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Home My WebLink About07-1983 1 i THE AMERICAN INSTITUTE OF ARCHITECTS I I i l I ~ i AIA Document A111 Standard Form of Agreement Between f Owner and Contractor I wi,ere the basis of payment is a I STIPULATED SUM f f 1977 EDITION i I THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES- CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1476 Edition of AIA Document A201, Genera! Conditions of the Contract for Construction. i i This document his been approved and endorsed by The Associated General Contractors of America. f AGREEMENT I f made as of the first (Ist) day of July Hundred and Eighty-Three (1983) y in the year of Nineteen BETWEEN the Owner: Denton Independent School District Denton, Texas f I i and the Contractor: R. L. Roberts Construction, Inc. i P.O. Box 375 I 135 Service Road Sanger, Texas 76266 1 The Project: New Street and 'Jtili:y Work for i Denton Independent School District i Denton, Texas fhe Architect: Janes R. Kirkpatrick, Architect Suite 518, First State Bark Building Denton, Texas 76201 JI The Owner and the Contractor agree as set forth below. Copyright 1915,19T8,1925,1937,1951,1958,1961,1%3, 1%7,1974, ® 1977 by the American Institute of Architects, 1735 New York Avenue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its provis;ons ( wdhout permission of the AIA violates ttte copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A101 4 OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • IUNL 1977 • AIA4 01977 • THE A.XIERICAN INSTITUTE OF ARCHITECTS, 1735 NEW FORK AYE., N.W., WASHINGTON, D.C. 20006 A101.11"77 1 I L ! r I I f ` ARTICLE 1 THE CONTRACT DOCUMENTS I t The Contract Dot uments consist of this Agreement, the Conditions of the Contract (General, Supplementary and I other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of IhN Agreement. Th:se form the Contract, and all are as fvlly a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Articlr 7. I l ARTICLE 2 f I THE WORK The Contractor shall perform all the Work required by the Contract Documents for I lone insert the upl;on descr,pcive of the Work as used on other Contract OocumenlsJ I The general construction of New Street and Utility tdork at the New Elementary chool Site for the Denton Independent School District. I I I I 1 I ~ i f I I i ~ 'i ARTICLE 3 TIME Or COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced as set forth in the Notice to Proceed I¢o and, subject to authorized adjustments, Substantial Completion shall be achieved not later than WV Adar days Were inert any special provrligm 6 r flgoidVed dsrvges rrlatfng ro ra0ure to complrre on lime.) for each and every calendar day the work, or any portion thereof, shall remain incomplete after the completion date, as set forth in the Notice to Proceed, Fifty Dollars ($50.00) per day shall be deducted from the money due or to become due to the Contractor as agreed liquidated damages. I I 1 iI I{ I AIA DOCUMENT A101 a OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION 0 JUNE 1977 1 AIM 01977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.%% , WASHINGTON, D. C. 200X, A101-1977 2 s~ r - ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change order as provided in the Contract Documents, the Contract Sum of I Three Hundred Eighteen Thousand Seven Hundred Fifty-Seven and 25/100 Dollars I ($318,757.25) The Contract Sum is determined as follows: !Stale here the base bid or other lump sum ,mount, accepted arternales, and unit prices, as a; pliU bre J I Base Bid $318,757.25 I 1 I I I I I I I ARTICLE S I PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Contract Documents for the period ending the tenth (10th) day of the month as follows: Not later than ten (10) days following the end of the period covered by the Application for Payment ninety percent ( )0 of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work znd ninety Percent ( 90 of the portion of the Contract I Sure properly allocable to materiels and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of thz entire Work, a sum sufficient to increase the total payments to ninety-five percent (95 of the Contract Sum, less such amounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents. fit not covered elsewhere in tho Contract Documents, here insert any provision for limiting or reducing the amount retained alter :he Work reaches a certain stage of completirA l I I I 1 I !i!' I i I I I ~ i y Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. ftierc insert any rare of lrlerest agreed upon.) I None 1 tl ( Usury laws and requiremenu under the federal 7rv4h in rending Act, similar stale and local consumer credit laws and other reeufarions at the owner's i I and Contractor's principal places of b nirass, the _alirn of the rroject and elsewhere may affect the validity of this provision Specific legal advice should be obtained with respect to deletion, modifcatron, or other requirements such as written dBdosures x waivers 1 AIA DOCUMENT A101 I OWNER-CONTRACTOR AGREEMENT a ELEVENTH EDITION a JUN[ 1977 a AIAO 01977 a THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, 0. C. 20006 AIDI-1977 3 I I i ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS F 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitute the entire agreement between the owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (list below the Agreement, the Cond,rions of the Contract (Cencnr, SuppIcrnenrary, and other Condrrions), the Drawings, the Spedhcacons, and an7 Addenda and arcrpted , 1remitts, shoving page nr sheet numbers in all urns ant dazes where appliohlr 1 A. Owner-Contractor Agreement (June 1977 - AIA Document A101) B. Contractor's Bid for Lump Sum Contract (dated 20 June 1983) C. General Conditions of the Contract `or Construction (August 1976-AIA Document A201) D. Supplementary General Conditions E. Performance Bond F. Payment Bond G. Technical Specifications H. Drawing Sheets C-1 thru CIO I, i This Agreement entered into as of the day and year first written above. OWNER. CONTRACTOR DENTON INDEPENDENT SCHOOL DISTRICT R. L. R_OBERTS CONSTRUCTION, INC. P.O. Box 375, 135 Service Road Denton, Texas Sanger, Texas 76266 ~ BY BY AIA DOCUMENT A101 OWNER-CONTRACTOR AGREEMENT Et.EVENTH EDITION • JUNE 1977 AIA9 01977 • THE ANE.RICAN INSTITUTE OF ARCHITECTS, 1733 NEW YORK AVE., NAV„ WASHINGTON, D. C. 20006 A101-1977 4 L il,,e UNITED STATES FIDFLF , GUAR,.ANTY COMPANY ' E (A Stock Cornpny) iF l 1 TEXAS STATUTORY PERFORMANCE BOND 4°! ta, (Penalty of this bond must be 190% of contract amount) STATE OF TEN"' COUNTY OF DLATON BOND NUMBER 1 KNOW ALL MEN BY THESE PRESENTS: • That R; , .I,.., , ROBERTS CONSTRUCTION, INC. i. (hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COM- I .off PANY, a corporation organized under the taws of the State of Ma(yland, and duly author'zed to do business in the State of Texas, (hereinafter called the Surety), as Svrety, are held and firmly bound unto ...........................AF:^IT.QN .INpEP8~1REN.T. SCHOQL. AZSTRLCT..................... j' (hereinafter called the Obligee), in the penal sum ofTHREF..HUNDRED, EIGHTEEN..TRQU.SAND.,. . lY SEA't;N..k1U . 1. - ($318 757..25... for the payment of which sum well and truly to be made we bind ourselves Y= , our heirs, administrators, executors, successors and assigns, jointlyand severally, firmly by these presents. i' WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the ~I € t of for . ' .day of.J.UL.Y ..............19..$3., a copy of which is hereto attached and made a part he coristructiorr of streets and utilities at new elemer:tary school for Denton Independent School District, Dertoo, Texas n l4I i NOW, THEREFORE, THE CONDITION OF TKIS OBLIGATION IS SUCH1 that if the said Principal G shall faithfully perform the work h accordance with the plans, specifications and contract d.xuments, 11 °q then this obligation shall be void; otherwise to remain in full force and effect.I PROVIDED, HOWEVER, that th's bond is executed pursuant to the provisions of Article 51150, Chapter 3'? 4 of Vernon's Revise.: Civil Statutes of Texas as amended by the Acts of the Regular Session of the 56th l Legislature, 1959, and all Iiabiliti:s on this bond shall be determined in accordance with the provisions r ill thereof to the same extent as if it ~%sre copied at length herein. i I I•I IN WITNESS WHEREOF, the sz^ld Principal and Surety have signed and so.aled this instrument this 1 ?.1St.......... dayof.... 19..$ ! R71. hq~eaf) r ........(Seal) UNITED ST S FIDELITY AND GUARANTY COMFANY By ttiLS~al) -~f~ttori .l eyin•fact ~ YI ...'.n ~ ~r 1 G.. ..L~Y!.u::..a. .`ir .r ..L ...1~._..1,: Contract 213 (Telco) (641) I - ' I f CERTIFIED COPY GENERAL POWER OF ATTORNEY 0,.........6847 N . Knots all Men by rheas Presenur That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Marylanl and having iu principal office at the City of Baltimore, in the State of Maryland, does hereby corsUtute and appoint L Minnis Randall of the City of Denton , State of Texas , its true and lawful attorney in and for the State of Texas for the following purposes. to wit: To sign its name as surety to, an(' to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and &Ii acts and tbings set forth in the r•,olution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of wl• Is hereto annexed and made a part of this Prwer of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of DSnetors, hereby ratifies and confirms all and whatsw,, er the said Randall L. Minnis pray hwfully do in the premises by vlnue of these presents. In Witness Whereol, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be scaled with its corporate xaL duly attested by the signatures of its Vice-President and Assistant Secretary, thla 23rd day of April A. D. 1976 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) all Ce0. A. Steuart, Jr. Yice-PiuidenR (S) (Signed) William J. Phelan Assistant Secrewry. STATE OF MARYLAND, ) BALTIMORE CrTY, 1? sa On this 23rd day of April . A. D. 19 7 £ befe -e me personally came Geo. A. Stewart, Jr. Vice-Presldene of the UNITED STATES FIDELITY AND GUARANTY COMPANY &r J tr i l l i am J. Phelan , Assistant Secretary of said Company, with both of whom I am F:rsonally acqua:nted, who being by me severally dolt' .wore, said that they resided in the Cty of Baltimore, Maryland; that tLey,thrssldGeo. A. Stewart, Jr. and William J. Phelan werereapectively the Vice.Pre ddent and the Ase4tant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor- poration des xibed in and which erecuted the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed m said Fewer of Attorney was such corporate seat that it was so fixed by order of the Board of D'uetters of said corpora. tion, and est they signed their names% thereto by like order as Vice-President and Assistant Secretary, respectively, of the Company. My a mmiasion exyires the first day in Inly, A. D. 19... (SUL) (Signed) erbert„Jr„Ault,,,,,,,,,,,,,,,,,,,,, Notary Public. STATE OF MARYLAND BALTIKI ME CITY, ,r I, Robert H. Ho- se Clerk of the Superior Conn of Baltimore City, which Court is a Coact of Re mrd, and has a saL do hereby certify that Herbert J. Au l l , Esquire, Wore whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so Bring a Notary Public of the Suta of Marylen.L in ar,i for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that I ara acquainted with the handwriting of the said Notary, and verily believe the signature to be hU genuine slinatum In Tessirnon ~ph~reo/, t hereto act any hand and Zx the seal of the Superior Court of Baltimore Cit , the same being a Court of Record, this 3rd day of April , A. D. 19 7 (SEAL) (Signed) Robert H. House Clerk of Lke Superior Court of Baltimore City. Fa 3 (647) COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of Easiness that this Company rppoiut agents and attorneys with power and authority to act for it and in its name in Stares other than Maryland, and in the Territories of the United States and in the Provinces of the Dominion of Canada and in the Colony of Newfoundland. Therefore, be it Resofred, that this Company do, and it hereby does, authorize and empower its President or either of its Vice. Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or stioracys-in-Uct, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all eon- tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceediaga, or by law allowed, and Also, in its name rnd as its attorney or attorneys•ia•fact, cr agent o- agents to execute and guarantee the conditiots of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law. municipal or otherwise, or by any St-tute of the United States or of any State or Territory of the United _%tea or of the Provinces of the Dominion of Canada or of the Cohn) of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or oScer, kcat, municipal or otherwise, he allowed, required or permitted to be executed, raade, taken, given, leadered, accepted, filed or recorded for the security or protection of. by or for any person or perwns, corporation, bod7, office, interest, municipality or other association or orgy zization whatsoever, in any and all capacities whatsover, conditioned for the doing or net doing of anything or any conditions which may be provided for in any much bond, recognizance, obligation, stipulation, or undertaking, or anything In :he nature of either of tha same. 1, Theodore G. Parks as Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney givtt by said Company to Randall L. Minnis of Denton a Texas , aut~orixing and empowering him to sign bonds as therein set forth, which p,)wer of attorney has never been revoked and is Gill in full force and effect. And I Lo further certify that said Power of Attorney w a given in pursuance of a resolution adopted at a regular meeting of the Board of Di:ectors of said Conpany, duly called and held at be office of the Company in the City of Baltimore, on the 11th day of July, 1910. at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in tho minutes of said meeting. In Ttatinr Whereol, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on 11 3 O (Date) ~~✓w K.✓ ~ / f Atsittant Secretary. ~ J' ' BID 111H LIIMP SLIM CONTRACI' Proposal of R_T,f Rohext- _COIIstruc~tion,_Zn_c_. Sanger, Texas (Hereinafter called "Bidder"), *a curporaLiun, organized and existing under the laws of the Statu of Texas, *a par[nur-,hip or *an individual doing business as: T0: DENTON INDEPENDENT S M001. D1STRiO' DENTON, TEXAS 7610' Gentlemen: The undersigned, in compliance with your invitation for bids for construction of New Street and Utility Work at the New Elementary School Site, for the Denton Independent School District, Menton, Texas, having examined the drawings and specifications with related documents and being familiar with all of the condi- tions surrounding the construction of the proposed work, hereby proposes to furnish all labor, material, equipment. and supplies and to construct the work in accordance with the Contract Documents, within the time set forth he,ain, and at the pricct! et forth below. These i are to cover all expenses incurred in performing the work required under ntract Documents of which this proposal is a part. ADDENDA The Bidder further agrees, and acknowledges, the following Adienda have been received and that the entire contents thereof have been incotporated into this Proposal: No. dated No. dated _ No. dated _T No. dated BASE BIP Bidder agrees to perform all of the work described in the specifications and shown on the drawings for the sum of Pe hundred Pighteen thousand seven hundreel f i ftv _,zp ten JnI I arS._.&_tWP $'l l S 71;7.29 )-*k Bidder understands that the Owner reserves the rig fit to reject any and all bids and to waive any informalities in the bidding. ALTERNATE BID ITEM NO. I Bidder agrees to perform all of the wo ,de cribed in the specifications and shown on the drawings for the sum of Vnne thn„cand nine hundrAd filye Anllarc t 9()rJRTV_niin 11 0905,49 PROPOSAL FORM - 1 TlrL` FOR C04'LETIGN OF LIQUIDAT'IiD Il1AlAl;l:ti Base Hid The taidersigned agrees to Completo the work ready for the Owner's acceptance within 120 working days after notice to proceed with the work is given by the Owner, fully realizing that the contract will carry liquidated damages provisions in the amount of Fifty Dollars ($50.00) per day. Aiternate Bid Item No. 1 The undersigi.ed agrees to complete the work ready for the Owner's acceptance within (add) 30 working days after notice to proceed with the work is given by the Owner, fully realizing that the contract will carry liquidated damages provision in the amount of Fifty Dollars ($50.00) per day. LVIT PRICES: It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be consider d necessary, in the opinion of the Architect, to complete the work fully as planned and con- templated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below. It is furthFr agreed that lump sum prices may be increased to cover additional work orderedrby the Architect, but not shown on the plans or required by the specifications. Similarly, they may be decreased to cover deletion of work so ordered. All unit prices shall be met and shall include all charges for overhead, profit, labor, materials, bailing, shoring, removal, taxes, insurance, and all other charges of every nature. Unit prices listed below, unless otherwise defined, shall be for materials and work of the same tjpe and quality as specified in the various applicable sections of the specifications: lJNIT PRICES: For changing quantities of work items from those indicated by the contract drawings, upo; written instructions from the Architect, and for estab- V shing the basis for pro-rata payments to be made by Denton Independent School District and the City of Denton, the following unit prices shall prevail: LNIT PRICES 1. Lime Stabilized B.-se S 2.40 per sq.yd. 2. Asphalt Paving ~ 9.95 per sq.yd. 3. Curb b Cutter $ 6,25 _ per lin. ft. 4. 24" Storm Drain (in place) $24.50 per lin.ft. 5. 48" Storm Drain (in place) $41.50 per lin.ft. b. b" Water Main (in place) $ 9.25 per lin.ft. 7. 10" Sanitary Sewer (in place) 510.50 per lin.ft. 8. Double Bcx Culvert x'_14.26 per lin.ft. 9. 3utfall Channel Excavation S 2.25 _ per cu.yd. 10. P eparing of Right-of-Way $3!000^00 _ lump sum 11. Unclassified Roadway Excavation S 2_25 per cu.yd. 12. Structural Excavation S 2 - 79; per cu.yd. 13. Compacted Fill S 3.50 per cu.yd. PROPOSAL FORM - 2 14. Hydrated Lime $ 85.00___ per ton 15. Concrete Pavement $ 1.75 _ per sq.yd. 16. Concrete for Structures 150, 0 i p'r cu.yd. (in place) 17. Reinforcing Steel $ .50 per pound (in place) 18. Pipe-Arch Culvert 50.00 per ft. 19. Manholes 950.0 lump sum 20. Jcfiction Box $1,566.00 lump sum 21. Inlets $1,500.00eachlump sum 22. Headwall 1 740.OOeachlump sum 23. Concrete Driveway $ 24.75 per sq.yd. (in place) 24. Barricades $1;500.00 lump sum SUBCONTRACTOR The undersigned proposes to use the following listed subcontractor on this project: 1. Plumbing: PERFORMANCE AND PAYMENT BONDS T It is understood that bonds covering the faithful performance of the contract and payment of all obligations arising thereunder, each in the amount of 100% of the contract amount, will be required by the Owner. Premiums, for perform- ance and payment bonds are included in the proposal amounts quoted. BID GUARANTEE Accompanying this Proposal is a bid bond or Cashier's Check made payable to the Owner for 5% of the coal amount of the Base Proposal submitted herein. The bid bond will be returned to the Bidder, except that in the event of the owner's acceptance of this Proposal within 30 'days of the date hereof, the Bidder fails or refuses to execute and deliver the contract and required bonds with'_n 10 days after he has received notice of acceptance of his bid. In this event Lhe bond will become the property of the Owner because of failure of the Bidder to comply with specified requirements. STATE SALES TAX It is understood that this project is exempt from the State sales tax and the proposal amounts quoted herein do NOT include State of Texas Sales Tax. The bidder agrees that, if awarded a contract, he will segregate labor and material amounts in such a manner that 2 lax Exemption on materials may be legally obtained for the Owner's benefit. The undersigned Bidder further agrees to the following conditions: 1. An incomplete Proposal or one having additional information or other modifications inscribed thereon, may be cause for rejection of the entire Proposal. PROPOSAL FORM - 3 , 2. That, if accepted uy the Owner, this Proposal becomes a part of the contract documents upon the signing of the contract agreement, and failing to comply with any part of this Proposal will be taken as failure of the Sadder to comply with the contract documents and will be just cause for rejection of the work. 3. That the Owner reserves the right to reject any or all bids and waive informalities and irregularities or to accept any bid con- sidered advantageous to him. 4. That he, the Bidder, will not withdraw this Proposal for a period ' of thirty (30) days from the date hereof. Respectfully submitted, (Seal if bid by a corporation) R.L. Roberts Co5trlction Inc. Bidder P.O. Box 3 tI T xas 76266 .T Add s Authorized Off cer President Title June 0,, 1983 Date PROPOSAL FORM - 4 2. That, if accepted by the Owner, this Proposal becomes a part of the contract documents upon the signing of the contract agreement, and failing to comply with any part of this Proposal will be taken as failure of the bidder to comply with the contract documents and will be just cause for rejection of the work. 3. That the Owner reserves the right to reject any or all bids and waive informalities and irregularities or to accept any bid con- sidered advantageoc., to him. 4. That be, the Bidder, will not withdraw this Proposal for a period of thirty (30) days from the date hereof. Respectfully submitted, (Seal if bid by a corporation) g Roberts Construction. Inc. Bidder P.O. Box 375 Sanaer. Texas 76266 T Add s Authorized Officer President Title JurLe 20 9 R I Date PROPOSAL FORM - '4 IZs .,.i1PERMIT NO. 10027-03 + (Corresponds to NPDES PERMIT NO. TX 0047160 ) • This is a renewal of Permit No. 10027-03 TEXAS WATER COMMISSION approved June 2, 1977. Stephen F. Austin State Office Build'.ng Austin, Texas PERMIT TO DISPOSE OF WASTES under provisions of Chapter 26 of the Texas Water Code City of Denton JUL 1 8 1983 I whose mailing address is i 215 E. McKinney Street Denton, Texas 76201 is authorized to dispose of wastes from Pecan Creek Sewage Treatment Plant located east of the City of Denton along Pecan Creek, approximately 5700 feet east of State Highway 288 and approximately 2 miles upstream from Lake Lewisville in Denton County, Texas to Pecan Creek; thence to Lake Lewisville in Segment No. 0823 of tht, Trinity River Basin in accordance with effluent limitations, monitoring requirements and other conditions set forth herein. This permit is granted subject to the rules of the Department, the laws of the State of Texas, and other orders of the Commission. The issuance of this permit does not grant to the permittee the right to use private or public property for conveyance of wastewater along the herein described discharge: route. This includes property belonging to but not limited to any individual, partnership, corporation or public entity. Neither does this permit authorize any invasion of personal rights nor any violation of federal, state, or local laws or regulations. It is the responsibility of the permittee to acquire property rights as may be necessary to use the herein described discharge route. Th?s permit and the authorization i:ontained herein shall expire at midnight, fiv,i years after the date of Commission approval. .4FPAOVF.D, ISSUED AND EFFECTIVE th?5 5th day of July 19 83. ATTEr .:&4t-e' 41X Fo the Commies on TDWR- (Rev. 1-7-83) Page 1 cf Special Conditions 1. Effluent Limitations a. Interim Effluent Limitations During the period beginning date of issuance and lasting through cum' oletion of tertiary filters the permittee is authorized to discharge subject to the following effluent limitations: The arithmetic average of the daily flows of _ffluent discharged from the wastewater treatment facility for any month shall not exceed 8.5 million gallons per day (mgd). Nor shall `:he maximum discharge on any given day exceed 13.0 mgd. Effluent Concentrations Effluent Loading Unit of 30-day 7-clay 30-day Measurement Average Average Average Biochemical Oxygen BOD5- 325 kg/day Demand (5-day).... mg/1 10 15 BOD5'' 710 lbs/day suspended solids.. mg/l 15 25 TSS... 485 kg/day TSS... 1065 lbs/day The effluent shall contain a chlorine residual of at least 1.0 mg/l after a detention time of at least: 20 minutes (based on peak flow). b. Final Effluent Limitations During the period beginning upon completion of tertiary filters and lasting through date of expiration, the permittee is authorized to discharge subject to the following effluent limitations: The arithmetic average of the daily flows of effluent discharged from the wastewater treatment facility for any month shall not exceed 12.0 million gallons per day (mgd). Nor shall the maximum discharge on any given day exceed 18.0 mgd. 7DWH 0081[Rrv. 10-5771 Pogo 2 of 19 amity of uenton 10027-03 Effluent Concentrations Effluent Loading Unit of 30-day 7-day 30-day Measurement Average Average Average Biochemical Gxygen BOD5- 454 kg/day Demand (5-day).... mg/l 10 15 BODS.. 1000 lbs/day Suspended Solids.. mg/l 15 25 TSS.. 682 kg/day TSS... 1500 lbs/day The effluent shall contain a chlorine residual of at least 1.0 mg/1 after a detention time of at least 20 minutes (based on peak flow). C. The following definitions apply: (1) The 30-day average, other than for fecal coliform bacteria, is the arithmetic mean of the values for all effluent samples collected in a period of 30 consecutive days. The 30-day average for fecal coli- forn bacteria is the geometric mean of the values for all effluent samples collected i1, a period of 30 consecutive days. (2) The 7-day average, other than for fecal coliform bacteria ir; 'he arithmetic mean of the values for all effluent samples collected in a period of 7 consecutive days. Tne 7-day average for fecal coliform '.>acteria is the geometric mean of the values for all effluent samples collected in a period of 7 consecutive days. (3) A 24-hour composite sample consists of several effluent portions collected over equally spaced intervals in a 24-hour period and composited according to flow. For fecal coliform bacteria, a sample consists of one effluent grab portion collected during a 21-hour period at peak loads. d. The pH of the effluent shall not be less than 6.0 nor greater than 9.0 at any time. The pH limitation is not subject to averaging. e. An equivalent method of disinfection may be substituted with the prior approval of the permitting authority. TDWR 00811Rrv. 1 a 5771 Papa 3 of 19 f. The permittee shall not discharge floating solids nor shall the discharge of the effluent result in the existence of persistent foam beycnd the immediate vicinity of the outfall(s). *2. Monitoring, Recording and Report ee Footnote for Applicable State Requirements) . s IL a. Monitoring - TjAg it ee Nale tive 0 Wor the 01 operation and efficiency of a ontrol facilities and the quantity and d dis charge. ti b. dUlluent analysis shall be collected immediat 'rc".lowing the last treatment unit, unless special locations are specified under Collecting of Samples below. *This section does not apply to permits issued by the Texas Water Commission. Until notified by the Executive Director, Texas Depart- ment of Water Resourccs or the Commission to do otherwise, the permittee shall comply with the reporting requirements of Rules 156.19.05.001-.010, Rules of the Department. r 'I I I TOWN 0081(f1av. 10-5 77) Page 4 0 19 4%k (2) Monitoring shall be in accordance with Schedul follows: Total Settleoft Flow BOOS Suspended S i Ch rine pH Fecal m /1 Soiids,m /1 1 . al Coliform The daily flow r;e One per 0 er a ery One One measured by a per day ty of per per totalizing meter day he week da da C inn o es The laboratory test exceptirl orine residual test and the fecal coliform test shall be mad r. composite samples collected in at least 12 individual po If any sample analysis required by the foregoing monitorinN s a ule exceeds the effluent limitations specified in Special ion No. 1, the permittee shall report the excursion to the Administrator within three days. The Regional K,g Administrator is discretion require additional sampling, reporting or m g incl uding b{it not limited to the taking of at least one twent RRri hour composite sample and/or increased frequency of sampling. Any 30-day or 7-day average reported in the required monitoring report, which is in excess of the efflu2n limitation specified in Special Condition No. 1, shall consti evidence of violation of such effluent limitation and of th' a it. (3) Monitoring information requirt permit shall be summarized monthly and recorn.Dischar itoring Report form EPA 3320-1. ~o b. Reporting - Ti~ee to aake and maintain records of all information resurj:31141qA 'from4 nitorirg activities required by this permit. rlrmrt/ail record for each measurement or sample taken pursuant ~eto cements of this permit the follo.ving infor- (1) ogi mation: (a) the *act place and time of sampling; (b) the dates analyses were p {c} who p erformed the analyses; (d) the analytical eV methods used; and (e) the results of all required Y51s, (f) the instantaneous flow at grab sample collec- tions. , ~'']2) If the permittee monitors any parameters more frequently ` tha" required by this permit, he shall include the results of such j monijjjforing in the calculation and reporting of the values required i in the Discharge Monitoring Report form (EPA Forn 3320-1 (10-72). Such increased frequency shall be indicated on the Discharge Monitor- ing Report form. TUWR 00811Rav. 10 5-771 Page 5 of 19 (3) The permittee shall retain for a minimum of three years all records af monitoring activities and results including all records of calibration and maintenance of instrumentation and original recording charts from continuous monitoring instrumentation. This period of retention shall be extended during the ourse of any unresolved litigation regarding the discharge of po nts by the permittee or when requested by the State water 1 n control agency or the Regional Administrator. c. Report of Monitotlag In ♦on - :fonTtoring information required shall be submitted on c rg toring Report forms EPA 3320-1. Each quarterly al e+ ext paragraph) shall include separate forms for mo tE he reporting period. ♦ (1) Duplic % 'gi charge Monitoring Report forms, for each ~.onth of the rt iod, properly completed and signed (as per paragraph Nfj&ow), must be submitted quarterly to: (a) Ex,ftlr e Director s Department of Water Resources 0. Box 13087 Capitol Station ~*(4u'.3tin,, Texas 78711 W(n~ Environmental Protection Agency First International Bldg., 1201 Elm Street Dallas, Texas 75270 i (c) Each submitted Disc nitoring Report shall be signed as follows: I if 'tted b6r corporation, State or Federal agency, or oTh CO pi ity, by a principal executive officer. ranking el e/Bff' commanding officer, or other employee duly aut"L Ad 6LI cipal executive officer. 2 /Qbmitted by a corporation, by a principal executive of-A` r east the level of Vice President, or his duly authoriz% nta.tive, if such representative is responsible for the overall tion of the facility from which the discharge described in ischarge Monitoring Report originates; ~~01 3 if submitted by a partnership, by a gene tn er; ; 4 If submitted by a sole proprietor, by the proprietor. 7DW9 MI(Rov. 10-517) P820 6 of 19 (2) The first Discharge Monitoring Report shall be submitted within 75 days after the effective date of this permit. Thereafter reporting periods shall end on the last day of the months March, June, September and December, unless requested by the Regional Administrator to be submitted more frequently. The permittee shall submit a Discharge Monitoring Report po tmarked no later tY,an tha twenty-eighth day of the month fol 6 g each completed reporting period. (3) The minimum and maxim C41 , for on EPA for-.n 3320-1 shall be the lowest and higlie6f aiV determined during the month. (4) Other measurem ~i5Zl8f demand (e.g., TOC and COD) may be substituted fo<giQ~e-d H Ocrhemical Oxygen Demand (BODO where the permi ~+an +61 rate long-t~tm correlation of the method with BOD5 reails of correlation procedures i DE employed must be submitted approval granted by the permitting authority for tI rocedure to be acceptable. Data reported must also incl ~e idence to show that the proper correction continues Ast after approval. a (5) GU' 1 es establishing test procedures for the analysis of poi ts, pursuant to section 304 (g) of the Federal Water Pollution ontrol Act, as amended, were promulgated on October 3, 1973 and published in the Federal Register under Title 40 Part 136, on October 16, 1973. All s mpling and analytical methods used to meet the monitoring requirem s specified above shall conform to these guidelines. Tf th 40 Part 136 guide- lines do not specify that procedures for llutants required to be monitored by this permit sampling n nalytical methods used to meet the monitoring reg4~trnts sp fied in this permit shall, unless otherwise specift ate water pollution control agency or Regional ra$,,I, nform to the latest edition of the following refe e t to ethods for the Examination of Water and Wastewate i Cj.. Akk~ublic Health Association, New York, New York 10019. A.S.T.M. Standards, Part 23, Water; Atmospheric Analysis n Society for Testing and Materials, Philadelphia, Pennsy1 to 1013. 1 (c) Methods for Chemical Analysis of Water and Wastes f Envir e/ntal Protection Agency Water Quality Office, Analytical Quality Control Laboratory, NERC, Cincinneti, Ohio 45268. TM%R-0081(Rev. 105 771 po"7of 19 (6) The permittee shall calibrate and perform maintenance procedures on all monitoring and an tal instrumentation t intervals frequent enough t e c>y of measu a and shall insure that both i. maint anc shall be conducted. sVrtlD,, 15 ()1* ji 'W (7) Failur i ~ Ort or information required by this pe r it 1 In e a violation of this condition and a violat o n 308(a) of the Federal Water Pollution Control Act of 1 . 3. Noncompliance with Effluent Limitation a. If for any reason the permittee is responsible for or contributes to an unpermitted discharge, or the permittee does not comply with or will be unable to comply with any effluent limita- tion specified in this permit, the permittee shall provide the State water quality agency and the Regional Administrator with the following information in writing within five days of becoming aware of such condition: (1) A description of the noncomplying discharge including its impact upon the receiving waters; (2) Cause of noncompliance; (3) Anticipated time the condition of noncompliance is expected to continue, or if such condition has been corrected, the duration of the period of noncompliance; (4) Steps taken by the permittee to reduce and eliminate the noncomplying discharge; and (5) Steps to be taken by the permittee to prevent recurrence of the condition of noncompliance. b. Permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitation specified in this permit. C. Nothing in this permit shall be construed to preclude the institution of any legal action nor relieve the permittee from any responsibilities, liabilities or penalties established pursuant to any appl?cable State Law or regulation under authority preserved by Section 510 of the Act. ~I TO1NF 00811 Flcv. 105-777 Pago 8 of 19 it 4. Compliance schedule and Conditions a. Facility Operation and Quality Control Compliance Program (1) All waste collection, control, treatment and disposal facilities shall be operated in a manner consistent with the following; (a) At all times, all facilities shall be operated as efficiently as possible and in a manner which will minimize upsets and discharges of excessive pollutants. (b) The permttee shall provide an adequate operating staff whicr. is duly qualified to carry out the operation, maintenance and testing functions required to insure compliance with the condi- tions of this permit. (c) Maintenance of treatment facilities that results in degradation of effluent quality shall he pursuant to a schedule as approved by the Executive Director. No deliberate degradation of effluent quality is authorized under any circumstances without prior written approval of the Executive Director. *(2) The permittee shall submit the f lowing information 90 days from the date of permit issuance to z~strate rlthe adequacy of present treatment practices; 19 (a) A schematic drawing 21 waste treatment units showing flow pattern; flow ( i7Tum and rage) and load capacities of each unit; bypass arran es kws may exist) and point of dis- charge. (b) A 1 3o r drawing showing the latitude- longitude of each d. .h ge i Ide:ltify the receiving streams and the path of f 14k w_ ro o streams to a major waterway. (c) analysis which describes the capability of the existing tre facilities to produce an effluent which will meet condi*i this permit throughout the term of the permit. This analysis m t entify the effluent quality that could reasonably be expected f fisting facilities with present loading and pro- jected futu dings at one-year increments. This analysis must also ideas ny improvements needed in staffing, operation, mainte- nance or ment replacement to achieve and maintain compliance, the point time when the improvements are needed. *Subparagraphs (2), (a), (b) and (c) are conditions placed in NPDES permits and are not applicable to this permit issued by the Texas Water Commission. information requested by these subparagraphs are obtained by othr.r means. 70NWF 0081 (Rev. 105 77) Pepe 9 of 19 (3) In order to meet the final effluent limitations set forth in Special Condition l.b, the permitteeeshall comply with the following schedule: (a) Not later th n 120 day wing issuance of this permit, the permittee sha ubmit a ress report to the Re- gional Administrator. r+P'epo shall include test results of data collected dur' ~ d~ •od prior to submittal of the report. These ul h71 represent at least one 24-hour PV %P composite sa 1 de ( tree portions collected no closer together t y1 hou h the first sample collected no earlier than 10:00 avqm. o up as described in Special Condition 2.a.(2), which '0' 'more stringent. of# Tdt later than 180 days following issuance of this permit ermittee shall have completed an operation and main- ten gram which provides for maximum efficiency of exi:t- i ilities. The permittee shall at this time submit a report tote Regional Administrator demonstrating the improvements to effluent quality and shall include test results of data col- lected during a 30•-day period prior to submittal of this report. These test results shall represent at least one 24 hour composite sample per week during the 30-day period. Composite samples shall be made up of at least three portions co lected no closer together than one hour, with the first samp llected no earlier than 10:00 a.m. or made up as end in Special Condition 2.a.(2) above, wh'chever is gent. (c) if the i v op do tenance results in compliance with t limitations stated in l.b above, those lim' w' e effective and the remainder of this compl' n; ed ~l not apply. However, should constructions qu' e►►comply with the final effluent limi- tations in 1, abo E~ following schedule shall apply, pro- vided that, ;ho permittee apply for and receive Federal grant assist er Title 2 of the Act for facilities con- struction may be conditional on a more stringent schedule.. more ksj: sche dule shall apply: 1 Kithin 180 days from the date of this Parmit y, , an Engineering design report must be submitted to the State *Subparagraphs 3(a), (b), and (c) are conditions placed in PDES permits and are not applicable to this permit issued by the Texas Water C=mission. T D49R OOOI IA ev. I D5-771 Page 10 of 19 water quality control agency and the Regional A strator which describes it detail the fac'i needed. a gn report must be in conformance 't -~$pplicab i ies plan for the area, as requi n ect* 01, 4 and 232 of the Act. hs iOthe om the date of this permit, the permute e s Onistrator roval of proposed treatment facil- ities modifica i state water quality control agency and the and initiate the engineering de- sign tp %W To % 3 Within 1.0 year from the date of this permit, the permittee shall report on the progress of the engineering design. 4 Within 1.5 years from the date of this permit, the permittee shall obtain approval of final plans and specifi- cations on proposed modifications from the State water quality control agency and the Regional Administration and let all bids related to these plans and specifications. s permit, 5 Within 2.0 years from the date oN$tion. the permittee shall report o h~gress o • 6 Wit ~rs he e of this permit, the permittee sy1 e c on proposed modifica- tions to obtain *@Ps s t eatment. 7 fi than July 1, 1977 all construction necessary to a t, 'donditions of this permit shall be com- pleted n Nonal. Adequate time shall be allowed prior to o incorporate the new facilities into total operi and verify the production of the required effluent. TOW ROOK 1 I Rev. 10-5-7 71 Pop. 11 o119 General Conditions 1. Discharge Limitations a. All discharges authorized herein shall be consistent with the terms and conditions of this permit. b. The discharge of any pollutant more frequently than, or at a level in excess of, that identified and authorized by this permit, shall consititute a violation of the terms and conditions of this permit. Such a violation may result in the imposition of civil and/or criminal penalties as provided for in Chapter 26 of the Texas Water Code. C. Prior to any facility modifications, additions, and/or expansions that will increase the plant capacity, the permittee shall apply for a permit amendment and receive written approval from the permitting autho- rity of the permit amendment before commencing construction. d. Any change in the facility discharge, including any new signifi- cant discharge or significant changes in the quantity or quality of ex- isting discharges to the treatment system that will result in new or increased discharges of pollutants must be reported to the permitting authority. Modifications to the permit may then be made to reflect any necessary changes in permit conditions, including any necessary effluent limitations for any pollutants not identified and limited herein. in no case are any new connections, increased flows, or significant changes in influent quality permitted that will cause violation of the effluent limitations specified herein. 2. After notice and opportunity for a hearing, this permit may be modi- fied, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: a. violation of any terms or conditions of this permit; b. Obtaining this permit by misrepresentation or failure to dis- close fully all relevant facts; or c. A change in any condition that requires either a temporary sus- pension or permanent elimination of the permitted discharge. 3. This permit shall be revised or modified in accordance with the following circumstances: a. Modification of Water Quality Standards which affect the condi- tions of this permit. TDVVR 0081(Rm 105-77) Papa 12 or 19 b. If a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibi- tion) is established under Section 307(a) of the Act for a toxic pol- lutant which is present in the discharge authorized herein and such standard or prohibition is more stringent than any limitation upon such pollutant in this permit. 4. The permittee is hereby notified that the State and/or local govern- ments specifically reserve all rights of entry and inspection granted them by the law. The perndi*tee shall allow the Regional Administrator and/or his authorized representatives, upon the presentation of credentials: a. To enter upon the permittee's premises or other premises under t:ie control of the permittee, where an effluent source is located or in which any records are required to be kept under the terms and conditions of this permit; b. To have access to and copy at reasonable times any records re- quired to be kept under the terms and conditions of this permit; c. To inspect at reasonable times any monitoring equipment or monitoring method required in this permit; d. To sample at reasonable times any discharge of pollutant; or e. To perform at reasonable times an operation and maintenance inspection of the permitted facility. 5. The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regula- tions; nor does it obviate the necessity of obtaining Federal or local assent required by law for the permitted discharge. 6. This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the under- taking of any work in any navigable watfers. *7. This permit does not authorize or approve any agriculture, silva- culture, or aquaculture project in connection with wastewater reuse. *This is a General Condition placed in NPDES permits and is not appli- cable to this permit issued by the Texas Water Com:Assion. In some instances, the Commission may authorize and approve waste treatment operations which utilize controlled agriculture and silvaculture pro- jects in conjunction with wastewater disposal. rowR oo81 (Rav. 10 5.77) Nge 13 of 19 8. The Executive Director shall from time to time review the terms and conditions of this permit and if changes are justified, he shall recommend to the Commission that the permit be modified in accordance with the ap- propriate regulation to reflect any necessary changes in permit terms or conditions. 9. Solids Disposal. Collected screenings, slurries, sludges, and other solids shall be disposed of in such a manner as to prevent entry of those wastes (or runoff from the wastes) into state waters or their tributaries. 10. Electric Power Failure The permittee is responsible for maintaining adequate safeguards to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated ef- fluent. Sho171d the treatment works not include the above cap-bilities at time of permit issuance, the permittee must furnish within 120 days to the permitting authority, for approval, plans for such facilities and an implementation schedule for their installation. 11. Prohibition of Bypass of Treatment Facilities The diversion or bypass of any discharge from facilities utilized by the permittee to maintain compliance with the terms and condi- tions of this permit is prohibited, except (i) where unavoidable to prevent loss of life or severe property damage, (ii) where excessive storm drainage or runoff would damage any facilities necessary for com- pliance, or (iii) where authorized under a program of preventive or corrective maintenance as approved by the Executive Director of the Texas Department of Water Resources. The permittee shall within 72 hours notify the permit issuing authority in writing of each unauthorized diversion or bypass in accordance with the procedure specified for reporting non- compliance. Town 0081(Rev. 105.771 Page 14 of 19 1 ~i~y ui uoi~wu tvvci-vj OTHER REQUIREMENTS 1. Interim Effluent Limitations a. Each pollutant concentration in a grab sample in excess of the value shown for such pollutant in Column 2 of Table 1 constitutes a violation of the permit. When three, four, or five consecutive grab samples have b,=en collected at various times on separate days by the same entity, the existence of concen- trations of any specific pollutant in more than two samples in excess o, the value shown for the specific pollutant in Co1Lmn 1 of Table 1 is a violation. Table 1 Iollutant Column 1 Column 2 BOD5 mg/l 20 35 Suspended Solids mg/l 25 60 Dissolved Oxygen mg/l N/A 2* The foregoing requirements shall be applied with judgment and in the context of the other informa- tion available. b. Each pollutant concentration in a 24-hour composite sample in excess of the value shown for such pol- lutant in Column 1 of Table 2 constitutes a violation of the permit. Table 2 Pollutant Column 1 BOD5 mg/l 25 Suspended Solids, mg/l 40 * Not less than this concentration. TDWR 00811Rev. 10.5-77f Pepe 16 of 19 City of Denton 1 IUU2 I-Us 2. Final Effluent Limitations a. Lach pollutant concentration in a grab sample in excess of the value shown for such pollutant in Column 2 of Table 3 constitutes a violation of the permit. When three, four, or five consecutive grab samples have been collected at various times on separate days by the same entity, the existence of concen- trations of any specific pollutant in more than two samples in excess of the value shown for the speci- fic pollutant in Column 1 of Table 3 is a violation. Table 3 Pollutant Column 1 Column 2 BODS mg/l 20 35 Suspended Solids mg/1 25 60 Dissolved Oxygen rig/l N/A 2* The foregoing requirements shall be applied with judgment and in the context of the other relevant information available. b. Each pollutant concentration in a 24-hour composite sample in excess of the values shown for such pol- lutant in Column 1 of Table 4 constitut,,s a violation of the permit. Table 4 Pollutant Column 1 BODS mg/l 25 Suspended Solids mg/1 90 * Not less than this concentration. T ow A-0081( 1". 10-5-77) Page 178 of 1 J 3. These public sewerage facilities shall be operated and maintained by a sewage plant operator holding a valid certificate of competency issued under the direction of the Texas Department of Health as required by Section 20(a) of Article 4477-1, Vernon's Texas Civil Statutes. 4. The plans and specifications for the waste collection and treatment works associated with the discharge authorized by this permit must be approved pursuant to state law, and failure to secure approval before commencing construction of such works or making a dis- charge therefrom is a violation of this permit and each day of discharge is an additional vi.olatit,n until ap- proval has been secured. 5. This permit is granted subject to the policy of the Department to encourage the development of areawide waste collection, treatment and disposal systems. The Commission reserves the right to amend this permit in accordance with applicable procedural requirements to require the system covered by this, permit to be integrated into an areawide system, should such be developed, to require the delivery of the wastes autho- rized to be collected in, treated by or discharged from said system, to such areawide system; or to amend this permit in any other particular to effectuate the Commis- sion's policy. Such amendments may be made when the changes required are advisable for water quality control purposes am are feasible on the basis of waste treatment technology, engineering, financial, and related considera- tions existing at the time the changes are required, exclusive of the loss of investment in or revenues from any then existing or proposed waste collection, treatment or disposal system. b. Items stamped N.P.D.E.S REQUIREMENTS ONLY do not ap,31y to this permit and are retained in this permit to preserve the form and numbering system of a National Pollutant Discharge Elimination System permit. The items stamped N.P.D.E.S. REQUIREMENTS ONLY in this permit were secured from a standard U. S. Environmental Protection Agency permit format existent in February, 1974, and they may or may not be identical to the requirements or conditions of the actual N.P.D.E.S. permit applicable to the facility covered by this permit. It is necessary to examine the issued N.P.D.E.S. permit authorizing discharge to determine the actual N.P.D.E.S. requirements. 7. A flow measuring device and readily accessible sampling point shall be provided by the permittee. 7 D%V R-0C81( R ev. 1J-5.77) peg" 17D of 19 8. A certified operator shall inspect the facility daily and main+ain at the plant site a record of these inspections. 9. The sludge from the treatment process shall be anaerobically stabilized and disposed of either by subsurface injection or dried and used by the permittee as a soil additive. The c:isposal practices shall comply with all the applicable rules of the Texas Department of Health. The permittee shall ensure that the disposal of sludge does not cause any contamination of the ground or surface waters in the State. The permittee shall keep records of all sludges removed from the wastewater treatment plant site. Such records will include the following information: 1) Volume of sludge disposed 2) Date of disposal 3) Identity of hauler 9) Location of disposal site 5) Method of final disposal The above records shall be maintained on a monthly basis and be available at the plant site for inspection by authorized representatives of the Department for at least two years. Sludge injection shall be managed as follows: 1) Injection rates shall not exceed 10 dry tons/ acre/year. 2) Injected sludge shall not surface or pond. Page 17c of 19 v~ DEFINITIONS All definitions contained in Section 26.001 of the Texas Water Code and Paragraph 502 of the Act shall apply to this permit and are incor- porated therein by refctence. Additional definitions of words or phrases used in this permit are as follows: 1. The term "Act" means the Federal Water Pollution Control Act, as amended, Public Law 92-500 (33 USC 1251 et seq). 2. The term "Environmental Protection Agency" means the U. S. Environ- mental Protection Agency. 3. The term "Administrator" means the Administrator of the U. S. Environ- mental Protection Agency. 4. The term "Regional Administrator" means one of the Regional Adminis- trators of the U. S. Environmental Protection Agency. 5. The term "National Pollutant Discharge Elimination System" (hereinafter referred to as "NPDES") means the system for i5.3uing, conditioning, and denying permits for the discharge of pollutants from the point sources into the navigable waters, the contiguous zone, and the oceans, by the Administrator of the Environm,,ntal Protection Agency pursuant to section 402 of the Federal Water Pollution Control Act, as amended. h. The term "applicable effluent standards and limitations" means all State and Federal effluent standards and limitations to which a discharge is subject under the Act, including, but not limited to, effluent limitations, standards of performance, toxic effluent standards and prohibitions, and pretreatment standards. 7. The term "applicable water quality standards" means all water quality standards to which a discharge is subject under the Act and which have been (a) approved or permitted to remain in effect by the Administrator following submission to him pursuant to Section 303(a) of the Act, or (b) promulgated by the Administrator pursuant to section 303(b) or203(c) of the Act. The term "sewage" means human body wastes anca the wastes from toilets and other receptacles intended to receive or retain body wastes. 9. The term "sewage sludge" shall mean the solids and precipitates separated from wastewater by .it processes. TDA R 0081 (Rev, 10 5-77) Pape to of 19 2 10. The term "treatment works" means any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature to implement section 201 of the Act, or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including intercepting sewers, sewage collection systems, pumping, power, and other equipment, and their appurtenances; extension, improvement, remodeling, additions, and alterations there-.°; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment. 11. The term "grab sample" means an individual sample collected in less than 15 minutes. 12. The term "uncontaminated water" means water which has no direct contact with any product or raw material and which does not contain a level of constituents detectably higher than that of the intake water. 13. The term "permitting authority" means the State water quality control agency or the Environmental Protection Agency, who physically issues the permit. TOW F10001IRov. 10-S-77) Fog* 19 of l9 12. Change in Control. or Ownership of Facility In the event of any change in control or ownership of facilities from which the authorized discharges emanate, the permittee shall notify the succeeding owner or controller of the existence of this permit by letter, a copy of which shall be forwarded to the State water pollution control agency and the Regional Administrator. 13. Severahility of Conditions The conditions of this per)nit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 14. Except for data determined to be confidential under Rule 156.01.01.013, Rules of the Department, Section 26.134 of the Texas Water Code, and Section 308 of the Act, all monitoring reports required by this permit shall be available for public inspection at the office of the State water quality control agency and the Regional Administrator. Knowingly making any false statement on any such iaport may result in the imposition of criminal penalties as provided in State law. 15. Nothing in this permit shall be construed to preclude the institu- tion of any legal acticn nor relieve the permittee from any responsibil- ities, liabilities or penalties established pursuant to any applicable State law or local regulation under authority preserved by Section 510 of the Act. 70WR 0091 (Rev. M5 77) Page 15 of 19 AGREEMENT FOR ENGINEERING SERVICES (Review, Miscellaneous, And Verbal Consultation) This AGREEMENT is made and entered into this 5th day of July, 1983, by and between the CITY OF DENTON hereinafter called the OWNER, acting by and through its City Manager, or duly appointed representative authorized to act and TEAGUE NALL AMID PERKINS, INC., a corporation hereinafter called the ENGINEER. CONMAC1UAL UNDERTAKINGS SECTION I EMPLOYMERr OF ENGINEER The 0ViNE.2 agrees to employ the ENGINEER and the ENGINEER agrees to furnish engineering services as stated in the Sections to follow, and for having rendered Emch services the OWPiM agrees to pay to the ENGINEER conpensation as stated in the Sections to follow. SECTION II CHARACTER AND EXTEND OF SERVICES This AGRF:FMENr covers all services furnished to OWNER by ENGINEER that are not specifically within the scope of other written AGREEMENTS. (Such other AGREEMENT'S generally oover "Basic Engineering and Related Special Services" for public works facilities such as streets, drainage, crater, sewer and airports; whether funded directly b;yr OWNER or funded by private sources and brplemented by OWNER.) The services included in this AGREEMFNr will occur in one of three categories to follow: A. REVIEW OF "OTEIER ENGINEER'S" WORK PRODUCT The term "Other Engineer" means any person duly licensed as i professional engineer by the State of Texas and who is not affiliated with ENGINEER as a principal, staff employee or under subcontract involving the "WORK PE)DUCT" that is the subject`. of review. Upon written request by OWNER and acceptance in writing by ENGINEER, the ENGINEER shall review Subdivision planning or similar material submitted by "Other Engineers" to OWNER provided the materials submitted for review bear the "Other Engineer's" seal or suitable verification that such "Other Engineer" accepts full responsibility for the submittal. It shall be the Ov'NER'S responsibility to obtain from the developer or sponsor of the project suitable verification that such "Other Engineer" has been duly appointed and has accepted full professional responsibility for the submittal. The Special Conditions related to this category of s'?rvice include the following: Comment on work as it relates to compliance with OWNER'S Subdivision Ordinance and/or good engineering practice, and make recommendation regarding same to OWNER for final disposition. B. MISCELLANEOUS DOCUMEIJ D ENGINEERING SEMITCES Upon written request by OWNER and acceptance in writing by ENGINEER, the ENGINEER shall furnish such services as specifically requested. it is expressly understood and agreed the ENGINEER at his sole option may decline in writing any engineering services requested by OWNER. C. VERBAL ASSIGNMENTS AND CONSULTATION It is mutuzilly agreed that undoctmentce verbal assignments are to be avoided if possible, and when they do occur OWNER and ENGINEER are acting in uomtemplation of reducing them to writing as soon a3 is reasonably practical. Consultation comprises such verbal opinions and expressions as are given by ENGINEER.to OWNER at OWNER'S request with no written documentaticn thereof camtemplated or requested. In the event of the necessity of a verbal assignment, same shall be confirmed in writing by ENGINEER to OWNER as soon as it is reasonably (1) practical thereafter. Such writing will be presumed to fully cover the work assigned unless OWNER shall notify ENGINEER in writing to the contrary within five (5) days, upon which notification ENGINEER and OWNER will confer and reduce such assignment to writing. SECTION III AUTHORIZATION OF SERVICES Insofar as is practical, professional services shall not be undertaken by the ENGINEER under this AGREEMENT until the assignment is properly documented .n writing; however, this AGREEMENT does cover verbal assignments and consultation as provided under SECTION IIr C of this AGREEMENT. SECTION 1V PERIOD OF SERVICE This AGREEMENT shall be effective upon execution by the OWNER and ENGINEER, and shall remain in force until terminated under the provisions hereinafter provided in Section VII. SECTION V COORDINATION W17H THE C"TE The ENGINEER and the OWNER, or his representatives, shall endeavor to hold periodic conferences or exercise other means of frequent eamnnication in order that each shall have maximum benefit of the other's experience and knowledge of relevant situations. The OWNER shall also be responsible for making available to the ENGENEER, all existing plans, maps, field notes, statistics, computations and other data in his possession that are relevant to the matters at hand. SECTION VI THE ENGINEER'S CDWENSATION For and in consideration of the services rendered under this AGREEMENT by the &NGINEER, the OWNER shall pay, and the ENGINEER shall receive compensation on the basis of salary cost times a multiplier of 2.50 and direct non-labor and sub-contract expense at invoice cost, unless specifically provided otherwise in writing and acknowledged by both OWNER and ENGINEER. "Salary cost" is defined as the cost of salaries of engineers, draftsmen, stenographers, surveymen, clerks, laborers, etc. for time directly chargeable to the assignments plus social security contributions, unemployment, excise and payroll taxes, employment compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation, and holiday pay applicable thereto. Should any personnel of ENGINEER be starved with a subpoena as a result of any services furnished or because of the relationship that any third party might construe to exist between E4GINFFR and OWNER due to this AGREEMENT, ENGINEER shall promptly notify OWNER and OWNER shall make any reasonable and proper effort possible to have ENGINEER excused, or to mitigate the consequences. Should ENGINEER not he thus excused OWNER shall then compensate ENGINEER for time and expenses incurred in accordance with the provisions of this SECTION V1. Payments to the ENGINEER for services rendered under this agreement will be made monthly, by the OWNER, upon presentation of monthly statements by the ENGINEER. All remittances by OWNER of such compensation shall either be mailed or delivered to the ENGINEER'S office in Fort Forth, Tarrant County, 'texas. SECTION VII TERMINATION Either party to this AGREFMENt may terminate the AGREEMENT by giving to other 30 days notice in writing. Upon delivery of such notice by the OWNER to the ENGINEER, the ENGINEER shall discontinue all services in connection with the performance of this AGREEMENT and shall proceed to cancel (2) promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this AGREEexWr. As soon as practical after receipt of notice of termination, the ENGINEER shall submit a statement, showing in detail the services performed under this AGREDM to the date of termination. The OWNER stall then pay the ENGINEER promptly that proportion of the pzescribed charges which the services actally performed under this AGREEMENT bear to the total services actually performed under this AGREEMIM les,j such payments on account of the charges as have been previously :Wade. SECY'ION VIII SUCCESSORS AND ASSI(ZA9DM The OWNER and the ENGINEER each binds himself and his successors, executors, administrators and assigns to any other party of this AGREEMENT and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this AGREEMENT. Except as above, neither the OWNER nor the ENGINEER shall assign, sublet or transfer his interest in this AGREEMENT without the written consent of the other. Nothing herein shall be -xistituted as creating any personal liability on the part of any officer or agent of any public body s,hich may be a party thereto. SECTION Ix CONFLICT OF INTEREST The ENGINEER represents to the OWNER that during the term hereof it will not review plats and/or plans of its own clients who are developing property within the review jurisdiction of the City of Denton. OWNER shall be the reviewing agency for all such plats/plans so as to avoid any conflict of interest relative to this contract. EXECVIED IN 3 counterparts (each of which is an original) on behalf of ENGINEER by its VICE PRESIDENT shown below, and on behalf of the OWNER by its City Manager (thereunto duly authorized) this 5th day of July, Tq CITY OF DENICH TEAGUE NALL AND PERKINS, INC LAVER ENGINEER t _ a BY: G. art , J'.( chard Perk n , P. E. City Manager V President APFNM M 10 !Mica C" MY, :~f . TE7(M Or: (3) "C .r I 'Ix r'. vj~ f hffr Mrs - M ti f i v 1 k _~.tn Il if ;i a: .4:.f. NQ AN ORDINANCE GRANTING A SPECIFIC USE P?RMIT AND AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOT Z, BLOCK 19 BARB ADDITION, R. BEAUMONT SURVEY, ABSTRACT NO. 31, CITY AND COUNTY OF DENTON, TEXAS; 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 follow- ing described property, to-wit: All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being known as Lot 2, Block .l of the Barb Addition, R. Beaumont Survey kbstract No. 31 and also known as 519 and 529 Bolivar Street (First Church of the Nazarene) in the City of Denton, Texas. which is classified as Planned Development "PD" District Classi- fication Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas is hereby changed and a Specific Use Permit is hereby granted for the use of said property for a day care center, subject to the following conditions and restrictions to-wit: 1. The maximum number of children to be accommodated shall not exceed 116. 2. The development shall conform to the approved PD concept plan. 3. Paved parking and all other applicable development code, fire code, building code and zoning ordinance requirements shall be met prior to issuance of a certificate of occupancy. 4. A six (6) foot solid wooden fence shall be erected along the west and south property lines, the fence on the east property line shall be in accordance with State of Texas regulations for day care centers. 5. The zoning shall revert to two family (2-F) if the day care center ube is not developed within three (3) years. The development of the property shall be in substantial compli- ance with the site plan attached hereto and made a part hereof for all purposes. S-169/WESLEY A. DAVIS/PAGE 1 AWMWWAW~.r wmffm=am~ 1 ri The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of t;ie 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 II. 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 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 , 1983. (AICIRRI) 0 STEW , MAYOR CIT OF D'NTON, TEXAS ATTES UMOTTE ALL~Nq CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: 5-169/WESLEY A. U?.VIS/PAGE 2 ~~e.~,...,a~~,ri~,~.e►~rzaramas.+®~ar,~.s~s•~~sat~~~a4S4 ~"Ri~r~ 1_3rlc YVA)700 ~ I . i I Z is s n i • I 7I S/ 2 + 1 ~ I , ~ }v I ~ ~ r Z 41 err ! ~.r. ]yyV1- ~r~~ ry111 ~ S 3... r r y'1st ~ ~i~x ~`i r.r 'll~ NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 28,380.05 SQUARE FEET OF LAND OUT OF THE ALEXANDER HILL SURVEY, ABSTRACT NO. 623, DhNTON COUNTY, 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-brit: All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being a part of a First Tract as conveyed by deed dated October 232 1937 from William A. Wilson and wife, Selma Wilson to B. F. Chastain, as shown of record in Volume 271, Page 103 of the Deed Records of Denton County, Texas; being out of the Alexarler Hill Survey, Abstract No. 623, and being more particularly described as follows: BEGINNING at a steel pin at the northwest corner of the past mentioned First Tract; THENCE south 890341181' east along the north boundary line of said first tract same being a fence line 161.87 feet (call on this line being 163 feet), to a steel pin for corner in the west boundary line of Myrtle Street; THENCE south 000501 east along the west boundary line of Myrtle Street 85.2 feet to a steel pin for most eastern corner of Tract No. 8568 of 4893 square feet of land as set forth in instrument designated as "Order for Possession" dated September 30, 1976, City of Denton v. Ben F. Chastain, Jr., Lillian Judkins and Virginia Alyne Chastain, said instrument filed in the office of the County Clerk, Denton County, Texas; THENCE south 3804813411 west along the northwesterly boundary line of the above mentioned City of Denton tract, 166.78 feet to a steel pin for corner; THENCE north 8612915411 west along the north boundary line of the past mentioned City of Denton tract 60.00 feet to a 211 steel pipe for the northwest corner of said City of Denton tract and being in the west boundary line: of the past mentioned B. F. Chastain First Tact; THENCE north 00°2110611 east along the west boundary line of the past mentioned first tract 212.7 feet to the point of beginning and containing 28,380.05 square feet of land. is hereby changed from Office 11011 District Classification Use to Planned Development 11PD11 District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas with the following conditions and specifications: 1. The development shall conform to the approved PLI concept plan and all, applicable City of Denton development codes shall be satisfied prior to certificates of occupancy and building permits. Z-1585/COZY OAKS, INC.-PAGA i -tiff "1~ •j kk ? {i • y~ N} t ^ ~J~ f Y WO y` ~,yC .I I t ~t f " • ~f /y1 1 1 'W .4 Y• ~ C~'' y• J ~ ~i/1 ~ • k t~ • ~ i y~y ~t`~I~ it 11~~' t ~ f 't• i~ 9 - 1 • _ 1 ~ v~ ~'iK`fF m;. q~~pr ~t t, 14 1 a~,: J a `fh' ~r~}ttIF~FQi_i~'',~lt 1~f 4 bvi9'Y 2. Minor modifications in building location parking lot arrangement, curb cut locations and overall design shall be permitted if recommended by staff to improve traffic circulation, visibility or other technical concerns. 3. The square footage of the building shall be limited to 4,020 square feet and iuilding height shall not exceed two (2) stories. 4. The Carroll Boulevard curb taut proposed to provide access to this site and the adjoining tract to the west shall be located at laast one-hundred (100) feet from any intersection at its beginning point. 5. That no break in the Carroll Boulevard median shall be permitted for left turns and entrance onto the curb cut serving the restaurant site. 6. Zoning shall revert to office (0) classification if development does not occur within four (4) years of approval date. The Zoning Map of the City of Denton, Texas, adopted the 14th 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 Classifi- cation and Use subject to the above condicions and specifications. SECTION II. 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 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 _!~g day ofG 1983. CIT OF DNTON, TEXAS ATTE CHARLOTTE ALLEN, ITY SECRETA CITY OF DENTON, TEXAS APPROVED AS TO LEGAI. FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: 7_1585 OZ OAKS, INC.-PAGE 2 1 I '^t i l' _ , - l r " 1 'l r 1 1r ~ ~ ti~ l i~ 1~~=`1 ~~'i~~~ 1 wI I•.Nlr f y Jl' This curb cut';should A'YATLE Tr-A I Ll.~ratr f. • • be as far from Myrtle Street l L Nw• ..rsal Ft. Worth D intersection as possible.1 v NYLI I-r Fb ~ r h ♦OY' =frYl~C~-. ' J /N-Y~ryl1. L.1[.C.1~ ^ tu " l Y;ftl I I IJ~'Y ~WO / i I L i _ESiminatior0 -2 spaces -~6 J - could improve APPPOZ.4DEO visibility. PROPOSED dViLDIN3 a r a 0 a - G Go L L ~ .M`lO P3Z recommends relocation of this T C ' curb cut o a point that measJ res a Ga minimum 4 100 feet _ - "•"J :rota int section at \ \ its begs ling point. riM u • I , / SC6LE 1'. 20' esmmf[~r ssoa0vs-l~easlrammrareae.a,.e•.:.•mr~le.®®..®~. IN THE MATTER OF CITY OF DENTON CHARLOTTE ALLEN THE STATE OF TEXAS Roy Appleton, Jr. G)unly of Denlon being duly sworn, says he is the General Manager of the Denton Record - Chronicle, a newspaper of general circulation which has been continuously and regularly published for a period of not less than one year in-the County of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in said paper on the follow- ing dates: ORDINANCE NO. 83-70 subdivision & land development regulations 14 lines $11.20 JULY 14 & 15v 1983 -b~ Subscribed and sworn to before me this 15 day of _ JULY 1:9 ` 83 Witness my hand and official seal. Notary Public, Denton County, Texas i f HERE PASTE THE NOTICE: BY Fill- Nro. PUBLICATION CUT FROM PAPER - - IN THE MATTER OF THE I consuntno E+w+r+~t+ }e+e w an 4,4 An ordkiana, nrP, , nenacfkq appendix A to Me s! ! Coat b1 orowww" of,#* Citj of ponton. jixas relat- AFF1 UAV1T OF PUBI.ISHF.R TO 642 Wd to subdfv(slo end lWW ¢evolupment reoulatlons; PL?BI.ICATION OF LEGAL NOTICE ro 2 provktinq a penally of o fine rat 10pxaed faQO; provldinp blk a swtraWlit elouu) re- l t i•slino NI oraUaoces In conflict wrwitn; and dl- Filed the _ r♦ay tIN tYM l1o aeaN~cflw'datr of AMY ro.tsq l9 DF~ Drpul f a u i i.: ~ ~y V r NO. AN ORDINANCE REPEALING AND REENACTING APPENDIX A TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS RELATING TO SUBDIVISION AND LAND DEVELOPMENT REGULATIONS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Appendix A to the Code of Ordinances of the City of Denton, Texas, is hereby repealed and reenacted in its entirety to read as follows: TABLE OF CONTENTS ARTICLE 1. IN GENERAL CHAPTER I. PURPOSE & INTENT . . . . . . . . . . . . . . . . 2 Article 1.01 Policy . . . . . . . . . . . . . . . . . . 'l Article 1.02 Purposes . . . . . . . . . . . . . . . . . 3 Article 1.03 Authority . . . . . . . . . . . . . . . . 3 CHAPTER II. SHORT TITLE . . . . . . . . . . . . . . . . . . 4 CHAPTER III. VARIATIONS . . . . . . . . . . . . . . . . . . 4 CHAPTER IV. DEFINITIONS . . . . . . . . . . . . . . . . . . 6 Article 4.01 Rules for Definition . . . . . . . . . . . 6 Article 4.02 Definitions . . . . . . . . . . . . . . . 6 ARTICLE II. SUBDIVISION REGULATIONS CHAPTER I. AUTHORITY . . . . . . . . . . . . . . . . . . . 11 Article 1.01 Jurisdiction . . . . . . . . . . . . . . . 11 Article 1.02 Scope of Regulations . . . . . . . . . 12 Article 1.03 Development Standards & Requirements in the Extraterritorial Jurisdiction . . . 12 Article 1.04 Approval Required . . . . . . . . . . . . 12 CHAPTER II. PROCEDURES FOR SUBMISSION $ APPROVAL 13 Article 2.01 Preliminary Plat $ Plans . . . . . . . . . 13 Article 2.02 Final Plat & Plans . . . . . . . . . . . . 13 Article 2.03 Filing of Plat 14 Article 2.04 Subdivision Construction . Article 2.05 Acceptance of the Subdivision . . . . . Article 2.06 General Development Requirements is Article 2.07 Replat Procedure . . . . . . . . . . . . . lk ARTICLE III. LAND DEVELOPMENT PROCEDURES 6 PERMIT REGULATIONS CHAPTER 1. JURISDICTION & SCOPE . . . . . . . . . . . . . IS CHAPTER II. WITHHOLDING IMPROVEMENTS . . . . . . . . . . . 16 CHAPTER III. PROCEDURES & APPROVAL PROCESS: POLICIES . . . 16 PAGE 1 r Article 3.01 General Overview of Review Process . . . . 16 Article 3.02 Pre-Design Conference Recommended . . . . 17 Article 3.03 Annexation Policy . . . . . . . . . . . . 17 Article 3.04 Zoning . . . . . . . 19 Article 3.05 Preliminary ~Planning/Plats . . . . . . 19 Article 3.06 Final Development Review & Permit Procedures . . . . . . . 24 Article 3.07 Construction Phase Procedural Requirements $ Policies . . . . . . . . . 30 Article 3.08 Combined Approval of Preliminary Plat $ Lot of Record--Optional Procedure 35 Article 3.09 Special Planned Development Zoning Districts . . . . . . . . . . . . . . . . 35 CHAPTER IV. GENERAL DESIGN STANDARDS $ IMPROVEMENTS REQUIRED . . . . . . . . . . . . 37 Article 4.01 Purpose . . . . . . . . . . . . . . . . . 37 Article 4.02 Authority of :,.e Development Review Committee to Recommend Standards f, Specifications . . . . . . . . . . . . . . 37 Article 4.03 Streets Standards & Policy . . . . . . . . 38 Table I-City of Denton, Texas Summary of Recommended Thoroughfare Design Standards 42 Article 4.04 Sidewalk Standards $ Policy . . . . . . . 51 Article 4.05 Median Standards . . . . . . . . . . . . . 51 Article 4.06 Alleys . . . . . . . . . 52 Article 4.07 Water Utilities'Standards . . . . . . . . 53 Article 4.08 Sewer Utility Standards 54 Article 4.r9 Extensions of Water 6 SewW Mains 55 Article 4.10 Alternative Water f, Sewer Facilities 59 Article 4.11 Utilities Easement Requirements . . . . . 62 Article 4.12 Electric, Gas, Cable Television, $ Telephone Utility Standards . . . . . 63 Article 4.13 Underground Electrical Utility Policy . . 63 Article 4.14 Street Lights . . . . . . . . . . . . . . 64 Article 4.15 Drainage Requirements . . . . . . . . . . 65 Table II-Runoff Coefficient "C" . . . . . 68 Article 4.16 Lots, Common Areas & Facilities . . . . . 71 Article 4.17 Blocks . . . . . . . . . . . . . . . . . . 72 Article 4.18 Building Lines . . . . . . . . . . . . . . 72 Article 4.19 Fire Lanes . . . . . . . . . . . . . 72 Article 4.20 Monuments & Markers 73 Article 4.21 Development on Existing Lots That Were Previously Approved by the City 73 Article 4.22 Filing Fees . . . . . . . . . . . . . . . 74 ARTICLE I. IN GENERAL CHAPTER I. PURPOSE AND INTENT Article 1.01. Policy A. Land to be subdivided shall be of such character that it can be used safely for building purposes riithout danger to health or peril from fire, flood, or other menace. Land shall not be subdivided and/or developed until adequate facilities and improvements are provided. PAGE 2 B. Existing and proposed land development improvements shall conform and be properly related to the proposals, policies shown in the officially adopted Master Plans, and the capital improvement budget and program of the City of Denton. It is intended that these regulations supplement and facilitate the enforcement of the provisions and standards contained in building and housing codes, zoning ordinances, official Master Plans, and capital improvement budget and program of the municipality. Article 1.02. Purposes These regulations are adopted for the following purposes: A. To protect and provide for public health, safety, and general welfare of the community. B. To guide the future growth and development of the municipality, in accordance with the Master Plans. C. To guide public and private policy and action in providing adequate and efficient transportation, water, sewerage, and other public and private requirements and facilities. D. To establish reasonable standards of design and procedures for subdivisons and resubdivisions; to further the orderly layout and use of land; and to ensure proper legal descriptions and monumenting of subdivided land. E. To ensure that public or private facilities are available and will have a sufficient capacity to serve proposed subdivisions and developments within the City. Article 1.03. Authorit,t A. These regulations are adopted under the authority of the provisions of the Constitution and laws of the State of Texas and Charter of the City of Denton. The rules and regulations govern the subdivision and development of land in the corporate limits of the City of Denton and shall govern the subdivision and development of land within the extraterritorial jurisdiction of the City of Denton under Article 970a V.A.T.S., as amended, known as the Municipal Annexation Act. PAGE 3 B. The Planning and Zoning Commission shall exercise the power and authority to administer standards established by this ordinance and review, approve, or disapprove plats and develop- ment plans for subdivision of land and for any development within the corporate limits of the municipality (or unincorpo- rated ETJ areas of the county) which show lots, blocks or sites with or without new streets or highways or any lot improvement activities as defined by this ordinance. C. A Development Review Committee is hereby established composed of not more than seven (7) members. The City Manager is hereby authorized to appoint the members of the Development Review Committee (DRC) composed of key staff members involved in development review and assistance and to designate a chairperson of such committee, which chairperson shall he responsible for coordinating and es'_abli0 ing committee procedures. The purpose is to provide centralized technical r_-iew of city development regulations an(i policies anc, provide centralized staff interpretations and recommendations .o the Public Utilities Board, Planning and Zoning Commission, City Council and any other city board charged with authority for review and approval of development matters of the City. CHAPTER 11. SHORT TITLE This chapter shall be known and may be cited as the Denton Duvelopment Code and it shall become a part of the Code u£ Ordinances of City of Denton, Texas. CHAPTER III. VARIATIONS A. Authority Variations and modifications of the general requirements of this ordinance will be made by the Planning and Zoning Commission when, in its judgment, special or peculiar factors and conditions warrant such variations and do not affect the general application or spirit of the rules and regulations, or the Master Plan of the city. The Planning and Zoning Commission PAGE 4 shall be the judge in all cases regarding the application of the following rules and regulations. Advice and cooperation is offered and will always be given by the Development Review Committee. In no case, however, shall the. Commission or Council grant such modifications unless it finds that all of the following conditions are satisfied: 1. That the modified proposal would conform to the City Master Plans. 2. That literal enforcement of a provision would result in an extreme hardship for the development of the subdivision. 3. That granting of a modification will not have the effect of preventing the orderly subdivision of other land use in the area. 4. That the modification accomplishes the spirit and intent of the standard. (Even though tiie modification may not meet the letter of the applicable standard, it provides for a better project design. For example: the requirement for drainage piping in residential streets might be waived if the design maintains all building lines out of the 100-year flood plain and the system is designed to provide detention qualities that help correct downstream drainage problems.) 5. That the problem in question is not generally common to other properties in the City. If the problem standard in question is of general application to numerous properties throughout the City, then the Planning ar.d Zoning Commission is prohibited from grating such variance, but should instead recommend an ordinance change to the City Council. 6. The actual pecuniary cost of development of the property shall be considered for modification of standards. 7. That the hardship must be a physical hardship relating to the property itself as distinguished from a hardship relating to convenience. 8. That the hardship must not result from the applicant's c.r property owner's own actions. B. Procedure The owner of any tract of land aggrieved under these regulations shall apply to the Planning and Zoning Commission for a hardship variance. On such application all adjacent property owners shall be notified 10 days in advance of the scheduled hearing for variance request. Upon review and public hearing the Planning and Zoning Commission shall make a PAGE 5 determination. A determination to grant a variance must be made by a majority of affirmative votes of the Planning and Zoning Commission. Denial of a variance shall be final unless appealed to the City Council for final decision. Discretion of the Planning and Zoning Commission and the City Council in the application of these standards is also provided through a planned development zoning procedure, which shall take precedent over the above variance procedure. CHAPTER IV. DEFINITIONS Article 4.01. Rules for Definition For the purpose of this ordinance, the following rules shall be applied in constructing, interpreting, or otherwise defining the terms and provisions hereof: A. Words used in the present tense shall include the future, words used in the singular number shall include the plural number, and words used in the plural shall include the singular. B. The word "shall" is mandatory and the word "may" is permissive. C. The phrase "used for" shall include the phrases, "arranged for," "designed for," "intended for," and "occupied for," and shall apply exclusively to physical uses. Article 4.02. Definitions For the purpose of this ordinance, certain words or terms sppiicable hereto are defined as hereinafter provided. Words and terms used, but not defined, in this ordinance shall have the meanings ascribed thereto in the Comprehensive Zoning Ordinance of the City. Alley: A public way less in size than a street, designed for the special accommodation of the property it reaches, and not intended for general travel or primary access. Acreage, Gross: The acreage included within a boundary and also including, if any, one-half of the right-of-way of abutting public thoroughfares and, if any, one-half of the area adjacent public open space or drainage ways provided that the maximum PAGE 6 abutting area that may be included is the area within 100 feet of said boundary line. Acreage, Net: The acreage included within the boundary line of a particular subdivision, tract, parcel, lot, etc. but excluding all public ways. Appeal: A request for a review of the Development Review Committee or city board's and commission's interpretation of any provision of this chapter or a request for a variance. Area of Shallow Flooding: A designated AO Zone on a community's flood insurance rate map (FIRM) with base flood depths from one (1) to three (3) feet. This condition occurs where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Average Current Cost: The cost per foot determined periodically, but no less than annually, by the Public Utilities Board of the City based upon actual construction costs of water and, separately, sewer mains in the City of Denton, considering all appurtenances thereto and needed therefore, during the period preceding such determination, and mathematically averaging same and dividing by the number of feet constructed under such contracts for water and for sanitary sewers. Area of Shallow Flooding Hazard: The land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. Applicant: The owner of land proposed to be subdivided or his representative. Consent shall be required from the legal owner of the premises. Build: To erect, convert, enlarge, reconstruct, restore, or alter a building or structure. Building: Any structure which is built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind. Building Line: A line established beyond which no part of a PAGE 7 building shall project, except as otherwise provided in the Zoning Ordinance. Base Flood: The flood having a 1 percent chance of being equaled or exceeded in any given year. CA: The product of the runoff coefficient and the drainage area ii, acres. Cif: The City of Denton, Texas. Commission: the Planning and Zoning Commission of the City. Committee: he Development Review Committee (DRC). Council: The City Council of the City. Developer: A general term including all persons, firms and corporations developing, building or using land for any purpose other than one single-family residence, and the term shall expressly include subdividers of residential and nonresidential property. Development: Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, utility installation, excavation or drilling operations (also see lot improvement). Flood Hazard Boundary Map (FHBM): An official map of a community, issued by the Federal Insurance Administration, where the areas within the boun;iaries of special flood hazards have been designated as Zone A. Flood Insurance Rate Map (FIRM): An official map of a community, on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood Insurance Studer: The official report provided by the Federal Insurance Administration. The report contains flood profiles, the water surface elevation of the base flood, as well as the flood hazard boundary floodway map. Floodplain: The area outside the floodway which is still subject to inundation by the regulatory flood. This area is Designated by FP. PAGE 8 Frontage: That side of a lot, parcel, or tract abutting a street right-of-way and ordinarily regarded as the frontal orientation of the lot. Lot: A tract, plot, or portiun of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, for transfer of ownership or for building development. Lot of Record: A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Denton County or a parcel of land which has been approved as a lot pursuant to the requirements of this ordinance by the City and filed with the City as an approved lot of record. A lot or any interest therein, which is not part of a recordable subdivision but which is filed with the City as an approved lot shall not be titled nor conveyed by reference to a lot number. Lot Improvement: Any building, structure, work of art or other object, or improvements of the land on which they are situated whether immediate or future which includes streets, alleys, utilities, drainag,: codifications, access modifications including curb cuts and other similar activities covered by these regulations. Lot improvements include c.tfsite work accomplished for the betterment of removed building lots. Master Plan: Those plans adopted by the Council as a guide to the systematic physical development of the City. Owner: An all inclusive term denoting the person, firm, corporation or partnership with primary responsibility toward the City to see that these subdivision rules and regulations and the ordinances of the City are complied with. The term includes person, firm, corporation, partnership or agent, attorney-in- fact, manager or director, developer, developer's contractors including engineer, builder, planner, etc. Such term as used herein always includes one or more of the above who own all or any part of the land which is contemplated to be developed. PAGE 9 Planned Unit Development: A zoning concept which allows flexibility in dwelling types, arrangement, lot sizes, and common open space as exceptions to normal development standards, based on an approved Final Development Plan. Public Improvement: Any drainage ditch, roadway, parkway, sidewalk, pedestrialway, tree, la,.,l, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance acid operation, or which may effect an improvement or for which local government responsibi'ity is established. Resubdivision: A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use, or any lot line or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions. Right-of-Way: A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, Crater main, sanitary or storm sewer main, or for another special use. The usage of the term "right-of-way" for landplatting purposes shall mean that every right-of-way hereafter established as shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving; maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established. Special Circumstances: (in regard to utility extensions) Only those areas where water or sewer is deemed necessary and the application of any general rule for extension shall cause a burden and cost considerably greater than what would be normally incurred due to the particular topography or unusual shape of the particular lot or tract involved. PAGE 10 Subdivider: Any person who (1) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision or who (2) directly or indirectly, sells, leases, or develops, or offers to sell, lease, or develop, or advertises for sale, lease, or development, any interest, lot, parcel site, unit, or plat in a subdivision, or, who (3) engages directly or through an agent in the business of selling, leasing, develop- ing, or offering for sale, lease, or development a subdivision or any interest, lot, parcel site, unit or plat in a subdivision, and who (4) is directly or indirectly controlled by, or under direct or indirect common control by any of the foregoing. Subdivision: Any land, vacant or improved, which is hereafter divided in two or more parts for the purpose of laying out any subdivision of any tract of land or any addition to any town or city, or for laying out suburban lots or building lots, or any lots, and streets, alleys or parks or other portions intended for public use, or the use of purchasers or owners of lot's fronting thereon or adjacent thereto shall cause a plat to be made thereof. Variance: A grant of relief to a person from the require- rients of this ordinanace when specific enforcement would result in unnecesfary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by the ordinance. ARTICLE II. SUBDIVISION REGULATIONS CHAPTER I. AUTHORITY Article 1.01. Jurisdiction These regulations shall govern any and every person, firm, corporation or organization owning any tract of land within the • corporate limits of the City of Denton or its extra-territorial jurisdiction who may hereafter divide the same in two or more parts for the purpose of laying out any subdivision of any tract PAGE 11 of land or any addition to any town or city, or for laying out suburban lots or building lots, or any lots, and streets, alleys or parks or other portions intended for public use, or the use of purchasers or owners of lots fronting thereon or adjacent thereto shall cause a plat to be made thereof. Article 1.02. Scope of Regulations The scope of these regulations shall include rules governing plats, plans, subdivisions and development of land within the City of Denton, Texas and its legally defined extra- territorial jurisdiction including certain definitions; providing procedures for the approval of subdivision plats; prescribing regulations for the design and construction of streets, sidewalks, alleys; water and sanitary sewage utilities, drainage and community facilities, in conjunction with, immediate or future development upon that property. Article 1.03. Development Standards and Requirements in the Extra-Territorial Jurisdiction All major development areas in the ETJ will be reviewed for possible annexation as required by the annexation policy subsection 3.03. If after the study the area is not annexed then the county construction standards will Lpply unless specifically noted otherwise in the following list: A. Water and sewer standards B. Plat processing (document review, recording and general city plan conformance, location and dimensions but not construction standards wh',:h shall be according to county standards.) Article 1.04. Approval Required Unless and until any such plan, plat or replat :hall have been first approved in the manner and by the authorities provided for in this ordinance it shall be unlawful within the area covered by said plan, plat or replat for any city of `icial to serve or connect said land, or any part thereof, or for the use of the owners or purchasers of said land, or any part thereof, with any public utilities such as water, sewers, light, PAGE 12 gas, etc, which may be owned, controlled or contributed by the City. No improvements shall be initiated, nor contracts executed until the approval of the City has been given. Disapproval of a Final Plat by the City shall be deemed a refusal by the City to accept the offered dedications shown thereon. Approval of a Final Plat shall not be deemed an acceptance of the proposed dedications and shall not impose any duty upon the City concerning the maintenance or improvement of any such dedicated parts until the proper authorities of the City have both given their written acceptance of the improvements and have actually appropriated the same by entry, use, or improvements. CHAPTER II. PROCEDURES FOR SUBMISSION AND APPROVAL Article 2.01. Preliminary Plat and Plans The developer is required to submit a preliminary plat and plans of the subdivision to the City of Denton. Submittal shall include an application requesting review and the required filing fees. The purpose of the submittal is to allow the Planning and Zoning Commission to review overall platting of the tract, water and sewer service, and street patterns within the subdivision for conformance with the requirements of the City. It also provides the City an opportunity to make preliminary estimates of any City participation that may be required in street and utility costs in the subdivision. The requirements for such submittal and review are the same as outlined in Article III, Chapter III. Article 2.02. Final Plat and Plans Plat and Plans Review Procedure The developer or his engineer shall submit the final plat and complete construction plans to the Planning and Community Deve- lopment Department for review. Submittal shall include an appli- cation requesting review and payment of the required filing fees. PAGE 13 The requirements for such submittal and review are the same as outlined in Article III, Chapter III. Article 2.03. oiling of Plat After approval of the final plat by the Planning and Zoning Commission as outlined in Article III, the developer or his engineer shall subnit to the Planning and Community Development Department the required number of copies for filing with the County Clerk. These copies shall bear all signatures but those of the city officials. After signature by these city officials, the developer or his engineer must complete the filing process and return the required number of filed copies to the Planning and Community Development Department. Said copies shall show the volume and page of the Map and Plat Records into which the plat was filed by the County Clerk. Article 2.04. Subdivision Construction The requirements for construction permit and subsequent procedures are the same as outlined in Article III. Article 2.05. Acceptance of the Subdivision The requirements for such acceptance are the same as outlined in Article III. Article 2.06. General Development Requirements All development requirements shall be the same as outlined in Article 111. Article 2.07. Replat Procedure A. A public hearing is required on all replat3 when the previous plat is not vacated. (Vacation is an alternative procedure that does not require public hearing.) B. If the previous plat is not vacated and the area proposed for replatting was zoned for residential use for not more than two residential units per lot or deed restricted for same (within preceding five years), then the following procedure is required: 1. Notre by Planning and Zoning Commission (or governing body) for a pub.lic hearing must be published fifteen (15) days in advance of the hearing. PAGE 14 2. Written notice of the public hearing must be forwarded to the owners of all lots in the immediate preceding plat at least fifteen (15) days prior to the hearing; however, if the preceding plat contains more than one hundred (100) lots, the notice shall be mailed to those owners within five hundred (500) feet of the parcel to be replatted. 3. If 20 percent or more of the owners of lots in the previous plat file a written protest the Planning and Zoning Commission or governing body shall require the written approval of 66 2/3 percent of the owners of all lots in such plat or the owners of all lots in such plat within five hundred (500) feet of the property to be replatted if the preceding plat contains more than one hundred (100) lots. 4. All replats of single family lots shall also include a courtesy notice to all residents within 200 feet of the proposed replat without regard to whether such persons reside within the boundaries of the existing plat. Such notice shall be in addition to notification requirements imposed by statute; provided, however, failure to comply with such additional notification requirements shall not affect the validity of the replat proceedings. 5. All replats shall be first presented to the Planning and Zoning Commission for its recorlmendation to the City Council for final action. C. The above procedures are not required when the sole purpose of the plat is to correct errors. ARTICLE III. LAND DEVELOPMENT PROCEDURES AND PERMIT REGULATIONS CHAPI ER 1. JURISDICTION AND SCOPE The following regulations cover all lands within the City or Extra-Territorial. Jurisdiction which are being prepared whether immediate or in the future for development by reason of road construction, utility construction or service request, drainage modification, building permit request or other similar development and lot improvement activities covered by these regulations. These regulations do not ct,ver lots for which a building permit is requested in agricultural zoning districts or accessory building construction; provided that such building construction does not require additional road access or increase PAGE 15 traffic on such roads, does not require additional utility service, does not require drainage modification, does not require additional curb cuts or other similar development activities covered by these regulations. CHAPTER II. WITHHOLDING IMPROVEMENTS It shall be the policy of the City to withholl all city improvements, including the maintenance of streets and the furnishing of sewage facilities and water service, from all developments that have not been officially approved according to these regulations. No improvements should be initiated, nor contracts executed until the approval of the City has been given. CHAPTER III. PROCEDURES AND APPROVAL PROCESS: POLICIES Article 3.01. General Overview of Review Process In order to allow orderly processing of a proposed develop- ment, the procedures discussed in the following sections shall be used. The steps for approval shall include: A. Pre-design conference with Development Review Committee. (Conference may be required.) B. Annexation by the City Council (if applicable). C. Zoning by the Planning and Zoning Commission and the City Council. D. Approval of the preliminary plat and prelimirivey engineering plans by the Planning and Zoning Co-nmissior. and City Council. Approval of a general development plan for large tracts may also be required by Planning and Zoning Commission. E. Approval of the final engineering plans by the City Engineer. F. Approval of the final lot of record and engineering plans by the Planning and Zoning Commission. G. Exer,ution of development contract as furnished by City Engineer (optional). H. Recording of all. executed easements, dedications and other documents required and, if a subdivision as defined PAGE 16 herein, filing of approved plat with the Denton County Clerk. 1. Letter from the chairperson of the Development Review Committee that all approvals are complete. J. Letter to start construction from the City Engineer. (Pre-construction meeting will be required.). K. Completion of construction and acceptance of all improvements by the City Engineer. L. File final Lot of Record if contract option not taken. (See step G.) Article 3.02. Pre-Design Conference Prior to the filing of any plans, plats or proposed developments, an applicant shall consult with the Development Review Committee, unless specifically waived by the, Development Review Committee Chairman. Article 3.03. Annexation Policy It is the general policy of the City of Denton to assess on a case-by-case basis the annexation of areas in the extra- territorial jurisdiction (ETJ) when significant developments are proposed, occurring, or likely to occ in the near future. The following are guidelines for determining when annexation study should be considered: 1. Guidelines for Initiating Study A. Single family developments over five lots; or B. Multi-family, industrial or commercial developments over one acre; or C. Any area where the density exceeds 500 units per square mile; or D. Any developw-at or area that might have a significant impact upon the City, including but not limited to service costs, increased traffic, utility needs or utilization, safety or health haza.ds. When any or all of the above conditions exist, appropriate city staff shall review the proposed development for the purpose of considering annexation. The review shall also include PAGE 17 , consideration of the annexation of logical planning areas around the area of initial concern. 2. Guidelines for Scope of Study In studying the questions of whether or not an area should be annexed, the following criteria shall bs considered at a minimum: (guidelines for scope of study) A. The ability of the City to furnish normal urban services equal to other comparable areas inside the city limits. (Note: water and sewer system capabilities are considered, but lines for individual arras are normally not city financial responsibility.) B. The reliability, capacity and future public cost (if any) of current and planned provisions for community facilities such as roads, utilities, etc. (Private facilities will be considered.) C. The need and quality of land use and building controls. (Private controls will be considered.) D. Impact on the City, both current and long range, including at a minimum: 1. Fiscal cost and benefits; 2. Traffic; 3. Infrastructure of roads, utilities and other community facilities; 4. Safety or health; 5. Building/development quality; 6. Aesthetic quality; and 7. Community character. E. Conformance with or nee3 to ensure conformance with the officially adopted Master Plans of the City. If, after preliminary study, the above criteria indicate a need to consider annexation in order to promote or protect the public interest, then the City will initiate formal annexation proceedings to consider the annexation question in detail. If a property in the ETJ is contiguous to the city limits and the owner of said property desires that it be annexed in PAGE 18 order to be qualified to receive city services when available and to be afforded zoning protection, the owner may petition the City for annexation. 3. Study and Annexation Procedure A. Based upon guidelines for initiating study (Section 1) the staff is required to initiate a preliminary assessment of the area for possible annexation. B. The results of the preliminary assessment are presented to the City Council as a work session item. The City Council will review the study results and other information and make a determination whether or not formal study and public hearings and annexation proceedings should be initiated. C. If formal public hearings are initiated the planning and Zoning Commission is to review the annexation study and make a recommendation to the City Council. D. The City Council will then consider all recommendations and public comment during the prescribed public hearings phase, and make determination whether or not to initiate formal j annexation proceedings. E. Formal annexation proceedings accomplished (if applicable). F. City Council make final determination. Article 3.04. Zoning If the property is not zoned as required for the proposed subdivision, permanent zoning shall be requested. Application for zoning includes completion of application forms, payment of required fees, and performance of other requirements of the Zoning Ordinance and the rules and regulations of the City; these policies ;ray from time to time be passed or amended. Article 3.05. Preliminary Planning/Plats Preliminary plans are to be submitted, reviewed and approved prior to starting detail engineering design. Such approval of preliminary plans assures the City's concurrence and avoids costly delays if re-design is required. Preliminary plans are of two forms, G°r.eral Development Plan and Preliminary Plan. In PAGE 19 most cases both types of plans are not required. The following describes when each type of plan will be utilized. A. General Development Plan When a development is a portion of a large tract under one ownership or is to be developed in phases, the developer may be required to submit a General Development Plan for review and approval by the Planning and Zoning Commission. This plan should include the portion to be first developed and, if so done, will constitute the preliminary plan for such section. The section to be first developed will require information as detailed in the preliminary plan requirements comprising 3.05 (B). When appropriate or if required by the Planning and Zoning Commission, more than one tract or subdivision may be included within the General Plan. The purpose of the General Development Plan is to allow the Planning and Zoning Commission to review proposed major thoroughfare and collector street patterns, land use, and the relationship to adjoining subdivisions or properties. A General Development Plan shall be construed to be a detailing of the Comprehensive Plan. The following guidelines shall. be utilized to determine when such a plan will be required: 1. When a development is a portion of a larger tract under one ownership. 2. A proposed subdivision is to be developed in phases. 3. When o£fsite road, drainage, or utility connections have major alternative possibilities. 4. When a proposed development's roads, drainage, utilities or other such improvements may have a major impact on adjacent or nearby private or public properties. 5. When the impact of offsite roads, drainage, utilities or other such improvements cannot be determined by a limited area plan. Information Required on General Development Plan The following information is required on all General Development Plans submitted unless wsived by the Development Review Committee. PAGE 20 1. The study shall show the names of adjacent subdivi- sions or the names of owners of record of adjoining parcels of unsubdivided land. 2. The study shall contain the existing zoning on adjoining land; the location, width, and names of all existing or platted streets or other public ways within or adjacent to the tract; existing permanent buildings; railroad rights-of-way; topo- graphy; existing utilities and other important features such as political subdivision or corporate limits and school district boundaries. 3. The study shall show the layout and width of proposed thoroughfares and collector streets. 4. The study shall show the proposed land uses by area and with a tabulation summary of acres, density and populations. S. The study shall provide a location map showing location of tract by reference to existing streets or highways. S. Preliminary Plans (or Plats) A Preliminary Plan is required for all proposed subdivisions, lot improvements and developments within the City and ETJ in order to provide the City with the preliminary plans for the development. The Preliminary Plan review is intended to produce a subdivision design in which all community planning factors have been recognized and reconciled. Compared to a General Plan, it provides more detail such as lotting layout, residen- tial streets, drainage pattern, etc., but not the detail of a Final Plan, in which engineering requirements of dimensional precision are the major objective. Information Required on Preliminary Plan (or Plat) On one or more drawings the following information is to be provided unless specifically waived by the Development Review Committee: 1. Scale The Preliminary Plat shall be drawn to a scale of l" a 100' or 1" a SO' except that under special conditions a smaller or larger scale may be accepted when prior approval of the De.elopment Review Committee Chairman has been obtained. 2. Ownership and Identification a) Name of the subdivider or developer, record owner, and land planner, engineer, or surveyor. b) Proposed name of the subdivision or lot of r record. PAGE 21 c) Location of development by City, County and State. d) Key map showing location of tract by reference to existing streets or highways. e) Date of preparation, scale of plat and north arrow. i) Development boundary lines, indicated by heavy lines, and the computed acreage of the development. g) Name of the owners of contiguous parcels of unsubdivided land, the names of contiguous subdivisions, and the lot patterns of these subdivisions shown by dotted o. dashed lines. h) Location of city limit lines and/or the outer border of Vie City's extra-territorial jurisdiction as provided by the City if they traverse the subdivision or form part of the boundary of the subdivision or are contiguous to such boundary. 3. Existing Conditions a) The location, dimensions, name, and description of all existing or recorded public and private right-of-way, including easements, within the subdivision as well as those intersecting or contiguous with its boundaries or forming such boundaries. b) The location, dimensions, identification or name of all existing or recorded residential lots, parks, and public areas within the subdivisions. c) Permanent structures and uses within the subdivi- sion including location of houses, barns, wails, wells, tanks and other significant features that will remain. d) The location, dimensions, description, and flow line of existing drainage structures and the location flow line and flood plain as defined by the appropriate study of existing water courses within the subdivision. e) Utilities on the tract, specifying size of lines and those which are transmission lines. f) Topography shown by contour lines on a basis of a two-foot vertical interval. If such an interval is not available, a five-foot interval is acceptable. g) If there is no adjacent subdivision, a map on a small scale shall be included with the Preliminary Plan, and oriented the same way, to show the nearest subdivision in each direction; it shall show how the streets or highways in the subdivision plan submitted may connect with those in the nearest subdivision if such connections affect the subdivision design. PAGE 22 4. Proposei Layout a) Any major proposed changes in topography shown by contour lines on a basis of a two-feet vertical interval, unless otherwise specified by the City Engineer. b? The location, dimensions, description, and purpose of all proposed alleys, drainage ways, parks, open spaces, other public areas, reservations, easements, or other right-of-way, and blocks, lots and other sites within the subdivision that significantly affect the overall subdivision design. c) A number or letter to identify each lot or site and each block. d) Data specifying the gross area of the subdivision, the proposed number of residential lots,, the area in residential use, the approximate area in parks, and the area in other non-residential uses. e) Identification all existing zoning districts. f) Show the location and size of water and sanitary sewer mains which will be required to ensure adequate service and fire protection to the lots specified in such proposed development or subdivision, unless waived by the Development Review Committee. g) A "preliminary drainage study" is to be submitted concurrent with the submittal of any Preliminary Plan to the City, unless expressly waived by the Development Review Committee. The study shall include a draip:,ge area map designating drainage areas and sui.-nary of calcu- lation of sufficient detail to assess preliminary sizing of Lajor drainage facilities. Also all areas outside of drainage easements or street right-of-way that will be inundated by the 100 year flood shall be shown. C. Procedure for Preliminary Plan and General Flan Processing 1. Pre-design Conference. A pre-design conference with the Development Review Committee is required unless expressly waived by the Committee's Chairperson. 2. Submittal. Application and fifteen (15) copies of necessary plans and supporting documents shall be submitted to the Planning and Community Deve- lopment Department at least ten (10) wcrking days prior to the regularly scheduled Planning and Zoning Commission meeting. A copy of the pro- cessing and meeting schedule shall be approved by the Planning and Zoning Commission and filed in the Planningg and Community Development Department and with Re City Secretary. Total review and processing time by the Planning and Zoning Com- mission shall not be more than thirty (30) days. PAGE 23 3. Schedule of Fees. Lists of fees approved by the City Council shall be on file with the Director of Planning and Community Development. No resubmittal fee shall be required when action is dirf_~ted from the Commission for further study and the resubmittal is made within six (6) months of original submission. 4. Ten (10) days prior to the regularly scheduled Planning and Zoning Commission meeting, a courtesy notice to all abutting property owners shall be given by the Planning and Community Development Department for plans over one hundred (100) acres. S. The staff Development Review Committee (DRC). The DRC shall review the plans and make a report of their findings for forwarding to the Planning and Zoning Commission. The applicant will be afforded an opportunity to meet with the Com- mittee and discuss the report's preliminary conclusions prior to the drafting of the Committee's final report. 6. The Planning and Zoning Commission at a regularly scheduled meeting shall review the plans and make its recommendation. 7. The Preliminary Plan, including all conditional requirements, shall then be placed on the agenda of the City Council for final action. D. Approval Time Approval of the Preliminary Plan and/or General Plan shall expire after a period of twenty-four (24) months from the date of approval unless a Lot of Record has been submitted on all or part of the Preliminary or General plan; the Lot of Record submission will automatically extend approval of the remaining vortion of the Preliminary Plat for another twenty-four (24) month period. However, in no case shall a Preliminary Plan or Plat remain in force more than ten (10) years, unless extended by the Planning and Zoning Commission. Article 3.06. Final Development Review and Permit Procedures A. Purpose The purpose of final permit review is twofold. First, it is to provide the map which becomes the official lot of record of the division of land or development site whichever the case may be. It shall conform substantially to the Preliminary Plan as approved by the City Council. The Lot PAGE 24 of Record shall be clearly and legibly drawn in ink on reproducible material and shall be certified as provided in the regulation. It may include all or only a portion of the area of the approved Preliminary Plan. However, the final plat cannot exclude an area solely for the purpose of avoiding off-site improvements such as drainage, for example. In such cases the necessary improvements outside the area of the final plat can be required. Whether such off-site improvements will be required shall be determined by the Planning and Zoning Commission based -jpon one or more of the following guidelines: 1. The off-site improvement contributes to the use and function of the lot(s) being platted. i i 2. The excluded area is considered as undevelopable lot. 3. The off-site improvement ties into or is part of a continuous system that is already in place. Approval of Che Lot of Record can be considered the same as the development permit approval step since no subdivision plat may be recorded or no building permit approved until the Lot of Record has been approved. Second, part of the process is to receive, review and approve engineering plans. Engineering plans showing details of streets, sidewalks, alleys, culverts, bridges, storm sewers, drainage channels, water mains, sanitary sewers and other engineering details of the proposed development shall be approved prior to approval of the Lot of Record. Such plans shall be prepared by a. Professional Engineer registered in the State of Texas end shall conform to the design standards estab- lished by the City of Denton. The Lot of Record will not be recommended for approval to the Planning and Zoning Commission until detailed engineering plans have been approved by the City Engineer. If public improvements are to be undertaken on or in conjunctiion with an approved Lot of Record and no changes are proposed or needed on that Lot of Record, then engineering plans PAGE 25 shot".: include a copy of the approved Lot of Record. Engineering Plans will be reviewed according to the same procedure outlined in this section except reapproval of the Lot of Record is nog required. 8. Information Required on Lot(s) of Record Map The final map of the Lot(s) of Record may constitute all or only a portion of the approved Preliminary Plan or Plat, but any portion thereof shall conform to all of the requirements of these regulations. If final plans or plats are submitted for approval by portions or sections of the proposed subdivision, each portion or section shall carry the name of the entire subdivision but shall bear a distinguishing letter, number or subtitle. Block letters shall run consecutively throughout the entire subdivision, even though such subdivisions might be finally approved in sections. Lot and block numbers of an approved lot of record not required to be recorded with the County as a subdivision shall not be used to reference such property for the purposes of title or conveyance, nor may the name of such lot of record infer that the property is a recordable subdivision. The fact that the lot of record is not a recorded subdivision shall be noted on the City's records. 1. Scale The Lot (s) of Record Map shall be drawn to a scale of 1" - 100' or 1" = 50' except that under special conditions a smaller or larger scale may be accepted when prior approval of the Planning Director has been obtained. The size of the map shall be 18" x 24". 2. Contents: Reference and Identifications a) Proposed title or name of subdivision or deve- lopment, written and graphic scale, north arrow, date, and a key map. b) Location of the subdivision or development by City, County and State. c) Primary control points or descriptions and ties to such control points, to which dimen- sions, angles, bearings and similar data shall be referred. At least one corner shall be tied by course and distance to a corner to a recorded subdivision or to a survey corner. A PAGE 26 note describing the corner marker should be included. d) Tract boundary lines, right-of-way lines or streets, easements and other rights-of-way, and property lines and building lines of residential lots and other sides. e) Adequate location data in order to reproduce the tract or subdivision on the ground. E) Approved name and right-of-way width of each street. g) Locations, dimensions and purposes of any easements or other rights-of-way. h) Identification of each lot or site and block by letter or number. i) Boundary lines and names of open spaces to be dedicated for public use or granted 'or use of the inhabitants of the subdivision or development. j) Reference to recorded subdivision plats or adjoining platted land by record name. k) All required dedication and certification statements. C. Construction Plans - Information Required Construction plan and profile sheets for all public improve- ments shall be reviewed prior tc approval of the final plat. The approval of the final plat will not be recommended to the Planning and Zoning Commission until the construction plans have been approved by the City Engineer. Construction plans and profiles shall be drawn on sheets measuring twenty-two (22) or twenty-four (24) by thirty-six (36) inches. Each sheet shall include north point, scale, and date. Bench mark description to sea level datum shall be included with the plans. Each sheet shall show the seal and signature of the registered professional civil engineer who prvoared the plans, and shall include the following, unless specifically approved otherwise by the City Engineer: 1. A plan and profile of each street with top of curb grades shown. Scale shall be 111=40' horizontally, and appropriate vertical scale. 2. The cross-section of proposed streets, alleys, and sidewalks showing the width and type of pave- ment, base and subgrade, and location within the right-of-way. PAGE 27 3. A plan and profile of proposed sanitary sewers, with grades and pips sizes indicated and showing locations of manholes, cleanouts, and other appurtenances, and a cross section of embedment. 4. A plan of the proposed water distribution system showing pipe sizes and location of valves, fire hydrants, fittings and other appurtenances, with a section showing embedment. S. 1. plan to scale of all areas contributing storm water runoff or drainage within and surrounding the proposed subdivision. Such plan shall indi- cate size of areas, storm frequency and duration data, amounts of runoff, points of concentration, and other data necessary to adequately design drainage facilities for the area. 6. A plan and profile of proposed storm sewers, showing hydraulic data, pipe grades and sizes, manholes, inlets, pipe connections, culverts, outlet structures, bridges, and other structures. 7. Profile views of individual improvements shall have no more than two improvements on one sheet unless specifically approved by the City Engineer. The project engineer is responsible for the accuracy, completeness and conformance to city standards. The purpose of the City review is to assure conformance to city policies and standards. However the City review is limited to facts as presented on submitted plans. The City takes no project engineering responsibility. The engineer certifying the plans is the engineer responsible for the accuracy and completeness of the docurants submitted for review and actual construction. The City reserves the right to require corrections to actual conditions in the field which are found to be contrary to or omitted from submitted plans. D. Engineering Plans and Final Lot of Record Processing Procedures: 1. Preliminary Review of Final Maps and engineering Plans: Three (3) complete sets of preliminary engineering plans and fifteen (15) copies of the Lot(s) of Record shall be submitted to the Deve- lopment Review Committee Chairperson seven (7) working days prior to a regularly scheduled Development Review Committee meeting. Comments from the preliminary review will be given to the applicant for his/her consideration prior to the submission of the final plans to the Planning and Community Development uepartment for requested Planning and Zoning Commission approval. The preliminary review by the Development Review Committee will be no longer than seven (7) workin_1 days, except for unique or extremely Large projects (over 100 acres). 2. Public Utilities Hoard Hearing and Recommendation required for: PAGE 28 a) Service to new areas outside the corporate limits of the City. b) Request for alternative utility system. 3. Final Lot of Record Map and Final Engineering Plans Submission: Ten (10) working days prior to the regularly scheduled Planning and Zoning Commission meeting the applicant shall submit fifteen (15) copies of the final Lot of Record and three (3) sets of final engineering plans (as described in subsection 3.06 B and C) to the Planning and Community Development Department. The Planning and Zoning Commission shall act within thirty (30) days from date of official written request by applicant and deliverance of prescribed fee. Failure to act within thirty (30) days on the Final Lot of Record will be considered an approval of the Final Lot of Record. 4. Schedule of fees: Lists of fees approved by the City Council will be on file with the Director of Planning. S. Staff Development Review Committee. The Development Review Committee shall review the plat and plans and make a report of their findings for the Planning and Zoning Commission. The applicant shall be afforded the opportunity to meet with the Committee and discuss the report's preliminary conclusions prior to Vie drafting of its final report. 6. Planning and Zoning Commission Review: The Planning and Zoning Commission at its regularly scheduled meeting shall review and approve the Lot of Record. 7. Forwarding to City Council: The City Council will be forwarded Lots of Record involving determination of City cost participation. E. Approval and Recording of Lot of Record One (1) reproducible and two (2) other paper copies of the Lot of Record with all required signatures and three (3) copies of the final approved engineering plans are required before the Lot of Record can be recorded with the County Clerk or the City and before building permits are issued or before land development permit can be issued. The filing of the Lot of Record is subject to the following conditions: 1. The completion and acceptance of required public improvements; or 2. The execution of a development contract with the City (see subsection 3.07). PAGE 29 If an approved Lot of Record plat has not been filed within two (2) years, it shall be considered null and void unless an extension is granted by the Planning and Zoning Commission. Disapproval of a Final Lot of Record Plat by the Planning and Zoning Commission shall be deemed a refusal by the City to accept the offered dedications shown thereon. Approval of a Final Lot of Record Plat shall not be deemed an acceptance of the proposed dedications and shall not impose any duty upon the City concerning the maintenance or improvements of any such dedicated parts until the proper authorities of the City have both given their written acceptance of the improvements and have actually appropriated the same by entry, use, or improvement. Article 3.07. Construction Phase Procedural Requirements and Policies A. Approval Required for Construction Start: 1. Certification of plans and plats approved: Before any construction can begin, a developer must secure an approved Lot of Record and an official written notice from the chairperson of the staff Development Review Committee that certifies that all development plan review and approval are complete. 2. Pre-construction conference and/or agreements required: a) Development contract agreement (required for construction authorization if a Lot cf Record is to be filed prior to completion of improvements). The contractor shall furnish to the City Engineer, before beginning any improvement operation, three (3) executed sets of the required development contract documents, including payment, performance and maintenance bonds. The form of these documents shall be provided to the contractor by the Engineering Department. Among other things this contract will outline performance of the work and any other agreement between the City and developer. Should the developer and the contractor be one and the same, then the payment bond may be waived by the City Engineer. The Development Contract required by the City of Denton shall as a minimum meet the follow- ing guidelines. More detailed standard provisions shall be provided by the City Engineer as approved by the Planning and Zoning Commission pursuant to Article 4.02. PAGE 30 Development Contract Minimum Provisions: (1) Outline the improvements, exact location, name, and times of construction of each portion of the improvements. (2) All improvements shall be constructed under City of Denton standard specifications. (3) Performance of work and payments to contrac- tors by the developer shall follow all legal restrictions according to the applicable bond or the City may institute legal proceedings. (4) Maintenance bond for required percentage of improvement contract amount by the contractor. (5) A performance bond shall be submitted by the developer for a required percentage of the subdivision contract. (6) A payment bond shall be submitted by the developer for a required percentage of the subdivision contract. (7) Performance standards for the developer and all his work crews should meet the following: (a) The liming process for the street subgrade shall not be interrupted or driven nn or through during lime application or either remixing process. (b) Curb and gutter (concrete) shall not be driven over or on until a minimum of seven (7) curing days have passed. If cylinders are taken on the concrete, results of compression tests shall be used to deter- mine the proper curing time (7-28 days). (c) Asphalt pavements shall not be driven on until the City releases the pavement as a fullstrength pavement. (d) Sewer lines, manholes, Services and clean- outs shall not be operated or connected to private service lines ►,y the developer's personnel until a%thorizat:on is given by the city inspector on the project. (e) Water lines, valves, fire hydrants, and services shall not be operated or con- nected to private service lines until authorized by the city inspector on the project. (8) The developer shall deposit in escrow the amount of two thousand dollars ($2,000.00) to be used if any home or other type building is occupied by a buyer before all improvements (streets, drainage, water, and sewer) are accepted by the City of Denton. Acceptance of improvements means all final punch list items, regardless of size or importance have been completed and the required maintenance bond and two (2) sets of as-built drawings submitted to the City of Denton. PAGE 31 I Violation of the occupancy rule before project completion shall require that the two thousand dollar ($2,000.00) amount be forfeited to the City of Denton and that all building inspections shall cease until the required improvements are finished. b) Pre-Construction Conference At the discretion of the City Engineer a pre-construction conference between the City, developer and contractor may be required. c) Letter of Authorization to Proceed The City Engineer will authorize in writing that the above steps are complete and that the contractor is authorized to proceed. 8. Construction Inspection and Acceptance The develoner shall cause his engineer to design, stake and help interpret the plans during construction of improvements and shall cause his contractor to construct the said improvements in accordance with these regulations and the approved Lot of Record and engineering plans. The approved engineering plan shall be so marked on the face by Lthe City Engineer. When found to be installed and completed in accordance with the plans and speci- fications as certified in writing by the City Engineer and upon receipt by the City of Denton of 1 one (1) year maintenance bond from each separate contractor in the amount of 10 percent of the contract price, a sepia set of "as built" plans acceptable to the City Engineer, a letter of the contractor's co.apliance with these regulations, then the City Engineer shall receive and approve for the City of Denton the title, use and maintenance of the improvements. The City Engineer, or his duly authorized representatives, shall be required to inspect fully any and all phases of the construction of improvements for subdivisions. The subdivider, or his contractor, should maintain daily contact with the City Engineer, or his representative, during construc- tion of improvements. No sanitary sewer, water, or storm sewer pipe shall be covered without approv,il of the City Engineer, or his representative. No flexible base material, subgrade material, or stabilization shall be applied to the street PAGG 32 subgrade without said approval. No concrete may be poured nor asphaltic surface applied to the base without said approval. The City Engineer, or his representative, may at any time cause any construction installation, maintenance, or location or improvements to cease when in his judgment, the requirements of this ordinance or the standards and specifications as herein- before provided have been violated, and may require such reconstruction or other work as may be necessary to correct any such violation. C. Cost of Improvements and City Participation All required improvements shall be made by the applicant, at his expense, accp,eling to the officially adopted Master Plans, without reimbursement by the City of Denton except for certain oversized or city participation provisions of this ordinance as may be expressly authorized by the City Council and paid as funds are available. The remainder of this paragraph provides general participation policy and procedure; the General Ccsign standard (Chapter IV) provides specific conditions for oversized participation in water, sewer and streets. Reimburse- ment costs shall be based on actual installation cost where larger facilities are required by the City. The City will participate in the cost of any water line having an inside diameter greater than eight (8) inches and of any sanitary sewer line having an inside diameter greater than ten (10) inches if not required by the development. Streets larger than thirty-four (34) feet as required by the City shall be considered oversized. Any requests by the developer for payment shall be made in writing and shall be presented to the Director of Utilities or to the City Engineer fir study. The City Engineer shall present his findings, along with his recommen- dations for payment, to the City Council for final approval. D. Subdivider to Extend Mains to Subdivisions If the existing City mains and/or streets are not within or adjacent to a subdivision, the developer, unless_ exempt, shall PAGE 33 construct the nec(assary extension as specified in this ordinance. These mains/streets shall be constructed in accordance with the Master Plan of City. These facilities shall be in easements, secured and paid for by the developer. Such easements shall be properly assigned to the Pity of Denton before service is extended to the subdivision. in ca es where easements cannot be secured, the developer may petition the City to authorize condemnation proceedings. However, the City will not be liable for any cost. 1. Criteria for Extensions For the City to consider using condemnation authority for assistance to extend mains to a subdivision area, a clear evidence of public need and interest must be shown by the applicant. The following criteria are presented as guidelines in considering such public need or interest: a) The proposed extension must be in accordance with the officially adopted Master Utility Plan. b) The proposed extension must be such that it will be able to serve other development areas. c) The proposed extension must be supportive of the Denton Development Guide. d) The proposed extension will substantially help the overall city economy. (For example, it will serve a new plant that employs over fifty people.) e) The proposed extension will help alleviate a critical community need. (For example, it would open an area for low income housing that would not otherwise be provided.) f) The extension, if for immediate health reasons, can be construed as an overwhelming public need. 2. Review Procedure The applicant for such requests must present a written application justifying public need and interest. in addition, tt:e applicant must present written evidence that he has made every practical attempt tc secure needed easements. This evidence must include an appraisal by an independent fee appraiser as to the current market value and damages (if any) of the easement and documentation that an offer has been made of at least the amount of the appraisal. Such application shall be forwarded to the chairperson of the Development Review Committee for review and recommendation. PAGE 34 Upon notice of such application the City, at least ten (10) days prior to the hearing, will notify all property owners within the proposed easement line and two hundred (200) feet therefrom. A hearing of facts by the Public Utilities Board and Planning and Zoning Commission with recom- mendation to the City Council will be required. Determination of the City Council will be final. E. Construction Requirement before Issuance of Building Permits The City Engineer, at his discretion, may authorize building permits within the subdivision if a development contract is executed and the following condition is met: Unless otherwise provided for in the development contract, adequate water inL:allation and all-weather fire lanes or roads must be complete to ensure adequate fire protection. Article 3.08. Combined Approval of Preliminary Plat an3 Lot of Record--Optional Procedure A. Criteria for Preliminary and Final Lot of Record Plat The subdivider has the option to combine the Preliminary Plat, Lot of Record and engineering plans processes. This optional procedure is available when: 1. The tract to be subdivided (or developed) affects not more than twenty (20) lots, or five (S) acres. 2. The subdivision or development does not change any street locations and/or does not affect or involve any collector or major thoroughfare streets. 3. The area does not involve directly or indirectly any proposed community facility areas, does not require extensive easements, or is not in an area of extensive flood plains or one raising drainage questions or any other similar community planning consideration. B. Processing Procedure The processing procedure shall be the same as previously outlined for final plan processing except the processing step il, preliminary review of final maps, plats or engineering plan is not required. Article 3.09. Special Planned Development Zoning Districts Where it is proposed to develop a unified residential, commercial, industrial and/or institutional project under a PAGE 35 Planned Development zoning, the Planning and Zoning Commission may recommend to the City Council the variance of specific requirements of this ordinance based on a detailed site development plan. Such modification shall be governed by the Planned Develop- ment ordinance standards for granting such modification from normal standards (refer to the Zoning Ordinance for more detail). Planned Development zoning is an optimal zoning and subdivision process intended to provide an avenue to apply new and inventive planning concepts that are not readily accommodated by tradi- tional regulations. In reviewing Planned Development plans traditional standards are utilized as the base standard for comparison and gui&ince. Any modification of those standards must meet all of the following criteria: A. The modified proposal would conform to the City Master Plans. B. Gran*ing the modification will not have the effect of preventing the orderly subdivision of other land use in the area. C. The need for a variance of requirements to accomplish a unique project design, as distinguished from a need for a variance for personal convenience. D. The proposed development cannot be readily accomplished through standard zoning districts or subdivision processes. E. The proposed modification substantially accomplished the intent of the standard and improves the overall development design. (Even though the modification may not meet the letter of the applicable standard, it provides for a better project design. For example: The requirement for drainage piping in residential streets might be waived if the design maintains all building lines out of the 100-year flood plain and the system is designed to provide retention qualities that helps correct downstream drainage problems, as well as provide aesthetic qualities to the project.) PAGE 36 CHAPTER IV. GENERAL DESIGN STANDARDS AND IMPROVEMENTS REQUIRED Article 4.01. Purpose The purpose of this section is to outline the basic design and improvement standards and policies for development within the City of Denton. It is intended that these standards set the basic development policies for the City and act as the guiding ordinance to other related ordinances, regulations and official plans. Other rules, ordinances, regulations and plans that must be coordinated with these general standards include: A. Building and Housing Codes; B. Zoning Ordinance; C. Engineering Standard Construction Specifications; D. Utility Ordinance; E. Flood Damage Prevention; F. Fire Codes; G. All officially adopted Master Plans; and H. Capital Improvement Plan. Article 4.02. Authority of the Development Review Committee to Recommend Standards and Specifications The Development Review Committee is hereby authorized and directed to recommend standards and specifications for the design and construction of curbs, street lights, street signs, alleys, utility layouts, utility easements, sidewalks, water supply and distribution systems, fire hydra,its, sewage disposal systems, drainage facilities, and other ;)ublic improvements, and related processing documents, contracts and procedures. They shall file same with the Planning and Zoning Commission and/or Public Utilities Board at least thirty (30) days before they shall become effective. They may amend the specifications from time to time, provided that an amendment shall be filed with the appropriate board or commission at least thirty (30) days before it becomes effective and no objection or modifica- tion is required by the board or commission. No such standards PAGE 37 or specifications shall crniflict with this or any other ordinances of the City of Denton. All such plans and improvements shall be processed, designed, constructed, installed, located, and arranged by the Subdivider or developer in accordance with such rules, regulations, stan- dards, procedures and specifications. Article 4.03. Street Standards and Policy In general, streets should conform to the Master Thoroughfare Plan and the following standards. The major street plan can be amended as needed by the City Council as recommended by the Planning and Zoning Commission. The collector street portion of the master thoroughfare plan can be amended .s :^.eded by the Planning and Zoning Commission according to the collector street criteria set forth in the following collector street subsection. A. Street-Right-of-Way The owner shall be required to dedicate street right-of-way as shown in the officially adopted Thoroughfare Plan, and accord- ing to the standards and criteria shown below: 1. Standards and Criteria for Right-of-Way and Alignment a) Major Arterials (Primary) Basic Functional Classification Criteria These streets transverse the city; usually are eighty (80) to one hundred twenty (120) feet rights-of-way;anu a landscaped boulevard and parkway are desirable, if economically feasible including maintenance cost. Technical Classification Criteria (1) The route is a major crosstown route; or (2) Major route into town (major regional route to Denton); or (3) Major connection to one or core of Denton's four major centers; and (4) Exhibits design criteria: (a) Projected year 2000, volumes exceeding 2100/23,000 vehicles per hour/vehicles per day. (b) Projected route does not have any mai<- engineering obstacle. PAGE 38 (c) The projected route takes into account any existing parallel routes that might exhibit better traffic flow than the projected route. b) Major Arterial (Secondary) Basic Functional Classification Criteria These streets connect major sections of town and usually have a right-of-way of sixty (60) to eighty (80) feet. Technical Classification Criteria (1) The route is a major connection between different sections of town; or (2) Major connection between two different primary arterials; or (3) Major connection to one or more of Denton's moderate intensity areas; and (4) Exhibits design criteria: (a) Projected year 2000, volumes exceeding 1266/12,600 vehicles per hour/vehicles per day. (b) Projected route does not have any major engineering obstacle. (c) The projected route takes into account any existing parallel routes that might exhibit better traffic flow than the projected route. c) Collector Streets Basic Functional Classification Criteria These are not shown on the major street map in the Denton Development Guide but are specified in a separate map* that is updated yearly by the Planning and Zoning Commission and modified as needed by subdivision review of detailed site design. Collector street design should include consideration for all modes of individual transportation. Collector street planning is subject to the following policy criteria: (1) At least one collector street per area between arterials to collect neighborhood traffic to the major arteriais. (2) Collector street (or larger) required for higher intensity land uses such as apart- ments (apartments usually defined as a minimum 12 units/acre on two or more acres), industrial areas, and commercial areas. The major criteria for collector street location are these written policies, and the map is only a secondary guide. (For major streets, the map is primary.) PAGE 39 (3) As intensity increases, the number of collectors required increases. Collector streets should not be allowed to be incrementally linked-up until a major arterial is created. This procedure is the same as setting policy to change land use intensity. If such a land use intensity change is desir- able, the Denton Development Guide should first be changed to so indicate the activity center prior to designating a new arterial on the thoroughfare plan. Technical Classification Criteria (1) Collects neighborhood traffic and feeds to major arterials. (2) In low density area, normally spaced at one- fourth to one-half mile intervals. In high intensity areas, may be spaced every block. (3) Usually exhibits the following design criteria: (a) Projected year 2000, volume exceeding 790 vehicles per hour or 7100 vehicles per day; (b) Projected route does not have any major engineering obstacle. d) Residential (Single or 2 Family) or Local Streets- 50 feet e) Streets in Apartments, Commercial or Industrial Area-60 feet (Collector Street) f) Residential Estate Subdivisions Streets-60 feet (As defined under subsection M.) 2. Required Dedication Criteria: When eialuating the need to require mandatory right- of-way dedication in a recordable subdivision, the following general requirements shall be met unless unique public interest conditions exist which would make these guidelines in part or in whole not appropriate: a) The proposed land use -equires or causes the need for such improvement requiring additional right-of-way. b) The officially adopte3 Thoroughfare Plan of the City and these standar~s indicate a public need. c) The amount of required dedication is considered reasonabl. .,;0,ch is generally defined in large subdivisions (over 100 acres) as not more than 35 percent of the property and in small tracts as a lesser percent depending on the tract size. d) The required dedication is shown to enhance the use and function of the property. PAGE 40 i B. Design Requirements The following design guidelines shall be followed. Interpre- tation of street need classification shall be 3overned first by the approved Thoroughfare Plan. if outside the detail of the Thoroughfare Plan, street classification shall be interpreted on the basis of need as determined by the Plan after a report from the Development Review Committee on overall thoroughfare planking including the projected vehicle trips per day with full development. Tn the case of existing topographic features which prohibit the reasonable use of the following specified design requirements, consideration will be given for a variation. A request for such a variation must be made in writing to the Development Review Committee for its approval and must include an accurate topographic map of the area in question showing the proposed design. Design requirements are summarized as Table 1. 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Street Cost and City Participation The owner shall be responsible and pay all costs for the design and construction of all streets within his development except streets over thirty-fc:~r (34) feet as required by the City as defined below. The developer shall build these streets in accordance with city standards. The City will participate in the paving cost only (subject to funds available and approval of City Council) on street paving costs above a thirty-four (34) foot pavement section on streets required by the City, above and beyond the traffic needs of the proposed development. D. Relation to Adjoining Street System The proposed street system shall extend all existing major streets and such collector streets up to logical termination according to the preceding criteria. Local access streets are to be extended as may be desirable for public safety and convenience of circulation. Where possible, the width and the horizontal and vertical alignment of extended streets shall be preserved. E. Street Jogs Where off-sets (jogs) in street alignment are in the opinion of the Planning and Zoning Commision desirable, such off-sets may be employed provided the distance between centor lines is not less than one hundred twenty-five (125) feet. F. Cul-de-Sacs and Dead-end Streets 1. The maximum length of a cul-de-sac or dead-end street with a permanent turnaround shall usually be one thousand (1000) feet, except under unusual conditions with the approval of the Planning and Zoning Commission. 2. Turnarounds are to have a minimum right-o:-way width of one hundred (100) feat and a minimum forty (40) foot outside radius for single-family and two-family uses, and a minimum right-of-way width of one hundred twenty (120) feet and a minimum fifty (50) foot outside radius for all other uses. 3. Temporary dead-end streets may be approved by the Planning and Zoning Commission if adequate, all-weather turnaround is provided. "Adequate, all-weather turnaround" is defined as a turn- around that is of sufficient size to accommodate PAGE 43 fire and sanitation vehicles and is of a construction quality comparable to standard road cross-sections. G. Street Intersection Except where existing conditions will not permit, all streets shall intersect at a ninety degree (900) angle. Variations of more than ten degrees (100) on Residential or Local streets and more than five degrees (50) on Collectors and Thoroughfares must have the approval of the Planning and Zoning Commission. H. Perimeter Streets 1. General Partial or half-streets may be provided where the Planning and Zoning Commission feels that a street should be located along a property line. Wherever a half-street has already been provided adjacent to an area to be subdivided, the other remaining portion of the street shall be platted with such subdivision. Where part of a street is being dedicated along a common property line, the first dedication shall be one-half of the proposed street right-of-way. 2. Unimproved Perimeter Streets Adjacent to Subdivi- sions and Development Lots. a) The term "unimproved street" shall mean a public thoroughfare without paved curb and gutter which affords access by vehicles and pedestrians to abutting property. b) Upon any land being subdivided or utherwise developed in an area adjacent to existing unimproved streets (excluding State or Federal highways), the developer shall bear half the total cost of paving (up to 17 foot width) and installing curb and gutter for all such unimproved perimeter streets adjacent to the area being subdivided or otherwise developed. Provided, however, that the Planning and Zoning Commission may either waive or postpone this requirement in the manner as set forth below. (1) For the following listed developments, the Planning and Zoning Commission may waive the required improvements of an unimproved street by the developer after considering such factors as: (1) the extent of exist- ing and anticipated development in the area; (2) the amount of anticipated vehicular and pedestrian traffic; and (3) the current condition of the unimproved streets under consideration: (a) Single family development not exceed- ing three (3) acres in size or three (3) lots; or PAGE 44 (b) Industrial, commercial, or multi-family deve- lopment not exceeding three (3) acres in size. (2) In all developments, the Planning and Zoning Commission may postpone the jegPAred Improve- ments of an unimproved street by the developer should it be determined that such improvements are not feasible or desirable at the time of development. If such improvements are post- poned, the developer shall either: (a) Post an approved performance bond acceptable to the City for one and one-half the current estimated cost of construction and enter into a written agreement with the City obligating the developer to pay for such costs; or (b) Place his pro-rata share (half the total cost of paving and installing curb and gutter for the unimproved street) in an escrow account with a Denton bank acceptable to the City and enter into a written agreement obligating the developer to pay such pro-rata share. Said interest from such an escrow account shall be made payable to the City to offset inflationary costs of construction. If the funds are not used within nine (9) years the City shall hold a public hearing to show clear intent to improve the road within one year; if no such intent is shown, the funds and interest will be returned. (3) Any developer who builds one-half the street and desires to provide ultimate drainage facilities for the whole street will be able to collect up to one-half of the cost of the drainage improve- ments when adjacent properties develop by signing an appropriate pro-rata agreement with the City of Denton. If it is not financially feasible for the developer to prcvide drainage improvements in accordance with the City of Denton drainage design standards due to the need to rebuild downstream structure or to do extensive amounts of off-site work, the Planning and Zoning Commission may choose to accept cash payment in the amount of 50 percent of the cost of the drainage system as shown on the City of Denton Master Drainage Plan or comparable study in lieu of the drainage improvements. I. Driveway/Median Cuts 1. Residential Driveway Access to Arterial Streets Residential driveway access to arterial streets should not be permitted except for major multiple family "cluster" developments. 2. Number of Direct Access Driveways (Curb Cuts): • a) Street Classification No. of Curb Cuts Primary Arterial Only for major generators under specific conditions (See b & c below) PAGE 45 Secondary Arterial 1 per 200 feet of frontage Collector 2 per 100 feet of frontage Local (Residential) 10 foot separation unless joint access b) It is the policy of the City to discourage driveway cuts onto the w,jor arteries of the City. Driveway cuts onto the City's major streets will be allowed only when: (1) There is no other feasible alternative; or (2) Traffic engineering studies clearly show a need which such study shall use the following criteria (subsection c; as part of the need evaluation. c) More driveways than permitted in the above chart may be needed. Such additional drive- ways can be permitted under the following conditions: (1) If the daily volume using one driveway would exceed five thousand (5,000) vehicles (both directions). (2) If the on site peak hour traffic volume exceeds five hundred (500) vehicles per hour (both directions). (3) A competent professional traffic analysis shows that traffic conditions Tarrant more driveways. Part of this study must include data indicating volumes compared to above standards and must show how alternative arrangements, joint access, etc, will not work. d) Every separately owned lot of record will be permitted access through one driveway, either on the parcel or as part of joint access. 3. Spacing of Direct Access/Driveways (Curb Cuts) For Commercial or Multi-family Driveways shall be spaced a minimum of two hundred (200) feet apart on arterial streets and fifty (50) feet apart on collector streets. In unique circumstances, where such spacing would create a hardship, the spacing can be reduced by one of the following methods: a) On arterial streets where the average spacing of driveways within three hundred (300) feet of the subject property could be maintained at two hundred (200) feet, a minimum spacing of one hundred fifty (150) feet would be permissible. On collector streets where the average spacing within one hundred (100) feet of the subect property could be maintained at fifty (50i feet, a minimum spacing of thirty (30 feet would be permissible. PAGE 46 b} Where such spacing control cannot readily be achieved within a particular parcel, joint access with an adjoining property should be sought. c) If the City Engineer is satisfied that sufficient attempts to secure joint access have been made and that joint access is still not possible, and access cannot be provided via another street, driveway spacing of not less than one hundred fifty (150) feet for major arterials, one hundred (100) feet for secondary arterials and thirty (30) feet for collector streets may be granted by the Development Review Committee if minimum corner clearances are met. However, this access on arterial streets should be limited to right turns in and out (left turns in and out prohibited). d) Additional variation of this standard is permitted by application to the Planning and Zoning Commission after recommendation from the Development Review Committee and Traffic Safety Commission as provided in subsection 8 and 9. 4. Corner Clearance The minimum curb length between a driveway and an intersection of the arterial with a cross street should be not less than forty (40) feet. If the intersection is or is likely to be signalized, then traffic movements to and from any driveway within one hundred twenty-five (125) feet of an intersection with a collector and two hundred fifty (250) feet of an intersection with an arterial should be limited to right turns only. However, when possible corner clearance shall be within the following guidelines: ARTERIAL MINIMUM CORNER CLEARANCES GUIDELINES (For Multi-Family, Commercial or Industrial) Minimum Corner Clearance, Feet* Intersection Desirable Critical Type Minimum Minimum Arterial-Arterial 300 250 Arterial-Collector 200 125 Arterial-Local 100 50 Desirable minimum corner clearance is the clearance needed to assure that conflicting driveway and intersection movements do not overlap. *Corner clearance is measured from the intersection curb to the near driveway curb. PAGE 47 5. Sight Distance, On Site Maneuvering, and Parking Lot Design Adequate sight distance and on site maneuvering should be available from every driveway. Any movement for which adequate sight distance is not available or any parking lot design** that does not provide adequate on site maneuvering should not be permitted. For example, if parking is within twenty-five (25) feet of the driveway, for commercial or multi-family developments under three (3) acres or within fifty (50) feet of the driveway for commercial or multi-famil•, develop- ment over three (3) acres, either the parking should be rearranged or joint access should be considered or access to another street should be sought. 6. Median openings If and when medians are constructed on any arte- rial (street), spacing between median opening should be at least four hundred (400) feet. The spacing may be reduced to three hundred (300) feet if a competent traffic study shows that a lesser spacing will still safely and efficiently accom- modate left turn movements to existing and projected future development in the immediate vicinity. 7. Width of Driveway Approaches The standards below shall apply unless traffic studies indicate variation is necessary; varia- tions can be approved by the Planning and Zoning Commission according to regular permit procedure (subsection 9): Width Radius Multi-Family Commercial 20' recommended 12' minimum 6-way) on arterial 30' maximum (2-way) streets, 24' recommended 101 minimum Single and Two-Family 5' radius 101 minimum 20' maximum Note: Where significant truck traffic is projected for two-way access a thirty-five (35) foot driveway width and twenty (20) foot curb radius may be required by the City Engineer. 8. Special Land-Use Requirements Certain land uses may require driveways which do not totally conform to the guidelines stated pre- viously. Examples of these land uses are service stations and drive-in banks. Applications for permits for "non-conforming" driveways for any of these land uses should be processed according to **Also see Zoning Ordinance parking lot requirements for detail parking standards. PAGE 48 the following subsection 9 procedure and should be accompanied by a traffic engineering study technically justifying the nonconforming features. As a part of this study, alternative arrangements should be laid out and specifically shown how they will not work before variations can be considered. However, in no case should variations in corner clearances be permitted, since they are critical to safe, efficient intersection operation. 9. Permit Procedure a) Information Required Application for a curb cut permit can be made as part of the building permit request or as a separate request. Driveway permit applications shall contain sufficient information, when combined with the building permit and site development plan, to allow the city to fully assess the adequacy of the proposed driveway design. An industrial, commercial or multi-family permit application for arterial and collector streets shall include, at a minimum, the following: (1) Drawn to scale (111=50' or less). (2) The dimensions, locations, and design of the driveway(s) being requested. (3) The location of any buildings or structures, either existing or proposed. (4) The type of land use activity and site development (e.g., floor space). (5) The parking lot with the proposed internal circulation pattern. (6) Show all existing of proposed driveways, gutters, storm sewers, manholes, fire hydrants, utility poles, service fixtures, etc., which may be affected or which may affect driveway operations. (i) Show any existing driveways or curb-cuts located on adjacent lots or lots across the street. (8) Show all of the geometric design features of the roadway itself, including the presence of a median, the number and width of travel lanes, the presence of a shoulder or a parking lane, etc. (9) Show the distances to intersecting streets. (10) A traffic engineering study of professional traffic engineering standards may be required by the Development Review Committee on any request for more than one driveway cut on any major arterial street of the City, or any request on an arterial street that varies from the general curb cut standards. PAGE 49 b) Processing Procedure An approved curb access permit is required prior to the issuance of a certificate of occupancy. Curb cut request for single family, two family and townhouses shall be reviewed and approved by the City Engineer. Curb cut request for industrial, commercial or multi-family shall be reviewed by the City Engineer and a report of his finding shall be made to the Development Review Committee, who shall make determination of such request. If a driveway permit application is rejected and the situation cannot be resolved by submission of a revised plan, then the applicant can appeal such ruling to the Traffic Safety Commission, who shall make a recommendation to the Planning and Zoning Commission who shall make final determination. Driveway permits will be issued for a given use and a specific certificate of occupancy. Land use requiring a new certificate of occupancy would also require a new driveway permit based on the anticipated new building use or development plans. J. Street Names New streets shall be named so as to provide continuity of name with existing streets and to prevent conflict with identical or similar names in other parts of the City. K. Private Streets Private streets shall be prohibited except in Planned Deve- lopment zones as approved by the City Council. L. Large Lot Subdivisions If the lots in the proposed subdivision are large enough to suggest resubdivision in the future, or if a part of the tract is not subdivided, consideration must be given to possible future street openings and access to future lots which could result from such resubdivision. M. Estate Subdivisions For Estate Subdivision as herein defined (one (1) acre lots with 100 feet or more frontage for single family use), a pave- ment width of twenty-four (24) feet without curbs is allowed. Pavement quality must meet the minimum quality of the City of Denton standard specifications. PAGE 50 N. Off-site Street Connection See Section 4.16, Part B: - Lot to be fronted on a public street. Article 4.04. Sidewalk Standards and Policy At the discretion of the Planning and Zoning Commissiin, the developer shall install sidewalks on one side of all thorough- fares and collector streets within and adjoining a subdivision, or, in lieu thereof, a comprehensive system of public walkways to serve all properties within the subdivision. The sidewalk should be placed to tie in with access to schools as a primary criteria. Also all local streets which are located immediately adjacent to a school site and for a distance of one block shall have a sidewalk along one side. In a residential subdivision, sidewalks shall normally be placed in the right-of-way one (1) foot from the property line, shall be four (4) feet in width, and shall include required ramps. Final design details shall conform to the standard engineering specifications for the City of Denton. Article 4.05. Median Standards A. No median unit will be permitted except on major arterial roadways (primary and secondary) as defined by the major thoroughfare master plan. B. Minimum width of 14 feet from back to back o curb will be accepted. Medians less than 14 feet in width must be of a maintenance free surface. C. Contractors shall be required to keep the median areas clean and free of debris, concrete waste and other construction waste. Medians shall be equipped with a water supply and outlets spaced a minimum of every 100 feet apart. Provisions for an underground electrical supply shall be provided for each median unit for purposes of automatic irrigation. This shall be determined by the Parks Division prior to construction. D. Contractors are to fill each median unit with top soil and each unit shall be fertilized, seeded and watered in a PAGE 51 proper manner to establish a turf grass cover. Article 4.06. Alleys A. Commercial and Industrial Areas Alleys shall be provided in commercial and industrial districts where other definite and assured provisions are not made for service access, such as off-street loading, unloading, parking and fire-fighting access consistent with and adequate for the uses proposed. B. Residential Areas Alleys are not required. C. Alley Width All alleys shall be paved. In commercial areas, the minimum width of the alley right-of-way shall be twenty (20) feet and the minimum pavement width shall be sixteen (16) feet. In residential areas, the minimum alley right-of-way width shall be sixteen (16) feet and the minimum pavement width shall be twelve (12) feet. D. Turnouts Alley turnouts shall be paved to the property line and shall be at least twelve (12) feet wide at that point. Paving radius where Alleys intersect Thoroughfares shall be twenty (20) feet, and shall be ten (10) feet at intersections with all other streets. E. Intersections Alley intersections and sudden changes in alignment shall be avoided, but where necessary, lot corners shall be cut off at least fifteen (15) feet on each tangent to permit safe vehicular movement. F. Fences Where driveways connect to alleys, fences shall only be constructed along the rear lot line and driveway in such a manner that the : ei:~,:e corner is angled, providing a cut off of at least five (5) feet from both the alley and driveway. PAGE 52 G. Dead-end Alleys Caad-end alleys shall b avoided if possible, but if unavoid- able, shall be provider! with adequate outlet or turnaround, as determined by the Planning and Zoning Commission. Article 4.07. Water Utilities Standards* A. Basic Policy Water systems shall be provided with a sufficient number of outlets and shall be of sufficient size to furnish adequate domestic water supply to furnish fire protection to all lots and to conform to the City of Denton Master Water Plan, the Compre- hensive Utility Ordinance of the City of Denton and the Standard Specifications of the City of Denton. B. Basic Design Standards Water pipe shall be a minimum of six (6) inch nominal inter- nal diameter construction. C. Fire Hydrants Hydrants shall be a maximum of six hundred (600) feet apart in residential areas and three hundred (300) feet apart in commercial/industrial areas. D. Location Location of water utilities shall generally be in city right- of-way; in unusual circumstances, location may be in a utility easement. E. Water Capacity Required The City reserves the right to prohibit any connection to the City water system when it is determined that adequate capacity does not exist to serve the ;proposed development. Adequate minimum capacity shall be defined follows: High Intensity Commercial and Industrial areas . . . . . . 31000 GPM Medium Intensity Commercial areas . . . . . . . . 1$00 GPM *All sewer and water utility standards are applicable in the city limits or the ETJ. PAGE 53 Medium Intensity Residential areas . . . . . . . . 750 GPM Low Intensity Residential areas . 500 GPM All flows to be calculated with 20 pound residual pressures. Special and unique exceptions to the abov- standard may be made by the Planning and Zoning Commission after recommendation from the Public Utilities Board. Article 4.08. Sewer Utility Standards* A. Basic Policy Sanitary sewer facilities shall be provided to service the subdivision adequately and conform to the City of Denton Master Sewer Plan, Standard Specifications and the Comprehensive Utility Ordinance of the City of Dent B. Basic Design Standards 1. All main lines shall be a minimum of eight (8) inches except under certain conditions such as short lines, steep grades etc., then a six (6) inch line can be approved by the Development Review Committee. Right of appeal is to the Public Utilities Board, which shall make final determination. 2. Minimum grades shall be maintained in laying sewer lines to provide a minimum velocity of two (2) feet per second, as per the following chart: VITRIFIED TILE Fall in Foot Capacity Flowing Size of Pipe Per 100 feet Full - M.G.D. 6" 0.60 0.27 8" 0.40 0.46 10" 0.30 0.72 12" 0.22 1.00 15" U.16 1.06 1`e" 0.12 2.30 ZO" 0.10 2.80 24" 0.08 4.00 P.V.C. GRAVITY SEWER PIPE 6" 0.60 0.27 8" 0.30 0.46 10" 0.24 0.72 11." 0.20 1.00 15" 0.12 1.60 18" 0.10 2.30 20" 0.08 2.80 24" 0.06 4.00 *All sewer and water utility standards are applicable in the city limits or ETJ. PAGE 54 3. Manhole spacing shall not generally exceed five hundred (500) feet. C. Location The location of all sewer mains shall be in city right-of- way unless special circumstances exist (such as topography) which can be approved by the Director of Utilities for location in appropriate easements. D. Sewer Capacity Required The City reserves the right to prohibit any connection to 0e City Sewer System when it is determined that a line or the system is overloaded. Overloaded shall be defined as: System or Line-operating at capacity during peak hours, more than 20 percent of the time (2 out of 10 days; 4.8 hours out of 24 hours.) Special exemption to the above standard may be made by the Planning and Zoning Commission after recommendation by the Public Utilities Board. (Also note policy in subsection 4.08 (1).) Article 4.09. Extensions of Water and Sewer Mains A. Extensions required to serve new subdivisions and other developments. 1. Required Extensions All developments shall be required to extend across the full width of the development lot (defined by Plat or Lot of Record) in such an alignment that it can be extended to the next property in accordance with the Master Sewer and Water Plans for the City. Properties already served by water and sewer shall not be required to install additional facilities unless: a) The current lines are not of adequate capacity to serve the proposed development; in which case the developer will be required to install adequate facilities. b) The current lines are not of adequate capacity to serve the zoning of a property that has been rezoned to a more intense use since the time of the original utility installation. 2. All extensions over six hundred (600) feet to new construction require prior approval by the Planning and Zoning Commission after recommen- dation y the Public Utilities Board. PAGE 55 3. The Director of Utilities may approve an extension of water and sewer mains to an existing dwellin if the extension is less than six hundred (6001 feet, provided funds are available and as allocated in the Capital Improvement Plan. B. Cost policies for extensions to new subdivisions and other new developments. 1. Development Mains-Developers* shall pay the actual cost of water and sewer main extensions required to serve their development area. Their develop- ment area includes current and future phases. Re'iuired facilities will be according to the City's Master Utility Plan as determined by the Development Review Committee with right of appeal to the Planning and Zoning Commission after recommendation from the Public Utilities Board. 2. Oversize Mains-Thom City may participate in any cost of oversize water and sewer mains, subject to funds availability and approval by the City Council. Oversized mains are defined as water mains over eight (6) inches and sewer mains over ten (10) inches, which are required by the City for future system expansion and are not required by the proposed development. 3. Pro-Rata Reimbursement Due Developer-Where the extensions to reach a development are laid in street rights-of-way or in dedicated areas directly accessible for future service lines, the developer shall be entitled to reimbursement in accordance with the provisions of section below, but such reimbursement shall not exceed the developer's total cost of the main. 4. City Right To Approve Oversize Construction Contracts Where City Funds Are Involved-The City shall approve all oversize utility contracts for such construction of utilities prior to their execution by the developer. In the event the City ca-,not justify the costs involved in any such contract where city funds or pro-rata repayment is involved the City shall have the option and right to submit the project for sealed bids, and the developer shall pay his proportion- ate share of the acceptable low bid. S. Pro-Rata Cost Charges For Tapping Mains Extended by City-The City of Denton may elect to extend a main where conditions exist which cause a hardship due to lack of water or sanitary sewer service. In such cases the main shall come under the same pro-rata provisions, and any taps of these lines shall be paid for the same as if such main were extended by a developer, except the taps made by the "special extensions to individual single family residence" as described below. There *(Includes individuals, subdividers, and owners of multi-family dwellings). PAGE 56 shall be no time limitation for reimbursement to City for lines extended under the provisions of this section and the mentioned special extension section described below. C. Extension to Existing Subdivisions Where extensions are made to a subdivision lot, the lot owner shall pay a proportionate share to extend the main across the front of his property or on whichever side the City of Denton Utilities Department deems to be most appropriate. The proportionate share for the owner and the City shall be as stated below. D. Reimbursement Policies For Extension Costs 1. Any developer who bears the cost of off-site water or sanitary sewer main extensions to a development as provided above, shall be entitled to reimbursement of the pro-rata cost paid to the City as provided below, for each user who extends a service line from the main within twenty (20) years from the date the main is finally inspected and accepted by the City. 2. The provisions of this section shall not apply to service lines or main extensions constructed at the expense of the City of Denton under the terms of this section.. 3. Reimbursement payments shall be made by the City to the person who paid the cost of the main, or his assignee, and no other person shall be entitled to payment under the terms of this section. 4. The reimbursement shall be payable within thirty (30) days of its receipt by the City. 5. The developer shall enter into an agreement with the City before any reimbursement may be mpda, which agreement shall be made prior to acceptance of the main by the City. Such agreement shall state the cost of the main, terms of payment, and the maximum amount of reimbursement. (Ord. No. 71-17, Pt. I, 6-8-71). E. Pro-rata Cost Charges For Tapping Mains Extended By Developer or City 1. Every person or developer applying for a tap of any water or sanitary sewer main which has been constructed under the terms of the above deve- loper extension section or the city extension section shall pay for the requested taps at the following rates: a) Where a water or sewer main is located on a City street or County road and abuts and is accessible to separate platted tracts, the PAGE 57 pro-rata charge shall be 60 percent of the average current per foot cost of such main. b) Where a water or sewer main is located on a State or Federal highway and abuts and is accessible to separate platted tracts, the pro-rata charge shall be 100 percent of the average current per foot cost of such main. c) Where a water or sewer main is located in a proper easement across an owner's property and where such easement does not abut a street or is not in any other way directly accessible to any separately owned tract, the pro-rata charge shall be 100 percent of the average current per foot cost of such main. Pro-rata charge shall be based on the average current cost of similar projects with pipe of the same size up to eight 4'68) -nes inside diameter water pipe and ten (10) inches diameter sewer pipe. All pro-rata charges shall be charged on a per front foot basis. 2. The pro-rata charges provided by this section shall be in addition to the usual talping fee and to any other charges required by the City. 3. The intent and purpose of this section is to provide an equitable charge for water and sanitary sewer connections as a proportionate distribution of the cost of water and sanitary sewer main extensions to serve property within the jurisdiction of the City. In cases where a property or a tract of land is so situated or shaped that the above front foot charge creates an inequitable basis compared to other tracts of land of similar overall size, the Public Utilities Board shall determine the proper charge in accord with the intent and purpose of this section, and such determined charge may be lesser or greater than that by the front foot basis. If more lots are to be served by the main than abut or contain it, then the charge shall be greater, as determined by the Public Utilities Board. No person shall acquire any vested right under the terms and provisions of this section, nor shall the City of Denton incur or assume any liability or obligation to expend or encumber tax or utility funds. No utility funds shall be spent or encumbered unless funds are available for such purpose, as determined by the Public Utilities Board. 4. The pro-rata charges shall be determined and established at least annually by the Pu,)lic Utilities Board based upon the average cost of recent similar water and sewer line installations. F. Special Extensions to Individual Single Family Residences 1. Where an extensi%pn of water or sanitary sewer main is made by the City in order to serve a single-family residence, the owner may contract with the City to pay a proportionate share of such a main as follows: PAGE 58 a) Extension to lots with less than one hundred (100) feet fronting or abutting the main. (1) Main in city street or easement (side or front of lot) shall pay 60 percent of the average current cost per foot; or (2) Main extended through adjoining lot shall pay 100 percent of the average current cost per foot. b) Extension to lots with more than one hundred (100) feet fronting or abutting the main. (1) Main in city street, easement or county road shall pay average current cost per foot as follows: 60 percent of the first 100 felt; 10 percent of the next 200 feet; 0 percent over 300 feet. (2) Main extended through adjoining lot shall pay average current cost per foot as follows: 100 percent of the first 100 feet; 10 percent of the next 200 feet; 0 percent over 300 feet. c) No owner for which a connection is made pursuant to this section shall be entitled to reimbursement for any future connections, and all future taps and connections made by the owner shall be paid for as provided in the previous section unless the extension agreement shall state otherwise. d) Owners of tracts with over one hundred (100) feet of frontage, as described in subsection b) preceding, who may at a later date subdivide their tract shall be required to pay for pro-rata for the subdivided frontage equal to 60 percent of the average current cost per foot, cost to be determined as of the date of the tap request. Article 4.10. Alternative Water and Sewer Facilities All developments within the jurisdiction of the City of Denton shall be required to have approved water supply and sanitary sewerage facilities and shall be required to connect to the City of Denton's facilities unless alternative arrangements have been approved by the City according to the following standards and procedures: A. Water Wells (Individual) Developments may be approved with alternative water facilities according to the following criteria: PACE 59 1. Water well operation and quality meet the minimum requirements of the Texas State Department of Health and City of Denton Health Ordinances. 2, Water wells are not utilized in any commercial sale of the water. 3. Cost to tie onto the City of Denton Water System exceeds the certified initial capital cost of a well. 4. An applicant for approval of an individual water well shall submit the following evidence to the Director of Utilities: a) Water quality tests; b) Affidavits stating that no more than three (3) families will use the well and/or the well water will not be used in any commercial sales; and, c) Certified cost estimate of well installation. Upon review of this evidence, the Director of Utilities may issue a water well permit. B. Septic Tanks Developments may be approved with alternative sewer facilities according to the following criteria: 1. A septic tank may be installed to serve an individual residence, commercial or industrial facility if: a) The premise upon which such structure is located is more than two hundred (200) feet from any city sanitary main; or, b) The Director of Utilities or his authorized representative certified in writing that the topography of such premises makes normal connection with such existing sanitary main impractical or impossible; and c) The operation of a septic tank is feasible on the premise and will meet the standards and requirements of this ordinance. All other installations of septic tanks shall be unlawful within Denton or Denton's extra-territorial jurisdiction. 2. Septic tanks shall be installed in accordance with the standards established by the Texas State Department of Health, 1959 Code, Article 9.04. 3. An applicant for approval of an individual septic tank shall submit the following evidence to the Director of Utilities: a) Map and statement of justification; PAGE 60 b) Affidavits that no more than one residence, commercial or industrial facility shall be utilizing such septic tank; c) A plan of the septic tank system prepared by a registered professional engineer or registered professional sanitarian; and d) Affidavit of the results of the percolation tests. upon review of this evidence, the Director of Utilities or his authorized representative may issue a septic tank permit. C. Other individual Systems Other individual septic systems can be considered if satis- factory evidence is submitted certifying that the system meets all requirements and standards of the Texas State Department of Health. D. Private Water and/or Sewer Co-op Systems In areas where development requires water and/or sewer ser- vices for more than a single facility, and the cost of extending and tying on to the City system is prohibitive, privately owned water and/or sewer facilities may be considered and approved by the City according to the following genaral criteria: 1. The cost to tie on to the City system would be significantly greater than the proposed alternative. 2. The applicant of the proposed alternative system provides certified evidence from a registered professional engineer that the system will ment. all City, State and Federal health and wat-3r quality standards. 3. The sizing and material quality of all facilities will meet the City of Denton standards. 4. Perpetual private maintenance is guaranteed by such means as Homeowner's Association, bonds, or other means approved by the City Attorney. 5. Operators of the system(s) will be certified by the State Department of Health. 6. The City shall have the right to inspect the system periodically to determine if such system is being operated and maintained according to industry standards. 7. The review and approval procedures for such private water and/or sewer s;steir. shall proceed concurrently with the normal platting and engineering plan approval process as outlined in PAGE 61 Article III, except for applications under these alternative water and sewer facilities proposals, which shall first require review and recommenda- tion from the Public Utilities Board and final concurrence from the City Council. 8. The City of Denton may accept existing or annexed private water or sewer systems for operation and maintenance when the City's water and sewer lines are connected to such system, provided the system has been designed, constructed, and operated in accordance with accepted industry and City stan- dards. Such private system shall be dedicated to the City at no cost. 9. Prior to such acceptance by the City, such water and sewer lines and facilities shall be inspected and evaluated as to standards, adequacy, condition, etc. If water and sewer lines and facilities are not according to city standards, a per lineal foot pro-rata charge shall be assessed to the users of such system(s) for installation of these new facilities will be on a per lineal foot actual cost basis for upgrading or repairing the existing facilities to meet city standards. E. Connections to Sanitary Sewer Extensions Required upon Notice Whenever the City sanitary sewer system is extended to within two hundred (200) feet of any lot or parcel of land within the corpoz:te limits of the City where a septic tank, dry closet or privy vault exists, the owner or occupant of each premises shall abate such septic tank, dry closet or privy and shall construct a suitable water closet upon such premises and connect the same with the City sanitary sewer main within thirty (30) days after written notice to do so from the City health officer unless he can show by County Health certificate that his current system is functioning in a sound and safe manner. fie shall further be required to have these facilities re-certified every two (2) years. Article 4.11. Utilities Easement Requirements All utilities shall be provided in street right-of-way except for s;ecial circumstances approved by the Development Review Committee. In such cases, the following standards shall" prevail: PAGE 62 A. All utility easements shall be sixteen (16) feet unless special circumstances warrent additional or reduced easements which can be approved by the Development Review Committee. B. Lot lines will not split easements. C. Dead end easements are not acceptable unless approved for special circumstances by the Development Revi-w Committee. D. Employees of the Utilities Department shall have the authority to enter premises at any time in the regular line of duty for the purpose of inspecting, repairing or constructing any water, electric or sewer line, or any water or electric meter, etc. This authority applies whether or not the City chooses to require a dedicated easement. The land developer and occupant are responsible for any construction occurring over or within eight (8) feet either side of any on site utility. In the event utility inspection or repair or reconstruction is necessary, any structure or improvement damaged within eight (8) feet either side of a non-dedicated utility whether in a dedicated easement or not shall not be the responsibility of the City for any repairs but shall be the sole responsibility of the owner. Article 4.12. Electric; Gas, Cable Television, and Telephone Utility Standards All installation shall be according to the Comprehensive Utility Code (Sec. 25) of the City of Denton and engineering standard utility installation procedures. Article 4.13. Underground Electrical Utility Policy A. It is the basic policy of the City of Denton to encourage installation of underground electric utilities in all new subdivisions and commercial development. B. Where underground electric utilities are installed at the request of the developer, the developers shall pay the differential costs between underground electric utility service and overhead electric utility service, as calculated by the Utility Department. PAGE 63 C. In residential areas, underground electric utility facil- ities shall be installed on public right-of-way except where the utility elects to install facilities adjacent to the building setback line for aesthetic purposes. All underground electric utility cable of either primary voltage or secondary voltage shall be installed in conduit. D. For commercial development, the developer shall install and maintain the conduit system from the transformer )r secondary cable terminal point to the utility designated service point at the boundary of the property. The utility shall install and maintain the primary circuit and the developer shall be responsible for furnishing, installing, and maintaining the secondary cable. E. Underground electric utility service will not be installed on '.he perimeter of a subdivision or planned develop- ment unless the adjacent area already has underground electric utility service. Article 4.14. Street Lights A. Basic Policy It is the policy of the City of Denton that adequate street lights be installed in all new developments. Detailed procedures and standards shall be governed by the comprehensive utility standards on file in the Utilities Department. B. Gen)ral Standards 1. Developers shall furnish sati-factory easements for installation of services to street lights, normally five (5) feet in width. 2. Street light number, type, and size shall be determined by tae Utilities Department. 3. Developers will pay pro rata cost of street light installations. 4. Street lights are normally required at all intersections, in cul-de-sacs, and at approxi- mately three hundred (300) foot intervals on tangent streets. PAGE 64 Article 4.15. Drai;age Requirements A. General Policy The Planning and Zoning Commission shall not recommend for approval any plat of subdivision which does not make adequate provision for storm or flood water runoff channels or basins. Drainage provision shall ensure the health and safety of the public and property in times of flood and such facilities shall not cause excessive increases in flood heights or velocities, particularly to adjacent and downstream properties. When calculations indicate that curb capacities are exceeded at a point, no further allowance shall be made for flow beyond that point, and basins shall be used to intercept flow at that point. The applicant may be required by 'he Planning and Zoning Commission to carry away by I:,:, or open ditch any spring or surface water that exists either previous to, or as a result of, the subdivision. Such drainage facilities shall be located in the road right-of-way where feasible, or in perpetual unobstructed easements of appropriate width, and shall be constructed in accordance with the cr,astruction standards and specifications of the City of Denton. B. General Design Standards The following are general drainage design standards and policies of the City of Denton. 1. Coordination with the Comprehensive Master Drainage Plan is required. 2. Design Storm Frequencies: Area or Facility Frequency Residential Street Capacity 10 years Other Street capacity & Enclosed pipe system (if needed) 10 years Channels and creeks* 25 years Culverts and small bridges 25 years Large bridges** 50 years Floodways between building lines 100 years *Channels and creeks shall have one (1) foot of freeboard. **Large bridges are those with a total span greater than 50 feet. PAGE 6S 3. Water Spread Limit Street Permissible Classification Water Spread Expressway 10-year storm --1 traffic lane may be closed Major Thoroughfare 10-year storm (Divided) --1 traffic lane must remain open each direction Major Thoroughfare 10-year storm (Undivided) --2 traffic lams must remain open Collector Street 10-year storm --i traffic lane must remain open Residential Street 10-year storm --water flow must not exceed 4" above curb Pipe Systems 10-year storm $ Inlets --hydraulic grade shall be 2' top of curb below The permissible water spreads are based upon the initial storm frequency (10-year), but consideration must be given to street conveyance of the major storm (100-year) and possible flooding. All streets shall be capable of conveying a major storm without water encroaching into adjacent buildings. Therefore, the maximum spread limit in streets for a major storm shall be the building lines. This requirement of utilizing the streets to convey the major storm runoff may require increasing the capacity of the enclosed drainage system. 4. Street Cross Flow Allowable depths of flew across street intersections for initial frequency storms (10-year) are established as follows: Street Intersection Cross Flow Depth Expressway None Major Thoroughfare (Divided $ Undivided) None Collector Street 6 inches of depth or maximum (One Valley Crossing) spread at valley sections Residential Street 6 inches at valley sections (One Valley Crossing) S. Drainage System Requirements The complete drainage system is composed of (a) the initial system, consisting of inlets, storm drains, and the associated appurtenances to convey the initial storm runoff (10 year), and (b) the major system or the major runoff (100 year), which consist, of swales, creeks, channels, floodways and emergency overflows to prevent water encroachment into residen- tial and commercial facilities. PAGE 66 a) Initial storm systems are required when water spread and street cross flow limits are exceeded (closed pipe generally up to 48" capacity). b) Channels (1) Channels are to be concrete-lined at least to the 10-year frequency channel flow level with additional height to carry the 2S-year flow. (2) 100-year flow is to be contained within the building lines. (3) Unlined channels will be considered for quan- tities of floodwater larger than the equiva- lent flow of a seventy-two (72) inch pipe. 6. Additional Storm Drain criteria are: a) Utilization of retention ponds and dispersion areas and preservation of major flood plains, etc., shall be strongly encouraged and may be required if a proposed drainage improvement is found to create actual or potential upstream, adjacent or downstream property damage due to the creation of excessive flood velocities or heights. b) The City's major drainage floodplains that are still functioning in a natural or semi-natural state will require special drainage and other preservation considerations. To implement this policy of the natural 100-year flood plain for flooding areas draining one square mile or more, it may be recommended that these areas be zoned for planned development when zoning requests are made so that channel improvements and preservation efforts will be coordinated and defined on the site plan before detailed plans are submitted. c) Minimum velocity with the pipe flowing full shall. be three (3) feet per second. d) The minimum storm drain pipe diameter shall be fifteen (15) inches. e) Pipe d:3meters shall not normally decrease downstream. f) Pipe crowns at change in sizes should be set at the same elevation. g) Vertical curves in the conduit will not be permitted, and horizo:)tal curves will be permitted only with the approval of the City Engineer. h) Maximum manhole spacing is shown below: Pipe Size Maxi-oum Spacing 15" 400' 18-36" 600' 42-60" 1,000' Larger than 60" No limit PAGE 67 Manholes shall also be placed at pickup points having two (2) or more laterals, at pipe junctions having pipe sizes twenty-four (24) inches or greater, at alignment changes, and at the beginning of the storm drain system. i) Inverted crown sections will be permitted only in alleys. j) Street crowns shall be reduced for approximately one hundred (100) feet on each side of valleys, and only one valley crossing for each street shall be used at an intersection. k) At streets with culverts or bridges, an emergency overflow shall be provided to contain the 100-year channel flow within the building lines. 7. Runoff Coefficients Storm drainage shall be designed for ultimate deve- lopment of the watershed and, therefore, runoff coefficients used shall consider these fully developed conditions. Master plans, zoning maps and land use plans shall be used to determine the ultimate development. Table II gives general guideliiies of values for runoff coefficients which may be used in the determination of storm water runoff. TABLE II RUNOFF COEFFICIENT "C" FOR ALL STORM CALCULATIONS Runoff Type Area or Land Use Coefficient "C" Parks $ Permanent Open 5 ace 0.20 Single Family Residential 0.50 Multi-Family 0.65 Industrial $ Manufacturing 0.70 Business 0.80 Central Business District 0.90 When the Director of Planning and Community Deve- lopment cannot verify ultimate development, a standard runoff coefficient of .6 can be used. 8. Time of Concentration MINIMUM INLET TIME OF CONCENTRATION Type Area Minimum Inlet Time Parks $ Permanent Open Areas 20 minutes Residential (less than 5 un/ac density) 15 minutes All Other Residential 10 minutes Industrial & Business 10 minutes Roof and Paved Areas, Streets 10 minutes PAGE 68 When inlet times of concentration which are in excess of these minimums are used, the techniques and assumptions used in computing these times must be submitted with the plans and approved by the City Engineer. In cases where it is evident that the actual time of concentration is less than that indicated above, a shorter time of concentration should be used. C. Offsite Drainage. 1. The owner or developer of property to be developed shall be responsible for all storm drainage flowing on his property. This responsibility includes the drainage directed to that property by ultimate developpment as well as drainage naturally flowing t1trough the property by reason of topography. 2. Adequate consideration shall be given by the owner in the development of property to determine how the discharge leaving the proposed development will affect adjacent property. 3. On lots or tracts of three (3) acres or more where storm water runoff has been collected or concentrated, it shall not be permitted to drain onto adjacent property except in existing creeks, channels or storm sewers unless proper drainage easements or notarized letters of permission from the affected property owners are provided. 4. The subdivider shall pay for the cost of all drainage improvements required for the development of the subdivision, including any necessary offsite channels or storm sewers and acquisition of the required easements. 5. Where it is anticipated that additional runoff incidental to the development of the subdivision will overload an existing downstream drainage facility, whether natural or manmade, the Planning and Zoning Commission may withhold approval of the subdivision until appropriate provision has been made to accommodate the problem, and plans shall be provided which include all necessary offsite improvements including storm sewer systems, channel grading, driveway adjustments, culvert improvements, etc. In areas where downstream pipes or channels are inadequate to handle proposed increased flows, the City as one alternative may consider accepting cash payment in lieu of actual drainage improvements. The developer must show that the proposed pipe system to handle the flow from his development would not function properly without substantial downstream improvements. Prior to permitting any development that will significantly increase flood heights downstream or upstream, a hearing before the Planning and Zoning Commission is required with special notice to the adjacent property owners. PAGE 69 D. Drainage Easements Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within road rights-of-way, perpetual unobstructed easements for such drainage facilities shall be provided across property outside the road lines and with satisfactory access to the road. Easements shall be indicated on the plat. Drainage easements shall be carried from the road to a natural wrtercourse or to other drainage facilities. When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured and indicated on the plat or other instrument as approved by the City Attorney. In the case of clear public interest, the City may participate in easement acquisition by power of condemnation. The applicant shall dedicate an appropriate drainage easement either in fee or by drainage easement or by conservation easement of land on both sides of existing watercourses to a distance to be determined by the Planning and Zoning Commission. E. Drainage Modification Permit No land shall be modified in any 100-year flood drainageway until a Drainage Modification Permit is issued from the City Engineer's Office. The City Engineer, as a condition of the permit, shall certify that such modification will, as a minimum, fulfill the requirements of this ordinance with special attention that peak flow heights or velocities will not be increased on adjacent properties. Drainage modification permits for drainageways whose basin exceed one square mile may be approved by the Planning and Zoning Commission after notification of adjacent property owners. Drainage modification permits for drainageways less than one square mile may be approved by the City Engineer. Smaller drainageways which do not carry runoff from upstream PAGE 70 properties and do not change the downstream concentration point will not require permits. Any decision by the City Engineer can be referred to the Planning and Zoning Commission by either the City Engineer or the applicant for final determination. Upon such referral all adjacent property owners will be notified of the hearing at least ten (10) days prior to the scheduled Planning and Zoning Commission meeting. F. Flood Prevention Ordinance The Flood Prevention Ordinance of the City of Denton (Chapter 10 1/2) impacts land development in only two ways. It: 1. Outlines requirements for amending the Federal Flood Insurance Map; and 2. Outlines the minimum requirement for finished floor elevations. The ordinance, therefore, except in the above two cases, is not applicable to development standards, as the purpose of the ordinance is basically to ensure that no new structures are flooded. Article 4.16. Lots, Common Areas and Facilities A. Lot Size: The size, width and depth of lots shall conform to the zoning requirements for the area. B. Access to Street: Each lot shall be provided with adequate access to an existing or proposed public street (County or City) by frontage on such street except frontage on a private street may be permitted in a Planned Development Zoning District. Such public street shall be connected to and considered part of the general network of public streets in the area. Development adjacent to existing public streets shall include the required improvements in accordance with the City's perimeter street policy. C. Facing: Wherever feasible, each lot should face the front of a similar lot across the street. In general, an arrangement placing facing lots at right angles to each other should be avoided. P.IGE 71 D. Common Areas and Facilities Such areas shall be noted on the plat, and also have filed with the County Homeowner's Association covciiants approved by the City Attorney, or other arrangements for permanent mainte- nance of these areas and facilities as may be approved by the Planning and Zoning Commission. E. Building Across Lot Lines No building, except buildings designed and constructed 4s two-family dwellings or one-family attached dwellings, shall be constructed on or across existing lot lines. Where buildings designed and constructed as two-family dwellings or one-family attached dwellings are constructed on or across lot lines, the buildings shall be so located so that the common Halls separating the individual living units are located on and aping the common lot lines of the adjoining lots on which the buildings are located. Article 4.17. Blocks block length for residential use should generally not exceed twelve hundred (1,200) feet, measured along the center of the block. Six hundred (600) feet is a desirable minimum. Maximum block length along a Thoroughfare shall be sixteen hundred (1,600) feet, except under special conditions approved by the Planning and Zoning Commission. The Commission may require a pedestrian easement or wall near the center of blocks over one thousand (1,000) feet. Article 4.18. Building Lines The building line is a line beyond which buildings must be set back from a street right-of-way line or property line. It should conform to the zoning requirements for that district. Article 4.19. Fire Lanes Where adequate access for fire-fighting purposes may not otherwise be provided, easements for fire lanes may be required. Fire lane easements shall be paved, with either asphalt or concrete material of such strength to support fire vehicles; PAGE 72 shall be a minimum of sixteen (16) feet in width; shall generally be within fifty (50) feet of all exposed building walls; shall be maintained by the property owner; shall be marked as such on the ground; and shall be kept free and clear at all times, or have such obstacles that can easily be traversed by a fire truck, (i.e. breakable chains, low-level plant material), unless otherwise approved by the Planning and Zoning Commission. Article 4.20. Monuments and Markers A. Monuments Concrete monuments, six (6) inches in diameter and twenty-four (24) inches long, shall be placed on all boundary corners, block corners, curve points, and angle points; a copper pin one-quarter (1/4) inch in diameter embedded three (3) inches in the monument shall be placed at the exact intersection point on the monument. The monuments shall be set at such an elevation that they will not be disturbed during construction, and the top of the monument shall not be less than twelve (12) inches below the finished ground level. B. Markers Lot markers shall be a five-eighths (5/8) inch reinforcing bar, eighteen (18) inches long, or approved equal, and shall be placed at all lot corners flush with the ground, or below ground if necessary in order to avoid being disturbed. C. Bench Marks Where no bench mark is established or can be found within three hundred (300) feet of the boundary of the subdivision, such bench marker shall be established to a sea level datum. The bench mark shall be established upon a permanent structure, or may be set as a monument, and shall be readily accessible and identifiable on the ground. Article 4.21. Development On Existing Lots That Were Previously Approved by the City It is the policy of the City of Denton that redevelopment on existing lots within the City shall be encouraged. This policy PAGE 73 shall apply to lots that have previously been platted and/or developed and are now currently being redeveloped. For such area the existing community facilities of streets, water and sewer shall be considered the responsibility of the City and shall be upgraded as funds are available and/or during the regular assess- ment program. For areas where zoning has been changed significantly from the time of original platting or development, the full require- ments of this subdivision/development ordinance shall be applied, including all required improvements and facilities. A zoning change from single family to multi-family, commercial or Industrial is deemed a significant change for the purpose of this Article. Article 4.22. Filing Fees No preliminary or final plat, replat, or general development plan shall be accepted for filing for review by the Planning and Zoning Commission unless the person wishing to file such plat, replat, or plan first pays to the Director of Planning and Com- munity Development a filing fee of fifty-five dollars ($55.00); provided, however, that in cases where a replat is to be filed and state law requires notification of lot owners because of such proposed replat the filing fee shall be one hundred ten dollars ($110.00), in addition to a fee of two dollars ($2.00) per lot owner required to be notified. SECTION II. That any person violating any of the provisions of this ordinance shall, upon conviction, be fined a sum not exceeding Two Hundred Dollars ($200.00); and each day and every day that the provisions of this ordinance are violated shall constitute a separate and distinct offense. This penalty is in addition to and cumulative of, any other remedies as may be available at law and equity. SECTION III. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof PAGE 74 to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the Z~ day of , 1983. %~eL 69 . CITY OF D NTON, TEXAS ATT CHRicLOT'1LLEN, ITY 5E RET CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE 75 it IN THE MATTER OF CITY OF .DENtON CHARLOTTE ALLEN I I THE STATE OF TEXAS Roy Appleton, Jr. County of Denton being duly sworn, says he is the General Manager of the Denton Record-Chronicle, a newspaper of general circulation which has been conti,:,tously and regularly published for a period of not less than one year in.the County of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in said paper on the follow- ing dates; ORDINANCE NO. 83-71 NEW WATER & SEWER TAPPING FEES 12 lines S9.60 JULY 14 & 15, 1983 Subscribed and sworn to before me this 15 day of _ JULY ,19 83 Witness my hand and official seal. q<:, cY7~3r Notary Public, Denton County, Texan HERE PASTE; THE NOTICE BY PUBLICATION CUr FROM PAPER - IN THE MATTER OF THE AFFIDAVIT OF PUBLISHER TO 11 LiBLICATION OF LEGAL NOTICE An orelnanee amfMla,t Filed the day Chapler 13 of the Code of OrdinenceS Of the C" Of Donlon. Texas, providing - In new water i sewer lapping Hes, for water & seWef Wvket "aling all ores motes kt t Wlict therewith: rrovldtng a severaDilttf clauw; and eeclaring an. eflectivn doe of July 6,19/7. By Drputj `I I I i 1 II i 4,i It. F.r k y• + j ! x F t t- .ir ,~sN,e~,gr rT;r $''p~~. v, .::ay^~•;~;1 ~5"f. 71 w NO. / AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, PROVIDING NEW WATER AND SEWER TAPPING FEES FOR WATER AND SEWER SERVICE; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFEC'rIi/E DATd. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: PART I. That Section 25-7, Article I, of Chapter 25 of the Code of Ordinances of the City of Denton, Texas, is hereby amended to read as follows: "Section 25-7. WATER AND SEWER MAIN TAPPING CHARGES Utilities department to make all taps. The utilities epartment shall pon application and payment of the required fees make all taps of water and sewer mains required to extend service from the main to a point immediately behind the curbline of the street and it shall he unlawful for any person other than an amployee of the ,:ity to tap any water or sewer main or cut any street surface for the purpose of making such a tap. Tapping and meter loop fees. Any person, association o persons, or corporation desiring a water or sewer main tap or water meter loop shall pay to the utilities department, in advance, the following fees: WATER TAPPING FEES (Including Meter Loop) Size of Tap Paved Street Unpaved Street 3/4 inch $440.00 $35F.00 1 inch $475.00 $375.00 1-1/2 inch 710.00 595.00 2 inch 650.00 710.00 4 inch tap with 3 inch compound meter & vault $3,114.00 $29595.00 4 inch tap with 4 inch compound meter F, vault $3,913.00 $39260.00 Taps over four (4) inches will be cost of material, labor and equipment plus 20%. WATER METER LOOPS 3/4 inch $ 90.00 1 inch $180.00 1-1/2 inch $320.00 2 inch $420.00 SEWER TAPPING FEES Size of Tap Paved Street Unpaved Street 4 inch 315.00 260.00 6 inch 1320.00 1265.00 8 inch 745.00 285.00 10 inch 360.00 1300.00 N&F I IN 1:! ; 4 lip, WATER TAPS WITHOUT LOOP Size of Tap Paved Street Unpaved Street 2 inch with valve 4 saddle $ 385.00 $350.00 4 inch with valve & saddle $ 925.00 $700.00 6 inch with valve & saddle $ 990.00 $825.00 8 inch with valve & saddle $19055.00 $880.00 10 inch with valve & saddle $1,125.00 $935.00 12 inch with valve & saddle $1,190.00 $990.00 Tapping fees in addition to other fees. The tapping fees established herein shall be in addition to pro rata cost charges or any other charges provided by ordinance. PART II. That if arty section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council o`' the City of Denton, Texas, hereby declares it would have enacted such remain-ng portions despite any such invalidity. PART III._ That this ordinance shall become effective on the .1L_ day of 1983, and the City Secretary is hereby direc ed Itcause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas within ten (10) days of the date of its passage. PASSED AND APPROVED this the 0' day of , 1983. IC . SI AR , YOA CIT OF D TON, TEXAS ATTE &MRLOTTE AL CITI CRETARY CITY OF DENTON, TEXAS APPROVED AS TO LE-l FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: Ill Ill. 1 1111 111 illigg 11,11 i $ t r .r } s+yy ` 1 k s i~ R r S y`+Y F 3 . 1 r r r :'.y. ] ~ r n *5 > i'- 'Sr k :.wti } kt_ +t ~~f' 5 YJ ` ~I~s~11 N { 1 NO. AN ORDINANCE ACCEPTING THE DEDICATION BY DEED OF GIFT FROM BOB fy} TRIPP AND DAVID E. TRIPP, T'<USTEES FOR THE BOB E. TRIPP TRUSTEE NO. 2, OF CERTAIN REAL PROPERTY SITUATED IN THE B.B.B. $ C.R.R. COMPANY SURVEY, ABSTRACT NO. 186, DEJfON COUNTY, TEXAS, AND RECORDED IN VOLUME 996, PAGE 376 OF THE DEED RECORDS OF DENTON ''c► COUNTY TO THE CITY OF DENTON, TEXAS, FOR THE USE OF SAID PROPERTY AS A PUBLIC STREET AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. t• 4 The City of Denton, Texas, hereby accepts the conveyance and 1 dedication b deed of by gift from Bob Tripp and David E. Tripp, ti Trustees of the Bob E. Tripp Trust No. 2, of that certain real property situated in the B.E.B. $ C.R.R. Company Survey, Abstract i, No. 186, Denton County, Texas, and recorded in Volume 996, Page i S 376 of the Deed Records of Denton County to the City of Denton, Texas, for the use of said property as a public street and for utilities, said property being more particularly described as follows: All that certain 1.817 acre track, parcel or strip of land situated in the B.B.B. $ C.R.R. Company Survey, Abstract No. 1869 Denton County, Texas; said tract being part of lands described in deed to B. E. $ D. E. Tripp as recorded in Volume 996, Page 376 of the Deed Records of Denton County, Texas; said tract being further described herein by metes and bounds as follows: BEGINNING for the northeast corner of the tract being desc bed herein, at an iron pin set in the west line of tract described in deed to the City of Denton as recorded in Volume 596, Page 560 of the Deed Records of Denton County, Texas, said point lying north 0001130" west 149.1 Feet from the most western southwest corner of said City of Denton tract; THENCE south 0001130" east with said City of Denton west line 63.6 feet to an iron pin set in the ground; THENCE westerly 275.43 feet with arc of curve to left whose radius is 478.35 feat, chord bearing north 85°50145" west 271.64 feet to point of tangency of said curve; THENCE south 77039130" west 100.1 feet to beginning of another curve to left whose radius is 345.0 feet; THENCE southwesterly 416.48 feet with said curve, chord bearing south 43004131" west 391,65 feet to point of tangency of said curve; THENCE south F°29'30" west 209.42 feet to the beginning of curve to right whose radius is 570.83 feet; THENCE southea:;terly 286.12 feet with arc of said curve to the northeastern line of U.S. Highway No.77; THENCE north 57058' west 61.07 feet to an iron pin set in the ground in said northeastern line of U. S. Highway 77; THENCE northeasterly 261.36 feet with arc of curve to left whose radius is 510.83 feet, chord bear;.ng north 23008157" east 258.53 PAGE ONE M. dawoa®~ f t' y r ~ « 1 ':-r r ~ ; ~ r t eft 4 1. 1 1-1 1 - i r ,y~~~,}.Y' rY`f £r'ig' ~y+, ► q~~ 31 feet to the point of tangency of said curve; THENCE north 8029130" east 209.42 feet to the beginning of curve to right whose radius is 405.00 feet; THENCE northeasterly 488.92 feet with arc of said curve, chord bearing north 43°04131" east 459.77 feet to the point of tangency of said curve; THENCE north 77039130" east 100.1 feet to the beginning of curve ' to right whose radius is 538.35 feet; UENCE easterly 287.50 feet with arc of said curve, chord bearing south 87°02108" east 284.10 feet to the place of beginning. SECTION II. The City of Denton hereby accepts the conveyance and deed of gift of the real property described in Section I hereof for the purposes of a public street and for utilities. SECTION III. The Mayor of the City of Denton is hereby authorized to sign the instrument of deed of gift executed by Bob Tripp and David E. Tripp, Trustees of the Bob E. Tripp Trust No. 2, accepting such a deed of gift and the conditions therein on behalf of the City of Denton, Texas. r S ~ SECTION IV. r The Planning and Zoning Commission of the City of Denton is hereby authorized and directed to let the real property herein dedicated be designated as a public street on the Official Map of the City of Denton, Texas. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of I # Id I A HARD 01 STE , YOR CI OF D TON, TEXAS ATTE / lk,4A~~ RtHARLOTTE ALLEN, CITY SECR ARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE TWO . E yy,,i~ n k e ` ♦ a!^ .aF ~'4x ,p q r:r e., ,d v~ `{r '"''-FF Y Sn .'yk ~)r YT ~r rr. ~x f 9 w . Sa r° eN' ♦ i.{ ~ ~ - M1 y r . ~I ~ xkt p r S~ r y}#tit ♦ ~_y1 S r v ~ c 3R E S O L U T I O N WHEREAS, the Texas Legislature in its recent session created a new position on the Fort Worth Court of Appeals, the district for which includes Denton County; and WHEREAS, Judge W. C. Boyd of the 16th Judicial District Court, Denton County, has made application to be appointed by the Governor to this position; and WHEREAS, Denton County, with approxiwately twelve percent of the population of the district in which the Fort Worth Court )f Appeals sits, is not currently represented on that Court and has not been represented in more than twenty years, while Tarrant County, with sixty-six percent of the district's population, currently has eighty-three percent of the Court's membership; and WHEREAS, Judge W. C. Boyd is a judge of superior capabilities, a legal scholar of great experience and learning, and is very well-qualified to be appointed to this position; and WHEREAS, Judge W. C. Boyd is well-versed in both civil and criminal law, having had jurisdiction over both areas in his eighteen years and nine months on the district bench; and WHEREAS, Judge W. C. Boyd enjoys an excellent reputation in the legal profession in the Dallas-Fort Worth Metroplex; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. The City Council of the City of Denton urges Governor Mark White to appoint the Honorable W. C. Boyd, Judge of the 16th Judicial District Court of Denton County, Texas, to the present vacancy on the Fort Worth Court of Appeals. SECTION II. That a copy of this Resolution be forwarded to the Honorable Mark White, Governor of the State of Texas in behalf of Judge W. C. Boyd. PASS31) AND APPROVED this the Sth day of July, 1983. D 7 STLW AX I I HA I UN V 4 i ( CI Y OF INTON, TEXAS ATTEST CHARLOTTF. ALLEN, CITY SECRET Y CITY OF DENTON, T,iXAS APPROVED AS 'TO LEGA7. FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS 1 BY: 1 r~~-- - - ___-i--__ b110S~ ALL MEN BY THVol THE STATE OF TEXAS, .To', ESE PRESENTSO COUINTl' OF DENTON } That The City of Denton, Texas, a Municipal Corporation !i of the County of Denton and State of Texas , for and in consideration of it II the sum of ---------------------TEN AND NO/100 ($10.00) -DOLLAR to it in hand paid by the Unitarian Universalist Fellowship f j j of the County of Denton and State of Texas , the receipt of whieb f~ i~ is hereby ackno„]edged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QLTIT CLALNi unto the said Unitarian Universalist Fellowship, its successors ba3in and assigns, all its right title and interest in and to that certain tract or par- eel of land lying in -the County of Denton and State of Texas, described as follows, I to-wit: I)f All that certain lot, tract or parcel of land lying and being situated II in the City and County of Denton, State of Texas, and being more particularly describe6 as follows: jl BEGINNING at a point in the south line of Cordell Street, same being the northwest corner of an unnumbered lot, same being the northwest i corner of Block 14 of the Carroll Park Addition to the City of Denton; f it THENCE south with the west line of said lot a distance of 140 feet to a point for a corner; THENCE east 10 feet to a point for a corner; ;f ~ E ' i! THENCE north 140 feet to a point in the south line of Cordell Street; THENCE west 10 feet to the place of beginning. li! 1 I; 'i f I{ I~ I 'E I TO HAVE AND TO HOLD the said premises, together with aD and singular the rights, privi• ~i j leges and appurtenances thereto in any manner belonging unto the said Unitarian Universalis Fellowship, its successors f kodmand assigns, forever, so that neither the said III City of Denton, Texas, its successors nor ~;R~RZ<any person orper:ons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there- I ~ !I 07 I our hand at Denton, Texas this st • , ~ ~ : day of A. D. 19 83 _nZ Witnesses at Request of Grantor: CITY OF NT Nr XAS 014 2 HARD 0 STF.4 RT, MAYO - .-CHARLOTTE ALLEN, CITY. SECRETARY= - .di MqMQM~MM win • SI ULE ACK_N0WLEl1L' MIENT THE STATE OF TEXAS, ~ BEFORE CIF., the und'rai;nrd author:;.. COUNTY OF in and for said County, Tess,, on thin day p'r<onally appeared known to me to be the person whose name subscribed to the foregoing instrument,-ind acknowledged to me that he _ executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of , A.D. IT. Notary Public, ....County, Texas My Commission Expires June 1, 19_._ SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE 11E, the under, igned authority, in and for said County, Texas, on this day personally appeared . _ knoa-n to me to be the person whose came subscribed to the foregoing instrument, and acknowledged to me that he executed the some for the purposes and consi~eration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D., 19... ,Notary Pubic, _ .County, Texas _ My Commission Expires June 1, 19...., CORPORATION ACKNOWLEDGMENT THE STATE OF TEXt BEFORE JIE, the undersigned authority, COUNTY 07..... Denton-... in and fur said County, Texas, on this cay personally app_ared_._R1Cghar(_ Ot-_S_tewa_rt .--.Mayor of _ ..thy __Ci t.y of Denton,. _Texas -___-_--known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said _-_-City of Denton-,- Texas--__.__. a corporation, and that he executed the same as the act of s,Nch corporation for the purposes and consideration therein expressed, and in the capacity therein stated. >1J 19._$.3 GIVEN UN 3fY HAND AND SEAL OF OFFICE, This. - ay of.-..-_, , y SEmEre SCOTT • 0A_ ~ f/jas*oEgW1"31-M5 Notary Public, ,,I ent.) County, Texas My Commission £xaires June 1, 19.- CLERK'S CERTIFICATE THE STATE OF TEXAS, I, , County COUNTY OF. . . _ . . y Clerk of the County Court of said County, do hereby certify T Ir G re oingtinitrrmcniluof writing dated on the CF IERS. Denton Csjrty, T:ns day of A. Dally cool, r titils C9E~!~Ra3Ss9 _~y(ftfptication, Has filed for record in my office on the. . day of __date end Cma st~ ro. k5ean by rgkrnd efis , dt4: 3[., and duly corded in Oe v'c{uine ir.d I;e of the nam;d reaor4a recorded this .,day of_ 001%!on Cuomo' *_AI Z ;;aT;.t1?~Zreay by necicck M., in the Records of said Cpypty,'*?VftT'- , on pages _ „ . WITNESS 31Y HAND AND SEAL OF THE COUNTY ° of said County, at office in _ v to . the day , it County, Texas. (L. S.) By. CO+1fiTY.CiE4X.i~ftlcd~ttt~..L~:............... Deputy. ppp~ ' ~ 7. I oo Y ~ A I . ` c j A II A ' Y A i W E4: E+: to i 4 S I' a A tv~ . ~f d e n; _1'j i l a I 1 o 0 M 0 HI a e4 } M u ~ ~ Crl F' ~ i ~ O k 3'. ' 7! j'1 r~r.l9 1 Irji:? ~ ~ 0I -aif Cat r~l r ' ~ a w a VGl 1232f d.C J1 d w: v ~nl' Ir, a~ Z: w • O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I, Karen Connor, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Human Resources Advisory Board of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. Subscribed and sworn to before me the undersigned on this the , 6 th day of July, A.D. 1983. To certi which witness my hand and seal of office. CITY SECRETARY CITY OF DENTON, TEXAS 0264C/090OC MW McNAUGHTON o&BOOK SERVICE B/T 424767 A DIVISION Of ORODART, INC. LEASE AGREEMENT THIS LEASE to be effective the First Day of September 19 _.83 between McNaughton Book Service, a division of Brodart, Inc., the "LESSOR" and Denton Pub. Lib. at 502 n klnnd Denton, T)L_ 76901 the "LESSEE". FIRST: LESSOR shall supply LESSEE, at no charge, a Basic Collection of books which will be kept In turnover with monthly ,additlons of new books supplied by LESSOR and the return of older books by LESSEE. SECOND: The average number of books to be supplied each month by LESSOR will be determined by the Book Allowance or Point Allowance set forth for the plan described below: PLAN BASIC 'BOOKS POINTS COST LIRRARY NAMEIACCOUNT NUMBER NO. COLLEC. PER MONTH PER MONTH PER MONTH 4247677 Denton Pub. Lib. 200 20 $227.00 'Allowance for the months of July and December will be had this amount. THIRD: For Book Plans, each book supplied will be charged as 1 against the allowance unless the book Wells for $20 or more, In which case the charge will be higher. For Point Plans, the oumber of books supplied will be determined by the point values of the books ordered. FOURTH: At Intervals no greater than once every three months, LESSEE shall return to LESSOR any books in excess of the Basic Collection allowed. LESSOR will reimburse the LESSEE for postage expended in making returns, will accept Collect Motor Freight shipments of no less than 200 books. FIFTH: LESSICE will have the privilege of transferring leased books to its permanent collection by purchasing them. A dis- count of 7594 will be granted provided the LESSOR is furnished a list indicating retail prices as well as the titles of the books being boigrt. SIXTH: LESSEE shall report, at least once each six months, any books lost from the Basic Collection. Invoicing for the lost books will be at 75% discount. SEVENTH: LESSEE shall pay to LESSOR the amount of $ 227.00 each month, plus applicable taxes, payment to be made within 30 days from date of invoice. A discount of 2% will be allowed for payment for 12 months' service In advance, provided payment is made within 60 days from date of invoice. 12 EIGHTH: This lease to be in effect for a perlod of -months and to renew itself from month to month thereafter unless changed or cancelled. The plan may be increased the first of any month at LESSEE'S request. LESSEE will be price protected during year specified by Lease Agreement provided signed Lease Agreement is refumed to LESSOR 30 da prior to specified effective date. Afterwaras, LESSEE will be subject to any necessary price increase at the expiration of tr lease or end of prepayment period, whichever comes first. NINTH: This Lease Agreement may be carocened by the LESSEE after the expiration of specified contract period, with the giving of 60 days written notice sent by certified mail. LESSEE will return andlor purchase all McNaughton books in Inventory within 90 days after the effective date of termination. LESSOR reserves the right to cancel service to LESSEE with the giving of 60 days written notice and to approve or disapprove any large purchases at time Of L termination. For: THE McNAUGHTON BOOK SERVICE For: at?~''~ (name of library) ldana er (algnatur 3litle) Approved date i98? IN THE MATTER OF CITY OF DENTON CHARLOTTE ALLEN THE STATE OF TEXAS Roy Appleton, Jr. County of Denton being duly sworn, says he is the General Manager of the Denton Record-Chronicle, a newspaper of general circulation which has been continuously and regularly published for a period of not less than one year in.the County of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in said paper on the follow- ing dates: AN ORDINANCE ANNEXING A TRACT OF LAND APPROX. 491.13 ACRES 213 lines $85.20 JULY 8r 1983 - i Subscribed and sworn to before me this 8 day of _ JULY 19 83 Witness my hand and official seal. r..0'lr) J Notary Public, Denton County, Texas t PUBLIC NOTICIS K AN ORDINANCE ANNEX-ICE Bl Fill- N(I. HER ING A TRACT OF LANQ CONTIGUO PUBLI JACE,rr YO THE ~9Y OF NI PAPER 'OE1470N, TEXAS: JONG IN THE HATTER OFTHE ,ArcRCiHATLOT, TRACI OR ,PAEL OF LAND CON 51STING OF APPRbXt MATELY 191.13 ACRES OF LAND LYING AND sE1NG SITUATED •f THE COUNT`.' OF DJENTON, STATE OF'T£NAS AN SEING-PATT OE THE W. V'A-V15 SURVEY; ABSTRACT NO. 311, G. MEYERS SURVEY, ABSTRACT NO. 84) AND THE A. MILLER SURVEY, ABSTRACT NO t DEN TON tOUN7W. AFFIDAVIT OF IyUBL1SI-IF11 TO . I'EXAS; CLASSIFYING THE SAME IOUBIACATION OF LEGAL NOTICE AS AGRICULTURAL "A'' DISTRICT PROPERTY; AND DE.CLAR1NG AN EFFECTIVE DATE. WHEREAS, ltip. request 1cr Filed the anhexation Was Introduced al i a regular meeting of the City 1! Council Of We City of Denton. . 19 Texas, won the petition of the City Of Denton, Texas; and WHEREAS, an Opportunity was a}faded, at a public hearing held for that purpose - On fhe 1th day of June. 19x3 in t the COumif Chambers for all lnferested persons fo stale t their views and present ev! - - dence bearing upon the an nexafion provided by this Ordinance: and WHEREAS, an opportunify was afforded, at a public nearing held for that pu.pose , prpuls' on !he 7th day of June,. 1963 vpob'fhe property hereinafter described to this annexattort Drd;naice for all interested persons to state fhelr views and, present evf. dente' bexing upon the an. nexatton 00vided by this ordinance; and WHEREAS, Mrs Ordinance has been PvWished in full at least one time in'the oflicial newspaper oI the City of Denton, Texas, prla to its effecrive date, and after the public hearings; NOYy, THEREFORE, TNe COUNCIL OF THE CF DF.N7CN', TEXAf;, HEREBYORDAti>VS; ` SECTION 1. Thaf 'Ihs hereinafter de- !C scribed tract of land be, and the same Is hereby annexed to the City of Denton. Texas, and the same Is made hereby t a part of said City and the ! land and the present and futut'e Inhabitants therecl _ shaU be'anfiffell $0 all the rights and p~t3rih~!! of other citizens of W Ckry end shad be bound he Vs and ordinances ~f Ity.now In `effect ~Of;. W h mar hereafter be eW and the . me►atrr star as sti4}a~t to IuW shall WaTN4 part of the taxes levied ey fhe City. The iottresteu persons to stale their views and present evi.. denCe'bearing upon the an neyation pfovided by this ordinance; 'ono WHEREAS, this ordinance has been pfblished in full at least one time in the official newspaper of the, City of Denton; Texas, prior to its effective dater end_ 01r the NWic hearing;; NOW, TO,ERFfORE, T COUNCIL Of,TME C ; DEV1ON, 5 HERElsyn SECTION 1. That the hereinafter de scribed tract of land be, and ` the same is hereby annexed ; to the City of Denton, Texas, and IN, sef to Is made hereby a par; of said City WKS t" land and the present and i1 hereof future Inhabila s h file shall be entitled rights and privileges of other citizens of said City and shall be bound by the acts and ordinances of said City na•v in effect Or- w"h may nerealtcr be enacfrd~ and Tha Inerein bear its rorate part of the ed by the City. The 71hattert6in ubject Io and shall nd hereby annexed ed at follows, to- wit; Ali certain fraif or land lyirp and ated in the County of Denton, Stale of Texas, and being part of the W. Davis Survey, Abstract No, 377, G. Meyers Survey, Abstract Nd. 943 and the A. Miller Survey, Abstract No. 16) 4(ld,beln9 more Parficfjlarfy.described as follows: BEGINNING at a Point in Me pre;enl city limits as eslablisheq by Ordinance No. 69 40.' Tract t. said point Ijr~:.easf boundary lineot Laid Davis Survey, sa id point afsp being an'inner ell corner of a Iract Of tend conveyed to Denlon Properltas Joint Ventyra by deed fecxded in Volume-1191, Page 521, said point slso being fpe northeast. corner 11 a Irsd. of - And cgnveyed to Malcolm M, 1- by deed recorded in Volume >49, page 369 of the Deed • Records' of Denton County, Texas:. THENCE +o++lft'89 de9reeti 28' 15" West 2391.91 feet.te a point for a corner; THENCE north 0 degrees o5' west 600,48 feel 10 Of point ofneri for Or THENCE .West 295;60fe'etto a point I,* a corner to the east Iineol Wolfe Road; THENCE Itorlh o degree 1s' east 2 Ji feel along the east line of Woffe Road to a point for a cor%4 in the center of Jim Christ al Road; THENCE along the center of 'Jim Christal Road N,e loltow- in0 .fourteen coorses and distances; (1) florth 19 de• greet W east 15,10.0 feel, (2) north M' degrees 20 east, 55516 feel; (3) norl'1 89 de- grees 10' east, 966.0 feet; ,(4) east $11.6 feet; (5) south 14 degrees r east, 90.0 feet: (6 sa+fh 851100tes 0' east, 3761 feet; (71 east 500.0 feet 1, file be9lnnillg Of a curve; (a) lwo long said curve to vufflleasterly 1hf80,r- 29. I 1 t a haying ' a rK+us of 180.b feel, chord bears, south 71 de,Trlies,I$, 01"- east 79.63. feet 10 6 point of ,tangency; 19), south 61 dtu„rees 30'. east, 368.19 feel 10 the beginning of a curve; (10) soutf4asferly 280.60 feet 01009 said curve to the Jeff havhlg'af adiu's of 55I - tfeet, 11 Chord twg south 78 detireol V 01'• east 258.2 feet to c Po;'t1 of tangency; (11) north M'dwoes 30' east, 1320.0 Ieetr (12) north Is degrees 40 , tent, 693.0 JW to the pointiora co(ner; THENCE north 0 degrees 05' S/" west 600.46 feet to a point for a corner, THENCE west 529560 feet to a point lor a corner ir. '.he east lino! Wolfe Road; THENCE north 0 degrees 15' east 26".35 fcet along the east line of Wolfe Road to a poet for a corner in the center of Jim Christal Road; THENCE along the center of `Jim Christal Road the f011ow- Ing fourteen courses and dislancesp (1) north W de- green X east I6 1r feet; (7) north Be degree, 20' east, $55.0 feet; (1) north 89 de green 10' cast, MO feet; (4) east SILO feet; (5) south so degrees 0' east, 90 0 feel; (Al south 05 degrees 0' east, 316.0 feet; (7) east 500.0 feet to the "Inning of a curve; (B) southeasterly 80.29 feet along said curve to the right having a radious of 160.40 feet, chord bears, soufl 77 degrees 15' 01" east 79.67 feet to a point of tangency; .(9) south " degrees 30' east, 368.19 feel 10 the beginning of a curve; (10) southeasterly 260.60 feet along said curve to the left having a radius of SS3.02 feet,, chard bears, south 76 degrees 0' 01" east 2532 feet to a point Of tangency; (11' north 86 degrees 30' east, 1320.0 feel; (12( north g8 degrees 40' east, 693.0 feet to the beginning of 1 curve; (13) southeasterly 1;9.06 feet along a curve to i.`e right having a radius of 1059.69 feel, chord bears, svulh 82 degrees 10' epst 337.63 feet to a. point of 1 1 (14) south 73 degii t 200.0 feet t0 a poW i d rrwr in the present its as establ+s ed by a7K£ 6940, Tract li THENCE south along the prfisenf city limits a distance of 2905.'11 feel 1d, - place of beginning find Ronlain~ni 491.13 kres of land, more Of less. SECTION 11 The above described Pro, perry Is hereby classified as Agricultural `A' District and shall 50 appear on tM plticial xonin9 reap, of t1 City 01 DefitM, Texas, Whi. me Is hereby amended Ic cardin0ly. SECTION11l This ordinance shall l,1 of lecl a ir+)medlately up6n pass" lnt(odueed,before I8e City Council on the Sth day 01 ;l uly,1"3 PASSED AND APPROVEC by the city council on IM day of ///,1963 RICHARD O. STEWART MAYOR CITY OF DENTON,TExA`- ATTEST: CHARLOTTEALLEN CITY' ECRETARY CITY OF DENTON, TE)4 APPROVEDASTO LEGALFORM C.J. TI V ii.-OR, JP CITY ATTORNEY CITY OF DENTON,TE7tAS JAY 6.1 A RECEIVED JUL 1 1 19$3 TO: EIS CLIENTS MAINTENANCE POLICIES AND PROCEDURES As indicated in our announcement letter earlier this month, TRES Systems, Inc., is presently embarked on a major enhancement project to improve the capabilities offered in our Employee Information System (EIS). The first phase of this improvement effort is the restructuring of the current EIS system to provide even more user friendliness and ease of operation with subsequent phases planned for the addition of new, extended capabilities. These improvements and additions are being made to the new 4.7 release. The new 4.7 release will be made generally available to the current client base in early August. As indicated in our announcement letter, an existing client must be under a current maintenance agreement to take advantage of this long-range improvement plan. Since our maintenance program now has planned and scheduled solid benefits, many of you will be entering our maintenance program. This letter is intended to clarify our policies and.procedures so that we can more effectively address your requirements from a maintenance perspective. Definitions: Maintenance The continued improvement of existing capabilities through the modification of the system to improve the documentation, performance, operational efficiency of existing code, operational system capability or any other improvements which generally improve the effectiveness or reliability of the system configuration licensed by the client. Included as a part of this service will be the correction of errors found by the client in the unaltered code delivered to the client provided that the client is on a current version of the system and is current on the application of maintenance releases. Periodic maintenance releases will be provided by TRES. General maintenance improvements, as described above, will be determined by TRES from both Client and internal suggestions or recommendations. A further definition of maintenance capabilities can be found in Section 7 of the enclosed Licensed Materials Maintenance Order. Modifications Means error corrections, improvements, or refinements to TRES Licensed Materials (not including separately priced features or upgrades). Extension The addition of features or functional capabilities to the base EIS product which are separate and distinct from the base product and are packaged, priced, and deliverable as separate Licensed Materials which, if not delivered, will not affect the successful operation nor the performance of any other separately delivered or priced system component. Enhancements are defined by TRES from both client and internal suggestions and recommendations. ,'"L 7 1.; ~3 Customizations Means alterations, deletio,is, and additions to the Licensed Materials other than those provided by maintenance from TRES. Tax Maintenance Tax updates as supplied by BSI are pa-! of normal maintenance and are supplied under the gent -al maintenance agreement. The maintenance charge is included in the standard maintenance charge. Policy The new 4.7 release which will be available for general distribution in the early August time frame will become the current version of the TRES EIS System. The 4.7 release will be distributed to those clients who are under a current maintenance agreement. Maintenance services for those clients who are not under a current maintenance agreement the time of distribution of the 4.7 release will not receive the 4.7 release and maintenance service will be discontinued. Clients under a maintenance agrcc7rent who receive the current 4.7 release will be required to convert to the new release by January 31, 1984, in order to receive continued error correction support. Clients will be responsible for the installation of the new 4.7 release and for moving any required customizations to the new 4.7 release. TRES is not responsible for the maintenance of client customizations and maintenance activities which relate to customized code will be charged for on a time and material basis. Maintenance error correction support will not be provided to any maintenance client if that client is not under a current r.iaintenance agreement and operational under a current release of the system unless they are in the grace period established for each new release of the system. Those clients who continue to contract for maintenance will be entitled to receive the future improved releases described in the recent announcement letter. The future releases to be delivered to each client will contain only those capabilities and extensions currently licensed by the client. Current extensions not licensed by the -lient or ne,,N extensions added to the current extension catalog wi;l bz available to all clients at the current license charge then in effect for those extensions. The improvements to a client's current configuration of features will be considered a Modification and will be provided as part of the client's maintenance agreement. These types of policies are necessary to allow TRES to provide you with a highly beneficial maintenance program. Certain clients may have some difficulties in adhereing to some of the guidelines which are established herein. Should this be the case, we will be happy to discuss those individual situations to determine if there is a reasonable compromise which serves both our long-term objectives. Thank you for your support, and we are looking forward to an exciting future of the EIS product. Sincerely, P_Z:~t_kRick Bayless Vice President, Marketing dsj 1 Primary Agreement No. 2 Addendum No. SYS 758 3 Licensed Materials Maintenance Order No. SYS 102 4 LICENSED MATERIALS MAINTENANCE ORDER 5 1. CLIENT: City of Denton 6 2. ADDENDUM: This Licensed Materials Maintenance Order, numbered SYS 102, 7 has been made and entered into as of July 1, 1983, by Client and TRES and is 8 an addendurr. .o Primary Agreement Number SYS 753, made and entered into as 9 of May 12, 1981, and expanded by Licensed Materials Addendum Number SYS A 10 to the Primary Agreement, made and entered into as of May 12, 1981. 11 3. MAINTENANCE PERIOD: This Licensed Materials Maintenance Order 12 ("LN71`40") is for: 13 3.1. A subsequent Maintenance Period beginning July 1, 1983, and 14 ending June 30, 1984. 15 4. CHARGES: The Licensed Materials Maintenance Charges for this Maintenance 16 Ppriod are. 17 Charge Descri lion Job Order No. Charge Amount 18 Licensed Materials: 19 Employee Information System 003 $ 71500 20 Separately Priced Features: 21 Benefits/ERISA 03 2,000 2.2 Online Inquiry: CICS 0003 23 Online Data Entry & Validation: CICS 003 11200 800 24 SAS Interface 003 3 50 25 39 Total Charges 11 S5Q Licensed Materials Maintenance Order -1- SYS06-8305 1 5. INVOICING: 2 5.1. If applicable, along with this LMMO, TRES will include an invoice 3 since the LMMO charges are payable in advance. The LMMO charges are net 4 charges and subject to Paragraphs 15.2, 15.3, and 15.4 of the Primary 5 Agreement. 6 5.2. In the event that TRES provides services to the Client during the 7 Maintenance Period which are billable, TRES will invoice Client monthly for all 8 hours worked and Reimbursable Expenses. Invoices will be submitted by TRES 9 on or before the tenth working day of the month for hours worked and 10 expenses incurred during the prior month. 11 6. PAYMENT: Payment terms are defined in the Primary Agreement. 12 7. STANDARD MAINTENANCE PROVISIONS: 13 7.1. For as long as the Client has prepaid the Licensed Materials 14 Maintenance Charges and either is payi.ig or has paid the License Fee, then 15 during the Maintenance Period TRES will: 16 7.1.1. Supply temporary and/or permanent corrections or make 17 reasonable attempts to provide emergency bypass procedures if a problem is 18 identified in the Licensed Materials and if TRES diagnoses the problem as a 19 defect in a current, unaltered release of the Licensed Materials. 20 7.1.2. Provide the Client, at no charge, any known problem solutions 21 relating to the licensed Materials, as said solutions become known to TRES. 22 7.1.3. Provide Modifications to the Licensed Materials to accommodate 23 any new IBM Operating System release, provided the hardware instruction set 24 and/or Operating System remains upward compatible and further provided TRES 25 has available to it all the necessary information regarding the Operating System 26 release and TRES has installed and operated said Modifications for its own use 27 or for the use of any other client of TRES at the time Client requests, in 28 writing, said Modifications. Such Modifications shall be provided to Client at no 29 charge, subject to other provisions herein, as soon as possible after the 30 Licensed Materials update incorporating such Modifications is released for 31 general distribution. 32 7.1.4. Provide (subsequent to the Initial Maintenance Period) the 33 Client with up to sixteen (16) hours per year of on-site consultation by a TRES 34 professional staff member(s) to provide general consulting, system performance 35 evaluation, retraining, and other such cons ulting/nonprog ramming activities as 36 may be required. Client will be charged only for Reimbursable Expenses. 37 7.2. Notwithstanding the foregoing, however, Client understands and 38 agrees that the complete and sole responsibility for the installation of 39 Modifications to the Client's installed version of the Licensed Materials remains 40 with t1e Client and Client shall be responsible for installation of all corrections, 41 problem solutions, Modifications, and other changes to the Licensed Materials 42 provided by TRES hereunder. However, upon request of Client, TRES will 43 deliver and install program corrections and Modifications at the Client site and 44 will invoice Client at TRES's then standard rates for labor and for Reimbursable 45 Expenses. 46 7.3. TRES's correction of errors in program code in a current, unaltered 47 release of the Licensed Materials that TRES has delivered to the Client is 48 subject to the following conditions: 49 7.3.1. Errors will be reported to TRES by an authorized 50 representative of the Client. Ini.ial reporting may be by telephone or whatever 51 mear s deemed expedient by the Client. Licensed Materials Maintenance Order -2- SYS06-8305 1 7.3.2. Should it be determined that TRES will be unable to resolve the 2 problem with the information initially provided, within twenty-four (24) hours, 3 not to include weekends and holidays, of receipt of the initial report, TRES 4 shall advise Client to forward additional information accompanied by the Error 5 Reporting Form, an example of which is attached. Requested information could 6 include all necessary and applicable documentation, data files, listings, console 7 logs, and the like. U 7.3.3. TRES will make a reasonable effort to provide a temporary 9 correction and/or permanent correction or provide an emergency bypass 10 procedure to Client within five (5) working days of receipt of initial report. If 11 more time or data is required by TRES for correction, TRES will inform Client 12 of TRES's proposed course of action and will provide Client with a proposed 13 target date for completion of the correction. TRES may request such additional 14 computer runs as are necessary to duplicate the cone; tVons at the time of the 15 error and to provide additional necessary diagnostic information. If the Client 16 requires a more rapid response time than the target date for completion of the 17 correction proposed by TRES, then TRES will endeavor to meet such sooner 18 date for completion of the correction, but will invoice Client at TRES's then 19 Standard Rate Schedule for all labor time actually spent and for Reimbursable 20 Expenses. 21 7.3.4. TRES will invoice Client at TRES's then standard rates for 22 labor, as well as for Reimbursable Expenses, incurred for analysis of any 23 errors or other conditions not caused by an error in a current, unaltered 24 release of the Licensed Materials. These include, but are not limited to, data 25 errors, program Customization, operator errors, system misuse errors, 26 hardware or operating system malfunction, noncurrent or nonstandard versions 27 of hardware or operating system, later changes of hardware or operating system 28 which require changes in program code, and failure to incorporate corrections 29 and operating system upgrade Modifications previously supplied by TRES. 30 8. AUTHORITY: EACH PARTY HAS FULL POWER AND AUTHORITY TO 31 ENTER INTO, PERFORM, AND EXECUTE THIS AGREEMENT, AND THE PERSON 32 SIGNING THIS AGREEMENT ON BEHALF OF EACH HAS BEEN PROPERLY 33 AUTHORIZED AND EMPOWERED TO ENTER INTO AND EXECUTE THIS 34 AGREEMENT. EACH PARTY FURTHER ACKNOWLEDGES THAT IT HAS READ 35 THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY IT. 36 IN WITNESS HEREOF, Client and TRES have executed this Agreement as of the 37 crate first indicated above. 38 TRES SYSTEMS, INC. CITY OF DENT ON S9 By , By z"74 61 40 Name ORREN Y. EVANS Name G. Chris Hartung 41 Title PRESIDENT Title City Manager 42 Date JUNE 30, 1983 Date August 24, 1983 REViEr„Q BY LEGAL Licensed Materials Maintenance Order -3- SYS06-8305 LORE STAR GAS COMPANY - TRANSaISSION DIVISION STATEMENT OF GAS COST AI+JUSTMENT AND CITY CATE RATE FOR THE MONTH OF SEPMIBER, 1983 PREPARED IN ACCORDANCE WITH THE ORDER OF THE TEXAS RAILROAD COFSMISSION UNDER DOCKET NO. GUD-3543 ((jfLs[~ _ ~~L~~11 AUG P e Tsai r The attached documents cons.sting of an MCCA Statement and Schedules A through F showing the gas cast adjustment, the out-of-period purchase account, the revenue from extracted products account, the correcting account, and the city gate rate to be'charged to the Distribution Division for gas delivered to residential and commercial customers and f v company-used and unaccounted-for gas were prepared by me or under my direct supervision. I hereby certify that the information contained herein is true and correct to the best of my knowledge and belief and that it was prepared in accordance with the atta,.hment to the order of the Texas Railroad Commission in docket CUD-3543 dated November 22, 1982. G. It. Vaughn, Director of Revenue Requirements Lone Star Gas Company Filed; August 19, 1983 MGCA Statement LONE STAR GAS COMPANY - TRANSMISSION DIVISION STATEMENT OF GAS COST ADJUSTMENT AND CITY GAZE RATE* EFFECTIVE SEPTEMBER, 1983 IN ACCORDANCE WITH ORDER OF TEXAS RAILROAD COMMISSION UNDER DOCKET NO. GUD-3543 Line ?Icf Amount Amt./Mcf 1 Estimated Gas Purchases 35 285 000 $124 380 000 $ 3.5250 2 Plus Estimated Withdrawal From Storage 988 000 3 118 000 3.1559 3 Less Estimated Injection Into Storage 2 621 000 9 484 000 3.6185 4 Estimated Net Gas Received Into System 33 652 000 $118 014 000 3.5069 5 Ratio Volume Sold To Volume Received .9754 6 Estimated Weighted Average Ccst Of Gas Sold (EACOG) 3.5953 7 Plus Cas Cost Correction Factor (MGCCF) Based On July, 1983 .1171 8 Less Base Cost Of Gas Included In Base Rate 3.5195 9 Less Extracted Products Revenue Adjustment (MEPRA) Based On July, 1983 .3242 10 Plus Base Extracted Products Revenue Per Mcf .0890 11 Plus Out-of-Period Adjustment Per Mcf (MOPA) Based On July, 1983 .0682 12 Subtotal .0259 13 State Utility Tax Recovery Factor X 1.0025 14 Gas Cost Adjustment (MGCA) .0260 15 Plus Base City Gate Rate 4.0200 16 Regular City Gate Rate 4.0460 17 Less Credit Pursuant to FERC Incremental Pricing Surcharge .0000 18 City Gate Rate $ 4.0460 r x *Intracompany charge to the Company's distribution divisions for sale to residential and commercial customers and for distribution company-used and unaccounted-for gas. Schedule A LONE STAR GAS COMPANY - TRANSMISSION DIVISION GAS COST CORRECTION ACCOUNT (GCCA) FOR THE MONTH OF JULY, 1983 AND GAS COST CORRECTION FACTOR (MGCCF) FOR THE MONTH OF SEPTEMBER, 1983 Line GCCA For July, 1983 1 Balance In Account At Beginning Of Month (GCCA2p) $(1 272 828) 2 Weighted Average Cost Of Gas During Month (IdACOGP) $ 3.6-07 3 Less Estimated Average Cost Of Gas During Month (EACOGP) 3.3887 4 Excess Of Actual Over Estimate $ .0820 5 City Gate Sales Mcf During Month (RCSVp) 5 248 373 6 Charga/Addition To Account (TGCCP) 430 367 7 City Gate Sales Mcf During Month (RCSVp) 5 248 373 8 Gas Cost Correction Factor Charged During Morith (MGCCFp) $ .2592) 9 Credit/Reduction To Account (1 360 378) 10 Interest On TGCCP (TGCCi = Line 6 x .01167)* -0- 11 Balance In Account At End Of Month (GCCAc) $ 517 917 MGCCF For September, 1983 12 Estimated City Gate Sales 11cf (RCSVf)*** 4 424 676 13 Gas Cost Correction Factor (MGCCFf = Line 11 t Line 12) $ .1171** *Applies only when [(Line 3 - Line 2) t Line 21 is equal to or greater than 0.05. **Enter on V ne 7 of MGCA Statement. ***Adjusted City Gate Sales During September, 1932 To Normalize I-leather. a. Base Load Per Customer Per Month From Docket GUD-3543, Afcf• 4.365 b. Number Of Residential And Commercial Customers Billed X 1 137 283 C. Base Load Sales, Mcf 4 964 240 d. Total City Gate Sales, Mcf 4 424 676 e. Heating Load Sales, Mcf (d-c) (539 564) f. Ratio Normal HDD (-0-) To Actual Hdd (-0-) At D!F14 Airport X_ 1.0000 g. Normalized Heating Load Sales, Mcf (539 564) h. Base Load Sales, Mcf (c) 4 964 240 i. Normalized City Gate Sales, Afcf 4 424 676 Schedule B LONE STAR GAS CO?iPANY - TRANSMISSION DIVISION WEIGHTED AVERAGE COST OF GAS (WACOG) FOR THE MONTH OF JULY, 1983 Line Mcf Amt./:Icf Amount All Sources 1 Gas Purchased Per Books (Before EEI Fuel And Shrinkage Exclusion) 34 634 524 $3.6092 $125 001 586* 2 Less Purchases For Off-System Sales 2 596 2.6460 6 869 3 Less Purchases For Sec. 311b Sales _ - - - 4 Subtotal 34 631 928 3.6092 124 994 717 5 Less Purchases For EEI Fuel And Shrinkage 903 671 3.6092 3 251 529 6 Les, Out-of-Period Adjustment Amount - - (471 188) 7 Total Gas Purchased (TGPa, ACG?a, TCOGa) 33 728 257 $3_6232 $122 204 376 Non-Affiliated Suppliers 8 Gas Purchased Per Books (Before EEI Fuel And Shrinkage Exclusion) 32 520 978 $3.6390 $118 343 252 9 Less Purchases For Of-System Sales 2 596 2.6460 5 869 10 Less Purchases For Sec. 311b Sales - - 11 Subtotal 32 518 382 3.6391 118 336 383 12 Less Purchases For EEI Fuel And Shrinkage 903 571 3.6092 3 261 529 13 Less'Out-of-Period Adjustment Amount - - 28 786 14 Total Gas Purchased (TGPn, ACGPn, TCOGn) 31 614 711 $3.6390 $115 045 068 15 Liner? 11cf And Lesser Amt./Picf On Line 7 Or 14 33 728 257 $3.6232 $122 204 376' 16 Plus Withdrawals From Storage (TGWS, ACSW) 3 173 896 3.1355 9 951 751 17 Less Injections Into Storage (ACSI, TGIS) 1 405 230 3.6036 5 063 887 18 Net Gas Received Into System 35 496 923 3.5804 $127 092 240 19 Ratio Volume Sold To Volume Received - .9754 20 Weighted Average Cost Of G4s Sold (WACOG) $3.0707** X *Includes NGPA accruals of $484,550 and NGPA reversals of $371,110. **Enter on Line 2 of Schedule A. Schedule C LONE STAR GAS CO;IPANY - TRANSMISSION DIVISION EXTRACTED PRODUCTS REVENUE ACCOUNT (EPRA) FOR THE MONTH OF JULY, 1983 AND EXTRACTED PRODUCTS REVENUE ADJUSTPIENT (MEPRA) FOR TIIE MONTH OF SEPTEMBER, 1983 Line EPRA For July, 1983 1 Balaace In Account At Beginning Of Month (EPRA2p) $1 087 678 2 Contract Revenue From Ens.Expl.In Acct. 491 (LSCR) $2 151 422 3 Enserch Exploraticn Operating Income (EEIOI) $4 882 389 4 Portion Assigned To LSG Co. For This Purpose .4073 5 Amount Of EEIOI Assigned For This Purpose 1 988 597 6 Plus Remainder Of Revenue In Acct. 491 (TOR) 350 308 7 Plus Incidental Oil S Gasoline Revenue In Acct.492 (TOR) 274 671 8 Less Windfall Profits Taxes Related To Acct. 492 Revenue (WPT) 26 108 9 Total Extracted Products Revenue For This Purpose $4 738 890 10 Monthly Allocation Factor From Schedule F (MAF) Y .3187 11 Credit/Addition To Account (TEPRC)* 1 510 284 12 City Gate Sales Mcf During Month (RCSV) 5 248 373 13 Extracted Products Revenue Credited During Honth (HEFRA) X$ .2215 14 Charge/Reduction To Account T t 162 515 15 Interest [EPRAi = (Line 1 - Line 14) x .01167] _ 873) 16 Balance In Account At End Of Month (EPRAc) $1 434 574 MEPRA For September, 1983 17 Estimated City Gate Sales Mcf From Schedule A (RCSVf) 4 424 676 18 Extracted Products Revenue Adjustment (NEPRA = Line 36 Line 17) $ ,3242** *If less than zero, the credit/addition to the account shall be zero. **Enter on Line 9 of MGCA Statement. • Schedule D LONE STAR GAS COMPANY - TRANSMISSION DIVISION OL'T-OF-PERIOD GAS PURCHASED EXPENSE ACCOUNT (OPGPEA) FOR THE MONTH OF JULY, 1983 AND OUT-OF-PERIOD ADJUSTMENT (MOPA) FOR THE MONTH OF SEPTEMBER, 1983 Line OPGPEA For July, 1983 1 Balance In Account At Beginning Of Month (OPGPEA2p) $1 071 401 2 Out-of-Period Adjustment Expense During Month (OPGPE) $ (471 183)* 3 Less 0% Of Amount Related To Deliveries After 11-30-82 -0- 4 Less 5% Of Amount Related To Deliveries 2-3-80 To 11-30-82 (30 392) 5 Less 15% Of Amount Related To Deliveries 7-1-75 To 2-2-80 3 330 6 Less 35% Of Amount Related To Deliveries 3-1-72 To 6-30-75 -0- 7 Reduced OPGPE For This Purpose $ (444 126) 8 Monthly Allocation Factor From Schedule F (MAF) X .3187 9 Net Charge/Addition To Account (141 543) 10 City Gate Sales I•Icf During Month (RCSV) 5 248 373 Al Out-of-Period Adjustment Charged During Month (MOPA) X$ .0864 12 Credit/Reduction To Account 453 459 13 Interest (OPGPEAi = (Line 1 - Line 12) x .011671 7 211 14 Balance In Account At End Of Month (OPGPEAc) $ 483 610 MOPA For September, 1983 15 Estimated City Gate Sales Mcf From Schedule A (RCSVf) 4 424 676 16 Out-of=Period Adjustment (MOPA = Line 14 -t Line 15) .1093** *Includes $541,276 in out-of-period gas purchased expense classified as roll-over. **Enter on Line 11 of MGCA Statement if less than $.0600. If more than $.0600 enter $.0600 plus 1/6 of amount in excess of $.0600. Schedule E LOVE STAR GAS COlIPANY - TRANSMISSION DIVISION OUT-OF-PERIOD ADJUSTMENTS - ALL SOURCES FOR THE MONTH OF JULY, 1983 Adjustment Amount From 3-1-72 From 7-1-75 From 2-3-80 After To 6-30-75 To 2-2-80 To 11-30-82 11-30-82 Supplier Out-of-Period Price Adjustments Warren Petroleum Company $ - $ 25 636 $ 63 359 $ 4 265 Rutherford Oil Corporation - - (73 919) (18 717) Fagan O'Connor - - - 6 900 Intrastate Gas Transmission - - - (36 624) Southland Royalty, Inc. - - - (6 192) Getty Oil Co. - - - 43 213 Ed Antle - - (14 455) Seagull Pipeline Corp. - - (117 503) (42 111) Delta Oil & Gas - - - (15 696) Tom F. Marsh, Inc. - - - 5 353 Enserch Expl., Inc. - - (42 699) - Alamo Petroleum - - 32 667 (17 761) Various Other Adjustments - - _4 285 8 116 Total $ - $ 25 636 $ (133 810) $ (83 709) Out-of-Period price Corrections Natural Gas Pipeline Co. $ - $ - $ (216 483) $ - Warren Petroleum Corp. - (56 964) (82 587) - Enserch Expl., Inc. - - (293 203) (134 349) Getty Oil Co. - - (76 427) Getty Oil Co. - - - 75 030 Getty Oil Co. - - - (96 519) Ferguson Crossing Pipeline Co. - - 104 481 (551 989) Getty Oil Co.t~ - - - 110 840 Highland Resources, Inc. - 71 415 - - Mobil Oil Corp. - - - (67 940) Best Petroleum Expl. - - - 71 705 Ridge Oil Co. - - 58 580 - Amoco Prod. Co. - - - (136 641) Eastex Gas Trans. Co. - - - (53 686) Esperanca Pipeline Corp. - - - 82 397 Highland Resources, Inc. - - - 61 262 MCZ, Inc. - - - 70 460 Mobil Oil Corp. - - - (71 212) Mobil"Producing Co. - - - 53 751 Sun Oil Co.' - - - 53 681 Superior Oil Co. - - - (354 433) Teco Pipeline Co. - - - 318 942 Upham Oil & Gas - - - 91 097 Warren Petroleum Corp. - - - 55 832 Woodson Gas Co. - - - 213 016 Valero Trans. Co. - - (214 972) Various Other Corrections - (17 884) (44 915) 698 310 Total $ - $ (3 433) $ (474 027u$ 198 155 Total Adjustments and Corrections $ - $ 22 203 $ (607 837) $ 114 446 Recovery Disallowance x .35 X .15 X .05 x .00 Recovery Amount Disallowed* $ - $ 3 330 (30 392) $ - *Enter on Lines 3, 4, 5, and 6 of Schedule D. r Schedule F Y N .nnn n P^P n w y O m R:n W !~p~ y0 NNNNNnnn 9 L N t/ Q N O u > H U N •-I R U 6 w C m V W W .~pn V R H J N .w `T s M1 rv 9 O P N If y -t N C n P.r O P F V •Na r. n n V N.~n p u> 1.HmN OaL rI r N rCmnv, nnn yj ' O V ~ ^.ni .n+n nnn n u rI w ~ U T ~t H O .I n rp N O r0 W n V H O H Z n u n.0 v1 •nNOOnny PNVInn n,On n •O m N .P m -a m N .0 0~ n J .p n P Vt n Ji lq Hh NH NNPOJN nP ~'.1m nnHW R V NvtPm Nn OO NHnn.-IN.O PHP V ~ u C nm V ^V •aPm aH ronnvl ,p rp~rv F• V NNyTdN V J•intiO.nmN prp u'I Vl N N •1 .a a.I W n N n N O yl P r~ N N W m W W cm o •N.O r1 hm•~n C R?~ ONV U n Om^ n N Nn:; J.T .+.r V On mJV n O~ .Ni fA P nPn Jnn n W m r. n. .p y~ V n V J V V V J V J O 7 W NPmm PNn n.pHHNr-Jn VJ•a y NC u NnnWn.p P•+.ONNPnVn m.0 ~•N y 1 V OP V POPm V rnmul vC Vy V v. u .aC V nNNV+n Pm•D OnNP OH V O N U V R V I J r+ P r a n n N n N n~ N J f l n n V n n < Z V N .On C.+m .n V ONPM1NrcH rrrJ •~v w O .0 .a U V n V n N m n W m u1 P n• C h N V J n n n J d n n n v J n n Ne. N M I Z V V PW On N~Tnm H ~.m PmNN 1n } C `Z V W n .i n .d n n -I N W,~ n V m N J .(1 V I^. y N V: V P H n V~ v~ N .O T m n vI P n vi V P L N 06 ¢.i S. ra HnV N••r .r NN✓+V m DPV n..>: m V el N O.J•[ NN\'nn PPm••..i r(•Hn ry N j y~ OOOOHN•rHO•JPPUmn W PT_ P IG.1 iW!'. wI MHHHH^H ••1H H I N ~ V O R R I P m I J1 P P O m P n H In C m C n J O L OviN O~~PP P V CJ V P`^V .>.rm P ry IJ H N I b •O I N V n m P N CO P C O P mn m rn ~ 1 d W y n vlnn NHNN HN wH Hn^•I fi y 00 L V N W W G ul n l l l l l l l l l l l l l l O L 'LI W O O O O O O O C G O O O O C COO G m Z H .O 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 n 11 P U 0 U y } M e 0 ^ c a .i W V .O .OH~]mNHV1 PNNOPn yVJ .a ~ • H N S O a0 P C n n C b Q r .J•I n~ n N V n r~ O i V N N n m O V Y 1 • V JON OwHN.~. .U J HNNUJ d.p C r~ N O E M HNV)m p H.O p ~•HPNnJP HnH C H I'• Gti N nMnPn NJ1 C t4 Jm V nJ n rJ R Nn NPNtCN hmn P.~ P PN VJ[n r 'O N N O V V nnn V V nnn V V n n n N rv n i V N W O O H N n J L •PW.1 Cm+ T L y ~ ~ U L L ~ Y rE L L' Y V U T Y iUi L y V T. Y O R 7tH E C A L q J O A Y ] L u w R ':I d E E r: ] l H 1 J A 6 E j H u Y c a L L ] u o c] Lit y y, y u o u U C L u u „ u v! r L f L v O i rC! G ry G T 7] O V O C` C V r Yry. L r W ^I L. i~<~ nn<vl, z O^Iw a.<5~. x'-16 V1OZO tiw i 611 ^1^16 t THE STATE OF TEXAS § § SANITARY SEWER REIMBURSEMENT AGREEMENT COUNTY OF DEN7'ON § THIS AGRE124ENT is wade and entered into as of the -V-- day of . 1983 by and between GOLDEN TRIANGLE JOINT VE RE ~ , INCAN PROPERTIES LTD., MARTINO DEVELOPMENT COMPANY and DENTON TOWNE CENTER JOINT VENTURE, hereinafter called "Developers", and the City of Denton, Texas, a home rule municipal corporation, hereinafter called "City". W I T N E S S E T H: WHEREAS, Developers, in order that their properties could properly be served with sanitary sewer services, did, in accordance with the provisions of Sections 25-75 through 25-79 of the Cody of Ordinances of the City of Denton, Texas, contract for and pay for the cost of the construction and installation of a sanitary sewer main extension hereinafter referred to as "sewer main", located in the City of Denton, Texas, as shown on the attached "Target Denton 18 inch S.S. Prorata Exhibit", said exhibit being incorporated herein by reference for all purposes and showing therein said sanitary sewer main extending from "Point of Beginning" to "Point 3"; and WHEREAS, Developers desire to receive reimbursement of the cost of such sewer main in an amount not to exceed One Hundred Fifty-Three Thousand Two Hundred and Seventy-Three and No/100 Dollars ($153,273.00), as sach prorata construction costs are paid to the City by the users of said sewer main, as provided for In said ordinances. NOSP, THEREFORE, PREMISES CONSIDERED: 1. That in consideration of the construction of said sewer main for the benefit of Developers, which has been constructed by the Developers at the City's direction, and in consideration of the reimbursement to Developers of prorata construction cost collected by the City from users extending service lines to , said sewer main, and in further consideration of the transfer to the City of all of Developers' right, title and interest in the aforesaid sewer main and all appurtenances thereto, and all easements, rights of way and permits secured by or for Developers for the purpose of locating said sewer main, City hereby agrees to accept said sewer main upon final approval thereof, after inspection, and further agrees to continue to provide sanitary sewer service to Developers above named for such monthly service charges as are, or may be, established pursuant to law by the City. II. That the City further agrees to reimburse Developers up to the costs of construction of such sewer main, in the amount of One Hundred Fifty-Three Thousand Two Hundred and Seventy Three I and No/100 Dollars ($153,273.00) pursuant to the provisions of Section 25-75 and 25-76 of the Code of Ordinances of the City of Denton, Texas, as amended, with the following limitations: (a) Reimbursement to Developers for construction costs of said sewer main received by the City for prorata costs collected from users extending a service line to said sewer main shall continue from January 15, 1982, to January 15, 1992, but not beyond; (b) Reimbursement shall not apply to main extensions constructed by the city, or at its direction, from the sewer main specified herein; (c) Reimbursement to Developers for prorata costs collected by the City for extension of service lines to said sewer main by users shall be paid to Developers except Denton Towne Center Joint Venture which hereby waives its right to any prorata reimbursement, as follows: (i) For taps between the point of beginning and point 0, as indicated in the attached exhibit: Martino Development Company - Fifty Percent (508) Golden Triangle Joint Venture - Twenty Five Percent (258) Duncan Properties, Ltd. - Twenty Five Percent (258) (ii) For taps between point 0 and point 1, as indicated in the attached exhibit: Golden Triangle Joint Venture - Fifty Percent (508) 2 Duncan Properties, Ltd. - Fifty Percent (50%) (iii) For taps between point l and point 20 as indicated in the attached exhibit: Duncan Properties, Ltd. - One Hundred Percent (1008) ,iv) For taps between point 2 and point 30 as indicated in the attached exhibit, there shall be no prorata costs collected by the City from users extending service lines to said sewer main and therefore no reimbursement to Developers. (d) All reimbursable prorata tapping charges incurred under the provisions of Section 25-76 shall be paid directly to City, and City shall transfer amounts due to Developers within thirty (30) days of receipt. (e) Developers will not be obligated to pay any prorata construction costs of said sewer main to the City where service lines are extended from properties owned by said Developers on the date of this agreement to said sewer main. IIl. That for and in consideration of the fulfillment of the agreements by the City, as aforesaid, and in consideration of the agreements to be performed in the future by the City, as aforesaid, Developers hereby transfer to the City all of their right, title and interest in and to the sewer main extensions described above, and any and all easements, permits and righcs or way secured by them for the purpose of locating the aaid sewer main extension. WITNESS the hands of the parties hereto on the day and year first above written. CITY OF DENTON, TEXAS V ICH RD O. TEWART, OR ATTESTS /6ho'g- -112 CHARLOTT ALLEN, CITY SE RE• Y CITY OF DENTON* TEXAS 3 APPROVED AS TO EGAL,FO : C C.J. TA R, JR CITY ATTORNEY CITY OF DENTON, .EXAS GOLDEN T GLE JO7 ENTURE DUNCAN PROPERTIES, LTD. may. r BY: ~t BY: TIT : 7 - TITLE: MARTINO DEVELOPMENT COMPILNY DENTON TOWNE CENTER JOINT VENTURE BY: BY: //K X~, GtJI , TITLE: TITLE: ti1cU •1269Z i 4 rn TARGET DENTON 18 INCH S. S. PRORATA EXHIBIT 133-4 NI 3-lVOS OlHdVHO OOOZ 0091 OOZI 008 OOb ao 0 020 N ' N L 1 C T 1 o" r 7l (1 x 77 Z C) G O s ;q i Z rn Os rn z fn mx 70 Q > LI s_ --D 70 r- C) J -4 Z LA 70 z :N rn LI) % w A3 V, rn 'A NNIE)Aeqo .1 \ f , X Z b g t / ~ co I \ 1• I \ / f ` ~ \ f ~ .fir - / ~ _ 1 < < o Alp In N L v a • m -o1 -TO pN 103road 1333 NI 3-1VOS OIHdVaJ f am- 000Z 0031 0021 008 OOb 0 01 oS ~s A p 2 N C m / ~4 r m• c rn (1 ay _Z =f n Z rn 70 z= rn M A X Cp y ~ r•/ i N Y~ . .y fat N z JI 1 Ir 1 r ~ r Ott A3 ` z lot. Z.z ° 1 `/fr \ • r4r \ \ `~~4 / .YY~_ = _ SAY . Imo/ ~ ('4• • ~ i \ 1~ ~ i ~1~ 1~ Ilz • N m a I • 1 a 00V a f ? f1 I ` 1~~1' ~ r~r~ I~ /1•/77 ; i `1 r\ 1 E S r I I '17 EbhTli C_ 'r • ~ \ ` ~ ' . ~ ++r , ~ G Mr 1,~/ /1 '111 ~'',J~-mot` •'J~ ~ l 1~\` ~.i = 3Wda IA3 ~ ~ ~ ~ f/ ..n /'p`a`s , , r°4• ~ 1. `,``•ty y~• - I ~ . ~ •-•~1~~•~_ ~ °9 ~ p♦ ' tip j ~ ~ ~ / ` r .0 1 N1 OT ',r ~ .a. //~4 ~ ~ ~ `I. ~ r' ~~/ice// ~I -W, de S 711 1 1 1. 1 1 1 11 J~ •f 1' `M / !f• 'l11 Y °f•tt 14 Jl ! 1~w!°. 'r ~ ~ \f i a ~ r. 7 Jam. A r ILI \ f1 / , ~ l ~ f ell b y, nN r a l~ „ ~ lY~ r cif ~ ~ ~ VVIII:F Nl~. 10 IN, NN 0 do - rn 11 ~ 1; `jp 1 " 4i . W 0 a m y ~ f~ I ' s t %ts . , 0 MTK LEA ` •r ` _z ~ ' irr~ ; /`,fir . if/, ~ r. BB r ~ / i j•~ ' ~ - `yam r ♦ • ~ ~ 1 / • ' 10 11, V-V, r E h ~a F I 1 1 I I -IND 0~1 a v1 ~ °f ! ter- 1 //l ~ '_i ~ i~'`~\~ •.Rf •°f'f y. • ~ ! f ` / ~ ~r ~{.tom r ~ / ` ~ ~ iii" / i ~ _ I' ~ ~ ~ ~ .0 1N1 . \ ~ it f ~ / j ~ {I ~ X11 ~ N3A ' iN10P ~'1 NV 1 036'109 ,k~ , F/ r 3 i t I' i i - ~ ~ 11 I t ~ ` , L£Ll / A I f! N3A 1NIOf \ / 1 N i r! Il~~" ~IDNd 1 X130!09 t / z f11 ` \^f I t ' .u IS I , • / ' , f It / r i 1 °d 4(~; ` f wo, t t .1 I l l tk,! ~ I ~ " r' •1111' 'I / , • / • I II -~._X li r t r X11 { , \ ti ~ / 1;' Ilf• fAp Q 11_ r -fir ~ } / % a \ J ) ♦ ~ I _ ♦ y i i '•I I~ '~i f" 01' f 1 O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I, Deborah Darley, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Board of Adjustment of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. Subscribed and sworn to before me the undersigned on this the 11th day of July, A.D. 1983. To certify which witness my hand and seal of office. CITY SECRETARY CITY OF DENTON, TEXAS 0264C/0900C O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I, Janeda Peploe, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Board of Adjustment of the City of Denton, Texas, and will to the best of my bility preserve, protect, and defend the Constitution and laws of the United Stares and of this State and the Charter and Ordinal es of this City. Subscribed and sworn to before me the undersigned on this the 11 th day of July, A.D. 1983. To certify which witness my hand and seal of office. CITY S CRET RY CITY OF DENTON, TEXAS 02b4C/0900C O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I, Joe Holland, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Board of Adjustment of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances his City. - A== Subscribed and sworn to before a the undersigned on this the 11th day of July, A.D. 1983. o certify which witness my hand and seal of office. CI CR CITY OF DENTON, TEXAS 0264C/0900C O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION 1, Steve Kniatt, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Electrical Code Board of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. .-1,J_ V Subscribed acrd sworn tc before me the undersigned on this the 12th day of :uly, A.G. 1933. To certify which witness my hand and seal of office. CITY SECR STAR CITY OF DENTON, TEXAS 0264C/0900C 0 A T it O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I, Bill Perry, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Alternate on the Electrical Code Board of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of t'ni ity. i Subscribed and sworn to before me the undersigned on this the 12th day of July, A.D. 1983. To certify which witness my hand and seal of office. G CrTY SECRETARY CITY OF DENTON, TEXAS 02b4C/09000 e i O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I, Bra' Carrell, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Alternate on the Electrical Code Board of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. Subscribed and sworn to before me the undersigned on this the 12th day of July, A.D. 1983. To certify which witness my hand and seal of office. C -SECRETARY CITY OF DENTON, TEXAS 0264C/09000 O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION 1, Rudy Morena, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Human RePources Advisory Board of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Chart3r and Ordinances of this City. -_Avwf t1t a- I Subscribed and sworn to before me the undersigned on this the 12th day of July, A.D. 1983. To cer y which witness my hand and seal of office. C 'rY SECRETARY CITY OF DENTON, TEXAS 02b4C/0900C O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I, Lupe Gonzalez, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Menber of the Library Board of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. 04 0 C4 Subscribed and sworn to before me the undersigned on this the 12th day of July, A.D. 1983. To certify which witness my hand and seal of office. CITY SECR AR CITY OF DENTON, TEXAS 0264C/09000 O A T H O F 0 F F 1 C E CITY OF DENTON BOARD AND COMMISSION I, Sarah Lockhart, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Libzary Board of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. Subscribed and sworn to before me the undersigned on this the 12th day of July, A.D. 1983. To certify which witness my hand and seal of office. 'b'&I'zz CET SECRF. R- CITY OF DENTON, TEXAS 0264C/090CC 0 t► T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I, Bob Widmer, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Plumbing and Mechanical Code Board of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Cons►.tution and laws of the United States and of this State and the Charter and Ordin nces of this City. Subscribed and sworn to before me the undersigned on this the 12th day of July, A.D. 1983. To certify which witness my hand and seal of office. 11414~-I' C ECR'TARY CITY OF DENTON, TEXAS O264C/0900O O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I, Charles Cryan, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Public Utilities Board of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. el~C20 Subsctihed and sworn to before me the undersigned on this the 12th day of July, A.D. 1983. To certify which witness my hand and seal of office. I ~C~-- 4A CI SECRE ARY CITY OF DENTON, TEXAS 0244C/0900C O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION 1, John Tompkins, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Citizens Traffic Safety Support Commission of the City of Dencon, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. Subscribed and sworn to before me the undersigned on this the 12th day of July, A.D. 1983. To certify which witness my hand and seal of office. C1117 SECRETARY CITY OF DENTON, TEXAS 0264C/0900C O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I, Doris Chipman, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Citizens Traffic Safety Support Commission of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. Subscribed and sworn to before me the undersigned on this the 12th day of July, A.D. 1983. To certify which witness my hand and seal of office. CI SECRETARY CITY OF DENTON, TEXAS 0264C/0900C O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I, Virginia Gallian, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Citizens Traffic Safety Support Commission of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. Subscribed and sworn to before me the undersigned on this the 12th day of July, A.D. 1983. To certify which witness my hand and seal. of office. CI .iECRE RY CITY OF DENTON, TEXAS t 0264C/0400C 0 A T 8 O F O F F I C E CITY OF DENTON BOARD AND COMMISSiON I, Bob Miller, do solemnly swear {or affirm} that I will faithfully execute the duties of the office of Member of the Building Code Board of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the united States and of this State and the Charter and Ordinances of this City. Subscribed and sworn to before me the undersigned on this the 12th day of July, A.D. 1983. To certify which witness my hand and seal of office. ii n CITY SECRETARY CITY OF DENTON, TEXAS 02b4C/0900C I O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I, Cliff Reding, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Alternate on the Building Code Board of the City of Denton, Texas, and will to the beat of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this y Subscribed and sworn to before me the and reigned on this the 12th day of July, A.D. 1983. To certify which witness my hand ; and seal of office. 6 CITY ECR TARY CITY OF DENTON, TEXAS 0264C/0900C O A T H O F 0 F F 1 C E CITY OF DENTON BW-% AND COMMISSION 1, G. L. Seligmann, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Membar of the Cable TV Advisory Board of the City of Denton, Texas, and will tv the beat of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. 00, . .9 .de Subscribed and sworn to before me ,the undersigned on this the 12th day of July, A.D. 1983. To certify which witness my hand and seal of office. Y SECRETARY CITY OF DENTON, TEXAS 0264C/0900C O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I, Frank Hayward, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Airport Advisory Board of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Orlinances of this City. 1K A Subscribed and sworn to before me the undersigned on this the 12th day of July, A.D. 1983. To certify which witness my hand and seal of office. CI1 SECRETA Y CITY OF DENTON, TEXAS 02b4C/0900C O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I, David Hoenig, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Electrical Code Board of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Conatitution and laws of the United States and of this State and the Charter and Ordinances of this City. Subscribed and sworn to before me the undersigned on this the 12th day of July, A.D. 1983. To certify which witness my hand and seal of office. Ao~ 56,411 C ECR ARY CITY OF DENTON, TEXAS 0264CIO9000 O A T H O F O F F I C E CITY OF DENTON BOARD AND COW4ISSION I, Irene Price, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Human Resources Advisory Board of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. -r- Subscribed and sworn to before me the undersigned on this the 6 th day of July, A.D. 1983. To cert y which witness my hand and seal of office. CITY SECR ARY CITY OF DENTON, TEXAS 0264C/09000 • O A T H O F O F F I C E CITY OF DENTON BOARD ANT COMMISSION I, William Crouch, d-) solemnly swear (or affirm) that I. s:i:l faithfully execute the duties of the office of Member of the Human Resources Advisory Board of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitucion and laws of the United States and of this State and the Charter and Ordinances of this City. &Ar C. Subscribed and sworn to before me the undersigned on this the 6 th day of July, A.D. 1983. To cert which witness my hand and seal of office. ITY SECRETARY CITY OF DENTON, TEXAS 0264C/09000 O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I, Mike Campbell, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Parks and Recreation Board of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. Subscribed and sworn to before me the undersigned on this the 12th day of July, A.D. 1983. To certify which witness my hand and seal of office. CI SECR AR CITY OF DENTON, TEXAS 0264C/0900C O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION L, Thomas Pearson, do solemnly swear (or affirm) that I will faithfully execute the duties ti the office of Member of the PlanniVg and Zoning Commission of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. Subscribed and sworn to before me the undersigned on this the 12th day of July, A.U. 1983. To certify which witness my hand and seal of office. CITY 2CR AR CITY OF DENTON, TEXAS 0264C/09000 O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I, Donald Pickens, do solemnly swecr (or affirm) that I will. faithfully execute the duties of the office of Member of the Human Resources Advisory Board of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Or finances his Cit . Subscribed and sworn to before me the undersigned on this the 12th day of July, A.D. 1983. To cert y which witness my hand and seal of office. i Ty SE ETARY CITY OF DENTON, TEXAS 0264C/0900C O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I, Robert LaForte, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Planning and Zoning Commission of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances o this City. Subscribed and sworn to before me the undersigned on this the 12th day of July, A.D. 1983. To certify which witness my hand and seal of office. id-ITY SECRETARY CITY OF DENTON, TEXAS 0264C/0900C O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I, Patrick W. Emmott, do solemnly swear (or affirm) that 1 will faithfully execute the duties of the office of Member of the Denton Housing Authority of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. 7/2 Subscribed and sworn to before me the undersignf.n on this the 12th day of July, A.D. 1983. To certify which witness my hand and seal of office. CITY S CRETARY CITY OF DENTON, TEXAS 0264C/0900C O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I 1, Mary Hardin, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Historic Landmark Commission of the City of Denton, Texas, and will to the best, of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. C. A&~6 Subscribed and sworn to before me the undersigned on this the 12th day of July, A.D. 1983. To certify which witness my hand and seal of office. CITY S CRET RY CITY OF DENTON, TEXAS 0264C/09COC O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I, Joe Bayer, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Electrical Code Board of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances o;ethe City. Subscribed and sworn to before undersigned on this the 12th day of July, A.D. 1983. To certify which witness my hand and seal of office. CITY SECRETARY CITY OF DENTON, TEXAS 0264C/0900C O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I, Rodney Hutton, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Library Board of the City of Denton, Texas, and will to the best of my ability preserve, protect, arid defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. i 417 Subscribed and sworn to before me the undersigned on this the 12th day of July, A.D. 1983. To certify which witness my hand and seal of office. CITY SECRETARY CITY OF DENTON, TEXAS 0264C/09000 O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I, R. B. Escue, Jr., do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Planning and Zoning Commission of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of th City. I Subscribed and sworn to before me the undersigned on this the 12th day of July, A.D. 1983. To certify which witness my hand and seal of office. a CITY SECRETARY CITY OF DENTON, TEXAS 0264C/09000 O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I, Ronnie Roberts, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Parks and Recreation Board of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. .J 0 Subscribed and sworn to before me the undersigned on this the 12th day of July, A.D. 1983. To certify which w' •:ness m7 hand and seal of office. l CIT S CRE'TARY CITY OF DENTON, TEXAS 0264C/09000 O A T H O F O F F I C E CITY OF DENTONI BOARD AND COMMISSION I, Jana Malone, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Parks and Recreation Board of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United StateF and of this State and toe Charter and Ordinances of this City. 'b. pIKw) Subscribed and sworn to before me the undersigned on this the 12th day of July, L.D. 1983. To certify which witness my hand and seal of office. CITY S CRETARY CITY OF DENTON, TEXAS 0264C/0900C O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I, Ed Coomes, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Public Utilities Board of the City o; Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. tl'l 1V Subscribed and sworn to before me the unde rsigned on this the 12th day of July, A.D. 1983. To certify which witness my hand and seal of office. CITY SECRETARY CITY OF DENTON, TEXAS 0264C/04000 O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I, Alicia Travelle, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Library Board of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. 1'i (Rc I /!L(1~i Ad Subscribed and sworn to before me the undersigned on this the 12th day of July, A.D. 1983. To certify which witness my hand and seal of office. CITY SECRETARY CITY OF DENTON, TEXAS 02b4C/09000 O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I, Andy Sidor, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Planning and Zoning Commission of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. Subscribed and sworn to before me tha undersigned on this the 12th day of July, A.D. 1983. To certify which witness my rand and seal of office. CI SECRETARY CITY OF DENTON, TEXAS 0264C/0900C i I i O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I, Pete Chumbley, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Electrical Code Board of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of. this State and the Charter and Ordinances of this City. Subscribed and sworn to before me the undersigned on this the 12th day of July, A.D. 19K,. To certify which witness my hand and seal of office. CITY 'SECRETARY CITY OF DENTON, TEXAS O264C/09000 O A T H 3 F O F F I C E CITY OF DENTON BOARD AND COMMISSION I. Rocky Kane, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member of the Citizens Traffic Safety Support Commission of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. ~J Subscribed and sworn to before me the undersigned on this the 12th day of July, A.D. 1983. To certify which witness my hand and seal of office. CITY ~SECRETARY CITY OF DENTON, TEXAS 0264C/09000 14101 r ~ 14a2) TEXAS BINGO OPERATOR'SOUARTERI.'e'REPORT ePtswareadinterwtlomeorefully TYPE OR PRINT e WRITE ONLY IN WHITE ARLAS 2. ReportlN quarts 1. B'noo Ilten" number 1-237546081-8-41001 •1st IJae. • Mar.) Ej rlyd IM. -Sept) 4:2nd:fA J a 4th (Oct . Dec. 4. Or9wization name and mailing address SPECIAL NOTE Knights of Columbus 4771 You must send aoytrof Ahreptrf 1409 Windsor Drive and Mae"%" serwalla to as Denton, Texas 76201 apirwlste gap-vsw aosr sna to Me ofYka of base Attormy Oenawt, free autr aom on rw#m arse) GROSS RECEIPTS 6, Sale of bingo cards 5 aS 6. Safe of bingo supplies _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ 8. _ 13S".42 3 0 7.Sale offood andbeverages 7• I y 6, C2 8 Gross rent from other bingo licensees- - - - - - - - - - - - - - - - - - - - - - - - - & 9.0ther----------- 9 -u-_- 10.TOTALGROSSRECEIPTS (Tbtato/Ifema6.9)--_-_ _ 10. EXPENSES (Attach "Texas SchMuk of Bingo Expenses'; Form 19.102) 11. Salaries and wages paid to bingo personnel ________________11. GZ 1Z Rent or mor4M payments 12. .7 $ 13. Bingo supplies and equipment purchased - - _ _ _ - _ - 13. / 0 G~ 14. Food and beverages purchased for sale at bingo games _ _ - _ - - - - - _ 14. 3 7, 15. Merchandise purchased for bingo prizes ~ o 16. Other bingo related expenses 16. 733. S 17. TOTAL EXPENSES (Must he the same as Item 9 on Form 19.102) - - - - - - - - - - - - - 17. I 6Y r 18. CASH PRIZES AWARDED (ftm Item 10 on "Texas Schedule of Bingo Prises, Form 19.103) _ 18. 064 1:21L=1 19. NET PROCEEDS (Item 10minlaReml7and:feml8)______________19. $ I// ENTER THE NUMBER OF PAGES OF EACH SCHEDULE INCLUDED WITH THIS REPORT 2a "Texas Schedule of Bingo Expenses", Form 19.102 _ _ _ _ _ _ _ _ _ _ _ _ _ number of pages stuched f 21. 'Texas Schedule of Bingo Prizes", Form 19.103 - - - - - - - - - - - - - - - number of pages attached I 22. "Texas Schedule of Distribution of Bingo Proc. eds", Form 19-104 - - _ _ _ number of attached j I declare that the Information In this document and all attachmsnu is true and correct to the bases at my knowiedge and belief and I certify that copies hm been sent to the appropriate governing body and to the Texas Attorney Cenral. Name o authorized agent (Pleam print) Tltte 1? To.te fi1Ign or r age t hone number Oata heP 17 s - 3S i,l ! I IM-3 Complete this report and all BOB BULLOCK required schedules and mail to., COMPTROLLER OF PUBLIC ACCOUNTS Capitol Station Awtitrti, Torras 78774 r. ".~.'C' 19.102 w`,. t~a21 Do not write in tM space above TEXAS SCHEDULE OF BINGO EXPENSES To be filed with the Texas Bingo Operator's Quarterly Report (Form 19-101) Page of-L- fingo license number 2. R*pn";ng quarter 3. ~s y~o81-8- WOO/ Svee /1& t. Name of organization Please read instructions b4hL a7 (okpi6s 77 )on the reverse side List each i m of bingo related expenses paid during the reporting quarter and provide the information requested. Group the expenses Into the six categories that correspond with the items of expense listed in the "Texas Bingu Operator's Quarterly Report" (Item numbers specified). Total each category a Salaries and wuyes peid for bingo personnel (Item 11► a Rent or mortgage payments (Item 12) a Bingo supplies and equipment purchased (Item 13) a Food and beverages purchased for sale at bingo games Iltem ! 41 a Merchandise purchased fer bingo prizes (gem 15) a Other bingo related expenses (Item 16) 00 NOT INCLUDE BINGO PRIZES AWARDED Icash or merchandise) OR CONTRIBUTIONS FOR CHARITABLE PURPOSES: NOTE: The total or aA expenses listed in thR schedule mutt eoual the amount reported In Item 17 or the quarterly report Use additional schedule pager it necessary. ATE OF PAYMENT 6. AMOUNT 7. NAME AND ADDRESS OF PAYEE S. DESCRIPTION OF ITEM OF EXPENSE OR SERVICE RENDERED a _ o ~.a~klxsft~c~ B~iL~~~xr A-r l.~ ~cxr, ~r~4 r (a 9. vo ~!F ,~etfrtt> L Ar ~fae%~ _lr~Y~_.~ _Ilr,~,,lesaul:s~c,lne1?r l 1~ 7 (VA -Lbaa~ ~.y~es G - 1, e 51eE~e<k~Ikr 1oo _ br-TY-~l~3G-L- To 1• f3 3 S ~4drbsDSf>~F,~gal~;)114 F.N,e~~ ' lc~ E3~' E 16 A 1 OK '7340 31,77 PAJ ~,t ~ t~ uL -aab w, re,7L.-Vj- 1 93 y I}/(Ij {~."ixd~ SLxf r• X11 - JY to tpffui,221 3- - --g, S13- rQ. ~x?4 Iita{l. Fgu~r.Ll~ 3 Hoc RLS, 19 _V~ l I _+t3er, l .ke,Elr~_- pfee -au,^~ 4~24 < Z l -r r 7G 1 - - rIJA P1 .3 r _ - C-a►~.. fktt. 1~.~ a 1[~ ,•('Jyl f,~ ~ tr Z~i_ rl 1 ~ ~i~'~~.L .-LYOGI1tLiLL.~.Sf[1 !hv n u1m,~Y-~,i11/ !^L nk11 Lwm. N A,,c d/L, - it Dr!.+h 9 i L T ,S?.YS I~C;rs.a.r 3047e.r.s,~t. ~e71c~L ~ ...[i- l ~~,{yl]fy~_~Irq,TY 7t1c ! -~9a.~ls~~ , ~ 9 AZ t" 2 r1dC~sr~a fY3Egrl1_ ?i:I I,1IjF , fi Gfeith~ Lt.lr~at~Tt~,fe,~2171 F_k 4 t3- A 33 4M S&,_C~s.1~rlL=I.~_ 741 E~i~ ~KTaparrzTw 1lIBY- - t S -TIOLI IT, to 4 I r {,o1 dr.Lf Ti 7a~a1 ~,k Sit) - TOTAL OF 9. 6 Combine the total of /tern 8 on all expense schedule pages and enter the combined total TH'3 PAGE lG9e4s in Item 17 of the Bingo Operator's Quarterly Report ti. 19.107 te-e21 L 0o not write In lne space aoow TEXAS SCHEDULE OF BINGO PRIZES Page_ / of L To be filed with the -I7exas Bingo Operator's Quarterly Report (Form 19-101) 1• Bngo I1censo number L21Fteporting quarter d Bo~~T~.P f9t?~ a. Name or orgenlZbOon Please read instruction{ Kn196 E t 0J colIs rt/1" s y771 cn tAe reverse tide List each occasion on which bingo games were conducted during the reporting quarter and provide the information requested. PRIZES AWARDED FOR EACH OCCASION (cash and merchandise) CANNOT EXCEED $2,600. DO NOT INCLUDE ANY OTHER EXPENSES OR CONTRIBUTIONS FOR CHARITABLE PURPOSES. NOTE' The total of all cash prises al warded listed in this schedule (item 10) must equal the amount reported in Item 18 of the quarterly report. Use additional schedule puges if necessary. 5, 6. NUMBER OF GAMES PRIZES AWARDED -r_ DATE OF NO. OF BINGO 7• 6• 4' io' 11'PURCHASED 12'DONATEO 13. TOTAL OCCASION PLAYERS REGULAR SPECIAL TOTAL CASH (Cost) (Retail value) PRIZ S 3 -}-1Jf- 4 a 6 6 g 83 .3 4w, 175- 2-- _n L; - - 9 7 8 / 2 _ --ta i 10 sla 12 iZ 13 Jj- 14 15 L7~~.--- --fPs .---9 - --dI`'0-- 16 llLfl 3 -13 ]o _--0-7,qj- -v- -_v -b - 0 a. e12- 18. __818 u 19 24 - - - - 23 - - - 26 - - - - - 27 - - - 28 29 30 - - 31 - - - 32 33 - -1 - - 36 - 37 - - - - - 38 - 39 - r=_ _ - _ T 6. 7 8. 10 r 11. O 12. 6 9tee7 TOTALS }Dt~O a ltp lS1__ l}a~I~.7_ -J- Combine the total of Item 10 on all bingo prize schedule pages and t enter the combined total in Item 18 of the Bingo Operator's Quarterly Report. ;'C."'rf104 I (4•82) I` Do not write In the apace anon TEXAS SCHEDULE OF DISTRIBUTION OF BINGO PROCEEDS Page_ -Of To be filed with the Texas Bingo Opera or's Quarterly Report (Form 19-101) 1. Bingo 11anae number 2. Haporling Quarter 7. 2 /G23 1' X375 yGt1Ql-1'i-t(~ro nc~. duet 4. Name of organlaatfon Pleale read InstrUCtiont Kh14~1~ O (6/1UnIbioS q77) oa the reverts ride. List each distribution of net proceeds made during the reporting quarter and provide the Information requested. ALL NET PRO. CEEDS MUST BE USED ONLY FOR "CHARITABLE PURPOSES" OF THE ORGANIZATION WITHIN THE STATE OF TEXAS. Proceeds may not be used to support or oppose a candidate(s) for public office or any measure that is submitted for a public vote. Use additional schedule pages if necessary. S. DATE OF S' T' AMOUNT NAME AND ADDRESS OF PAYEE PURPOSE OR USE OF PAJCEEDS DISTRIBUTION -,P~-~{mss-fit, - TOTAL OF THIS PAGE 9. a Enter the rombrned total or Item 9 on all schedUle pager in from 13 below. UNDISTRIBUTED NET PROCEEDS 10. Net proceeds on hand G-ginning of this quarter OS (From Item 14 on previous quarter's schedule) $ 11. Net Proceeds earned during this quarter (From Item 19 on this quarterly report) _ 0j-' y~ 12. NET PROCEEDS AVAILABLE ~~U a1~t~l~Q f-- (Item f0 plus Item III 13. Net proceeds distributed during this quarter v-- (From Item 9 a5ove on this schedule) • • • • - 14. NET PROCEEDS 1'1`40ISTRIBUTED AT END OF THIS QUARTER s(ltem 12 minus Item 13) throb S~Y ~ Ll KAPKA, KAPKA 6 ASSOCIATES • P. O. Box 2592 0 Denton, Texas 76201 AGREEMENT between Y *a Kapka b Associates of Dallas, (County) Texas and Name-_LitY of Denton UL11ity Services (Client) Street 215-8• licKlrnney City Denton State Texas Zip__I_52o1 Phone__EU-566-821G ContaclPersonBeYerlY Little _ 00b't Of Miidi(Gt _1 usLGiC~tZGLZ 8II8~,d C, ~i Y8r 1 I 1 t t l P 1. COLLECTION CONTRACT: 1.2 KKA shall have full power to collect, enforce, sue upon, or compromise, and shall have authority to endorse and collect any check money order, note or other instrument in payment of any claim In the collection cf debtor accounts. 1.3 In the event of litigation client agrees to give testimony either in writing or In person as may be required In any court of law of equity which KKA may commence. 1.4 No suits or litigation will be Initiated without written approval of cllent in each individual case. 1.5 KKA has the right to audit accounts assigned by client on a periodic basis, 2. PAYMENT for service. 2.1 Payment shall be on a percent of the collected debt owed to client. 2.2 The percentage shall be 1 86> of each debtor account under six (6) months ofd: ~ Hof each debtor account seven (7) or older, mail return or with a balance under two hundred dollars. 2.3 Percentages based on new accounts assigned not less than every DO days; if not adhered to, the greater percentsge becomes effective. 2.4 If Insurance payment is received by client due to KKA collection efforts client owes KKA the full commisalon. A finder's fee of 159b will be charged on accounts found to be paid prior to assignment 2.5 If client withdraws, interfers with or makes payment arrangements on anydebtor account after assignment, client owes KKA full commission as if KKA has made a full collection. 2.6 The exception to paragraph 2.5 would be dealh, insanity or other reasons that would render debtor Incapable of paying. 2.7 KKA will bear all costs of collection, with the exception of court cost. 3. CLIENT will report any payment or settlement made to client by debtor. 3.1 If KKA has to verify payment not reported by client within seven (7) days after receipt, there will be a five dollar service charge. 3.2 All statements sent to client for collection fees are due upon receipt 3.3 KKA shall remit to client all principal sums collected less percentage fees owing KKA under paragraph 2.2. 3.4 Remittance to client will be on or before the 20th working day of the month following the month of collection. 4. CLIENT will not knowingly assign any accounts, bad :hecks, or other debts to KKA unless they are due and justly owing and are troo from setoff or counter claim, and of bankruptcy. 4.1 The Federal Trade Commission Regulations state that contact by more than one office at the same time constitutes harassment Client agrees not to make any collection effort such ascalling debtor or maitinQ statements. If not adhered to, full commission will be charged. 4.2 KKA will Indemnify client for any damages for which client may become liable as the result of any wrongful acts byKKA while servicing debtor accounts belonging to client 4.3 i.r% the event that an account Is uncollectible said account will be returned to client upon request 4.4 becounts are to be assigneQfor any unspecified time, with a one year minimum period 5. 5P C andment _ Wt. Executive Clien Tit Det"e G CC-215-;EAStMENT. M+ rt1p'siAU0#fy Co:. U800, THE STATE OF TEXAS, ~VCL 1236PicF342 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF Denton UU.0 14 • 'UROb THAT Weston Homes, Inc. 2853'7 of Dallas County, Texas , in consideration of the suns of One dollar ($1.00) and no cents - - - - - and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by it Situated in Denton County, Texas, in the M. Yoachum Survey, Abstract No. 1442 All that certain lot, tract of .3arcel of land lyincg and being situated in the City and County of Denton, Otate of Texas, and being part of the M. Yoachum survey, Abst. No. 1442 and being part of Lot No. 21 Block A, Lot No. 5 Block B, Lots No. 7, 9 & 13, Block C and Lot No. 5 Block D; of the Bellaire Heights Addition, an addition to the City/County of Denton, and also being part of a tract of land as conveyed to Walton Jay by deed recorded in Volume 1014, Page 927 of the Deed Records of Denton County, Texas, and more particularly described as follows: Being guy easements typically 5 feet in width and 25 feet in depth located as follows: Tract I Being the south 25 feet of the east 5 feet of lot 21, Block A; Tract II Being the south 25 feet of the east 5 feet of lot 5, Block B; Tract III Being the east 25 feet of the north 5 feet of lot 7, Block C: Tract IV Being the north 25 feet of the east 5 feet of lot 9, Block C; Tract V Being the north 25 feet of the east 5 feet of lot 13, Block C; Tract VI - Being the north 25 feet of the east 5 feet of lot 5, Block D. And it is fuwther agreed that the said City of Denton, Texas + in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. 6-. Forthepurposeof constructing, reconstructing, installing and perpetually main'-aining guy wires in, along, upon and , across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises for the purpose of making additions to, improvements on and repairs to the said guy wires or, any p r~ ~Koji ~ T TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness --04 P:n hand! , this the day of Sup i , A.D. 1 Q 83 Weston Homes, Inc, By: ill < J se W. Burris, President olr .e l+HrYy1iV q2 •e7w 'T nA x.%m'.q Sryl it ~rq, 'MM vp •IV f gaV Vrq+•~ xl1 M ~lti at. av- n♦ err Nrv ,VJJV V,V ,VV yV~V,q 1,l Ur P„ _ CL`P,yV ) l V V(V+ 6G•@~1V a VLt,".? `...V rVJA'V ~ v.,,v,v~~ 1, ru ~ 'vvv~v7, ..l... t in !fin !lu n.(Lr;n„ . i ~ ! I)!,. _ ACKNOWLEDGMENT THE STATE OF TEXAS, l COUNTY OF Denton ( BEFORE ME, the undersigned authority, on this day personally appeared Josep"}}]] W. Burris, President of Weston Homes, Inc. known to me to be the person . whose came is subscribed to the foregoing instrument, and acknowledged to me that he executed the s..me for the purposes and consideration therein exssed. GI 'DER MY HAND AND SEAL OF OFFICE, This '5W day of 7Vu 419 _ A,D. 19 N. WAJNM MII of Tea iSI1u 0 90N Notary Rubtic, in ao3 fpr the Stat.oj Texas. gpr114, is" My Commission Expires.......... 1 ..:..p.lp........._.........-.......... ACKNOWLEDGMENT THE STATE OF TEXAS, l COUNTY OF ! BEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This . day of A.D. I9.._.. . (L.S.) Notary Public, in and for the State of Texas, My Commission Expires CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF__ BEFORE ME, the undersigned authority, on this day personally appeared h . ._--------.----.----.__.-----•----..._.....-...-.-known to me to be the person and officer wose ..name J. su bs crited to the foregoing instrument and acknowledged to me that the same was the act of the said _ a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDEF. MY HAND AND SEAL OF OFFICE, This __.day of-------- A.D. 19........ (LS.) Notary Public, In and for the State of Texas. My Commission Expires CLERK'S CERTIFICATE THE STATE OF' TEXAS, . , county COUNTY OF, 4 Clerk of the County Court of said County, do hereby certify that the foregoing,,["I~umei~t of writing dated on the . P day of , A D. 19 , with its Ce°r~j at "If~ttl enticaticn, was filed for ? at 4)ock M., and duly record in my office on the ...........day of . 404- 41 recorded this . day of , 4.. __..ia1rZy" ',,o'clock M., In the ~ Records o1 sal Voluon pages MY HAND AND SEAL OF THE COUNTY COUR of # WITNESS ty,in the daY and y ..S o tp Countyr yCA..n~ o' County, Texas. (L 3) By. 0 ...............:cy..r..1.'cr..^....., Deputy. 47"'r.` C'v o c7 cf W d ' rP Sw go, t k c ,j E-c i d \ v: v W = C x31;' :qii~ a, O i d -0 0 d x' 0 44 9 E i~ r ~r £~s~ j u t 6 a E of ,j ° 114 I ~ ~ i V Fl ..q Rg7 ~ ~ rJ if f y t " ~y,yG2 ~ t ti n DEED RECORDS DEED OF GIFT THE STATE OF TEXAS S COUNTY OF DENTON 6 KNOW ALL MEN Bf THESE PRESENTS: That we, Bob E. Trip. and David E. Tripp, Trustees for the Bob E. Tripp Trust No. 2, recognizing the importance of streets to the general welfare and development of the City of Denton, Texas, do hereby give, grant and convey unto the City of Denton ("Donee"), with principal offices at 215 East McKinney Street, Denton, Texas, all of our right, title and interest in and to that certain tract of land in Denton County, Texas, described as follows: All that certain 1.817 acre tract, parcel or strip of land situated in the B.B.B. & C.R.R. Company Survey, Abstract No. 186, Denton County, Texas; said tract being part of lands described in deed to B. E. & D. E. Tripp as recorded in Volume 996, Page 376 of the Deed Records of Denton County, Texas; said tract being further described herein by metes and bounds as follows: BEGINNING for the northeast corner of the tract being described herein, at an iron pin set in the west line of tract described in deed to the City of Denton as recorded in Volume 596, Page 560 of the Deed Records of Denton County, Texas, said point lying north 0°01130" west 172.36 feet from the most western southwest corner of said City of Denton tract; THENCE south 0001130" east with said City of Denton west line 63.6 feet to an iron pin seL- in the ground; THENCE westerly 275.43 feet with arc of curve to left whose radius is 478.35 feet, chord bearing north 85050145" west 271.64 feet to point of tangency of said curve; THENCE south 77039130" west 100.1 feet to beginning of another curve to left whose radius is 345.0 feet; i~ THENCE southwesterly 416.48 feet with said curve, chord bearing south 43004131" west 391.65 feet to point of tangency of said curve; THENCE south 8029130" west 209.42 feet to the beginning of curve to right whose radius is 570.83 feet; THENCE southwesterly 286.12 feet with arc of said curve to the northeastern line of U.S. Highway No.77; THENCE north 57058' west 61.07 feet to an iron pin set in the ground in said northeastern line of U. S. Highway 77; THENCE northeasterly 261.36 feet with arc of curve to. led t, whose radius is 510.83 feet, chord bearing north 23008'57" tJ#4Nv'58.53 feet to the point of tangency of said curve; THENCE north 8°29130" east 209.42 feet to the beginning of curve to right whose radius is 405.00 feet; vL 136 045 DEED OF GIFT-PAGE ONE [[[Q~II VVV~ /~l ;=xn p`c..; - .+F se,x , _ 7 77 VIX '12M tin 740 THENCE northeasterly 488.92 feet with arc of said curve, chord bearing north 43004131" east 459.77 feet to the point of tangency of said curve; THENCE north 77039130" east 100.1 feet to the beginning of curve to right whose radius is 538.35 feet; THENCE easterly 287.50 fep* with arc of said curve, chord bearing south 87°02108" east 284.10 feet to the place of beginning. TO HAVE AND TO HOLD the property, together with all and singular rights and appurtenances thereto in any wise belonging and any right, title and interest of the Donors in and to the adjacent streets, anJ right of way, unto the said Donee, its successors, and assigns forever, and Donors do hereby bind them- selves and their heirs and successors and assigns to WARRANT AND FOREVER DEFEND all and singular the premises unto said Donee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Donors but not otherwise. This conveyance is expressly made subject to the following: 1. The property will be used by the Donee exclusively for public purposes, as a public street. 2. This conveyance is made subject to all easements, restrictions, encumbrances or matters of public record, and the rights of all parties in possession under recorded or unrecorded leases. Executed this the 2 day of , 1983. BOB E. TRIPP TRUST NO. 2 BOB E. TRIPP TRUST NO. 2 ll~ DA Ps TRUSTEE RIFE TKIPPI 7RUSTEE THE STATE OF TEXAS S COUNTY OF DENTON S This instrument was acknowledged before me on this the day of M &,J , 1983, by David E. Tripp and Bob E. Tripp, woo swore and acknowledged before me that they signed the above Deed for th9 purposes therein stated. of Gift Ow IL Mi M DENTON COUNTY TEXAS My. Comniss.iDu, expires: 4 ^1y-$b DEED OF GIFT-PAGE TWO I ACCEPTED this the day of , 1983. IT OF D ('N TON, EXAS Z ATTES CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: vot PA047 DEED OF GIFT-PAGE THREE V A Q } QO ,,j2%ricf748 S~. ~s116. w 91.0 bA 0A ~D 0 yy0 00~ ~D o D 63 tyo0~ i J,1f83.17 '91.0 Q, y0t t S` p O, .4 y.. oti9 yA Zt`b 6`ti ~o ~ fl~~At~b o70p~`11 s ~o • v ~ U v ~ ~V 39`65 rV go\O~ p59t Ps3A`6 A oOA~\ 6~ c -Gott 5. ti a QQ6 >m to lb ko. on a SON o - ti \O' d% o nN J+ 00 Z Of 4 ~ V °a ° p3 3 tiZ0t00 2 O6~ J~ p y y 06, P `mss Z8' ~p rj %6 a'23 5~ 48362 11 019 N5 7° 58 W 'fwy - - - _ A¢ 1 21.0 -~oc----- --f~ _ _ _ _ _ ►A SL$ M 19' a'~!l g C7 -4 n V 1 03 G7f ° s 0 1 ~ P it `3a V o n3 \ N. ft y , 1 r ~'1~,? Fw t,t.. ~D M O tl (~D ~ c l H h \ i c = r rN+ ~~iy ` x am i ~y N L i RESOLUTION IN APPRECIATION 6 REMEMBRANCE OF 'STANLEY A. MUNSON, WHEREAS, the City of Denton has lost one of its most valued citizens, Mr. Stanley A. Munson; and WHEREAS, Mr. Munson served as a member of the Public Utility Board from July, 1967 to July, 1978; Campaign Chairman, Denton County United Way; President, Denton Kiwanis Club; Denton District Chairman, Boy Scouts of America; Vice President and Board Member, Longhorn Council, Boy Scouts of America; vice chairman, Denton Charter Commission in 1958-59; Economic Development Board;' Chairman, Transportation Committee of Denton 801s; Elder at St. Andrew's Presbyterian Church in Denton; Chairman of the Session and President of the Corporation at St. Andrew's Presbyterian Church; Member, Executive Committee of Denton County Community Council; served on various important boards and commissions as chairman or member and was noted for his tireless and dedicated service to his community; and WHEREAS, Mr. Munson was a leading executive of Moore Business Forms, a " major industry, in Denton until his retirement in 1976 having held the position of Plant Manager and later General Production Manager of the firms Southern Division; and WHEREAS, Mr. Munson served his community above and beyond the mere efficient discharge of his duties in promoting the welfare and prosperity of the citizens of Denton, and earned the full respect and admiration of his colleagues and associates; and WHEREAS, he was the kind of individual who gave not only his time and money, but took a sincere interest in the life and well-being of all the people with whom he came into contact, and dedicated himself to the proposition of building a better life within the community; NOW0THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 09 THE CITY OF DENTON, TEXAS: that the sincere and warm appreciation felt by the citizens and officers rf the City of Denton for Mr. Munson shall cause this Resolution to be formally transcribed into the official minutes of the City of Denton, Texas, dedicated to the remembrance of Stanley A. Munson, and a copy he:Pif submitted to the family of Stanley A. Munson. PASSED AND APPROVED this the 29th day of July, 1983. 4IC O. TRWART..YOR K. RIDD ES RGER, MAY P TEX MARK R. CHEW, COUNCILMAN k rt RAY ST H NS, UNCILMAN ALFORD.. COUN LMAN a C^C CS 4UNCIL"N J p. BARTON.. COUNCILMAN ATTEST: APPROVED AS 1Y0 LEGAL r I , z CH TT8 ALLEN, CITY SECRET C. J. TAVYW , CITY A RNEY RESOLUTION IN APPRECIATION 6 REMEMBRANCE OFD •STAHLEY A. MUNSON• WHEREAS, the City of Denton has lost one of its most valued citizens, Mr. Stanley A. Munson; and WHEREAS, Mr. Munson served as a member of the Public Utility Board from July, 1967 to July, 1978; Campaign Chairman, Denton County United Way; President, Denton Kiwanis Club; Denton District Chairman, Boq Scouts of America; Vice President and Board Member, Longhorn Council, Boy Scouts of Americ,-; Vice Chairman, Denton Charter Commission in 1958-59; Economic Development Board; Chairman, Transportation Committee of Denton 801s; Elder at St. Andrew+s Presbyterian Church in Denton; Chairman of the Session and President of the Corporation at St. Andrews Presbyterian Church; Member, Executive Committee of Denton County Community Council; served on various important boards and commissions as chairman or member and was noted for his tireless and dedicated service to his community; and WHEREAS, Mr. Munson was a leading executive of Moore Business Forms, a major industry, in Denton until his retirement in 1976 having held the position of Plant manager and later General Production Manager of the firms Southern Division; and WHEREAS, Mr. Munson served his community above and beyond the mere efficient discharge of his duties in promoting the welfare and prosperity of the citizens of Denton, and earned the full respect and admiration of his colleagues and associates; and WHEREAS, he was the Rind of individual who gave not only his time and money, but took a sincere interest in the life and well-being of all the people with whom he came into contact, and dedicated himself to the proposition of building a better life within the community; NOW, THEREFORE, BE IT RBSOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: that the sincere and warm appreciation felt by the citizens and officers of the City of Denton for Mr. Munson shall cause this Resolution to be formally transcribed into the official minutes of the City of Denton, Texas, dedicated to the remembrance of Stanley A. Munson, and a copy hereof submitted to the family of Stanley A. Munson. PASSED AND APPROVED this the 19th day of July, 1983. t Z IC ARD 0. TEWART, YOR i .P aL , RIDD ES RGER, MAYOR P TEN MARK R. CHEW, COUNC.TLMAN RAY ST H NS, UNCILMAN ALFORD.- COUN LMAN a dd CHARLES HO S UNCILMAN J Q. BARTON, COUNCILMAN ATTEST: APPROVED AS TO LEGAL . C TTE ALLEN, C Off ARM ~ C. J. TAYLO , J CITY A RNEY 1 RESOLUTION IN APPRECIATION 6 REMEMBRANCE OF ■STAHLSY A. MUNSON• WHEREAS, the City of Denton has lost one of its most valued citizens, Mr. Stanley A. Munson; and WHEREAS, Mr. Munson served as a member of the Public Utility Board from July, 1967 to July, 1978; Campaign Chairman, Denton County United Hay; President, Denton Kiwanis Club; Denton District Chairman, Boy Scouts of America; Vice President and Board Member, Longhorn Council, Boy Scouts of America; Vice Chairman, Denton C'hartez Commission in 1958-59; Economic Development Board; Chairman, Transportation Committee of Denton 801s; Elder at St. Andrew's Presbyterian Church in Denton; Chairman of the Session and President of the Corporation at St. Andrew's Presbyterian Church; Member, Executive Committee of Denton County Community Council; served on various Important boards and commissions as chairman or member and was noted for his tireless and dedicated service to his community; and WHEREAS, Mr. Munson was a leading executive of Moore Business Forms, a major industry, in Denton until his retirement in 1976 having held the position of Plant Manager and later General Production Manager of the firm's Southern Division; and WHEREAS, Mr. Munson served his community abova and beyond the mere efficient discharge of his duties in promoting the welfare and prosperity of the citizens of Denton, and earned the full respect and admiration of his colleagues and associates; and WHEREAS, he was the kind of individual who gave not only his time and money, but took a sincere interest in the life and well-being of all the people with whom he came into contact, and dedicated himself to the proposition of building a better life within the community; NOW, THERSFORS, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DBNTON, TEXAS: that the sincere and warm appreciation felt by the citizens and officers of the City of Denton for Mr. Munson shall cause this Resolution to be formally transcribed into the official minutes of the City of Denton.. Texas, dedicated to the remembrance of Stanley A. Munson, and a copy hereof submitted to the family of Stanley A. Munson. PASSED AND APPROVED this the 19th day of July, 1983. y S IC OF. S ART, YO R,r DL PERGER YO RO TEN i MARK R. CHS COUNCILMAN i RAY ST 8B S+ CO NCILMAN J S FORD, COUN LMAN I f 7 y r L2~ C LSS HOPR , UNCILMAN J Q. BARYON, COUNCILMAN 2 ATTEST, APPROVED AS TO LS PO + _HARLOT ~ CHARLOTTE ALLEN, CI SECRETARY C. J. YLOR, JR. CITY ATTORNEY -vow 'STANLEY A. MUNSON• WHERBAS, the City of Denton has lost one of its most valued citizens, Mr. Stanley A. Munsonj and WHEREAS, Mr. Munson served as a member of the Public Utility Board from July, 1967 to July, 1978; Campaign Chairman, Denton County United Way; President, Denton Kiwanis Club; Denton District Chairman, Boy Scouts of America; Vice President and Board Member, Longhorn Council, Boy Scouts of America; Vice Chairman, Denton ('barter Commission in 1958-59; Economic Development Board; Chairman, Transportation Committee of Denton 801s; Elder at St. Andrew's Presbyterian Church in Denton; Chairman of the Session and President of the Corporation at St. Andrew's Presbyterian Church; Member, Execut+ve Committee of Denton County Community council; served on variavs important boards and commissions as chairman or member and was noted for his tireless and dedicated service to his community; and WHEREAS, Mr. Munson was a leading executive of Moore Business Forms, a major industry, in Denton until his retirement in 1976 having held the position of Plant Manager and later General Production Manager of the fiam's Southern Division; and WHEREAS, Mr. Munson served his community above and beyond the mere efficient discharge of his duties in promoting the welfare and prosperity of the citizens of Denton, and earned the full respect and admiration of his colleagues and associates; and WHEREAS, he was the kind of individual who gave not only his time and money, but took a sincere interest in the life and well-being of ail the people with whom he came into contact, and dedicated himself to the proposition of building a better life within the community; NOW, THEREFORE, BE IT RESOLVED BY THE C79Y COU11CIL OF THE CITY OF DENTON, TEXAS: that the sincere and warm appreciation felt by the citizens and officers of the City of Denton for Mr. Munson shall cause this Resolution to be formally transcribed into the official minutes of the City of Denton, Texas, dedicated to the remembrance of Stanley A. Munson, and a copy hereof submitted to the family of Stanley A. Munson. PASSED AND APPROVED this the 19th day of July, 1983. e Ic 0. S EWART, AYO ju DL ORRGBR YOi RO TEN MARK R. CHE COUNCILMAN RAY ST HB S, CO NCILMAN its .ORD, COUN LHAiV j 4CAi HOPK , UNCILMAN J 0. BARTON, COUNCILMAN ATTHSTr APPROVED AS TO LEGA-L FO r ,2,4~ dj~k CHhRLOTTE ALLRN, CI SKCRSTA W- C. J. AYLOR, JR. CITY A7" RNBY Primary Agreement No. SER 75 Supp-irt Services Job Order No. SER 010 SUPPORT SERVICES JOB ORDER 1. CLIENT: City of Denton 2. ADDENDUM: This Support Services Job Order, number ?d SER 010, has been made and entered into as of June 29, 1983, by Client and TRES and Is an addendum to the Primary Agreement Number SER 758, entered into as of April 20, 1981. 3. JOB STATEMENT: Upon approval of this Support Services Job Order by both parties, TRES is authorized to provide to Client consultation, training, education, minor customization, and/or major customization as periodically requested by Client in reference to the TRES Employee Information System and TRES Customer Information System. Charges for all such services provided hereunder will be invoiced to and paid by Client under the TRES Standard Rate Schedule attached hereto and at such times as are specified in Primary Agreement 758. The Total Estimated TRES Charges set forth in Article 4., hereinafter are hereby defined as representing an upper limit of corresponding services to be provided hereunder. TRES will not provide nor will Client accept services in excess of suc' otal charges hereunder unless such excess is expressly agreed to in writing b-, )oth parties hereto. 4. ESTIMATED TRES CHARGES: (A Standard Rate Schedule(s) is attached) The estimated TRES charges are: Professional Services $7,500 Computer Services Word Processing Reimbursable Expenses 500 Other Total $8,00 0 5. AUTHORITY: EACH PARTY HAS FULL POWER AND AUTHORITY TO ENTER INTO, PERFORM, AND EXECUTE THIS AGREEMENT, AND THE PERSON SIGNING THIS AGREEMENT ON BEHALF OF EACH HAS BEEN PROPERL" AUTHORIZED AND EMPOWERED TO ENTER INTO AND EXECUTE THI:i AGREEMENT. EACH PARTY FURTHER ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY IT. IN WITNESS HEREOF, Client and TRES have executed this Agreement as of the date first indicated above. TRES SERVICES, INC. CITY OF DENTON By By Name ORREN Y. EVANS Name Title PRt_SIDENT Title Date JUNE 30, 1533 Date &kl REV-1 WED BY LEGAL Support Services Job Order SER04-8305 STANDARD RATE SCHEDULE FOR USA I STRICTLY CONFIDENTIAL Restricted to only those persons who 4 have a specific need to know these rates. SYSTEMS REPRESENTATIVE LEVEL 1 2 3 4 5 HOURLY 35 40 _ 45 50 55 I RATE CONSULTANT LEVEL 1 2 3 4 5 6 HOURLY 60 70 80 85 110 125 RATE TRES SECRETARIES, CLERICAL, AND PROOFING ` Without word processing equipment $20.00 per hour. With word processing equipment $25.00 per hour. TRES KEYPUNCH OPERATORS (with keypunch machines) $20.00 per hour. REPRODUCTION 11a per copy Reimbursable expenses, which are justified as actually and necessarily expended in connection with the performance of services for Client, are billed to Client at cost to TRES. Thsse reimbursable expenses include items such as telephone, travel, per diem (lodging, food, persona)), relocation expenses, and contrasted keypunching. Rate classifications of personnel are subject to change from time to time due to promotions. TRES will notify Client, in writing, thirty days in advance of such changes in rate classifications. For existing agreements, this schedule is subject to change by TRES upon ninety days prior written notice. For new agreements, this schedule is subject to change at any time. 8212 AA1 NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-19 AND AS SAID MAP APPLIES TO APPROXIMATELY 5.000 ACRES OF LAND OUT OF THE WILLIAM BRYAN SURVEY, ABSTRACT NO. 148, DENTON COUNTY, 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 follow- ing described property, to-wit: All that certain tract or parcel of land situated in the William Bryan Survey, Abstract No. 148, Denton County, Texas, being part of a certain 29.9 acre tract deeded by Freeda B. Duffle to Joe Evans on February 9, 1959, recorded in Volume 445, Page 88, Deed Records of said County, being more particularly described as follows: BEGINNING at a steel pin on the west line of said 29.9 acre tract and of said Bryan Survey in the middle of a public road at a point south 0°45130" west 888.43 feet from the northwest corner of said tract; THENCE south 88°54' east with the south line of a 20.366 acre tract 999.97 feet to a steel pin in a fence on the east line of said 29.9 acre tract; THENCE south 0058150" west with said fence 217.0 feet to a steel pin; THENCE north 88054' west 999.13 feet to a corner on the west line of said 29.9 acre tract and of said Bryan Survey in said road; to north containing nein1alla5.000oacres 7of feet THENCE the hplace of 0013011 land. is hereby changed from Agricultural "A" District Classification Use to Commercial "C" District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas. The Zoning Map of the City of Denton, Texas, adopted the 14th 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 II. 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 charact3r 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, exas , and its n citizens. and maximum benefit encouraging to the the ~~C y of appropriate Z-1587-WAYNE 0. ALLEN-PAGE ONE r > of 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 ay of July, 1983. CI Y OF D~ TON, TEXAS ATTEST: `''&Z C AG~ ~ (.1i&& ALLEN$ U111 bhUK1;TRKy ' CITY OF DBNTONO TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY:~ Z-1587-WAYNE 0. ALLEN-PAGE TWO nNEUBANIM may*Y • ~ ~ ; . V r~ 5 c + 1 e, F is d Icy 't3 111~~~~~r. , d NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-11 AND AS SAID MAP APPLIES TO 620 WEST HICKORY STREET DENTON DENTON COUNTY, 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 follow- ing lescribed property, to-wit: All that certain lot, tract or parcel of land located in the William Neal Survey No. 971 and being part of Lot 4 of the McKennon Addition to the City of Denton, V_%nton County, Texas, according to the plat thereof, said lot is 75 feet by 160 feet and further described as 620 West Hickory, Denton, Texas. is hereby changed from Multi-Family 'IMF-111 District Classifi- cation Use to Planned Development "PD" District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas with the following conditions and specifications: 1. Specific plans for site development, landscaping, and architectural style in conformance with approved PD concept plan must be submitted for review and approval prior to issuance of building permits and a certificate of occupancy. The City of Denton Historic Landmark Commission shall be consulted for recommendations and input regarding conformance of architectural style of building with historic character of the area. 2. Total floor area of the building shall not exceed 4800 square feet; minor modifications in building shape and location shall be permitted. 3. Curb cuts shall bt limited to one (1) on Hickory Street and one (1) on Denton Street at locations specified on approved PD concept plan. 4. Building height shall not exceed two (2) stories. S. Permanently maintained solid screening consistent with approved concept plan shall be erected along the north and east property lines prior to issuance of certificates of occupancy. 6. Front yard parking area shall not exceed what is shown on approved PD concept plan; balance of front yard shall be maintained as green space or land- scaped area only with no asphalt or concrete. 7, No detached signs shall be permitted at the site. 8. If site is not developed within four (4) years, the zoningg will revert to its previous multi-family (MF-1J classification. Z-1588-PHILIP 0. VICK-PAGE ONE mm a~ .w l u ~J. rF~. .h i. L `id~r~•,f.. :he Zoning Map of the City of Denton, Texas, adopted the 14thday 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 above conditions and specifications. SECTION II. That tie City Council of the City of Denton, Texas, hereby finds that su^.h 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 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. T~ PASSED AND APPROVED this the day of July, 1983. K RL) IT OF DE TON, ~ TEXAS ATTEST: CHARLOTTE ALL N, :iE RETAR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OFF~DENTON, TEXAS BY: Z-1588-PHILIP 0. VICK-PAGE TWO ~ ✓ d. ,fir. U X ,,a• s L x w u J r V. po Z 2 r• ° cl ca r- to us v 3 O F !i ` f W L p c I ~ f • W cc U, C4 C L 1 ~ Q ~ c Y tY ~o W W m U O W d Q W W N < W Z H y Y CID Ur 1 m I h f- F' a o i y d. _ 0! W irf O 1 1 co w U ' w v IL Z C C* 1 O ~ LLJ Q + ap x•51 1~3a1s AHONOIH Ill MINE IK THE MATTER OF CITY OF DENTON CHARLOTTE ALLEN THE STATE OF TEXAS Roy Appleton, Jr. County of Denton being duly sworn, says he is the General Manager of the Denton Record-Chronicle, a newspaper of general circulation which has been continuously and regularly published for a period of not less than one year in.the County of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in said paper on the follow- ing dates: ORDINANCE NO. 83-75 relating to Parking for disabled Persons ORDINANCE NO. 83-76 RELATING TO PARKING ON BLIC PROPERTY FOR DISABLED PERSONS 45 lines $36.00 JUL 24 27 983 Subscribed and sworn to before me this 27 day of _ JULY 83 Witness my hand and official seal. otary Public, Denton County, Texas PUBLICATION UU U t riUM PAFLR wn IN THE HATTER OF T JE A.t ordinance repeating and reenacting sections nm and 24133 of Chapter 24, ' Article V of t1e Code of Ordinances Cd tfH City of Oenton, Texas, retatlna to rklnp fr disabled persons; prooviding lot the marking Of parking spaces for disabled persons pr} Vlding for the fYCi WiYa Y>Ia Of such space/ by vehlcl" WIth devices oil Id ofiflcell AFFIDAVIT OF PUBLISHER TO `si. i'o partmi t Of PUBLICATION OF LEGAL NO'T'ICE Highway$ and Public: Trena partition for disabled persons; providing* Density of a fine of not less than fifty dollars now more than two Filed the day hundred dollars; providinJ a saverablllly clause, and de- Daring an effective data of 19 August 2,1947 U76 An ordinance repealing and reenacting Section 21176 of Article V. Chapter 24 of the Code Of Ordinance of the City Of Denton, Texas, re- lating to parking on public pruperfy for disabled persons; designating where Such parking Is to raslPicted; providing a penalty of a fl Of not less than filly doilan . Dr put w more than two hundred R!' ? 4301141st providing./ sevarebllity'clause and de• claring an eH.ctlve date. August 2, 1167. July 24, IM. July 27, I947 1 fiv, 11 1 ~M f r ~ . v wftr I 'rr yl..~ e NO. AN ORDINANCE REPEALING AND REENACTING SECTIONS 24-134 AND 24-135 OF CHAPTER 24, ARTICLE V OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING TO PARKING FOR DISABLED PERSONS; PROVIDING FOR THE MARKING OF PARKING SPACES FOR DISABLED PERSONS; PROVIDING FOR THE EXCLUSIVE USE OF SUCH SPACES BY VEHICLES WITH SPECIAL LICENSE PLATE DEVICES OR IDENTIFICATION CARDS ISSUED BY THE TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSIORTATION FOR DISABLED PERSONS; PROVIDING A PENALTY OF A FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN TWO HUNDRED DOLLARS; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Section 24-134 of Chapter 24, Article V of the Code of Ordinances of the City of Denton, Texas, is hereby repealed and reenacted in its entirety to hereafter as follows: Section 24-134. DESIGNATION OF PARKING SPACES FOR DISABLED PERSONS. (a) A person who owns or controls property used for parking may designate one or more parking spaces for the exclusive use of vehicles transporting temporarily or permanently disabled persons. Such parking spaces shall be designated by posting immediately adjacent to and visible from each space a nonmovable sign that: (1) has a notice of the penalty for a violation of Section 10, Article 6675a-Se.1, Vernon's Texas Civil Statutes; (2) is permanently mounted on a pole at least five feet in height; (3) has a profile view of a wheelchair with an occupant in white on a blue background; and (4) meets the design criteria established by the Texas State Department of Highways and Public Transportation. (b) Illustrations of sign design criteria of the Texas State Department of Highways and Public Transportation is depicted by Figures 1 as follows: [Instructions to the Editor: Insert Figure 1 attached hereto and incorporated herein by reference.] M~~ men= Are, t' C. ~.'t•^.. r a _ •j.' ~~1 '.f'~ ~ ` ~ ~ fi M~~~tl t'.la~t!~'~°rt~ ~a ti~f~~y91. ~.r ~ 1.~ s R. ~ a 1. .y.. k 1 SECTION II. That Section 24-135 of Chapter 24, Article V of the Code of Ordinances of the City of Denton is hereby repealed and reenacted in it entirety ato hereafter read as follows: Section 24-135. PARKING OF UNAUTHORIZED VEHICLES IN SPACES DESIGNATED FOR DISABLED PERSONS PROHIBITED; PENALTY. (a) It shall be unlawful for any person, firm, or corporation to stop, stand, park or leave standing any vehicle not displaying a specially designed symbol, tab, or other dtvice issued by the Texas State Department of Highways and Public Transportation affixed to the license plates of such vehicle indicating the operator thereof or a passenger therein is permanently disabled nor any vehicle not displaying an identificati,n card issued by the Department indicating the operator of such vehicle or a passenger therein is temporarily disabled in any parking space designated as exclusive parking for disabled persons pursuant to Section 24-134 of this Article. (b) Any person adjudged guilty of parking a vehicle in violation of this ordinance shall be guilty of a misdemeanor and punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00). SECTION III. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, heroby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is PAGE 2 ♦t1 y]~ 'r 1 f ' 1 Ir.., 't r. y N f 1 ~'r. ~ ~ ,.i r~~ ' 1 A x t r r A 4 r i r e y r F{{ J.~; v rf ~ ♦ f f , li i r, ~ Z 1~ ~ r • 11 ~nX[~~ 4 r F r 4 it " 1,4 t r >wt. 'Ki 7 ' 4 lc P` i(µ't 2~ / l ~ ~ l e'T y k4 rL "t ti ~ S' ~ r w f Al. ♦ r r i4A hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1983. f 114 U 9&7-V CiT OF I) NTON,' TEXAS ATTEST: Y=&L AKCW%V;~FY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE 3 r / i' 'I Figure 1 ORDINANCE NO. , SECTION 24-134 (b) _ 318 are 1 112 2 4 7/8 5 2C [-+---4 114 4 114 1 2C P-A 112 3 3~ 1 f ?.tom.,,. LECEND ANa BOR601 - GRM 1 112 - .III /iw rr~wr rrrwr rrr! III Tl I 37/8 3 2 112 ! i2 I r.r+t Pxnt+ rt..ry s'~:n v.a. Nti C urM ► MY1 Y~L 1 2 NE - r IC GOLQRS & $.50r.. 200 FI LECEND AND BoADER-CAEEK I y~B a.CXMUN0-MOTE s WITHOUT VEHICLE %c PERMIT 7/6 C t2 R7-8a i S 1 I ' 'Y1 J y'. •'k fA~ 1 f,. y~ e_I j ,r - i F y * 4, /y +,(I,~• ` 3 t`i jj ]w 6 ~Vt /J~ r , ,fin ' tfi ir eMa _ 1 L,yd,~,r~~+~t V. 1, .iii"' J! `t•:.. 17 AN ORDINANCE REPEALING AND REENACTING SECTION 24-136 OF ARTICLE V, CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING TO PARKING ON PUBLIC PROPERTY FOR DISABLED PERSONS; DESIGNATING WHERE SUCH PARKING IS SO RESTRICTEll; PROVIDING A PENALTY OF A FINE OF NUT LESS THAN FIFTY DOLLARS NOR r MORE THAN TWO HUNDRED DOLLARS; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Section 24-136 of Chapter 24, Article V of the Code of Ordinances of the City of Denton, Texas, is hereby repealed and reenacted in its entirety, to read as follows: Section 24-136 DESIGNATION OF PARKING SPACES FOR EXCLUSIVE USE OF DISABLED PERSONS UPON PUBLIC PROPERTY. (a) When signs are erected giving notice thereof, no person shall, at any time, stop, stand, park, or leave standing any vehicle not displaying a specially designed symbol, tab, or other device issued by the Texas State Department of Highways and Public Transportation affixed to the license plates of such vehicle indicating the owner thereof or a passenger therein is permanently disabled or any vehicle not displaying an identification card issued by said Department indicating the operator of such vehicle or a passenger therein is temporarily disabled, at any of the following places, to-wit: (1) One (1) parallel parking space adjacent to the elevator entrance to the First Methodist Church on Mulberry Street; (2) One (1) parallel parking space adjacent to the elevator entrance to the Texas Building on Locust Street. (3) One (1) 45 degree angle parking space on Elm Street in front of the premises located at 115 North Elm Street; (4) One (1) 45 degree angle parking space on Hickory Street in front of the premises located at 131 West Hickory Street; (5) One (1) 45 degree angle parking space in the middle of the. 100 block of North Elm Street adjacent to the curb ramp; PAGE ONE t~Y )fit .r ~ tF- r • a i • r d~ ~:~I~,~ f ri` M I. ~s ~A a~ ,l yj k~~r~Y"t-~~'~~iT.,^~grJly~rrkt }ti16 eta:. J,.Y q. .ti.~~3•r "~~~i'.~c tl~i':. ~Ri K. xh +tyyr M,~~,~'~,fy~'~"~y ~~4.Y„t!F Y~~•",x . (6) One (1) 45 degree angle parking space in the middle of the 100 block of North Locust Street; (7) Two (2) parallel parking spaces in the parking lot of the Denton Civic Center near the handicapped access ramp; (8) Three (3) arking spaces at the Denton Senior Center, 509 North Bell street, on the north side of the building and adjacent to the access ramp; (9) Two (2) parking spaces at the Texas Employment Commission, 510 I-Hwy 35E, in front of the access ramp leading to the entrance of the building. (10) One (1) parking space nearest the handicapped access ramp at the Denton Public Library; (11) One (1) parking space adjacent to the handi- capped access ramp at the southwestern entrance to the Municipal Building at 215 E. McKinney Street in the U. S. Post Office/Municipal Parking Lot; (12) One (1) parking space at Mack Park on the south side of McKinney Street adjacent to the side- walk leading to the tennis courts; (13) One (1) parking space at Mack Park on the north side of McKinney Street adjacent to the sidewalk leading to the park's concession stand; (14) Two (2) parking spaces at North Lakes Park nearest the access ramp and entrance to said park; (15) Two (2) parking spaces adjacent to the handicapped access ramp at Denia Park. (b) The provisions of this section prohibiting the parking of un?uthorized vehicles shall apply at all times to the parking space and any part of the parking space as designated herein except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device. (c) Any person adjudged quilty of parking a vehicle in violation of this ordinance shall be quilty of a misdemeanor and punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00). PAGE TWO k a,~~ (T , r" . % SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION III. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. Al ~Q PASSED AND APPROVED this the l-~ day of 1983. CIT OF D TON, TEXAS ATTEST: 17 ~11711zo h( CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE THREE of l;r•.. t z. iy..~-:. ~.xr.. ,«-n i.. r. ~ iJN~ { ztr+t t t k w,t; 1 'a i'xt r- •v,F r.. S t ,..5.. • r .Y pfd .~fi a is , 2'f' ~i.~ I ,S U~ r # - .~E ~f r ; " ( ,bra. •`yF°, e fy' yW..'` M ' T 7r R E S O L U T I O N WHEREAS, Lewisville Lake serves the cities of Denton, Lewisville and Dallas as the sole or major supply of water for municipal use; and WHEREAS, the Denton City Council is dedicated to providing high quality water to its citizens from water obtained from Lewisville Lake; and WHEREAS, the Denton City Council is concerned about pollution in Lewisville Lake from existing and new septic systems at or near the lake, lake recreational use, non-point and point sources and new residential and business developments near the lake that do not have adequate wastewater treatment systems; NOW, THEREFORE, BE IT RESOLVED BY THE DENTON CITY COUNCIL THAT: SECTION I. The City of Denton hereby expresses its firm commitment to pursue policies and actions to help maintain the water quality in Lewisville Lake at high standards to assure a continued supply of fresh water for Denton and the surrounding area. SECTION II. The City of Denton hereby strongly urges all parties that are involved in managing the Lewisville Lake and its recreational facilities such as the Corps of Engineers, parties regulating Lewisville Lake's water quality such as the Texas Department of Water Resources, the Environmental Protection Agency and the Denton County Health Department, parties discharging wastewater treatment plant effluent into Lewisville Lake, parties developing properties, homes and businesses in and around the lake or responsible for regulating such development, and parties utilizing Lewisville Lake's recreational parks, shoreline and water surface for recreational purposes, to also pursue policies and actions to help maintain the water quality in Lewisville Lake at high standards to assure a continued supply of clean, fresh water for the region's municipal and recreational use. PAGE 1 -t Ilk SECTION III. The City Secretary of the City of Denton shall cause a copy of this Resolution to bey forwarded to the United States Corps of Engineers, the Texas Department of Water Resources, the Environ- mental Protection Agency, the Denton County Health Department, the City of Dallas, the City of Lewisville, and other appropriate entities and parties after its passage. PASSED AND APPROVED this day of , 1983. CIT OH D NTON, TEXAS ATTEST: CHARLOTTE ALLEN, IT SE RET RY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE a~- LONE STAR GAS COMPANY - TRANSMISSION DIVISION STATEMENT OF GAS COST ADJUSTMENT AND CITY GATE RATE FOR THE MONTH OF AUGUST, 1983 PREPARED IN ACCORDANCE WITH THE ORDER OF THE TEXAS RAILROAD COMMISSION UNDER DOCKET NO. GUD-3543 f The attached documents consisting of an MCCA Statement and Schedules A through F showing the gas cost adjustment, the out-of-period purchase account, the revenue from extracted products account, the correcting account, and the city gate rate to be charged to the Distribution Division for gas delivered to residential and commercial customers and for company-used and unaccounted-for gas were prepared by me or under my direct supervision. I hereby certify that the information contained herein is true and correct to the best of my knowledge and belief and that it was prepared in accordan:e with the attachment to the order of the Texas Railroad Commission in docket CUD-3543 dated November 22, 1982. ✓a.,.~ G. H. Vaughn, Director of Revenue Requirements Lone Star Gas Company Filed: July 20, 1983 MGCA Statement LONE STAR GAS COMPANY - TRANSMISSION DIVISION STATLMENT OF GAS COST ADJUSTMENT AND CITY GATE RATE* EFFECTIVE AUGUST, 1983 Ili ACCORDANCE WITH ORDER OF TEXAS RAILROAD CUMMISSION UNDER DOCKET NO. GUD-3543 Line Mcf Amount Amt./Mcf 1 Estimated Gas Purchases 39 240 000 $139 849 000 $ 3.5639 2 Plus Estimated Withdrawal From Storage 3 076 000 9 626 000 3.1294 3 Less Estimated Injection Into Storage 569 000 2 076 000 3.6485 4 Estimated Net Gas Received Into System 41 747 000 $147 399 000 3.5308 5 Ratio Volume Sold To Volume Received t .9754 6 Estimated Weighted Average Cost Of Gas Sold (EACOG) 3.6198 7 Plus Gas Cost Correction Factor (MGCCF) Based On June, 1983 .2043 8 Less Base Cost Of Gas Included In Base Rate 3.5195 9 Less Extracted Products Revenue Adjustment (MEPRA) Based On .tune, 1983 .2627 10 Plus Base Extracted Products Revenue Per Mcf .0890 11 Plus Out-of-Period Adjustment Per Mcf (MOPA) Based On June, 1983 .1247 12 Subtotal -.2556 13 State Utility Tax Recovery Factor X 1.0025 14 Gas Cost Adjustment (MGCA) .2562 15 Plus Base City Gate Rate 4.0200 16 Regular City Gate Rate 4.2762 17 Less Credit Pursuant to FERC Incremental Pricing Surcharge .0000 18 City Gate Rate $ 4.2762 i *Intracompany charge to the Company's distribution divisions for sale to residential and commercial customers and for distribution company-used and unaccounted-for gas. Schedule A LONE STAR GAS CORPANY - TRANSMISSION DIVISION GAS COST CORRECTION ACCOUNT (GCCA) FOR THE MONTH OF JUNE, 1983 AND GAS COST CORRECTION FACTOR (MGCCF) FOR THE MONTH OF AUGUST, 1983 Line GCCA For June, 1983 1 Balance In Account At Beginning Of Month (GCCA2p) $(2 438 897) 2 Weighted Average Cost Of Gas During ;fonth (WACOGp) $ 3.5575 3 Less Estimated Average Cost Of Gas During ]tonth (EACOGp) 3.4174 4 Excess Of Actual Over Estimate $ .1401 5 City Gate Sales Mcf During Month (RCSVp) 5 591 138 6 Charge/Addition To Account (TGCCp) 783 318 7 City Gate Sales Mcf During Month (RCSVp) 5 591 138 8 Gas Cost Correction Factor Charged During Month (MGCCFp) S .4715) 9 Credit/Reduction To Pccount (2 636 222) 10 Interest On TGCCp (TGCCi - Line 6 x .01167)* -0- 11 Balance In Account At End Of Month (GCCAc) $ 980 643 MGCCF For August, 1983 12 Estimated City Gate Sales Mcf (RCSVf)*** 4 800 572 13 Gas Cost Correction Factor (MGCCFf - Line 11 t Line 12) $___.t204 3** *Applies only when [(Line 3 - Line 2) t Line 2] is equal to or greater than 0.05. **Enter on Line 7 of MGCA Statement. ***Adjusted City Gate Sales During August, 1982 To Normalize Weather. a. Base Load Per Customer Per Month From Docket CUD-3543, Mcf. 4.365 b. Number Of Residential And Commercial Customers Billed X 1 137 180 c. Base Load Sales, Mcf 4 963 791 d. Total City Gate Sales, Mcf 4 800 572 e. Heating Load Sales, Mcf (d-c) (163 219) f. Ratio Normal HDD (-0-) To Actual Hdd (-0-) At D/FW Airport X 1.0000 g. Normalized Heating Load Sales, Mcf (163 219) h. Base Load Sales, Mcf (c) 4 963 791 i. Normalized City Gate Sales, Mcf 4 800 572 Schedule B LONE STAR GAS COMPANY - TRANSMISSION DIVISION WEIGHTED AVERAGE COST OF GAS (WACOG) FOR THE MONTH OF JUN;, 1983 Line Mcf Amt./Mcf Amount All Sources 1 Gas Purchased Per Books (Before EEI Fuel And Shrinkage Exclusion) 30 148 190 $3.5913 $108 270 818k 2 Less Purchases For Off-System Sales 1 884 2.6569 4 968 3 Less Purchases For Sec. 3116 Sales - - - 4 Subtotal 30 146 306 3.5913 108 265 850 5 Less Purchases For EEI Fuel And Shrinkage 859 893 3.5913 3 088 134 6 Less Out-of-Period Adjustment Amount - - 2 742 201 7 Total Gas Purchased (TGPa, ACGPa, TCOGa) 29 286 413 $3.4977 $102 435 515 Non-Affiliated Suppliers 8 Gas Purchased Per Books (Before EEI Fuel And Shrinkage Exclusion) 28 523 730 $3.6146 $103 102 368 9 Less Purchases For Off-System Sales 1 884 2.6369 4 968 10 Less Purchases For Sec. 311b Sales - - - _ 11 Subtotal 28 521 846 3.6147 103 097 400 12 Less Purchases For EEI Fuel And Shrinkage 859 893 3.5913 3 088 134 13 Less Out-of-Period Adjustment Amount - - 2 698 803 14 Total Gas Purchased (TGPn, ACGPa, TCOGn) 27 661 953 $3.5178 $ 97 310 463 15 Line 7 Mcf And Lesser Amt./Mcf On Line 7 Or 14 29 286 413 $3.4977 $102 435 515 16 Plus Withdrawals From Storage (TGWS, ACSW) 1 495 812 3.1223 4 670 374 17 Less Injections Into Storage (ACSI, TGIS) 2 599 920 3.5819 9 312 653 18 Net Cas Received Into System 28 182 305 3.4700 $ 97 793 236 19 Ratio Volume Sold To Volume Received t .9754 20 Weighted Average Cost Of Gas Sold (WACOG) $3.5575** *Includes NGo., accruals of $505,229 ^nd NGPA reversals of $198,945. **Enter on Line 2 of Schedule A. Schedule C LONE STAR GAS COMPANY - TRANSMISSION DIVISION EXTRACTED PRODUCTS REVENUE ACCOUNT (EPRA) FOR THE MONTH OF JUNE, 1983 AND EXTRACTED PRODUCTS REVENUE ADJUSTMENT (MEPRA) FOR THE MONTH OF AUGUST, 1983 Line EPRA For June, 1983 1 Balance In Account At Beginning Of Month (EPRA2p) $1 071 509 2 Contract Revenue From Ens.Expl.In Acct. 491 (LSCR) $1 994 589 3 Enserch Exploration Operating Income (EEIOI) $4 496 871 4 Portion Assigned To LSG Co. For This Purpose X .4073 5 Amount Cf EEIOI Assigned For This Purpose 1 831 576 6 Plus Rem index Of Revenue Ir Acct. 491 (TOR) 271 426 7 Plus Incidental Oil S Gasoline Revenue In Acct.492 (TOR) 248 043 8 Less Windfall Profits Taxes Related To Acct. 492 Revenue (WPT) 7 617 9 Total Extracted Products Revenue For This Purpose $4 339 017 10 Monthly Allocation Factor From Schedule F (MAY) X .3109 11 Credit/Addition To Account (TEPRC)* 1 349 000 12 City Gate Sales 'Ncf During Month (RCSV) 5 591 138 13 Extracted Products Revenue Credited During Month (MEPRA) X$ .2072 14 Charge/Reduction To Account 1 158 484 15 Interest [EPRAi a (Line 1 - Line 14) x .011671 -(1 215) 16 Balance In Account At End Of Month (EPRAc) $1 261 010 MEPRA For August, 1983 17 Estimated City Gate Sales Mcf From Schedule A (RCSVf) 4 800 572 18 Extracted Products Revenue Adjustment (MEPRA - Line 16 + Line 17) $ .2627** i *If less than zero, the credit/addition to t:te account shall be zero. **Enter on Line 9 of MGCA Statement. Schedule D LONE STAR GAS COMPANY - TRANSMISSION DIVISION OUT-OF-PERIOD GAS PURCHASED EXPENSE ACCOUNT (OPGPEA) FOR THE MONTH OF JUNE, 1983 AND OUT-OF-PERIOD ADJUSTMENT (MOPA) FOR THE MONTH OF AUGUST, 1983 Line OPGPEA For June, 1983 1 Balance In Account At Beginning Of Month (0°GPEA2p) $1 925 544 2 Out-of-Period Adjustment Expense During Month (OPGPE) $2 742 201* 3 Less OX Of Amount Related To Deliveries After 11-30-82 -0- 4 Less 5% Of Amount Related To Deliveries 2-3-80 To 11-30-82 47 012 5 Less 15% Of Amount Related To Deliveries 7-1-75 To 2-2-80 -0- 6 Less 35% Of Amount Related To Deliveries 3-1-72 To 6-30-75 -0- 7 Reduced OPGPE For This Purpose $2 695 189 8 Monthly Allocation Factor From Schedule F (MAF) X .3109 9 Net Charge/Addition To Account 837 934 10 City Gate Sales Mcf During Month (RCSV) 5 591 138 11 Out-of-Period Adjustment Charged During Month (MOPA) X$ .1121 12 Credit/Reduction To Accwu' 626 767 13 Interest (OPGPEAi = (Line 1 - Line 12) x .01167) 15 157 14 Balance In Account At End of Month (OPGPEAc) $2 151 868 MOPA For August, 1983 15 Estimated City Gate Sales Mcf From Schedule A (-.CSVf) 4 800 572 16 Out-of-Period Adjustment (MOPA - Line 14 z Line 15) .4483** *Inculdes $1,591,629 in out-of-per16d gas purchased expense classified as roll-over. **Enter on Line 11 of MGCA Statement if less than $.0600. If more than $.0600 enter $.0600 plus 1/6 of amount in excess of $.0600. Schedule E LONE STAR GAS COMPANY - TRANSMISSION DIVISION OUT-OF-PERIOD ADJUSTMENTS - ALL SOURCES FOR THE MONTH OF JUNE, 1983 _ Adjustment Amount From 3-1-72 From 7-1-75 From 2-3-80 After io 6-30-75 To 2-2-80 To 11-30-82 11-30-82 Supplier Out-of-Period Price Adjustments Amoco Prod. Co. $ - $ - $ - $ (65 655) Sun Oil Co. - - (10 090) (1 368) Jack Grimm - - - (33 236) Ridge Oil Co. - - - (21 107)' Black Hawk Gasoline Corp. - - - 19 606 Sun Oil Co. - - 76 827 5 957 Henderson Clay Products - - 45 075 - Monsanto Oil Co. - - 12 714 - Northridge Corp. - - - (10 088) Ridge Oil Co. - - - (13 558) Southland Royalty - - (6 045) (14 214) Jones Exploration Co. - - - 44 175 Various Other Adjustments - - 5 911 13 213 Total $ - S - $ 124 392 $ (70 275) Out-of-Period Price Corrections Delhi Gas Pipeline Corp. $ - $ - $ - $ (58 479) Arkansrs Louisiana Gas - - - (90 214) J. L. Davis - - - 67 909 Smackover Shell Ltd. - - - 58 233 Ferguson Crossing Pipeline - - - 134 244 Ferguson Crossing Pipeline - - - 116 139 Delhi Gas Pipeline Corp. - - - 263 057 Producers Gas Co. - - - (63 756) Teco Pipeline Co. - - - (451 217) Clajon Prod. Corp. - - - (126 605) Houston Oil b Minerals - - - 107 316 Superior Oil Co. - - - 56 861 Delhi Gas Pipeline Corp. - - - 99 333 Delhi Gas Pipeline Corp. - - - (125 556) Mobil Oil Corp. - - - 64 601 Amoco Irod. Co. - - - 56 174 CRA, Inc. - - - (142 816) Bengal Gas Trans. Co. - - - 59 563 Valero Trans. Co. - - - 458 032 Henderson Clay Products - - 158 404 58 699 Getty Oil Co. - - (58 586) (10 766) Brown Energy Inc. - - 69 626 76 961 Houston Oil 6 Minerals - - 9 339 (75 503) Superior Oil Co. - - - (101 312) i Schedule E LONE STAR GAS COMiPANY - TRANSMISSION DIVISION OUT-OF-PERIOD ADJUSTMENTS - ALL SOURCES FOR THE-MONTH OF JUNE, 1983 (CONT'D) Adjustment Amount From 3-1-72 From 7-1-75 From 2-3-80 After To 6-30-75 To 2-2-60 To 11-30-82 11-30-82 Out-of-Period Price Corrections (Cont'd) Arkansas Louisiana Gas $ - $ - $ - $ (181 108) Amoco Prod. Co. - - (2 671) 141 386 Smackover Shell Ltd. - - - (81 748) Lee Operating Co. - - 142 235 14 393 Triton Oil S Gas Co. - - 14 046 52 084• Amoco Prod. Co. - - 66 977 233 050 BTA Oil Producers - - - (50 924) Atlantic Richfield Co. - - 59 938 21 233 Ferguson Crossing Pipeline - - 123 632 Shell Oil Co. - - (267 812) Union Texas Petro. - - (3 733) (66 110) Various Other Corrections 236 650 1 632 885 Total $ - $ - $ 815 857 $1 878 227 Total Adjiistments and Corrections $ - $ - $ 940 249 $1 801 952 Recovery Disallowance X .35 X .15 X .05 X .00 Recovery Amount Disallowed* $ - $ - $ 47 012 $ - I *Enter on Lines 3, 4, 5, and 6 of Schedule D. Schedule F ry N n n n P.-r P ly nnP.O 1n0 W Cn m PO^ C P. NNN N Nnn Y \ q Y N V O ~ oY> u 1n .1 q V < 0. W q m v m m N p n .OPON .}Wr1 r N J NN.p P.On J NOn P.10 Oy ly n!'•n NNn M Y •1 n.ImN ppm Y> W N n N n n n N nnnn nnn T T y N u y y n.o NNN 17.0 n n.•I PN Nn n yn r .•1 O W N•OW •1 W NOOD nJ~On PN^J V y N .-InN.+N C. POONn PPN W nn.+ 4 Y C ~ m J rm1J .n+P OOD J.-1 .D nn.Nri .~i ~pp.Pn F' ~ MCNV ~P~ONJJJn.Y NfNIm•r O.pN Yw nNnN ON•"1 Y V N W W W W O m Z y= JICON Nm"'1 N N m .-r pNq n Omn Q NNnn+ ♦S V.J Iy1 F.rVl H v OnV mVJ Pn Pn Jnn O~ r,)Vgl WWnn .O NJ vJJJ JyJ Z ypjv w NPW W PNnn L.J 'JNn Jn •O ~}•-1 NOi L JOPJPOP mJ.Dn WN.-IW .WfNv 1-. Y `~j r-1O.OnNNNn Pmv]OnNP p.J .O NU Y m IA J.-IPNnn Nn.-InP N.TNn N~}!1 4Y<G .On O.•~m N.•Id ONPnN.O N.TN 7.~ Z F' « q O 10 m J n J J n N W n m m N P n n zD In v+vJnnrJVVnnnvvnr.NNN I r. ~~.[1 G P W OnNJ nm.•1Pm P W NN NnP Vw nJn.rn n.•I fi ap On.1mN.T N.Ov Oy q 117 z P.i nNMN •O Pm n N PnNJ PS.r'.-1 r •-1 N N n J N r-I N .O W •O P J n .y ~0 V ~ .Yd b • PV .ONNJn NNn PP W.-1 .-1 .Onn y N 0000.+.~ .+•+O.O P PO Wn WPW 1/7 .,1 M .i 1 O iA @ 1 i V q O s I P W I NPPO W Pn.<NOW OnJ V 14 Z V T• O NNON P P PJ D.-IJ PK1J J.+a p N m 1 •010 I NJnm PNm POOP Wnm ~ 9 ~ V ~ n Nn 1.1 N.1N N .r N.y~ .-In.J V yy r Y N w O F n I I I 1 1 1 1 1 i l 1 1 1 1 1 1 1 m 0. W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 = H •I •D I: I l l l l l/ l l l l/ 1 1 1 y fJ r P •A 1a v ~ s Z N N I p 9 C N.-/NPN NO Pn .+~}.T r Ow J•O .0 .-110 Co .Jy W J NO~OPOnPnJ W •O NN Wyn U .•f r S. O W POhnO.OMNN nJ nN NnW y N . J JON O.O rf N.O .O .ONN N.O 0 .0~ Y M ~ m ~-1 N.OmD .J •C •0 J.'~PN nJP.+n .1 ~ r Y N n N•J P nN N O N PhnJm.l n.T .Q F V q q N n N P N m N N W n P. J P P N 040 s N NJ Jnn nJ J nn1`1JJ nnnNN w O O V N n J ~ W W tm'1 .7 ~ N r•t T L Q Y V g T V ,Yp Y Y Y T V O Y Y .J Y T] Y O m V] Y V V T 7 u O V V 7 Y u••~ Y T Y G L pY L q T C •'I d 'p\ yY c 7 y Vy O L qYq Y ~p Tq C ••J tl 6 Y f V C G CYa Y n Tr~ C .•1 tl C 7I q< q "'15< Y V Z G•g9d L 6S•1 ^,i <1nOZ O"qi~ S<S"1 '•]f< i O A T H O F O F F I C E CITY OF DENTON BOARD AND COMMISSION I, Lee Keith, do solemnly swear (or affirm) that I will faithftlly execute the duties of the office of Member of the Airport Advisory Board of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this C Subscribed and sworn to before me the undersigned on this the 26th day of July, A.D. 1983. To certify which witness my hand and seal of office. CIT S "EA CITY OF DENTON, TEXAS 0264C/09000 Y' INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its CITY MANAGER, and Ms. Sally Erdman, hereinafter called Contractor, hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Observe and advise city personnel regarding roost disperal activities. B. Train selected city personnel in roost dispersal activities. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. $10.00 per hour for each hour worked relative to the previously mentioned services to a maximum of 50 hours. B. Dates of Payments: Payments will be made within ten days of receipt of invoices. 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by Band between City and Contractor that Contractor is an Independent Contractor and shall not be deemed to be or considered a-, employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee INDEPENDENT CONTRACTOR'S AGREEMENT-PAGE ONE r benefit. The City shall not have supervision and control of Contractor or any employee 6f Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FL:+DS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the budget of the City of Denton. S. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 6. CANCELLATION: City reserves the right t6 cancel this agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 7. TERM OF CONTRACT: This agreement shall commence on the day of _.Il, 1983. ATTEST: CITY OF DENTON, T S EXA C CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM SALLY ERDMAN, CONTRACTOR C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: C BY: - QQ4 THAT Bill Angelo is hereby designated as th person to administer the provision of this ag n . F / 2 7 /8 '5 DATE CITY M INDEPENDENT CONTRACTOR'S AGREEMENT-PAGE TWO F'~J i~~~.ta,~r)~.~':fty 1~. 11,1 it :l R, 1. .tG~=.:~... If lhE;•:~. r.' :~fv:[i'~47: r tl x'. 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Cpclfaror's O.,?r erly Roped (Form 19-101) 1 {1!n I r , r ~1 Rsaerrit ai.: - ~a hart c',.+,.•..+, _ _ i Pi°i,C fs`d [:S'6i t..''.S J p f G~ * ~ •t y t s,• ~ {i yr t ' ! F l.' its lkt n ,;r-n cE :.r~-+ •P al.•c! t.ye zt i<.;3 n.:r~ f.,.r'! V.-rter +•:,i Mv.v'.a tht iota !v1'n •~Z,.es:et 41 aup VIA t'`C 1l• :L:4"!T":hi :}d! E•,ir.'n: trite C''• "!rK 71 6 iw C;=fI:G" i (]::FI t1'!\' Rfpirt' fiN?r IrLC.: •ri ~.4='f nql. ~ctm oa;' rg•s,a ry -'s. r..;• i.r+ -..,G 1)r 61"?'. Ga l,faT l11 • Rcns oe o-:.a.7 i!!?}P,; r.r!s Wwn 171 . Ei•n~r aupp,.s a-rC t1~kk~±:;; p.frchasod i+rg.n t 3r • V'*% [.r~•;a;e f for as } tl IJ:~r q. ~-04 flat^ I Cl • tterct._:na.u pF a:iCli der b:•};:r c-iit'7IItc-1 !Cl • LP: h-r t?lm q frlvfri a\u: s.•1•.'c] 15' iJrt +;rIT 14-_U3DE 1:11,'.) F'1Tt5 AWAROrAj rash w l.. o'rchdr.a,%O 4R C0%rRtBUTI6%S r-OR "NA.RIfF9if 1't FrCrgES r ixa d~ ❑.p"et NL;~~' Tie t :rp;ni'+ 1L!-y! :e fh'• ',tCd+ -,,.I •,un1 Ike cmnunl •.,^nr1.t to fr.•ri F. of 64 :4' ' ~ .,a' . • pie J err i' r , b - - F ' j _ _ ~e t1E:-GOF Sent hfC tlF. Ur fr(P~rdSE ~ a CSATEa.FFANWEN A\' ;JY Ni?-gfAsLA'CPr }0n"FO+FE - r 4? k Adt?L~-- t J~~•_4~d. 1/w.i ~Jtr'? wIt -.I a - . ~ t'y( r.{~r. r,tt+l~eN^_.L.. S',i__._ ' /,I ' l ••~~if~ ~i;' _ t ♦ Ste. ' /f • a A-_.__ J',..~Gr.7 4.._ i- t,l _r It .2:- 4 ~ : - . CJrJ r.•rtL ~•+G/-"' ~'r_- 'i w~ ll ~ tea' +~_si~y S~~r 0~-e4i _ . , . 1r , l~ ~f _L ~t*[11'.t'~~_L'.r lt?~14i$ t1 . ~1- --n J ~ i+f. LL_. ~r;; }~a.~ -~LN7 aJ.~i..~►'~.);~_ j--- - C ► _._y._!a r~ _I I t.i tlC.. S'\ S J.f. >L_-._ _ . ._r__ __LGf..i~..-_l.x` ' ' •i,R a l..rt K ~ a'`f, /~~L~~L~.i ZN ._\lli i..3>..~.L.}fl ~~~'.i...1`.SF-Jr_.-~. JJ ~ ._._~i.-::I!!.LL}_fr._Ca,..._~5..{h.'.2•-"'~16~7,..11.. __~LU.1.rt~a 7- X11~u !Ir.1 s... • Ls.r_?.t~tt S AQ~y,~ '2 /::3 l f:C r' ;?,p .a r_ r t f-.L" 1laa}r•tf .~}1~cecfjx Tr' 61 ix?, A tt pp ~ J~ ' JLJ ' y7- T I, w 1 TOTAL OF !E` ~d Q Combine rter total of Item 9 on all Pspense icrtedw4 pages and enter the c+ombrned 140101 y; THIS PAGE a?! d?3J l., item 17 of the Bingo Operator' Quarterly Rtport y n.~ r~.:+ r,ryllr, r'". rata x:0.1 TEXAS SCHEDULE OF BINGO PRIi!i:S ro riolavc` }situ the rezas fi,nyi' opt?rator's CLarterlp Nepoft (Form, 19-101) f'ry~-_j __ut 1, B~r4a 1, wiso r f r 2 ri;s14 r.uvtar 3 3 7 S r 1/~ rot, 1.s~ E. i~F., µ r,trtr<'aY d cr Fke..t rays ,r:.-t..a ~~f t N * , rdr. ,c Us*t r-oi occob ;,.n ors -Frill bo,wo yxr." r:,:r! Cor,co,cted dufl,lj thw repwlinj t7Uartcr and pfvv'de -J2 IAtof*&*ibf`. rU.': ;T+;!t ..JJ FRir".ES I''JA+;3 i~1 F'OH FP.CIt OCCtO40N tcact: aro r,er:tiar6w CANNOT EXCEED S2,5W ISO NOT INCLIICE ANY OTHER EXP N^,FSORN.)N1R1o3UFJ()NSFGRCHARITABLEPURF)SFS- _VWF: !f.e 1oi1+ 14,x'1 c;A N` -rF ti1L Y.2'[' t.SC!'d :r1 Pa; sr icdu'e (ftcri JQJ o;usOequa1 Me Q.YAL^.1 C 1(lrtt'it7. 11.'r't i,;f re agar}. o(:5rrue;tr;ii rrr ,r! 1ye.;~tfium~lx:h,dv:rpag cif ~5- Lion IFGr f+.~YIeilOFllkl s PAWSAVIAR❑ED 11 TE3 ?QTAI F r.oQ I7.d J lQ 11.PUR ~ir0 ' 1 {Kt A.rri "c, E r L;~ Ut.r `i 'E:1.1L T0TA 1. .,A41 r ,t ~H,' R 1'iatr~~ Fri•Z pj~S a , ~ Y. I r r . t • V. f _ Or li+f.t. ~ r) i . _ - _ }r I1 ~.i1.1 ' i ~r za jr, 10, ? r• _~~r _ _ rte. ~ v e: c~ '"d3' .ilk ~AC$ I' 0 Pre., 7, 60 4- 13 - Vol r f r ry r- - r / ~3 r--- _ - r Zv? 19 1/ 2t 11 Zr? _ Af 26 7. Qe 27 151VIPI 28 Z9 t 31 41 9 32 Vo i-- 34 30 0_... - - - - - -a-4 • .`.lie d'o) _ - - ---p oa 34 oil. 12. Torfits 101 no C'ombine the total of ltnr 10 or aM bbW pri:d schedule pogu and cater tha rc'mbiard total Im ltem 18 Or the BOW 0pe1`at'X•T Qrrar[erly Hepoi?. 1410 t MdU to the "Wo4LO,e • d r I•TEX.AS SCHEDULE OF DISTRIBUTION OF BINGO PPOCEEDS paw J _ of. f. svlth Me Texas Bingo pporafor's Quarfc>r!y f`eporl {Pant 19-101) j To be Nod Z PeDe'rt3',O qu.N l+r - T3. 1. 91npn lfce iF.anv7+b.. - ~.iet>x reaG instn ctwft ~ r T + fle'M of oroe^''! re:r0~ if1 Ye fR„f! a de List each dillnl,,bon of net ffoceeds made uuriR7 the sport, q 4,,artcr and pror'rde tir in!ormatl~n te4uasteai• ALL NET FRO CEEUS MUST OE USED ONLY FOR "COARITAOLF PURPOSES" OF THEORGAtNIZATIONVhJHIN THE STATE OF TEXAS. ProeeMs may rot be imd to suf.pott c, oppxe A tand~datt{s) fur public office or any rr,_a91ra that is subrnMod fa- s puhte ti:•)te, .'e the sddi'tionsl sch-iWe p2q n it reievwry i - 1 AMOUNT NAME A t11A.D ~E55 Ci PAYEE PURPOSE (Aft US fl- HCC'E6t+5 • OATS VF 7 DlsrffinuT;oti ;6 klt, r 45 L' 19, % r r: 10 A -A. f• "r , t 'L.C.•-- 11/ l2_~IQN_fMule_;. r L ~ n_ PlLai.^l. _ - - - V "rv 71 Ctc.L1/2 .r. _ _ . _ t• ~ _ t ras r J0~1?k___J<;1-u->sl-~ t-l f- C ' --~-~.orlla s c.:.. OJT-- - -T_` - - r_ a 3• t. Z } L. . fi I 4- r~ Jam, l /~a f rr~7°.►, _ r. ~i1.c% " ~ S ~G<7!{rW-s' 4%vv_- 4A/'+t 1tv t~l~f1JA-~ 1 LTOTAL. f linr~ 9 orr 0 sch'Oull k4j" 1n ham 13 Odo; , CiKTMlSi 31N,Q15TR~8lJTE0 ~El FfiOf~EE_Q M Ne: t,rotteds on harm,beg°nning of this quarter S (From Item 'd on t. erlou v,rter'a (tiintt oW . _ h 11, &''t Ptoc ck Barred dur,r)g tfus quarter / - r' (horn fpm 19 on th t a:a,zeriy rdya't) 7 > 12. NET PROCEEDS AW,ILAULF. (Item 10 plus Item If) ry 13, W prceoeds d.stributed tiu,in9 s quarter 1SQeQ k I,~ ; (Front t re: n 9 sbos a on th:s rdA&&de) . . , 14. HET PROCEEDS UN3iSTRIBUTED AT ENO OF HIS OUARTER Ll -14 ' (!tern.!? fnince !ter, 131 . . t CERTIFICATE OF AUTHENTICITY THIS IS TO CERTIFY that the microphotographs appearing on this Film-Pilo Skirting -;With JULY 1983 and Ending with JULY 1983 are accurate and complete reproductions of the rec9rds of (Company and Dept.) CITY OF DZWON - CITY SECRETARY -as dolivorod In the regular ceurs4 of business for pho:ogropi-tag. If Is further certified thot the microphatographic processes were accomplished in a mannor and on Alm which meets with requirements of the National Bureau of Standards fer Permanent microphotogrop;ile copy. Dato producsj mirla-Records Compff 24Y IL"W)TECHNOLOGY AT(019)Rl C MWOOpel w PLACES 61Q uti0WPsrk Reer State Arlington, Texas 76010