HomeMy WebLinkAbout12-07-82
NOTICE OF NORK SESSIUN - RLGULAk - SPECIAL CALLEU - hMERGENCY MEETING
OF THE City of Dentin City Council OF THE
CI'T'Y OF Ul:tr w, TEXAS.
Notice is hereby given that oa the _ 7ln _ day of
,
19 g2 , the City of Denton city council O Egg,
City of Denton, Texas will hold a wor• session - regular - special
called - emergency meeting at 5 c oc , ,j.m. m., in
Lin
the of the Municipal Bui~i ii'ng--locatcd at zi, 215 ast ~1cE~ nney, Denton, 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 rewired, then such executive meeting or consultation
with the City's attorney as authorized by Article 6252-17 Revised
Civil Statutes of 'texas will be held 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
Board/Commission may conveniently meet in such executive meeting, or
consult with the City's attorney concerning any and all subjects and
for any and all purposes permitted by Section 2(b) through Section
2(p), inclusive, of swid Article 6252-17, including, but not limited
to: Section 2(c), Section 2(e), Section 2(f), Section 2(g), and
Section 20) and as marked in the attached Agenda.
Should any finai action, final decision, or final vote be
required in the opinion of the Hoard/Commission with regard to any
matter 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 tt:e Board/Commission shall determine.
On this ,rel day of pacember , ly e2 , the; original of
this instrument was filed among the of=ficial records of the City of
Denton, lexas, ind an original copy was posted on the bulletin board
in the main lobby of the Municipal Building of the City o. Denton
at r a,a~_ a'cluck► p.~• Try. on said date.
r,
CfIARLUTTE ALLLN, GV1Y SECRETARY
CITY OF ULN'E'ON, 'T'EXAS
02140
AUTICE OF WORK SESSIUI - REGUI-All - SPLC1AL CALLED - EMERGENCY MUTING
OF THE cuncil OF THE city CITY OF UENTUNO 'T'EXAS.
Notice is hereby given that oa the day of
19 82 r tile City of Denton city Council Hof t~5e,
_ 1eoas will Irol a work session - regu ar - special
city of i?enton,
called - emergency meeting at 7-00 o'clock, m., is
the nci hambers of-the Municipal 8ui ing located at
215 -bast McKinney, Denton, 'T'exas. The subjects to be considered are
listed on the Agenda which is attached hereto and mane 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 62S2-17 Revised
Civil Statutes of Texas will be held by the Board/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
Board/Commission may conveniently meet in such executive meeting, or
consult with the Ci•.y's attorney concerning any and all subjects and
for any 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), Suction 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
matter 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 sleeting, or
(b) ce lie eo f ,tasutliec Board~Comm i ss !n sha ll / det e rm i ne on upon
no t i
Un this Jra _ day of Dkgember , IJ 82 , the original of
this instrument was filed among the official records of the City of
Denton, 'texas, and an original copy was posted ou the bulletin board
in the main lobby of the Municipal Building of the City of Denton
at ;~o _ o'clock, _P.m. -_m, on said date.
AR ITr11iLU'T'"t!i ALLi:,, LS T'Y SECTtTAlt1
1 j
G
CITY OF DLN l'Ofi, 'T'EXAS
02140
AGENDA
CITY OF DENTON i ITY COUNCIL
December 7, 1982
5:30 P.M. V
Work Session of the City of Denton City Council on Tuesday, December 7, 14820
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. 62:,2-17 V.A.T.S.
8, Real Estate Under Sec. 2(f , Ar':. 6252-17 V.A.T,S.
C. Personnel Under Sec. 2(g), Art t?52-11 V.A.T.S.
D, Board Appointments Under Sec, 2(g), Art 6252-17 Y.A.T.'S.
Regular Called Meeting of the City of Denton City Council on Tuesday, December
7, at 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. Approval of Minutes of the Regular Meeting of November 16, 1982, Special
Called Meeting of November 23, 1982, Special Called Meeting of November
30, 1982, the Emergency Meeting of December 2, 1982.
2. Consent Agenda
Each of these items is recommended by the Staff and approval thereof will
be.strictly on the basis of the Staff recommendations. Approval of the
Consent Agenda authorizes the City Manager or his designee to implement
each item in accordance with the Staff recommendations.
A. Bids and Purchase Orders
1. Bid #9068 Gasoline and Diesel
2. Bid #9070 Uniforms/Fire Department
3. aid 09073 Dog Food
8. Final Plats:
1. Approval of the final replat of the Lincoln Park Addition
2. Approval of the final replat of the Montecito Oel Sur Addition
3. Public Hearings:
A. (Z-1541) This is a petition of Mr. Nolan Broone representingg
Southmont Development Corporation LTD, requesting a change in zoning
from single family (SF-16) to planned development (PO) classification
on part of lot 1, block 2; lots 2-6, block 2; and lots 107, block 3
of the Southmont Subdivision. The Planned Development, if approved,
would permit zero lot line single fanmily detached development on
lots ranging from approximately 6,600 to 8,400 square feet in size.
The Southmont Subdivision begins along the south side of Teasley
Lane, adjacent and west of the Sam Houston Elementary School. (The
Planning and Zoning Commission recommends approval.)
AGENDA
December 7, 1982
Page Two
1. Approval of an ordinance changing the zoning from single family
(SF-16) to planned development (PD) classification on part of
lot 1, block 2; lots 2-6, block 2; and lots 1.7, block 3 of the
Southmont Subdivision.
B. The proposed Denton Development Code (Subdivision and Land
Development Regulations).
C. (Z-1544) This Is the petition of Mr. George T. Lillard requesting a
change of zoning from general retail (GR) to the commercial (C)
classification on a 4.796 acre parcel located along the south side of
highway 380 East, beginning approximately 5,000 feet east of the
intersection of Mayhill Road and highway 380 east. (The Planning and
Zoning Commission recommends approvil.)
1. Approval of an ordinance changing the zoning from general retail
(GR) to the commercial (C) classification.
D. (Z-1546) This 1s the petition of Jerry L. Gage representing Real
Estate Services, Inc. requesting a change in zoning from multi-family
(MF-2) to planned development (PD) classification on a parcel
approximately .604 acres in size. The property begins approximately
300 feet north of Eagle Drive and has approximately 160 feet of
frontage along the east side of Central Street and 100 feet of
frontage along the west side of Nelch Street. The planned
Development (PD) would permit development of a single family attached
(townhouse) land use on lots typically 161001. (The Planning and
Zoning Commission recommends approval.)
1. Approval of an ordinance changing the zoning from multi-family
(MF-2) to Planned Development (PD) classification for single
family attached (townhouse) use.
4. Appearance of Dwight Galley and representatives of the Selwyn School
regarding the school zone on highway 380 at the entrance of the Selwyn
School.
5. Appearance of Paul Pruitt regarding barking dogs.
6. Resolutions:
A. Approval of a resolution in support of $1.50 Per Capita Funding for
Public Libraries.
B. Approval of a resolution opposing issuance of an alcoholic beverage
permit at 116 West University (The Bank Shot).
C. Approval of a Resolution authorizing the City of Denton to support
the Texas Municipal L iague's 1269m Task Force amendments governing
Police and Fire Departments in the Texas Legislature.
AGENDA
December 7, 1982
Page Three
' D. Approval of a Resolution authorizing the execution of a quitclaim
deed disposing of property located at the northeast corner of
McCormick and Willowwood Streets. (0-31)
E. Approval of a Resolution authorizing the execution of a quitclaim
deed disposing of property located along the east side of Mingo Road
beginning approximately 270 feet northeast of the intersection of
Bell Avenue and Mingo Road. (0-29)
7. Approval of a lease purchase of IBM computer hardware. (Data Processing
Advisory Board recommends approval.)
8. Official Action on Executive Session Items.
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.
9. New Business This item provides the Council Members with an opportunity
to add items for discussion at future Council Meetings.
• r
0745M
November 30, 1982
City Council
City of Denton DEC 2 12
Denton, Texas 76201
Gentlemene
We are the owners of approximately four (4) acres lyin„
immediately South of the proposed Southmont Place Addition
to the City of Denton, Texas. Ile have examined the proposed
plat of the subdivision, the building and use eestrictions
to be used in connection therewith, and have reviewed the
general concept for zero lot line property. As adjoining
property owners, we are of the opinion the proposed Southmont
Place development would be a valuable addition to the City
of Denton and would recommend to you that it be approved.
Yours very truly,
Frank Jone
Darlene Jone
ccl
City Council Members
t
DBA Development Corp., Inc.
December 1, 1982
City Council
City of Denton
Denton, TX 76201
Dear Council Members:
The DBA Development Corp. board members are aware of the
planned development proposed by the Southmont Development Corp.,
Ltd., for Southmont Place. This zero lot line single-family de-
tached development would not adversely affect our property, which
is to the west adjacent to Southmont Place. In fact, it could
be an asset to us and the city of Denton.
We join others who are asking for your approval of this
zoning request.
Sincerely and respectfully yours,
1,
Ninford 0 lees
President, DBA Development Corp.
cc: Richard 0. Stewart
Ray Stephens
Joe Alford
Jack Barton
Marls Chew
Charles Hopkins
James Riddlesperger
l
DEC 2 192
rOST><,1~
AGE Nf 3:36 Ph`'
CITY OF OENTON ITY COUNCIL
December 7, 1982
5:30 P.M.
Work Session of the City of Denton City Council on Tuesday, December 7, 1982,
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.
D. Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S.
Regular Called Meeting of the City of Denton city Council on Tuesday, December
70 at 7:00 P.M. in the Council Chambers of the Municipal Building at which the
following items will be considerer!:
7:00 P.M.
1. Approval of Minutes of the Regular Meeting of November 16, 1982, Special
Called Meeting of November 23, 1982, Special Called Meeting of November
30, 1982, the Emergency Meeting of December 2, 1982.
2. Consent Agenda
Each of these items is recommended by the Staff and approval thereof will
be strictly on the basis of the Staff recommendations. Approval of the
Consent Agenda authorizes the City Manager or his designee to implement
each item in accordance with the Staff recommendations.
A. Bids and Pu:•chase Orders
1. Bid 09068 Gasoline and Diesel
2. Bid ff907O Uniforms/Fire Department
3. Bid #9073 Dog Food
8. Final Plats:
1. Approval of the final replat of the Lincoln Park Addition
2. Approval of the final replat of the Montecito Del Sur Addition
3. Public Hearings:
A. (Z-1547) This is a petition of Mr. Nolan Browne representingy
Southmont Development Corporation LTD, requesting a change in zoning
from sin;,'e family (SF-16) to planned development (PD) classification
on part o, lit 1, block 2; lots 2-6, block 2; and lots 107, block 3
of the Sout,imont Subdivision. The Planned Development, if approved,
would permit zero lot line single fammily detached development on
lots ranging from approximately 6,600 to 8,400 square feet ii, size.
The Southmont Subdivision begins along the south side of Teasley
Lane, adjacent and west of the Sam Houston Elementary School. (The
Planning and Zoning Commission recommends approval.)
AGENDA
December 71 1982
Page Two
1. Approval of an ordinance changing the zoning from single family
(SF-16) to planned development (PD) classification on part of
lot 1, block 2; lots 2-6, block 2; and lots 1-7, block 3 of the
Southmont Subdivision.
B. The proposed Denton Development Code (Subdivision and Land
Development Regulations).
C. (Z-1544) This is the petition of Mr. George T. Lillard requesting a
change of zoning from general retail (GR) to the commercial (C)
classification on a 4.796 acre parcel located along the south side of
highway 380 East, beginning approximately 5,000 feet east of the
intersection of Mayhill Road and highway 380 east. (The Planning and
Zoning Commission recommends approval.)
1. Approval of an ordinance changing the zoning from general retail
(GR) to the commercial (C) classification.
0. (Z-1546) This is the petition of Jerry L. Gage representing Real
Estate Services, Inc. requesting a change in zoning from multi-family
(MF-2) to planned development (PD) classification on a parcel
approximately .604 ecres in size. The property begins approximately
300 feet north of Eagle Drive and has approximately 160 feet of
frontage along the east side of Central Street and 1D0 feet of
frontage along the west side of Welch Street. The planned
Development (PD) would permit development of a single family attached
161x301 . {The Planning and
Zoning (townhouse)
Commission recommends approval.)
1. Approval of ordinance changing the zoning from multi-family
N-2) to Planned Development (PD) classification for single
family attached (townhouse) use.
4. regarding Appearance school zone ean ahighway e38Ctatithe entrance eofy the cSelwyn
School.
5. Appearance of Paul Pruitt regarding barking dogs.
6. Resolutions:
A. Approval of a resolution in support of $1.50 Per Capita Funding for
Public Libraries.
B. Approval of a resolution opposing issuance of an alcoholic beverage
permit at 116 West University (The Bank Shot).
C. Approval of a Resolution authorizing the City of Denton to support
the Texas Municipal League's 1269m Task Force amendments governing
Police and Fire Departments in the Texas Legislature.
AGENDA
December 7, 1982
Page Three
L1. Approval of a Resolution authorizing the execution of a quitclaim
deed disposing of property located at the northeast corner of
McCormick and 4lillowwood Streets. (0-31)
E. Approval of a Resolution authorizing the execution of a quitclaim
deed disposing of property located along the east side of Mingo Road
beginning approximately 270 feet northeast of the intersection of
Bell Avenue and Mingo Road. (D-29)
1. Approval of a lease purchase of IBM computer hardware. (Data Processing
Advisory Board recommends approval,)
8. Official Action on Executive Session Items.
A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S.
B. Real Estate Under Sec. 2(f), Art. 6252-17 Y.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 Y.A.T.S.
items This i,tem an opportunity
9. New Business
to add
U745M
h:aa
CITY OF OEMINUTES
NTON CITY COUNCIL
November 16, 1992
4:00 P.H.
The City Council convened into Executive Session at 4:00 P.M., on Tuesday,
November 16, 1982, in the Civil Defense Room of the Municipal Building to
consider the following items:
1. Executive Session:
A. Legal Matters Under Sec. 2(e), Srt. 6252-11 Y.A.T.S.
B. Real Estate Under Sec. 2(f), Art. 6252.11 Y.A.T.S.
C. Personnel Under Sec. 2(g), Art 6252-11 Y.A.T.S.
D. Board Appointments Under Sec. 2(g), Art 6252.11 Y.A.T.S.
The City Council convened into regular session at 1:00 P.H. in the Council
Chambers of the Municipal Building at which time the following items were
considered:
PRESENT: Mayor Pro Tea Stephens, Council Persons Barton, Hopkins, Alford,
Riddlesperger, Chew, City Manager Hartung, City Attorney, Deputy City Secretary
ABSENT: Mayor Stewart was wt of town attending a conference and representing
the City at the shuttle landing.
Mayor Pro Tea Stephens called for representatives from the Fire Department to
accept a proclamation for the 'Great Smokeout,. No representative was present.
The Council considered the approval of the minutes from the regular meeting of
November 2, 1982, and special called meeting of November 9, 1982.
Chew motioned to approve. Hopkins seconded. The motion was carried
unanimously.
The Council considered the approval of the items on the Consent Agenda.
Chew motioned to approve. Alford seconded. The motion was carried
unanimously.
The council heard a report from H.B. Norm, 5514 Castle Court, Lake Dallas,
relative to parking restrictions at 608 Lakey Street. Mr. Horn asked the
council for 'mercy and understanding, regarding the possible removal of
parking restrictions on lakey St. He stated that the St. Andrews Church often
has meetings that extend beyond the present parking time allowed. He further
asked that the following suggestions be considered: (1) that the Council
consider cmangingg the parking restrictions to exclude church goers during the
time of the services; (2) that the Council consider removing the restrictions
all togehter; (3) that the street be designated as a 'church tone' which would
accommodate the church goers; (4) that the Council consider moving the
restrictions back to accommodate the church services; or (5) that the Council
give the Police Department the authority to dismiss any parking tickets issued
to church goers.
Mayor Pro Tem Stephens stated that the parking rastrictions and activities are
taken up at Traffic Safety Committee Meeticgs, and suggested that Mr. Horn
request an appearance before this Committee through Asst. City manager Rick
Svehla.
The following public hearings regarding zoning changes were heard:
A. 2-1543. This is the petition of Dewey FiellsI representing Capital
Consultants, requesting an amendment to Planned Development (PD-34) which
is approximately a thirty (30) acre tract located on the west side of
Mockingbird Lane, beginning approximately 1130 e t south of the
intersection of Audra Lane and Mockingbird Lane. The Planned Development
(PD-34) currently permits single family detached residential development
(typical lot size 60' x 1001); the petitioner is requesting an amendment
to permit the following land uses:
Single family detached residential (typical lot size 60' x 1001) on
12.91 acres.
Multi-family residential on 16.24 acres.
City Council Meeting Minutes
November 16, 1982
Page Two
The Council heard from staff person David Ellison. Ellison stated that the
Plamint and Zoning Commission recommends approval of this toning change. He
further N 4uested that the Council hear Mr. Ed Bluto of Pablo Consultants
regarding this change. The Council requested that Mr. B1uto appear, Mr.
glut* advised the Council that he would be happy to answer any questions they
may have.
David Ellison stated that of the zoning notices that were sent to area
property owners, none were returned in opposition and 12 were returned in
favor of the change. Ellison stated that the PW has two major concerns with
this change, (1) there may be a problem with drainage run-off, however the
petitioner has consented to take care of this should there ever be a problem:
(2) that Mockingbird 1s currently a maj!or collector street, but is unimproved
at this time, however the developer wi11 be responsible for improving this
street by adding guttering along the portion of the street that the
development wilt be abutting to.
The following ordinance was considered:
.40.82-96
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OENTON, TEXAS, AS SAM£ AS THE
CODE TEXAS, BYE ORDINANCE NO x69-1~, AND AS SAID MAPIAPPLIES TOT APPROXIMATEHE CITY OF 30
ACRES OF LAND OUT OF THE M.E.P. 6 P.R.R. CO. SURVEY, ABSTRACT NO 1413 OF
DENTON COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND OELCAAING AN
EFFECTIVE DATE.
Riddlesperger motioned. Alford seconded. On Roll Call Vote, Barton, aye,
Hopkins, aye, Stephens, aye, Alford, aye, Riddlesperger, aye, Chew, aye. The
motion carried unanimously.
The Council considered a petition of Phillip M. Smith requesting a changge 11
zoning from two family (2-F) to the Planned Development (PD) classification at
519 and 528 Bolivar Street (First Church of the hatarene). The Planned
Development, if approved will ptrmlt a funeral home use only. (Planning S
Zoning Commission recommends approval.)
Staff person Ellison stated that of the notices sent out none were
returned In opposition.
Mayor Pro Tem Stephens asked if there were any members of the
audience In opposition. No one responded, He asked if there were in
makers In the audience who would like to speak in favor. Rev.
Smith, Pastor of the First Church of the Nazarend came forward. Rev,
Smith stated that he was in favor of tho. change.
E1114on stated that the Planning ~,A Zoning Commission unanimously
recommends this toning change.
The following ordinance was considered:
40, 82-91
AN ORDINANCE MENDING THE ZONING MAP OF THE CITY OF OENTON, TEXAS, AS SAME dAS
BY ORDINANCE 80. 69-1x AND AS SAID O MAP ORDINANCES tTO 519 THE CITY BOLIVARNSTREET
IN THE CITY OF DENTON, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING
AN EFFECTIVE DATE.
Chew motioned. Riddlesperger seconded, On Roll Call Vote Barton, aye,
Hopkins, aye, Stephens, aye, Alford, aye, Riddlesperger, aye, Chew, aye. The
motion carried unanimously.
The Council heard Public Hearing on establishment of revised single member
voting districts.
city council meeting Minutes
November 15, 1982
Page Three
Council Person Riddles perger expressed his appreciation to the LOG Board for
their work in establishhing these revised districts. He further stated that
the. intent b COG was to keep the districts as equel In size and compact is
possible while keeping t'em consistent regarding the citizen's interest.
Mayor Pro Tom Stephens asked if there was anyone in the audience who was in
opyosition. No one responded. He asked If there was anyone who wished to
speak in favor. No one from the audience came forward.
Jeff Meyer spoke for the staff. He stared that there was an ordinance later
in the meeting requesting the Council's approval. He further stated that this
was done in order to give the Council and any citizen the opport+mity to speak
prior to submitting the ordinance.
The Council considered the adoption of an ordinance providing for the
abandonment of a utility easement within the City of Denton and authorizing
the Mayor to execute a quitclaim deed conveying all right, title, and interest
of the City In said easement to the owner of the tract of land conveyed by
said easement.
City Manager Hartung reported that the Utility Board and the City Staff
unanimously recommend the adoption of this ordinance.
The following ordinance was considered:
NO. 82-98
AN ORDINANCE PROVIDING FOR THE ABONDONMENT OF A UTILITY EASEMENT WITHIN THE
CITY OF DENTON AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM UEO CONVEYING
ALL RIGHT, TITLE AND INTEREST OF THE CITY IN SA :0 EASEMENT TO THE OWNER OF THE
TRACT OF LAND CONVEYED BY SAID EASEMENT; AND DEOWING AN EFFECTIVE DATE.
Chew motioned. Barton seconded. 0 Roil Call Vote Barton, aye, Hopkins,
aye, Stephens, aye, Alford, aye, Riddlesperger, aye, Chew, aye. The motion
carried unanimously
The Council considered the adoption of an ordinance designating a school zone
on U.S. Highway 380 to the Selwyn School and Bethel Christian Academy.
Rick Svahla spoke for the staff, He stated that the Traffic Ssafety Support
Commission has •jnanimously recommended the adoption of this ordinance.
further, he stated that their recommendation is made with a stipulation that
Selwyn and 3etnel assist In the funding, i.e., actual hardware, and the City
would take care of the tabor costs. He told the Council that he had met with
representatives from the Selwyn School and had an indication from them that
they say be able to assist in the funding. He stated that the estimated costs
would be $4000.
Council Person Chew asked to hear from Dwight Galley. Galley stated that he
was not aware that an ordinance .as up for the approval of the Council at this
time. He further stated that he had made a commitment to Svehla that, 'if the
funding for traffic signal lights was a problem that they would like to add
funds'.
The following ordinance was considered?
NO. 82-99
AN ORDINANCE DESIGNATING AND ESTABLISHING A SCCOOL SAFETY ZONE ON UNIVERSITY
DRIVE FROM A POINT APPROXIMATELY 345 FEET EAST OF THE DRIVEWAY ENTRANCE TO
SELWYN SCHOOL TO A POINT APPROXIMATELY 315 FEET WEST Of THE ENTRANCE TO BETHEL
CHRISTIAN ACADEMY; PROVIDING A SEVERA3LITLY CLAUSE; AND DECLARING AN EFFECIIVE
DATE.
Riddlesperger motioned. Alford seconded. On Roll Call Vote Barton, aye,
Hopkins, aye, Stephens, aye, Alford, aye, Riddtesperger, aye, Chew, aye. The
motioi carried unanimously.
City Council Meeting Minutes
November 16, 1982
Page Four
The Council considered the adoption of an ordinance designating a school zone
on Sherman Drive from Kings Row to Windsor.
Svehla told the Council that the Traffic Support Commissiosn recommends
adoption of this ordinance. He further told the Council that if school zones
are established, the state may request that we put up flashers. He reiterated
again that these items are not budgeted in this year's budget. Svehla told
the Council that the TSC had made a recommendation that a walkway be put along
the eastside of Sherman to Windsor. Another alternative of the TSC was to
construct a short piece of walkway from Kings Row to Stratford of asphalt.
Svehla reported that flashers would cost the City approximately Se,00D, the
Sidewalk would cost approximately $10,000, and the asphalt walkway would be
approximately $300. He stated that the staif is recommending the asphalt
walkway.
Alford stated that he was asked to observe this area when school first began.
He told the Council that this area is a real concern to parents and citizens,
and it could be potentially dangerous for school children crossing.
Hopkins motioned to approve the asphalt walkway rather than the ordinance
designatey a school zone. Alford seconded. The motion was carried
unan imou sty.
The Council considered the adoption of an ordinance designation a school
safety zone on Sherman Drive (U.S. 428) to Kings Row to Kings Row.
Svehla stated that if an asphalt walkway is installed this ordinance, will not
be necessary.
Motion was made to approve the staff recommendations to construct an asphalt
walkway.
The Council considered the adoption of a proposed ordinance revising the
single member voting districts.
The following ordinance was presented:
NO. 82.100
AN ORDINANCE CREATING AND DESCRIBING FOUR SINGLE MEMBER ELECTION DISTRICTS IN
THE CITY Of DENTON, TEXAS; DETERMINING THE POPULATION OF THE CITY OF DENTON
AND OF EACH SINGLE MEMBER DISTRICT; AND PROVIDING THAT THIS ORDINANCE SHALL
BECOME EFFECTIVE FROM AND AFTER THE DATE OF PASSAGE OF THIS ORDINANCE.
Chew motioned. Barton seconded. On Roll Cell Vote Barton, aye, Hopkins,
aye, Ste;-.4e.s, aye, Alford, aye, Riddlesperger, aye, Chew, aye. The motion
carried unanimously.
The Council considered placing the intersection of Bell and Withers on e
yellow and red flashing sequence; yellow on Bell and red on Withers.
Svehla stated that the Signal was counted twice within the last year. He
further stated that the signal now in existence does not meet standards. He
told the Council that the Traffic Safety Support Commission recommends placing
this signal on flashing sequence.
Hopkins stated that Coe signal should be placed on flashing sequence. He
stated that the traffic Is not there to warrant a fixed cycle.
Alford moved to table the item for further study. Chew seconded the motion.
Mayor Pro Tem asked for "Aye" vote, Barton, Hopkins and Stephens voted 'Aye',
on "Nay" vote, Alford and Chew voted 'Nay`, Riddlesperger abstained from
voting.
Hartong asked for the Council to give instructions to staff, Alford stated
that he felt the issue is a concern for people traveling on Withers and not
oeing able to cross In the mornings. Svehla stated that there is only one
hour per day that the light meets traffic requirements that may indicate the
need for fixed sequence.
City Council Meeting Minutes
Movember 16, 1482
Page five
i Hopkins moved that the light be put on (Iasi ngsequence for a thirty (3) day
! period of time and then have the Traffic Safety Support Comeission make
another recoewendation at that time. Svchla stated that the TSC would not be
meeting in December and therefore would not be able to discuss this further
until the January meeting.
Hopkins then motioned that the heat be discussed and a report and
recommendation be made to the City Council after the January meeting of the
TSC. Barton seconded the motion. The motion carried unanimously.
so official action on executive session Stems was taken.
No new ousiness was requested for future meetings.
The Council convened into Executive Session at 8:23 P.M.
UIU9M
r
MINUTES
CITY OF DENTON CITY COUNCIL
November 23, 1982
5:30 P.M. ng of Spec, at15:301P.M. inithe Civil DCit efense Room ofCthity Council
MunicipalnBuilding atoeember hicu
the following items will be considered:
The Council heard A.L. Jackson report on the possibility of the old Sefeway
store being renovated and made into an establishment which would sale
alcoholic beverages. Mr. Jackson asked for the Council's supoort in passing a
resolution in opposition to this establishment being given a permit to
dispense alcoholic beverages.
Riddlesperger asked to hear from Wayne Autrey, Chief of Police of TWU. Autrey
stated that it was his opinion that allowing such an establishment in this
location could possibly be detrimental to the health and welfare of the
students housed on the TWU campus because of the heavy automobile traffic on
Elm and University.
The Council asked for a legal opinion from C.J. Taylor. Taylor stated that
whether or not the Council was in opposition or support of the establishment
the State would ulV eately make the j&gement as to whether or not to &1104
such an establishment. He vent on to Say, however, that it certainly would
not hurt the position of Mr. Jackson and the group he represents to have a
resolution stating the Council's support of their efforts.
The Council went into Executive Session to discuss Legal Matters Under Sec.
2(e), Art. 6252-17 v.A.T.S.; Real Estate Under Sec. 2(f), Art. 6252-17
Y.A.T.S.; Personnel Under Sec. 2(g), Art 6252-17 Y.A.T.S. and Board
Appointments Under Sec. 2(g), Art 6252-17 Y.A.T.S.
Tne Council convened into a special called meeting at 7:00 P.H. in the Council
Cha..bers at which time the following were considered:
PRESENT: Barton, Hopkins, itephens, Alford, Riddlesperger, Chew, Mayor Stewart.
The Council considered the consent agenda.
Hopkins motioned to approve the consent agenda as it appeared. Alford
seconded. The motion carried unanimously.
The Council received a progress report from Clovis Movrisson regarding the
Arts Center.
Morrisson introduced Mary ishan. Isham reported to the Council the status of
membership and funds for this year and projections for 1983.
Alford asked Isham if she had the results of the auction. Isham responded
that they were very pleased with the turnout, however she further stated that
an official report was forthcoming.
The Council heard from Gary Juren, Juren told the Council that it is his
desire to maintain the industrial character of Denton.
Morrisson reported to the Council that it was not his intent to ask for any
approval of plans for the Arts Building at this time. Rather, he was merely
stated
that ippearing Arts t Councils would soon helping be h ready d to raising begin the actual Hrerwatlon and
t
building within the next 9 months, and suggested that the City begin making an
effort to remove the generators that are currently stored in the old building.
Riddlesperger commended Morrisslon on his efforts and the efforts of the Arts
Council. Alford stated that Morrission appeared very optimistic about the
future plans, snd assured hire that he had the encouragement of the Council.
The Council considered the adoption of an Ordinance to abandon Electrical
Utility Easement on lot 114, Block D, Willow Wood West Addition.
Nelson spoke for the staff. Nelson stated that the staff recommends approval,
Minutes of Council riveting
November 23. 1982
Page Two
The following ordinance was considered:
NO. 82-101
AN Coma PROVIDING THE ABONDONMENT OF A UTILITY EASEMENT WITHIN THE CITY
Of DENTON Moo AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED CONVEYING ALL
RIGHTs AND SAID DECLARING AN EFFECTIVE OF THE
TRACT OF LAND CONVEYED BY SAID EASEAENT DATE.
Hopkins motioned. Alford seconded. On Roll Call Vote Barton, aye, Hopkins,
aye, Stephens aye, Alford, aye, Riddlesperger, aye, Chew, aye, Mayor Stewart,
aye. The motion carried unanimously.
The Council considered an update of street light pro rata charges.
Nelson spoke for the staff. He reported that the costs are reviewed
seal-annually. He further stated that the Utility Board and staff recommends
approval.
Barton motioned to approve. Chew seconded. The motion was carried
unanimously.
The Council considered the approval of a contract with Hogan and Rasor for
water distribution system flow analysis.
Nelson spoke for the staff. He reported that the City had entered into an
engineering state with Freese and Nichols. He told the Council that Hogan and
Rasor nas prepared a study and has provided this to the staff.
Stephens asked Nelson if this was consistent with what had taken place in the
pa;t.
Hartung stated that the staff was asking for approval of a contract for a
certain amount of money to cover a certain amount of work.
Stephens motioned eto sppro,i the contract. Hopkins seconded. The motion
carried unanimously.
The Council considered the amendment of the 1982 through 1981 Water/Wastewater
System Capital tmp rovement Plan to include Water and Sewer Lines on the new
Windsor Street extension,
Nelson spoke for the staff. Nelson reported that Windsor Street is being
extended at this time. He further stated that the cost for water and sewer
lines was not included in the C.I.P. He stated however, that these funds are
being provided for through the utility revenue and would not change the total
dollar amount of the C.t.P.
Hopkins mutioned to approve the amendment. Alford seconded. The motion
carried unanimously.
The Council considered the approveal of an adjustment of Personal Property Tax
Accot nts
Hartung stated that this is the charge-off list received from the Tax
Department.
Mayor Stewart stated that he feels uncomfortable with allowing the persons on
the roll to $get away without paying". Stephens asked staff if they were
certain that they had made every effort to contact the persons on the list.
McNary reported the process that the staff currently goes through in trying to
locate the persons on the list.
Hartung asked Council if they would like to table the item for discussion at a
later date.
Chew motioned to table the item. Hopkins seconded. On Roll Call Barton,
NAT, Hopkins, aye, Stephens, aye, Alford, aye, Riddlesperger, aye, Chew, aye,
Mayor Stewart, aye. The motion was carried with six voting "aye" and Barton
voting "nay
Minutes of Council Meeting
November 23, 1982
Page Three
The Council considered the replacement of a King Cole (previous Assistant City
Managger) on the City of Denton Industrial Development Authority with Rick
Svehla, Assistant City Manager.
Stephens motion. Chew seconded. The motion was tarried unanimously.
The Council considered the appointments to the Utility Rate Review Advisory
Committee.
Mayor Stewart asked Hopkins to read the list for the record.
The following names were submitted for appointment:
Robert 0. Benfield TWU
Gilbert Bernstein DISD
Dick Craven Business Person
Cassandra Gotham 'League of Women voters
Art. D. Hass All Electric Consumer
Mike Lewis Hone Builder
Juanita Milam Small Residential Consumer
Wayne Olson Local Industry
Delbert Overstreet NTSU
Dick Stewart Council Member
Rose Taylor Homemaker
Hopkins motioned to approve. Stephens seconded. The motion carried
unanimously.
The Council considered the appointment of James Johnson to the position of
De;x.ty City Secretary.
Hopkins motioned. Barton seconded. The motion was carried unanimously.
The Council took action on the following items discussed in Executive Session:
The following resolution was considered:
RESOLUTION
WHEREAS, the City of Denton finds it necessary to purchase a
certain tract of land located in the City of Denton, Texas, and more fully
described below; and
WHEREAS, the City Council of the City of Denton is of the opinion
that the best interest and welfare of the public will be served by the
purchase of the parcel of real estate described below; and
WHEREAS, the City of Denton and Agnes Lee Dean Nall and William C.
Nall, owners of said parcel, agree that a consideration of Two Thousand Nine
Hundred and Sixty Dollars and Twenty Cents ($2,960.20) is a fair and agreed
value of such described property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS:
SECTION 1.
The City Attorney is hereby authorized to prepare the
necessary legal documents to complete the transfer of property
so described below from the owners thereof to the City of Denton:
All that certain 0.030 acre tract, or parcel of land situated in
the B.B.B. 6 C.R.R. Co. Survey, Abstract No. 186, Denton County,
Texas; said tract being part of a tract shorn by deed to Agnes
Lee Dean and recorded in volume 734, page 716 of the Deed
Records of Denton County, Texas and being more particularly
described as follows:
Minutes of Council Meeting
November 23, 1982 r
Page Four
Beginning, for the southeast corner of the tract being described
herein at an iron pin set in the southeast corner of said Dean
tract;
Thence North 88 degrees 11 minutes 56 seconds west 68.68 feet to
an iron pin set in the ground at the southeast corner of a tract
deeded to R.O. Martin and recorded in Volume 416, page 215 of
the Deed Records of Denton County, Texas;
Thence North 01 degree 29 minutes 28 seconds East 19.21 feet to
an iron pin set in the ground on the north line of proposed
Windsor Drive;
Thence South 88 degrees 11 minutes 56 seconds East with the
north line of said proposed road 68.79 feet to an iron pin set
in the ground on the east line of said Dean tract;
Thence South 01 degree 48 minutes 05 seconds West 19.21 feet to
the point of beginning.
SECTION III.
The City of Denton is hereby authorized to pay its share of
the necessary and reasonable cost of closing as required by the
sales contract.
PASSED 0) APPROVED this the day of November, 1982.
RINARO 0. E ,
CITY OF DENTON
I
I
I
ATTEST:
VICKI L N, u P U T
CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL F&M:
C. J. TAYLOR, JR., CITY ATTORNEY
Cl" OF DENTON, TEXAS
BY:
Chew motioned. Riddlesperger seconded. On Roll Call Vote Barton, aye,
Hopkins, aye, Stephens, aye, Alford, aye, Aiddlesperger, aye, Chew, aye, Mayor a
Stewart, aye. The motion carried unanimously.
The Council made the following requests for items to appear on future agendas
as new business:
Council Person Barton requested that a resolution in support of the Asbury
United Methodist Church asking the Alcoholic and Beverage Committee not to
issue an alcohols. beverage permit to the Bank Shot Club be considered at the
next regular meeting.
The Council convened into Executive Session at 7:36 to discuss legal Matters
Under Sec. 2(e), Art. 6252.17 V.A.T.S.; Real Estate Under Sec. 2(f),
Art. 6252.17 V.A.T.S.; Personnel Under Sec. 2(9), Art 6252.17 V.A.T.S.;
Board Appointments Under Sec. 2(g), Art 6252-17 Y.A.T.S.
The meeting was ended.
MINUTES
CITY Of DENTON CITY COUNCIL
November 30, 1982
3:00 P.M.
Special Called Meeting of the City of Denton City Council on Tuesday, November
30, at 3:00. The Council met in the following public hearings:
PRESENT: Mayor Stewart, Mayor Pro Tem Stephens, Councii Persons Barton,
Hopkins, Chew and Riddlesperger.
ABSENT: Council Person Joe Alford
3:30 P.M. A. Public Hearing concerning annexation of approximately 24 acres
of land located Immediately east of the Denton Sewer Treatment
Plant (Z-1550).
Watkins represented the staff. He reported that the Planning and Zoning
Commisson and the Staff recommends annexation.
No one spoke in opposition or in favor.
3:45 P.M. B. Public Hearing concerning annexation of approximately 122
acres of land begi m my in the centerline of Edwards Road
approximately 1,800 feet east of Mayh111 Road (Z-1549).
Watkins represented the staff. He reported that the Planning and Zonlny
Cammisson and the Staff recommends annexation.
No one spoke in apposition or in favor.
4:00 P.M. C. Public Hearing concerning the proposed annexation of
approximately 63.89 acres of land located along Vie east side
of Mayhill Road north of the Andrew Corporation (Z-1541).
Watkins represented the staff. He reported that two reply forms had been
received by staff undecided, one had been received in opposition. He
reported that the Planning and Zoning Commission and the Staff recommends
annexation.
Speaking opposed to the annexation was George Hopkins representing the Andrew
Corporation. Hopkins stated that should the property be annexed that it be
done with the most rigid restrictions. He further stated that It was the
position of the Andrew Corporation to not block the City in the annexation.
Watkins reported that should the property be annexed it would be subject to
regulations of the City of Denton rules and regulations.
Allen Getz requested that the property be annexed and toned for a class `A'
mobile home park. He further stated that the developer (Getz) would be
responsible for ensuring that the park have quality curbing, etc.
4:30 P.M. D. Public Hearing concerning the proposed annexation of
approximately 111.72 acres of land located along both sides of
FM 1830 beginning approximately 200 feet south of Hobson Lane
(Z.1542).
Watkins stated that the Planninn and Zoning Commission and the Staff
recomend% annexation. He further stated that fifteen response forms, three
were returned in opposition stating a concern for higher taxes, one was
returned in favor and one was returned undecided. Watkins stated that this
area is almost completely surrounded by City property.
Stephens asked for a provision to allow property owners to have property
annexed a certain way at the time of the annexation to assure fairness to all
concerned.
Meyer reported that annexation fees were set in order to assist in meeting the
costs involved in the paperworR, publication of wtices etc.
No one else spoke in favor or opposition of the annexation.
Minutes of City Council Meeting
November 30, 1982
Page Two
The Council convened into Executioe Session in the Civil Defense Room at City
Hat) at 500 P.M. to disscuss Legal Matters Under Sec. 2(e), Art. 62$2-17
Y.A.T.S.; Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S.; Personnel
Under Sec. 2(g), Art 6251-17 V.A.T.S.; Board Appointments'-- Under Sec. 2(g),
Art 6252.17 V.A.T.S.
The Council considered a Resoultion approving an agreement by the City of
Denton Industrial Development Authority to issue bonds for Union Camp
Corporation Facility and the Resolution authorizing the issuance of such bonds
and approving documents.
Hartung states that the staff reco:anends approval. He Introduced Tom Spurgeon
of First Southwest Corporation. Spurgeon stated that this resolution is a
single resolution and the City of Denton will not be under any financial
obligation.
The following resolution was presented:
RESOLUTION APPROVING AN AGREEMENT BY
CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY
TO ISSUE BONDS FOR
UNION CAMP CORPORATION FACILITY
ANO THE RESOLUTION AUTHORIZING THE
ISSUANCE OF SUCH BONDS AND APPROVING DOCUMENTS
THE STATE OF TEXAS
CITY OF DENTON, TEXAS
WHEREAS, the City of Denton Industrial Development Authority was created
under the auspice of the City of Denton, Texas; and
WHEREAS, it is deemed necessary and advisable that this Resolution be
adopted.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ThE CITY OF DENTON, TEXAS
THAT.
Section 1. The Loan Agreement between City of Denton Industrial
Development Authority and Union Camp Corporation, in substantially the form
and substance as attached to this Resolution and made a part hereof for all
may p be e issued hereby pursuant thereto a for Bonds puin the rpose of rincipal
paying the u cost of of 3ac uirQ
and constructing or causing to be acquired and constructed the Project as
defined and described therein.
Section 2. The Resolution of The City of Denton Industrial Development
Authority Authorizing the Issuance of Bonds and Approving Documents, in
substantially the form and substance attached to this Resolution and made a
part hereof for all purposes, is hereby specifically approved, and the Bonds
may be issued as provided therein.
RESOLUTION Of CITY OF DENTON INDUSTRIAL DEVELOPMENT
AUTHORITY AUTHORIZING ISSUANCE OF BONDS AND APPROVING
DECUMENTS
WHEREAS, the oevelopment Corporation Act of 1979, Article $190.60 Vernon's
Annotated Texas Civil Statutes, as amended (the "Act"), authorizes and
empowers the City of Denton Industrial Development Authority (The
'Corporation") to issue revenue bonds on behalf of the City of Denton, Texas
(the "Unit"), to finance the cost of projects comprising land, buildings,
equipment, fhcilitles and improvewts, found by the Board of Directors of the
Corporation (the `Board') to be required or suitable for to promotion of
manufacturing development and expansion and for the industrial ,4evelopeent and
expansion of industrial facilities and in furtherance of the public purposes
of the Act; and
Minutes of City Council Meeting
November 30, 1982
Page Three
WHEREAS, the Board adopted a resolution on February 22, 1982, pursuant to
which the Corporation agreed to provide for the financing of the cost of the
project (the `Project') ration, which was Initially described in said
resolution and is more fully described in Exhibit B to the loan Agreement
between the Corporation and the User referenced below, in accordance with the
provisions of the Act; and
i,
WHEREAS, for purposes of financing the cost of the Project, the
Corporation now desires (i) to eithorize the issuance of its Revenue Bonds,
Series 1982 (Union Camp Corporation Project) (the 'Bonds"), in the maximum
aggregate principal amount of $3,000,000, pursuant to the terms and provisions
of the Trust Indenture (hereinafter defined) (ii) to provide for the sale of
the Bonds to the purchaser described herein, (lit) to provide for the payment
of the principal of and premlum, if any, and interest on the Bonds with
revenues described from the loan of proceeds of the sale of the Bonds to the
User to finance the costs of the Project purssant to the terms and provisions
of the Loan Agreement and (iv) to take and authorize certain other actions in
the connection with the foregoing; and
WHEREAS, the Board has been presented with and has examined a proposed
form of the Indenture of Trust and the Board finds that the form and substance
of such document is satisfactory and the recitals and findings contained
therein are true, correct and complete and hereby adopts and incorporates by
reference such recitals and findings as is set forth in full in this
resolution, and finds that it is in the best interest of the public and the
Corporation and assists in carrying out the public purpose of the Corporation
and of the Act to authorize the execution and delivery of such Indenture of
Trust; and
WHEREAS, the Board has also been presented with and has examined the
proposed form of the Official Statement and the Underwriting Agreement, and it
is the desire of the Board to approve the form of the Official Statement and
Underwriting Agreement and authorize their execution by the proper officers of
the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
ONETON INDUSTRIAL DEVELOPMENT AUTHORITY THAT:
1. The Corporation hereby authorizes and directs the Issuance of the
Bands In the maximum aggregate principal amount of $3,000,000, in accordance
with an Indenture of Trust substantially in the form of the Indenture of Turst
(attached hereto as Exhibit A), dated as of November 1, 1982 (the
'Indenture'), by and between the Corporation and the Citizens and Southern
National Bank, as Trustee (the"Trustee`), which was presented to the Board,
the form, terms and provisions of such Indenture and the Bonds being hereby
authorized and approved, and the President and any Vike President of the
Corporation are hereby severally authorized and directed to execute and
deliver such Indenture and the Bonds on behalf of the Corporation, and the
Secretary and any Assistant Secretary of the Corporation are hereby severally
authorized to attest and affix the Corporation's seal thereto, with such
changes therein as the officers executing the same may approve, such approval
to be conclusively evidenced by such execution thereof.
2. The Official Statement, substantially in the form attached hereto as
Exhibit B and made a part hereof, is hereby in all respects approved by the
Board, and the President and Secretary of the Board are hereby authorized to
execute same.
3. The Underwriting Agreement setting forth the terms of the sale of the
Bonds to the purchasers thereof is hereby accepted, approved and authorized to
be delivered in executed form to said purchasers, and the President and
Secretary of the Board are hereby authorized to execute same.
4. The Sale and delivery of the Bonds by the Corporation to Goldt+an,
Sachs an. Company, at 99.75% of the par value thereof plus accrued interest
thereon until date of delivery is hereby authorized and approved.
Minutes of City Council Meeting
November 30, 1982
Page Four
5. The Officers, employees, and agents of the Corporation, and each of
them, shall be and each is expressly authorized, empowered and directed from
time to time and at any time to do and perform all acts and things and to
execute, acknowledge and deliver in the name and under the corporate seal and
on behalf of the Corporation all certificates, financing statements,
instruments and other papers, whether or not herein mentioned, as they may
determine to be necessary or desirable in order to carry out the terms and
provisions of this resolution and of the Bonds to be issued hereunder, as well
as the terns and provisions of the Indenture , the Official Statement, the Bond
Purchase A regiment and the Loan Agreement hereby authorized and approved, such
determination to be conclusively evidenced by the performance of such acts and
things and the execution of any such certificate, financing statement,
instrument or other paper.
6. The Corporation hereby elects to have Section 103(8) (6) (0) of the
Internal Revenue Code of 1954, as amended, and the regulations promulgated
thereunder. apply to the Bonds, and the President and the Secretary of the
Corporation are hereby severally authorized and directed to execute and
deliver a statement,to the Internal Revenue Service to the effect that the
Corporation has so elected.
7. Based upon representations made by the User to the Board, the Board
hereby affirmatively finds that:
(a)hin Prothe ject Unit: have the effect of creating or stabilizing
employment wit
(b) the Project is required or suitable for the promotion of
manufacturing development and expansion and for the industrial development
and expansion of industrial facilities and is in furtherance of the public
purposes of the Act; and
(c) the Project will contribute to the economic growth or
ftability of the unit by:
(i) increasing or stabilizing employment opportunity;
(ii) significantly increasing or stabilizing the property tax
base; and
(iii) promoting commerce within the Unit and the State of
Texas.
8. This resolution shall take effect and be in full force and effect upon
and after its passage.
Hopkins motioned. Stephens seconded. On Roll Call Vote Barton, aye,
Hopkins, aye, Stephensi aye, Alford, aye, Riddlesperger, aye, Chew, eye, mayor
Stewart, aye. The mot on carried unanimously.
The Council considered the approval of final payment to Floyd Glen Smith for
CIP Sidewalks, 1982 in the amount of $15,561.18.
Hartung reported to the Council that the total contract amount was $47,776.92.
Hopkins motioned to approve. Chew seconded. The motion was carried
unanimously.
There was no new business requested for future meetings.
The Council convened into Executive Session at 5x12 P.M. to discuss Legal
Matters Under Sec. 2(e), Art. 6252.17 V.A.T.S.; Real Estate Under Sec.
2(f), Art. 6252-11 v.A.T.S.; Personnel Under Sec. 2(j), Art 6252-17
Y.A.T.S.. Board Appointments Under Sec. 2(9)1 Art 6252.17 Y.A.T.S.
The meeting was ended.
MINUTES
EMERGENCY MEETING OF THE CITY OF DEMON CITY COUNCIL
THURSDAY ?ECEYBER 2, 1982
12.30 P.M.
The City Council met in the City Managers Conference Room at City Hall for an
! Emergency Meeting on Thursday, December 2, 1982, at 12:30 P.M.
The Council met in Executive Session to discuss ; Legal Matters Under Sec.
2(e), Art. 6252-17 Y.A.T.S.; Real Estate Under Sec. 2(f), Art. 5252-17
Y.A.T.S.; Personnel Under Sec. 2(g), Art 6252-17 Y.A.T.S.; Board
Appointments Under Sec. 2(9), Art 6252-17 Y.A.T.S.
The Council convened into open session at 1: 07 P.M..
PRESENT: Mayor Stewart, Mayor Pro Teo Stephens, Council Persons Hopkins,
Alford, Riddiesperger and Chew.
ABSENT: Council Person Barton who was on a business trip to Austin, Texas.
The Council considered the approval of a Resolution approving a contract
between the City of Oenton and Taylor-Hall Construction Company concerning
renovation of the old fire station for a police administration building.
The following resolution was presented:
R E S 0 L U T 1 0 N
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION 1.
That the Mayor of the City of Denton, Texas, be and he Is hereby
authorized and directed, to execute on behalf of the City of Oenton, Texas, a
contract between Taylor-Hall Construction Company, Inc. and the City of
Denton, Texas concerning the renovation of the old fire station for a central
police station. A copy of which is attached hereto, tnd made a part hereof,
for all purposes.
SECTION It.
The City Manager, be and he Is hereby authorized to employ the necessary
employees, contractors, or supervisors to take over and manage the completion
of the renovation of the old fire station for a central police station.
PASSED AND APPROVED this the 2nd day of December, 1992.
RICKW 0. w , iAY
CITY OF DENTON, TEXAS
ATTEST:
VICKI NESTLINd
DEPUTY CITY SECRETARY
CITY OF OENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTC" EY
CITY OF DENTON, TEXAS
BY:
Hopkins motioned. Stephens seconded. On Roll Call Vote Hopkins, lye,
Stepp-4. aye, Alford, aye, Riddlesperger, aye, Chew, aye, Mayor Stewart,
aye. Tne motion carried unanimo4jily
i
Minutes
City Council Meeting
Oecenber 2, 1982
Page Two
The Council convened Into Executive Session at 1:21 P.M. to discuss Legal
Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S.; Real Estate Under Sec.
2(f), Art. 6252-17 V.A.T.S.; Personnel Under Sec. 2(g). Art 6252-17
V.A.T.S.; Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S.
The Meeting was ended.
ezA
CITY OF DENTON 1
MEMORANDUM
DATE OF MEETING: December 7, 1982
COUNCIL AGENDA ITEM 0 Consent agenda
SUBJECT: Bid # 9068 Gasoline 6 Diesel
SUMMARY: This is for the yearly requirements of regular and
no-lead gasoline and 02 Diesel fuel. We received
eight bids for the products, however, we did not
expect or receive a firm bid. The fluctuating
prices of petroleum products prohibits a firm
price, therefore we will call and receive quota-
tions on this bid each month and the price paid
will be up or down as the market fluctuates. The
vendor with the lowest price each month will be
awarded the business for that month. We have
followed this process for the last several years
meeting the bid requirements and also receiving
the best price. The vendors seem to be pleased
with the process and each one gets some business
during the year.
ACTION REQUIRED: Approval by council and award of b1d.
SOURCE OF FUNDS: Budget for each department.
RECOMMENDATION: We recommend this bid be awarded to the low bidder
for each item as follows:
Item 41 Regular Gasoline to IBE Industries
at .926 cents per gallon.
Item #2 No-Lead Gasoline to Reeder Distributors
of Ft. Worth at .9625 cents per -allon.
Item f13 #2 Diesel Fuel to IBE Industries. .,f
Denton at .97 cents per gallon.
We also recommend that the council award this bid with
the provision that we in purchasing be allowed to
receive the current fluctuating price each month or
delivery and award the bid to the lowest quoted
prices on each item. This bid has been awarded like
this for the past 7 to 8 years.
EXHIBITS: ~-Ta lati sheet and copy of bid proposal.
SUBMITTED BY:
Qhn 'HAfshall, C.P.}.
/Pure asing Agent
BID 1 9068
BID casoline 6 Diesel
OPEN 11/18/82 Caruthers lBE Ben Ivey Lucky Lady Reeder Martin McMahan Kelsoe
7 10-ON-0313--ply- 011 Co. Industrie 011 Co. Oil ro. Diet. Inc. Eagle Oil Co. oil Co.
ACCOUNT 1710-004-0598-870$ oil
-
f TEW DESCfffFTION- VER55F- -VMMR VENDOR VENDOR VENDOR VENDOR VENDIO
1. 1001 Regular Gasoline .9375 .926 .95 .914 .9325 .9275 .941 .9415
2, _160 1 No-Lead .9675 .966 .99 1965 .9625 .9675 .987 .97
3. 100, 12 Diesel .977 .97~ .98 .975 .975 .915 .104 NIS
All product deliveries to the CH Y of hento , Texas 5 orage foci tttes.
I
I
BID NUMBER 9068 BID PROPOSALS Page 2 of
ITEM STOCK NUMBER DESCRIPTION QUAN. PRICE AMOUNT
Gasoline S Diesel for use in City vehicles 6 equipment.
1. Regular gasoline Octane loom al.
2. No lead gasoline Octane 160M al.
3. 12 Diesel loots al.
Delivery of these above products will be in 8 to 9m gal.
transport loads to the City of Denton, Service Center,
Landfill and the Electric plant. Split loads at two
locations will be considered when ordered.
Your bid should be submitted on this form for full con-
sideration and all prices must be priced FOB Denton, Texas
in our tanks. Firm prices will be considered and evaluate
for one month, three months, six months and one year.
Variable prices or prices subject to change, must be tied v
to a definate price schedule or publication, stated in you
bid for full consideration. Bid prices subject to change
will be only considered for that delivery or order or for
no more than one month. In the case that a firm bid is c
not received or considered the award will be made for one
year and quotations will be received for each order and
awarded to the lowest quotation.
It is the purpose of this bid to secure the best prices
H
possible for the City of Denton, Texas. It is our in- ~
tention to abide by all Federal and State statutes. to
Therefore, all Federal and State laws and/or regulations
must be adhered to in this bid.
All gasoline and diesel as herein discribed must meet or
exceed the minimum requirements as set out by Federal and
State standards. No lead or clear gasoline shall be not
less than 87 octane, and regular gasoline shall be not les
than 89 octane.
1. Where is your terminal located?
2. Do you use your own transport? e
3. Time for delivery after receiving order?
44 Can you guarantee deliveries? TOTAL t
We quote the above f.o.b. Denton, Texas. Shipment can be made in days from receipt o order, erms not
unless otherwlse indlceted.
In submitting the above bid, the vendor agrees that acceptance of any or all bid items by the City of Denton, Te Kas within a
reasonable period of time eonstitues a contract.
hA 1*19 Addi'ae elddar
Clty Stale Vo 10A f#
TaIfpH06e TItl1
J~-
C~k
CITY OF DENTON
ME.'fORANDUM
DATE OF MEETING: December 7, 1982
COUNCIL AGENDA ITEM # Consent Agenda
SUBJECT: Bid # 9070 Uniforms/Fire Department
SU*1ARY: This bid was mailed out to 11 prospective bidders plus
the required legal advertising. We received five bids
as shown on the tabulation sheet, however only three
of these bids meet specifications. We must have
uniforms that match in material and construction as we
are matching existing uniforms, therefore we cannot
accept alternates at this time.
ACTION REQUIRED: Approval by council.
SOURCE, OF FUNDS: Budget account #100-006-0051-8108.
RECOMMENDATION: We recommend this bid be awarded to the low bidder
meeting specifications on item 1, 29 3, 41 and S to
J.B. Battle Uniform . Item 6 and 7 to.the low bidder
Factory Sales. Ladd Uniform was awarded the caps last
year and we were nine months getting the caps, therefore
we recommend the next bid of Factory Sales as the low-
est and best bid for items E d 1.
EXHIBITS: abulasi n sheet.
i
SUBMITTED BY: t~Ly G °L
hn Marshall, C.Y.M.
Yuiasing Agent
BID l 9070 E1
BID TITLE Uniforms/Fire Dept.
OPENED 11/18/82 _
Donovan Ladd Factory J.B. Martin Riverside
ACCOUNT / 100-006-0051-810$ Uniform Uniform Sales Battle Kaufman Mfg. Co.
Co. Co. Uniform Uniform Uniforms
Co. Co.
TYo IT DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR
11 440 Uniform Pants N/B 24.05 24.00 23.25 16.60 17.61
2. 321 Shirts, Short sleeve NIB 10.79 11.00 10.00 8.30 11.10
3. 85 Shirts, long sleeve NIB 12.69 12.50 11.95 9.80 12.39
4..---15 Officer Shirts, short sleeve NIB 10.79 11.00 10.00 9.10 12.28
5. 16 Jacket, Tuffy NIB 55.45 55.00 54.95 59.40 62.22
6. $ Cap, B,'.ue NIB 14.05 13.00 16.95 14.60 NIB
7. 6 Cap, White NIB 14.05 15.00 16.95 16.60 NIB
Delivery 21 days - 4-6 wks 30-45 days
00
CITY OF DENTON G~ ✓
MEMORANDUM
DATE OF MEETING: December 7, 1982
COUNCIL AGENDA ITEM # Consent Agenda
SUBJECT: Bid 6 9013 Dog Food
SUMMARY: This bid is for the purchase of approximately 3,500
pounds of dry chunk style dog food. This is
approximately a six (6) months supply for the animal
control center. Feed for other animals cats, horses,
etc. are purchased in smaller quantities not
requiring a formal bid contract.
ACTION REQUIRED: Approval by council and award of bid.
SOURCE OF FUNDS: 1982-83 Fiscal Budget account 100-002-0044-81I6,
Animal Control Supplies.
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder
of Fox Feed and Ranch of Denton in the amount of
$.188 per pound. They will deliver as required on a
weekly basis.
We have included in this hid an option to extend the
contract for an additional six (6) month period upon
agreement by both parties.
EXHIBITS: Tabulation sheet.
SUBMITTED BY:
Tom D. Shaw, C.P.M.
Assistant Purchasing Agent
SID / 9073
BID TITLE Dog Food
OPENED 11/23/82 Pilot Fox Feed
Point b Ranch
ACCOUNT $ Farm a
Ranch
TY1Tgj DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR
1.4,54 Dog Food .189per/lb ,188per/lb
Delivery 7 days 2 days
Terms Net Net
a B----i I
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
Date: December 7, 1982
Subject: Approval of the final replat of the
Lincoln Park Addition.
Summary: This is the request for approval of a re-
plat of Lot 1, First Section, and Lot 2,
Second Section, of the Lincoln Park Addi-
tion. The property is locate along the
south side of Simmons Street between Park
Lane and Smith Street , and the intent of
the replat is to remove an existing lot
line to create a one lot resubdivision
which will total 0.2815 acre in size. The
zoning is single family (SF-1), and con-
struction of a single family residence is
anticipated.
All public facilities are in place, and
the replat meets technical requirements of
the subdivision regulations.
Action Required: Approval of the final replat.
Recommendation: The Planning and Zoning Commission
recommends approval by a vote of 7-0.
Exhibits; 1. Reduced replat
2. Planning and Zoning Commission minutes
of meeting of November 17, 1952
t~~'_Lo -,,I -
David Ellison
Development Review Planner
160'R0+~1
SIMMONS STREET
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%ICINITY MAP
Minutes
Planning and Zoning Commission
November 17, 1982
Page 10
Mr. McVey stated that changing the request to planned
development zoning would be no problem, that property is
used now for illegal parking and proposed convenience
store would be more pleasing. On question, he said plans
include two gasoline pumps. On further question, he said
he would not be opposed to tabling matter to allow staff
time to look at plans.
Chair declared public hearing closed.
Chairman commented he would not be in favor of a
convenience store at this location.
Mr. Sidor commented he would not consider commercial
zoning but would consider a planned development for a
convenience store, after review of plans by staff.
Mr. Meyer advised that tablingg request would require
readvertising and renotification of property owners; he
suggested uenying request and petitioner submitting a new
request for Planned development if he so desired.
Ms. Mays said she would not be interested in approving a
convenience store at this site and moved to recommend
that Z-1548 be denied. Seconded by Mr. Escue.
Vote: Aye - Cole, Escue, Juren, LaForte, Mays and Sidor
Nay - Claiborne
Motion carried. (6-1)
0. Approval of the final replat of the Lincoln Park Addition.
Mr. Ellison explained request stating that intent of
replat is to remove an existing lot line to create one
lot; existing zoning is single family (SF-7) and proposed
(UNAPPROVED) development is a single family residence. Forty lot
owners in the preceding subdivision were notified, one
reply form was received in favor, one reply form was re-
ceived in opposition. Plat meets technical requirements
and Development Review Committee recommends approval.
Jim Houston, owner of property, stated he is in favor as
he is trying to build a single family home.
No one was present in opposition to request.
Chair declared public hearing closed.
Minutes
Planning and Zoning Commission
November 17, 1982
Page 11
Mr. Sidar moved to recommend approval of the final replat
of the Lincoln Pork Addition. Seconded by Mr. Escue and
Lunanimously carried. (7-0)
E. Approval of the final replat of the Montecito Del Sur
Addition.
Mr. Ellison explained request stating that intent of
replat is to relocate an existing lot line increasing
size of lot 1; lot 1 will contain 35,000+ square feet and
lot 2 will contain 31,000+ square feet. Twenty-four lot
owners in the preceding subdivision were notified; six
reply forms were"received in favor, two reply forms were
received in opposition. He further advised that some
calls had been received from people in Montecito Addition
who were concerned about proposed development. Appar-
ently they felt their views should be considered since
they were located across the street; one individual felt
this was going to affect the character of the neighbor-
hood. Mr. Ellison explained that petitioner could still
develop property and comply with all requirements without
the replat, that he did not feel character of neighbor-
hood would be affected.
Steve Guynes, owner of both lots, stated that they plan
to move lot line so as not to take any chances with a
heavy rain, that drainage was a consideration. He said
that present lot width is 240 feet, smallest lot now
would be 190 feet wide. He said he had talked with both
parties who had returned reply forms in opposition, that
they had heard rumors but after hearing explanation from
him they were no longer in opposition.
No one was present in opposition to request.
Chair declared public hearing closed.
Mr. Sidor moved to recommend approval of the final replat
of the Montecito Del Sur Addition. Seconded by
14r. Claiborne and unanimously carried. (7-0)
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
Date: December 19 1982
Subject: Approval of the final replat of the
Montecito Del Sur Addition.
Summary: This subdivision application involves a
request for approval of a replat of Lots 1
and 2, Block B, of the Montecito Del Sur
Addition. The zoning is single family
is to
relocate a the t existing intent loof the t line r between
lots 1 and 2, 50' to the east, thus, in-
creasing the size of lot 1. After the
proposed replat, lot 1R will total approx-
imately :5,719 square feet in size, and
lot ZR will total approximately 31,798
square feet in size. Both lots will
exceed the minimum 16,000 square foot
requirement.
The replat meets technical requirements of
the subdivision regulations and all public
facilities are in place.
Action Required: Approval of the final replat.
Recommendation: The Planning and Zoning Commission
recommends approval by a vote of 7-0.
Exhibits: 1. Reduced replat
2. Planning and Zoning Commission minutes
of meeting of November 17, 1982
David Ellison
Development Review Planner
MA'
of MOlRK,at
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LOTS IR 8 2R BLOCK 8
MON T ECITO DEL SLiR
bl 0110 a rfolat al Lots 10 t SiaNI 9
M004010 CN Sur al rllor Qlambbl i0 SStlhatl
'to C,ll of otnfon, oenlon Counll. fatal
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Minutes
Planning and Zoning Commission
November 17. 1982
Page 11
Mr. Sidor moved to recommend approval of the final replat
of the Lincoln Park Addition. Seconded by Mr. Escue and
unanimously carried. (7-0)
E. rpproval of the final replat of the Montecito Del Sur
Addition.
Mr. Ellison explained request stating that intent of
replat is to relocate an existing lot line increasing
(UNAPPROVED) size of lot 1; lot 1 will contain 35,000+ square feet and
lot 2 will contain 31,000+ square feet. Twenty-four lot
owners in the preceding subdivision were notified; six
reply forms were"received in favor, two reply forms were
received in opposition. He further advised that some
calls liad been received from people in Montecito Addition
who were concerned about proposed development. Appar-
ently they felt their views should be considered since
they were located across the street; one individual felt
this was going to affect the character of the neighbor-
huod. Mr. Ellison explained that petitioner could still
develop property and comply with all requirements without
the replat, that he did not feel character of neighbor-
hood would be affected.
Steve Guynes, owner of both lots, stated that they plan
to move lot line so as not to take any chances with a
heavy rain, that drainage was a consideration. He said
that pr:isent lot width is 240 feet, smallest lot now
would be 190 feet wide. He said he had talked with both
parties who had returned reply forms in opposition, that
they had heard rumors but after hearing explanation from
him they were no longer in opposition.
No one was present in opposition to request.
Chair declared public hearing closed.
Mr. Sidor moved to recommend approval of the final replat
of the Montecito Del Sur Addition. Seconded by
Mr. Claiborne and unanimously carried. (7-0)
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO THE CITY COUNCIL
To: Denton City Council
Case No. Z-1547 Date; December 79 1982
GENERAL INFORMATION
Applicant: Nolan Browne
Southmont Development Company, Ltd.
P. 0. Bax 1435
Denton, Texas 76201
Status of Applicant: Prospective Developer
Requested Action: Change of zoning from single family
(SF-16) to the Planned Development
(PD) classification.
Purpose: To develop single family detached
housing with emphasis on the zero lot
line concept on lots ranging from ap-
proximately 6,000 to 11,000 square
feet in size.
Location and Size: Approximately eight (8) acres pres-
ently constituting part of lot 1,
block 2; lots 2-6, block 2; and lots
1-7, block 3 of the existing Southmont
Subdivision. The Southmont Subdivi-
sion begins adjacent and south of
Teasley Lane and adjacent and west of
Sam Houston Elementary School property
Existing Land Use: Vacant
Surrounding Land Use
and Zoning: North - Southmont Baptist Church, Sam
Houston Elementary School,
vacant; Agricultural (A),
SF-16, Pu-16
South - Vacant, Single family residen-
tial; Agricultural (A) and
SF-13
(Z-1547)
Page 2
GENERAL INFORMATION CONTINUED
Surrounding Land Use
and Zoning Continued: East - Vacant, FM-2181; SF-10
West - Vacant; single family residen-
tial; Agricultural (A) and
SF-16
Land Use Intensity Plan: Area is designated as low intensity
SPECIAL INFORMATION
Applicable Regulations: Planned Development (PD) zoning is
typically a two stage review process.
First, a general land use concept plan
is submitted to the Planning and Zon-
ing Commission and the City Council
for approval, and secondly, a specific
site development plan is submitted for
review and approval. Significant
changes to an approved Planned Devel-
opment requires additional review and
an amendment to the original Planned
Development (PD) only with approval of
the Planning and Zoning Commission and
the City Council.
This parcel must be resubd'vided be-
fore development takes place if the
zoning change is approved. The resub-
division must conform to City of Den-
ton subdivision regulations, as well
as, the appr ved Planned Development
site plan. The Planning and Zoning
Commission approved the preliminary
plat of the Southmont Place Addition
at its meeting of November 30 1982. A
final replat which requires a public
hearing and notification of all lot
owners within the subdivision must
also be approved.
Area Regulations: Standard City of Denton area regula-
tions may be waived or varied when
approved as part of a Planned Develop-
ment. Area regulations for the exist-
ing SF-16 zoning district are as fol-
lows:
(Z-1547)
• Page 3
SPECIAL INFORMATION CONTINUED
Area Regulations Cont.: Frontyard Setback - 35'
Side yard Setback - 10'
Rear yard Setback - 10'
Minimum lot width - 100'
Minimum lot depth - 120'
Maximum percentage
of lot covered by
building - 35%
Lot sizes, setback areas and other
area features vary in the proposed
Planned Development (PD); however,
typical area features include:
Typical lot width - 60' (55' minimum -
85' maximum)
Typical lot depth - approximately 110'
(100' minimum -
110' maximum)
Frontyard Setback - 10' typical
Silo yard Setback - 8' typical (total
8' separation
between zero lot
line houses)
Rear yard Setback - 10' typical in
addition to rear
yard easements in
some sections
Maximum percentage
of lot to be covered
by building - 60%
The Development Review Committee has
reviewed the preliminary plat and site
plan and it feels that the proposed
area standards are acceptable if de-
veloped as exhibited on the submitted
' site plan.
Public Utilities: All public utilities are available for
extension to this site.
Transportation: Southmont Drive is an existing im-
proved residential street (50' right-
of-way) which terminates at the east-
ern boundary of the Southmont Subdivi-
sion. The developer has requested
that the eastern most 110' portion of
(Z-1541)
Page 4
SPECIAL INFORMATIO14 CONTINUED
Transportation Cont.: Southmont Drive be quitclaimed to in-
sure that it will not be extended into
abutting undeveloped and unplatted
property to the east and ultimately
connected to FM 2181 (Teasley Lane).
There is an approximately 40 acre un-
developed area between the Southmont
Subdivision and FM 2181. The Henry S.
Miller Company has unlawfully subdi-
vided by metes and bounds description,
and subsequently sold, a 17 acre por-
tion of the property to Mr. John
McCuistion. Mr. McCuistion appeared
before the Planning and Zoning Commis-
sion on November 3, and November 17,
1982 and expressed concern over the
proposal to quitclaim a portion of
Southmont Drive because if quitclaimed
at the proposed point, the street
would not be available for extension
into his property.
Pros and cons of the street closing
question were discussed at the Plan-
ning and Zoning Commission meeting,
and it was determined that it is pos-
sible for Mr. McCuistion to subdivide
his property in a lawful manner by
platting lots with a minimum 70' of
frontage on FM 2181. Mr. McCuistion
has visited with staff on several
occasions to discuss alternatives for
developing single family residences on
2-3 acre lots, but no proposal in-
volved plans for extension of South-
mont Drive and no official subdivision
plats or plans have been submitted or
approved.
The City of Denton thoroughfare and
collector street plan does not desig-
nate Southmont Drive as a collector
street. If Southmont Drive is not
closed, it is possible that it may one
day connect with Teasley as develop-
(Z-1547) 1
Page 5
SPECIAL INFORMATION CONTINUED
Transportation Cont.: ment occurs, thus, creating an under-
sized collector street. Staff views
this as an undesirable prospect, and
the developer has indicated that it
will be impossible for him to market
his development in the designed manner
if there is any opportunity for South-
mont Drive to be extended any further
than its present termination point.
After considering several factors, the
Planning and Zoning Commission ap-
proved the preliminary plat of the
Southmont Place Addition with the pro-
posal to quitclaim the requested por-
tion of Southmont Drive by a vote of
4-1 at its meeting of November 3,
1962. Mr. McCuistion was advised to
meet with staff in an attempt to form-
ulate some official subdivision or
platting scheme that will conform with
City of Denton subdivision regulations
I
As of this date, Mr. McCuistion still
has not approached staff with any
official plans or plats for his prop-
erty. The property was unlawfully
subdivided by metes and bounds de-
scription after staff met with Mr.
McCuistion and the seller. The fact
that an official plat of record was
needed prior to consumation of the
land sale was clearly communicated to
Mr. McCuistion, yet, he chose to pur-
chase the property east of the South-
mont Subdivision in two sections
totalling 17 acres.
Concerns over plans for Pennsylvania
Drive were also communicated during
the Planning and Zoning Commission
public hearing. Some members of the
Montecito Addition indicated that they
were opposed to the proposed termina-
tion point of Pennsylvania Drive. The
proposed planned development is no
different from the existing approved
plat with respect to Pennsylvania
(Z-1547) ,
Page 6
SPECIAL INFORMATION CONTINUED
Transportation Cont.: Drive. The original Southmont Subdi-
vision called for Pennsylvania Drive
to terminate at its present point and
once again, the Southmont Place
planned development would not change
what already exists. Montecito resi-
dents have stated that additional
north-south street systemi are in need
in this area, and Pennsylvania Drive
should be allowed to extend further
southward and possibly connect with
Ryan Road. The Denton Development
Guide and the Major Thoroughfare Plan
do not show any connections or plans
for extension of Pennsylvania beyond
its present point. If Pennsylvania is
allowed to extend or connect with
areas south of this tract, it could
possibly act as a major arterial type
street and pressures and requests for
more intensive retail and commercial
type toning and land uses could be
anticipated. Development Guide poli-
cies, standards, and the thoroughfare.
plan would have to be altered drama-
tically. An extension of Pennsylvania
Drive is considered unnecessary and is
actually a moot point due to the fact
that the existing Southmont Subdivi-
sion plat has established its present
termination point.
Article 13.04 of the Subdivision Regu-
lations specifies that wthe arrange-
ment of streets within a subdivision
shall provide for the continuation and
extension of major and secondary thor-
oughfares. Such thoroughfares shall
be of width recommended by the City
Planning and Zoning Commission. Minor
residential streets in the subdivision
shall provide convenient circulation
of local traffic within the subdivi-
(Z-1541)
Page 7
SPECIAL INFORMATION CONTINUED
Transportation Cont.: sion and adequate access to all build-
ing lots within the subdivision......
As a general rule, the dedicated por-
tions of minor residential streets
shall be no less than fifty (50) feet
wide, collector streets not less than
sixty (60) feet wide, and major ar-
terials not less than eighty (80) feet
wide." The subdivision regulations
continue by specifying that "in order
that proper relationship of new
subdivision streets may be maintained
with adjoining streets and land, the
system of streets in a new subdivi-
sion, except in unusual cases must
connect with streets already dedicated
in adjacent subdivisions that have
been platted. There must, in general,
be a reasonable projection of streets
in the nearest subdivided tracts, and
the same must be continued to the
boundaries of the tract subdivided, so
that other subdivisions may be con-
nected therewith." The property ad-
joining the Southmont Subdivision to
the east has never been subdivided and
no part of it has been dedicated for
right-of-way for Southmont Drive.
The major thoroughfare and collector
street plan and the subdivision regu-
lations both appear to support a deci-
sion to quitclaim Southmont Drive to
prevent its possible connection with
FM 2181. The surrounding land uses
and predominant zoning is low density
residential, therefore, Southmont
Drive, as it presently exists, is
consistent with recommendations and
standards for street systems serving
areas of this type.
(Z-1547)
Page 8
ANALYSIS
The proposed zero lot line single family detached development
conforms to the Development Guide policies which recommend low
density residential development as the predominant land use in
low intensity areas. The proposed change in zoning will result
in smaller lot sizes, however, Planned Development (PD) zoning
guarantees attractive amenities and site plan control that can-
not be insured with basic SF-16 zoning. The zero lot line con-
cept represents a significant housing trend that offers an al-
ternative to prospective home buyers that are not capable or
interested in maintaining large yard areas. A reduction in the
size of lots within this subdivision is not synonomous with a
reduction in the quality of the overall development.
A draft of the proposed deed restrictions and covenants indi-
cates that one story residences within this development must be
a minimum 1,800 square feet in size and two-story residences
must be a minimum 2,200 square feet in size, of which, not less
than 1,600 square feet must be on the ground floor. Exterior
walls must be seventy-five (75) percent masonry or brick or
natural stone (not stucco), exclusive of door, window and gable
areas. A self contained recreational-open space area is also
proposed, and will include tennis courts, a swimming pool and a
recreational building. Thirty-one (31) residences are proposed
for development on this approximately eight (8) acre parcel;
therefore, the proposed density is approximately 3.875 units per
acre. Average density for SF-10 and SF-7 development is approx-
imately three (3) units per acre and four (4) units per acre,
respectively. The density proposed for this development is
considered reasonaole. The adjoining property to the east is
zoned SF-10, and there is undeveloped agricultural property to
the west, between the subject eight (8) acre site and the SF-16
zoning in the Montecito Addition. The zero lot line concept
will not be utilized throughout the entire development, Some
corner lots and all four (4) lots proposed in 81ock 2 will not
observe the zero lot line pattern.
Diversified housing or differing housing types that correspond
to Denton citizen's financial constraints and desires for dif-
fering lifestyles is strongly recommended by the Development
Guide. It is important that diversified housing patterns be
well planned to insure maintenance of neighborhood integrity.
The developer has met with the staff Development Review Comittee
on numerous occasions in an attempt to address technical issues,
and he has exhibited better-than-average willingness and desire
to consider neighborhood and citizen input.
(Z-1547)
Page 9
RECOMMENDATION
The Planning and Zoning Commission recommended approval of
Z-1541 by a vote of 7-0 at its meeting of November 17, 1982 with
the following conditions:
1. The property will be developed in accordance with the ap-
proved site plan.
2. All subdivisions and resubdivisions shall conform to City of
Denton subdivision regulations and an official copy of deed
restrictions and covenants shall be filed with the City and
County.
3. The 110' portion of Southmont Drive designated for closing
on the official site plan shall be quitclaimed in accordance
with City of Denton procedures and other legal requirements.
4. Fencing must be erected so that it does not obstruct visi-
bility and is in conformance with City of Denton codes and
ordinances.
5. Failure by the homeowner's association to maintain areas
directly related to the drainage of the property to the
degree as judged adequate by the City Engineer shall result
in the following procedure:
a. The city shall notify the homeowner's association 24
hours in advance of city maintenance crews beginning
operations so that any hazards in the designated areas
may be eliminated.
b. If hazard is not corrected in the 24 hour period, the
city crews will work to remove the hazard.
C. After city crews have completed all the work needed to
remove the hazard, charges will be assessed to the
homeowner's association based on the following:
1) equipment-cost x 1.5
2 labor-cost x 1.23
3) 15% overhead on entire charge
6. Developer shall pay any expenses for relocation of any util-
ities within this development.
(Z-1547)
Page 10
ALTERNATIVES
1. Approve petition with conditions.
2. Approve petition without conditions.
3. Deny petition.
4. Table for future consideration.
ATTACHMENTS
1. Aerial
2. Site plan
3. Reply forms total
4. Property owners list
5. Planning and Zoning Commission minutes of meeting of
November 17, 1982
6. Correspondence from John McCuistion
7. Memorandum from Joe D. Morris, Assistant City Attorney
i
Z-1547
DEVELOPMENT GUIDE CC MENI DEVELOPMENT RATING COMPARED TO POLICY
POLICY
Slightly N/A or Slia7•tl
Vnaccw ubls Vn~eceptable Unsure AeeeQtab ~ Aee t
Density/Intensity Proposed Density of X
Standard not approximately 3.9
violated single family units
per acre is accept-
able and consistent
with Development
Guide policies.
Strict Site Plan PD Zoning is being X
Control is provid- provided.
ed (Development
should maintain
character of area,
architectures,
landscaping, etc.)
~Adequatr street Site has access to X
Access is pro- Teasley Lane and
vided. interior residential
" streets and cul-de-
sacs will accommo-
date the proposed
low density devel-
opment.
Sufficient green Open space, tennis X
space,recreational court, recreational
facilities and building and swim-
diversity of parks ming pool are all
are provided. proposed.
Input into plan- Developer has ad- X
ning by neighbor- vised community of
hood or village plans and exhibited
councils. more than average
willingness to in-
volve neighborho.d
in process.
Overall Ratinb
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SOUTHMONT PLACE
C•IT of D,.NA ,
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PROPER'P': OWNER REPLY FORMS
CITY COUNCIL
2-1547
IN FAVOR IN OPPOSITION UNDECIDED
None Received Roy D. ltindrick
911 Chijuita
Denton, Texas 76202
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Minutes
Planning and Zoning Commission `
November 17, 1982
Page 3
Mr. Sidor moved to recommend app,.-oval of Z-1546 subject
to the following condition:
The property will be developed in accordance with the
approved site plan and all City of Denton development
standards (subdivision regulations, building codes, etc.)
Seconded by Mr. Claiborne and unanimously carried. (6-0)
Mr. Juren returned to meeting.
B. (7-1547. Tnis is the petition of Mr. Nolan Browne repre-
senting Southmont Development Corporation Ltd., request-
ing a change of zoning from single family (SF-16) to
planned development (PD) classification on part of lot 1,
block 2; lots 2-6, block 2; and lots 1-7, block 3, of the
(UNAPPROVED) Southmont Subdivision. The planned development, if ap-
proved, would permit zero lot line single family detached
development on lots ranging from approximately 6,600 -
8,40U square feet in size. The Southmont Subdivision
begins along the south side of Teasley Lane, adjacent
and west of the Sam Houston Elementary School property.
Mr. Ellison explained request stating that existing
zoning is SF-16, that Planning and Zoning Commission
on November 3 approved a preliminary plat of Southmont
Place with Southmont Drive being closed and possibly
quitclaimed. Proposal is to replat approximately eight
acres into 31 lots and rezone as planned development. He
said that seven notices were mailed to property owners,
two reply forms were receivea in favor, none were
received in opposition.
Nolan Browne, representing the parties whu are proposing
to develop Southmont Place, stated they plan to build an
area of nice single family detached dwellings, with
strong architectural controls. He said it is not a high
density development as there are less than four houses
per acre; concept is a small area with houses separated
by gardens and patio areas. An approximately 240 foot
square greenbelt area is located in center for tennis
courts, swimming pool and cabana to be professionally
maintained 12 months a year. There will be a perimeter
fence around Southmont Place to be maintained by home-
owner's association; there will be one route in and out
affording a high level of security. He stated that their
proposal will provide a buffer from the 40 acres of SF-10
zoning, which has a potential of 160 houses; that their
Minutes
Planning and Zoning Commission
November 17, 1982
Page 4
plat will stop cars from Southmont Drive to Teasley where
school children are. He continued that Denton Indepen-
dent School District has no objection to their proposal;
that Southmont Baptist Church has made available to them
that DBA which owns entire
180 feet of their property; ,
Southmont Subdivision does not oppose it; that Darlene
and Frank Jones who own 4 1/2 acre tract adjoinng have
sent a letter of approval; that Bob Nichols who owns 17
acres abuts their property and has no objection.
Or. Kindrick on west adjoins their property and
Mr. McCuistion's property adjoins on east. Five of
the seven property owners have no objection. He further
stated that Southmont Place has six developers, five of
whom will make their homes in Southmont Place; that
Southmont Place is 25 percent sold out. He introduced
approximately 21 persons as investors, purchasers and
adjoining property owners. Three others were intro-
duced as citizens of Denton supporting the proposal.
Mr. Browne concluded that Southmont Place will add a
minimum of four million dollars to tax rolls of Denton
without any major expenditures; that it will be a beau-
tiful secure place to live and a credit to Denton and
they are asking approval of Planning and Zoning Commis-
sion. On question, Mr. Browne said that the number of
lots next to Or. Kindrick's property has been cut from
five to four, that these are not zero lot line lots, that
lots abutting his property are 75' x 1251, that there
will be 25 feet between houses at this point with rear
yard of 15 feet, that actually only three lots abut
Dr. Kindrick's property, that he cannot cut number of
lots again. On further question, he said that all lots
sell for $27,500.
Bob Tedlock stated that he is in favor of proposal, that
it will be a high quality development and he plans to
purchase a lot for his home if zoning is approved.
Roy Kindrick, 911 Chiquita, stated that his property
adjoins proposed development. He read and submitted a
petition signed by 65 area residents in opposition to
request. He introduced about 15 persons in audience in
opposition. He questioned zoning shown on map stating
that it was his understanding that his property was zoned
SF-15 rather than A as shown on map. He referred to a
letter written by him asking that Southmont Drive be
closed. He said at that time it was his understanding
that Mr. McCuistion was planning to develop area as tract
homes, that since then he has talked with Mr. McCuistion
Minutes
Planning and Zoning Commission
November 17, 1982
Page b
who plans a low density development on that property. He
said he still feels Southmont Drive should be closed but
questions closing of Pennsylvania, that it will cause
street and traffic flow problems and will close access to
Teasley for other areas to be developed. Without access
to Teasley, traffic will use shortcut through Montecito.
He expressed concern about future density stating that
this would set a precedent. He continued that he was
concerned about aesthetics, about noise and natural
habitat. He stated that he is being treated unfairly,
that there is no buffer between his property and proposed
development. He said that he has a four acre tract, that
he was told it would be estate type property. He reques-
ted that zoning abutting his property be maintained as
SF-16, as SF-16 is best zoning Denton has to offer.
Mr. Juren referred to lots abutting his property, and
Dr. KindricK said he is concerned about setting a prece-
dent, but if replat is allowed to go through without some
buffering it could happen all around his property.
George Olafsen stated he agreed with Dr. Kindrick and
expressed concern about closing of Southmont and of
Pennsylvania, stating that keeping Pennsylvania open
would solve a lot of problems in the area.
Lee Knack, 3011 Carmel, stated that area would be more
salable as large treed lots, that proposal would set a
precedent for future development. She asked that those
lots abutting Dr. Kindrick's property remain SF-16 zoning.
John McCuistion stated he owns property directly east of
Southmont Drive, that he is opposed to closing that
street as it is the access to his property. He feels it
would be an unreasonable cost to construct a street from
Teasley when Southmont Drive exists at the present time.
He also stated that he is opposed to entire zoning issue
as it would not be in conformity with surrounding land
use. He said he plans to develop his property with four
lots of at least two acres each and asked Mr. Ellison to
concur that he had not discussed anything other than four
residences with him. Mr. Ellison agreed with statement.
He said he was concerned that if Dr. Kindrick had re-
ceived incorrect information, others might have also.
Referring to the concern of extending Southmont to
Teasley, he said he did not propose to do so, that his
plan would block Southmont and the only way it could be
extended would be through someone's yard. on question,
he said that he has not platted his land, that he is
working on informal drawing; that it was his understand-
ing that there was no need to plat until he was ready to
develop his property.
Minutes
Planning and Zoning Commission
November 17, 1982
Page b
Mr. Ellison advised that there has been correspondence
with Mr. McCuistion; that Mr. McCuistion has not platted
his property, that he made several proposals, none of
which showed extension of Southmont Drive. Both
Mr. McCuistion and seller of property had been advised
that the property had been illegally subdivided. He
continued that at November 3 Planning and Zoning Commis-
sion meeting, Mr. McCuistion had been informed that 70
foot frontage on FM 2181 for each of his four lots would
give him adequate access, but staff still had not re-
ceived anything from himo He said there is no dedication
of right-of-way,for extension of Southmont Drive, that
subdivision regulations and Development Guide, as well as
recent opinion from Legal Department support the fact
that Planning and Zoning Commission can close Southmont
Drive. He further explained that area is designated low
intensity by Development Guide, that Development Guide
supports diversity of uses. He said that this is clearly
a proposal for change, that city will continue to get
plans like this, that reduced lot size is not synonymous
with reduced quality. He said that petitioner has sub-
mitted a draft of deed restrictions, that present
Southmont Subdivision has no restrictions filed, that
city can control development under planned development
but not SF-16 zoning. He said that he respects the con-
cerns of residents of Montecito, that there are vacant
properties in area that will have to be considered when
development occurs. He said that staff does not feel
proposal will impact Montecito area, that it is a change
but Development Guide supports this kind of diversity and
staff recommends approval subject to conditions. On
question, he said that Mr. Browne is aware of recommended
conditions and is in agreement. On further question, he
said that a concentration of this type of housing might
be a problem, that it is not known how other vacant prop-
erties in area are to be developed.
Mr. Browne referred to lots abutting Dr. Kindrick's prop-
erty stating that those lots (75' x 1251) are larger than
others in the development. They are not zero lot line,
they contain an area of 9,375 square feet, there will be
a 25 foot separation between those houses, and a rear
setback of 15 feet. He said that houses will not be
smaller than what has been proposed in past. On ques-
tion, he said that deed restrictions specify a minimum of
1800 square feet for one story and 2200 for two story
structures. He said that existing SF-16 lots have been
sitting there about 2 1/2 years, obviously there is no
Minutes
Planning and Zoning Commission
November 17, 1982
Page 7
demand for those SF-16 lots. He said that somewhere down
the road, the city will be faced with either a planned
development request or downzoning from SF-16. He read
and presented a petition signed by 96 persons, stating
that over 75 percent of signatures are either involved
in Southmont Place or interested in development of real
properties in Denton.
Chair declared public hearing closed.
Mr. Sidor commented that lots abutting SF-16 zoning are
slightly less than 10,000 square feet, that he felt three
lots instead of ,four would be insignificant. He asked if
there was a minimum house size in Montecito.
Bob Nichols answered from the audience stating that it
was about 2,000 square feet.
Ms. Mays stated that she sees both sides, but feels that
Planning and Zoning Commission has to adjust to new hous-
ing situations; that this is transition but it is not
reducing quality of housing even though it is reducing
size of lots, that it is her feeling it would benefit the
most people; therefore, she moved to recommend approval
of Z-1547 subject to the following conditions:
1. The property will be developed in accordance with the
approved site plan.
2. All subdivisions and resubdivisions shall conform to
City of Denton subdivision regulations and an offi-
cial copy of deed restrictions and covenants shall be
filed with the City and County.
3. The 110 foot portion of Southmont Drive designated
for closing on the official site plan shall be quit-
claimed in accordance with City of Denton procedures
and other legal requirements.
4. Fencing must be erected so that it does not obstruct
visibility and is in conformance with City of Denton
codes and ordinances.
Minutes
Planning and Zoning Commis~ion
November 17, 1982
Page 8
5. Failure by the homeowner's association to maintain
areas directly related to the drainage of the prop-
erty to the degree as judged adequate by the City
Engineer shall result in the following procedure:
a. The city shall notify the homeowner's association
24 hours in advance of city maintenance crews
beginning operations so that any hazards in the
designated areas may be eliminated.
b. If hazard is not corrected in the 24 hour period,
the city crews will work to remove the hazard.
c. After city crews have completed all the work
needed to remove the hazard, charges will be
assessed to the homeowner's association based on
the following:
11 equipment-cost x 1.5
2 labor-cost x 1.23
3) 15% overhead on entire charge
6. Developer shall pay any expenses for relocation of
any utilities within this development.
Seconded by Ms. Cole.
Chairman stated that he usually votes with wishes of
neighborhood but in this case he doesn't feel he can
support neighborhood group and do what he considers
right. He said he feels it is an excellent development,
houses will be compatible to and will not damage houses
in Montecito, that development will be in best interest
of city, therefore he will vote in favor.
Mr. Escue suggested that petitioner provide some kind of
buffering within the plan from standpoint of lots in
Montecito that abut this property.
Vote was called and motion passed unanimously. (7-0)
Chair called a short recess.
Meeting reconven?d at 7:15 p.m.
JOANNE M. SHIPLEY
ATTORNEY AND COUNSELOR AT LAW
729 FORT WORTH DRIVE
P.O.OMWER M
CITIZEN'S NATIONAL BANK BUILDING
DENTON, TEXAS 78201
AS, (817) ""45
November 15, 19rl
Planning and Zoning Board
City of Denton
Municipal Building
Denton, TX 76201
City Council b 1482
City of Denton RECEIVED NOV
Municipal Building
Denton, TX 76201
RE: Case No. Z-1547
Closing of Southmont Street,
City of Denton.
Gentlemen:
I am contacting you on behalf of one of my clients who
owns property abutting Southmont Street in the City of Den-
ton. It is my understanding that the Planning and Zoning
Board intends to reco^Imend to the City Council that South-
mont be closed where it intersects Pennsylvania.
I wish to bring to your attention Vernon's Texas Civil
Statutes, Article 1175, Subsection 16-18, wherein cities
have exclusive dominion, control and jurisdiction in, over
and under public streets. Atthough Section 18 grants the
power to vacate and close streets when such action is in
the best interest of the public, Vernon's Article 4646& per-
mits the owner or lessee o° real property actually abutting
on that part of the street or alley actually vacated, aban-
doned or closed to bring an injunction to stay or prevent
the vacating, abandonment or closing by the City Council
or governing body of any street in any such incorporated
city in Texas, unless the damacres of said owner or lessee
have been released or have been ascertained anO paid in a
condemnation suit by the city. This right to injunctive
relief against the vacation of streets is not limited to
the city itself but extends to private persons who proceed
under an ordinance alosin❑ or vacating streets.
It +.s our position that closure of Southmont would
not be in the best Interests of the public. furthermore,
it is our position that such a closing would be illegal and.
therefore, we would have to seek to restrain siich closin;l by
obtaining an injunction.
Thank you for your attention.
tie ' tWulours,
it 1
70~ ne M. Shirley
JMS/jh
cc: *loian Browne
Box 1435
Denton, TX 76201
CITY OF DENTON, TEXAS
OFFICE OF THE CITY ATTORNEY
M~ 'ORANDUM
C.J. Taylor, Jr., City Attorney
Joe D. Morris, Assistant City Attorney
Robert B. Hunter, Assistant City Attorney WEIVED NOV 17 110
DATE: November 16, 1982
TO: David Ellison, Development Review Planner
FROM: Joe D. Morris, Assistant City Attorney
SUBJECT: Closing of Southmont Street; Southmont Subdivision
in 1979 Southmont Subdivision was platted and approved by the City
of Denton. One of the streets, designated as Southmont Drive dead
ends at the property line on the east side of the subdivision. The
owner of the subdivision wishes to replat so as to vacate that part
of the street which abuts the east property line and designate an
additional street and lots along the east property line of the
subdivision. The adjoining owner on the east property line objects
to the vacation of such street. It is our understanding that. the
adjoining property owner has not developed his property, has not
made use of the dedicated roar' in the subdivision, and has access
to his property by Teasley Lane.
You have asked this office whether the adjoining property owner has
any legal rights in regard to that part of Southmont Drive to be
vacated so as to prevent the requested vacation and replat.
There are two distinct kinds of rights that a person may acquire in
city streets; (1) a public right which one enjoys in common with
all citizens; and (2) a private right which under same circum-
stances may be acquired by adjacent or abutting property owners.
But where an adjacent property owner purchased his property by
metes and bounds and without reference to any dedicated street he
does not acquire any private righto to any streets. It is only the
loss or curtailment of a private right which will support a
property owner's suit for damages for the closing or obstructing oR
a street. Farmers & Merchants Crmprass & Warehouse Co. V, City of
Dallas 335 SW2d 854, (C iv. App.-Dallas, 1960) ref. n.r.e.; Cobb v.
=of Dallas,_ 408 SW2d 292 (Civ. App.--Dallas 1966) no writ.
David Ellison
November 16, 1982
Page Two
Along with your request in this matter we were provided a copy of a
letter addressed to the Planning and Zoning Coaunission from the
adjacent property owner's attorney. Among other things, the letter
refers to Article 4646a, Vcrnon's Texas Civil Statutes. That state
law provides, in part, that...."no injunction shall be granted to
stay or prevent the vacating, abandoning or closing by the City
Council or governing body of any incorporated city of this State,
of any street or alley ...except at the suit of the owner or lessee
of real property actually abutting on that part of such street or
alley actually vacated, abandoned or closed...."
In Lee v. City of Stratford, 81 SW2d 1003 (Tex., 1935) the Court
held that they "Practical test for determining whether or not
property abuts on a street is to determine whether or not such
property would be subject to assessments for street improvement
purposes and whether or not, under the statutes, there is a method
by which an assessment upon the property could be equitable and
proportionately based." 81 SW2d 1004.
For purposes of Article 4646a, it is my opinion that the property
adjoining Southmont Street where it dead ends on the east is not
abutting property because it could not possibly, under any theory,
be charged with an assessment for any improvements to Southmont
Drive.
In conclusion, assuming that the adjoining property owner did not
purchase in reference to Southmont Drive, he has no private rights
to such street and is not for purposes of obtaining injuctive
relief to prevent vacation of such street, an abutting owner of
such street.
~ tc ~ "('I~ tiVw1
J D, MORRIS
JDy: js
CITY of DENTON, TEXAS MUNICIPAL BUILDING / DEN ION, TEXAS 76201 / TELEPHONE (817) 566-82M
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: Vicki Westling, Deputy City Secretary
DATE: December 2, 1982
SUBJECT: AGENDA ITEM 1I3-A
The attached Is information received from Mr. McCuistion who has requested
that you receive this information as a part of your back-up materials for the
agenda of eember 7, 1982
It
Vick est ing, Deputy City ecretary
REPLY FOR THE CITY COUNCIL
CASE NO. 2-1547
.
The Denton City Council would like to receive your comments on
this case in order that it may make an informed decision on the
zoning petition. If you desire to express an opinion, please
complete this reply form and return it to the following address
by the date of the public hearing:
City Planner
Municipal Building
215 East McKinney Street
Denton, Texas 76201
If 20 percent or more of the area of the lots included in the
proposed change, or those within 200 feet therefrom, return a
reply form in opposition to the proposed change, the City Council
must attain a three-fourths(3/4) vote to approve it. Even though
you may have submitted a reply form for consideration by the
Planning and Zoning Commission, this reply form is needed to
determine if a 3/4 vote of the City Council is required. This
reply form in no way affects your right to attend the public hear-
ing and we encourage all interested parties to attend and comment
if they wish.
If you have questions pertaining to the case, please call the
Planning and Community Development office at 566-8350.
Please use black ink.
( ) I am in favor of this zoning request.
(x) I am opposed to this zoning request.
( ) I am undecided about this zoning request.
My comments are as follows: I am opposed to this zoning
request for the reasons stated in the attached letter.
Signatur
Address
2 a,.s
NFCUISTION & COMPANY
FINANCIAL PLANNING ADVISUNS
WATERWAY TOWER SUITE M
4S3 E. LAS COLINAS SLVO
IRVINO TEXAS 7600E
Itu> Isbasaa
lows A, VLCLIfTIU\ IAIITIFIFUFI%%%CI%LPL00411
November 30, 1982
Denton City Council
City of Denton, Texas
Municipal Building
Denton, Texas 76201
Dear Council Members, Mayor and Mayor Pro Tem:
I am opposed to the change of zoning in regard to case number
2-1547 for the following reasons:
1. To begin with, I purchased the property I presently
own with the intention of developing my own residence
as well as that of two other parties which would be
similar to the Montecito area.
I
The requested zoning change is not in coi;formity
with surrounding land use. The property owners
around this area for the most part have large yards
and/or acreage surrounding their homes and a sub-
stantial number of these homeowners are against this
zoning.
Neither the surrounding area nor the original Southmont
Development contains plans for zero lot line develop-
ment.
2. The closing of Southmont Street will deny access to
my property from that street,which is and was intended
to be a public - not private street. Additionally,
closing this street would create a significant reduc-
tion in the market value of my property since its
present appeal stems largely from the access from
Southmont Street.
The present City of Denton subdivision regulations
require seventy feet of frontage on a public street
before a house can be built. As you can see from the
attached proposed division of my property, no access
would be afforded the west end of my property without
running a street approximately twelve hundred feet
from 'ceasley Lane at a cost of in excess of $125,000.
`ICCUISTION & COMPANY
November 30, 1982
Denton City Council
Page Two
This is not a fair imposition since I could extend
Southmont street into my property the required seventy
feet at a cost of approximately $10,000 versus
$125,000 as previously mentioned.
Since my property will not have more than two or
three houses for the entire sixteen acres, the burden
of extending the street is totally unreasonable when
compared to extending Southmont. Additionally, my
development intentions are in keeping with the surround-
ing land use as well as the present zoning.
3. The reason my property has not been platted previously
is because it was bought in two separate tracts,
neither of which had been legally platted by the
previous owners. The second one fronting Teasley
was not closed until September 17, 1982, thus I have
not had adequate time to prepare a proper plat.
In addition to the above, I refer you to the minutes
of the pre application conference I had with the
Development Review Committee on July 12, in which I
was advised the property should not be platted if
the }property were not to be sold or developed at this
time. Since the proposed zoning change involves a
request to close the street, I am now obliged to plat
the property in order to show the necessity of keeping
the street open to allow me access to the west end of
my property from Southmont street.
4. It has been mentioned in planning and zoning committee
meetinas that not closing the street would allow for
Southmont to eventually be extended to Teasley which
would not be desirable.
This in fact is not the case since I only wish to
extend the street far enough to meet minimum City
requirements in order to be able to obtain a building
permit, i.e., seventy feet. I am prepared to enter
into a binding agreement ..:)t to extend the Southmont
to Teasley or, alternatively, to place a cul de sac
at the end of Southmont which would effectively
terminate the street permanently.
This action would prevent the street from being un-
desireably extended to Teasley and would provide the
Southmont development with only one way in and one
way out which appears to be their desire for security
reasons.
ASCCUISTION & COMPANY
November 30, 1982
Denton city council
Page Three
I have also been prepared to agree to the closing of
Southmont so long as It or any future owner, am
allowed to extend it into my property and am granted
permanent access. This compromise would allow me the
necessary access and allow the developer to have the
private street he desires.
To date, I have received no favorable response to
this compromise from either the Planning and Zoning
Commission or the developer which has forced me to
explore legal remedies for the preservation of the
market value of my property.
This type of action is undesirable for all parties
involved, particularly when reasonable compromises
could be made which would inure to the benefit of
all concerned.
Finally, I request that each of you carefully consider the
desires of the surrounding land and homeowners in closest
proximity to the proposed development. Mention has been made
of the additional tax base to be added with this development,
however, additional mention should be made regarding the
millions of dollars that have already been added by the develop-
ers and residents of Montecito and surrounding areas.
I submit to you that the failure of the council to approve this
zoning request will not prevent the ultimate development of the
area even if it shouTU-prevent this particular development.
I also ask you to consider whether or not this development and
zoning is truly in the best interest of the public in general,
or whether it is more in the interest of a very small group of
private developers and business interests.
Thank you for your consideration.
Sincerely,
MA ~ +
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John W. McCuistion
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MINUTES
Development Review Committee
July 6, 1982
Staff Present: Robbie Baughman, Jerry Clark, David Ellison,
Jack Gentry, Earl Jones, Harvey King, and
Denise Spivey.
Developer Present: John McQuistion
III. Pre-application Conference - John McQuistion
Seater and Sewer
A. Developer can drill water well for own use. Three
families may share the use of the well according
to state lase, but water cannot be sold.
B. If property is within 100' of a sewer line, septic
tanks cannot be used.
C. Developer will need to get permit from City-County
Health Department for septic tank installation.
Lone Star Gas Company
D. Gas is available to the site.
Engineering
E. Driveway permits will need to be secured from the
State Highway Department.
F. Developer will need to provide for 60' of lateral
access for Southmont Street.
Fire
G. If water well is used, only available fire protection
will be in tanks.
planning and Community Development-
The proposal to plat the property showing access for
three lots with frontage along F.M. 2181 is acceptable
as long as each parcel has .t minimum 70' of. width along
a public street.
MINUTES
Development Review Commit,•a
Pre-application Conference•Tohn McQuistion
July e, 1982
Page two
Planning and Community Development (continued}
I, The back portfun of the 11 acre parcel which is
adjacent and east of Southmont Street should not
be platted if the property is not to be developed
or sold at this time. Upon sale or development,
provisions must be made to provide adequate public
access to this tract, inasmuch as, Southmont Street
does not meet the requirement in its present form.
Awl
:6sL
NO.
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTONs
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF
ORDINANCES OF THE CITY OF DENTONs TEXAS, BY ORDINANCE NO. 69.1,
AND AS SAID MAP APPLIES TO PART OF LOT to BLOCK 2 AND ALL OF
LOTS 2-6 BLOCK 2 AND ALL OF LOTS 1-7s BLOCK 3 OF THE SOUTHMONT
SUBDIVISION IN THE CITY OF DE.NTON, TEXAS; AND MORE PARTICULARLY
DESCRIBED HEREIN, AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
• SECTION I.
The Zoning Classification and Use designation of the
following described property, to-wit:
All that certain tract or parcel of land situated in the City
and County of Denton, Texas, being a part of Lot 1, Block 1 and
all of Lots 2-6 Block 1 and all of Lots 1-7, Block 3 of the
Southmont Subdivision in the City of Denton, Texas.
is hereby changed from Single-Family "SF-16" District Classifi-
cation Use to Planned Development "PD" District Classification
and Use under the Comprehensive Zoning Ordinance of the City of
Denton, Taxes. The Zoning Map of the City of Denton, Texas,
adopted the 14th dayy of January, 1969, as an Appendix to the
Code of Ordinances of the City of Denton, Texas, under Ordinance
No. 69-1, be, and the same is hereby amended to show such change
in District Classification and Use, subject to the site plan
attached hereto and the following conditions:
1. The property vill be developed in accordance with
the approved site plan.
2. All subdivisions and resubdivisions shalt conform
to City of Denton subdivision regulations and an
official copy of deed restrictions and covenants
shall be filed with the City and County of Denton,
Texas.
3. The one hundred and tan foot (1101) portion of
Southmont Drive designated for closing on the
official site plan shall be quitclaimed in
accordance with City of Denton procedur%s and other
legal requirements.
4. Fencing must be erected so that it does not
obstruct visibility and is in conformance with City
of Denton codes and ordinances.
S. Failure by the homeowner's association to maintain
areas directly related to the drainage of the
property to the degree as udged adequate by the
City Engineer shall result in the following
procedure:
a. The city shall notify the homeowner's associa-
tion twenty-four (24) hours in advance of city
maintenance crews beginning operations so that
any ha2ards in the designated areas may he
eliminated.
PAGE ONE
I
b. If hazard is not corrected in the twenty-four
(21) hour period, the city crews will vork to
remove the hazard
c. After city crews have completed All the work
needed to remove the hazard, charges will be
assessed to the homeowner's association based on
the following:
1. Equipment: Cost X 1.S
2. Labor: Cost X 1.23
3. Overhead: 151 overhead on entire charge.
d. Developer shall pay any expenses for relocation of
any utilities within this development.
SECTION 11.
That the City Council of the City of Denton, Texas, hereby
finds that such change is in accordance with a comprehensive
plan for the purpose of promoting the general welfare of the
City of Denton Texas, and with reasonable consideration, among
other things for the character of the district and for its
peculiar suitability or particular uses, and with a view to
conserving the value of the buildings, protecting human lives,
and encouraging the most appropriate uses of land for the
maximum benefit to the City of Denton, Texas, and its citizens.
SECTION III.
That this ordinance shall be in full force and effect
immediately after its passage and a proval, the required public
hearings having heretofore been held by the Planning and toning
Commission and the City Council of the City of Denton, Texas,
after giving due notice thereof.
PASSED AND APPROVED this the day of December, 1982.
ATTEST:
VICKI WES'fL14T
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
8Y:
PAGE TWO
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WrYof DEWON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (917) 566.8200
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MEMORANDUM
TO: Mayor and Members of the City Council
FROM: Vicki Westling, Deputy City Secretary
DATE: December 2, 1982
SUBJECT: AGENDA ITEM 03-B
The back-up information for this item was presented to you on Thursday.
ck lest ling
Deputy City Secretary
ill
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO THE CITY COUNCIL
To: Denton City Council
Case No. Z-1544 Date: December 7, 1982
GENERAL INFORMATION
Applicant: George T. Lillard
1316 East McKinney St.
Denton, TX 76201
Status of Applicant: Owner
Requested Action: Change of zoning from general retail
(GR) to commercial (C) classification
Location and Size: 4.796 acres located on the south side
of Highway 330 East approximately 500
feet east of the intersection of
Mayhill Road and Highway 380 East.
Existing Land Use: Flea market and agricultural
Surruunding Land Use: North Agricultural
South - Agricultural
East - Mobile home park
West - Convenience store, bait shop,
service station; general
retail (GR)
SPECIAL INFORMATION
Physical Characteristics: The property is not shown on the City
of Denton zoning map due to its ex-
treme eastern location. The 4.796
acres constitutes only a portion of
an approximately eight (8) acre par-
cel which lies both inside and out-
side of the city limits. The portion
of this tract which is outside the
City is undeveloped and vegetation
consists of grass, trees and weeds.
(Z-1544)
Page 2
SPECIAL INFORMATION CONTINUED
Zoning History: In September, 1976, the Denton City
Council approved a request for a
change of zoning from agricultural
(A) to general retail (GR) classifi-
cation for this property (Z-1281).
Hardy BurkE III represented the land
owner (John Steadman) and the
Community Development Department
recommended approval of the pe-
tition. In its analysis, staff ad-
vised the Planning and Zoning Com is-
sion and City Council that the sub-
ject property was annexed into the
City as part of a 1974 strip annex-
ation along the corridor of Highway
380 East. At that time, a portion of
this site was developed as a service
station, drive-in grocery and bait
shop. After being annexed and zoned
agricultural, the service station was
allowed to continue as a legal non-
conforming use. The records indicate
that general retail (GR) zoning was
sought for this property so that the
non-conforming service station could
legitimately conform to axisting zon-
ing requirements. Staff further re-
ported that it was their feeling that
general retail zoning and land uses
at this site would not damage the
potential of surrounding properties.
All research seems to indicate that
the flea market use was in operation
at the time of annexation also, but
for some unknown reason, no reference
was made to it at the time of the
1976 zoning change.
Parking: No paved parking is provided for the
existing flea market due to its non-
conforming status. Parking in con-
formance with City standards must be
installed for any e,dditional land
uses. If commercial (C) zoning and
commercial outdoor amusement games
are approved at this site, twenty
(20) paved parking spaces, plus one
space for each one hundred (100)
square feet of floor area over one i
thousand (1,000) square feet must be 1
provided.
_i
(2-1544)
Page 3
ANALYSIS
The property in this request is zoned general retail (GR) and
the present land uses include a service station-convenience
store and a flea market. The service station-convenience store
is a land use that is permitted in a general retail (GR) zoning
district; however, a flea market is only permitted in a commer-
cial (C) zoning district or greater. The present owner of the
service station and the flea market has reported that the flea
market has existed in some fashion at its present site, for over
twenty (20) years. Research does seem to substantiate the re-
port that roadside salts ani flea market type activities have
been conducted at this location for many years; this makes the
flea market a legal non-conforming use. The petitioner acquired
the property approximately two years ago and he is seeking com-
merical zoning to both legitimize the flea market in terms of
present zoning requirements, and provide for future expansion
which would reportedly include the addition of outdoor commer-
cial amusement rides and games.
Tha Highway 380 - East of Loop 288 area is an area in which
several unattractive commerical and retail land uses exist.
This area clearly illustrates the negative aspects of strip com-
merical development, and it is i,,-iicative of the prevailing con-
dition of the major entrances into the City of Denton. Current
land use policies discourage additional strip commerical zoning
and development along major thoroughfares and "clean-up" pro-
grams and aggressive code enforcement are suggested ways of
improving existing unattractive strip commercial areas. Commer-
cial (C) zoning and the addition of outdoor amusement games and
rides at this site would probably have very little negative im-
pact on this particular area and surrounding land uses. Addi-
tional strip commerical zoning should be discouraged, but the
existing general retail (GR) zoning and legal non-conforming
flea market will remain regardless of the outcome of the request
for upzoning. The underlying question appears to be whether the
existing flea market use should be legitimized, and consequent-
ly, allowed to expand in the future. Commercial (C) zoning does
permit more unsightly land uses than general retail (GR) zoning,
however, there are not many uses which involve outside storage
and sales of merchandise to a much greater extent than the
existing flea market. It is pussible that the use of the prop-
erty may change in the future if commercial (C) zoning is ap-
proved, but the same possibility exists with general retail (GR)
zoning, and it is difficult to imagine many land uses that are
less appealing in terms of aesthetics, than a flea market.
(11544)
Page 4
ANALYSIS CONTINUED
In its deliberation, the Planning and Zoning Commission
indicated that it was concerned about the appearance of major
entrances into the city and interested in limiting additional
unattractive strip commercial land uses along Denton's major
thoroughfares. The general attitude towards this case appeared
to be that the request for commercial (C) zoning is reasonable
given the present use of property in this area that will
continue with, or without, an approved change in zoning.
RECOMMENDATION
The Planning and Zoning Commission recormended approval of
Z-1544 at its meeting of November 3, 198:, by a vote of 4-1.
ALTERNATIVES
1. Approve petition
2. Deny petition
3. Modify to planned development (PD) and require a site plan.
4. Table for future consideration.
ATTACHMENTS
1. Aerial
2. Property owners list
3. Reply forms total
4. Planning and Zoning Commission minutes of meeting of
November 3, 1982
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PROPERTY OWNER REPLY FORMS
CITY COUNCIL
Z-1544
IN FAVOR IN OPPOSITION UNDECIDED
None Received None Received
Minutes
Planning and Zoning Commission
November 3, 1982
The regular meeting of the Planning and Zoning Commission of the
City of Denton, Texas was held on Wednesday, November 31 1982, at
5:00 p.m., in the Council Chambers of the Municipal Building.
Present: Sill Claiborne, Ruby Cole, R. S. Escue, Jr., Gary Juren,
and Robert LaPorte
Absent: Marilyn Mays and Andy Sidor
Present from Staff: Charles Watkins, Senior Planner;
Steve Panning, Comprehensive Planner; David Ellison,
Development Review Planner; Greg Edwards, City Engineer;
Earl Jones, Capital Construction Project Coordinator;
Cindy Smith and Audrey Bachman, secretaries
Chairman Robert LaPorte called the meeting to order.
I. Minutes
A. Approval of the minutes of the special called meeting
of October 13, 1982.
Mr. Juren moved to approve minutes of the special called
meeting of October 13, 1982. Seconded by Mr. Escue and
unanimously carried.
B. Approval of the minutes of the regular meeting of
October 20, 1982.
Mr. Escue moved to approve the minutes of the regular
meeting of October 200 1982. Seconded by Ms. Cole.
Mr. LaPorte amended the minutes, page 7, to read:
"Mr. Watkins advised that the party would be able to
tie on to utilities at considerable expense to him."
Mr. Claiborne arrived at the meeting.
11, -Public Hearing
tZ•1544. This is the petition of Mr. George T. Lillard
requesting a change of zoning from general retail (GR)
to the commercial (C) classification on a 4.796 acre
parcel located along the south side of Highway 380 East,
beginning approximately 500 feet east of the intersection
of Mayhill Road and Highway 380 East.
Mr. Ellison explained the request stating that 6 notices
were mailed to property owners, no reply forms were received
in favor nor in opposition...
Minutes
Planning and Zoning Commission
November 30 1982
Page 2
Mr. Lillard, petitioner, stated he has owned property two
years, that he has cleaned it up and made it presentable to
public. He said that he has a flea market with some covered
sheds, a service station and store, and he would like to add
an amusement park in conjunction with his flea market.
No one was present in favor or in opposition to request.
Mr. Ellison continued stating that all of Mr. Lillard's
property is not included in the request as some is outside
city limits. He said that the flea market, service station
and convenience store were there prior to annexation, that
an attempt was made to bring uses into compliance when
property was zoned General Retail (GR); however, present
staff feels that flea market is a commercial use due to
outside storage and sales. He said Mr. Lillard came in and
requested permit to have a small amusement park along with
his flea market. He further stated that unattractive uses
exist in the area as in other strip areas along major thor-
oughfares, including a mobile home park which is substandard
according to present regulations. Other uses allowed in
commercial zoning would not be any less desirable. He said
staff feels request i% reasonable and practical and proposed
use will not negatively impact area; therefore, approval of
petition is recommended.
On question, he said that regardless of decision, it is a
legal non conforming use which will remain but will not be
allowed to expand.
On further question about paved parking and ppaved ingress
and egress, Mr. Watkins said that paved parking could be re-
quired for new structures but not for existing. Mr. Ellison
said this was discussed at staff Development Review Commit-
tee meeting and apparently present standards are not clear
as to whether paved access is regwired. He said that Com-
mission could modify to planned development and require a
specific site plan.
Mr. Lillard re-emphasized that he will keep the proporty
clean and nice. Mr. Juren asked if he would be willing to
comply if city required paving. Mr. Lillard said he would
do whatever city ordinances required, that he has a paved
entrance now and is planning to put down some crushed rock
within the next week or ten days.
Chair declared public hearing closed..
Minutes
Planning and Zoning Commission
November 3, 1982
Page 3
Mr. Escue moved to recommend approval of Z-1544. Seconded
by Ms. Cole.
Mr. Juren stated he is concerned about inroads into Denton
and feels there is a need to start controlling what city
looks like. He said that if Commission continues to go
along with this type of development, it is heading in wrong
direction therefore he is opposing the zoningg change. He
further stated that he firmly believes Mr. Li1lard is sin-
cere that he will keep his place clean and maintain a family
oriented atmosphere.
Vote was called: Aye - Claiborne, Cole, Escue, LaForte
Nay - Juren
LNotion carried. (4-1)
III. Considerations
A. Approval of the preliminary plat of the Freeway Park
Addition.
Mr. Ellison explained that property is located along
south side of.Bandera Street between I-35N service road
and Mesa Drive; that zoning is Light Industrial and pro-
posed use is a Waffle House restaurant. He said that
preliminary plat has been reviewed by Development Review
Committee and approval is recommended.
On question, Lee Counselour, representing Waffle House,
said that ingress and egress will be from Bandera at
present time, that future plans are to exit behind store.
Mr. Claiborne moved to approve preliminary plat of
Freeway Park Addition. Seconded by Mr. Escue and
unanimously carried. .(S-0)
B. Approval of the final revised replat of the Denton
Shopping Center Addition.
Mr. Ellison explained that basic intent of replat is to
divide existing lot 3 into three smaller lots. He said
that development of general retail and office area to
front and Wal-Mart to rear is underway, that construc-
tion of Colorado Boulevard is underway, that engineering
department requirements as well as water, sewer and
electrical have been satisfied and Development Review
Committee recommends approval.
2bSL
N0.
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON,
TEXAS AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF
ORDINkiciS OF THE CITY OF DENTON TEXAS, BY ORDINANCE N0. 69-1,
AND AS SAID MAP APPLIES TO APPROh MATELY 4.796 ACRES OF LAND OUT
OF THE MOREAU FORREST SURVEY, DENTON COUNTY, TEXAS; AND MORE
PARTICULARLY DESCRIBED HEREIN; AND DECLARII101 AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
The '-oning Classification and Use designation of the
following described property, to-wit:
Being all that certain lot, tract or parcel of land lying and
being Situated in the County of Denton, State of Texas, being
part of Lot 4 of the subdivision of the Moreau Forrest Survey,
according to the Plat In Volume S0, Page 2360 and being more
particularly described as follows:
BEGINNING at a steel pin in a public road running north and
south, whose width Is 40.S feet at this point, same being the -
southwest corner of Lot 4;
THENCE north 030191SO" east along the west boundary line of
Lot 4, 231.3 feet to a steel pin for corner :n the south
boundary line of United States Highway No. 380, formerly Old
Texas State Highway No. 24;
THENCE north 41018' east 156.9 feet, to a concrete monument
for corner and being at an an le point in the south boundary
line of and 70 feet south of, and at right angles to, the
centerline of the past mentioned highway;
THENCE north 81026' east along the south boundary line of said
United States Highway No. 380, 800.4 feet to a steel pin for the
northeast corner; %
THENCE south 01003140" west along the east boundary, Si0.32
feet to a steel pin and railroad cross-tie fence corner post for
the southeast corner;
THENCE north 87018140" west along fence line, 900.00 feet to
point of beginning and containing 8.42 acres of usable land
tnet) and .11 of an acre in public road, making a total of 8.S3
acres of land (gross) being same property described in warranty
deed dated 8-14-78 by J. L. Madewell to Jerry Riney filed for
record A,IS-78 under Clerk's File No. 23730, Volume 906, Pape
956 of the Dead Records of Denton County, Texas.
SUBJECT TO THE FOLLOWING:
1. Visible and apparent easements on, over or across subject
property, the existence of which do not arpear of record.
2. Any portion of subject property lying or being situated
within the boundaries of any road, street or highway or used
for road purposes.
3. Easement from C. M. Nest and wife Mrs. Mildred West to Texas
Power and Light Company recorded in Volume 3S5, Page 598,
Deed Records, Denton County, texas.
PAGE ONE
Is hereby changed from General Retail "GR" District Classifi-
cation Use to Commercial "C" District Classification and Use
under the Comprehensive Zoning Ordinance of the City of Denton,
Texas. The Zoning Hap of the City of Denton Texas, adopted the
11th day of January, 1969, as an Appendix to the Code of
Ordinances of the City of Denton, Texas, under Ordinance No.
69.1, be, and the same is hereby amended to show such change in
District classification and Use.
SECTION It.
That the City Council of the City of Denton, Texas, hereby
finds that such change is in accordance with a ctmprehensive
plan for the purpose of promoting the general welfare of the
City of Denton, Taxes, and with reasonable consideration, among
other things for the character of the district and for its
peculiar suitability or particular uses, and with a view to
conserving the value of the buildings, protecting human lives,
and encouraging the most appropriate uses of land for the
maximum benefit to the City of Denton, Texas, and its citizens.
SECTION Ill.
That this ordinance shall be in full force and effect
Immediately after its passage and a proval, the required public
hearings having heretofore been held by the Planning and Zoning
Commission and the City Council of the City of Denton, Texas,
after giving due notice thereof.
PASSED AND APPROVED this the day of December, 1992.
'XATUX
,
KLCHXFU V.
ATTEST:
VICKI WEMING
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
PAGE TWO
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO THE CITY COUNCIL
To: Denton City Council
Case No. 7.-1546 Date: December 7, 1982
GENEkAL INFORMATION
Applicant: Jerry L. Gage for Real Estate
Services, Inc.
P. 0. Sox 1397
Denton, Texas 76201
Status of Applic,nt: Financial Interest
Requested Action: Change of zoning from multi-family
(MF-2) to planned development (PD)
classification
Purpose: To permit single family attached
(townhouse) land use on lots typically
16100' in size.
Location and Size: .604 acre located approximately 300
feet north of Eagle Drive between
Central and Welch streets.
Existing Land Use: Vacant
Surrounding Land Use
and Zoning: North - Single family, multi-family,
N.T.S.U.; MF-2
South - Single family, multi-family;
MF-2
East - Single family, church; MF-2
West - Vacant, multi-family, single
family, N.T,S.U.; MF-2
Land Use Intensity Plan: Area is designated as moderate inten-
sity
(Z-1546)
Page 2
APPLICABLE REGULATIONS
Subdividing or platting: This parcel must be subdivided in
accordance with City of Denton subdi-
vision regulations prior to develop-
ment.
Single family attached development is
permitted in a multi-family (MF-2)
zoning district; however, this pro-
posal does not conform to the minimum
2,000 square feet (201x100') lot size
requirement. Planned development (PD)
zoning is being sought because a de-
velopment request of this magnitude is
beyond the scope of the Board of Ad-
justment variance procedure.
Parking: One and one-half (1.50) parking spaces
are required for each one bedroom
unit. One and three-fourths (1.75)
spaces are required for each two bed-
room unit. The proposed planned de-
velopment shows 20 parking spaces for
15 two bedroom units; the proposed
number of spaces are in conformance
with City of Denton standards.
SPECIAL INFORMATION
Public Utilities: Adequate public utilities are avail.
able for extension to this site.
Transportation: This site has immediate access to
Welch Street (collector) and Central.
Two 25' curb cuts are proposed on
Central Street for ingress-egress, and
an additional curb cut is shown on
Welch Street.
(Z-1546)
Page 3
ANALYSIS
The petitioner is seeking planned development (PD) zoning for
single family attached (townhouse) land use. The zonin ordi-
nance requires a minimum lot size of 2,000 square feet ?2O'x
1001) for single family attached development, but it is felt
that these requirements were developed at a time when it was not
anticipated that townhouses with a small amount of yard space
would become a future housing trend. Fifteen two bedroom town-
house units are proposed for development. The average proposed
square footage is 972 square feet (16'x301). Other proposed
features include a six foot wooden fence along the northern and
southern perimeters of the property, and ingre;s-egress from
Welch and Central Streets (one curb cut on Welch and two on
Central).
A representative of N.T.S.U. informed the Planning and Zoning
Commission that the University was in opposition to the request
because of the possibility of future dormitory expansion that
may affect this property. The University representative
emphasized the fact that thers are no official immediate or long
range plans for any expansion that would include this property,
but if expansion does occur, the University would prefer to
negotiate with a single owner as opposed to several townhouse
owners. The Planning and Zoning Commission indicated that
without any definite plans on the part of the University, it
could not justify denying the petition.
This proposal is consistent with surrounding land uses, and with
existing multi-family (MF-2) zoning the developers,could build
standard apartment units. The townhouse development is clearly
more attractive from the standpoint of additional site plan
review and control, and the fact that they are more likely to be
owner occupied,
RECOMMENDATION
The Planning and Zoning Commission recommends approval of Z-1546
by a vote of 6-0 with the following condition;
The property will be developed in accordance with the approved
site plan and all City of Denton development standards (subdivi-
sion regulations, building codes, etc.).
(Z-1546)
Page 4
ALTERNATIVES
1. Approve petition with condition.
2. Approve petition without condition.
3. Deny petition.
4. Table for future consideration.
ATTACHMENTS
1. Aerial
2. Site plan
3. Reply forms total
4. Property owners list
5. Planning and Zoning Commission minutes of meeting of
November 17, 1982
,
.
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PROPERTY OWNER REPLY FORMS
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Z-1545
IN FAVOR IN OPPOSITION UNDECIDED
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Minutes
Planning and Zoning Commission
November 17, 1982
The regular meeting of the Planning and Zoning Commission of the
City of Denton, Texas was held on Wednesday, November 17, 1982, at
5:00 p.m., in the Council Chambers of the Municipal Building.
Present: Bill Claiborne, Ruby Cole, R. B. Escue, Jr., Gary Juren,
Robert LaForte, Marilyn Mays and Andy Sidor
Absent: None
Present from Staff: Jeff Meyer, Director of Planning and
Comml:nity Development; Charles Watkins, Senior Planner;
David Ellison, Development Review Planner; Greg Edwards,
City Engineer,•ahd Audrey Bachman, secretary
Chairman Robert LaForte called the meeting to orddr.
I. Minutes
A. Reconsideration of minutes of regular meeting of
October 20, 1982.
After discussion, amended minutes were amended to delete:
"Mr. Watkins advised that the party would be able to
tie on to utilities at considerable expense to him,"
B. Approval of minutes of the regular meeting of
November 3, 1982.
Mr. Claiborne moved to approve minutes of regular meeting
of November 3, 1982. Seconded by Ms. Cole and unani-
mously carried. (7-0)
II. Public Hearings
A. FZ-1546. This is the petition of Jerry L. Gage repre-
senting Real Estate Services Inc, . requesting a change
of zoning from multi-family NF-2to planned development
(UNAPPROVED) (PD) classification on a parcel approximately .604 acre
in size. This property begins approximately 300 feet
north of Eagle Drive and has approximately 160 feet of
frontage along the east side of Central Street and 100
feet of frontage along the west side of Welch Street.
The Planned Development would permit development of
single family attached (townhouse) land use on lots
typically 161x301.
Commissioner Juren advised he was architect for
petitioner and excused himself from the meeting.
141nutes
Planning and Zoning Commission
November 17, 1982
Page 2
Mr. Ellison explained request stating that current zoning
ordinance requires a minimum area of 2,000 square feet
for a townhouse. He said that the ordinance was devel-
oped when idea was for large houses, that standards are
now changing and similar requests have been approved in
the past. He said that 14 notices were mailed to prop-
erty owners; five reply forms were received in.favor, one
reply form was received in opposition.
Bill Brady, Chairman of Board of Directors of Real Estate
Services, Inc., stated that present zoning is MF-2; their
proposal is to build 15 townhouses, 1,000 square feet
each, primarily for owner-occupancy by students. He said
that area is now mostly retail with some single family
older residences, location is immediately across street
from a high rise; they feel it will improve area and re-
quest approval.
Ray McFarlane, representing NTSU, stated that the univer-
sity is the primary property owner in the vicinity, they
own four structures as well as several undeveloped lots.
The areboproposed for development would be in to ical
chain of progress for future development of dormitories
for campus. Their concern is dealing with 15 property
owners instead of one. On question, he said the univer-
sity has no immediate or long range plans to expand but
they are~not ruling it out,
Mr. Ellison continued staff report stating that area is
designated as moderate intensity by the Development
Guide, that there is no real difference in density be-
tween present zoning and proposed planned development.
He said staff feels it is a reasonable and practical re-
quest and recommends approval subject to development in
accordance with approved site plan.
Mr. Brady stated that since university has no present or
long range plans to expand he thought it unfair to ask
them to delay their project,
Chair declared public hearing closed.
Mr. Sidor commented that since university has no imme-
diate plans to expand he would be in favor.
Mr. LaForte commented that since university at beginning
of fall semester faced a housing shurtage; and, due tc
lack of state funds, it would seem that university would
be happy to have additional housing.
Minutes
Planning and Zoning Commission
November 17, 1982
Page 3
Mr. Sidor moved to recommend approval of Z-1546 subject
to the following condition;
The property will be developed in accordance with the
approved site plan and all City of Denton development
standards (subdivision regulations, building codes, etc.)
LSeconded by Mr. Claiborne and unanimously carried. (6-0)
Mr. Jurenreturned to meeting.
B. Z-1547. This is the petition of Mr. Nolan Browne repre-
sent7ng Southmont Development Corporation Ltd., request-
ing a change of zoning from single family (SF-16) to
planned development (PO) classification on part of lot 1,
block 2; lots 2-61 block 2; and lots 1-7, block 3, of the
Southmont Subdivision. The planned development, if ap-
proved, would permit zero lot line single family detached
development on lots ranging from approximately 6,600 -
8,40U square feet in size. The Southmont Subdivision
begins along the south side of Teasley Lane, adjacent
and west of the Sam Houston Elementary School property.
Mr. Ellison explained request stating that existing
zoning is SF-16, that Planning and Zoning Commission
on November 3 approved a preliminary plat of Southmont
Place with Southmont Drive being closed and possibly
quitclaimed. Proposal is to replat approximately eight
acres into 31 lots and rezone as planned development. He
said that seven notices were mailed to property owners,
two reply forms were receives in favor, none were
received in opposition.
Nolan Browne, representing the parties who are proposing
to develop Southmont Place, stated they plan to build an
area of nice single family detached dwellings, with
strong architectural controls. He said it is not a high
density development as there are less than four houses
per acre; concept is a small area with houses separated
by gardens and patio areas. An approximately 240 foot
square greenbelt area is located in center for tennis
courts, swimming pool and cabana to be professionally
maintained 12 months a year. There will be a perimeter
fence around Southmont Place to be maintained by home-
owner's association; there will be one route in and out
affording a high level of security. He stated that their
proposal will provide a buffer from the 40 acres of SF-10
zoning, which has a )otential of 160 houses; that their
26SL
•
NO.
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON,
TEXAS AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF
ORDININCES EL
APPROilMAT`~ .604 ORDINANCE LAND, 6M
AND AS SAID MAP APPLIES TO ORD
OR LESS BEING LOCATED APPROXIMATELY 300 FEET NORTH OF EAGLE
DRIVE Bil'"EN CENTRAL AND WELCH STREETS IN THE CITY OF DENTON
TEXAS: AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING Aft
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENT(N, TEXAS, HEREBY ORDAINS:
SECTION I.
The Zoning Classification and Use designation of the
following described prorerty, to-wit,
All that certain tracb. or parcel of land situated in the City
and County of Denton, ':axis, being a part of block 20 of College
Addition to the City 0: Denton, Plat of which is recorded in
Volume 44, Page 600 De-id Records, and being the same tract
described In a deed frog Bettie R. flood, at al to Ar.drew
Jonathon Mood on February 28, 1959, recorded in Volume 444, Page
453, Deed Records of Denton County, and being more fully
described as followst
BEGINNING at a steel pin on the west boundary line of said Block
20 on the east right of way of Central Street which is als3 the
west northwest corner of a 0001 acre tract described in a deed
from C. A. Gtnnings and A. L. Ginnings to Joe W. Nichols on
November 100 1967, recorded in Volume S58, Page 6740 Deed
Records of Denton County, Texas;
THENCE north 0041128" east with a fence arid the west boundary
line of said Block 20 on the east right of way of Central Street
a distance of 161,98 feet to a steel pin and tent* corner at a
point south 0141129" west 121.0 feet from the northwest corner
of said Block 20;
THENCE south 99049144" east with said fence a distance of
268.0 feet to a steel pin on the east boundary line of Block 20
and the vast right of way of Welch Street;
THENCE south with said right of way and the east line of Bioct
20 a distnace of 108.0 feet to a steel pin at the northeast
corner of a tract described in a deed from H, C. Graham to J. T.
Jones on August 24, 1960;
''HSNCE north 89046'SS" west a distance of 138.65 feet to a
steel pin;
THENCE south 0035030" vast a distance of 53,0 feet to a steel
pin at a fence on tho north boundary line of said 0.701 acre Joe
Nichols tract;
THENCE south 99026120" west along and near said fence a
distance of 70,80 feet to the place of beginning and containing
in all 0,604 acre of land, more or less.
is hereby charged from Multi-Fail r "ME-211 District Classifi-
cation Use to Planned Development 'PD" District Classification
and Use under the Comprehensive Zoning Ordinance of the City of
PAGE ONE
Denton, Texas. The Zoning Map of the City of Denton, Texas,
adopted the 14th day of January, 1969, as an Appendix tc the
Code of Ordinances of the City of Denton, Texas, under Ordinance
No. 69-1, be, and the same is hereby amended to show such change
in District Classification and Use, subject to the site plan
attached hereto and the following condition:
1. The property will be developed in accordance with the
approved site plan and all City of Denton development
standards (subdivision regulations, building codee, etc.).
SECTION 11.
That the City Council of the City of Denton, Texas, hereby
finds that such change is in accordance with a comprehensive
pt an for the pur ose of romoting the general welfare of the .
City of Denton, Teexas, an with reasonable consideration, among
other things for the character of the district and for its
peculiar suitability or particular uses, and with a view to
conserving the value of the buildings, protecting human lives,
and encouraging the most apropriate uses of land for the
maximum benefit to the City o? Denton, Texas, and its citizens.
SECTION III.
That this ordinance shall be in full force and effect
immediately after its passage and approval, the required public
hearings having heretofore been held by the Planning and Zoning
Commission and the City Council of the City of Denton, Texas,
after giving due notice thereof.
PASSED AND APPROVED this the day of December, 1992.
ATTEST:
VICKI DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS I
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTONs TEXAS
PAGE TWO
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CITY of DENTON, TEXAN MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200
MEMORANDUM
TO. Mayor and Members of the City Council
FROM: Vicki Westling, Deputy City Secretary
DATE: December 2, 1982
SUBJECT: AGENDA ITEM Y4
Dwight Gailey has requested that he be allowed to provide you with any back-up
data at the time of the meeting.
cki V. es ng, Deputy City Secretary
CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE W7) 566.8200
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: Vicki Westling, Deputy City Secretary
DATE: December 2, 1982
SUBJECT: AGENDA ITEM #5
Paul Pruitt has requested that he be allowed to appear again before the
Council. He will submit any back-up data or information at the time of the
Council Meeting.
Y ck est ng, Deputy City Secretary
V
WrYo/DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566-8200
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: Vicki Westiing, Deputy City Secretary
DATE: December 2, 1992
SUBJECT: AGENDA ITEM II6-A
Dr. Stephens has requested that this item be put before the Council for
consideration.
d'C4 .
Vicki West ling, Deputy City Secretary
272L
6 ' 0
R E S O L U T I O N
WHEREAS the Constitution of the State of Texas affirms the
principle t6t "a general diffusion of knowledge is essential to
the preservation of the liberties and rights of the people"
(Article VII, Section 1); and
WHEREAS, the public libraries of the State of Texas
facilitate the greatest diffusion of knowledge, freely, and to
all citizens, regardless of age or economic background; and
WHEREAS, the Texas State Library and Archives Commission has
approved a budget request for the next biennium which would see
State bunds appropriated to support local library services in an
amount equal to SI.SO per capita; and
WHEREAS, an appropriation In this amount would create a
State and local partnership to provide the educational services
of local public libraries, a partnership which Is essential if
adequate service is ever to be realized; and
WHEREAS, an a propriation of $3.50 per capital would be used
by the Denton Public Library to obtain extensive services for
users; and
WHEREAS, the State of Texas, which has appropriated funds
for local public libraries in the current biennium in an amount
equal to $0,32 per capita ranks only 29th among the 44 states
appropriating funds for this purpose; and
WHEREAS, the State of Texas is fortunate to possess the
means necessary to provide for its citizens improved public
library services through increased State funding of local public
libraries; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
That, the City of Denton, Texas pledge its support of level
4 funding for the Statewide Library Development program of the
Texas State Library, and that we further urge the support of all
members of the Texas Legislature to gain passage of this measure.
PASSED AND APPROVED this the day of December, 1982.
CITY OF DENTON, TEkARSAYUK
ATTEST:
VICXI WE L
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORK:
C. J. TAYLOR, JR., CITY ATTORNEY
BY:
6
LIBRARY LEGISLATION FACT SHEET
• When writing your legislator refer to our goal as Level 4 funding for the
Statewide Library Development program of the Texas State Library; this will
be a line item in the Texas State Library's budget.
- After the Legislative Budget aoard has made its recommendationto the legis-
lature in January, 1983, an appropriation bill will be introduced and will
be referred to by a trill number.
- Funding at $1.50 per capita would benefit public libraries in the State
in the amounts of $24,284,112 it 1984 and $25,126,513 in 1985
- The State of Texas currently appropriates funds for public libraries at the
rate of 32t per capita; this was increased from 17t per capita by the last
legislature.
- Texas ranks 29 among 44 states which destgnate funds for public library use.
- The North Texas Library System (the system serving public libraries in
the north Texas area would receive approximately $1,769,819 in both 1984
and 1985 if the $1.50 per capita goal were reached.
• If the goal were reached NTLS' funds would be used to:
- Purchase books, films, videocassette tapes, and other materials which
can be ;hared;
• Provide workshops and consultation services for libra, toffs;
• provide an introduction to the library of on-line reference databases
- provide materials to individual libraries through collection enrichment
program
- Provide mini-grants to individual libraries for production of local
video programming in concert with their local cable company or through
other resources if public access equipment is not available.
- Provide public relations and publicity service to local libraries
through audio and video public service announcements as well as
printed materials and cooperative programs with other organitatiocs.
- Provide creation of a database of system holdings through a retrescective
conversion of local card catalogs to rracnire readable form.
- Provide career related materials to individual libraries
- Provide materials and equipment for basic adult education centers to
individual libraries
- Purchase equipment for use by the visually and hearing imnalred to
be housed in the libraries
1
- Provide for twice weekly delivery of films, video cassettes, and other
materials as part of the intralibrary exchange of materials.
- Purchase microcomputers and software for individual libraries.
- Purchase OCLL memberships for individual libraries
- Provide Magazine/business index service for individual libraries.
Pay for data transmission costs for individual libraries involved
in sharing activities.
I
r ~
ENTITLEMENT OF SERVICES TO NORTH TEXAS
SYSTEM MEMBER LIBRARIES IN 1984 ASSUMING LEVEL
4 FUNDING FOR STATEWIDE LIBRARY DEVELOPMENT
LIBRARY TOTAL LIBRARY TOTAL
ARLINGTON $238,390 JACKSBORO 9,730
AZLE 8,496 KELLER 61190
BED;ORD 30,968 LAKE WORTH 6,544
BOWIE 11,353 LEWISVILLE 52,034
BR:ra PORT 14,666 MANSFIELD 12,036
BURKBURNETT 13,805 MINERAL WELLS 18,759
BURLESON 15,394 NDCONA 318?2
CLEBURNE 25,132 N. RICHLAND HILLS 45.480
COLONY 15,039 OLNEY 5.309
PADUCAH 3,692
DECATUR 16.283 PILOT POINT 4,775
ELECTPA 4,956 QUANAH 81314
EULESS 37,570 RICHLAND HILLS 11,854
FORT WORTH 573,241 RIVER OAKS 10,265
GLEN ROSE 2,651 SAGINAW 81496
GRAHAM 11,854 SEYMOU% 4,775
GRANBURY 23.007 STEPHENVILLE 29,378
GRAPEVINE 17,518 VERNON 21,199
HALTOM CITY 43,184 WEATHERFORD 53,224
HENAIE"A 11,854 WHITE SETTLEMENT 20,176
HURST 46,724 WICHITA FALLS 12,?98
IOWA. PARK 81141 NON-MEMBERS/ADMIN COSTS 33,716
SERVICES PROJECTED TO INCLUDE COLLECTION ENRICHMENT,OCLC SUBSCRIPTIONS,
I TELECOMMUNICATIONS.CONTINUING EDUCATION, PUBLIC RELATIONS AND INFOmAT:ON.
AUTOMATtON,VIOEO CASSETTES, 16flUl FILM SERVICE, VIDEO/CABLE, BOOKS BY NAIL,
BASIC ADULT EDUCATION, SERVICES TO HEARING AND VISUALLY IPPAIRED, CAREER
SERVICES, COURRIEP SERVICES, HGME COMPUTERS 5 SOFTWARE, NAGAIINE 1NOEX,
AND CATABASE SUBSCRIPTIONS. A,MOU'jT OF ENTITLEMENTS OETER.MINEO CN A PE=
POPULATION BASIS.
PUBLIC LIBRARY EXPENDITURES
A recent study Of per capita expenditures for public libraries throughout the
fifty states was published in the Texas State Library Publication Library
Developments. This report showed Texas as 28th in the nation for per capita
support in state aid to public libraries and 39th in per capita local
expenditures. A later update In the pages of the North Texas Library System
newsletter Roundu was able to obtain amounts from some state not included
in the Libraeio vents article. The corrected totals showed Texas
even iower. The Roundup a so corbined the total% from both surveys to obtain
a total per caoita amount for expenditures as revealed in the chart "State Aid
and Local Expenditures" combined". This chart shows Texas as 43rd In the
nation when both sources of funding are combined and almost $2.70 per capita
below the national average. Texas state aid to public libraries is 46.6
less than the national average and 52.09 below that of the hiohest state,
West Virginia. (Hawaii is not included in the totals since they operate undA.r
a unique funding system}. Texas is also over f2.311 below the national average
in local per capita expenditures.
STATE AID AND LOCAL EXPENDITURES COMBINED
STATE CAPITA AMOUNT FY
1. Wyoming $13.49 81 27. New Hampshire 6.25 82
2. Massachusetts 11.6f. 82 28. Nevada 6.14 8,1
3. New York 11.37 82 29. Arizona 6.03 81
4. Ohio 11.04 81 .10. Missouri 5.91 $2
5. Hawaii 10,47 02 31. West Virginia 5.65 1112
6. Maryland 10.30 81 32. South Dakota 5.38
7. Alaska 10.11 00 33, Florida' 5.35 82
8. Wisconsin 10.10 81 34. Montana . 5118 81
9. Connecticut 9.66 82 35. North Dakota 5.16 81
10. Minnesota 9.49 82 36. Louisiana 5.00 81
11. Colorado 9.48 82 37. South Carolina 4.97 82
11. California 9.48 81 38. New Mexico 4.91 82
13. Illinois 9.33 81 39. Oklahoma 4.68 81
14. Washington 9.29 81 40. Idaho 4.66 82
15. New Jersey 9.28 82 41. North Carolina 4.62 81
16. Indiana 8.45 82 42. Georgia 4.59 80
17, Utah 8.40 43. Texas 4.38 61
18. xansas 8.39 ~ 44. Maine 4.30 91
19. Iowa 8.18 45. Mississippi 4.14 82
20. Michigan 7.85 82 46. Alabama 4.11 81
21. Oregon 7.30 81 47. Kentucky 4.01 8:
21. Virginia 7.14 02 48. Tennessee 3.97 81
23. Rhode Island 6.78 82 49. Delaware 3.80 22
24. Nebraska 6.77 21 50. Arkansas 2.94 K
25. Vernont 6.56 81
26. Pennsylvania 6.51 82 Average -57.06
in
STATE AID TO PUBLIC LIBRARIES LOCAL EXPENDITURES PER CAPITA
Total per Total per
Slate Capita Amount FY State Capita Amount FY
1. Hawaii $10.47 82 1. Wyvmtng 513.49 Bt
2. West Virginia 2.40 82 2. Massachusetts 13 39 82
3. Maryland 2.15 81 3. Alaska 994 8J
4. New York 2.11 82 4 Ohio 9.74 81
5. Illinois 1.78 81 S. Connecticut 9.53 B2
8. Georgia 1.43 B0 6. Colorado 944 82
7. Rhode Island 1.36 82 7. Washington 929 at
8. Massachusetts 127 82 8, New York 926 82
9. Pennsylvania 1.09 82 9. California 926 81
10. Wisconsin .97 81 10. Wisconsin 913 at
it. Minnesota .97 82 If. New Jersey 855 82
12. North Dakota .85 at 12 M nnesola 6 52 82
13 Michigan .85 82 13 Utah 840
IC Virginia .82 82 14. Indiana 828 82
15. Arkansas .79 80 15. Iowa 818
16. South Carolina .75 82 16. Maryland 8.15 Bt
17. North Carolina ,74 81 17. Kansas 7.99 82
18. New Jersey ,73 82 18. Illinois 7.55 81
19. Tennessee At 81 19. Oregon 7.10 $11
20. Mississippi .55 82 20. Michigan 700 82
2t. Vermont .50 81 21. Nebraska 663 81
22. Florida .48 82 22. Virginia 632 82
23. Montana .45 81 23. New Hampshire 525 82
24. Kansas •.40 82 24. Vermont 6 C6 81
25. Alabama .40 81 25 Nevada 5.95 82
26. Oklahoma .39 at 264 Arizona 5.92 81
27. Louisiana .38 61 27. Missouri 557 82
28. Kentucky .35 82 28. Rhode Island 5.42 82
29. Texas .31 82 29. Pennsylvania 5.42 82
30. Ohio .31 81 30. South Dakota 538
31. Missouri .30 82 31. Florida 481 82
32. California .22 61 32, New Mexico 4.15 82
33. Oregon .20 at 33. Montana 4 73 at
34. Nevada .19 82 34. Louisiana 462 81
35. Indiana •1T 83 35. Idaho 4 55 82
36. Alaska .77 a0 38. North Dakota 4 31 81
37. New Mexico .16 82 37. Oklahoma 4 29 at
38. Nebrasws .14 $11 38. South Carolina 4 22 82
39. Delaware .13 82 39 Maine 420 81
40 Connecticut .13 92 40. Texas 4 07 e2
41. Idaho .11 82 41. North Carolina 3 es 81
42. Ari20na .11 81 42. Alabama 3.71 81
43 Maine .10 81 43. Oeiaware 367 82
44. Colorado .04 82 44 Kentucky 366 82
4S. Washington .00 at 45. Mississippi 359 82
46 Utah 00 48. Tennessee 336 81
Al South Dakota 00 47. West Virginia 125 82
All New Hampshire .00 82 48 Georgia 3 15 80
49. Iowa 00 49 Arkansas 215' 80
50. Wyoming .00 82 50 Hawaii
Average (excluding Hawa r) • 58 including Federal Average $6,39
' State ssipporied
G•t~
R E S 0 L U T 1 o N
WHEREAS, The Bank Shot Club has heretofore filed an original
application for a private club registration permit and beverage
cartage permit for premises located at 116 Nest University
Drive, Denton, Denton County, Texas; and
WHEREAS, the Asbury United Methodist Church has filed a
protest to the issuance of the above described permits; and
i
WHEREAS, Texas Woman's University and White Stores, Inc.
have filed a protest to the issuance of the above described
permits; and
WHEREAS, the governing body of the City of Denton, Denton
County, Texas, hereby finds and determines that it would not be
in the general welfare, health, peace, morals, and safety of the
people in the Immediate vicinity of the location of the above
described permits, if issued; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DEYTON, TEXAS:
SECTION I.
The City Council of the City of Denton hereby supports the
protc<t heretofore made by the Asbury United Methodist Church,
Texas Woman's University, and White Stores, Inc. with the Texas
Alcoholic Beverage Commission in Docket No. 153013 styled "In
Re: the original applications of The Bank Shot Club".
SECTION It.
A ropy of this resolution shall be forwarded immediately to
the Texas Alcoholic Beverage Commission in Austin, Texas, a copy
to the Asbury United Methodist Church, White Stores, Inc., and
The Bank Shot Club.
PASSED AND APPROVED this day of December, 1992.
1FiL~3AfF63: "7-
CITY OF DENTO~N, ETAAS4bi(
ATTEST;
VICKI WESTLINd
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS rO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
BY:
(-c
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TMAS:
WHEREAS, it is one of tie basic responsibilities of the City
of Denton to protect the life and property of its citizens
through the operations of efficient, reliable and affordable
police and fire departmpntst and
WHEA&M it is increasingly evident from more than
thirty-five (351 years of experience that a major barrier in the
City of Denton's way in providing its citizens with the best
police and fire service possible is an antiquated state law
cocumonly known as 1269m which dictates to cities how officers
and firefighters will be promoted and disciplined without regard
foe local eircuistances) and
WHEREAS, there is documented evidence from all sectors of
the State of Texas that the fifty-five (55) cities which today
are 'under 1269a have seen their police and fire chiefs
transformed from managers into administrators by new limits
lobbied into the law every two years by unions representing the
police officers and firefighterst and
WHEREAS, these increasingly harmful provisions have made
1269m a law which fv•rers wastaful expenditures and inefficient
management at a time when cities see revenue dwindling; and
WHEREAS, after long study and due deliberations, the
fifty-five (55) Texas cities under 1269m are joining in a
concerted effort to amend the law in the upcoming Legislature by
gtvin7 police and fire chiefs the pcwer to manage their
department, but to retain portions of the law which give civil
service employees necessary protections; ;iow, Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF OENroN, TEXAS, THAT:
SECTION I.
The City of Denton, Texas, believes that it is time to
return common sense Into Texas Police and Fire Stations by
PAGE ONE
amending 1269m to allow police and fire chiefs to manage their
departments more effectively through the appointment of
qualified deputies of their choice, use of Improved promotion
system techniques, more reasonable disciplinary rules and other
ralevant changes.
SECTION -11,
That the City of Denton, Texas supports the Texas Municipal
League's 12696 Task Force amendments to 12696 because it does
address issues which will return management back to police and
fire chiefs.
SE'.:TIOR III.
That the City of Denton, Texas, now calls on all Texas
Legislators, especially those representing the citizens of our
city, .to -support the Task Force Legislation which makes the
-necessary-changes-to-1269m.
+ "SECTION IV.
That every citizen of this City, every business and the
Chamber of Commerce, plus other organizations, take a stand in
.favor ot -improvements o -1269m which will return common sense
back to Texas police and fire stations.
PASSED AND APPROVED this the 7th day of December, 1982.
RICHARD T ART, MA
CITY OF DEN'NN, TEXAS
ATTESTS
VICKI WESTLING
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL POR.N+
C. J. TAYLOR, JR., CITY k.TORNEY
CITY OF DENTON, TEXAS
Sys !
G
PAGE. TWO
253E
r
R E S O L U T I O N
WHEREAS, the City Council of the City of Denton has hereto-
fore determined the necessity for disposing of the real property
hereinafter described; and
WHEREAS, after due notice as required by law, competitive
bids were received by the City of Dentonr and
WHEREAS, the highest bid received was for Five Thousand
Eight Hundred Dollars ($5,800.00), from Marvin Wills; and
WHEREAS, the City Council hereby finds and determines that
the reasonable and fair market value of such pr..;perty is Fire
Thousand Eight Hundred Dollars ($5,800.00)=
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TEE
CITY OF DENTON, TEXAS:
SECTION I.
The bid for Five Thousand Eight Hundred Dollars ($5,800.00)
by Marvin Wills is hereby accepted.
SECTION It.
The Mayor is hereby authorized to execute on behalf of the
City of Denton, Texas a quitclaim deed conveying the hereinafter
described property to Marvin Wills, to-wits
All that certain lot, tract or parcel of land lying and being
situated in the City and County of Denton, State of Texas out of
the A.N.S. Tompkins Survey in Denton County, Texas, and being
more particularly described as follows:
BEGINNING at the southwest corner of a tract of land conveyed to
W. H. Barnes and wife, Ruby Barnes by deed dated August 22, 1945
and recorded in volume , Page of the Deed Records of
Denton County, Texas;
THENCE north 72 feet along the east line of McCormick Street to
a point for a corner;
THENCE east 150 feet to a point for a corner;
THENCE south 72 feet to a point for corner in the north line of
Orr-Rid Drive;
THENCE west along the north line of Orr-Rid Drive 150 feet to
the place of beginning,
CONDITIONS: Sale is subject to the condition that all future
improvements shall be applicable to all City of Denton Rules and
Regulations, Specifications and Ordinances.
PAGE ONE
SECTION III.
The City of Canton is hereby authorized to pay its share of
the necessary and reasonable cost of closing as required by the
advertisement for bid.
PASSED AND APPRWED this the day Of , 1982.
t
RICHARD 0. STEWART, MAYOR
CITY OF DENTON
1
ATTESTS
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORMi
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF D£NTONo TEXAA
BY, , v
U
PAGE T140
R E S O L U T I O N
WHEREAS, the City Council of the City of Denton has hereto-
fore determined the necessity for disposing of the real property
hereinafter describedt and
WHEREAS, after due notice as required by law, competitive
bids were received by the City of Denton; and
WHEREAS, the highest bid received was for Five 't'housand one
Hundred Dollars ($5,100.00)e from McMahan Tire a Supply Co.,
Inc./McMahan Oil Co.; and
WHEREAS, the City Council hereby finds and determines that
the reasonable and fair market value of such property is Five
Thousand One Hundred Dollars ($5,100.00)1
flOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS:
SECTION I.
The bid for Five Thousand One Hundred Dollars ($5,100.00) by
McMahan Tire S Supply Co., Inc./McMahan Oil Co. Is hereby
accepted.
SECTION II.
The Mayor is hereby authorized to execute on behalf of the
City of Denton, Texas a quitclaim deed conveying the hereinafter
described property to McMahan Tire t Supply Co., Inc./McNahan
Oil Co., to-wit:
All that certain tract or parcel of 1,%nd situated in the B.B.B.
i C.R.R. Survey, Abstract No. 185, Denton County, Texas, and
being a part of that certain tract deeded by J. A. Carroll to
the .Missouri, Kansas and Texas R.R. Co. on October 9, 1885,
recorded in Volume 28, Page 403, Deed Records of Denton County
and being more fully described as follows:
BECINNINO at the northwest corner of Block 14 of the B.B.B. 6
C.R.R. Survey, Abstract No. 1851
THENCE north 89021119" east 283.55 feet to the east right of
way of 60 foot road, an iron pin, the true point of beginning;
THENCE north 89021'19" east 27.21 feet to a point 50.0 feet
from the center line of the main tract of T 6 P R.R., a 60 penny
nail in the crosstiet
THENCE with a curve to the left whose tangent bearing is south
20054136" west and radius is 1959.86 feet a distance of 325.55
feet to an iron pint
PAGE ONE
THENCE south 89018150" west 121.11 feet to the east right of
way of a 60 foot road, a railroad spike driven In a concrete
slab=
THENCE north 30028' east with said right of way 363.7 feet to
the true point of beginning and containing 0.497 acres of land,
more or less.
CONDITIONS: If and when development occurs on this site, a
minimum twenty-five foot (251) front yard setback is required,
and all City of Denton Rules and Regulations, Specifications and
ordinances shall be applicable.
SECTION III.
The City of Denton is hereby authorized to pay its share of
the necessary and reasonable cost of closing as required by the
advertisement for bid.
PASSED AND APPROVED this the day of , 1981.
RICHARD 0. STEWA4T* MAYOR
CITY OF DENTON
ATTESTS
IM WESTLING
IEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR „ CITY ATTORNEY
CITY OF DENION, TEXAS
BY: _
PAGE 74
CITY OF DENTON
MEMORANDUM
DATE OF MELTING: December 7, 1982
CITY COUNCIL AGENDA ITEM:
Approve conversion of the lease agreement for the IBM
computer equipment to a lease/purchase.
SUMMARY:
The City of Denton Is currently leasing the computer
hardware from International Business Machines. The
current lease agreement would provide a 701 equity in
five years. On payment of the remaining 301, the
City could take ownership of the equipment. During
budget discussions with the City Council, the option
to purchase the equipment was explored. Even though
the purchase agreement at that time would have
lowered the monthly rates in terms of the agreement
extended over five years, we did not want to obligate
ourselves to the current hardware configuration for
that period of time. However, IBM has recently
announced a significant reduction in the cost of
their equipment. The cost reduction for our
equipment would amount to 341. Under these
circumstances, the City can enter into a
lease/purchase agreement and complete the term of the
agreement in fourteen months. This would mean a cost
savings over the current expenditures of $60,000 next
year. The short term of the payments is attractive
because it overcomes the objection of the possibility
of having to change hardware during the payment
period. The staff feels that it is unlikely that the
City will have to upgrade its central processing unit
to a 4341 within the two years,
FISCAL SUMMARY:
The lease/purchase agreement under consideration
would approximate the same level of payments as
budgeted in the Data Processing operating budget this
year. Next year, the Data Processing budget would
accrue a substantial savings of $60,000.
ALTERNATIVES:
The City can continue with the existing lease program,
RECOMMENDATIONS:
The Data Processing Advisory Board recommends
approval of the contract to the City Council.
CITY of DENTON,TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 76201 /TELEPHONE (817) 566.6200
MEMORANDUM
TO: G. Chris Hartung, City Manager
FROM: William H. McNary, Director of Finance
DATE: November 30, 1982
SUBJECT: APPROVAL OF THE LEASH/PURCHASE. OF THE IBM HARDWARE
On the December 7, 1982 agenda is a proposal by IBM to
lease/purchase the existing computer hardware currently on
lease. IBM has indicated a significant decrease in the
purchase price of the equipment.
Our previous objection to the lease/purchase of the hardware
has been overcome. Our concern was the possibility that the
City would be facing the requirement to change hardware before
the payments were completed, But with this fourteen month pay
back, that objection appears to be overcome.
Gary Collins has reviewed this proposal and has had several
discussions with IBM concerning the capacity of,the current
hardware. It was his recommendation that the City approve the
agreement with IBM to purchase the hardware. The Data
Processing Board concurs and has approved this recommendation.
cNar
WHM:mr
MINUTES
CITY OF DENTON DATA PROCESSING ADVISORY BOARD
November 24, 1982
i
The Regular Meeting of the City of Denton Data Processing
Advisory Board was held at 7:00 a.m. on Wednesday, November 24,
1982 at Zachary's Restaurant located on I-35 in Denton.
MEMBERS PRESENT: Gerald Cardwell, Ron McDade, and Dale Maddry
MEMBERS ABSENT: Bill Shanks and Ray Pittman
STAFF PRESENT: Bill McNary, Gary Collins, Bob Nelson and
Bob Fiorini
11 The minutes of the regular meeting of October 28, 1982
were considered. A correction was made to item number
three. It was Ron McDade who seconded the motion rather
than Ron Maddry. With that correction, the minutes were
approved.
2.- The staff discussed with the Board the proposal by IBM to
enter into a lease/purchase for the existing computer
hardware currently on lease. IBM has just announced a 344
decrease in the price of the 4331. Converting the current
lease payment to a lease purchase payment would enable the
City to purchase the hardware in fourteen months. Since
the current 4332 can fulfill the computing requirements of
the City for the next two fiscal years, this fourteen
month payback would allow a savings of $60 000 during next
year. The staff recommended approval of tie lease/
purchase proposal. Ron Mcba;e moved to recommend the
lease/purchase to the City Council. Dale Maddry seconded,
and the motion passed unanimously.
3. Bill McNary began the discussion of the agreement with
LWFW to develop the Work Management System software. He
indicated that the software proposed in this contract
would not conflict with the Accounting packages previously
authorized. This software is intended to be a management
tool for use in field services. Bob Nelson discussed with
the Board the Utility Department's participation with LWFW
in the development and design of the software program.
Bob Nelson outlined the advantages and benefits of the
system to the utility operations. Dale Maddry expressed
Data Processing Advisory Board
November 24, 1982
Page Two
some concern about the cost of the software and the
various cost elements were explained in some detail. Bob
Nelson indicated that the system output would easily
enable the Utility Department to recover the cost of this
project through productivity improvement within one year.
Ron McDade recommended a monitoring of the project by the
staff to insure that the target deadlines were met as
proposed. The Board also recommended a clarification on
LWFW's continuing maintenance of the software. The staff
indicated that the letter of agreement would be changed to
include a provision outlining the res onsibilities of the
vendor for software maintenance. With these considerations
Dale Maddry moved to recommend the contract with LWFW to
the City Council. Ron McDade seconded the motion and it
was approved unanimously.
4. Gary Collins discussed with the Board the tasks involved
in developing a disaster plan for Data Processing. An
outline of the proposed tasks has been submitted to the
Board, and several changes were recommended to the list,
The Board recommended that tasks be included for arranging
a back-up site in addition to-the task of developing an
interim site for the computer room. A back-up site would
allow immediate processing of files until the time an
interim site would be arranged using borrowed equipment.
The Board recommended including the definition of input
procedures for the various contingency plans and also the
definition of the various catastrophe levels within the
plan and the responses to them, such as; fire, tornado, a
theft, an instance when the equipment goes down
immediately prior to payroll processing, etc. No further
action was necessary on this item. '
1ith no further business the meeting was adjourned.
International Business Machines Corporation 27271BJ Freeway
QO_ Box 340921
Dallas, TX 75234
21416246100
November 12, 1982
Mr. Bill McNary
Director of Finance
City of Denton
Denton, TX 76201
Dear Bill,
Due to the decline of interest rates and the recent price decreases on your
data processing equipment, I would like to revisit the subject of the City
of Denton purchasing their computer system.
Consider these facts:
1. Interest rate for city governments from IBM is 10.5%.
2. 34% decrease in 4331 X2 price announced October 20, 1982.
3. Convert to purchase, make the same monthly payment as your lease payment
for 14 months, and the city would own their computer system OP. 4331,
3278, 5424 and 3203).
You have an opportunity to significantly improve the City's cashflow
posture over the next 3 years. Here are the figures:
LEASE PURCHASE
91381 7,610 (P & I, 14 months)
19603 (maintenance, 36 months)
TOTAL: 337,716 1649248
RESULTS: 51% savings if purchased
Bill, I am sure that you'll agree, purchasing the system is 4n the best
interests of the City of Denton. What can we do in order to make the
conversion to purchase? Every lease payment the City makes could be a
purchase payment, so our timely aciton would benefit the City.
Please review the detailed figures attached and let's work towards a
December purchase. r-~
Sincerely,
L,~Gu Lill
Scott Collier
Marketing Representative N by 1 6
2GMG.3162.2
cc: Gary Collins, Director of Data Processing
EFFECTIVE DATE: 12/01/82
INTEREST DATE: 10.5%
TERM: 14 MONTHS
LEASE PURCHASE
NET PRICE PAYMENT PAYMENT tMC* TOTAL
4331 72,275 6,562 59459 + 387 5,846
3278 11898 138 143 + 33 176
5424 7,055 978 532 + 613 1,1045
3203 19,550 1,703 11476 + 570 21046
TOTALS 100,718 99381 796i0 10603 9,213
tMC is maintenance for 7 days, 24 hours a day.
SUMMARY DATA
Lease: $9,381
Purchase: (including MC)
12 month term: $10,407
13 month term: 99764
14 month term: 91213
18 month term: 71624
60 month term: 39749
2GMG.3162.2.1
CERTIFICATE OF AUTHENTICITY
THIS IS TO CERTIFY that the mlcropholographs appeoring on this Fllnr•flle
Slorttay iVirh CITY COUNCIL AGENDA PACKET 12101182 and
EreAlng wllh CITY COUNCIL AGENDA PACKET am
accurato and complefe reproducllons of the records of (Company and Qopt.) CITY OF D` ON -
CITY SECRETARY
as delivered In the regular come of
burlnoss for photographing,
M Is further cortlAod that the rnlcropholographic processes were accompllshs,41 in
a mannor and on Alm which meets with requirements of the Notlorjl rumesu of SfandsnJs
fer po nionent mlcrophologroplric copy,
&aio • Records Compffj~
iloveN) TECHNOLOGY AT(iYORR cwr+o...~►
PLACEr Ere uQ1g)P+rk R»w Sje,te
Nlinglon, Texas 76010