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HomeMy WebLinkAbout11-09-82 { NOTICE UH NURK SESSIU,N - REWLAk S1'l;C1AL CALLEU~ EMERGENCY MEETING OF THE _ C-L*-( l'r11t~t~~C. _ OF THE CITY OF DENTON, TEXAS. ,Notice is hareby, given that on the Jay of 19 Al-- ~ the C. 7t , -t Cit-y- i Denton, Texas will hold a work session - reg lar - special /called me gene &Nk- meeting at 3C) o'clock, M its_ o the Dlunicipal Bui ng orated at 21s T.`as~t`lMcK'Uenton, Texas. The subjects to be considered are listed on the Agenda which is attached hereto and make a part of this notice. if during the course of the meeting covered by this notice the Board/Commission should determine that an executive meeting. of the Board/Commission, or a consultation with the City's attorney should be held or is required, then such executive meeting or consultation with the City's attorney as authorized by Article 6252-17 Revised Civil Statutes of Texas will be h,,!Id by the Hoard/Commission at the date, hour, and place given in this notice or as soon after the commencement of the meeting covered by this notice as the Boaru/Commission may conveniently meet in such executive meeting, or consult with the City's attorney concerning any and all subjects and for am and all purposes permitted by Section 2(b) through Section 2(p), inclusive, of said Article 6252-17, including, but not limited to: Section 2(c), Section 2(e), Section 2(f), Section 2(g), and Section 2(j) and as marked in the attached Agenda. Should any final action, final decision, or final vote be required in the opinion of the Board/Commission with regard to any mutter considered in such executive meeting or consultation with the City's attorney, then such final action, final decision, or final vote; shall be at either: (a) the public meeting covered by this notice upon the reconvening of this public meeting, or (b) at a subsequent public meeting of the Hoard/Commission upon notice thereof, as the Board/Commission shall determine. Un this dsy of ° 12 , 1V the original of uis instrument was filed among the official records of the City of Uenton, 'texas, and an original copy was posted on the bulletin board in the main lobby of tie Municipal Building of the City of Denton at r:tgl~ o'clock, ll/ _m. on said ,late. CflA ,-[oTr Al .LEN, CiT SEUL 'AI Cl'TY OF DENTUN, TEXAS U214C I AGENDA dSy"~ ~ ' . CITY OF DENTON CITY COUNCIL 91 Novem 5:30 P.M. ber 9, 1982 10, 0-0 A N Special i.alled Meeting of the City of Denton City Council on Tuesday, November 9, at 5:30 P.M. in the Civil Defense Room of the Municipal Building at which the following 'items will be considered: 1. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S. 0. Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. Special Called Meeting of the City of Denton City Council on Tuesday, November 9, 7:00 P.M. in the Council Chambers of the Municipal Building at which the following items will be considered: 7:00 P.M. 1. Appearance by Mr. Paul Pruitt regarding animal control problems. 2. Public Hearings A. Public Hearing regarding the proposed annexation of approximately 0.89 acres of land located along the east side of Mayhill Road north of the Andrew Corporation (Z-1541). (The Planning and Zoning Commission recommends approval with condition.) B, Public Hearing regarding the proposed annexation of approximately 111.72 acres of land located along either side of FM 1830 beginning approximately 2OU feet south of Hobson Lane (Z-1542). (The Planning and Zoning Commission recommends approval.) ' C. Public Hearing regarding annexation of approximately 122 acres of land beginning it the center line of Edwards Road approximately 1800 r feet east of May,*11 Road - Z1549. D. Public Hearing regarding annexation of approximately 24 acres of land located immediately east of the Denton Sewer Treatment Plant. The property proposed for annexation extends from the treatment plant to Pecan Creek Z-1550. 3. Adoption of an ordinance calling a special election on January 15, 1983, legalizing bingo games. 4. Consider the establishment of an Electric Rate Advisory Committee. 5. Official action on Executive Session Items: A. Legal Matters Under Sec. 1(e), Art. 6252-17 V.A.T.S. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S. D. Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. a. New Business This item provides a section in which to suggest new items of business for future agendas. AGENDA CITY OF DENTON CITY COUNCIL November 9, 1982 5:30 P.M. Special Called Meeting of the City of Denton City Council on Tuesday, November 9, at 6:30 P.M. in the Civil Defense Room of the Municipal Building at which the following items will be considered: 1. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel Under Sec. 2(g), Art 6262-17t V6252-17 V.A.T.S. D. Board Appointments Under Sec. 2(g), Special Called Meeting of the City of Denton City Council on Tuesday, November 9, 7:U0 P.M. in the Council Chambers of the Municipal Building at which the following items will be considered: 7:00 P.M. 1. Appearance by Mr. Paul Pruitt regarding animal control problems. 2. Public Hearings A. Public Hearing regarding the proposed annexation of approximately 63.89 acres of land located along the east side of Mayhill Road north of the Andrew Corporation (Z-1541). (The Planning and Zoning Commission reconmends approval with condition.) B. Public Hearing regarding the proposed annexation of approximately 111.72 acres of land located along either side of FM 1830 beginning approximately 2UU feet south of Hobson Lane (Z-1542). (The Planning and Zoning Commission reconmenos approval.) C. Public Hearing regarding annexation of approximately 122 acres of land beginning in the center line of Edwards Road approximately 1600 feet east of Maynill Road - 21549. D. Public Hearing regarding annexation of approximately 24 acres of land located immediately east of the Denton Sewer Treatment Plant. The property proposed for annexation extends from the treatment plant to Pecan Creek Z-1550. 3. Adoption of an ordinance calling a special election on January 15, 1983, legalizing bingo gaines. 4. Consider the establishment of an Electric Rate Advisory Committee. 5. Official action on Executive Session Items: A. Legal Matters Under Sec. 2(e), Art. b252-17 V.A.T.S. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.o%,1•5. C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T., 0. Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. b. New Business This item provides a section in which to suggest new items of business for future agendas. VD CIYYof DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 L4 E M O R AND U_M TV, The Mayor and Wv bers of the City Council FROM: Bill Angelo, Senior Administrative AGsistant DATE: November 3, 1982 SUBJECr: Appearance by Paul Pruitt Mr. Paul Pruitt, of 1521 Knight Street, has requested an appearance before the City Council relative to an alleges: animal nuisance problem. I anticipate that Mr. Pruitt will address the Council on two issues relating to the alleged problem. Primarily, I feel that Mr. Pruitt will complain to the Council about the handling council existing Staff. ]y, animal nus anoe provisions of l the probably Animal Control of this case strengthen by to ordinance. Mr. Pruitt first filed his cceplaint in February, 1982 at which time he alleged that two dogs belonging to Mr. Mike Mintor of 1524 Lindsey were creating a nuisance by constantly barking. The case was originally tried :n Municipal Court on March 5, 1981. During the trial Mr. Mintor produced several witnesses from the neighborhood who testified that the dogs were not a problem. The case was dismissed when both parties agreed to work things out among themselves. Cn April 22, 1982 the case %,as once again brought before the Municipal Court at winich tin-1 the Municipal Court Judge found the defendant not guilty of creating a nuisance. Since October, 1981 }he Animal Control Division has spent approxi innine t00 hou at observing these animals at the tires specified by Mr. Pruitt g which the dogs bark most. During these hours of observation our officers have only heard the dogs bark three times. As reported by the officers, the noises made by these aninals were not loud nor did the barking last over 25 seconds. In addition, the Animal Control Division interviewed almost all of the area residents relative to the alleged nuisance. Each of the residents interviewed stated that the dogs did not disturb them. Appearance by Paul Pruitt • November 2, 1982 Page 2 Most recently, Mr. Pruitt has supplied the Animal Control Division with the phone numbers of three witnesses who he claims will testify in his support. one of these witnesses claim that the dogs do bark a lot and that they bother her but not enough to conplain. The second witness has stated that the dogs are not a problem and he will not testify. We have been unable to contact the third witness after repeated attempts. In essence, we have been unable to produce any real evidence that a nuisance problem exists in this situation. Therefore, we have not been able to enforce the provisions of the Animal control Ordinance against Mr. Mintor. It is x intention not to pursue the complaint any further unless W. Pruitt can prove that the situation has signi- ficantly changed. In response to Mr. Pruitt's request to strengthen the animal nuisance provisions of the Animal Control ordinance the staff is of the opinion that the existing provisions are adequate. The existing provisions allow the Animal Control Division the flexibility of pursuing nuisance complaints on either a formal or informal basis. It is our opinion that the ordinance as written allows for the effecting enforcement of animal nuisance cases. in addition, we feel that this Division has been relatively effective in resolving the nuisance complaints we have received. Should you have any comments or questions on this matter, please let me know. Respectfully submitted, ` eill:=O Attachments: Mean from Animal Control Supervisor Animal Nuisance Provisions "g h' CITY OF DENM ' MEt~10F2ANi)lAK T0: Bill Angelo, Senior Administrative Assistant FROM: Alan Simpson, Supervisor, Animal Control DATE: September 28, 1982 SUR=: Pruitt VS. Mintor , In response to Paul Pruitt's na-ning of witnesses in his never-ending conflict with Mike Mintor, the accompanying reports reflect their comments. Only two witnesses could be oontacted, repeated attempts to oontact the third have failed. As shown in the reports, the witnesses rave never been bothered by the dogs enough to complain about the noise. Cne witness is reluctant to testify in court and one flatly refuses to appear. Both witnesses reported that they were not annoyed by the dogs at night, In view of the statemen`.s of the witnesses and fief earlier. court decision, I advise that this departn:n'.t not devote any furLtklr tine or effort to this case unless the situation changes dramatically, Should the situation change, we will, of course, irnv-stigate. i Cs!% y Alan Simpson , AS/Yg r T o flu use ONLY MISCELLANEOUS CRIME REPORT CITY Of DENTON Rtlc o POLICE DEPARTMENT uc•+ ' • Dist wlio_` 1 q C/ 'r-h'Cl ~ Jdf REPORT N0. CLANIIIc►t1ON er cowl L Iwtol ND. 1• ce ►La1Na0~Y1[TIM I. t04I1. i44 07■ R1s1~0[[ 1DO~ t ~ n11Df` ~U-949 I U > rT f ,1 Y AA(les ►TRLU a00RNS Cltl WNNIf! ►wfst •O. I 7 I oI '04m, fl[ IaAC( %tt As I 1. c4ILO7CD {TI 'Up lkl Z•rti~&'1~r~1ot W f. OAIt Teo[ OtCWRlO I. NDF O[IORttO / 7. Dlatl tRI41 et tY RRLO ,cocoa coultt7c aDORIs-sl 11. NOYL aDOR Los cllr 1=. I.O M( ►RONI NO. II. OOI[ r.41 Rt IOR 1L0 9 2 /61/6;1 r J tir rv/j r Trtl+l. ltoit7 ►00R 1a{ 1111 it. aWIN[af *N o.& 00. It. NOYU 01 Iv ►aewUt It. WITOtos Out •000[5{ cltl al. MACE its st 7{. " ! ,I. F LI(177 ►wONt ♦O. N Y I7OC100 i{. t4►LO7 t0 {7! stR(Ll aDCR[H. l7. Yf M1 C4C COL R 11. rlaR 1 . YMl . ODOr rr 21, LI N NO.•sl N[•ICAR Il. Yt Nlt Ll 1.0. .600. tic. , r 1 . REMARK L'rLAj O t o Tor s ?A AI.jD bt/~k~~ t-fRS, lU~c5~~1 ~,'hcl~ per A 1177. 1/IS 1 1 t, It I ✓ 1 ~~r r/ti !/~E ~ST/Iti~tJ , L Ke- r . E I 1-r :1 USf L' :Zu(= T2)tp r f I' 1(( ,gip"f''ELI, l S . ESTIMATED OUAN. DESC PTION OF PROPERTY STOLEN t6RAN . ODEL & CALIBER, COLOR) SERIAL NUMBER VALUE I~ j}rE ~,KE Ir,irEi2 A-5/00fMee:, Ll. Ft th'EX ~4r e' ocE! ur~v r~YS . PERSONS ARRESTED REPORTING OFFICER C! -CASE FILED- THIS OFFENCE IS: rINVESTIGATINOOFFICER l`Il(.1.4Ar)A ~ 74/ 1 YES❑ NO L.,1 CLEARED BY ARREST LS; UNFOUNDED C] DATE lVItRrItIN{ err ltlR ARRtOIIRS OrrIC to S ~ f 7.~ '7-'/ uu 1. y• l.rv' . IIy~~_'. 'I'.I_'I kd if t•. •y: _ i~ `I N...Y': . + F~' ~ 1 • ` WIC] UBE ONLY CITY OF, DENTON RELEASE DATE ANIMAL !CONTROL. NOTIFICATION TYPEOFEXPOSURE e ~.I,LI ti ( ~ o~7 Z CLA11111CATIQ 14 DATE a t C0M Ximst•VKvim CtA11UKAT4N 1C0MP1AINANtt NlllDINCI AODAl11 CITT It 111.11io"c1000NI40 ~R ~F 5C~7 Cni '~a .neon x- 33 / VICTIM NAC1 tit 1101 ►tMPtOTl0tT ' tlt ADD1Eq CITT { IUtlMlll ►MONf NO W n'1 / WIPNIIt A001[ { 1 T 1 tRIrMONt NO 1 MOW 1111"001710. e~bt iZt~ d5d P) In 1e NotuT 11. IADOAIU City It 11awt►MONk No Ii OATI 1141 NtP01710 14 . ►UICI WhOmtory $74117 woo { City 1{ ty11Nk1! PHONE -%o -W4 "Dung OF impic'mio 11 ANIMALOWM I4 ow"Ilt HowA OA :set/ CIIV It IIACI /p 1"0 MOMC p"0141 N9 IP4 Lj- OCCVPAtIOM TI ! / k T. /tAIM ADDI It1 C11ti 10 1UIIN1{I ►Ne 1 NO PO kovas 00 1Mfk0.M[VT H. VACCINATION "If >r vti[AINANIAN U 41011 Off INIII REMARKS c1 It h f_1 jY~,JT ~CYJ s~ eI1,104 1Ls I aifP.. L'LCf er ~YillQ,_ ~f 111f \Cl A I 1 f r le- 1 / S r' PS-R1 LM Q ..r SIONATURE: 911 IQ DATE: Z./ DESCRIPTION OF ANIMALS 1 I , 1~ r ti OFFICER REMARKS ~PI~~ M1 11 REPOATING OFFICER ANIMAL 13 INVESTIOATINO OFFICER IMPOUNDED DATE J1//~( ~ O Z • ' QUARANTINED ❑ OTHER ❑ F. wclauAll>,NTaNte tuntvlto~ . SECTION 4-20. 4WMAL NOISG, WASTB;•KEEPIN&F BEGS It shall be unlawful for any person to knowingly: (a) keep any animal that unreasonably barks, howls, whines, crows, or makes other unreasonable noise common to its species near a private residence so that the reasonable use and ,,enjoyment of such property is disturbed. (b) keep any animal in such a manner as to endanger the public, health by the accumulation of organic body wastes. (c) keep any animal which habitually deposits body wastes upon or destroys by chewing, scratching, digging o; otherwise, property other than that of the owner of such animal, (d) keep bees in such a manner as to deny the reasonable use and enjoyment of adjacent property or endanger the personal health and welfare of the inhabitants of the City of Denton. I SECTION 4-21. INTERNAL PROCEDURE FOR ANIMAL COMPLAINTS UNDER SECTION 4-20(a) A report alleging a violation of Section 4-20(a) of this ordinance must be written and signed by a person who 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 iaport to determine whether probable cause exists for the issuance of a citation. Provided, however, that informal resolution of the complaint may be atterepted by the Animal Control Officer according to the following procedure: (a) Written notice of the report shall be personally served or sent by certified mail to the alleged violator with a request to correct the problem. , (b) If the complainant not.,Iles the Animal Control Center that the problem ppersists, a final notice shall be personally served or sent by certified mail to the alleged violator informing said person that an investigation will be conducted by the Animal Control Center within seven (7) days of the receipt,of the notice and that If the problem is not corrected within this time, the violator will be requested to appear before a hearing officer appointed by the City Manager, (c) If the investigation shows that the problem persists, an informal hearing on the complaint shall be held on adequate notice to the parties 'and shall be conducted by the animal PAG G '8 ~ l control hearing officer, with the alleged violator, complainant, and any witnesses present. (d) The hearing officer shall make written recommendations concerning what, if any, remedial measures are required. If the violation is not corrected within seven (7) days of the date of the hearing, a citation requiring a court appearance shall be issued. If the Animal Control Officer issuing the citation has no ppersonal 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 citation. • i AA PLANNING AND ZONING COMMISSION RECOMMENDATION TO THE CITY COUNCIL To: Denton City Council Case No. Z-1541 Date: November 9, 1982 GENERAL INFORMATION Applicant: City o-! Denton 215 E. McKinney Denton, Texas 76201 Requested Action: Annexation Purpose: To insure development occurs in accordance with City Standards, Location: East side of Mayhill Road from Page Road southward to existing city limit. Size: Approximate 63.89 acres Existing Land Use: Vacant, except for one (1) residential dwelling Surrounding Land Us'e: North - Vacant South - Andrew Corporation East - Vacant Test - Vacant Master Plan; Low Intensity Area; Mayhill Road pro- ~osed as Major Arterial Street in this area; Page Road as a secondary arter- ial. Applicable Regulations: if the property is annexed, the owner will be required to seek appropriate zoning to develop a mobile home park and must develop in accordance with the Mobile Home and Travel Trailer Park Ordinance. (Z-1541) Page 2 SPECIAL INFORMATION public utilities: Adequate water and sewer capacity is available and trovaleforaextensiondof City Council appp water and sewer services. Public Services: Sanitation service is available. Transportation: Should the mobile home developmenrox- occur, the area will generate approx- imately 3,000-4,000 trips per day. It is anticipated that this amount of traffic will significantly impact "un- improved perimeter streets" in the area. ANALYSIS The property belonging to Mr. Allan Getz consists of approxi- mately 39 acres on the east side of Mayhill Road. The balance of the property included in this proposed annexation is land lying between the current city limit and the Getz property. The City Council recently approved extension of water and sewer facili- ties to the site, which is proposed for mobile home park devel- opment. Should the proposed mobile home park site be annexed, then the developers would have to seek appropriate zoning for a mobile home park and develop the park in accordance with the mobile home park ordinance. The proposed development meets the Dentur, annexation policy guidelines for determining when annexation should be considered, nd as indicated by the City Council action with respect to xtension of water, sewer and electric services, there is ade- quate capacity and ability to provide normal urban services equal to other comparable areas inside the city. If subdivision of the parcel is required, there is no provision for cost participation by the developer for roads around the perimeter of the proposed development if the area is not annexed into the city. (Z-1541) Page 3 ANALYSIS CONTINUED Additionally, if the area is not annexed, the mobile home park would not have to meet the development standards as set forth in the mobile home park and travel trailer ordinance. Without ben- efit of the standards in the mobile home park ordinance the city has no means of controlling the quality of land use. As many as 350-460 mobile homes could be located on the property generating 3,500 to 4,000 vehicle trips per day. These figures, which are based upon maximum utilization of the property, indi- cate substantial traffic impact upon nearby unimproved city streets. The section of Mayhill Road along the west side of this tract is a planned major arterial street and the tract is in a designated low intensity area, which is on the edge of a high intensity node. RECOMMENDATION The Planning and Zoning Commission recommends approval of the proposed annexation with the deletion of the tract with the single family residence by a vote o 5-0. ATTACHMENTS 1. Map 2. Annexation Policy 3. Plan of Service , 4. Property owner list 5. Reply form totals b. Planning and Zoning Commission minutes of meeting of October 20, 1982 • r 6% 1 Q. w G • J r r ~.~r r rti • I • ` • r • -rn. r~ 1 r ~ ! r~1J D . C I • ~.r • I' 11' r .ter r 1 ' rrra r • r r d rr►..ro • • o • b 0 •M M A...- d ANNEXATION POLICY; It is the general policy of the City of Denton to assess on a case by case basis the annexation of areas in the Extra Territorial Jurisdiction (ETJ) when significant developments are proposed or occurring. The following are guidelines for determining when annexation should be considered: 1) Single family developments over five lots; 2) Multi-family industrial or commercial developments over one acre; 3) Any area where the density exceeds 500 units per square mile; 4) Any development or area that might present a significant _impact upon the City in such ways as service cost, increased traffic, utility needs or utilization, safety or health hazards, substandard construction practices, detrimental aesthetic quality or other similar community impacts. When the above conditions exist, appropriate City staff shall review the proposed d:velopment for the purpose of considering annexation. The review shall also include consideration of the annexation of logical planning areas around the area of initial concern. In studying the question of whether or not an area should be annexed the following criteria shall be considered as a minimum: 1) The ability of the City to furnish normal urban services equal to other comparable areas inside the city limits. (Note: water and sewer system capabilities considered, but lines for individual areas normally not City financing responsibility.) 2) The reliability, capacity and future public cost (if any) of current and planned provisions for community facilities such as roads, utilities, etc. (Private facilities will be considered). Annexation Policy 3) The need and quality of land use and building controls. (Private controls will be considered,) e 4) Impact on the City both current and long range, including as a minimum; a) fiscal cost and benefits b) traffic c) infrastructure of roads, utilities and other community facilities d) safety or health e) building/development quality f) aesthetic quality g) community character 5) Conformance with and/or need to insure conformance with the Denton Development Guide. If, after preliminary study, the above criteria indicates a need to more seriously consider annexation in order to promote or protect the.public interest then the City will initiate formal annexation proceedings to consider the annexation question in dett"..l. If a property in the gTJ is contiguous to the City limits and the owner of said property desires that it be annexed in order to be qualified to receive City services when available, and to be afforded zoning protection, the owner may petition the City for annexation. i 4 PLAN OF SERVICE %R ANNEXED AREA, CITY OF INTON , TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1. Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there iz hereby adopted for the proposed annexation area the following plan of service: I. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. B, -Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. . C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 13,06 of appendix A of the code o:' the City of Denton, Texas. D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 13.06 of appendix A of the code of the'City of Denton, Texas. E. Refuse Collection ,r (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation, Service Plan • Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation. (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation. (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. 0. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation. H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. 1. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city. K. Electric Distribution (1) The city recommends the use of City of Denton for electric power. Service Plan Annexed Areas Page three L. Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. II. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as: (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities. (2) Impact on the balanced growth policy of the city. (3) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged acccrdingly to the same established criteria as all other areas of the city. x~ s 1rat + r. C ! 6 6 It JJ S P 114 1* s 1, , CITY COUNCIL Z-1541 IN FAVOR . IN OPPOSITION UNDECIDED None Received None Received None Received Minutes Planning and Zoning Commission October 20, 1982 Page 7 reviewed by Development Review Committee and is accept- able. He said it is fortunate that drive cut complies with city and state requirements and that there were no drainage requirements. On question, Mr. Watkins said that since plat meets requirements there is no basis for denying the plat. Chairman asked that matter be brought to attention of city manager and suggested that City Manager urge other departments to be aware of platting requirements before issuing permits for taps, etc. He said he would like to be informed of response. Mr. Escue moved to recommend approval of final plat of Jack Briscoe Addition. seconded by Mr. Juren and unani- mously carried. (5-0) E. FZ-1541. Consider proposed annexation of approximately 63.89 acres located along the east side of Mayhill Road. Mr. Watkins presented proposed annexation stating that the owner of a 39 acre parcel had requested permission of the City Council to extend utilities in order to develop a mobile home park= City Council directed staff to initiate annexation proceedings. Staff is recommend- ing extending current city limits line north to include property between Andrew Corporation and the Getz prop- erty for a total of approximately 63 acres. He advised that first public hearing before City Council is sched- uled for November 9 and second public hearing on site is scheduled for November 30, that proposal is brought to Planning and Zoning Commission at this time for a formal recomiroendation. On question, he said that Andrew Corpo- ration has not been contacted, that notices will be sent to property owners prior to public hearings. He further explained that purpose of annexing Getz property is to assure that mobile home park is developed in accordance with mobile home ordinance. Chairman asked about existing residence at southwest corner of proposed area, questioning annexation without providing benefits, Mr. Watkins advised that the party would be able to tie on to utilities. Mr. Sidor commented that it would not be in best interest of city to offset that property. Minutes Planning and Zoning Commission October 20, 1982 Page 8 Mr. Sidor moved to recommend anno.:ation of 63.89 acres. Seconded by Mr. Claiborne. Mr. Juren amended motion to exclude private residential area at southwest corner. Mr. Escue seconded the amend- ment. Vote was called on amendment: Aye - Claiborne, Hscue, Juren and LaForte Nay - Sidor Motion carried. (4-1) vote was called on motion to annex: Aye - C1.3iborne, Escue, Juren, LaForte and Sidor Nay - None Motion unanimously carried. (5-0) Mr. Watkins advised that total 63.89 acres would be advertised for annexation, as smaller but not larger area than area advertised could be annexed by the city. He said that City Council would be informed of Planning L and Zoning Commission recommendation. Mr. Claiborne left meeting. F. Z--1542. Consider proposed annexation of approximately 111.72 acres located along either side of F. 14. 1830. Mr. Watkins presented proposed annexation stating that home owners on the west side of FM 1830 requested per- mission of the City Council to extend water and sewer to their homes. When this was first brought to Planning and Zoning Commission, it was their recommendation that area be expanded to include property on east side of road consisting of a total of approximately 111 acres. He continued that condition of the southernmost portion of the property on the west side was a consideration in recommending annexation and pointed out that it has since been learned that a contractor's shop exi.%ts along with a residence which business use would be aliowed to continue but not expand without a zoning change. Vacant land existing on the east side is beginning to develop and annexation is recommended to ensure compatibility with Forrestridge Y and ii. Mr. LaPorte moved to recommend annexation of 111.72 acres on either side of FM 1830. Seconded by Mr. Juren and unanimously carried. (4-0) PLANNING AND ZONI'iG COMMISSION RECOMMENDATION TO THE CITY COUNCIL To: Denton City Council Case No. Z-1542 Date: November 9, 1982 GENERAL INFORMATION Applicant: City of Denton 215 E. McKinney Denton, Texas 76201 Requested Action: Annexation Purpose: Control existing and future development Location: 3oth sides of FM 1830 beginning approximately 200 feet south of Hobson Lane. Size: Approximately 111.72 acres Existing Land Use: Two duplex, four single family and four mobile dwellings Surrounding Land Use and Zoning: North - Housing and Vacant South - Housing and Vacant East - Residential West - Vacant; Commercial Master Plan: Low Intensity Area SPECIAL INFORMATION Public Utilities: Adequate water and sewer capacity is available. The City Council recently approved utility extension to serve the houses fronting on FM 1830. Public Services: Sanitation services are available. Transportation: Existing land uses have insignificant traffic Impact. (Z-1542) Page 2 ANALYSIS This parcel meets the first guideline in the annexation policy for determining when annexation should be considered: single family development over five lots. The property is located in an area where the city has the ability to furnish normal urban services. The condition of the structures on the two southern- most lots indicates a need for code enforcement and building controls because of the quality of the existing land use. Because of the scale and location of the site it is anticipated that fiscal benefits will exceed cost, and it is felt that traf- fic infrastructure, safety, and health impacts are insignificant at this time. Since the Planning and Zoning Commission last considered annex- ation of this area it has come to our attention that the parcel owned by Mr. Stapler on the west side of FN 1830 is and has been used as a residence and a contractors shop. If the property is annexed no expansion to this business could occur without a zon- ing change but Mr. Stapler does have the right to continue the business use of the property as is. It is felt that annexation of the property is required to con- trol the expansion of mobile homes on the south side of this land and to prevent the development of incompatible land uses adjacent to Forrestridge I and Forrestridge II. RECOMMENDATION The Planning and Zoning Commission recommends approval of the } proposed annexation by a vote of 4-0. ATTACHMENTS 1. Map 2. Annexation Policy 3. Service Plan 4. Property owner list 5. Reply form totals 6. Planning and Zoning Commission minutes of meeting of October 20, 1982 i., ~ ~ r • III/f11►11~111 w 0 "e w ■ • le P r 4 eate . rQ- c 7 r r.~ M _OI~ r U3 , ` 377 Mme' I w PA 1. c f Y• A~v i • Co CLuI,~ • , If a~ - Z3 o • _ • C I co r0 N544 w ANNEXATION POLICY: It is the general policy of the City of Denton to assess on a case by case basis the annexation of areas in the Extra Territorial Jurisdiction (ETJ) when significant developments are proposed or occurring. The following are guidelines for determining when annexation should be considered: 1) Single family developments over five lots; 2) Multi-family industrial or commercial developments over one acre; 3) An area where the density exceeds 500 units per square mile; 4) Any development or area that might present a significant impact upon the City in such ways as service cost, increased traffic, utility needs or utilization, safety or health ---hazards, substandard construction practices, detrimental aesthetic quality or other similar community impacts. • When the above conditions exist, appropriate Ctty staff shall review the proposed development for the--purpose-of considering annexation. Tht review shall also include consideration of the annexation of logical planning areas around the area of initial concern, In studying the question of whether or not an area should be annexed the following criteria shall be considered as a minimum: 1) The ability of the City to furnish normal urban ser-rices eggal to other comparable areas inside the city limits. (Note: water and sewer system capabilities considered, but lines for individual areas normally not City financing responsibility,) 2) The reliability, capacity and future: public cost (if any) of current and planned provisions for community facilities such as roads, utilities, etc. (Private facilities will be considered). Annexation Policy 3) The need and quality of land use and building controls. (Private controls will be considered.) 4) Impact on the City both current and long range, including as a minimum: a) fiscal cost'and benefits b) traffic c) infrastructure of roads, utilities and other community facilities d) safety or health e) building/development quality f) aesthetic quality g) community character 5) Conformance with and/or need to insure conformance with the Denton Development Guide, If, after preliminary study, the above criteria indicates a need to more seriously consider annexation in order to promote or protect the public interest then the City will initiate formal annexation proceedings to consider_the_annexation.question in detail. If a property in the ET3 is contiguous to the City limits and the owner of said property desires that it by annexed in order to be qualified to receive City services when available, and to be afforded zoning protection, the owner may petition the City for annexation. r PLAN OF SERVICE %R ANNEXED AREA, CITY OF • TON, TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: • Section 1. Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: I. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. B, Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 13.06 of appendix A of the code of the City of Denton, Texas, D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with articlo 13,06 of appendix A of the code of the City of Denton, Texas. E, Refuse Collection (1) The same regular refuse cullection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation, Service Plan Annexed Areas Page two • F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation. (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation. (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. 0. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation. H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. 1, Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the - established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city, K. Electric Distribution (1) The city recommends the use of City of Denton for electric power, 0 Service Plan Annexed Areas Page three L. Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. II. Capital Improvement Progra,n (CIP) The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as: (1) Demand.for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities. (2) Impact on the balanced growth policy of the city, (3) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexa.ion area will be judged accordingly to the same established criteria as all other areas of the city, 3•~C 1r, s+ ) ~fn Sf•t P ~ r ~ r •n l ^ A '~7 E .r r N~ ii. .9 Int. Be x ci O to f ql sr y, 3 1k, tl,r e .i i~ h 7E 1 r MY )Lle W ~~~l • l rnltJ, 7~ ST I. r i h ~f/ J~lf i, f t 6•1'A rA, r lei, is I a rI) IL 16'? L'I /l ...,'~•"--I7 --~"f~" f 1~~1111 `'1' ,C ! Ail' ` Qr Ot lo, ~r S1 l ra /Y i{ r . i r 1'%t A 'J 1 -A Am ft J J li ~ ~t°==17F}TTY' /.i- -PROPERTY -OWNER REPLY -FORMS CITY COUNCIL Z-1542 IN FAVOR IN OPPOSITION UNDECIDED None Received None Received None Received Minutes Pxartning and Zoning Commission October 200 1982 Page 8 Mr. Sidor moved to recommend annexation of 63.89 acres. Seconded by Mr. Claiborne. Mr. Juren amended motion to exclude private residential area at southwest corner. Mr. Escue seconded the amend- ment. Vote was called on amendment: Aye - Claiborne, Escue, Juren and LaPorte Nay - Sidor motion carried. (4-1) Vote was called on motion to annex: Aye - Claiborne, Escue, Juren, LaPorte and Sidor Nay - None Motion unanimously carried. (5-0) Mr. Watkins advised that total 63.89 acres would be advertised for annexation, as smaller but not larger area than area advertised could be annexed by the city. He said that City Council would be informed of Planning and zoning Commission recommendation. Mr. Claiborne left meeting. F.CZ-1542 . Consider proposed annexation of approximately 111.72 acres located along either side of P. M. 1830. Mr. Watkins presented proposed annexation stating that home owners on the west side of PM 1830 requested per- mission of the City Council to extend water and sewer to their homes. When this was first brought to Planning and zoning Commission, it was their recommenaation that area be expanded to include property on east side of road consisting of a total of approximately 111 acres. lie contiqued that condition of the southernmost portion of the property on the west side was a consideration in recommending annexation and pointed out that it has since been learned that a contractor's shop exists along with a residence which business use would bi allowed to continue but not expand without a zoning change. Vacant land existing on the east side is beginning to develop and annexation is recommended to ensure compatibility with F'orrestridge I and II. Mr. LaPorte moved to recommend annexation of 111.72 acres on either side of F&4 1830. Seconded by Mr. Juren and unanimously carried. (4-0) STAFF REPORT To: Denton City Council Case No. Z-1549 Date: November 91 1982 GENERAL INFORMATION Applicant: City of Denton 215 E. McKinney Denton, Texas 16201 Status of Applicant: Owner Requested Action: Annexation Location: Begins approximately 1,800 feet east of Mayhill Road Size: Approximately 122 acres Existing Land Use: Approximately ten (10) dwellings and vacant land Surrounding Land Use: North - Vacant South - Vacant East - Vacant Wiest - Housing and Vacant land SPECIAL INFORMATION Physical Characteristics: Vegetation consists of grass, trees and weeds. The site is currently served by Edwards Road, which is an unimproved road. (L-1549) Page 2 ANALYSIS This is the proposed landfill site located adjacent and south of the city limit. There are approximately ten 10) residential dwellings located on the property. The dwellings and accessory buildings will belong to the City of Denton. The landfill it- self will be located south of the existing dwellings, and the plans call for access to the site by a road to the south from the sewer plant road. RECOMMENDATION The Planning and Community Development Department recommends approval of the proposed annexation. ALTERNATIVES 1. Take no action to continue annexation, 2. Move to discontinue annexation. ATTACHMENTS 1. Map 2. Service Plan PLAN OF SERVICAR ANNEXED AREA, CITY OF • ON, TEXAS WHEREAS, Article 870a as amended requires that a plan of service • be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1, Pursuant to the provisions of Article 870a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: 1. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards, B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation, U, Water Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and ' thereafter from new lines as extended in accordance with article 13,06 of appendix A of the code of the City of Denton, Texas, D, Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 13,06 of appendix A of the code of the City of Denton, Texas, E, Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation, Service Plan Annexed Areas Page two F. Strests (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation. (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation. (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements , as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. G. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation. H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. I. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational progracn and facilities in the enlarged city. K. Electric Distribution (1) The city recommends the use of City of Denton for electric power. i ~ Service Plan Annexed Areas Page three L. Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. II. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as: (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities. (2) Impact on the balanced growth policy of the city. (3) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be fudged accordingly to the same established criteria as all other areas of the city. STAFF REPORT To: Denton City Council Case No. Z-1550 Date: November 9, 1982 GENERAL INFORMATION Applicant: City of Denton 215 E. McKinney Denton, Texas 76201 Status of Applicant: Owner Requested Action: Annexation Location: Immediately East of Sewer Treatment Plant. Size► Approximately 24 acres Existing Land Use: Vacant Surrounding Land Use: North - Vacant South - Vacant East - Vacant West - Sewer Treatment Plant SPECIAL INFORMATION Physical Characteristics: Vegetation consists of pecan orchard, grass, trees and weeds. Land lies adjacent to city limit. ANALYSIS This recently acquired tract will be utilized for sludge disposal. Annexation of this tract will move the City limit in this area eastward to the centerline of Pecan Creek, which is a natural boundary. (Z-1550) Page 2 RECOMMENDATION The Planning and Community Development Department recommends approval of annexation. ATTACHMENTS 1. Map 2. Service Plan PLAN OF SERVICE IR ANNEXED AREA CITY OF • N TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1. Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: 1. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 13.06 of appendix A of the code of the City of Denton, Texas. D, Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 13.06 of appendix A of the code of the City of Denton, Texas. E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation. Service Plan Annexed Areas , Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation. (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation. (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. G. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation. B. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. 1. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies now used in thn present city will be fol- lowed in expanding the ;recreational program and facilities in the enlarged city. K. Electric Distribution (1) The city recommends the use of City of Denton for electric power. Service Plan Annexed Areas Page three L. Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. II. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as: (1) Demand.for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities. (2) Impact on the balanced growth policy of the city. (3) Impact on overall city economics. The annexed area will be considered fc,r CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. • 202L ii NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CALLING FOR A SPECIAL ELECTION TO BE HELD ON JANUARY 151 1983 FOR TEE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY THE QUESTION OF WHETHER OR NOT AN ORDINANCE PERTAINING TO LEGALISING BINGO GA.M.ES FOR CHARITABLE PURPOSES, AS AUTHORIZED BY THE BINGO ENABLING ACT, SHOULD BE ADOPTED BY THE QUALIFIED VOTERS OF THE CITY OF DENTON, TEXAS; DESIGNATING THE POLLING PLACES AND THE HOURS OF VOTINGI PROVIDING FOR THE APPOINTMENT OF ELECTION OFFICIALSI PROVIDING FOR ONE VOTING PLACE; PROVIDING FOR THE USE OF PAPER BALLOTS AND PROVIDING FOR THE FORM OF BALLOT TO BE USED IN SUCH ELECTION; AND PROVIDING THAT THE CITY SECRETARY SHALL PREFORM THE DUTIES AND FUNCTIONS OF AN ELECTION OFFICIAL. WHEREAS, a Petition has been submitted to the City Council of the City of Denton under the provisions of Article 179d V.A.T.S. (Bingo Enabling Act) requesting that an election legalising bingo be submitted to the qualified voters of the City of Denton, Texas; and WHEREAS, the City Secretary has certified that such petition contains the required number of names; and WHEREAS, the City Council of the City of Denton, Texas has designated January 15, 1983 as the next available date to hold such election; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSs SECTION 1. Pursuant to the terms and provisions of Article 1794 V.A.T.S. (Bingo Tnabling Act) a special election is hereby ordered held in the City of Denton, Texas on Saturday, the 15th day of Jarsary, 1983 for the purpose of submitting to the qualified voters of the City of Denton, Texas, for adoption or rejection, the following proposed propositions E FOR LF.AALIZING BINGO GAMES FOR CHARITABLE PURPOSES AS AUTHORIZED BY THE BINGO ENABLING ACT IN THE CITY OF DENTON* TEXAS. AGAINST LEGALIZING BINGO GAMES FOR CHARITABLE nURPOSES AS AUTHORIZED BY THE BINGO ENABLING ACT IN THE CITY OF DENTON, TEXAS. SECTION Its Said election ehall be held between the hours of 700 o'clock A.M. and 700 o'clock P.M. on the 15th day of January, PAGE ONE • f 1983 in accordance with the provisions of the Election Code of E the State of Texasl and the voting places or polling places I shall be as follows: All qualified voters residing in the City of Denton, Texas shall vote at: DENTON CIVIC CENTER BUILDING CORNER OF BELL AVENUE AND MCKINNEY STREET DENTON, TEXAS The election officials for said election on January 15, 1983 shall be as follows: t 1. (a) Don Pickens shall be the Presiding Judge at the Denton Civic Center Voting Place. { 2. Charlotte Allen, City Secretary shall conduct absentee voting under the Texas Election Code. r The Presiding Judge of the Denton Civic Center shall be authorized to appoint a sufficient number of Clerks as they may deem necessary to assist them in said election, including bilingual assistants as required by law. SECTION III. Absentee voting shall be conducted by the office of the city Secretary in the Municipal Building on East, McKinney Street in the City of Denton, Texas, and the polls for absentee voting shall be open or voting In person between the hours of 8:00 o'clock A.M. and S:00 o'clock P.M. Monday through Friday during the times allowed for absentee voting. SECTION IV. Said election shall be held in accordance with the Election Code of the State of Texas, and all duly qualified resident electors of the City of Denton, Texas shall be qualified to vote in said election. SECTION V. That paper ballots shall be used in such election both for the polling places and for absentee voting in conformance with the provisions of the Election Code of the State of Texas. PAGE TWO 1 1 SECTION Vt. That the ballots of the election shall conform to the t requirements of the Election Code of the State of Texas as amended, and the language to be printed and the form of the ballot shall include the followings OFFICIAL BALLOT: Official ballot tnstructions-Place an 'X' in the square beside the statement indicating the way you wish to voter ❑ POR LEGALIZING BINGO GAMES FOR CHARITABLE PURPOSES AS AUTHORIZED BY THE BINGO ENABLING ACT IN THE CITY OF DENTON, TEXAS. AGAINST LEGALIZING BINGO GAMES FOR CHARITABLE PURPOSES AS AUTHORIZED BY THE BINGO ENABLING ACT IN THE CITY OF DENTON, TEXAS. SECTION Vtt. That notice of said election shall be given by the posting of true copies of this ordinance, signed by the Mayor and attested by the City Secretary, in three public places of the City, one of which places shall be at the municipal Buildings for thirty (30) consecutive days prior to the date of such election and this ordinance shall be published in full one time in the Denton Record-Chronicle at leart thirty (30) days prior to said election. SECTION VIII. The City Secretary shall make up the official ballot in accordance with the Election Code of the State of Texas and is hereby authorized and directed to have the ballots to be used in such election printed and delivered to the presiding judge of said election and to perform all other acts required of election officials for such election. SECTION IX, That immediately after the counting of the votes the presiding judge shall deliver the official returns of the election to the City Secretary. PAGE THREE r • i SECTION X. That on the Tuesday next following the election, the City Council shall canvass the returns and dEclare the results of such election which shall be recorded in the Minutes of the City Council. SECTION XI. This ordinance shall become effective from and after Its date of passage. PASSED AND APPROVED this the day of , 1982. RICHARD O. STENART, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE LEN, CITY SECRETARY CITY OF OENTON, TEXAS APPROVED AS TO LEGAL FORNs C. J. TAYLOR, JR.e CITY ATTORNEY CITY OF DENTONo TEXAS 9Yt ' PAGE FOUR November 9, 1982 CITY COUNCIL AGENDA ITEM SUBJECT: Consider Establishing an Electric Rate Advisory Committee. SUMMARY: The Utility Department is beginning a review of the Electric Rates. It is anticipated ghat some increase in rates will be necessary and that noticeable changes in rate structure will be required as Denton moves from low fixed charges tDebt Service) and high fuel charges to higher fixed charges and lower fuel charges when Denton begins receiving power from Texas Municipal Power Agency (TMPA). These higher fixed charges will result in higher facility and demand charges. In an effort to gain community input into many basic policy decisions relating to rate making philosophy, the Public Utilities Board and Staff are recommending to the City Council to establish an Electric Rate Advisory Committee composed of a goad cross section of interested parties. The Board recommended that the Committee be not larger than fifteen (15) members and suggested that representatives of the following interested parties be considered: 1. Small residential consumer e. Housewife 3. All Electric residential consumer 4. Council Member 5. Public Utilities Board Member (The Board recommended Leonard Herring) o. Local Industry 7. Developer or home builder 6. North Texas State University 9. 'texas Woman's University 1U. Denton Inuependent School District 11. League of Women Voters 12. Small business The Public Utilities Board recommended that the Committee operate in a quasi-independent manner, so as to provide an independent and objective review of all policies that affect the rates. The Utility Department plans to develop the electric revenu., requirements uy December lst and during December, develop the rate structures required to produce the required revenue. Kates would oe reviewed uy the Board and Council in January 1tn3, ano be considereu f(,- implementation in March 1983. 14UUU ~ r FISCAL SUMMARY: Not applicable. ACTIUN REQUIRED: Consider appointment of an Electric Rate Advisory Committee. RECO14MENUATION: The Public Utilities Board, at their November 2, 1982, meeting recommended the appointment of an Electric Rate Advisory Committee to consist of not more than fifteen (15) members and that Leonard Herring be considered as the Public Utilities board representative. kespectfully, il~ xdae~ R. E. Nelson Director of Utilities 14U5U/2 MINUTES PdBLIC UTILVrILS BOARD November 2, 1982 Members Present: Chairman, Roland Laney, Leonard Herring, Ed Coomes Others Present: Staff: Ernie Tullos, David Ham, Hob Fiorini Absent: Charles Cryan, Marvin Loveless (Both excused) 1. RLUEiVE REPORT FRUM REPRLSENTATIVES OF FIRST-SOUTHWEST REGARDING U1 1T KEVh\i3 651) REF N MING: The Public Utilities Board met in a joint meeting with the City Council to receive a report from Frank Medanich of First Southwest detailing the upcoming utility revenue bond refinancing prospects. Medanich reported that they have looked at a two case situation. The first case contemplates refunding ali outstanding revenue bonds and restructuring the debt so as to approximately parallel existing new debt service. Case two is structured to provide funds necessary to establish a new debt service reserve fund to purchase a lesser amount of open market securities for the escrow account and to make available ~2,UUU,000 of funds for construction or other system purposes. Medanich then reviewed the various debt service schedules under both cases. A general discussion followed resulting in a motion by the City Louncil to direct First Southwest Company to proceed further with their investigation and to report rack on November 30, the results of their findings. The Public Utilities Board then convened to consider agenda item 02. i. CUN5IDEK KLCOMMhNDING ESTABLISIQN1ENT UP A POLICY ADVISORY LUhLMITTLE FUK ULGIKiC KA'fL REVIEW: Nelson briefed the Board by stating that it was originally planned to select a Committee to serve as a Steering Committee for the uartford Foundation Grant Project on energy services planning and to also utilize this Committee to assist the Board Council and Staff in reviewing policies that affect the upcoming electric rate review. Nelson suggested that the Committee be comprised of citizens representing various community interest. Laney commented that he has asked member, Leonard Herring, to act as the Hoard's liaison with the Staff and to assist the Staff curing the course r+f tho rate review. lie added that he would also like Leonard to sit on the Committee as the Public Utilities Board representative. A general discussion followed in the areas of committee members ips and functions. Coomes made a motion to recommend to the City Council that the Council establish a Committee not to exceed fifteen (15) members whose committee membership should be selected from, but not limited to, such community interests as a general residential consumer, a member of the Council, a member of the Public Utilities Board, a representative from local industry, a residential developer or builder, a housewife, a representative from the League of Women Voters, a representative from North Texas State University, a representative from 'texas Woman's University, a representative of the Denton Independent School District, and any others that would represent all facets of the Denton community, and that Leonard Herring be the Public Utilities Board representative on that Committee. Second by Herring, three ayes, no nayes, motion carried. pith no further business, the meeting was adjourned at 10:25 p.m. '1he next regular meeting of the Public Utilities Board will be on November 17, 1182 at 7:30 p.m. CERTIFICATE OF AUTHENTICITY THIS IS TO CERTIFY that the m1craphnlegraphs appearing an this isllm-file • S~rfing w~lh CITY COUNCIL AGENDA PACKET -11/09/82 and CITY COUNCIL AGENDA PACKET " Ending with IBM accurate and complete reproductions of the records of (Company and Dept.) CITY OF DE fON CITY SECRETARY .as delivered In the regular caursa of lousiness for photographing. II Is further cortilled that the rnicrgphologrophlc processes were accomplished in s manner and on Alm which rneels with rejulroments of the National Luresu of Slandenls 1w peemanonl mlcrophologrop:iic copy. ~r ;.MLUn - Reg2rds Comp{rpY__„ 1104"17ccmm0L0G1 ATIWgPK ca"W" O"ftow PLAM Aia %&Q1tjerk Rn,d State Arlington. Texas 76010