall revoke or suspend a police rotation list privilege permit issued hereunder when he finds any of the following to be true: (a) The permit was procured by fraudulent conduct or false statement of ■ material fact or that disclosed atconcerning tte Of the application and such fact would have constituted just cause for refusal to issue said permit; (b) The peraites Illegally solicited tow or repair services at a polite investigation; (c) The permitee has exceeded the fee schedule. 9 (d) The permitee has violated any of the i requirements of this Article or any of the rules and regulations as established by the Police Department or the City Council, SECTION X1I. PERIOD OF SUSPENSION OR REVOCATION The period of suspension or revocation shall ben (a) For the first violation, not more than thirty I (70) days; (b) For the second violation, not more than ninety (90) days; (e) For the third or subsequent viostion such f period of suspension as the Chief of Police may dstermtne, including permanent revocation. SECTION 1II1. RENEWAL i The police rotation list privilege pcrait shall be valid for oe,. (1) year from the date of issuance. Each application for renewal shall contain adequate assurances that the ' I applicant continues to comply with all standa.ds, rules and regulations proscribed by this Article and all other standards, { rules and regulations issued hereunder. Such renewals shall be on a form furnished by the Poli a Department and shall Lnntatn the names of any new owners, part owners or partners and the j nemee of any new employees. SECTION X1Y. j That if any section, subsection, paragraph, sentenee, clause, phrase or word in this ordinance, or application % thereof to any person or circumstances is held invalid by any PACE 6 Aa A'v 1 1 w ww~ i court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it could have enacted such remaining portions despite any such invalidity. SECTION XV. That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent ! of any such conflict. PASSED AND APPROVED this the _ day of 19e0. i f CITY 1LE RAM HNTONj TEXAS 11 1 ATTEST: tt ITT WREMY CITY OF DENFON, TEXAS 1 APPROVED AS TO LEGAL FORM , J C. J. TAYLOR JR., CITY ATTORNEY CITY Oct DESHN, TEXAS BY: { a y PACE T t P r t t NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REMOVING PARKING ON CERTAIN PORTIONS OF PONDER AND LINDEN STREETS BETWEEN THE HOURS OF 8:00 A.M. AND 4:00 P.M. MONDAY THROUGH FRIDAY; PROVIDING FOR AUTHORITY TO TON-AWAY ANTS IMPOUND VEHICLES PARKING ON THOSE CERTAIN PORTIONS OF PONDER AND LINDEN STREETS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES OA PrATS THEREOF; PROVIDING PENALTIES; PROVIDING FOR PUBLICATION AND DECLARING AN EFFECTIVE DATE. i WHEREAS, the City Council after careful consideration of the matter and upon the recommendation of the Traffic Safety ' Commission of the City of Denton, finds it necessary and t justiiied to remove parking on those certain portions of Ponder a and Linden Streets more fully described below between the hours E of 1:00 A.M. AND 4:00 P.M., Monday through Friday in order to z insure the safety and welfare of motorists and pedestrians regularly using the said streets for travail now, therefore, THE CITY COUNCIL OF THE CITY OF DL4TON, TEXAS, HEREBY ORDAINS: SECTION I. j (a) That both the east and west sides of Ponder Street from 1 j its intersection with Broadway Street to its intersection with l the Denton Public High School fire lane/entry way shall not be used for the parking of vehicles or In any other manner be i obstructed between the hours of 8:00 A.M. and 4:00 P.M, on 1 Monday through Friday, and the Same shall be to posted with 6 Signs or markings at both by the proper authorities of the City of Denton, Texas. { (b) That both the north and south sides of Linden Street from Its intersection with Ponder Street to its intersection with Fulton Street shall not be used for the perking of vehicles or in any other manner be obstructed between the hours of 8:00 A.M. and 4100 P.M. on Monday through Friday, and the $ame shall s be to posted with signs or markings or both by the proper authorities of the City of Denton, Texas. SECTION 11. That to the event any vehicle, except an Authorited $i { d i r . emergency vehicle or police or fire vehicle, shall be found parked in or upon the certain portions of Ponder and Linden +i 13--- _.-,..,,,,,..,.tea. _.,.........w"q a ti9t=:+~f. Rt.kPt:w i.dr- -v .ro ti• I Streets so described in Section I of this ordinance, the sue shall be removed or caused to be removed by any police officer i and taken to some place designated or maintained by the police department of the City of Denton for such purpose and kept until application for redemption is made by the evner or his authorised agent or other person legally entitled to possession f ' of such vehicle pursuant to the provisions of Section 21.151 of the Denton Code of ordinances, as amended. SECTION 111. ~ x That if . any section, subsection, paragraph, sentence, ~ s clause, phrase or word in this Ordinances or application thereof ~I to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validttj of the remaining portions of this ordinance, and the s City Council 0 the City of Denton, Texas, hereby declares it i would have enat.:nd such remaining portions despite any such invalidity. 9 e SECTION IY. That ail ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are iaeen- sistent a• in conflict with the terms or provisions contained to I S this ordinance are hereby repealed to the extent of any such 1 tonElict. } SECTION Y, That is is hereby declared to be unlawful for any person to ( q park any vehicle except an authorised emergency vehicle of police or Eire vehicle on any portion of the above deserbed i streets es is posted or marked by the proper authorities of the- City of Denton, and that section 1-5 of the Denton Code of Ord.nanees, as amended, is incorporated into this ordinance as if set out in full heroin, and the penalty by fine not to exceed Two Rundred Dollars (1200.00) is applicable hereto for each separate offense. i { t SECi7~ ION YID That this ordinance shall become effective fourteen (ld) days from the date of Its Passage, and the City Secretary Is hereby directed to cau Published to the nptian of this ordinance to be twice fn the Denton Record-Chronicle newspaper of the City of Denton, Texas, within ten the official (10) days of the date of its passage, days of PASSID AND APPROYID this the 1Cg0. day of i ~ l n t CITY OP D!'W71pht T , ~ BxAS ATTSSTt ; I CSI ~OP DIDt~ '~ON~~~p APPROYID AS TO LBCAL PORN C, J. TAYLOR JR CITY ATTORNV CITY OF dliRm* io # a art r ,C .a r i r i I 1 N0, ORD CER A NINPORTlONS OP CRBSCSN7 SIIIBSi' EB ETMEXASPNA1DYiNC PARTING ON A, H. AND 1:00 P, N.. NDNDAY NOVAS OP t;60 RENOYAL OF PARTING +tNY7INS TN1t0UGN FRIDAY; PROVIDING FOR y STRE87; PROYIDiNC POR THE g ON A CERTAIN PORTION Qp PORTIONS OF fULTON SCYREB7•' YAL OA PARTING ANYTINB ONCRBESCEN PROVIDING FOR THE SSTAELISlDIBNi OF A "VI i ii ?Rom3G ONLYORIT 20NH ON A CERTAIN PORTION pp pU67ON SIRBET; PROYIO,)((; ING FOR AUTHY Tp 'MCERTA PARTING ON T1iOSE CERTAIN PORTIONS W-AWAY OF CRHSCgNPOUND YENICL83 STREETS;ING PROVIDING A ORDINANCES SSYERAEILITY CLAUSE; PR PULIOit CONFLICT pA PARTS AND OVIDING REPEAL OF PROVIDING FOR pUBLICAT10N AND DSCLARINOEOI pAOVIDING AMN p S1'FSCTIYB DAT7I83j WfEREAS, the City Council after utter and careful consideration of the w upon the recommendation Commission of the City of the Traffic Safety y of Denton, finds it mecsssary and Justified to remove parking and 4stablish regulations 86verajug nd Parking on the certain portions of Crescent and Fulton Streets S sere fully described below !n order to insure the safety and welfare of motorists and pedestrians regularly using the aid i streets fog travel and to insure ads ante :Pace for fire and polite veblcles or authorized parking i other eac Yehlcleai nor, therefore, emergency "IS CITY COUNCIL OF THE CITY OF DENTON T ! Y SECTION I. ' "AS, tilatBDY ORDAINS: f (a) That both the north and south alder of Crescent Street from Its intereeetiep with pollen street to its ction with Malone Street except cleat the South tide ofteCrescent Street fro. its Intersection with Fulton Street to a point f approximately 200 feet west shall not be used for the perking of vehicles or in any other manner be obstructed between the hours of 8s00 AM. and 4160 on MOdday through Friday, and the some shall be so posted with 11841 or markings or both b Proper sothorlties of the City of D1AtOn, Texts, y the 3 (b) That the South side of Crescent i Intersection xltb Fulton street to a Stree! from its point approximately 200 feet west Shell not be used for the psrkie k of vehi or in any Other manner be obstructed at anytime, and the samelsA 11 be z 10 posted with signs or markings or both b w authorities of the city of Diatom y the property Texas, , s tom,..,. . _ Wes, (c) That both the east end west sides of Fulton Street from its intersection with Crescent Street to its intersection with Linden Street shall not be used for the parking of vehicles or to any other manner be o4t:uc tad at anytime, and the same shall be so posted with signs or markings or both by the proper authorities of the City of Denton, Texas. (d) -That the east side of Fulton Street from its inter. section with Linden Street to its intersection with ,roadway Street shall not be used for the parking of vehicles or In any other ■anaer be obstructed at anytime, and the sue shall be to 3 posted with signs or markings or both by the proper authorities of the City of Denton, Texas. (e) That a "five minute standing only" some is hereby established on the west side of Fulton Street between the two marked crosswalks located in front of the Denton Public Nigh School mad extending from the most to the east side of Fulton ` s Street, and the same shall not be used for the parking of , t vehicles and shall be so posted with signs or markings or both by the proper authorities of the City of Denton, Texas. SECTION 11. That in the event any vehicle, except an authorlted emergency vehicle or police or flee vehicle, shall be toned parked in or upon the certain portions of Crescent and Fulton Streets so described in Section 1 of this ordinance, the some shall be removed or caused to be removed by any police *(titer 1 and taken to some place dest=nated or maintained by the police department for such purpose and kept until application for redemption Is made by the owner or his authorised agent or other person totally entitled to possession of such vehicle pursuant to the provisions of Section 24.131 of the Denton Code of 9 Ordinances, as amended. SECTION M. That it any section, subsection, paratraph, sontence, clause, phrase or word In this ardinanee, or application thereof to any person or circumstances is held invalid by any court of j competent Jurisdiction, such holding shall' not affect the i t 71 validity of the remaining portions of this :rdinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such Invalidity. SECTION IV. i i That all ordinances or parts of ordinances in forte when the provisions of this ordinance become effective which are Incon- sistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION V. that is Is hereby declared to be unlawful for any person to park any vehicle except an authorized emergency vehicle or 4 ` police or fire vehicle on any portion of the above described streets as it posted or marked by the proper authorities of the City of Denton, and that Section I.$ of the Denton Code of a Ordinances, as vended, Is Incorporated lot* this ordinance as If set out in full herein, and the penalty by floe not to exceed Two 'Hundred Dollars (;200.00) Is applicable hereto for each t separate offense. SECTION V1. That this ordinance shall become effective fourteen (14) days from the date of Its passage, end the City feerstary is , hereby directed to cause the caption of this ordinance to be published twice to the Denton Reeord•Chrontele, the official a newspaper of the City of Denton, Texas, within ten (10) days of # i i i the dace of its passage. PASSED AND APPROVED this the _ day of , 1910. J4111 MH AID][ CITY OF DjN1ON, TEXAS ATTESTi BROOKS HOLL MY UZUEMY CITY Of DENfON, TEXAS APPROVED AS TO LECAL FORM C. J. TAYLOR JR. CITY ATTORNEY CITY OF DENRN, AXAS / EY N _...»d ~.Mr.n~Yv rrw.•rr. r.,.w..:,,.....r~~.._<.-.,..... . .>.,...-..,......,wrw hp- CITY Or DENTON # MEMORANDUM f DATE OF MEETING: March 25, 1980 CITY COUNCIL AGENDA ITEM (USE EXACT WORDING AS ITEM IS TO BE PLACED ON AGENDA): s Consider an ordinance prohibiting a right turn on red for north bound traffic on Bell Avenue at Sherman Drive. SUMMARY: ~ ' At the February meeting, the Traffic Safety Support Commission voted to recommend that a right on red be prohibited for north bound Bell at Sherman Drive. They felt that sight distance and a right turn qn green arrow move- ment justified the elimination of a right turn,, ~ X 1 I FISCAL St MARYt Installation of a No Right on Rid sign. The cost would be less than twenty (520.00) dollars. There are funds budgeted in the Traffic Control Department. ACTION REQUIRRD: j The Council should approve the ordinance. ALTERNATIVES: Dtsapprove ordinance and allow right on red movement. STAFF RECOMMENDATIONS: The Staff recommends approval of the ordinance, EXNIBITSs I - Memo II - Minutes lu~ s MM+J..rMww... 'r~.rew... w.n.... ,...,..~r...~my-ty . 5 t 1 CITY OF DENTON MEMORANDUM TO: G. Chris Hartung FROM: Rick Svehla DATE: March 20, 1980 RE: No eight on Red At the February meeting of the Traffic Safety Commission, the Commission reviewed several Intersections which they felt might be a safety hazard for a right turn on red. They reviewed the intersections at University- Bell and Sherman-Bell. After much discussion, the Commission voted to recommend that a right on red for north bound traffic on Bell Avenue and 4 Sherman Drive be prohibited. The Commission decided lack of sight distance and the existeitce of a free ride on a green arrow movement as reasons for j this action. E Rick ve a j i 4 , I I i i i i I` I` MINUTES CITIZENS TRAFFIC SAFETY SUPPORT COMMISSION COUNCIL CHAMBERS, 14UNICIPAL 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 8, 1980. Motion carried unanimously. 2. The Traffic Safety Coordinator spoke on the request of Mrs. Linda i Keblinger for no parking in the 1900 block of Chestnut between Avenue 0 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 0 AND AVENmJ£ E. lotion carried unanimously. Terry requested a 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 University-Belt. Motion was made by Terry and seconded by Frady to MOVE STOP BARS BACK AND PAINT STkIPES AT THE INTERSECTION OF UNIVERSITY AND BELL. Motion was unanimous. Motion was made by Terry and seconded by Hartney TO RESTRICT RIGHT HAND TURN ON RED ON NORTH BOUND TRAFFIC ONLY, AT 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 y taken. 6. Under new and pending business, the Highway Department asked the Commission to consider re-routing 77 and 377. They proposed to continue north on Locust to University to Sherman then west on 3 Sherman back to Elm. They recommended that 377 continue on Carroll Boulevard all the l way to University and east out of town on University rather than using Old Ft. Worth Drive and Locust as they do now. Motion was made by Keener and seconded by Frady TO ACCEPT THE PRO- 33 POSAL OF THE HIGHWAY DEPARTMENT FOR RE-ROUTING 11 AND 377. Motion f carried unanimously. Meeting adjourned at 2:35. . w nP 'i 'n..3,a.w.M~ sa A,.Iw r .n . .e......... . a..v u.-.p. I I r I ti' 4 .,.a.~.`i....r . ..k•,'+~I'1; i' i~wiY*~yFYa~3M r { ' N0. AN ORDINANCE OF THE CITY OF DENTON TEXAS, PROHIBI-MG A RIGHT INTERSECTIOTURN ON RED WITH NSHERMAN~DRIVE- _PROYIDINGL A V SBVERADILITY CLAUSE• PROVIDING FOR REPEAL Of CONFLICTING ORDINANCES OR PARTS THERBO~I PROVIDING PENALTIES; PROVIDING FOR PUBLICATION AND DECLARING AN EFFECTIVE DATE. WHEREAS, In the interest of safety for the vehicular and pedestrian traffic In the City of Denton It is desirable to 1r, prohibit a right turn in red for northbound traffic on Ball Avenue at its Intersection with Sherman Drive. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SBCTIQM X1. That right turns en a steady red signal shall be prohibited at the intersection of 1e11 Avenue and Sherman Drive ,for northbound traffic on Bell Avenue, and notice of the sale shs11 ' be posted by the proper authorities of the City of Denton. SECTION it. That if any section, subsection i paragraph, sentenea, clause, phrase or word in this ordinance, or application thereof to any person or eircumstancos is hold invalid by any court of coapstent jurisdictlon, such holding shall not affect the validity of the retaining portions of this ordinance, and the 4 City Council of the City of Denton, Texas, hereby declares it `f would have enacted such remaining portions despite any such ' UI Incaildity. ? SECTION III. That all ordinances or parts of ordinances in fares when the provisions of this ordinance became sffactive which are facto- sisteat or in coy" •t with the terms or provisions contained in this ordinanes are hereby repeated to the extent of any such * conflict. t 1 J 4 n[:a..nr r.,he ~n ~..r....,... ......rue v,raµMar~ WWI f SECTION 1Y. tI That is is hereby declared to be unlawful for any person to i' :r. turn right on red as is posted or marked by the proper auth- orities of the City of Denton, tad that Section 1-5 of the I I lnt, this Denton Code of Ordinances, as amended, is Incorporated into this rfr ;;cr ordinance as if iet out In full herein, and the penalty by floe ie'`i: ':;•;e, not to exceed Two Hundred Dollars ($200.00) is applicable hereto s for each separate offense. SECTION Y. r p - That this ordinance shall become effectlye fourteen (it) days froi the dote of its pasta=e, and the City Secretary is - a hereby directed to emuse the caption of this ordinance to be published twice In the Denton Record-Chronicle, the official ((k ( newspaper of the City of Denton, Taxes, within ten (10) days of E the data of Its paesals. PASSED AND APPA9YED this the _M day of i 1980. t a CITY OF Di TON, TEXAS ATTESTt CITY OF DEMON, TEXAS CPFJOiTAYLOR JR80 CITYkATTOhNEY CITY OF D1Dt'faN. 7~XAS syt . ;C CITY OF DENTON MEMORANDUM DATE OF MEETING! March 25, '19W CITY COUNCIL AGENDA ITEM (USE EXACT HORDING AS ITEM IS TO BE PLACED ON AGENDA)! Consider an ordinance prohibiting parking on Chestnut between Avenue E and Avenue E, 51JMMARYt The Traffic Safety Commission reviewed a request for removal of parking on 1900 Chestnut from Avenue D to Avenue E at the request of a resident. The Commission recowends removal of parking on both sides of Chestnut in the 1900 block because t of the narrow width of the street and projected increase in traff;c. I ti FISCAL SUMMARY: E Approximately six to eight No Parking signs need to be installed at a cost,of approximately twenty-five ($25.00) to thin able in the Traffic Control bW9et, y {$30,40} dollars. Funds are avail- . ACTION REQUIRED! The Council should pass the ordinance. f ALTERNATIVES: t leave as is. STAFF RECOMMENDATIONSt a The Staff recommended approval of removal on at least one side of Chestnut and feels that there are sooe beh fits for removal of parking on both sides. } , l EXNIBITSt i - 11 MMemoinutes ' I t I I MOTION: SECONDED: ACTION: i J CITY Of DENTON I MEMORANDUM TO: G. Chris Hartung FROM: Rick Svehla DATE: March 20, 1980 RE: No Parking in the 1900 Block of Chestnut from Avenue D to Avenue E { This request was brought to the Commission's attention by a resident on Chestnut. The commission notified all the residents and land owners in the area and received one reply in favor and none in opposition, After a discussion, the Commission voted to recommend no parking on both sides of the street. Theyy decided the narrow width of the street and a projected increase in traffic because of the new hyper building as reasons for the action. i Rick ve a 1 r r 3 4 i t I p~ I f Traffic Safety Minutes March 12, 1980 Page Two 4. Burt Solomons spoke on the matter of parking regulations in the downtown business district. Motion was made by Robinson and seconded by Wilson FOR THE STAFF TO MAKE A STUDY OF THE ENTIRE DOWNTOWN AREA ON THE SQUARE CONCERNING PARKING AND WHAT ORDINANCES NEED TO BE WRIT- TEN. Motion carried unanimousl,r. 5. The Traffic Safety Coordinator spoke on removing parking on Chestnut. Motion was made by Terry to recommend to the Council to REMOVE PARKING ON CHESTNUT IN THE 1900 BLOCK BETWEEN AVENUE E AND AVENUE D ON THE SOUTH SIDE ONLY. Motion died for lack of a second. New motion was made by Wilson and seconded by Robir.on to recommend to the Council that PARKING BE REMOVED ON BOTH SIDE: OF THE 1900 BLOCK OF CHESTNUT BETWEEN AVENUE E AND AVENUE D. Motion ;gassed with five in favor and one opposed. Meeting adjourned at 3,05 p.m. f ~ i I~ S t 1 I E t I 4 S yT „y yym~...... ..rv...,r..rrYNN.bWwV21'~M111kY1M!Yav.!.u.M4w(.. r.n ..e~ ..nr ..suv.."rMisYyry. i L A. I I NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REMOVING PARKING ON BOTH SIDES OF CHESTNUT BETWEEN AVENUE E AND AVENUE D; PROVIDING ORDINANCESIOR PARTS U7SIE BOF1 PROVIDINGR PENALTIES; F PROVIDING CONFLICTING FOR PUBLICATION AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS: SECTION I. That both sides of Chestnut Street from its intersection with Avenue a to its Intersection with Avenue D shall :tot be used for the perking of vehicles or In any manner obstructed at 'i anytime, and the same shall be so posted by signs or markings or both by the proper authorities of the City of Denton, Texas. SECTION It. That if any section, subsection, paragraph, eenteea, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not effect the { validity of the remaining portions of this ordinanee, and the City Council of the City of Denton, Texas, hereby declares It would have enacted such remaining portions despite any such Invalidity. . MUM-1 Utl That all ordinances or puts of ordinances in fore* when the provisions of this ordinance become effective which are lacon. a sisteat or In conflict with the terms or provisions Contained to this ordinance are hereby repealed to the extent of say such Conflict. J SECTION IY, 3 That is to hereby declared to be unlawful for any person to } park any vehicle except an euthori wd emergency vehicle or police or fire vehicle on any portion of the above described attests es 1s posted or marked by the proper authoritiae of the City of Denton, and that Section 1•E of the Denton Code of Ordinances, is saendod, is incotporsted into We ordinance as i It set out in full herein, and the penalty by fine not to arceed 4 Two Hundred Dollars ($100.00) is applicable h u oto for each separate often m t r' 1 , SECTION V. That this ordinance shell become effective fourteen (11) days from the date of its passage, and the City secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Ascord•Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1110. i BUT MASO CITY OF OWON, TEAS • N ATTESTi f 00 CITY of DBN{ON, TB7fA3 S APPROVED AS TO LEGAL PORN m C. J. TAYLOR JA. CITY ATTORNEY CITY OF DENTbN, 4W y lye i ' i 1 , t y. I "OKI i i CITY OF DENTON MEMORANDUM i DATE OF MEETING: March 25, 1980 ~I CITY COUNCIL AGENDA ITEM (USE EXACT WORDING AS ITEM IS TO BE PLACED ON AGENDA): Consider an ordinance amending an ordinance prohibiting the use of wood shingles on all structures to allow for an extension of the effective date. SUMMARY: See attached memo. i j FISCAL. SUMMARY1 - No cost to the City of Denton. S t 4 ACTION REQUIREDi Council would need to pats the ordinance. ALTERNATIVES: 1 All the ordinance to go into effect as written. I STAFF RECOHMENDATIONSt q The Staff would recommend thAt an additional time period be given to the 3 builders to allow them to use up any wood shingles that they have on hand, axxlglTSt 1 - Memo 15 it- Ordinance e may,,,.....,.. ~.t S MOTION, SECONDED: ACTION:- i E I t I III I i { br CITY OF DENTON MEMORANDUM TO: G. Chris Hartung FROM: Rick Svehla DATE: March 20, 1980 RE: Passage of the elimination of the use of wood shingles in the City of Denton At the Council meeting on March 4th, the Council voted to eliminate use of ;rood shingles totally in the City of Denton. The Staff has submitted a recommendation from `,he Building Code Board limiting the use of shingles to the use of treated shingles to single family structures only. This ordinance was written to take effect within 14 days after passage. Since treated shingles or treatment of shingles could be obtained by builders, the Staff saw no problem of putting the ordinance into effect in 14 days. i + When the Council voted to eliminate shingles all together, I did not remember } the provision of the ordinance requiring it to go into effect in 14 days. This requirement would cause some hardships to builders that have begun construction of new houses if they contemplated wood shingles. In many J cases, permits have been issued approving wood shingles before the ordinance takes effect, however, the houses may not be far enough along to allow for the roofs to be shingled before the ordinance is to take effect. Since in all probability the builders have already bought the shingles for these l ' structures, it would cause a hardship for them. In some cases, if a builder ' was contemplating buildingg several houses in the next several months, he may have bought shingles in advance for this contemplated construction which j would cause an even greater hardship. Therefore, the Staff felt that we should at least advise the Council of this f problem. The Attorney has prepared an ordinance which provides for a longer period of time before the ordinance would take effect. This ordinance would ? then allow the builders to use the shingles up or complete the houses that they have started or contemplated building without any undue hardships to the builder. 14 00 : Rick ve a .a,_4lpN'..,...-. ..,..-....e••v,µ vwawx e...pn.m.'s.-na„.o- M { N0. AN ORDINANCE AMENDING ORDINANCE NO. 80-20 PASSED AND APPROVED BY THE CITY COUNCIL REGULATING ROOFING MATERIAL AND PROHIBITING WOOD SHINGLES BY AMENDING SECTION II TO PROVIDE FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 6 SECTION 1. Section 11 of 6rdinance No. 10-20 passed and approved by the City Council on the 4th day of March, 1980 is hereby amended so the some shall hereafter read as follows: "Section It. This ordinance shall become effective on the day of , 1980." x PASSED AND APPROVED this the day of 1980. 1 ~ Y i CITY OF DiNTON, TEXAS I ATTESTt 17010IP110 TT, C, TB~iTY'3UCKBTAR j APPROVED AS TO LEGAL FORM } C. J. TAYLOR JR. CITY ATTORNEY CITY OF DENTbN, TkXAS J BY: i ~ I WOW J ` T o a 3w ,yew t~ i•.v rL y~~~'y!•~ i` ~ a` Rr~~r"R:!'€ 'p~t~ni • i.. 1 , h o'! ~ {Y+i r~i,.C5 .n~.~.••yi Ai ~it j L r y .~~"1'~~j ` .+•'.'..J.awa.b•4i w~Lai'1GG14.~,i1~a ~•fi«e."., RESOLUTION AUTXOgleINO THE MAYOR Or THE CITY OF D TO RXECUTB FOR AND ON BegALr AOREENENTB WITH ENTON THREE ELECTRICAL POWER LINE CRO65IN0 COMPANY. THE "C"SONr TOPEKA AND SA•YTA It RAILUAY i EE IT RESOLVED BY THE 'r 'OVW" Or THE CITY OF DENTON, TBX%al rS~ON . rho Mayor Is hereby authorized to execute on behalf of the city of Denton$ Texas three electrical power lIn* crossing agreements deeigna,ed as XI454, XI49S and X1160' a co being attached hereto ~ PY of each ; nd mode a part hereof for all purposes. f PASSED AND APPROVED this the day of f A. D. lseo. l - J I CITY Ol D"Ar TEXAS 3 f I ATTESTS 9 Cla" L '4'd77E1FY R j CITY 0► D~Bp~TON~TEXAS i ~ !I y AS Tb MAY. FORA C. PJ# TTAAYW'tt All CITt ATTOAXJY CITY Ol DOWTOg, TEXAS i f BYi I k v r I "•~w,..a>+RHfI✓I.,Yii.ilw.hte 9s e.~«s«,. 1 i i L t RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE FOR AND ON BEHALF OF THE CITY OF DENTON ONE ELECTRICAL PCNER LINE CROSSING AGREEMENT WITH THE MISSOURI PACIFIC RAILROAD COMPANY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION i. The Mayor is hereby authorised to execute on bthalf of the M ? City of Denton, Texas one electrical power ltne creasing j agreement designated as a wire line located at Mile Post 212.40, a copy being attached hereto and made a part hereof for all purposes. PASSED AND APPROVED this the day of , s A. D. 1980. V MAYOR I'll "ASH CITY OF DANTON, TEXAS ` ATTEST: t CITY 00 DE4R N, TEXAS APPROVED As TO LEGAL FORM C. J. TAYLOR, JR., C117 ATTORNEY CITY OF DENTON, TEXAS BY: r I I i i li r Ate t~ R B S 0 L V T I 0 N - v WHEREAS, the City of Denton has notified all the bankin institutions within the City of its intent to receive bid applications for the custody of City funds for a term ba;inning on October 1, 1979, and ending on Septeaber 30, 1911; and WHEREAS, the City of Denton has received bid proposals from banking institutions within the City desiring to be designated as a depository of City funds; and WHEREAS, the said bid proposals were opened on the 11th day of September, 1979, and examined by the City Council; and 4 WHEREAS after such opening the City Council found on the basis of tie bid pproposals that First State Bank of Denton, Texas had subaitted the proposal offering the most favorable terns and conditions to the City for the handling of such funds; j and WHEREAS the Resolution passed by the City Council on I~ September Is$ 1979 designating the first state Bank of Denton As the depository of Cityy funds Incorrectly recited the termination date to be September 30, 1910; NOW, THEREFORE BE IT RESOLVED IT THE CITY COUNCIL OF THE CITY OF DENTON, R AS: SECTION I. The Depository Resolution passed and approved by the City Council on the 11th day of September, 1979 designating The First State Bank of Denton as depository of Cit funda Is hereby } amended so that the first subparagraph 1 sball hereafter read as r follows: 1. That The First State Bank of Denton, Texas is t hereby selected and desigaated as the depository for City funds for a term beginnin on October i 1, 1979 and ending on September 30, ?9116 it SECTION 11, S { That this Resolution shall become effective immediatwj. upon its passage and approval PASSED AND APPROVED this the day of , s . t CITY OP DI ON, TEXAS 4 ATTEST. t t CITY Oo DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR JRAX CITY ATTORNB'f CITY OF DENTdN, AS E BY: p~ I i I CITY OF DENTON MEMORANDUM March 25, 1990 Agenda Item: i Consider disposition of excess City property at 517 East Prairie Street. Summar : This property was acquir^d by the City as a result of a settlement of a lawsui'. Mr. Charles N. Davis, Jr. of Denton Concrete Company who owns abutting property is re- questing disposition. Fiscal Summary: There would be some maintenance cost associated with reten- tion of the parcel. If the property is disposed of, the City s would realize some revenue from the sale plus a nominal amount of tax revenue would accrue to the City if the parcel is returned to private ownership. I f Recommendation: i - The Planning and Zoning Commission unanimously recommends the property for disposition. The Planning, Engineering and Utility Departments have each reviewed the request and can foresee no public use for the property and recommend the property for disposition. Staff Report on the Development Potential of the Site: t The property is zoned light industrial (LI) classification. The zoning ordinance requires a 25 foot front yard setback, but does not specify a side yard or rear yard setback for user other than residential. It would be possible to con. struct a building on the lot for uses other than residential, f inasmuch as the lot is 45' X 501; a building with a maximum of 1125 square feet could be constructed on the property. a Action Requi: ed.: f The City Council needs to determine first whether to dispose of the property and second whether the property, is independently developable. Exhibits: J A) Memo I 8) Map t t { i it i I ' N f ' i 255 256 304' Property. S0 la 72 ao 46 Disposition #18 I J i i N N O N N ;F 1 r 11 7 6 4 so it ~ i 5 ae. ; 't !'so' le' n' so' aar N 3122, N 34A d 1elz3s' 24 23 22 N 25 01.6' 6d b0' ,I I' 30 4 TO 45 110 SSS ' 3 28 Zal 1 70 110 ' S s 20 zf LI I so 2.1 R 2 a ' 70, 'n 26 rn' I10' 3 !8 3 I 5 x , J 25 n , 4 !7 4 lose 4 ~24 ~ e 15.1ai6 5262 a ~ ~ a 24 s X "A-15 s ~ 23 ~ 7 ®R 245 14 7 21 8 I r ~ 13 8 ~ 20 q R 9 11 d 110 r~ 12 in ' 37. 192 131 m d 17' 10, Y 1i.1} f i ' I : C I MEMORANDUM DATE OF MEETING: March 25, 1980 AGENDA ITEM: Purchase order #42194 to Yarway Corporation j SUMMARY: t This purchase order is to Yarway Corporation for various replacement parts for the recirculation valves on turbine unit number four and cumber five i boiler feed pumps. The valves are manufactured by Yarway Corporation and they are the only source of replacement parts. i FISCAL SUMMARY: funds for this purchase order will come from the 1979-80 fiscal budget accoint number 02-51-83-39, Electric Production, Maintenance of Gen- ' erating MaJtinery. The total cost of purchase order 42194 is $4,054.39. ACTION REQUIRED: Approval by City Council. ALTERNATIVES: i i None. STAFF kECOMMENDATIONS- We recommend this order be approved and the invoice paid. EXHIBITS: Yarway invoice number 31191 in the amount of $4,054.39. 1 Tom D. Shaw, C.P'- 4 Asst. Purchasing Agent i r i I i , tr w~ 7VlTV7 tOARESPONDENCE 10; BLUE BELL PENNA. 11422 /HONE Q15) 823.2100 CABLE YAAWAY , YARWAYC0RP0RATION BLUEBELL PENNA. 19422 U.S.A. PLEASE AENIT TO '.P. O. BOX 7177-WO 170 •PI{ILAL, PA. 11117 REFERENCING OIIA INVOICE NO. AND YARWAY CVSf, CODE+ Alw~y ; ~,1 I. b+rOK! N0. IAl Cult. tOG Yo. f E L 1Y 't ,ti1,' H ;S,tY i rtfTl'. sll'il 1'r`.11lip D 12l. LC1,f I ! 1tA P 11 n:Tl ~u~ r' ~ 1 rAa T r I I 1 r 1111 (V , l' L I'. i. l+ al a 0Af lMUIlO p I?t11. l~1X 101U11,: Ic t/IUlL~ 1 MAEY D-U-N•S 1*2W762 s i PEDERAL [DENT. NO, 23.1236165 rXwt ING P E R M S. L. l L t' Imp to"A' b 4h 111W _ I Ihc(„',~,..I I,AI CUSTOMER'f REQUESifO ROUf,.. ( I .r. ~7. . I MR I arf any koa` F .r.~ 1':A 1;I lI•CT Ic~+ Il[I I Illl Cusromn I olou No. ten 04 CDMriIACT NO. lnvren •oun a Is 6! 14 M OIRf 014011 OUAMA7 O AWh IINnp cow PART NUMIEA OIaMR WIL 0rnru W"W N4lua D E B.C 1 1 P 1 10 N , ; , PRICE EACH'J ' EATEN010 AMOUNT I 1r•. f :~...at'..w .»...w...~,..,», y. l r~- I..L.+~ t a ~ )Pil1r:.L is L.N _NI > l~s 4i w~l. ~'r1?tlE''Y Y>ti ~I:[{:>, ff. ','11CY:'1:11~1I L. tI 1 ]n-1 K e llt,fi,ilC 2R334.u,. i~ t153 061551 t 2 H1 '.G1C:1lt11.'.i. G 1i+ A:,6 4, 15i 1,j1 JlU h Y YAiVl 11'ILtT 658110110 1t. APL 4655 Ws. 2u ` ' 05.1 9517:1] 2 Z AUTsF,,LL1T YdLV1 0e0&iUr12 1h AI-s; 3io1. 79.30 J ilb3 d5051,A-i1 1 1 IRIMiA,,L 3YPAa5 lILS 6 Ill I:) 1.36+4t1U 113b4 uti e £ 1 f•c, tt'z31 ILPF c I PC 1. LL a•,fl 1il k f d5} 4 4 F l1'r rl:r't1Jtf L1!1, 6 11.. r'C L 1-09; f+. 1410 44 5i ;!06614 7 1 EL. ~1.Y1,vAi V "'1, 1111•:~41-2;:'3 •j S.u 1d5G1.0 t1S13 :.'JUJ 1 t 1,1f,6, EGA4224 CPA ltr!•.(.Vo, 4) In,t CYi. 1.16 2eif1 J53 3:.~ds5 h 4 PINUEG tu1J, Life F1 6-12 It...lFC l.t'~ ~.aa r i rslGhlr.1U I N-I RE'Nit°Tb t ti1.1 1;~~F11; l'p~itLA.RPa. tfa 4,b54.39 :MAR 7 CITY Of DINT N Uwe ACCOUNTING ; Wr Rpt n IV s.r 0 . q nn,11r n Pa 0 a W UW tcWId -in M al"w~Wraw To.r .rdrr . r His is rnl~r ar Oa. ..mtn, -1, ylnft4 to 1Fi 111, N IRt tcln e.fi/pN.n1 d adr .nf n r e re+pw M.rot. TAIWAY C040RAhON 7 OUPUCATI i 11'r t E E a1.c1a jLA l 4CI' T~OF DENTON, TEXAS PURCHASE ORDER NUMBER 42194 111773644601 q/7W Moira 2117.0012 vENOOE No. DATE 2-3-80 UD NO. TERMS W.O. NO. DIUVART DATE 3-Limo"0 ACCT. NO. 02-51-33-39 :JL':l3;T l'NT~OL3tiOn SHIP VIA 14':)2 Sout`s post oa'.:tosd Suite 34 To: CITY OF DENTON Ioiistono Texas 77055 ' Steam Plant 1701 Spencer M. Denton, Texas 75201 ITEM CITYSTOCKNUM8ER DESCRIPTION OUAN. NIT PAIGE AMOUNT r Parts for Yarvay ARC valves s/n 176-1 and 176-2 b" ARC Valve 1. item 4 control head SS. type 440C 2 I 2. item 17 pilot valve 99. type 440C 4 30 item IS pilot valve nut $3. type 4400 item 19 cascade piston SS type 4400 I I item 20 cascade seat busbing SS type 440C 1 item 22 "0" ring EPA i xa 7. item 23 "01I ring•SPR 4 Item 26 slide ring steel 2 9. item 27 "0" ring MR Iva, 10, item 28 "0" rinS EPA 4 I ~ I 3 t t i S i i SHOW P.O. NO. ON ALL SHIPMENTS, DEIMRY TM%OS, WVDCES, ETC.. SEND, INVOICES IN OUPLICATE TO ACCOUNT! P~YAeIE. THE CITY of O£NTON, TEXAS IS QfMtT FROM SALES TAX AS PEA HOUSE BILL #M. THE CITY OF OENTON b PRONISIT£O FROM PAVINO FOR MEACHANWSE EEFORE IT 19 1 RECFIWD. ALL SHIPMENTS MUST It KO CITY OF OENTON. TEXAS, OIAFCT All INOUTAIES TO: CITY OF DENTON, PURCHASING DEPT. 216 E. McKinney BY Denton, Texas 76201 FOAM No. D11110 i I R ..t. l J~ 1 4 ` ■ I City of Denton MEMORANDUM I i i Date of Meeting: March 25, 1980 Agenda Itemr P.O. #42569 Priester Supply Co. Summarys This Purchase is for two Sectionalizers. They are type GVs 400 amp. maximum electronically controlled. They are to be used, at N.T.S.U. sub stations, for feeder lock out # Protection. Should N.T.S.U. have a major electrical pro- blem these switches will activate, locking out our feeder linos thereby protecting our distribution system. This size switches are of a single manufacture for this small ~i site and there by a single source item through Priester I Supply for the McGraw-Edison products. i The smallest site made by the competitions General Electric and Westinghouse, are of a 1200 amp minimum. Our require- v ment calls for a 400 amp maximum. Fiscal Summary: Budgeted items (02-52-92-19) i Actial Required: _ Approval of Purchase order Alternativess None, if we desire protection. Staff Recommendation: We recommend this one source Priester ~c~e be approved to Supply for McGraw-Edison sectionalizers elect- ronically controlled switches. Exhibitas Purchase Order 042564 Submitted By: John J. Marshall, C.P.M. Purchasing Agent j t f 3 . f a `fh . F 1 j M ti, CITY OF DENTON, TEXAS PURCHASE ORDER NUMBER 42569 0171382.11"1 D/FW Matra 207.Oo42 VINDOR NO. Don 3-10-80 ND NO. none TIM km No. nOh@ Priester Supply DEWEIY 0411 ACCT. NO. . P-O- Box 5507 02-52-92-19 Arlington, Texas 76011 swPVI. To: CITY OF DENTON Ray Wells Pole Yard Spencer RD. { Denton, Texas 76201 ITEM CITY STOCK NUMSER (DESCRIPTION gUAN. NIT TRICE AMOUNT { i 1 sectionalisers 2 ,138.00 6,276.00 McGraw-Edison, electronically controlled, three phase, r manually coled Type GV 400 amp maimum, at 14.4 K.V. Cat, #K.G.V.A. E Minimum activating current 320 amps. Counts to opens 2 Memory times 45 seconds rnruch -current restaints 2X time duration for restraints 15 cycles t t 2. Pole hangers for aboves 2 103.00 206.00 I~ Un t for N.T.S.U. SUB-Stations 7 I ~ ~ Notes Please refer to P.O. 040164 dated E-1G-790 council approval 8-21-79. j~ i i y 6,482.00 i SHOW P.O. NO. ON All SHIPMENTS, DELIVERY TICKETS, INVOKES, ETC.. SEND 04VOKES IN DUPLICATE TO ACCOUNTS PAYABLE. THE CITY OF DENTON, TEXAS b ftEMPT FH0M SALES TAX AS PER HOUSE BILL 0". THE CITY Of DEMON 19 PROHIBITED FROM PAYING FOR MERCHANDISE BEFORE IT IS RECEIVED. ALL SHIPMENTS MUST BE F.O.B., CITY OF DENTON, TEXAS. DIRECT ALL TNOUIRIES 1-0. CITY OF DENTON, PURCHASING DEPT, i 215 E. NICKinnsy 8 %c i i . } Denton. Ten33 78201 FORM N0.011210 I MEMORANDUM I 1 DATE OF MEETING: March 25, 1980 AGENDA ITEM: Purchase order #42060 to Naylor Supply Co. SUMHARY: Purchase order 42060 to Naylor Supply Company is for one ID60 Pump at $3,380.25 plus $180.00 air freight charges. This pump is the heart of our sever mains. The City of Denton has two flushing trucks in service. One unit #7124 failed January lo, 1980, the second unit 47123 failed January 20, 1980. One unit, #7123, was repaired January 211 1980 and returned to service. Unit #7124 re fired a complete pump Purchase order 42060 is for this pump; Naylor is the only source sforlthe9e t replacement parts. FISCAL SUMMARY: The funds for this pump and repairs to unit #7124 were charged to I 05-98-87-02, Vehicle Maintenance Inventory and then to the department upon completion, account number 04-61-83-43. s ACTION REQUIRED: { e Approval by Council. l ALTERNATIVES: None. 3 ~s STAFF RECOMMENDATIONS: 1 We recommend this purchase order be approved. E111iIBITS: Naylor invoice and purchase order 42060. : Tom Shaw, C.P.M. t Asst. Purchasing Agent ~ e r f h SUPPLY COMPANY DATE INVOICE NO. P.0 BOX 6507 . 701 N RICHLY PASADENA, TEXAS 77506 2-21-SQ - 7fi~0Z '•'1 713 -473.6213 City of Denton City of Denton II o 215 E. McKinney H Ft. Worth Airport L Denton, Texas 16201 Hold for Pickup II~ D T Dallas, Texas oaa o+-a~ra~ nnrana++.o.a oere 6.11"0 wino vu .v.a+a wr•rw• 11 _ 1.22-80 4206 D- GCS Al QUANTITY QUANTITY QUANTITY DESCRIPTION NIT SUBTOTAL ORDERED SNIPPEQ 13ACKOADEREC PRICE v 1 1 060 Pump 39380.25 i I ~ g AIR FREIGHT CHARGES 041 L FOLL 1g0 I • i f 1 i I i TERMS NETONRECOPTOFINVOICE TAX NOTE --A SERVICE CHARGE COMPUTED AT THE RATE I OF 111A PER ANNUM ON A DAILY OASIS WILL BE ;1090 TO DELINQUENT ACCOUNTS OVER 30 DAYS. ;3,38O.2S INVOICE TOTAL No.G043 I CUSTOMER COP1 ,~g,y,n.•rvs _ ,••e•+:aYglpy.({'Mq$f-:<AM I6LIeY.YMPidAUY'~"•:ra ..n.« n i ynn , PURCHASE ORDER NUMBER 420$0 aATE 1/2/33 s10 No. ttRAU ,~T W.O. No. :vlor Pipe cleaning (;,,an., 04NERY DATE ACCT. No. -0, °ox 5::1 Z31 iurth "4C:;ev SW VA :aLrcna. ':~:;ao 7 To: CITY OF DFWTON y ^ara W~\\D%&Vk -.exa3 J, t. EC'ItOn. Texas 76201 DESCRIPTION QUAN. Not PRICE AMOUNT Td NUMBER Fump 5113 Denton 7113 a 3.3f0.25~ nv47124 broke down Jsnuarq 19. 19317, leavlag the tment only one flushing truck. Truck (7123 broke unday. J.znuar7 20, 19CO but repaired Monday January 00. Truck J7123 is in vurking order at this time, _na had loaned us an extra trailer unit ever tho nd but Le ~icv_d it ro Iond ys Janua :l sD va ft with only one truck at this ti.7e.~r;IOUld this ,4no rfe nave na standby unit, _ l s i r k i 1 IIII Lj t)( 7 i 3 , KNOW ►,0. NO. ON ALL SHIPMENTS, OELIYERY TICKETS, MYOICES ETC , SEND INVOICES IN DUPLICATE TO ACCOUNTS PAYAELE. THL CITY Of OENTON`, 1 TW11 IS UE1d!!I FROM SALES TAX AS PER HOUSC ]Ill 1204 THE CITY OF DENTON IO PROMISITEO FAOM PAYINO FOR MEACHANDISE IIEFORE IT Ib RECENED. ALL SHIPMENTS MUST It F.O.l., CITY Of DENTON. TEXAS. DIRECT ALL WOUM116 TO. CITY OF DENTON, PUACHASINO DEPT. E 21E E. McKinney yY_ i , # roRM ND,osts►D Denton, Texas 70201 r It j i ReW'6! T. MEMORANDUM DATE OF MEETING: March 15, 1980 AGENDA ITEM: Bid d 8741 Streetlights i i SUMMARY: r s Bidtlightsnumbeinr 8747threeisdforiffethe purchase of 100 Watt high pressure sodium stree rent light dl;etr;bution patterns. The bid also includes various replacement parts for the streetlights. These + lights will be used throughout the City in numerous locations, FISCAL SUMMARYt f I ~ The lights and parts are Warehouse items and will be paid for from working capital funds account number 05-98-87-08. The fixtures and parts are charged to the Electric Distribution department as they use each item. s ACTION REQUIREDi } c i Approval by Council and award of bid. s ALTERWIVES. None, STAFF RECOMMENDATIONS: t We recommend this bid be awarded to the lowest bidder, Temple, Inc. The total bid price is $14,645.50, FOB Denton, 6-8 weeks d11ivery, terms, net 30 days. A.:'OdIBITSt Tabulation sheet. Tom D. Shaw, C.P.M. Asst, Purchasing Agent E r , rill) 1 8747 HIUr Street IIg_hte - - Cummins :lectrical Nelson Prtester Star Elcc. TFmple,lnc WESCO Ol'EN_M_arch_ll, 1980 _ Supply Olat. Electric Supply Co. Products ACCOUNT 1 05-98-81-08 -F Q. -F sct~ I'oir'T- v NlTol:-_ VTAooii iiL oh' EiGUg- VEIdooT "E JUoh-"- v irFi- E:frGcli:_._. 1. 100 Streetlights It HPS - $62 25 $63.15 $63.00 N/B $62.80 $61.25 $71.05 - 2. 70 Streetlights 11-4 HPS $67.45 $68.40 $68.25 N/B $67.85 $66.25 $71.05 Streetlights 11 HPS 62.25 $63.15 $63.00, N/B $62.80 $61.25 _$70.42 - L 40 or T pe_li _ 8.25 $ 8.40 $ 8.36 NIS $ 8.25 8.15 $10.32_ S. 40 -RE1BStor TYpe I1- a 17-95 18.15 18.11 N/8 $17.90 $17.60_ $10.32 30 Re o 6t4_ _ _2. S 7.74 NIB LSIS_ 30 a l00 Wa3t9_HPS- Z6..25~ 5__ 1dL$__ 2h.g5 X26. _$34,1L_ i ARO %6 dA _ ~11Yery s42-56 dap- L5_A days rnn nonten Jkaton -Denton - -Denton .Rent Denton_~_ 1 S t y. 1 MEMORANDUM DATE OF MEETING: March 25, 1960 AGENDA ITEM: Sid d 8744, Demolition of Domino Parlor SUMMARY: This bid is for the demolition and removal of the building known } as the "old jail" or more rec~ntly known as the "Domino Parlor", located near the corner of Cedar and Pearl streets. This building must be removed and the site cleared to make room for the continued construction of the new Central Fire Station, The Domino parlor has been re-located at the Razor Heil complex. s FISCAL SUMMARY: 6 The funds for this project have been allocated as part of and will come from the capital improvement bond fund for construction of the Central F Fire Station. i ACTION RE UQ IUD: Approval by Council and award of bid. ALTERNATIVES: y None. STAFF RECOMMENDATIONS: We recommend this bid be awarded to the low bidder of Craig Olden, Inc., Frisco, Texas, in the amount of $11,486.00; requiring 20 days after { receipt of order to complete. ' EXHIBITS: Tabulation sheet. g { 04 Tom D. Shaw, C.P.M. Asst. Purchasing Agent i J KNVdAt'}~ DID 1-fi)4G #!p}( ©iD_ Demolition amino Nall) OPEN Ata h l l 1 00 PM Craig 01dei Boyd N d M ACCOUNT Inc. f Excavation Excavation -T F-TTbruffm D 1 Demolition as per bid $110486.00 _ $25,560,00 $19,881,00 - Da s ARO to Com lete Job 20 da a [0 da 44 days s - i i 1. .0., ~RY1'M u i j City of Denton Memorandum March 25, 1980 s t nda Item: Consider the final plat of Ruddell Addition, R 5u,_mnaarZ: The property owner seeks to subdivide a two ( 2) lots which are 50 feet X 150 feet lot which is 100 feet AX 150 feet into each. The Board of dfustmet approved t a 10 foot lot width variance for each of the two lots. The property owner desires i to develop both lots with single family housing. Appropriate subdivision requirements have been met. Recommmendati n: { The Planning and Zoning Commission recommends approval of the replat. The Planning, Engineering, and Utility Departments have each reviewed the replat and recommend approval. Action Reouired: s The City Council should move to approve the final replat of Ruddell Addition. Exhibits: t A) Memo 8) Map j ~ J x I ( i a F A -160310 U. ~ ~ ~ s►sr •saa ~ t I f . r ~ f., tw y 7 $ LOT ~ t ~ f J J 1aiT ~ ~ ~ k ut t I ~ 1 ~ NLST Il07 r 1 1 ' 4 rGruMy,M ~ I 4" sG u•r i r ,-w i , ~ , nuNUn~ W i 4 t xa~r. y EMERGENCY ADDENDUM s` CITY OF DEI7TON CITY COUNCIL March 25, 1980 ti 1. Consider Change Order 14 to the Airport Overlay Contract with Marriott Brothers, Inc. ~ t a l 3 n 1 1 a S 1 r f 4 i CITY OF DENTON, TEXAS DENT014 MUNICIPAL AIRPORT STRENGTIIEN AND MARK NORTH-SOUTH R=;AY ` AND RELATED TAXIWAYS CAANGB ORDER NO. 4 ~ March 21, 1980 A. INTENT OF CHAVGE ORDER The intent of this change order is to modify the provisions of the con- tract entered into by the City of Denton, Texas-and Marriott Brothers, Inc., 11300 Kline Driva, Dallas, Texas, 75229 for the construction of Denton Muni- cipal Airport Improvements, Strengthen and Mark North-South Runway and Rela- ted Taxiways, datad September 25, 1979. j S. DESCRIPTION OF CWINGE ` S 1. The work required to strengthen the north-south runway and related taxiways was lass than proposed. The net change in the items are shown be- low. d RUNWAY Item Net Change Unit Not No. Description Unit In uanEit Price Amount 1 Bituminous Surface Course, Ton -2,420.16 29.10 -70,426.66 2 Tack Coat Gal -90552.00 0.15 - 71164.00 3 Rout and Fill Joints L.M. -61000.00 1,25 - 7,500.00 4 Rout and Fill Joints L.F. -2,611.00 0.75 - 1,958.25 5 Runway Painting S.F. 0 0.25 0 6 Shoulder Grading L.S. 0 4,000 0 7 Remove Existing Concrete Pavement S.Y. + 86.00 2,50 + 215.00 a Excavation C.Y. 0 5,00 0 9 Lime Treated Subgrade S.Y. + $6.00 1.50 + 129.00 16 Hydrated Lima Tons 0 75.00 0 11 Displaced Threshole EA. 0 700.00 0 - 1 - 'a iAR9 r e>LB4.n sq r 1 1 I I Item Net Change Unit Net No. Description unit In Quantity Price Amount 12 Paint "X" on Runway EA. - 1.00 600.00 - 600.00 13 Asphalt Emulsion Gal. 0 2.00 0 14 Concentrated Herbicide Gal. + 25.00 15.00 + 375.00 is Portable Threshold EA. + 8.n0 37.50 + 300.00 1 1 16 Type "B" Asphalt Tons +281.04 29.10 + 8,178.26 17 Remove Spalls S.F. +936.00 1.00 + 936.00 18 Strobe Lights EA. + 5.00 50.00 + 250.00 i 19 Arrows EA. + 1.00 $00.00 + 500.00 + I Runway Subtotal $-76,765.65 TAXIWAYS E f Item Net Change Unit Net two. Description Unit In Ouantity Price Amount i 1 Bituminous Surface Course Tons -1,157.41 29.10 -33,680.63 1 a ~ 2 Tack Coat Gal. -4,200.00 0.75 - 3,150.00 { 3 Rout Joints L.F. -2,400.00 1.25 - 30000.00 i 4 Rout Joints L.F. -S,oJ0.00 0.75 - 4,350.00 5 Taxiway Painting S.F. 0 0.25 0 6 Shouleer Grading L.S. 0 2,600 0 7 Paint "X" on Taxiway EA. 0 315.00 0 8 Concentrated Herbicide Gal. - 25.00 15.00 375.00 Taxiway Subtotal $-44,555.63 Total Change Runway and Taxiway $-121,321.28 2. The City of Denton desires to add to the contract the strengthening of the existing aircraft parking apron with a 2-inch bituminous overlay and 1 related improvements within the limits stown on Plan Sheet NO. 22. Revise the proposed contours on Grading Plan Sheet Nos. 23 and 24 to show the new overlay pavement grade and revise the Typical Section at Station 2+50, 4+00 and 5+50 to show the revised overlay pavement thickness. On Sheet No. 22, revise the aircraft parking layout to increase the aircraft parking positions, -2- r rm resulting in an increase in the number of aircraft tiedolm anchors. The dis- tressed pavement areas have also increased causing an increase in the items of work related to patching this pavement prior to t:is overlay work. The above changes will require the following items of works AYPAN unit Item No, cription unit nuantit Price Amount Ces 1 Bituminous Surface Course Ton 3,540 $29.10 $103,014.00 a Gal. 3,040 0.75 2,280.00 2 Tack Coat 3 Remove Existing Bitumin- C.Y 160 5.00 800.00 r ous Pavement S.F. 11500 0.25 315.00 4 Apron Painting I 5 Remove ExistinI Tiedown I Anchors Delete b Tiadown Anchors EA. 147 25.00 3,f.75.00 1.50 50890.50 7 Lime Treated Subgrade S.Y. 3,927 Ton 55 15.00 4,125.00 8 Hydrated Line 9 Remove and Reset Chain Delete Link Fence . 10 6-inch Reinforced Cen- 207 24.50 7,031.50 ; crete Pavement S.Y. ` 11 Excavatio., C.Y. 432 5.00 2,160.00 MOO 240.00 EA. 3 Rods 12 Ground I ~ 1 ,200 200.00 1 13 Shoulder Gradit:g L.S. +$130,191.00 Total Changer Add Apron C. EFFECT OF CTWIGE Ott COST TOTAL CHANG81o ADO APROtf +$130r791.00 it TOTAL CAMIGE, RU"IAY AND TAXIWAY -$121x321.28 1 (includes change Order It 2 s 3) 9,469.72 EFFECT OF CHA"tGE ORDER t70. 4 ,34720 . OEtIGI4WL COtFFRACT AMOUtiT ..$735r--------- . $944,816.92 PEYI5ED COtn'EtACT AMOIr'tiT 3 ...,.'yup a1F/RF.•NLb'ii.Vf. ewl.rofl.rn. .n... t I~ j D. EFFECT OF CHANGE ON CONTRACT TIME If r Contract Tire 90 working days ' Added Time, Change Order Ho, 4 30 working days r Revised Contract Time 120 working days { E. AGREEMENT ~ By the signatures below, duly authorized agents of the City of Denton and Marriott Brothers, Inc., do hereby agree to append this Change Order No. 4 to the original contract between themselves dated September 25, 1979. / I Marriott Brothers, Inc. City of Denton, Texas Owner 1 Contractor . By By Date 710 Date . Attest Attest ! it t i i { I I -4 "^4M,/'~iM 1a~cMn~lS~?ir<•=. .Y^ii'YJuNa'::..~'...v..wan.....,. ._....«.._.awwe,N~•.