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AGENDA
CITY COUNCIL OF THE CITY OF DENTON
October 110 1980 0
BROADCAST LIVE ON KNTU RADIOS 88.6 F.M.
Special Called Meeting of the City Council of the City of Denton
' at 7100 p,m „ Tuesday, October 110 1980 in the council Chambers
of the Municipal Building at which the following items of
business Mill be discussed.
1. Diaeussion on the proposed Animal Control Ordinance. a'
2. Receive a report on the statma. of the Municipal Housing
Finance Corporation. ,.i
36 Construction of Proposed City Warehouse,
A. Approval of a resolution providing for financing 0+6
construction of Phase I a II,
s, Approval of a resolution providing for financing the
construction of Phase it. C. Approval of Bid }8600 for the construction proposed
City Warehouse.
r -
e, Adoption of an ordinance providing for pro rata charges
ll for sewer lines constructed with federal funds. (The {
Public Utilities Board recommends Approval.)
S, Consider abandonrent of a 16' easement across the rear of
lots facing Mulkey in the Meadow Oak Addition.
6. Approval of the creation of a council Audit Committee.
l 76 Consent Agenda
Itch 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
authoriser the City Manager or his designee to Implement
IE each item in accordance with the staff recommendations,
i
A, Plats
1, Approval of the final plat of Denton Bible
Addition. ;
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City Council Agenda
October 140
1490
P490 Two
9. 8xeoutive session,
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A, Legal Matters - Under Bic, 2(e), Art. 6252-17 V.A.T.B.
B, Real Estate - Under 8eo, 2(!), Art, 6252-17 V.A.T.S.
Co Peroonnel - Under $Go, 2(9). Art. 6252-17 V.A..t.e.
D. Board Appointments - Under See. 2(g), Art, 6256=17 tr t
a. V.A.T,B, I
9. Consider Board Appointments '
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CITY OF DENTON E
MEMORANDUM i
TOt Mayor and City Council I
i
FROMs Xing Cole, Assistant City Manager
{ DATEI October 8► 1980
SUBJECTi Proposed Animal Control Ordinance
You will find attached the first draft of a ;.copoeed animal r %
control ordinance for your consideration. St•.
The City Staff has held several meetings on the ordinance.
Tho result is a combination of other city, ordinances,
primarily the Clty of Garland and the City of Dallasv as we11
as state regulations of the Texas Department of health, and {
some from our existing ordinance.
does no
sting
This
er all p oble s,~sbut orit noise more extensive han~thebl exianimal --d
ordinance.
z issues presented at the public hearing a few months back were w
kept constantly in mind in this draft. Such .things &i the
graduated impoundment fee and registration of dogs and "cats
were included to give the council a chance to make a final
decision.
4 The ordinance is divided into four articles$
I. General
i
A. inclusion of provision for all animals
It. Dogs and Cate
A. Vaccination
0. Registration 1 ,
j Ill. Vicious Dogs
m impoundment
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Mayor and Council Members
October 8, 1980
Page Two
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The Animal Center, by this proposed ordinance, would be'a
center of activityy under the Police Department. The draft
was also written in such a way as to allow for growth in tho
department.
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Attachment
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TABLE OF CONTENTS
PAGE a
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SECTION 4-1. DEFINITIONS I !
SECTION 4-2. ANIMAL CONTROL CENTER ESTABLISHED 2
i
SECTION 4.3. ENFORCEMENT 2
SECTION 4.4. AUTHORITY TO KILL, IMPOUND, OR
j DESTROY ANIMALS 2 I
a
SECTION 4-S. CONFINEMENT OF ANIMALS BY INDIVIDUAL 3 j
' SECTION 4-6. STRAY ANIMALS 3 s
SECTION 4-6.1. SAME- nUTY OF OFFICERS TO IMPOUND 3
SECTION 4-7_ BREEDING OF CERTAIN ANIMALS PROHIBITED 3
r SECTION 4.8. HERDING PROHIBITED 3 j
SECTION 4-9_ KEE.lNG OF CERTAIN STOCK 3
SECTION 4.10. ENCLOSURE REQUIRED IN KEEPING
CERTAIN ANIMALS 3 7
SECT10N 4-11. KILLING OF BIRDS '4
SECTION 4.12. NJURING CAPTURING OR KILLING
ANIMALS AND FOWL ON PUBLIC PROPERTY 4 t'
SECTION 4.13_ KEEPING OF FOWL 4 l'
SECTION 4.14. PIGEONS 4
SECTION 4.1S. SAU OR COLORING OF CERTAIN ANIMALS 4
SECTION 416. PERFORMING ANIMAL EXHIBITIONS S
SECTION 4.17. ABANDi1NMENT OF ANIMALS 5
SECTION 4.18. PROHIBYTBD ANIMALS; PERMIT S
SECTION 4-16,1. REVOCATION S
SECTION 4.18.24 APPEAL FROM DENIAL OR REVOCATION 6
SECTION 4.19. ANIMAL NOISE, WASTE; KEEPING OF BEES 6 s
SECTION 4.20. INTERNAL PROCBDURE FOR ANIMAL
COMPLAINTS UNDER SECTION 4.19(4) 7
SECTION 4.21, REPORTING ANIMAL BITE ANIMAL UNDER
QUARANTINE, RABIES SUhPECT 7
SECTION 4.21.1. ANIMAL QUARANTINI3 8
SECTION 4.21.21 DISpOSI~UARANTIN$, CONFINEMENT, 8
SECTIONS 4.22/30. RESERVED 9
SECTION 4.310 VACCINATION 9
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SECTION 4.32_ REGISTRATION PER REQUIRED; FEE 9
SECTION 4-32,16 REGISTRATION TAG 10
SECTION 4-33. OLLECTION OF REGISTRATION FEB BY
ICENSED VETERINARIANS 10
I SECTION 4-34. SAME-SERVICE CHARGE FOR COLLECTION 10
SECTION 4-35_ SAME-SUPPLIES,, ACCOUNTING PROCEDURE_ 10
SECTION 4-36. RELEASE OY IMPOUNDED DOGS AND CATS; PE1S 11 =4
SECTIONS 4-37/40_ RESERVED 41
SECTION 4.41. VICIOUS DOG PROCEDURE AND HEARING 11 f
SECTION 4.42, APPEAL FROM ORDER
SECTION 4-43. FAILURE TO RELEASE DOG i2
+ SECTIONS 4.44/SO. RESERVED 12
SECTION 4-51. IMPOUNDANT FEES. 12
SECTION.4.52. IMPOUNDMENT !RECORDS 13
SECTIONS 4-S3/60. RESERVED 13
s?{
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4603
PROPOSED ANIMAL CONTROL ORDINANCE (0/24/80)
'
ANIMALS
ARTICLE I. GENERAL
SECTION 4.1, DEFINITIONS
In this Chapter the following definitions shall apply
unless clearly indicated to the contrary: i
1. "Chief of Police" means tho head of the police
department or his authorized representative.
2. "Animal Control Officer" means the person or ?Or the
d signated by the Chief of Police to represent and act for the ,
C ty of Denton in the impoundment of animals,', controlling of 9
stray animals and as otherwise required in this chapter,
3, "Owner" means any person who has title to any ani:q~,1,
harbors or keeps any animal in his possession, or who permits
any animal to remain on or about his premises. ,
4. "Person" means any individual, corporation, or,.
association, t,
j S. "Possession" means actual care, custody, control `or'.
management.
r 6, "Public Place" means any place to which the ppublic or s., R
substantial group of the public has access and includes,,but is a,
114.5
not limited to, streets sidewalks hi,hways, 'alleyways, parka,
and the common areas of schools$''hospitals,:apirtment houses,
office buildings, transport facilities, and shops.
y, "Anima l"$ unless- otherwise stated, includes birds,
fish, mammals texcluding human beings), ano reptiles,' r
84 "Stray" means to wander upon a public place or the
property of another person.
9, "Vicious Animal" `means any animal which without +
j
reasonable provocation attacks other animals, or has bitten or
physically attacked a human being.
i
104 "Prohibited Animal" means an animal not normally
considered domesticated, ' including but not limited to the
following:
~a) Crass Reptilia: Family Holodermatidea- (The
Venomous Lizards); Family Vippetidae
(Rattlesnakes, Pit Vipers and True ,Vipers);
Family Elapidae (Coral Snakes, Cobras and
Mambas); Family Colubridae • bispholidus typos-
Boigasldendr'ophilaag(Manggoves Snake)r only; Order
Pnldla (Racers, Boas, Water Snakes, and ,
Pythons); Order Crecodilla (Crocodiles,
Alligators, Caimans and Gavials};`
(b) The following embers of the Class Aves: Order
Palconif rms Isuch as hawks, eagles an'd
vultures,) and Subdivision Ratitae (such as
ostriches, rheas, cassowaries and emus); :a
(c) Class Mammalia: Order Carnivora Family Felidee
(such ns ocelots, margays, t1gets, jaguars,
leopards and cougars), except commonly accepted
PAGE 1 , N
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domesticated cats; the Family Canidee (such as
wolves Bingos, coyotes and 'jackals), except
domesticated dogs; Family Mustelidnel (such, as
weasels martins, mink badgers); Family
Procyon1dae (racoon); 'Family Ursidas (such as
bars); and Order Marsupialia (such as kangaroos
and common opossums); Order Edentate (such as
sloths, anteaters, and . armadillos); Order
Probos'cidoa (elephants); Order Primate (such as
monkeys, chimpanzees and gorillas); Order
Rodentis (such as porcupines); and Order
Ungulate (such as' antelope, deer, bison and
i
camels).
Prohibited animal does not mean a psittacine 1
i bird, canary, finch, hamster, guinea pig, ;at,
mouse, gerbil, or reptile familias
Loptotyphlopidae and Colubridae,
11. "Premises" means the grounds and, all buildinggs and
appurtenances pertaining to the grounds, including ay adjacent
! promises if they are directly or indirectly under the control . +
of the some person.
i SECTION 4-2. ANIMAL CONTROL CENTER ESTABLISHED
The City Council shall select 'and 'dW abiish facilitles in
the City of Denton for impoundments maintenance, and
destruction of stray, diseased, or vicious animals,
SECTION 4.3, ENFORCEMENT
1, Enforcement of this ordinance shall be the'
responsibility of the Chief of Police. s
2.. The Animal Control' Officer shall have 'the authority to L
issue citations for shy violation of this ,ordihince,
.a
(a) it shall be :unlawful for any person upbn bekg
issued a citation to intentionally or knowingly ;
give the Animal Control Officer other than phis
true name and address.
(b} It shall be unlawful to intentionally. or knowingly
fail to appear in accordance with the terms of It
citation issued by the Animal Control Officer.
3. If the arson being cited is not present the Animal
Control Officer may send the citation to the alleged offender
by certified or registered mail, return receipt requested.
4. It shall be unlawful for any person to intentionally or
knowingly interfere with the Animal Control Officer 'in the
performance of his duties.
SECTION 4-4, AUTHORITY TO KILL, IMPOUND, OR DESTROY ANIMALS
The Chtef of Police is authorized to: i
1, Kill an animal which poses an imminent danger to a
person or property and a real or apparent necessity' exists for i
destruction of the animal;
2. Impound an animal which is diseased and endangers the
health of a person or another animal;
3. Destroy' an im ounded animal at the Animal Control
Center if the Animal Fontrol Officer determines that recovery,
of the animal from injury, disease, or sickness it In serious
doubt,
PAGE 2
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SECTION 4-5_ CONFINEMENT OF ANIMALS BY INDIVIDUAL
If an animal is found upon the premises of another, the
occupant of the premises may confine the animal. . Within' a
reasonable time after confinement, the occupant shall notify
the Animal Control Center, and the animal shall be impounded.
SECTION 4-6. STRAY ANIMALS
An owner of an animal commits an offense, without to ard`to
his mental state, if he fails to restrain the animal in a
fenced yard, enclosed structure, or by a leash and the animal ;
strays. a
SECTION 4-6.1. SAME- DUTY OF OFFICERS TO IMPOUND j
The Animal Control Officer is authorized to impound any
animal which strays in the city and may impound any animal
which has been confined under Section 4-5 of this chapter. In ~
the event a stray animal is on private property, the impounding
officer may enter the property for the purpose of impoundment
or issuanca of a citation, or both.
SECTION 4.7. BREEDING OF CERTAIN ANIMALS PROHIBITED
It shall be unlawful for any person to intentionally or
knowingly keep for breeding purposes or employ for breeding
urposes any jack, bull, stallion, ram, he-goat or other
livestock within the city,
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SECTION 4.8. HERDING PROHIBITED
It shall be unlawful for any person to intentionally or
knowinglyy move herds of snimais along or upon any public place'
in the Cityy .except that this section shall not be applicable
to any officer,` agent or employee of the federal state or
local government if such herding is done in the performance of }
his official duties. f
SECTION 4.9, KEEPING OF CERTAIN STOCK
Hods, it shall be unlawful for any person to intentionally
or knowingly 'feed, breed or keey any species of 'swinb' in ahy
lot pen,.building, stable or Mar enclosure in the city, any
park of which lot, pen building "stable or other enclosure'is
nearer than one thousand (1,000) feet to any occupied building.
Other Animals, It shall be.unlawful for any person to
intent onay: or knowingly feed, breed, stable, pasture or keep
any cow, goat, horse, mule, donkey or sheep In any lot, pen
building, stable or other enclosure in the city, any part of
which' lot,, pen, building, stable or other enclosure is within
two hundred (200) feet of any occupied building.
r SECTION 4.10, ENCLOSURE REQUIRED IN KEEPING CERTAIN ANIMALS
(a) Site of Lots. It shall hereafter be unlawful for any a
person fo`Tnf'eniionally or knowingly stable, .pasture, feed,'
ti
breed or veep any hog, p!g, cow, goat, horse, mule,. donkey or
sheep in any lot, pen, bu31ding stable or other enclosure in
the cityy, smaller in site and Dimensions than is required by ~
the following specifications!
For one cow, sheep, oat, horse, mule, do»key, hog or
pig, a lot, pen, ufidin or other enclosure of not
less than Four hundred 400) square feet' shall be a
required, For each additional cow, sheep, ggoat, mule, f
donkey, hog or pig, in anyy such lot,'pen, buildin o 3
ot1;'er enclosure an additional four hundred ( 00
square feet shale be required,
PAGE 3 #
(b) Manure Boxes. Each and every lot, pen, building,
stable ox of er enclosure in the city in which any of fade
above-named animals or other related species are kept, not red or h bred, stabled t4)tfeet squ rou and not llless v shalthl ay t be
h ee (3o)xfeet I vow
less than four deep in which all manure and droppings placed each
day. Bach suet box shall be securely screened or otherwise
protected from flies, vormin and rodents and each
thoroughly cleaned out and disic crd stgckl manurentn open
week. It shall be unlawful to pile stacks in the city.
SECTI__ OK_4'l1. KILLING W BIRDS r
It shall be unlawful for any person to intentionally kill,,
bird whatsoever within the city limits
'
wound, maim, cripple any
without the permission of the City Council, save and except the
English sparrow, woodpeckers and birds of prey.
SECTION 4.126 •INJURINGj CAPTURING OR KILLING ANIMALS AND
FOWL ON PUBLIC PROPERTY k
Except as may be otherwise provided in this chapter, ,it
shall be unlawful to intentionally or knowingly interfere with,
injure, capture or kill any squirrel$ sbir t oro other pudic
an mat withit► any ppublic park, driveway
property of the city except by permission of the City Council;
3 provided, that this section shall not apply to harmful rodents,, J
reptiles or insects
SEC___-_TI_ ON 4-13_ KEEPING Or FOWL
it shall be unlawful for any person to intentionally or
chicken turkey, $ i i
heasantY.reothery &ame fow 'in any fendedgya rd orf end osure led ?
pheasant o
part of which is within two hundred (200) feet o any occup
dwelling in the city.
SECTION 4.14 PIGEONS who os a pigeon
a It to intentionally allow nthefpigeon ton strays in the ity,
a defense to prosecution under 5ubs6ction (a);of
(b) It is
this section that the bird was an Antwerp Messenger, ho~uing,'or ,
carrier pigeon and was identified or marked as the owner's
property.
(c) It shall be unlawful to have more than twenty-five (25)
pigeons on any premises within the city, r
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j (d) it shall be unlawful for any person to keep the
enclosure in which such pigeons are .confined in such a manner
so as to give, off odors offensive tar ptcsbons reed droattrAcL
sensibilities residing in the vicinity, allow such ti
flies, mosqu cause onsiderable X noise into the oannoyance and
pigeons to use
discomfort
erijortnt ofsurrounding their
property issdisturbed ore in any,manuer
and d enioyoie otnerwiso create a
to. endanger the public health or safety, or
public nuisanca,
SECTION -4.15, SALE OR COLORING OF CERTAIN ANIMALS
r an person to selir offer for
or other'Eowi,
(a) it shall be unlawful fo P
sale e~tctiange or give away aou gercthan eightiweeks of age as a
younger
rabbit, 'or aquatic turtle,
toy, premimum, novelty or pet unless the. manner or method of
display Is first approved by the Animal Control officer.
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(b) It shall be unlawful to color dye, stain, or otherwise
Changge the natural color of. any chickon, duckling, other fowl
rabbit, or aquatic turtle or to possess for the purpose' 'a1
sale, exchange or to be g1ven away, any of the abovewe"nttoned
animals which have been sotcolored.
SECTION 4.16. PERFORMING ANIMAL EXHIBITIONS
`(a) No performing animal exhibition or circus shall be t
permitted in which an animal is induced or encourage?.' to
perform through the use of a chemical, mechanical, electrical,
or manual device in a manner which causes, or is likely to
cause, physical injury or suffering.
(b) All equipment used on a performing animal shall fit 3
properly and be in good worklag order.
SECTION 4-17. ABANDONMENT OF ANIMALS
{a It shall be unlawful for any person to knowingly
abandon any animal within the city. Any person violating this {
section shall bear full cyst and exppenses incurred by the city
In the care of said abandoned at,imal and said person shah
reimburse to the city all costs therefore as determined by the
Animal Control Officer.
(b) It shall be unlawful for any person to knowingly
confine or allow to be confined any animal in a motor vehicle l•
or trailer under Such conditions or for such periods, of time 'as
may endanger the health or well-being of the animal due`,to
heat, lack of food or water or any other circumstances phi'ch ,,t '
might cause suffering, disability, or death. If the Animal
Control Officer or any police officer of thb city, has,
reasonable grounds to believe that an animal is in a; motor r;
vehicle or trailer under such circumstances, he is authorizbd
to immediately impound the said motor vehicle ;r trailer ahd k
enter' It if necessary to remove the animal. !t;imoved anim'ais
will be taken to the Animal Control Center and impounded.
t SECTION 4.18. PROHIBITED ANIMALS; PERMIT a ,
(a) A person commits an offenso if. he owns, Ay.
exhibits, ar harbors a prohibited animal within the city.
(b) it is an exception to the application of Subsection (a)
r if, the owner or possessor holds a prohibited animal permit 'or 1
Is' a governmental entity.
(c) A permit for the possession of a prohibited animal may
be issued only to a too, research institution, individual
resoarcher,. public or private primary or secondary school,
performing animal exhibition, rodeo, or circus, of which the
animal is an integral part, if the animal is restrained,from
inflicting injury upon persons, property, or other animals And
adequate provision is made for the care and protectloh of, the
animal. A permit may be issued to an Individual researcher
only upon the recommendation of a medical institution or the
director of a research Institution.
(d) The fee for a permit is $10, and the permit Is valid
for a designated period of time not to exceed 12 months. A I
permit may be renewed for the same feo. d
(e) A permit Is issued for one or more animals of an owner
at a single location,
SECTION 4.18.14 REVOCATION
(a) The Chief of Police shall revoke a permit to own,
possess, exhibit, or harbor a prohibited animal within the city
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1, the permit holder fails to property restrain
his animal; or
2. the permit holder fails to adequately care for
or protect his ,animal.
SECTION 4.18,2. APPEAL FROM DENIAL OR REVOCATION
(a) If the hief of Police refuses to issue or renew 'a
prohibited anima,permit, or revokes a permit, he shall send to
the applicant or permit holder by certified mall, return
receipt requested, written notice of his action and a statement
of the right to an appeal. The applicant or permit holder may 7
appeal the decision of the chief of police to the city manager a
by filing with the city manager a written "request for. 'a q
hearing, setting forth the reasons for the appeal,.within' 10
dayys after receipt of the notice from the chief of police. The
t
film of a request for an appeal hearit;' with the city manager
staysg an action of the chief of police in revoking a permit
until the city manager or his designated representative,makes'a
final decision. If a request for an appeal hearing is not mA&e
within the 10 day period, the action of the chief of police is
final, a
(b) The city manager or his representative shall serve as
hearing officer at an appeal hearing an,i consider evidence '
offered by any interested persor The formal rules of evidence
do not apply at an appea' hearing; the ,hear"ng, offic'sr. shall '
make his decision on the basis of a prepunderance of the
evidence presented at the hearing, The hearing officer must
render a decision within 30 days after the request, to; in
,
appeal hearing is filed. The hearing .Zfficer shall :affirm,
reverse, or modify the Action of the t tier' of police; ^and, his K.
decision is final unless the applicant or, permit holder, i18s,;a
written request with the city, secretary for A, hearing befd'r.e
the, permit appeal board ;within 10 days after redeipt''of notice
of ;t a action of the hearing officer, A written' 'request for a
hearing before the rermit appeal board stays tho'Action of the
hearing officer in 'revoki,tg`&permit until the appeal board
renders a final decision,
(c) If a request for an appeal hearing before the petilt
appeal board is filed within the -30 dey period, the,,city
council shall appoint "three city cWlancil members'to;servo 0"a
permit appeal board and hear and consider' evidence uffe ed'by
any interested person, The formal rules of evidence o not
apply to an appeal hearing before the permit Appeal board The
board shall decide the appeal on the basis of a. pvepbnderihkte
of the evidence presented at the hearing, The board shall
a firm, reverse, or modify the action of the hearing officer by ff
a majority vote. The 'result of an appeal hearing before, the
appeal board is final.'
SECTION 4-19. ANIMAL NOISE, WAS93; KEEPING OF BEES
It shall be unlas+ful for any person to knowingly:
(a) keep any animal that unreasonably, barks, howls,` whines; g
crows, or makes other unreasonably noise comnt;)n to their ,
species near a private residence so that the reasonable use and
enjeymert of such property is disturbed,
fb) keo any: animal In such a manner as to endanger the
publ c healh by the accumulation of organic body wastosi t
(c) keep any animal which habitually deposits, body wastes
upon or destroys by chewing, scratchingg, digging or otherwise,
property other than that of the owner of such Animal.
(d) keep bees in such a manner as to Oeny the roasonabi4,
use and enjoyment of adjacent property or`eridanger the personal
» PAGE 6
NOW
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health and wel`are of the inhabitants of the City of Denton.
SECTION 4-20. INTERNAL PROCEDURE FOR ANIMAL COMPLAINTS
UNDER SECTION 4.19(x)
I
,
A report alleging a violation of Section 4-19(a) of this
ordinance must be written and signed by a person whn has
personal knowledge of such violation and who can identify the
owner of the animal or the premises where the animal is
located. The Animal Control Officer shall investigate' the
report to determine whether probable, cause ekisis for. the
issuance of a citation. Provided, however, that informal
resolution of the complaint may be attemptedby the Animal
Control Officer according to the following procedures t
(a) Written notice of the report shall be personally
served or sent by certified snail to the alleged
violator with a request to correct t1e problem.
(b) If the complainant notifies the Animal Control
Center that the problem persists, a final.notice
.;:all be personally served or sent by certified
s, it to tfte alleged violator informing said person
that an investigation will be con' tea by the
Animal Control Center within seven (7) days of the E
notice and that if' the problem is not corrected
within this time, the violator will be'reques"ted
to, appear before a hearing officer appointed by
the Chief of Police.
(c) If the investiggation shows that the problem
shall persists be , an held in on o adequate hearing- on the complaint
~ notice to the parties
and `shall be conducted' byy the animal control
hearringg officer, with the alleged violator,
complainant, and any witnesses present.
(d) The hearing officer shall make writt,en'
recommendations concerning what, IE any, remedi&I
measures sire' required. If the violation 'is nat
correcte.: within seven (7) days of the `date of-~'the
hearing, d citation 'reqqui'ring a court' appOitance
shall: be issued. If the Animal Control Officer
issuing the citation has no personal knowledge, of
the violation, the complainant shall be informed
that his appearance, along with any witnesses,
shall be required at the court hearing on the
E citation. .f
SECTION 4.21. REPORTING ANIMAL. BITE, ANIMAL UNDER
RUARANTIN% RABIES SUSPECT f
(a) It shall be the duty of any person having knowledge'of
an ani al bite or scratch to a human 'that the person' could
reasonably foresee as capable of transmitting rabies, or of an
animal that the pperson susppects is rabid, to report' the
incident to the Animal Controi Center as soon as possible, but
not later than 24 hours from the time of the A ncident.
(b) Every veterinarian having an animal quarantined for a
bite or scratch incident shall submit a written report to the
Animal 'Control Center the condition of the animal on the j
initial day of observation, the fifth day, and the tenth day of
observdtion,
(c) Every veterinarian shall report immediately to tha
Animal Control Center his diagnosis of any animal observed as a
rabies suspect.
PAGE 7
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SECTION 4-21.10 ANIMAL QUARANTINE
The Animal Control Officer shall have the authority to
order the quarantining of animals responsible for bite or
scratch incidents, or any zoonotic disease considered to be a
hazard to the human population or other animals.
SECTION 4-21.2. RABIES QUARANTINE, CONFINEMENT, DISPOSITION
Wen a dog or cat which has bitten or scratched a human
has been identified, or has rabies or is under suspicion of F
having rabies, the owner at his sole expense must immediately
place the animal in quarantine at such animal control
Wfa ilities specified for this purpose by the Animal Control
Of icer. The owner shall surrender possession of such animal
to the Animal Control officer on demand for supervised
quarantine which shall be for not less then ten (10) days
immediately following the tive of the bite or scratch incident.
(b) The owner of the dog or cat under subsection "(a) herein
5 may request permission from the Animal Control Officer for home
quarantine if the followinp; criteria are met:
r
I, secure facilities are available at the home of. the ,
animal's owner, and are approved by the Animal
Control Officer, and
2. the animal is currently vaccinated against rabies,
and i
30 the animal was not in violation of this chapter at
the time of the bite or scratch InL.ident. ,
Th,3, violation of quarantine by any person shall be list
cause •fAr seizure and impoundment of the quarantined animaf by
the Animal Control Officer.
(c) A licensed veterinarian or the Animal Controi Officer `
will, supervise the quarantine for a minimum ten' 0 D) 'day j
observation period during which the biting ant heal
status shallbe monitored and filed with the, Animal CoOlfol
Center, If no uarantine siperiod, a release from -uarat thhall of
n of rabies have been observed g quarantine shall ,be ~
issued to'the owner in writing and a cony filed lWith the Ar.imal
Control Center.
(d) No prohibited animal will be placed in quarantine, Ali
such animals involved in biting or scratch Incidents will be
humanely destroyed in such a manner that the brain, is not 4
mutilated, The head shall be sent to the nearest laboratory j
certified to perform the fluorescent antibody test for rabies,
(e) Without permission of the Animal Control Officer, it
shall be unlawful for any person to kill or remove from the
city limits any animal that has bitten P. person or- other
animal, or that has been placed under quarantine, except when
it is necessary to kill such animal to protect the life of any A
person or other animal.
(f) The Animal Control Officer shall direct t1. disposition
of any animal suspected of being rabid,
(Z), The catcass of any dead animal exposed to rabies or '
suspected of having been rabid shall, upon demand, be
surrendered to the Center.
(h) Every animal that has been bitten by another animal
shall be immediately confined by the owner who shall promptly
notify the division of the place where such animal is confined
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i' and the reason therefor. The owner shall not permit such
i ' animal to come in contact with any person or animal,
Any animal exposed to rabies shall be handled in one of the
following manners; +
1. Humane destruction with notification to, or
under supervision of the Center; or
2. If not currently vaccinated, quarantine. in a
veterinary hopsital'for at least six (6) months
I immediately following' the date of the exposure;
or
i ' 3. If currently vaccinated, immediate revaccination
and qquararttlne for, at least thirty (30) days 1.
k immediately following the date of the exposure.
(i) No person shall fail or refuse to. surrender an animal
for supervised quarantining or humane destruction as. required
k , herein for rabies control when demand therefore is made by the
Animal Control Officer,
(jl Any person having possession of or,,responsibility for ti
any e,uarantined animal shall Immediately notify the Center if
such animal escapes or becomes or 'appears to become sick, `or
dies; and in case of< death of the animal while under quarantine
shall immediately surrender tho dead body to the Center for
diagnostic purposes.
i i
SECTIONS 4.22 • 4-30. RESERVED f;
ARTICLE II. DOGS CATS ;
SECTION 4-31. VACCINATION
The owner of any dog or cat shall 'have such dog or cat
' vaccinated against rabies by the time it is four (4) months,of
age end within each subsequent 12-month' Interval the'reafter'' .-l
After immunization, a'licensed veterinarian 'shall issue to the
owner of the animal a vaccination certificate in a', form
approved by the Texas` Department of Health and a metal tag to
be worn by the dog or can on a collar or harness for one year.
SECTION 4.32. REGISTRATION FEE REQUIRED; PEE
(a) No owner shall possess within the city any dog of cot
four (4) months of age or older unless ruch dog or cat is
currently "registered with the Animal Control Center.
(b) No dog or cat shall be registered unless it ha a
rent vaccination certificate from a licensed vetarinar
A an.
registration shall be considered as current only for the
per
iod of the current vaccinotion for which it was issued, ,
registration' certificate and metal tog may b,~ obtained at the
time of vaccination from veterinarians who have obtained
I authority from the Animal Control Center to issue them, or from
an employee of the Center upon presentation of a' certificate of
current vaccination. A registration' certificate shall be
renewed no later than the data of expiration of the current
vaccination period for which it was issued.
(c) Application for initial issuance or renewal of each }
reglstration must be made by the owner in writing or !n person'
and be accompanied by a fee of t , unless the anima
eing registered has been neuterecT a" p of of neutering can
to tshown to the Animal Control Office M r; then the registration
i foe will be $ . If an original current registration
t certificate is o" ost of destroyad, the owner may obtain a
FAGO 9
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dupplicate registration certificate by paying a fee of One
($1.00) Dollar.
(d) It shall, be unlawful for any person to use a
certificate of vaccination or registration or tag for any dog
or cat other than the one for which it was iss+.ed. j
(e) If there is a change in ownership of a, registered dog
or cat, the new owner shall have the registration transferred s
to his name. Appplication for such transfer shall be made to
the Center in writing or in person, and be accompanied by a fee
of one (51.00) Dollar.
(f) Dogs trLined to lead the blind are specifically s
exer~pted from payment of the required fees for registration.
Eligibility for fee-exempt registration does not relieve the ;
owner of responsibility under other provisions of this chapter.
(g)stai er o heoisiin aossessioneof aitdogtorrcatrwithoutia
, if current registration tog fpor the dog or cat. It is a defense
to prosecution under this section that the dog or cat was
younger than four (4) months of age.
t
SECTION 4=32.1_ REGISTRATION TAG
Upon payment of a registration fee the,Animal Control
Center st indicate theetimetaoft the ereogg istrationoa d-other k'
tag must gg
appropriate- information. The owner of the dog or cat shall •
secure the tag on the animal. ;
SECTION _4-33. COLLFCTI(..i OF REGISTRATION :".E BY LICENSED
- VETERINARIANS
(a) if a tlrabies, hershallacollecththeiregtstrationsfeeaor
or cat agains
send to the Animal Control Center a collection form which
contains, r
1. Name and address of owner. t
2. Description of the dog or cat.
3. Date.;)f vaccination.
4. Type aE vaccine administered.
S. Other appropriate information.
(b) terc do sd or tc is eunder wsubsectionc (a) of thist section
ify he makes application to the, Animal' Control Center and is
approved by the Animal Control Officer. ,s
SECTION 4.34_ SAME-SERVICE CHARGE FOR COLLECTION
A licensed n feel asr as service charge0for icollection. Ifoa
each registration
thcomplies with e Sect!on 4-3 of
the AnimaltControl'Centery i
sending only..
he is not entitled to tho service charge.
SECTION 4-SSr SAME-SUPPLIES; ACCOUNTING PROCEDURE
The Animal Control yyCanter shall provide licensed
The Centernsshall establish farcollectionsprocedureisfortithe
The C
fees. A format fcr the tags, and shall record the number of
PAGE 10
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dogs registered, name of the owner, and other appropriate
information.
SECTION 4-36. RELEASE OF IMPOUNDED DOGS AND CATS; PBES
To redeem an impounded dog or cat, the owner of the dog or
cat shall pay the Animal Control Center a fee as enumerated in
Article IV of this Chapter, and a registration fee' if the owner
does not show proof of current registration,
SECTIONS 4-37 - 4-40. RESERVED
ARTICLE II'_. VICIOUS DOGS
SECTION 4-41_ VICIOUS DOG - PROCEPURB AND HEARING
(a) The Animal Control Center may receive a report
concerning a dos which, while strayying, has bitten a hums'
being. A complainant may file with }he center a written sworn
affidavit which cantains the following informations
1. Name, address, and telephone number of complainant
r and any other witnesses to the incident;
j 2. Date, time, and location of the incident;
3. Description of the dog;
k 4. Name, address, and telephone number of the dog
owner; ,i
5, A statement that the dog, while straying, bit the
complainant;
6. A statement that the dog has exhibited vicious 3
propensities in past conduct; and t
7. Other facts or Circumstances of the incident.
(b) After a sworn affidavit Is filed with• the Aniiai
Control Officer, he shall request the Chief of Police to tot;•'a
time and place for a `hearing. The Chief of . Police shall"give
notice of the hearing to the dog's"owner by personal service'or.
certified mail, return receipt requestad, at least 'ten;.(10)
days prior to `the hearing date, The notice must include a cM
of the sworn affidavit and a coppy of this article. After t e
owner of the dog receives notice the-Animal Control Officer
shall impound the dog specified in the affidavit.
(c) The Chief of Polite. shall determine at the' hearing If
the dog specified in the affidavit 'should be destroyed for the
protection of the public health safety and welfare of the
community. The Chief of Police s►a11 receive 'testimony at the
hearing concerning the incident under Investigation, To order x
destruction of the dog or the public health, safety and
welfare, the Chief of Police must find all the following facts 3
to be truer
if The dog, while straying, bit complainant;
2. The do
conduc has exhibited vicious propensities in past I
S.' The impounds dog is he some do which committed
the acts in1) and (2 of this subsection; #
4, Destruction of the dog is necessary to preserve
the public health, safety, and welfare of the
community. If the Chief of Police orders
r
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1 74.
destruction of the dog and the owner is not
present at the hearing, he shall notify the owner
of the decision by personal service or certified
mail, return. receipt requested. If the Chlef'.of
Police does not 'order destruction of the dog; the
Animal Control Officer shall return'the,dog to' the
owner upon payment of a registration fee if the
owner does not show proof of current registration.
i
SECTION 4.42. APPEAL FROM ORDER TO DESTROY
If the owner of the dog `applies to a court of, competent
jurisdiction for an injunction within five (S) .days of the
decision and the Chief of Police receives written notiyce`of the
action within five (S) days of the decision,. he shall suspend
the destruction order pending final determination of the court. 1
a
-f
SECTION 4.43. FAILURE TO RELEASE DOG i
A person commits an offense If he knowingly pos!►esses' and
fails to release to the Animal Control Officer a dog that has
been charged by sworn affidavit as provided in Section-4-41 of t
this chapter.
r SECTIONS 4-44 - 4950. RESERVED
f
I ARTICLE IV. IMPOUNDMENT
SECTION 4.51. IMPOUNDMENT FEES ;.A
(a) To redeem an impounded animal, the owner of the animal
shall pay the Animal Control Center the foilowinn fees:
a
l 'y
. ,a
a
r
d
g
PAGE 12
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destruction of the dog and the owner is -not
present at the hearing, he shall notify the owner
of the decision by personal service or certified
mail, return receipt requested. If the Chief,.Qf
Police does not order destruction of the dog;-, the
j Animal Control Officer shall return the dog to the
owner upon payment of .4 registration fee if the
owner does not show `proof of current registration.
3 SECTION 4-42. APPEAL FROM ORDER TO DESTROY
If the owner of the dog applies to a court of competent
jurisdiction for an injunction within five (5) days of the
i decision and the Chief of Police receives written notice of the
action within five 15) days of the decision, he shall suspend
the destruction order pending final determination of the court. .
SECTION 4-43. FAILURE TO RELEASE DOG
A person commits an offense if he knowingly possesses and
fails to release to the Animal Control Officer a dog that has
been charged by sworn affidavit as provided in Section 4-41 of
this chapter, j
SECTIONS 4-44 - 4.50. RESERVED
1
ARTICLE IV. IMPOUNDMENT
SECTIO14 4.51. IMPOUNDMENT FEES
(a) To redeem an impounded animal, the owner of the animal r
shall pay the Animal Control Center the following feast '
First Second Third Fourth
i Impoundment Impoundment Impoundment Impoundment
1. 'CLASS A Animals: $'15.00 $22.50 $83.75 $50.00
III Dogs and cata,' fowl,
each animal: s
2. CLASS B Antmalt $20.00 $10.00 245,00 $07.50
Costa, Sheep, lambs,
piggy, sows, shoats,
calves, foats and animals
of the same approximate
site and weighty each
animal:
S. CLASS C Animal& $25.00 $S1.50 $58.25 $84.50
Cattle, mules, horses
pontes and animal* of 'a
the same approximate t
$(Is and weight, each k
j antmalr
4. CLASS 0 Animals: $25.00 $37.50 $58.25 $84.50
PeohiMted, exotic, or
wild animals requiring
capture by Center
personnel (if - animal
already contained then
same as CLASS A each
animal:
PAGE 13 d
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I (b) For purposes of redemption, the number of impoundments
for each animal shall be determined within a continuous twelve
(12) month period beginning from the date of the first
impoundment.
(c) A $5.00 reduction' in fees will be made for each Class 1
A dog and cat that is a first impoundment and which the owner
j can show current vaccination certificate, registration
j certificate and proof that the animal has been neutered.
{
(d) A daily handling fee shall be charged for every day or ;
portion thereof that an animal is at the center. Said fee
shall be `based upon the class of animal enumerated above in
subsection (a)o +
1 ,
CLASS A ..............:.........$2~Op
CLASS 8..........~.......+a....$2~00 }
........................$3.00 '
CLASS C.
CLASS D x.......'.$3.00
(e) No animal impounded by virtue of this Chapter shall-be
released 'to the owner until all such costs and fees have been
paid and until the person appllpg for the release of such
animal shall have signed an a i aviit to the effect that he is,
the owner of said animal and entitled to possession thereof.
SECTION 4-52. IMPOUNDMENT RECORDS
The Animal Control Center shall keep records which contain E?
i at least the following information on impounded animalst
(1) Descriptions y
(2)'Condition of Healtht
(3) Date of Impoundmehft
(d) Location of Impoundments
(3) Name and address of owner, if knownt
(6) Date of Release or Destruction.
SECTIONS-4-53 4.60. RESERVED `
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R E S O L U T I O N A
WHEREASr the City of Denton, is in need of a new City
Warehouse and Service Center Facility for the Electric, Water, Sewer
and certain General Government Departmenta, and,
WHEREAS, bids have been received for such facility which list
a coat of $566,780 for the Warehouse and a cost of approximately
$1,140,000 for the Service Canter, and,
WHEREAS, it is necessary to specify a source of funding for
such facilities,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE j
CITY OF DENTON, TEXAS, THATt y
1. The source of funds for the Warehouse, estimated to be
$566,780, shall be from the Electric Department Fund, and the asset
value of the Warehouse shall be regarded as an asset of the Electric
Department.
2. All other Departments using the Warehouse shall pay to
the Electric Department an annual lease fee based ont
(a) Each Department's square footage use of the
Warehouse floor space. Common and unused space j
shall be apportioned on a pro-rata basis to all
using Departments.
(b) A charge equal to a constant annual amortization rr
payment utilizing a 20 year payout and an
interest rate of 8t per annum, (estimated to be
$2.89 per square foot per year), plus, r
(c) An additional charge per square foot equal t6'6t
of the urdapreciated capital cost of the
facility. This charge is used to pay the
Electric Department'e annual 61 return on Y`
investment paid to the City of Denton (estimated J
to be initially $1670 per square Eoet per year,
provided, however, that the percentag*
such additional charge shall remain at the taste
main' at 'ran annually
percentage rate as the City Council establishes for the Electric Department's return
on investment payment to the City of Denton.
i
3, The source of funding for the Service Center facility►
estimated to be $1,140,000, shall be from the Water and 8eir'ee fond
Fund and the Electric Fund, The Water and Sewer Bond Fund shall
E rovide funds for the proportionate share of area that will
e specifically utilized by the Wateraotharwer De associated davelope~en! a
common areas and
e of the
r co osts, rato shar estimated to be $393,215, and the asset value of this
proportionate share of the Service Center shall be regarded as an
asset of the water and Sewer Department,
The Electric Department Fund shell provide the capital funds
1 for the remaining amount estimated to be $805,005, and the asset
value of this proportionate share of the Service Center shall be
regarded as an asset of the Electric Department,
y« 4. Departments other than the Utility Department shall pay
to the Electric Department an annual lease fee for office spade !
{ based on the square
The chargese usedt be calcu calculated pro
in ra}si mil $2,77 ar
common areas,
to 2(a) 2(b 2(c) listed herein. (Estimated to be $4.71 +
$7,48/sq, fl,/Year,
s,
5. Maintenance and operation expenses shall be charged to
the using Departments on an equitable pro rata basis. $
based on
be
shall
a ~ 6, Actual costs and annual lease fees
i final as-built construction coats,
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M ~ S
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PASSED AND APPROVED This day of A.D.t
1980.
i
RICHARD 0• STEWARTr MAY R
CITY OF DENTON, TEXAS
ATTESTI
,a
BROOKS 3 LT, CITY SECRETARY
CITY OF DENTON, TEXAS
f '
APPROVED AS TO LEGAL 1POF441
j C.J. TAYLOR, JR,, CITY ATTORNEY
CITY or DEMON, TEXAS
' k
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BY
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SA.
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CITY Of DENTON
1 ,a
MEMORANDUM {
a. i
T0: G. Chris Hartung
FROM: Rick Svehla !
DATE: October 90 1980
RE: Bids on the warehouse s y!='
Bids were received for the new Warehouse and Service Center facility on
Seytember 25. Attached is a bid sheet with all of the bids. As you can
see, we had a response from 8 bidders which is excellent. The low bid was {
submitted by Luther Hill and Associates as follows: ;
Phase l - 1,765,000.
Phase 14 2- 2,116,500
Phase 1,2,3- 2,254,000, i'
r Luther Hill was also the fastest contractor on Phasb.I'and,was only 10 days
longer for Phase I and 11, The architect has reviewed other work done by
Mr. Hill and has recommended Luther Hill and Associates,., This staff has
also contacted TWU who is currently under contract with Luther Hill and
Associates and they. also recoim*nd Luther Hill very highly. The staff would
therefore recommend that Luther Hill and Associates be awarded the bid.
The staff would also recommend that Phase 1 and It be build, Although this
will put an additional burden on the general fund, we believe that the benefits
listed below will outw,aigh this disadvantages
1. By building the second phase, we will carry out more of LWFW's original
recommendations and will be able to centralize all of the City's field
operations.
2. The bids on this project were extremely good. Bids for Phase 11 are
5200,000 under the architect's estimate, The staff doe$hot feel that t
€I bids this low will ever be received again,
3. if Phase 11 is built later, there would be disruption of regular
operations due to construction,
4. It will allow for future exparsion of vehicle maintenance and eliminate
split shift requirements.
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.IA AI~.Y ~r.. ,r {3
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Page 2
Bids on Llhe Warehouse
In previous discussions with the Councils we hive discussed the possibility
of building more,than one phase. At that time, several financial opptions
were,discus,ied. One option of having the Utility department fund Phase I
and loaning the General Fund the money for Phase lI was `A prime consideration. i
.Since this seemed to be the direction that the Council wanted to move, the
Staff was preparing its recommendations acecrdingly. We would have recom-
mended that Phase I and Il be built with Fund Utility Fund payin fppSS0 Mae I ;
(d havo a recoommendedtthatetheaGeneraltFund not only borrowtthe3135110009
We e would
but also enough money to enclose an existing channel icroas.the warehouse
site and•to move the existing aspph4lt storage tanke at kha Warehouse site. s
The staff would recommend that the Street Department do;the actual`plpe work`
thus reducing the drainage work substantially. We estlmate,~fo'rcost iltehe ;
{ pipe and moving of 'storage tanks to, be approximalt~ly X35,
preparation, lt,ts my undeestanding.that the,iJtility.8o4r has,recommended
a dSfferent type of financing and 1f the Councii1 chooses to pursue that
alternate funding. The site preparation should be Included.
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BID PABULATION SHEET
PROJECT DENTON SERVICE CENTER
RID DATE 2:00 P.M. CD,ST, 25 SEPTEMBER 1980
~ i
~ r..w-r.,.a~ir.r. w. ww~rr.w.rrr~r-.+~...wr~ r~r•r.rr..r r--nw...++w -w w
caS,1}L1CruR PASS BID DID AlARNATES
CONTRACT BUILDERS 1,849,881,00 365 Days BID ITEM 2 $ 388,262.00 75 Days
RID ITEM 3 $ 165,983.00 60 Days
R,C, Ss1LL & ASSOCIATES NO BID ~yBID ITEM 2 .
BID ITEM 3
LUTHER HILL',& ASSOCIATES $ 11765,000,00 .300 Days BID ITEM 2 $ 351,500.00 60 Days
BID ITEM 3 137,500,00 -l• Days
HAMBRICY,-CRAIG ARLINGTON $ 1,8520820.00 335 Days BID ITEM 2 $ 397;940,00. 45 Days
BID ITEM 3 $ 155,500,00 -0- Days
W.J. RAINS CONSTRUCTION NO BID BID,ITEM 2 ;
BID ITEM 3
C & L STONE BUILDERS, INC, $ 1,849,900;00 360 Days , BID ITEM 2 $ 371,200.00 100 Da A
BID ITEM 3 $ 149,400.00 50 Da's
W.B. KIBLER CONSTRUCTION CO, $ 1,8091900.00 365 Days BID ITEM 2 $ 368,00040 0 Days '
BID ITEM 3 $ 141,200.00 30 Days
NORWEGIAN CONSTRUCTION CO. 21917,000.00 300 Days BID ITEM 2 $ 340,000,00 30 Da y0
BID ITEM 1 $ 1330000.00 60 Days
BID TABUL'ATI0F SHEET
PROJECT DENTON SERVICE CENTER ~PBa 2
BID DATE 2:00 1',M, COST, 25_S TEnLR 1980
i
CONTRACTOR BASE BID AID ALTERNATES
i
ROGERS-O'BRIEN CONSTRUCTION s $ 1,817,553.00 300 Days BID ITEM 2 $ 331,502.00 30 Da s
BID ITEM 3 $ 144,141,00 15 Days,
BLAYLOCK-14ILLTAIIS $ 1,899,000.00 395 Days B:4 ITEM 2_ 82 X497_00 31-DA s
BIJ ITEM 3 $ 1490128.00 31 Days
HAMBRICK-CRAIG WICHITA FALLS NO BID BID ITEM 2
BID ITEM 3
-
BID ITEM 2 IBID ITEM 3
wr BYD,ITEM 2 .
- - - BID ITEM 3 r:
BID ITEM 2
DID ITEM 3
~BID ITEM 2
BID ITEM 3
BID ITEM 2
BID ITEM 3
1
Y
JAMSS R. KIRKPA't'IMCK i
N
a ARCHITECT Is
24 September 1980
I
tor. Rick Svelha
Diroctor of Community Development ! j
City of Denton
215 a«, McKinney
Denton, IX 76201
Rat City of Denton {
Service Center Complex
Dear Oirt
Please find herewith for your review, a Bid Tpbuiation Sheet 0flids received
for the referenced project, Upon review of the bids, my recommendation is to
enter into contract with Luther Hill & Associates, Inc. on the basis of their
low bid on Baas Bid, Bid Item 2 and Sid Item 3.
E I am confident that Luther Hill & Associates, Inc, has an undaretanding of the
work required and that thry have the ability to complete the project.
` Should you have any quastions or require additional information, please contact
h.- me At your convo,lience,
Sincerely, ,
~Jg%os It. Kirkpatrick
I
JRKthn
I
Enclosure i
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II
I MGIVIDGn AMF-MrAN INSTITUTC OF ARCH MECTS
e j SUITE 1318, FIR13T STATC2 BANK MUILOING
bENT[]N, TEXAS '7£3201 1817j 307- E3139
i,• R E S O L U T I O N B
WHEREAS, the City of Denton, is in need of a new City Servi=le
Center Facility for certain General Government Departments and,
WHEREAS, bids have been received for such facility, further
known as Phase II Section of the Service Center Complex (1980),
which list a cost of $351,500 and,
WHEREAS, it is necessary to specify a source of funding for
such facilities, 3
i
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE f
CITY OF DENTON, TEXAS, THATt
it The source of funds for the subject Phase II Section of
the Service Center Complex, estimated to be $351,500,
shall be from the Electric Department Fund, and the
asset value shall be regarded as an asset of the
Electric Department.
21 All Departments using the subject facility shall pay to
the Electric Department an annual lease fee based ons
(a) Each Department's square footage use of the
facilitie's floor space. Common and unused space f
shall be apportioned on a pro rata basis to all
r I using Departments. ;
(b) A per square foot charge equal to the most recent
calendar year monthy average Federal Treasury
Bill securities interest rate multiplied by the
per square foot initial investment, which shall be adjusted annually on January lot by
multiplying the initial investment by the ratio
of the Consumer Price Index for the most recent
December and December 1981.
(c; An additional charge per square foot equal to 61
of the undepreciated Capital cost of the
facility, This charge is' used to pay the
Electric ospartment's annual 61 return on
investment ppaid to the City of Denton, provided,
however, that the percentage rate f4 o r such
additional charge shall remain at the @me
Percentage for rate the as he Eity Council
t~aent's nreturn
a on investment payment to the City of Denton,
31 Maintenance and operation expenses shall be char ad to
the using Departments on an equitable pro rata balls,
4. Actual costs and annual lease fees shall be based on {
final as-built construction costs,
PASSED AND APPROVED This day of , 1980,
RICHARD , 9TNXRT# MAYOR
CITY OF bENTON, TEXAS
ATTESTI
WHO t ClECHURY
BROOKS CITY OF bENTON, TEXAS
• ,ti
APPROVED AS TO LEGAL FORMS
C,Js TAYLOR, JR „ CITY ATTORNEY
CITY Or DENTON, TEXAS
BYs
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October 14, 1980
CITY COUNCIL AGENDA ITEM #
SUBJECTi
Consider Bids for Construction of Service Center and Consider
Resolutions Regarding Funding of the service Center.
SUMMARYi
The City has taken bide for Phase I, Phase it and Phase III
of the new Warehouse and Service Center to be 100atcd within j
the present Service Center yards on Mingo Road, (See Bid
Tabulation, Attachment I). Phase i includes a 20,000 square
foot Warehouse and a 25,935 square foot Service Center.
Phase 11 includes a 10,600 square foot addition to the
service Center section, Phase III includes a 10,000 square
foot addition to the Warehouse. The low bidder is Luther
Hill and Associates of Dallas, Texas, with a low bid of
$1,765,000 for the Phase I or base bid, $51,500 for Phase 11
and $137,500 for Phase 111. Construction time is estimated
at 300 days. J
The base bid portion of the Warehouse, which will contain
20j!00 square feet, will cost approximately $566,780 Or
$2b34/sq,ft, it is e, .!mated that approximately 50t of the
a ! Warehouse will be used for the sleotric Department, 2S1 for
the Water and Sever Department, and the remaining 251 will be !
utilized by other City General Government departments.
The bass bid portion of the service Center, which will
contain 25,935 square feet will Coat $566,760 or 1
$66.20/sq.ft. The Water and Sever Department bill utilise
6,011 square feet of the 13,223 square foot ground floor shop
area with the Electric Department utilising the remaining {
7,212 square feet. On the second floor, the Water and Sewer
Department will have 2,500 square feet, General Government
Departments will have 1,892 square feet and the Electric
Department, the remaining 80320 square feet,
The Phase 11 portion of the Service Center, which will
contain16 p rr xima eyfoot;600 squirt, feet, will cost $351,500
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The Electric Department and Water and Sewer Department had
each put $500,000 in their respective 1980-81 Capital
Improvement budgets for the Warehouse and Service Center.
The Electric Department had, therefore, budgeted $500,000
from current revenues in the 1980-81 Annual Budget and the
Water and Sewer Department had budgeted $500,000 from Bond
Funds for 1980-81. These figures were estimates only, since
final estimates had not been developed at the tiae the Annual
i Budget had been prepared. No other City Department has
budgeted funds for the Warehouse or Service Center, i
The Public Utilities Board reviewed the bids and the funding
for the Warehouse and Service Center at their meeting on
October 80 1980, and have recommended that
1. The base bid of Luther Hill and Associates in the
amount of $1,765,000 be accepted
2. The Phase It bid of Luther Hill and Associates in the
1 amount of $351,500 be accepted, i
3. The Electric Department fund and own the Warehouse and
charge other Departments a per square foot lease fee
based on ti 20 year, 81 amortization rate, plus a
return on investment expense reimbursement.
4. The Water and Sewer Department fund and own their i {
proportionate share of the base bid part of the Service ( 1
Center.
5. The Electric Department fund and own the remaining
portion of the base bid part of the 6ervice Center and
charge using departments a per square foot lease fee
based on a 20 year, 81 amortization rate, plus a
return on investment expense reimbursement.
I
E 6. The Electric Department fund and own the Phase It pert
I of the Service Center (which will be utilized entirely
by the General Government Departments) and charge a per
square foot lease fee based on an equiVilent treasury
bill interest rate with an annual consumer price index j
escalator adjustment applied to the initial Investment, I
plus a return on investment expense reimbursement, '
Some members of the Board expressed serious reservations
about using Utility customer generated funds to finanee
expenses of functions that are normally supported by tax
revenue. The board felt strongly that the funding for Phase
Ii of the Service Center should have a lease fee based on a
methodology that allowed the Electric Department to at least
recover its lost opportunity costs rather than to just
recover interest and essentially depreciation costs, as is
the case with the Warehouse and the base bid portion of the
Service center,
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ACTION REQUIREDt
1. Take appropriate action regarding award of the Contract
` for construction of the Warehouse and Service Center
baso bide Phase II and phase Ill.
2, Take appropriate action regarding Resolution outlining
k the funding source of the base bid section of the
Warehouse and Service Center and detailing the
methodology of determining the annual lease foe.
3, Take appropriate action regarding Resolution outlining
the funding source for Phase it section of the Service
Center and detailing the methodology of determining the
annual base fee, IE
ALTERNATIVESt
Award of bid
(a) Award Bid to Luther Hill & Aseootatee of Dallas
(b) Award bid to alternate contractor
(o) Reject all bids and rebid the project.
2. Source of Funds and Lease Fee Agreement
y
(a) Source of Funds
E (1) Fund from Electric Department Fund and
Mater/Sewer Bond Fund.
(2) Do not build at this time.
r ~
(b) Lease or Repayment Provisions,
(1) Provide for lease fee agreement as proposed,
(2) different terms. fee agreement` with
(3) Provide funds as a loan to be repaid at
specified time.
(4) Do not recover funds from other City
Departments,
3, source of Funds for Phase It,
lal eProvide a loan from stablish lease fee as1erecofim Department Fund and
Utilities Board.
(b) Recommend alternative source of funding.
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RECOMMENDATIONS
1. The Architect, Jim Kirkpatrick, recommends approval Of
Luther Hill and Asseeiatee of Dallas as Contractor. (See Jim
Kirk patrick's letter of recommendation, Attachment "7 The
KiPublic Utilities Board, at their October 8, 1980, meeting
recommended actions as listed above in item 1 6 2.
2. The Public Utilities Board, at their october 8, 19800
meeting recommended approval Of the attached Resolution A
authorizing the use of Electric Department Funds as outlined
therein for the Warehouse and base bid portions of Warehouse
and service center.
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3. The Public Utilities Board, at their October 8, 1980, `
meeting recommended funding by the Electric Department and i
annual lease payments as outlined in the attache' Resolution
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I Respectfully,
II R.S. Nelson
1 Director of Utilities l
EXHIBIT I Bid Tabulation ;
It Resolution A r'
III Resolution B
{
IV Kirkpatrick Letter of Recommendation f
v Tabulation of Costa, Area Allocationa, Funding and
Lease ?see.
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Diu lnuur.Atiun Dnacr
'"y4CT DENTON SERVICE CENTER '1 ^
BID DATE 2:00 P,M, CDST, 25 SEPTEMBER 1980
CONTRACTOR BASE BID HID ALTERNATES
CONTRACT BUILDERS $ 1,849,881,00 365 Days BID ITEM 2 $ 388,2b2,00 75 Days
BID ITEM 3 $ 165,983,00 60 Days
R.C. SMALL & ASSOCIATES NO BID -BID ITEM 2
BID ITEM 3
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LUTHER HILI'h ASSOCIATES $ 11765,000,00 .300 Days BID ITEM 2 $ 351,500.00 60 Days
BID ITEM 3 137,500.0 -0- Days }
HAMBRICK-CRAIG ARLINGTON $ 1,852,820,00 335 Days BID ITEM 2 $ 397,940.00 45 Days
BID ITEM 3 $ 155,500,00 -0- e
{ i ` I
t W,3, RAINS CONSTRUCTION NO BID BID.ITEM 2
' BID ITEM 3' j
41
C & L'STONE BUILDERS, INC, '1 849 900.00 360 Des •BID ITEM $ 371,200,00 100 Days i
BID ITEM 3 149 400,00 50 Days
w, W,B, KIBLER CONSTRUCTION CO. $ 1,8090900.00 365 Days 'BID ITEM 2 $ 368,00040 70 Days
BID ITEH 3 $ 141,200,00 30 Days I
NORWEGIAN CONSTRUCTION CO, 1 917 000,00 300 Days BID ITEM 2 340,000.00 30 Days
BID ITEM 3 $ 133,000.00 60 Days'
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BID TABULATION SHEET !
PK JECT DENTON SERVICE CENTER ~BBe 2
BID DATE 2:00-P.M. CDST, 25 SEPTEMBER 1980
CONTQACTOR BASE BID BID ALTERNATES
ROGERS-O'BRIEN CONSTRUCTION 3 $ 11817,553100 300 Days BID ITEM 2 $ 331,502,0D. 30 Days ;
BID ITEM 3 $ 144,141.00 15 Days 3
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BLAYLOCK~WILLIAHS $ 1,899,000,00 395 Days BID ITEM 2 $ 3821997.00 31 Days
BID ITEM 3 $ 149,128.00 31 Days
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KAMBRICK-CRAIG WICHITA PALLS NO BID BID ITEM 2
BID ITEM 3
BID ITEM 2
j BID ITEM 3
AID ,ITEM 2
BID ITEM 3
,a
BID ITEM
it BID ITEM 3
' BID ITEM 2
BID ITEM 3
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i" BID ITEM 3
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WAREHOUSE 6 SERVICE CENTER
COSTS, AREA ALLOCATI NS, FUNDING & LEASE FEES
WAREHOUSE COST 5 ,7 0 2 , 00 sq, t, 8, 8 q t.
SERVICE CENTER $1498t220 2 7 5, 35 sq. t, 46.2 8 t,
Base BT3T-
q
SHOP 610 110223 sq, t. -
Electric
~ Wtr Swr common "
50486 (55%) 4,572 (454) 30165 sq,ft.
10726 1#439
70212 sq. ft.
~ 60011 sq. Et.
$3330201 $277,713 {
MICE b j
12, 71 eq. t. 11 .
` Electric Wtr Swr Gen.aovt Comtllon
7,317 (651) 2,198 (201) 1,664 (154) 1,533 sgat,
1.003 302 228
8,320 a ,ft,
q 2,500 aq,ft, 1,892 eq.ft.
$384,391 $115,502 $87,413
I~LNTEFYi P
(351,500 100600 sq. ft, • $33,16/89, ft,
FUNUItNo
Service Center erViee Canter arehouse TOTAL MD
* ass
{ Bloc 0 805,005 $351,500 $566 780
I W/Swr $ 303#215
00 00 $1i393j215
'DOTAL $1,198,220 $351,500 $566,780 $2,116,500
LEASE_!"EE_RATES 20 Years ! $84
Warehouse!. $28,34/sq.ft,cost Lease fee 0249+1,70• $4,59/sq,ft,/yr
Serv,Ctr,y $46,20/eq,ft,cost Lease fee ;1,71+2,77• $7.48/sq.ft,/yr
eerv,Ctr,
Phase III $33,16/sq,ft,cost Lease fee $3,81+1,94+ $5,80/eq,ft,/yr,
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October 14, 1980
CITY COUNCIL AGENDA ITE24 0
SUBJECTI
Consider Ordinance Regarding Pro Rata Charges For Sewer Lines
Constructed With Federal Grant Funds,
SUMMARYI
As pact of the EPA Federal Grants the City is installing
sanitary sewer lines in the Audra Lane area, The Federal
t Grant is paying for 754 of the costs and the City is paying '
ion of the Grant and also a provision of the
ovis
251. A r
City Ordippnance 25-41 requires all residences in the area to
tie on to the new sewer line, .a
City Ordinance 25-76 requires everyone to pay a pro rata
share of the cost of such sewer lines, However, the City ,
ordinance and the pro rats charge isbased Y ion the s y
one City ipaying i
the full cost of the line, Since the
251 of the Sine, the Public Utility Board has determinad it
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to be equitable for the pro rata charge to the residences to r
be based on 251 of the costs.
f, Under the normal pro rata calculation method, $01 of the '
average cost of the line would be collected on both sides of
the line, Therefore, the attached specific ordinsnce is
calculated on 601 of 251 of the cost.
The Board, at their meeting of septeM:.w. 240 19110, had t J
recommended reduced pro rata charges only be applicable tC 1
existing residences and not undeveloped propertiee, The City
Attorney had expressed concern that this may not'be equitable
and proposed that the Ordinance be applicable to all ropertii ,
owneca along the subject sewer lines' {see attache iiedo ,
However, the Board expressed tW. the Grant had been obtained
on the basis of existing remidencesc sewer problem and the
Board felt that by charging a reduced pro rata for
undeveloprd arena, that future davelopers would 'receive
unjustified windfall benefits, Therefore, the hoard
recommended that the reduced pro rata only he available to
residences existing as of the passage of the Ordinance,
F
The City Attorney also recommended that the time allowed for y
existing residences to tie onto the service remai,~at al0 days i
after notification as the existing ordinance, a
advised against a provision for terminating water service in
the event a property owner refuses to connect to the sewer
service, ,
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The special provisions of the Ordinance area
1. Tap charges would remain the same as present charges
i since cost of service connections were not Grant
eligible.
2. Require all residences to tie on to the sewer line
within 30 days after notification.
3. Pro rata would be based on 601 of the City~s actual
coeL;,'which is 251 of the total cost, for all existing
residences.
FISCAL SUMMARY i
See Exhibit I.
ACTION REQUIREDt
Take appropriate action with regard to proposed Ordinance i
relating to a reduced pro rata charge for the sewer line in
the Audta Lane area.
ALTERNATIVESI i
1. Collect pro rata charges based on City's 251 share of
f coat only.
2. Collect pro rata under current pro rata charges.
RECOMMENDATIONt
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The Public Utilities Board, at their meeting of October Of
1n800 recommended to the city Council approval of the
proposed Ordinance.
Respectfully,
R. Be Nelson
nirector of Utilities
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EXHIBIT I Memo from City Attorney
Ii Proposed Ordinance
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ATTACHMENT i
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Audra Lane Sever Collection System }
Pro-Rata Ca cu at ons
. j CURRENT METHODt (based on average current costs)
i
1 V Line ■ $16.50/Pt x 608 $ 9.90/PS
8" tine ■ $19.00/Pt x 608 ■ $11.0/Ft 10" Line ■ $21.00/Pt x 601 $12.60/rt #
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254 METHOD: (based on actual construction costs)
6" Line ■ $11,96/Pt x 608 x 251 ■ $ 2.09/Pt d
f 8" Line ■ 515.98/Pt x 608 x 251 ■ $ 2.40/ft
~~r $ 2.52/'fit j
10" Line $16.80/Pt x 608 x 258 ■
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CITY OF DENTON
MEMORANDUM
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DATE: October 1, 1980
•1
TOs Robert Nelson, Director of Utilities
Robert Fiorini, Administrative Assistant,
Department of Utilities
f FROMS C. J. Taylor, Jr., City Attorney
SUBJECTS Amendment of Code of Ordinance to Provide
for Pro-Rata Cost Charges for Tapping Mains
Extended by the City under the Environmental
Protection Agency Grant
Section 25-36 of the Code of Ordinances provides that the owner
or occupant of every building located on any lot or parcel of
land within the City, the property line of which extends to
within one hundred (100) feet of any sanitary sewer main shill
construct', or cause to be constructed, a euiteble waster aloset
upon such property, and shall connect or cause, the same to.?be
connected with such sanitary sewer main in accordance with all
ordinances of the City regulating such construction.
Section 25-37
provides for the construction of septic tankr and
prohibits the construction of a septic tank on any property
which is within one hundred (100) feet of any City sanitary
sewer.
Section 25-41 provides that whenever the City sanitary sewer
system is extended to within one hundred (100) feet of any lot
or parcel of land within the corporate limits of the City,
where a septic tank, dry closet or a privy vault exists, the
owner or occupant of such premises shall abate such septic
tank, dry closet or a privy vault and shall construct a
suitable water closet upon such premises and connect the same
with the City sanitary sti-er main within thirty (30) days after"
written notice to do so from the City Health Officer.
The proposed provisions which you have submitted to this office
for an amendment to the existing ordinance of the City contain
the following provisionsi {
(1) That the property owner shall pay sixty (60) per
cent of the City's twenty-five (25) per cent
share of the actual construction costa of the
sewer line under the Environmental Protection
Agency grant,
(2) That this provision applies only to residences In '
existence on the date of the ordinance and
property developed after the date the ordinance
is enacted shall be charged the regular
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' Robert Nelson and Robert Fiorini
October 1, 1980
Page 2
pro-rata charges in accordance with the
provisions of Section 25-76.
(3) That all residents shell be required to connect
to the sanitary sewer line within six (6) months
from the time the City of Denton approves su:h j
sanitary sewer line. t
(4) That the failure to comply with the provisions of
the amended ordinance could result In a
termination of water services until the property
owner has complied with the terms and provisions
of the new ordinance.
First, we see no justifiable reason for charging existing
t property owners upon which a building is located only sixty 1
(60) per cent of the share of the City of Denton which amounts
to twenty-five (25) per cent of the actual construction costs
and charging property owners upon which no building now exists j
sixty (60) per cent of the total cost of the project when they I
tie on at a subsequent date to the sanitary sewer line. This
certainly would not be'treating all property owners within one
hundred (100) feet of the sanitary sewer line equally insofar
as the charges for tying onto the line are concerned. -
Second, the six (6) months' provision for tying onto the line
is in conflict with the other provisions of the ordinance
recited above requiring them to tie onto the line if they are
within one hundred (100) feet of the sanitary sewer line after
receiving notice to tie on by the Health Officer of the City.
if it is the desire of the City to change the provisions for
tying onto sanitary sewer lines, then we should amend the above
quoted provisions of the ordinance.
Third, we seriously doubt the right of the City to withhold
water service to property for not tying onto the sanitary
sewer, unless there is an existing health hazard which would
require the property to be tied onto the sanitary sewer system
in accordance with existing provisions of the ordinance.
Should the Health Officer decide that a health condition i
exists, then the City would probably be justified in
withholding water services until the other provisions of the 1
ordinance are complied with.
We have prepared an ordinance amending Chapter 25 of the Code
of ordinances to provide for sixty (60) per cent of the City of
Denton's twenty-five (25) per cent share of actual construction
costs on the Environmental Protection Agency grant sewer line
which would apply not only to the existing structures but to
all property on the sanitary sewer line.
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C. J TAY R R.
CJTJRner
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Mo.
AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF
THE CITY OF DENTON, TEXAS, BY ADDING THEAE'M A NEN SECTION j
25-77 (Al PROVIDING FOR PRO-RATA CHARGES FOR TAPPING MAINE
EXTENDED BY THE CITY UNDER AN ENVIRONMENTAL PROTECTION AGENCY
GRANT N0. C-48-11811 AND PROVIDING FOR AN EFFECTIVE DATE. j
THE CITY COUNCIL OF THE CITY OF DENTON, TCKAS, HEREBY ORDAINSI
PART I.
n Chapter 25 of the Code of Ordinances Of the Cily of Denton,'
Texas, be, and the same to bereby amended by adding a now
1 Section 25-77(A) to Chapter 25 entitled "Section 25.71(A)
Pro-Rata Cost Charges for Tapping Maine Extended by the City
under the Environmental Protection Agency Grant No. C-41-1188'
reading as follows
I Section 2S-77(A) Pro-Amts Costs Charges for Tapping Maine
Extended by the City Under Environmental Protection Agency
` Grants.
Saver ltne.pro-rata coat 'charges for tapping mains extended
under the Environmental Protection Agency Grint No. C-41-1181,
City of Denton Bid No.'1754, Section B, shall be sixty (66) per i,
cent of the City of Denton's twenty-five (25) per cant share of
the actual construction costa of said project, i)
1
PART it. f Thir•ord)nance shell take effect from and after its date of `
passage and publication as requ(red by law.
PASoED AND APPROVED this day of i 1980.
CITY Of DENTONO TEXAS
ATTEST:
t
P,OOK _fT1 SECRETARY
CITY OP DENTON, TEXAS
APPROVCO AS TO LECAL FORM
C, J. TAYLORi JR., CITY ATTORNEY
CITY OOr DE~NT,O,NNo TEEXAS,
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3 October 14, 1980
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CITY COUNCIL AGENDA ITEM 1
SUBJECTS
Consider Abandonment of a 16' Easement Across the Rear of
Lots Facing Mulkey in the Meadow Oak Addition.
SUMMARYI
i
Rear lot easements were required on this plat as a
requirement for overall utility service to 'a preliminary plat i,
which extended to Audra Lane. These 1-its facing Mulkey were
the only ones ever covered in a final plat and all 'services f
are being furnished from Mulkey Street. The easement in not
required for service and owner has requested abandonment so +
he can utilize area for building sites.
BISCAL SUMMARYI f
Not applicable.
ACTION REQUIREDI ik
Approve or deny execution of b attached quit claim 1
instrument for abandonment of ease'i!!t,6
4
ALTERNATIVESs
Retain Easement. E
RECOMMENDATIONI
The Public Utilities Board, at their meeting of October 8,
100, recommended to the City Council that the easement be
abandoned.
Respectfully,
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c R. E. Nelson
Director of Utilities
EXHIBIT I Map
it Quit claim
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OR1VE
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court $ t 1 ~I. e t
fill
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MEADOW OAK ORIV4 $C
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6-60-OM Cur 0e0-wN Mmia hid d r,w. rwr AA.,Am,..r. MAMmr hens, 0,. K- _
THE STATE OF TEXAS I
KNOW ALL MEN BY THESE PAE$1CM:
COUNTY Oy Denton
flat the City of :Anton, Texas, A Municipal Corporation
E
of tho Conatl K Denton ad gtats of Taxis , for erd b, araa.aien s:
I
the rm of
One Dollar (41.00) and nollOO DOLLARS, I
to it labsadpadhy John S. Meade, Mesa Homes, Inc., D.C. Walston and
T.Richard Allen
of the Cea'ty d Denton and Stdo of Texas . rig srsya ad nMe1
Is hereby ftbwwl dpd, do. by thw presents, RUGA N, SEJ. RELEAM AND 7019M
QUIT CLAY anto the rid John S. Meade, Mesa Homes Inc., D.C. Walston' and T s "
i
Richard Allen
their tetra And aeslsns ad its right title sad interest fe and to that aeetata heat a pee
ad ad Led bins In the Comty of Denton and gets of Tons, d oer%W as titre,.
tPlllt~
All that Certain lot, tract or parcel of land lying and being aitUtied
in the city and county of Denton, state of Texas, and being per of the
4. Brock Surrey, Abstract Ro. 55 and being part of Lots no. I,13 1,5,
and T Block 6 and Lots no.l aAd 2 Block 8 of the replat of Lot' 11.hrongh
11 Block 6 and Late 1 through a Block 8 of the Meadow Oaks addition, an
addition to the city and county of Denton, as recorded in Cabinet B pap
131 of the Plat records of Denton County, Texas and More particularly i
described as tolloxai 1
Tract 1
grin the east 16 teat of said lots 1, 2, 3, 1, 5,6,aod T !lock 6 an6 bsin6
4291,12 tree, more or less, in length aid Contalniag 6B94.19 square fear
of land sore or least
tract II
Being the east 16 feet of said lots I and 2 block B sad taint 126.4 feet,
More er lass, in length and containing 2018.55 square feet of land, more
or less.
TG HAVit AND TO HOLD the rid pnWm together aftb al and singular the rlgb% ps4A•
Was sad appmtessum tberete In nay manna beIeagfor site the raid John S. Heide, Mesa }
Roads Inc., D.C. Wsieton and T. Richard Allen
their boa and arigs, femeq s that eothsr the aNd
City of Denton, Taxes, its successors
"ra--••~-bftow W Woes erpalms daiminf Dada it 64 at say time Lasttor, J
hare, Balm or demand any right a two to the atmwd prembr or oppartenanaer, err set WA thre-
od .
wnvm lead at thL 4
!
day of A. D. it
tfer.egy, Sagas i
' witasrer at Rpcest of Graetrl ,City- at
Attut t .Hue
Richard Stewart, Mayor'
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NO.
AN ORDINANCE AMENDING CHAPTER 25 OF '?HE CODE OF ORDINANCES OF ~
i
THE CITY OF DENTON, TEXAS, BY ADDING THERETO A NEW SECTION
25-77(A) PROVIDING FOR PRO-RATA CHARGES FOR TAPPING MAINS
EXTENDED BY THE CITY UNDER AN ENVIRONMENTAL PROTECTION AGENCY
GRANT NO. C-48-11881 AND PROVIDING FOR AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
1
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PART I.
Chapter 25 of the Code of Ordinances of the City of Denton,
Texas, be, and the same is hereby amended by adding a new
Section 25-77(A) to Chapter 25 entitled "Section 25-77(A)
Pro-Rata Cost Charges for Tapping Mains Extended by the City
Under the Environmental* Protection Agency Grant No. C-48-1189"
a reading as follows:
Section 25-77(A) Pro-Rata Costs Charges for Tapping Mains
Extended by the City Under Environmental Protection Agency
Grants.
Sewer line, pro-rata cost 'charges for tapping mains extended
under the Environmental Protection Agency Grant No. C-48-1188, E
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City of Denton Bid No.,8754, Section B, shall be sixty (60) per
cent of `0e' City of Denton's twenty-five (25) per cent share of
the actual construction costs of said project.
PART 11.
This-ordinance shall take effect from and after, its date of
passage and publication a's required by law.
PASSED AND APPROVED this day of 1980. j
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RICHARD Of STEWART, MAYOR
CITY OF DENTON, TEXAS
ATTEST s
BPOOK9-1, LTA C., SECRETARY
CITY OP DENTON, TEXAS 7y
APPROVED AS TO LUGAL FORMS
C. J. TAYLOR, JR., CITY ATTORNEY f
CITY OF DENTONt TEXAS
BY
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City of Denton
Memorandum
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October 14, 1980
Agenda Item:
Approval of the final plat of Denton Bible Church Addition.
Summary:,
The developers seek to subdivide a .8 acre tract located along "the
South side of University Drive for the purpose of constructing a
church. The church owns all the triangular shaped property shown
` on the enclosed map but are only platting ,8 acres at this time.
Recrmmendation:
The Planning and Zoning Commission recommends approval of the final
plat of Denton Bible Church Addition with, the condition that when
additional development is proposed on the remaining property the
church will replay the parcel and pay additional pro-rata changes on
the water line in university Drive.
The Development Review Committee also recommends approval.
I
Action Required:
The City Council should glove to approve the final plat of Denton Bible
I Church Addition.
Exhibits:
Map
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AGENDA t i
CITY COUNCIL OF THE CITY OF DENTOH
October 14, 1990 ; f.
Special Called Meeting of the City Council of the City of y"fF
Canton at 5100 p.m., Tuesday, October 14, 1980,` in the
Conference Room of the City Managerfa Office of the Municipal
Building at which the following items of business will be
discussed.
Executive Session:
A. Legal Matters - Under Sec. 2(e), Art. 6252-17 !
V.A.T.S. t
E` B. Real Estate Under See. 2(E), Art. 6252-17 y
V,A.T.S.
C. Personnel - Under See. 2(9), Art. 6252-17 #
.k V.A.T.S.
D. Board Appointments - Under Sec. 2(g)► Art. .
6256-17 V.A.T.B.
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CADDENDU
ITY COUNCIL OP'.TH9 CITY OF DENTON
{
October 11 1980 i
l• Consider Civic Center lease policy.
2. Consider the request; of NTSU Democrats to close Fry
Street between Oak and Hickory for a strRet party.
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