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HomeMy WebLinkAbout04-05-1983 NOTICh 01~Qwl f; Sk,SS1UN~ IR1 GUIs\It Sl'l:Cl~\L GAl;l UD - E%\WRGG\CY MEETING OF ''tlu THE CITY OF l)liN'1'UN, 'I'kiXAS. ~ Notice is hurl`}b ~,jiyell that~oa the clay of 19 ` the Mo, i~o ~ t.tt of Penton la ' s will to a, t ses,st(C•a u _-.r_ Spec Ial called;) em~rgo)t y meeting at 01c10ck, the of t e ~utttclpul Gisilcrfnglocated at gas -ast c nnoy, )eaten, xas. The subjects to be considered are listed on the Agenda which is attached hereto rind make it part of this notice, if during the course of tho meeting covered by this notice the Board/Commission should determine that an executive meeting of the board/Commission, or it consultation with the City's attorney should be lie ?d or is required, then such executive meeting or consultation witn t,to City's attorney as authorized by Article 6252 17 Revised Civil Statutes of Texas will be held by the board/Commission at the date, hour, and place given in this notice or as soon after the comutettcement of the meeting covered by this notice as the bourd/Comm ission may conveniently meet in such exocutivct meeting, or consult with the City's attorney concerning any and all subjects and for stn and all purpo:>es permitted by Soctlo+t 2(b) through Section 2(p), inclusive, of said Article 6Z52-17, including, but not limited to; Section 2(c), Suction 2(o), Section 2(f), Section 2(gand Section 2( j) is it d as marko(I in the it ttaclied Agoada, Should itny flna.l nCtio+), final dec1sIoit , or final vote be roquirud in tIt e opinion of the Board/Commission with regard to any aittttur considered Ill Such axor.utive meeting o,c• consultation 10.th the City's attorney, alert Such final action, final decision, nr final vote shall bo at either: (it) the public meaning covered by this not.ico upon the recottveni;tg of this public meeting, or (v) at it subsequent public meeting of the Board/Commission upon notice thereof, as tho Bward/Commission shall determi;ic. Un this clay of - t , 19 the original of this i+tstrumont was tiled au+nnb the official records or' the City of Ounton, Texas, and an original copy wits posted on the bulletin board in the maul lobby at the M+.+nicipal Builcl.ing or the City of [lemon at o'cIock, ~ _+n, on said dace. cl~niti,uY i. 1: v' `cTry SEERE IiY CITY 0F Uii+V'l'(1N, T11XAS U214C , ~ 1 I r AGENDA CITY Oft DiNTON CITY COUNCIL. April 51 1983 Public Hearing of the City of Denton City Council on 'T'uesday, April 5, 1983, at 4;15 p,m, located sovth of the Texan pacific y.K.&T. Railroad, north of Highway 380 and east of Cooper Creek Road. 4:15 p,m. 1. Public Hearing; A. Public Hearing to consider annexation of approximately 151.49 acres of land located south of the Texas Pacific. - K. & T, Railroad, north of Higghway 380, and east of Cooper Creek Road. (Z-1564) (The PJranning and Zoning Commission recommends approval.) Work Session of the City of Denton City Council on Tuesday, April 5, 1983 at 5:30 p.m. In the Civil Defense !loom of the Municipal Building at which the following items will be considered. 5;30 p.m. 1. Receive a report from Betty McKean regarding the City of Denton's Senior Center philosophy. 2. Receive a report from the Parks board regarding the proposed Briarcliff area park project. 3. Receive a report from the Citizen's 't'raffic Safety Support Commission on flashing signal lights, 4. Executive Session; A. Legal Matters -11 Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Real Estate Under Sec, 2(f), Art. 6252-17 V. A.T.S. C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S. D. board Appointments Under Sec, 2(g), Art 6252-17 V.A.T.S. I City Council Agenda April, 5, 1983 Page Two Regular Meeting or the City of Denton City Council on :'uesdayy, April. 5, 19tH at 7100 p.m, in the City 4ouneil Chambers of the Municipal Building at which the fc,llowing items will be considered. 7100 p.m. 1. Approval of the Minutes of the Joint Meeting of the City Council and the Public Utility Board of March 10, 1983; the Regular Meeting of March 15, 19831 and the Special Called Meeting of March 22, 1983. 2. Consent Agenda; Each of these items is recommended by the Staff and approval thereof will be strictly c,,, the basis of the Staff recommendations, Approval of the Consent Agenda authorizes the City Manager or his designee t:o implement each item in accordance with the Staff recommendations. A, Bids and Purchase Orders; 1. Hid # 9123 - Mobile concession trailer 2, Bid # 9124 - !deters, sockets and transformers 3. Bid # 9125 - Mobile radio units 4. Bid # 9126 - Stand-off brackets 5. Bid # 9127 - Truck beds and bodies 6. Bid # 9128 - Chemical insecticides and herbicides 7, Bid # 9129 - Low band mobile radios 8. Bid # 9130 - Pneumatic t!jbe system 9, Bid # 9131 - Acoustical the 10. Bid # 9132 - Cable, terminations and cutouts 11, Bid # 9136 - Concrete saw ii, Replats ; 1. Approval of the final replat of lots 9 and 10, block 1, Northside Addition. city Council Agenda April 5, 1983 Page 't'hree C. Contracts; 1, Approval of a contract with Jim u'lass for preparation and administration of the 1983 Citizen Survey, 3, Presentation of the annual ti,eport by the Denton Chamber of Commerce. 41 Appearance by representatives of the Bahai Faith of Denton, 54 Appearance by representatives of the Sigma Alpha Mu fraternity requesting to close a portion of Fry Street for the annual Fry Street Fa r/Spring Rennaisance. 61 Adoption of an ordinance and accompanying service plan for the purpose of annexing a tract of land consistin-, of approximately 456 acres located east of FM 2181 and north of Robinson Road. (Z»1560) (The Planning and Zoning Commission recommends approval,) 7. Public Hearings; A. This iR a public hearing to consider annexation of approximately 151.49 acres of land located south of the Texas Pacific - M. K. & T. Railroad, north of Highway 380, and east of Cooper Creek Road, (z-1564) (The Planning and Zoning Commission recommends approval.) B. Z-1565. This is the petition of Mr. Don Pearson requesting a change in zoning from a specific use permit (S-151) Eor a day care center to the two family (2-F) classification on a parcel approximately 0.703 acre in size, The property is located along the west side of Stuart Road beginning approximately 1100 feet north of the intersection of Stuart Road and Windsor [give and is more particularly described as lot 4, The Village - Phase Y, (The Planning and "Zoning Commission recommends approval,) Adoption of an ordinance changing the zoning from a specific use permit (S-151) for a day care center to the two family (2-F) classification on lot 4, The Village - Phase 1. C. Z-1567, This is the petition of William S. Nash requesting a change in zoning from single family (SF-7) and planned development (PD-24) to the planned development (PD) classification on an approximately 19,176 acre parcel beginning at the nor.thwesc corner of Stuart and Windsor and extending Gi;ty Cout~oil. Agenda .April 51 1983 Page Four approximately 1150 feet n)rthward and terminating approximately 230 feet soyth of Aspen Drive, if approved, the planned development (N) will permit the following ].and usesi 1, Greenbelt area - on 4.026 ages 2, Single family (SF--7) - on 1.,65 acres 3. Multi-family (MF-'c0 or 4-plexes - on 5.0 acres presently zoned single family (SF-7) 4. Two family (duplexes) - on 8.5 acres presently coned single family (SF-7) (The Planning and Zoning Commission recommends approval.) Adoption of art ordinance changing the zoning from single fami..y (SF-7) and planned development (PD-24) to the planned development (PD) classification on property Located at the northwest corner of Stuart and Windsor. D, Z-1568. This is the petition of H. J, and Ann Minton requestin a changge in zoning from single family (SF~-7) to the office (0~ classification on a 0.486 acre tract located at 1600 and 1608 Bernard St. and 702 Steminons. (The Planning and Zoning Commission recommends denial.) El 8-165. This is the petition of Mr. Allan Getz requesting a specific use permit for a mobile home park on a tract of land consisting of approximately 39.313 acres located along the east side of Mayhill Road immediately north of ropperty owned by the Andrew Corporation. ('The Planning and oning Commission recommends approval.) Adoption of an ordinance approving a specific use permit for a mobile home park on a tract of land consisting of approximately 39,313 acres located aloe the east side of Mayhill Road immediately north of property owned by the Andrew Corporation. F. S-166. This is the petition of R. J. Button representing Lakewood Estates requesting a sppecific use permit to develop and operate a mobile home park in an agricultural (A) zoning district. The property totals approximately 83 acres in size and is located along the north side of Robinson Road and east of FM 2181 (Teasley Lane). (The Planning and Zoning Commission recommends approval.) Adoption of an ordinance approving a specific use permit to develop and operate a mobile home park in an agricultural (A) zoning district. The property totals approximately 83 acres in size and is located along the north siae of Robinson Road and east of FM 2181 (Teasley Lane). City Council Agenda April 5, 1983 Page Five G. Sw167, This is the petition of the Cumberland Presbyterian Children's Nome requesting, a specific use peradt to allow expansion of the existing children's home at .304 Bernard Street, The property is approximately 17,359 acres in size and begins at the northweN corner of Bernard and Greenlee, (The Planning and Zoning Commission recommends approval.) Adoption of an ordinance approving a specific use perniit to allow expansion of the existing children's home at 1304 Bernard Street. The property is approximately 17,359 acres in size and begins at the northwest corner of Bernard and Greenlee. 8. Ordinances: A. Approval of an ordinance amending Appendix B Zoning, of the Code of Ordinances of the City of Denton, Texas, 1969, as amended, by deleting in the appendix, illustration thereto the exception to the required side yard for accessory buildings where a fire wall is provided on the lot line, and providing for an effective date. (The Planning and Zoning Commission recommends ap'proval,) B, Approval of an ordinance amending Article 18 of Appendix B - Zoning of the Code of Ordinances of the City oe Denton, Texas, 1969, as amended, by deleting therefrom the tent ().0) foot rear yard requirement for accessory buildings, and providing for an effective date. (The Planning and Zoning Commission recommends approval.) C. Approval of an ordinance approvin abandonmenc and quitclaim of easement to Texas Power and Light Company (Grantee, J,A. Mounts). (The Public Utility Board recommends approval.) D. Approval of an ordinance approving abandonment of an easement (Stratford Adaition). (The Public Jtility Boars., recommends approval.) D. Appprova..1 of an ordinance canvassing the election returns and calling a run-off election if necessary. 9. Resolutions: A. Approval of a resolution supporting legislation to increase the hotel/motel occupancy tax from 4¢ to W. 10. Consider final payment to Moore Construction Company for Northridge drainage. f 1 ~ City Council Agenda April S, 1983 Page Six 114 Approval of a lease agreement with l~:t) Testa for office apace rental in the Airport terminal bolldfAg, ' (The Airport Advisory board recommends approval.) 12, Consider the request of Ms. Darles Wal.son for a curb cut on Carroll Boulevard. 13, Approval of a contract with David M. Griffith to complete tie indirect cost allocation for 1981.830 14, Consider approval of Change Orders #2 and #3, C-48-1188 Contract "A" and Change Orders #3 and #4 Contract "C", Intercoptor Sewers-Section 2, for Cullum Construction Company and Freese and Nichols, Incorporated, (The Public Utility board recommends approval,) 15, Consider approval of Change Order #12, C-48-1188-03, Wastewater Treatment Plant, from Gracon Construction Company and Freese and Nichols, Incorporated, (The Public Utility board recommends approval.) 16. Consider Change Order #2, C-48-1188-13, Hickory Creek Litt Station for Red River Construction Company, (The Public Utility Board recommends approval..) 17. Approve request for quitclaim of two alleys located in block 1 and block 2, Railroad Addition, (Q-49) (The Planning and Zoning Commission recommends approval.) 18, Approve quitclaim of 0.0434 acre strip of right-of-way located along the west side of Teatley Lane at the intersection of Teasley and Londonderry, (Q-56) (The Planning and Zoning Commission recommends approval.) 19, Receive a report on the 19A3 Legislative session. 20. Discussion on the selection ,)f auditors to perform the fiscal year 1982-83 audit. 21. Official Action on Executive Session Items; A. Legal Matters B. Real Estate C. Personnol D. Board Appointments 22, Oath of office administered to newly elected Council Members. 23, New Business; This item provides a section for Council Members to suggest items for future agendas. 0751C NJ'1'iCi; OFF KK SuS5IO - KUGUL SFiiCi 1, CALL,21) - EMERGENCY MUTING Ui' THE OF 11,118 CI'T'Y OF DBNTUN, 'i'T;,\AS, Notice is hereby given that on the day of 18 ~ , the City o'"00,-t uenton,- exas w to a or ss'essss~ r'gul r - special called., - em rgency me ing at o clock , m,, in the - of~ipal Bui~oeatod at 215 ast Mc nn y, en ton, exasI The subjects to be considered are listed on the A~enda which is attached hereto and make a part of this notice, If during the course of the meeting covered by this notice the Uoard/Co+mmission should determine that an executive meeting of the Board/Commission, or a consultation with the City's attorney should be held or is require"', then such executive meeting or consultation with the City's attorney as authorized by Article 6252.17 Revised Civil Statutes of Texas will be held by the Board/Commission at the date, hour, and place (liven in this notice or as soon after the commencement of Ilia, moot irig covered by this notice as the board/Commission mmy co nven,'A ntly meet in such executive meeting, or consult with the C;if-yls aLturnoy concerning any and all subjects and for any and all purpotifjs permitted by Section 2(b) through Section 2(p), lnclu; ive, o.f r;t4W Article 6252.17, including, but not limited to. Section 2(c), ;,isf:xirin 2(e), Section 2(f), Section 2(g), and Section 2(j) and as imarkod in the attached Agenda, Should any final action, final decision, or final vote be required in the opinion of the Board/Commission with regard to any matter considered in such executive meeting or consultation with the City's attorney, then such final action, final decision, or final vote shall be at either; (a) the public mti+eting covered by this notice upon the reconvening of this public meeting, or (b) at a subsequent public meeting of the Board/Commission upon notice thereof, as the Board/Commission shall determine. Un this U.;~-/~ day of 19 the original of this instrument was filed among tie of °icrial records of the City of Denton, 'T'exas, and an original copy was posted on the bulletin board in the main lobby of the Municipal Building of the City of Denton, at o'clock, in, on said (Nate, CHAR LOTT - N -CITY , UM h R CITY OF DENTON, TEXAS 0214C r r r AGENDA EMERGENCY ADUENDUM City or Denton City Council April S, 1983 5:30 p.m. proval of cancellation of building restrictions on 1 ,396 acres, T. M. DOWNING SURVEY, ABSTARACT 346 (Gast McKinney) I 0760C p(lS7'lip; A/S/83 2:45 o-ol. 1711?+tm'ncY A1)I1T?~Illl~+ AGUNDA1~~ NAME CITY U1l' U1INTON CITY COUNCIL TIML ; 5;30 PLACE CIVII DO 17011"0 ROOM ME IBLKS NOTATIONS US NO Richard 5towart 381-3225 Joe Alford r..___. 381-4373 Jack Burton S66-2110 Mark Chow 353-1083 Charlos Ilof)klns 566.3031_ James Kiddlesl~or};or 382-8757 RaI y 5 t v_ j1 h c 1 8 566-3.1410 iMHAL SURVICL Y[?S No NOTIFY PkUsS US NU Gatltofl ReCerlt Chronicle 020 1a N'l N 3 8 V Channel 25 1175 Thu Lass-0 ~ 478 JNT KNTU 565-3688 Denton Count.K_l;nter?i 1137 Dallas 'flutes Herald 5C6-0503 01660 L` I~ ci' 2 C" .r';t= C'11r~~ar~'~l lC s'TCd'I1'C/ NU'i'iCb OF NORK SIiSSION RUGU1.W » SPECIAL CALLED EMERGLNCY MEETING OF THE OF THF. CITY OF DENTON, TEXAS ~ Notice is hereby giveg that n the - day of 19 the s r 01 Fe (;it-y--07 Dented, exas w o a work session • eg.~r, _r~ - special called 3• emerges?y, meets at Z o'clock, m,, in the 4 ._..of the Municipal Sui~I `located at 215 ast c nney, n toexas. The subjects to be considered are listed on the Agenda which is attached hereto and make a part of this notice. If during 1:he course of the meeting covered by this notice the board/Commission should determine that an executive meeting of the board/Commission, or a consultation with the City's attorney should be held or is required, then such executive meeting or consultation with the City's attorney as authorized by Article 6252.17 Revised Civil Statutes of 'texas will be held by the Hoard/Commission at the date, hour, and place given in this notice or as soon after the commencement of the meeting covered by this notice as the Hoard/Commisslon may conveniently meet in such executive meeting, or consult with the City's attorney concerning any and all subjects ar,d for any and all purposes permitted by Section 2(b) through Suction 2(p), ;.nciusive, of said Article 6252.17, including, but not limited to; Section 2(c), Section Z(e), Section 2(f), Section 2(g), and Section 2(j) and as marked in the attached Agenda. Should any final action, final decision, or final vote be required in the opinion of the Hoard/Commission with regard to any matter considered in such executive meeting or consultation with the City's attorney, then such final action, final decision, or final vote shall be at either; (a) the public meeting covered by this notice upon the reconvening of this public meeting, or (b) at a subsequent public meeting of the Hoard/Commission upon no0 ce thereof, as the Hoard/Commission shall determine, On this day of 19 the original of this instrument was filed among t e o fIcial records of the City of Denton, 'texas, and an original copy was posted on the bulletin board in the main lobby of the Municipal Building of tho City of Denton at o'clock, m, on said date, _Z /I CITY OF OENTON, 'TEXAS 0214C AGENDA EMERGENCY ADDENDUM CITY OF DENTON CITY COUNCIL r # April 5, 1983 Approval. of an ordinance prohibiting they parking of vehicles on both sides of Carroll boulevard two Hundred Piety-five feet (250') corth of Fain Street to Sherman Drive during the Annual Spring Fling to be held April 16 and 17, 1983, 0763C AGENRA EMERGENCY AUUENUUM city of Denton City council April 5, 1983 500 p.m. 1. Approval of cancellation of building restrictions on 18,396 acres, T. 14, DOWNING b(JRVraY, ABSTARACT 346 (East McKinney) I 07600 r ~ ~Cib$ 41 MEMORANDUM u ~ n X983 Date; March 1, 1983 Toy G. Chris Hartung, City Manager From?omjeff Meyer, Director Qt Planning and Community Development Re; Community Development Stock Grant (CDBG) Committee On Monday, January 31, 1983, the CDBG Committee voted to dissolve, The reasons were as follows; 1. The formal. Citizen Participation structure is no longer required by HUD; 2. Poor attendance of committee members at CDBG Committee meetings; 3. Poor recent response of the public at meetings held by the CDBG Committee; 4, Absence of CDBG funding in recent years, leading to disillusionment and apathy; 5. CDBG Committee belief that the city may be able to elicit more citizen involvement if the citizens do not need to go through the formal committee structure. The Planning and Community Development Department staff recommended change and agrees with the committee action, (See attached minutes,) The "Community Development Advisory Committee" was created by City Council resolution on September 19, 1978, The City Attorney advises that another resolution would be required to negate the previous resolution, Memorandum G, Chris Hartung Page 2 Staff would like direction on how to proceed, Alternatives include 1. Staff working with the City Attorney to repave an appropriate City Council resolution to dissolve the committee; 2. Further discussion with the City Council,, 3, Other In the event the City Council concurs with the CABG Committee and staff recommendation, it is suggested that a proclamation be prepared honoring the present and committee members, .TM; cs 1 W~ , Minu tea Community Development block Grant Committee January 31, 1983 A special called meeting of the Community Development Block Grant Committee of the City of Denton, Texas was held on January 31, 1983, at 7 30 p.m., in the City Manager's Conferenco Room of the Municipal Building, Presents Rebecca Cantu, Birdell Carstarphen, Sibyl 8varns, Jo Luker and Connie Wells Absent; August brown, William Kamman, Lovie Price and Chris Wagers Present from 5taffi Jeff Meyer, Director of Planning and Community Development; Charles Watkins, Senior Planner, and Audrey Bachman, secretary Chairperson Jo Luker called the meeting to order. . I. Approval of previous meetings' minutes. Mrs, Evans moved to approve minutes of special called meetings of January 28, 1982, October 13, 1982 and October 14, 1982, Seconded by Mrs. Cantu and unanimously carried, II. Status report on Denton Housing Authority (USIA). Mr. Meyer advised that as a result of an audit the Denton Housing Authority had to pay back to the city 10,000 twice; the Eirst $10,000 wE:it to pay for the audit, negotiations are underway to give the second $10,000 back in the form of side- walks in the area, He said that payments were made to the housing authority under previous grants for administration, they took the money and put it in CDs. He said there was no question of theft, it was just a matter of poor bookkeeping, they couldn't account for their spending. He said they now have improved their recordkeeping. On question, he said that people with no income are ineligible to live there and those with some income often won't live there. i Ni,nubas , 00ho committee January 31, 1983 Page 2 111, Status Report: on 1982 CUBG Application. Mr. Meyer advised that all applications are an hold due to a HUD Investigation because of an inquiry made about a particu~. lar city. He said that Denton met all thresholds but he has not been able to find out whether it will receive funding. He further stated that CDbG program runs out this year but indi- cations are that it will probably be funded again for give years. He said that Governor White's position is that the state should run the program, that the legislature has to ppass a bill allowing the governor to accept the program, He Mda we malt be applying for next year's money before we know about this year. On question, he said that committee will be noti- fied when staff is notified. 1V. Discussion of COW Committee role. Mx. Meyer advised that new regulations do not require a formal committee and since nobody showed up at last two hearings to provide citizen input he wonders about role of committee. He said he is concerned about wasting committee members' time and it is his opinion that perhaps the committee should dissolve. He said that individuals such as committee members and other interested groups could still be consulted. tie suggested that the committee think about it, that committee might want to have another meeting before making a final decision, He rec- ommended that the decision be made prior to new committee being appointed after the City Council election. On question, he said this had not been discussed with City Council, that staff wanted to ask committee about it first. Mrs. Luker said that when there was a good turnout at meetings committee would hear comments that were productive, that she felt the reason they didn't come this year was because last time there was a good turnout committee couldn't deliver. She said she felt people had "lost heart." Mrs. Evans asked who would take over activities of committee and Mr. Meyer said that public meetings would still. be held, that city would still go to neighborhoods and advertise in the newspaper, "hn only difference would be there would not be another group in between like this committee. Mrs. Evans sug- gested putting the committee in limbo and recall if needed. hirs. Carstarphen said she is concerned about lack of community input, that she believes strongly in re resentation from each • section. She said she feels there should be some way to get the community involved but that it noes not have to rest with committee. hiinutas GUBQ Committea January 31, 1983 Page 3 Mrs. Wells said that she had found in other organizations that formal structure of committee Was not necessary, that citizen input could be achieved informally. Committee expressed its confidence in resent city staFF stat•, ing that proposals have been in the interest of target area. Chairperson suggested that committee recommend to the City Council that because of change of government regu~ire~nents and because o very little community involvement recently, that committee be dissolved since it is not accomplishing any- thing. She said members could still be interested citizens without necessity of being a committee. V. Recommendation to City Council. concerning previous item. Mrs. Evans moved to recommend that presentation be made to City Council for dtssolutlon of Community Development Block Grant Committee, Mrs. Carstarphen moved to amend motion to Include that an opportunity e provided for use of organized community groups when necessary for input. Mrs. Evans asked that original. motion stand. Motion died for lack of second. Mrs. Evans moved that recommendation be made to City Council to cissolve the Community Uevelopment block Grant Committee for the present time, with explanation as discussed. MoLion died for lack of second. Mrs. Carstarphen moved that the Community Development Block Grant Committee be dissolved, with a recommendation that the option be given to the staff to use already organized com- munity groups when necessary to ensure community participa- tion. Seconded by Mrs. Wells. Vote was called; Aye - Cantu, Carstarphen, Luker, Well's Nay - Evans Motion carried. Chairperson commented that commistee Is concerned about consequences of dissolving as it is a caring group but committee feels there is no point in continuing formal committee role. Meeting adjourned at 8:15 p.m. G1'rY OF uLNTON MEMOKANUUM 'i'0; Mayor and Members of the City Council FROMI Charlotte Allen, City Secretary 0ATb: April 5, 1983 SUBJEG7': Emergency Addendum Item cur 5;30 p.m. Work Session This item was requested to be added to the agenda by Council Member Chew, Appropriate backup materials are attached. Char 16tLe' Alen ca attachments t 0761.0 GARY H, KIROHOFF ATTORNEY AT LAW 2317 W, UNIVERSITY DENTON. TEXAS 70201 (817)383 2357 Metro d34-2601 April A, 1983 City of Denton Denton, Texas 76201 Ret Cancellation of. Building Restrictions 18,396 acres, T, M. DOWNING SURVEY, ABSTRACT 396 (East McKinney) Gentlement Please consider this my request for a special emergency hearing on a proposed cancellation of certain Building Re- strictions which apply to the captioned property, The City of Denton is the owner of a tract of 11,821 acres immediately East of the subject property (see sketch), and such tract is a part of the original 60+ acre tract which was restrictoa in 1.955, A copy of such restrictions is enclosed. The subject property is now zoned MF-1, but the re- strictions would prohibit all but single family housing. I have enclosed a copy of the proposed Cancellation of Restrictions which I would like to have approved for signature. 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'Q h d ~ ~ 1~. ~4 g j~ F 4t t ~ S i ~ ~ ~i r' i~`, ~ i, ~f P g ~u tf 11 ~ ~ r~ ~ 1 ~ ~ .1 I~ r 4 p li u ~ q la ~ .C •.h .I f , I 1'f ~ '.A P T I~ ~1 M f♦ ~ ~ t+' O i,4 ' i, ~ »7RR~~Yj P r1 ~i '1 ~ ~ LL gyp ~1 . . y r~' ~ ry ~ ~ tl H c` ~ 71 Sa tit ; ► t~ N ,,r AI;` ~ ;~yi n fff t rrlMff C~ 4~ tt ~ ~ ~ , ~ ~ U ~ ~ a 11 t ~a yyqq g ,n{I 7r },N W P, Z ♦ ~i a 8 15 , 7j a ,S x r~ R~ ~1 .y. j t.', 11 ja dH ~ `p~ ' 11 '7 t~ y ~ I i n rM+}il • r. 1„ , r q rly.,l~ - ,Lcyi.+ a ;JP~."}R; , r •~fi r 1 i a i v a tv tr A y 1. S: r l ~j{ `~ti a~9 t&kdPalR1 Y+A~i nihl~ t 4th ;t t'N~k•ir F4{,lt e'" V W.r l i' t•> F vr~yK l tit•d~iW Ott tl ~ df Jig. AGENDA DIUC ENCY ADDENDUM City of Denton City Council April 5, 1983 5:30 P.M. i, Approval of cancellation of building restrictions on 18,396 acres, M. DOWNING SUKVLY, ABST'ARAG,r 346 (Last McKinney) 0760c, AGENDA CITY o DENTON CITY COUNCIL April 5, 1983 Public Hearing of the City of Denton City Council on Tuesday, April 5, 1983, at 4;15 p.m, located south of }he 'T'exas Pacific - M,K,&T. Railroad, north of Highway 380 and east of Cooper Creek Road. 4;15 p.m. 1. Public Hearings A, Public Hearing to consider annexation of approximately 151,49 acres of land located south of the Texas Pacific - M. K. & T, Railroad, north of Highway 380, and east of Cooper Creek Road, (Z-1 4) (The Planning and Zoning Commission recommends approval.) Work SessS.on of the City of Denton City Council on Tuesday, April 5, 1983 at 5x30 p.m. in the Civil Defense Room of the Municipal Building at which the following items will. be considered. 5;30 p.m. 1. Receive a report from Betty McKean regarding the City of Denton's Senior Center philosophy. 2. Receive a report from the Parks Board regarding the proposed Briarcliff area park project. 3. Receive a report from the Citizen's Traffic Safety Support Commission on flashing signal lights. 4. Executive Session; A. Legal Matters Under Sec, 2(e), Art. 6252-17 V.A.1'.S. B. Real Estate Under Sec. 2(f), Art, 6252-17 V. A, 1 . C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S. D. Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. City Council Agenda April 5, 1983 Page Two Regular Meeting of the City of Denton City Council on Tuesday, April 5, 1983 at 7:00 p.m. In the City Council Chambers of the Municipal Building at which the following items will be considered, 7:00 P.M. 1. Approval of the Minutes of the Joint Meeting of the City Council and the Public Utility Board of March 10, 1983, the Regular Meeting of March 15, 1983, and the Special Called Meeting of March 22, 1983. 2. Consent Agenda: Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations, Approval of the Consent Agenda aui,horizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. A. Bids and Purchase Orders: 1. Bid # 9123 - Mobile concession trailer 2. Bid # 9124 - deters, sockets and transformers 3. Bid # 9125 - Mobile radio units 4. Hid # 9126 - SLand-off brackets 5. Bid # 9127 -'t'ruck beds and bodies 6. Bid # 9128 - Chemical insecticides and herbicides 7. Bid # 9129 - Low band mobile radios 8. Bid # 9130 - Pneumatic tube system 9. Bid # 9131 - Acoustical the 10. Bid # 9132 - Cable, cerminaLions and Cutouts If. Bid # 9136 - Concrete saw B. Replats: l.. Approval of Lhe final replat of lots 9 and 10, block 1, Northside Addition. City Council Agenda April 5, 1983 Page Three C. rontractsi 1. Approval of a contract with Jim Glass for preparation and administration of the 1983 Citizen Survey. 3. Presentation of the annual report by the Denton Chamber of commerce, 4, Appearance by repru.sentatIves of the bahal Faith of Denton, 5. Appearance by representatives of the Sigma Alpha Mu fraternity requesting to close a portion of Fry Street for the annual Fry Street fair/Spring Rennaisance. 6. Adoption of an ordinance and accompanying service plan for the purpose of annexing a tract of land consisting of approximately 456 acres located east of FM 2181 and north of Robins(,n Road. (Z-1560) (The Planning and Zoning Commission reconuntindS approval.) 7. Public Hearings, J A. This is a public hearing to consider annexation of approximately 151,49 acres of land located south of the Texas Pacific - M. K. & T. Railroad, north of Highway 380, and east of Cooper Creek Road. (Z-1564) (Ti-,e Planning and Zoning Commission recommends approval,) B. Z-1565. This is the petition of Mr. Don Pearson requesting a change in zoning from a specific use permit (S-151) for a day care center to the two familyy (2-F) classification on a parcel approximately 0.703 acre in size. The property is located along the west side of St.uarl Road beginning approximately 1100 feet north of the intersection of Stuart Road and Windsor Drive and is more particularly described as lot 4, The Village - Phase I. (The Planning and Zoning Commission recommends approval.) Adoption of an ordinance changing the zoning from a specific use permit- (S-151) for a day care center to the two family (2-F) classification on lot 41 The Village - Phase 1. C. G-1567. This is the petition of William S. [dash requesting a change in zoning from single family (SF-7) and planned development (PD-24) to the planned development (PD) Classification on an approximately 19.176 acre parcel. beginning at the northwest- corner of Stuart and Windsor and extending City Counctl Agenda April 5, 1983 Page Four Approximately 1150 feet northward and terminating approximately 2300 feet south of Aspen urive, if approved, the planned developnent (PD) will permit the following land usesa 1. Greenbelt area - on 4,026 acra:s 2, Single family (SF-7) - on 1.65 acres 3. Multi-family (MI'-R) or 4-plexes - on 5.0 acres presently zoned single family (SF-7) 4. Two family (duplexes) - on 8.5 acres presently zoned single family (SF-7) (The Planning and Zoning Commission recommends approval,) Adoption of an ordinance changing the zoning from single family (SF-7) and planned development (VD-24) to the planned development (PD) classification on property located at the northwest corner of Stuart- and Windsor. U. Z-1568. This is the petition of H, J. and Ann Minton requestin a changge in zoning from single family (SF'-7) to the office (G~ classification on a 0,486 acre tract located at 1600 and 1608 Bernard St. and 702 Stemmons. (The Planning and Zoning Commission recommends denial.) E. 8-165. This is the petition of Mr. Allan Getz requesting a specific use permit for a mobile home park on a tract of land consisting of approximately 39.313 acres located along the east side of May Ill Road immediately north of property owned by the Andrew Corporation. (The Planning and Zoning Commission recommends approval.) Adoption of an ordinance approving a specific use permit for a mobile home park on a tract of land consisting of approximately 39,313 acres located along the east side of Mayhill Road immediately north of property owned by the Andrew Corporation. F. S-1660 't'his is the petition of R. J. Button representing Lakewood Estates requesting a specific use permit to develop and operate a mobile home park in an agricultural (A) zoning district. The property totals approximately 83 acres in size and is located along the north side of Robinson Road and east of FM 2181 (Teasley Lane). (The Planning and Zoning Commission recommends approval.) Adoption of an ordinance approving a specific use permit to develop and operate a mobile home park in an agricultural (A) zoning district, The property totals approximately 83 acres in size and is located along the north side of kobinson Road and east of FM 21.81 (Teasley Lane). City Council Agenda April 5, 1983 Page Five G. 5-167. This is the petition of the Cumberland Presbyterian Children's Home requesting a specific use permit to allow expansion of the existing children's home at 1304 Bernard Street. The property is approximately 17.359 acres in size and begins at the northwest corner of Bernard and Greenlee. (The Planning and Zoning Commission reconmiend8 approval.) Adoption of an ordinance approving a specific use permit to allow expansion of the existing children's home at 1304 Bernard Street. The property is approximately 17.359 acres in size and begins at l:he northwest corner of Bernard and Greenlee. 8. Ordinances: A. Approval of an ordinance amending Appendix B - Zoning, of the Code of Ordinances of the City of Denton, Texas, 1969, as amended, by deleting in the appendix illustration thereto the exception to the required side yard for accessory buildings where a fire wall is provided on the lot line, and providing for an effective date. ('The Planning and Zoning Commission recommends approval..) B. Approval of an ordinance amending Article 18 of Appendix B - Zoning of the Code of ordinances of the City of Denton, Texas, 1969, as amended, by deleting therefrom the ten (10) foot rear yard requirement- for ace sorry ibuildings, and providing for an effective date, (The b and g Commission recommends approval.) C. Approval of an ordinance approving abandonment and quitclaim of easement to Texas Power and Light Company (Grantee, J.A. Mounts). ('The Public Utility Board recommends approval.) D. Approval of an ordinance approving abandonment of an easement (Stratford Adaition). (The Public Utility Board recommends approval.) 8. Approval of an ordinance canvassing the election returns and calling a run-off election if necessary. 9. Resolutions: A. Approval of a resolution supporting legislation to increase the hotel/motel occupancy tax from 40 to W. 10. Consider final payment to Moore Construction Company for Northridge drainage. City Council Agenda April 5, 1983 Page Six 11. Approval of a lease agreement with Ray Testa for office space rental in the Airport terminal building. (The Airport Advisory Board recommends approval,) 12, Consider the request of Ms. Darles Watson for a curb cut on Carroll Boulevard, 13, Approval of a contract with David M. Griffith to complete the indirect cost allocation for 1982-83, 14. Consider approval of Change orders #2 and #3. C-48-1188 Contract 'A" and Change Orders #3 and #4 Contract "C", Interceptor Sewers-Section 2, for Cullum Construction Company and Freese and Nichols, Incorporated, (`The Public Utility board recommends approval.) 15. Consider approval of Change Order #12, C-48-1188-03, Wastewater Treatment Plant, from Gracon Construction Company and Freese and Nichols, Incorporated, (The Public Utility Board recommends approval.) 1.6. Consider Change Order #2, C-48-1188-13, Hickory Creek (.iEt Station for Red River Construction Company, (The Public Utility board recommends approval.) 17. Approve request for quitclaim of two alleys located in block 1 and block 2, Railroad Addition. (Q-49) (The Plannin and Zoning Commission recommends approval,) 18. Approve quitclaim of 0.0434 acre strip of right-of-way located along the west side of Teasley Lane at the intersection of Teasley and Londonderry, (Q-56) (The Planning and Zonini Commission recommends approval.) 19. Receive a report on the 1983 Legislative session. 20. Discussion on the selection of auditors to perform the fiscal year 1982-83 audit, 21. official Action on Executive Session Items; A. Legal !Matters B. Real Estate C. Personnel u, Board Appointments 22. Oath of Office administered to newly elected Council Members. 23. New Business; This item provides a section for Council Members to suggest items for future agendas, 07510 MEMORANDUM DATE; March 29, 1983 T0; Mayor and City Council FROM; Charles Watkins, Senior Planner UBJECT; Field Hearing for Proposed Annexation (Z-1564) To arrive at the public hearin site on schedule will require departure from City Ha 1 at 4;00 p,m, on April 51 1983, CW;cs CITY COUNCIL AGRNDA BACK-UP SUMMARY SHEET Meeting Date, April 5, 1983 City Council Agenda Item # Subject; This is a public hearing to consider annexation of approximatelyy 151,49 acres of land located south of tk,e Texas Pacific - MK&T Railroad, north of Highway 380, and east of Cooper Creek Road, (G-1564) Summary; The City Council advised the staff to begin the annexation process on the above captioned tract of land as a result of a proposed mobile home devel- opment on 13.5 acres of this property. The proposed mobile home development will consist of approximately 80 units with two tracts reserved for commercial use, The site is proposed for city water and sewer service, The balance of the land consists of four (4) occupied houses, seven (7) mobile homes, a mobile home park with 20 mobile homes, Harwell's Lawn and Garden, Boyd's Welding, an upholstery shop, Melotex Greenhouses, pasture, and open space, The existin,,; mobile home park on thn north side of Fish Trap Road is espe- cially noteworthy in that it is not on city water or sewer which in this case possibly constitutes a health hazard due to the density and use of septic syystems. Additionally, this mobile home park is the scene of numerous calls responded to by the Sheriff's office which would be a city responsibility if annexed, Existing land uses in this area would be required to seek and receive appropriate zoning prior to expansion if the area is annexed into the city, City Council Rack-Up Apxi1 5, 1983 Z-1564 Page 2 Summary Cont: Accordin to the 1980 oensus the popu- lation o~ the area proposed for annexa, tion is 110. The purpose of the annexation is to' insure that future development ill this area complies with city standards. Action Required: No action required, Alternatives: 1. 'l'ake no action, 2. Disapprove annexation, 3. Table for future consideration. 4. Reduce the area to be annexed, Recommendation: The Planning and Zoning Commission recommends approval by a vote of 7-0. Exhibits; 1, Service plan 2. Map 3, Letters from Fire and Police 4. Pro erty owner list 5. Reply form total. 6, Planning and Zoning Conunission minutes of meeting of March 23, 1983, aA Z_ - Charles Watkins, Senior Planner i PLAN OF SERVICE FOR ANNEXED AREA CITY OF DENTON TEXAS WHEREAS, Article 070a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; Section 1, pursuant to the provisions of Article 070a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service; I, Basic Service Plan A, Police (1) Patrolling, radio responses to calls, And other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and 'traffic standards, B, Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation, C, Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 13,06 of appendix A of the code of the City of Denton, Texas, D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 13,06 of appendix A of the code of the City of Denton, Texas, E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation, service Plan Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc,) the effective date of annexation, will begin on (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation, (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city, G, Inspection Services (1) Any inspection services now provided by the city (building) electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation, H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date Qf annexation, City planning will thereafter encompass the annexed area, 1. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J, Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation, The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city, K, Electric Distribution (1) The city recommends the use of City of Denton .for electric power. r SeryiQe Plan Annexed Areas Page three L, Miscellaneous (1) Street name signs where needed will be installed within approximately a months after the effective date of annexation, II, Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly, The Plan is prioritized by such policy guide- lines as: (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities, (2) Impact on the balanced growth policy of the city, (3) Impact on overall city economics, The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. 1! r 5 1`{ i ,fir ' •i,,' ,~1~•M (ia4 , 4>•:~,' # ~k,. •,1~~ ~AY~11"1 li +r,+,'' ~ 1f, r~. n7 a,. ' ` 'rr G.' X5,1 r ( . ~,9'''.; if.T S'l W HM,v.• tit ~ IlR•,'•'1' w~p r • + ♦ O a1. r ~`~M ..c ~,i•aa V a/±~7`.~A',, 1/; r r' 1 i t , it , ~ r •.Y P .1~,.1 rT is 1 `~y' . V, V4 4t I 1-4 t ,a /~1 rt v i r p ~ w• i!'' 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'.s' i a.• .sr~ 'vi -rv ,11' t~y2;'' tr d 44. ~a~ f H j,} Rl • } J r v 680 "d U'S 1'.d ' 'y s S ~..ly "r ,1 ' ~~ry•~••'.~' I . 11.1. i ^ 1• j t y rl ~ ltta ~ ♦ r a P, tq~4 e r P 1T , , ~ iyJr ~.1 i ~ ~ ~ t'lrr ~,MV'•l~ 1.~ a',' ~ ,~lAr ,a a.~ ''A~ ) '~tiv !':1t-` ~ . . I"!''1!i la 1^~l 1'~•~~~+, ~;,YI ~ s yy ~ i GIA~.' wk '1'' L..Jr. tai, • ' +5, v 1 ' lja~ f,. . r ' a t.• !a,A:r ~NGhs r Umit ' , J 1. w n`.' y. i 'v Sd .I.. SI.~; ~1 ~'Ar +.Ry~ I. '.}r 1' ` R~J.`'i •rQi,=' 1 i~•ti•• p LLI , ` . lylil4^'l.+.iV.~~~_ ~s~1.,1p~i.tt~~ I~'' .~R.~ ,a ~A4~5)'~+iyyc~fJ7 a. ~hY; 1rA ••a..Y` - .`~~;'~•1 y , • r , 0 r'nt 1 r r, ~iY.r' 1f . y{[ 64 l 1♦t`r t j 1' "M 10 MEMORANDUM DATE: March 3, 1983 TO: Hugh Lynch, Police Chitf ( :Jack Gentry, Fire Chief ~ FROM: Charles Watkins, Senior Planner SUBJFCTs Proposed Annexation Once again x am asking for your comments'on a proposed annexation consisting of approximately'150 acres of land locsited between Mingo Road and Highway 386 as shown on the attached map, CW:cs Enclosure _.....-~...~.~..~o..,.,.~. ..-~~.....-~..r.... .....rzwr....wrnv.n,....crv'm.vswa•..nsrvan r+ .v°...rn,rn..x: ^'+z's; Lip _ «.,«r.~r.i~:.a«... .I... r.. ~ CITY OF DENTON MEMORANDUM TOi Charles Watkins, senior Planner F'ROMi Hugh Lynch, Chief of. Police SUBJLCri Proposed Annexation DATEi March 7, 1983 The area proposed for artnexntion between Mingo Road and U.S. 380 contains a mobile home park and several residences that will warrant police service. 'rho mobile home park is of concern to us, as we know that the sheriff's office responde to calls there quite frequently. If annexed, we will assume this responsibility which will increase our workload, our manpower is already stretched too thin to adequately cover the City, and this addi- tional annexation will further w-:aken our coverage. Regardless of the outcome of the proposed annexation, we will continue to provide police service to all areas of the City as effectively as time and manpower will allow. 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PROPLHT Y OWIER I2 PLY FORMS CITY COUNCIL Z-1564 IN N OPPOSITION UNDECIDED None Received None Received None Received Minutes Plannin and Zoning Commission March 21, 1983 Page 6 D, Approve the proposed annexation of approximately 151,49 acres of land located south of the Texas Pacific - MK&T 10ilroad, north of Highway 380, and east of Cooper Creek (UNAPPROVED) Road, (Z-1564) Mr, Watkins outlined area proposed for annexation and explained that purpose of annexation is to control proposed mobile home park and other develo4pment in the area. He said that if development of mobile home park occurs, water and sewer will be brought into the area; that possibly water and sewer could be carried to an existing mobile home park in the area. He continued that code enforcement and zoning would also be beneficial, to the area and staff recommends approval of annexation of the 151,49 acres. Mr. Claiborne moved to recommend annexation of the 151.49 acres of land, Seconded by Mr. Eseue and unanimously carried. (7-0) I ~ !T CITY of vamrom IrEXAS MUNICIPAL BUILDING / DEN TON, TEXAS 76201 / TEi.EPNONE (817) 566.8100 MEMO RAN D U M TO: Betty McKean, Assistant City binnager FROM: Steve Brinkman, Director, Parks & Recreation Department DATE: March 8, 1983 SUBJECT: Senior Center Philosophy We have run rho enclosed philosophy of operations for the Senior Citizen Center by both the Senior Citizen Advisory Hoard and the Parks and Recreation Board, as well as R,S,V,P,, SPAN and the Center For Studies In Aging. The statement is comprehensive enough to cover n multitude of services and yet specific enough to set certain parameters for operati.cn, We reel this represents a consensus of opinion within the connnunity. Steve Brinkman,- Director Parks & Recreation Department PARKS AND RECREATION DEPARTMENT / 817, 5668170 C!r'Y of DENrON, 1"EXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 TELEPtmE (3!7) w-8200 STATEMENT OF PHILOSOPHY FOR OPERATIONS OF THE SENIOR CENTER The Senior Cenier is a multi-prupose service center which provides for the needs of the senior adult. The center will provide a comprehensive program of leisure and social services in a continuing attempt to meet these needs, To provide this program the City will work closely with the seniors, other agencies and the general public in an attempt to continually upgrade and expand services. PARKS AND RECREAVON DEPARTMi.111 817 387.6% 5608270 II ClrYal ORWON, TEXAS +W,IrICWAL BUILDING DENTON, rrXAS 762or T LE P,tiI);r_ I I"i O I'' D ' N COIN ?A', KS :1:ill ,t'il;al:.1TE0;J 30ARD MEENN6 lh;}11S(?tS :'!:I:S,:fl; :'like I;dmubeII, Chairinii Ronnie R,)bores, t;u-Chairln;In 1,Ane MaLone John PrsveLLe L inn i'3 :'IeA lams o'U AF ~ICE:ti.ie?V@ 3 L'1nki1an ~1r!3 J1 ~Ir`r:5 a tie'.c!C1)n J:., .JJ LII"JO L'tl I . )!J G T I;v.. lJ ')!::.'BR: Wild n1e?Lin•~ '.J..13 -Jtl, ld L) ol:~Atr ')y Nike 1..u11uI' LI :'h.lir:a.ia Li. AP';OVAL OF TUr :'IINUl"i,5. -)1l .3 moCn o L Johtl rrcl V@ILa :i dc nc! oC J3ntl 1LI I.n lC11 e' :u 'I.IL^9 41C LJb?r mov C11 1i,' 'de re app rJVB':I IS 14r LLC?11. NEW, d. Phi Lo~opil;r Oi Seni;r C:~IIr^..r Since C{11s ;7tlb)e'JC iltid Jt]F?n C{Lti i; l18 ndt{ sL 3 pr2vLwili :1!.11 )IIIV ;1 eow ramanY .i On th. ? phil-mopEIV of clt.? StmlLJC I.311COV, B OIIL1.J:1L;1'l 1'.,"li T L11e more Lhe sen Lo r3 W,e r? LnVOI'/.?I{ Lil LheLr 71'1!1L11 el D'_'CIcCV LL L5. r1s all d'xavlp I2 ')C :MS '!le 11L2'a Chc' I'll L5 Ls (1 p1''? C'31'1 1;;3AL i L.IC ih, Lp?ti Co 7,9L JCL Lht? yt'JUtld rin'4 El U1') Lll,'V .tl :IGI III[I;.`tiL _:VL 1..!i: J: ~ilC .ilLl?C'3. :1• li L'. L;.:?1l n'.. !C ibLl 'i~?Oll 1J~?.. ,f ~_'_)1l _f1;? c~?aL... Sovembe r 29 , WK Page!- 5, Iln,u•d Dutias y ftas{)~)nsibiiir.ias It was Inept ).•J11t:d th,lt ,'le .9,ulua l ~A :'r )c l+IUi'e?5 ; )r tho -inti dl'l'e Ut 1J1} 6oal'd }la(I booll 'iL_ACIN 11d :IC L•2l1 .;Ch IC Cho A Ig.15C IIwQc llll,. ')Ut :tovo .Sl~l W,Inl: CJ rumllllt, each mambt?t' JC t.'ii 3 o.kvi if Chdt'e 'drib J•f~.ILr LJ11a~ in:JrmuCioll they cnigh Nish to have Io s 'L ;li,n ow io, h•' V v:.i 'Jc rota ,711 glad c) ?rUvido thiA. .I. A;i invitation Cvom Susan Eaves, Exacutive Director ,)C 1'RAPS, to atto!!'j U Ivk Soit]Loar" )II Friday, tmCL'wbdl' 3. L11 ArIi11"CU11, 'J-is 11 t ? C1I 7U it no lT* t. S Cevo e+1LU ha J Lang C J :.?tl ~.t 1110 v'UI1 i j .1 :1 i0t' ll:, )C Cllr: . Jtovt? I1.J') 5r•?:i'`.n C•'.1 illy) t;itl Jll` tht`. ,i•'` it i mo::lbc t'3 C: Cilt? PaL'dd Itlt) \eCVdI -.L !I ~.'E)IL'C; :'IIt 13 l r Ls t:nai .)rICL;% C) 'J J. .}t!tU )U JN '.1 r. 3Cd'!N d ;I:J It1e. )JOURN i!1 :l ."1Vt LJfI )L Jatle 1:a iUlle, at'CUlld ~)C .1J Iltl L-3 ~!`b.3 CL.i, ~hd I:1tL.!Clil~ '.v a:i 7 ~jf 71,1: gdrt. r i CXTY OF DENTON 6. MEMORANDUM DATE OF MEETIN0 i April 5, 1983 SUSJECTi Receive report from Parks Board regarding the proposed Briarcliff area park project. SUMMARY r Briarcliff residents have requested that the City ]ease a portion of land from the State School for use as a neighborhood park, FISCAL SUMMARYi Sae attached report, ACZXON REQUIRED: No action necessary at this time. ALTERNATIVES r N/A STAFF REf,OMMEDATION1 N/A CXHIs ITS 1 1) Report Mi.nutcs Di ctor i i _I CITY of DENTON, TEXAS MUNICIPAL BUILDJNG / DEN TON, TEXAS 76201 / TELEPNON6 (817) 566 -8200 H E M 0 R A N 1) U M TO: C, Chris Hartung, City Manager FROMt Betty McKean, Assistant City Manager DATE: March 30, 1983 SUBJECT: Briarcliff Request The Park Board received a staff report on March 28, 1983 regarding the Briarcliff Park proposal, After reviewing the details and associated cost factors the Park. Board recommended that the possibility of donations be explored to defer as much of the total development cost as possible, It was suggested that these donations should be solicited by Parks and Recreation staff, Briarcliff residents and other interested individuals, After donations for development have been confirmed the Park Board will make a formal recommendation to Council on how to proceed with the project. it was felt that the legal process should ountinue so that it will be near completion when a recommendation is made. Those iaho were present at the meeting felt the general design of the proposed park was acceptable and that the ten acre tract allowed for a park that would be attractive to all residents of the neighborhood, Mr, Hollis at the State School has seen and approved the design and has been very helpful and cooperative with this project, lie and Bob Tickner of Parks staff will be laying out the boundary limits of the proposed park next Wednesday and a survey of the area will then be completed. Attached is a staff project report that the Park Board received which details the projected development and maintenance costs as we11 as presenting some of the alternatives available. This item will be discussed at the April 5, 1983 workshop session by Council, Two members of the Parks Board will present a status report on the project at that meeting, Betty McKean, Assistant City ;E er PARKS AND RECREATION DEPARTMENT / 817-566-8270 BRL,IRCL.IFF PROJECT REPORT co?fP(, j: .m m,: itave 3rinkarul, Director .11' Park, :111d Recreation - Sob rLckilel', Sunerintelldent .lr par<;; ';1C:b:GROU4p I'l:!Ilir_Jtt':1 rliclC file ueidents of the Bri:lrcliff arkm of DemLoti have ?ack'i it 16 Rucreation Board Coco million d co CoI,Itic[ 1 that d nm'k )o loveluped itl their _IrO:l. Llle Use Or the State School propart;' !Jan' :itll;}tC"i Ct?d C ill ,ltietlUlRd :~C3Cd`~Z LLk8JSQ _i rr'3S1hemellt Can bl' wockod out tJith t1C iau 3 l'tiQUCd Celli the Park's Etnd i~oC C'eat ion st;ltt CO rese:11'Uil ehe lo'y'Il Inti it itll CO(1C BrIli in Vi)LVeti ;ltld to C'(3 pUt't b,l.:k tJ C`le lfl `tl PH II.OSOplly It is the philosophy of the Pirks .lnti Recreatieln Dvj);t('tmeltt t,! bu pro packs but: also we maint;An that clar:S Within Llie City )I' Dt-own mitst C~1II 'iJith.iil :III e?':erall plan for growcij LII the Clt,, In Chu .11), l' UC ;L L'Ima' master 7.L'an it becomes more dittic',lit to )tuige the .9LIi Ulbiiit': OC ~t certain piece of land anti hold it will fit into our imrk :,vstem. PO!iIr VE i?F ViIS PROPOSAL. iatld t?itt- Cons iderad tVr this prlr~: i.E )bint?.1 Clli.' .i t'dCd School ano the!J arE :1 F:;!1 c0St, Thera WOULd bo no cost col dcqu iL _ land. The neighborhood 'nab iudti:al L' !l d0Sir12 tar :Ile ,nrk Ind hIS atso indi sated Li tJii tin~ne:; _o help '.a(th -he 1evcto[ment or the :]red. 3. There are no pi _IbILe parks in the immediate :lre;l of this deve- les PLCI'k ill South rid'?tE is the cLose';c park loptllt?nC, )l)C Ski to this neighborhood, EG?. P:"r ASPECTS OF PHIS PROPOSAL I . Cost o( devvlopmellt. This is not l.ll fur `U I'I'eltt FkCA ( "CAI' burl" ~t. 2. Cost ':f maintenance tar this property is not currently ill rut' bud :~it Ina wi.tt itlost certainl'.' 1)e ;,Ill 0f}q'7 ~il'y' cost I 3. This additional acreage '.dill Iaean Added Wear and Lear on our Ares e'.:It mot',1.I1Q e_yu iptnetlt antl re(",1110. ad it it 1Ul laI Ctlt2L 1nd Ctl d: Cot "'.1111 D.;.isll' r?7a it'. I3rt~tG•Gitrr 11t'oJi,ct l:epct,.~.-.~-.~A. 11:t~t, ~uTLC~rri,lc L~~~crt)xs 1, t~UBt Oi 18 V01r)I11i1,?Ilt C,~II Lef ~1P I'?4!O rFtl H dowirfJilti fi f!1e J!';lll.lhli3 to lulld some the v'illliUlnellC fI t!tlhel, If Cht? nefehbovhood wouL ' ! he l.p e,1 Ihee.p ca(, p;tr1. a.'e t (1'00. f Lit- t ? r {C 'could he Lp Co red LIeQ .fur t iglu shunt to t r.tsh t'elluW; ct L f )'()In Cho -;1.te, 3, If the noighbot'hooli !4011[l Bet up it "Pavk Viitch" tiIrOlil) (C ',Jtlllld help to nuLd :lown our repair costs due to :'andalism, (.MNS1'RUCTIOIN COSTS' "encittg (131}0 ;~tj ;,:)l,It P.3 ing Aro:l ; 11) P1aygrounu Cquipmonz -„1)Il1) Fm 11f{aI.J Bae:kstol' I , 51)11 Picnic 7abLes ,)t)) Sins 20 17) InstraLlation of. Equtpme.nt )1)9 f': tai Consy tion l,0U1) O1'ERITiON/~Ir1INTG;fANCE COSTS Nw{rt , ("-OI) ht's.) Qt11l,~Va.L ~ 7l} hr.i . ! ~apair i 100 hr:i,) "`t) gin' 16 ^l l a L r' 1~ e T t 1 . _ ~ ' Gltlipment NeUait 10 Fue l I :rash Bags :tnci Cana L31) l', 'a1 ';ainta!t nl, (i, L3S ALT E'R-NAT 11.1 ES L, Do nut rrovi,_a 1 ;.ulr C t:1i: site, Vic, te arty trap irt::t., to Denton ':haC it, '1J: havp ac-''?33 to ;l ll2{.111}7JC'1}p~1r] park, 3educc :he :1m,1',i! C It ~.utl:1 F~8 {tl'y~ C!:Il:i{tl@r,?d, Thii !viLIL t aIlCt1 tho cost but wC '.L aL„,o a!, ~;'Iina to a number ac tit :k? OOH- e 3. Provide r"ending for the -sat icenanc:a and deveLopme!1 the i acres being, cons{de red. Provide for Jove 1PT-"tae!"L il`ti C5 but have the Pnrks I11t: iolt Department C@lltt i.8 mainte'nan1:e L?sts 01:i elt'18 C.' CU PIla1?LB `tlu P; 'J maintaitl arEa. :i1"/~': 'in,!!!C :I15 .tC,1 i1:1C .fit Rriarcllf'f Projoct Rap„rt Page 3 ALTERNATIVES Qunt'dl and Recreation. Papnrtment roducu ma intenon:u costs alsowhere to enable this area t) be maintained. 5. Rupe to cover development aoyts with Jon.ati on5 and provide for maintenance costs, Cover .1evaiopment costs through ionations and airy finds and provide for maintenance costs. STAFF R£COMEXDAT 10V If it is the desire of the ;Araks and Recreation Board And Council to accomodnte the request `!,r i par!,; ::n the Briarcliff lren Ne, wu h] recommend that . 1. jonations A explored :o generato development funny, It donations do not compLetely fund the Avelopment that other funds he located to rand the hcasic nsyentiais. 3. Finds be provided to the Vepartm6nt for :ho ongoing maintoninno, of the area, ie no fund: are proviloa we will need to reduce the bowing of our parka each 'W'eek by ice hours spent on this nelw area. f?~er-.tll it will cause us ;a W! S,KWO in our mow- ing schedule by nearly one-hail i lay ?or ~eek. I Ir, ll' 0- 4 ' V) J;1 r {{lei ~t rSirfc1 101,1 r' ~,f l.a. l ~ ♦ 1' I •.J ~ to flu U ~ I~ l11 (3RI 0 1-1rc~tI u R I V C 1'r 13 I 111 10 11 a c, 5 t3 3 a i ytr.~xa-r+.f,.~ -r.ro r -~.r+t..r.r.,..,., d•n;y1\a 1•r 9'.1 1,) or yo r r r,r r l xa r,• r i /•x rKx r` i~r „ / f r~rdc l'L yen yr i.nt V I i I • auJcllc li;•,,,, ' i 4, ~l r ~ 1 f r ~ i Gott S .Trnr'~ J'1 !'ring. ~ \ ..l , ~ I i1 i C y r Sr1+Huoir'~~ tIUSiO \ ~ Pot] l ~t e D¢ nTu n SIA10 Sclitit,l Prb1~8rTy ~^CI ~ C I T tiY 'yy. ~X tJ + 1 OF , r `t I 7~-R7'riY-,`•~e-~rY-•e-;y: x•Y-•1•, w-e-r-r-+-r»+•[i'ii r r~ ~Eaftin9 Pent/;- ~ i! PARKS AND RECREATION DEPT, drier~J~i(f PnrK SUET UENT0%, I:\AS DRAWN 11% f)k' 1 I { MY of DENTON, rffxa$ klUNICIPAL BUILDING " DENTON, TP..YAS 76201 T1;LFPN0NE isl7! 'ai-3200 CITY OF MITON PAMS AIND RECREATION BOARD ?ILETIi1G MONDAY, MARCH : S, 1983 3:30 P.X. SISNloix (,'ENTER ?Ir,MBERS PRF.3ENIT Hike Campbell, Chairman Ronnie Robart3, Co-Chairman Lannie McAdams Jane Malone John Travelle STAFF ?RESENT: Steve Brinkman, DiraCtor, Parks 5 ;~~creation Jo 4illborn, Senior SeCr~!tary GUESTS PRESENT: 3riarcliif Residents I. }LEETI2iG CALLED TO ORDER: 111e meeting was called to order by ;like Campbell, Chairm..i-,. II. APPROVAL OF ;II ?LUTES On a motion of Ronnie Roberts, 3econd of Jane Ma Low:, the minute:, of the February 23, 1983 meeting were approved. LII. ')I.D BUSINESS: GLiNI-1911CUFF PROPr)SAL: A general overview of the site plan and a report was given 'vy Steve Brink,-,IA.-. lie praised the State School for their cooperation and nentioned rh:.it donations ::,r the development would probably be a good starting point. Briarclirf residents mentioned that they had been in contact w. th some hu ..asses aLready and they have many taat are interested. ALL they ntaed "are a liSt JC 3:a-iric items and costs that thay can show to them. It was also mentioned that a ".;ener;. concract,)r 1.4110 Lives in the area may be able t, donate hi3 CLlnf! ',Jtti: tha of of the items. PARKS ANC RE:'REAIION DEC1APTI,IEN'r 917. $66.8270 - - ki n li~.ir~ tlaak .IinUC y Parks ~ P.acrua > > ~ n ~ e March 28, 198:1 Pale dike CampLalt shared a letter from Ray Stephens which said that, R. J. Button of Lakefield Estates has pledged $500,00 for equipment and that the Andrew Oorpovation was possibly interested in a donation The agreement between the State School and the City was discussed and it was suggested that the City should still pursue the agreement so that whan the H naueial concerns are answered wo will be ready to move fairly quickly. Lt wait the feeling of the Board that a solicitation program should be attempted first and that the rns its of that be broeighr back to the Boar:l by the next meeting. The Board would then look over the donations pledged and make -a formal recommendation to Council on the project, J Ronnie Roberts and John Travelle volunteored to be at tho Coun& L wocksn e Ij mueting an April 5, 1983, to discuss the status of this project, IV: NEW BUSINESS A, WALKII JOCCIN4 TRACK AT CIVIC CENTER PARK Steve explained the plan of the walking/jogging track which would be one-:gal: mile Long, and five feet in width, with an approximate cost of 512,000 to Westgate hospital has volunteered to donate A tuess stations, which ire valued at $5,000. This tract would go through the Civic Center Park, around the pool to Withers Street and would be of asphalt, and would have benches along the trac.:. After some discussion on this, Stave will brim; a map of Lhe track to the next neeting, 3. IRVING ROUNDEIR PROGR-kX Steve explained a program that [vying, Texas has whereby the people round out their utility bills to the next dollar, and the extra money goes into a ?err, Trust Fund, ;alter some discussion on this it was uyreed that the idea was a ;you zne, but the timing was wrong, with adjustments in the Denton utilities coming up and the summer utility bills are always higher i;. PARK TOUR DATE The date of the l'ark's tour will be June 13, 1983. D. CONTRACT BETWEEN DENTON INDEPENDEN': 3CROOL DISTRICT AND CITY ON JOINT USE OF FACILITIES Steve, presented each Board member With a copy of a Draft Agreement. 3etwe en I'he Denton Independant School District And the City Of Denton On Joint lase Of Facilities, 'Chic was discussed and the Board was in agreumeut th;ak they .approved the principle and general form of thi:i contract. Linnie McAdams asked for the minutes to so state that we need to continually review this contract and be kn.t up to date on what is happening on this. V. OTHER BUSINESS Each Board member was presented an tinnounzinint news r: lease? of the hlriny r aC & Vavt'ec;t to;i 11o:tt'J ~lac~i my `linuc~se March 28, 1983 Page °3- of Anice Martin as 3e0or Cenvar supervisor, Ma, Martin will assume her ducins on April 11, 1983, VI; ADJOURN On a 'notion of Ronnie ltooares, aecond of One Malone the meeting was adjourned, 1 I61i~ 0/rYofDENrON,'r XAS MUNICIPAL BOILOING ! DENTON, TEXAS 76201 ! TELEPHONE (317) 566.8100 Offrce of the City Manager MEMORANDUM T0; C. J. Taylor, City Attorney FROM; G, Chris Hartung, City Manager DATE: March 25, 1983 SUBJECT: REQUEST FOR LEGAL OPINION PROPOSED BRInRCLIFF PARK At the City Council meeting of )larch 15, 1983, the Council requested informatin regarding the City's legal position in leasing land from the state. This is it regard to a request by the Briarcliff area residents to lease land from the State School for a neighborhood park, Does the state law allow for this, and if so, what restrictions would the City need to consider? The City Council has asked that a report be given at their next mee~ing on April 5, 1983, Chris artung, City Manager GCH:vvw , CITY OF DENTON, TEXAS OFFICE OF THE CITY ATTORNEY Ct MEMORANDUM C.J. Tayylor, Jr,, City Attorney Joe D. Uorris, As413tant City Attorney Robert B. Hunter, Assistant Cite Attorney DATE: biarch 31, 1983 T0: G. Chris Hartung) City Manager Mayor & City council FROM: C. J. Taylor, Jr., City Attorney SUBJECT: Lease of property from the State o.= Texas for a proposed Briarcliff Park in the City of Denton. You have asked this office for an opinion on whether or not the City of Denton may lease land from the State of Texas for use as a park. The Inter,local Cooperation Act [Article 9913 (32c)) nuthorizes local go'v'ernments to contract with the State, the Federal Govornment.) and other governmental entities concerning any subject that the vocal governments are authorized by law to perform. Under this statute and other provisions of the State Code, the City can lease property for park purposes from the State and the State of Texas may enter into long term agreements with the City nf Denton, I am sure that the State will want a recapture clause if the property is needed for State purposes and the City would be liable for any injuries occurring on the property while under lease to the City. CY` C. 'S'E YLU , JR. CJTJR:js CITY 01; D[KrON MRMORANDWI TO: Mayor and Members of the Citv Council FRO\' Charlotte Allen, City Secretary DATE: March 31, 1983 SOBLIECT: Back-On for Apenda Item #1 for the 5:30 Work Session 'T'here is no writton back-un material at this timo for this ito111, The Citizen's 'T'raffic ski rety Sunnort ConmilssIoil is,II moot on Monday, Anril 1I, Any applicable writ'.en matcria.ls still handed out at tho meeting on Tuesday, 'thank vole, m a t 'I o 4 1 I I er11 c it ~f CITY COUNCIL. MINUTES March 10, 1983 0 Joint Meeting Denton Public Ur i l i 4Y Board of on eThursday, arch i 10, 1903, a t : oo p a, in the Civil Uerense Room of the Municipal Building. COUNCIL PRESENTi Mayor Stewart, Mayor Pro Tem Stephens, Council Mem.ters Barton, Hopkins, Alford, and Riddlesperger; :ity Manager, City Attorney and city secretary ABSENTi Council Member Chew due to business commitments PUB PRESENTi Board Member Herring, Cryan, Laney, Coomes anal Loveless; Utility Diroctor 1. The Council and Public Utility board conslderan an " ordnance authorizing t%3) Issuance of tility syystem ra~+*nue of ucertain bond, s of i Denton water resolution and tl sewer re andnelectriciea stain revenue bonds, and'e resolution authorizing an escrow agreement. City Manager Chris HartV.g stated that this was a program th.a the City Stall had been considering and since the market was now stale, it was an excellent time to refund bonds, Mr. Frank Meanich, First Southwest Company, reported to the and PUB on the refunding procedures, ledanieh outlined the schedules for defeasing the old utility bonds through refunding and stated that in the ,judgement of First Southwest Company, this -ould be beneficial to the city, The refunding would defaase all ' "ts associated with the issuance, would make a more saleable bond. ,nd would give the City immediate cash flow relief. First Southwest Company and the City Staff recommended approva. of the ordinance. The following ordinance was preaentedi No. 83-26 AUTHORIZING THE ISSUANCE OF CITY OF DENTON, TEXAS U'ViLITY SYSTEM REVENUE REFUNDING BONUS, SERIES 1983 Coomes motion, Cryan second to recnmmend that the Council dprToVe the ordinance and both resolutions authorizing the issuance of utility system revenue refunding, bonds, series 1483, the redemption of certain water and sewer and electric system revenue bonds, and authorizing an escrow agreement, lotion harried unanimously. Riddlesperger motion, Hopkins second to adopt the ordinance. On roll call vote Barton aye , Hopkins aye , Stephens 'aye", Ai;ord "aye", Riddfesperger °aye" and Mayor "aye". Motion carried unanimously, The Council considered a resolution directing the redemption of certain City of Denton water and sewer and electric system revenue bonds. The following resolution was presented: R E S 0 L U T 1 0 N RESOLUTION DIRECTING THE REDEMPTION OF CERTAIN CITY OF DENTON ELECTRIC SYSTEM REVENUE REFUNDING BUNDS, SERIES L978 ing City of LDenton, Texas Ci le trice SystemTeRevenueasRefunding, Bo ndse 1;1Zyy Council/t•UB Minutes Meeting of March 10, 1983 page Two Series 1978, dated July 1, 1978, uggregatIng $19,T55,OCd in prinotpal amount (the "Series ).978 Bonds'); and through 38508 in~rhe£pretnadipalramount97of $9~,000,000dandNmaturin Ion December gg1, 2007, leas than the Tendered bonds described below in and mandatory redemptions in the £amounts and one the dates oset ti.rth In Section 6 of the Ordinance authorizing the issuance of the S4.-.es 1978 bonds, at a price of par and accrued interest to the data of redemption; and WHEREAS, the City has made arrangements to purz::.cae $2,000,000 In prr~t ctpa~ amount of th? Series 1978 bonds maturi,:; an December 1, 2007 (the 'Tendered bonds') on March 29,,1983; and at least thirty (38 edardinance authorizing said bonds vidas :nat to be redeemed, Notice days of pRedemptionh(specifyinghthe serial pp pp oouma.ezs and the amount of Bonds to be redeemed) shall be published once .r a financial publication published in The City of New York, New T-rk; and WHEREAS, concurrently herewith the City Council 6168 authorized the execution and delivery of the Utility System Spa„ial Worth,+ NFund .A., Apment t Worth, Texas, he City, as the Teas andaInter FSrec lank Dallas, N.A., Dallas, Texas pursuant to which the Escrow Agent *~ll hold monies and investments provided by the City in an am,;,,nt sufficient to pay the principal of said Series 1978 bonds speci.'ied in the second recital hereof, on the respective redemption dates and to pay the principal of other outstanding Bonds of said Cite it their respective maturity dates or date of purchase by the Cit;f And to pay interest on all of said outstanding Bonds to the respe<:. ,ve redemption, maturity or purchase dates; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TBE CITY OF DENTON, TEXASc Section 1, That the City Council hereby directs at $4)025,000 of the Series 1978 Bonds maturing on December 1, 200' be called for redemption, in the amounts and on the respe.-- %,a redemption dates set forth In Exhibit A attached hereto, A; a redemption price equal to the principal amount thereof plus inta.est accrued to the date of redemption. Section 2. That the City Coun:fi on behalf of the :ity hereby exercises its option grafted in bvetion 6 of the ordin.A*•ce authorizing the Seriea 1pp978 Bonds to call for redemption on Decamwer aM t00on to the $300t000rlnc principal amount thereoferequi8red nc4 ue redeemed pursuant to the mandatory redemption provisions and fur,.-.er exorcises its option to reduce the principal amount of Series ?75 Bondv to be redeemed pursuant to the mandatory redemption provisiona thereof on the respective mandatory redemption dates In the •reaza 2003 through 2006 to the amounts shown on Exhibit. "A" by virtut of the exercise of the optional redemption of the $2 140,000 in principal amount of the Series 1978 Bonds on December L, X1002. f Fin authorizedeanuondirectedsto issue Dar Notice oof Redemptionsofhassid Bonds called for redemption pursuant to Section L to 'T'exas Amer:,-.en Bank/Fort Worth, N,A „ Fort Worth, Texas and to First btnte Bana of Denton, Denton, Texas, the places of payment of said Bonds, w,::ch notice is to be mailed, or delivered so as to be received by said banks no later than Mecch 29, 1983, and to have such nr.:ce published once, prior to March 29, 1983, in a financial publlcac;cn published in 'The City of New York, New York. city Coun0fl/PU8 Minutes Heating of March 10, 1983 Page Three Section 4, That such Series 1.978 Bonds to be recd-emed shall be preoented for redemption in ac.urdatnce with said ootla4 at a bank of payment and shell not bear interest after the Late provided for their respective redemption. Section 5, That the Notice of Redemption to be issum-: and g bliahed by the Director of Finance shall be substantially in r.he form attached hereto as Exhibit "B". The Director of Finance 1,,611 insure that the provisions of the ordinance authorizing the S-i-ies 1978 Bonds to complied with and that tale paying agent selects tl,e numbers of the Series 1978 Bonds to be called on each redeml,:ion date t'or inclusion in the Notice of Redemption. Barton motion, Hopkins second that the resolution be pasoad. Co 11 doll call vote Barton ':aye'lf Hopkins "aye"I Stephens ')aye", A~:prd aya , Riddlesperger aye and Mayor aye". Motion cuied unanimously. The Council then considered adoption of a resolution authorizimT an escrow agreement, The following resolution was presented, R E S 0 i. U T l 0 N RESOLUTION AUTHORILINQ AN ESCROW AUREEMENT AMONG THE CITY OF DENTON, 'T'EXAS, TEXAS AMERICAN BANK/FORT WORTH, N.A., +ORT WORTH, CEXAS, AND INTERFIRST BANK DALLAS, N.A., DALLAS, TEXAS WHEREAS, the Cityy of Dani.an Texas (the "City::)),jpra:i.rr.tly has outstanding revenue u ligat ona d aced on Exhibit E at .i-tied hereto (the "Refunded Bonda"); and WHEREAS, the City Council has concurrently hecewith authorized the issuance and sale of its City of Denton, 76xas Utility System Revenue Refunding bonds, Seriea 1983 (the "Refun,aing bonds") pursuant to an ordinance adopted March 10, 1983 itno "Refunding bond Ordinance") for the ppucpose of refunding, the Refunded Bonds pursuant to Article 717k, V, A.C.S., as amended; 114 WHEREAS, it is the desive of the City and the Ct:c is authorized by said Article 117k, V.A.C,S., as amended, to pLaca I.art of the pro.seds from the sale of such Refunding Bonda, togethec with other funds lawfully available therefor, in escrow to be hei and applied to the payment of the Refunded Bonds; and WHEREAS, it is specifically found and determined ~ Cityy that the refunding of the said Refunded Bonds by the of iefunding Bonds will result in the accomplishment of the p. of the refunding as set forth in Section 32 of the Rafundl.n s;r n Ordinance; and WHEREAS, the Refunding Bond Ordinance provides thuc the City will concurrently with the dolivaryy of the provides Bon.:a to the purchasers thereof deposit part of the procoads from the sl:e of the Refunding bonds Into a special escrow Lund to be he '.t in accordance with a special escrow fund agreement; and WHEREAS, $2,500,000 of the proceeds of the City's Eli-:tric System Revenue Refunding Bonds, Series 1978 (the 'Serial 1978 bonds"), constituting one series of the Refunded Bonds, waa u:jro to purchase an equal principal amount of interest bearing United ':rates Treasury Obligationa - State and Local Government Series ("'i..GS") which were credited to the raserve fund and Cho contingency funds for the Series L978 bonds, and the City hue on deposit is the City Counc'1/FUB Minutes Meeting of Maroh 10, 1983 Page Four AntQrest and sinking funds for the Refundgi Bonds and in the c4sarv run for the Water and Sewer $yatem Reiandad Bonds the amount otq 61,665,000, app upon the issuance OF th Refundin bonds and the iseharging o the lions secudq the Refunded Bons said interest and sinking funds, reserve funds, and contingency fund will no longer be required to secure the Refunded bonds, and the $2,5040.000 of $I-OS plus $765,000 out of the $1,665,000 ace to be credited, aonourrently with the delivery of the Refunding bonds, to said apeclal escrow fund, with the balance thereof 1n the amount of 5900 000 boing deposited in the Reserve Fund established for the benefit of the Refunding Bonds in the Refunding bond Ordinance, and WHEREAS, the City's obligation to rexas American dank. Fort Worth under that certain Series 1978 R+tirement Trust Agraaa,int, dated March 30, 1978 relating to the invested sinking fund established fur the benefit of the Setloo '978 Bonds is a:) be discharged crr:currently with the delivery of thi Refunding, Bonds and the net proceeds from the sale of th iecur ties therin, being $3,664,656.35 are to be made availaVo to the City, rith 11,913,792.77 of such amount to be deposited in the special escrow und; and WHEREAS, it is the dacha of the City to provide for the U ecial B8cr fund agreement required by the Refunding fond and WHEREAti, It is desirable that the special escrow fund agraement r ovidn for the investment of monies so escrowed in 1srect obligation of the United States of Asia cIc,., which must have Interest payable sad maturities of principal, a4 t1mes to Insurt the existence of monies, together with other hinds lawfully avattable therefor, sufficient to pay the principal ur redemption pcica of, and interest on the Refunded bonds as the nsme shall come dve in accordance with their terms; and WHEREAS, the Clty has made arrangements to purchase such direct obligations of the United State of America; and WHEREAS, to accomplish the refunding of the Refunded Sands, SLGS In the principal amount of $20,553,000, In addition to the $2,500,000 of SLOS described above and cash in the amount of I4,276.13k.77 are required to be credited to the special as. row und, and suoserl clone for the purchase of said SLGS have 'teen prepared and delivered to the Federal Reserve dank of 0-Alias requesting that book-entry accounts be established for the Texas American ;sank/Fort Worth, N,A., Fort Worth, Texas as escrow agent (the "Escrow Agent"); and WHEREAS, in addition to the subscriptions for the SLCS to be deposited in the special escrow fund, $1 886,600 out o, the pproceeds of the Refunding Bonds is to bo credited to the deserve Fund for the Refunding Bonds, held initially by the Escrow A.r,ent, and such amount must be invested in SLGS and aubacri tions for the purchase of said SLGS have been pre,,ared and delivered to the federal Reserve Bank of Uallaa requesting that book-entry acca>ants be established for the City with the Escrow Agent; and WHEREAS, Goldman, Sachs & Co., and Dillon, Read & Co. tac., on behalf of the City have entered into escrow agreements with the ownars of certain Refunded Honda aggregating $2,000,000 in prirr:ipal amount pursuant to which the City may purchase said tendered Fonda at the price of $1,597,340 with monies in the special escrow i.nd; and WHEREAS, Article 717k, V.A.C.S., as amended, provides :hat when the initial deposit of securities (and any uninvested money; is made with the Escrow Agent in the amount sufficient to pay the city Council/PUB 'Minutes hoetin$ of March 10, 1983 Page F1ye prineipn, of and interest on Refunded bonds at maturity or redemption, such deposit shs}l constitute the making of firm biosing and financial arrangements for the discharge and final psymea: or redemption of the Refunded bonus, and it is hereby found .not although such Refunded bonds shall continue to be obligations Ot the City, Automatioally Cho sha11 begome obligations of the ,ity secured solely by and Ayable solely from such deposit and the proceeds tharefroms and upon the making of such deposit, the Ii4: on and pledge of revenues securing the payment of all Refunded _-•:inos shall automatically terminate and be discharged and raid encambranoeo shall be of no further force or effects and alt^,c,ugh said Refunded bonds will remain outstanding, they shall be re34:dod as being outstanding only for the purpose of receiving the :finds provided by the City for their payment or rodemptioni and WHEREAS, the Escrow Agent ppessoases and is exercising full trust powers and to otherwise qualifled and eai owered to enter into the agreement authorized by this reeolutioni and WHEREAS, Goldman, Sachs S Co., on behn),f 0 the Underwriters and the City have peeper" contain schedules (a) relating to the sufficiency of the monies to be deposited wire the Escrow Agent to discharge the City's obligations with respect :a the Refunded bonds and (b) with respect to compliance by the City with the provisions of the internal Revenue Code of 1954, as amac:bed, relating to, "arbitrage bonds"i and WHEREAS, the Oity has engaged Ernst 6 Whinney to veri;x the accuracy of such schedules prepared by Goldman, Sachs & Co. ;^,a to issue a report (the "Report") setting forth such verification; ind WHEKEA5, it is the desire of the City t append the .Kd-port to the herein authorized Escrow Agrees,ant who,i the Repu:t is finalized and to utilize the scheduler contained in the Rep,:-,t as the schedules provided for in Agreements NOW THEREFORE, BE IT RESUI.VED ifY THE CITY COUNCIL. (-F THE CITY OF DENTUN, TEXASi 1. That the Mayor and the City Secretary of the City of Denton are hereby authorized and directed to execute and delilret on behalf of the City Council of the City of Denton, Texas, the l.:ty of Denton, Texas Utility System 5;,eciaL Escrow Fund Agreemen: (the "Agreement") governing the use of the monies and securities to be do sited or credited with the Escrow Agent, for the benefit the holdere of the Refunded ponds after attaching to said ASeelictnt a copy of the Report s~~ting forth the various schedules required by the Agreement, which schedules shall reflect d o some fact, and conclusions as those contained in the schedule* prepared by Co',sman, Sachs S Co. and attaciiod hereto as Exhibit B. 2, That the $'2,500,000 principal amount of SLGS cci)ited to the reserve fund and the contingency fund for the Series 1978 Bonds together with the $165,000 out of the $1,665,000 of funds released from the interest and sinking funds and reserve fuc-b for the Refunded Bonds referred to above, are hereby directed to be transferred to the credit of the special escrow fund created :y the Agreement. 3. That the City Manager is hereby authorized to Direct T.,xaa American Bank/Fort Worth, N,A„ Fort Worth, Taxes as ' escrow Agent" under that certain Series 1978 Retirement Trust Agreemtnt to liquidate the securities in the invested sinking fund the principal amount of $5,243,000 by selling said secuvic:es to Goldman, Sachs S Co. at a price equal to 77 1/4% of their par value plus accrued interest to the date of said sale, to use $2,611.502,82 of the proceeds therefrom to discharge the remaining amounts ,:,,red by City Council/Pub Minutes Flash $g of March 10, 1983 Page ix , the City to the "Eaarow Agent" under suah Agreement, including the purchaee of Cho remaining obligations required by the agreement to ba purchased from the "Eavrow Agent", being a principal amount of $2,169,000, and to then immediately sell Gala securities to Golliman, Sachs & Co. on the same terms as the previous securities. Thy new proceeds from the sale of all of said securities shall be deposited as foliowal i) $1,913,792,77 shall be deposited in the special (cut-ow fund, li) $250,000 shall be deposited in the Emergency fund established in the Refunding bond Ordinance, and iii) $1,501,063.58 shall be deposited in the Water irr-tam Construction Fund held by the City's depositary A, Thflt the form of the Aggreement which constitutes 3 part of this authorizing Resolution shnll be substantially in the form attached hereto as Exhibit A. 5. That the subscription for $LCS attached hsrec,., as Exhibit C, in the principal amount of $22,866,800 for deposit i:, the Special Escrow Fund and the Reserve Fund are horaby ratifiad and approved. Hopkins motion, Alford second that the resolution be passed. On roll call vote Barton Hopkins "aye"4 Stephens "aye a,.;;ord aye Ridolesperger aye and Mayor aye notion cs.:riad unanimously. The Council then adjourned into Executive session to discuss .egal matters, coal estate, personnel and board appointments, No of acial action on Executive Session items was taken, CRARLUTTE ALLEN, CITY CST( d727C CITY COUNCIL ;IINUTES March kk15. 1983 The council coC t a Muinto 4l war 00.g ion at 5:30 P.M. in the Civil Uejenoo Room 1, The Council received a report on the Briarcliff neighborhood park. ~Jr, Ronnie Robarts e£ the Parke and Recreation Board reported that citizens had contacted CUlhlcil Member Stephens regarding the use of an open area adjacent to the Denton state school as a neighborhood ark. Ur. Stephens had contactud Mr, Burtis Hollis of the State School and the City Manager about the proposed park site. The citizens of the Briarclifi neighborhood met with the Parks and Recreation Board at the February 28 board meeting, The board felt that there was a need for a park in this part of town and that the citizens were extremely supportive. Roberts also reported that County Commissioner Batey had stared the County would assist with leveling the land, park entrances, and other such jobs. Thu Parks and Recreation board expressed concern for the maintenance demand this would add to the Parke and Kacreatton Department which already maintains cemprories and other parks, and also the cost of equipment such as picnic tables and softball buck-stops. Mr. Roberts stated fromPthesPaBrks would a4ai on 28 questions, u report Mr. Roberts showed a map of the area with a ciagram of the proposed park site. Mayor Stewart asked how much Levaliny, would have to be done to accoomtodate a softball field. Roberts replied that no Leveling would have to be done for softball. contacted regardingpthe s usegofstha that for company picnics~ostens be Council Member Barton stated he would like to see the cost figures when they were prepared. Stephens also stated that a joint use arrangement with the Denton use c the l park could during pursued school hours fandt the tBriarcliot'f to State children could use the park after school, Stewart asked that a report be made to the Council when all of the information was available. The Council convened into Executive Session to discuss legal estate, personnel, and board appointments, No matters real official action was caken. The Council then convened into the Regular Mooting at 7:00 p.m. in the Council Chambers, PRESENT: Mayer Stewart, Mayor Pro Tom Stephens, Council Jiembers Barton, Hopkins, Riddlegerger and Chew; City Manager, City Attorney, and City Secretary ABSENT; Council Member Alford was absent as he was on vacation out of the City 1, The Council considered approval of the Minutes of the Regular Meeting of March 1, 1983. unanimoud to approve the Minutes as pia lesperger on mocarried tion, Chew American tCraft o M lJe.ek esa Houseman declaring 'rho the week r of presented 21a Proclamation th City Council Minutes Meeting of March 15, 1983 Page Two The Mayor presented a Proclamation to Mr, Clovis lorrisson declaring the week of March 27-April 2 as North Texas State University International Week. 2, Consent Agenda Hopkins motion, Barton second to approve the Consent Agenda, Motion carried unanimously. Consent Agendai At Bide and Purchase Orders 1. Bid i 9117 - 138 KV line termination switching structure 2. Bid 1 9122 - Repair water well pump 3. Purchase Order j 57184 to Ebeling Manufacturing Company in the amount of $5,LO9.72 B. Plats and Replate: 1. Approval of the final plat of the La Colind Ranch Addition. (The Planning and Zoning Commission recommends approval.) 2. Approval of the final plat of lots 1-14, block 1, Graystone Village. (The Planning and Zoning Commission recomeienda approval,) 3. Approval of the final replat of Lot 1, Triangle Addition. (The Planning and Zoning Commission recommends approval) C. Final Payments + 1. Approval of the final payment to say-DJar Construction in the amount of $20,29.50 for mill Pond and Service Center dratusge improvements, 3. ordinances A. The Council considered adoption of an ordinance and service plan annexing approximately 3,42 acres of land into the City of Denton, The property Is located approximately 500 feet northeast of the intersection of Interstate 35 and highway 77, (Z-1552) (The Planning and Zoning Commission recommends approval.) Charlie Watkins, Senior Planner, reported that this was the final action on this annexation, The following ordinance was presented; NO, 83-27 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 3.420 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING 'PART OF THE A. 14HITE SURVEY, ABSTRACT NO. 1406, DEN'TON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PRUPERT'Y; AND DECLARING AN EFFECTIVE DATE, City Council Minutes Meatin of March 15, 1983 Page Throe Riddleep@rger wotion, Hopkins second to approve the ordinance. On roll oa~ll vote Barton Well Ho pkine ' qFo", Stephens "aft", Riddlespergor "aye". Chew "aye"', d Mayor aye . Motion carried unanimously. B, Tha Council considered adoption of an ordtn.ance setting a sate, time, and place for public hearings concerning t,e proposed annexation of approximatelyy 151.49 acres of land located south of the Texas and Pacific - MK6T Railroad, north of Highwa•f 560 and east of Cooper Creak Road, and authorizing the Mayor to publish notice of such public hearings. (K-1564) Watkins reported this was the ordinance establishing April 5 at -,?5 p.m. for the on-site public hearing and April 5 at 7100 p.m, for the Council Chambers public hearing for a proposed mobile home park. The following ordinance was presentedi NO. 83-28 AN ORDINANCE SETTING A UATB, TIME ANC PLACE ON THE PRI"KSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DiN;UN0 TEXAS, AND AUTHORIZING AND DIRhCTINO THE MAYUR TO PCI:ISH NUTiCE OF SUCH PUBLIC HEARING, Hopkins motion, Chew second to approve the ordinance. On roll call vote Barton aye , Hopkins aye Stephens "aye". Riddles;arrer aye 11 , Chew aye , and Mayor aye motion carried unanimously. 4. Public hearings A. The Council considered the petition of Mr. George Hopkins representing Cauble Enterprises requesting a ehanr,a in zoning from agricultural (A) to tine couunercial (C) classiflcaticn on approximately 3.42 acres of land located approximately 501, feet northeast of the intersection of Interstate 35 and Highway 77. iThe Planning and Zoning Commission recommends approval.) Z-1552. The Mayor opened the Public Hearing. George Hopkins spoke in favor of the petition. No one spoke in opposition to the petition. The Mayor closed the Public Hearing. Watkins reported that 3 inquiries had been mailed but none :ere returned. The Council considered adoption of an ordinance chinging the zoning from agricultural (A) to commercial (C) classificati,:n. The following ordinance aas presented, \ 83-29 AN ORDINANCE. AMENDING THE ZONING MAP OF THE CITY OF DEtiTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CQiE OF OKUINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO, 69-1, AND AS SAID MAP APPLIES TU 3.359 ACRES OF LAND, r,OKE UR LESS; AND DECLAKINC AN EFFECTIVE DA'T'E. Riddlesperger motion, Stephens second to approve the ordinance, un roll call vote Barton "aye", Hopkins 'aye", Stephens "aye", Riddlesperger "aye", Chew "aye", and Mayor "aye". Motion carried unanimously. City Council Minutes Heating of Iarah 15, 14$3 Page Four 51 Resolutions A. Th0 Counoil considered adoption of a resolution authorizing the submission of an application to the Taxes Crimz nal Justice Division requesting funding for a video surveillance svstam for the new police facility. City Manager Hartung reported that this resolution would auth-:rize an application for grant assistance tram the State, 'rho following resolution was preaented, K E S U L U T I O N Iq HEREAS, it is necessary tot the Council of the City of Z,4nton to authorize the submission of an application to the Texas Crtninal Justice Division rayuw I ng funding for a Video Surveillance +rtem for the new police facility; and WHEREAS, Article 4413 (32a), V.T,C.S, was amended to enable the Criminal Justice Division of the State of Texas to allocate ;rants and administer criminal justice programs on a statewide level; ar.-d WHEREAS, the City of Denton is eligible to receive such finds and desires to protect the safet of its citizens and ate-.,era through the installation of an oft Yeetive video surveillance s?stem in its now police tacilityl NOW THEREFORE, HE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTUN, TEXAS: SECTION 1. That the City Council of the City of Denton, Texas, cor;fies that the City is eligible to receive a funding allocation frcaa the Texas Criminal Justice Division for the purchase and installaci,.,n of a Video Surveillance System in its new police facility and ceaeby authorizes the staff to submit an application for such funds, SECTION It, That the City Council hereby authorizes and directs the City Manager, or his designee, to reprosant and act on behalf of 0a City of Denton in working with the Criminal Justice Division in regard to such grant application. SE TION ill, That a copy of this Resolution shall be forwarded to thir Texas Criminal Justice Division and the North Texas Central Council of Governments, PASSED AND APPROVED this the 15th day of larch, L483. RMHAk U, STNART, m CITY OF DENTUN, TEXAS ATTEST: HARLOTTE ALLEN, CITY SEU Ek AUR CITY OF DENTUN, TEXAS APPROVED AS TO LEGAL FJRM: C. J. TAYLOR, JR., CITY ATTURNEY CITY OF DENTUN, TEXAS bY: City Council Minutes Fleetingg of March '5, 1963 Page Fivo Ba ton motion, Chew second that the Resolution >je passed. On roll call vote Barton 'aye", Hopkins 'lays", Stephens 'aye", Riddlesperger aye , Chew 'aye", and Mayor "aye". Motion carried unanimously. B. The Council considered adoption of a resolution authorizing the submission of an application to the Texas Criminal Justice Division requesting continued funding for the City's Crime Prevention Program. The following Resolution was presentedi S S 0 L -U T I 0 N WHEREAS, it is necessary for the Council of the City of Denton to authorize the submission of an application to the Texas Criminal Justicu Division requesting funding for the City's Crime Prevention Programs and WHEREAS, Article 4413 (32a), V,T.C.S, was amended to enable the Criminal Justice Division of the State of Texas to allocate grants and administer criminal justice programs on a statewide level; and WHEREAS, the City of Denton is eligible to receive such funds and desires to protect the safety and well-being of its citizens through the reduction of crimoi NOW THEREFORE, BE I'r RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, SE.cTioN I. That the City Council of the City of Uenton, Texas, certifies that the City is aligible to receive a fuming allocation from the 'texas Criminal Justice Division for the City's Crime Prevention Program and hereby authorizes the staff to submit an application for such funds. SECTION II. That the City Council hereby authorizes and directs the City Manager, or his designee, to represenL and act on behalf of the City of Uenton in working with the Criminal Justice Division in regard to such grant application, SECTION 111. That a copy of this Resolution shall be ioewarded to the 'texas Criminal Justice Division and the North Texas Central Council of Governments. PASSED AND APPROVED this the 15th day of March, 1963. 'KICHARI) U. SMART, A U CITY OF DENTON, TEXAS ATTEST: C _RA O I E ALLEN, MY SEULTARY CITY OF DENTON, 'T'EXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JK., CITY A'T'TORNEY CITY OF DENTON, TEXAS 'iY: 1 City council minutes Meotin of March 15, 1983 Page Six chow motion, Hopkins second that the Resolution be ~asaed. On roll 04,11"voChewn'iaye",'nand Mayor i'jl$ °'Motion carri1edyunaniimouslyPerger aYc' C, The Council coneldelicationadoption thef TexasCeCriminal authorizing the submission an aPp Justice ugment Dthe ivision requesting Lawdiniorfor a juvenile cament Program police officer to a Ths following Resolution was presontadi KESOLU'P ON WIiEKEAS, it is necessary for the council of the City of Denton to authorize the submission of an application to the Texas Criminal Uiv augment theiCity'a Juvenile lfawdEnforcementuPrugraml andas Officer to WILKEAS, Article 4419 (12a), V.'l',c.S, was amended to enable the andmadminister criminaali justicehprograms on asstatewidellevel; andnts WliEKk-AS, the City of Denton is asafetyeant~o d at;ei s such (uits wellbei of and desires to promote the public citizens through increasing the effectiveness of the Denton Police D°ppartmont it its law enforcement relating to juveniles, NOW TRCKEFOKE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION 1. That the City Council of the City of Denton, Texas, certifies that the City is eligible to receive a funding allocation ftom the hereby Texas augment Criminal Justice JuvenileioLawfoEnforcement eProgram nOfficer to authorizes the staff to submit an application for such funds. sLCTIUN_ 11. That the City Council, hereby authorizes and directs the City Manager, or his king with the Criminal Justice Divisionfinfragardito of Denton in working such grant applicatio.i. SECTION-11 That a copy of this Resolution shall be forwarded to thn Texas Criminal Justice Division and the North Texas Central Council of Governments. PASSED AND APPROVED this the 15th day of ;larch, 1981. 'iCH~ ARU O, ST~• A OR CITY OF DENTON, TEXAS ATTEST, LEV, , TEXAS SLt E1'AR ~ AR OOF UENTUN APPROVED AS TO LEGAL FORM; C. J, TAYLOR, JR.. CITY ATTORNEY CITY OF DENTON, TEXAS BY ; City Council Minutes Meeting of March 15, 1983 Page Seven Hopkins motion, Chew second that the Resolution be Pass-ad, on toll ca I vote narton 'aye", Hopkins 'aye Stephens 'aye', Riddleapttger aye , chew aye , and Mayor "aye". Motion carried unanimously. U. The Council considered adoption of a resole-ion authorizing the submission of an application to the Texas Criz. nal Justice Division requesting continued funding for the Crty'a Narcotic Enforcement Unit, The following Kesolution was presentedi K E 5 0 L U T 1 U N WHEREAS, it is necessary for the Council of th,v City of D,vnton to authorize the submission of an application to th,i Texas Criminal Justice Division requesting funding for the C'ty's Nacr.otic Enforcement Unit; and WHEREAS, Article 4413 (32a), V.T,C.S, was amendsd to enable the Criminal Justice Division of the State of Texas to allocate daunts and administer criminal Justice programs on a statewide level; a,r,t WHEREAS, the City of Denton is eligible to receive such ;ands and aeaires to protect the safety and well-being of its cittr.ena throwgh the reduction of the use of narcotics and nac::•tic trafficking; NOW THEKEFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the City Council of the City of Denton, Texas, eerc:fies that the City is eligible to receive a funding allocation from the 'T'exas Criminal Justice Division for the Clty'a Narcotic Enforcement Unit and hereby authorizes the staff to submit an applicatioc for such funds. SECTION ll. That the City Council hereby authorizes and directs the city Manager, or his designee, to represent and act on behalf of the City of Denton in working with the Criminal Justice Division in regard to such grant application, ,SECTION Ill. That a copy of this Resolution shall be forwarded to the "exas Criminal Justice Division and the North Texas Central Council of Governments. PASSED AND APPROVED this the 15th day of March, 1983, RICHARD O. STEI+AKT, MAYO CITY OF DENTON, TEXAS ATTEST; CHAIiC0'11T ALLEN, UITY s"ECRP.'rAKY CITY OF DENTON, TEXAS APPROVED AS TO LECAL FOKMt C. J, TAYLOR, JK., CITY ATTORNEY CITY OF DENTON, TEXAS BY; City Council Minutes Meating of Macob 0 1983 Page Right Hopkina motion, Chew second that the Resolution be Paassd. On roll aye",~oChowal ays", send Mayori'~aye"eye P lotion icarriedyunanimouslyperger E, The Council considered adoption of a resolution relating to the issuance of bonds by the North Texas Higher aeriesiof bondsiriatnd making c rptaain noindtngsi inuconnection therrewith. Authriey, Rlnc in pcesenta4e atibrriefe reports onxathe istatus dof ati the Authority which issues student loans, g students Mapplyingidfor loans rtoabeeregistered efor the d aft. require Lee Donner, Executive Director of the, North Texas Servicingg Loans. be registered Covporation, would responded qualify h for the students low interest have before Mayor Stewart appsked what was the repayment rate on the loans. Mr. Higher onded that the had Ce approximately was very d one-half national default rate, Mayor Stewart asked if the Authority granted loans to foreign students. Air. Donner stated that one of the requirements for a loan was that the applicant be a permanent resident. The following Resolution was presented; R F. S 0 L U T 1 0 N bonds of by the the City North Denton. TN the ssuance Council Texas Higher relating to the i Education Authority, Ina.; approving the issuance of one or more aeries of bonds; and making certain findings In connection therewith, WHEREAS, this governing body, requesting certain individuals to proceed to re-organize and re-eatabLish a non-profit corporation ppursuant to the Texas Non-Profit Corporation Act, for the piurpose of furChering educational opportunities of students by providng funds for the acquisition of student loans; that such has been aecom Lishea, the corporation being known as the North Texas Higher Education Authority, Inc."; and WHEREAS, the North Texas Higher Education Authority, Inc., has now a actions proceeded rniee for developmet this ~~governiga body doing to approve08thena now PP op taken; now, therefore 81; IT kESOLVE7 BY THt CITY CUUNCIL OF THE CITY OF DENTON, TEXAS: SECTION 1. This governing body Inc beon (the advised Corporkation'r), Texas that Hla Lducation Authority, uch Corporation upon approval thereof by the governing bodias of the Cities of Denton and Arlington, Texas, reposes to issue revenue bonds; that such bonds would be initially issued as one or more series pBonds the andothat) sucIn the h bonds awouldube City Council Minutea Meeting of March 15, 1983 Page Nine ppayable from and be secured by a pledge of revenues derived from or by reason of the ownership of student loan notes and investment income after deduction of such expenses for operating the loan program as may be specified by the bond resolution or trust indenture authorizing or securing such Bonds and the payment thereof. The bonds (up to the aggregate principal amount of $50,000,000) are issued to obtain funds th which to purchase Student Loan cotes which are guaranteed under the provisions of the Higher Education Act of 19651 as amended, to establish certain reserves and for the purpose of paying certain expenses, SECTION Ii. This governing body hereby approves the Issuance and delivery of such Bonds for the purposoa aforesaid, and in this connection requests that the said Corporation exercise the power enumerates and provided in Section 53.4 of the Texas Education Code; that such non-profit corporation shall, In this connection, exercise such powers for and on behalf of the City and the State of Texas, as contemplated by Section 53.47(e) of the Texas Education Code, SECTION 111. . The City does not agree to assume any responsibility in connection with the administration of this student loan prograa; it being understood this responsibility is being assumed by the Corporation, SECTION IV, It is recognized by this governing body that the Instruments which authorize t:ho issuance of bonds by the Corporation will specifically state that this City is not obligated to pay the principal or interest on the bonds proposed to be issued by the Corporation. Nothing in this Resolution shall be construed as an indication by this City that it will pay or provide for the payment of any obligations of the said Corporation whether heretofore or hereafter incurred and in this connection, attention is called to the Contitution of Texas wherein it is provided that a City may incur no indebtedness without having made provisions for its payment, and this City Council hereby specifically refuses to set aside any present or future funds, assets or money for the payment of any indebtedness or obligation of the Corporation, SECTION V. This Resolution shall be effective from and after its passage and approval. PASSED AND APPROVED, this the 15th day of March, 1983, R CITY OF DENTON, TEXAS ATTEST, CHARLOTTE ALLEN, CITY SECRETA Mr CITY OF ULM ON, TEXAS APPROVED AS TO LEGAL FORM; C. J. TAYLOR, JR., CITY ATTOKNEY CITY OF oENTON, TEXAS BY: City Council Minutes Meettng of March 15, 1983 Page Tan Riddlesperger motion, Stephens second that the Resolution be passed. On roll eallt vote Barton "ale", Hopkins "aye". Stephens aye", Riddlesperger eye", chow aye , and Mayor "aye". Motion carried unauimously, F. The Council considered adoption of a resolution authorizing the submission of a federal, grant application by the Greater Denton Arts Council. City FIunagsr Hartung stated that Me, Clovis Morrinson of the Greater Denton Arts Council had requested this resolution In support rf a grant application to the National Endowment for the Arts. The following resolution was presented; B S 0 L U T I 0 N WHEREAS, it is necessary for the Council of the City of Denton to authorize the submission of an application to tho National Endowment for the Arts for a federal grant by 'rho Greater Denton Art Council; and WHEREAS, the+ Oreater Denton Art Council is eligible to receive such grant and desires to apply for tedaral funds admintsteceo by the Test Program of Support for Local Arts Agencies; and WHEREAS, the Council is familiar with the guidelines of the test Program; and WHEREAS, The Greater Denton Art Coum-ttl desires these funds to support renovation costs of 'rho Uenton Arts Complex; NOW, THEKLF~`RE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECT'lON 1. That the City Council of the City of Denton, Texas certifies that The Greater Denton Art Council is eligible to receive a funoing allocation for the renovation coats of The Denton Arts Complex, and the staft is hereby authorized to submit an application for such funds. SECTION fi, That a copy of this Resolution shall he forwarded to the Test Program of Support for Local Arts Agencies, National Endowment for the Arts. PASSED AND APPROVED this the 15th day of March, 1983, KICUkIi 0. 8T WNf'l , MYO CITY OF DENTON. TEXAS ATTEST G A SEMIARY CITY OF DEN'TON, TEXAS ! APPROVED AS TO LEGAL FORM; C. J. TAYLOR, C1'TY ATTORNEY CITY OF DENTON, TEXAS BY; City Council Minutes Meeting of March 15, 1983 Page Eleven Riddlespergar, motion, Chew second that the Rjeolytion be peased, vn roll call vote barton 'aye", HopkLos a?e', StephBua "1pt Riddlosporger "aye", Chow "aye", and Mayor 'ayo". Motion carried unanimously, The Mayor then presented a Procla!:wtlon declaring March 20.25, 1x83 as N.A.A.C,P4 Week in Denton, Th,r Proclamation was auaepted by ^s. Jennifer Lewis, President of the h,A.A,C,P. Chapter at Texas Wce<am's University, 6, The Council received a report on Police Department video equipmeat needs, City Manager Hartung reported that a list of video equipment aa•eos had been prepared by the Police Ue at-tment after an appea.anee before the Council by the District Attorney, Hartung stated :hat the Staff was beginning preliminary budget preparations and t~,cse equipment requests would be submitted in the budget process, 7. The Council considered a change order to engineering's,.:vey landfill contract with henningson, Durham and Richardson. Assistant City Manager Kick Svehla reported that the Chenge -.-oer was to pay the difference in the estimated and actual costs of filing the final landfill papers with the State Health 0epartmer.t. 8. The Council considered revisions to Chapter 1.5, Coda of Ordinances, concerning faes and charges for admission to or, r:,-:tal of City facilities. (The Parkb and Recreation Board recommends approval.) Assistant City Manager Betty McKean stated that these changes i~ the Parks and Recreation Department fee structure had been suggosti,zo in the annual report to the Council to assist the department in becoming more self-sufficient, Council Member Stephens stated that the last time the rate structure was altered, a .loint meeting was held with the Council and the ?arks and Recreation oard and further questioned why this had not ,eon done this time. Council Member Hopkins asked why this joint meeting would be necessary, City Manager Hartung stated that, as a general policy, pint meetings had not been held. The Staff brings to the Council the Minutes of the applicable board ateeting. Hartung also stated that the Staff could do as the Council wished, Council Member KiddLespaeger asked if any attempt would be matt to serve those children who could not pay. McKean responded that provisions are made for these instances. The following ordinance was presented NO, 83,,30 AN ORDINANCE AMENDING SECTIUN 15-4.1 OF CHAPTER 15 CF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; INCRE.A.SING USER FEES FUR CERTAIN PARK AI4D RECKEATIUN FACILITIES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING ",E AN EFFECTIVE DATE. Hopkins motion, Barton to adopt the ordinance. On roll caLL vote Barton aYe , Hopkins aye , Stephens "aye", Riddlesperger "Aye", Chew "ay a', and mayor "aye", Motion carried unanimously, r City Council Minutes Meeting of Marsh 15, 198s Page Twelve 91 The Council considered revisions to Chapter 15, Code :f Ordinances, concerning rules and regulations for Park and lieereat::)r, areas. (The Parks a,.td Recreation Board recommends approval.) Assistant City Manager Harty McKean reported that these revisions ware simply to clean up the language in the existing ordinance. Council Member Chew asked it all City parks would still olossr st 10100 pall, McKean responded yea. John Travelle, member of the Parks and Recreation Board, stated :r-&t several citizens had given positive food-back to closing the ;sits at LOi00 p,m. Council Member Barton requested a change in Section 15.8 so as to read that the parks shall close at 1000 p.m4 except for dvs.nts approved or scheduled by the Parka and Recreation Department or C:ty council. The following ordinance was presontedi NO. 83-31 AN ORDINANCE AMENDING CHAPTER 15, "PARKS AND RECREATWO " uT THE CODE OF ORDINANCES OF THE CITY Of DENTON, TEXAS, '.rib, AS AMENDED BY RENQHhER1NG THE SECTIONS THERfIN1 DELZ-119G CERTAIN SECTIONS1 PROHIBITING AND REGULATING Cc.n-.kIN CONDUCT IN PARKS$ PROVIDING FOR A PENAL'T'Y IN AN AMOUNT NOT TO EXCEED TWO HUNUKED DOLLARS ($200.00)1 PROVIDINU F'.& A 9EVEKABILITY CLAUSEI AND PRUVIDINU FUR AN EFF'EC'T$YE DATE. Barton motion, Hopkins second to adopt the orofnanee with no amendment. On roll call vote Barton "aye", Hoppkins "aye"f Ste; .-ens aye , Riddlespergar "aye". Chew "aye", and Mayor aye , woan carried unanimously. 10, T'hero was no official, action on Executive Session Items A. Legal Matters B. Real Estate 0. Personnel D. board Appointmonta 11. New Business The following items of New Business were suggesteut council Member Chew requested a report from the Citizens T-.iffic Safety Support Commission on the flashing signal light at Ht_atry and Bell Avenue. Council Member Hopkins requested a report from the Citizens Tr,rffic Safety Support Coswiisuion on other flashing signal lights in toss. Barton motion, Chew second to adjourn. the meeting was anjournP at 7;57 p.m. I RICHARU U. S A T, RAT01t ZIIATIZU Tr/ L N`FN, CITY -SMIL''fUY ;145C CITY COUNCIL MINUTES March 22, 1983 The Council convened into the Special Called Meeting at 7100 p.m. in the Council Chambers. PRBSENTI Mayor Stewart, Mayor Pro Tam Stephens, Council Members Barton, Hopkins, Alford, Riddlesperger, and Chew; City Manager, City Attorney, and City Secretary ABSl:NT% None The Council considered adoption of an ordinance authoriting the sale and issuance of ;4,742,000 of general obligation bonds. Mr, Frank Medanioh, representing First Southwest Company, opened the bids for the bonds, bids were received from RepublicBank of Dallas. Underwood, Neuhaus and Company, Inc „ Cullen Bank, Salomon Brothers, Inc., and Interfirst Bank of Dallas, The Council then recessed to allow time for the bids to be tabuiata3, The Council reconvened to receive the tabu',ation. Mr. Modanich recommended that the Courtell adopt the ordinance approving the award of the bid to RepublicBank, The following ordinance was presented) 81-32 ORDINANCE AUTHOKIZING THE. ISSUANCE OF GENERAL OBLIGA TZON BUNDS Hopkins motion, Chew second to adopt the ordinance. On roll Cali vote Barton aye lHopkins aYe„ stephuns "aye„ Alford „ .+y e„ Riddlesperger "aye", Chew ayue and Mayor "aye". Motion carried unanimously. Mayor Stewart requested that a discussion item be placed on the April 5 agenda regarding the selection of new auditors, City Manager Hartung stated that proposals would have to be submitted before selection could be made, Riddlesperger motion, Hopkins second to adjourn. The r„eeting was adjourned at 7134 p.m. ICHA M U ST8 J^WART, MA 'UR LEA U E A LEN, CI' hLCR AR 5 3C CITY OF DENTON MEMORANDUM MEETING DATE; April 5, 1983 COUNCIL AGENDA ITEM CONSENT AGENDA SUBJECT; Bid # 9123 Mobile Concession Trailer SUMMARY, This bid is for a concession stand to be used by Parks & Recreation at the various functions in different parks, The unit is self contained and mountcJ on a trailer to be moved from one location to another, we sent this bid out to two vendors and received only one bid. We searched several publications and the Thomas Register and could not find other vendors, According to our on anal estimte this is a fair and reasonable bid, ACTION REQUIRED; Approval by Council, ALTERNATIVES; Not purchase at this time and reject the bid or rebid, SOURCE OF FUNDS; Budget and/or lease/purchase, RECOMMENDATION; We recommend, after careful consideration that this bid be awarded to, the only bidder, Waymatic at $20,035,00 with the retractable wheels. EXHIBITS; Tabulation sheet, SUBMITTED BY: ~ FPurci) in. a a ing Agent JJM/lc 0088b DID N 9123 BID MObile CanceSolon Trailer OPHN _ 2 pin, _3-10-83 waymatia Century In 1ustr.ies Pool Dx Pool Box U ACCOUNT M 261-003-0062-9106Foul ton, K', 3o11esUu1'y, Inct _ OTT X rE E,SCffI TIO dOEt ~ 1; p0~ ~ictJUOR _ V ,t~D012 . ZF~c uoT-" ~ra~:r~R 1, 1 Mobile concession trailer T1181035,00 MS _ 2. With retractable wheels 21000,00 1108 Den ton 'total 20,035,00 W _ - CITY OF DENTON MEMORANDUM MEETING DATE: April 5, 1983 COUNCIL. AGENDA ITEM N: CONSENT AGENDA SUBJECT: Bid N 9124 Electric Meters, Current Transformers and Meter Sockets, SUMMARY: This" bid is for the purchase of the annual supply of electric meters, transformers and meter sockets. This material is used by the Electric Metering and Substations Department in the new construction, maintenance and change out program of the electrical distribution system, ACTION REQUIRED: Approval by Council. SOURCE OF FUNDS: These items are purchased during the contract period on an as needed basis. The material is warehoused by the using department and therefore capitalized as received. Funds are from the 1982-83 budget account 610-008-0253-9224, Electric System Plant & Equipment, RECOMMENDATION: We recommend this bid be awarded to the lowest and best bid as listed kelow: I, Item 1-18 Electric meters to Cummins Supply II, Item 19-28 Current Transformers to WESCO III, Item 29-41 Electric Meter Sockets to Priester Supply This bid award is based on (a) prices firm for 1 year (b) lowest overall bidder on like items and (c) estimated annual usage quantities, EXHIBITS: Tabulation sheet. i SUBMITTED BY: Tom 0, haw, C,P, Assistant Purchasing Agent TOS/lc 0089b 1s1U Meters, Sockets, 8 Cutouts 011BN~3/22/03 WESCO Watson pilaster lempie , Cunnins E,O,S. Nelson G,E, Electric Supply Inc, 51111p1Y ACCOUNT Electric Supply ~I'fltibf IIJ~B~1EIAitip~ Vf II23131F- VF~ili3dR- 'V@IJUI3R- VEIIITR--" V8fI6bIC` VEfJ6tf[C-` _VEII[3~Jif - ~fifR7~` BfllRllf` Vf fII3~Tt-'V _ I, 1000 M CIRIC NEIERS - -29 EA h 31.00 29,t)0 31.95 Y 20,40 2].48 30.53 29.60 - 21 300 125,00 - 109.00 125,35 106.20 106,10 114,45 116.00 i 3, 12 - - 144,50 130,00 142.60 121,45 126,01 130.83 - 132.00 A 1 50 Z39.60 _ 200.00 201.00 199,00 210,85 154,94 261.00 `-;i-"-- 5, 100 % 268.00 228,00 262,50 226,94 223,16 244.49 243.00 6. 50 244,00 204,00 237.75 202,36 221.96 218,00- 220.00 1. 8 283,90 _ 217,00 211.50 211.)5 253.66 249.55 252,00 --i - 8. 50~ 293,00 243.00 283.75 243,05 250,41 322,40 263,00 - ` " 91 262,40 220,00 264,00 224,17 _ 245,30 2x0.61 245.00 10, 1 262.10- 220,00 264.00 224.17 215.30 230.61- 245.00 ~ - - il. 24 321,60~ _ 264.00 307,25 262,00 ~286.96 782,66 205100 ' - - 264.00 M 307,25 262100 286.96 282.66 285,00 - - " -'i 13, 1 237.20 199,00 239,00 203,16 222,10 203,53 _ 221.00 IA. I 237,20 )99,00 239,00 203.76 222.10 200153~ 222,00 15. 4 i' _ 2.93,90 L:25 00 271,50 231165 26J.66 249,55 252.00 16. 40 y 80.00 00 71,45 121.22 N/0 76,00 66.00 315.90 0 166,50 Id4.65 155.19 355.83 154,00 259 31,00 37,00 -r~- ~ - - 21,03 32,7; 34,00 UEU 1~ 9121 nib Neter, Sockets, 8 Cutouts MIMI Y 3722783 kE5C0 Matson Priester TMn to `f Electric Supply Cunill Ins 1. S. Nolson p.f. ACCOUN'P 1 Inc. , Suppply E1ecU'lc Supply ~1_ ~ ~~~rf~~~cnx>~rx~u-- v~al~tr- v_rtrrsnrr- -v~r~ v~lrvol~~ ve~llan~_ rr-- v~ltlwn- r`tn~rr-v~r,r~rl- 19 Ht1r>t; RuOUrF - • I CURRETIf TRAIlSEORNCHS - - 17Ffl6Oit' 27.75 30,40 20.75 33 00 26,05 26.10 28.11 ; 2.0. 24 0.80 27.75 30.26 27.00 73.75 27,75 27.09 2l~ 24 29,70 31.35 44.50 74.66 45,00 55.75 45,30 v4. r 22, ^50 - 38 48,51 1.70 5 _ 41.50 74,66 45,00 65,50 45.30 66.63 40.51 51,10 - - 23. 50 64.50 64.36 - - _ 68.00 05.50 68,90 24, 64.50 _ - 73.76 79.20 20 50 _ 6A, 36 68.00 85.50 60.411 73,76 - - - 25. 50 74.20 - _ 64,50 64,36 68,00 85.00 68.40 - --{i- - - +13.16 74, 20 26, 50 61.50 [1416, 68.00 85,00 60.90 13.16 79.20 b4 .0o 68,00 05.50 68.90 73.76 14.20 _ 28, 20 64,00 10,00 40.75 68.40 73.76 04A 5 4. 700 HETEi SOCKETS 19,40 18,30 16.20 17,75 11.38 30. Ip23.00 4 1 21.00 18.01 31. 25 14,70 17, 36 f .15 40 .48 4t.38 32. 50 - - 43.45 - 48.50 63.25 47.97 52.50 J51.A0 f T53. 54 01 31,35 33, 50 61,00 69. U0 $8.60 64,25 62189 34. 25 36,56 t - - mil) ! 9124 010-Meters, Sockets, S Cutouts orr,Tl 3122183 11ESC0 Matson rrfester Teinpln Cuinnlus E.D.5. Telson G.f.. 110COWIT 1 ^ Electric Supply Inc, Supply Electrfr Supply ~..l~ ~ - N'`_ggm'yT'?y i V> s~ih~li-` VEfIIR (i t- VE27U(31! VEFJ{TGIt~- V ftfAR _ V~tlik7lr'- VRf1i5bIT- .I~ti~lf rlfl3ai[- vEfllfiln - lr~#i Tl J5, 6 MEIEIt SOCKETS 89.40 - - - 12. A7 79.41 11.75 36. 12 - 150.30 110.10 121.35 - - _ _ _ 110. RD 31. 6 815.00 262.60 239,Z6 ?62.21 - 256.16 T - 30. 48 80. .50 77.25 6 - - - - 9.59 76,29 74.69 - 39. 1110 _ 104.20 99.50 84.25 92.36 90.40 - - 40. Too - _ - _ 122.00 II6.50 98.19 101.64~ 105.35 41. IOD 148.00 140.25 11913) - 130.19 ~ 128.00 - - I - - CITY OF DENTON MEMORANDUM MEETING DATE: April 5, 1983 COUNCIL AGENDA ITEM k: CONSENT AGENDA SUBJECT: Bid N 9125 Mobile Radio Units SUMMARY: This bid is for the purchase of 5 mobile radio units to be used by the Utility Department in the new vehicles being purchased, The bid specifications and proposals were sent to the prospective vendors and we received only one bid, we have evaluated this bid and find it in line and competitive, ACTION REQUIRED: Approval by Council. SOURCE OF FUNDS: Budget account funds. RECOMMENDATION: We recommend this bid be awarded to Motorola Communications & Electronics, Inc, for 5 radios at $1,190,00 each including options M1 and N2 making a total bid purchase price of 1;5,954,00, EXHIBITS: Tabulation sheet, SUBMITTED BY: John J, Marshall, C.P.M. Purchasing Agent i JJM/lc 0090b BI1) 1 9125 BID_ mobilo Radio units 011SHw~ _2 pm 3-2283 Gonoral Motorola Glectric 11C'COONT 1 610-0080252-9227 T5~ 250'& 02 3 I'M D SCRI TIO VERbOR _WOR FOR V E DIR uV DOI2 V,B~JDOR VC1. adio units for Llect, Dept, MB 1070,00 2. 1 & 2 add for elimination 120,00 ch noise & multi- y ca1>abiliLlos Dolivery 45 days - FOB Denton Denton 'Perms Net Total $5950.00 _ _ CITY OF DENTON MEMORANDUM MEETING DATE: April 5, 1983 COUNCIL. AGENDA ITEM N; CONSENT AGENDA SUBJECT; Bid N 9126 Stand-Off Brackets SUMMARY: This bid is for the purchase of 400 fiberglass standoff brackets, This material is replacement of Warehouse stock and will be used by the Electric Distribution Department in the construction and maintenance of the overhead electric system, ACTION REQUIRED: Approval by Council, SOURCE OF FUNDS: Warehouse working capital account 710-004-0598-88708, RECOMMENDATION: We had a tie bid from Poleline Equipment and Priester Supply on this bid. A drawing was held and the City Secretary drew the name of Poleline. We recommend this bid be awarded to Poleline in the amount of $14,95 each for a total of $5,980.00, FOB, Denton, delivery in 35 days, EXHIBITS: Tabulation sheet, SUBMITTED BY: to D, aw, , Assistant Purchasing Agent TDS/lc 00916 131D M 9126 BID Single stand Off Bracket Nelson Poleline Cummins Temp' SVFSCO Gmybar peelers Prioster OPEN`- 2 pm, 3-15-83- Elect. Elect, Supply inc. Supply V10 ct, Blect, ACCOUNT warOhOl18e Stock 1-' ~iT6 N--- - VLrZ7Gc ti- V Nfi ~ Cb]I~1F~` _vPRUOR V E ) Ri'jj 1, 400 284621 - T Single Stand Off Bracket 15,34 y T14,95 15.12 16,00 13.G.t ~ 15,21 15,34 `~1{{! q,gg - I Y 4 s 42 days -ever - 35 c s 2-56 d 1/4__-3 0 - 45 s 0 c3av:i i~,14-?~i c~aY Total 6,136_00 5,980,00 6,046.00 61400,00^ 6,244,00„ 61084.00 6,136,00 5,980,00 i CITY OF DENTON MEMORANDUM MEETING DATE; April 5, 1983 COUNCIL AGENDA ITEM CONSENT AGENDA SUB,)ECT: Bid # 9127 Truck Bed and Bodies SUMMARY: This bid is for the truck beds and bodies for the truck cab/chassis purchased on Bid #9112 approved on March 1, 1983. The items on this bid include (item #1) a one man personnel lift or bucket truck; (item #2) a dump body for Parks Department; (item #3) 5 utility service bodies for the Utility Department and (item #4) 2 large utility service bodies for the Utility Department, ACTION REQUIRED: Approval by Council, SOURCE OF FUNDS, Funds for the purchase of this equipment will come from 1982.83 budget funds, Motor Pool Replacement account and some will be financed through a Lease/Purchase agreement, RECOMMENDATION, We recommend this bid be awarded to the low bidder meeting specifications as follows; Item #1 to Commercial Body $10,92 ,00 ea, Item #2 to Truck & Pickup $ 3144 .00 ea. ]tern #3 to Truck & Pickup $ 1,866.00 ea. Item #4 to Utility Equip, Co. $ 51483.31 ea, Total purchase amount will be $34,669,62, EXHIBITS: Tabulation sheet, SUBMI'T'TED BY; Tom 0. Shaw, C.P.M. Assistant Purchasing Agent TDS/lc 0092b DID ~ 9127 pXUw_ Prurk pod & flo a Come rcSA n-'Ioa UGC 13(1u1p. Containo Trttok Motor O Body North Co. Pick -up Truck 13 V., N 2 nn~32? _03 Inc. Ggnip. ACCOUNT N Corp, _s~. I'rL~ Ri'7's~ "CIF )oI )o JU ii - FAN (1t L Solt y NrioR_ -yFU~:iC~ IM8 ION Personnel lift 10,924400 30,497.00 11.,636,00 Nn 11,777,00 11,301.00 2, 1 Dump Body NI3 N13 v Nit 4445.00 3445.00 4150.00^ 3_ 5 Utility Service I)ody , 3/4 ton NN y1979.00 2480.00 ^2703,75 11366.00 1933.00 4. 2 Utility Service Body, 3 ton 6940.00 ~ Na 5485.31y NU NU N13 _ Alternate 2403.00 Delivery _ 60-90 day 60 clams - 60-90 clay 30 days 30 days 50 days Corms- not not net net _not no L• M r0[3 Don ton Denton Denton Denton Dontort Denton i CITY OF DENTON MEMORANDUM MEETING DATE; Apri'I 51 1983 C,IUNCIL AGENDA ITEM CONSENT AGENDA SUBJECT; Bid # 9128 Chemical Insecticides & Herbicides SUMMARY, This bid is for the estimated annual supply of chemical insecticides and herbicides to be used by the Parks Department in the control of insects and weeds, ACTION REQUIRED; Approval by council, SOURCE OF FUNDS; Funds for this purchase will come from 1982-83 budget account 100.003-00644105, Parks Department Chemical Supplies. RECOMMENDATION; We recommend this bid be awarded to the lowest bidder as listed below: Item # 1171& 15 To AgriChem Company Item #2,5,6,8,10, 11,12,16,17,18,19 To Van Waters & Rogers Item #3,4,13,14 To Public Health No bid were recaived on item #9, EXHIBITS; Tabulation sheet, SUBMITTED BY; om 0 , aw` , , Assist&nt Purchasing Agent TOS/lc 0099b I NCp 9128 1ti1:u 'I'1'i'l,G_ lemical lnsecticidos 011ENP.D---,-3 / 2 2 8 3 -3/22/83_ F IlarpooI McKesson Van Waters Agri. Public ACCOUNT # & Rogers Chemicals iloalth --VENDOR _YpN of i _ VC qOR Vl UOR _ V NI)Olt___ VENDUR UI:NI)Ult I NS E C T I C I DES V_aporl<LAresols 29.87/cs 1.90/ea, 2.73/ea. .2. Vap2na2E 11,75/gal. 3. Jh i tnl i re PT-122 19.00/ea, 21.00 - 47.00 4. Whitmire PT _1300 4 - 7. 0 - b• 8aY9°n 3.19/16, 18.00/m 11.9!i - 6. F i canl-W 10,00/ bx 14.00/ea . 7. _ Di - Sys ton -60.00/cs _ 53.50/cs. 8. Dorolant Oil _ 26.26/5gal. 3,36/gal. 3.89/gal. _ - 9. Cygon-2E 10. Dylox 30 - 4 44/16. 11. Sequestrene 138-FE 10.83/16. 67.35/bg. - - --y 12. Diazion _ 22.33 31.85/gal 120.00/cs 13. Dursban - 31.95/gal. 38,00/gal 30,00/gal, 14. MC-96 19.17/gal. _ 77116. - - FIE R[i IN I DES 15. V Ronstar G 40.50/bg• 36.00/ea. 16. _ Oust _ 213.44/32oz _ V - 5.38/oz 5.85/oz Hite d 91?.8 Hip 'l'ip LF. Chelldcal insecticides. oP,NE?n_ 3/22/x3 IfarpooI McKesson Van Waters Agri , Public & Rogers Chemical Ilea lth ACCOUNT d _ ESL ~1I SGR~E'TIUtJ - VEG DUR_. LENJI t y~SNUOR ye:NUO(t T yRNUGH xTNtwR- 17, Round-~ 2083,33/per - - --_J_ 31LgL. .._65.47/91 78,00/gl, MISCELLANEOUS M Nalco-Trol II 82, 67/cs 8,80/qt, 19, Nutra-Sal - - 1,67/oa, CITY OF DENTON MEMORANDUM MEETING DATE; April 5, 1983 COUNCIL AGENDA ITEM k. CONSENT AGENDA SUBJECT; Bid N 9129 Lo-Band Mobile Radios SUMMARY; This bid is for two-way radios to be used by the Solid Waste Division of the public Works Department, These units would update and make possible improved services by better communication, ACTION REQUIREDt Approval by Council, SOURCE OF FUNDS; Budget funds, RECOMMENDATION; We recommend this bid be awarded to the low bidder Motorola Communications & Electronics, Inc, at $11177,00 each for the total of $11,770,00, with 60 day delivery, EXHIBITS; Tabulation sheet, SUBMITTED BY; o n ars a P, , Purchasing Agent JJM/1c 0093b }31'p N 29 . E3Xf3.. _ - Ia~Barld Mobilo Radio - 2 m, 3-22-83 Gellorai Motorola ACCOUNT N 630-002-0001-9110 Cloctric _ _ • Co, arz `V all- vi; DOR vErrDc>~ 10 Lo-Lland Mobile Radio, 7. cllalmel 1203.00 1177.00 - - FOB AOI7tUn ~ !)OnL'.on - _ i - - _ 'I'ertns Net NO L Delivery 60 days 60 clays Total 12,030,00 1,770,00 ^ CITY OF DENTON MEMORANDUM MEETING DATE: April 5, 1983 COUNCIL AGENDA ITEM N: CONSENT AGENDA SUBJECT: Bid N 9130 Pneumatic Tube System SUMMARY; This bid is for the installation of the pneumatic tubes for the heating, air conditioning and ventilation system at the New Police Station, We bid this before on our bid #9105 and awarded on January 19, 1983s after receiving only one bid. This bid was later rejected as it was not bid with copper tubing as specified. We now have received three bids meeting specifications, ACTION REQUIRED: Approval by Council. RECOMMENDATION: We recommend this bid be awarded to the low bidder of T & M Systems, Inc, of Plano, Texas for $4,850,00, EXHIBITS: Tabulation sheet, SUBMITTED BY: o rs a l, C.P,M",_ Purchasing Agent JJM/lc 0095b BID N 9130 no 'rITLF,pneumatfC Tube System 01'PN> D-_ 3/24/83 T & M Eagle U1 System Pneumatfc pewees & ACCOuNT N_ Inc, San 3TY ).SC Ip'1lON _ . h:NpOfj VD VLF WI2VENDOR V NDOk_ _ VL~NUOR i f~N!)OR 1, _ Pneumatic Tube System~_ 4,860.00 6,828,00 6,64300 CITY OF DENTON MEMORANDUM MEETING DATE: April 5, 1983 COUNCIL. AGENDA ITEM 0: CONSENT AGENDA SUBJECT: Bid 0 9131 Acoustial Tile SUMMARY: This bid is to furnish and install the acoustial tile in the New Police Station, the bid was earlier received on Bid 09095 and awarded on January 19, 1983 to Jones & Jeffery Construction Co, The company asked to be relieved of this award after not receiving another bid, Which was granted, we now have received only one bid from Don Howard Company which we feel is in line, however, some $1,500,00 higher than the first, bid, ACTION REQUIRED: Approval by council, RECOMMENDATION: We recommend this bid be awarded to the Don Howard Company at $10,950,00 as bid and to be paid in full only when completed and accepted, EXHIBITS: Tabulation sheet, SUBMITTED BY: C. / b ers urc sing Agent JJM/lc 0097b B t.U tr 9131 im) 'rt'eLp Acoustical T.; .--..-..FYI oE'F:NF:u 3/24/83 non Howard ACCOUNT 11 n f ITL~E1 DESCRIPTION " - - _ _ ENDOtj- VENDOR ~ VI<NpOK VKNt~oK ~ ~V~NUOIt ~ 1 Acoustial tale (police Station) 10,950.00 CITY OF DCNTON MEMORANDUM MEETING DATE: April 5, 1983 COUNCIL AGENDA ITEM CONSENT AGENDA SUBJECT: Bid N 9132 Cable, Terminations, & Cut-outs SUMMARY: This bid is for the replacement of Warehouse stock for (1) 500 MCM copper cable, (2) 3,4 terminations indoor, (3) 3M terminations outdoor, (4) 100 amp cut-outs, ACTION REQUIRED: Approval by Council and award of bid, SOURCE OF FUNDS: Warehouse inventory working capital account 710.004.0598-8708, RECOMMENDATION: We recommend this bid be awarded to the lowest bid meeting specifications as follows: Item N1 Graybar Electric at $3,612,50 per thousand, 13,500' for a total of $48,7F8,75, Item d2 Cummins Supply at $156,70 each total for 12 is $1,880,00, Item N3 Cummins Supply at $50,90 each total for 12 is $610,80, Item #4 WESCO at $38.20 each total for 100 pieces is $3,820.00, EXHIBITS: Tabulation` sheet, SUBMITTED BY: Tomb. Shaw, C.P.M. Assistant Purchasing Agent TDS/Ic 0094b 011) N~ 9132 BID 'iU-° IL • Temple cumm.i,in WJ.,5Co pr.ieater GrayUar Nolson 0Pr,N..._3-_24-83 2 Ina. 3uF~1~.ly elupplY L1oal:, )gym, ACCOUNT N >G po 1~ _ F; 5011 +~7I;f3uoiz - Ziofi vu~►,no~-` 1 , 13500 Carlo UG500 hICAI P18 h)1) 4979.00 N13 1612, 50 NB 2. 1'1 Tormination 3M 05635 ~ 165.00 7.56.70 159^ ?.5 1681 00 159,21 198.70 3. 12. Terminatlon INI 05625 53,00 50,90 _ 53.d1. 54,00 50,95 63. SO 44 100 CuL'OUL 100 amps »46.75 - ~ 4_7.58 30.20 - 49. 4 7 N)3 52.90 I~elivery 211 days 21 clays 2.-4 wks 7 days 2-3-wks 7-30 days 1Alternate for JLom N1 3940,00 4955.00 -~W~ - - FOB ~ DonLJn - Den L-011 Denton Daittoti~ Damon Denton4 ` CITY OF DENTON MEMORANDUM MEETING DATE: April 6, 1983 COUNCIL. AGENDA ITEM CONSENT AGENDA SUBJECT; Bid # 9136 Concrete Saw SUMMARY; This bid is for the purchase of a concrete cutting saw to replace Motor Pool Unit #3010, This equipment will be assigned to the Street Department and used in the street patching and maintenance program, ACTION REQUIRED; Approval by Council, SOURCE OF FUNDS; This unit will be funded from 1982.83 budget fund account 100-002-0031-9104 and Motor Pool Replacement account 720-004.0020.8707, RECOMMENDATION: We recommend this bid be awarded to the lowest bidder of Moody-Day Company in the amount of $3,614,00, delivery in 10 days, FOB, Denton, EXHIBITS; Tabulation sheet. SUBMITTED BY. 'horn aw, Assistant Purchasing Agent TOS/lc 0098b 1$11) N._____ ^ 9136 _ 011) 'P1'1'1,K l Colic) %.P Texas Moody-Dny Morin OPYINRD- 3/29/83 _ _ Contractors ACCOUNT o Via UOIt - VL NDO[2 - VI?NUOIt `4'Nlf01l CODO'ete snw~ 3,995,00 3,614.00 4 _ _ or on- - _3,649.00 _ Flanufactui^ar Clipper Target^ Target Del i v e ry 21 days 10 days 7-14 days FOB Denton Denton Denton Terms Net 30 - Net 30 _ Net 30 F CITY COUNCIL AGLNDA BACK-UP bUMMARY SHLLT Date; April 5, 1983 Subject; Approval. of the final rep:lat of lots 9 anti 10, block 1, Northside Addition. Summary; Lots 9 and 10 of the NorLhside Addition are located along the west side Of North Locust Street approximately 125 feet south of the intersection of North Locust rind College. The property is zoned oflice (0), and the intent of the re lac is to remove a lot line and replat lots 9 and 10 to form one lot. The proposed developmenL has noL bee;: revealed. Adequate streets, utilities and other public facilities are in place. Action KeqL'ired; Approve the tlnal replaL. RecoflmendaLion: Technical requirements have been meL, and the Planning and Zoning Commission recom- mends approval. Alternative; Approve the final replaL. AtLachmenLs; 1, Reduced replaL 2. Planning and Zoning Commission minute, of meeting of March 23, 1983. UJ Rb,4 - David 1'11ison, Development Review Planner w 8' 8. 8. 8 C RR. 00 SURVE Y AR 185 "Wi. h$00-644, rhviwilt" SI 7 r.,,' I L07 12•A I I CALINCt a CkY. !1/ LOT 10`A Ca11Nt 1 1 ~ [kY. 316 L fill > LOT I - 'A I ! { Ca11N(T 1 {aY. 715 0 4 :I t 1.07 10 ra Q 0 0 ~yy1y%~5 II u r 1.01 If 111 1 H ; Nerss'.a w 11000 I ~ I LT 14 ; ;7T a I I I ~ . I ..I i f I I V.}.y 0 L111. M.• N Y1t UU Y\1 «o I(ALI w NIiI)LI tes Phinning and Zoning commission March 23, 198:3 Page 2 B. Approval of the final rep.lat of lots 9 and 10, block 1, Northside Addition. ` Mr, 1,11.1son explained that property is located along the west side of North locust south of College, property is (UNAPPROVED) zoned office (0) and intent is to remove a lot line to form one lot. He stated that till requirements have been met and Development Review Committee recommends approval. No one was present in favor or in opposition to request, Chair declared public hearing closed, Air. Claiborne moved to recommend approval of final replat of lots 9 and 10, block 1, Northalde Addition Seconded by i-1s, Cole and unanimously carried, (7-0) 500 Mimosa Denton, TX 76201 February, 25, 1983 G, Chris Hartung City Manager City of Denton 215 E. McKinney Denton, TX 76201 Dear Christ As you suggested in our recent conversation, I am submitting a letter of proposal for the 1983 Denton Citizen Survey. In the 1983 survey I will follow essentially the same design that has been employed successfully in past Denton surveys, I will assume full responsibility for project devel- opment and administration including, of course, data analysis and report preparation. I will submit a draft of the survey instrument to you and you, members of your staff and I will meet to discuss and finalize the in- strument. Telephone interviews will be used to collect the data. Expori,- enced interviewers will be recruited and trained to conduct the interviews. The coat of the survey will be $2975.00. In addition, as in the past, com- puting charges will be billed separately to the city by the NTSU Computing Center, The computing costs should be no more than $200.00. To meet a mid-,Tune completion date, the project should begin the first week in April, If you have any questions or require any further details, please give me a call, i carol Ames , Glass Consultant bg L ~ xs~ . INQHPHNDHNT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS $ COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTSe § 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 James J. Glass, herainaftec called "Contractor", hereby mutually agree as follows! 1. SERVICES TO BE PERFORMEDI City hereby retains Contraotoc to perform the hereinafter designated services and Contraotoc agrees to perform the following aervicest A. !,983 Denton Citizen Survey 2. 'OMPE S8TXON TO BE PAID CONTRACTORi City agrees to pay Contractor for the services performed hereunder as foliowai A. Amount of Payment for eerviceni Two Thousand Nine Hundred Seventy-Five ($2,975.00) Dollars to be paid to James J. Glass. B. Two Hundred ($20040) Dollars for computer costs to be paid separately to Norlh Texas State University Computing Center. B Dates of Paymentai Completion of the Survey. 3. SUPERVISION AND CONTROL BY CITY: It is mutually underatacd and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or con- sidered an 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 benefit. The City shall not have supervision and control of Contractor or any employee of 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 FUNDS1. 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, PAGE ONE . ■Iw~.rL.ruwM~u ~auuu ■ rrrir~.~.r - -w~. +ree~wrr.~wr 61 BEE VICES AND Sl PLIEQ 7,9 BE FVRNxa11EP BY QONTRA_C•TOi Con- tractor agrees to furnish to City the following services and/or suppliesI A. p o eat Development 0. A m nistration C, Data Analys..te D. Report Preparation. b. INSURANC41 Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insuranoe, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCEL .IhTXQNi City reserves the right to cancel this Agree- ment at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTR CTi Invoices will be rendered to the City by North Texas State University Computing Canter through completion of the aurvey, which has a projection date of June, 1903. EXECUTEO the this day of April, 1983. CITY OF DENTON, TEXAS BYt Cam. CHRIS 1 T N G ATTESTi C ARLOTT• ALLENe CITY E$~RR APPROVED AS TO LEGAL I:ORMs C. J. TAYLOR, JR., CITY ATTORNEY BYl JAMES J. GLASS, CONSULTANT BYt That , is hereby designated as the person to administer the provision of this agreement. r_ DATFu CHRIS H RT NG PACE Two DENTON CONVENTION/VISITORS BUREAU 1983/84 INCOME; Projected 19V84 116,042 EXPENDITURES; 83/84 I, OFFICE/x )MINISTRATION BUDGET Salaries 33,600 Car Allowance 11200 Taxes 2,252 Hospitalization 1$600 Management Support 51460 Training & Travel 300 Equipment 4,620 Office Supplies 1,200 C/V Telephone 30500 Office Space Rental 21640 Audit 400 Printing 2,650 Postage 29100 C/V Development Council 240 61,662 11. CONVENTION PROMOTION Solicitation 2,000 Travel 4,110 Convention Services 2,874 Advertising 19800 Promotional Events 1,000 Trade Shows 500 Promotional Material 5,940 Memberships & Subscriptions 11371 19,595 111. TOURISM PROMOTION Solicitation 800 Travel 740 Services .0- Advertising 17,750 Promotional Events 2,100 Trade Shows 700 Promotional Material 100690 Memberships & Subscriptions 1_I005 33,785 Total Projected Expenditures 115,042 3/17/83 Date Sigme Chapter North Two Slate UnIversity ` i altc't Alpha AN 1308 Woet Oak Shoot irz, Denton, Texas 70201 i r Telophono (817) aga-,4V R6 t t Z Mlirch 22, 1983 i)C?i~2' 311: S , woo tho 11rot•.har.3 of Bota : iclino Chapter: of cicima Alpha Mu, cto horeby potition the city Council of Denton, Tex<,3 to allow us to close Fry st., between oak and Hickory, from tare hours of 9s00Atrl to 7001'61, on April 24, 1983, in ordor thtrt the fraternity may hold the Fourth Annual Fry st. Fair/ spring Renaissance, we have obtained written approval. from all the merchants on Fry 5t, (see enclosed petition) and hope to obtain your:j, 41e are looking forward to the fair" and (tope you will all come, Also I'd like to note that we have decided to dive this yoars proceeds from booth rentala and othor dona -.ions to the United Way of Denton. tii corel h 1', __yd~~J Md9 t11A~\\a Slpina Chapter ~ North Texas State Unlyorsity 1308 West Oak Strait 47XX « Denton, Texas 78201 ~t t Telephone {8171 s t f .o: Fry 5t, Merchants From: sigma Alpha MIA Res Pry St. l.•-'air/Spring ienaissance tear Sire, WEB, t•l;e i3rother.s of 13eta Sigma Chapter of I.A.gma Alpha flu do hereby petition the merchants of Fry St• to allow us to close Fry St., (between Oak anu Hickory) from 9:001)1,S k,o 7:301'x; on t3un6ay, April 24, 1983, in order that wee may hold Lhe Fourth Annual. Fry St. Fair/Spring Renaissance, Since its birth in 1980, the fair has been a cheat local event; it has been on joyed by many and there has never been any trouble. 14e would appreciate your support in this year's fair, we olso need your permission to block the street as its closing requires City Council's approval. First we need yours; if you will sign below we can really got this thing off the ground. the lair, I) _ Aft The corkscrew. • . . • •`JV Campus Barber Shop, Studio fashions . • r T'om' J Jims i)inor........... ,Second ;and Rose....: ~ f6' ~ 1:3ullwink:l.es.••••.•ra•}[i/II~IY Student Book Lxcha n(3e r / Fry St. Classics.... • ~ ~i1/)n.Q~},~. CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET Meeting Date; April 5, 1983 City Council Agenda Item # 6 Subject; Adoption of an ordinance and accompanying service plan for the purpose of annexing a tract of land consisting of approxi- mately 456 acres located easy; of FM 2181 and north of Robinson Road, (G-1560) Summary; Adopti.on of the enclosed ordinance and service plan will complete the annexation of this 456 acre tract of land, Action required; Adoption of the ordinance and service plan, ADOPTION REQUIRES SIX (6) AFFIRM- ATIVE VOTES OF THE CITY COUNCIL, Alternatives; 1. Adopt the ordinance and service pplan. 2. Reduce the size of the tract to be annexed, 3. Disapprove the ordinance and service plan, 4, Table for, future consideration. Recommendation; The Planning and Zoning Commission recom- mends approval by a vote of 5-0. Exhibits; 1, Ordinance 2, Service plan 3. Map Charles Watkins, Senior Planner ..N.r~. i.x •.~..w ww.Mr ..♦.x.., •x.. ~x.r4. n1{r/. .Mx.M wwMy i..i • \r 1 1 AN ORDINANCE ANN$XING A TRACT OF LANG CONTIQUOUS AND ADJA=,r To " THE CITY OF DENTON, TEXASr BEING ALL THAT LOT, TRACT OR PAR= or LAND CONOMINO OF APPROYINATELY 455 ACUS OF WAND LYINQ A40 bt:IWo SITUATED IN TOZ COUNTY OF DENTON, STATE OF TEW18 AND BErIto p"T OFr THE J. FIS UR SURVEY, ABSTRACT NO, 421, B. LEWIS SURVEY, Aa9Tpj4V K. 769, ,4,E.P. & P.R.R. Sa[V/%,Y, ABS[}Tt~AACT NO. 950p F. PICts~T- SURV•8'L, A9STRACb' NO, 101.8, ANO 'U4 Kwt'i.9.ttiw SURVEYr ABSTaACZ NO. 643, DENTON COUNTY, TEXAS? CLASSIF'YIk4Q THE SANE AS AGUCULTtM" W DISTRICT PROPERTY) AND DECLARINQ AN EFFCCTI79 DATL" WHEREA5, the request for annexation was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of the City of Denton, Texast and W1;EREAS, an opportunity was afforded, at a public hearing held for that purpose on February It 1983 in the C~ acil Chambers for all' interested persons to state their views and present evidence bearing upon the annexation provided by this oedinancel and WHEREAS, an opportunity was afforded, at a public hearing helot for that purpose on February 11 1983 upon the property hereinafter described in this annexation ordinance for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinandet and" WHEREAS., this ordinance has been published in full at least l one time in the otfieiai newspaper of the City of Denton, Texas, prior to its effective date, and after the public hearings; NOW, THEREFORE, THE COUNCIL bF THE CITY OF D£CITON, TEXAS, HEREBY ORDAINS: SECTION 10 That the hereinafter described tract of land be, and the some is hereby annexed to the City of Denton, Texas, and the same is made hereby a part of said City and the land and the present. and future inhabitants thereof shall be entitled to all the righta''and privileges of other citizens of said City and shall be bound by the acts and ordinances of said City now in affect or which may hereafter be enacted and the property situated therein shall be subject to and shall bear its prorata part of the taxes levied by the City. The tract of land hereby annexed is described as folLows, to-wit: All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the J. -F1sMer6urvey, wF,bst cac tNc~.-4.2 4r• &.-Lett-i•S-SHOE-w±y-,'•Ak~st ra a t--;ip...7 6.3~,_...-..-.... . f M.R.P. to P.R.R. survey, Abstract No. 9500 Pickett surwey, Abstract No. 1418 and the S. Howbrio Survey, Abstract No. $43 being more particularly described as followet B&OM ING at a point $ toot east of and perpendicular t ea,et r in the ight of way line of Teasley Lana (FM 2101)# said point also elylae 65-430 Trask X11 and theisou hwestacornerbo88the land Qdescribed LA Ordinance No. 74-351 THENCE south 87039011" east along the praaont city limitm as established by Ordinance No. 74-35, a distance of 355, toot to a point for a corner, same being the southeast corner of the land described in Ordinance No. 74-35 and the west boundary line at tlse land described in Ordinance No. 74-341 THENCE south along the present city limits as established Ordinance No. 74.34, a distance of approximately 1921 taet, wort or leas, to a point, same being the southwest corner of the land described in Ordinance No. 74.34 and the westerly northwest comes of the land described in Ordinance No. 77-181 THENCE south along the present city limits; as established b7 OrdinanceNo being 8the jouthwest corners feet to the lands ppdescrib*dr iz Ordinance No. 77-181 THENCE north 84419' oast along the peasant city limits aA established by Ordinance No. 77.18, a distance of 3249.71 feet to a point for a corner, same being the southeast corner of the land described in Ordinance No. 77-18; THENCE north 2058' east along the present citry limits as ` established by Ordinance No. 77-18, a distance of 792.7 feet to a point for a corner, said point being the northerly northwest eormgr of tho land described in Ordinance' No. 78-28, Exhibit "C", said (~olnt also lying in the southwest right of way line of state Scho01 Roadj THENCE south 21019 east along the southwest right of way line or State School Road, same being the present city limits as established by Ordinance No. 78-28, Exhibit C", a distance of 172.7 feet to a point for a cornarj THENCE 39018' east along the southwest right of way line of said road, same being the Present city limits as established by Ordinance No, 78-28, Exhibit "C", a distance of 697.1 feet to a point for a corner; THENCE 17006' east along the present city limits as established by Ordinance No. 78-28, Exhibit C , a distance of 151.7 feet to a point for a corner, said point lying 10 feet west of the Denton-Corinth common jurisdiction line and also being lQ feat west and 53.7 feet south of the northwest corner of the L. Young Survey, Abstract No. 1451] Vm4CE south along the present city limits as established by Ordinance No. 78-28, Exhibit "C", and 10 feet west of a4d parallel with the Denton-Corinth common jurisdiction line a distance of 1651.5 feet to a point for a corner in the north right of way line of Robinson Road, said point also being 25 feet north of the south boundary line of the S. Hembrie Survey, Abstract No. 6431 THENCE south 88058' west along the present city limits same being the north right of way line of Robinson Road and 25 feet north of and parallel with the nenton-Corinth common juriseiction line a distance of 830 feet to a point for a corner; THENCE west along the north right of way line of Robinson Road a _d#;*anse o 4b40.•78-fees to cs-po-frtt-+cr -rnocetc-r;-mid r. •u.. . r..Yr. •..a w.. ...«v..~. X +wW.r.l.wyNUw~+Viiww. 4 1 , in the ppresent city limits as established by Ordinance No. 0-43, Tract YXI, said point also lying 5 feet east of and perpendicular to the east right of way line of Teasley Lane ON 2181); THMICE north and west. along the present city limits uhioh lies 5 feet east of and parallel with the east right of way line of Teasley Latte (FN 2181) the following 10 course* and distances (1) nort:t 2407' rest 299.5 feet to the 1.491aning of a curve to t:te left with A chord boating and distance of north 18°19' west, 827.25 feet, central angle of 32024' and a radius of 1482.57 ffet= (2) northwesterly along said curve an arc distance of 838.37 feett (3) north 34031' west 751.8 feet to the beginning of a curve to the right with a chord boating and distance of north 27056' west 716.9 Cdet, central angle of 14'10' and a radius of 2914.93 feet; (4) northwesterly along said curve an arc distance of 720.73 feet; (5) north 20021' west 815.1 feet to the beginning of a curve to the left with a chord bearing and distance of north 266214 west, 609.35 feet, central angle of 120 and a radius of 291 78 fast; (6) northwesterly along said curve an arc distance oe 610.47 feet; (7) north 32021' west 989.70 feet to the beginning of a curve to the right with a chord bearing and distance of north 16046' west 796.49 feet, central angle of 31010' and a radius of 1482.46 feet; (4) northwesterly along said curve an arc distance of 806.40 feet; (9) north 1011' west 432.7 Poet to the beginning of at curve to the left with a chord bearing and distance of north 4614122" west 81.76 , feet, central angle of 6006143" and a radius of 766.83 feet; (10) northwesterly along said curve an arc distance of 81.8 feet to the place of beginning and containing 456 acres of land, mace or. Less. SECTION IT. The above described property is hereby classified as Agricul- tural "A" nistrict and shall so appear on,the officiat zoning cap of the City of Denton, Texas, which cap is, hereby amended accordingly. SECTION TIT. • This ordinance shall be effective immediately upon its passage. Introduced before the City Council on the Ist day of march, 1983. PASS?,D AND APPROVED by the City Council on the day of , 1983. RICHARD . STEHART, ,W OR CITY OF OENTON, TEXAS ATTESTI CRARLOTTS A C, M uI R 'IAR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FOR14. C. Ji TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS ~ nv. PLAN OF SERVICE FOR ANNEXED AREAS CITY OF DENTON, TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance atmexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS Section 1. Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service; I, Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation, C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, aald thereafter from new lines as extended in accordance with article 13,06 of appendix A of the code of the City of Denton, Texas. D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 15.06 of appendix A of the code of the City of Denton, Texas. E. Refuse Collection (1) The same regular refuse collection service now- pro- vided within the city will be extende(', to the annexed area within one month after the effective date of annexation. Sexvioe Plan Annexed Areas Page two F, Streets (1) Emergency maintenance cal. streets (repair of hazardous chuckholes, measures necessary for traffic :flow, etc,) will begin on the effective date of annexation, (2) Routine maintenanoe on the same basis as in the present city, will begin in the annexed area on the effective date of annexation, (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. G. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc,) will begin in the annexation area on the effective date of annexation. H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation, City planning will thereafter encompass the annexed area. I, Street Lighting (1) `street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city, K. Electric Distribution (1) The city recommends the use of City of Denton for electric power. Service Plan Annexed Areas Page 'three L. Miscellaneous (1) Street name signs where needed will be installed within approximately B months after the effective date of annexation, II. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly, The Plan is prioritized by such policy ,guide- lines as: (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities. (2) Impact on the balanced growth policy of the city. (3) Impact on overall city economics. The annexed area will be considered for. CIP pls,nuing In the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. i IFN 7(II { 1 Irk ~ ~Iai1~iM ~1 1 ~i-\~ Z-1560 JJJ 1 VI: \ \,u ift. I I 11~ i CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET Meeting Date: April 5, 1983 City Council Agenda Item Subject: This is a public hearing to consider annexation of approximately 151,49 acres of land located south of the Texas Pacif is MK&T Railroad, north of Highway 3804) and east of Cooper Creek Road, (z-156+) Summary: The City Council advised the staff to begin the annexation process on the above captioned tract of land as a result of a proposed mobile home devel- opment on 13,5 acres of this property, The proposed mobile home development will consist of approximately 80 units with two tracts reserved for commercial use. The site is proposed for city water and sewer service, The balance of the land consists of four (4) occupied houses, seven (7) mobile homes, a mobile home park with 20 mobile homes, Harwell's Lawn and Carden, Boyd's Welding, an upholstery shop, Melotex Greenhouses, pasture, and open space, The existing mobile home park on the north side of Fish Trap Road is espe- cially noteworthy in that it is not on city water or sewer which in this case possibly constitutes a health hazard due to the density and use of septic systems. Additionally, this mobile home park is the scene of numerous calls responded to by the Sheriff's office which would be a city responsibility if annexed, Existing land uses in this area would be required to seek and receive appropriate zoning prior to expansion if the area is annexed into the city, City Council ,'4ack-Up April. 5, 1983 Z-1564 PaFSe 2 Summary Conto Acoording to the 1980 census the popu- lation of the area proposed for annexa- tion is 110. The purpose of the annexation is to insure that future development in this area complies with city standards, Action Required; No action required. Alternatives; 1, Take no action, 2. Disapprovo annexation, 3. Table for future consideration, 4. Reduce the area to be annexed, Recommendation; The Planning and Zoning Commission recommends approval by a vote of 7-0. Exhibits, 1, Service plan 2. Map 3, betters from Fire and Police 4, Property owner list 5. Reply form total 6. Planning and Zoning Commission minutea of meeting of March 23, 1983, I L'Y' E Charles Watkins, Senior Planner PLAN OF SERVICE FOR ANNEXED AREA CITY OF DENTON TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City cif Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. NOWO THEREFORE, DE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; Serti.on 7- Pursuant to the provisions of Article 97Ga as amended, Texas Coda Annotated, there is hereby adopted for the proposed annexation area the following; plan of service; I, Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards, B, Fire. (1) Fire protection by the present personnel and equip- spent of the fire fighting force, will be provided on the effective date of annexation, C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from nr,v lines as extended in accordance with article 13,05 of appendix A of the code of the City of Denton, Texas, D. Sewer (1) Properties in the annexed areas will be connected to sealer lines in accordance with article 13,06 of appendix A of the code of the City of Denton, Texas, E. Refuse Collection (1) The same regular re-fuse collection service, now pro- vided within the city will be extended the annexed area, within one month after the effective date of annexation. M Service Place Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous ohuckholes, measures necessary for traffio flow, etc.) will begin on the effective date; of annexation. (2) Routine maintenance on the same Pasis as in the present city, will begin is the annexed area on the effective date of annexation. (3) Roconstruotion and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major imp m veaments, as the need therefore is determined by the governing body, will be aceomp~ished under the established policies of the city, a. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, san ti_GtLr..et.c.,_) wi11. begin in the annexation area on the effective date of annexation. H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation, City planning will thereafter encompass,the~annexed area, 1. Street Lighting (1) Street lighting will be installed in the substan- tiO.Ily developed areas in accordance with the -established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, ate., on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the onlarged city, K. Electric Distribution (1) The city recommends the use of City of Denton for electric power, Sexy i,ae Plan Annexed Areas Pa&e whree 1,, Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation, 11. Capital Improvement Program (CIP) The CXP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as; (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities. (2) .Impact. on the balanced growth policy of the city. (3) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to the sane established criteria as all. other areas of the city. ' I i~ ~ I N Y~I : 1 ~ R ~ 4 1 , ~ hb! V l I VI ~ ! ~I tI i J 1 i 1.' 1 r f 1 1 , 1, as 1 1 ~ L I 1 A 1 ,'I V v I H~~r]]r,1 171115 ~ ~ ~ /I 97 }4`, w oa ` Ifr Y , ! +4' 11 I ~ r ^r 4.11 / / iL r r~ ~ 71 S § 1 1 (.T fr I '4 ~ ''~~~A,{~~'! 't.. 4zggkl h` ~ ~rlt~~1 ~~~~'~~'~I~ ~1^' ~I YY~rd7 r L.. 11. i 1 y. I u ~ y_}~ 7 Y w sn I I Ali Ai 41 °d71FI ~ r ~R ~ 4 ' ' }7. a r ' ~ e J p l t ~ R °~'4 k4 r , + '3~ .13 ' "x Y"Ak ti I M1 ' ~J k~ 1 }Jl rw~ \ }e a law y ~I A ~ ^(,4'r F 4 w d'7. R+4iY` ♦ d~"~ vk rr r, ~r , 91 .I. f, lp, I +v r~, n 4~ y9 rah j~rl I. 1~~ rr An-, n. a,ITVfri 7 ~ I } YY J J A>j Y ` Jt lr.~ 41 y ~ r } ~ b. t" }4 . j!1 I I 6 d 1 r k 1 J. d`i'~,~i1J' , IV t R ~ F t ` x A ooo \ I v'~F,hKI ✓ r i f 5 , n•.k. tb~r LW~~F7 Y ~ ,fl I. .711i ..I', r'.~,I - f.R t r MEMORANDUM DATE: March 3, 1983 TO: Hugh Lynch, Police Chief Jack Gentry, Fire Chief's CM: Charles Watkins, Senior Planner SUBJECT: Proposed Annexation Once again Y am asking for your comments 'on a proposed annexation consisting of approximately. 150 acres'of rand located between Mingo Road and Highway 380 as shown on the attached map. CW: cs Enclosure dire der CITY OF DE;NTON MEMORANDUM T0: Charles Watkins, Senior'Planner F'ROMi Hugh Lynch, Chief of Police SUBJECTi Proposed Annexation DATEt March 7, 1983 The area proposed for annexation between Mingo Road and U.S. 380 contains a mobile home park and several residences that will warrant police service, The mobile home park is of concern to us, as we know that the Sheriff's Office responds to calls there quite frequently. If annexed, we will assume this responsibility which will incxease our workload. Our manpower is already stretched too thin to adequately cover the City, and this addi- tional annexation will further weaken our coverage. Regardless of the outcome of the proposed annexation, we will continue to provide police service to all areas of the City as effectively as time and manpower will allow. Hughh Ly~h Chief of Police i BAMa i,c►,Mc:.d~4fortptwd+rl~t Alit" C , 1 N/ 1 TtLL 17 4 Z4Ax y 1 Tr. real ~1~. Ln~,n 2qR ~Pi1~dh '16 ~tn1 rt4cf r l Sr S' c Vnyida► i /dr l w;j, r 1 , 7 l~ 1`u lie l 5. 16s ~~,1 ?e! ri rr } a, ,fax i A 12 ~ rs~ouy set TYIA 11 7 r s~ 4zt,*,s.,sx 7Y ~ f tub /~l~ r•~t _,,f'lt rwl, 5 s- Box MA I rh ~t G bier , 7 r n ,,,Jj~ lJIIUIS f ` F 11 'I L' t m 1 r 11 . h c l 6 Al~er~uil~ ad~lrrs. 7'G PROPERTY OWNER REPLY FORMS CITY COUNCIL 2-1564 IN, FAVOR IN OPPOSITION UNDECIDED None Received None Received None Received - i Minutes Planning and Zoning Commission March 23, 1983 Page 6 D. Approve the proposed annexation of approximately 151,49 acres of land located south of the 'T'exas Pacific - MKuT Railroad, north of Highway 380, and east of Cooper Creek (UNAPPROVED) Road. (Z-1564) Mr. Watkins outlined area proposed for annexation and explained that purpose of annexation is to control, proposed mobile home park and other development in the area. He said that if development of mobile home park: occurs, water and sewer will be brought into the area; that possibly water and sewer could be carried to an existing mobile home park in the area. He continued that code enforcement and zoning would also be beneficial to the area and staff recouunends approval of annexation of the 1.51.49 acres Mr. Claiborne moved to recommend annexation of the 151.49 acres of land. Seconded by Mr. Escue and unanimously carried. (7-0) PLANNING AND ZUNING COMMISSION KE'CUMMLNDATIUN TO T 11h; CI'T'Y COUNCIL To; Denton City Council Case No. Z-1565 Date: April 5, 1983 GENERAL INFOKMA'rION Applicant; Don Pearson 1434 Churchill Denton, 'texas 76201 Status of Applicant: Financial Interest Requested Action; Change in zoning from a specific us~e- permit (5-151) for a day care center to the two family (2-F) class Ificaraon. Location and Size, 0.703 acre located along the west sc,Je of Stuart Road approximately 1100 Le~et north of the intersection of Stuart. and Windsor. Existing Land Use: Vacant Surrounding Land Use and toning, North - Vacant, single family resi- dential, church; Agricultur,;il (A), SF'-7 South - Vacant, drainage channel, single family; SF'-7, PD-25A Last - Single family; SF'-7 West - Vacant; SF-7 Denton Development- Guide; Area is designated as low intensity. (Z-1565) Page 2 SPW IAL 1NFURMATION Transportation: This site has immediate access to Stuart Road. Stuart Road is desig- nated as a secondary arterial and has adequate capacity to serve this devel- opment. Physical Characteristics; The to ography is flat and a drainage channel exists immediately south of this parcel. Vegetation is trees along Stuart and grass and weeds. ZUNING HISTORY Ms, Saundra Jones petitioned the Planning and Zoning Commission and City Council Ec a change in zoning from single family (SF-7) to a specific use permit (S-151) for a day cure center on December 22, 1980. The request, was initially scheduled for Planning and Zoning Commission action on February 4, 1981, how- ever, consideration was postponed until March 4, 1981. The Planning and Zoning Commission recommended approval of S-151 by a vote of 6-1 with the following conditions; 1. The number of children to be accommodated is limited to a maximum of 89 children. 2. Adequate off-street parking shall be provided. 3. Adequate manuevering area shall be provided in the parking lot in order to prevent the necessity of backing onto Stuart Koad. 4. No detached signs are permitted. 5. The design of the structure shall be consistent with the rendering submitted. The City Council approved S-151 at its meeting of April 7, 1981 with the conditions recommended by the Planning and Zoning Commission. (Z-15651 Page ;i ANALYSIS If approved, this request will represent down-zoning of the sub- ject parcel. A dray care center is considerably more intense than two family or duplex land use and staff does not feel that the proposed change will negatively impact surrounding proper- ties. This is a peculiar request: when one considers consistent testimony proclaiming the need for additional sites in residen- tial areas that will accommodate day care centers. This area is totally engulfed by diverse residential land uses and is within a few hundred feet of Strickland Junior High School. If advis- ing potential day care center developers of residential areas that would possibly meet Development Guide standards for zoning approval, staff would consider referring to this site as a model or example. The Planning and Zoning Gonmaaission recommended approval of this request but concern was expressed over approving; specific use permits that are not developed within a reasonable period of time. Some discussion of possibly placing a time limitation on specific use permits was conducted by the Planning and Zoning Commission. RECOMMENDATION The Planning and Zoning Gonimission recommends approval of Z-1565 by a vote of 6-0. ALTERNATIVES 1. Approve petition. 2, Deny petition. 3, Modify to PD and req;aire a site plan. 4. Table for future consideration. ATTACHMENTS 1. Aerial 'l. Property owner i.ist- 3. Reply form total 4. Planning and Zoning Gonmission minutes of meeting of March 9, 1983. r. l I ! f 1 r t 1'fS''~.d1~11 1l 'i Ii~s ~~/;4 1lrt. 4 ,4 i! fl +,1 `VY r 1 I i,y~ 1{I',. I ~9{ tr ! '•a I fil rfI 1. ~ r t I y,., ,I C,111✓'. I .~4tA~' fy ♦L~j. (t '~Q 4:,rpy ,3, +FV'•7~P9 IN ) nl ~ j' i, , V ! , , I r, Y ?~`Y I Vt 1 la e 1 tY Yl IIA •t`~ tJS..+' SI -t i5 1~+~ ~:`^I ~~1 r"~ ~ yr ~.h. 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I l fir ` Orr I('1iA i '~tt t~t5t1t+Y{ y ,p~A I1n C a l,yll ;t, ',r. i'Y4 it A r i l/ l }1 !1 p1, k ! r r ,1 f+1?,, y f o- '~y jl i.~ J lvfa` t t ' ~To 1 hi\ ll,/h ti ~~4T 1 F ,I y;1~H` I k 1 f r ~~'y,.~~W,$+' j~ ~i/~y:r.~Y `r~ , 1~~~1, y ~ l;rr ; z~ H M- 1.0 1 A-4-La Lp X" 4,, r -YA nYl 6 ~z v . ~ f ✓f lC i If R h 1 M 00 ~S f N h rn ..7~r 1 11_.. i11PY[1 rr.s',c S„~ tie, el le ....y.....,. ~L~~r x h /1 (c ~ 1'! n Ella i1 .f 1, ~ G 1 d 1 r- / rlt r ~r , d tin eJ 76 J ~ L S ~LCf Ltu~ ~C1,l Miri 16 , l r ! - Y.r'.~t,1 2 6f ~[rUl`r.~r r~ l/^>Tcr, s, 4 1!+ ' ~G ~1LLlet ~d~ ci~ttr~~Z2~D{ _C' 14_ L~:?S.-~_n ,~r r~r t PROPERTY OWNRR REPLY FORMS CITY COUNCIL Z~1565 IN ,AVOR IN OPPOSITION YJNDE!_ CIOED Grant Jacobson None Received None Received Universal Davelopment Corp. p, 0. box 2455 Denton, Texas 387-8502 Minutes Planning and Zoning Commission March 9, 1988 Page 2 III. Public Hearings A. Approval of the final replat of lot 1, Triangle Addition. Mr. Ellison explained this is the accompanying final repl,at.of the previously approved preliminary replat. He said that replat meets all requirements of subdivision regulations and the Development Review Committee recow- mends approval. Tim Snider, petitioner, stated that property is presently ' zoned and pplatted so that he could build apartments, how- ever, he chooses to sell to i.naividual home owners and is requesting replat for that purpose. On question, he said that development will be comparable to existing quadra- plexes in area. No one was present in opposition to request. Chair declared public hearing closed. - Ms. Mays moved to recommend approval of final replat of lot 1, Triangle Addition. Seconded by Mr. Escue and unanimously carried. (6-0) F8. Z-1565. This is the petition of Mr, Don Pearson requesting a change in zoning from a specific use permit (5-151) for a day care center to the two faazily (2-E') classification on a parcel approximately 0,703 acre in size. The prop- erty is located along the west side of Stuart Road begin- ning approximately IfOO feet north of the intersection of Stuart Road and Windsor Drive and is more particularly , described as lot 4, The Village - Phase I. Mr. Ellison explained request stating that a specific use permit for a day care center was approved on this property but use was never developed. Fie said that property was zoned SF-7 at that time. Request is to change zoning from specific use permit for day care center to 2-F t.i allow development of two duplexes, property will be platted into two lots at a later date, fie said the surrounding area is zoned single family and a church is located rid.jacent to this property. Ghairman suggested that a time limit he put on approved specific use permits and if use is not developed within that time period the zoning would revert back to the zon- ing which existed at the time the specific use permit was rlinuCos planning and Zoning Commission March 9, 1983 Page 3 approved. He asked that this item be included on agenda of next study session of Planning and Zoning Commission. Dlr. Ellison continued that 11 notices were mailed to prop- erty owners; three reply forms were received in favor, no reply forms were received in oppositiort* Don Pearson, petitioner, stated that he is not the party who received the specific use permit for a day care cen- ter. He said that he plans to plat property into two lots and build a duplex on each lot, that he feels duplex use is more desirable than a day care center. He said that property is separated from single family residential area to the north by the drainage ditch. No one appeared in opposition to request. Dir. Alison continued staff report stating that specific use permit for day care center was approved on March 4, 1981 by a vote of 6•-1. He said that staff feels that the two duplexes requested would'be less intense than the ap- proved day care center and recommends approval. On ques- tion, he said that area requirements could be complied with. On further question, he said it is staff's thinking that considering t,iday's housing trends, a duplex has the same characteristics ,as a single family dwelling; that it is actually two single family residences in one attached unit. Dlr. Pearson offered no rebuttal. Chair,declared public hearing closed. Chairman commented that he is going to vote for request even though he wouldn't vote for 2--F zoning if property was still zoned single family. He said he voted against the request for specific use permit. Dir. Sidor commented that at the time request was approved for day care center, it was his feeling that property was not suitable for single family; that he agrees that 2--F would be a better use than a day care center.' Ms. Mays moved to recommend approval of Z-1565. Seconded by Mr. Sidor and unanimously carried. (6-0) NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TExa4, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF 71 CITY OF DENTON, TEXAS, BY ORDINANCE NO. 6941, AND AS SAID MAP APPLLI:S TO APPROXIMATELY 0003 ACRE OF LAND, MORE OR LESS, AND BEING K.,u.wlta AS LOT THE VILLAQE, PHASE I LOCATED ALONG THE WEST $IDE OF STUA-PT ROAD BLOINNINO APPROXIMATELY 1100 FEET NORTH 'OF THE INTERSECTION :]F STUART ROAD AND WINDSOR DRIVEL AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSi SECTIQi~ I, The Zoning Classification and Use designation of the followt.ng described property, to-wits All that certain lot, tract or parcel of land lying and be-ng situated in the City and Co.rnty of Denton, State of Texas, be*4nr approximately 0,70 acre of land, more or less, and being known as, Lot 3, The Village, Phase I located along the west side of Stus.rt Road beginning approximately 1100 feet north of the intersection ref Stuart Road and Windsor Drive. is hereby changed from a Spealfio Use Permit "S-1$1" District Class.- fioation Use to Two-Family "2F" District Classification and Use unaKr the Comprehensive zoning Ordinance of the City of Denton, Texas, tkne zoning Map of the City of Denton, Texas, adopted the 13th dat a,f January, 1969, as an Appendix to the Code of Ordinances of the Ci y of Denton, Texas under Ordinance No. 69-10 be, and the same is hect- by amended to show such change in District Classification and Use. SECTION 11, That the City Counall of the City of Denton, Texas hereby f:-.Ss that sucn change is in accordance with a comprehensive plan for :.::ie purpose of promoting the general welfare of the City of Daman, Texas, and with reasonable consideration, among other things for s e character of'the district and for its peculiar suitability ar particular uses, and with a view to conservingg the value of :;ne buildings, protecting human lives, and encouraging the most appv,- prlata uses of land for the maximum benefit to the City of uentan, Texas, and its citizens. SECTION III. That this ordinance shall be in full force and effevt Lmmedia;. 1y after its passage and approval, the required public hearings h~,vr ,:,q heretofore been held, by the Planning and zoning Commission anc. ',e City Council of the City of Denton, Texas, after giving due na::ae thereof, PASSED AND APPROVED this the day of , 1963. RICHARD FS , CITY OF DENTON, TEXAS ATTESTi CHARLOTTE ALLEN, CITY SECRETAR'L CITY OF DENTON, TEXAS APPROVED AS TO LEGAL F'ORMs C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON; "TEXAS' " PLANNING AND ZONING COMMISSION RECOMMENUATION TO THE CITY COUNCII• To Denton City Council Case No. Z-1567 Gate: April 5, 1983 GENERAL INFORMATION Applicant: William S. Nash P. 0. Box 1552 Denton, Texas 76201 Status of Applicant: Owner Requested Action: Change in zoning from single family (SF-7) and PU-24 to the planned development (PD) classification for the following land uses: 1. Greenbelt area on 4.026 acres. 2. Single family (SF-7) on 1.65 acres. 3. Multi-family (MF'-R) or fourpleses on 5.0 acres. 4. Two family (duplexes) on 8.5 acres, Location and Size: The property begins at the northwest corner of Windsor and Stuart. The original request encompassed 19.176 acres. The present request involves 15.15 acres. Existing Land Use: Vacant Surrounding Land Use and Zoning: North - Vacant, drainage channel, sin le family residential; SF-7, 8-151, Agricultural South - Vacant, Windsor Village Apartments, Benchmark Villas Condonvinimums, Windsor Drive; PD-25A, PD-251 PD-24 Last - Stuart Road, singlf: family residential; SF'-7 West - Windsor Village Apartments, vacant; PD-25A, PD-24 Denton Development Guide: Area is designated as low intensity, ('L-1567) Page 2 SPECIAL INFOKMATiON Transportation: This site has immediate access to Windsor Drive and Stuart Road, both are designated as secondary arterials by the approved thoroughfare plan. Physical Characteristics: Vegetation consists of grass with some scattered presence of trees, The southeast portion of the property lies in the iloodplain and a drainage ditch and drainage channel are located with- in the boundaries of this property. Public Utilities: Adequate public utilities are avail- able for extension to this site. i ANALYSIS 'T'hree residential planned development (PU) districts exist in the bell Avenue-Windsor Drive-Stuart Koad area (PD-24, PD-25 and PU-25A). An attempt was made to compile a thorough account of the zoning history of these residential planned developments but there have been far too many changes and amendments througgh the years and documentation has been less than adequate. Staff's approach to evaluating this present request will be to consider each of the land use proposals independently and access their potential impact on the area, as well as, rate the uses in accordance with Development Guide policies. Total land area for this request is 19.176 acres, A 4.026 acre portion presently lies within the boundaries of PD-24 and the balance of the property is zoned single family (SF-7). Origgi- nally, this request included a proposed change from greenbelt to two family use on the above mentioned 4.026 acre parcel. This greenbelt area was used as a major selling point when the ori- ginal PL) that allowed development of the Windsor Village Apart- ments was approved. Staff feels that the need for open space or green space still remains today and the petitioner was reminded that an oarlier committment that excluded this 4.026 acres from any future development was made. Upon being advised of major objections, the petitioner requested that the proposal for two family (2-F) development- on the greenbelt property be deleted from the zoning change petition. The Planning and Zoning Cow- mission acceptea the proposal to revise the petition and retain the 4.026 acre parcel as greenbelt. Property actually proposed for development totals 15.15 acres. (Z-1567) Page 3 ANALYSIS CONTINUED It is felt that the most sigt,ifieant element of this zoning change petition involves pro erty that is currently zoned SF-7 and proposed for fifteen (15~ tMF-R lots. If approved as sub- mitted, sixty (60) multi-family units could be developed on this five (5) acre tract at an average density of 12 units per acre. This is considerably lower than standard IMF-1 developuent. When multi-family development is proposed in a low intensity area the following conditions should be applied when evaluating the request: 1. The development should have major street access (the intent is to limit access through low density housing). A network of internal residential streets will be required when this property is subdivided and developed. The in- ternal streets will connect with Windsor Drive and Stuart Road,, (improved secondary arterials). Staff is studying the proposed future alignment of Bell Avenue and its potential effect on the northwestern edge of this tract. 2. Desirable to have access to pedestrian, bike,scooter and public transportation. 't'here are no sidewalks along Stuart Road or Windsor Drive, A bike path does exist along the west side of Stuart Road, 3. To have strict site design review for all projects within one block of existing single family dwellings. The intent is to protect existing housing with good transition, screen- ing, open space, landscaped front yards and general develop- ment standards that would be compatible with nearby resi- dences. This is a request for PD zoning. if the overall concept is approved, the Planning apd Gonin= Goramission and City Council can attach specif.^ development conditions. Review and approval of a detailed ite plan for each lama use area will e required as future development occurs and prior to issuance of building permits. The concept plan does exhibit adequate intensity gradation or buffering with duplexes pro- posed between existing single family houses north of the site. A row of single family housing and additional du- plexes would exist between the fourplex area and the west side of Stuart Road. Zoning for duplexes, fourplexes, the Windsor Village Apartments and the greenbelt area exist south of the proposed five (5) acre fourplex section. The property to the west is principally agricultural (A). a (G-1567) Page 4 ANALYSIS CONTINUED 4. It is desirable for multi-family development to bo located adjacent to floodpluins, greenbelts or large open space areas, This condition can be met if the 4.026 acre greenbelt area in PD-24 is retained for greenbelt, use. 5. The overall neighborhood density and intensity standard should not be violated. A detailed study has not been done but it is staff's opinion that this proposal is within the density/intensity standards for the overall area, VEHICLE TRIPS IF' PROPERTY DEVELOPS AS CURRENTLY ZONED 15.0 acres of SF-7 x 4 units per acre . . , . , . , , 60.6 units (approx,) 60.6 units x 9.9 trips per dwelling, = 599.94 vehicle trips VEHICLE TRIPS IF PROPERTY DEVELOPS AS PROPOSED 6F-7 on 1.65 acres x 4 units per acre x 9.9 trips per dwelling . . . , 65.34 trips 2-F - 56 proposed units (28 duplex lots) x 9.5 trips per dwelling , , , , , = 532.00 trips MP-R 60 proposed units (15 fourplex lots) x 8 trips per dwelling = 480.34 trips Total . , , . , . , . 1,077.34 trips 6. Existing streets and other public facilities should have adequate safe capacity to serve the development, Windsor Drive and Stuart Road have adequate capacity to serve this development. Adequate public utilities are available to serve this site. 7. Apartmom t locations that buffer other high intensity uses are desirable. This proposal is not adjacent to other high intensity uses. (Z-1567) Page 5 ANAYLSIS CONTINUED 8. Apartment units are not to be concentrated in one area. A guideline for this policy is on ideal development with less than 200 units, but no more than 500 units concentrated in a low intensity area. POTENTIAL HIGH DENSITY DEVELOPMENT WITH PRESENT ZONING (Area ex a on - ap Windsor Village Apartments - 116 multi-family units allowed benchmark Villas (South side of Windsor - PD-25,1) - 28 condiminturn units allowed Fourplexes in PD 25A - 68 units Total - 212 units POTENTIAL HIGH DENSITY AVELOPNhNT WITH PROPOSED ZONING Windsor Village - 116 units benchmark Villas - 28 units PD-25A - 68 units * 5 acres proposed Mr'-R - 60 units Total - 272 potential multi- family units K It is not felt that the 60 additional fourplex units will negatively impact this area or violate the policy discour- aging large concentrations of multi-faniily development it low intensity areas. The multi-family section satisfies Development Guide conditions, criteria, and policies govern- ing multi-family development in low intensity areas. The proposed change from single family (SF'-7) to duplexes on the 8.5 acres south of the drainage channel is a reasonable re- quest. There are many examples of the compatibility of duplexes and single family housing existing both in Denton and other localities. The recent trend of individual sale and ownership of each duplex unit is also positive and many duplexes are actually functioning as single family land uses. (Z-1567) Page 6 SUMMARY This re nest actually represents a proposed chance from single family ~SF-7) to 2-F and MF-K on 19,176 acres. t is 2 1t that the 4.026 greenbelt area should be retained and not developed. The five (5) acrd MP-R section complies with Development Guide conditions reggarding multi-family development in a low intensity area. The $.5 acres proposed for duplex use is also compatible with applicable policies. Conditions that will protect adjacent single family housing can be attached because this is a request for PD zoning. RECOMMENDATION The Planning and Zoning Commission recommends approval of Z-1567 with the following conditions by a vote of 6-00 1. The property shall be subdivided in accordance with the approveu concept plan and shall conform to all City of Denton Subdivision Regulations prior to issuance of building permits. 2. All zoning ordinance requirements and building code stan- dards for duplexes or two family land use shall be applied to the duplex sections of the approved planned development (PD). 3. No development will be permitted on the 4.026 greenbelt- area. 4. Density requirements, parking, and other City of Denton zoning ordinance and building code standards shall govern all MF-R development within the planned development; how- ever., landscaped front yards comparable to surrounding single family and two family land uses shall be provided on all MF-R lets and no parking shall be permitted in the front yards of any MF'-R development. 5. Any and all drainage concerns associated with development within this PD must be solved to the satisfaction of the City of Denton engineering staff at the developer's general expense prior to final approval of any subdivision plats or the Issuance of any building permits or certificates of occupancy. (G-1567) Page 7 RECOMMENDATION CUNTINUEU 6. Internal street alignments and design is subject to revision and final approval by the City of Denton during detailed site plan review and/or subdivision proceedings. 7. The Planning and Zoning Commission and City Council must review and approve a detailed site plan for any development that occurs within the approved planned development (PE) prior to issuance of building permits or certificates of occupancy. 8. Maximum number of fourplex units shall be 60. 9. Maximum number of duplex units shall be 56. 10, Single family tevelopment shall be permitted on any property designated for duplex use without an amendment to the PD ordinance; duplexes shall be permitted on any property designated for fourplex (NF-k) use without an amendmenL to the approved PU ordinance. ll. That a sidewalk be constructed in the right-of-way along the south aide of Windsor, beginning at the southwest corner of Windsor and Stuart and extending west along Windsor for a distance equivalent to that of the frontage of a 4.026 acre greenbelt area adjacent and north of Windsor Drive (approxi- mately 430 feet from Stuart Koad to western boundary). The sidewalk shall be constructed in accordance with City of Denton subdivision regulations proposed for 1983 adoption and shall be l:uitt when 25 percent of the lots in this planned develc paaent are sold. AL`1'ERNATTVLS 1. Approve petitipn with conditions. 2. Approve petition without conditions, 3. Approve petition with additional conditions. 4, Deny petition. 5. 'T'able for future consideration. AI" I'ACHMbNTS 1. Aerial 2. PU concept plan 3. Property owner list 4. Reply form total 5. Planning and Zoning Commission minutes of meeting of March 9, 1983. v y' I , }7~' 1/4 r •r~' '~t r. 1 i~ ! ( I, l a 1. r 111 a 5 r 1 ,,,:r r,. v , tf~ j1_1 V l 5 d I` ~r ,P t,l't4ra' Ll ~i , 14 ' SS)i ki t~ 1lr rEti S iio Cllr ~JIj ' I E~I r 1/r~r E,~ 1 ( trl rl r ,Y ~ Y ( t Ai i ' 4 AS~,~11''1 rill 1 i' ,r { r. 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'ANIL) 96 .i2,4 f L SAPQ !r tr _ t~cx_ rl~tl Ilplr~,rrr ')6.2A r /Z1 r ALI #4 /1 t.r n f76 ?o t~ ' 1 ~r~r7 r` .`i~~+/i~ r 1rPr'~tr1Gl. /"FrS~'~F'~.irr'~--C'~~r~ttli Al A1101 1111) P P, /r _ _Y _ ~C rl W • l~t)I r?e f.5i ~~i DPit IAlt.`r PROPERTY OWNER REPLY FORMS ` CITY COUNCIL • Z~1567 IN FAVOR IN OPPOSITION UNDECIDED Jack Bell David Lawson Node Received 308 Dallas Drive 1407 Stuart Denton, Texas Denton, Texas 382-6611 382--7735 Terrell W. King Patricia Montgomery 14'23 & 1501 Stuart Rd. 2002E Woodbrook Denton, Texas Denton, Texas 382-9691 Mr. & Mrs. George Davis Cumberland Presby, Ch. 1505 Stuart Rd Robert D. Rush Denton, Texas 1424 Stuart 566-6486 Denton, Texas 387-6811 Becky J. Soodgame 704 Aspen Grant Jacobson Denton, Texas Universal Dev. Co. 382-6157 P. 0. Box 2455 Denton, Texas Richard W. Fielder 3878502 520 Aspen Denton, Texas Gran't-Jacobson 382-0334 Hive Inc. P. 0. Box 2455 Henry N. Tucker Denton, Texas 1312 Stuart 387-8502 Denton, Texas 566-4637 Robert Hill, III and Barbara Hill 524 Aspen Denton, Texas 382-6227 Mrs, Richard Westling 528 Aspen Denton, Texas *Henry Barlow 105 Parkway East Denton, 'texas 367-3030 * opt-),,sod to development in greenbelt area, which has been deloted by developer, LNtinutes Planning and Zoning Commission March 9, 1983 Page 4 C. Z-1567. This is the petition of William S, Nash te- quest ng a change in Zonin from single family (SF-7) and planned development (PU-24 to the planned evelopmetint (PD) classification on an approximately 19.176 acre parcel beginning at the northwest corner of Stuart and Wirid sor and extending approximately 1150 feet `northward and ter- minating approximately 230 feet south of Aspen Drive. If ap roved, the planned developmerib (k~D) will permit the fo lowing land uses; Two-family (duplex) - on 4.026 acres presently desig- nated for greenbelt use in PD-24 (Deleted from proposal at the request of the petitioner.) Single family (SF-7) on 1.65 acres Multi-fancily (MF-R) or 4-plexes on 5.0 acres presently zoned single family (SF-7) Additional two family (duplexes) on 8.5 acres presently zoned single family (SF-7) Mr. Ellison explained reqquest stating that petitioner, after reviewing the staff's recommendation, has withdrawn the portion of his application pertaining; to proposed duplexes in the 4.026 acre area which was designated as a greenbelt in PD-24. lie said that 32 notices were mailed to property owners, seven reply forms were received in favor, no reply forms were received in opposition. Bill Nash, etitioner, stated they are requesting a PD for single amily, duplex and multi-family development as existing development for single family housing in area is riot selling. Ile said that Stuart Road appears to be the dividing line; they are on the west side of Stuart, can the east side of Stuart houses seem to be bigger and higher priced. He said they are not successful in selling single family housing here, that there tire vacant lots still existing after 5 years, and that some single family rouses had to be sold as rent houses, others had to be discounted in order to sell them. Those lots allocated for zero lot line development on Stuart did not sell either. They feel that with duplex lots for individual wile there will be a saving in building; and development cost; they feel. there ~ is a market for these available to them. On question, he said he would like to pre-sell 20 to 30 .lots, then he would be able to develop the property himself. He said he doesn't want to build rent houses, that modular home nut es Planning and Zoning Commission March 9, 1983 Page 5 people hcd approached him but he didn't care to, develop within that concept; howev<<,:, he does need to develop the tract. Mr. Sidon suggested leaving more than four single Family lots and Nc. Nash repeated that there is no mae~oi~t for single family houses at this location. He said that proposed duplex land is separated from single family area by'the drainage channel. Chairman asked about sidewalk requirement in original PD and Mr. Nash said that side- walks were required along Stuart for use of children walk- ng to school, that when apartments were developed on Windsor it was his understanding that sidewalks were going to be developed but construction was being held up await- ing a bridge over the channel. Chairman asked staff to check into existing PD ordinance, stating that he would like to encourage sidewalks under PDs. Don Pearson stated he concurred with Mr. Nash, that there is no market for single family housing at this location. He said he built the houses that had to be sold for rent houses. No one appeared in opposition to the request. Mr. Ellison continued staff report stating that area is designated as low intensity area, that site has imm ediato access to Windsor and Stuart, and that adequate public utilities are available. Ile addressed the sidewalk issue by advising'that under proposed subdivision regulations tk~eve is a provision for sidewalks along collector and arterial streets. Ile said that Planning and Zoning Com- mission could attach a condition requirin a sidewalk if the PD is approved. Ile advised that stafT felt that the greenbelt area should be deleted from request and peti- tioner had agreed to do so. He emphasized that the 4.026 acre area should remain as open space. He continued that' staff recommends approval of the re- quested 1.65 acre single family area as single family is the predominant land use for low intensity areas. He addressed the 5 acre L'IF-tl request staging that addi- tional duplex and muiti-family areas are in place and not a part of this development, that duplex area serves as a buffer to single family area, Ile explained that proposal does not violate density and intensity standards for over- all area. Ito further explained that if roperty is devel-, oped as presently zoned, there will be 5 9.94 trips/day; if developed as proposed, 1017.34 trips/day. Staff feels this is an acceptable increase. Ile said that if property is developed as presently zoned, there could be 212 units; that with proposal, potential is 272 units. Staff does not Minutes Planning and Zoning Commission March 9, 1983 Page 6 feel this would negatively impact: the area. Chairman: asked how evaluated area is determined and Mr. Blliso*m replied there is no technical answer; that natural plan- ning boundaries such as thoroughfares, arterials, drainage .channels, etc. are cons'idered,.that area is defined aAan a case by case basis. He said staff's definition of this area is that it does not include a concentration of mwltt family. He said that the requested duplex area would provide a buffer from multi-family to single family area and s¢aff recommends approval of the 8.5 acres of proposed duplexes; that the 4,426 acre area is recommended to remain as open space. He concluded that request complies with standards of development Guide and start recommends approval subject to conditions. The 4 acre greenbelt area was discussed with questions about maintenance, about possibility of dedication for park, and about possibility of requiring developer tco designate area for playground for his development. Mr. Ellison replied that dedication for park purpose;S had not been discussed to his knowledge, that it was his understanding that city has all it wants; that maintenance could be controlled by code enforcement officer. Sidewalk issue was again discussed and Mr. Ellison s,- ,.g-Bested that requirement be attached to PD If the Planning and Zoning Commission so desired. Statement was made that when Windsong Village was approved, agreement was retched between city and developer that when he finished the second half of his development he would install sidewalks along south side where traffic would be. Chairman sug- gested that Mr. Nash also provide sidewalk. Discuss von followed and Mr. Nash agreed to build a sidewalk on mouth side for the distance of his frontage, pointing out that he does not own property on south side and therefore side- walk would have to be constructed in street right-or-way. He said he would rather wait until he had sold at least 30 percent of his lots to build the sidewalk. Mr. Claiborne asked about conditions in this area during the last heavy rainfalls and Mr. Nash said some of streets in the area were impassable but no houses were flood Gd. Mr. Clark advised that there was no major tlooding after drainage improvements were made. Chair declared public hearing; closed. Minutes Planning and Zoning Commission March 9, 1963 Page 7 Chairman commented that he is aware that single family houses are hard to sell at this time and that he does not think 60 more units would make the area that much mor e intense. He said he intends to vote for proposal. Mr. Sidor stated that he felt proposal:, was best use of the land and moved to recommend approval of Z-1567 subject to the following conditions: 1. The property shall be subdivided in accordance with the approved concept plan and shall conform to al I City of Denton Subdivision Regulations prior to issuance of building permits. 2. All zoning ordinance requirements and building cad e standards for duplexes or two family land use shall be applied to' the duplex sections of the approved planned development (PD). 3. No development will be permitted on the 4.026 green- belt area in PD-24 and the request for duplex use on this property shall, be deleted from the PD concept plan before final approval is granted. 4. Density requirements, parking, and other City of Denton zoning ordinance and building code standards shall govern all k*'-R development within the planned development; however, landscaped front yards compar- able to surrounding single family and two family land uses shall be provided on all W-R lots and no parking shall be permitted in the front yards of any MF-R development. 5. Any and all drainage concerns associated with development within this PD must be solved to the satisfaction of the City of Denton engineering staff at the developer's general expense prior to final approval of any subdivision plats or the issuance of any building permits or certificates of occupancy. 6. internal street alignments and design is subject to revision and final approval by the City of Denton during detailed site plan review and/or subdivision proceedings, 7. The Planning and 2.oning Commission and City Council must rev Lew and approve a detailed site plan for any development that occurs within the approved planned development (Pb) prior to issuance of building permits or certificates of occupancy. Minutes Planning and zoning Commission March 9, 1983 Page 8 8. Maximum number of fourplex units shall be sixty (60). 9. Maximum number of duplex units shall be fifty-six (56). 10. Single family development shall be,perwitted on any property designated for duplex use;,Mithout an amend- ment to the PD ordinance; duplexes 'shall be permitted on any property designated for fourplex (MF-R) use without an amendment to the approved PD ordinance. 11. That a sidewalk shall be constructed in the right- of-way along the south side of Windsor, beginning at the southwest corner of Windsor and Stuart and extend- ing west along Windsor for a distance equivalent to that of the frontage of a 4.026 acre greenbelt area adjacent and north of Windsor drive (approximately 430 feet from Stuart Road to western boundary), The side- walk shall be constructed in accordance with City of Denton subdivision regulations proposed for 1983 adop- tion and shall be built when 25 percent of the lots in this planned development are sold. Seconded by Mr. Escue and unanimously carried. (6-0) D. Z-1568. This is the petition of H. J. and Ann Minton re- questTng a change in zoning from single family (SF-7) to the office (0) classification on a 0.'486 acre tract lo- cated at 1600 and 1608 Bernard Street and 702 Stemmon s. Mr. Ellison explained request stating that proposal is for straight office zoning, not for a planned development. He said that seven notices were mailed to property owners; one reply form was received in favor, no reply forms cdere received in opposition. Bill Smith said he is attorney representing dlr. Joy Yarbrough who has a contract to purchase the property con- tingent on zoning. He said there are two frame houses on property, one .frorting on Bernard Street which would re- main pis a rent house and one fronting on Stemmons (I-35 service road) which would be added onto to make a single story brick office building to be used as .a real esta t e office. He presented plans showing proposed additions and photographs of existing houses. Mr. Smith continued that across Lindsey to northwest is a large commercial build- ing; across Bernard to southeast is the Grace 't'emple Bap- tist Church, and acrons I-35 is motel and Broken Spoke. Sdillla11 ;3, Ni i ih NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED A$ AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 691, AND AS SAID MAP APPLIES TO APPROXIMATELY 19.176 ACRES OF LAND, MORE OR LESS, OUT OF THE B,B,B1 Z C,R.R, SURVEY, ABSTRACT NO. 1861 AND DECLARING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS, SFfCTXON I, The Zoning Claselfication and Use designation of the follow- ing described property, to-wit: All that oertain tract or parcel of land situated in the B,8,8. & C,R,R, Survey, Abstract No, 186, Denton County, Texas, being a pLct of a tract deeded by J. T. Ables to Mrs, H. D, Roberta on the lat day of March, 1957 recorded in Voluine 367, Page 607, Deed Records of said County, and being more fully described as follows, COMMENCING at the southeast corner of said Ables tract; THENCE north 00915120" east with Stuart Road a distance of 793,31 feet to an iron pin and the point of beginning; THENCE south 82°45112" west along the north right of way oe Windsor Drive a distance of 103,97 foet to an iron pin; THENCE around a curve to the left with said right of way the chord of said curve bears South 19018136" west a distance of 204.44 feet a distance of 204,57 feet an iron pin) THENCE south 75452100" west with said right of way a distance of 118,47 feet to an iron pint THENCE north 01°20129" west a distance of 386,98 feet to an iron pin) THENCE north 88039131" east a distance of 60.00 feet to an iron pin; THENCE north 01°20129" west a distance of 128.13 feet to an iron pins THENCE around a curve to the left, the chord of said curve bears north 65051127" east a distance of 106.48 feet, a distance of 106,99 feet to an iron pin) THENCE around a curve to the right, the chord of said curve bears north 72051137" east a distance of 152.96 feet, a distance of 155.14 feet to an iron pin) THENCE south 00015120" west a distance of 319.77 feet to an iron pin) THENCE south 89044140" east a distance of 130.00 feet to an iro.t pin at Stuart Road; THENCE south 00015120" with Stuart Road a distance of 204,69 feet to the point of beginning and containing 4,026 acres of land. PAGE ONE All that certain track or pacoel of land situated in the B.B.B. 6 C.R.R. Survey, Abstraot No, 186, Denton County, Texas, being a part of a tract, deeded by J. T. Ables to Mrs. H, D. Roberts on the 1st day of March, 1957 recorded in Volume 367, Page 607, Deed Records of said County, and being more fully described as followst BEGINNING at the northwest inner 911 corner of said Ables traot; THENCE south 89043119" west a distance of 312,38 feet to an iron pint THENCE north 00056126" west a distance of 260,95 fuet to an iron pin; THENCE north 75013118" east a distance of 592.58 feet to iron pint THENCE around a curve to the right the chord of said curve bears south 78°13'53" east 492.09 feet a distance of 510,14 feet an iron pint THENCE south 40022129" west a distance of 101.98 feet to an iron. pin; THENCE south 51041105" east a distance of 238,44 feet to an iron pint THENCE south 00409137" west a distance of 321,74 feet to an iron pint THENCE south 85643123" west a distance of 24.52 feet to an iron pin; THENCE around a curve to the left, the chord of said curve bears south 74053148" west 116.79 feet, a distance of 119.50 feet to an iron pint THENCE around a curve to the right, the chord of said curve bears north 17132150" west $4,78 feet, a distance of 54.84 feat to an iron pint THFINCE south 88439131" west a distance of 829.30 feet, to an Jron pint THENCE north 01020127" west a distance of 237.10 feet to the point. of beginning and containing 15,14 acres of land. Is hereby changed from single Family "SP-7" and Planned Development "PD-24" District Classification Use to Planned Development District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas, subject to the follo-,ing special conditions and restrictions, to-w'tt 1. The property shall be subdivided in accordance with the approved concept plan and shall conform to all City of Denton subdivision Regulations prior to issuance of building permits, 1. All zoning ordinance requirements and building code standards for duplexes or two family land use shall be applied to the duplex sections of the approved planned development (PD), 3. No development will be permitted on the 4,026 greenbelt area. PAGE. T14G 4. Density requiroments, parking, and other City of Denton zoning ordinance and tuilding code standards shall govern all M8-R development within the planned development) however, landsoaped front yards comparable to surrounding singg to family and two family land uses shall be provided on all MF-R Iota and no parking shall be permitted in the front yards of any MF-R development. S. Any and all drainage concerns associated with development within this PD must be solved to the satisfaction of the City of Denton engineering staff at the developer's general expense prior to final approval of any subdivision plats or the issuance of any building permits or certificates of occupancy. 6. Internal street alignments and design is subject to revision and final approval by the City of Denton during detailed site plan review and/or subdivision proceedings. 7. The Pl&ining and Zoning Commission and City Council must review and approve a detailed alto plan for any development that occurs within the approved planned development (PD) prior to issuance of I>uilding permits or certificates of occupancy. 8. Maximum number of fourplex units shall be sixty (60). 9. Maximum number of duplex units shall be fifty-six (56). 10. Single family development shall be permitted on any property designated for duplex use without an amendment to the PD ordinance) duplexes shall be permitted on any property designated for fourplex (MF-R) use without an amendment to the approved PD ordinance. 11. That a sidewalk be constructed in the right-of-way along the south side of Windsor, beginning at the southwost corner of Windsor and Stuart and extending west along Windsor for a distance equivalent to that of the frontage of a 4.0'6 acre gteenbelt area adjacent and north of Windsor Drive (approximately 430 feet from Stuart Road to western boundary). The sidewalk shall be constructed in accordance with City of Denton subdivision requlatlons proposed for 1983 adoption and shall be buiir, when 25 percent of the lots in this planned developmLrc are sold, The Zoning Map of the City of Denton, Texas, adopted the l(th 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 Distri•,:t Classification and use subject to the above specified special conditions and restrictions. SECTION I1. 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, as;:,ng 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, protectf.nq human lives,' PAGE_THREE and onaouraging the most appropriate uses Of land for the maximum benefit to the City of Denton, Texas, and its citizens. UIR',S S 0 N I . 'Chat this ordinance shall ba in full force and effect immediately af~sr its passage and approval, the required mblic hearings having heretofore boon 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. MUR d. S ' , MAYU CITY OF DENTON, TEXAS ATTESTI CHARLOTTE ALLM7CITY ~uECRETA lR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FOR.Ni C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BYr PAGD FOUR 3 f•-, i --1--T--ri W~4 0 MOO I$T[ 4 z poop fter' / r rr'-'~ } } IJ6~ -40 l r.k~~a rfua~L Aluril.. ~`r h*I I._,..`... "jam} •1". 1 1 .1 ~.Irk~ovrN } 1 I~c a I ,s` o \ S r; -1 14 }r I r`Y -.•Uv ~,ti,~ I l~ 11. Ir,i~j...•. Ilk( 1 H A~dtln1r J ' ~{\P If I l N+ OAMODUY -/lit u'S tl I L ,ar' N r Qr i 1 i 7`rT r 7 ` NI T INIPO eoy08 j~h{ y `API -AVAMI MINIM AunB _ Wry ii n1~~i • IY`r`."`Ti fl1 P Cn N•.Ui UHi tNOUrtIMI ~ /.5r 7;'if': ( rt ~'~O'I "4L"• 1,~ i .rlr r I.` MrH 11aA5 rX 01 PLANNING AND ZONING COMMISSION RLCUMMENUATIUN TO THL CITY CUUNCIL TO Denton City Council Case No. G-1568 Date: April 5, 1983 GLNLKAL INFOWAATION Applicant: Ann and H. J. Minton Hilltop Road Argyle, 'T'exas 76226 Status of Applicant: Owners Requested Action: Change in zoning frOtl) single family (SF-7) to the office (O) classifica. Lion. Purpose: Location and Size: 702 Ste!wnons and 1600 and 1608 Bernard (two lots beginning at the northwest corner of the I-35 Service Road and Bernard StreeL) Lxisting Land Use; Single family residential on both lots Surrounding Land Use and Zoning: North - Single family residential; SF-' South - 1-35 Service Road East - Denton Baptist Temple, vacant; SF-7, W-1. West - Single family residential, commercial; SF-7, C Denton Development Guide: Area i.s designated as moderate intensity. ANALYSIS There are specitic development guide policies and practical factors associated with this request that would support a recom- mendation of approval for otfice use at this site. Conversely, there are often stated concepts, philosophies and olicies that would place this request on the negative side of t~e rating (G-1568) Page 2 ANALYSIS CUNTINUED scale because there is an obvious lack of detailed plannin,, This property is located in a moderate intensity area, Mohrate intensity areas are projected to accommodate a mixture of land uses that are balanced and diverse, The Bernard Street area from Eagle Drive to I-35 is encountering an increasing amount .:3 pressure for upzoning and more intense land uses, In recent weeks, staff has responded to several inquiries that will un- doubtedly result in petitions for upzoning along Bernard Street. Although this is a moderate intensity area, there are cwo majo- staff concerns with additional intensity in this area the ability of Bernard to handle additional traffic, and preserva- ti.on and protection of existing housing stock. Developments and redevelopments in fragile residential areas should be closely scrutinized, well conceived, and subject to detailed site plan review. An office use at this location would represent diversity because. none exist in this immediate vicinity. The development guide does recommend that high intensity uses provide intensity graca- tion or buffering when adjacent to existing low density residen- tial uses. A transition from single family housing to office does not represent effective intensity gradation, but a request for office zoning along a major thoroughfare is much more con- servaLive than one for commercial or retail. A corner site t^aL abuts 1-35 lessens the possibility of local streets being se- verely impacted and utilized for general traffic circulation to other high intensity developments. There is no way to evaluate internal circulation patterns without the benefit of site devel- opment plan, An office development of considerable size and scale could be developed on Ws tract if unrestricted office zoning is ap- proved, The residence that fronts on Bernard (1608) appears to be in superior condition when compared to the one that fronts on btemmons (702); residential properties to the north and west together form a well kept clu8ter of single family housing that deserves the highest amount of protection. The request for oven office zoningg does not insure strict site design control that is associated w.t h a well conceived development. Landscaping, Ven- erous front, side, and rear yards, and specific site design sLandares that would create an overall development that will -~e compatible with surrounding residences might work tit this site it: submitted in the form of a planned development (1'D). (Z-1.568) Page 3 ANALYSIS CONTINUED During its review and evaluation, staff explained the concept of PU zoning to the prospective developer, and subsequently In- formed the Planning and Zoning Commission that development Gui,~2e policies could support an office use at this site If specific development plans were reviewed and approved by the Planning an: Zoning Commission and City Council. [tepresentatives of the pe- titioners discussed specific development plans with the Planning: and Zoning Commission during the public hearing held on March 'Y. 1983, but there has been a resistance and reluctance to submit development plans for technical review in conjunction with PD zoning. rho Planning and Zoning Commission indicated that an office use at the subject site would be acceptable if planned and controlled so as to provide some protection for abutting single family residences. The Planning and Zoning Commission also explained that verbal eommittments to develop a property in a specific manner does not provide the approving authorities with necessary guarantees, and planned development zoning Is t;e only method of controlling the specific nature of a development. It was further explained that the City of Denton zoning struc- ture would permit multi-family development: or any other per- mitted land use in an open office zoning district, The request was denied by the Planning and Zoning Commission, however, the prospective developer was encouraged to come back with a speci- fic plan in conjunction with a planned development (PD) zoning; request. The decision of the Planning and Zoning Commission did not affect the reluctance of the petitioners to choose the pinnneJ development (PD) option and an appeal to Che City Council was requested. SUMMARY This is a moderate intensity area and an office use would add mixture and diversity to the neighborhood, Traffic planning could be another positive factor given tho site's inunediaLe access to 1-35 and its corner location, The major problem is the request for unrestricted office zoning that provides no opportunity to control the specific nature, Scale and scope of the development as part of an effort to protect adjacent residences. (L-1568) Page 4 RLCUMMLNDATION The Plannin and Coning Commission recommended denial of Z-1563 by a vote o~ 5-1 at its meeting of March 9, 1983. ALTERNATiUE:S 1. Approve petition. 2. Deny petition. 3. Modify to I'D and require a site plan. 4. Table for future consideration. AT1'ACHIM NTS 1. Aerial ` 2. Reply forms total 3. Property owner list 4. 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Ito- 1,}.1. ,ly!' n 1~ l~'),1 r} s~5 1 !11 i~}0.fb,~. 71 T Y 1'~ 1 t~ V :;'f7f a1 H '!i dta{A,~,1 r1/ .y: 5yj! ty, 1}1 ~ ~+1~~ 1 l!'r ~ V t 1 ,jL11"gY '1 ~i 1 JI ~i5 1(~ ~PF[ I!x'I`,~ ,~LI ~ l (~I YI ~ rx lr~i s~^ : 1 'h+' ~'+1 ~Yi ~ 1 I! ~ I 1~1 d f y ~I 1~r9 ~N~ ~ik,'Ht rr r{~ !a ~ 9 J'~r114 ~t 1 r1 1 X11 YI Cr}°1 i , 1 .1 I o Y 1 ! ,1 41 I c , it 1'.i 7 r, ~f.. :.o M ,4 PROPERTY OWNER REPLY FORMS CITY COUNCIL 2-1568 IN FAVOR IN OPPOSITION UNDECIDED J. M. Jones None Received None Received 901 Lindsey Denton, Texas 38`7-0455 Ann Minton Route It Box 242A Argyle, Tx 76226 565-2194 Joe Belew Box 1188 Denton, Texas 367-1700 t Y ti ~ ~,11t fr ~1 ! / Yn n N S f / ' ,1Jl 7 ~G! N . M 11 9oq s , :`t, ors pphlU S' 7C~ 5 Pln> 5 J, AIMO) 312 ~r9 ~ I r / ~ Apr! ,,C~. e~rt'f.,n f.R~rn9r'sf' ~'eln.,le r t rr,{ tl Y It 7i !h ~S_Lc'1~CGI ~P,rT~rt r2~ 1 _____:___~_--r a • r'~~ ! 1. in,r.SF~lj•.~.. ._I f'ti _.._.1..iQfot 4~1 Minutes Ptanning and Zoning Commission March 9, 1983 Page 8 8. Maximum number of fourplex units sha11 be sixty (60). 9. Maximum number of duplex units shall be fifty-six (56), 10. Single family development shall be permitted on any property designated for duplex use without an amend- ment to the PD ordinance; duplexes shall be permitted on any property designated for fourplex (Mt!-R) use without an amendment to the approved PD ordinance. 11. That a sidewalk shall be constructed in the right- o£-way along the south side of Windsor, beginning at the southwest corner of Windsor and Stuart and extend- ing west along Windsor for a distance equivalent to that of the frontage of a 46026 acre greenbelt area aCj:cent and north of Windsor Drive (approximately 430 feet from Stuart Road to western boundary). The side- walk shall be constructed in accordance with City of Denton subdivision regulations proposed for 1983 adop- tion and shall be bui t when 25 percent of the lots in this planned development are sold. _ Seconded by Nlr. Escue and unanimously carried. (6-0) D. Z-1568. This is the petition of H. J. and Ann Minton re- qu- estTng a change in zoning from single family (SF-7) to the office (0) classification on a 0.486 acre tract lo- cated at 1600 and 1608 Bernard Street and 702 Stemmons. Mr. Ellison explained request stating that proposal is for straight office zoning, not for a plannF:d development. He said that seven notices were mailed to iroperty owners; one reply form was received in favor, no reply forms were received in opposition. Bill Smith said he is attorney representing Mr. Joy Yarbrough who has a contract to purchase tL property con.. tingent on zoning. fie <aid there are two frame houses on property, one fronting on Bernard Street which would re- main as a rent house and one fronting on Stemmons (I-35 service road) which would be added onto to make a single story brick office building to be used as al real estate office, He presented plans showing proposed additions and photographs of existing houses. Mr. Smith continued that across Lindsey to northwest is a large commercial build- Ing; across Bernard to southeast is the Grace Temple Bap- List Church, and across 1-35 is motel and Broken Spoke. nu tes Planning and Zoning Commission March 9, 1983 Page 9 He said that proposal would be an improvement to propaerty and intended use would be consistent with surrounding bus- iness uses. He said he understood that there had been no written objections to request from adjoining residents. No one appeared in opposition to request. Mr. Ellison continued staff report stating that staff's major concern is that this is not a YD request, He said that proposed use is more conservative than a conunercial type use and that since property fronts on service r,:,ad it is conceivable that Bernard Street and other low intensity streets would not be impacted as much as if property was located in interior portion cf Bernard Street. He expres- sed concern that there is no protection for the cluster of existing attractive single family residences, stating; that staff feels that those remaining residential dwellin,f&s should be considered even though no has objected. On question, he said the concept of a PD was discussed -with Mr. Yarbrough but apparently he wants to request straight zoning. He further stated that staff is not saying -a PD would be recommended, that site plan would have to ba evaluated. Mr. Smith said they are not requesting a PD at this time as it is more restrictive than office zoning, that they are requesting straight office zoning. Chairman pointed out that with a PD, the city has mcre control over size of structure. He said it is his r-,eling that the people who live in those houses should hav.. some- body to be concerned about them. Mr. Smith pointed out that the property fronts on a major highway, that residents referred to had opportunity to state their views and have not responded. He said tna:: any offi,ze buiiding on the property would have to meet city specifications as to size, parking, etc. Mr. Sidor asked about screening to protect residences. Mr. Smith answered that no screening is proposed, t'ret they don't feel a brick building would be undesirable to look at. i41r. rleyer <iuoted from zoning ordinance other .less desir- able uses allowed in straight office zoning. Me. Smith suggested amending zoning ordinane to correct that V~os- sibility. Minutes Planning and Zoning Commission March 9, 1983 Page 10 t+r. Ulyai referred to lack of control on surrounding streets if office zoniiig is granted, advising that a 20 story office building could be constructed on the property. Chair declared public hearing closed. Ms. Mays stated that more control is needed and moved to recommend denial of straight office zoning as requested in `L-1568. Seconded by Mr. Escue. Vote was called; Aye - Cole, Escue, LaPorte, Mays, Sidor Nay - Claiborne Dlotion carried. E. S-167. This is the petition of the Cumberland Presby- terian Children's Homo requesting a specific use permit to allow expansion of the existing children's home at 1304 Bernard Street, The property is approximately 17.359 acres in size and begins at the northwest corner of Bernard and Greenlee. Mr. Ellison explained that intent. of s~eclfic use permit is to legitimize the existing children s home and also allow them to expand as their master plan projects without having to address the question of being a non-conforming use each time a building hermit is requested. He said that 24 notices were mailed to property owners; four reply forms were received in favor, one undecided reply form was received, no reply forms were received in opposition. James Gilbert, representing the Cumberland Children's Home, stated they are ready to proceed with another facil- ity and when a b 0 lding permit was requested it was sug- gested that they apply far a specific use permit, He said they would like to be legitimate and are requesting ap- proval. He said they do have a master plan that they pro ceed with as funds are available. No one appeared in opposition to the request. Mr. Ellison continued staff report stating that this has been determined to be an institutional use which requires a specific use permit in a single family zoned area. He said this was called to their attention and they are now requesting a specific use permit to make their use con- forming. It is a legal non-conform+.nb use as it has existed at this location since 1939. He said that appro- val of requested zoning would legitimize existing struc- tures and would permit new construction and expansion, giving the city control over scope of development. lie PLANNING AND ZONING COMMISSION KEGORMENUATiON TO THE CITY COUNCIL To: Denton City Council Case No. S-165 Date: April 5, 1983 GENLRAL INFORMATION Applicant: Allan Getz P. 0. Sox 1059 Lewisville, Texas 75067 Status of Applicant: Owner Kequested Action: Specific Use Permit for a mobile home park development in an agricultural (A) zoning district. Location: East side of Mayhill Road, adjacent and north of Andrew Corporation property. Size: Approximately 39.313 acres Lxisting Land Use: Vacant- Lxisting Zoning: LTJ (presently outside of City lirnita,) Surrounding Land Use North - Vacant, single fu:nily and Zoning: residential; ETJ South - Vacant, Andrew Corporation; ETJ E::st - Vacant; ETJ West - Single family residential, vacant; ETJ Land Use Plan: Area is designated as low intensity (5-165) Page 2 TRANSP0RTATiON There are approximately 277 mobile home stands (lots) proposed for this development at an average density of approximately seven (7) units per acre. it approved, trits development will generate approximately 1,634 vehicle trips per day, The perimeter iitreet paving ordinance of the subdivision reguL,i- Lions specifies that developers are to provide for improvement. to one-half of any unimproved perimeter streets that abut prop- erty that is to be subdivided. Mayhill Road abuts this propec:ti, to the west, is unimproved, and is subject to the perimeter street paving ordinance, Two abutting dirt roads to the north and east were ircluded in the annexation of this tract and wily be subject to the perimeter street paving ordinance requirements when platting occurs, The portion of Mayhill Road abutting the subject site is show-. as part of the proposed Loop 288 extension on the approved Cit^c of Denton 'T'horoughfare Plan. Loop 28$ is projected as a pprima.y major arterial that should transverse the city with four Lo S03 lanes and 80 to 120 feet of right-of-way. SPECIAL INFORMATION Public Utilities, Water., sewer, electrical, telephone and gas services are available for extension to this site. Preliminary and final plat approval is required. If approved, the mobile home park m,<st be developed In accordance with the City of Denton Mobile Home and Travel. 'T'railer Turk Ordinance. (S-165) 1'agg 3 ANALYSIS The proposed mobile home park site in Lnis request is located in a low intensity area despite its proximity to the Andrew Corpor- ation plant site, the City of Denton Sewer Plant and a proposed future landfill, There is scattered, primarily single family, development to the north and west and the majority of the immed- late surrounding property is outside the Denton City limits, Recent annexations have created the potential for increased city control of land uses and development in this area but this pro- posal is an example of continuing development activity that merits close attention, The site plan for the proposed thirty-nine (39) acre mobile home park shows approximately 277 mobile home stands or lots that are to be rented if the specific use permit is a proved, As stated earlier, the proposed density is approximat-e~y seven (7) units per acre; this density is compatible with Development Guide recommendations for land uses in a low intensity area, The site plan and specific use permit requirement gives the Planning and Zoning Commission and the City Council an opportunity to attach specific conditions that are deemed necessary and the mobile home park and travel trailer ordinance and subdivision r-,gula- tions guarantee additional review and site design contrc,_. A mobile home land use at this site would not violate Develop- ment Guide policies and would not be incompatible with sur- rounding land uses. A principal concern is the condition of surrounding streets and roads affected by this development. Based on technical information provided by staff, the Planning; and Zoning Commission recommends that the developer dedicate sixty (60) feet of right-of-way along Mayhill Road for the future extension of Loop 288. The right-of-way should be shown on the approved concept plan as well. as the preliminary and final plats. The current site plan does not provide adequate right-of-way along Maybil.l Road and the developer's attorney has indicated that the petitioners are opposed to dedicating the sixty (60) feet of right-of-way. The right:-of-way issue is sig- nificant. If the City Council decides to approve the specific use permit with the conditions recouunended by tha Planning and Zoning Commission, a revised concept plan reflecting sixty (60) feet of right-of-way along Mayhill Road should be submitted before adoption of the ordinance approving the specific use permit, (5-165) 4 Page RECOMM NIDATION The Plannin and Zoning Conunission recomends approval of S-165 with the foh owing conditions by a vole of 4-1; 1. The property shY,11 be developed in accordance with the City of Denton Mobile Home Park and Travel 'f'railer Ordinance, 2. A preliminary aid final plat shall be submitted in accor- danco with City of Gunton subdivision regulations, and approved prior to issuance of any building permits or cer- tiLicates of oceLpancy, 3, me approved site plan and preliminary and final plats must reflect sixty (60) leet of right.-of-way dedication along Mayhilf Koad, ALTERNATIVES 1. Approve petition with conditions. 2. Approve petition withouL conditions. 3. Approve petition with additional conditions. 4. Deny petition, { 5, Table for future consideration. ATTACHINIL;NTS 1. Aerial 2. Site plan 3. Property owner list 4. Reply form total 5, Planning and 'honing Commission minutes of meeting of January 19, 1983. 1 F , ` ±9rr L MI6, p r 1 l!' ,'*K tM1,~ .'`t f'Y`* agl p~~'I, Aji'l~fl' ►+.V' LPr 1 1: I lY ~ i 1 r'y' . 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S n r ~ lQl 7~'~0 11, A 114 AiAdt s c ax 1 ,rulis0,1' s. t:7 ]r:7f A e4t, li);Lh)) 16,6 A6 9 n e 76 ~Q Traaf ~1R A , LW A((VA;tl Rd ben LA.. 94 ag I ....r r.. _ .a vim. ti.. ' ,....~......LU....nr~......urrpw~...'..•r+. PROPERTY OWNER REPLY FORMS CITY COUNCIL S-165 IN FAVOR IN OPPOSITION UNDECIDED Allan Getz Roger C4 Sullivan P, 0. Sox 1059 Sulte 101 Lewisville, Tx 75067 2001 Bryan Tower Dalla,?,, !Poxes 75201 .l. f Minutes Planning and Zoning Commission January 19, 1983 Page 3 George Hopkins said he would like to join Mr. Sullivan in his comment. At this time, Mr, Hopkins gave Mr, LaForte a letter addressed to the Planning and Zoning Commission. Mr. Sidon asked if the tax payers would be pa ing part of the cost for impro,~ements to the dirt road? Greg Edwards answered not they have not in the past. tie said the devel- oper would be responsible for half and the owner of the property on the other side would be responsible for the other :calf. Tom Jester commented this annexation petition is by request; it was initiated by the City. Bill Nelson commented on the southeast corner of the Getz property there is a crook that goes through there. He said there is a drainages problem on that corner. He said if the road is annexed then we wiil have the drainage problem to deal with. Chair closed the public hearing. Mr. 5'dor moved to leave the road in the annexation. Sec- orided iy Mr. Juren; he commented he hopes this does not. kill the project. Mr. LaPorte made same comment. Motion unanimously carried. (5-0) III. Public Hearing S-165, This is the petition of Mr. Allan Getz requesting a specific use permit for a mobile home park on a tract of land consisting of approximately 39.'a13 acres located along the east side of Mayhill Road immediately north of property owned t. the Andrew Corporation. Mr. Ellison explained request stating seven notices were mailed to property owners; 2 reply forms were received in opposition, none were received in favor. Tom Jester, representative of the project, spoke in favor stating this would be a first class park. tie said It would have concrete streets, and also has good ,:access. Mr. Stockton also spoke in favor stating the game qualities as Mr. Jester. He said there also would be :separate sec- tions - adult, child and retirement. yr M.inutea p.(anning and Zoning Commission January 19, 1983 Page 4 Mr. Sidor asked if they were going to sell pads? Mr. Stock- ton said the pads are leased on a yearly leai)e4 fie then asked if there are any requirements on the pada being .leased? Mr. Stockton said yes) they do not take any mobile homes over five years old. He said they also have a set of rules and regulations that must, be signed and abided by. Mr. Sidor also questioned about travel trailers? Mr. Stock- ton said there would be no travel trailers in the park, only mobile homes (60 feet or longer). John Putman, owner of the property across the road from the site, spoke in opposition of request stating he does not want it there for two reasons. First, it does not fit in with what is there now, and second, he does not see how this can be put in without city sewage, lie said that amount of land would need a sewage system - septic tanks would not be sufficient. Mr. LaPorte advised Mr. Putman that sewer fa- cilities will be extended to this site. Mr. Sullivan, owner of the property to the north, spoke in opposition stating he has been in the title bu-iiness his whole career and the people lie has been identifying with in mortgage loans and savings and loans connected with residen- tial development seem to think mobile horn.,, parks are not desirable for development. He said lie has no knowledge of Getz or his operation, if bad goes: to worse, lie could start selling the lots off one by one, then there could be 2"14 different owner3 there on a piece of propert/ hard);,, big enough to get their mobile home on and their cars, boats, etc. His opposition to tlil.s request is he does not think this is the best use for the property. Marl:ha McIntire said she agvees with Mr. Sullivan. One point she would like to make is with Mayhill being the only access it would create major traffic congestion, Mr. Ellison explains request stating the surrounding laird use and that the property is not in high intensity area, He said the total vehicle trips calculated per day is 1600, and 14ayhill does have )`.he capacity to handle this. lie said staff feels this is an acceptable request. It does cumpl'y with the ordinance. Staff does recommend approval with con- ditions. Tom Jester rebutted to Mr. Putman's feelings saying a~mobi.Le home park would fit in there, and as for selling the lots off one by one, that would not happen. lie said that could not be done anyway without the Planning and Zoning Commis- sion approval. Plinutr~s Planning and Zoning Commission January 19, 1983 Page 5 Chair closed public hearing. biro Sidor commented lie agrees with tor. Jester; that there is a need for good mobile home parks. He thinks this is a good location. Mr. Juren moved to deny request. Motion fails due to no second. Ms. Cole moved to recommend approval with following condi- tions recommended by staffs 1. The property shall be developed in accordance with the City of Denton Mobile Home Park and Travel Trailer Ordi- nance. 2. A preliminary and final plat shall be submitted in accordance with City of Denton subdivision regulations, and approved prior to issuance of any building permits or certificates of occupancy. 3. The approved site plan and preliminary and final plats must show a 60 foot road dedication along Mayhill. Seconded by Mr. Sidor. Vote called: Aye - Cole, Claiborne, LaForte, Sidor Nay - Juren Motion caried. IV. Considerations A. Reconsideration of the: preliminary and final plat of block 1, Lakewood Estates. Mr. Watkins explained that at last meeting it was recom- mended this plat be denied based on the fact that there was no 60 foot right-of-way. In the meantime, he has been informed that his information was incorrect, and at this time staff would like to recommend approval of the preliminary and final plat of block 1, Lakewood Estates. Mr. LaForte asked how were you incorrect? Mr. Watkins replied Mr. Button bought an 83 acre tract of land and the tract existed in its current Configuration. He doss not plan to sell off individual lots; therefore, no sub- division has occured. Since no subdivision has occured they were unable to apply for the kind of stands that I . .........._........a..hn-...-..w...la n...ua. ...n ♦.r.. ..r.~ ALLAN GLTZ/3.165 N0. %N ORDINANCE GRANTING A SPECIFIC USE PP.RMIT AND AMENDING THE ZONING MAP OF 'iHE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE N0. 69-11 AND AS SAID MAP APPLIES TO APPROXIMATELY 39,313 ACRES OF LAND, AND BEING LOCATED ALONG THE LAST SIDE OF MAYHILL ROAD AS SHOWN ON THE TAX RECORDS OF THE CITY OF Dr:NTON, TEXASi AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSt SECTION I. The Zoning Classification and Use designation of the following described property, to-wits BEING all that lot, tract or parcel of land out of the Gideon Walker Survey, Abstraut No, 13301 Denton County, Texas, and bo,ing a portion of a called 61.2/3 acre "First Tract" conveyed to 9, D. Roberts as recorded in Volume 256, Page 549, Deed Reu6rds of Denton County, Texas, and being more particularly devac ibed as followst BEGINNING on the west line of said Walker Survey at the northwest corner of said Roberts tract said point being at the centerline intersection of public roads) THENC8 south 88029' east along the centerline of said east-west public road a distance of 1489.1 feet to a fence corner for the northeast corner of said Roberts Tracts THENCE south 2*06' west along the center line of a north-south public road a distance of 1154.4 feet to a point for a corner in the center of said public roads THENCE north 87051130" west following a fence line part of the way a disance of 1495.5 feet to the west line of said Gideon Walker Survey in the center of a public roads THENCE north 2625130" east along the west line of aid Walker Survey and the center line of said public road a distance of 1140.8 feet to the place of beginning, and containing in all 39.313 acres of land. which is classified as an Agricultural "A" District Classifi- cation 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 mobile home park, subject to the fallowing special conditions and restrictions, to-wits 1. The property shall be developed in accordance with the City of Denton Mobile Home Park and Travel Trailer Ordinance. 2. A preliminary and final plat shall be submitted in accordance with City of Denton subdivision regula- tions, and approved prior to issudnce of any building permits or c,:e:<ficates of occupancy. 3. The approved site pit, preliminary and final plate must reflect r sixty (60) foot road dedication for Mayhill too, PAGE ONE in addition to all uses authorlaed In an Agrioaltural %A" District, The development of the property shall be in substantial compliance with the site plan attached hereto and made a part herbof for all purposes. The Zoning Map of the City of Denton, Texas, adopted the 14th day of aanuary, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No. 6r»1, be, and the same is hereby amended to show suoh change in District Classification and Use. SECTION IT. That the City Council of the City of Denton, Texas hereby finds that such change is in acoordanoe with a oumprehensive plan for the purpose of promoting the general welfare of f:he City of Denton, Texas, and with reasonable consideration, among other things for the charaoter of the district and for its peculiar suitability or partioular 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 oP 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 nokice thereof, PASSED AND APPROVED this the day of , 1983. R7C AR TEWART, MAY 519 CITY OF DENTON, TEXAS e ATTESTi CHARLOTTE; ALLENp AM eT"Fz ? CITY OF DENTON, TEXAS APPROVED AS TO LEGAL F'ORMi C. J. TAYLOR, 1R., CITY ATTORNEY CITY OF DENTON, TEXAS BY: PACr•. Two I._ I / fl PLANNING AND ZONING COMMISSION RECUMMENUATION TO THE CITY COUNCIL To: Denton City Council. Case No. 5-166 Date: April 5, 1983 GEN]KAL INFORMATION Applicant: Lakewood Instates 15889 Preston Road Dallas, 'T'exas 75248 Status of Applicant: ueveloper and Owner 11 Kequested Action: Approval of a specific use permit to I develop and operate a mobile home parka Location and Size: Approximately 83 acres located along the north side of Robinson Road and i east of Teasley Lane. Existing Land Use: Vacant Surrounding Land Use and Zoning: North - Agricultural, single family residential; ETJ South - Vacant; E'TJ Last - FM 2181, Denton West, single family residential, agricul- tural; Agricultural (A), SF-10 West - Vacant; ETJ oenton Development Guide: Area is de,:ignated as low intensity. SPECIAL INFURMA'r1ON Public Utilities: Adequate utilities, streets and other public facilities are in place or available for extension to this sire. Traflic: This site has immediate access to FBI 2181 and tobinson Road. Robinson Road is not inr,l.uded in the pending annex- ation and will. not be maintained 'c.Y the City of Denton. Page 2 ANALY,' I S This request for a specific use permit is the finch step in the development process for the Lakewood Estates mobile/manufactured housing community. Final annexation action is scheduled for April 5, 1983, and the Planning and Zoning Commission and the City Council have approved the preliminary and final plat of this 83 acre mobile home park development. The developer has 1 complied with, and exceeded in some instances, many of the City of Denton development standards despite the fact that construc- tion of his project began prior to annexation proceedings. Each proposed lot is a minimum 5,000 square feet in size (City of Denton ordinance requires minimum 3,500 square foot lOL5). I Uamples of other amenities include: two clubhouses, two meet- ing and reception rooms, two swimming pools and cabanas, three tennis courts, picnic areas, a jogging path, saunas and exercise' room, picnic areas, a seven acre permanent lake and a tornado shelter (see attachment N3). The rental concept Is planned for the entire development and City of Denton subdivision regula- tions will become applicable if resubdivision and individual ownership of lots Is proposed in the future. The condition of Robinson koad generated the greatest amount of discussion during Planning an(! coning Commission consideration of this development. The rounty will be responsible for the maintenance of the road under present circumstances, kind the condition of the road is loss than Ideal, fhe first phase of the development will utilize Robinson Road completely for. Ingress-egress. The second phase will. provide additional access off FM 2181. kEC0MMENDATIUN The Planning and Zoning Conmiission recommends approval of S-1b6 With the following condition by a vote o1: 6-0: The property shall be developed in conformance with the approved E site plan and all applicable City of Denton development codes, ! regulations and ordinances prior to issuance of certificates of i occupancy, AL'i'EKNAT1VL• S 1. Approve petition with conditions. 2. Approve petition without conditions, E 3. Approve petition with additional conditions. 4. Deny petition. j 5. 'fable for future consideration. i (S-166) Page 3 ATTACHMENTS 1. Aerial G, Site plan 3. List of planned amenities 4. Property owner list- 5 . reply form total 6. Planning and Zoning Gonunission minutes of meeting of J February 16, 1983. PD- 20 j w 'zf?~ I \ l~ ~ 1 r ' C `C_ S-140 f - . 1 r S-166 N `j , I 1' ....-.-..M N IV W I'MM11 / 1wM Y~d 1 d ' w r yy • w w w « w r r• r rr y w ' .1 it ~ t• ~ f i 1'il 1 1 1 R # ; aYt« 1 ~i •~.~tr arir~ai}tu # 1 • 1 ! 1 0 I d t t t r t l t t! G f }tG i • ♦ M m ~i i li # i G i! i t!! t! 3 t 1 i 7 K ~ ; G S • ! it I t ~ M / a( i d 8 E i 1 f i # 3! t 9 I S 1 ~leh .t ;3 ~ .g 1 • 9 M f: ti,lw ~ ~ j A # f M N 'n 1 w I k ! ~d+~' 1; `s 1 F 'il ~J rfttt•771tirttotl:rllttell <xali>rllt ! ~ 3 \ ~ ! ¢ ~ t ~ i 'tsi! ii,listitti+illlit+7l~it}TI{!ilii{ k # ~ i Y¢ 4 ~ 1 ! i till,l,ell:lree:treat+t ltd } ttt'Ifffeeif t'''11111,111+}fi~l+t'tfll~ltts~ 1+1t}'( tel ! ! # " ; ~j d ! ; :1 ! fit7l alt ti ttlc ll{l7l tnif~~it a, ,i7 tlt aft y t l 1 ! 1 t c~~ r e t:~, g t 1 t~: ! tiaft• :t..Its ilii,slt it r ~;rl:i I!. { ~4 r 7 CL If ] t t •t. t: ^.It ~:tll:i Cl,tt tl 7 a L 4' f~ j+1 ! i I 'N t 1 s , tl 1 nu.. , : 1 1 i.. ~--nfw---'• ~'~lr"77157!,' . f td w ,-x r z LAKE'W000 ESTATES d' or tttitq 84.019 aces opt of Me I ;TENEN HEMME SuavEY A•643 d { + y Y n l and roe ELI PJCXETT SURVEY A-loin 4l ft T Oenlan Ca+nl Teta ' 1 KrWda,D' e$TAIES Nor now MAO, Our HOW MOP A totally planned, highly restricted, +rltramodern, mobile home community with two clubhouses, recreational facilities, and the following pl anned arner t i Q; 1. Exercise koom. 2. Suanas 3. Meoting S Reception Rooms 4. Two Swimming Pools and Cabanas 5. Tornado Shelter 6. Three Tennis Courts 7.° Picnic Areas 8. Outdoor Pavilion with Fireplace 9.. Playgrounds 10, Seven Acre Permanent Lake 11. Jogging Path Surrounding lake 12. Additional Two Acre Lake 13. Minimun* 5,000 Square Foot Lots 14. 12' X 60' Reinforced Concrete Pads with Built-in Tie-downs la. 10' X 40' Patios 16, Two Car Off the Street Parking and Sidewalks 17, 36' Paved Streets with Curbs and Gutters 18. All Underground Utilities 19; Cable Televisid,i 20.- Wooded-'Lots All construction will be in accordance with, or exceed the City of Denton ordinances regulating mobile home parks, _l~llw' ! x TN Lill y ILIA It, ,ed"h '2 1 ~ r tl3 ~ „ rS ~rr'~~+.5 ~trr ~r~ rr s ~ i n % ' ~7• f~,' ;1 , r 7 , t ~ Cr,s5~,1,• P1Rrz N~~~~•l~~1 7X ~?e~ t; ell k,( 71, le kt- A, i 1, rr Toil r PLaba 26 f:l, f( { /.~3cx y'> ~__7_,•/'~rrlc„ X71: ~ 1 f ~ru, l~i) ;r n /1 n r - I ' _ ~ ? ~1~. ~•LP..it ~'LC,:L {~~dCE,---,C1PtOPr, :,~P J S , /G G f IC~ I 9. /oil 3s 65' f PROPERTY OWNER REPLY FORMS CITY COUNCIL S-166 IN FAVOR IN OPPOSITION UNDECIDED None Received Mrs. Thomas T, Kirby Route 6, Box 42 Demon, Toxas Cynthia G. McMinn Route 61 Box 44 Denton, Texas 387-8296 Mr, & Mrs, Dan W, Hampton Route 61 Box 45 Denton, Texas 76201 Monroe Cogdell Route 6, Box 38 Denton, Texas 76201 382-6986 Niel Wheeler Route 31 Box 44B Denton, Texas 76201 Vinny Wheeler Mel Wheeler, Inc. 1440 Wheeler Drive Denton, TX 76201 382-2552 minutes Planning and Zoning Commission February 16, 1983 Page 6 C. 5-166'. This is the petition of R. J. Button representing a ewood Estates requesting a specific use permit to de- velop and operate a mobile home park in an agricultural (A) zoning district. The property totals approximately 83 acres in size and Is located along the north side of Robinson Road and east of FL11 2181 (Teasley, Lane). Mr. Ellison explained request stating that property is currently in ETJ, that on April, 5 the City Council will consider final annexation action and.at that time prop- erty will automatically assume "A" zoning. Petitioner is seeking a specific use permit to bring into compliance with zoning ordinance, that the intent is to take action on zoning immediately following final annexation action. He said that 13 notices were mailed to property owners; no reply forms were received in favor, two reply forms were received in opposition. R. J. Button, owner and developer of Lakewood Estates, stated that the project is under construction at the present time, that it will be the finest mobile home com- munity in the State of Texas. He said he is spending a great deal of money on amenities including two club- houses, swimming pools, tennis courts, jogging roads, etc. Lots will contain 5,000 square foot- each with 12 x 60 foot concrete slabs under each mobile home, 10 x 40 foot patios and 30 foot paved streets. He said he went before utilities board to extend utilities, that he is bringing water line down Ryan Road to his project and will grant an easement for sewer line. He said that he has had public hearings on annexation and if city feels project would he an asset he favors annexation; if not, tie would prefer to remain in the county. He said thare is a need for this type of development, that tie is build- ing something the community should be proud of. He fur- ther stated that last year 36 percent of all homes sold were mobile homes. Mr. Sidor asked if he proposed to modernize the existing road. Mr. Button answered that he understands that according to law the road would remain a county road and be maintained by county, that the city could not ask him to build that road and city really doesn't want the road in the city because of mainte- nance. tie said that now the primary entrance will be Robinson Road but ultimately it will be the secondary entrance. Mr. Watkins advised that Robinson Road is not included in annexation, that any work to be done on road will be done by county. Mr. Button said he would have all trash picked up and oli brush mowed. DlxnutQs . Planning and Zoning Commission February 16, 1983 Page 7 Bob Sharpe stated he lives sout.p and east of property, that he is on Robinson Road everyday, that it is a dan. gerous road. He said he is not opposed to development itself but feels that developer should have the responsi- bility of building that. road. He said the project will represent an awful lot of cars on the road and he is against somebody else having to maintain it. Mr. Ellison continued staff report stating that Robinson Road is not included in the annexation, that Mr. Button's property existed as a lot of record prior to 19691, there. fore platting is not required. However, Mr. Button did plat as a one lot subdivision; no individual sale of lots can occur. He said that Mr. Button has been cooperative and has done some things that city could not require him to do. He said that staff has been in com-iunication with county, that he is sure they understand they have to maintain that road. Mr. Sharpe suggested that developer improve, the road as it is the access to his property, then dedicate it back; to the county, that county is not going to do anything about the road. ylr. Ellison continued stating that there is nothing the city can enforce as perimeter street paving policy does not apply to outside city limits. He further stated that area is designated low intensity, that there is a lot of surrounding undeveloped property and staff recommends approval. Mr. Button offered no rebuttal. Chair declared public hearing closed. Mr. Sidor moved to recommend approval of S-166 with the following condition: The property shall be developed in conformance with the approved site plan and all applicable CiLy of Denton development codes, regulations and ordinances prior to issuance of certificates of occupancy. Seconded by Ms. Mays and unanimously carried. (6-0) 11r. Juren suggested that 14r. Sharpe contact his county commissioner about Robinson [,oad, 2. J. Ji'PUU/u NO, AN ORDINANCE GRANTING A SPECIFIC USE PERMIT AND AMENDING THE ZONING MAP OF THE CITY OE' DENTON# TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF T" CITY OF DENTON, TEXAS, BY ORDINANCE 004 69.1, AND AS SAID MAP APPLIES TO APPROXIMATELY 83 ACRES OF LAND, AND BEING LOCATED ALONG THE NORTH SIDE OF ROBINSON ROAD AND EAST OF F.M. 2181 (TEASLEY LANE) AS SHOWN ON THr. TAX RECORDS OF THE CITY OF DENTONI TEXASS AND DECLARING AN EFFECTIVE DATE, THY AUNCXL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSt SECTION I. The Zoning Classification and use designation of the following described property, tc witt All that certain 844019 sore tract, or parcel of land situated in the Stephen Hembrie Survey, Abstract No. 643, and the Eli Pickett Survey, Abstract No, 1018, Denton County, Texass said tract being all of a called 83,806 acre tract; said tract being tracts described in a deed to Lakewood Estates Partnership recorded in Volume 1172, Page 318 of the Deed Records of Denton County, Texas, and being more par.tioularly described as follows; BEGINNING for the southeast corner of the tract being described { herein at an iron pin found in the southerly line of said Hembrie Survey, said being in the easterly line of Farm to Market Road No, 2181 at its intersection with the center of Robinson Roads THENCE north 01007129" east with the most southerly west line of said tract and the easterly line of said Farm to Market Road 330.51 feet to an iron pin found adjacent to a concrete monuments THENCE 827,40 feet along a curve to the left in the most southerly west line of said tract and the easterly line of said Farm to Market Road, having a radius of 1471,57 feet and a central angle of 32612153" to an Iron pin found adjacent to a concrete monument for the most westerly northwest corner of said tracts THENCE north 89049109" east with the most westerly north line tf said tract 241,92 feet to an iron pin found for an interi.° corner of said tract; THENCE north 02933111" east 140.47 feet to an iron pin found Sn the southerly line of the H. Lewis Survey, Abstract No, 769 era the most westerly north line of said Hembrie Surveys THENCE south 891113103" east with the southerly line of said Lewis Survey and the most westerly north line of said Hembrie Survey 1232,18 feet to an iron pin found for the sol+t.neast corner of said Lewis Survey and the southwest corner of the M.E.P. & P.R.R. Survey, Abstract No. 9501 THENCE north 84036101" east with the southerly line of said M.E.P. & P.R.R. Survey and the most easterly north line of said Hembrie Survey 1495.06 feet to an Aran pin founds THENCE south 00113155" west 1464,22 feet to an iron pin set in the southerly line of aid Hembrie Survey, same being in Robinson Road, for the southeast corner of said tracts THENCE north 88407126" west with the southerly line of sriid Hembrie Survey and with Robinson Road 2715.82 feet to the point of beginnlrig, PACE. ONE Y....:......:.. ...:=_iaa 3:F._..~' ....gin. which is classified as an Agricultural "A" District Classifi- cation Use under the Comprehensive zoning ordinance of the City of Denton, Texas is hereby changed and a specific use "emit is hereby granted for the use of said property for a mobile home park, subjeot to the following special oonditions and restrictions, to-wits 1. Property shall be developed in conformance with the approved site plan and all applicable City of Denton development codes, regulations and ordinance* prior to issuance of certificates of occupancyo in addition to all uses authorized in an Agricultural "A• District. The development of the property shall be in substantial compliance with the site plan attached hereto and made a pact hereof for all purposes. The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Cnde of Ordinances of the City of Denton, Texas under Ordinance No. 69-11 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, RICHARD 0. STffFgART, 1W1OR CITY OF DENTON, TEXAS ATTESTi CHARLOTTE A LE, , CITY S RE AR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM, C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS t sy -I PACE TWO { d. I. k wl6 WRVEY A • 767 A g f! nR aGi~'~f« ' I NN""" 1 ~ "r I ...-mss' ~u , 111 /,i I I I ...N w'.M.a N W a W --_._"l_~ •.r•11 4rV.•r NI W rl /N.-.-.-~.-t_~~ AMU ~VA_ 04 I$IiE N tun Y, N ~ • r. ~ M N 1' 'N 111 w IN w N M 111 IN N1 IN IN IID M w w ON w~ IN N7 w of M W 1 or N N H IN 111 'N N ' A 42, ~I d N/ 1,1- Y 2,Ilf •f•. 1 r Ip11N 10~f lM _ - 1 1 i _~I"IISl f~ {N M _ _ vl i•r NI Ill w N . µ -..1 _wi ; I ♦ W 111 I~r -Mi• I it n w N h N. ~N -11YIV N -yA.. 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NILKII YW IINiII IN Y.I.N IM NNwN 2 p . y. 1 xu n u_ N lw/ IttI.N -eFW, -Ef- YW 11 IINN'NIWU'N{ W W (s1 4 Q 1!. I 11 _ tw/ lyN .I /W+N WNW 1' I A V ' i~.~'V..1 11 -1Yx IMlMrl lr a•.M .INI 1' .,J 7 q ~ .p O I(y' . 1 T_ b- .•.Ti~`ti :-_y. IV N•N N hINI H nA N.. /ant 11. b1 11 j~ V ~ i_u Ti . xlx IIM.NN ~'WI to 11' . t / y . r (1 _.Il_S' 11 L w of M. ItNIN W 11 .w y • 3 101-L 1- Alt MVIS WIININ IN( 51,061VIVISION 1!~ 1 .7 L. 1:10 11'L r-_ r_ ARE INIVAI( AND AH( 401 10 B( o +-al A :1. OLINGA((O Its (11( Ht19U( Z116 --!It O1 z -'1 1. 1 ._liJl_ L 4 } MIS 22 1 M N 1. Y 11 ..:.L' tll H. 'I.LL jjA_tL A _1111 .'7"M 11.. _2L.Y.. _.11L -LLL. A l7y ~ PLANNING AND ZUNING COMMISSION KLCOWtENUATION TO THL CITY COUNCIL 'to: Denton City Council Case No, 6-167 Date: April 5, 1983 GENEKAL INFORRAT10N Applicant: Cumberland Presbyterian Children's Home 1304 Bernard P. U. Drawer G Denton, Texas 76201 Status of Applicant: Owners Requested Action: Specific use permit to allow expansion of the existing Cumberland Presby- terian Children's Home. Location: Southwest corner of Bernard and Greenlee Size: 17.359 acres Lxisting Land Use: Children's home and open apace. Surrounding Land Use and Zoning: North - Single family, multi-fancily, two family; SF-7, Mfg'-1 South - Single family, commercial buildings; SF-7, Commercial Last - Single family, proposed multi- tamily; SF-7, PU for multi- family West - Single family, two tauuly, vacant; SF-'l, general retail Land Use Plan: Area is designated as moderate I intensity. If (S-'167) Page 2 ANALYSIS The Cumberland Presbyterian Children's Home is a legal non- conforming institutional use that has existed at its present Bernard Street location since 1939. The Children's Home is classified as an institution of religious or philanthropic: nature by the current City of Denton zoning ordinance. The 17.359 acre tract is zoned single family (SF-7) and the ordi- nance requires a specific use permit for uses of this type in single family areas. 11 approved, the specific use permit would achieve the following 1. Legitimize tiny structures and institutional uses presently existing or classified as non-conforming. Permit future new construction or 3xpansions of buildings or uses that are children home related. 3. Give the City immediate and long range control over how much expansion and construction will occur at this institutional site to insure that the use will not reach a scale that negatively impacts the overall area. 0 The attached site plan shows existin~ facilities, as well as, proposed development at the children s home site. The scale and scope cf the proposed uses appears quite reasonable. RECOMMLNDATION The Planning and Zoning Commission recommends approval of 6-167 with the following conditions by a vote of 6-0: 1. Uses and facilities shall be liaiit,sd to those incidental or related to the Children's home and shall conform to the approved site plan. 2. All applicable development codes of the City of Denton (zoning ordinance, building permits, etc.) shall be enforced. 3. 'the Children's Home u: hall be limited to the 17.359 acre tract exhibited on the -,proved site plan. (S-167) Page 3 AUVERNATMIS 1, Approve petition with conditions, 2. Approve petition without conditions, 3. Approve petition with (additional conditions, 4. Deny petition. 5, 't'able for future cons ideratic::, ATTACIVNIENTS 1, Aerfol 2. Site plan 3. Reply torms total 4, Property owner list 5. Minutes of Planning and toning Commission meeting of March 9, MU is ~ fr ~ ~Iyv F G. l i t t v t .1 + r t 1 k i 1 y r . ~ 7 1 v i t . i r ~ t 91+1. 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I ai' ,']7.~ e^ n'n'IRr AAA t r I / t)1 a 'y~,y, II v 1 r.~ } • / y ry r ~f~~fv f Ft iY' ~+;r' ?Y, xf' f r h k;f +i f t+ Ry+ 1 `5,, }F.. ~Rwa 4h / F 1 1(~ jj ~r't I t ~J ♦F r rv 1 P,~ 1 ,fit 1 ~r rt ' r + 7 YY1j ~ ~ 72,x' i~' t ~VI ~ Y+rt{~ ! I l ! 1. 1 1}/i? i ~ ! / 7~ 1y.•. ~ ~ a~ 'J, ~.~rA ~r11, ill, i~° ''is~ ''r~ 1' / 1 rft, 1 + ~ I rt 1 r rl Ml 3 l 1 \I Y'i li y' x l Y ,.r VIP r, 0 livyinmimItai, I,, ClNftI.WD Ntl►rrtll Aw GIIkKw4 ►wK M 10 I0H jlrMra nun, f"N II/S i i ~ ~ ~ 11~f77lQ I (Di I Hrrlo ol Y.... Y-__ floor 1 IM ro, • 1""1 tleef TOTA L. Or.n111.1r ? 17. 359 ACR6s ,.l„l., Poou Mint" Cotlri o1a.1 lo"I 1"461" 6,r t1) n' _ I (1<alo Cott," I1M11M let 01art 011111 I'7n I 1 Oi r1n.11<"It . I I HNNl ~..J , rl 4 I I P1,14 1 I I ~ al,"ww1. ~ ~ I I O 1 I 11 161C.1110 OlNrlel'1 rulda, t. I 1 i 11 <.MVw Olttetot't "0146.t* 11 I I1 whle It IAN r /j~l . 1 ' ,1 P1rn1. t.r1111en ~ _ 1 KRRI! fMfr s t I; l O © 1 N N brN Mod I 1 1 1 I L. ►~a.w~.-t I 10 II ~yru~s S~.tN 1 f 1► LoPeseo DweLelntNr 4! Q 1 J ScAI! II $0~0* IutV le xoU11M Int fowl., OIII. 1 J r LT 1•n•Jf s,~ (D iL • • ~ N' • - 1 ~ G ~ _ _ 7 r ` On revel. htu.lua eonntxr N / Palau st,n x<wln (N.tf DAtte) 2 0~ , q r U fvlut. MInN,a,em Nllalnt O L I`l~\J• y ® rvturl good" rnlNnb ,M t.ll 1 1 ` \tl\ 11 ~•.J 1~ 1 , _ rR:awerrr Jr,vrrr PROPERTY OWNER REPLY FORMS CITY COUNCIL 5-167 IN FAVOR IN OPPOSITION UNDECIDED James C. Gilbert None Received None Received Cumberland Children's Home P. 0, Drawer G Denton, Texas Joe Belew P. 0. Box 1188 Denton, Texas 3871700 Mrs. Grady McEvin 803 Stanley Denton, Texas 387-6744 J kCILA,y\. , I 1), a s J 1 3 y 2 G r~ A t ell , PAi r ~ ~ r !i rl Pval, „ II _ •~c t t~l l~~~r(;. jille 1%~ t, 11 i i 1 r T ~ • N YS i, N r NA)) Alon-own 1i n 71 ,I ~2 loh1+ >re'»IPC -10 I P'x 0 ..2; _ ed,I ' r•,, <'c.}nom 2 LL S !i 11 - - - - J ~ ~ a~S•f~ll'f _ _L ,11 },t•rl»,1, !`~y~• , nl'i t1 ~ ,'!1.••h~ 7 ~ y nh r l I'p,p, a° ! L ell 11 F. rip A,t t, r• f Itev 4 _ S~ f•S /ti Sov, 1~ 1' i • ~I,:n v P, C. 1 f l + 1 1 r (7 be, 1, lbl~ x _ •tt liLllrll'•."ham f.i'1,J1'C I J r" Minutes Planning and "Zoning Commission March 9, 1983 Page 10 Mr. 01yai referred to lack of control on surrounding streets if office zoning is granted, advising that a 20 story office building could be constructed on the pr,o?erty. Chair declared public hearing closed. Ms. Mays stated that more control is needed and moved to recommend denial of straight office zoning as requested in Z-1568. Seconded by Mr. Escue. Vote was called; Aye - Cole, Escue, LaPorte, Mays, Sidor Nay - Claiborne Motion carried. F.E S-167. This is the petition of the Cumberland Presby- terian Children's Home requesting a specific use permit to allow expansion of ,the existing children's home at 1304 Bernard Street. The property is approximately 17.359 acres in size and begins at the northwest corner of Bernard and Greenlee. Mr. Ellison explained that intent of specific use permit is to legitimize the existing children s home and also allow them to expand as their master plan projects without having to address the question of being a non-conforming use each time a building permit is requested. He saia that 24 notices were availed to property owners, four reply forms were received in favor, one undecided reply fors. was received, no reply forms were received in opposition. James Gilbert, representing the Cumberland Children's Home, stated they are ready to proceed with another faci.1- ity and when a building permit was requested it was su7g- gested that they apply for a specific use permit. He said they would like to be legitimate and are requesting ap- proval. tie said they do have a master plan that they pro- ceed with as funds are available. No one appeared in opposition to the request. P'ir. . E:llison continued staff report stating, that this 'has been determined to be an institutional use which requires a :specific use permit in a single family zoned area. He said this was called to their attention and they are now requesting a specific use permit to make their use con-, forming. It is a legal non-conforming use as it has existed au this location since 1939. He said that appro- , Val of requested zoning; Mould legitimize existing struc- tures and would permit new construction and expansion, giving the city control over scope of development. He . Minutes planning and. Zoning Commission March 9, 1983 Page 11 said staff feels this would be desirable and recommends approval. On question, he said that new buildings are planned at this time. On further question, he said that adequate utilities are: in place. Mr. Claiborne asked about area owned by the chiVren's home to the north which is not included in the request and Mr. Ellison answered that if they plan to build on that are another request will have to be made. Mr. Gilbert sa..d they do not plan to build on that property, that children do play on the property. Chair declared public hearing closed. Mr. Sidor moved to recommend approval of S-167 subject to the following conditions; 1. Uses and facilities shall be limited to those inciden- tal or related to the children's Home and shall con- form to the approved site plan. 2. All applicable development codes of the City of Denton (zoning ordinance, building permits, etc.) shall be enforced. 3. The Children's Home u:te shall be limited to the 37.359 acre tract exhibited nn the approved site plan. Seconded by Ms. Mays and unanimously carried. (6-0) Mr. Claiborne left the meeting. F. 5-168. This is the etition of Dewey Fields representing Tissouri Pacific Raipway Company requesting a specific use permit to erect a microwave communication relay station and tower in an agricultural (A) zoning district. T he property is 0.20 acre in size and begins approximately 30 feet south of the centerline of Johnson Road and 76.1 feet west of the centerline of U. S. Highway 377. Mr. Ellison explained that the site is located 4.57 miles from 1-35E Mid 1.4 miles fror„ Argyle. It is 111clude13 in a strip annexation, property is zoned Agricultural, and zon- ing ordinance requires a specific use permit in an "A" district for this use. He said that Four notices were mailed to property owners; no reply forms were received in favor, three reply forms, were received in opposition. Dewey Fields, representing the Missouri-Pacific Railroad, stated that this location was chosen as it is on a hill and is the correct distance from the next designated No. AN ORDCNANCE GRANTING A SPECIFIC USE PERMIT AND AM14NOINO THE ZONING NAP 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 NAP APPLIES TO APPROXIMATELY 17,359 ACREO OF LAND, AND BEING LOCATED AT THE NORTHWEST CORNER OF BERNARD AND GREENLEE, AS SHOWN ON THE TAX RECORDS OF THE CITY OF DENTON, TEXAS) AND DECLARING AN EFFECTIVE nATE. THE COUNCIL OF THE CITY OF D£NTON, TEXAS, HEREBY ORDAINSi SECTION I. The Zoning Classification and Use designation of the following described property, to-wits All that certain tract or parcel of land situated in the Eugene Puchalski Survey, Abstract No, 996, and the A.N.B Tompkins Survey, Abstract No. 1246, Denton County, Texast being a part of a certain (called) 22.20 acre tract deeded by the General Assembly's Board of Ministerial Relief of the Cumberland Presbyterian Church to t;,e Board of Trustees of the Cumberland Presbyterian Children's Home, Inc, on the 7th day of April, 1951, recorded in Volume 368, Page 494, Deed Records of said County, and being more particularly described as followas BEGINNING at the northeast corner of said 22.20 tore tract at the intersection of the south right of way of Greenlee Street and the west right of way of Bernard Streets THENCE south 01052'29" west along the west right of way of Bernard Street a distance of 871.01 feet to a chain link fences THENCE south 89039145" west along a fence a distance of 661.49 feet to a point in the south line of said 22,20 acre tract and the southeast corner of a (called) 2.92 acre right of way tract deeded to the State of Texas and recorded in Volume 3481 Page 390, Deed Records of Denton County, Texas) THENCE north 47026100" west along said right of way a distance of 658.93 feet) THENCE north 02001106" west along said right of way a distance of 60.0 feet to a point in the south right of way of Earl Streets THENCE north 87058154" east along the eouth right of way of Earl Street a distance of 390.96 feet to a fence corner post; THENCE north 00009108" west along a fence and the east right of way of Central Street a distance of 331.61 feet to a point in the south right of way of Greenlee Street; THENCE south 86018101" east along the south right of way of Greenlee street a distance of 787.09 feet to the point of beginning and containing 17.359 acres of land. which is classified as Single Family "SF-7" District Classifi- cation 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 expansion of the existing children's home, subject to the following special conditions and restrictlons, to-wits 1. Uses and facilities shall be limited to those incidental or related to the children's home and --shall-conform to.the_approved site plan; i PAGE ONE 1 ,..re i 2. All applicable development codes of the City of Denton (zoning ordinance, building permits, eto.) shall be enforced) and 3. The children's home use stall be limited to the 17.359 acre tract exhibitd on the approved site plan. in addition to all uses authorized In a Single Family "SF-7" District. The development of the property shall be in substantial compliance with the site plan attached hereto and made a part hereof for all purpoaca. 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, T'axas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or partloular 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 , 1963. RICHARD 0. STEWA , MAY R CITY OF DENTON, TEXAS ATTE S" : CHARLOTTE AL EN, CIT ISECRETAR~Y CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J, TAYLOR, JR., CITY ATTORNEY CITY OFF DENTON, TEXAS BY: C_ ai=lz A-,.n / L PACE TWO I i I C.Nii 1l1d0 /ltllib lleM CII0pIM'i 110110 n o. /eau o. tul 1il, anl.n, plll u I I GI11YIk0 FA611•IYIiS O O W+IM eUNIen WIIJInd ~(f wle vIIJI I f I 1~ Nfr1t f 1 • flfll f100f l\\..e ~N 11 QW fllfl • !1111 11.01 Irlre /1111 lleef n WWlnl ler 41111. Oi111 If roeJ /1.01 ! ti I / 4neetlre I bra(. 1'I 11.359 ACRE! - 1 IwIwInO ral "~1 I .c OI 11µM COlutf Illfulllt let 01401 br01 11 ©hI1 N.leM CH roue I UgVlleu IOI ?OVnpl b1O1 I 0014 Caturf 110aflor 101 Older $I lfl11 U rfeel0 Ctl111 1 1'vr.'~r 1 I VJ 040.1111 ?toll 71 1 I f / t 1 { OI df lOneeVN ~O i 1 1 I1 1a0ev11e0 Oltfrl0f'1 1e614•n00 I I 1 11 co" 40 011,#04116 00OL40AC4 1 1 I1 Ye61410 IO.I ' II + p-~p I II /ltnl• re4,1111ee I ~ ' ~ I IS Nee KAAIs ftot 1~p br0. 1604 O © ` I N 0 ~ I 41 ►-•-1-.-+-«-. feC.vA~ to Pe er r PAd res ~gDCY LLOIMGHf J jeAtI IISO0 l I• I(~0. IulV1O 110,41^1 let town0n 01111 I lot O f 1 IIK !•!/•/1 1 V N v~ M.~ r `r ~ ~ l +f++ M Un fvlYle AfllvlllN Ivlldln/ I ♦ Ire Y f \y I P~141f. 1 r + O / I~~ 1 / ! O rJ lVif 11,01 0.11lnt (0441d ` • ff l1 10 l O /vlwe IUIn Lfnenee WIId1 nl • O \'(\\\(=ll(~~ ~ •...r.I y O rV1V1O Cllpef ll 1 11 \,1 ~ 1111 \y r `n} • Q lV 1Yle IV1VI<. tMt. n.. .awl eell I L 1\\ r.•.ler ll ~ 11 • 11 e4rraer0 1r,vrrr .L'1 CITY COUNCIL AGENDA BACK-UP SUMMAkY SHEET Meeting Date: April 5, 1983 City ':'ouncil Agenda item N Subject: Approval of an ordinance amending Appendix B - Zoning of the Code of Ordinances of the City of Denton, Texas, 1969, as amended, by deleting in the appendix illustration thereto the except-ion to the required side hard for accessory buildings where a fire wall is provided on the lot lin?, and pro- viding for an eftectiv, date, Summary; A notation beside the appendix illustration for accessory building setbacks allows an accessory building to be located on the lo< line where a fire wall is provided. The proposed ordinance would delete this pro- vision and therefore require a minimum three (3) foot setback. Action Required; Approve the ordinance. Alternatives; 1. Approve the ordinance, 2. Disapprove the ordinance. 3. Modify the ordinance. 4, 'T'able for future consideration. Recommendation; 'the Planning and Toning Commission recommends approval for the purpose of pre- venting encroacnment: of the roof of the accessory building by a vote of 5-0. Exhibits: 1. ordinance 2. Planning and Coning Commission minutes of meeting of March 9, 1983. Charles Watkins Senior Planner N0, AN ORDINANCE AMENDING APPENDIX B-ZONING OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, 19691 AS AMENDED, BY DELETING IN THE APPENDIX ILLUSTRATION THERETO THE EXCEPTION TO THE REQUIRED SIDE YARD FOR ACCESSORY BUILDINGS WHERE A FIRE WALL IS PROVIDED ON THE LOT LINE, AND PROVIDING FOR AN EFFECTIVE DATE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSi SECTION I. That the Appendix Illustration 43. Yards" of Appendix B-zoning of the Code of Ordinances of the City of Denton, Texas, 1969, as amended, is hereby further amended in part by deleting entirely therefr.nm the provision thereof that reads as follows: "NOTEi No Side Yard for accessory buildings need be provided where a fire wall is provided on the lot line on one side of the lot only, Such provision is also applicable to the Rear Yard." SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of April, 1983. RICHARD 0, STEWART, MA OR CITY OF DENTON, TEXAS ATTESTt CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMt C. J. TAYLOR, JR., CITY ATTORNEY CI'CY OF DENTON, TEXAS BYt Minutes Planning and Zoning Coaunission 'via t,ct; 9, 183 Page 15 r F. Approval of an ordinance amending Appendix B - Zoning,. of iI the Code of Ordinances of the City of Renton, Texas, L'969, as amended, by deleting in the appendix illustration thereto the exception to the required sine yard for a~:ts•• sory buildings where a fire wall i s provided on the to t. line, and providing for an effective date. Mr. Watkins explained that deletion of the appendix illus- tration note on page 1199 of current zoning ordinance will have the effect of requiring a 3 foot rear yard and a :i foot side yard for accessory buildings. He said ordinance is submitted as a result of the January 26th study serf.sion of the Planning and Zoning Commission and staff recommends approval. Mr. Escue moved to recommend approval of ordinance delet- ing appendix illustration note; "Vote; No Side Yard for accessory buildings need be provided where a fire wa1' is provided on the lot line on one side of the lot only. Such provision is also applicable to the Rear Yard.' Seconded by h1s. Cole and unanimously carried. (5-0) G. New Business Chair asked for items of new business to consider and Mr. Watkins suggested that a study session be schedule-u to discuss items brought up during past meetings such as policies on tabling cases, time limit on specific use permits, etc. Commission agreed and a study session was set for 7;00 p.m. on Wednesday, April 6, 1983. Mr. Meyer advised that staff is receiving numerous re- quests for zoning changes and subdivisions, that Commis- sion will continue to have heavy, time -consuming agendas. He suggested that perhaps the commission might want t:n conducts its meetings in .n more brisk, businesslike manner instead of the friendly atmosphere now in existence. He said this is what other cities have had to go to as lei; agendas increase. i`leeting adjourned at 8,10 p.m. CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET Meeting Date: April. 5, 1983 City Council Agenda Item Subject: Approval of an ordinance amending Article 18 of Appendix B - Zoning of the Code of Ordinances of the City of Denton, Texas, 1969, as amended, by deleting therefrom r--_e ten (10) foot rear yard requirement for accessory buildings, and providing for an effective date. Summary: The rear yard setback requirement for accessory buildings currently reads as follows: "Rear yard. There shall be a rear yard ~:~r accessory buildings not less than three fees from any lot, alley line or easement line, except that if no alley exists, thce rear yard shall not be less than ten (10 feet as measured from the rear lot line.' The proposed amendment would delete t:'r:e cn (10) foot rear yard oequirement where no alley exists behind the lot. Action Required: Approve the ordinance Alternatives: 1. Approve the ordinance. 2. Disapprove the ordinance. 3. Table for future consideration. 4. Recommend modification to the propos-2_ ordinance. Recommendation: The Planning rand Zoning Commission recom- mends approval by a vote of 5-0. Exhibits: 1. Ordinance 2. Planning and Zoning Commission minut_S. of meeting of March 9, 1983. Charles Watkins Senior Planner NO. AN ORDINANCE AMENDING ARTICLE 18 OF APPENDIX B-ZONING OF THE CODE OF ORDINANCES OF THE CIT1: OF DENTONt TEXAS, 1969, AS AMENDED, BY DELETING THEREFROM THE TEN (101) FOOT REAR YARD REQUIREMENT FOR ACCESSORY BUILDINGS, AND PROVIDING FOR AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt SECTION Is. That Article 18 A (3) of. Appendix B-Zoning of the Code of ordinances of the City of Denton, Texas, 1969, as amended, be further amended to hereafter read as folloast "(3) Rear Yard. There shall be a rear yard for acces- sory u ngs not less than three (31) feet from any lot line, alley line or easement line." SECTION IT. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of April, 1983. MCHARD U. S W , MAYOR CITY OF DENTON, TEXAS ATTESTt CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENNTTON, TEXAS By t ~-~J l~ Irl~nutc~s Planning and Zoning Commission March 9, 1983 Page 14 C. Approval of the final plat of lots 1 - 14, block one, Graystone Village. Mr, Ellison explained this is the final plat sub.-iitted for concurrent approval on property on Fief 1830 south of Hobson to be developed for single family attached housing. He said no plans are Lequired for street improvements, pplat meets all requirements, and Development Review Committee recommences approval. Mr. LaForte moved to recommene approval of final plat of lots 1-14, block one, Graystone Village. Seconded by Ms. Mays and unanimously carried. (5-0) D. Approval of the final plat of the LaColina Ranch Addition. Mr. Ellison explained that property is located at Dallas Drive and Teasley Lane and that preliminary plat has been approved by planning and Zoning Commission. He said multi-family development is anticipated, all requirements have been met, and Development Review Committee recommends approval. Mr. Sidon moved to recommend approval of final plat o'c the LaColina Ranch Addition. Seconded by Ms. Mays and unani- tnously carried. (5-0) E. Approval pf an ordinance amending Article 18 of Appendix El ! - Zoning of the Code of Ordinances of the City of Denton, Texas, 1.969, as amended, by deleting therefrom the ten (10) foot rear yard requirement for accessory buildings, and providing; For an effective date. Mr.. Watkins explained that currently an accessory building is allowed 3 feet from rear lot line if an alley exists; if no alley exists requirement is to remain 10 feet from lot- line. Proposed ordinance was prepared as a result of the last study session of Planning and Zoning Commission and deletion of this 10 foot rear. yard requirement, along with approval of the next ordinance submitted for consid- eration deleting the appendix illustration note, will have the effect of requiring; a 3 foot rear yard for an acces- sory building; whether or n1A wi alley exists, He said that staff recommends approval of the ordinance deleting the ten foot rear yard requirement for accessory buildings. Mr. Sidor moved to recoiiunend deletion of "except that if no alley exisus, the rear yard shat) not be less than 10 feet as measured from the rear lot line." Seconded by Mr. E:scue and unanimously ca?•ried. (5-0) April. 5, 1983 CiTY GOUNCIL AGIADA ITI','M SUBJLC'h Consider AbtindonulenL & QulLclaim oL Lasenient Lo Texas Power and Light Comp4111y (Gran Lee) J.A, ~tounLs) & Ordinance for sillneS. 1 SUI°IMAKY ; I'hIs easement was [or an elecLric disLribuLion line pure}cased Prow TPt~L by Lhe GILy of Dentun several years ago, 't'his section of line is between Dallas Drive and South Locust and was a dupl.icaLion of exisLine, City of Den Lon lines. IL was removed Lo eliminate Lhe necessity for iiainLenance and Lhe easement is noL needed, FIbGAL SUMMARY: No L applicable AC'T'ION HQU1RLD, Approval or disapproval by City CouticII for subj ecL abandonment & yuiLclaim. RL:CUMMM)AT ION The Public UL iIiLles Board, aL LheIr meeting of March 23, 1983, reCOLlimended to Lhe CiLy Council Lhat Lhe J.A. ~iMuunt:s Abandonment & Quitcl.aiui of LasemcnL Lo 'T'exas Power and Light Company be approved, kespecLLully, tt. L. Nelson Director of ULiLi Lies LXHIBIT: I. Lasement OescripLion ll. PlaL I11. Ordinance 1926u/ 1. NQ. AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A. UTILITY EASEMENT WITHIN THE CITY OF DENTON AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED CONVEYING ALL RICH'.', 'tME AND INTEREST OF THE CITY IN SAID EASEMENT TO THE OWNER OF THE TRACT OF LAND CONVEYED BY SAID EASEMENTI AND DECLARING AN EFFECTIVE DATE. WHEREAS the City Council of the City of Denton, acting pursuant to law, and upon the request and petition of the grantee herein, deems it advisable to abandon and oonVey the hereinafter described tract of land to grantee and is of the opinion that said 'utility easement is not needed for public use, and that same should be abandoned and quitclaimed to Texas Power i Light Company, as hereinafter providedi "ad WHEREAS, the City Council of ~utr City of Denton is of the opinion that the best interest and welfare of the public will be served by abandoning and conveying the same to Texas Power a Light Company, for the consideration hereinafter more fully set fortht now, t *rotor&, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 0ENTONj SECTION I. That the following described tract of land in the Civof Denton be and the same is hereby abandoned, vacated and closed insofar as the right, title and easement of the public are concerned: All that certain easement and right of way granted to Texas Power and Light Company by J. A, Mounts and wife, Rosa Mounts, being 470 feet by 10 feet and eontai.iing in all 4700 square feet as recorded in Volume 216, Page 225, need Records of Denton County, Texas. SECTION It. That the Mayor and City Secretary are hereby authorized to execute and deliver that certain quitclaim deed attached hereto and incorporated herein conveying said utility easement described therein to Texas rawer 5 Light Company, SECTION In. That portion of the public utility easement herein described being vacated, abandoned, and closed is made subject to all existing zoning regulations and deed restrictions, if any, and subject to all existing easement rights of others, if any, whether apparent or not. SECTION IV. This ordinance shall take effect and be in full force and effect from and attar the date of its passage, and it is so ordained. PASSED AND APPROVED by the City Council of the City of Denton, Texas, this the day of April, 1983. RICHARD 0. TEWART, AAIO CITY OF DENTON, TEXAS ATTEST: - CHARLOTTE ALLEN, CITY SECAETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMi C. J. TAYLOR, JR „ CITY ATTORNEY - - Ci'?': -OF-DE~t3n.'OIFr -TE:i/9~S••. . . _ _ _ _ - 1 Q ~ Q CAD Centre Jevelopment Co,, Inc. flx0+0 KNIGXT 4~~nd O/v~~aprymwritWnl February 28, 1983 Mr.'Ernie Tullas City of Denton 215 E, McKinney Denton, Texas 76201 Re; Texas Power & Light Easement Volume 216, Page 225 Dear Mr, Tullasl Enclosed please find a "Pelease of Easement" related to the old TP&L easement we discussed with you in Denton last week, since the line was assumed by the City Denton and subsequently abandoned, we would appreciate the appropriate party the City signing the enclosed "Release of Easement" so that we can remove it frC-M our title restrictions on the property. When it is fully executed if you will me i will be happy to pick it up and file it at the court house. If you have .a gltestions, please don't hesitate to call. Very truly yours# , Craig A. Knight CAK/jbh Encl. Ma ung a(j: fees, P.o. Box 402081. Oenas, Texas 15240 4 4000 hla Ewen a farmers B, an on, tevae 61214) 9808060 GTGNCLEIGH WTI{ ~•I , I DA (CAPf C 04 WOODCp'AlCfd db2fA/V, rti sit V. 1 A 11 r~~Y rlt4llD! i' oilty9 I ~ _.Y..._..^-,--•-~--7«-z---'--'- . . . - . . ~Y ` J I ! t ~ ~ 0'If I ~J ! 74,1414 ";CbNCKErIr AT1v~. o E. 404, 7e r~ I Iwo.u+t.H°~ --MW t- E 10 I -E r ll~.._. E lvjz-_?v om.3.A...ilQ'ly-E !-10)0& - E", ! t r I ' C - 970' f ASSUME IU' WII)TA PUH t/ICH CASA'MfNr 0'79 CAlCU4A74b 1, Y I I NET ACRZAdb IN 07MINACY 04Y&0 NOV 121 1002. I ttlNf eC i 77ANINSC! t I I I 1 . WArOk& ItOA00 WIU. Hlwa+ 1 I / rtroo~ ~ r;Y~ I M l'iiY•/tlrNtONf"lfG'it~~i?f~tld- E..2Cre!Widt~.... ~5~ to • r` NNfNr Ian, ~Cl~/~. y7%-Qq! - E ' t~~1`bti ~ E W yE~ M' Ef! rip III' IuDy p n I' . 13.1102 z 1 I , RELEASE or EASEMENT STATE OF TEXAS S $ KNOW ALL MEN BY THESE PRV.SENTSi 44UN''Y OF DENTON S THAT THE CITY OF DENTON, TEXAS, a municipal corporation (the "City") of Denton County, Texas, for arid in consideration of the sum of TEN AND NO1100 DOLLARS MOM) and other considerations to it paid, the receipt of which is hereby acknowledged, has abandoned, reloased and discharged, and does by t.hase presents abandon, release and discharge all that certain essement and right-of-way granted to Texas Power 6 Light Company by J. A. Mounts and wife, Rosa Mounts, (GRANTEE) whose address is P, C, Box 402087, Dallas, Texas 15240, in an instrument dated the 23rd day of July, 1927, recorded in VOlumE 2160 ?age 225, Deed Records of Denton County, Texas, and assigned to the City by Texas Power & Light Company, EXECUTED this day of , 1983, . CITY OF DENTON, TEXAS Sy: T t ei STATE OF TEXAS S COUNTY OF DENTON S This instrument was ackre-fledged before me on 1993, by - of tFe Cit of Denton, Texas, a municipal corporation, OtLbeilar of sal: municipality, (SEAL) NOTARY PUBLIC IN AN FOR THE STATE OF TEXAS My Commission Expiresi PUBLIC UTiLITIL;S BOARD MINUTES March 23, 1983 4. CONSIDER ABANDONMENT ANDQQUIT CLAIM OF LASEME,N'T TO TP6L . ~lt3'1~i K FOR SAME i Tullos explained to the Board that this easement was for an electric u:stribution line purchased from TP&L by the City of Denton years ago. This section of line was a duplication of City .lines, rind was removed to eliminate necessity for maintenance and the easement is not needed for future use. After a briek discussion, Coomes made a motion that the Board recommend to the City Council for abaneonment of the referenced easement. Second by Cryan, four ayes, no nayes, motion carried. n 5. CONSIDER ABANDONMENT OF EASEPIE;NT - STRATFORD ADDITION; Tullos explained that the Contractor constructed duplexes on 4' of an existing 16' easement. The owner is dedicating an additional easement on the adjacent property so that the new easeuent will be 16' wide after abandonment of portion under the building. The new easement is satisfactory for our needs. After brief discussion, Cryan made a motion that the Board recoumiend to the City Council for abandonment of the referenced easement. Second by Coomes, four ayes, no nayes, motion carried. 6. CONS:tUER FEES FOR M UNIGIPAL LAB CONTRACT SERVICES; Nelson reported to the board that the Laboratory Staff had analyzed their costs for conducting lab work and offer the proposed Administrative Policy Procedure regarding the fee structure for the board's approval. Coomes made a motion to approve the policy as submitted. Second by Cryan, four ayes, no nayes, motion carried. 7. CONSIDER DELINQUENT ACCOUNT ASSISTANCE POLICY: Nelson reviewed the Staff's progreso to date on the Board's request that the Staff determine alternatives available in the areas of assistance programs. Reverend Kasberry has agreed to serve on the Utility Account Review Committee. The Utility Account Review Couunfttee ordinance has been referred to C. J. Taylor to amend the ConmitL•ee's membership to include teverend Rasberry. C. J. Taylor is presently investigating the City's legal abil.ity to be involved. in an energy aid program to assist hardship cases pay their utility bills such as other utility companies participate in. 1930/1 April 5. 1983 I CITY COUNCIL AGLNDA ITEM SUBJECT., Consider Abandonment of Easement- Stratford Addition. SUMMAKY The Contractor constructed duplexes utilizing approximotely 4' of an existing 16' easement. The electric line is constructed adjacent to the property line and will not require relocation. The Owner is dedicating additional easement on the adjacent property so that the new eat~ement will be 16' wide after the abandonment of that portion under the buildings. The new easement is shown on the attached drawing. F151;AL SUMMARY; Processing cost of the abandonment of easement only. ACTION REQUIk<Lll; I Approval or disapproval by the City Council for abandonment I and quitclaim of subject existing, easement in exchange for the easement shown on the aLLached drawing. AU1 i.KNA'1 1 VE5 ; It the easement under the builuing is not abandoned, the properly 'owner wil.l. not be able to obl.ain a loran. KECUMMLNUAT ION; 'I he Public Utilities board, at their meeting of March 23, 1983, reconLmcnded to the CiLy Council appruvaI of ,;ub,ject abandonment o1 the original easemenL in exchange for L11e easement shown on the attached drawing. t<espectLuIIy R. E. Nelson Director of Utilities E,l'111biT 1 Clap ol. easement 11 Quit Claim III Ordinance 1926U/13 1X f 0 ' i ~ I LOCATIO `t MAP it 1 to I d B~CC~ J ~ + ~I , CAMC10r N old" e I I~ fits MOM ~I I , . ~ I I fr- 1 ~ I I t .r~P~ J Y. ~ j ~ I ecocr .a i r roWNE NORTH { I I I I ~ I I 1 ~ i I riro~Heu~ soMsvinrra, Ike I I ~ I r i i I f/ERCULES LANE Plot )f LOTS 7-R, 8•R BLOCK 8 STRATFORD ADDITION being o reolot of Lots 7 & 8 BLOCK 8 Stm-rd Ar-fItlon, First Section "A`j gate:vette s. . 462 City of Denton1 Denton Countyl Texas I N0, , AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A UTILITY EASEMENT WITHIN THE CITY OF DENTON AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED CONVEYINQ ALL RIGHT, TITLE AND INTEREST OF TH3 CITY IN SAID EASEMENT TO THE OWNER OF THE TRACT OF LAND CONVEYtZ B. SAID EASEMENT) AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, aoting pursua:rt to law, and upon the request' and petition of tea grani:ee herein, deems it advisable to abandon and convey ta* hereinafter described tract of land to grantee and is o); tnt opinion that said utility easement is not needed for public use. and that same should be abandoned and quitclaimed to Finaricia:. Consulting, Inc.) as hereinafter provided) and WHEREAD, the City Council of the City of Denton is of tae opinion that the best interest and welfare of the public will t.* served by abandoning and conveying the same to Financia Consulting, Inc., for the consideration hereinafter more fullg set forthi now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON: SECTION I. That the following described tract of land in the City _f Denton be and the same is hereby abandoned, vacated and clos~3 insofar as the right, title ind easement of the public ate conceenedt All that ceit:din tract, parcel or 16 foot wide strip of la>, situated in and being the 16 foot wide easement shown along :ze south part of Lots 7 and 81 Block B, Stratford Addition as sho-r. by plat recorded in Cabinet B, Page 175 of the Plat Records Denton County, Texasr said tract being more particula - .j, described as followsr BEGINNING for the southeast corner of the tract being describ±W herein at an iron pin found at the southeast corner of Lot I, B1ock.B, Stratford Addition) THENCE south 770081 west with the south line of said Lots 6 3-d 7, 180.0 feet to art iron pin Found at the southwest corner said Lot 71 THENCE north 00436130" east 1(.45 feet to the north lira of easement) THENCE north 1700V east with the north line of said easemvtt, 180.0 feet to the east line of said :ot 8; THENCE south 00°36130" west 16.45 feet to point of beginning. SECTION II, That the Mayor and City Secretary are hereby authorized t, execute and deliver that certain quitclaim deed attached here::) and incorporated herein conveying said utility ea sec,:nt described therein to Financial Consulting, Inc. SECTION III. That portion of the public utility easement herein descr:bed being vacated, abandoned, and closed is made subject to n:: oxisting zoning regulations and deed restrictions, if any, 3:: subject to all existln,) easement rights of others, If n.: .__who5hec..apparent or not.L_.._. PAGE ONE SECTION IV. This ordinance shall take effect and Le in full force and effect from and after the date of its pao-ssagh, and it is j: ordained. PASSED AND hPPROVED by the City Council of the City cf Denton, Texas, this the _ day of , 1983. RTCHAkO S 1E A RAY0 R CITY OF DENTON, TEXAS ATTESTS AR T ALLEN, T SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMi C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS ny1 , C PAGE T40 } (Ow ,li./t, MN'AN BV 'Viii slti PR SE:NTS: CO(1tiTl' UI' DENIYtJ J That the City of Denton, Texas, a ,suniaipal. Corporation of the County of Denton ,utd State of Texas for and In conslderattun of the sum of ^-----.,-----TEN AND NO1100 ($10,00) D0LLs..RS. to it In hand paid by Finano.lal Consulting, Ina. of the County of Denton and State of Texas , the recelpt of Wtiea l Is hereby acknowledged, do, by these presents, BAitOAM, SELL, RELEASE, AND :FORE i-ER QUIT OLAtbf unto the said Financitl Consulting, Ina,, its successors .badratand asslgas, All its right title And interest in and to that certain tnrot or pt.N i cal of land Iylag In the County of Denton and State of Texas, described s4 f vlua+u i to-witi All that certain tract, parcel or 16 foot wide strip of land sitl.sted i ' and tieing the 16 foot wide easement shown along the south part o: l.ata and ^'-ook B, Stratford Addition as shown by plat recorded in :arsine B, ..,a• .175 of the Plat Records of Dentor County, Texas) said tract t>ein more particularly described as followai III' SEOINNTNO for the southeast corner of the tract being described htrein atlp an iron pin found at the southeast corner of Lot 8, Block B, St.ratfor II Addition) THENCE south 77008' west with the south line of said Lots 8 and 7, 50,( feet to an iron pin found at the southwest corner of said Lot 71 ! THENCE north 00036130" east 16.45 feet to the north line of said easement THENCE north VOW east with the north line of said easarcent, 18':.J fee to the east line of said Lot 81 THENCE south 00036130" west 16.45 feet to point of beginning, IiI ' 41 i I I TO HAVE AND TO HOLD the Wd premises, together with all and singular the rights, prin. leges and appurtenances thereto In any manner belonging u!~to the sald Financial Consu:ti.ng, f Inc., its successors i rhxbrs:and assigns, forever, so that neither th„ taid I City of Denton, Texas, a Municipal Corporation, its successors i our helryt.~exrit any person or persons claiming under it shall, at any time herw.°tc:, have, claim or demand any right or title to the aforesaid premises or appurtenances, or Any part i of. i WrIVESS our hand at Lenten, Texas this E day of A 1). 10 13 Witnesses at Request of Grantor. C.LT L-G?_DERVR,_ 'TEXUU-_~_- AT-Tg! By'-------- - - RICRARP 0, SPsfQART, MAYOF. CHARLOTTE ALLEN, CITY SECRETARY r PUBLIC UTILITUS BUA4) MINUTES March 23, 1933 rill 4, CONSIDER ABANDONMENT ANU 9U 4'r CLAD OF k.ASEMSNT TO 1'M J. A. i t Tullos explained to the board that this easement was for an eloctric distribution line purchased from TP&L by the City of Denton years ago. This section of line was a duplication of City lines and was removed to eliminate necessity for maintenance and the easement is not needed for future use. After; a brief discussion, Coomes made a motion that the Board recommend to the City Council for abandonment of the referenced easement. Second by Cryan, four ayes, no nayes, motion carried. 5. CONSIUBK ABANUONMENT OF EASUIENT - STRA`i'I:ORD AUDITIONt L Tull.os explained that the Contractor constructed duplexes on 4' of an existing 16' easement. The owner is dedicating an additional easement on the adjacent property so that the new easement will be 16' wide after abandonment of portion under the building. The new easement is satisfactory for our needs. After brief discussion, Cryan made a utotion that the Board recommend to the City Council for abandonment of the referenced easement. Second by Coomes, four ayes, no nayes, motion carried. 6. CONSiU1:R Ff:L•S FOR MUNICIPAL LAB CON'T'RACT SERVICE;): Nelson reported to the board that the Laboratory Staff had analyzed their costs for conducting lab work and offer the proposed Administrative Policy Procedure regarding the fee structure for the board's approval. Coomes made a motion to approve the policy as submitted. Second by Cryan, four ayes, no nayes, motion carried, 7. CONSIDER DELINIQUL:NT ACCOUNT ASSIS'T'ANCE POLICY: Nelson reviewed the Staff's progress to date on the Board's request that the Staff determine alternatives available in the areas of assistance programs. Reverend Rasberry has agreed to serve on the Utility Account Review Committee. The Utility Account Review Committee Urdinance has been referred to C. J. 'T'aylor to timend the Committee's tnetubershlp to include Reverend Rasberr.y. C. J. 'I aylo r is presently investigating the City's Legal ability to be involved in an energy aid progr.ant to assist hardship cases pay their utility bills such as other utility companies participate in. 1934U/1 CITY Or- DE ITON' MEVORANDPI TO: Mayor and I'lembers of the City Council V,ROki: Charlotte Allen, City Secretary IMTE: "arch 3.1, 1983 SO IM FICT; Rack-un for Agenda Ttow Y S.li 't'his ordinance will be nrenarod after the elect Ion Is held on Saturday, Anril 2. No back-up is provided at this time. Thank voii. CC ha 1, 1 ! Ion ca GREATER DENTON ARTS CCU i March 18, 1983 p~ Mr. Chris Hartung, City Manager City Halt MAR 1 8 ~gg3 Denton, Texas 76201 Dear Chris, As you know, legislation has been introduced into the House and the Senate to amend Article 1269]-4. 1, Public Improvements In City, Town or Village; Bonds; Occupancy Tax, that would affect Denton, This Article Is the Lalor Law that permits city councils to assess up to 4Q in tax on each stay in a hotel or motel within the city limits, the money raised to be dedicated to tourism, convention facilities and planning and support of the arts. As you know, the current use of those funds In Denton is 3~ to the Cmventton and Tourism Bureau of the Chamber of Commerce and 1 ~ to the Cultural Confederation, composed of the Greater Denton Arts Council and the Historical Commission. These two partners split the 1 ~ 605a for the former and 40% for the latter, The only change made by the new legislation introduced would be to add another 1 ~ to the authority of the Council. It could then Levy 5~. It would leave unaltered the dedication portion of the present bill, which says that 3~ must go to Convention and Tourism. Once the legislation is passed, the GDAC would then ask the City Council to dedicate tbo additional 1 ~ to the Cultural Confederation, where it would be passed through totally to GDAC. I have talked with Chuck Carpenter, Yvonne Ellis and Builit Lowry, and they are all supportive. At its next Board meeting, I will ask GDAC to authorize me to send a letter to the Historical Commission agreeing that at the end of 10 years the additional 1~ would then be split with the Commission along the game lines as the present I~ Is, Tip Hall has asked me to ask the City Council to pass a resolution supporting passage of the amendment to the present law authorizing the Council to increase the tax from 4~ to 5~, He believes that such a resolution would be very helpful }n insuring passage of the legislation. Time is of the essence, so if such a re3olution could be prepared for the meeting of the Council Tuesday, March 22, we would be extremely grateful, I have Informed all councilmen about the general topic of our initiative; however, I did not learn of the need for the resultlon until this morning, after I had sent all seven of them a letter. Thanks, as always, Chris, for your strong supportl Best personal regards, , CA` ~ ~~r j sp~r7 r dent 817-313^2-2787 P. O. E30X 1194 Clovis C. J7YL E S Q L U T I0 N WHEREAS, it is necessary for the Council of the City of Denton to support legislation before the Houae and Senate to amend Article 1269]-4.11 entitled Public Improvements in City, Town or Village) Bondai Occupancy Taxi and WHEREAS, a necessity exists for the increase of revenue derived from the hotel/motel occupancy tax from four (41) peroent to five (56) percents NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXASi SECTION I. That the City Council of the City of Denton, Texas supports legislation to amend Artiole 1269)-4,11 Public Improvements in City, Town or Villages Bonds) Occupancy Tax to enable the City of Denton to increase its Hotel/Motel Occupancy Tax from four (48) percent to five (5b) percent. SECTION II. That a copy of this Resolution shall be forwarded to the Honorable Tip Hall, State Representative, Austin, Texas. SECTION III. 4his Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the day of , 1987, RICHARD O. M WART, MAYOR CITY OF DENTON, TEXAS ATTESTr CIIARL TTE A44EN, 'ITY SECRE AR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL F'O%%11 C. .7. TAYLOR, JR., CITY ATTORNEY CITY OV DENTON, TEXAS BYi i CITY OF DENTON / MEMORANDUM DATE OF MEETING; April 5, 1983 CITY COUNCIL. AGENDA ITEM (USE EXACT 14ORDING AS ITEM 1S TO BE PLACED ON AGENDA) Consider final payment to Moore Construction Company for Northridge Drainage, SUMMARY: Total wor); complete is $263,944,20. Two deductions of: a) $1,417,:: for repairing asphalt damage and b) $7,700,00 for 55 penalty days reduce the total work payable to $254,826.70, Previous payments amount to $230,856,03, Final payment is $23,970.67. FISCAL SUMMARY: Total for Northridge and Balance of Northridge is $284,429,45. Th.S gives an 11,66% savings from the bid price, ACTION REQUIRED; Approve final payment including both deductions. ALTERNATIVES: Approve final payment without liquidated damages, STAFF RECOMMENDATIONS; Staff recommends final payment with liquidated damages and asphalt repairs included. EXHIBITS: 1, Memo to Rick Svehla I1, Invoice from Moore Construction ti CITY OF DENTON MEMORANDUM TOi Rick 8vohla FROMi Jerry Clark DATEi March 29, 1983 SUBJECTi Final Payment to Moore Construction Final payment can now be released on the Northridge Drainage Project, It was completed on March 10, 1983, The contractor finished cleaning out the boxes and reshaping the channel just below Headlee Street, Total work payable to date is $263,944,20, The contractor ran 55 days into penalty, which at $140.00 per day amounts to $7,700,00 it) liquidated damages, During construction, the contractor damaged an excess amount of asphalt which we required that he pay for. 'Phis total for 27 tons of asphalt amounts to $1,417,50 which had already been paid for in the Balance of Northridge Drainage to Jagoe Public, This gives total work payable $254,826,70. Previous payments amount to $230,856.03, 'T'otal owed is $23,970.67. Total for both of the projects, Northridge and the Balance of Northridge Drainage, s $284,429.45. 'Pile original project estimate was $321,960.00. This amounts to a cost savings of 11.668. Most of the savings occured from rebidding the asphalt which was bid at an extremely high price, however we were able to eliminate some of the concrete work as field conditions allowed. The liquidated damages also provided a cost savings, however, the work was not completed on time. Overall, we feel that this pro3ect will be a definite benefit to the City of Denton and most of the citizens seers satisfied. e r a ,`E, I Sen r 61,Gil Engineer FSTIMATI; NO N0, MOORS CONSTRUCTION, INC. CITY OF P , FROG ,2.-.1-83 ' TO"?~ Mr. Jerry CIA-'r k City of Denton Municipal Building Denton, Texas 7521:11 POST OPPIOE' BOX 669 PHONE (214) 888.2989 JACKSONVILLE, TE,#'.A,S 75766 PURCHASE ORDEJ, 8997 ITEM WIT DESCRIPTION 14ORK COMPLETE PRICE ;IROUNT 27 ton, Asph. Patch 52.50 (1,417.50) 104-A 1250 S.Y. REMOVE CONC. PAVEMENT 1000 5.00 $5,000.00 104-B 645 L.F. REMOVE CURB & CUTTER 406.5 5.00 2,032.50 104-C 165 S.Y. REMOVE SIDEWALK & DRIVEWAY 112.3 4.00 1449.20 110 1345 C.Y. UNCLAS. EXCAVATION 1345 10.00 13,450.00 432 1160 S.Y. 4" CONCRETE RIPRAP 877 28.50 245994.50 465•-A 67 L.F. 15" R. C'. P. 71 20.00. 11420.00 465,-11 29 L.F. l8" R.C.P. 62 22.00 11364.00 465-C 40 1„ F. 24" R.C.P. 29 27.50 797.50 465-D 336 L. F. 27" R.C,P. 346 30.00 10,380.00 465-E 628 L. F. 30" R.C.P. 414 34.50 14,283.00 465-F 347 L. F. 36" R.C.P. 464 44.00 ~ 200416.00 465-C: 392 L. P. 48" R.C.P. 392 60.00 23,520.00 ,470-A 1 EA. 5' x 5' JUNCTION BOX 1 11500.00 1,500,00 470-B 2 EA. 6' x 6' JUNCTION BOX 2 1,600,00 3,200,00 470-C I EA. SPECIAL 6' x 8.5' BOX 1 41500.00 40500.00 470-D 6 FA. 4' CURB INLET 6 11300.00 70800.00 470-E 3 EA. 6' CURB INLET 3 11500.00 4$00.00 170-F 1 11A. 8' CURB INLET 1' 1,900,00 1,900.00 470-G 1 EA. 10' CURB INLET 1 21000.00 2,000.00 470-11 7 EA. SPECIAL INLETS 7 3,0.00 21,000.00 471 19 EA. INLET I'RMIES & COVERS 19 15 150.00 2,850.00 522 339 L.F. CONCRETE CURB & CUTTER 564.5 8,00' 40516.00 524-A 150 S.Y. CONCRETE DRIVEWAY 94 30.00 2,820.00 524-Y 12 S.Y. CONCRETE SIDEWALK 18 23.00 414.00 560 90 L. F. RETM,fEAM GUARD FENCE b0 25.00 2,000.00 SP--2 2240 L. F. SAWCUT 2125 2.50 59312.50 SI1-4 6 EA. LOWER WATER LINE 1 500.00 500.00 SP-6 8 EA. ADJUST SEWER SERVICE 7 100.00 700.00 SP-7 8 EA, ADJUST WATER SERVICE 0 100.00 -0- SP-8 40 L. F. 8" DUCTILE IRON SEWER PIPE 40 12,00 480.00 SP--5 695 L. F. 5' x 3' BOX CULVERT 682 115.00 78,430.00 Cut 24" Dia. Hole lit Inlet 012 & Grout 65.00 . 5x5\8' Junction Box 11350.00 TOTAL AMOUNT WORK C044PLETL•' $26'_.: 6.70 REM NAGS 10% PREV (OUS PAYMENT i TOTAL AMUNT DUE 'I'11IS ESTIMATE 31 , : 0.67 I I wry ot oeNmN, rams MUNICIPAL BUILDING / DENTQN, TEXAS 76201 / TELEPHONE (817) 566-8200 Tot The Mayor and Members of the City Council FROM., Bill Angelo, Senior Ad:ninistr.ative Assistant DATE: March 30, 1983 S BJECT: Agenda Item 411 - Airport. Office Cease Agreement I. have attached for your consideration a copy of the proposed lease agreement with Ray Testa Enterpriser, Inc, for office space rental in the Airport Terminal Bttildinq, This office was previously lea.sod to Network C011Mmunications, Inc„ and has been vacant for the last three months. Mr. Ray Testa has requested the use of this office for his colT,pa::y which is engaged in the sale of specialized aircraft parts, The lease agreement runs for a term of one year and is renewable at the option of both parties. The lease also requires a month rental fee of $100.00 and provides for cancellation of the agree ment for just cause, The Airport Advisory Board considered this item at the regular meeting of March 9, 1983, and unanimously recommend approval. Should you have any questions or, comments on this matter, pleas, let us know. Respect:fu.lly Submitted Bill Angelo BA/bp I THE STATE OF TEXAS $ LEAOE AORE&NNT COUNTY OF DENTON $ This lease is made between the City of Denton, Texas, a hone rule municipal corporation, as Lessor, and Ray Testa, doing buainess as Testa Xnterprises, as 1408800, Lessor hereby leases to Lessee and Lessee rereby hires from Lessor, office space as presently constituted (hereinafter called "premises") In the City of Denton Airport Administration building located at the Denton Municipal Airport, herein referred to as Office "B" as described on exhibit "A" attached hereto and inoorporated herein by reference. The office space is leased for a term of one (1) year, oommenctng on the day of , 1983 and ending on the day of , 1984. After the expiration of one (1) year, either party may cannel this lease upon thirty (30) days advance written notice to the other partyi unless the Looses, at least thirty (30) days prior to the expiration of this lease, notifrea Lessor in writing to extend this lease for one additional year, The Lessee shall pay to the Lessor the monthly rental of One Hundred Dollars ($100,00), due and payable in full, in advance, an the first day of each calendar month. All monthly rental and any notice of cancellation to Lessor shall be addressed or made payable to the City of Denton and delivered to the Denton Municipal Airport manager at his office or such other place as the Lessor may designate in writing, Lessee shall commit no act of waste and shall take good cart of the premises and fixtures and appurtenances therein, and that at the expiration of the lease, peaceable possession of the said premises shall be given to the Lessor in as good condition as at :he beginning of this lease, usual wear and tear, damage by fire, and acts of Cod or the elements excepted. Lessor shall furnish heating, air :onditioning and necessary electricity for lighting and the operation of usual office machines. Lessor shall have the right of access at reasonable times :or -----esartlnfng -and making-repalrs ttr ~aid-prentsas. - LEASE AC1!:;F.11i::1' !P!, Oa£ Lessee shall not engage in. nor permit any third party to engage in, the following Aotivitiesi 1. Avionlo sales and Services 2. Selling of Pilot Supplies 3. Operation of a Flight School 4. Aircraft Storage 5. Aircraft Maintenance 60 Aircraft sales 7. Aircraft Rental 8. Aircraft Charters 9. Fuel Sales 10. Overnight or monthly lie-down rentals, Lessee shall not assign nor sublet this leave nor any part there- of without first obtaining the written consent of Lessor. Time is of the essence of this lease with respect to the perfor- mance by the Lessee of its obligations hereunder. The covonants herein shell extend to and be binding upon the heirs, exeoutors and administrators of the parties to this lease. Lessee's failure to cure a breach of any of the covenants and conditions contained heroin after thirty (30) days written notice of such breach shall constitute an automatic termination of this Itase and any and all of Lessee's rights harouncler shall cease. IN WITNESS WHEREOF, the parties to this Lease Agreement -,ave hereunto set their hands on this the _ day of , 1983. RAY TESTA, d/b/a TESTA 11ITY OF DENTON, TEXAS ENTERPRISES, LESSEE LOSSOR BYi BYE RAY TESTA RICHARD O. STEWART, MAYOR P. 0, BOX 241 SANGER, TEXAS ATTESTi CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMi C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON$ TEXAS BY, _ i LEASE AGRP.VMVi i' /PAGE 'MO ILY3DY s I1~TF~ f0°STIYJCM OfipT( OF"All i FfN c RFS'TF.~Ctd \ / MR" MNICIPAL AXAPORT TEI?FML IAYOW rah CI'T'Y OF DENTON plkMORANUUD1 DATE OF MEETINGt A')ril 5 1983 CI'T'Y COUNCIL AGEN A ITEM S CT d RDINT-KS""ITER 19 TO PLACED ON AGENDA) Consider the request of ms. Darles Watson for a curb out c': Carroll Boulevacd. SUMMARY t We have a received a request from Darles Watson at 1021 Carroll Boulevard for an additional driveway cut on Carroll. V' -t residence already has a driveway in placer so access to t.'e property is available. Staff has been very concerned about t.f driveway openings on Carroll Boulevard. In this case, the ni-w driveway would be only 32 feet from the existing driveway. FISCAL SUMMAztY t Not Applicable. ACTION REQUTREDt Council should deny the curb cut and Adititional driveway request. ALTERNATIVESt Council could approve the proposed driveway and curb out. STAFF REC=hIENDATIONSt With regard to the txxaffic control problems relating .o additional driveways, the staff recommends that the driveway .e denied. EXHIBITS: 1. Memo to G. Chris Hartung II. Momo to Rick Svehla 111. Map or the area R uk 5vehla CITY OF DENTON MEMORANOUM M G. Chris Hartung EROMi Rick Svehla DATSY march 31, 1983 SUBJECTI Driveway Request on Carroll Boulevard We have a received a request from Uarlos Watson at 1021 Carroll Boulevard for an additional driveway out on Carroll. The residence already has a driveway in place, so access to the property is already available. Council, along with the Staff, has been very concerned about the driveway openings on Carroll, Boulevard. We have been dealing with that problem and this type of request for at least the last 5 years. In this case, the now driveway would be only 32 feet from the existing driveway. As you can see from the attached memo from 't'raffic Control, this is below the normal reparation distance for the 35 mph speed limit posted. Using this criteria, and also keeping in mind the concern about traffic control problems related to additional driveways, the staff recommends that the driveway be denied. If you or the Council have further questions, staff will be available t the meeting. Rick Svehla Assistant City Manager WrY*I D/'NTON rffX" MUNICIPAL BUILDING/ ONNTON, TEXAS 76201 / TBLEPNONE (81715668200 MEMORANDUM DATE4 March 30, 1983 TOi Rick Svehla, Assistant City Manager FROM3 Koorosh 01yai, Traffic Engineer SU8JECTs Proposed Circular Drive - 1201 Carroll Blvd. Along major thoroughfares, the spacing between driveways is dependent upon the speed limit of the roadway. Carroll Blvd. is a major thoroughfare which has a 35 mph established speed limit. The recommended driveway spacing for. 35 mph is 100 feet. ('t'his is measured along the property line from the edge of one drive- way to the closest edge of the next driveway and not from centorli.ne to centerline). The proposed improvement, as shown on the drawing, only provides for 32 feet of spacing which is inadequate. Please let me know if additional information is needed on this matter. Y.oorosh Olyai KO/bp (,1 ~~:..1 Mw r...r.{ 'w•y moo.. -++r+..~wl' 4-. -,.w f^^' ....w..... ...w. ..w""Y.w~ r~r.i I 71 1 r W , Qlk C'4 IoM MGlf'r, , a ~...w 1 1 1 , ...r Ir 1 „1~ r +f 1 1 / c r , 1 . 0& , Fl Cii' ui COOt'. j public Warks U,',,. # j sarvks Center r..,~J T Solrrf/ l'R~'P~ 7Y,CIAY I I /6 I~YJ~AI✓-r V4-- Lim R 3/ Q 1 v Y ~a wr oe~~ MA3 C Its ~iQOM Nogra,vDPe 1'Y ,LINE 73 ,CORL~:cC 'S,, V1 ti F`1o~-`~ x,32' rid 7,1 CITY OF DENTON MISMORANDUM DATV OF, mn,rINGi A2ril 5, 1983 CITY COUNCIL AGENDA ITEMi Approval of a contract with David M, Griffith and Associates, Ltd, to conduct an indirect cost allocation study SUMMARY: Last year, the City of Denton utilized the services of David M, Griffith and Associates, Ltd, to allocate the indirect administrative costs for the City. Payment for the services was contingent upon the City realizing at least twice, the revenues in the General fund than the study cost. The discussion in the accompanying letter outlines the results of that study. This year, the cost allocation plan will be updated to include the current year's budget and updated statistics for the basis of allocating expenses. The study will provide for the City a basis of applying an administrative charge to federal grants aIso. FISCAL SUMMARYi The cost of the allocation plan is $8,000 to be funded out of the 1983-84 operating budget. ACTION REQUIRED: Approve contract with David M. Griffith and Associates, Ltd. STAFF RECOMMENDATIONS: Approval of the contract is recommended. r. ~ ~h. ,gyp' •4: 7.~lta' k DAVID M. GRIFFITH AND ASSOCIAT;~S, LTD, t. i w Oi Mt&oARTNUR p1~Vq,pSUlTr 400 r3 IRVlNO, TEXAS 750821(214) 659.1385 February 17, 1953 Mr, 4iilliam McNary Director of Finance City of Denton 215 East McKinney Denton, Texas 76201 Dear gill; David M, Griffith and Associates, Ltd., is pleased to submit this proposal to continue to provide cost allocation services to the City of Denton. First, however, permit me to outline the results of our initial engagement. gacl,Around. David M, Griffith and Associates, Ltd,, was engaged to develop the City's first cost allocation plan based on budgeted expenditures for fiscal year 1982. The plan was presented to the City on August 9, 1982. The major results of the initial engagement are summarized below: Water and Sewer Fund. The DMG cost allocation plan identified $627,248 of general fund services incurred on behalf of the Water and Sewer Fund, This amount compared to $485,519, as determined by the City's previous cost allocation methodology. Accordingly, this area alone has accounted for substantial additional recoveries to the City's general fund and has more equitably assigned actual costs to users of plater and Sewer services. hlr, 4111 l i am McNary Page two February 17, 1983 Electric Utility Fgnd, The DMG plan identified $849,188 of general fund services incurred in support of the City's Electric Utility departments. This figure compared to $8511751, as determined by the City's pervious cost allocation methodology, While this area has not resulted in additional recoveries to the City's general fund, the DMG plan has objectively demonstrated the equity of charges being made to the Electric Utility. Due to the material- ity of the amount involved, the DMG plan should prove especially useful insofar as outside professionals have concurred with the existirg level of charges. Sanitation Fund. The DMG plan identified total general fund services of $308,631 to the City's Sanitation Fund, This compared to $115,278 as de- termined by the City's previous methodology. Existing constraints have unposed limitations on assessing additional charges to the Sanitation Fund, However, the information contained in the cost allocation plan is valuable to the City as an additional evaluation tool in determining the desirability of contracting for sanitation services from a private party. Indirect Cost Rate. Concurrent with the preparation of the initial cost allocation plan, David M, Griffith and Associates, Ltd., computed a consolidated City-wide indirect cost rate applicable to all City of Denton operations. Documentation of the rate will permit the City to budget for the inclusion of indirect costs as rederal and State grants are r 1;' c 4 Mr. Wi111am Mc;Nary Page three February 17, 1983 awarded in the future. Additionally, as opportunities arise to recover full indirect costs on future grant programs, David M, Griffith and Associates will be available to compute indirect cost rates appropriate to the actual cir- cumstances existing and to secure any required approvals from Federal or State agencies. We offer these servicos as part of our continuing commitment to the City of Denton, Moreover, these services will result in no additional expense to the City, * * * * * Proposal.. David M. Griffith and Associates, l.td,'s initial engagement w1 th the City of Denton resulted in the development of a cost allocation plan en- compassing budgeted expenditures for the year ended September 30, 1982. The initial plan proved to be a valuable asset in determing and assessing general fund services incurred on behalf of the City's utility funds. Whereas the level and amount of general fund services provided is not a static condition, the City needs to update its cost allocation plan annually. Therefore, this proposal coversthe preparation of a cost allocation plan based on budgeted expenditures for the year ending September 30, 1983, Specifically, we ;propose to complete the following primary objectives: * To prepare a Budget FY 1983 City-wide cost allocation plan. t~ Mr, William MoNary Page four February 17, 1983 * To assist City personnel to successfully utilize the cost allocation plan to the City's maximum advantage and ensure perpetuation of the plan in subsequent years, * To compute, and secure required approvals for, indirect cost rates applicable to Federal and State grant programs as needs and opportunities arise, 4Jork Program and Schedule The specific steps that we will undertake to complete this plan will be virtually the same as were performed during the initial engagement. We are prepared to commence work on this engagement in April, 1983, air? will have final copies of the Budget rY 1983 plan available to you Within approximately six weeks of the starting date. Fees Our fee for the first year was $10,000. Since we are now familiar with the organization structure and operating procedures within the City of Denton, we anticipate achieving added efficiency and economy in updating the cost allocation plan. We are pleased to be able to pass those savings on to the City. In my letter to you dated August 27, 19829 1 mentioned an update figure of 80 percent of the initial fee. We are fully prepared to meet that commitment. Accordingly, the fee to complete the current engagement is $8,000. Staff 1, personnally, will manage all of the work necessary for the tti.~ ~t , r S't Mr, William McNary Page five February 17, 1988 Budget FY 1983. cost allocation plan from stark to completion. In this endeavor, I will work closely with for, Donald Brower, Vice President of our South Central Region, and other David M, Griffith support staff to ensure both the accuracy of the plan and timeliness of presentation, ,Qualifications David M, Griffith and Associates, Ltd,, is pround of its role as the national leader in preparing cost allocations plans for the City and County governments, In Texas, we have successfully completed engagements for the following cities: Dallas, Fort Worth, Austin, El Paso, Abilene, Lubbock, Garland, Grand Prairie, Longview, Corpus Christi, Arlington, and, of course, Denton, 'texas counties served by David M. Griffith and Associates, Ltd., include: Dallas, Harris, E1 Paso, Galveston, Tarrant, Cameron, and San Patricio, Contract I am enclosing a proposed contract for our services. Although this is our standard contract, you may have it rewritten as necessary to meet the City's needs, We sincerely appreciate your past confidence in our professional services and look forward to serving you again in the near future. Very truly yours, /r Randall R. Handley Associate FEB 2 1 19 3 AGREEMENT TO PROVIDE PROFESSIONAL. CONSULTING SERVICES FOR THE CITY OF DENTON, TEXAS THIS AGREEMENT, entered into this day of 193:; and effective immediately by and between- via M, Gri7MY'a-TsC ocMa'tes, Ltd,, (hereinafter called the "Consultant") and the City of Denton, State ui Texa;, (hereinafter called the "City"), WITNESSETH THAT: WHEREAS, the City has programs which it operats with outside funding, and WHEREAS, the City supports these programs with support services paid from City appropriated funds, and WHEREAS, outside users will pay a fair share of these costs if supported by an approved cast allocation plan, and WHEREAS, the City has previously filed an approved plan and has recovered outside funding due to the City, and WHEREAS, the Consultant is staffed with personnel knowledgeable and experienced in the requirements of developing and negotiating such governmental cost allocation plans, and WHEREAS, the City desires to engage the Consultant to assist in developing a plan which conforms to Federal rec.0 rements and will be appro,ivd by their represertatives, NOW THEREFORE, the parties hereto mutually agree as follows: 1. Employment of Consultant. The City agrees to engage the Consultant end the o`nsultant liereliy agrees to perform the following servi:,es. 2. Scope of Services. The Consultant shall do, perform, and carry out in a good proFessional_ manner the following services: A. Development of a budgeted central services cost allocation plan for the year ending September 30, 19B3, which identifies the various costs incurred by the City to support and administer non-general fund programs. This plan ~aill contain a determination of the allowable costs of providing each supporting service, such as purchasing, legal counsel, disburse- ment processing, etc. B. Negotiation of the completed cost allocation plan with appropriate Federal or State representatives, as necessary. The negotiations must be successfully conducted on the City's behalf, C. Assistance in preparing the initial claims to the out- side users for recovery of funds due the City. Consultant will monitor the progress of claims to insure the City receives recoveries due it. 3, Time of Performance, The services to be performed hereunder by the Consultant shall be undertaken and completed in such sequence as to assure their expeditlous completion and best carry out the purrc,ses of the agreement, All services required hereunder, except for monitoring recoveries, shall be completed within six months from the date this copcract is signed by both parties, 4, Compensation, The City agrees to pay the Consultant a sum not to exceed Eight Thousand Dollars ($8,000,00) for all services required herein, wKich shall include reimbursement for expenses incurred. Consultant agrees to complete the project and all services provided heroin for said stun. 51 Method of Payment, The Consultant shall be entitled to payment in accordance w th t e prov sons of this paragraph, The Consultant agrees to undertake this engagement with the following advantages to the City. Upon completion of the engagement, Consultant will compute recoveries due to the plan. Consultant will be due one-half of the recoveries but limited to the amount agreed upon in paragraph 4. All recoveries in excess of the Consultant's fees will be retained solely by the City. 6, 7imincn of Consultant Pay, t. Upon completion of the plan and computation of recoveries, Consultant Will invoice the amount due to the Consultant as agreed upon in paragraph 5, Then the City will pay the Consultant's invoice within two weeks. 7. Chan es. The City may, from time to time, require changes in the scope of the services of the Consultant to be performed hereunder. Such changes, which are mutually agreed upon by and between the City and the Consultant, shall be incorporated in written amendment to this agreement. 8. Services and Materials to be Furnished by the City.. The City shall furnish the Consultant with all available necessary information, data, and materials pertinent to the execution of this agreement. The City shall cooperate with the Consultant in carrying out the work herein, and shall provide adequate staff for liaison with the Consultant and other agencies of City government. 9. Termination of __A__~g__r_e~ement for Cause. If, through any cause, the Consultant shall fail to fulfill-in timely and proper manner his obligation under this agreement, the City shall thereupon have the right to terminate this agreement with cause, by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. 10. Information and Re orts. The Consultant shall, at such time and in such form as the City may regtiTre, furnish such periodic reports concerning the status of the project, such statements, certificates, approvals, and copies of proposed and executed plans and claims and other information relative to the project as may be requested by the City. The Consultant shall furnish the City, upon request, with copies of all documents and other materials prepared or developed in conjunction with or as part of the project, page 2 11. Records and Inspections. The Consultant shall maintain full and accurate recbrTs-w tF respect to all matters covered under this agreement, The City shall have free access at all proper times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. 12. Accomplishment of pro Pct. The Consultant shall commence, carry on, and complete the project with a I practicable dispatch, in a sound economical and efficient manner, in accordance with the provisions thereof and all applicable laws, In accomplishing the project, the Consultant shall take such steps as are appropriate to insure that the work involved is properly coordinated with related work being carried on in the City. 13. Provisions Concerning Certain Waivers, Subject to applicable law, any right or remedy w ch the City may have under this contract may be warred in writing by the City by a formal waiver, if, in the judgement of the City, this contract, as so modified, will still conform to the terms and requiremwnts of pertinent laws. 14. Matters to be Disregarded. The titles of the several sections, subsections, and paragraphs set forth in this contract are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of the provisions of this contract. 15. Completeness of Contract. This contract and any additional or supplementary document or documents incorporated herein by specific referem e contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the pal-ties hereto, 16. Cif Not Obligated to Third Parties.. The City shall not be obligated or liable hereui-iZi- to any party other t~iari tfie Consultant. 17. When Rights and Remedies Not Waived. In no event shall the making by the City of any payment to it e Consu tanti constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist shall in no seise impair or prejudice any right or remedy available to the City in respect to such breach or default. 18. Personnel. The Consultant represents that he. has, or will secu-e at his own expense, all personnel required in performing the services and?- this agreement. Such personnel shall not be employees of or have any contract- ual relationship w1 th the City. All of the services required hereunder wi'l be performed by the Consultant or under his supervision, and all personnel engaged in work shall be fully qualified to perform such services. 19. ConsUltant LiabilityIf', Audited. The Consultant will assume all financial an statistical information provided to the Consultant by City employees or representatives is accurate and complete. Any subsequent disallow- ance of funds paid to the City under the plan is the sole responsibility of the City. Consultant will, however, provide assistance to the City should an audit be undertaken of City indirect costs, page 3 20, Notices, Any notices, bills, invoices, or reports required by this agreemen` t ss ill be sufficient if sent by the parties hereto in the United States mail, postage paid, to the addresses noted below; Mr, William McNary David M. Griffith and Associates, Ltd. Director of Finance 3501 MacArthur Blvd,, Suite 400-B City of Denton Irving, texas 75062 215 East McKinney Denton, Texas 76201 IN WITNESS WHEREOF, the City and the Consultant have executed this agreement as of the date first written above, City of Denton, Texas By; (City Official) Attest: David M. Griffith and Associates, Ltd. By: Dona . Brewer Vice President C ~l J r v1 o I I I April 5, 1963 CITY COUNCIL AGENDA ITEM SUBJECT; Consider Change Orders #2 and #3, C-48-1188, Contract "A"anu Change Orders #3 N #4 Contract "C", InLerceptur Sewers - Section 2, 11or Cullum Construction Company and Freese and Nichols, Incorporated. SUIMARY: These Change Orders consist of final adjustments to work quantities as the result of actual construction and are needed to align pipes with State Highway and easements, Change Order #2-(Contract "C") Provide a bored and cased crossing for a 12-inch ductile iron pipe to the NTSU line. T111s additional bored crossing was necessary due to alignment changes required by the Department of Highways and Public TransporL-ation in the vicinity of the 1-35W and 1-351; interchange, Change Order #3-Contract " D- In the supporting; documentation, there is a tabulation that reflects the differences in work quantities as l.fsted in the original con Lract compared to quantities actually constructed. Change Order #3 (Contract "A" Changes requireo in Llie field consist of (a) reworking steel cylinder concrete pipe to conform with reiiLig;nment changes on ho ruin Jones easement and in area of F. M. koad No, 2181, (b) delete two air release valves and offset two air release valves over to highway right-of-way line, and (c) modify interconnections of piping and manholes at the CO-LD lift station. Change Order #4 (Contract "A") In the supporting documentation, there is a tabulation that reflects the difference in work quantities as listed in the original contracL compared to quantities actually constructed, 1926U-2 i i FISCAL SURRAM The Utility Staff requests Change Orders for the following, items: Change Urder #2 (Contract "C") Installation of bored crossing on NTSU line + $ 71888.00 Change Order #3 (Contract "C Adjustment of unit quantities to reflect actual work constructed - $ 103.10 Change Order #3 (Contract "A") Installation of three (3) miscellaneous field changes + $ 41151.00 ) Change order #4 {Contract-_"A" Adjustment of unit quantities to reflect actual work constructed - $11,046.40 Net increase for the above + $ 887.50 Source of Funds: Bond Funds and possibly hnvironmental Protection Agency. ACTIUN RLQUIRED: Approval or disapproval of subject change order by City Council. RECOMi IENDA'rION: Vreese and Nichols, Incorporated and the Public Utilities Board, at their meeting of March 23, 1983, recommended to the City Council. approval of subject Change Orders In the net increase amount of $887.50. Respectfully, K. L. Nelson Director of Utilities LX1ii1)LT: Change Orders 192611/3 1 , 1 CHANGE OR EXTRA WORK ORDER I T Y PROJECTS DTN 82032, Sanitary Sewer Lines CONTRACT: C-48-1188; Contract "C" OWNERi City of Denton, Texas . CONTRACTORt Cullum Construction Company CHANSE ORDER NO. 2 DATE, March 10, 1983 CHANG1 OR IXTRA WORK TO Rlr PIMFORMW Provide a bored and cased crossing for a 12-inch ductile iron pipe on N.T.S.U. line similar to crossing "V" in contract. Cost of Change: 68 L.F. @ $116.00------$7,888.00 NOTE: This additional bored crossing was made necessary due to alignment changes required by the Dept. of Highways & Public Transportation in the vicinity of the 1-35W and 1-35E interchange and is shown on attached Sht. No. 36 (Revised 10/27/82); Differences in unit quantities of pipe required by this realignment will be reflected .fin Change Order No, 3 I Previous contract amount $2,144,188,00 Net (increase)(et+swwac* in contract amount 79888.00 Revised contract amount $2,152,076,00 Not(inereas*)(docrease)In contract time of completion No Change Revised contract time of completion 365 Calendar Days Recommended by Approved by OWNER FREESE AND NICHOLS BY By Dhtrlbullam • Approved by CONTRACTOR I owner 1-- COANder I- P. $ N. oraee BY - I Re,. Eng. 1 CSHANGI OR UTRA WORK ORDIR C I T Y PROJECTr DTN 82032, Sanitary Sewer Lines i CONTRACT, C-48-1188; Contract "C" OWNERI City of Denton, Texas CONTRACTORr Cullum Construction Company CHANGE ORDER NO. 3 DATEr March, 10, 1983 CHANGE OR EXTRA WORK TO dE PERMORMED The attached tabulation reflects the differences in "Unit Quantities" and "Dollar Values" between these items listed in the original contract as compared to quantities actually installed with respective values of same, Net value of this change (Decrease)-------------------- $103.10 Previous contract amount $2,152,076.00 Not 0w*ax*Xdecreuse) In contract amount 103.10 Revised contract amount $2,1511972.90 Nst(increase)(decrease)In contract time of completion No Change Revised contract time of completion 365 Calendar Days Recommended by Approved by OWNER FREESE AND NICHOLS By By_ Ob+ribu+leni Approved by CONTRACTOR I -owner I Conhealer 1- F. A N. 01nds By- I - Ret. Enq. CHANGI OR RXTRA WORK ORDIR G T Y PROJECT; DTN 82030, Sanitary Sewer Lines • CONTRACTI C-48-1188, Contract "A" OWNER, City-of Denton, Texas CONTRACTORS Cullum Construction Company CHANGE ORDER NO. 3 DAT64 March 10, 1983 CHANGE O'R EXTRA WORK TO BE PERFORMED The following changes shall be made: A. Rework steel cylinder concrete pipe to conform with realignment changes on Marvin Jones easement and in area of F.M. Road No. 2181. ADD--------------------- $ 758.00 B. Delete two air release valves and offset two air release valves over to highway R,0,14. line. (Credit for omission of 2 valves will be incorporated,in the unit quantity adjustments in Change Order No. 4) ADD--------------------- $2,193.00 C. Modify interconnections of piping and manholes at the CO-ED lift station as per attached sketch, ADD--------------------- $1,200.00 • NET CHANGE IN CONTRACT AMOUNT (INCREASE) $4,151.00 Previous contract amount $1,871,904.80 Net(increase)(A*RK*xR*)in contract amount 4,151.00 Revised contract amount $1,876,055,80 Net(Increase)(decreose)In contract time of completion . No Change Revised contract time of completion 365 Calendar 'ays Recommended by Approved by OWNER FREESE AND NICHOLS By By DIifrlbullent • Approved by CONTRACTOR I -Owner I - Conlr,i of or I F. A N, O Nia By. _ I -Rol, Eng. CHANG1 OR EXTRA WORK ORDER PROJECTr DTN 82030, Sanitary Sewev Lines CONTRACT, C-48-1188, Contract "A" OWNER: City of Denton, Texas CONTRACTORr Cullum Construction Company CHANGE ORDER NO, 4 DAT@, March 10, 1983 CHANQR OR EXTRA WORK TO !!E PER103tJMRD The attached tabulation reflects the change in unit quantities shown on the original estimate as compared with the actual unit quantities in- stalled under this contract. Total Value of Decreased Quantities----------------- -----$137,836.40 Total Value of Increased Quantities-----------------------$125 884,60 TOTAL DIFFERENCE (DECREASE) .80 LESS: Credit previously'Received for Unit Quantity Changes as Recorded on CHANGE ORDER NO, 2---------------------------------$ 903.00 NET VALUE OF THIS CHANGE (DECREASE) 1748780 Previous contract amount .$1,8765055,80 Not (i~oxx«oust)(decrsase)In contract amount 11,048,80) Revised contract amount $1 ,8655007,00 Net( increase)(decrease)ln contract time of completion No Change Revised contract time of completion 365 Calendar 0ays Recommended 6y Approved by OWNER FREESE AND NICHOLS By By Dhhibullom Approved by CONTRACTOR I - own+r , 1- ConFr+eEor I - F. i N. OFFi++ EY I - AOL 5nq. PUBLIC UTIL M ES BOARD MINUTES March 23, 1983 ! Nelson reviewed some of the significant points concerning the proposed rates covered by the Committee to date; 1. Major restructure of rates requiredl 2. Continue seasonal rates for residential but eliminate for commercial and have same rate year round; 3. Continue to use the FCA clause (need to inform citizens on this issue). No definite target date has been set as the revenues are not the main issue, the major restructureing of rates is the real need. We do need to review the rates again next fall to be sure we are accomplishing our goals. No further action by the Board is required. 9. CONSIUhk U'T'ILITY DLPARTMENT SUBMETERING POLICY REVIS1016; Tullos recommended that the Board review the PUC Substantive Rules regarding submetering and discuss further at next meeting. After a brief discussion, the Board recommended the Staff incorporate the board's input and develop policies to be submitted at next meeting for further discussion. 10. CONSIDhR CHANGE ORDERS 2 AND #3 C-48-1188 CONTRACT "A" AND CHANGE b U ff4o WNTKAUT . - SECTION 1, FOR CULLUM CONS'T'RUCTION COMPANY AND NREESE AND NICHOLS, INCORPORATED; Ham briefed the Board by stating that in essence, these were wrap-up Change Orders consisting of final adjustments to work quantities as a result of actual construction and are needed to align pipes with State Highway and easements. After a brief discussion by the board, Loveless made a motion that the board recommend to the City Council acceptance of the subject Change Orders in the net increase amount of $887.50. Second by Coomes, lour ayes, no noyes, motion carried. 11. CONSIDER CHANGE ORDER #2, C-48-1188-13, HICKORY CREEK L _ STATION FOR RED RIVER CONSTRUCTION COMPANY (PENETRATION COST AND G tU SEEU Ham briefed the hoard by stating this Change Order was for two additional items as a wrap-up for the Hickory Creek Lift Station. r 1934U/2 April 5, 1983 CITY COUNCIL AGhNDA I'I'Lill GUT3JLC'T' Consider Change Or.aer $12, C-48-1188-03, Wastewater 'T'reatment Plant, From Grtic oil Construction Company and [geese and Nichols, Incorporated, SUMMARY: 'T'his Change Order consists of plant improvements some of trhich were not foreseen until the new plant became operational, and others that the Staff recognizes must either be accomplished under this contract and posslbly the grant, or will need to be budgeted items in the 1983-84 budget; l,KU Furnish and install a new 3-ton chlorine cylinder jib crane complete with 3-ton electric holst, concrete foundaLiun and electrical connections, 'T'his item is necessary to alleviate an unsafe condition of structural failure In concrete and steel structure. ($29,560) 2.* Add to existing spray nozzle systems of the tinal clarifiers to make the spray continuous around the circumference of the basins. This item is necessary to control scum formation on the periphery of the clarifiers, 02,780) 3.* Au (I a 3/4-inch hose bib to riser pipe for the spray system on each of the final clarifiers and four (4) 3/4-inch hose bibs equally spaced across the south end of the etfluent litters, Insulate risers where subject to freezing, There is a requirement for potable water, to hose down and control scum on aeration clarifiers and chlorine basins, ($2,500) 4,** burnish to the City of Denton all of the spare parts listed on attached spare parks list. These spare parts are required to expodiLe equipm,2nt breakdown re;,airs. ($52j480) 5,Crate and ship the Lab-Line Insi.ruments Model 715 CO2 Incubator back to the factory and exchange it fur a Model 700 A Environmental Chamber, Credit for the returned unit will be given to the City on a tutUre change order, This Lab-Line infitrument Incubator does not have the features necessary for proper sample testing and this error was discovered where the equipment was received. The Company has agreed to make this exchange, ($10,140) 6,* ttepair air leaks in air blower pipjt% caused by heat damaged gaskets by nu)kit% internal joint repairs with heat resistant silicone. The repairs to the air teaks are required clue to excessive heat generated by compressed air being suppl.1eo to the aeration basin, The temperature of this comprea-sed air is higher than anticipated, ($3,470) 1926U/8 7Add 6'-0" width to concrete walkway of west end of Return Sludge Pump 6tation to result in 10'-0" wide concrete driveway, This item is required in order to tacilitate truck access rather tian man access to a loading door at the rear of the ReCUrn Sludge rump Station, The present walkway is Insufficient in width, consequently tire ruts result, ($950) 8,* Add 18" cast iron sluice irate to wal..I of chlorine contact basin, over 1.8" diversion line, to prevent effluent backing into basin when it is out of service for cleaning. ($5,760) 9.* Replace 3-inch diameter motor pulleys on live (5) sample pumps with 2-1/4-inch pulleys, to reduce Dump capacity by approximately 5010. This item is needed in order to control flow of samples into Laboratory. ($390) 10.* Extend Administration Building roof drain line from planter box In front of Building underground and through street curb south of Building to prevent pond ing In planter box, ($1,380) FISCAL SUMMARY The Utilities Staff requests a Change order for the following items: 1. Furnish and Install chlorine cylinder jib crane +$29,560.00 2. Extend spray nozzle system on two (2) final clarifiers 2,780.00 3. Add nose bibs iur spray system 20500.00 4. Furnisn spare parts +$52,480.00 5. Substitute Lab-Line Instruments Model 715 Cut Incubator for Model 700A Environmental Chamber +$10,140.00 6. kepair air Leaks in air blower piping A.$ 31470.00 7. Add auoitionaL concrete walkway at Return Sludge rump Station 950.00 b. Add cast iron sluice ;;ate 5,760.00 9. Replace sample pump motor pulleys with smaller pulleys 390.00 10. Extend Administration building root drain for planters 1,380.00 i Net increase for above $109,410.00 Source of Funds - Bond funds and possibly Environmental Protection Agency assistance. 1.926U/9 ACTION REQUI10,1)t Approval or disapproval of subject change order by City Council, KLCUMMLNUATION; Freese and Nichols, Incorporated, and the Public Utilities board at their meeting of March 23, 1983, recommended approval of Change Order #12 in the amount of $109,410,00, Itesyectfu ]y, h, L, Nelson Director of Utilities L\hIb'IT I Letter rrom Freese & Ni-:hols, Tnc,3/16/83 11 Connge urger p12- C-46-1188-03 I 1,926U/10 r 01MON• W. ►R 61p114,4 r,t. Ry NtQHP. * PAA ARK L ~pf p p + q A PAUL JONK* P& I k B E S I A N' U Y I C 10 6 S 1 ~ IY C RONCRT A. THOMPSON P,L C O N S U L T I N 0 I N o 1 N I I R$ JOC R MAP" ►.IL 0019 C. WAN. P4 W. CRNC$T OLCMCNT. OX CLYIN 0. Q9PCLAN0. P.C. JOHN H. Q OK. ►,L T. ANTHONY A910, PA March 16, 1983 4ANY N, RKAV9 , P.k Gracon Construction Company P.Q. Box 766 Mesquite, Texas 75149 Re: Denton, Texas WWTP Expansion Change Order No. 12 Gentlemen: Attached, please find eight (8) copies of Change Order No. 12 to the above referenced contract, covering miscellaneous items. After you have executed all eight (8) copies of the change order, please forward them to Mr, R. E. Nelson, Director of Utilities, City of Denton. A fully executed copy will be returned to you for your files after approval by the City of Denton. Yours very truly, FREESE AND NICHOLS, INC. ,C ; Elvin C. Copeland, P,E. ECC/jd Enclosures xc: Coy Veach R. E. Nelson, P.E. u 1 TELEPHONE 8 1 7 338.7161 0 11 LAMAR STRECT PORT WORTH. YCXA9 7 8502 CHANGE OR IXYRA WORK ORDIR PROJWTi ftstewater Treatment Plant Expansion CONTRACTi C-48-1183-03 OWN@Rr City of Denton, Texas CONTRACTOM Gracon Construction Company CHAN08 ORDER NO, 12 DA7Es March 16, 1983 •CHANON OR EXTRA WORK TO 86 pl£RFORMIRD 14 Furnish and install a new 3-ton chlorine cylinder jib crane complete with 3-ton electric hoist, concrete foundation and electrical connections, in accordance with attached drawings and specifications, ADD $29$60.00 2. Add to existing spray nozzle systems on the periphery of each of the two (2) final clarifiers to make the spray system continuous around the full circumference of the basins, . ADD $20780.00 3. Add a 3/4-inch hose bib to riser pipe for the spray system on each of the final clarifiers and four (4) 3/4-inch hose bibs equally spaced across the south end of the effluent filters. Insulate risers where subject to freezing. ADD $2,500.00 4. Furnish to the City of Denton all of the spare parts listed on attached 7- page spare parts list. ADD $52,480.00 5. Crate and ship the Lab-Line Instruments Model 715 C02 Incubator back to the factory and exchange it for a Model 700 A Environmental Chamber, Credit for the returned unit will be given to the City on a future change order. ADD $10,140.00 6, Repair air leaks in air blower piping, which were caused by heat damaged .gaskets, by making internal joint repairs with heat resistant silicone. ADD $30470,00 7. Add 61-0" width to concrete walkway at west end of Return Sludge Pump Station to result in 101-0" wide concrete driveway. ADD $950,00 8, Add 18" flatback self-contained, 5' unseating head, oast iron sluice gate to wall of chlorine contact basin, over 18' diversion line, to prevent effluent backing into basin when it is out of service for oleaning, ADD $5,760,00 9, lteplaoe 3-inch diameter motor pulleys on five (5) sample pumps with 2- 1/4-inoh-pulleys, to reduce pump eapaoity by approximately 50°6. ADD $390.00 10. Extend Administration Building roof draln line from planter box in front of Building underground and through street ourb south of Building to prevent ponding In planter box, ADD $1,360.00 Previous contract amount $7,7571440.00 Not(increose)(4i"&4Wn contract amount 109,410.00 Revised contract amount 71866,850.00 u Net(lncrease)(decrease)In contract time of completion No Change Revised contract time of completion No Change Recommended by Approved by OWNER FREESE AND- NICHOLS By By DIOribuHam `r Approved by CONTRACTOR I ownor f - confrector I - F. 8 N, Ofne• By I R.,, ER1, 1 . 1 Denton, Texas WWTP Expansion M CHANGE ORDER FOR JIB CRANE & HOIST The following itams are included: 1. Remove the existing jib crane and transport to location on plant site -for storage as designated by City of Denton, Remove elec- trical wiring to safe distance from concrete base and protect for re-installation on new facility, Break out the existing concrete .foundation which is approximately 41-0" deep and 81-0" in diameter at the bottom. 2. Excavate a minimum of 6" below bottom of existing foundation, for a minimum size of 91-0" square and 41-6" deep. Pour new foundation to details shown on attached drawings. 3. Furnish and install a new jib crane, equal to Robbins & Myers Model FPM-360-200-208MDW, with motorized jib, The jib crane shall be designed for 6000-pound capacity at extreme end of beam assembly, and shall have minimum height and length dimensions shown on attached drawing, Jib motor shall be 172-horsepower, 900 RPM. Jib shall have 112 RPM rotation speed. 4. Furnish and install on the boom assembly of the jib crane a 3-ton electric hoist equal to Robbins & Myers Model S2.3-191414S. The • hoist shall have a 19-foot lift, 14 fpm lifting speed and 25 fpm trolley speed. Hoist shall have a 3-horsepower hoisting motor and a 1/3-horsepower trolley motor, both weather protected for outdoor installation. 5. Furnish and install an 8-button pendant on the hoist, in a NEMA 3R all weather enclosure, for controlling all hoist and jib movements. Furnish and install an electrical festoon system from the junction box on the mast, below the head assembly, to the extreme end of the jib boom. 61 1 Electrical conduit and existing wiring shall be installed over the new foundation and up the mast to connect with the electrical festoon system and the entire jib crane - hoist assembly shall be made fully operational. 7. Base plate of foundation shall be leveled so that mast is exactly plumb and jib boom is exactly level at all points in traveling around a full circle. Grout beneath the base plate with non-shrink grout. 8. Paint all surfaces of the assembly in accordance with Spec. No. 1,11 of the paint schedule in the specifications. 9. Furnish six (6) copies of an 0&M manual in accordance with Par. Q, • Item 201 of the contract specifications. C, D . No. /Z ♦ ~ l..n+...-~~.'.YwY.whlo~r'wn~.l.-T....,w.+,...1..^wwwa~..... w-.....-_. ~.w~ ~ 1 . x G.5, 4 ~4QM Ass ! I! New Heed Assy~ I II 3 rorrlectrrc I Hole} w/r~lac, 'v/Eenr,,n Trol ley • C r ID ~ 2011 I_ _ .i. . Mss ; ~syl m b I I ; A NC HO CAL?' 1~~,~~ some ! Iev- (1rei.,y with Xb C; ineMfgl N As Existl Jib Crane ~4 do `A.5olts-) II E III ~ ~ ~ ~ ~ ~ , 'SEWAGE TREATMENr PLANT- T- P. ROP0860 CHANGE ORDER NO` /2 818$ LE 71QN 3TON JIB CRANE ~4toroa oatvl 14-THOlsr i SK-2".8.87 A / af' 9 SPARE PARTS GTST Chemical Pump: A. Chemcon . 1. Working Diaphragm Qty.: (1) One 2. Guard Diaphragm w Qty.: (1) One 3. Ball Valve Seat Qty.: (1) 4. Gasket and,Stops (1) One complete Set 5. Seal, Actuating Shaft - Qty.: (1) One 6. Seal, Motor Shaft - Qty.: (1.) One 2. Eimco 1•lotator: 1. The skimming device side wipers (part no. 81602A) 2. The skimming device bottom wipers (part no. 81601A), 3.-Mixing, Secondary Digester • 1. Four Blades 2. One set Relief Valve Diaphragm and "0" icing 3. 32 Springs 4. Side Plate-Gaskets 5. One set Shaft Seals 6. One Blade Slipper Tool r 7. Two Filter Element for Gas Filter S. Three Spare Fusable Elements 4. Wemco. Envirotech 1. V. Belt Part No. 103284 2. 100L Lower Bearing 62340-01 . Order from Wm. D. Graue Company P.O. Box 64669, 4228 N. Central Expressway (9208) Dallas, Texas 75206 Phone (214) 827--7481 5. Raw Pumps: Colt industries A. Fairbanks Morse Item Number 1. (2) Two Ring, Water Seal 10 2. (2) Sleeve, Shaft 14 3. (2) Wear Ring, Fronthead 16 4. (2) Wear Ring, impeller 17 5. (2) Deflecter 126 6. (2) Gasket, Volute 156 7.-(2) Gasket, Handhole Cover 203 6. Return Sludge Pump A. Colt Industries, Fairbanks Morse Pump Division Item Number I. Ring, Water Seal 10 , 2. Sleeve, Shaft 14 3. Wear Ri;,q, Fronthead 16 4. Wear Ring, impeller 17 5-. Deflector 126 6. Gasket, Volute 156 7:-Gasket,1Handhole Cover 203 7. 1F,ONSI CDQ AAA Moyno Pump Robbins & Myers Part No. 1. Rotor C71EE1 2. Stator C310EQ 3. Inspection Plate Gasket BE079Q 4. Stator Retaining Rind (Qty. 2) AE0085 5. Stator Gasket (Qty, 2) BE085Q 4Y 6. Suction Hsg Retaining Ring AE0085 Cont. 1EOES1 Cpp AAA Moyno pump item No. 7. Shaft Collar Retaining Ring AE0084 8• 110" Ring Kit KE111Q 9. Gear Joint Kit,, KE0951 8, lEOFS1 CDQ AAA Moyno Pump A. Robbins & Myers Item No. 1. Rotor C71EF1 2, Stator C310FQ 3. inspection Plate Gasket BF079Q 4. Stator Retaining Ring (Qty, 2) AP0085 5. Stator Gasket (Qty. 2) BF085Q 6. Suction Hsq Retaining Ring AE0085 7. Shaft Collar Retaining Ring AE0084 8• 110" Ring Kit KE111Q 9. Gear Joint Kit KE0951 9. 1EOES1 CDQ AAA Moyno pump, A. Robbins.& Myers Item No. 1. Rotor C71EE1 2. Stator C310EQ 3..Inspect.ion Plate Gasket BE079Q 4. Stator Retaining Ring (Qty, 2) AE0085 5. Stator Gasket (Qty,.2) BE085Q 6. Suction.Hsg Retaining Ring AE0085 7. Shaft Collar Retaining Ring AE0084 8, "0" Ring Kit KEIIIQ 9. Gear Joint Kit KE0951 10. 2EOFS1 CDO AAA Moyno Pump A, Robbins 4 Myers Item No, 1. Rotor C71EF1 Stator C310FQ 3, inspection plate Gasket BF079Q 4. Stator Retaining Ring (Qty. 2) AF0083 5. Stator Gasket (Qty. 2) BF085Q 6, SUCtion Hsg Retaining Ring AE0085 7. Shaft Collar Retaining Ring AE0084 81 "0" Ring Kit KE1110 90 Gear Joint Kit KE0951 lI. Wemco - Envirotech Graue-Haas, Inc. P.O. Box 64669 Dallas, Texas 75206 phone _(214) 827.-7481 -Model "co 1.,Case Gasket Qty. 2 2. Shaft Sleeve Gasket 1' 3. Shaft Sleeve 4. Gland Housing Gasket I Modal "EVP" 1. Case Gasket l 2. Shaft Sleeve l 3. Shaft Sleeve Gasket 1 4. Slinger l Model "WPSC" i 1. Shaft Sleeve 1 1 X2. Rope Sax Screen FMC Corporation 2050 N, Broad Street Lansdale, Pennsylvania 19446 Fig No. Part No. Qty. 1• Wire Rope w/Threaded stud 5 16 2 26 Turnbuckle with Taw g Z2, 13 2 E 3, Spares for Motor 2 43 1 4. Set Reducer Parts 1 I 1' 5. Lining Only 2 48 2 6, Shock Absorbers 2 39 2 7. Spring (Rake) 5 30 2 8e Rubber Coupling Hose 1 6 1 9-.Wear Flat on Rake 5 11 2 13. Modell No. '1256--0.-6 AO • A. Lamson company Allied Products Department Syracuse, Now York 13221 1. Impeller Locknut Part No. Qty•,1 792350 ($13.00) 2. Impeller Lockwasher Qty, 1 793800 ( 1,70) 4f 1 1 • 14. Znvirex Circular Sludge CQlleator "H" Drive, Half Bridge Rnvirex a Rexnord company 1. Drive Chain One complete 2. Drive Sprocket One complete 3. Driven Sprocket One complete 4. Worm One complete w/key 5.. Worm Gear One complete w/key "6. Sgeegees for Scraper Arm'- One complete set 7. Surface Skimmer One complete for each Flexible Blade skimmer w/fastenings $.'Motor w/pair of One for each of various Spare Bearings horsepowers in use .9. Spring Plate for Torque Overload Device One 10. Micro Switches on bracket for Torque Overload Device w One assemble • ~r I p~tlce axts I+ st w Pepe 1S. Misaellaneous' Parts List - Pumps Qty. 1. Xmpeller for Wemco (all models) 1 2. Shaft for Wemao (all models) 1 3.-Motor for pumps (each size) 1 t 4. Fire eye for heat exchanger 1 b, water circulation pump & motor (heat exch. I 7. Gaskets for heat exchanger 1 (set) ,8. Flame out sencor unit for boiler 1 10. Drive Motor for D.A.F. 1 '11. Drive Motor for Primary Clarifiers 1 12. Gear Reducer for Primaries 1 ~r PUBLIC U'I'ILY7'.II~S WIM NIMMES Maa oh 23 1983 1. place penetration course asphalt j surfacing on entrance road and rock surfaced parkins; area within + $5,000.00 pump station site. Seed unpaved surfaces within the fenced enclosure by hydro-mulching. + $22,,,000.00 Net increase for the above + $7t000,00 source of Funds - bond F'unus anti possibly Environmental Protection Agency. After a brief discussion by the Board, Cryan made a motion to recouunend in d thto the e amount City of Council acceptance Second by Coomes, subject four ayes, no Order nayes, motion carried, 12.~ CONSIDER CHANGE ORDER #12 C-48-1188-03 WASTUATER TREATMENT INCORPURA'E'EU ~ Ham briefed the board by stating this Change Order consists of plant improvements, some of which were not foreseen until the new plant became operational, and others that the Staff recognizes must either be accomplished under this contract and possibly the grant, or will need to be budgeted items in the 1983-84 budget: 1. Furnish and install chlorine + $ 29,560.00 cylinder jib crane 2. Extend spray nozzle system on two (2) final clarifiers + 21780,00 + $ 2,500.00 3. Add hose bibs for spray system 480.00 4. Furnish spare parts + $ 52,[ 5, Substitute Lab-Line Instruments Model 715 CO2 Incubator for Model 700A Environmental Chamber + $ 10,140.00 6. Repair air leaks in air blower + $ 30470.00 piping 7. Add additional concrete walkway at Return Sludge Pump Station + $ 950.00 8. Add cast iron sluice gate + $ 5,760.00 9. Replace sampLe pump motor pulleys with smaller pulleys + $ 390.00 10. Extend Administration Building + $___I., 380,00 roof drain for planters Net increase for above + $109,410.00 Source of Funos - bond Fund.s and possibly Environmental Protection Agency assistance. 1934U/3 After a brief discussion by the Board, Loveless made a motion to recomniand to the City Council acceptance of the sub~ect Change Order in the amount of $109,410. Second by Cryan, our ayes, no nayes, motion carried. April 5, 1981 CITY CUUNCIL AUk 1VUA I'fLm Consider, Change Uruer S2p G-48-1188-13, Hickory (reek Lift Shit ion Ior Ited rover Con8t"C"On Coulpany, SUMMAKY 'Chas Change order consists v1 11LL sLa Lton addlLional. impiloveuiellLs which the Slap has requested for the Hickory Cheek lift station, 1. Add one-course penetration it sphaIt LreaLme nC L0 PUMP station entrance road and all surfaces insiae putiup station siLe which have crushed rock baseam coat Janet Paving shall. consist of a tack coat, a prime one course of rock. This item is requested to stabilize the sub-base which presently consists of large size rocks and this will permiL a more functional all weather access road Lo the pump Litt station by maintenance vehicles, 21 All of the ground surface within the 140enen 00' 1e ced enclosure not covered by building, or p'v hydro-mulched usinZ; a mixture of wood cellulose fiber, hulled and fungicide treated bermudit grass seed, and 1.7-17-17 ferCilizer in the ratio of 100 pounds fiber, 20 pounds seed, and 1.00 pounds LeI.L1LIzer, 'Ch is iteIII is requested in uraer to re-vegeUi to and thereby stabilize the area ~io3acenL to Lite lift station which presently u i l tgr as s , wi 11 no grass theed sutreatment. The r round I n~_, s and has audition been prevent erosion of soil., FISCAL SUMMMA Y The Utility Staff requests a Change Urder tot the following; items; 1. place penetration course asphalt surfacing on entrance road and rock surfaced parking area within pump station site. +$5,000.00 2, Seed unpaved surfaces within the U0 fenced enclosure by hydro-mulching. L$ L 2 U0U , +$7,000.00 Net' increase for the above Source of funds - bond t,inds and possibly lsnvironmenLal. Protection A6ency. 19261J/11 ACTION REQU IKE' , Approve, disapprove or revise find make appropriate , recommendaLioil krCOMMMM'r1UN [geese and Nichuls, IncorporaLod and the Public Utilities board, at their meeting of March 23, 1983, recommended to the City Council approved of Change order #2 In the amount of. $7,000,00, Respectfully R, L. Nelson Director of UtilitieB ill' aliIBIT 1 Letter from Freese ck Nichols Inc, 3-16-83 11 Change Oruer #2 1920U/12 r ~ pH1~OI~,i, ~1 p p p 1 ~1 ~J n Q Y n 110I~ 11T {K0:Kas . f G s~ Il d r Q C 1) Q S I 11 V I OARJ1T A.4THOMPS04 Ill 0 JF, C O N S U L T I N 0 N O I N R R S 4011400 AL" FA W. %ANRgT CLRMIINT, RC 14WN 0. c9lit"No. P.R, JOHN H. COOK. P-S, March 18, 1963 T. OARY N. AWHpNYIRC IIA 14 104 Red River Construction Company P,O, sox 923 Addison, Texas 75001 Re: Denton, Texas Hickory Creek Lift Station Change Order No, 2 Gentlemen: Attached, please find eight (8) copies of Change Order No, 2 to the above referenced contract, covering the following items; 1. Place penetration course asphalt surfacing on entrance road and rock surfaced parking area within pump station stie, 2. Seed unpaved surfaces within the fenced enclosure by hydro- mulching, • After you have executed all eight (8) copies of the change order, please forward them to Mr, R. E. Nelson, Director of Utilities, City of Denton. A fully executed copy will be returned to you for your files after approval by the City of Denton. Yours very-truly, FREESE AND NICHOLS, INC, Elvin C. Copeland, P.£, ECC/,id Enclosures xc: Coy Veach R. E. Nelson, P.E. C. David Ham TELEPHONE 8 1 7 338.7161 ell LAMAR STREET FORT WORTH, TEXAS 76101 •1 ~ 1 1 CHANG$ OR EXTRA WORK CRDIR PROJECTI Hickory Creek Lift Station CONTRACTI C-48-1188-13 OWNER: City of Penton, Texas CONTRACTORt Red River Construction Company CHAN06ORDER NO, 2 DATEI March 16, 1983 CHANGE OR EXTRA WORK TO BE PERFORMED 1. Add one-course penetration asphalt treatment to pump station entrance road and all surfaces inside pump station site which have crushed rocs; base material, Paving shall consist of ,a tack coat a prime coat and one course of rock. ADD: 5 000.00 2. All of the ground surface within the 140' x,200' fenced enclosure not covered by building or pavement shall be hydro-mulched using a mixture of wood cellulose fiber, hulled and fungicide treated bermuda grass seed, and 17.17-17 fertilizer in the ratio of 100 pounds fiber, 20 pounds seed, and 100 pounds fertilizer, ADD: $2L000.00 Previous contract amount $926,127.43 Not(increase)(#AW*x;s*kin contract amount 7,000.00 Revised contract amount $933,127.43 Net(lncrease)(deerease)in contract time of completion NO CHANGE Revised contract time of completion NO CHANGE • Recommended by Approved by OWNER FREESE AND NICHOLS By Approved by CONTRACTOR I owner 1 --C00fi for I. F. & N. offlc• BY I.-Rol, Ef1j. A m ?/N n -1 , PUBLIC UTILITIES BOARD MINUTES March 23, 1983 I })I ~ Nelson reviewed some of the significant points concerning the proposed rates covered by the Committee to dates 11 Major restructure of rates required; 2, Continue seasonal rates for residential but eliminate for commercial and have same rate year round; 3. Continue to use the F'CA clause (itieed to inlor.m citizens on this issue), No definite target date has been set as the revenues are not the main issue; the major restructureing of rates is the real need. We do need to review the rates again next fall to be sure we are accomplishing our goals. No further action by the board is required, 9. COINSIUE.R UTILI'T'Y ULPAR'i'iMENT SUBMETEkING POLICY REVISIONS: Tullos recommended that the Board review the PUC Substantive Rules regarding submetering rand discuss further at next meeting. After a brief, discussion, the Board recommended the Staff incorporate the board's input and develop policies to be submitted at next meeting for further discussion, 10. CONSIULK CHANGE ORDERS #2 AND #a C-48-1188, CONTiWT "A" AND CHANGL 5 U , K t - SECTION 2, FOR CULLUM CONS'T'RUCTION COMPANY AND FUE;SE ANU NICHOLS, INCORPORATED: Elam briefed the Board by stating that in essence, these were wrap-up Change Orders consisting of final adjustments to work quantities as a result of actual construction and are needed to align pipes with State Highway and easements. After a brief discussion by the Board, Loveless made a motion that the board recoiiunend to the City Council acceptance of the subject Change Orders in the net increase amount of $887,50. Second by Coomes, lour ayes, no nayes, motion carried. 11. CONSIDLR CHANGE ORDER #2, C-48'-1188-13, HICKORY CREEK LIFT STATION, F0K kE;D KIVER CONSTRUCTION COiNPANY (l'NLTRATION COST AND GROW SEED : Ham briefed the board by stating this Change Order was for two additional items as a wrap-up for the Hickory Creek Lift Station. 1934U/2 I 11 Place penetration course asphalt surfacing an entrance road and rock surfaced parking area within + $S,DUO,UO pump station site 21 Seed unpaved surfaces within the fenced enclosure by hydro-mulching. + $2,000,00 Not increase for the above + $7,000.00 source of Funds - bond Funds and possibly Environmental Protection Agency. After a brief discussion by the Board, Cryan made a motion to recommend to the City Council acceptance of the subject Change Order in the amount of $7,000. Second by Comes, four ayes, no nayes, motion carried. 1aNT 12, CONSIDER CNANGE~ OkUEE.12 0-48-1188-03 WASTk,1JATE:K_ TREATMENT L OMPX Y AD bt~ V l INCOKPO?' ATEU Ham briefed the Board by stating this Change Order consists of plant improvements, some of which were not foreseen until the new plant became operational, and others that the Staff recognizes must either be accomplished under this contract and possibly the grant, or will need to be budgeted items in the 1983-84 budget; 1, Furnish and install chlorine 60.00 cylinder jib crane + $ 29,5 2. Extend spray nozzle system on two (2) final clarifiers + $ 2,780,00 3. Add hose bibs for spray system + $ 21500.00 4. Furnish spare parts + $ 51,+80.00 5. Substitute Lab-Line Instruments Model 715 C02 incubator for Model 700A Environmental Chamber + $ 10,140.00 6. Repair air leaks in air blower + $ 3,470.00 piping 7. Ad,i additional concrete walkway at Return Sludge Pump Station + $ 5,960.00 8. Add cast iron sluice gate 9. Replace sample pump motor pulleys with smaller pulleys + $ 390.00 10. Extend Administration Building roof drain for planters + $ 1,380.00 Net increase for above + $109,1110.00 Source of Funds - Bond Funds and possibly Environmental Protection Agency assistance, 1934U/3 CITY COUNCIL ACI:NDA BACK-UP SMIARY StILLT Date; April 5, 1963 Subject; Consider request for quitclaim of two alleys locatod in block one and block two, Railroad Acid ICIon. (Q-49) Summary; Harpool Seed, Inc, has requested LhaL two alleys be abandoned within the boundaries of the property that accommodates their facilities, buildings were built and exist over all of the alley in block one, and a portion of the alley in block two is cov- ered by buildings, The buildings have existed for years but the alleys must be officially abandoned before confusing ele- ments in the title are removed. Staff has been supplied with formal re- leases from abutting property owners, and the Development keview Committee antici- pates no iuture public use of the property, Recommendation; The Planning and Zoning Commission recommends approval. by a vote of 7-0, Attachments; 1, Map 2. Correspondence 3. Planning and Zoning Commission minutes of meeting of March 23, 1983. David bilison, Development Review Planner L 1992 NfoK1NAEY Pool, I OAK i ~.LµNJ# 01 is E r ~L~~~ 11 12 r~T D HICKOR Y + MULBERRY FULTON 8 $P4 LDING 1881 (R,4 I L P 0 A ~ T11'1rrJ} r KELSEY► G'rREGORX, HOLT, AND PHILLIPS A PRO"SSIONAL CORPORATION RKHARoH, KILSEY ATTORNEYS-AT-1 AW SUITE 611, FIRSTSTA" Wvsk 0(m. MINI 0I1I40RY DtNToN, Te.XA% 76VI Pjoo S, HOLT $17/387.9551 RONNII PHILLIM Mmo: 430.1072 i February 18, 1983 Mr, Jeff Meyer Planning and community Development Division City of Denton, Municipal Building f 215 East McKinney Denton, Texas 76201 i Re: Abandonment of old Alleyways Dear Jeff t I am representing Harpool Seed, Inc, in a matter con- cerning two alleyways. Last year, it came to Hari>ool's attention that there was a cloud on their title because of the two alleyways. It is necessary to Harpools that the cloud be removed. I feel that abandonment of the alleyways by the city is the proper method to accomplish the removal. Abandonment would not only be helpful to Harpool's but would also benefit the city. I have enclosed a map which shows in yellow the two alleyways which we are requesting be abandoned. Evidently ' title to the alleys had passed among individuals without any problem. In Block one, which is the block fronting McKinney ' Street, Harpool's has four buildings built completely over the alleyways. Some of the buildings have been in evidence for several decades, one in existence since the turn of the century. In Block Two, there are buildings covering part of the old alleyways. The alleyways have never been used by the public so far as we know, and have been used only by Harpool's and their predecessors such as Kimbell's Mill, In Block 1, Harpool's, and Harpool-Oak Properties, a partnership, are the abutting land owners. in Block Two, Harpools and Richard A. Harris are the abutting land owners. Jeff Meyer February 18, 1983 Page Two i I have enclosed releases by abutting owners. I would appre- ciate your studying these papers and beginning the procedure for the city to abandon this property. If you have any questions, please call me. Sincerely, odd Holt JH/ tb Snclosures ccs R. T. Harpool, Jr. Harpool Seed, Inc. P. 0. Drawer B Denton, Texas 76201 I Minutes Planning and Coning GO"I'llisSiOll March 23, 1983 Page 7 block d l rand request block [()I.' Cluluelflijil of two alleys located in Mr. Ellison explained that existing; buildings over the alleyways have been in place for several years, that there (UNAPPROVED) is no anticipated future need for the alleys and 'Hevelop- 11lent iteview Counuitcee recommends approval., tie said that Judd Holt, representing Harpool Seed Company, was present to answer any questions; that iormal releases from abut- ting property owners have been supplied, Mr, Sidor, moved to recommend that two alloys located it block 1 and block `l, !:railroad Addition, be quitclalmed. Seconded by Ms. `lays and unanimously carried. CITY GOUNCIL AGENDA BACK-UP SUMAKY SHUT Date; April 5, 1983 Subject; Consider quitclaim ol: 0.0434 a,i:o strip or right-ol-way located along the, west side c.•f Teasley Lane at the intersection of Teasley and Londonderry. (Q-56) Summary: The owners of property located adjacent and west of this strip of right-ol-way have re- quested quitclaim. If the property is quitclaimed, it will be used to expand the parking area on the abutting neighborhood service lot. Teasley Lane is designated as a secondary arterial by the approved thoroughfare plan. Secondary arterials are three to four lane roads with 60' Lo 80' of right-ol-way. The engineering dopartmenL has reported that the state hiybtaay department has 90 meet of right-of-way reserved for Teasley Lane. The subject '40 loot strip is excess right- of-way that was dedicated to the city on a plat. mere is no anLic'paLed public use of the property. Action Required; Approve, :ieny, or table quitclaim. Recommendation; The Devel.opment Review Committee antici- pates tic, future public use of this prop- erty. The Planning and Zoning Commission recommends approval by a vote of 4-3. Alternatives; Approve, deny, or table the quitclaim. Attachments: 1. I`I.ap 2. Development Review Committee minutes of meeting of February 15, 1983. 3. Planning and Zoning Commission minutes of meeting of March 23, 1983. David Ellison, DevelopmenL Review Planner 11 - tht City of. Z?A A ~1• c u- -~+~I py+ t r ?_of the a1~rlD~rd Raarda Taxes, Word44 W Ihq pw ro , - V--- of Touc 1 J ate' ~ I { V j,',l I I p 1 w w' co I iwr :'.~r~ r; Lh~lL;1;r'/ ? jJ11 1 I 1 ` I 1 v ~ ~,Ih ~ r S r ell \ ~j Sq,J, T Ck -!4 '3 1 ll . ~~ti.. t , 214-4 i, ~ . 141 ~'/(7 " I/i a7 •'D 1• SK +=j.~ 1 A = ~n~ns f 1!" V L 350 1 RECEIVEO FEB 2 1983 Minutes Development Review Committee February 15, 1993 Staff Present, Robbie Baughman, Jerry Clark, Greg Edwards, David Ellison, Jack Gentry, Wayne Horsley, Earl Jones, Ken Lamberson, Don Me Laughlin, Koorosh Olyai, Denise Spivey, 'Pommy Stone and Bob Tickner Developers Present; George and Virginia Attaway VIII. Review of Quitclaim in Teasley ,4lall Addition Planning and_Community Development A. Quitclaim is acceptable to all departments. B. Developer must provide field notes of area to be quitclaimed to tbis department to start processing of quitclaim. Minutes Planning and Y,oning Commission March 23, 1983 Page 8 F. Consider quitclaim of 0,0434 acre strip of right-of-way located along the west side of Teasley Lane at the (UNAPPROVED) Intersection of Teasley and Londonderry, (Q-56) Mr. Lllison explained that property was dedicated to city, therefore, tho city cannot sell the property; that Mr, and Mrs. Attaway, adjacent property owners, have requested that the property be quitclaimed to them to be used to expand their parking area, Ile said that Development Review Committee recommends approval, Mr, Juren moved to recommend that the 0.434 acre strip of right-of-way located along the west side of Teasley Lane at the intersection of 'Teasley and Londonderry be quitclaimed. Seconded by Mr. Sidor, Question was asked whether expansion of Teasley to lour lanes would necessitate the city having to buy property back and Mr. Lllison answered that according to informa- tion from engineering department the city has no plans for the property, Mr, Clark advised that there Is available right-of-way not being; used, that when drainage is put in the bar ditch can be used for widening purposes, lie further stated that I<idgeway Drive will divert traffic away from this location. Vote eras called: Aye: Cole, Juren, ,days, Sidor Nay: Claiborne, Lscue, LaForLe Motion carried. TML LEGISLATIVE REPORT January 28, 1983 Volume 30, No. ~1 F E 6 2 193 16 68th Session Gaveled to Order The 68th Regular Session was convened on January 11 for a 140-day ses- sion that will conclude June 1. Indications are that the '83 session will be voluminous, if nothing else. As of the close of business on January 27, Senators and Representatives had introduced almost 800 bills. Many of these are retreads of bills killed in previous ses- sions; combined with the hundreds of measures yet to come, they will snowball into an accumulation exceeding the 40500 bills introduced during the 1981 session. 2. TML Leaislative Seminar Slated For Feburary 14 Plan now to attend the TML Legislative Seminar scheduled for Monday morning, February 14, in Austin. This important meeting is designed to provide municipal officials with an overview of specific legisla- tive proposals affecting cities, and an opportunity to lobby their Senators and Representatives on key issues. Seminar details are attached. 34 Legislative Quick-Facts • Number of State Senators: 31. • Term of office for Senatorsi 4 years. • Presiding officer of the Senate: Lieutenant Governor (Bill Hobby), who is elected for a 4-year term. • Number of Representatives: 150. • Term of office for Representatives: 2 years. • Presiding officer of the Houser Speaker (Gib Lewis), who is elected by the House for a 2-year term. • Number of bills likely to be introduced in 183 sessions 49800. • Number of bills likely to pass: 900. • Number of city-related bills likely to be introduced: 350. • Number of city-related bills likely to pass: 50. 4. White Calls For Utility Reform, Drunk Driver Penalties In his first 'State of the State' address since his inauguration, Governor Mark White called on legislators to overhaul the state util- ity commission, crack down on drunk drivers and shore up the financial structure of the state's ailing unemployment compensation system. y r White fired a particularly harsh broadside at the Publio Utility Commission (PUC), which he described as a "captive handmaiden" of the industry it is charged with regulating, "The Commission has given no indication of its willingness or desire to regulate in a manner which will assure Texans that the utility rates they are paying are fairly set and impartially considered," White said. White unveiled a wide-ranging reform program to make the PUC more responsible and accountable--including a plan to make the 3-member commission elective, rather than appointive. "When you look back at the history of this state, we've always relied heavily on elected officials," White said. In view of the importance of utility rates, it is essential that PUC members "have to face the people who put them there." White also asked legislators to amend the Public Utility Regulatory Act to prohibit automatic fuel pass-throughs, establish a special 'office of public counsel' to represent consumers in rate proceedings before the commission, and require closer PUC scrutiny of fuel swaps and other transactions between utility companies that are part of the same corporate family. Utility lobbyists predicted that passage of White's reform proposal would do little to slow utility rate hi,ces, They were particularly critical of his suggestion that PUC members be elected, claiming that demagogic candidates who won election on promises of 'rate relief' would and up hurting the companies and consumers alike. S. Legislative Hotline A toll-free information system will be available throughout the 1983 legislative session to anyone interested in the day-to-day status of a particular bill. The service will be available from 8:00 a.m, to 5:00 p.m., Monday through Friday. For calls originated outside the Austin area, dial 1-800-252-9693. In Austin, dial 475-3026. ~'v,T".~T+ICVIn-v s..~..♦ .•r rv.r..r. .a....u... 11. .aa.n r...u..n r. ✓.u i.... ..r •..a e....- .a.nn , n.. •...r.I W. a ..r .aa , E,..1 Houst,' Chronicle 1/28/89 W Re calls for st electi*on of utiolity panel 8V CtAY 1tA61S(1N Rnanca are In very good shape," But he rata go doors SAMtAnuallY, obvbeWr *W ANNE LNAIUIe MDAY IV A" the door for nereases in various that walk! hMw tong sine tsMen doaM, ' Cbroudcle AwW Bureau state fees by promising to work with the Hobby Bald "I don't thWt the ttsattM (of Legislature "to bring those !feet collec• electing.tlue PVC) IS $U that brnpoetant AUSTIN -Gov. MAik White has asked Lions more In line with le b, a needs." Myy ppeersornd referwtN wottW be for P. ttte LSTIN turo to rookie for as osked The governor sales the budgetary rec• polated comrip t ,I p the slate- ommendatfons that he will make to the In an unusual stop, White took his tia wide casettes of the three trterr,bers of the Islature will also hncludo ~roposab for Ity.eampolpt to the public W a 30-set.'orrd ~blauniched a 11143,000 television blltnan per• "a rnative" and "Innovall r:" ways to ~t by ~l a~# suede Texans to help canY his massage 1lnance stale operations and vapital con. 'n Y , ta ven411 Texas lalevis n stationclud to lawmakers. slrucliun needs. on-some ~ three NBC AftllUto, two IA. Gov. Bill Hobby said he thought the liaby, who called Whites speech a c~MW t eb And t!N Cable News NLn commissioners should continue to be ap,'magnificent statement" of priorities, Hbilitoo ppoohtted by the governor, while Speaker $aid, "There is growing understanding 4n calling for election of public utility f}Il Lewis reflued to take a stand on the that substantial new revenues are going commissloners and abolishment of Rtes 111111104. lobe necessary. There will be many other o4justmernt fees, White urges his lisienen Lewis said, however, that the election funding proposals before the sesson is to, "Please help the legislators who agree of utility commissioners "has a very ggsod over." with us by writing me about your can• Chance of passing this session of the Leg• Lewis, who responded to While's " tslature, speech in a prepared slalement, made Mcials of an Austin advertising lit his first address to lawmakers since note of "our own efforts to review and agency said the spot, which cad $10,000 to taking office Jan, 18, the Democratic goo adjust various fees which affect highway p(oduce and $IS3,000 to place, will run for error said Thursday that Texans have funding," about nine days, A similar, advertising "lost faith In the ability and purpose" of Both White and Lewis are encouraging etmpalgn for newspapers that cover at. the PUC, which was created as an ap• legislative conslderatlun of a proposal to eats not suMclently covered by the TV poinLive a body In oIW5 ne to regulate electric, w change the method In which automobile outlets is being developed at an additional water and telephone service In the stater license fees are computed by basing the east of $90,000, they said, White again urged the Legislature to fee on the value of the vehicle rather than hold the lane on taxes, but, In a wide-rang- on Its weight - a plan that could lead lu In his speech to the Legislature, the hug speech, sparked predictions of In. governor also renewed hlls pledge to creased fees for sortie state services as sin &rem In throve fees, he. . ,#M* Public Utility Commisalon has name a "housewife and strong consumer • Enntorscd a proposed state program given no Indlcatioa of its wlilin or advocate" to the PUC when an opening that would provide as much as $20,000 In desire to regulato in A mourn which will developed under the present appointive low-Interest loam to Texas veterans to asMm Texans that the UdUty rata they law and called far creatlon of an office of help finance down payments on houses. an pa in WHY N4 and Impartially general counsel, to, be appointed by the e Supported a 24 percent biennial pay " White declared, coatlnuing governor, to represent the interests of Increase for schoolteachers as a "starting t therm that helped carry him to victory consumers In rate cases before the PVC, point for our consideration," saying over Republican William P. Ciemenb Jr. He said the Publ;c Utility Regulatory teacher salaries should be considered an lo last Year's phorinataial campaiii;L Act also needed to be amended to "allow' emergency by lawmakers, and called for His m11 for the election of PUC mem thorough regulation of atliliate tran+ac- iucreased funding for bilingual education, n*rs, b"m"r, was a change from the tions which are being used by some utlll• • Urged enactment of a constitutional stance he took during the campaign, ties to avoid regulatton•"0 amendment to create a dedicated con- when hr said comrnisdoaers strouid con- WWto endorsed a vetehns housing as. struction Hurd for state universities not tinto to be appoinded. afMwnce program proposed DY new Land "L am crow i11 peraraded the.bed sohrioe Cglubner Darcy ,a,tiro as "a }}o~hbs~' covered by the Permanent University 1~ w Fund and called for expansion of the PUF• ultil!Zy be to mahe the uUt[tty pr,ograrn and As. an attempt to adtinss to cover all Institutions in the University comrniseioa directly accouii" to the the probte ~aegeneration froaen out of of Texas and Texas A&M University people;" he Bald, "Utility bills, like fazes the fhoouuas " systems, aad,death, are inescapable, Just as ttere The proposal, which would provide • Asked for an Increase in the number sbouid be no taxatim without nepresenta• low-interest eem of as much as $20,000 to of Deportment of Public Safety narcotics tietr in a democracy, there should be no vetemr+s rur down payments on houses, officers and urged the Legislature to utility, rata~poeed without the people would be an oviomOn of the veterans eliminate deferred adjudication for re• having a d ft voice In the selection of land program and would require an peat DWI offenders. Uwe who set the rotes." amendment to the state constitution *Said he had eslabilshed a task force ,state law, he added, must prohibit In endorsing the 24 percem biennial of lxrslriess, labor and academic leaders "campaign contributions to candidates pay hike proposed by the Texas Educa- to study the the PIIBht of the stele's nnan• for the office by utility Interests or their tlon Agency as a minimum for schoo4• clanys pped unemployment compensa• affiliatai" teachers, White asked, "How can we ever Lion trust Cd, • Hobby sald.he didn't think "It makes becronne the state of the future when White insisted his list of proposals ailli,Wl much difference" law utility Texas mnK_,, "9th out of 60 states on the could be addressed without an increase in commissioners are selected, ntztiorurl ti other salary scale?" state taxes because, despite a slowdown -"If It were possible by the stroke of a in tax collevtlons, "our state government paoorthe passing of a law to make ul.010 cawas IN "parity" tax credits to bwuste+t« whkh moaMe for ~ tr aasporw4o "ww be m 69*4a, " go"nwr "W OOM40 uaeM*yed," viewed with mm tmM la mind be$** aot r±oetw M* call oq our rowaua~ ft " revenue oentnue pioyon of T/xa M" vuppitW a~ -11 m mocil for thb trot fold in the pass, He said ttalf law MW M aawttded 10 W U4 aamed ICIr'4t meets of Dapaa, and ll moat be a of any solution more adequately fund the cdnw victims h ow" more than cbw 11"Vi " odww of Interpret cor. we &W W 0* foom, ' the doveraor "W. com pe~wtba Nad tat poratloa, to bead a 0" task force White ssW the Texas DspotntW of NO win In awards to victim Ek ad, eMrpd wu *WON a tniuttoa to the Comnmaity Aff dM whbh 9Wralee ua• vocated as tacr+aae in the fees uaeraploytnent compeasatWa orisis der tha o"roWs office, wul admioisw ootwiewd cr mwAis for MAW& whkb Ibmteae to bu1W up Tuaat' ~aeraas mkwh as 00 mutton 14 fiderat Job Curd and called for wapect w "tams a debt W iM federal doer trWWM fords to a n%MW that wiu "14- tbn" WWA matt "whkh are not w wmrknt to m multoa to 00 mutton by sure eca+otnk ndwmlo wnt in um of s ~ nir~ le eltiorts to the sad of the year. Ax*q otMr **I WO employme White wants tM tack force to detem ww Now* ,our cities are to danger of The new goverrgr also said the state !f there are rraustk and prod1w ways strangulation," while Saw new, federal ~ ~k mom ~n markets for TML LEGISLATIVE REF6, RT February 4, 1983 Volume 29, No. 2 1. LeBitI ative Seminar Slated For February 14 A final raminder.,,of the TML Legislative Seminar scheduled for February; 14 49 Austin. See the January 28 legislative newsletter for details, 2.9 TML Pothole Bill/Highway Funding Measure Introduced TML's, No. 1 priority bill for the 1983 legislative sosston, the City Street Improvement Fund (the "Pothole Bill"), was introduced this week by State Senator John Traeger (D-Seguin), Passage of this key measure---Senate Btll 287--would provide for the financial rescue of Texas' ailing state-local road system, S,B. 287 is comprised of two parts, the first of which would appropriate addi- tional biennial funding* of $1 billion to the Texas Highway Department eor repairs and improvements to the state highway system, Combined with the dollars currently available to the Department, the funding increase would enable the state to cope with the documented need for $51 billion in addi- tional highway spending during the next 20 years to keep pace with Texas' growing traffic burden. Part two of S.B, 287 would appropriate $200 million during fiscal 1983-85* for the new City Street Improvement Fund created by the measure. Half of that amount would be distributed to the r%tttes in 1934; the other half would be allocated in 1985. Each city would be required to match its state allocation 30/70. In other words, for each $700 provided by the state, the city would have to put up $300. The entire amount of the city's allocation must be spent for street and bridge repair and maintenance. Expenditures for new construction would not be permitted. All cities would be eligible for funding under S.B. 287. Each city's share would be based on the number of miles of paved street (concrete or asphalt) maintained by the city. There are about 60,000 miles of municipal street in the state. Therefore, each mile of paved street would entitle the city to $LOOm, s 60,000 - $1,660 per year. A city with 10 miles of street would receive $16,400/year from the City Street Improvement Fund, one with 50 miles of street would receive $82,000 and so on. *The state operates under a biennial budget. The next 2-year budget cycle begins September 1, 1983 and concludes August 31, 1985. Under 3.8, 2370 additional annual funding for the State Highway Commission would be $500 million, while the City Street Improvement Fund would received $100 million. r ~a.4 J.r:.r".. w...~Nr.r r.r r. .Irby,. _.r 1' . .r-..•. Attached to this newsletter is a list of estimated city-by-city allocations under S.B. 287. If your city is not listed, it is because the THL office has not yet received the street information questionnaire mailed to your city on January 3. At this early point in the 183 legislative session, the groundwork ''or S.B. 287 has been oompleted, Lt. Governor Bill Hobby supports the bill, as does Speaker Gib Lewis. THL has initiated efforts to publi;.lze the bill, as is indicated by the attached news articles. The next step is for city officials to begin imme- diately to lobby their Senators and Representatives to vote for S.B. 287, Included with this newsletter is a form for your use in advising TML of your local legislators' position on S.S. 287. Additionally, the yellow "Pothole Bill Vote Tally" shoat, attached, will be included with each future issue of the TESL legislative newsletter to show the emerging level of support for (or opposition to) S.B. 287 and the progress of our legislative contact efforts, Some legislators already have expressed their skepticism toward 8,8, 287 becautie of the large amount ($1.2 billion/biennium) it would drain from the state gen- eral fund. Unless new revenue sources are developed, this concern would be valid--which is why THL, the Texas Good Roads Association and other organiza- tions supporting S.B. 287 also favor increases in the 5¢/gallon state motor fuel tax (which was last increased 28 years ago) and vehicle registration fees, in order to offset the spending hikes proposed under S,B, 287, With respect to the $200 million city pothole fund, there are several legitimate reasons the Legislature should approve the proposal: (a) City residents pay a major proportion of all motor fuel taxes and vehicle registration fees collected by the state. Currently, none of these revenues are remitted back to the cities to help deal with the street repair problems created by the millions of vehicles which generated the revenues in the first place. (b) Unlike many other types of municipal functions, streets and bridges are a statewide concern. A major portion of all motor vehicle travel in Texas takes place on city roads; the quality of the state's trausporta-r tion system is dependent upon the quality of local roadways. (c) Raising property taxes is not the answer to our municipal atreet and bridge problems. The local property tax is overloaded, and many Texas cities have expa 4enced proposition 13-type taxpayer rebellions during the past few years. Remitting $100 million/year back to the cities would provide a direct form of 'tax relief' by alleviating pressures on the local property tax to fund street repairs. (d) A survey of Texas cities indicates that the backlog o' municipal street repair needs has reached almost $1 billion. More than 12,000 miles of city streets are in need of major improvement. Texas cities are spend- ing hundreds of millions of dollars per year on street repairs, but it's not enough. Cities are falling ever further behind, because the street repair backlog is snowballing at rates that exceed local spending increa:,ris. The cities will never be able to bring their streets and bridges up to standard without state assistance. (e) The deterioration of city streets and bridges will continue to acceler- ate in the future The 10 million motor vehicles already in the State are tearing up our total roads and bridges faster than they can be repaired. Twenty yeart, "Mnm now, we will have 16 million vehicles to contend with--SOX more than we have today. As with any new legislative proposal--especially one that appropriates signifi- cant state funds--passage of the City Street Improvement Fund will not be easy. But with your strong support and active help, the cities will ultimately prevail on this issue. Houston Post ' 1 3 /83 I ormula change Road lobby uses many fundeaseehi { fID-gl€ 1W "10 lIONAYITA highway lobby's bill. It will be sponsored In approach to g~>tnng au the user fees. RoJ~`dns Post AM ill BrrHw the House by state Rep, David Calm, D Dallas, Bald, "lbw schools would stiffl get their 25 chairman of the House Traueportalion percent" AUSTIN- The hlghw,iy lobby Is coming at Committee. As for the increase in motor vehick MCis- motorists from +b'rral sides In an effort to tratton fees, Robbins said they bring the sane grab g+tatantcau 'ending for road building EUGENE W. ROBBIN'S W Austin, TCR, TA about !•30~ mflllon annually now. By sa,,tct.ir.g and repaltss In ambitious scheme that has president. said the 31.4 blllton over the hlennl• to a 'ee solatdule Wed nn the val:x of the one group complaining it will put a "big mnn. um would furnish less than the M1 billion the vehit'e rather than Its weight, the scale -rsauld key on Texans' backs," Tcxas Popartment of Highways and POW(. mo •4 'ban doubly the revenues, Pan of the plan Includes a Mck•dmr up. Transprv ationsavs it needs, F'o, :-Istance, a $10. 00 ear weig,; c tow proach to getting at some of the state's motor. "The consensus of legislative leaders is pp:unds now rnys an annual registraike !re of fuels tax and other highway-user fees now that tall billion) Is the best. they could do," 374.50, But It Texas went to a plan s^!ar io going to help finance public schools Anil other Robblm5 said. that in use In Oklahoma, the fry wtwud 7. mp programs - and doing It without having io He said the group has talked with Speaker to 1156 the fhvst year. ask voters to amend the state constitution, Lewis, Traeger, Cain and others but not to Li. Robbins said the ice would he d.rrea~d 10 The rgrarn already has tentative backing Gov, Bill Hobby, percent annuail for 10 years as (me m\We from aker Cib ' ewis, and 0ov. As Robbins explains It, the bill would start aged, after which it would be a flat a.•,aunt for Mark Whlfs~a l tt'epft•TVs of the plan with the funding provided la House Bill ,1 of the life of the vehicle, aoTm d to Rave merit the L977 legislature, That measure provided Under the present weightbased ice vred• 4'hat the Texas Cood Roads Transporta. $750 million a year from general revenues and ule, the owner of that $10A W vehn•,e %vuld Lion Associatlon wants Is VA billion In new. a formula for adjusting this annually for lnfla• pay the state 3223 over 10 years. atf* the funding over the next two years. The group, tion, so that i..: ~^~°tntion Is in "constant value-based approach would hying -he state many of whose members repair and, or build 1979 dollars." more than $1,016 over the same pera:k roads under contract, proposes to change the The Traeger bill would Increase the $756 formula for financing the state's highway million base to $1.25 bllllon and continue the DAVID ib1RAGGI PUFNIVE:NT of t'.e Texas program, cost index for Inflation Adjustments. Consumer Association, said the higher reg1s• Robbins said thnt on the basis of projec. tratton tee plan "is nothing morn, :Lin the M .U30 WANTS ANOTHER 5:110 million dons that the highway cost Irtdex by which the wolf of value-added btx In sheep's clWr,,htng over the biennium for cities to repair their bare Is multiplied would be 1.4 In the next Putting this big monkey or, Teo,ns' streets - a feature that has caused the Texas biennium, the change would produce 1700 mil. backs just for highways isn't right. Me_10 z to ally Itself with the hign•• lion a year In new money. Robbins said, "You have to keep is mind way .1 v, our cu rent fee simeture - both rtx rvAf lax The TUR/TA proposes to; TRAEOE:RIS BILL AL40 WOULD estab- and the registration fees place LN at the lish a ceiling on highway funding that would bottom of all 50 states In the fees 1:4-0 to own ■ Increase the fees for motor vehicle regis. be the total of all the so-called user fees: the and operate vehicles In the state. tratfons, basing them on the value of the motorduels tax, vehicle registration fees, ve• "It sounds like a substantial incres_v, but vehicle instead of Its weight, as now Is done, hide sales tax and the sales tax on vehicle we have a long way to go to cater ap with One approach being considered could mean a parts and accessories, where the other states already air:. motorist would pay seven times as much to "The highway department would never get Each 1 cent of the motor•fueta to brings regUter a car than now is collected, more than the fees and taxes paid by highway the state about $100 million antiitail+. Robbins users," he said, continued. U Texas were to shift ro a percent. N Change the siatt;'a 27•year-old, lowest-in. This would be a rising cap, however. As age of the wholesale price - the pm c pttid at the-nation, nickel•a•godt-n tax on gasoline to a revenues from those user fees Increase, unless the refinery so Individual service st> r on own. percentage of the purchase price. Taxes on changed by future i.egislatures, era would not have to compute tax payments diesel fuel, now at 6.5 cents a gallon, and on The fari ;hose user fees were added up to nightly It would see a slight :z-orne In. lubricants also would be shifted to a percent. determine the cap, however, does not mean crease because of gasoline prices to excess of age of purchase price, the highway program would receive all those 11 a gallon for unleaded gasoline and diesel revenues. One-fourth of the gasoline tax Is fuel, he said. ■ In effect, collar all income from the ma constitutionally dedicated to public education, He said the tax should have it "nQN*c" the tor-Weis tax, motor•vehicie registration fees, and the motor vehicle sales tax goes to present nickel•a•gallon levy - to cushion the vehicle sales taxes and sales taxes on parts schools and general revenues for use on all impact It the price of fuel suddenly ::V& and accesseities and dedicate It to highway programs, use. THE PERCENTAGE TAY N'l'UD be ral. The motor-vehicle registration fees nee dl. ruiated annually and based on Ow average i Tap the state's general revenues for the vided between the highway fund and the Tex. wholesale price of the fuel at the rrf'srry. =1 million for city streets. as Department of Public Safety. The sales tax Robbins said It would be up to cbe l.esista• on vehicle parts and accessories also goes to lure to decide how much of the Lx,criau)n's in an effort to sidestep the thorny issue of a general revenue. Program it wants to buy. It then %.)UH tK up tax Increase, the lobby and state officials to lawunakem to dijel,le how much % arproprb have taken to calling these revenues "user SINCE TILE CONSTITUTIONAL and staiu• ale for highway funditt in genera;, i,bjecl to f"' as opposed to raising lazes, tory dedications stand In the way of channel- the Amount deteitinined by applicav;on of the The total of user fees, when combined with Ing all these user fees Into the highway pro. cc udex to the higher base. existing highway funding formulas, would gram, the lobby's effort Is to compensate by "it the legislature wants to, they c-sn take constitute a ceiling an state funding for high. getting offsetting money from general rev. this total increase In riser fees And not take ways, said state Sen. John Traeger, D-Seguln, enue now used for other programs. one cent of additional money firm ccneral who will sponsor the Senate version of the Asked if that did not amount to a back-Door revenues," he sold. 1/17~1 ua/83Christi Caller State faces challenge to fund roads work s the Texas Le islature he. $uat billion asset that needs A gins to settle down to Protucting, work, It is Important to em- But the cost is staggering, phasize once again that some- The highwity department's LI0- thing has to give to keVp the year plan to repair existing state's 72,000 miles of high- roods and build new ones ways from deteriorating fur- would cost $81 billion, or }ibout ther. $3 billion a year, Tho state now Mayor Luther Jones, spoak• spends $1 billion it your ind Is in a ie new-pri: dent of the expected to recoup about $777 million from lederal highway sa'ld, t e 1983 legis nture funds In the next two years, fails to appropriate the addi- But still. that leaves a sizable lional funds necessary to ar• chunk Cur the Legislature to rest the decay of our state and find. local roadways, what is now it The Legislature is expected serious problem will soon bill- to serluusk consider raising loon into a major crisis" the state fticl tax, which is the ,4VIayor Jones is perfectly lowest in the notion and hasn't right, and no one doubts that been roiseki since 1955, the problem has revvhed ser- 'I' WIT ore other options, loos productions, The question snci, as , t liiele regtstratton to facing fund the the highway Legislature Is depart- how tUes or sale. taxes vehicles, ment s proposed budget of $b I ilt'ts artd tires. But still, on a billion for '139•'85. realistic level these would not raise the extra $2 billion the An article in an Austin Departmcut of Highways and newspaper points out that Public 't'ransportation wants state spending for highways now, has decreased dramatically since 1985, when 25 percent of Such measures would be pu• the state budget was devoted lilicalty uopopulur, ,vhich to roads, That figure now means the Legislature has it stands al less than 10 percent, difficult decision to snake, Hot There Is a strong push on to the upkeep and intl,rovements reverse thttt trend, with high- of our 111911 Way system are way officiuis pointing out that IlecessurY for the future well. the Texas highway systom Is a '11,1119 lit 13'c 4,0e. Austtn i\1MHC,1n Statesmen I/S/8z 66 billion sou crht for upkeeF • of state highway system' ry CANDICS }iUGNfBS 1985, Seventy-five percent of the tax revenue is dedicated by law to high- Amertoan•Siatesman staff ways, while the rest Sues for Texas has built a 72,000•mlle high. education, way system that has enjoyed a , Th legalspe dingalimother its coul I d be Cation as one of the nations bes, k3ut e to sleep it that way, highway officials suspended, the method of funding Oth- say they will need a lot of help from Issues '83 hi ways could be ehach and cle the 1983 Legislature, or revenue sources fruch a a s vehicle The highway department's pro. When the tech session of the Tex• registration tees could be raised, posed 1984.85 budget Is twice as as Leglslature convenes Jan, 11, an But even with increases In the large as Its current budget and asks array of Issues, many already un• state fuel tax, vehicle registration lawmakers facing a constitutional der debate, will face legisiators, tees and sales taxes on vehicles. ndlstg limit to appropriate near) Some involve mitilons of dollars In parts and tires, the state probablX s p In the next expendltures; others will become couldn't raise the extra $2 billion the billion for highways new laws with wide•reoching ef• Department of IiighwayS and Public two ;rears, with $3,4 billion ear- fects. This serles examines the is, marked for construction, sues facing the upcoming session, Transportation wants now, accord, "1f the 1983 Legislature tells to ap• Ing to agency officials, propriate the additional funds needs. The problem won't go away, The sary to arrest the decay of our state the b-cent•a•gallon gasoline tax - price of the highway department's and local roadways, what Is now a have been complicated by Congress' 20-years playear n is compai~ with the f1 serious problem will soon balloon increase of the federal gasoline tax bbillion illion the slate now spends, Into a major crtsts," said • and Gov.-elect Mark White, who has tci+at t.• a President other said he wants the state to "live within Jones.. Its revenues without increasing the State spending for highways has tax burden," decreased dramatically since 1985, Cities also want a share of the when 25 percent of the state budget money it the state lax goes up, Jones was devoted to roads, That figure has proposed establishing a $100 mll. now stands at less than 10 percent, lion-a•year "city street improvement and d strong highway lobby Is push. fund," Ing hard to reverse that trtnd, "There Is justification for return. The push is on not only for new Ing some state revenues back to the highways, but for money to repair localities where they were collected and modernize existing ones, High. In the first place," he said, way officials say the state's road s55 The state already gets federal tam is a $100 billion asset that needs highway funds and highway officials to be protected, estimate that it could get as much as Sympathetic to pleas for more $777 m9llon In the next two years, road money, legislative leaders have But that money comes as matching said Texans may face a lax Ir : se funds or reimbursements of money to help meet hlghwa5and other state the state already has spent spending.needs, The Texas fuel tax Is the notion's Prospects forinctwdingoosofthk-, lowest and it hasn't changed since main sources of highway ftuta'*4-- Heatgm nc nrarpr"IA 82 1~ullrcipal League backs gas tax U 4/ pyJsNISk1OMGM tlNwtfonl wnuk fecalvt NW,1Si annwtl) (ran slate's loadws •o up to olandsrd, Ill the cur*rA 9taffxrlNl Ydo fund, twapsred b (N11,tiJ iw Pori M(►w, +µ'ndiry level fit only 11.1 bU4on per year," Jon" oil A116T11N - lint ~I Prides 111 UI ar PM Necixso, !11,117 for Orolile Grove, sok wkwsod FralwilU i oft ,113fwBilstw. W said thk Litt u allo bsckoel by the Teeas hood the lisle and 1owil" wUot SAIb1 W fUanre Wck grown, IN maple! k+/w'1 tati'WIv1 db Roado and Tro sopaftltlon Assoclaon, wl,use mom w'a) InlptovtlmelM/. ferl0f, Nk NacoldochN Roy Obi pplepa►ed bersU100de►d~llk•+yc"It tom. TM4 Presldtssl I utMr Junto MW 04 lea Tow wUl 1knUar lo blotlpn IF (tn n'tsW bW ° his The lea w w o ►uv punt I~r 17o tMlUvn ptl yr+r In also back Itllllaltun to Iwnnal 1f10 m11U" 11 d14 nal are1war Is welted lintii state fwnf l(w 1MV1 ma a Ir+nsll improl enlenu loneral leyenw Resole am It y o a cpy sttoo k* eh W latro f " Ik sok M dal nut eap"t pruremenlfsrk. ~~otarry trtllly. "Nwfdreda at mwdclpd t"$toe pfd ShoUsattdl of Jon" NW TM4owreye (ndkak that loptecent of solieo of Mreetl need W u I. -*A on,' Jane W41,101moot at tNy:sealsInTta+s regalrema)or aces eVoress . "sw 14uo total fluent are rot adwusu to 60 ft %M14 reo"(Wosan norrspendirµanestunated crock," he oakd, "ft's Oli na 1 14 W /an 110 a wino per year ea Areal fit lra, or of perceal unlace an Male Okh" In NMnefal MM n two than yeah No. Port Arihwr Qty Coirnelloam Malcolm Met a "Trace V a 116115" Inlet r"ok thockto/ that to t+featurefunTMl Lard,sW "Melwve4 ,M+M oraxk•sllina of rsl i Uri eoc"d local spending In. our MrsN pr+lrW1 thin year, laid we cwW uso 11 aesa+a,,* Joeno oa11, tissfeo IMt asnawsM." 11fe Male pig eralUy the NIrr SUM Intprovttmenl Once Ufa IWA sou est+blissod, Janes sold, Lae fund would 060 1ACreaso Wt SIA14 Mlhwa) depari- oLale's 1,t$$ twwalcipelRla ill" r"V4 a pre rota anal!': ahnwal appropeialioabY 1 bllhal Jonas sold. :tort of ttook fund" Wood am the aurvill of toed "Annual evpen~~t~ga awrag~ W billion muN u Mr"ll hill", made over We nest iwo decades M order to being the oSays Texans Face $1.5 Billion Tax Hike AUSTIN. Texas i A1'i - I.I. Oov. Nix conllnues to live within they won't u," Hobbyy said. "lyb. Fine" CommlNee, sided wlih "We have 17,100 bridges that are In Irral tste Hill Ntwfby says Texans fact a $15 is revenues without increasing the vlously,alfafillstiollainglohappem, Hobby, . a desperate stale of "fa l and we "In Houston lfgrlh, law, Ills wry Lslllun lax like to pay for prisons, tax burden an the peopleiil'e1as." dal the Ilitures do document a need "A tat L411 is necessary or we are don'I ve adequate funds to repair :Ingle. 11 b auefitly'smilin Urea !fowl hlrhwa s anal schools. HUI stay.-elect lot a substantial, ar Iht Re leans going to have to I~owe some very them, We have polhi all over the as long to get manor sanere alt slsaald. Mark White says he is "ra allIU d" Among the bill-dollar Items facing railtl,revenue enhanrterw serfousproWems,"Joneosald, slate,"heaaid IltakesWMcsUy funawrandaAaMla toavolding a lax hike. Texas are ufkssiveexpenditures to fix While said, "It seems that every Hobby offered rw augyerilons on II !veld be tough for It lalalon to drive from the mulct trhs so the catral hobby told legislators at it fire, stale hitillways, Icing :isle prlsom biennium the budget requests of the what lax ahould be raised or Inllialtel raise the stale gas tax It Congress Ties" ~ 'a ese mtarld M session cnnferenreFridaylllalTe.xlus. fidocampliancewith court orders and agencies always exceed the an• tonwelthegrowing nteds. rote along ate as taeIt R"gress sold,calif n~theinw"sclogged ) whkhlaea'tlwdalaxlnereasrml2 ulccliherrlsingcnstoleducation. ifclppasledrevenues," wl(h an +'calfar. )eats, will Le u 1 agnllul IIa Tfie govrrnortlecl who will have Jones talked about raising It* stale Ian to raise the federal gas lax by "II "Homalm r. "am Uwl caaeer M Ilabby said stale agencies have gasoline lax, removing some Pverenlspergallon, could berofn u i Llalgetory wall In t~1e' 19/t AS Wea' reqyuested $3 2$ Lillian more than the veto power over the IM [Aillslalure, et INAIofu from the :stet tax of Awl v liabigly M tae aiunl. sill I. will }lave available for the said, "1 w111 cooperate with Ilhe Increasing vehicle registration lees. The ~log on state of Tex" ,ar rituoil is to A lax L in and w htihuu and > Wtnulum. 7'f1e 14 25 Wilton is stove In Ihese dliflcullrlllms Ilul wessdu not Texans row pay a five cent per yaltL~s'-"'" fML Cres{dsn iulher ~IvsMar a New '!oaMr~Gll~is to Flew to ew quarter, a bBlallllwl and p half, Is rent! Ice' p 61111ai lucrruse In revenues gwllon :1110 rag lot, 4htl nail on a needed to alkqunlcly uddtrss Ihesl' forecast far Ile state during the as mptlcale the chafleuges before us lowexl. Jaes, nuyut of Corpus (,ftrlsil, saidI ors ' ~Se said , oa9ulg s Lags a needs, hmNlit oa prnuurlly Ly hlellyduul. by adflug le Ile Inx burden on our "Ilundrods of Inanielpsl bridges +N Pauli Reverrlyp, saseyl4,, gruwlll"Ilolilysald people," Noherl ()eihnan, chalrnun Of Itty thousands 0i miles of streets need to "Tha potholes ,are coning, TW Out lite, in a press release, said "'They're not IrrespaulLle Sen. (tram Jones, an Abilene slate highway board, has proposed betlsedrighlaow,loday" bridge colkapees err canning, Ties lie Is "emliauum In see IhUI stale requests'lleyall oughlto be datebid Ik'moeral who chairs the Senate ralsingThetax101Opercent. Ekvienan also old the news are unaglscomtag,"Wedmanwarrftd. Nay City Tribune 12/5/82 Pothole Sill (S.Be 287) Tally Sheet STATE SENATE HOUSE OR REPRESENTATIVES r on For 4*41 V Mnown Mtnarls ~ - won rR N; s~11 Ayalns i. Aoy 014ke (Nacogdoches) C7 ❑ ❑ 1, Fred Agnlch (Dallas) Q ~7 Q 2. Chel Brooks (Pasadena} ❑ ❑ (7 2. Kenneth Armbrister (Victoria) 4 [pa Qq a, Ouster Brown (Lake Jackson) Q 3. Gordon Arnold, Jr, (Terrell) Q 4, Kent Caperton (Bryan) Q 4. 00malo Bardentos (Austin) Q Q ❑ 5. Lloyd Doggett (Austin) Q Q ❑ 5, Bob Barton Jr, (Sam Marcos) Q ❑ e. Chet Edwards (Duncanville) Q ❑ ❑ 6. Erwin W, Barton (Pasadena) O ❑ ❑ 7. Ray Farabee (Wichita Falls) ❑ Q Q 7. Hugo Darling& (Corpus Christi ❑ ❑ ❑ 9. Bob Glasgow (Stephenville) ❑ Q ❑ d. Bill Blanton (Farmers Branch) ❑ Q ❑ 9. Ike Harris (Dslias) ❑ Q ❑ g. Elton Romer (Montalbs) ❑ Q ❑ 10. Don Henderson (Houston) ❑ Q Q 10. J.W. Buchanan (Dumas) ❑ If. Ed Howard (Texarkana) ❑ ❑ . ❑ It. Dick Burnett (San Angelo) ❑ ❑ Q i 12. Grant Jones (Abllenv) ❑ ❑ ❑ 12. Bob Bush (Sherman) ❑ Q 13, Glenn Kothmann (San Antonio) ❑ ❑ ❑ 13, David Coln (Dallas) N ❑ ❑ t4, John Leedom (Dallas) ❑ Q Q t/. Steven Carrlker (Roby) Q ❑ ❑ 15. Ted Lyon (Mesquite) ❑ ❑ ❑ 15. Roby Cory (Fort Worth} ❑ ❑ ❑ 16, Oscar Mauzy (Grand Prairie) ❑ ❑ 16. Eddie Cavazos (Corpus Christi) ❑ ❑ ❑ U. Bob Moforland (Arlington) ❑ ❑ 17. Bill Ceverha (Richardson) ❑ ❑ ❑ 16 John T. Montford (Lubbock) ❑ ❑ ❑ 1& Jerry Clark (Bunn) ❑ ❑ ❑ 10, Cart Parker (Pori Arthur) ❑ ❑ ❑ 19. Billy Clemons (Pollok) ❑ Q ❑ 20. Hugh Parmer (Fort Worth) ❑ ❑ ❑ 20. Paul Colbert (Houston) ❑ ❑ ❑ 21. Tel Santlesteban (EI Peso) ❑ ❑ ❑ 21. Frank Collazo, Jr, (Port Arthur) ❑ Q ❑ 22. Bill Sarpallus (Hereford) ❑ ❑ ❑ 22. Barry Connelly (Houston) ❑ ❑ ❑ 23, John Sharp (Victoria) ❑ ❑ ❑ 23, 9111 Coody {Midland) ❑ ❑ ❑ 24. Bill Sims (San Angelo) ❑ ❑ ❑ 24. Tom Craddick (Midland) ❑ ❑ ❑ 25. John Traeger (Seguin) ❑ ❑ 25. Lloyd Criss (Texas City) ❑ ❑ ❑ 26. Carlos Truan (Corpus Christi)'. ❑ ❑ ❑ 26. Jim Crockett (Pearsall) ❑ ❑ ❑ 21. Hector Urlbe (Brownsville) ❑ ❑ ❑ 27, Debra Danburg (Houston) ❑ ❑ ❑ 28. Bob Vale (San Antonio) ❑ ❑ ❑ 28. Mark R, Davis (Freeport) ❑ ❑ ❑ 29. Craig Washington (Houston) ❑ ❑ ❑ 29. Tom DeLsy (Stafford) ❑ ❑ ❑ 30. John Whitmire (Houston) ❑ ❑ ❑ 30. Wilhelmins Dpico {Austin) ❑ ❑ ❑ \ 31. Lindon Wlil(ams (Houston) ❑ ❑ ❑ 31. Betty Denton (Waco) ❑ ❑ ❑ 32. Robert A. Eckels (Houston) ❑ ❑ ❑ 33. At Edwards (Houston) ❑ ❑ ❑ 34. Frank Elkenburg (Plano) ❑ ❑ ❑ 35. Ed Emmett (Kingwood) ❑ ❑ ❑ 36. Roy Engilsh (Mansfield) ❑ ❑ ❑ 37. Charles Evans (Hurst) ❑ ❑ ❑ 36. Larry Evans (Houston) ❑ ❑ ❑ 39. Charles Flnnell (Holliday) ❑ ❑ Q 40. Milton Fox (Houston) ' ❑ ❑ ❑ 41. Joe Gomez (San Antonio) ❑ ❑ ❑ 42. Charles Gandy (Mesquite) ❑ ❑ ❑ 43. Tony Garcia (Pharr) ❑ ❑ ❑ 44. Matt Garcia (San Antonio)' ❑ ❑ ❑ 45. John Gavin (Wichita Falls) ❑ ❑ ❑ 46. Gerald Gelstwetdt (Mason) ❑ ❑ e -'X III now11~ ~l>trO"Wike fto" on 47. Bruce Gibson (Cleburne) ❑ 1'a ZP+il~Unkr►otim IgenwKks 48 Jay Gibson (Odessa) ~ 09, Jesse Dean Oliver (Dallas) (Comanche) ° 49. Smith Gilley (Greenv[Ile) Q Q 101i00. Jim a , Paralrick (Ant Q Q 60. Ernestine GlOssbrenner (Alice) , K Kea T T, Patrick {gqn Antonio) 61, Al Granolf (Daitas) Q (3 C3 ❑ 102. David Patronella (Houston) QQ a 0 62. Gene Green (Houston) ❑ Q 103, Pale Patterson (0rookston) 63. Noel Grisham (Round Flock) 104. Randy Pennington (Houston) 54. Clint Hackney (Houston) ❑ 108, Wayne Peveto (Orange) 68. 0111 Haley (Center) ❑ 106. George Pierce (San Antonio) ❑Q Q Q 56. Lanny Hall (Fort Worth) ❑ 107, Mary Polk (El Paso) 61, Tlp }fall (Ponder} ❑ ❑ 100. Tony Palumbo (Houston) Q ❑Q O ❑ C3 ❑ t09. Bill Presnai (Bryan) 66. W.N. (Billy) Hall. J (Laredo) (3 U Q 110. At Price (Beaumont) 11 ~ Q 69. BIII Hammond d (Dallas) ❑ 13 Q 111. Paul Ragsdale (Dallas) 60. Joe Hanna (Breckenridge) ❑ ❑ ❑ 112. Irma Rangel(Kingsville) Q C-) 61. Dudley Harrison (Sanderson) ❑ Q In 113. Phyllis Robinson (Gonzales) Q ❑ C 82. BIII Harrison, Jr. (Corpus Christi) ❑ ❑ 114. Butz Robnett (Lubbock) 0 0 63, Talmadge Heflin (Houston) ❑ ❑ ❑ 116, Jim Rudd (Brownfield) 13 64. Joe Hernandez (g Jr. untsvi) ❑ ❑ ❑ 118. Sam Russell (Mount Pleasant) ❑ 1 13 C3 ❑ ❑ Q 85. Allen Hightower, . (Huntsville) ❑ 13 117, Froy Salinas (Lubbock) 68. Paul J. Hilbert (Spring) ❑ ❑ ❑ 116. ROber1 Saunders (La Orange) ❑ ❑ Q 81. Anita Hill (Garland) ❑ ❑ ❑ 119. Stan Schlueter (Killeen) O O ❑ 68. Gerald Hill (Austin) Q ❑ ❑ 120. Alan Schooloraft (Universal City) ❑ ❑ 6'J. Patricia HIII (Dallas) ❑ ❑ ❑ 121. Larry Don Shaw (Big Spring) 10. Juan HinoJosa (McAllen) ❑ 0 ❑ C? ❑ ❑ 122. Gwyn Clarkston Shea (Irving) ❑ ❑ 71. BIII Hollowell (Grand Saline) ❑ 13 ❑ 123. Alex Short, Jr. (Texarkana) Q 0 0 72. Jim Horn (Lewisville) ❑ ❑ ❑ 124, Bob Simpson (Amarillo) 13. David Hudson (Sue) Q ❑ E3 126. Ashley Smith {Houston) E13) d O 74. Sam Hudson (Dallas) 13 ❑ ❑ 128. Carlyle Smith (Grand Prairie) O Q ❑ 75. James Hury (Galveston) ❑ ❑ O 127. Terrat Smith (Auslln) Q Q 0 76. Lee Jackson (Daiiss) ❑ ❑ ❑ 128. Chip Stanlswalis (Amadllo) 77, Arves E. Jones (El Paso) ❑ ❑ ❑ 129. Mark Stiles (Beaumont) 78. Ray Keller (Duncanvllle) ❑ ❑ ❑ 130. Lou Neils Sutton (San Antonio) ❑ Q ' 79. Hill Kemp (Manvei) Q ❑ ❑ 131, Frank Tojeda (San Antonio) 60. Rollin Khoury (Waco) Q ❑ 13 ❑ 13 81. LB. 132. Gary Thompson (Abilene) Kubiak {Rockdale) U ❑ ❑ 133. Senfronla Thompson (Houston) C 82. Edmund Kuempel (Seguln) ❑ Q ❑ , ❑ 134. Mike Toomey (Houston) 63, Pete Laney (Hale center) ❑ ) O ❑ Q 84. Don Lae (Harlingen) 13 ❑ 13 136. Rodney Tow (Conroe) 86. EI Franco Lee (Houston) 11 ❑ ED 138. Jim Turner (Crockett) Q 13 11 86. Bob Leonard, Jr. (Fort Worth Q ❑ ❑ 137. Tom Uher {Bay city) Q O Q 87. At Luna {Houston} E3 E3 ❑ 138. Bob Vallee (Ei peso) 88. Frank Madle (San Antonio) 139. Jack Vowell (El Paso) Q❑ d 0 . ! ❑ ❑ ❑ 140. Tom Waldrop (Corsicana) 13 89. Jimmy Mankins (Kilgore) ❑ ❑ ❑ 141. Ralph Wallace (Houston) Q Q 90. Roman Martinez (Houston) 13 ❑ ❑ 142. Ed Watson (Deer Park) ❑ O ❑ 91. Walter Martinez (San Antonio) ❑ ❑ ❑ 143. Roster Whaley (pampa) 1:1 92. Jan McKenna (Arlington) 1 ❑ ❑ Q 144. Leroy J, Wleting (Portland) 93. Jim MoWllliams (Hallsville) + 13 Q C3 ❑ ❑ ❑ ❑ 11 94. Bill Messer 146, Doyle Willis (Fort Worth) (Belton) 96. Mike 146. Ron Wilson {Houston} orenpo, Jr. (Fort Worth) (Edinburg) ❑ C) ❑ ❑ ❑ 141. Steve Wolens (Dallas) 98. Alex Moreno, d ❑ 148 Chock Word, Jr, (Meridian) 0 97. Paul Moreno (Et Paso) Q ❑ ❑ , r 149. Brad Wright (Houston) ❑ ❑ 11 98. Ram- Oliveira (Brownsville) Q ❑ Q ❑ ❑ ❑ pip Now ~I } * } I+r~ ,.:1 C It i ? 'iI"`i ddli, ~.,y4yt r r.1 ( ' `v r 1J:r...Y lyiV 1t1!'i ,1{ ,~(J~, f~r,i tltR`,r tl Ji~(;i/~i ~,f'}1'~~r~IY ~•IVu,r('l d •.i w , ,i / 11 } 11, '•y ~JP i~; i`Il,ll p,r ;e ,1 i.l~ ~1i('\.' y,r ;,r l;~, 9~.~t,i1„°Yr ,W1~tr"d ,J~ lil; l' Y4,~,iS V~,1, ^1 'J, l 1' i i.i- f=71 ;l .,i , 1 :1k' ' M1~. •'n: .1:, 4, lvi ~wv i 1iS 4 [e Ip~ [,t u,., d lx-1 '.•i ,.t ,1 i i q,. „d, 'F.t' bf _ i. y~ r. t.l!~.l~r ,f ' f J',1. ~~Ni; ~ 1\I, ,r. 4d1~ 1 x{7,1 Y! } ~ 1 f .l .i , 1 I ':,:5 \ 1 'r~i .V♦ t { , r , 1' I>•, ~ ,1 ~.II ! t• a rt ,,'f, S,{~1 I4 Rt: Tv b,i~:~`ti11•II,L~~,,viy {R,A~^,.'1 1. ',r 14~i'.. e. 111 ,.1~~ Y41 1 Al i ! f ' a tk i. 1:~ t ( ~ ~w} ,p li.. ~ 1 [ it v ~ h P y !It e.• 1 ( r r v I i'i~ r3. r ~ 1 ~ ~v I 1 f, I. , ( ,,f d a i If 90e'ptYol...ai t'. P, r ;inda9 con" ittoa ehalti dote rot 119 001 oarttlY r 41 ,+la.; a; `I'~ IY 7tll ~~Y ' . 1, 1ri' ~I1~ Il~.,th• Lepl9VAC„Pt.,dpd191rt/d:..feWntle,q/Tnld (90 6naa Vtf1/'`t~,1;. r~ 1 +r oedSng tlaoal YoarE '•111 Itil16tA,mil I{llWlt(t 41 r I 3 highway (fund for,011 r1 to l (arthl PreadlnV tNeae TOM l , nde '1, fll44 tv (ratter' 1 , d ,t 1.9ts.tw,'$I' MITI,GO he til9hvey boat, } •t2•rtefl "',1 t. 5` , ,i betwoanthf;°ler,Vnta tr'W,tfer5el N ' OttNrencl,, Lt anti t AM ACT, the : a. eltd 64ar'Revlee Qlvll 9t.►aa'tep of 1 i, eni( llrttala 41 d aSlocatlOn 4 and uq9 el-prate fuNda toe I% ghWAV9 art;pIlll reoeding 'tieuv Y/I ' reUt{It9 to Ula , t' ytraetei ,Ilr I ' t , ' e 1lendedi. durlnQ. the P 3 atroatii' An,, to provltlln9 ewla4iloo CP'altl9a tvf 91 Y ~q><►ele 19761 ; 1 "a. Inq 0111 1, ~1 L, a r:(eiloluaive'ut any edluatwonte pads under thi/ wbaw4lon OF THG STAY ~4 R1 sY THt I,KQI4ATUliB TflXAa1' t IT GNACTt:p that would meve boen 1 t " receding, tNwt,;'V/at') the amount 1 66741,.i,Hovleed FtatuC o 4n,eudad t9 a` clr e~ Ft „ . CT 719M Si Drtl the PTeoedlng Yleoal ye1C'St the., In CueRUUnt 1`.'traneferred Qur1il i read a# WliOW :l'. t 1`4 Art: 0674f. NICIMAY 'Q IT It+UXX1cOMN17TBEI TlW6, wRF TO STATIC t 1S1 af dadloeted 11yonue', And'",thd aaLUe1 hlyhway•goat lodes Sus th1C 'Tits Highway QOet Uldox Committee coneletp Of 12 •.IY°Vr had been usodi to tfatormin° tha'',a~ountr+,tranat°rrs,t. Anil 7 hpsnce, th 13 (4) the amhunC by which thq transfers for the eu'In'Z [tseel it IQUWIY FUND, W s escrotary Of etetol ! •9the governor orl tn'lhe 9ov°rt?Pri0 i - the. aauln~ of the, ccount 14 y.Ysar al'e'to be ;adlusNd to <oRpuReate';ioT' eubu'e.r:tonl to' the lieutenant govs rnorl end the aolnptlollst' of public e year, a, . &ubdivSAlon (31 .of this self even-numbered er, the 11 {b1 ' before NoVaAblr S of • 45 dltteronae iatormi net under , on or _t~ZLl1;1 a ueo t~L° ec,U. Y: !~.-_t1Ut_.4o_t}} ~1 9114!_Y 'k StY?11uosAo tc the complcoller the 14 17 Highway Cost Index ConmSttea e1t411 certify and that ero estimated amount of transform t0 the state highway f 17 Y94Y1 a s anon ~r:,ve told 13 3649, Pevlaad Clv1l. Ftatulee -DLYa. Y_5~.-------- 14 requtrod by this article and Artlelo 9 18 151:14.a ea kcal .e Jtor t4 . Illo ! e ueg [or tha~~rsgoJlPg:.,(.__.___--- 19 - !lg1KLY_ 4.140 _.F-Y4A•- 02S,' es selandod, for the following /Noel biennium YS of Texan, tlfl a lal t ee A,I _eat }m a.t?P_..!iS~_-Y_ P9'-- d lime Rada ands tit subeect mt alg A 1 20 16 r;_o_su*~544-~1nn ~Y--S- I °1 car tl[lc~tkon, ~ tc o t ansfar for t~~ r. ~;1_..Sh4_amoull;_??Y-~'!1-~.Ih_.._[__.__~-.-- 10 NetaLlj}u~,. 1.l m.4etlL,gtil tik44 yel,t to t~4-o_rS _21 All Year, the Highway Cost 1 a axcu ra YgkT._BL?_..t.R~°__sd She. t-4~-~o_--comb°no°ts ~4C~~1.' 1v1''onorbollroAucnlet 1 of each 22 ,tt}pdns su!dlY.1!12161_4S thsF.91boacCloH. 1ha11 aartlfY to the comptroller tbo estimated: 19 tJ Index Committee EunJ that a!4 P 1. (P1 The amounts Lrsnetarrld Lo the state lilyhv.la"" Lund undor' , hi rei Ilred bY' 20 amount of transfers to the state ghway 25 this article end Article 47641 shall be. aetSmltsd role detsrrined '.51." this articloand,Article 43641, Pevlend Civil [rtatutea Of Texas, 20 , 22 1935, as amended, for the loll!ovinq fiscal Year. llt_tho c¢!e, ot__A 16 under the following fPrmulal 250 4?691 ioilllonl ku,.irated . a revile the eatimat°d t4'pnpferve, 17 Amount a (colt index X §A_._. I ~ Colt . (d) On or before Slovember 1 of each Year, the Highway 6BR2771 JSN.t7 . 6099731 JDN-r . . ! f r. r Ft' t 1 revenuer ' In the termul lt 1 Seeelon, 19S9 (Artinl6 661Sa-5b, V4tnon0e Taxei Civil uvntute01 t 2 (0) 1', aptar 456, Acte of the 66th L4•2lelataur.A, Pnqular (1) "Amount" meAnu the totet'Yearly amAunt to be ttanefetre'1 " ] Beeeion, 1959, to 4nandad (Article 66764-6b, Varrran''t Texas 01V11 4 from the 'ganaral revenue tend to the etatt highway fund 9X011om 4' a to tutee )I f 1) 1 S 5).~.g9Y_ ~dugtmeRt4 male u!}de)'_9u~gec•Rig~,_td}_~~.lhl! RStIc14, 6 S (H) Chapter 517, Aota of the 56th Lillalaturn„ 1965, as (2) "Coot SnJax" a+sene the #avtor determined under 6 amended (Article 6615a-4a, Vernon'& Texna Civil Su tvcnm)1 7 BubAAction (9) of 0116 a'tie-40 (&66446x),' 1 (t) Chapter 707,; Aota ot, the 5911 LAgladan.ure, Raquler A ^ •'i (.r) "grata ~h19hVaY__rev~nus" me~nn the gum ot_thaesmoui}t" 6 861110", 1965, a amended (Attl016 66756•6d, Vatren'e 'Sexae Civil 4 A_}ng edadlcalgd toVrj?k-4"" 6tdgl,l91-Y9'_. It Any edluetmonte 19-rule 9 Statuteall and t'1D ^~grtl4st' made undeS eyttea~~o!? Id).(L o)yla 4rtlcl~ ; r t~ 10 (J) Chapter 130, Act* of the 64th La7lelatuil e, 1975, ae r11 ILL JAI I'Dedloated 'revenue" Me)lne',thd 3avenue credited to the 11 amended (Article 66758.56, 1, Vernon's Texas civil aturJreee). '01, 12 state highway fund under the tollowlnvr 11 15_1_."_34L1 41191 Y!il4f._I4YgR4tS"_l[LOA a~_rli net ra (A) Gee~fone 151 0111I6 ! r 1 11 r 1-~11_2L4~3. 4~J;)sir5q Ark( 1SJ,50@1_Tex SJ d9R4p>~4d l1i c2t!!5±t~ iT~sell o r to <_•,ni;l rromt P. 14, gLode 'llthepterd••9••end••39r+rot}+~19AAe+Texae4en••Aensaa}i•AAV4ned l4 ' IAI--Aggr L -t- -iVl!RSirrllg-- x afa r ,1~,;1r15 ''n4vt}•steerle6•ef-Fedael•i9A6>•ad•~me},ded(t_ " ~ ` r, 15 •.I 19]4....tgrtad,all._~~4...._c:ea111..~a!_4.!r:!n'i 41.._'w,er,r vadlti~q Atllalo 6606, Rev1Aod (11011 AtAlutee of taxes, 1915, Aa 16 C e tar 2 a d 17 4mendedl 11 ' (41y_!ll~.+~!.,ln4 aSh!~~s!'-t,:~1o49 undgs the Cn_.tltJCatq,_gt ?(C) S4cti0h" 1 through 16, Chapter 00' oeneral Levi, Acts of 4 i r. r 10 3.1]14..Lt$t lf'CS4]4~!..(!~ '.~.i_~3Y(IOL:~.~'Yltl4_~~.Y(t 6tAAq m..17. 1 J oll 14 the 41ht L60lelutur6,j2nd Called 9edei6tfn'1929, an emended (Article 1P1 L1d14_la9S4E!'~E#P.h CS4!...(~(?PPtAt 89/-'neliersl Lave, 20 1 66791+1 at,eda,lVetn6nld TexAe Civ11,9tatutee)t r' 21 21) (tcie of t.11e 91st jegle Aty>ff 2tLQ-CILUdd,se881Sn<._1_^±_7~LArt)ele _i (D) ! Chaptot,t 10, abnurAl W i, Acfe: of the 4161 Le91816tute, 21 ¢6)5i3`,t`a~4t].L.~4!4 + ^ •r;'22 ''9th 'Called Reulon,. 1910, Aft ameAded '(Article 66756.66, VAh}oh`s I . 't 22 payu493~s4f.lSOJIe_~8~q_ 165'5444! :107jL@.-% _Verncn'~ 1nMne_~1Y4d La 111 'r Texas diL14 StALUt6e}~ r t%'!{ t °ijl } 1 kt, r 1 21 @4►tUt3~L~Ch!YS4R ~$$tW Aall: Of X14 ~0-4th Legl4lat urge k/yultt 24 -(A) 96atloo2, `ChAptet 1y0,;.(16M6rs1'Lave, Aale of the dlyd + `2d 4glglo#1,_4.9L-.lLcJ~ ?,.4.(_Ylt114!!_'I- rNrlqi- Clvtll l:tat,lte~)1 + ,rl r2S ~~'1,bQl4latb re, PAgtllat )9eU6tdn1 Ad AmAnded (At L16 to' 25 . t4~£ ~11$ ~i~Ell ~d.4(S1Ltu1e,' Pgqul+rr 7lueafens..95p C1 gVt.d1_ 45y t 26 , 66754.1!•1/2vetnonlA Taxes Wvll 9tatUt46)J26 jA}1]93! 60 Sa-6b ti Z__._., Y_t714L+ 1..S4it+~. 41Y[I.. e~.tutael+ 'aneLteULL jI a n 27 /rr (li) -,Chaplet,'§96,0 Act6 of 't1d Stith 'Logiplature„ (1e9d1 Av I ` } 1 t' ` ♦ s 1 , 1 , 1., ' 27 &o1ft aol. thi SQ,1i1t_ Le ) tl s ulA eeion 'rJW ft t flFJlti.~'~1.+._.~_9 ._t.._,......_ lA~].._~.§ ! ..'Y.f' lr " of ry ,r ~ 1•t Y/rl~l 1 i. , i .1 I t , t 1 ` '.'r r ~ 1 b ! f H t ~u{ 1F' ~,r6Ab2711' J9N+P '(I Jyl !!IJ 1 tIL 3' { ` Mt( A l 1. ya " lr 1~ t M1, r ~i. 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N:~~es5 §~a~lStgli ~u~ i+ ` , S I:ClQIIYCe~.P~1lJ fV IR4 an aaounL aTl!} S0 elx nag}ll~ 4! ~L9__!!~~! 1; r,1 '•:Nl 9 14~Y 41.~.lYkltr-~Y7~-24h sun w It:l. :F~lXlBYSr.::..IjLQ-I.LI,Y-•#.,f+S.ISll44C1.1419.1.44A~-!K,tiI1i!&:rovlal4{{!~( \ ° @ fsltTesiOA sL3x4tl9at~nq-,![ in 0 a T'°, ' ~ur,9us ~tlLC~ItAL~L531 !![i1Si~~Lar=il~t,SSiEt!n6r11 ~ tnsr ;~Itl! 1 sr 9(CA ll1Sl~~lY._3t9J~Y~h44~!{~Slll~ 1.1.41.!!41;1.el0 5„S r } %'~i Rai i , 1 h21~i11',- dl- lil F :,.r~ ti 'i i r l '~9Alt-A t'li£«.1!IIY:.~E'.'tY.l~. 9b.1 -1DX•1.j-+3f,..4r4n41195-. An_,4'~ ti i r 9 ~4d111- _Gll 4i141'1R9 .$4-, RF4u» Sh3 ~.9~14L1Y_ CSIS ~'IIR~l~ 'I '9' E1114R11 UpplPPil!1514111 n Il4$ t X141 :11.914? i' a llRI9QF ~A~S , Comm jtEll~911511*y34.':fASliil 112L.11Yl.lS 433940 ll~s4 J4P i'`\ !t t V/ 10 `;SXSl1l~Ll Fylda of nl[L.SbS aJSY lE[lSY.,1mECu lmeLS1_.iL4'~ .54 is 11 Limits lslint~ p 94'~s1ss s! 1:1r tut ! cslis s _sa l l ~~:J n i 11-r: sL 12 ~4~n4~, ~1s5s1~ _nti u b a b t mu a t +r~ Li J,yl?i}S1i14._!11~,..E,^gt9.~'o-11y1,,,,,f},1ghKay motor vehlcl___,__,_a paw .~c :,s : ,:.1~. ~y~°~l thl eube•ctl T r~r l; ~ ~ •~',t a. , ! e 4li_►tl-Pl1[R1L11A94-:_RL..~:4::_._^4ille_~!9 a 13 IsisIq?.[.Lil1. Y4[ Vi .49_ wo _JoNrct c~ 13.41?tt41 _may hS_48LQ_ L( , st `'1] ;ILYI._. o u lm~lllLR. LS' Do tvenjforrsd .llli ! made -:m L s. ~LL_4tei4 J ~ 11 1.4S~1S!_..13._-P'?~-!!YA1b!~LlJI~„S2L4..SS.mg4~ the the m stlpk?~S~' ! i1 r .'ile ,'r~+Lattm,~~ of Irtehwlye end Fub,~}g ne o L1~n under nroQ4~[9! r ..1.i, 1S }he cosunU a tt1_3~c l o $0_fA!4ai y0Aw, l6 ''r l5 tc OPP.[3v!~.~Y t • tahvey Coet index Commjtte•. The lulouyt!_to bS 5`'•,i (9) The State ' Department of. Ilighwaye and yublio > 16 211 by the H4chway.,i~RS-_ll.~4x_._= ?~~:ttr4_,}Ld 17 Transportation shall compute the h19hway coot index for each fiscal 17 clFxLi~Q9 to the comptroot 4( _pub 1~lacounta• 14 year 4ceovdin9 toe prooedureeeppi'oved by the ifighway Cost Index' 10 1~. O o Ltefor! ¢ecambef' SS of eacl xaa _~ch ;itv w1t}ll i. 14 Committee, The lndon for a fleoel' year la'determined upon the 14 !'los, atata s._ hi_ll r'. • csrttly to thq ~mptraI ley_~_publ lc .ccneul _ttke, 20 ..weighted combined coats of highway operetiona, maintenance, and ' 20 1llimbe [ tn4lae oL a e street that are malnt!tjimLb*t '.the cJSY ae 31 construction for the fiscal year compared to those costs for the '.'P(_@eptorTbor_Lo(that Year, The oert Scat o a l m u,de' can 22 base (local year beginning on September 1, 1970,' The hlghwaY coat .22 !l5d: t;e u t s s a ~ 5Lr!l..Jl,1.9natur• of a arotelsloraL_eMinagr c_Tfie_te!'~dJ 23 index for the base fiscal year to Loo, ; 24 33'tlA!!.:.stet9.`_Tite State _D^Pir.tmlgt of~llS9r1~!Yi-anil_fuUl.. (h) This article doss not authorise the transfer of Unde 2e jl.apaportatlo a l le • 1__i_t_4u~ ^iL_p)1_}._.34~SPPr.4P!' at a aticns comv,nrnllpl_thle :i~•; 241 from the state highvay fund to the general revenue fund or any 2: pntf~c~tlspi 26 other (uhd 26 131_.O1t_kL~eto to 11ar11 1 Of oacli.y~~t,l._c:mc~trollll~of 27 Ill IS! By Apgl of 4ecl_y4ar_tha comQol}!r,_publlg 27 b1 u~ trout to a all el ocats from tl i t aec_an rovemsn 60RZ731 )BN-F S 602711 JDN-[ 6 1', 1 f1N1131_$D~ ..4l~~SE~PIY~.Sn.?e~11._~fSY. cgrSS.1YSJ19.._9`~.3!Ia.YSJcc~, ,tlt 1 }{~cludlP4!f.l!_o,me-;t~~o c.it.ka... f,,,: Ji !>s?Y.tlj4P__I32.~3C_t2!S!!_.lill~P.E~4S~L....t]l9.llotlRt ,dnt44fi3Lta. J_~gn!er 2 jOJ_,_"pjSlae"--•monn~l_~n11.ee, of et roa ta.,._CeYaiJlana _>t'._iwm!)ar, of ' u lYL!S91L.iAL4L_thje ~}!¢6aq$t4}1 J l0.lleei ,l tl;,',.'. 4 1.~]_,_T'}te_~motl~j~o_L?!.l?1lld..to!~r~..41tp e1t~i.S] ba de'tolminq!).~ 4 I jcj.. ^E•av_ed" rweril_Q_etr4e.4e_yhtch_hltgs,q conotot.e__.aurteca_~ or , I , I r IJ py„u~j{iq_SILa,_(Qjloulnq tolgulnl. S en ~gFhsl,t,eur[ac}y S'1 6 oln jTotal tliide batSn5g_et_tILty._e,41ao[ 6 SECTION 2, As soon as poselble after the sffettltvv date of 1 ? m ov e u JS Ided b ke tot 7 this Act, the }ISglluey Coat Index Coeunlttoo ahel} make n epoclal r, pumper_ol',_ml,lra oj_ctjy_eFgete eeikljledl ; 8 eertlflretlon of the emounk to bo tlwnstarled !or kiln '.39(14 ftereJ, ',u 9 ~nunbst_of mks of btiaetN„Jer~t;lg by p' y year b6eed on application d! Artlole 66741', lievleed Statuttee, as'' SO J 1 eaoh~~.4Y 10, amended by this Aot, other thah 9ubaeation 16$17; of tl:int artltIs, i' S1 j9j__ et!i _.g4ky_~1g~1_uee_~1~+,,end e~~:tui,de rotelved he. T 1'1. t."and on any other pertinaht'Actions of t!te 69th Leglel°toar,,, pequLli y I ` l1 ei ty_A1 !A! fLn&ay eAel}t,tm4.,Pq 1 y!fit t?te mel ntgla cs tepal r, or 12 Soaelon, The commlttoe' ahall make this certification ee soon aa' t ' u 1' 11 r - rrQpit~}-iolt a! brldyee_nnd fave_d_pttaeta me•4rtatrgd by~to ofty• ';r / Yr ) 13 preoticeble after the akleotivoll datoi~ 'of thfe .V4-t. ?Lie 14 r. Eeao}ty_.t_Lovlga lucaLlnetchJ~ny jrtnJp toi' ke silocetlon ti~M 14,' , eettltltetibn shell I'kaf,lacli +tha 'carti[leetion provnded lthdar ' IF t V.jl l6 _the_tuu¢_~l_~_r4tla nt_~ll:psrggnt_t syl 70_petce!yt: stgtc city SS krkicly 6674[, Rovleed 9tetfAtell, as lh atfatt.on Auyuet 71, 1983, t, 16 I LMyrr~gttest th~c tkd turlSa~ha~dmlgerdred by_t~q StakQ,beput$ t 4 16,1 for the 1984 lSaoal yea! Il ` 11.+.'ytSL~I.IgtLw~ye atLd~liuhlle;.~ne_'h@poi~Aklo~ e!,!_;tlial: Ite~,det,affmuht: 1'`L' 17 96C'tlnN J„ Thi♦ Aak tek6s Wool: 9eptember' ti 1g9at ~Ir.~i., t %10 .I. prOvlde dee14y_n T!S L,tgpec~lon_ae 4e11'a~_~ontrect_ad~frlletre.?.lga at,:; 18 l 3•.i: SrCT10N 4, '.Thd t!npoklahce'otthfeledfslatlono ahd tn6 r ~l 1t`,,,1',~ il9 '\.tfo_roht~O,~ILA city '..'19 oYovdtld tohdlulon'u!'. t13e•,IcA ltlndete ' In both houses ttenke an 14 16Z _T!le,atate aWlftdt,ill c6 aIA 1.p?11i1.4?!..PBJSJ oprletn, bt<gte 1, 'i 20 ' ey slid '4tltlVe publldnsee a°i 1'y Elliot the y1 !\\1'S ~,~ge1l e s l; devaloY. [6@L!9P t ? a_noQunti_pyi audltltiyf' and " i 4+ 1r tt'.gdnetltukfoh1l tuie`tegWt•ing iiils kb be 'read on r,tht"i, sovere?c~°} y ~N~ 7~ r'.. ' + II f 1.'. r. , .1 r1' 132rep614 tJ1} !ta130Atdd~uj<la,r~fe; to bIlo oLte•ttrtlrie, days in Ndeh hdtiae,be euerMhddd,' and [hit ilWis herab•tl eu°pendeQt';v hot uaecl Sit agcorjmg §,Alts.-.-11 f3i4.Lt4....bt t?i p ~ rf{l lit :.r . . . I' ' r r ✓ tr~7 1 , )J r'~ ,f;. U } er lqj_#. JibsI bt ll rlu!kgd_ [told eubsotc !lent tntlsts~enke..J'aa'rth4 l .,..F ! + 1 2b~;',C 1811 It t.'\ tI ^'y# 'r 'S'I~/ 1~r Jit, I' ttl ,l'r/'<'(i j: r. :1 'r , t llf:.~o rti 1 1 , y . l~1~J r 1 l•1..,~ r , l.:1' T. Ili: f! I 1 ! f'' '~:5 I 1: rf , , , t ~ •_J ' .1+. r ,r_ d. , „ i ter I 1 ~ 1 :,I l 1+, 'k~ 4;.. , ~7, t j/l? tYi ^A!Lte sfl l1]5ol1?Qu9ted ' l e t4yf!19 et .Y11Saye, 1 r 1 }rr. { v 7 ` i. 1'3 7~1 e; f ~ i~, ~1 :,r 'J1' ,:''.l n ~ J' ~1'~~J~', 1',.J , ~ I I',:; ` ~ i:1, { `I 1: ,.,'I' t ,i 11. 113, t Y, `t'Id t4✓';.y6I1111/?1~'JBN k`.l,'.11i.~1}1. ',wt'i I r.i:,7. ~.a } j): !/ti'•, ~rt1:';6~R27J2~"~8N•tJ ' r, 8 r,. v` r' 4! 1 Y, J r 1 !1 F 1 1 r t I. ''.i,l J1 'i IF11 1'; \ ' ! Yi 1 J 1 'r,it t( \ ,y Ji ; r ✓ ,L IV I 1 H ♦ _ ,I ( r 'ti r r I 1\ \I Ali ,r 'i'.: r f1 1't, r1 i I ..,1 1' r , i 1 ,t ( i , ' r 1 / , , t 1 / 1 {rp . i~ ! , J ~ IY , , 1'r .,f•,, l t1~•`'~~t1~ ill:1•• fN' ~'1, „I`~ Jf t!~J}~r iy'~f 1'y l , .'1 , r,, ,I. 1YI ( v ~ y. i I /4 t 3 , \ ~I ,Y,', 4 i, I'll , i CITY-BY-CITY ALI,MATIONB Will Blenn(a1 t2 "A KS) UNUEA ,i,6,)11,,~IIII; ;I IV UU,%,i A it to Al Ao t o IMPKOYE491ir FUND (POTHOLE, BU,I,) easyue Caldwell Meltol $ 76,400 Lookhart & 166,600 glonnlul* Ito nnlal* Herldtan 991200 Luling 86,400 Allgg~ttoyi A oat on Not an 33,400 houn Anderson County Volt , CAI Mille 56,200 Point comfort 44YI Elkhart F 23,400 25 400 $ 90,000 Walnut Springa 19,000 Port Lavaca 159,800 Se yauur Bowie Pgleetins $186,200 Seadrtft 63,200 Andrade see Hooke $ 39,600 Callahan Andrews $189 Beeville $9154800 Maud 330000 Baird $ 16,400 ,800 gall Nash 36,600 Clyde 36,600 Angelina Now 504 ton Belton 109,800 Diboll $1461800 $ 209,800 Texarkana 6990400 Cameron Huntington $2 900 Bartlett 46,600 Brownsville $ 694 ,40„~ 7S2+ Harker Helghto 90,000 erazorla Harlingen 499600 Lufkin ,600 Holland 50,000 Alvin ' Killeen 666,OW Angleton $ 249,800 U Feria Ara 25,000 Horgan's Point Resort 130,000 2890800 Laguna Vista 23,400 Brookside VlltsSe 404ODo Los Fresnoe Rockport $137,600 Nolanville 28,000 Clute 26,600 83,200 Rancho Viejo 43 Aransas Pass 661600 temple 749,200 Jones Creak '200 Archer troy 30,000 Lake Jackson b3306,2,400W SaSoun th Benito e island 76229,600 Arc 600 Archer City $16S 400 Liverpool 21l,400 Hotliday 26,600 Bexar Manvel 36,600 Camp Alamo Heights $ 165,400 Pearland 276,400 Pittsburg s 80 000 Lakeside City 16,600 Balaones Heights 21,600 RlohwooJ 36,600 Castle Hills Armst 93,200 Sweeny 119,800 Carson Armstrong Claude Converse 81,200 cleat Columbia 81,200 Croum ~ SU,000 $ 50,000 Elmendorf 9,800 llytown 10 Gray Forest 6,600 Brazos Ske +000 Ata Charlotte Hill Country village 41,400 Bryan 812,600 Cass otte $ 33,000 Joudantan 66,800 Hollywood Park 132,200 College station 281,000 Atlanta 136+600 Kirby 71,200 Hughes Springs 156,6^U Lytle 350800 Leon Valley 133,200 Briscoe Linden Live Oak 86,600 its ue 56,600 tin AUSBel Olmos Park 45,00 Silverton $ 131200 Queen City 33,400 Wallis vllle $116,600 San Antonio 10,323,000 33,000 e 53,200 Shaveno Perk 16,600 Brown Castro Somerset Oimmitt $ 74,400° Bailey Saint Hedwig 50,000 Brovnwood $ 56,600 Hart 26,600 Muleshoe 486,200 $100,000 Terrell Hills 95,'1.00 Early 41,400 Cherokoe Bandera Universal city 196,400 Alto s 30,600 Burlaaou Bandera 501000 Blanco Caldwell Bullard S $ 113,200 Jacksonville 23,400 Blanco $ 53,200 Somerville 241,400 Bastrop Johnson city 38,000 8u ,600 Childress Smithvllle $109,800 Burnet 56 c + $ 83,200 Childress 209,800 Bertram *One-half of the amount shown for each city would be remitted by the state to Burnet 75,400 Cochran Granite Shoals 36,600 Whiteface 19841 the other half would be remitted in 1985. Marble polls 811,200 5 100000 -1- -2- blennlal v ocgtio biennial llooa l0 blannlai bianU.,i Allocatlo~r 111o_,t Co lMan Culherson Coleman $ 146,600 van Horn $ J3,40U Dickens Fayette Collin Oallaa $ 36,600 Ghulerants urg S 149,8(10 Allen $ t38,800 Diroai t Farmareville 82,600 041hart $ 243,000 Carrtxo Springs 5 86,600 Fisher Lucas 63 200 McKinney 320,800 Dal Donley en S Y,600 Murphy Addison 26,600 Addis 9 $ 106,400 Clarendon $ 171800 Rot 58'200 Parker 66 000 Balch PrimBe 25,800 Carroliten Floyd Plano 1,3581600 Coppell 151~4~ Duval $ 347 F'loydada $ 70 000 Princeton 50,000 Dallas ^ '200 Bsnavides ,200 Loakna ' Pre per $13,1.0,000 y 36,200 16,200 Desoto 316,200 Eastland $sonee 49,600 Ounc4nvllle 449,600 Cisco Fort Bend Wylie 24,000 Farmers Branch 406,200 Gorman 5 60,000 Kendleton $ 101000 Collingswoeth Farris 83,200 18,200 Sugarland 116,800 Wallington $ 123,200 Garland 11851$400 Ectar Neodv(lla 31,000 Glenn Heights 30,000 0dasea Rosenberg 259,800 Colorado Highland Park 140,000 $1,232,200 Stafford 62,800 Eagle Lake Hutchins 20,000 Edwards Franklin $ $2,600 U ncaatai 123,000 Rocksprings $ 226,400 Weimar 83,200 Mesquite 872,400 Meant Vernon f 13,400 Comal Grand Prairie 1,8981000 Ellis Freestone Carden Ridge $ 293800 Richardson 11069,000 Ennis $ t131200 Fairfield Now Braunfels 452~80U Rowlett 229,800 Ferris 83,100 S 64,400 Seagoville 253,000 Italy 153,200 Teague 1),400 Comanche University Park 2430000 Midlothian 73,200 Frio Comanche $ 297,600 Oawson GYM & 112$000 DeLeon 400000 taaeen $ 118,400 ReJ Oak 14,800 Pearsall S 64,200 36,600 0elnee Conchheon Deal Smith Waxahachie 283,000 Seminole S 2)3,200 9 39,600 Hereford $ 2130200 61 Paso Galveston Cooke Denton Clint 26,600 Clear Lake Shores Gainesville El Paso S 16,600 11069,000 Denton $ 619 4,578,800 Friendexood 129 C ,800 Muenster 300000 Eastvale ,400 Galveston 13,400 Erath 666,000 Co Flower 4ound 166,600 Dublin Hitchcock 146,600 ryell Highland Ytilage 100,000 Stephenville $ 76,600 Keriah 72,800 Copparge Cove $ 209,800 Justin 33,400 LaMarque 216,400 Gatesvlile 136,600 Lake Dallas 73,200 Falls Texas City 1,135,400 Cottle LiLewisville 300,000 MArItn $ 110,000 Gillespie Paducah $ 20,000 Lit Point 22,000 Rosebud 70,000 Fredericksburg 65,600 S 231,400 Crosby Sanger 40,000 Fannin Goliad Croabytun $ 300000 The Colony 266,400 Bonham $ 200,000 Goliad Lorvnr.o 31,400 Det7ltt Honey Grove 70,000 S 40,000 Ralls 37,600 Cuer) $ 126,600 Leonard 28'200 CunS Yorktown 106,600 129'800 Smiley $ 10,000 Nixon 53,000 -3- -4- ylonniat Bieit ot,Ik Sionnlal " blwtnlal Allocatton alluy.ulvn Allocation n110itIt ut.rY 11arris He+ai.n•sou (Contlnuc,i) 1111teltil Illicit `fel,anu $ 49,600 8,1 ytuwu $ t 03 ,200 St,L,• Hurl,or 27 200 pui•8ur ~ 329'1400 }ampa 466,200 esllalh, 199,800 rook 106,6UU Cc ltph 28,:00 Ilankor dill 31,200 rr(itwoo 600 St.IAnott Grayson Dour Park ?39,.100 53,0(K1 114114 $ 10,000 Cl Lago )0,')JO itiJal Jack Oeniscu 4191600 Calan:t P.u,k 226,400 AI.nao $ $3,600 Bryson` f, 1,600 Houu 23,400 OU .rta Vlkl,Ujo 11,40+) Oou ml 99,200 Patt4bor0 11,600 111tit%Ire Vllingo 0,000 Ed Inlmtill 209,800 Jackson shurnan 709,2x10 Ilonolert 19,98);0J0 1)14aIgo 36,400 1:4aa c I38;SOO fen Bern, 281+iuH Ilw4hlu 36' ?00 ttcAllen 965,800 OaI,,IJo 18,)04 lhltusb0ro 711,000 Jacinto t) lI1,800 no rcedos 127,000 Katy 14.',600 Ili is ton 3931400 Jasper Grugg Lr,POrte 28i,,4101) Pharr 259,800 Jnuper c 172 101)0 i.041gviaw g 792,bou 818fluuri City 5O,3.Y) San Juan 100,000 llarreu City 26,600 Nassau Bay $610o0 Huslae0 266,400 Jefferson 11hltu Oak 189,800 Pasudann 1,27t,JR)i Bunumont Kl l;loru 2G, It' 0 Saab rook ' .i Hil l 834,900 Groves 236, i~)O Glade Witt or 185,200 Sho ruacr us ti),1, )(1 Covington $ 11,600 Nederland 231,!(N) Suut1, Nonstop .1111,"0,1 Hillsboro 246,000 Port Neches 183, 21.),) Ouadalupu Suuthsldo Place ir,,bou 1lubbarJ 60,000 Port Arthur 942,400 Cluol -e 5 83,200 Spring val toy 20,4()1) Itasca 3G,60O Marton 25,600 Taylor lake Vtllege 50,000 Whitney 53,200 Jim dells 9C I I U rtt 99,200 wells tar 10,000 Alice G 380,200 Seguin 333,000 Hest Ilnivereity Place 143,200 Hockley Orange Grove 36,400 Anton $ 50,000 He is Hee.Aisoit Lavelland 104,200 Johnson Abernathy $ 860000 Ilarshall $ 496 000 Cleburne Hale Center 2661400 Hood Burleson 6 536,200 333,000 Petersburg 46,600 heskall Cranbury $ 67,200 Grandview 36,6()0 Plainview 181,000 Haskell $ 33,400 Joshua 76,600 Rule 13,400 Hopkins Keene 56,600 Hall Stamford 449,800 Sulphur Springs $ 216,400 Memphis $ 86,600 Jones furksy 10,000 Hays Houston Anson Buda $ 141800 Crockett $ 2 9,800 Abilene 1,162,400 Hamilton Kyle 31,400 Hamilton $ 50,000 San Marcos 261,000 1lovard Hamlin 31,4eV! Big Spring $ 549,400 Karnes Hanoford Hemphill Forgo" 19,800 Palle city f 33,400 Gruver $ 46,600 CanRdian $ 66,200 Karnes City 506000 Spearman 930200 Hudspeth Kened Y 130,000 Henderson Dell City $ 31200 Hardeman Athens $ 160,000 Kaufman Q081lah $ 106,600 Brownsboro 2(,600 Hunt Crandall s 16,600 Chandler 73,200 Caiuate g 20,000 Porney 43,000 Its rd in Gun Sarral City 293,000 Commerce 149,800 Kemp $1,600 Koantza $ 49,600 Malakoff 49,600 Greenville 629,400 Terrell 218,200 Silsbee 166,600 Hutchison 17,400 Neat Tawakoni 66,600 Seven Points k06,600 Wolfe City 83,200 Kendall Boerne $ 86,600 _5_ -6- 1 Biennial Biennial Allocatton Allocation Biennial Allocation Al loco til~0l, Karr Lipscomb tngrar Mo4ennan (Cmntlnued) $ 16,600 Booker $ 32,600 Mosel 16,600 Navarro Nr Anus S 16,600 lletcett 19,200 Waco 11378,600 Bt0044int Grove 86 Ktomb Is Fo !unction Follett 20,000 West 64 400 ,600 d 83,200 HS ins Coralr.ana 529 400 HH 1,200 Wuodway 226,400 ' Kinney Live Oak Newton Brackettvtli• Medina Newton $ 400000 Ceorge West $ 32,400 Castrovllle 9 50,000 6 81100 Oevlne Kleherg Llano Hondo 160000 Nolan Kingsville $ 333,000 Llano $ 60,800 ' Roscoe $ 25,400 Sunrise Beach Miss* 59,600 Menard Nueass Knox Ooree $ 61600 Lubbock tie na rd $ 43,200 lahoDulce $ 30,000 CKnox City $ 43,200 Midland bishop 43,200 Aunday 28,400 Lake o Ransom Canyon 30,000 Midland $1,2650400 PortuAraneastl 3,366,600 Lubbock 2,281,800 Robstown Lamar New Deal 51000 Milar 22312M Parts $ 496,200 Slaton 90,000 kookct,le $ 1000000 Oldham Lamb Lynn 7horndala 33,000 Vega S 13,100 A+aherst $ 23,400 O'Donnell Mille Earth 36,600 $ 16,600 Orange Littlefield 156,600 7ahoka 59,600 Goldthwaite $ 460200 Bridge City $ 128,200 Olton orange 53,200 Marion Mitchell Pinehe urat 411,000 Lanpaaas Jefferson $ 530200 Loraine $ 6,600 Vldor 198,400 Lampasas $ 221,600 Mason Montague West Orange 100,000 LaUlle Mason $ 80,000 Bowie $ 205,000 Palo Pinto Nocona 73,200 Mineral Wells Cotulla $ 38,400 Martin Saint Jo 15,000 11,032,400 Lavaca Stanton $ 46,600 Parker Montgomery Hallett4vi1le $ 769600 Matagorda Conroe Alecto 8,100 $ 466'200 S rln town S 40,000 Moulton 33,000 Ea City $ 299,8J0 138,800 Ireatherford 316,400 ~n Palactee 100,000 Montgomery 66,600 Willow ?ark luffala Panorama 410600 Azle 192,200 $ 15,400 Maverick Shenandoah 26,600 112,200 Normangee 16,600 Eagle Pass $ 186,400 Pariaer Moore Liberty McCulloch 600444 Rovina $ 399,600 b 46,600 Cleveland $ 115,800 Brody $ 89,200 Farwell 564200 Dayton 50,000 Morris riona 53,200 Liberty 215,000 McLennan DaingerfleLd $ 80,000 Pecos Seltmead $ 112,400 Lono Star 18,400 Limestone Beverly Hills 13,400 Naples 53,201) Fort Stockton s 333,000 Craeabeck $ 100,000 Brucovilte-Eddy 100,000 Omaha 56,600 Polk Mexia 253,000 Hewitt 100 000 Corrigan Lacy Lakeltew 33 400 Nacogdaches S 16,600 Onalaska Hart 166,600 Chireno 5 3i300 76,600 McGregor 102,600 Nacogdoches 356,400 -7- -8- ' Iteaatsl 8f0nntal uteuutal stenntal Allocution klloco tton A11_ at to,, Alloe44lon Potter San Petrtolo Tarrant Upshur t AmarIIlo $2,397,600 OrsYory s 109,200 Arlington $2,4970600 Ilg Setkdy $ 401000 Ralne Iq lasid0 133,200 SedfOrd 749,200 East vountain $0,000 Hathls 2290800 Seabrook 1831000 altwsr Al, 600 Alba $ 41,600 04014 50,000 Ilue Hound 26,600 Ore City 401000 Embry 46,600 Slnton 96 600 Collsyv 010 249,600 point 71200 Taft $3,200 Crowley 113,200 Upton oalworthingeon Oardsns 34,000 He CAmey $ 71,000 Randall San Saba edgeoliff 46,600 Canyon $ 149,800 San Saba $ 66,600 elilsss 366,400 Uvalde KaPPy 26,600 Osman 66,600 Uvalde $ 209,800 Schlstahor Forest Hill 171,200 ROagon Eldorado $ 63,200 Port Worth ,6,2501400 vsl vorde h4varly lulls $ 33,200 OrOPOV04 277,800 a1 Ito $ 316,400., Ilg Lake 1431240 Scurry Halt** City 4794400 Sayder $ 283,000 Hurst 386,200 Vaa UmAt . r~ gsavs0 Keller 263,000 Canton $ 901000 Salmorhaa $ 26,600 Shackelford Kanne44le 60,000 Edge0004 $1,200 Paooe 2106000 Albany $ 836200 Lakeside 6,600 arand Saline 113,20,1 Ref to Horan 23,400 Lake Worth 1000000 van 11,200 ut Pantego 41,600 Wills Point 66,2-)0 Refu to Nood~boro s 73,200 Shelby Richland Hills 139,800 73,200 Center $ 66,600 River Oaks 180,200 Victoria Saginaw 96 600 Victoria Robertson Sherman Santos Park 66,600 v 899,200 Iree,ond $ 26,600 Stratford $ .66,600 Watauga 1860400 Walker Calvert 35,000 White Settlement 165,400 New Waverly S 13 ,200 Hearne 70,000 Smith Riverside 10,000 Tyler $1,049,000, Taylor Rockwall Tye $ 19,800 Waller Rockwall 104,800 Somervell Hempstead s 133,200 Royce City 40,000 Olen Rote $ 41,600 Terry Runnelle 8rownflald $ 196,400 Ward Ballinger $ 130,000 $C?ROma Titus Honahane $ !60,000 $ 23,400 Hount Pleasant $ 213,200 Washington Rusk Stephens Irenham S 231,40 \ Henderson $ 166,600 Brackenridge $ 166 400 Ton Crean J Ovation $6,200 San Angelo $1,531,800 Webb Sabine Stonewall Laredo $ 618,400 Aspsrmont $ 10,000 Travls Plneland $ 36,600 Austin $4,329,000 Wharton Sutton Lakeway 76,600 RI Campo Sea Augustine Sonora Manor $ 126,600 San Augustine S 118,800 19,00 Wharton 150,000 $ 66,600 Pftugervllle 46,6600 Swisher Rollingwood 19,800 Wheeler San daclnto Kresa $ 13,200 Sunset Valley 14,200 wheeler $ 43,200 Shepherd $ 6,600 Tulla t39,800 Ilest Lake Hills 83,200 Trinity aroveton $ 3,200 -9- 10- 5 biennial ! Allocattoq 11tchI td nur%burnett $ 266,400 clactra 12312UO toua Park 133,200 Wichitti Falls 1,421,800 1411barge r Vernon g 239,800 1lilIacy ^,yaondville $ 166,600 Williamson Caorbetova 9 216,400 Florence ?61600 Oranber 33,000 Hutto 16,400 Leander 53,200 Round Rook 349,600 Taylor 216,400 Wilson Floruville S 1061500 Lavernia 15,400 Poth 40,000 8tockdsle 13,400 Winkler Kermit $ 133,200 Wise Decatur $ 900000 Khome 13,200 Wood Hineola $ 1506000 l Winnsboro 31,600 J Yo,rkum a Denver City $ 116,600 Young Graham S 1120000 Olney 63,000 -11- LEGISLATIVE TML REPORT February 18, 1983 Volume 29, No. 3 1. Pothole Bill Gains Momentum r r q 2 a 1 S,3 The 600+ city officials attending TML's February 14 Legislative Seminar in Austin provided a boost to the League's highest 483 priority--passage of the "Pothole Bill." Seminar participants visited with their local legislators at the Capitol and succeeded in developing broad support for the legislation, which would create a state-funded program to help fix deterioriating city streets and bridges. With the introduction of S.B, 287 by Senator John Traeger (D_ Seguin) and H.B. 632 by Representative David Cain (D-Dallas), TML now has companion bills in both the Senate and the House, ("Companion bills" are simply identical measures which can be moved simultaneously through both houses of the Legislature.) Under S.B. 287/H.B. 632, the "Pothole Bill," $500 million/year in additional spending would be provided to the Texas Highway Tnp~r Department for repairs and improvements to the state highway sys- tem. The measure also would appropriate $100 million/year for city street repairs, with funding distributed on a pro rata basis ~according to the number of paved street miles in each city. (See February 4 "TML Legislative Report" for full details.) Enclosed with this newsletter is a tally sheet which shows the level of legislator support for S.B. 287/H.B. 632 to date, If no position is shown for your Senator or Representative, it is be- cause he or she has not yet been contacted about the pothole c•i~ Bill. If this is the case, please contact your legislators im- mediately, stress the importance of the Pothole Bill, and then use the at- tachod questionnaire form to report your findings to the TML office. 2. Utilities Mount "Anti-reform" Campaign The electric utility industry has launched intensive 'grass-roots' efforts to undermine proposals by TML and other organizations to reform the state utility regulatory law. (See related news article, attached.) The companies' goal is to do everything possible to block the Legislature from making much-needed changes in the Public Utility Regulatory Act. The companies have contacted tens of thousands of their stockholders and em- ployees, as well as numerous city councils and chambers of commerce, telling them to urge their senators and representatives to vote against legislative 'quick fixes' that would threaten the financial solvency of the utility industry. Additionally, some utility lobbyists have warned municipal offi- cials that utility reform proposals backed by TML are 'irresponsible,' and 04 should be opposed by the cities. These maneuvers are consistent with divide- and-conquer techniques the companies unsuccessfully used during previous legislative sessions in their attempts to weaken the regulatory process by revoking the cities' original jurisdiction over electric rates. In reality, the TML reform package is anything but 'irresponsible.' Among other things, it would require thorough scrutiny of fuel pass-throughs by the PUCI place realistic limitations on allowances for construction-work-in- progress; create an independent Office of Public Counsel to serve as wstehd ag over the PVC; and strengthen the hand of We cities in the regulatory process. Of all of the many utility-reform proposals currently pending in the Legisla- ture, the TML plan is among the most moderate. Therefore, it is unclear as tr; what the companies hope to gain by criticizing the Ltague's plan, since the alternatives would be much worse, from their perspective. Any city council considering taking the companies' Fide in this controversy should be advised that some utility lobbyists have let it be known that they will push legislation to put city utilities under the jurisdiction of the PUC. The purpose of this retaliatory gambit apparently would be to divert TML's attention away from the real issues, and require us to focus our efforts on keeping city utilities from being placed under the PUC. 3. Analyses of City-Related Bills Enclosed with this newsletter is a summary of city-velated bills introduced to date. Puture editions will cover related legislation in the weeks ahead. Utilities cultivate grassroots support to head off reform By Issewe Ulna repraseautiva' visits to local wile rate cages. The league's package AaaW roreu,of»w him tors. "We went out and got 'em," also calls for a consumer advocate AUSTIN With ebrnte dowpo. Cory sold at the PUC, but not for election of rl1 • "sWer slge it the sate Capl- Sen. Out Caperton, DBryan, the commWioners as Oov. Mark cal, their represeaatives are seek. Tpalsor of a wfd~rsaginq utility. White and other tegtslatom pro- ing grassroots support from civic reform bd, said Mauston Lighting Pte, groups, "00.1thoWers and owtorul 6 Power Co. has sought support "Our city officials Indicate they baarato hold off utilltyreform. from officiab In M least two roan. in getting a tot of lobbying;" But. It wait at a Tuesday meeting of ties to his district. OfficiAls In one ler sal(. one CIVIC group, the Downtown Ro. city, Sealy, were persuaded to p= 4 pick Brown, the league lobbytst, tary Club In Austin, that Ceorge resolution in oppositlnm to "quick. sand utlLty representatives want Cowdanasmouncedhis resignation. fix" reforms, thaleague tohelpdetealproposals and the resignation of Tommie other legislators say their of. toetectthePUC. CAN Smith from the embattled 3 fives have received letters from But Brown said the league his member Public Utility Commis. utility company employees and turned the utility represen(atives' Mon. The Rotarians wove smppor• stockholders. offers. Although city officials have five. And so am other local bust. "The comps mlee an mounting a taken no public stand on PVC elea mate groups that malve the pro. very agresslve c.mpaigm, lobb)log bons, they refuse to quietly Oppose utility and PMPUC pitch, company the chambers of Commerce, civic the proposal to order to gain con. spokesmen say. Clubs, you name It," said Austin At. cesefoos from the utUlty lobby. in "Chamber of Commerce." torney Don Butler, a frequent on]. fact, League President Lutber people ought to rwillaiu that Ity critic, "They're calling in all of Jones, we've got to have more stability for lbW chin - and those are sub. Supporters of PUC elections pri. our utilities to really bring more stantial given their stature in local Maly sway the reform messure her [ad" Into this state," said T. Communities," of passing the Leglils Innis Austin. board chairman of Butler, who represents the little taking 1>.llasbaeed Texas Utilities Co. Texas MunlClpel League on utility lure, Chance re, but the es and is g utility euwg lobby is is up to tak4d '"Chat is what we've saying, and matters. said the firms are engag we're getting a pretty good re- Ing to "a divide-and<omquer" stmt. It spooft.. egy designed to persuade city offl, Dick Cary, Austin lobbyist for vials out to support the municipak three Texas elearia companies league's reform package, owned by Central and Soutbw"t The league proposes to abolish Dallas :forming News Corp., says "3S to 10" recent news, all automaua charges, P"Cululy 2/17/83 paper edltoNala have supported for fuel, on ratepayers' bills. Such utilitles. Many of the editorlab, an action would require utlflues to Cory said, were The result of utility luswy such costs In their regular % Y 1 , r,~ i r' a .~.,}t ~1 f 1u11 r , ~ 1•. r ' y~~,ril i 7 ~ i AID; Pothole Blll Tally Sheet • S.B. 287 By Sent John Traeger; Ii,B, 6;32 By Rep, David Cain STATE SENATE HOUSE OF REPRESENTATIVES oil, Poelllon on 6,8, 287 + . , _ Position on Hr3, 1532 For Agolnal Unknown Remark) For Agalnl►1 Unknown o-luveulrla Y 1 Roy Blake (NaCogdochesY' : ❑ ❑ .5 1. Fred Agnlch (Dallas) • ❑ [1 ❑ 2; Chet Brookb {Pasadena) CI ❑ P. Kennolh Armbrisler (Victoria) ❑ ❑ ❑ uYPFr•'•rJr on I Buster Brown (Lake Jackson) - ❑ ❑ ❑ 3' Gordon Ainotd, Jr, (Te(rell) Q) ❑ ❑ 4 Kent Caperton (Bryan) 12 ❑ ❑ 4. Gonzalo Barrientos (Austin) 'H ❑ ❑ ❑ i 5 Lloyd Doggett (Austin) ❑ 11 171 r ,i: 5 Bob Barton. Jill (SAM Marcos); f ❑ C] Q 6. Chet Edwards (Duncanville) ❑ ❑ 6, Erwin W. Barters (Pasadona) ❑ ❑ ❑ 7 Ray Faraboo {Wichita Falls} , ❑ ❑ ❑ Ah aOr 1w 7. Hugo Barfanga (Corpus olidsli) D Q 144Fnvvr ow t 6 Bob Glasgow (Stephenville) im ❑ ❑ 8. Bill Blanton (Farmers Branch) ❑ ❑ ❑ OeVap 4r r or t `9 Ike Harris (Dallas) ~7 ❑ ❑ 0 Elton Bomer (Monlalba) D ❑ ❑ 06PEr•wr oN 10. Don Henderson (Houston) , ❑ ❑ ❑ 10. J.W. Buchanan (Dumas) ® ❑ ❑ , , t 11 Ed Howard (Texarkana) ❑ ❑ ❑ U1160444 „I 114 Dick Burnell (Son Angelo) ❑ ❑ ❑ 'r)_ 12. Gran) Jones (Abilene) ® ` ❑ Q Drrr~wr 12.' Bob Bush (Sharman) D ❑ ❑ 13 Glenn Kothmann (San Antonlpi ❑ ® ❑ - 13. David Cain (Dallas) t ® ❑ ❑ ,'14 John Leedom (Dallas) ❑ ❑ ❑ ❑ E) t/. Steven Carrikor (Rob D [I U ❑ y) r 16 Tod Lyon (Mosqulte) 1., 1 r' + 15. Reby Cary (For) Worth) ' ❑ ❑ ~ Q 10. Oscar Mauzy (Dallas) ❑ ❑ ❑ ) 16. Eddie Cavazos (Corpus c.hris(il ® C} Der6ntior 9w 1 17 Bob McFarland (Arlington) P ❑ ❑ ❑ 17. Bill Ceverha (Richardson) • ❑ ❑ ❑ 18 + John T. Monlford (Lubbock) ❑ ❑ ❑ 18 Jerry Clark (Bursa) ® ❑ ❑ v 19 Carl Parker {Port Arthur} ❑ ❑ [1 Dc`IFnOf QI 19 Billy Clemons (PolloRl 11 ❑ Dora 1f On 20 Hugh Parmar (Fort Worth) ❑ D ❑ % 20, Paul Colbert (Houston) D D ❑ 21 Tali Santiesteban (El Paso) ® ❑ ❑ 21 Frank Coilazo, Jr (Pork Anhur) • ❑ ❑ ❑ 22. Bill Sarpalius (Hereford} ® ❑ ❑ 22. Barry Connelly (Houston) ❑ ❑ ❑ 23 John Sharp (Victoria) ® ❑ ❑ bellews'F • H 23. Bill Cood va Y (Weatherford) ® ❑ ❑ 941M•Mr 006 ..1 Bill Sims (San Angolo) ❑ 11 ❑ ltVc•t 24. Tom Craddick (Midland) ❑ ❑ ❑ 25 John Traeger (Seguin) ® ❑ ❑ 25 Lloyd Criss (Texas City) ❑ ❑ ❑ 26 Carlos Truan (Corpus Christi) ® ❑ Q Dire-Air o. Ill, 26 Jim Crockett (Pearsall) ❑ ❑ 27 Heclor Uribe (Brownsville) ® D ❑ 27. Debra Danbuig (Houston) ❑ ❑ ❑ 28 Bob Vale (Son Antonio) ❑ ❑ ❑ 28. Mark R Davis {Freeport} ❑ ❑ ❑ 29 Craig Washington (Houston) ❑ ❑ ❑ 29 Tom DoLay (Stafford) ❑ ❑ 30 John Whitmore (Houston) ❑ ❑ D 30. Withelmina Delco (Auslin) ❑ D ❑ ± /k 31 Lindon Williams (Houston) ❑ ❑ ❑ 31. Belly Denton (Waco) ❑ ❑ 32 Robert A Eckels (Houston) ❑ ❑ ❑ 33 At Edwards (Houston) ❑ ❑ ❑ 34 Frank Eikenburg (Plano) D U ❑ 35 Ed Emmell (Kingwood) ❑ ❑ ❑ 36 Roy English (Mansfield) D ❑ ❑ i. - 37 Charles Evans (Hurst) ❑ ❑ ❑ vaosc%.rel ~EQG't1 &S, vq a Maiii.,S (e 6; ki I r►t~r^ W,l ( VO to 38 Larry Evans (Houston) D ❑ ❑ 39 Charles Finnolf (}Holliday) ® ❑ ❑ „ L n ) 40 Milton Fox (Houston) ❑ ❑ ❑ ;if U 1 4 o~m(~ l).l! i ~ , k ix.Ce &4A'~ r, S it o 41 Joe Gomez (San Antonio) U 0 ❑ 42 Charles Gandy (Mosquilo) ❑ D ❑ Qr?y 43 Tony Garcia (Pharr)l ❑ ❑ D 44 Mall Garcia (San Antonio) ❑ ❑ ❑ 45 John Gavin (Wichita Falls) ❑ D ❑ 46 Gorald Goistweidt (Mason) ❑ ❑ PosHlon on H.O. 632 Position on H.S. 4TS" For Agalmit Unknown Remarks For Against Unknown Romtorks i ® n Jesse Dean Oliver (Dallas) ❑ p 1:3 48 Jay Qibson (Odessa) ❑ 49 Smdh Gilley (Greenville) 100 Jim Parker (Comanche) ❑ 60 Ernestine Glo ❑ 101 Koo T, Patrick (San Antonio ssbrnne D I 13 e r (Alice) 91 U D 102. David PalroneRa (Houston) ❑ ❑ ❑ 51 AI Granoff (Dnllas) ❑ ❑ C] 103. Pale Pallorson (Brookston) p p ❑ 62 Gone Green (Houston) ❑ ❑ ❑ 104 Randy Ponninglon {Houslon) ❑ ❑ ❑ 53 Noel Grisham {Round Rock) ® ❑ 105, Wayne Pavelo {Orange) p ❑ 64 Clint Hackney (Houston) ® Q n 106 George Pierce (San Antonio) ❑ ❑ ❑ 55. Bill Hatay (Century ❑ 107 Mary Polk (El Paso) 56 Lanny Hall (Fort Worth) . ~ ❑ ❑ L ❑ ❑ ❑ 108. Tony Polun)bo (Houston) i , ❑ ❑ ~ ❑ ' ~ , 51 Trp Hall (Pondorl ❑ ❑ ❑ i 109 Bill Presnal (Bryan) 58 W N (Billy) Hall, Jr. (Laredo) ❑ ❑ . © 110. At Price (Beaumont) " D ❑ ❑ 59 Bill Hammond (Dallas) ❑ ❑ ❑ I I I Paul Ragsdale (Dallas) - 60- Joe Hanna (Rrock onrldge) p ❑ ❑ 112. Irma Rangel (Kingsville) 01. Dudley Harrison (Sanderson) ® ❑ ❑ 113. Phyllis Robinson Oonzala9 62. Rill Harrison, Jr (Corpus Christi) ® ❑ ❑ ( ) _ ` D ❑ i ❑ lL.~a~:.ai~ ;(114. Buzz Robnetl(Lubbock 63 Talmadge Hollin (Houston) ❑ ) t.` D ❑ ❑ r' r ; n ❑ i 115 Jan Rudd (Brownfield) ❑ 1 I - 64 Joe Hernandez (San Antonio) ❑ ❑ ❑ 118. Sant Russell (Mount Pleasantl , ❑ " L] ❑ 65. Allen Hightower. Jr. (Huntsville) ' ❑ ❑ "-'117 Troy Salinas (Lubbock) ® ❑ 66 Paul J Hilbert (Spring) ❑ ❑ ❑ 118. Robert Saunders (I.a Grange) ' ❑ ❑ ` 67 Anita (Hill (Garland) ❑ ❑ ❑ 119 Stan Schlueter (Kit oon) ® 0 tlndti.Ase 68 Gerald Hill (Austin) ❑ D ❑ 120, Alan Schoolcraft (Universal City) " ❑ ❑ D fig Patricia Hill (Dallas) ❑ ❑ ❑ 121 Larry Don Shaw (Big Spring) ❑ ❑ ❑ 10 Juan Hinoiosa (McAllen) ❑ ❑ ❑ 122 Gwyn Clarkston Shea (Irving) ❑ ❑ D 71 Bill Hollowell (Grand Saline) ❑ ❑ ❑ 123 Alex Short, Jr (Texarkana) ' ❑ 72 Jim Horn ILowisville) ❑ ❑ 4tH..„~ D 124 Bob Simpson (Amarillo) ❑ 73, David Hudson (Tyler) 11 - ❑ ❑ ❑ 125 Ashley Smith (Houston) ❑ D 74 Sam Hudson (Dallas) ❑ ❑ ❑ 126 Carlyle Smith (Grand Prairie) ❑ ❑ 75 James Hury (Goivostdn) k ❑ ❑ ❑ )27. Torral Smith (Austin) ❑ ❑ 7716. Lee Arveees E. Jackson Jones s (H Paso) (Dallas) ❑ ❑ ❑ 128 Chip Slaniswalis (Amarillo) ❑ El ❑ aso) ® ❑ El 129 Mark Stiles (Beaumont) ® L7 ❑ 78 Ray Koller (Duncanville) ® ❑ 130 Lou Nelle Sutton iSan Anionic) ® ❑ [J 79. Hill Kemp (Monvol) ❑ ❑ ❑ 131, Frank Toledo (San Antonio) ❑ ❑ ❑ 80 Rollin Khoury (Waco) ❑ ❑ 132 Gary Thompson (Abilene) ❑ ❑ ❑ 81, 18 Kubiak (Rockdale) ® ❑ ❑ 133 Sonlronia Thompson (Houston) ❑ ❑ 82 Edmund Kuompel (Seguin) ® ❑ 83 Pole L E) 134 Mike Toomey (Houston) ❑ ❑ D { Laney (Hale Center) ❑ ❑ ❑ CGFisir 135 Rodney Tow (Conroe) ❑ ❑ 84 Don Leo (Harlingen) 19 ❑ ❑ 136 Jim Turner (Crockett) O U ❑ 65 El Franco Lee (Houston) ❑ ❑ ❑ 137 Torn Uher (Ba)- City) ❑ 86 Bob Leonard. Jr (Fort Worth) ❑ ❑ ❑ 138 Bob Vanos {EH pasol ® ❑ ❑ 87 At Luna (Houston) ❑ ❑ ❑ 139 Jack Vowelt (El Paso) QjJ ❑ 88 Frank Martin (San Antonio) ❑ ❑ ❑ 140 Tom Waldrop (Corsicana) D 89 Jimmy Mankins (Kilgore) ® ❑ ❑ 141 Ralph Wallace (Houston) ❑ D 90 Roman Martinez (Houston) ❑ ❑ ❑ 142 Ed Watson (Door Park) ❑ ❑ 91 . Waller Martinez (San Antonio) ❑ ❑ ❑ 143 Foslor Whaley {Pampa) ❑ ❑ 92 Jan McKenna (Arlington) ❑ ❑ El 144 Loroy J Wielmg (Portland) El C) V Gre"o r en k 93 Jim McWilliams (Hallsville) Q Q 145 Doyle Will's !Fort Worth) ❑ ~ E) 94 Bill Messer (Bolton) 146 Ron Wilson (Houston) D ❑ 95 Mike Millsap (Fort Wortli) ❑ ❑ ❑ 147 SICVO Wotons (Dallas) ❑ D D 96 Alex Moreno, Jr tEdinburg) ❑ ❑ 148 Chuck Word. Jr (Meridian) ❑ D 97 Paul Moreno (Et Paso) ❑ ❑ ❑ 149 Brad Wright (Houslon) ❑ D 11 98 Rene Oliveira (Brownsville) ❑ ❑ ❑ D Texas Senate ` Summary of City Related Bills Introduced* S.B. 1 Strengthen D.W.I Penalties. Amends portions of the penal Code and other laws re .at ng to the offense of driving while intoxicated tot (1) pro- vide for an automatic minimum 90-day suspension of the drivers license of a first offendeL and longer suspensions for repeat offenders; (2) broaden the penalties--including jail time and fines--for D.W.I. offenders; and (3) pro- vide for admission into evidence the fact that a person accused of D.W.I. refused to take a breath test, and make such refusal the basis for mandatory license revocation. (Senator Bill Sarpalius; Hereford) Committee on State Affairs. SOB. 2 0 en Containers in Vehicles. Amends Article 6701d, V.T.C.S., the Uniform gu at ng Traffic on ghways, to make it a Class C misdemeanor offense for the driver of a motor vehicle to have or ,allow an open alcoholic beverage container in the passenger portion of such vehicle. (Senator Bill Sarpalius; Hereford) Committee en State Affairs. S.B. 3 Local Alcohol Detoxicatton Canters. Authorizes the Texas Commission on Alcholism to contract with cities, private hospitals and other entities to establish a statewide network of community-based treatment and rehabilitation centers for alcoholics. To finance such centers, would increase the rate of state fees levied on alcoholic beverages, breweries, distilleries, and related business; and authorize cities to levy a fee in an amount not to exceed 50Y. of the state fee on each alcooholie beverage permit issued in the city. (Senator Sill Sarpalius; Hereford) Committee on State Affairs. S.B. 5 Public Utility Regulatory Reform. Amends Article 1446c, V.T.C.S., the Public Utility Regulatory Act, tot 1) replace the current appointive 3- member Public Utility Commission with a 6-member commission elected from single-member districts for six-year terms; (2) require any utility requesting a rate increase from the commission to notify each customer as to the effect the proposed increase would have on the various customer classes; (3) prohibit automatic fuel pass-throughs; (4) extend, from 90 to 150 days, the time by which the regulatory authority must act before the utility may put new rates into effect under bond; (5) establish a public advocacy office under the Attorney General to represent the interests of consumers in proceedings before the commission; (5) require the commission to set utility rates for unin- corporated areas that are consistent with those in effect in the nearest city served by the same utility; (6) require the commission to set rates that will yield a fair return on the original cost, (rather than adjusted value) of the utility's invested capital; (7) permit allowances for construction work in progress only where the utility can show that its inclusion is necessary to maintain the solvency of the utility; (8) prohibit the inclusion of lobbying expenditures and certain other items in expenses that can be recouped by a utility in its customer charges; and (9) require that whenever a utility appeals a rata decision of the city to the commission, such appeal must be based on tha same test year used in the rate application originally presented to the city. (Senator Lloyd Doggett; Austin) Committee on State Affairs. *Summaries include the bill number; a description of the bill; the author; and the committea to which the bill was referred. S-1 Q S. B• 010 elected P.U.C. Amends Article 1446c, V.T.C.S•, the Public Utility Regulatory 44t, to replace the current apppintive 3-member public Utility Commission with a 9-member commission elected from single-member districts for 6-year terms. (Senator Oscar Mauzyj Grand Prairie) Committee on State Affairs. S.B. 12 Mass Transit S stemsr Certain Cities. New law, authorizing the governing body of any c ty over 50$000 population, and which has a sass transportation system, to establish a mass transit department] for the city council to serve as the board for the department; and, upon approval at a local-option election, to provide for the city-wide levy of a sales tax of up to 1X, to finance the mass transportation operations of the department. (Senator Hector Uribej Brownsville) Committee on Intergovernmental Relations, S.H. 15 Drunk-in-a-Car: Municipal Court Jurisdiction. Amends Article 42.08, relating to public intoxication (including drunk in a car), tot (2) make the second offense, and any subsequent offense a Class B misdemeanor, thus tr ams- ferring jurisdiction from the municipal court to the county; and (2) provide, with respect to repeat offenders, that fines assessed against such offenders shall be divided 50/50 between the city and the county. (Senator Buster Brown; Lake Jackson) Committee on State Affairs. S.B. 20 Parole Laws: Notice to Jurors. Amends the Code of Criminal Procedure to require the judge in a criminal case, prior to assessment of punishment by the ,jury, to advise the jury as to the effect of the state's parole lays on the convicted person, and the time within which the person could be rolea;.a+ for good conduct. (Senator Buster Brown; Lake Jackson) Committee on Jurisprudence. S.B. 32 Exempt Commercial Utilities from City Sales Tax. Amends Article 1066c, V.T.C,S., the Local Sales & Use Tax Act, to prov de for the local- option exemption of utility sales for commercial use from the 1¢ city sales tax. Requires any city council desiring to continue such tax in effect to affirmatively vote to do so; provides that utility sales for residential use may not be exempted unless the city also exempts commercial utilities, (Senator Bob Glasgow; Stephenville) Committee on Finance. S.B. 39 Extend Urban Parks Funding Program. Amends Chapter 24, Parks and Wildlife Code, to permanently extend the existence of the Local Parks & ;:pen Space Fund (which is scheduled to expire August 31, 1983); to expand the program to make all localities eligible for funding, rather than limiting eli- gibility just to SMSAs; and to increase the amount of funding available for the program by doubling the amount of state cigarette tax revenues earmarked for the program. (Senator Oscar fauzy; Grand Prairie) Committee on Nat•aral Resources. S.B. 47 Extend Urban Parks Funding Program. Amends Chapter 24, Parks and Wildlife Code, to permanently extend the existence of the Local Parks and ::!pen Space Fund beyond August 3L, 1983, (Senator Don Henderson; Houston) Committee on Natural Resources. S.S. 61 Minority Business Enterprises: City Contracts, Amends Article 6252-16, V.T.C.S., to authorize any city--home rule charter provisions or S-2 Q state laws to the contrary notwithstanding--to adopt programs to increase par- ticipation by minority business enterprises in municipal contracts, where necessary to comply with federal requirements for grant funds. (Senator O* car Mauayj Grand Prairie) Committee on Intergovernmental Relations. 5.B. 78 Statewide Detoxication Systems New law, the "Alcohol Services and Divergence Act o' to establish a system of regional alcohol treacupent osnters supervised by the Texas Commission on Alcoholism. Provides that, upon apprehension of a drunk, a policeman or other peace officer would have the options off either transporting the person to an approved treatment centaa or taking him or her to ,fail, Under option (2) the officer would have the addi- tional duty of calling the nearest center, which would come pick up such persons and transport them to the center for treatment. Additionally, estab- lishes procedures under which family members could obtain a court order re- quiring the involuntary commitment of intoxicated kin to a treatment facilfty. Upon commitment, whether by tits police, court order or other, a drunkard ztnuld be involuntarily detained for up to three days. (Senator Chet 8ro.oks; Pasadena) Commlt,;ee on Human Resources. S.S. 80 Fire Personnels State Certification. Amends Article 441305), V.T.C.S., the Commission on Fire Protection Personnel Standards & Education Act, to clarify the commission's authority to require fire prevention pgrs',•aR- nel, fire suppression personnel, and arson investigators to be trained and certified. (Senator Chet Brooks; Pasadena) Committee on lntergovernme:rtal Relations. 5.8. 8$ Stren then D.W.Y. Penalties. Similar to S.8. 1. (Senator John S7ttrp; Victoria Committee on State Affairs. S,B. 117 State Administration of Federal Block Grants. New law relattr4 to state administration of categorical federal aid programs that have been com- bined into block grants, to require every state agency responsible for aaimin- istering a block grant program tot (1) conduct public hearings and f,...low other specified procedures for receiving public input to the proposed plan for administering such program; (2) conduct public hearings on the intended aces of block grant funds; (3) establish a system for processng complaints by sons affected by such programs; and (4) establish a system of appeals by per- sons or entities aggrieved because of the denial or termination of bene.eits. (Senator Lloyd Doggett; Austin) Committee on State Affairs. S.S. 120 Residency -Requirements for Certain City Officials. Amends Art°.cle 1.05, Election Code, and Article 987, V.T,C,S,, to waive the one-year ctsi- dency requirement for certain newly-annexed persons desiring to run for mayor. (Senator Kent Caperton; Bryan) Committee on State Affairs. S.B. 138 Crime Victims Compensation Funds Municipal Court Surcharges, Amoenda Article 8309-1, V.T.C,S., the Crime Vtetims Compensation Act, to require e-very person convicted in municipal court of an of;!ense, including moving tr:Atfic violations, to pay a $2 surcharge in addition to any fine or court costs, such surcharge to be deposited in the Crime Victims Compensation Fund. Al so doubles--from 5t to 10/.--the amount of ouch surcharges that the city may retain as a collection fee. (Senator Lloyd Doggett; Austin) Committee on Jurisprudence. S-3 House of Representatives Summary of City-Related Ksasurea Pending H.B. 4 Limit Number of Local Elections Amends Article 2401b, Texas Election Code, ra a ng to the requirement at municipal and other local elections be conducted on one of four specified days, to eliminate the exemptions for bond elections, wet-dry elections, school maintenance tax elections and water district elections. (Rep. Gerald Hill; Austin) Committee on E',aetions. H►B, 5 Strengthen D.W.I. Penalties Similar to S.B. 14 (Rep, Brad Wright; W. Univero ty Place) Committee on C iminal Jurisprudence, H.B. 6 Extend Urban Parks Fundin Program, Same as S.B. 325. (Rep. Jim Turner; Crockett ommittes on Ways and sans, H.B. 12 Strengthen D.W,I, Penalties Same as S,B. 88. (Rep, Terral Smith; Austin) Committee on Criminal Jurisprudence, H4B. 15 Police-Fire Civil Services Temporary Em to ee$ Amenda Sections 28(a) and 28(b), Article 26 m, V.T,C,S., the Policemen's & Firemen's Civil Service Act, relating to emergency appointments, to require permanent employment sta- tus for temporary personnel after 5 years of service, (Rep, Carlyle Smith; Grand Prairie) Committee on Urban Affairs. 0 H4B, 22 Housing Authoritiest Tenant Representation Amends Article 1269k, V.T.r% S., the Housing Authorities Law, to require that the mayor appoint at le.%st one tenant to the Board of Commissioners of the housing authority. (R,tp. Sam Hudson; Dallas) Committee on Urban Affairs, H.B. 25 Fire-Police Civil Services Repeal _Age Standard Amends. Section 9, Article 1269m, V,T.C.S,, the Polieelaen's & Firemen's Civil Service Act, to repeal the prohibition against hiring a person over 35 years of age as a beginning fireman or police officer. (Rep. Stan Schlueter; Killeen) Committee on Urban Affairs. H.B. 35 City Prepayment of Delinqueist Tax Suit Costs Amends the Property Tax Code to prohibit cities and other taxing units from joining more than one delinquent tax claim in a single suit under certain circumstances, and to require the prepayment of court costs (or security for costs not ascertainable in advance) in delinquent tax suits. (Rep. Gene Green; Houston) Committee on Ways and Means. H.B, 38 Raise Drinking Age Amends the Alcoholic Beverage Code to raise the permissible drinking age from 19 to 21. (Rep. Gene Green; Houston) Committee on Liquor Regulation. H.B. 48 Open Containers in Vehicles Similar to S.B. 2, (Rep. Brad Wright; W. University Place) Committee on Liquor Regulation. *Summaries include (1) the bill number; (2) a description of the bill; (3) the author; and (4) the committee to which the bill was referred. H-1 J 0 11.81 59 Utility Ref rms Ra es Under Bond Amends Article 1446ct V.T.C.S., the Public Utility gu atory Acts to repea Subseotion 43(4), authorizing a util- ity company to put new rates temporarily into effect under bond. (Rope Rebp Caryl Fort Worth) Committee on State Affairs. H.$. 61 Cit Anti-Discrimination Commissions New law, prohibiting discrimina- tion in employment, public accommodations* credit transactions or real prop- erty transactions; authorizes any city or county to establish a human relations oommissioa to enforce the provisions of the Act. (Rep. Roby Cary; Fort Worth) Committee on State Affairs. H.B. 62 Utility Reforms Enlarge PUC Amends Article 1446e, V.T.C.S., the Public Utility Regulatory Act, to expand the size of the Public Utility Commission from 3 to 9 members (all appointive) and to require, as a condition of eligibility, that each appointee be "an advocate of consumer interests.' (Rep. Roby Cary; Fort Worth) Committee on State Affairs. H.B. 69 Liability Coverage of D.W.I. Offenders Amends Article 6701h, VeT.C,Se, the Texas Motor Vehicle Safety-Responsibility Act, to require every convicted D.W.I. offen_:er to carry motor vehicle liability coverage of at least $100/300,000 (bodily injury) and $50,000 (property). (Rep. Brad Wright; We University Place) Committee on Insurance. H.B. 92 D.W.I. Offenderst Deny Probation Amends Article 42.12 and other por- tions of the Code of Criminal Procedure to prohibit probated sentences for D.W.I. offenders. (Rep. Brad Wright; We University Plctae) Committee on Criminal Jurisprudence. H.B. 97 Open Containers in Vehicles Same is S.B. 2. (Rep. Gary Thompson; Abilene) H.B. 135 Crime Victims Com ensation Fundt Municipal Court Surcharges Similar to S.B. 138. Rep. Lloyd Criss; La Marque Committee on Law Enforcement. H.B. 136 Deposit on Beverage Containers New law, requiring that every bottle, can and other beverage container offered for sale have a. refund value of not less than 5¢0 and require retailers to refund that amount for each such con- tainer returned. (Rep. Terral Smith; Austin) Committee on Liquor Regulation. H.B. 148 COG Membership and Financtn& Amends Article 1011m, V.T,C.S., relat- ing to regional planning commissions (CODs), to require the appointment of at least one state legislator to the governing body of each COG, and to tncreasa the authorized amount of state funding provided to each COG. (Rep. Dart/ Thompson; Abilene) Committee on County Affairs. H.B. 151 Extend Urban Parks Funding Program Similar to S.B. 39. (Rep, Lloyd Criss; Texas City) Committee on Ways and Means. H,B. 152 Appointment of Housing Authority Board Amends Article 12691:, V.T.C.S., the Housing Authorities Law, to provide for the appointment or re- moval of members of the Board of Commissioners by majority vote of the city council, rather than the mayor only. (Rep. Lloyd Criss; Texas City) Committee on Urban Affairs, H-2 H,B• 154 Parole Lawst Notice to Jurors Same as S.B. 20. (Rap. Terval Smithl Austin) H.B. 159 Exempt Commercial Utilities From Cit Sales Tax Similar to S,B. 32. (Rep. Stan Schlueter; Killeen) Committee on Ways and Re4nss H.B. 163 Certain Tax Discounts Amends Section 31.05, Property Tax Code, to authorize every taxing unit to grant a discount for early property tax pay- ments, whether or not such unit actually administers the collection of taxes, (Rep. Chip Staniswallls; Amarillo) Committee on Ways and Means, H.B. 168 Bin of Council-Initiated Bin o Elections Amends At-title 179d, V.T.C.S., the B ago Enabl ng Act, to authorize the city council or county com- missioner's court to initiate a local-option bingo election without the necessity for a petition requesting such election. (Rep, Doyle Willis; Fort Worth) Committee on County Affairs. H.B. 189 Financial Disclosure For Certain City Officials New law, to require councilmembers in cities over 650,000 population (Houston, Dallas and San Antonio) to file public statements disclosing their personal finances, using the reporting form promulgated pursuant to Article 6252-9b, V.T.C.S., the State Ethics & Financial Disclosure Act. (Rep, Frank TeJeda; San Antonio) Committee on State Affairs. H,B, 194 Financing Certain Utility Improvements New law, authorizing any city to contract with a residential property owner to relocate or replace a sewer service line; provide for the property owner to reimburse the city for the cost of such line over a period not to exceed 5 years; require that the cost of the line be assessed against the property on which it is located; and provide for the attachment of a lien against the property for the cost of the line. (Rep, Brad Wright; W, University Place) Committee on Urban Affairs, H.B. 203 Appraisal District Boards Expand Appointing Entities Amends Section 6.03(c), Property Tax Code, to provide for the appointment of the Central Appraisal District Board of Directors by all taxing units, and not just cities, school districts and the county. (Rep. Bruce Gibson; Godley) Committee on Ways and Means. H.B. 209 Contractor Bonds Amends Article 5160, relating to the requirement for contractor bonds on public contracts, to create an "assigned risk pool," in which corporate sureties participate, to provide bonds for contractors unable to secure bonds through ordinary methods, (Rep, Paul Ragsdale; Dallas) H.B, 269 Utility Reformt Construction Mismanagement Amends Article 1446c, V.T,C.S., the Public Utility Regulatory Act, tot (1) require the Public Utility Commission to investigate alleged mismanagement or construction ir- regularities by a utility engaged in construction activities and, as neces- sary, compel the utility to take corrective actions; and (2) require the commission to take into account the quality of a utility's management of a construction project in setting rates for such utility. (Rep. Lloyd Criss; Texas City) Committee on State Affairs. H-3 H.B. 270 Utilit Reforms Publia Counsel Amends Article 1446x, V.T,C.S., the Public U y gu atory Act, o provide for the establishment of a "Department of Public Counsel," headed by a chief executive officer appointed by the governor, to represent the interests of residential utility customers. (Rep. Lloyd Criss; Texas City) Committee on State Affairs. H.S, 271 Utility Reforms Extend Regulatory Cycle Amends Article 1446ct V.T.C.S., the Public testy Regulatory Act, to extend the deadlines by which the regulatory authority must act on a rate application filed by a utility. (Rep. Lloyd Criss; Texas City) Committee on State Affairs. H.S. 272 Utility Raformt Limit Rates Under Bond Amends Article 1446c, V.T.C.S., the Public Utility Regulatory Act, to provide that a utility may put new rates into effect under bond only if the regulatory authority determines that such action is necessary to maintain the utiltty'a solvency, (Rep. Lloyd Criss; Texas City) Committee on State Affairs. H,S. 273 Open Containers is Vehicles Same as S.B. 2. (Rep. Tom Craddic'<; Midland) H.H. 275 Annexation of Certain Water Districts Amends Section 11(B), Article 970&0 V.T.C.S., the Municipal Annexation Act, to provide that a city may not annex territory within a water or sewer district unless it annexes the "entire portion of the district that is outside the city's boundaries and contiguous to the city. (Rep. Jimmy Hankins; Kilgore) Committee on Urban Affairs. H.B. 292 Texas Equal Employment Opportunity Agency Amends Article lc, V.T.C.S., by adding new language creating an "Equal Employment Opportunity Division" under the Texas Department of Labor S Standards, authorized to investigate complaints alleging discrimination in employment practices. Compliance tools include conciliation; cease and desist orders issued by the Comissioner of Labor and/or district court; injunctions; penal ttea---including the award of money damages; reinstatement of aggrieved workers with back pas; and assessment of attorney's fees. The act would apply to all employers with 15 or more employees. "Employer" means the State of Texas and its political subdivisions, including cities. (Rep. Paul Ragsdale; Dallas) H.B. 293 Texas Human Relations Commission New law, prohibiting discrimination by reason of race, color, religion, sex, age or national origin with respect to real estate transactions, employment, accessibility to public accommoda- tions and other items. Creates a 9-member "Commission on Human Relations," appointed by the Governor, to enforce compliance, using the same machinery provided under H.B, 328. "Persons" subject to the act include the State of Texas and all of its political subdivisions, including cities. (Rep. Paul Ragsdale; Dallas) R.B. 296 'State Electrical Licensing Board New law, creating a 5-member "Electrical Examining and Licensing Board," appointed by the governor, Electricians licensed by the board would be authorized to practice statewide, without obtaining licenses from individual cities, but would retain the cities' current authority to require permits for electrical work to ensure that such work complies with local code standards, (Rep. Charles Evans; Hurst) H-4 r H#44 308 Folios Workin Hourse Certain Cities Same as $.8. 171. (Rep. Gerald Hil ; Austin) H,Bk 322 Prohibit Ftrsworks4 Certain Counties New law, prohibiting t1ke sale of firewor s exc pt sparklers an other minor items) in all counties over 1,7 million population, (Rep. Gene Green; Houston) H,84 323 Prohibit Fireworks New law, prohibiting the sale of fireworks (except spar ers an other minor items) anywhere in the state, (Rep, Gene. Green; Houston) H.S. 329 Utility Reformi Fuel Pass-Thro.eghs Amends Article 1446e, V,T.C.S., the Public Utility Regulatory Act, to prohibit cities and the Public Utilit;- Commission from permitting automatic fuel pass-throughs to consumers, (Rep. Betty Denton; Waco) Committee on State Affairs. H,B. 342 Utility Reform: Public Counsel New law, establishing the Office of Public Counsel for Utility •Hatters (the counsel to be appointed by thr Attorney General), "responsible for the protection of consumers and repre- sentation of the public interest in utility matters before state regulatory agencies, federal regulatory agencies and in state and federal courts," Counsel to intervene and otherwise participate as a party on behalf of con- sumers in proceedings affecting rates and services of utility companies regu- lated by the Public Utility Commission; and "advise and assist municipalities upon request in connection with proceedings pending before regulatory authori- ties or on appeal to state or federal court. (Rep. Tony Polumbo; Houston) Committee on State Affairs, H,B, 354 Heart-Lung Presumption for Firemen Same as 5,8. 172. (Rep. Doylz Willis; Ft. Worth H.B. 355 Pay of Election Officials Amends Article 3.08, Texas Election Code, to require cities and other localities to pay ulectlon judges and clerks nat less than $4 per hour and not less than $25 to the judge who delivers tine election returns. (Rep. Doyle Willis; Fort Worth) Committee on Elections. H.B. 361 City Law Enforcement Fund Establishes a new "Cities Law Enforcement Fund," financed by revenues from occupation taxes levied on coin-operated machines, to help support municipal police training and police officr.r salaries and benefits. (Rep. Frank Collazo; Port Arthur) H.B. 371 State Administration o_f_ Federal Block Grants Same as S.B. 117, (Rep. Juan Hino,josa; McAllen) H.B. 396 Repeal Split Tax Option Amends the Property Tax code to repeal ti,4e provision for split payment of property taxes. (Rep, Carlyle Smith; Grarid Prairie) Committee on Ways and Means. H,B. 397 Police Officer "Bill of Rights" New law, prohibiting municip-al charter provisions or ordinances limiting electioneering or other political activities of police officers. Additionally, in any internal invest igatia,n involving a police officer that could result in the officer's suspension, demotion, reprimand or discharges (1) the officer cannot be required to sus,- mit to a lie detector test; (2) for any interrogation conducted outside ti,)e H-5 x officer0s regular working hours, he/she must be paid time and one-half; (3) any complaint against an officer must be furnished to him/her in writing; (4), the officer has the right to read and rebut any adverse report included in his/her personnel. file; and (5) any officer affected by an action taken in violation of the Bill of Rights could appeal to district court to have tha action overturned. Also prescribes several other requirements that would have the effect of impeding internal investigations and tying up the results off such investigations in court. (Rep. Tony Polumbo; Houston) H.B. 404 Residency Requirements for Certain City Officials Same as S.B. 120. (Rep. Bill Presnal; Bryan H.B. 418 Prohibit Certain Deductions For City Employees Amends Article 6813e, V.T.C.S., to prohibit the govev aing body of any city, county, school district or other locality that receives state funds from making any deduction from tho paychecks of its employees unless such deduction is specifically authorized bT law. (Rep. Milton Fox; Houston) H.B. 434 Minority Business Enterprises: City Contracts Same AS S.B. 61. (Rep. Paul Ragsdale; Dallas) H.B. 436 Statewide Detoxification System Same as S.B. 78. (Rep. Frank Madla; San Antonio H.B. 440 Local-Option Pari-Mutual Horse Racing New law, authorizing horse racing on a local-option county-wide) basis. Authorizes the city to impose s tax not to exceed 5% of the price of admission to any race track locate entirely within its boundaries. (Rep. Hugo Berlanga; Corpus Christi) H.B. 451 License Requirements For City Employees New law, requiring, as a condition of employment, that an employee of the state or its political sub- divisions, including cities, must possess the same license and meet the same regulatory criteria for competence as a person performing a similar function for a private employer. (Rep. Tom Delay; Stafford) H.B. 460 County Administration of Appraisal District Amends Chapter 6, Property Tax Code, to authorize a county-wide election to allow the voters r.;o decide whether the functions of the central appraisal district Board ),f Directors should be transferred to the county commissioner's court. (Rep. Ti p Hall; Ponder) H.B. 473 CAM State PUC Jurisdiction Amends Article 1446c, V.T.C.S., t:ve Public Utility Regulatory Act, tot (a) transfer original jurisdiction ove.r cable television rates and services from the cities to the Public Utility Commission; and (b) grandfather pre-existing municipal franchises, best authorize the PUC to grant service certificates to any CATV company who3.e franchise subsequently expires and to any CATV company net heretofore holdt~'g a city franchise, and to cable companies serving tinincorporated areas. (Re Ron Wilson; Houston) Committee on State Affairs. H.B. 486 Parking Offenses: Complaints Same as S.S. 335. (Rep. Lanny Hall; Fort Worth) H-6 ,r H.B. 496 Utilit Reforms Rates Under Bond Amends Article 14460, V.T,C.S., the Public Utility Regulatory Ac:t, to ropes the provision authorizing a utii- ity to put new rates into effect under bond. (Rep. Betty Denton; Waco) Committee on State Affairs. H.B. 515 Prohibit Fireworks Amends Article 9205, V.T.C.S., to authorize the commissioner's court of any county to prohibit the sale or possession of fireworks in the unincorporated part of the county. (Rep. Foster Whaley; Pampa) H.B. 529 Prohibit Municipal Firearm Controls New law, prohibiting cities from regulating the sale or possession of pisto Fs', rifles or other firearms. (Rap, Bob Leonard; Fort Worth) H.B. 534 Delivery of Renditions to Chief Appraiser Amends Section 22,21, Property Tax Code, to require that, rendition statements and property reports be delivered to the chief appraiser no later than April 1, rather than May t. (Rep, Wayne Peveto; Orange) Committee on Ways and Means. H.B. 536 Taxing Unit Challengesi Rehearing Amends Chapter 41, Property Tax Coda, to establish procedures by which the appraisal review board must rehear challenges by a taxing unit or taxpayer. (Rep. Wayne Peveto; Orange) Committee on Ways and Means. H.B. 545 Municipal Mass Transit Authorities New law, authorizing the goverr_,- ing body of any city (or county) to create a city-aide (or county-wide) transit authority and, upon approval at a local-option election, to levy a sales tax of up to 1% to finance the operations of such authority. (Rep. Bob Bush; Sherman) Committee on Transportation. H.B. 555 Certain Annexation, Hearings Amends Section 6, Arttele 970:1, V.T.C.S., the Municipal Annexation Act, to repeal the requirement for a hear- ing within the area proposed to be annexed. (Rep. Charles Evans; Hurst) Committee on Urban Affairs. H.B. 571 Police Review Boardt Houston New law, establishing a police civiltsn review board in cities over 1.5 million population, such board "to provide a public forum for complaints against police officers and Investigate allega- tions of police misconduct." (Rep. Ron Wilson; Houston) H.B. 588 Uniform Telphone Rates Amends Article 1446c, V,T.C.S,, the Public Otility Regulatory Act, to require uniform city-wide telephone rates in a.ay city served by two or more telephone companies. (Rep. Randy Penningto; Houston) Committee on State Affairs, H.B. 591 Volunteer Fire Services In Certain Cities New law, forbidding any home rule city from prohibiting a volunteer fire department from responding :o a fire in such city. (Rep. Randy Pennington; Houston) H.B. 594 Certify Airport Crash Firemen Amends Article 4413(35), V.T.C,S., t-)e Commission on Fire Protection Personnel Standards & Education Act, to require the commission to certify aircraft crash and rescue firefighters, and to pra- hibit service as an aircraft crash and rescue firefighter without certifica- tion after September 11 1984. An "aircraft crash and rescue firefighter" 4s H-7 "One who works for a municipality and fights aircraft fires at airports, , stands by for potential crash landings, and performs aircraft rescues." (Rep. Mike Millsap, Port Worth) Committee on Urban Affairs, H.B. 632 Pothole Bill Same as S.B. 287. (Rep. David Cain; Dallas) 11,84 635 Utilit Reforms Abolish PUC Repeals Article 1446c, V.T.C.S., thkt Public Utility ga atory Act, as cf August 30, 19834 Retains municipa. Jurisdiction over rates and services of utilities servirg inside the city; authorizes counties to regulate rates and services in unincorporated areas. (Rep. Betty Denton; Waco) H.B. 640 Utilities Prohibit Measured Service Amends Article 1446c, V,T.C.S., the Public Utility Regulatory Act, to prohibit telephone companies from adopt- ing a rate structure which sets charges for local calls according to t,ve length of the call, or on any basis other than a flat rate, (Rep. Betty Denton; Waco) H.B. 646 _Peveto Laws Appraisal District Budget Deadlines Amends Secttam 6.06(a), Property Tax Code, to require the submission of the appraisal district budget to participating units by May 1, rather than June 15; amends Section 6.06(b) to require final adoption of the appraisal district budgetc July 1, rather than September 1. (Rep. Tom De Lay; Stafford) Committee on Wars and Means. H.B. 647 Pevoto_Law raisal Roll Deadlines Amends Section 26.01, Proper :;v Tax Code, to set August 2 as the absolute deadline by which the chi-.J appraiser must furnish the certified appraisal roll to taxing units within 6W appraisal district; and require that the roll be in a form that is compatible with the processing systems used by such units, (Rep. Tom De Lay; Staffor.i) Committee on Ways and Means. H.B. 654 Police-Fire Hazardous Duty Pay New law, providing state-funde+S hazardous duty payments to police officers and firefighters in cities over 10,000 population, such payments to be at the rate of $3 per month for each year of service, maximum 30 years. (Rep. Doylj Willis; Ft. Worth) H.B. 657 Substitute Municipal Judges Amends Article 1199x, V.T,C.S., to authorize the city council to appoint additional temporary replacements fcr the municipal judge. (Rep. Patricia Hill; Dallas) H.B. 691 Enforcement of Weight Limits Amends Article 6701d-11, V.T,C.S., :o authorize the state to enforce truck weight limits on federal or state hig ways through cities. (Rep. Charles Finnell; Holliday) Committee on Transpdr- tation. H.B. 696 Union Dues Check-Off New law, authorizing employees of cities a:na other political subdivisions of the state to authorize any and all sal.a-y deductions--including the payment of union dues--and require the governmental unit to make such deduction and remit the proper amount to the. designated organization. (Rep. Gene Green; Houston) H.B, 661 City Payments for Certain Signs Same as S.B. 367. (Step, Bill Messer; Belton) H-8 0 r' S.B4 142 Validate Certain Municipal Actions. Validates the incorporation, annexation proceedings, an boundaries o of municipality incorporated prt~>r to January It 1982. Does not apply to any contested incorporation, annexatiln or boundary that is being litigated on the effective date of the validating act. (Senator Roy Blake; Nacogdoches) Committee on Intergovernmental Rela- tions. S.B. 171 police Working Hours: Certain Cities. Repeals Article 5167, ;vr hibiting cities over 500000 population from requiring police officers re than 8 hours in any 24-hour period. Same as H.B. 308. (Senator U.-)Fd Doggett; Austin) Committee on Intergovernmental Relations. S.B. 172 Heart-Lung Presumption for Firemen. Amends Article 6243e-3, V.T.C.S,, to remove the local-option feature of the statutes, and to create an automatic presumption relative to the death or disability of a fireman in Lny city. Note: Under Article 6243e-3, as currently on the books, the board of trustees o F any firemen's pension fund may adopt standards for awarding bete- fits to firemen who die or are disabled from heart cr lung disease, based on the presumption that such death or disability was job-related, Prior to granting an award based on a "presumption" standard, the local board mist determine that: (a) the employee worked as a fireman for 6 years or longer; and (b) physical exams of the fireman prior to his disability or death revealed no evidence of heart or lung disease. Under S,B. 1720 a fireman's death or disability from heart ov lung disease would always be presumed t> 'se a consequence of his duties if: (a) he had been employed as a fireman for 4 years or longer; and (b) physical exams of the fireman prior to his disability or death revealed no evidence of heart or lung disase. Under S.S. 1720 s+z h a presumption would be mandatory, regardless of whether the particular fireman was 200 pounds overweight, smoked three packs of cigarettes per day, etc, In other words, any fireman who has a heart attack, lung cancer, emphysema or other serious heart or lung disorder would automatically qualify for disabil- ity or death benefits, no questions asked. (Senator Hugh Parmer; Fort Worth) Committee on Intergovernmental Relations. S.B. 220 Validate Boundaries of Certain Cities. Amends Article 970x, the Municipal Annexation Art, by adding a new Section 13 to provide that an area incorrectly annexed by a city, but which was presumed to be a part of the :ity for 20 years, may be finally deemed by the governing body to be part of :he city, (Senator Kent Caperton; Bryan) Committee on Intergovernmental U la- tiona. S,B. 232 Public Utility Regulatory Reform. Amends Article 1446c, V.T.C,S,, the Public Utility Regulatory Act, to: (1) prohibit the inclusion of wasteaEul expenditures, excessive executive salaries and political and charitable re- tributions in expenses that can be recouped by a utility in its custa,wer charges; (2) replace the current appointive 3-member Public Utility Commiss:an with a 3-member commission elected statewide for 3-year terms; (3) provide fir the appointment of administrative law judges to preside at hearings before :',-Ie commission; (4) require the commission to make a study of the state's range energy needs and approve the construction of new utility plants onl,,r in conformance with the findings of such study; (5) statutorily guarantee -he right of cities to participate in all proceedings before the commission; '5) require the commission to consider a utility's quality of service and manage- ment in setting rates for that utility; (7) permit allowances for construction s-4 work in progress only where the utility can show that its inclusion is nect:s- nary to maintain the solvency of the utility; (a) require any utility compa,nY requesting a rate increase to notify each customer as to the effect such L.t- erease would have on the various customer classes; (9) extend the time wit,t:in which a city or the commission must make a final determination regarding a rate application, and repeal the provision in the act authorizing a utility to put new rates temporarily into effect under bond; (10) limit the eircumstanc es under which a utility may pass fuel coats thorugh to consumers; and (11) es- tablish stringent requirements with respect to certificates of service issued by the commission. (Senator Kent Caperton; Bryan) Committee on State Affairs. S,B, 234 Fire Protection Contractors: State Licensing, Estalbishes a state- level board, under the State Boar o Insurance, to license persons engaged in the sale, installation or maintenance of fire protection sprinkler systtims. Prohibits enactment of municipal licensing requirements or other regulattnns inconsistent with those promulgated by the Baord of Insurance relative to i.re protection contractors; unclear as to whether the act would prohibit ct-:ies from requiring that new sprinkler systems comply with local codes. (Senator Sohn Sharp; Victoria) Committee on Economic Development, S.B. 260 Elected P,U.C4 Amends Article 1446c, V,T,C,S., the Public Uti.ity Regulatory Act, toi l replace the current elective 3-member Public UtiT~ity Commission with a 3-member commission elected statewide for 6-year terms; (2) impose strict campaign contribution limitations on utility-related interafts; (3) establish the position of General Counsel, appointed by the governor,, to represent consumers in proceedings before the commission; (4) grant utt.ity companies a "reasonable opportunity," rather than an absolute right, to r•Ltes that enable them to recover their operating expenses and provide a fair return; (5) require any utility company requesting a rate ineroase from the commission to notify each customer as to the effeect such increase would 'eve on the various customer classes; and (6) prohibit automatic fuel cnac :Pass- thruughs. (Senator Hugh Parmer; Fort Worth) Committee on State Affairs, S4B, 263 State Payments to Certain Cities. New law, establishing a system of state payments to cities in which state Facilities are located, as reimbi:,rse- ment for the expenses the city incurs in providing public safety and emer3ency medical services to such facilities. (Senator Lloyd Doggett; Au;tin) Committee on Finance, S,B. 270 Municipal Court Surcharge Crime Victims Compensation Fund. Stxilar to S.B. 138, except that the amount of the municipal court surcharge is i''.,500 rather than $2.00. (Senator Lloyd Doggett; Austin) Committee on State Affairs. S.B. 287 Pothole Bill. Pirority TML bill: increases annual funding Eor the State Highway Department by $500 million per year; additionally, appropriates $100 million per year for the City Street Improvement Fund--such amount to be allocated to the cities on a pro rata basis, Same as H.B. 632 by RepreStinta- tive Cain. See February 4 TML legislative newsletter for details. (Senator John Traeger; Seguin) Committee on Finance. S-5 S.B. 298 Territorial Limitati.onst Certain Cities. Amends Article 971, relat- ing to the maximum permissible geographical area for certain general law cities, to exempt cities of loss than 2,000 that were incorporated more then 30 years ago, and that have expanded as a result of annexation. (Senator Kant Caperton{ Bryan) Committee on Intergovernmental Affairs. S,B. 322 Strengthen D,W.I. Penalties. Similar to S.B. 1 (Senator Ted Lyon, Mesquite) ommittee on state airs. S.B. 325 Extend Urban Parks Funding Program, Amends Chapter 24, Parks and Wildlife ode, to permanently extend the existence of the Local Parks & Open Space fund beyond August 31, 1983, and expand the program to make all locali- ties eligible for funding, rather than limiting eligibility gust to SMS.s. Same as H.B, 6. (Senator Carlos Truant Corpus Christi) Committee on Natural Resources, S.B, 328 Exempt Personal Aircraft From Taxation. Amends Article 383:5, V,T.C.S., and Chapter 11, Property Tax Code, to exempt from ad valorem taxa- tion all personal aircraft not hold or used for the production of incon,e. (Senator Lindon Williams; Houston) Committee on State Affairs. S,B. 335 Parking Offensess Complaints. Amends Article 27,14, Coda of Criminal Procedure, by adding a new Subsection (d) to provide that: "If written aotilze of a violation relating to the manner, time, and place of parking has been prepared, delivered, and filed with the court, and a legible duplicate copy has been given to the defendant, the duplicate copy serves as a complaint to which the defendant may plead "guilty," "not guilty," or "nolo contendere." If the defendant pleads "not guilty" to the parking offense, a complaint shall be filed that conforms to the requirements of Article 45,01, Code of CrimlIal Procedure, 1965, as amended, and that complaint serves as an original cor~- plaint. A d'ef'endant may waive the filing of a sworn complaint and elect t'3at the prosecution proceed on the written notice of the charged parking offense if the defendant agrees tit writing with the prosecution, signs the agreement, and files it with the court." (Senator Hugh Pamer, Fort Worth) Committee on Jurisprudence. S.B. 340 Munictpal Jude Trainingi State Funding, Amends Article 1200f, V.T.C,S., relating to educational requirements for municipal judges to provide for the imposition of a 50¢ surcharge on all municipal court convictions (not including pedestrian- or motor vehicle-related offenses) to support a new state "Municipal Court Judges and Personnel Training Fund" to finance continu- ing education courses and, programs for municipal court judges and court ;."er- sonnel. (Senator Kent Caperton; Bryan) Committee on Jurisprudence. S,B, 364 Prohibit City Limitations on Mobile Homes. New law (Article 1011a-1, V,T,C.S,,), prohibiting cities from enacting zoning ordinances or other ordi- nances which restrict mobile homes to mobile home parks, or which otherwise exclude or limit mobile homes from neighborhoods of conventional site-built homes. The only "requirlament" imposed by S.B. 354 on mobile homes, in order. for them to be situated in any residential neighborhood, is that they be inspected by the state, that they he affixed to permanent foundations, and that they meet set-back and other requirements applicable to other homes in the particular neighborhood, Notes S.B. 364 is designed to nullify the Texas S-6 1 Supreme Court's unanimous decision, in the case of Comeau v. Brookside Village, in which the Court rejected the mobile home industry s allegations Ghat muniotpal restrictions on mobile homes are unconstitutionally discrimina- tory. The Court hold, instead, that city ordinances prohibiting mobile homes from being located in neighborhoods of conventional homes are valid and in the public interest. (Senator Carl Parker; Port Arthur) Committee on Intergovernmental Relations. S.B. 367 City Payments For Certain Signs. New law, prohibiting cities from requirng the removal of signs or billboards without paying the owners of such signs or billboards "gust compensation." Applies to signs and billboards that "complied with applicable law when erected." Notat The purpose of this bill is to prevent cities from passing zoning ordinances and sign ordinances re- quiring that certain signs be removed by such-and-:such date--unless, of cour~s, the city is willing to pay sign owners for the value of their signs and the value of the real estate upon which such signs are situated. The effect of S.B. 361, if passed, would be to nullify roost local sign control measures, since there is not enough money in any municipal treasury in the State to pay for all of the signs that must be removed under city ordinance requirement. Same as H.B. 661. Senator John Sharp; Victoria) Committee on S.B. 386 Utility Reformi Public Counsel. Same as H.A. 342. (Senator John Whitmire; Houston) Senate Joint Resolutions* S.J.R. 1 Exempt Property of Veterans' Organizations. Amends Article VIII, Section 2,~ Texas Constitution, to authorize the Legislature to exempt from ad valorem taxation any property of a veterans' organization that is used pri- marily as its post or meeting hall. (Senator Linden Williams; Houston) Committee on State Affairs. S.J.R. 3 Increased Exemption For Disabled Veterans. Amends Article VIII1 Texas Constitution, to double the amount of the property tax exemption for disabled veterans and increase the amount of such exemptions for the sur,livors of veterans. (Senator Lindon Williams; Houston) Committee on State Affairs. S.J.R. 6 Local-Option Exemption For Veterans' or Fraternal Organizations. Amends Article VIII, Section 2, Texas Constitution, to authorize cities and other political subdivisions of the state, on a local-option basis, to exempt from ad valorem taxation the property of veterans' organizations used exclusi- vely for patriotic, public service, recreational or social purposes or the property of fraternal organizations used for charitable, benevolent or non- profit recreational and social purposes. (Senator John Sharp; Victoria) Committee on State Affairs. *An "S.J.R." (Senate Joint Resolution) is a proposed amendment to the Texas Constitution. Passage requires approval of two-thirds of the whole number of both houses (21 votes in the Senate and 100 in the House) and subsequent approval by the people at a statewide referendum. Proposed constitutional amendments in the House are called "House Joint Resolutions." S-7 0 $.J.R. 9 focal water Sondst State Guarani o ram. Amanda Article 1X11 Texas Condtitut on, by adding a new sat on - to authorize the legislAture to pledge the state's credit, in an amount not to exceed $500 million, to guaran- tee the payment of interest and principal owing on water development, flood- control, sewage and other water-related bonds issued by cities and other localities. Notes implementation of the state guaranty authorized under S.J.R. 90 which is supported by TML, would improve tho Wall Street ratings of local water bonds by at least one grade. If, for example, a local government has a single A bond rating, the state guarantee would raise it to AA. An AA rating would be upgraded to AAA, and so on. In todays' bond market, each band rating grade is worth about three-quarters of one percent in the rate of interest payable on the bonds. If the state were to guarantee $500 million worth of local bonds, and the rate of interest payable on such bonds were reduced by three-quarters of one percent, and the bonds were issued for 25 years, the state guarantee would produce savings of almost $50 million over the life of the bonds. This enormous savings would be realized at mintm um risk to the state, and probably a minimum, if anything, in expenditures to cover defaults, since these could be recaptured by various methods. (Senator Carl Parker; Port Arthur) Committee on Natural Resources. S.J.R. 10 Exempt Certain Boats From Taxation. Amends Article VIIE, Section 1, Texas Constitution, to authorize the Legislature to exempt from ad valorem taxation all boats owned by individuals and not held or used for the produc- tion of income. Same as H.J.R. 20. (Senator Jahn Whitmire; Houstan) Committee on State Affairs. 9-8 D R A F T April 5, 1983 United States Senate United States House of Representatives Washington, D,C. Gentlemenc For the last four years the Baha'is, members cf a law-abiding and peaceful religious community, have been subjected to relentless persecution in Iran. Some one hundred and forty of their leaders have been executed or murdered by the Islamic revolutionary regime. Community properties have been confiscated, elderly Baha'is have lost their pensions, workers and employees have lost their jobs, and children have been expelled from schools. Despite signs to the contrary, Iran is sensitive to the world public opinion. The spread of violence in Iran has been made less severe because people in towns and cities throughout the United States and around the world have raised their voices in protest. When individuals stand together in support of human rights and the freedom of religion, an ocean of human sentiment and moral persuasion i;+ created which can engulf and put an end to this oppression and bigoted persecution. We submit this letter in protest of the continued persecution of this peaceful religious minority and the gross violations of human rights and religious freedom. WE understand that a joint Congressional resolution in support of the oppressed Baha'is in Iran was passed in the last session of Congress. According, we, the City Council of Denton, Texas, passed a similar resolution adding our sympathy and support to the Baha'is of Iran in order that the world may know cur sentiments on this humanitarian issue. Respectfully submitted, CITY COUNCIL OF DENTON, TEXAS By i, _ D R A F T P R 0 C L A M A T 1 0 N WHEREAS, we live in a world that makes universal human rights our first priority if civilization is to survive and advances and WHEREAS, a major obstacle to the attainment of universal human rights is the prejudice that manifests itself in the persecution of a people for their religious beliefs; and WHEREAS, the earth is, in reality, one country and mankind its citizensl and WHEREAS, we in America have been given great spiritual capacities and blessings; WHEREAS, we must take the leadership in the quest for an attain- ment of universal human rights and religious freedom. NOW, THEREFORE, BE IT RESOLVED, that we, the City Council of Denton, Texas, do hereby protest the relentless persecution of members of the Baha'i Faith in Iranj and it is further RESOLVED, that the City Council of Denton, Texas makes this statement and proclamation of sympathy and support of the Baha'is of Iran in order that the world may know our sentiments on this humanitarian issue. DATE: April Y, 1983 ~ w STATEMENT ON THE PERSECUTION OF THE BAHA'IS IN IRAN March 21, 1983 The Baha'is of the United States have set aside April 28, 1983 as a special day of prayer on behalf of and in support of the persecuted Baha'is in Iran. The Denton Baha'i community cordially invites you to a non-denominational prayer service to be held at the City Council Chambers on Saturday, A ril 23th from 2:00 to 4f00 m, at 215 East McKinney in the City o Denton Building, This prayer service is dedicated to those individuals who have given their lives for their religious belief: Arid for those still imprisoned in Iran. The mounting world public opinion, shaped at the grassroots, in support of the persecuted Baha'is in Iran has made a difference. We have seen that the spread of violence has been made less severe because people in towns and cities throughout the United States and around the world have raised their voices in protest. Our aim in keeping you informed of these awful happenings is not to burden your heart or conscience with yet another woeful tale of bru- tality over which we, as individuals, seemingly have no control, In- stead, we desire to build upon the public opinion that is protesting this officially sanctioned campaign of terror and destruction. in the four years that have elapsed since the Iranian revolution, the 300,000 members of the Baha'i Faith in that country have been subjected to a systematic and fanatical persecution, the aim of which, by all indications, is total extermination. The one hundred and forty prominent Baha'is known to have been executed were subjected to mock trials or no trials at all. They were charged with crimes for which no evidence was ever produced or, lately, charged simply with "heresy." Hundreds of men and women await an unknown fate in prison, having been rounded up by revolutionary guards for their "association with the misled sect" (the official term of reference to the Baha'i Faith). Recently twenty-two were condemned to death in Shiraz, Iran. The Supreme Revolutionary Tribunal in Tehran has upheld the verdict. On March 12, three Baha'is were hanged, including one woman, The others await execution. All Baha'i properties and holy planes have been confiscated or destroyed) even cemeteries have been seized and desecrated, leaving the Baha'is no placf,, to bury their dead. Baha'is have been dismissed from their jobs by thy. thousands) children have been removed from their schools, and hundreds of homes and busi- nesses have been burned and looted. The aim of the authorities in all of this is clear. The violence is designed to intimidate the Baha'is to renounce their faith, in almost every case, those exeouted are promised their freedom if they would recant, Those few who have denied their faith were freed? the vast overwhelming majority, however, are killed or imprisoned for their beliefs. The Baha'i Faith constitutes no threat, political or otherwise, to the government or the society? Bahalis are, by religious principle, law- abiding and non-political, What is threatening to the government is the spirit that animates the Baha'i teachings, among which are the oneness of mankind, the oneness of religion, the equality of men and woman, and the elimination of all forms of prejudice. Moreover, Haha'is are adherents of the teachings of Baha'u'llah (1817-1892), whom they regard as a divine messenger, Since Islamic interpretation dictates that Muhammad was the last of God's messengers, it follows that Baha'is are following a heretic. The United States Government, in the last session of Congress, passed a joint Congressional resolution in support of the oppressed Baha'is in Iran, That action added the voice of the American people to the rising chorus of protest from a multitude of international and national govern- ing bodies, including the United Nations Human Rights Commission, the European Parliament, the governments of Australia and Canada, and the parliments of West Germany, Great Britain, and Fiji. Despite signs to the contrary, Iran is sensitive to the world public opinion. Who can imagine what greater violence would be directed against the Baha'is If Iran were ignored by the rest of the world? our voices do make a difference, for when individuals stand together in support of human rights and the freedom of religion, an ocean of human sentiment and moral persuasion is created which can engulf and put an end to this oppression and bigoted persecution. We hope that we can count on your active support, through any channels your conscience dictates, for bringing an end to what the United States Congress has called the "grossest violation of human rights" currently taking place in the world. 2 1 11 >'?e f f i r 1 "~fT ~l I~'1} ~ ~ kk1 (c~ r A) r P~ µ~I 1 tllti r ( 1 '1 of 36' s hCI~A~t~ A r i~ L 1 5' ~l ~+f(, A/ty ~c~ 'y`. o l + i ;~51,'1MY1"4 ]]`i{{yY`',~yy/pp i rig ~,y' i:r',s~ A W'jl ;1;, k'r'•Y~~ SI ~..1. ` ,l r 4✓V i Cre. IF a11. 1 / .I U PI ~f 'T¢~r'&1 f "4r k 1 1 t ~ V 444 '.f. 'y •y. 1~~~ :91• it*I~r rI Rb lr r ' ?t,~.R r s¢.; y,: i v 1L ~ ~7 1 ~ f. ~ k~ i ' r 4 Yfr !y fSep )Gr~gressa'~~ ` ~i P C urzg ros s'~~rric^' Satyk, J e' J' wes F. Nelson .1 u d k" Prof6sor Pir. uz Kazemzadeh 't% Glom opd ' . { likChel~. 1tt Il 1~ i~ 1~• r. ~ ,r 1, if~A~ a j~ i amria ahlt7Cl1d1Nour t1~f 1 `f 71T V `11r N Ift 'r I r S i fl ~ ' 1} l 41.. 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J ~ i•~M~~~I~~ j~~~v, iyn~l~`~~I'~,ft lI`~°~n~ I~r~ ~1~e~N~~'~a~ r ~ '9;rix~~~ t~.'~,I~~ I~q~ ~~5'1ia41oy , ~:','F,~j,Fj,~ r~i~~'~ w n~;; i World Order Is a quarterly magazine intended to stimulate, Inspiro, and serve thinking people In their search to find relatiomhlps between contemporary life and contemporary religious teachings and philosophy. World Order 415 linden Avenue, Wilmette, Illinois 60091 Memo enter my subscription to World Order. w MIn Unked Stares,- All other c•otnlrrles,- 0 1 year $10,00 ❑ I year $12.00 ❑ 2 years $13.00 ❑ 2 years $22.00 I enclose my check or money order payable to World Order for NAME ADDRESS CITY STAtE AND COUNVAY ZIP 'We are unable to provide billing service. Please enclose payment, Tnu '111anAT ON GnNtX:11)1i I The Threat of Genocide EDITORIAL TIm mumw continue. Men and women are arrested and put on trial on trumped-up charges, or disappear without leaving a trace, Dlonth after month, open and secret executions take place. The bodies of the victims, unceremoniously dumped In morgues and cemeteries, often bear marks of torture. Children are ridiculed, insulted, and os• tracked in schools. Some have been kidnapped and placed with Muslim families to be raised as Muslims, Houses are set on lire; property Is looted; the old and the sick arc deprived of care; the young and vigorous are denied work. 'thousands wander homeless, strangers in their native hin(i. 't'hrough the green forests of Mazandaran, on the barren shores of the sea of Ummn, by the snowcapped Album in the shadeless heat of the Lot, in cities and towns, villages, and hamlets, is heard the bloodcurdling cry; Recant! Recant! Recant and live. Recant and save yourself from torture and rape. Recant and join those who have killed your fancily, your friends. In the ancient and long-suffering land of Iran no other voices can be heard. But what of the world? Will it again remain silent in the face of such inhumanity? Will k not be stirred by the threat of genocide? 'yf,~l!%.. 11. S:'`r 1 rR°n- , liy' tl J .1 1 11 ~~r f!i !'Kfi lr 5' ! 11Lgf d r~ry~J..' r ^r'~~ ~j' ~ , It ~ ti 1 ~''E ~ 1'.!f~'♦~r J?' r~'~ p~' ~YII,R} ~d°r~~ 'g111! ~ j I~jf+f~ `3ISJ, i , i~ JI , J ~~'II 1r a1117J fll~s 1/J(s I{I" xY 1'i {rf j it 1, ijl .(f, 1' rr >i r i/~ ir•7 411 Y tt 1 r J r yf1'!u•~ 1. r i 11. ~ t ' r; i ti IltIl V~ ~r ' v+ rt'' t P4f I r1 , r:, f ~~''fy'I' V JAJ~ llf il~ J 'I JyI s 4 •I r11 j17 {f j.. .u I t (W 15 r i rrr fGp ~y 1}ri~QI ffll~ ~1f ,^P 1 ~I „ , t r {77',l •fi'1 t e, ~ y '1~, ~ ~uy =t ~ r f1 r1+ it Z r 1, t { r,r r Y 1 r~' % '7 4r J IJ.r, 1 {i' 4! .1 1 4, i.i / 1+ 1 ^41 f r 1~. y,/ U li (1f lrr {h 'A YI I 441^~ r{~.."f )P,{ 9'~~I~l~ t~4,lr~f+if ~1 l4 14 i ~r j~i~r .r .~~41 Irl„ J~ ` 1~ y 4 •y ' hi ~`p~~l+ki, '{`I t Jr i Jr 41 7/ ~ , yr, ,r il;~~ ~►t~,~ ~ t 1 ~ ~Iif ~izt s ~p , Y~4t17r/.` }IA4 ' 1'` f '1, 1~tr'~ I 1 11 I .~'t'. ♦ C S'L Y. f ~r a 11 ,Yf , ~/~S,}{ a~! If' • ' ~ t~~ rF.{4' w y l `1f t ~ t 1~'7 I ,li Ill !(;t' S lr ' .St' M' FF11. I iZ 1' I 1 ~ r 14 1, ~ti~+~ ,1~ r ~ r j ~ ~i~. ~~{~C i' i fllr' W, A IV A. I l I ♦ \ '1 Y tl I f i 0, 41 ~ , S+ r 1 ~ ~ln ,'r1f lr~ q 11{',{~1 y'r { •r ~ y r P f 1!1 r J 1 '4' r I v y l , Y y C' ti~ e Y ♦ I I i 1' ' 1 I• f V~ r.. ,L. r w 4 L r. ..~,y.'~ 1 `'.R1 • '~,LI 't/rt I'nii r 1 ' I1 t ' r l , f44'~A ~ 1 r , r' ^ 1 SS y~ ' ' T d r ~i r ` l r 'r I' JI i 4 ^ ~I J a it k 'r,,, II i About This Issue ON MAY 25, 1982, the Subcommittee on Human Rights and International Organizations of the For- eign Affairs Committee of the United States House of Representatives heard the testimony of six witnesses concerning the persecution of the Bah0s in Iran. The hearing indicated the growing awareness of the American people and its elected representatives of the tragic events that have already cost well over a hundred lives, made thousands homeless, and caused untold suffering to a peaceful religious community of some 400,000 members, The significance of the testimony and of the forum in which it was presented have prompted us to pub. fish the entire prepared testimony in the form in which it was submitted to the Subcommittee (with- out following the style of transliteration of Persian and Arabic words ordinarily used by lVorld Order), The abbreviated oral statements, as well as the ex- change of questions and answers that occurred in the session and was recorded stenographically, are not yet available but will be published by the Congress be- fore the end of the year, Because of the extraordinary nature of the material published in this issue, we have dispensed with our usual practice of including an Interchange, THE EDITORS v~at~ r. 1yy,'i 55Jjy ~I{ypy N.S.r! i t~ ~,~Gd~.hl~t r , 1 t•~. .F 3 f.' t 10 C L. F ',1 1 11~l¢ x11~~Qttl!l,p '.Bii. v.1 / r " t g ~ «lUlUtt+iv)~IR11i111i~A,ef~, ,y ! r-, ! ell i . o y Q SV ~ fQl 1, I t. J ! ~ O r i j f .r ~ + ,y i 'b Y ,vr, r ' 1 G WORLD ORDUR; SPRING 19$2 COMM11-1111! ON FOREIGN APPAIRS SUBCOMMITTEE ON HUMAN RIGHTS AND iNTERNA'T'IONAL ORGANIXATIONS OPENING STATEMENT HONORABLE I)ON DONOR "Religious I'mCCUtiOll alS it Violation of Human Ri hts" Pit rt III-The Bahil'Is May -15,1982 W li 1tMT s'rnirrta) a series of hearings on Religious Persecution as a Violation of Human R,Shts. The first two hearings have been gem oral in nature, laying the framework as t) the scope of the problem, how widespread it is, and what constitutes religious persecution. Today svc start looking at specific exampl,s of religious persecutions around the world. The first case to be considered is that of the Baha'is in Iran. The Constitution of the Islamic Republic of Iran, which recognizes and protects the Jewish, Christian, and %orastrim minorities in that country, never. theless denies recognition to Iran's largest religious minority, the l3aha'is. As a result, Iran's 300,1100 Baha'is are deprived of any form of protection under the law. From the time of its birch in 18,14 and at no stage in its history has the 13aha'i faith been granted recognition ;is an independent religion by the Iranian Government or under the Iranian Constitution The Baha'is have been con. sidered heretics within Islam since their religion ',vas founded t38 )Ttrs ago in Iran. Since the inception of the Niha'i faith, they have lived in it climate of constant repression characteriml by frequent outbreaks of violence and blood. shed. In the carry days, over 20,000 Baha'is were killed. Under subsequent regimes including the former Pahlavi's (Shah), [hue religious persecution of the Baha'is continued. Now once again in postrevolutionary Iran, differences in religious ideology are being used by fanatical elements to justify violent attacks on the Baha'i community. In Mirch of 1980, two Buha'is were executed for teaching the Batha'i faith, FOLIUCCll more were executed in June of 1980 for practicing their religion. In August of the same year, Id members of the Baha'i administrative body disappeared, Lost December 8, members of the Baha'i national assembly were executed and in January, six members of the local governing body of 'T'ehran were executed. Baha'i shrines and cemeteries have [)evil desecrated, administrative centers and savings confiscated. A systematic effort appears under way to eliminate the Baha'i religion from Iran. The Baha'is are gentle and peace-loving. In accordance with the tenets of their faith, they uphold the divine origin of all the major world religions, rather than being narrow in scope. OPINING STA'I'liNIHNIT Since the United States Itns no leverage with the Iranian government, we must do all we can through other countries that have inlluence in Iran to bring an end to the persecution of the Baba'is. 'T'hrough private channels and public exposure we most continue to pressure the Reagan Administration to do more and the Iranian go'.ermttent to put a stop to this genocide, In the last two years the Subcommittee has made every effort to make sure that Raha'is are granted asylurn in the United States. Evety effort must also ` be made to call to the attention of world public opinion the plight of the Baha'ii. This hearing will promote that process. I ' i v I t Ar I l t 1 ry f!I 1 i WORLD Or.:t: i., SPRING 1982 Chronology of Concern S'PATEMENT OF HON, EDWARD .1. DERWIN• letter in the record at this Point. The LI,N. NKI isRFORH SUHCOMM111rli13 ON HUMAN Subcommission for Prevention of Discrimina• RIGHTS jkM INTERNATIONAL ORGANIZA• tion and Prote,tion of Minorities voted 15 T1ONS AT fiRnRING ON MAY )5, 1982, ON to 0 in cOndenlttation of the Iranian persecu• RELIGIOUS PFIRS%CVTION AS A VIOLATION tiorl of tl'e Balla'Is, OF fiJMAN RIGHTS-i Ili BAHA'IS On fuly 24, 1981, I addressed tile Ffouse, denouncing the cruelty and excesses of the Iranian regime and calling for particular at. M R. CHAIRMAN, I am that you tension the continued persecution of tile are holding hearings ;.nd concentrating Ilaha'is. On September 15, 1981, 1 placed in on the issue of the Ilaha'is. I believe chat this the ' aongrcffiemal Kec•orJ a column by Pro. ongoing tragedy which the 13alla'i (:Ommunicy fessnr hinrz Kazemxade}t entitled "hog is suffering in Iran is a story that has not TlSSO Fi Irate, a Threat of titl ctio I been told vigorously and often enough and ask that these items be included in the is, in fact, one Of the great tragedies of our record at this point. I aiso asked you as times. Chairman of the Subcommittee on Human The Daha'i community called my attention Rights and International Organizations to to their fears in Iran shortly after the radical hold hearings on the situation of the Ira(tian regime of the Ayatollah Khomeini took con- Baha'is, and I tun very pleased (his is now trul in that country. At this point, I would being clone, like to have inserted in the record the letter 'T'here are relatively few Tlaha'is in the I mccived on February 15, f979, from Glen. United States. The attention Of the media is ford F;. Ac' ;tiell, Secretary of the N tional now riveted on the situation in (lie Falkland SPiritual Assembly of the 'laha'is if the Islands and other svorid trouble spots, and United States. the internal tragedy the Ilaha'k and Other I have been concerned with (lie plight of victims of d,c Ayatollah's regime face is all Iranian members of the Ilnha'i faith for sonic but forgotten. Again, Mr, Chairman, I com• time. On fuse 26, 1981, I appealed to Kurt mend you for holding these hearings and \1"aidheim, then Secretary General of the helping to present this story on behalf of a United Nations, for his help its alleviar;ng truly innocent and suffering people, the their suffering. Maly I insert a copy of that Baha'is. w f 9 Expressing the Sense of Congress TESTIMONY or TIDE 110NOR{1n1.ts PORTNI?Y bers have ex;pressed an interest in signing it. It. STARK, ,IR,, BEFORE TIM SUIWOSIMT I TE f hope dent the Subcommittee will consider ON HUMAN t;t MTS AND INTERNATIONAL my resolution in the very near future, oRGANV,A'rtoNs, arAV 25, 1982 The sanne day on which 1 introduced the concurrent resolution, I also introduced a bill R. CIIAIRMAN, Thank you for giving to prohibit imports from [ran until it ceases me the opportunity co testify before the persecution of the Baha'is. 1 feel that your subcommittee today, to express my if the message in the kcsolntion is not heeded, concern about the religious persecution of we mrtl5t move forward with more con- the 300,000 Iranian 8aha'ts by ale Khomeini Crete actions, such its an embargo, Although regime. 1 know that many of our colleagues United States imports from Iran havo been in Congress also believe that we roust toll. reduced drastically, totaling Only 963,8 rnil• demn and oppo<c the harsh repression and lion for all of 1981, S3.4 million for ,f amtary possible genocide of the Baha'is in Iran. It 1982, $2,3 million for Fcbruary 1982, and is quite sad and ironic that it people who for $3,8 million for 'March 1982, imposing in over one hundred years have striven to bring embargo on even it small quantity of int. about the unity Of mankind, world pease, and ports would certainly he it clear, tough signal world order, should be the target of flagrant to the Iranian Government. My bill has been violations of human rights. referred to the Trade tillbeOmnlitee. I first learned about the plight of the Baha'is in Iran through constituents of mine, I Woui,D I.IYI! to share with the tiubcommit. who lire either themselves members of the tee, some excerpts from A CrI fans r%e Baha'i Community or who are friends of ilemv, by an eminent Western Baha'i, A`{'il• members. The shocking and disturbing let ham Sears. This hook is an impassioned ac• ters and newsclippings which I received count of the horrors perpetrated against the from people in the 9th District of California, Iranian Baha'is, a rehttation of the fake and prompted nw to investigate this nutter fur- contradictory charger levelled af,ainst them, Cher, and then to speak out agiainst the gcuo. and an expose of the genocidal purpose of tidal actions of the Khomeini regime. I found the present outbreak. The following excerpt that many of our colleagues were also very describes the atrocities taking place against concerned about he persecutior. of the the Beha'is in Iran: llaha'is in Iran, evidenced by the it amber of The atrocities taking place against speeches in the congrrunreal Rerc J about Balnii'fs today throughout Iran arc no long. the Bailta'is. er matters of suspicion or opinion. They 7n March 1982, 1 introduced i con- are matters of fact. The proof con be found current resolution, which expresses the sense in the records of libraries, newsrooms, of Congress than the President and Other of. United Nations Agencies, human rights fieial represcnmtives of the United Stites organizations, telex and cable files in every should at every opportunity before intern:n- part of the world, tional forums relterate and emphasize (lie The spotlight of world publicity has extent to which we deplore and condemn now been turned directly upon Iran. It s the religious persecution of people of the no longer it secret that the killings, burn- Baha'i faith by the Government of Irmi. ings, lootings, and torture of Bahii'is are There are presently -1 cosponsors to my reso. still continuing, ever) as these pages are lotion, and at least half a dozen other mem. being wcitren. It is no longer possible for 10 WORLD OHDFR: SPRING 1982 the persecutors to suppress or minimixe use, often personal, the revolutionary au. the enormity of heir crimes, or to hide thorities, equally often tlae man with a ancuay,nauusly behind the fiction of "kill- faun, aught decide. The umeting•pfaces of controlLtble mobs." rile local communities were nest to be Those clays are over! taken, 't'hen, having deprived this helpless Confiscation of property, of bank ac• conatnunity, which has no rights in law, of counts, burning and looting of homes, of. its funds, hospual, holy places and religious ficially sanctioned executions of innocent properties, attention was turned to the victims--all these things take place every. leaders of the community. All nine naem• where, in the streets, in the mirket•plice, hers of the National Spiritual Assembly Itud in the homes. were kidtrappcd , incl have not been The ITah;i'is ire harissed, beaten, abused, heard of, except by rumo,lr, to this day. killed. Sonutinnes hushnnd and wife tn• Outstanding Hiltui'fs in the provincial com- gether, Or an entire family. Or It group of munitics were next and many , f those close friends, or neighbours, or business have been executed. The obvious aim is associates. Chosen at random. At the whim to get rid of the capable, tru; teci, elected of the killers, leaders before liunching the atack on cite Sutbbed, .atoned, hanged, burned alive, rank and file. hacked to pieces with knives, uocxl before The Kthai'f cotnntutnity they are trying to firing-squads, destroy is the largest roligirnts minority, in Men, women, children. No one is spared. Iran. It has mory members than the C;leris- 'T'heir cringe' tian, Jewish and Zoroastrian communities They are Ha IIA'is. combined. In spite of this, the Bah;i'i Faith These ;attacks have been going on for is not recognized and [Tuh;i'is aye deprived nearly one hundred Ind fifty years, of their basic human rights. Tl,erc is no The first onshught of the current pcr• one and no place in the entire country smitions began in 19-18. It is note in tliey cull approach for protection. 'They its fourth year. The seve-it y and spread of cannot appeal to the clergy, to tlae courts, the outrages increase each day and he- or to the authorities, 'T'he clergy and tll6r come ever more sinister. There is no end religious courts ,rte the authorities, in sight, and no sign of it let-up. They are engaged in it process which VIhat is most alarming and threatening tilt, entire civilized world has always been about the present avalanche is not its vio• against. Ience; that has always occurred. it is the It is called: Genoc'ide.' devilish ingenuity of the assault designed The alleged reasons for the genocide are to eliminate an entire a>numuaity of ncar• listed belong in thae major iccus; 60115 current- ly half a trillion souls. The terror has now ly made against the Aaha'is in Iran. The ib• sprc,u into every level of hihb'i life, to surdity of these accusations is explained in a city dweller, villager and farmer. later section of the book---I feel, however, At first the llah 'i business houses, the that the atbsurdvy of these accusations will repository of the savings of rich and poor be apparent to all who have been following Bahd'is alike, were confiscitcd, with no the persecution of the Haha'is, without going recollnpense. Then the great TTahfi'f hospital into the well•docunaented refutation, in 'T'eheran, built, operated and fully skip- Accru,rrior~J ported by TTa}na'is, where patients of all i, The Bah5'; Faith, far from being a religions and backgrounds were treated religion, is n subversive nut heretical with the saute loving care, was taken over. sect which plans to establish its own Next, Bih;i'f hol;, places throughout the regime in fr;un. country were occup;ed and put to whatever 2. The Bahci'i Faith is a political party VXPRUSSING TIM SHNSR 01: CONMOSS I1 tv! :n t 9 n 1 Which supported (lie rcgiotc of Mil- 9. "l'Ite Ilnhdia of Iran are quite different hantlnad Reza Shalt, and reccivcd fa- from those in other lands. In Iran vours from him. they are p, 1iticall% oriented. i. The Halui'is arc agents of forei,.n Ifl. One of the heads of the dreaded secret powers, such as the United States and polike, Savok, and others of its high. Russia, anel of Ilritish imperialism. rmlking nflicerS, have been members } The Rah;i'is arc "spies" for Islacl, and of the 11,116'i haith, secred v collaborate with internation- 1 I. Ft cct:•ri, et cetera, of cetera, nl ~r.ionirnt, Thev contribute linand,111)' I Would like to commend the Subcommit- to the support of Israel which aids that tee for holding this hearing to focuS attentitm country against its Aral) and Muslim on the plight of the liaha'is in Iran. I hope neighbours, that the SltbCOlnollitee Will continue its aurk 5. The Rahci'is have their World Centre in Illis area, and favorably consider ntp reek). ill Israel, and therefore must Ile hostile lotion, 11. Con, R". 253, to Iran and to the current Islamic Revolution. 9- ni CONGRESS 6. The llah;i'fs travel frequently to and 21) SSSSION front Israel, carrying and receiving in- IL CON. RES. 283 formation against Iran and other Aral) nations, E.spressing rile Sl'n5C of Congress that the Pmd- 'I'ihe Balri'is are agctiitst ISlrtltl and dent and other ollkial representatives of the \[uh,tnutlad, the Prophet of Islam, tlnire(l Sratcs slnnild at every opporntnlrr hr and insult I lis holy (look, the Koran, fore international forums rcitcrate and entplm- - 3. '('lu rc have been Ilahci'fs in hit h plates Size rile e%tetlt to which %v(- deplore and con the religious persecution of peoples of in the political life of Iran, although tile lialnt'i faith by the Government of Irtn. they claim they do ok)r become in- volvecl in politics. A llaliiVf was once IN 1I-11- HOUSE OS' IlEPlU;SI.N'I'A,rwF..S Prime Minister. Others served in lesser MARCH 9, 1992 ministerial capacities. Mr. STARK subatiued file following eoneurtent 12 xC'ORL11 ORDER: SPRING 19132 tesolution; which was referl'ed to the pri.;uc employment, has dostromi L3aha'i }Ionics Committee on Forcign Affairs and businesses, and has harassed or ass;utlted 8a13315 ht outlying vlilages trying to fotce th.rn CONCLIRRRNT FI?SOLUTION to recant their faith: Now, therefore, lit u keeolned b s' the nowe o/ h,prerernl,ulrer f1h Expressing the scnscof Conr;ress that the President e~ Sezt,Ne eorrevttisgl, 'HIM it is the sense of Congress that (a) in accordan<c with am own and Other official representakcs Of the United history and national traditions of opposition to Statcs should of every opportunity before inter' religious persecution, 115 s.oll as in futt respect national frrun,s rvitcrme and emphasize the for international law and ntstom, the Unitcd extent to which we deplore and condemn the States condenv]3 and opposes the religious per. reiigious persenltion of peoples of the I3aha'i secution of penplcs of the 13,1I1di faith by the fait]] by the Government of Iran. Government of frail. Whereas the Government of Iraf, has persecuted (h) The President and other official repre. peoples of the llah,ii faith, has killed more than scur,rives of the United States should at ever. one hundte'd individuals of the hallai faith opportunity hcfore international forums reitcr• sins 1978, has jailed I3d11:1'ls kjoitlstly', has 'on• at( and emphasize (lie extent to which we IC. fis<aud and shut down Daha'i holy places rod plnre ,Ind conden]n the religious $,mccutioa of other community property, has banned Ilaha'i peoples of the Baha'i faith by the Government nu•etiugs, i]as dismissed I3aha'is from public and of Iran, r a f f4o ~rM. I, '1 •''v~►.: ~ ~,y ~ Lam',' va'..a. j n we . r a{ ^ ~ "'111 nl'/ A^' ,y y k'. i . aa1wW~Y I I WORLD MOM SPRING 1982 Three Years of Horrors PREPARED STATEMENT OF JAMES F NELSON I run it judge of the Municipal Court of Los Baha'is were written t,pon in large script. Angeles and the chairman of the National These ghoulish marking-, included the epi• Spiritual Assembly of the Baha'ls of the (hot "enemy of Islam." United States-the governing board of crust- --In Yazd, following the execution of seven ces elected by the 100,000 members of the Baha'is, including an 85-year-old ratan, the American Baha'i community, Willi tae is authorities presented their widows with Vim?. Kazemzadeh, professor of history and bills to cover the cost of the bullets used to chairman of the Committee on Middle-East- execote them. urn Studies at Yale University, and vice- --•[n Musa•Abad Village, two teenage girl chairman of our National Assembly. Also students were abducted from school by with me is Glenforcl F. Mitchell, secretary their religion teachers. The parents have and AI icf executive ollicer of our National been unable to determine their fate. The Assembly. My colleague! and I appreciate teachers claimed that the girls had con. the opportunity to testify, today before the verted to Islam and refused to meet their sul~couamittec on human Rights and Inter- Eaha'i parents, as most unlikely story. national Organizations concerning the horri• --In Kashan, a teenage girl was abducted We acre of discrimination against the mem• and forced to marry it Muslim despite her bees of the Baha'i Faith in Iran, brim) under age. --In Shiraz, a high-ranking authotlty de- Foil the last three-and•one•half years the creed that a Baha'i widow had no right to Baha'i communing of Iran has suffered the pension clue from her husband's insur• relentless perrecution. The horrors that are aocc and could not rrtain custody of her being inflicted upon it stagger the imx;;ina- children, lion, They constitute without any doubt a -lo Tehran, the High Court of Justice up- gross violation of all fundamenta' human held ,a verdict of the Shiraz Revolutionary ri'l m Court that cited membership in Baha'i -4n Miandc a, it naob, after destroying the Assemblies as at crime punishable by death. local Balm' center, fell upon a man and Since this verdict more than sixty Baha'i his son, dr, gged their bodies through the leaders have been executed, street, and chopped them up into small The Irmnian Baha'is have no recourse for pieces than, were finally consigned to redre.es of grievarues. The constitution of the Ilauaes. Islamic Republic does not recognize the ---In Nuk, a farming village near Biriand, Baha'i faith, although similar religious mi• lifteen masked men attacked it couple in norities are recognized. Thus the patient and their home at night, poured kerosene on repeated appeals of the Balaa'is to the Au• the husband and set him on lire before thorities fall on deaf ears. forcing him to run fora few yards; finally The Baha'i faith originated in 1844, Ever they heaped wood upon him, burning since then its history has been markr;d with him to deaflh. His wife, subjected to similar bloody periods of persecution. Howaver, the treatment, died a few days later. new attacks began with the Islamic. revolu• -)'t S!uiraz, 300 Baha'i homes were burned. tion in the autuoan of 1978. Beni een Sep. 1. Tehran, the dead bodies of executed tember 25 and December 14 of that year 'rIIRIm YRARS OF HORRORS IS the community recorded 112 instances of Soon it became apparent chat the (am. assault upon its mernbers. 'T'here were toot. paign directed against the Biiha'i community ings, burnings, beatings, murders, tine de. was systematic and centrally directed. The secretion of cemeteries, the disruption of Hunhnn Rights Commission of the Federa• meetings-all intended to force ©aha'is to Lion of Protestant Churches in Switzerland deny their faith. The attacks spread rapidly issued it report in Zurich on September 12, to every province in Iran. W9 in which it described the methods and ends of the persecution as "administrative IN THE SPRING of 1979, when the Islamic strar..fation," "financial stranltulation," ..so. Revolutionary Government of Aymollah 0,,, and personal strangulatiop." Other re- Khomeini was already firmly established, the ports, including the published dispatches of campaign against the Baha'is assumed an of- the correspondents for Reuters, The Associ• 11cial form and increased in magnitude: ated pros. L.(, Monde, 7-be iVew York Trues, --2,000 men, m-omen and children were The 11 arbinglon PaS1, 'iTbe Los 1ugel0 driven from their homes and sought refuge Times, sign+fied the deepening crisis for the in the deserts and mountai:us. Tiaha'is of Iran. 't'hese reports combined to --'t'he house of the Bab, the holiest shrine portend the imminence of genocide. in Iran for Raha'is and it place of ptig:im• Tb,. final blow was to be the e!4nination age for the liaha'is of the world, wa' of 'nc leadership of the community. The seized on the pretext that it was being held I,~i nitive logic was clear: it body without by the authorities as it protection against a head could not survive. Beginning in 1990, mob atack, It was uldm ittely raced, the shortly after the taking of American hostages, site obliterated by it hastily constructed a rash of disappearances, arrests, and execu- road, tions of members of liahtt'i local and national --Nawnahalaa company, which served as a governing bodies ihocked the community. savings and loan association primarily for The abduction of all nine members of the the benefit of Iiaha'i children, was con. National Assembly o❑ August 21 confirmed hsctted, the rumor of it plot to wipe out the Tiaha'i --Otnana company, which held in trust leadership. The National Assembly members Baha'i community properties, including were meeting in it private home, when revo- holy places and historic sites that had been lutionaryy guards forcibly took them away, in the possession of liaha'is for more than along with two -ether officers of the Faith a century, was similarly confiscated. As na- with whom they were conferring. No trice tional and local properties were seized, so of ,hem has been found, and they must be too were the sacred literature and records presumed dead. Eip,ht members of the sub. of thv, conumuiity, Sequent National Assembly were similarly ---The Ministry of Education issued a circular abducted and then secretly executed in Tell- that Those Baha'is who (lid not deny their ran last December. Six of the nine members faith should immediwely be discharged of the Tehran Assembly met the carne fate from their jobs as teachers, in january 1992. Scores of other local As. -Balha'is were arrested witl;c.,t charge in sembly members have been executed in dif. various localities, ferent parts of the country, some after tor- tG WORLD ORDrR: SPRINO 1982 rate. Scores more Languish in jail, their fate Iranian haba'is made this pilgrimage during Unknown. the cirne when they were permitted by Inw to visit [sracl, lit accordance with the clear How do Iranian iiudio;hies justify the per- requircaa :nts of the Baha'i Faith, its world secution of the Hahal%? Tile Haha'i Faith is spiritual and administrative centers must riot recognized ill t CMISO ution of the always be united in one locality. Accordingly, Islamic Republic, Therefore, llaha'k are riot the world administrative center of the Baha'i entitled to protection under the law and Faith has always been and must continue to have no opportunity to defend themselves be in the Holy Land. It cannot lx relocated against false accusations. l3aha'i marriages for the sake of temporary political expedi• arc not sanctioned by law. Therefore, their cncy, Contributions sent by 13itha'is to their issue are not recoinizecl as legitimate. Since world canter in Israel are solely and ex- Ilaha'i marriages are not recognized, Raha'i elusively for the upkeep of their holy shrines women are proclaimed prostitutes, and historic sites, and for the adwinistration The Shiite clergy and the Government pcr- of their Faith. Almost all llaha'is in Iran sis(ently accuse the [iaha'i Faith of being a have made such contributions, and this inno- political cons-)iracy that serves the interests of cent action is used to support charges of their foreign powers, including the United States. collu;ion with Israel. This, in spite of the fact that Baha'is strictly These allegations are at sham. They are it avoid disloyal and subversive activities, smokescreen for religious fanaticism. Time The clergy and the Goverment claim that and again the persecutors have confirmed by the 13aha'is were favored b), the regime of their own acts that their charges are ground. the ':',di and ran his secret police, the less. The fake trials of the Ilahe'is never deal SAVAK, when in fact the llalia'is were per. With the substance of any of these accusa. Se•cnted Wider Pahlavi rule and were fre• tions; rather, the prosec,..ors arcempt to learn quently the SAVAK's victimm about the operations of the flaha'i community The clergy and the Government at -use and to force the defendants to recant their the Haha'is of servilly (lie interests of 'Lion. faith, In November 1981, it couple in whose istn and Israel. As proof ;hey point to the home the members of the Tehran Balia'i As. fart that the llaha'i world center is located sembly nut when they were arrested, were in I laifa, Israel, and that [laha'is send n14-ney put oil trial. The wife refused to recant, was to that coun(ry. Indeed, the 130 a'i world sentenced to death for espionage and exc, center is in Israel. This atoned bec„use 114 cuted. Her husband recanted and was set )-cars ago rite government of the Ottoman free, fully absolved of the charge of spying. Vnipire forcibly brought the founder or the In former and simpler times, the Shiite Balra'i Faith and His disciples to Akka, clergy did riot need to invent justifications which was then in the province of Syria, for their hatred of the Ilaha'i faith. ]lack llaha'u'Ilalt, the founder of the Ilaha'i Faith, then tile)' persecuted "91cretit5" and did not died in Akka and ever since .hen the twin have to bother wit', notions of religious cities of Akka and pfaifn have been the tolerance. 't'oday, the clergy arc as determined spiritual center of the liahn'i Faith long pre. as ever to eradicate the Baha'i Faith, but feel mating the State of Israel they need elaborate justifications for their The alicgations that the What'is transfer murdcrou,s acts. funds to Israel are made out of sheer mis- '['he Shiite clergy's hatred of the Wha'is is chief, Ilaha'i pilgrims from all parts of the at its root purely religious. The Muslim world regularly travel to Israel to visit the clergy hold that ;Muhammad was the last of Shrine of llaha'u'llah, and other sites closely it series of prophets going all tlue way back associated with their religinn. Thousands of to Adam. The Iialua'is, however, believe Char TFIRl3V YIIARS OF HORRORS 1 ' the dialogue between God and man can of the ilotel in which the event was to have never stop, that Halta'u'llah was a prophet of taken place, Similar Incidents have occurmi God equal to 14uhammad, and that in the in Reno, Nevada, and ,Minneapolis, Min.m. future there will be others who will continw^ sofa. It seems that some Iranian Muslims to bring divine revelation to humanity. More. residing in the United Stares are attempting over, Baha'u'llah abrogated particular is- to intim'date the American Baha'i commun- lamic fa-mi sttch as holy war, polygamy, cer. ity and to create for it the same oppressive tain dietary laws, and regulations concerning conditiotfs existing ill their own country. ritual purity. ~~rt' have cited ill this brief statement the fensive to the Shiites is the Equally ot most telling evidences of the persecution of Baha'i principle of the equality of men and the Irtnknn Bahn'i community, namely; the tvo~een. Perhaps even more upsetting is the file ra seizure of mmo sacred literature. fact that tile Naha i Faith does not haven the confiscation of national and local records. clergy but is instead, governed by demo- the expropriation of the community's prep- cratically elected bexlies. Moreover, by pro- crties and other assets, and the execution of rooting the unity of mankind as its pivotal its leaders. No extensive analysis is needed principle and by envisioning a federation of determine the precise nintention alysi i behind nations under a world government' the to lrived of its behind s irati acts, o A the precis f its community , ddeprived Baha'i Faith shatters Shiite notions of ex- these its material elusiveness and monopolistic possession of means, and of its leader hip becomes extinct. power. That these deadly aillictions have not suc- Tluls the Baha'is are frequently accused of ceeded in breaking the spirit of the Baha'i being "enemies of Islam," which in an is- community is a clear indication of its deep lamic Republic also means enemies of the rootednesc, its resilience, and its determina• state. Yet it must be recognized that wherever Lion to survive, But there are limits to human the Balut'is have spread their religion, they endurance, and it is our hope that before it have succeeded in spreading reverence for is too late the governments and peoples of Islam and its prophet. Moreover, they lave the nations will join in the effort to ensure taught their fellow-believers ill more than the security of this innocent minority. 100,000 locaii,~rs around the globe to love It is the task of the Baha'is of other lands Iran as the hirth-ilace of their religion. to help their Iranian co-religionists by calling The situation : o Iran also affects Baha'i the attention of the world to the horrots that communities in other countries. The anti- are being perpetrated in the name of religion, Baha'i propaganda spouted by the Iranian On many occasions in this century, the world Islamic Republic spreads misunderstanding averted its eyes when fanatics, demagoy;ues, and suspicion of the Baha'i community far and dictators of various stripes massacred and wide. Iivcn in the United States, Amer. national, racial, and religious minorities, or ican Baha'is had to battle agaips-. the power filled concentration camps with "class enc. Of mass communications as Iran's spokesmen mies," deprived of their most fundamental have taken to the airsv -cs with half-truths rights all those who dan:d to differ from their and outright lies. There have been instances brutal orthodoxieS even in thought, Decency, in which fanatical Islamic Iranians have respect for human rights, and love of one's made attempts to disrupt Baha'i activities in neighbor, be he ever so dis-ant geographical- our own country. For example, on March 27 ly, are as indivisible as peace. I-luntapity cnn- th's year, the Baha'is of 'Morgantown, West not afford to remain silent and by its silence Virginia, were prevented from holding a to condone evil, prayer meeting when a group believed to be WC, the Baha'is of the United States, feel Iranian students threatened the management no animosity toward the government of Iran. , Ix V OR1.ll oxnRR; SPRING 1982 We feel genu)ne sympathy for the long, in oppression and that its perpetrators will suffering Iranian hcopie and wish for them have to answer for their deeds in the court a peaceful and happy future, f iowever, we of world opinlon, cannor retrain indifferent to Ox sufferings of Mr. Chairman Again I thank you for our Iranian brothers and sisters at the hands giving time to the Baha'i community to pre. of bigots, who have no compunctions about sent m your Subcommittee information about shedding innocent blocxl. We ca". upon our one of the most compelling cases of religious fellow citizens and onr elected representatives persecution in modern history. W pr(vWm that America will not acquiesce L 19 The Routs of the Hatred PRRPARIID STATTtIONT 01' 1'IRUZ KA7.EhIZADIM I am professor of history and chairman of the staff of a foreign legation and to provoke a Committee on Middle-Eastern Studies at Yale disastrous war. In a culture that did no! sepa• Univer:Jty in New Haven, Connecticut. I am rate religion from poli(ics. the clergy partici- also vice-chairman of the National Spiritual pelted in the governance )f society, exercis• Assembly of the Baha'is of the United States, in,, virtual monopoly over the judiciary, and involving itself heavily, and at times decisive. UDGE J^ 'rs ,'Nelson has outlined th,: >rmy in every significant national issue. J of tkte large-scale persecution that bas be. 7 he clergy's spiritual and secular authority fallen the Baha'is of Iran. I do w, intend rested largely oil its claim to represent the further to dwell on tlue horrors that are daily Hidden Imam, a descendant and successor of being perpetrated against men, women, and due prophet Muhluumad, who, according to children who belong to an innocent and de- ancient tradition, had disappeared in the year fenscless religious community. Rather I shall 260 A.A. and whose return the Shiites anx• attempt to provide snnte historical ;nfornla- iously awaited. tion that would help place the recent events In May I844, in the southern ciry of in perspective and explain the intense hatred Shiraz, a young merchant, Seyyed Ali Mu- tile fundamentalists among Iran's Shiite hammad, proclaimed himself the Bab, or clergy feel for the 13aha'is. Gate, through which believers could gain The Shiite sect of Islam became Iran's access to ti~,e Hidden Imam. As his mission state religion in relatively modern times. It evolved, the Bab revealed to a rapidly grow. was only in the sixteenth century, under the ins; -irc•Ie of dedicated disciples that he was patronage of the Safavid dynasty, that Shiism the rlidden Imam himself, a new prophet assumed a dominant position. Some two uul a herald of a still greater divine mes• hundred years later the state underwent senger who would soon come to fulfill mil- catastrophic decline. An Afghan invasion, lenial prophecies and bring about righteous. followed by anarchy, extensive military ad. ness or, eardu, ve .lures, protractfd dynastic and tribal rival- The ltiab's teachings were a direct chat. ries, and the resultant economic decline led lenge to the Islamic fundamentalists. The to the d+'tninution of secular authority and to Shiite clergy held that Muhammad was "the an inordinnte ittctetuse in the influence of the seal of the prophets," that with him re,rela- clergy. tion had come to an end. Those who believed In the early nineteenth century, the clergy otherwise wetc declared renegades deserving was truly tie first estate of the realm. The dead Moreover, the Bab gave allegorical new rulers, members of the semi-nomadic interpretations to such traditional beliefs as Qajar Turhoman tribe, had no legitimate bodily resurrection and abrogated a nvmber claim to the throne and felt the need for the of Islamic laws and ceremonies dealing with goodwill of the mullahs who wielded enor• prayer, iasting, marriage, divorce, inheritance, InouS economic and political power, So great and the status of women. Last but not least, had their influence become thl,t they con. the Bab and his disciples eloquently de• trolled due streets of the principal cities, were nounced the corruption of the clergy iw..d the able to precipitate the massacre of the entire laity, the iniquities heaped upon the people 2t1 WORLD ORDER: SPRING 1982 by greedy and Lirbitrary rulers, the selllsllness adherents first to Constantinople and then to of the rich and the misery of the poor. Adrianople. In 1869 Baha'u'llah wits taken Angered and frightened by the spread of to Akka, at fort;lied town then in the province the Babi nlovenleiat, the clergy and the gov. of Syria, now in Israel, In Akka and its vicin• ernment determinecr to crush it by force, ity Baha'Wllah spent the rest of his life as it Vigorous attacks avere launched against t}le prisoner of the Ottoman state. Babis. Facrf with the threat of mass murder, Over the span of sonic forty years Baha'- they tesisted Lint{ were defeatod in an un• u'llah produced a va.+t body of work which equal struggle against die military forces of toolay constitutes ahc sacred scriptures of the the state. 'rbousands perished in the resis• Baha'i Faith and is tile source of its princi- trance; other 111011sands including unarmed pler,, and teachings. Haha'u'llah taught that women, children, the sick, and the r.ged were Gdxl, unknowable in His essence, periodically systerntuicalh, nu to death by an eni iged revealed His will to humanity through a sua enemy. The flab himself was executed in cession of messengers tttnong whom were July 18511 by a firing squad. Two years later \fo7es, Jesus, `lornuster, \fuhanunad, and rh,' it few of his disciples made an attempt on the Bab. Each was it link in t never-ending chain life of the Shah but succeeded only in un• of progressive revelation that provided the leashing another ma,sacre in which died most spiritual impetus for the development of Im. of the prominent leaders of the movement, manity. It was the task of humanity' innerly The government and the clergy now felt to seek divine quali its, wbile actively par• that the danger had passed. A majority of ticipating in the advancement of civilization, the Babis were dead; the rest were dispirited like the Bab heforc him, Aaha'u'Ila}t af- and inactive. Fe,v of their outstanding lead. firmed the validity of Islam and the divine ers survived and most of these were in exile. character of Muhammad's mission, Flowever, The masses had been inoruLMd with a pas' he gave his followers laws and prescribed for sionate hatred of the accursed renegades. The them practices that differed radically from the very word Arabi assumed pejorative conno• ,vs and practices of Islam. This, indeed, was tations anti was used as a mortal insult, no Islamic sect but an entirely independent A decade hater the situation changed religion with its own script,. t. and its own radically. One of the few prominent Babi law. Bahn'u'ilah's teachings on the unity of survivors, Ali za 1lusayn Ali, known as Baiaa'- mankind, the equality of races, the equality u'll;ah, assunud the leadership of tlae Clad- of sc'•es, universal education, the harmony of Enmity, unified it, and gave it it nevv vitality, religion and science, the establishment of a fn 1863 he proclaimed himself to be the world federation, and the maintenance of great messenger whose advent the Bab had world peace through collective security, his so insistently foretold. Most of the Babis advocacy of it universal auxiliary language, accepted his claim and became Baha'is, fol- and of other measures designed to bring iowers of Baha'n'llah. about it peaceful and inter-dependent world society were far too advanced to be un&- THE REVIVAL of tale Babi Faith surprised and stoml by his contemporaries. These teachings alarmed the Iranian authorities. They re• ignited in the Shiite dAergy the same pas• grctted that they had exiled Aaha'u'Ilah to sionate hatred it had earlier felt for the Bab, Baghdau where he was in constant contact his teachings, and his followers. with Iranian pilgrims who visited the Shiite As the Baha'i community gre•d by attract- holy places in Iraq and who spread his fame ing a significant proportion of enlightened all over Iran. In 1863, at the request of the and forward looking franians, so grew tlae Iranian Government, the Turkish Sultan hostility, of the reactionarv elements within transferred Baha'u'llah and a number of his the clergy. It is thest fanatical opponents of Tint KW US tut' THR IIATRHI> 21 all progress and reform who succeeded in Alexander II to Iran to weaken that country conveying their own fears and dislikes to the by creating a schism within Islam. In pursust rest of the population, The Ba}na'is were of his mission, "Dalqurki" supposedly created placed in a difticukt position, the Iktbi movement which was, therefore, Their enemies accused them of subverting not a religion but only an instrument of for- Warn, of preaching; that Bahlu'llah was eign penetration, Unfortunately for the au- God, of betraying their country, of commit- thurs of this fraudulent document, they did ting all sorts of abominations. The Baha'is not know Madan history. Thus they missed „ere acnied the right to reply, At no time the fact that in 18.11 Russia was ruled by in their history were they permitted to debate Nicliolas I and that Alexander II did - at their accusers, refute die allegations in the ascend the throne until 1855. They did not press, publish books yr magazines, or use! know that Dolgorukov had served in Iran radio and television, For more than IM1 yc,us briefly in 1831, whets the Bab was only 1' the people of Iran have listened to it mono- years old and did not become minister until logtre, a single voice spouting hate. 1846, when the Whi nuwcnu•nt had alm,.dy Modernization brought certain changes in been well paunched. the situation of the IJt& clergy. Its position l gnrdle•ss of their HOPracy and absurdly ty, the sr,rnetvhat weakened by the spread of e fake memoirs of Prince Dalgnrki" education, a general decline of religion have entered the mainstream of Iranian thought. !'hey arc known and believed by among the elite, ant the growth of national- it vast majority of educated and otherwise ism that idealized Woosubn Fran and took intelligent RaWans, Only a few Iranian a dir.. view of the Islamic conquest and the scholars, among them the anticlerical and consequent adoption by the Iranians of a anti•Bahal historian Ahmad Kasravi and the forci,n religion. Its the atmosphere of na- literary scholar Moitaba Minovi, were not de- tionalism, skepticism and religious inMer- ceived by this clerical fabrication. once, there began io brow the notion cif toter- When anti-British sentimaus s•;apt Iran AMC chat emended ev,:n to the Baha'is. 'rim after World War 11, the Bahu'ts s%Cre aCCuFCd clergy mobilized all its resources to resist of servhV4 the British, During Worlc: War I, this trend, 'Abdu'I-Baha, Baha'u'llah's eldest son and By the late 19309 the nwlhhs had erected successor as leadcr ul the B,dha'i community, it whole nv~ • arsenal of anti-Baha'i weapons, had organized famine relief in the towns of It was sowlenly cliscosewd that the Bahals Haifa and Akka. .where he had lived as an were unpatriotic. Proof of this was found in We since I86S. In reco,;nirion of his philan- Baha'u'llah's proclamation of the unity of thropic acts, the British authorities that gov- mankind, in his advocacy of out international erred Palestine after the collapse of the M. auxiliary language, and in the emphasis he tonran Empire, knightrtd 'Ahdu'I-Baha. This placed on universal peace. Since the then minur event became rive basis of the legend reigning shah, Reza Pahlavi, was strongly than the Baha'is have been the agents of the WON, clerical p,upagandists tried to British-a legend that has found it bizarre lint: the Baha'is Stith Russia, expression in in outlandish book recently published in Anwricc b)' a certain Robert ABou•r 1939, a clerical society in the holy Dreyfuss, whn had made ncC Bairt'is into the city of Mashhad, pr,iduced what purported allies of Ayatollth I01romcini in the service to be a translation of the non-existent mem• of the British. oirs of Ph lnre Dalqurld (their rendition of With the spread of anti-Anncricanism in the namc Dolgorukil, or, rr,ore exactly Dol- the last ten to fifteen years, it became faslt- gorukov). In his invented memoirs, "Dal- ionable to liol. the Iranian Bala'is to the qurkr' tells of being s:nt in 1844 by 'T'sar United States where there exists a relatively 22 WORLD ORDUR: SPRING 1982 large and active Baha'i commtlnit)% The very to conduct an and-Balta'i campaign using fact that the first Baha'i House of Worship government radio and the press, The clergy in the avestern world stands on the shores of was also permitted to organize societies such hake Michigan, just north of Chicago, hats as '[ablighat-e l?siami whose aim was the been cited as evidence of the connection, eradication of the Baha'i Faith from Iran. Since 1979 a new accusation has been A Iiumber of individuals later prominent in added: cooperation with Zionism. The the government of the Islamic Republic of basis of this latest invention is the location Iran, for instance its second president Mo- of Baha'i holy places and of the Baha'i inter- hammad Ali Rajai, had participated in the national administrative center in Israel. It is anti-Baha'i activities of the 1950s. These conveniently forgotten that BRIla'll'llah did consisted of tlae disruption of Baha'i study not choose the place of his exile and that he classes, prayer meetings, weddings, and fu- was brought to Akka as a prisoner 90 years rimaIS; physical attacks on individ«al before the creation of the state of Israel. Bahu'is; the imimidation of employers who hired Baha'i workers; the harassment of Baha'i children in schools', the publication I N,wr MENTION-1:1) the various allegations and. dissemination of scurrilous anti•Baha'i made about the Baha'is to show the unprin- literature, and the promotion of outright ciple.i nature of such allegations, They are and-Daha'i pogroms. all only a cover for religious bigotry. Yet they In 1955 the Iranian gmcrnment fully co. demonstrate the depth of clerical hostility operated with the Islamic extremist societies. toward the Baha'is and the success the rtud- The army occupied the national Baha'i head- lahs have had in poisoning the minds of quarters in 'T'ehran, the chief of the imperial many decent and well-meaning Iranians. Re- stall him~clf dealing the first blow, with a ligious prejudice, like rrosm, sprouts deep pickaxe, to the dome over the large meeting roots. hall. \1lorld public opinion loudly condemned In 1925, frightened by the Spread of re. the persecution of the Bahra'i comnultaity, publican ideas from neighboring 'T'urkey, a forcing the INaniau government tO relent and nation that was undergoing complete secu- to abandon the campaign. larization, the Shiite clergy helped the mili- In the next decade, the Shiite clergy again tar), dictator Reza Khan become shah, How- lost much of the influence it had regained in ever, Rena Shah pushed the mullahs to the the 1950s. A substantial segment of ncc periphery of national life. He secularized the clerical establishment assumcd it firmly neg. courts and the Schools, and crushed all cler. ative attitude toward land reform, the ex- ical protests by brute force. Not until his tension of the franchise to women, and to. removal in 1941 did the clergy get a new ward the ever-accelerating process of mod- lease on political life and begin to organize ernization. This negativism turned to the clubs and auxiliary societies dedicated to the mullahs' advantage in the t970s. reestablishment of their former influence, Rapid urbanization with the concomitant In the early 1950s, one of the leading dislocation of the agricultural sector, the rise mtajtahids, Ayatollah Kashani, first lent sup. of modern industry, the arrival of traffic port to Dr. Nfosaddeg, then abandoned him problems and air pollution, the visible in- at the last moment facilitating the restoration crease in foreign hilluence, drastic changes in of Mohammad Reza Shah after his three days' ncC lifestyle of urbanized Iranians, wide- exile abroad. Of course, the Shah was ex- spread corruption in government and busi- pected to pay for she help he had received. ness, the conflict between the traditional ba. The extremists among the clergy led by mar bourgeoisie and the modern entrepre- Mullah Taqi Falsafi, were granted the right neurial class, the oppressive policies of a TM ROOTS ON THH HATRHD 23 government that seemed insensitive to the ofl'rces that demanded it high degree of spe- nonmaterial needs of the population, the rise cialized competence. However, no 13111a'i of a large class of educated technocrats- served in the cabinet, because acceptance of these were only some of the factors that slid. a cabinet post by it Baha'i would have led to denly made the negativism and fundamental. the expulsion of such an individual from the ism of the mullahs seem attractive to much Baha'i community, of the population Prime Minister Hoveida was never a Elements among the reactionary clergy, Bahn'i. His father had been one years ago particularly those that clustered around the but was expelled from the Baha'i community. specifically anti-Balaa'i organizations, such as Hoveida always insisted lie was a Muslim tite Tablighace Eslami and the Anjoman•e• and frequently stressed his negative view of Hojjntiyyeh, played it double game. rounded the Baha'i Faith. The same was true of the with the blessings of the government and SAVAK official Parviz Sabeti, whose parents working in clone cooperation with the had been Baha'is but drifted out of the Baha'i SAVAK-tliv political secret police--these community, Parviz. Sabeti has never been a organizations used their resources and mem• member. bership against 1-oth the government and the It should be pointed out, however, that the Baha'is, creating the impression that the misdeeds of an individual cannot be held Baha'is dominated the Pahlavi regime, against an entire religion. Were one to ac• Clerical propaganda constantly repeated cept the contrary principle, a criminal born that Mohammad Reza Shah was surrounded in it protestant family would make all protes• by Baha'is and was, perhaps, one himself; rants parties to the crime. Is it necessary to that his long-term prime minister Amir Ab. point out that Ivan the Terrible was a prac- bas Hoveidn, and a number of other cabinet tieing member of the Orthodox Church, ministers, as well as several high officials of Tamerlane a Dfuslim, stud Hitler a Catholic? the SAVAK, were Baha'is. These carefully When the Iranian revolution broke out planted and widely circulated rumors grad- in 1978, the most radically conservative fun. wally became part of the received ideas shared damentalist elements within the Shiite clergy by much of the urban population. The were determined to purge Iran of everything facts, of course, were rather different. The they disliked; modernism, emancipation of Shah was it professed Shiite with mystic ten- women, the rights of minorities, academic dencies that he openly discussed in person freedom, nonconformist thought, Opera and and in his autobiography. He did not hide the theatre, most forms of music; but their his aversion for the Baba'i Faith but did not strongest yearning was for the destruction of see it as a threat. For him he Baha'i com- the Baha'is. Having achieved power, the old munity was a source of reliable, technical enemies of the Baha'i Faith could not but use personnel and a convenient scapegoat. He did that power to crush a religion and a com• use the services of a Baha'i doctor and oc- munity for whose eradication they have casionally appointed Baha'is to government striven for 138 years. 3 a . r r ilk ry . .a Now, s J+p 1 - 1 f•,:!f 1 li ~ I r folk U I R 1 4. R ~ 26 WORLD ORnnR: SNRINa 1952 An Eyewitness Account PRI?PARED,STA't'C11ENT OF RAMNA MAHMOUDI NOURANI I am an Iranian Balha'i who came to the a few bearded young men from the "Society United States eleven years ago to study, 1 for the Propagation of Islam"-a society have a B,A, degree in mathematics from whose only goal and purpose is the destruct Wellesley College, an M.A. degree in mathe• tion of the Baha'i Faith in Iran. These days ntatics from Boston Univcrslty, and three one pays even more dearly, sometimes with years of graduate work towards a Ph.D. in one's life, for being a Baha'i. mathematics from the University of Califor. My father, Houshang Malunoudi, lifty- n1a at Los Angeles. My studies were dis• three, was a nhemher of the National Spiritual rupted due to family circumstances, particu• Assembly of the Baha'is of Iran. He, along Iarly because of the persecution of my family. with the eight other National Assembly I am married and have a two-year-old son. members and two prominent Baha'is, was handcuffed and blindfolded and taken away I WOULD LIKr: to make the plight of the at gunpoint by revolutionary guards from a Baha'is of Iran known on behalf of the private residence in Tehran on August 21, hundreds of thousands of Baha'i men, wom- 1930. They simply "disappeared." We never en, and children whose legal rights are being heard from my father, and all the appeals denied and who are living under the threat made by the Baha'i community of Iran to of extinction: those who have lost their the Islamic government produced no rcwlt, jobs, their properties, their means of liveli• We can only fear the worst. My only hope is hood; those who may even lose the custody that the was not tortured. of their children; and those who have been My mother, Ginous Mahnurudi, fiftytwo, imprisoned, torttued, burned to death, or was elected to the next National Spiritual executed for being Baha'is. Assembly of Iran and served as its chairman. The ~mry of the persecution of the Baha'is She and her colleagues on the Assembly of Iran is an intensely personal one for me. were arrested on December 0, 1931 and With the blessings of the Islamic govern- executed on December 27, 1931, Their death meat I have lost my father and my mother was discovered accidentally. Tlhe authorities to the fanaticism and hatred of the Moslem at first denied any knowledge of their execu. clergy. This story is even more tragic be. tion. Their desecrated bodies were found half cause all the atrocities committed against the buried in the "infidel" section of the Moslem Baha'is are done with pride, in the name of cemetery in Tehran. Some of them were religion, rbrown into mass graves. No family mr;mbers r;one are the days when Y was only hit- were notilifd, no trial! took p;r,ce, and no miliateJ at school by my teachers it front of charges were made against thetrl. Their bod- other students for being a Baha'i. Gone are ies could not be claimed until the authorities the days when my parents feared only a few were paid one thnusand tumans for each years of imprisonment for "living in sin" bullet used to kill them. The Prosecuter Gen. since their Baha'i marriage was not recog- eral of Iran, Ayatollah Musavi-Atdibili, later nized by the government. And gone are the claimed that these eight Baha'is were exe- days when the only thing you could fear clued because they were "foreign spies." during Baha'i meetings was the disruption by On January 4, 1982, Mrs. Shiva Mah. AN H5'Hu'Pl'NHSS ACCOUNT 27 moudi, thirty-five, my cousin and a mother r\9v FATHER was the most respected and of two young children, was executed in Teh- loved television personality in Iran for over ran along with five other Baha'is after four fifteen years. He pioneered the children and months of imprisonment. They were all youth programs on television. Ile was also members of the Baha'i Assembly of Tehran. an educator and an author, Ile had a tre- They were all kept in solitary eonfinemew- mendous love and affection for children and each ignorant of the fate of the others. As founded a well-known secondary school in the date of their execution drew near, each Tehran from which thousands of Iranian one was given two pieces of paper to sign„ children graduated, Many of diem were ad. One paper promised their release and re. mitted free of charge while my rather paid turn of Lill their worldly possessions, if only for their education. Generations of Iranian they would recant their faith. All they had children came to love and respect him, lie to do to buy their lives was to sign this pa• was a father figure for them. per And if they signed the other paper, they My mother was a well-known scientist, would be sent to tlu: firing squad. The foremost among the women of Iran. She was treacherous authorities went even so far as clip assistant director of the Department of to tell each one that all the others had re. Meteorology of Iran, supervising the research canted and had been released, All stood and training for the atmospheric snidies, and steadfast in their faith and were subsequently later became its director, The Department of executed. Meteorology was built by her honest, cease- In August 1981, a cousin of my husband, less, nod dedicated effort of twenty-five years. Nit, Habib Taltgigi a beuior petroleum engi• She was aiso the president of the Iranian neer, was exer..ted in Tabriz along with eight School of Meteorology. other members of the Balia'i Assembly there, After the revolution, my mother was fired The first line of his will, which he wrote in and taken off the payroll. She was even asked prison and of which I have a copy, reads; to give hack all salary she had received for "in an hour 1, along with eight other Daha'i the past twenty-five years of her service be. friends will be executed. My only guilt is that cause, they said, it was illegal for a Baha'i 1 am a Baha'i. I believe in all the Prophets to be hired by the government. of Gocl including Muhammad. . . And IM5, father's office was looted by the then most recently, on May 8, 1982, Mr, and revolutionary guards and everything in it Mrs, Foroohar, neighbors and close friends either destroyed or confiscated. liven his birth of my parents, were tortured and executed in certificate was taken away from him (per- Karaj (a suburb of Tehran) after te.t months haps this was to enable them to deny later of imprisonment. that lie had even existed). My parents' bank All of the above•mentiwied Baha'is were accounts were also closed. Our home at this among the "cream of the crop" of their so• point had become a shelter for many Baha'i ciety. They were among the most educated; families who were driven out of their homes they were professionals who served their and had lost all their possessions. In many country and its people with honesty and cases the dispossessed were not allowed even sincerity. to take their coats with diem or put on their 28 WORLD ORDPR: sPRINn 1982 $hoes, 'T'hese families came (vainly from other They come and confiscate rile Ilaha'i Pub- provinces of Iran. Subsequently, only one fishing Center and spend months in destroy. Baha'i family comprising all eighty-year-old ing our books with shredders. One looks des. mart, his old wife, and their daughter rc• perately for a Naha'! book bor cannot 1,1114 mained in our house-all the others were any. , placed elsewhere. This old couple were lint this Was only Clio beginning, in her farmers from the province of Khmktan, later letters she writes of the destruction of Their farm, house, and livestock were a'I set (hc Tlaha'is the^ cehes. on fire by their fanatical Moslem neighbors and by revolutionary guards at the instigation AN t OT11t'It travelled extcnsivcly through of the clergy; and they themselves were hadly out Iran, visiting Baba'i prisoners and their beaten up. My brother who visited Tchran families and those who had lost their all. I three years ago related that this old 111,111 would like to quote a part of one of her let. could never hold back his tears when recount. tees written while visiting; Hamadan. She told ing this brutality, In October 19,41, a similar its about seven Ilalnt'is who hacT been tor. fate befell our own house, Our Moslem tired and esecutcd on Tune 14, 1951. My neighbors watched as rile revolutionary mother knew thorn all very well and visited guards, under the supervision of Moslem them several times during their yearlong clergy, looted our house, destroyed our prop. incarceration in ITamadan. She wrote: erty, and took the old couple to prison. Some Mews carte at 9 o'clock in the morning that of our neighbors took part ill the looting and there are seven bodies in the morgue, livery- sonic helped themselves with our belong. erne went to the morgue to see if the news ings. Those were the saute neighbors who for was true. It was. 't'here were seven bloody over ten years were the recipients of my bodies thrown on the floor. It was obvious parents' love, kindness, and generosity. I'M much (Ikresl)cct v.ud contempt had been After n1y father's disappearance, I tole. Shown even to their lifeless bcxlics. Tlu( more phoned my mother weekly. We could not heinous ssns that their bcxlics were torn talk openly on the phone but did comnluni• apart arid tortured, One had his clw;••cagc Cate our emotions, Every week there was salaslmd Ind it piece Of it cut with it sharp news of fre<h outbursts of atrocities heaped object. Another had his lingers sma?!led and upon the Ilaha'is. The last conversation I had it piece of his stornach cut and thrown away, with her was on the lay before her arrest. ;mother had his arm smashed anc{ vet an. She espresred her profound sadness at the other had his leg completely torn. We asked confiscation of the Baha'i con ctery in Tell- the authorities for an ambulance to deliver ran. She remarked: "'T'hey have even taken the bcxlics to the llaha'i cemetery---it was to. away the right of burial from the Baha'is." fared. l;ut when the Baha'is told the officials We also received letters from her in which that they would take the bodies with their she talked about her horror and dismay at own hands to be buried, they finally agreed the ollicial manner the Islamic government to provide an ambulance afraid of inhabitants was taking away all the legal rights turd the of the town finding out about the crimes God-given rights from the Baba'is. In one their rulers had committed. But the am• of her letters written shortly after the revolu• balance that was given to us was an old (ion, she says: Everyday you can see one with all its windows broken and no mountains of books on die sweets of Teh- doors, 'T'hus, one more tinge, they wanted ran-all kinds of books representing ail to humiliate the Ilaha'is. But the result was kinds of ideologies. In the tnidst of this free. the thousands of inhabitants of Hamadan dom, the Saha'is have no rights. They collie who came to the funeral procession, became Lind take away Bitha'i books from our homes. witness to the cruelties heaped upon these AN 111TWITNItSS ACCOUNT 29 seven i3aha'is wlom they knew and respected, better Ilan all their fellow students, They I)tring their stay in prison, their knowledge, can read the Quran and interpret it better Ig^havior, and innocence overwhelmed till than their \luslim counterparts, sometimes the prisoners and all who cane in contact even better than their teachers, The highest with them, There were three medical doctors marks in Islamic religious study are given to among them who took care of the sick in the llaha'i children. Their teachers are fre• the prison and even to revolutionarv guards clucncly surprised, but tit the same time they would take their families to be examined by are extremely resentful. them. Another one of the Baha'is would "Baha'i children with such intelligence, 1111• help the prisoners prepare defense material. derstanding, and knowledge are not favored They were the friends avd refuge of the by ncc ideologues in the Ministry of fduca. prisoners, ton. According to theta, such Children The incredible thing my mother always shnuld he 'guided to the right path.' It is talked about was the contrast between the certain that this ministry has adopted a de• actions of the perpetrators of such shameless tailed and menacing plain to brainwash the and savac;e acts and their victims. vii families Baha'i children. We have so much evidence of these martyred liaha'is showed such dig. Of such a plan, h is surprising to note that nit- and magnanimity. They even took can. the authorities of the present regime are dies and flowers to the prison distributing spending so mo,ih time, energy, and money them among the prisorers and the guards, to prepare thcroscIves on ways to confront thanking them for having kept their loved our young children. It is riot uncommon for ones company for so many long months. two or three instructors of religious classes In telephone conversation I had with or trained ideologists of the iMinktry of Edo- my mother about a year ago, she told nic cation as well as a number of students, to that not even llaha'i children arc immune join forces and suddenly attack a Iblia'i child from persecution. Later, she wrote in a letter; of !cn or eleven years. With all their power It is unbelievable that human beings thci, try to shatter the very foundations of could even think of pressuring innocent his beliefs, They will argue with him fox children of such tender acre in tie way the hours and even use unfair methods to 'g, rile' people in the schools of Iran arc doing at him. this time. Thousands of R.Alla'i children are "'['lie other day, I went to visit a llaha'i facing such inhunuin afflictions. Most of them chill, eleven years old, whom I had lhcard are very studious, arc more knowledgeable had developed severe headaches. I asked him than other children of their age, \dany peo- to relate his experience. He told tile that his ple, including their teachers look at thorn teacher had begun a barrage of insults and with awc. The enemies of the Baha'i Faith calumnies against the Faith-he dui not pas. do not decoy that the Baha'i children are lively accept these insults- he gave wipres- generally much more advanced than their sive responses-the teacher beanie speech. fellow classmates, but they are not pleased less--this delighted the otter children, who with this fact. Sometimes it happens that applauded and cried 'hurrah!' for hire, The when goverriment authorities complain about reacher became angrier and left the classroom the Balla'is, they cite as examples the ac. and consulted with two other teachers, who tions of our little ones and ]low they stand c;tm e to rescue. They argued and threatened up to to insults front their Medial teachers and abused hint and took him to a roost, and fellow pupils. gave him a booklet which was written against "Whit do these children do that make the Faith, and compelled him to write rev them deserve these pressures? Most Baha'i peatedly from this booklet certain sentences children know their Islamic religious lessons which attacked the Faith in offensive lan- 30 WORLD ORDUK; SPRING 1982 guage. This punishment became so great history is filled with unspeakable cruelties that he developed severe headaches which the and atrocities against the Baha'i community, doctor said were caused by nervous pressure, But, there is a difference. 't'his time, we "What an ugly confrontation! On one have a well-planned case of genocide, where. side three mature and 'educated' teachers as previously the Moslem clergy and the with the support and blessing of the people government authorities ordered the slaughter and the government and on the other side of the Daha'is and the pillage of their prop. ,in eleven•year•old-Dahai youth!" erty with pride. They did not hide the fact In another letter my mother wrote that in that we were being persecuted because of Yazd, over one lutndred Baha'i children our beliefs. 'rhose who carried out these have been expelled from their schools be. orders did so to "buy" themselves a "favor" cause they are Dah4s and since they attain in the sight of God and, for the most p,rrt, highest marks and are known for their ex- left the families and the properties of their cmplary conduct, the people of Yazd are victims alone. Today, they kill and persecute asking; "Why should the best be expelled?" us for the same reason, but officially charge 'these were only a few instances of the us with outrageously false misdeeds that persecution of the Daha'is in Iran that have even the non•Daha'is do not believe. affected my life personally. Our 138-year 31 Reactions of American Baha'fis PREPARID STATR\IF.N'T' OF GLENFORD K MITCHELL I am secretary and chief executive officer of shores of lake Michigan north of Chicago, the National Spiritual Assembly of the This outstanding Illinois landmark was on. Baha'is of the United States, the supreme tered in the National Register of Historic administrative body of the l3aha'is in this Places in 1978. country, Our Community has always been deli. cited to the principle of the unity of wan. ~)w United States Baha'i Community has kind, to international peace, to respect for been to existence for more than 80 all religions and for till peoples, to the co. years. Its beginnings date back to the Co. relative value of science and religion, and to lumbfan Exposition of 1893 at whiclt event the solution of human problems through con• in Chicago the name and essential teachings siltation rather than through the use of of I3tthu'n'llah, the prophet•foundee of the force. Commitment to these ends has actuated Baha'i Faith, were first brought to public our cooperation with the United Nations notice in the United States, Although the through tiro programs of ECOSOC and Baha'i faith originated in Iran, this Com• UNICEF, as well as our work to spread the munity was established through the initiative 8aha'i teachings of unity throughout the of Americans and not through Iranian mis. world, Moreover, this con...woent prompted sionary activity. our National Assembly to designate special The vast majority of the Community's days on the calendar-Race Unity bay, 100,000 members are native Americans World Religion Day, World Peace Day- drawn from every state of the Union, from to emphasize the need for spiritual solutions every walk of fife, and from a wide spectrum to critical human problems. of ethnic backgrounds. For example, blacks 'T'hose of us imbued with Baha'i principles constitute some 30 to 35 per cent of the of world unity are ever conscious of the Iran- American Baha'i population, and more than ian origins of our religion. Baha'i scripture 50 Indian tribes are represented in the Com• assigns to Americans a distinctive tole to. munity. Iranians make, up no more than ward the establishment of world peace. Be. eight pet cent of the membership, and the cause the United States Baha'i Community majority of them arrived here in the last is connected historically and spiritually with three years its the persecution of the Baha'is Iran, the have a grave concern for the fate of intensified in their homeland. our long-suffering Iranian brothers and sis• The Baha'f national community spreads ters, who for 138 years have made incalcula- through 7,400 localities, The 1,600 locally ble sacrifices of comfort and of life itself for organized communities art administered by beliefs we hold dear, elected bodies called Assemblies. The activi• Over the last three years, our National ties of the assemblies are unified and co. Assembly has been under constant pressure ordinated by the National Assembly. from the members of the Community, who The spiritual heart of the community is have urged the Assembly to protest the the world-famous, architecturally unique horrible treatment meted out to their Iran- Baha'i ;louse of Worship situated on the ian brethren. It s'.rould be noted that the 12 W(Mill) ORDURI St'It1No 1982 Iranian Haha'i Community has not requested feremes with Iranian officials, and through its to do anything oil its behalf. It is in their proposed resolutions, And we are also response to the letters, telegrams, lelephorle grateful for the assistance of various agencies calls, and personal appeals of the American of the DVI)RIUnent of State and the DCpart- lTaha'is, and in response to its own sense of moat of Justice. We recognize the importance grief, that the National Assembly has at. of the ac'ticaas of the United States represen- tctnnt(ld to bring the heartbreaking story of tatives to international agencies like the the: I crsecmions to the press and to our GOV. United Nations FRu»nn Rights Commission ernment, At beta our Assembly has been and the United Nations SnI)COI11111tSsion on So pressured by the acure distress of the the prevention of Discrimination and Pro- American ITalidis that it has tdvtsed them tection of Minorities. to write to Congress. Moreover, our Com- While we feel tie)' could do more, the ultmit y addressed a number of appeals IMISS media have given significant publicity through letters and cablegrams to Iranian to the crisis facing the Baha'k in Iran. Governolent officials here and in hall, in. Nonetheless, a sense of helplessness frtus. eluding (lie head of the Islamic Republic, crates uur Conln10riky. Notting lifts the op• bur to no avail. pression of the Iranian Ilaha'is. The re-Au. It k not our pra!me to denimism e in tions of national governments aitd interna• public. Rather, we make appeals to tits con. tional orgattzatiorns go unheeded. 1'et the science of nor f,dlow citizens and to those Iranian leaders do pay attention to outside in a tithorita. But the ruesoine and unending opinion..tk recent Ncrr Yorf, Timer editorial lengths of the atcccks pon the Iranian about the execution of III Ilaha'i Icad•rs Baha'is push us coward n-,aking it public issue evoked all angry published reaction from a of their suffering, government spokesman in 'T'ehran. Out frus- The takeover of the United States Fan, trations notwithstanding, Americans cannot hussy in 'T'ehran in 19"9 reduced at that time relent in exposing the horrors in Iran, our possibilities to act on behalf of to The heartrending situation in that country Iranian liaha'k Not wishing to cxacerhate Inns produced other direcr concerns for the the problems for the united States Govern. Anu•rican Raha'i Community: nlenr, we refrained front making public t I) The spread of anti-hahu'i propaganda statements. Yet it was precisely during the m the United States by representatives period of the hostage crisis that the persecu, of the Iranian Government and fimiti• Lion of the Iranian 11 hat'is entered it new and cal lilamic Intniruts residing or studying onllnous stage. A move to eliminate the here. Baha'i leadership was launched and has con- The attempts I)), these fanatics to dis• tinned unabated. Since the return of the mpr the activities of American Raha'is American hostages, we have redoubled out ou American soil, as has occurred in efforts to inform the public and our Got,- iNdorgantown, West Vrirginia; Reno, ernment concerning the worsening situation. Nevada; Minneapolis, Minnesota, and eisewhere. (3) The sudden influx into the United \\rtt openly state that many helpful responses Stites of thousands of Iranian Baha'is came front the members of both Howes of seeking refuge front persecution, Congress. V'r. thank Congressmen and Sena- (c1) The cut-off of funds to Iranian f3aha'is tors for their efforts to relieve the grief of stttclyiag ill United States collcgcs and the hardpressed Iranian Aalaa'is through their universities. outspoken and recorded statements, their let- (5) The decision of the Iranian Govern- ters to de Traniin Goverrlnlent, their con- ment to instruct its consular offices RVACTIONS OP AnUtatcAN IIAIIAS J 4 worldwide not to renew clle Passports ple constantly retnindcd (11(00911 fre- of lraniaiti IbIll'is living abroad. quest public statenlc:'ts flier the world (G) The limertain fate of Iranian Baha'is is watching lahar they (10 to the Saho'is stranded in countries to which they hnve and mill not tolerate it, fled and having difficulty getting into (2) Prevent Islamic Iranian fatlatirs it' ;Itis the Uniu\I States. country from curtailing the freedom \\'e cite these concerns in the huge thM Nvhich American 13nha'is share with their the actions of our Governmen( and of our felloly citizens to elect in pence In the fellow citizens will have the following out- (3 ) Assistlthose sIranian I1aha'is who seek i onll" (I) Kccp the Iranian Government and Peo• refuge in the United States. • ~ ~ J~ . .y~ . + ~ ~ ~ ~ 1 e. • • f x 43 .o A'R i ~ L t~;. . `tZ ~ -a 4 ~ ~ ..,'g„ ~ M ~ ~ ~4[ , a.` ~ ~ ~ F 1 fi ~ 35 The Assault. Upon Iran's Baha'I's I REPARI D S'T'ATEMINT OF THE NATIONAL SPIRITUAI, ASSEMIALY OT' 't'uft. BAIWA S OT' TM: UNITED STATES 1. Tho Offic dd ASMUP/ charges, trial, public stmement, or notice to S INCE the revolution in 1975-79, it sys. their families. There was no appropriate buri• tenratic, government-backed campaign al. After their bodies were accidentally dis- m erAlkille the Kllla'i faith as an inde- covered by [iaha'is, the government at first pendent religion in Iran has gathered mo. denied the executions, to the +ttter disbelief nlennun. The genocidal campaign has been of the international press ,sad of the U.S. characterized by the execution, arrest, abduc- Department of State, but finally conceded tion, and torture of the community's leaders; the executions. Similar fates---summary art iut lcks upon its holy places, centers, and rests, torture, and execution--have befallen cemeteries; the confiscation and destruction Raha'is serving on Meal assemblies in vatri- of its properties; the expropriation of the ous cities: two in Tabriz; seven in Yazd; accts of the yonununity and imlividuals; the two in Ahadch; :hrec in Shiraz; seven in seizure of it; sacred titer tme anti records; Hilmadan; seven in Tehran; seven again in and by it general denial of futnlamental hu. Titbriz; this Jatrliary, six more in Tehran. 'T'he elan rights to its members. list goes on. The assault on Halia'i leadership ')satin Item' Yam.I-all--September 1`15x1. with the illx llc:( on, dk;lppcaaranre, and cyan- Seven memhecs of the Spiria mi As. lion of liaha'i assembly members thl-Oltghout senlhly were summarife :arrested and Iran, The 11.111.6 community has nn clergy executed. 't'heir hoclies were branded Its all'airs me directed by national Mill Mill l:tlialtes of Islam." bamrdsof trustees (called "assemblies"y elect. Item. Ilanladan, Iran--June i5, 1951, cd annually by the incmbcrdiip. Since the After four hours of continuous to!ture revolution, more than 100 national and local -broken buries, cuts, burning of puts assrlnhly rnemhers have been arbitrarily Ear- of the body---seven of die nine Incur rested and executed; itnd ianother 200 are hers of the I Limadan Ktba'i Assembly missing, One hundred and fifty ( I in) more were executed, are known to be languishing in pris(ln, sualc As leaders and rank-and-file Billm'is faced for more than a year. The fate of the nine- executions, tortures, and arrests, the govern- inember National rlsseml)ly of Iran elected went activated it symemmic plan to con. for 1980- 81 can only he surmised: all nine liscate, dismalille, destroy, or desecrate every rnemhers were abducted and disappeared on significant lialidi h.rly ph ce and center in August 21, 1950, and must be presumed Ira.. In July of 19-19, the nationial adminis- dcad, trative center in 'T'ehran was conftsc;ued and 'T'heir elected replacements immediately converted into un Islamic university. Else. demanded that the government present where, local administrative centers were de• charges or exp►ain their disappa ranee, No su'oged. explanation was ever offered, Instead, anion 11eur; Gurgan, Iran--25 October 19'8. was taken against the new National Assent The local Tiaha'i center was set ;dire, bly: while meeting in is private 1101i1C last the trees uprooted, and the fornisnings December 119811, eight Assembly rnemhers burned. The G~ year-cud caretaker and were arrested and secretly executed without his family were stripped of it]] posses- , 16 %X1(n t.n Ollnlia: SPHINn 1982 sions and left homeless, took liver the company and purge it of all In hlardi of 190 the House of the Bab— Ilaha'i clnployco, 'I'sle same ha, 1 cned to One of the tty'U Illllet:enth•CClltlll'y' prophet- Nawllilhalan, a savings allli loan C.RtOsitioll founders of the llaha'i Faith----teas occupied primarily for the benefit of Baba! ;hildren, by arnled men on instruction front the Con• when it was occupied by ^rmed min in Feb. A Revolutionary Comn)ittec, iron's US, roary 1979 and its Ilah;t'i employees dis, representative Shahriar ROLlbani and subse• missed, Only a fete months later, the .Mica, quentQ% the charge d'affaires, Ali Asghar Jett hospital was confiscated ansf closed to Agah responded to our expressions of grave Baha'is. concern with repeated, written assur roes llem. Tehran, Iran-May 1979. that occupation Was for protection of the The Misagiyell hospital, the only property, that the Provisional Revolutionary llaha'i llospital in the owas Islan,ic Government had no intention to conliscated and its elder: chnges damage or destroy in and that reports to the evicted. Many of them Irrt t eir asseti cOnlrary were purely inflanlroatory hostile with Ilse seizure of the E1.tha'i iovcst. propaganda, Six months later the shrine was well company. 't,owc m nihs later destroyed by it govc•rnnlcnt-led Mob, the re. Revolutionary Guards questioned mains thoroughly demolished, and the site prof. NIMILICllihr Ilakirlt, a medical Paveel over. The importance of thi, only puce scientist renowned for Iii; discoveries for llaha'is is equivalent to the importance of ill artatonly, and co-foun in of Misr the C:hurrh of the Nativity in Bethlehem for giych whose l u ionialrian services Christians of of the Kaaba in Mena for Mus. won him the French Lei;r n of Honor lints. In Tikur, the I louse of ll;lha'lt'llnll-- ll ON Refusing to prow de than in. rile other prophet-founder of the lbha'i Faith h,rmadon on outer Mahal physician: -was occupied in hehruary 1979 by armed and the administration of Misagiyeh, men (']Hinting to be from the Revolutionary he was murdered in his p.-k- to clinic Council, then totally demolished last Decem- in January 1981 and hie home was her. The I ulds and gardens have been offered confiscated inutcdiately thereaft--r, for public auction. Similarly, the grave of The government began concurrently to col (hlddns, a revered saint and hero of the Faith, oih the jobs and inrontes of K-Jla'is. When was confiscated by the Islamic Conlnlittee. the eductuion ministry was undrr Mohant• lundreds of other historic sires are now he. nlcd Ali VIA in 1919, 19cho announced ing demolished in it fresh campaign. that RaWs would be dismis<ed from the Soh has been with the assets of the Ilaha'i education departnenr unless they denied TO Faith in Iran. Although the Iranian Italia i faith and became Muslims. The dismissal conununir, has never been allowed to hold notices also threatened rescission of salaries comnwnhy property in its own name, it has paid in the past. Pensions were denied to vested contnxtnity properties occumnlated those discharged. After Nf.. Raiai became the over the last 1314 years of its existence in Prime Minister, a circular letter was issued special holding companies. Privately owned to all government branches instructing the Raha'i institutions {such its the renowned dismissal of all Baha'is. Pensions of retired Misagiyeh hospital in Tehran) have been 1lalla'is were cut off by the Ministry of Dc- able to offer ranted public services to Bahals fence. 't'his past February, an insurance con. and non-Haba'is alike, Ill May of 1979, the puny was instructed to deity a Raha'i widow Owana company vvas confiscated by the gov- her husband's pension, Ranks were ordered, ernment, along; with the one thousand 11aha'i last August, to submit lists of all llaha'i ac. properties, including; the holy, places, religious Counts, while provincial governments began sites, cemeteries, local centers, and welfare the following rnonth to deny licenses to institotians it held. A governnrenr o1 icial flaha'i shopkeepers and businessmen, TIIIt ASSAULT UPON IRAN'S nAllks 3" liem: Yazd, Iran-8 August 1981. ing machines of individual Bahti is were The government froze all assets of seized throughout Iran, The next month 117 Baha'is, while local radio an- the books and papers of the National Center nounccd the summons that the heads were seized, and the Publishing Trust was of 150 prominent Baha'i families closed and scaled. The grave harm of this should report to revolutionary authori• action can be assessed only by appreciating ties or risk trial in absentia. the obligation imposed by the founders of The assault on the adult community was the religion upon individual Balia'is to read coupled with attacks on the education of their sacred literature dai[h and to recite pre. young Baha'is. Although the Balm% had es- scribed prayers. The damage is aggravated by tablished the best primary and secondary O! e fact that Iranian history books have been schools in [ran, open to children of all re- purred of Baha'i references, ligions, the government in 1931 closed all Even the dead Baha'is have not escaped Balfo'i schools, After the revolution, the gov- the attention of the government. Baha'i cem• ernmcnt began systenl;uirally to refuse to eteries throughout the nation have been con. register llaha'i students for public primary liscated and ruined. Decrees in Chaltbahar, and secondary schools, to expel Baha'i stu• for example, forbade the use of Baha'i ceme• dents from advanced programs, to force them teries. The cemetery in Avak was denloF<1•.ed to repay scholarships, to deny diplomas to and the remains of the interred removed, Baha'is graduating from tsrofessional schools, Baha'i tombstones were levelled and and to dischariv Baha'i professors from uni. smeared with human excrement ill Shiraz. In versify fJL11160. Iran even exported this dis. a nation with only denominational burial crimination to the United States: in August grounds, the confiscation arid destruction of of 1951, the education ministry denied per. cerneterie; left Balla'is with nowhere to bury mission to send foreign exchange to Iranian their growing numbers of dead. Baha'i students overseas f including it number Win. Tehran, Iran--5 December 19ti1. in the United States), effectively cutting off By Revolutionary Court order, the fends to study abroad. Baha'i cemetery in Tehran was seized !tent: Isfahan, Iran-July 26, 1981. and closed, Bight workers were arrest. A Baha'i student in her sixth and final ed and the graves desecrated. Tens of year in medical school, was expelled thousands of 'Tehran Baha'is were left for being a BAha'I without burial grounds. Consequently, . 13aha'is were buried in a corner of the Item: Washington, D.C.--November 1981, Muslim cemetery reserved for infidels. Iranian Baha'i students at George Through all of this the government Ifas tit. \Crashington University, in their final telly refused redress to the l3aha'is, has ren• year of engineering studies, were cut dered dual virtUal aliens in their awn land off front money by new Iranian rules and stateless abroad. When, last September, denying foreign exchange to Baha'i Balia'is in Yazd were warned to report or stlf. students abroad. fer in absentia trials, and 10 Baha'i prisoners For a religion which considers education a (one a 75•ycarrold woman) were transferred religious duty and which is dedicated to estab' to revolutionary court prisons, high-ranking lishmg urlivcrsstl conlptllsory education, the 'I'ellratl authorities refused audience to N. loss of access to academic training is par. ba'is. When, last ,Jul)' in Kashan, a Baha'i ticularly painful. child was kidnapped from her parents by her Along with attacks on formal education Islamic teachers, local authorities refused to came assaults on Bnha'i publications. In Jan- assist in her parents' search. The Constitution uory 1979, private papers, libraries, and copy- adopted in September 1979 accords rights to 38 WORLD ORnIIR. SPRING 1982 other rcligfrnts minorities (Christians, 7.oro• anti•Babal organization in that era, and by astriaru, and Jews) except the largest minori• nicrnbcrs of Tablighat•e Eslami, an anti- ty-the Baha'is, who number .300,000--loo,- Biha'i squad formed by the clergy with the 000. In March of last year the I ligh Court of cooperation of the SAVAK. In perfect re- Justice in Tehran upheld a lower court's de Ilection of official policy, mobs have seized vision to sentence Baha'i Assembly members and killed individual Balials: one was tor. to death, The confused verdict cited partici• cured and hanged in 'I'ehran; a 70-year-old potion in Balia'i assemblies as crim• person beaten to death in Shiraz; one was inal in and of itself, and punishable by stoned u> death in Andrus; two were burnt death--a precedent for exterminating vir• alive in Shahmirzid; two others were burnt tually every Balia'i leader in Iran. Indeed, the to death by a masked gang in Nuk. Hobs members of the Nitional Assembly executed have Incited and burned private homes late last year were denied even a formal throughout the country. At Ayatollah Sad• procedure: no charges were file.•d, trial held, dugi's urging, I3aha'i horses were attached in or onicial publicity given. This erosion of Yazd. Preachers instigated a mol: attack on civil rights has been extended abroad: last Baha'is in Milan using loud speakers from fall the government instructed its consular the mosque. In Mashhad Daha'is were driven representatives everywhere to compile lists from their homes, their door: burned, their of Baha'is and either to confiscate their pass. orchards and sheds set afire, the grave of a ports or to let them lapse, child plowed under, the survivors forbidden drinking water. In Shishvan, a Baba' re• ll. The Mobs Unleashed turned from out of town to find his home THE MAGNI'rUhli of the governmental as. looted and barred, his orchard destroyed. Sault oft the Malin'! community cannot be Outside Isfahan, Bahals fled to tent•ciries in overstated. At stake is the survival of an the desert after their homes were conliscated, independent religion. But the conditions i•n, The list is long: 31 homes burned and looted posed on the community :tS a whole have in \farvdasht; the Balia'i ccnter razed; the also produced individual private horrors Balia'i center tend cemetery destroyed in which might be forgotten in the scope ;and Arabkhayl; shop svirndows broken in Babul• figures of overviews, Individual Bahals have Sir; farm products burned with homes in watched their homes, businesses, and families Bagltestan, cruelly destroyed while suffering relentless Item: Manhhad, Iran---11 August 1981. intimidation and humiliation. The tolerant Government official from Yazd or- and peaceful nature of the Bnha'is has spared tiered revolutionary guards to seize their assailants the fear of violent retaliation. furniture, crops, and lk.-stock of local To make matters worse, the Bahals have Balfa'ts. no recourse for redress of grievances. Item: Imamzadilu Quasin Singsar, tran- The rice of anti•Bahal organizations and 12 December 1978, self-proclaimed enemies of the Faith to cir• People entered Mr. Laqu'is house, cles of influence in the government embold. drenched Itim and the furnishings in ened mobs of fanatics and nrtliCious individ• gasoline and blocked his exit, lie lost uais to attack Baha'is with impunity. all belongings and sullered serious Shaykh Mohammad Taghi Falsali, an anti- burns. Bahn'i preacher who spawned a surge of Businesses were burned, a clinic- dynamited. persecution in the 1950s, is currently one of Pressure- was put nn private employers to Ayatollah Khrnneini's favored mullahs. The discharge Buhal eropluyecs, and most cone voverntnenr is heavily inlluenced by A njo• curred, nutme•Ilnjjatiyelt, which originated as an At the same time, the families were im. I 'I'Hli :1SSAUr.'I' 11110N IRAN'S 11A11A'-(,, periled, There developed a practice of con- llf. The Spurious Charges fiscaling the property of executed Baha'is, e,11{t: ccw HttNMENT and clergy of Iran have ,shout judgment of confiscation and with. attempted to justify the atrocities perpetrated out coruideradon for widows and children upon the Baha'k by recitinzt spurious charges. left homeless nod harassed, lit Khurmavv a In their attempts totally to discredir the home was plundered, and a family severely Baba i Faith and give some historical pretest injured while protecting their daughter fror.v to their allegations, they have promoted fab• rape. In Kashan an underage Baha'i girl was ricated accounts of the origin and purpose abducted and forced into marriage with a of the Baha'i religion, to which they fre• Muslim. In Klmnih seven-year-old arid four- quentiy impute political motives. For ex• year-old children were assaulted and beaten rumple, a letter from the Iranian Fmbassy in senseless with tdn n he hearings Buenos Aires, Arbentina dated 20 Se tem• nail-tipped sticks t were resumed when they showed remaining ber 19'9, and replying to inquiries about signs of life. the persecution of the Beha'is, stated that The dead were also attacked. Wanton dis• the Baha'i Faith "was originally established interment of bodies mctlrred in various by Russian Tsars and British imperialism, and places, such as I lamndan and Yazd. that it is being backed by Israeli and Amer Through it all, the llaha'is have been sub. ican imperialism." Anti-Baha'i propaganda jeered to ceaseless harassment, intimidation, published by Iranians inside and outside and Inumiliation. Iran has echoed this fabrication. A recent Item: Ten villages around Hamadan, Iran example was the circulation in the United -2 December 1975. States of the article "Question of Baha'is," Mobs attacked and looted the houses published in the April t, 1982, issue of of all Baha'is, set them ablaze. and Islan!ie (.'uhy, it newspaper published by tortured Baha'is in an effort to force Iranians in Ottawa, Canada, them to recant their faith. Some es. The misrepresentation of Baha'1 origins is called and lied. bared on a fake document created in 1938 by In Alnwaz, the radio broadcast a hlanket a group of mullahs in Mashhad, a holy city threat to all Baha'is, who were met at their in eastern Iran. The document purported to homes, searrlned, and told to recant. School be the Persian translation of the memoirs of children were subjected to constant hartss• n "Prince Oalqurki," presumabiy Prince ment to try to get them to recant. In Naysln„• Oolgornrkov, wh 1 had spent time in Iran in bur a mob destroyed a Baha'i cemetery and the service of his country. According to this local authorities billed tine Baha'is two tmil• invention, "Dalqurki" was sent to Iran in lion rials for the damage. In Yazd, local au. 18,14 hp the Tsar Alexander 11 to weaken thorities submimA bills to Baha'i widows for the country by undermining Islam. "Dal• the hllllet5 used to execute their husbands. qurki" pursued this task by creating a re- The mob actin, t against the Baha'is in ligion, the Babi movement. In their ignor- Iran has been ..xtenAcd sonewhat to other ante the authors of this fiction were unaware countries including the United Stares. For that Nicholas 1, not Alexander 11, was Tsar example, on March 27 this pear, the Baba'is in 1844. Moreover, they did not know that of Morgantown, West Virginia, were pre- Prince Dolgorukov had served in Iran in vented from holding it prayer meeting when 1831, which predated their story by 13 a ,group believed to be Iranian students years. threatened the management of the hotel in Even though Iranian scholars, including which the event was to have taken place. the anti•Balm'i historian Ahmad Kasravi and Similar incidents have occurred in Reno, the literary scholar Mojtaha Minovi, saw Nevada, and 'Minneapolis, Minnesota. through the deception, the "Dal(lurki" men). 40 WORLD ORDER: SPRING 1982 oirs continued to influence Iranian thought, loyal and subversive activities, The Baha'is As recently as it month ago this irdhtence was are taught in their sacred scripture to make reflected in it statement attributed to a promi• ttcinsolves useful members of socicty, to rent clergyman !it the northern city of Ta- serve humanity, to be loyal to establis!-.ed au• brie. The 21 April 1952 issue of Ka,iban, it thority, and to avoid partisanship, nationally circulated -spaper, quoted The clergy and Government accuse the Ayatollah Madakooti ;is , +g; "In recent Baha'k of having been supporters of the times the imperialist superpowers, in order Shah and of having run the SAVAK, to prevent the progress of Islam and to the political secret police, when in fact the create discord between Shi'ihs and other Bithit'is were persecuted under Pahlavi rule sects, began spreading different sects. For in. and became victims of the SAVAK, While stance, in Hijax and in India the British, the Baha'i community was not as severely and in Iran the superpower of the Bast, went oppre!.ted under the previous regime as un• into action and created this sect of 13nb der the present otte, its members nevertheless and Balm. Then when they saw that people were deprived of fundamental human rights. will soon discover this ,ect to be without The Baha'i I'aith was not recognized as a foundation they eliminated the founder of religion having the same rights as those ac- this sect, the British themselves placed him corded to other minority religions in Iran, in front of it cannon and :q this very city of 7'hc Baha'i community could not own prop. Tabriz," cm), in its own name, Marriage according to In Mid, in the southern city of Shiraz, it Baha'i rites was denied ollic'ial sanction. young merchant, Seyyed Ali Muhammad, Baha'i schools everywhere in the country proclaimed himself the Bab, or (Gate. He were closed. said he was a new prophet and the herald In 1955 the Government and clergy col- of it still greater divine messenger % ho would laborated in it large-scale attack oil the Baha'i soon collie to establish righteousness and community. At one of Tehran's mosques, peace on earth, The Bib's claim stirred much Shaykh \fuh;unmad Tagi palsafi, it fanatical opposition by the clergy, and tae was executed mullah, daily urged his flock to ripe up in 1850. Thirteen years litter, Mimi Ifusayn against the "false religion." He was permitted Ali, who had been exiled from 'T'ehran to to preach incendiary sermons over thegovern- Bnghdad because of his prominence in the menr radio. The Cifect of the broadcasts was Babi community, proclaimed himself to be inamehi(c. On ,Mny 2 (lie police locked the the one promised by the Bah. He became gates of the Baha'i National (:enter in 'reh- knoavn „s Baha'u'llalt and his followers, who ran; five days later the building was taken nt first were drawn from the majority of the over by the army. On 'May l' the Minister Babis, were called Baha'is• of the Interior proclaimed in the parliament Because tae clerily forbade Muslims to that the "Baha'i sect" had been banned. A Wild Baha'i literature and there was no way contemporary report described what ensued: open to llaba'is through naasS tbmvaaunica- 'rhis was follow:d by an orgy of senseless tions to explain their origins or beliefs, even murder, rape, pillage, and destruction the the most educated and well-meaning mem- like of which has not heen recorded in bers of Iranian society remained ignorant of modern times. The dome of the Hazirntu'l- the true nature of the Baba'i Faith. Quds (National Center) in Tihran was The Shiite clergy and the Go\cmnient ic• denaulishccl; the House of the Bab was case the Baba'i faith of being n political con- twice desecrated and severely damaged; spiracy serving the interests of foreign pow- Bahn'u'llah's ancestral home in 'faker was ers, including the United States; yet it is it occupied; the house of the Bab's uncle fact that llaha'is everywhere strictly avoid dis- was razed to the ground; shops and farms 'rill? ASSAULT UPON IRAN'S BAHAIS -11 were plundered; crops burned; livestock came a Balia'i, Prime Minister Hoveida was destroyed; bodies of Baha'is disinterred in never a Baha'i; his father had been one but the cemeteries and mutilated; private was expelled from Baha'i membership. Hov• homes broken into, damaged and looted; eida always insisted t'„ at he was a Muslim adults execrated and beaten; youtsg women and showed open hostility toward the Baha'is. abducted and forced to marry Muslims; It is relevant to state here the basic Baha'i children mocked, reviled, beaten and ex• principle that belief in a religion springs pelled from schools; boycott by butchers from the free choice of individuals and cannot and bakers was imposed on hapless vil• automatically be inherited from an earlier lagers; young girls were raped; families generation. Unless an individual-even the murdered; government employees dis. member of a Fiaha'i family--independently missed and all manner of pressure brought attests to belief in the Baha'i Faith, he or she upon the believers to recant their faith, cannot be regarded as a BahaT This principle is well established in Baha'i communities Only the outcry of world opinion abated the fury of the assaults upon the Baha'i commu• around the world. nity. The accusation that the Baha'is collabo• The same Mullah Falsali who aided ano rate with Zionism and Israel stems from the abetted the participation of the chiefs of the fact that the international administrative imperial army in the destruction of Baha'i center of the Baha'i Faith exists in Haifa, property in 1955 moves in the inner circles Israel. The Naha i world center was estab- of the present regime. lisped in Israel because 114 years ago the government of the Ottoman Empire forcibly It is true that Baha'is occupied important brought the founder of the Baha'i Faith, administrative posts in the Pahlavi govern' Baha'u'llah, and His disciples to Akka, which lnent requiring specialized competence; how' was den in the wovince of Syria. Baha'u'llah ever, they did not hold political office, be, (lied in Akka, and ever since then the twin cause they would have been expelled from cities of Akka and Haifa have been the spin. Baha'i membership. The Baha'is were not tual center of the Baha'i Faith long predating favored by the Pahlavi regime. On the con' the State of Israel. Bauaa'i pilgrims from all trary, they were exploited because, aside from parts of the world regularly travel to Israel to having needed competencies, they could be visit the Shrine of Baha'u'llah, and other sites trusted not to engage in anti-government ac• closely associated with their religion. Thou• tivities, When the Shah insisted in 1975 sands of Iranian Baha'is made this pilgrim. that all Iranians join his Rastakhiz party, ;age during the titne when they were permit. the Balta'is refesed, preferring to risk the ted by law to visit Israel. In accordance with consequences than to become involved in the clear requirements of the Baha'i Faith, partisanship, This fact clearly demonstrates its world spiritual and administrative centers their innocence of the chargf that Baha'is must always be united in one locality. Ac. were supporters of the Shah. cordingly, the world administrative center of The Baha'i community was never associ• the Baha'i Faith has always been and mast ated with the operations of the SAVAK. The continue to be in the Holy Land. It cannot Government's repeated assertion that the be relocated for the sake of temporary po• SAVAK officials General Nasiri and Parviz litical expediency. Contributions sent by Sabeti were Baha'is is entirely false. Equally Baha'is to their world center in Israel are untrue is their claim that former Prime Min. solely and exclusively for the upkeep of their inter Amir Hoveida was a Baha'i. Nasiri had holy shrines and historic sites, and for the no connection with the Baha'i Faith. Sabed's administration of their Faith. Almost all father had been a Baha'i for some time but Baha'is in Iran have made such contributions, drifted out of the Faith; his son never be- and this innocent action is used to support 12 WORLD ORDUK: SPRING IM charges of their collusion with Israel. Furthermore, by promoting the oneness of The clergy regularly accuse the Haha'is of mankind as its pivotal principle and by promoting immorality and prostitution (a envisioning a federation of nations tinder a capital offenee). Tlicir reasons are spurious, world government, the Haba'i faith shatters A basic Haha'i principle is the equality of 5ltiite notions of exclusiveness and monopo- men and women. Unlike Muslims, BArt'i lisric possession of power. Consequently, the men and women are treated m equals, are Balm'is are frequently accused of being the not segregated at Haha'i gatherings, and serve enemies of Islam, which in an Islamic re. together on Baha'i administrative bodies, public, also means enemies of the State. These facts offend the clergy. Moreover, be. ~tonetheless, it is it fact that wherever the cause the Baha'i faith is not recognized in Haha'is have spread thei religion, they have the constitution, Hnita'i marriage is succeeded in spreading reverence for Islam riot sanctioned by law. The issue from such and its prophet. They have also taught their marriages are, therefore, not recognized as fellow-believers in more than 100,000 locali• legitimate, Since Balm'! marriages are not ties around the globe to love Iran as the recognized, Baha'i twnnten are called prosti• birthplace of their religion. totes. Indeed, last February, it was decreed in In former and simpler times, the Shiite Shiraz that it Baha'i widow hid no right ei• clergy did not need to invent jusrifications for ther to receive pension from her husband's their hatred of the Baha'i Faith. Back then insurance or to retain custody of her children, Ilmy persecuted "heretics" and (lid not have Contrary to franiin practice, the United to bother with notions of religious tolerance. States Fmbassy in the 19?05 properly rec. The Bab's announcement of it new religion ognized Baha'i marriages for visa purposes, in 18,11 precipitated violent reactions from The root of the discrimination against the the clergy-controlled state. He was intpris• Baha'is is purely religious, The Musfim clergy ()tied and tftert executed. During the time of hold that Mohammad was the "seal of the his ministry and shortly after his death in prophets" the last of a series of prophets 1550, some 30,000 of his followers were going all the way back to Adam. The Hiha'is, slaughtered. Baha'u'llah, the )rophet whose however, believe that the dialogue between advent the Bab heralded, wr.., exiled in 1853 God and man can never stop, that Ralta'11'11ah from his native Tehran to Baghdad; subse• was a prophet of God equal to Muhammad, quently, he was exiled to various Darts of tite and that in the future there will be others Ottoman umpire; finally, he was taken to who will continue to bring divine revelation the fortified town of Akka, then in a prov• to humanity. The belief in progressive rove- ince of Syria but now Israel, where, after 24 ,ation is b;;sic for lktha'is who, therefore, ac- )'cars as a prisoner, be (lied in 1892• ceps as fut',damental t,uth the unity of pur. Since tiler, the Baha'i faith has spread to pose of the foundr's of the world's major more than 300 countries and dependencies in religions, including Zoroastrianism, Bud- which have been established 130 Balta'i na- dhisnt, judaism, Christianity, and Islam, tional assemblies and more than 26,000 local Moreover, llaha'u'llali abrogated particular assemblies. These facts seem to have made Islamic laws, such as holy war, polygamy, little impression oil Iran, Today, the Muslim certain dietary laws, and regulations concern- clergy are as dewrntined as ewer to eradicate ing ritual purity. The Shiite clergy are of- the Baha'i faith, but feel that they need fended by the Baha'i principle of e(jualit}, elaborate justifications for their intudcrous of men and women. Perhaps even more up, acts. setting to them is the fact that the Haha'i Iran's denials of religious persecution ring faith does not have a clergy but is, instead, hollow against the overwhelming evidence governed by democratically elected bodies. cited so far. The accusations of the govern. TH13 ASSAULT UPON IRAN'S nAIIA is 4 ment and the clergy are an obvious smoke. Kayhau, the Tehran daily newspaper, re- screen for religious fanaticism. Time and ported that a number of Baha'is had re- again the persecutors have confirmed by canted and the village was given a new their own acts that their charges are ground- name. less. The fake trials of the Baha'is never deal -Baha'is sentenced to death were inevitably with the substance of any of these accusa- offered life and freedom if only they tions; rather, the prosecutors attempt to would recant their faith. learn about the operations of the Baha'i com• For 1 38 years the Baha'is were turned munity and to force the defendants to recant into the scapegoats of Iranian society, As their faith, their numbers increased, they became an The elaborate accusations and widespread even more attractive target for demagogic at. attacks are aimed at two alternative objet- tacks by those who wanted to distract the tives: recantation or death. The evidence is public or create turmoil, Since the Baha'is overwhelming, emphasized education and placed high value --a couple in whose home tike members of on work, they achieved a relatively high the Tehran Baha'i Assembly met when standard of living, which made them promis. they were arrested in NovemK,i 1981 ing targets of pogroms. Last but not least, were put on trial. The wife retused to re- the tolerant and peaceful nature of the cant, was sentenced to death for espionage Baha'i community made it possible to attack and executed. Her husband recanted and Baha'is without fear of violent retaliation. was set free, fully absolved of the charge of 0 spying. IV. International Lain Azizullah Gulshani, of the northwestern Tins systematic pattern of gross violations of city of Mashhad, was hanged on April 29, the rights of a defenseless religious nhinotity 1982, by order of the revolutionary, court. violates every internationally recognized Kayhau, the Tehran daily newspaper, re• principle of human rights. The Universal ported that he was convicted of heresy, a Declaration of Human Rights, of which crime punishable by death. Iran is a signatory, guarantees individual --An order demanding the purge of Baha'is rights to life (§3); marriage and family pro. from the education department made the tr,tion ( § 16) ; freedom from arbitrary inter. promise that "if Baha'is convert to Islam, terence with privacy, family, or home they will be reemployed." (§12), right to security in widowhood and -Dismissal notices by revolutionary courts old age (§25); equal protection of the law, said that jobs would continue "if the remedies for infringements, and access to Baha'i workers and employees repent and public services (§§7, 8, 21) ; free expression adhere ro the Islamic [thna 'Ashari creed 019); free association (§20); freedom and publish the same in the widely from arbitrary arrest and detention (§9); circulated newspapers with their photo- fair and public criminal hearings (§10); graphs." freedom from torture (0); freedom to --Baha'is in the village of Vadiquan were manifest one's religion in teaching, practice, herded into a stable into which smoke was worship, and observance (§18); freedom funneled. On the point of suffocation, from compulsion to join another religion they were taken to a mosque and forced (§20); the right to work 023); to own to recant, property individually and in association with -Baha'is n the village of Saysau, near Ta• others 17) ; and to have that property pro. briz, were given a month to decide wheth• tected from arbitrary deprivation 17); not er to convert to [slam or suffer the con. to ne arbitrarily deprived of nationality sequences. The April 26, 1982, issue of 15 and to be p,ovided education which 114 WORLD ORDl:R: SPRING 1982 promotes understanding, tolerance, and cannot permit it to continue unpunished by friendship among all nations, racial and word or deed. religious groups (§26). The flahdis are being ruthlessly deprived V. Cnucluri,:» of all of these fundamental human rights. IRAN ,s action has been labeled international And tile), have no recourse for redress of crinies by the United States Department of grievances. They are arbitrarily harassed, ar• State, has been recognized as "well planned rested, detained, tortured, forced to recant, genocide" by Annesty International, and executed, deprived of citizenship at home, has been roundly condemned by the inter. and rendered stateless abroad. Their widows and elderly are left homeless and penniless; tmlion;tl press, by the Swiss Federation of their leaders are exterminated, often secretly; Australia, Protestant Canaudnhes, by the parliaments of their homes, crops, jobs, incomes, pensions, , C~, and P; est Germany, by , assets, centers, cemeteries, and 4110 European Parliament, by members of the property B shrines are confiscated, looted, desecrated, Boos, of Lords in the oifed Kingdom, by 1!1;111), ntemhers of this Congress, and by the and destroyed; their worship is made a United Nations I-funtnn Rights Commission criminal act, and their literature is sup. and hr its 5ubcomntissiun nn Prevention of pressed, 't'heir children are deprived of edu• ' d I)ntinariun and Protection nn of Minorities. cation and kidnapped; their families dero• Indeed, three Muslim countries joined in the gated and Jesrrrncd--all most;'utinI the unopposed resolution of the United Nations pattern of a systematic, willful ant" officially Snbcontmission on Prevention of Discrimina• sanctioned pogrom. The community is being Lion and Protection of Minorities calling on subjected to murders and to conditions of Iran "co grant r; (till protection of funda- life calcuhued to bring about its physical de. tnenttl rights ono freedoms to the Baha'i struction. It is by very definition genocide religious contnttutity in Iran, and by protect- punishable under the United Nations Gen• kig the life and liberty of (its) members." ocide Convention.' The civilized world 'Chas fur, Iran has not relented, Yet we continue to believe that the Government of 'Amide. 11 of the Convention on the Prevention Iran, as a member of the community of na• and Punishment of die Crime of Genocide pro. OWIS, nitiSt in lime 1•spcmd to the collective vicles (hat voice of instintticros .un•rmitted to justice. The In the pre;rnt Convention, genocide means I)aha'is in Iran cannot defend 'hemselves, nor any of the following acts commined tvieh in- can they speak on dteir own hehalf. It is our tent to destroy, in whole or in part, it nmional, ethnical, n,cial c•r religious group, as sucr collective task in the 1C est x, call the eaten. ra) Kikng members of dn• group; tion of the world to the horrors being per. tbl Causing serious bodily or mental Linn petrated in Irau. Many tinlc5 in this century' to mothers of the group; the u,,)rlcl averted its eyes when fanatics, (c) Deliberately indicrir on the group Cieta.:goglies, and dictators of various stripes conditions of life calculated to bring massacred natir.nal, racial, and religious mi• about its physical destruction in whole or in par, uorities or filled concentration camps with (d t Imposing measures intended to prevent °class encmi0s," depriving of their most fun. Wilk wid,in (III- group; damenral rights all those who dared to differ (e) Forcibly transferring children of the from their brutal orthodoxies even in group (o another group, thought. Decency, respect fur human rights, I Article IV provides that persons controhting gem) and love of one's neig ibur, be he ever so side shall be punished, "whc(hcr they arc coil. di.mant geographically, ire as indivisiblc as stinnionally responsible rulers, public officials or peace. Humanity cannot afford c, main si- privve imiividuals." lertt and by its silence condone t, c . horrors. , '1'lill ASSAULT UPON IRAN'S aAtIA/l/S 45 The Baha'is of the United States feel • Resolutions; Alaska; Illinois genuine sympathy for the long suffering • Statements in United States Congressional Iranian people. We pray for their peaceful Records and happy future, Yet %ve cannot remain in. • Resolutions by International Bodies different to the wfYcrings of our Iranian * Records of Parliamentary Debates and brethren to the hands of bigots who nave Resolutions; Canada; Australia; West no Compunctions abort shedding innocent Germany: United Kingdom--]louse of bloxxl. We call upon our fellow citizens and Lords our elected representatives to proclaim that America will not acquiesce in oppression and • Yuman Rights Commission of the Fed- rhat its perpetrators will have to answer for oration of Protestant Churches in Switzer- their deeds in the court of world opinion. land • Report of Amnesty International !i~'lil[?[TS • Official Documentation Testifying to I)is. • Map of Iran, showing location of evevrs crimination Against the Baha'i Community cited Since the Creation of the Islamic Republic • List of Baha,is executed in Iran of Iran • "The Baha'i Faith and Its World Com• • The Iranian Constitution munity" • Photographs of lxecuted Baha'Is IG WORLD 011MR: SPRING 1982 Appealirig to the World's Conscience A RRVIEW OF- WILLIAM SRARS' ;I Cry From the Heart.- The Urrbd'h i,r Inrn (oxFORw w7cw1t RONALD, 1982) 211 Pnalts + tkm,vND1X BY FIRIJY KA/TM`/`ADlill BOOKS have many purposes, Some are writ. of the brutal murder of the simple village ten to delight, others to frighten; some are couple, Mulianttnad and Sjikkar•Nisi', as produced to make money; others are their it is conveyed in these charged pages. No author's gift to the readers; sonic laboriously 11"ho'i lFbo listing of academic honors and explore elusive truths, others tell glib lies, accomplishments of professor Manuicliilur A Cr' I I' mm Me Henri is a record of pain l;lakfm could bring birn so close to the reader and anger born of love. as he is brought by Bill Sears, his friend and Mr, William Sears, a prominent American one-time patient. No olliciai report on the Baha'i, is n man of strong feelings that he execution of the members of the Spiritual does not want to conceal. In his long career Assemblies of the Bahd'is of 1'nzd and (-lam- as a sports broadcaster, actor, writer, and ad-An could tell the story of their voluntary prcxlucer of television plays, AVilliam Sears sacrifice, their heroism, their determination, developed to quick eye, it sensitive ear, and and their lack of hatred for their torturers a fast pen, Over the entire span of his full and executioners as graphically and simply and adventurous life he has perfected the is it is told here by their admirer and art of loving people and communicating with mourner Bill Sears. them not only in words but in emotions as Distance, the passage of time, and sober well, reflection are indispensable for the production However, the price of love is often pain. of detached, balanced, and complete history, wlicn blows fall on chose we love, when But how can a friend let time pass before suffering afflicts them, we cannot escape, sve crying out in pain and rage at the execution cannot remain indifferent. ConfraulCd with of those he loved? llow can one balance the enormity of the clerical assauit on the right and wrong, adjudicate between the Iranian BahiVls, among whom Mr. Sears had torturer and his victim, or strive for com- many friends, lie reacted with anger and pleteness, when houses are on fire, women wrote a book where everything is black it t l are raped, children are beaten and taken white, when it is not red with freshly spilled from their parents? blood. The book begins dramatically with the Bill Sears, as he is alTectionately called by NA' murder of the Ala'stimi couple, the only tens, if not hundreds of thousands, does not Bah,i'is in the village, Their home was at. pretend to be a spokesman for the Bah;i'i tacked by masked amen in the night, and the convnunity or its various institutions. ' bis Nfa'sumfs were burned to death. No one is a deeply personal, even idiosyncratic book; catne to their rescue, no ore offered help. and in that lies its principal value. No sta. The neighbors who witnessed the murder tistical compilations, no charts, no recitation did not interfere with the killing of infidels. of articles of treaties for the protection of Of course, the killers were It, t pun shed. human rights, could ever convey the horror Mr. Scars then lists specific acts of persecu- APPEALING TO THE Nl'ORI.n'S CONSCU NCP I'! tion of the Bahii'is in Iran, among them by the sliahs, drawing attention to the out- illegal arrests, ill, -gal trials, looting and con. breaks of government sanctioned persecutions fiscation of homes, arson, evictions, kidnap. in 1925, 5930-32, 1934, 1939-40, 1943- pings, illegat confiscation of private property, 50, and 1955. Opposite page 36 lie repro. attacks on Bahii'i children, burning of trees CIt1Ce5 a photograph that shows a high-rank. and crops, and slaughter of cattle. He es- ing officer of the Imperial army wielding a tablishes the sad fact that these crimes were pick-axe on the dome of the Bahii'i center and arc being committed with the knowledge, in 'J'ihrin, while other officers look on and approval, and outright participation of gov- grin. And so down the list of trumped-up ernment authorities and high-ranking mul- charges, every one of which is refuted with lahs, the two frequently being one and the strong and verifiable evidence. same. Ile then lists the standard accusations: While refuting the cliarges, William Sears the Bah;i'1 Faith is a subversive sect and a acquaints the reader with the basic tenets of political party that supported Muhammad the Bahii'i Faith and with the spirit that ani. RidA Shiih; the Baha'is are agents of foreign mates it followers, Again, he does not dis• powers such as Russia, Britain, and the guise his commitment. Sears is a believer, United States, as well as Zionist and Israeli open about his convictions and proud of be- spies; the Bahii'is are opposed to Islam and ing n mcniher of the Bahd'f community, His its Prophet, and insult the Holy Qur'iin; the sincerity is obvious and winning, It will earn BaliXfs rxcupied the highest posts in the hire the confidence of his readers. shah's government including that of prime The book ends with it number of docu- Minister and ran the dreaded secret police- menus that support the author's argument SAVAK. and provide first-hand evidence of the truth The author devotes an entire chapter to a of his contentions. There is also a list com• systematic refutation of every one of the old piled in December 1951, an honor roll of charges. He demonstrates casiiy and con- eighty-four Bahii'is who have been killed in elusively that the Bahn'f Paith is an inde- Iran since the summer of 1978. The list pendent religion and cites in support of this keeps growing. Some fifty names have been rather obvious truth the opinions of Arnold added to it between December 1931 and Toynbec, Raymond Piper, Edward Benes, and Mute 19`;2. More will be added in the future. Hugh van Rensselaer, 1-1e could have also This is it story without a conclusion, it cry cited the opinion of an Egyptian religious from the heart, one mare's appeal to the con- tribunal and of the scholars at the famous science of the world, Islamic school, thu Al-Azhar, who long ago decided that the Bah'i Faith was not a sect of Islam. Mfr. Scars easily disproves the allega- tion of favored status accorded to the Bahi'i5 .nar+.+vs.+wmuurvw~r.+a.+mrm nvu,eru.n+..enaw~eswiua+~:~w~un 48 WORLD ORDER: SPRINU 2982 ART CREDITS: Cover, design by John Solarz, photograph by 01enford H. Mitchell; p. 2, photograph by Glenford C. Mitchell; pp. 4-5, photograph of the sync of the Congres• sional hearing on dac persecution of the Iranian Bahi'is, cone tesy of the liah,i'f Office of °abiic Affairs; p. 7, photograph of Congressman Don Bonker by David OgrowThe Amerir,nr l3~di,Pi; p. S, photograph of Congressman Edward J. Derwin• ski of Illinois kr David Ogron/Tbe American Babd'i; 11. 11, photograph of Congressman forme}' IL Stark, It,, by David Ogroo/The Aorerinm Bdhd'i; p. 13, photograph of the Bah.11s of Yazd preparing the graves for the seven executed there on September S, 1980, courtesy of the BahA'i Office of Public Affairs; pp. 24-25, photograph of llah.Vi avitracsses Mitchell, Kazemzadch, Nelson, Noutani ) at the Congressional hearing, by David Ogron/Tho American llabd'i; p, 34, photograph of Afulla falsali attacking die llah.Vi National Center in Tehran in 1955, courtesy of the liah.Vi 0111ce of Public Affairs. World Order Is a quarterly magazine Intended to stimuiato, inspire, and serve thinking people In their starch to find relationships between contemporary Ilfe and contemporary W$Slous leachings and philosophy. World Order 415 Linden Avenue, Wilmette, Illinois 60091 Tease enter my subscription to World Ordv. Within Urdted Starer: All other c•otacrrlea: ❑ 1 year $10.00 ❑ 1 year $12.00 ❑ 2 years $18.00 ❑ 2 years $22.U0 I encicnc my check or money order payable to World Order for NAME ADDRESS CITY STATE AND COUNTRY LIP 'IVe are unable to provide billing service. 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"r r( t t.~ 1 . w 1 )ll pt{ a f`1~r .v < 1T 11C r43x fl 1a Jh ~~1♦i'.. , h; n A J l 1~~.1 pp r~ + itld l t t 1 f '1 t'V p }jf ~ r 11 t1 J 'iv a r< t~.< tj~ pl lei' 1~,{!~~ t If~l s+ ~4t kl{'1rj r( 1 t4', Ftf, t fil^ II t~1OJ 1',rrn, r YA ~f 1t R ~lr{. 9x > r rf/r,rr':~ ~i i:,+ SSy+ I/ t t y, ~l! r~ 1 c.11 Lr 1 ~ 1 N f t+ 1S~M } 1 ~ +P X41 ',y r li ;~f vt ~ ! ar 1 I{ ~ ~ lv A , ~-4+ ~f!1 as + !j> 1 rva1 y t t ♦1 t +i ♦ 1 + ~t !lr A !'i 1 S LA r f~F r1F 4n ~1 ll!Y P r l~r }v (r{tt'-. alt 7 r rt i~ r ~~f i + ~(~1 t7~a ` t~ 1 t I +<'tl I1 lr.r 1 / li~ ♦ vr) A ti ' ♦ f malt sxr r 7i~ 1'Y{t Pfr 11 rr5 f !t it r J ~ K 1' h/ i 1 1 J t 1~ i>~F' x f~ 1~ ~ S t 1 ~,I 1 l i v v 3 t t a=y ' i !*r r tt r ~ r^ ♦I F.r v ! !f + ` SS t' B r i t r~ ' t 1 al ttl~i~ G art li ~/x 'C tf'fyry .l:Vttt . 1~'~'`sf r t 1 1l'~a hti i~•f t 1!z 1•. ! F .jl I s. ~ rl r i it a♦YI r'~ ( r .i t ♦~1}t 1 14i / + >J JI y U x r 111 r `tir r 4ry ~ ~t 7 i / (ll' ~,a / r l I~~ t ~ 1 1 ! CJ ~ . r ♦ t ~ + + + ! v r 1 r 1,~^i 1 1, i'~ 1 A A r ' ! 1 .7i i ry 1,11.: xr, ~ 1 .r 1 'p ` l t I. 0 t ~t,'t G v I x i'1 ~ r C u~ x r A+ { 1 ' r j1C rl j 1 1{ THE WORD Balld'i comes from the name of (lie Founder of the Faith - BahS'u'llAh (the Glory of God). Bnhh'I simply means a follower of Bahd'u'lldh, The Faith of Ilahii'u'llhh ~ called a world religion. There arc three reasons for this. FIRST, WWI% live in more than three hundred countries and (erritorles of the world. BalWls are people who formerly had different and conflicting religious backgrounds. They had been Buddhists, Jews, Muslims, Zoroastrians, Hindus, Protestants, Catholics, or else they had no religion at all, They have found in the Baha'I Faith a basis of unity that makes the competition of sects and denomina• Lions seem unimportant to them, Balifi'is are people of different economic and social classes, Through a common devotion, rich and poor mingle as equals and work lo- nunivs. God hits revealed His Word in lho ilahh'S view, there is no supe_••ior race gether to establish a world order for all ouch period of history through a chosen or suporlor nation. men and woman, They are people of dif- Individual Whom 13nhA';s call "the Man- I3ahti'u'llfih declared that a House of ferent national and racial backgrounds. ifest(ttion of God." He restates ht every Jitstice must be established in e,V,cr`t corn- But the HaWl teachings have given them age Clod's purpose and wfll, His teachings munity. This body, elected by tr.it people, it higher loyalty lho loyalty to human- aro a revelation front God, Abraham, Is to be composed of men and women so fly. BulWfs have no "color line" or racial Moses, Krishna, Buddha, Zoronster, Christ, (lunlified that they may be "trusc.t-v~ cf the segrogulion. In this Faith, people of all and Multamntad were Manifestations of Merciful among men." Finch n,auon will races find equality with each other be- (lod Knell gave nten divine leachings to have a secondary or National House of cause they are equal before God, live by. Dahh'fs believe (hat true roligin-•, Justicr whose mambers elect Tint Univer- SECOND, the BaltA'i FnIth develops Is the real basis of civilized life, sal House of Justice, The first ','niversnl world-mindedness. Road litesc well-known Ifouse of Justico was elected r 1.1163 by SINCE THERE IS ONF, GOD, these the 513 naifonul administrative b<:+1ies exist- BahS'i quotntions: "Let your vision be Mmtlfestations of God have each taught Ing at that time. Its fteadquat °s are at world-embracit,p, rather 'inn confined to Hic same religious faith. They, have de- the Bahh'I World Centre lu Ha °u. Israel. your oum selves." "That oitc indeed is a veloped and adapted it to nice( the needs ratan trlto,odalt, dedicatetlt himself to the Basic Principles of the people in each period of history, service of the entire human race." This unfoldment of religion from age to 13alWii'llhh emphasized certa__n prinei- THIRD, the Bal1A'l Faith offers n clear age is called "progressive revelation." ples to help bind people to;,N.b?r in a pattern of world order. It does not have Bah it'u'11Ah, the Founder of the HahA'f united worlds any secret mystic doctrines; it does no( Fuflit, is the Manifestation of God for Mutt must Wok for truth = spilo of have any priesthood or professional cler- our time. custom, prejudice, and lrnditi,:7-. gy. People And this a practical, spirits id , Alen (tail women tnttst have equal op- religion with the mission of uniting the TII1S IS THE BASIS OF BAliki BE. portunities, rights, and privilex,a- world in one common faith and one order LIEN one Gott has given nien one Faith The nations must choose t.T" mterna- ©ahA'u'llAh declared that In our tine re- through progressive revelations of His will tional language to be used alcr i with (lie ligion must unite people or else it has no in each age of history, and I3allb'1411611 re- mother tongue. social vnhte. He declared that religion veals the will of God for triers and women All children must receive a : i;sie edu- must show men how to build it just world. of the present age. This basic belief enables Callon. lie emphasizes( that justice Is the greatest Balib'Is to unite and work together in spite Men must make a syslenim. effort to good ht the sight of God. To show men of different religious backgrounds. wipe out all those prejudiccs s~-`7 divide how to achieve this, lie outlined It pattern THE ONENESS OF MANKIND is like a people. Men world order. en must recognize that r`.:..Etpil goes pivot around which all the Teachings of hand in hand wilh science. BAHA'U'LLAH'S VISION of a united Bali0i'll6h revolve, This means that Men must work to abolss;: extreme world begins with each man and woman. men and women of nil races are equal in wealth and extreme poverty". Individuals must !VIVO high moral Stan- the sight of God and equal in the 13alWi dards and a new basis of belief if they are community. People of dif 9rent races must historic Background to becomo citizens of one world, have equal educational and economic op- This Faith told these challc_;t.ng ideas BAHA48 BELIEVE IN ONE GOD, even porlunity, equal access to decent living originated In Persi., 01*0 1544. In though men have called Him by different conditions--and equal responsibilities. In that year it young Man Who ,.:led Him- Sol( (ho BAb (or "Gate") began to teach Teachings and the Exomplat of the Faith. that Ciod would soon "mako ninnifesl" a Under the leadership of 'Abdu'l•BahA the World Toiloher to unito men find women Faith was Introduced to Europe and Amer. and usher in nn ago of peace. The Bdb icn, A.ltor He was freed from prison In attraoted so nlauy followers that the 1908, 'Abdu'l-Bahl made several mission- Pe•sian government and the Islamic ary Journeys, In 1912 He was in America clergy ueited to kill Him, And they inns- for eight months during which time lie sacred more than twenty Ihousand of Ills told the cornerstone of the Bahii'i Temple followers, in Wllmetlo, Illinois In 1803 Bahh'u'lldh announced to the In 1921 'Abdu'l-DaliA died and left n will fuw remaining followers of the Bhb that naming His oldest grandson, Shoghi Ef- Ile was the chosen Manifestation of God fondi, the Guardian of the Faith and the for this are, lie called upon people to Interpreter of the Teachings. Under thirly- lullle; lie said that only in one common six years of Shoghl EffenCt's direction failh and one enter could the world flnd the Bahh'Is throughout the world have an endrn•Ing peace. Ile declared that ter- adopted nn Administrative Order that is rible will's would Sweep the filee of the an application of Bahh'u'llhh's Teachings 0111,01 and destroy the institutions and for a world order, Thus Bahti'is hove idols thot keep men from t}leir rightful begun to prnotleo In their own affairs the unit,v, social teachings of Bohh'U'Ildh. '1'}to Teachings of Bahd'u'Ildh are it ring- Pattern for Tomorrow ing call to action. They offer hope, cour• Local and National Bahh'i 4f~;rilual As- age, and vision. The books of Bahh'u'llhh s0mblies are the pattern fo- Houses of in Enghsh are The Hidden Words, The Justice of l1, morrow. 1n , b know from Seven VaI and the Four Valleys, The increasing experience that differences of hook of Certitude, Epistle to the Son of nation, race, class and religion can be latiorrs, and removed by the uniting power of BMW ht s from the Wolf, Prayers the Writings nnof R it 116h A selection of His Writings Is s in n u'11hh. Bahh'is know from ine.reasing ex- the aAnlhology called iiahri'I World Faith. . porience that this Faith can save men and Bill Bnhh'u'l1Ah was nor greeted with women from the hatreds, the pessimism, cnlhusiasm by the religious leaders of the corrupdon, and the mnierialism of our Islfum. As they saw His Faith spread, their age. They know this because they have hatred grew. 'file), forced Him wire seen it and experienced it. They invite you -Ihst to Baghdhd, then to Constantino- to Investigate this Faith and share in this ple, to Adrianople, and finally to 'Akkh, spiritual adventure, Palestine. There He died, still an exile anti prisoner, in 1892, BAIIA'f PUBLISfIM6 TRUST BaWu'llhh appointed 'Abdu'1•Bahli, His W11METTEi, ILLINOIS eldest son, as the Interpreter of His Printed In U.S.A. t 1 - ~1 J Rahal persecution in the nineteenth centur.w 'Tho- keep us to kill us' RELIGION Iran's Holy War on Bahais O f all religious sects, there perhaps is Assembly and led the eight members who none more peaceful or less doctrinally were present away at gunpoint. Less than demanding than the Bahais. A nineteenth. two weAs later their mutilated bodies sere century oft'shool of Islam, Bahaism dlscovered in a Teheran cemetery for infi• preaches the unity of the human race, es• dels,Then,justtwoweeksago,six memb rs chews sacred rituals and espouses world of the; local What assembly in Teheran %ere peace through world government, But to exet',uled along with a woman %ho hard at. Shiite Muslims, Bahais are dangerous here- lowed them to use her house for meeting tics, andin Iran, where the religion wasbom, In all, Bohai e,tlles in the United 5+1105 the Islamic government of the Ayatollah sAy more than i0o of their leaders are Khomeini has declared a holy war against ttnown to have been killed in Iran, while thecountry's300,000Bahaibelievers,Inthe another 200orsoaremissing. Accordingto past three years, thousands of Bahais have the exiles, revoiutionary Aring squads are been driven from their homes-and more, shootin Odidren as well as adults. The than 100 of their leaders are known to have exiles also say that the firing squads have been murdered-in a campaign of terror 'been demanding payment for the Mallets that the sect's world leaders fear moy!nd in used on "heretics" before allowing the tam. outright genocide. "It's the beginning ofthe dies or victims to claim their bodies. second Holocaust," says Los Angeles meth. Carnao Last week 1,500 Bahais from cal student Arlin Mahmoudi, a Bohai exile the United Slates and Canada gathered in ' wlwse father disappeared to 1980, whose Los Angeles for a service memorializing mother was killed late last month and whose their murdered Iranian leaders. Their only cousin wasamonganomberofBahaileaders xhree-scomforiwasabelated admisxonby executed two weeksago. the T sident of Iran's Supreme Court that Bahais have been persecuted In Iran ever Bab leaders had indeed been exe.uted- since their sect began, but never worse than for ,pying for foreign powers" -axthow now. The Islamic fundamentalists of the benefit of legal niceties, To date, onl. Can. Khomeini regimeconfiscatedBohai proper. ada, Australia, the United Stales and the ties, expropriated Bahai•owned corpora. European Common Market nations have tions, closed their schools, fired them from responded to the carnage-by issuing state- jobs and sacked their temples. The Bahais' mentscondemning the massacres, holiest shrine, the, House of the Bab in Words alone are not likely to save the Shiraz, was destroyed by a mob, and the Bahais in Iran, On March 21 the Iranian rubble was buried under r: new high way, The Government will begin issuing identifica- persecutionwusparticularlybrundinsmall, tion cards that will be needed to buy food regional cities, By one account, 20,000 Ba• and fuel, But Bahais will not receive them- hats have been driven from their homes and nor will they be allowed to leave I ran. "If forced [olive inlentsinthemountains. they don't want us, why don't they let us Firing Squadst In recent months the leave?" auks Nosrat Sothjoo, an Iranian- war against theBahaishasturned deadly- born Bahaiwhoemigrutedtwelveyearsago. the result of what appears to be a concerted Solhjoo offers a biller answer to her plain. campaign by the Khomeini regime toelimi• tivequestion. "They keep us," she lays, "to note the sect's leadership. In mid-De- kill us." cember, Muslim militants interrupted a KENNVrilL'TOODWARI)e,thrAi Er HOCK meeting of the Bahais' National Spiritual in Ltc Ansen NEWSW'ITY,'JANUARY 25, 1982 Thicalo Tribune ►OUNDIOJ1664 1$- 1641 BrANTON R, COOK Pllblilhel CLAYTON KUWArIICK Chairman JNAILLS T. BIUMAACK JaMIdiM THoNIAS P. O'DONNUL Gtair at Manager NOW MCCIOHOrI .UanapingKrIlorrg EJOV diRsoncii Page 60' 9 Sectlon 1 Saturday. May e, 1991 The plight of Iranian Bahals Bahals In the United States are at last going Iranian Bahals have been hounded out of gov- ppublic with their complaints against the persecu• ernment employment, their marrlages declared tion of Bahais in Iran. They are doing this only Vold, their businesses confiscated, Members of after prolonged and extreme provocation, They do their National Assembly have been arrested and it reluctantly, for it Is more the Bahai style to have disappeared. A substantial number of deal quietly and directly with the Iranian uov• Bahais have been killed. In March, two Bahais ernment than to make public appeals for allies in were executed after their death sentence had been protest. But they have given up hope of any upheld by the High Court of Justice. The verdict constructive voluntary response from the re- againstt em Included charges that they had been volutionary fanatics who control the Iranian gov- "active in creating discord and disunity amongst ernment, Bahais' sole, slim hope for the survival Moslems," had "worked very hard in converting of their co•religlonists in Iran is that outside Moslems to Bahals," and were therefore "corrupt preFsure in their behalf may make some Impres• and corrupting," Loyally to the Bahai religion has sion. become a capital offense in revolutionary Iran. The genocidal killers in Iran accuse Bahals of Iran is the country of origin of the Bahai faith having been agents of the hated late shah, of ties a preponderantly Islamic country that has with the detested governments of Israel and the never had mu& ruler ince for what its ayatollahs United Stales, In fact, Bahals are on principle condemn as heresy. Despite the hardships visited unpolitical and nonviolent. Their essential offense, them, Iranian Bahals have become the in the eyes of fanatical, bloodthirsty Moslems, is largest religions minority in the country. But the that they are not fanatical, bloodthirsty Moslems. government of Iran recognizes (with some im• The outer world has other grievances with the plied rights to free existence) only Christianity, zealots who misgovern Iran. But it can have few Judaism, and Zoroastrianism among non-Islamic if any more acute ones than what the Iranian religions, government is doing to Iranian Bahals, 7777'' The f FWD f W l,n I ,r ,r , y(.+r{~, i r ~1~i ~f• i , t. 4 '06114 such as, 41400* r?on1Cn~ Y ° ' ihowrt d!t', Modlitation, "W** do1Mi In this, s of ow- Contrnurllty~ le a cr'oiwsed* -a ftt,trpw* lr kA*O r ` vice to humanity, all exrxesrtofgs, for 84h6 4s a the I 'N oru, rto~ worship of clad, , '"Ost OR tbnatRiir$, Wik*k tnedee,, or. 061 I and pt~4+',.~I?Ia"" *Ad I'W~tarste: It c~Nt+d►iarpi l t*n of 2, The M~Mlten bt Pf ra~J cried, ciMs } ` fktn t3bihi'f Faith itvinn'{~ kt mare tt►an 9tl,000looa, in _ netionaHty, and eev: 1'I aommun+6 bay* tie }1ed CQUntfil►e `and tel(itorlss- .162 of these tndepehdent oon"rshlt axoork hca in a 'a~M WON of d~ n 0%--and unlW Min and wPn'ten of YIM4o~t iV4k a ariRlklrlOni In pyril, h S of ~ ixinolpla at the and ethnk; orons. Moira the 11600 MI I)"" arid oronlo 6nAnaers co hurnwhy, irlbes, are rspresenl/dr 3 thi syafrematio aplak"dM at i o r"F" r q1 sWFWMsIM titMhrl'I WrltlnM tW Mrnpering ht> l?roWO01 and ~ mohtew"WO The wri tgi which guide tM iits of *0 INOMI N~tbrnatidnol of s balar" between t materlil grid aphhwi arpeoh Cceo*nity owVr%o moretho one hundred works by. of IN«, 00i teat on an underetandktQ of Lhe prfncyplee BahA'u'Heh, uw Pr Founder a the l6adti`f FKMh, and of an t n4tl~rad aparph 10 truth and of the hanrsg v of aolerroei and reutt,lie two fac~ta d tnIjttt. klterr8lAtion$by ason,'Abdu'I$aM andluftllrt+i Tfie dilltlrlrlbll! itle tie ~ell~trw rtiM tb1Mp greats ~rarxfson, ShnpM Effendi 0Ahi'I iNrMture can't* ~ ttlroubh pureUk d ia~ow1ed01e of 040Y read today In some 7001engwp*Is and pidrMaa• AALCI aqula otarl~s,fortMpr&0 6ofatredoor F~ MAA'~t proNeifon, fiot 1 hh fly pareondt istl0tllilf, W MW T4 cett of Mto 189 r~M~11a61t1e:Yarlrllul fWiherlCp;t hC~P9 a YfF+n14: of 4 , ptia C1se(sea, of refiglon. arW the *4 4 of +?WI S. The R~) 6f ! 1011111i,114 In all IoQdcls Of kkxt The IuncltMnerM t prinobN sn? . by daM u qih ilfer itt 4id #W 0114100 a WW adnw+~slr* is wret tfvq pmooases S ~wt'}ryth ip :Ne but refalive, tlbr} h 't ' -abafy, f of E1fl 6 'p! of i i~! t?I~ p N. a otkltJr►UOue Mid p!!ti~N6tW1 IN~kpt►.~ ~i~riNt,~l W~►11M';, proase~; 6. 7 ring of the prino~pte m-w11ely. Mlt~leiM'W P" + that &C" ghat rbNglane of the woHd afe, divine in MdIMg141Behill c¢mmut` N are bggWh 4 to aw ti+, origin, tfaWtshprimary ahdsecondaj'eaf patbpraople and that tMir tY+isslone repraet;*nt aucaeseive stages In of all backgrounds,' in plta the vii,, attucatsohad the gpiri{Al 4VOhRbn of hurrten soclety facilities art not avallable, ae weA is soult'erhswtkm f gjrxpe " a `I p Who$ flint fire of ~ pprroopQflrru In bbelb literacy and ~rity drMOM>v. Ie, the PghiQdpr1' calodPd Nr1d unity, r le hMk A fsresent there are 133 WAI aphppN 'rMrxi ~r iN►tf nom' the, *e splereay fdr, 6 i lFrs ao orderly 00 In aoPiaty, * 00- w) ry►kfn , t j 1"i fMa1~1 { outNns 01 etltutldr+st hx,da br f3eekila fitrll IaJvs regU1 fly Orsyar Idtd to annuli peace Ardei- Ohba wofld~ratigrt. perkid, .f f4stilq, tho Sahl~ afth has aupt~ tIN* h're comritbhweath, + Ita'ekkoutlye,~ a leliifive, !A 4ulydi. noorny, for `,f ,rt►akos, k, JudiclarY{urhs,~rlle4fcld~ry;laAnQUage,av+Qrid rrK), dfbQtll:lltleel'eittd ,eQol4b!M1y, pp,=terr►pfrviKxld lrtistogmflt!~niratbt?, and ant8; flivorce d isdouraged k1 the f pwntr14ttti<y; d►+d ,r a unlvefsal & . ncy, twibhts, a,.d measures to 'I isw demands eyearaf trial.. ration, whwGhl ' • Of the if dlite'reneas cAr" t be.r6sol~ed, n3; a is perm iblo, Bahall law also prohibits the use of akkho! drkft wnd of ortA hu, r narcotics. guar d i yeHt4,gtriyento.b Ba Is ' ve for ring ut tho yfiyy of nlAiritin peace, and word ordor, Characbr -11 To aohfeve titthk+ paaf The N+Itllo rottecting IN basso purpose of aha't with is non=political. It has no (816slonshlp to human life- 4hlch for Bahl fs it'. In essence, id know and any governmAr}I with respect 16 the manago,tnit or orlon- to worship (j'od, and to carry forWard an ever•advanoing tation of its activities. Its programs are suppon%. ° egclu- civilization-the ;BONI World community hes,pontioue0y slvety by voluntary contributions from its f0owers, No encouraged the fulfillment of certain essential ropuire' BOO Is Mowed to participate in partisan politics or to ments. To cite a few, accept any political post. Bah99s, both Individually and' I , vU r a s i ,t1 , ile . ~ c ( 11 ry i i,j , s ql Iv r' k ( 7 r z ~~?~'~'~~lF { "4;}I, ~l „1. r,ly~,l{ws 1r ' Gar', ~fy $ 71,, rtlS tEla~r^,?1 d w y~,, f4 t,,j1 ; ;•ji 1, .5' i ,~~OrthrlOOrNrrorl~ t" M *4lawsof1tMkfoaWo' aev Nas.0Ilpe0lal W "70 I AM"; iMlf;A'I Alf l"JIllr~Ml!w ~IM~r : M fts Wtth t110 Ur►hOtl NrltlnrrA~'N a ~eFt♦9 N►Nrrt~lior>AI FreA from any Ii, Of "06, Mlattlchm no rraltfKI C h" ppNNrt~IbAlac~ M fnil~t 9s of U.N. bgdiN dry prieshood not mo6orade , r{bml, of fvrb dlno' asooti. Grid woes of hurt,, Ill ~l c nt rrton~etfbbsn knd t+~ttclloartoy,'ttw t3a 'f Fill re meat tt►e 4tdltutr bf Mnrrten, flip r11bl11,1Ma++an sat F Iles on A pool of kl nelional, end bnerrl~flonaf ad- Hamer, worid food, so no anU t~ctZr►oloGy, poput+aion; dn~S Yo!dh, mlNStrtltl0n, aMMd by` llhA'ta'Nlh, sfalbor~led.by thgI"ofth4.rwa arkneprev~sndbn,'natp~tic *bdyu'l-IMM. ar.1p ! by Stil l I, O*h child h, the f dhstr~►dmanE, ME+d tt►►e Unkod N~iorls kWCelkyr for k►t oil hl nine ~t'nwrp'sao MhA'feinivereky, It free Turnishec! lntotYnetlon, sut~rntttnd at Ep• { ololeach yearaoourlCi4- 10CA(5pkMuaIA4srMnbliy. At iname, and published brochur" on most of these sil preeenl titers Are Ow x4,gOt) assarnbMss lhrouptaUt the, ieCts; Anti k has taken BartEn Unittid tVetiona yawn, h world wOrldti aonlworices and aor;'Iressea, "And in reg"I eoll ~tirtf~es end seittlnaro Cortoetrtsd with 1 voab economic 1 {iuel,A&ML rMot~dMi~nwulY,bY pioblema of our pianbt, pfe*u* VON 11, ther M a no tibne'rcorl J==W* Wiy t3f) prMl $WKual ` bMi1+f ABaemt>Ha# or" y«epr . cony lion ft" W' toei ottholko er"I Fk~,saAN (tBh l 1A8A ' thio ~ in Par" ufrfu~~ Houtp tlf slice, tfiR fupreme IrMA+tutbrl.ot ElahA i of Oil The Word $441 4'I dartvee~ k6 " or Faith. AN f3tihaltMel llgnlr i(I AbO'by ant ,with . f',), r+te' U IoNoMr b) '~rhi rhb no tbmirlNiWta Qf Bohm Faith li li) }n OU Ifilliet! Yrit14, ~il~l Pohl, AppdMth `MbFNutkMNt ►a # ht'1he B d`I hll tkwtal Ipunded M 18U by Mitzi t11f•IYluh""Old fitM19 tr 0) ' Ct,artn Cirri lf+A Hendb tfi!'r3l.tae at k^dMr?s'bAb, qt 4a!e annQuneod ~ hem ~ ~ ~dti'h~r'ehyet assisted In'tl+~±r`11~4i1f by AuM{Iffi}y dJe f►+ .I, , are edUeatlr~6 M►d benl►►an tr►4cter►o M+e '~9 ~ekt►'and of tlcd, Win would t,aher M an aid of pbace fbf rYl Mon. We: I pnotbdtk4i kkKtfn' 1 $t33,. ~dha''Nah' d64k~red'4 l~ was the' Cale plolShesktd, by thc~ t~lb, 1T obn ral W' of ~ye1, mpd ti0r! in Naha' dad iVIIAh was exlk l trail hAn'~`.VUbUS Waces N I ¢ afaa~~ haae s the 0ltanan >;mplre and in'~ t8 aft sent 01t 4 ~xlavn~k IP „r p er ltilsq AtpieMr~ ft6s khe retl6AHYbf'Akftbintfle tliitbain r>a . iaseti away k1 n'Wb of Www Ow 0,0 4Peh1' :A>tMl k1!Vyrfiwett+b'' If ; U 9:4! . curt N'h~h (3athiaiiy;k►peta,11+tda, Au }Iiselo+►a,son,'Abdu`f(1$M i821)1b. t 1 st eu Pariart>aC ; art ~ndPl ta,AretxWi!rIr for k+',t¢id thq gshb'I korrirrWl~ty all in, the cpnstr4,otbrrOtbuiktlt~gr (n India I ` Sarnpe;$ilw~es HahfM f Wrklnps, Abdo I Bette M1, Him , I ' of warsilfg'bOrtsiai of the reoitbtlort . I scl3pture ` df all pra>jdsOnl $hbohl ~ffeildI (1 19 71 a4 rrttioWtise?Rf• mu6io,EvetiNta v esohlooalftywlN QusrdlAn of the Cause, snd,suthol ed Inns ot`the tteve lb `be+h ~J ifr re►dp ibh W1 be enrarpetl end BahA'f tafit3tSinps f gdeyl tM if}fai W'the world dsystbplKitiS'8rirve es IM+ abet aPOUrfd,whiah the soien co+rwilunHlt;are adrnintatbnd by'ttle Un►vefrrel Fiousi of 1MIC,',}diiaetlonalr humartitetlan, anal adnMistrsthro Mstltu• Justlos, the supreme ebotad counbll 01 Ilia f~aftA t Filth Claris of ttttl;13ahA'I rxmrYxrnky.reibNR, . tlalre'I Gr►ler- N~lsfkiml>Ip The The Bah World Center Is in the HNytt1ft *r6n~ &'tlhle of BahA'010's arrival '16 AkkA, tho ¢aR of the (,Xonian Tf hA'I tionai Cc>ntmuni~ryY.lR acor6futetl. M cone Emplre, that World CentorhA's b en'established In' *'fwo s'omtlve statUB witlt; the United Nations Econ6mI6 and titles of'AkkA and Haifa. The 6MA't Holy P*oi; In those Soclal CoUh&(ECbSOC) and with the Unftbd Natkins two cltles consist of the Shrines of the Founders of the Children's Fund' (Ul lCEF). It is also affiliated with the Faith-the 89b and Baho`u`IIAh--'and historic sites as- UnEtdd Nations Ehvirdirinr l Program (UNEP) and with the sociatod with Them itwa's $ahd'u'lIAhWho instructed that U.N. O"kee of Public Information. It has representatives the World Center of His Faith should be In the neighbor. with the United Nations hi New York, Geneva, and Nairobi, hood of these Shl U.S. BOO Information ORito / March 1919 ts` i 14y, yr` ` r , fir Y,-1 I i.:' c f r 1 t, r 1 i ~~~~~y ~ ' ' ,t + N Q, A - r4 i r! t , ) r ti r r I 5 i ~y ' M 01calo Tribune rou"to Oirw ko.1W OTANTON A COOK PrllWrr CLAYTON KlKKPAtt10K Ck mik CaAaass T. Rovim it Pft#W* t THOMAS A O'DoNNaa.L loon l Ma%go MfnL NCC.LOIMN W14LIAM H. John JOHN MCccIIrCNLON Ma>taoi+y 8dilor Jrdtloriat l~s9t Editor 9 section 1 Saturday, May 9, 1961 Be plight of ran Bahais Bahais in the United States are at tact going Iranian Bahais have been hounded out of gov pubile with their complaints against the ppeersee+a ernment employment, their marriages declared lion of Bahais In Irani. They are doing this only void, their businesses confiscated. Mambers of after prolonged and extreme provaration. They do their National Ass,,mbly have been arrested and It reluctantly, for It is more the Bathal style to have disappeared, A substantial number of deal quietly and directly with 0* Iranian- gov. Bahais have been killed, In March, two Bahais ernment than to make public appeals for awes in were executed after their death sentence had been protest, But they have given up hope ,)f any upheld by the high Court of Justice. The verdict constructive voluntary response from the re- against them Included charges that they had been volutionary fanatics who control the Iranian gov. "active in creating discord and disunity amongst ernment, Bahais' sole, slim hope for the surc!val Moslems," had "worked very hard in converting of their co-religionists In Iran is that outside Moslem, to Balwis," and were therefore "corrupt pressure In their behalf may make some Impres• and corrupting," Loyalty to the Bahai religion has sion. become a. capital offense to revolutionary Iran. The genocidal killers In Iran accuse Bahais of Iran Is the country of origin of the Bahai faith having been agents of the hated late shah, of ties - a preponderantly Islamic country th,lt has with the detested governments of ls;ael and the never had much tolerance for what its ayatollahs United States. In ?act, Bahais are on principle condemn as heresy. Despite the hardships visited unpolitical and nonviolent. Their essential offense, upon them, Iranian Bahais have become the. in the eyes of fanatical, bloodthirsty Moslems, is largest religious minority in the country, But the that they are not fanatical, bloodthirsty Moslems. government of Iran recognizes (with some Im• The outer world has other grievances with lire piled rights to free existence) only Christianityy, zealots who misgovern Iran, But it can have few Judaism, and Zoroastrianism among non-Islamic if any more acute ones than what the Iranian religions, government is doing to Iranian Bahais, I ~ May 43 Editorials r~,.~doy, ~ s, t9et 1'ooa Murder in God's name Chics~oans who I" of t,» Beha'l talth Tbcir cosmerdid pmwtlee end wealth kl it oso" for the bwUsw of Its tampie haw been eoafiuated, thdr Mass dedroyed, in Wtlatette, the nstlonal bead4wrtera their lobe eNmtnated their cen►eterles dee• The faith it a ooasly a tM se, daha'ls sailed, thdr shrines dentoitehed. bedew that ell retigioas honor the same clod, And thdr blood Is Wag spliled. In the last that M Is beet wasibipped by arvics to aims ssoatll Bahs'ts 1104 been executed In other, that kmossldad's salvation Ws in a Tehran, T~u< fug ~M idanste Au. een unified society bond on mstual scaptadca gust, Who coOM had crdeltY a ache stools of the faith. anti they baw am blov. sere! Wbo but the a1d zealots of bead froth efface, to March, the 064A led so kslt who+s hatreds btlsd thins fross Nigh Court of Joliet to Tehran lepitaed this woeptlni "a one soother. state terrorism apWA the faith by ordering tlehe'tat WAS founded M Iris, and there ad dfnunlty o 90 s for s~~ WOOD of Ica wher is an bwq aystesasti~ awd allyy perssoated They 1rs aecnrsd of beray TM Yoke of the world community-ladwi- apiaat I lu% because, for errsanpte, they lag Wata's-has g'oa'd boars froaa on. babaws luesedly patidad vrpokwatwo by o tatrortms the cudotarbs ftSo. Ittaa w$d be Moadfor ip~n. 1 ZO THE NEW YORK TIMBA MONDAY, APRIL A IMI • A. K F"Or"L. AW WW EAAW ssYncwm rwrL+a. ~w Aar>tva r Awes Alf ~Mr JAlL►e L OatRW ImLJx AriiMf Iiwyiy PitMr U)L7te St>~Ifi'~tR AMfiM,! ~N~ &If11i' M*X rum= JACK OtLNI~~redksr CKAXUYril;CtJa7Y.A1Mi~M/ W r...r«r r,,w ADOL" R Om A,iadwJn 0-m • UnVM KAri KMZM Aiikr SSW J00m a "Wro L 4%vx om"w M.111► oavta t Dameos AA*" J 044 mm „omumt 3k lwwoi.f A.WM 00"Aw A. VA opwww 11 XW Q C4"Wlp S A M a MUM KI we Akio/ J. A NODS, in, Yl» 00rwlur Iran's Newest Victims Iran Is no lour to the WOW&; he was with The Saba'i faith olloo Lbd in irao in U41 and bas dray a iodecisly* and a now-mint world Lvolyd into an ia~of world roiylon its maw. ahru p an Its nomndbnt Wtumal wmmom This apathy rob bathe that a dgb"hu bem m"" in pm parloctiy sulfa lrmmis ebrkal salob as dwy wow Siadw nerdatdoos. Bemm it hm root in Wmm, It o"apem lW dwr oppooentt I and bloodily NWW old' bu bmm viewW a boertscal by the Wamio cWW. SWIL FspeLdalty om o m, her been t eyebrndtio What bas mode Babm'is moue vWoerabie b tbdr e utioo d adbee -.at ltlaba9. ttw poqu1ty and pVhmd" MM M " Tboolb it bum tad MM anvad the world, Bahs'l is eamomb in a rtvoMooary country with a tianoder- an ano It 4' 1 crud with ao trW ob in pawmr In Iran. IBS mommy and an almhu war. In nine months, Dabs% be" bras kdtled in Td amot Of Imolm rdiEious miooritWo, the Saba'is are the Tabnia, Yaad mad Shuns. Saiba9 dbriou baw bun larent wllb about 000,000 adbss'eob in morn than So dsmolbbK property ham bem eodlsomed mod Baba'Is locaUtim But dstwtb *ly, the faith W not limed be" bean dyad tram thmlr f obm the r@ISioes adawwlydBed by nanw In Iran's Last AnSust, doe oauoben of the Baha'i p"m btamw coostitutim W1tb tbs 910 CoAt's carat rW iq board wen mdmed by rs+►olotlcoary ad ft a mateb has brmo thrown m a boollre. have don vaalr,_ A And now Iran's 9W Comm of Jum• Imals a tks haw little toguace wltb the mullabm tin bes ruled that fast beWogft to Saha't Wd t d m to Teheran, maMnS tbat Iran's third woM trirods cnatBidd' dthe emmutim of two BW*4* in lsoad aadand dsudq amontpt itioelsoms." that sim bloodde ft &%mm a mq*ommdy modern world. i ~Il 1 Ol M f ~ 1 f ~ 1 N ~ W i 1 c ~ T ~ ~ Ir V i i~ y TR„ ;1 1 13rllxi'i Nm~~ gJ'll%rsllip, U?hrtelk~, lltillofs 71k~ btwlll(filI Bah(i i I loIIse o1'll'or,VblP, localed oll Ilysbolrs of Gake rilichi#ol Al llvilmolle, Illinois, isoftw to poople Q f all ml igiolls, races rrad ove(h. It leaseiiov l into The 1 Natiol,falReNistergf 111storicMaces willa)'23, 1978. 1 11.0Iographcwalc,.'vgfk))p,iuuficb CERTIFICATE OIL AU Nf NYZYY-- THIS IS TO CENTIFY that the m1cropholoorophs appeorln0 on this lrllm•hfle S/artin's with CITY COUNCIL AGENDA PACKET 04/05/83 and lncilnp with CITY COUNCIL AGENDA PACKET aro accuroto and camplete ropraducllons of the records of fCampany and Doplo) CITY DEN_TON CITY SECRETARY as dollvored In the regular course of business for photographing, N Is further certltlod that the mlcropholographlc processes wero accornpllshod In a manner and on Alm which meets with rrqulromants of the Nallonal buroau of Slandards f.r permanent mlcraphotogrop:iic copy. .laum • socoros Camp".. ILvAR) T(CHHOLOGY AT IWQPK Coed" o.. ?LAC P. r,14 vAU)Patk Pj~nd state Nlingion, Texas 76010