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HomeMy WebLinkAbout07-05-1983 A(L N 0 A CITY OF DL NTON CITY COUNCIL July 5 , 1983 Work Session of the City of Uenton City Council on Tuesday , July 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 on the City of uenton ' s liability insurance program . 2 . Discussion on the water quality at Lake Lewisville , 3 . Lxecutive Session : A . Legal Matters - - Under Sec . 2 ( e) , Art . 6252- 17 V . A. T , ti . B . Real Lstate -- Under Sec . 2 ( £ ) , Art . 6252 - 17 V . A . T . S . C . Personnel - - Under Sec . 2 (g) , Art 6252 - 17 V . A , T . S , D . board Aments - - Under Sec . 2 (g ) , Art 6'252- 17 M . T . S .V . A Regular Meecing of the City of Denton City Council on Tuesday , July 5 , 1983 , at 7 : 00 P . M . in the Council Chambers of the � junicipal Building at which the following items will be considered : 7 : 00 P . M. L . Consider approval of the rlinutes of the Special Called Meeting of June 14 , 1983 and the Regular Meeting of June 21 , 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 authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations . A. bids and purchase Orders : 1 . bid # 9160 - Portable kadios 'City of Denton City Council Agenda July 5 , 1983 Page Two 2 . Bid # 9161 - Utility Poles 3 . Purchase Order # 57594 to Layne-Western for $ 13 , 117 . 75 , h . Gontractst 1 . Approval of building attendants contracts for the Parks and Keereation Department , C . Plats and Keplats : 1 . Approval of the final plat of Lot 1 , block A , Kidgecrest Apartments . (The Planning and Zoning Commission recommends approval . ) 2 . Approval of the final plat of the Sandy Hill Addition , (The Planning and Zoning Commission recommends approval . ) 3 . Approve l of the final plat of lots 1 and 2 , Thompson Addition . ( The Planning and 'Zoning Commission recommends approval . ) 4 . Approval of the final plat of the Triangle 11 Addition . (The Planning and Zoning Commission recommends approval . ) i 5 . Approval of the final replat of lot 2 , block A , freeway Park Addition . (The Planning and Zoning Commission recommends approval . ) D . final Payment ; 1 . Payment to Rene Bates Auctioneer in the amount of $8 , 568 . 40 . 31 Public Hearings ; A . 5 - 169 . This is the petition of Wesley A . Davis requesting a specific use permit to operate a day care center at 519 and 529 Bolivar Street ( First Church of the Nazarene) . The property is presently zoned planned development (PD) for a funeral home use only . (The Planning and Zoning Commission recommends approval . ) 1 . Consider adoption of an ordinance changing the zoning from planned development ( PD) for a funeral home use only to a specific use permit to operate a day care center at 519 and 529 Bolivar Street . 41ty of Denton City Council Agenda July 51 1983 Page Three B . Z- 1585 , This is the petition of Cozy Oaks , Inc . requesting a change in zoning from offi^e (0) to the planned development (PU) classification on a . 650 acre parcel located adjacent and west of the intersection of Myrtle and Fort Worth Drive , adjacent and east of Carroll boulevard , and north of the merger point of Carroll and Fort Worth Drive . If approved , the planned development ( PU) would permit the construction of an approximately 4 , 020 square foot restaurant , (The Planning and Zoning Commission recommends approval , ) 11 Consider adoption of an ordinance changing the zoning from office (0) tc the planned development (PD) classification to permit the construction of a restaurant on a . 650 acre parcel located adjacent and west of the intersection of Myrtle and Fort Worth Drive , adjacent and east of Carroll boulevard , and north of the merger point of Carroll and Fort Worth Drive . 4 . Urdinances ; A . Consider adoption of an ordinance adopting regulations relating to subdivision and development of land . B . Consider adoption of an ordinance amendment to Chapter 25 of the Code of Ordinances providing new water and sewer tapping fees for water and sewer service . (The Public Utility Board recommends approval . ) 5 . Resolutions ; A . Consider adoption of a resolution in support of the appointment of Juoge W . C , Boyd to the Fort Worth Court of Appeals . 6 . Consider institution of annexation proceedings on a 491 . 13 acre tract of land located on the south side of Jim Christal Road . ( Z -1578) (The Planning and Zoning Commission recommends approval . ) 7 . Consider authorization of an increase in the upper limit for Purchase Order # 55497 ( Lake Lewisville) and Purchase Urder # 55498 (Kay Roberts) to black and Veatch for engineering services with Federal Cnergy Kegulatory Commission (E KC) for hydroelectric facilities . (The Public Utility board recommends approval . ) City of Denton City Council Agenda 'July 5 , 1983 Page Four 81 Consider a reduction in retainage from 5% to 1% for Cullum Construction Company on the contract for the Hickory Creek interceptor sewer line , Bid 9002-Contract A . (The Public Utility Board recommends approval . ) 91 Consider approval of final payment to Freese and Nichols , Inc , on Contract C-48- 1188-03 for effluent filters . (The Public Utility board recommends approval . ) 10 , Consider approval of a reduction in retainage from 5& to 1% for Jagoe Public for the completed portion of Windsor Drive . 11 . Official Action on Executive Session items : A. Legal Matters B . Deal Estate C. Personnel D . Board Appointments 12 . New Business ; This item furnishes a section for Council iMembers to suggest new items of business for future agendas , C:: RTIFICATION I certify that the above notice of meeting was posted on the bulletin oard at the City Hall of the City of Denton , Texas on the e � day of C ' 198 ;; at o ' clo ky a .m . (Tr-. H}4 ity 6ecretary 0887C AW NDA CITY UF Ok NTUN C17'Y i;UUN(AI, July 5 , 190 Work Session of the City of Uentorl clt}y' Council on Tuesday , July 5 , 1983 , at 5 : 30 Y , PI, In the Ctvil Defense Cems ollwill the Municipal Building at which the ollowinb considered ; 5 : 30 p .ul . 1 . Receive a report on the t; ity of uenton ' ti Liability insurance program - 2 . Discussion an the water quality at Lake Lewiwvllle . 30 executive session : A . Legal Tatters - - Under Sec , 2 (e) , Art . 6'252- 17 � V . A . '1' . S4 - - rider Sec . 2 ( f ) , Art . 625'2 - 17 B . Real Estate U V . A , T , S , G . p,.rsonnel - - Under Sec , 2 (g) , Art 6252- 17 V . A . T . S . 11 , Board AppoinV:ulents - - Under Sec , 2 (g ) , Art 6'.2, 52- 17 V . A . 1. , S , Regular fleeting of the City of Denton city Council on Tuesday . July 5 , 1983 , at 7 : 00 1 , PI. in the Council. ClItemsrswill the Municipal building at which the following considered : 7 : 00 Y , M . l Consider approval. of the ,Minutes of the Special Ca1.1ed Meeting of June 1.4 , 1983 and the Kegular Meeting of June 21 , 1983 . 2 , Consent Agenda : each and o £ these items is recommended by tile Staff approval thereof will be stoval yo [ the Coles gent Agenda Staff reconmerldation'; Approval authorizes the City Tanager or his designee to ilnplenlent each item in accordance with the Staff r .ommelldations . A , bids and Purchase Orders : 1 bid # N160 - L'ortable Radios City of Denton City Council Agenda July 5 , 1985 Page Two 2 . bid # 9161 - Utility Poles 3 . Purchase Order # 57594 to Layne -Western for $ 13 , 117 , 75 . b . Contracts ; 1 . Approval of building attendants contracts for the ['arks and Recreation Department C. Plats and Relplats ; 1. . Approval of the final plat of lot 1 , block A , Ridgecrest Apartments . (The Planning; and Zoning Commission recommends approval , ) 2 . Approval of the final plat of the Sandy Hill Addition . (The 111a11111116 and 'Zoning Commission recommends approval . ) 3 . %pruval of the tinal plat of lots 1 and 2 , Thompson Addition . (The Planning and 'Zoning Commisslon reconmends approval , ) 4 . Approval of the final plat of the Triangle 11 Addition . (The Planning and Zoning; Commission recommends approval , ) S . Approval of the final replat of lot 2 , block A , Freeway Park Addition . (The Pir.inning and Zoning Commission recommends approval . ) D. Final Payment ; 1 . Payment to Ilene bates Auctioneer in the amount of ,$8 , 568 . 40 . 3 . Public Hearings ; A . S- 169 . This is the petition of Wesley A . Davis requesting a specific use permit to operate a day care center at 519 and 529 Bolivar Street ( First Church of the Nazarene) . The property is presently zoned planned development ( PD) for a funeral home use only . (The Planning and Zoning; Commission recommends approval . ) 1 . Consider adoption of an ordinance changing the zoning from planned development (PD) for a funeral home use only to a Specific use permit to operate a day care center at 519 and 529 bo.livar Street . City of Denton City Council Agenda July 5 , 1983 Page Three B . Z- 1585 . This is the petition of Cozy Oaks , Inc . requesting a change In zoning from office (U) to the planned development ( PU) classification on a . 650 acre parcel located adjacent and west of the intersection of Myrtle and Fort Worth Drive , adjacent and east of Carroll Boulevard , and north of the merger point of Carroll and fort Worth Drive , It approved , the planned development ( PU) would permit the construction of an approximately 4 , 020 square foot restaurant , (The Planning and Zoning Commission recommends approval . ) 1 . Consider adoption of an ordinance changing the zoning from office (0) to the planned development ( PD) classitication to permit the construction of a restaurant on a . 650 acre parril located adjacent and west of the Intersec , ion of Myrtle and Fort Worth Drive , adjacent and east of Carroll Boulevard , and north of the merger point of Carroll and Fort Worth Urive . !j . Ord finances ; A . Consider adoption of an ordinance adoptin regulations re lot lrig to subdivision an� development of land , B. Consider adoption of an ordinance amendment to Chapter 25 of the Code of Ordinances providing new water and sewer tapping fees for water and sewer service , (The Public Utility Board recommends approval . ) S . Kesolutlons ; A . Consider adoption of a resolution in support of the appointment of Judge W . C . Boyd to the Fort Worth Court of Appeals . 6 . Consider institution of annexation proceedings on a 491 . 13 acre tract of land located on the south side of Jim Christal Road , (Z- 1578) (The Planning and Zoning Commission recommends approval . ) 7 . Consider authorization of an increase in the upper limit for Purchase Order # 55497 (Lake Lewisville) and Purchase Order k 55498 (Ray Roberts) to Black and Veatch for engineering services with Federal Energy Regulatory Commission (F„ RC) for hydroelectric facilities , (The Public Utility Board recommends approval . ) City of Denton City Council Agenda July 5 , 1983 Page Four 8 . Consider a reduction in retaina -e from 5% to 1"/o for Cullum Constructior Company on the contract for the Hickory Creek interceptor sewer line , Bid # 9002 -Contract A . (The Public Utility Board recommends approval , ) 9 . Consider approval of final payment to Freese and Nichols , Inc . on Contract C- 48- 1188-03 for effluent filters . (The Public Utility Board recommends approval . ) 10 . Consider approval of a reduction in retainage from 5`Io to Lo for Jagoe Public for the completed portion of Windsor Drive , 11 . Official Action on dxecutive Session items ; A . Legal Matters B . Real dstate C. Personnel D . Board Appointments 12 . New Business ; 'this item furnishes a section for Council Members to suggest new Items of business for future agendas . (1, RTIFICATION 1 certify that the above notice of meeting; was posted on the bulletin board at the City llall of the City of Denton , 'Texas on the day of � , 198 at o ' clock a .m . (p , m . ) vCity Secretary 08870 CITY OF Dv1, NTON Eli MORANUUM TO : Mayor and Members of the City Council FROM : Charlotte Allen , City Secretary UA11. : ,Tune 30 , 1983 SuBje. C1' : back-up Materials for Agenda item # 1 at the 5 : 30 Work Session This will be an oral report to the Council by Mr . John Maxwell . There is no written material for this agenda item , 4 Charlotte Allen ca 0894(, July 5 , 1983 CITY COUNCIL AGENDA ITE61 SUBJECT ; Discuss Lewisville Lake Water Quality , SUMMARYi The quality of the water in Lewisville Lake is generally €airly good , The raw water , of course , Is monitored by the City of Denton , the City of Dallas , and the City of Lewisville , since each of these , ities utilize Lewisville Lake for their drinking water source . There is general concern by all of the cities In the metroplex area of the quality of the water of all of the drinking water reservoirs located in the generally urban metroplex area . As the population in the area continues to increase and more and more runoff water from city streets and industrial sites increases , the potential for degradation of water quality does exist . Through the North Texas Council Of Governments Water Resources Council , a major effort has been made over the late. four years to monitor the "non-point " pollutant sources , These "non -point" sources are primarily characterized as agricultural , industrial or urban runoff . Agricultural pollutants consist of particular herbicides and fertilizers , whereas industrial pollutants are characterized by quite a large variety of possible compounds , and urban "non -point ' sources are primarily oils , greases and heavy metals that are washed off of the streets . Due to the location of Lewisville Lake , the "non -point " sources of pollutants are primarily agricultural in nature with relatively smal ' amounts from urban areas sucn as the City of Denton . These "non-point " sources and the quality of the lakes are being monitored by the Texas Department of Water Resources and reports are made at the Water Resources Council meetings at the North Texas Central '%otincil of Governments on an annual basis . Howard Martin , Environmental Services Administrator for the City of Denton , is the Pollution Abatement Officer for the Denton area . In this capacity , he monitors pollution complaints as thev arise within and around the City of Denton which could ultimately find its way to Lewisville Lake . When such a pollutant situation occurs , Howard works with the local health office and the State of Texas Department of Water Resources and the local responsible party to correct the problem . A full monitoring program , however , cannot be implemented by Howard ' s Laboratory Division due to manpower and budget constraints . 2224U / 11 A specific concern that exists is the relative overloading of a wastewater treatment plant serving several communities on the west side of Lewisville Lake which results in very oor sewage effluent being discharged into Lewisville ake , 'There are efforts underway to expand the size of that plant , but it appears that this process may take several years to correct . A general concern that exists is the pressure from developers to continue development around the lake area without adequate wastewater collection systems , Most of the Individual residents located in and around the lake have septic tanks which often do not work satisfactorily . In addition , larger developments are attempting to install small package sewer plants to serve their development , The history of the quality of the effluent from these small package sewer plants is very poor due to the lack of adequate maintenance attention and operations , The City or Denton attempts to monitor such conditions and encourage coordinated developments to prevent a major pollutant problem from such development , FISCAL SUMMARY : Not Applicable , ACTION REQUIRED : Receive input and guidance from the City Council , Res ectfull , � � r R . E . Nelson Director of Utilities V H1BIT f Pfemo , H . Martin , ESA , 6 /38/83 & related attachments ? 224U / 12 1 ON / N, TEXAS AxPA*rmcw L U u l 04""044 owtoN mrw MAI r47N tiIMOMfiNri 7MN:3c Toi David Ham, Asst . Dir . of Uti.l . , 1Pater/Wastewater Div , 1'ROMr Howard Martin, Denton Municipal Laboratory Div . DATEi .rune 28 , 1983 SU8,7FCTt Lake Lewisville Water Quality The 'Texas Department Water Resource has estabiished water quality standards on the basis of benef. ical uses such as domestic water supply, propagation of fish and wildlife , contact recreation , and noncontact recreation , The TDWR has divided the surface waters of the State into drainage basi ,)s and has designated particular lengths of each water course or water body as segments , Within the Dallas/Fort Worth planning area there are fifteen state segments , eight reservoirs , and seven stream sections , i A comprehensive assessment of water quality conditions for the region ' s lakes and streams was presented by North Texas Council. of Governments in the 1983 Annual Water Quality Management. Plan . 'The conclusion i' ^om this assessment was that lakes in this region generally exhibit good water. quality . All eight reservoirs ( Lewisville included) in the planning area have been deemed desirable for water supply . All stream segments in this area are also deemed desirable by state standards , with the exception of West Fork/Main Stem (Fort Worth area ) . Periodic fluctuation of pH values and low dissolved oxygen levels are common concerns on Lake Lewisville . Potential problems, with regard to nutrient loading and algae production , have also been observed on Lake Lewisville . Algae problems are often expressed as taste and odor complaints by water customers , Most of the problems encountered on Lake Lewisville usually occur during the summer months and/or periods of heavy watershed run-off . Preliminary sampling on other area reservoirs have identified high concentrations of trace metals in sediment samples , indicating a need for more detailed studies in this area , Howard Martin , Denton Municipal Laboratory Div . Attainment Status of State Water Quality Standards, 1981 .82 Wks My Robons .� ow NvIIN . Q0lMtCM `' I McK"A" I \ B � 1` uili N elm Fork `1 D Lakes 40 toot Fork Lakes au II 6h loeNt'ON C4 ia9N MOYf1111n \\;; k" rt �1.. 1 H4 bb" r4a}11VOlf ��♦r• + .� N• ork 1` 1\,11SY�Nd F C " IM low r 1� Lekes WeslFO�k WhiNXOCk 1 `� ' , ?• .ii 1 Below Lakes 0 1 `• t � �> � ` IOAt IVUIITM uka East fork wwln M'� ' + ; "LL" `11L.eNW I '�Illl ���' t I MounlatnCrHk 11 r` y MMrook +� r I) G t' eti SI Lako .i f YrInhyRiver 'I 00 Uk#rlew IAS CO. Mein Stem YA ANT M A AsNnolr I 1 ,JOHNSON CO. west Ford Lakes K AWMAN Boundary of Designated Planning Area Segment where water quality criteria supporting the desirable water uses are being met 1 sear Segment where one or more water quality criteria supporting the desirable water uses are not being met lY g �..�A�r Identification and boundary of watersheds ` Reservoir under construction '"'` 2. 3 a Texas Water Quality Standards Criteria and Desired Uses for Fresh and Tidal Waters Desirable Water L!ses Criteria � o U. e N Segment z a a iL ra N d �d a ►- Lake Worth + + + + 100 100 500 5.0 6.540 200 91 Lake Worth + + + + 100 100 500 5.0 6,6.9.0 200 91 Headwaters Lake Arlington + + +— + 100 t00 300 6.0 6.5 90 200 95_ Benbrook Lake + + + + 75 76 300 5.0 6.6.9.0 200 93 Lewisville Lake + + + + 80 60 500 5.0 6,5.9.0 200 90 Grapevine Lake + + _+ + 80 60 500 6.0 6.5.9.0 200 93 Elm Fork + + + + 80 60 500 6.U— 6.5 9.0 200 90 Donlon Creek + + + + 80 60 600 -5.0 6.5.9.0 200 90 - Lake Ray Hubbard + + -+ + 40 40 300 6.0 6,5.9.0 200 93 { Lavon Lake -� + + + + ` 40 40 300 5.0 6.5.9.0 200 93 50 400 4.0' 6.5.9.0 2,000 91 West Fork • Beach _ +a _ _ 176 175 850 3A•• 6,6.9,0- 2,000 95 St. to Elm Fork West Fork in � + + + + 100 100 500 5.0 6.5.9.0 200 93 Fort Worth _ Clear Fork - —+ + -+ + 100 100 500 5.0 6,5.9.0 200 93 Trinity River • Elm _ +a _ 175 175 850 3.0•' 6.5.9.0 2,000 95 Fork to Rosser _ �"1' White Rock Lake + + + '+ 100 100 ' 400 5.0 6.5.9.0 200 93 Sources "Texas Surface Water Quality Slandards' Adopled by the stale in February 1981, For this segment,the desired use "f ropagation of Fish and Wildlife "is identified as that applicable to a modified warm water habitat Does not apply when the headwater flow at U.S.G.S.guage station at Beach Street in Fort Worth is loss than 80 cis In such cases, the dissolved oxygen standard shall be 1,0 mg/l. Application of diurnal variation of dissolved oxygen criteria noted in the Standards Is restricted to [hose Incidences where ambient dissolved ' 2 oxygen Ievols are 2.0 mg!i or greater, ,i a Oesired uses such as navigation, agricuttural water supply and industrial water supply are applicable to this segment. t r( '' 2. 5 Comparison of Water Quality Information `r1 In North Central Texas, 1978.76 to 1979804 T0444 wtlhe tawlMl st•ms•ee• Outilw f, kw4 wlFt« +� [�9�11 tarn Inak•ta• O'••Ir+lllM CeMK4 ch•fnk•Nlah�•IC•I 111O10a. writ« uw 1 K T, > E take worm { + + + 11SIM D © D 61 U 0 ? ? ? ? • i ao.a°r"ra�-- + + ++ ♦ 61 0 D U O D C7 • ? ? _? — ?. .. :3. Lase Anrgson '� + �' ♦ [.J [) D U [:J [`� []� • ? ? ? • �}? « Benbrbok Labe — +�+ + + ♦ 61— CL B [� ? ? ? ? ? ? t I ew Swne Lake _ + + + ♦ C1 + 19 [ ' f� D C9 D • ? ? d ? ? �r Gl UmOrrM Lake — + + + + D D D D [Y D o ? ? ? ? ? ,M Elm ron _—' + + + + [�1 1� o U � 0 • � � ? • ? c D►m on Gw + + + + DI6i L1�' '� U [fa hhG��l • ? ? ? '1 • I Lake Aay KuMald + + + ♦ �' Lv' ' �l u u' u • ? ? Y? • If Larch Lake + + + ♦ []` [�] [`.� [�� L.1 [ • ? ? • ? • ? F East Foil-- .� + '+' ♦ L� C� r �� D • ? _� 0 . ' ? ._. 1 S asi Eon r 4lnech .�. 0 Gi � u r 0 rn ' r Fort IWOrth w, + + + "�' [ —[.1' N L3 • ? ? • ? ? o Cbar Foil -}' -+ -+ ♦ C`1 L L". 0 Gl L D • '.i ? ? lhney abet E4m � � 7 Foil to absser + D {� (] �� ❑ • • • • I . While Flcad Lake ++ + + -}- LJr • ? ? ? ? ? ? Tecas Water Ouahty Standards Symbol Definllions ♦ Yes No �� Pecenl Gala Id 191980 Mtnle Intl stale sla Mards are ana�npd L wstorrcai data for 1915 76 ,ndKa!e that stale staMards are ana�ned t,` Both recen' and Nslaica'data md�:Ale that start standards are afla,ned it loCM aorta ,nd,wle that stale standards are roi.anarnee werblr ► Nrstorcai dale wLCate that state staMards are nol anained ySF1L�IT�YI',a[;1,3 0 BOIh Weld and ih s101aar data rnd{ale that stale SlandardS era nol allarned Other Water ouatrly Indltatore Symbol Oefinitiona RP enl data i%i tan Wu doMnrons C Pislw-cai data iMmale la,,ca a cardaions r p ? 8th,EC nl and hisiolrcal data ind�cale IavoratNe tonaaans I t 1 AMenl data rM,cale wtehbal pr6oems I 1' 1 rlistwpcal data ndoi wlenGai prob,'e:ns • Both ie:ent dM msldraa'data rr.<kate wD11141 prol>ri Aefenl data unavadaGe d msi nK ent 10 make luogearenl hl0']bed a•+d urdaltd flbn iNA Cidu9'rkJ put Wa'ar Qlalldy.19V M Pik ThiS sumrnary Must be used Wllh caution s Me a large volume of lochnlcal data have bean reduced to lrns single table. Alw because al insufficient data for some roil quafdy Indicators, duecl comgahSOns arnon) water bodlos Is drNlcull. y a Desucd uses such es navigation,agocuaural water supply and mdustnal water suAWy are apphcatele to lhls segment Li4! D Thrs chart'vdl he updated lot 1981.82 based on sampling data being obtained Iron mondonng agencies 2 , 13 i CITY COUNCIL MINUTES June 14 , 1963 The Council convened into a Work Session in the City Council Conference Room of the Municipal Building at 5100 p.m. PRESENTi Mayor Pro Tom Riddlasparger , Council Members Barton, Hopkins , Stephens , Alford and Chews CIty Manager , City Attorney and City Secretary ABSENTi Mayor Stewart was attending the United States Conference of Mayors annual conference 1 , The Council considered authorizing the City Manager to approve an agreement with David M, OrtEftth and Associates to perform a study of current fees and charges , City Manager Hartung reported that David M. Griffith and Associates could provide a computer program which would review the actual costs of all services which the City provides , The cost of the agreement would be $25 ,000 , but the results of the study could be used to effect a projected $200 , 000 savings for the City. The conclusions and recommendations from the study results would be brought to the City Council during the budget process. Mayor Pro Tem Riddlesparger asked if the consultants would survey the charges of the Library and the ?arks and Recreation Departments . City Manager Hartung responded that all City services would be reviewed , Council Member Hopkins stated that he felt the study was necessary and asked if conducting the survey was beyond the capability of the Staff , City Manager Hartung replied that due to the absence of a Finance Director and the absence of a budget assistant in the Utility Department , this type of in-depth study would be difficult for the Staff to conduct and finalize in conjunction with the time deadlines for the City budget . Council Member Barton stated that he felt a study like this was needed and that the potential savings would Justify the cost of the .agreement . Mayor Pro Tem Riddlesperger asked how many tees would have to be charged to recoup the $25 , 000 cost of the agreement , City Manager Hartung responded that the same firm had conducted the cost allocation study and that the coat had been recouped , hartung also stated thb� with the increase in development in Denton , the burden on City departments would bi excessive . Any increase in development fees would be paid by the deve open , Council Member Stephens asked it the study would be looking at the current fees to determine an equity of costs , City Manager Hartung responded that the study would allow the Staff to correlate costs for City services to r`ie person who created the cost . The purpose of the survey findings would be to recover the actual costs of providing the servtcus , Barton motion , Hopkins second to approve the agreement . Motion carried unanimously , 1 , The Council then convened into Executive Session to consider legal matters , real estate , personnel, and board appointments , No official action was taken. .%, , 08$'lC CITY COUNCIL MINUIMS June 21 , 1983 The Council convened into the Work Session at 500 p.m. in the Civil Defense room. PKi %NT: Mayor Stewart, Mayor Fro Tom Kiddlesperger , Council Members Barton, Alford, Chew, Hopkins , and Stephens ; Assistant City Manager , City Attorney and City Sacretary AB% NT: None L . The Council held a discussion with representatives of Arthur Andersen regarding the City of Uenton 1487 audit , bill Dillon of Arthur Andersen handed out an agenda for the discussion to the Council . Dick Kreutzfeldt asked if the entire Council would prefer to meet with the auditors , or if the Council Audit Committee would be designated to represent the Council , Mayor Stewart responded that he felt the Audit Committee should meet with the auditors . Council Member Hopkins stated that the Staff should be kept current on the status of the audit as it progressed . sir . Kreutzfeldt stated that the agreement between the City and Arthur Andersen included 60 to 80 hours of contributed services, Mr . Kreutzfeldt suggested that the Council might want to Consider utilizing this time in the review of the Finance Uepartmenc organization and procedures or a review of the accounting methods being used for motor pool transactions . Mr , Kreutzfeldt asked that a letter designating these areas for the contributed services be forwarded to Arthur Andersen , Council Member Hopkins stated that the two areas suggested by Arthur Andersen were important ones , Mayor Stewart stated that it was essential to keep the contributed services function and the audit function separate , Mr , Kreutzfeldt suggested that he would contact City Manager Hartung concerning areas for consideration under the contributed services provision and would report back to the Council . Mr . Kreutzfeldt reported that a tour of City facilities had been completed by the audit team and some interviews had been held , the audit work programs and timetable were being developed and financial statements were being dratted. Mr . Kreuuzfeldt also stated that recent accounting pronouncements would have an impact on the City ' s financial statements ana that he would report back to the Council what these Impact would be. Bill Dillon reported that the purpose of the audit would be to set procedures . Mayor Stewart asked that the auditors bring any problems to the Council . Council Member Stephens asked if the auditors had established procedures which they would use to look for problems . Mr . Dillon stated that the emphasis would be on the procedures but the procedures would show any irregularities . City of Denton City Council Minutes Meeting of June 21 , 1983 Page Two The Council convened into Executive Session to consider 1egu1 matters , real es tat a , personnel , and board appointments No official action was taken , 'rho Council then convened into the Regular meeting at 7 ;00 p ,m, in the Council Chambers , M SE NT: Mayor Stewart , Mayor Pro Tam Kiddlesperger , Council Members Barton , Alford , Chew, Hopkins , ano Stephens ; Assistant City Manager , City Attorney , and City Secretary ABS6 NT : `tone 1 , The Council considered approval of the Minutes of the Keguiar Meeting of June 7 , 1985, Kiddlesperger motion , Barton second to approve the Minutes as presentee , illotion carried unanimously , Z, Kesolutions The Council considered adoption of a Kesolution in appreciation of Nita 'Thurman. The following Resolution was presented : VZSOLUTION IN APM- CtATiON OF "N ITA THUR,MAN" WH6 M AS, Nita C. Thurman attended the North Texas State University Demonstration School, Denton }sigh School and North lexas State University ; anu 148, tG AS, Nita has been on the staff of the Mid-Cities Uaily News from 1968 to 1973 ; served as a reporter and city editor for the ,Marshall News-Messenger , and has been on the staff of the Denton Keeord-Chronicle since 1975 ; and WILRL AS , during Nita ' s tenure with the Denton Record-Chronicle she has served as associate editor covering news relating to government and law enforcement and has covered city government since 1979; and WW PL AS Nita has been presented with the Golden Hammer Awaro from the National Association of dome Builders ; and WNdhr: AS, Nita has exhioltee outstanding expertise , along with hard work and an exceptional ability to report accurately , and has gained the respect and admiration of the City Council and Staff of the City of Denton ; and WIL RL AS the City of Denton has bean extremely fortunate in having enjoyed the dedicated and outstanding services of Nita C. Thurman, and seek her future support which we know gill be forthcoming : NOW , TW-MFOM, B, IT MSUL%O BY MF CITY COUNCIL UF rHL CITY OF ui NTON, 'M XAS: that the City of Denton does hereby officially and sincerely extend its best wishes to "NITA C, THUILMAN" for a long and auccesstul career as a member of our community ; and City of Denton City Council Minutes Meeting of Juno 2l , 1983 Page Three iiS IT FUKTIU K hY; SOI.'.1; U, that the City Council of the Clcy of Denton, acting on behalf of the citizens and staff , wishes to acknowledge with grateful appreoiation the services of Nita C. Thurman and the devotion she has given to the City Council of the City of Denton and order that this Resolution be made a part of the official minutes of this Council to be a permanent recora of tho City that a copy be forwarded to her , the said "NI TA C, THUMAN" , as a token of our appreciation, PASScD ANU AM MU U this the 21st day of June , 1983. RICHARD , 5 ' l K' , DL10 CITY OF W NTON , 113 XAS T7w , RlDDLZSPLRGLR, MAYOR PRO-MM MARK R. CIEW, COUNCIDIAN E C, ALPOR5, NUNCIUMAN RAT ST� PIi:, , S , COU,NCI XAN CHARic: S HOPKINS , COUNCIIAMAN JACK Q. dAkTON, COUNCii�IAN ATII: ST: APPRUVd D AS TO lu OAL Fo"i r CHARLOTTE AL[ N, CITY SGCMTAKY C, J. TAYLUK, JK„ CITY AZWK,WY A unanimous motion was made with a unanimous second, On roll call "aye" „ „ vote Barton aye Hopkins aYe„ "aye” ,aye„ A1fQrd aye„, kiddlesperger "ayes', Chew "aye' , and Mayor Stewart "aye ' , Mot ton carried unanimously, 3, Consent Agenda Hopkins motion, Barton second to approve the Consent Agenda, 'lotion carried unanimously , A, Bids and Purchase Orders ; 1, Bid 1 9158 - PVC gasketed sewer fittings 2, Purchase Order g 58230 to Wang Laboratories , Inc , 3 , Purchase Ueder # 58314 to Bolain dquipment 4 , Purchase Order # 58483 to Print Shop of Denton B. Final Plats ; 1 . Approval of the final plat of the Crescent Street Addition, (The Planning and Zoning Commission recommends approval, ) I City of Denton City Council minutas Meeting of June 21 , 1963 Page Four 2 , Approval of the final plat of the North Lake Park Addition - Phase 111 , (The Planning and 'Zoning Commission recommends approval , ) 3 . Approval of the final plat of the Westwino W itlon . (The Planning and zoning Commission recommends approval . ) C. Contraots , I . Approval of a contract with AVW for the dconomic Development Program audio-visual presentation , 21 Approval of a contract with Group Graphics for the dconomic Development Factbook . D. casements : 1 . Consider easement abandonment at 1111 Cordell Street . (The Public Utilities Board recommends approval . ) Tax Refund : 1. Consider approval of a tax refund , 4 . Representatives of the Confederate Air Force appeared before the Council reqquesting permission to use the Denton Municipal Airport for a CAF airshow . ir , ,dike Clark of the Confederats Air Force, DFW wing, stated that the CAF planned to hold a Class A airshow in Denton which would take the fu.1 range and spectrum of the CAF and would include b-29 and d-'24 aircraft. Mr . Clark reported that the CAF would work :rich 7 different sponsors for concosaions . The fuel requirements , parking , and dust control were in the process of being worked out . Mr , Clark also reported that security had been handled and that advertisin for the airshow was underway . Mr , Clark estimated a crowd of 35 , 008 for the show. CAF representatives had met with the Airport Advisory board and the board had recommended the approval of the request to use the airport . Mayor Stewart asked if Mr . Clark felt that all necessary arrangements had been made . Mr . Clark responded yes but the one thing that could not be controlled would be the weather . Riddlesperger motion, Hopkins second to r.pprove the airport use agreement . Motion carried unanimously , 5 The Council received the Planning and Zoning Commission recommendation for the live year Capital improvement Plan . Dr , Robert LaForte , Chairman of the Planning and Zoning Commission, reported to the Council that the City was faced with an approximately $30 million dollar problem dealing with the streets ; Woodrow and Oriole should be rebuilt , Dr . LaForte stated chat public hearings had been held to obtain citizen input on C1P projects. Most of the immediate probLems deal with drainage . 6 Mr . Willie Hudspeth appeared before the Council regarding the installation of scoreboards with advertising to he placed In City parks . Mr . Hudspeth, Commissioner of the udnton Boys "I'd CkIe Football Association , than'Ked the Council for the opportunity to :appear City of uentun city Council ,Minutes Mae ting of June 21 , 1983 Page five before them, Mr , Hudspeth reported that the City did not have the funds to do some of the things that dould improve the parks . The tackle football association had seen an increased enrollment and interest in football . A questionnaire which was returned to the association cited a concern over no scoreboarda at the r. vers Park football fields. A fund raiser had been initiated to help with the sodding and maintenance of the fields and to pay for scoreboards. Mr. Hudspeth stated that it had taken approximately A months to solicit the funds from local sources who wished to advertise on the scoreboards in exchange for a donation to be used for the purchase , Approximately two weeks ago, Mr . Hudspeth stated that he was informed that fivers Park waa zoned agricultural which did not allow for any advertising , Mayor Stewart asked if the understanding was that after three years , the advertisements would be painted out , Mr , Hudspeth responded yes , Council rlember Hopkins asked what would be the proper procedure to zone the park so that the scoreboards with the advertisements could be installed , City Attorney Taylor stated that he believed that Mr , Hudspeth wanted to go ahead with the preliminary work for the sign implacements while the rezoning process was underway so that the zoning final action would coincide with the installation of the scuraho< rds , Council ,Member Alford asked who would be the sponsors advertising on the scoreboards. Mr . Hudspeth replied that the Western Hank and the University Bank had committed to sponsor the scoreboards . Jeff ;layer , Director of Planning and Community Development , reported that the Park Board had reccmmended endorsement in principle but would Like some time to develop some guidelines , From a planning and zoning standpoint , cvers Park is now zoned agricultural which means no advertisements , Mr . Meyer asked for direction from the Council to take to the Planning and Zoning Commission. Mr , ?teyor pointed out that if all City parks were rezoned other than agricultural , it would open all of the parks up for all sorts of advertising. %It . ,Meyer suggested that the Mr , Hudspeth might want to petition the Planning and Zoning Commission through the Staff to beggin proceedings to rezone fivers Park to a Planned Development wh[ch would allow for the advertisements and yet maintain control of other uses of the land , ?like Campbell of the Parks ?,card reported that the method the Council was using to deal with the problem was exactly what the Parks Hoard would recommend , Council ,Member Stephens asked if the Board would be working on the guidelines . Jar , Campbell stated that the Board wouLd be glad to develop guidelines, Barton motion , Chew second to approve the planned development concept and to direct the Planning and Zoning Commission to waive the $200 fee , ?lotion carried unanimously , 7 . Public Hearings A. The t;ouncll considered the petition of Indigo Builders , Inc , requesting a change in zoning from single family (SF- 7) to the City of Denton City Council Minutes Meeting of June Y1 , 1983 Page S(x planned development (PD) classification on a 1 . #2 aura tract located at the southeast intersection of Bell Avenue and WI;idsor Drive. If approved , the planned development (PD) would ppermit the construction of foue (4) quadraplexes (16 units) , life property is more particularly described as lots 1 , 2 , 3 , 4 , 5 , 6 and 7 , block 1 , Windsor Place Addition , 4-1581 The Mayor opened the Public Hearing . sir . Dale Morgan, Marketing Director of Indigo Builders , spoke in favor of the petition stating that the firm presently was developing 7 buildings in the area. The planned development would permit an additional 16 units to be built giving a density of 11 units per acre , Me . Joyce Pittman, President of Indigo Builders, presented a slide presentation of the quadraplexes which the firm had constructed , Me , Pittman stated that the units would give a feel of single family dwelling and that the streets , sewer , and dater were already in place , Mr , Pittman stated that her firm would build quality homes . No one spoke In opposition to the petition . The Mayor closed the Public Hearing, David Alison, Planning and Community Development Staff , reported that 17 reply forms had been mailed with 1 being returned in favor ,)no 3 In opposition. The area is mostly single tamily housing and low density , Adequate public facilities are available and in place and dllison reported that parking would not de a problem. The developer had agreed to install sidewalks on the north side of the development , The development rates from slightly acceptable to acceptable in all categories of the Denton Development Guide . The Planning and Zoning Commission had recommended approval with 6 conditions . The Council considered adoption of an ordinance changing the zoning from single family (SF- 7) to the planned development (PD) classification to permit the construction of four (4) quadraplexes (16) units on a 1 , 42 acre tract located at the southeast intersection of Bell Avenue and Windsor Drive, The following ordinance was presented : NO, 83-61 AN URUINA,4(.Z AMENDING TH& 'ZONING MAP OF TW CITY OF CENTON, C: 1AS, Ao SADE WAS AUUPTdU AS AN APILNDIX 'TO Tll: CUUL OF ORUINANO� S OF TN: CITY OF Dk NTON , TEXAS , BY ORDINAhCZ NO , 69. 1 , AND AS SAID MAP APPLES '10 APPRORIMAE LY 1 .42 ACRE OF LAND Ba1NG KNOWN AS LOTS 1, 2 , 3, 4 , 5 , 6 ANU 7, BLOCK 1, WINDSOR PLACE ADDITION, AN ADDITION TO T11: CITY OF Dk. NTON, DuNTON COUNTY, E W ; AND MORi PARTICULARLY tk SCR1iS; D WR6lkl ; AND DECLARING AN 3 FIE CTI%' DAU , Hopkins motion, Chew second to adopt the ordinance . On roll call vote Barton "aye" , Hopkins "ale" , Stephens "aye" , Alford "aye" „ "aye' „ Riddiesperger aye Chew aye and atayor. Stewart aye notion carried unanimously . d. The Council considered the petition of Richard Compton requesting a change In zoning trom agricultural (A) to the planned development (Pi)) classification on a 6. 264 acre tract located along the north side of Robinson Road beginning approximate .; .4 mile east of the intersection of Robinson Road and FM 2181 (Teasley Lane) . If approved , the planned development (PD) would permit the following land uses ; (Z- 1582) General Retail on 1 . 25 acres 4-plexes - on 1 .01 acres Luplexes - on 2 . 42 acres City of Denton City Council Minutes Meeting of June '21 , 1983 Page Seven The Mayor opened the Public Hearing , Mr , Bob Crouch , representing Mr . Richard Compton , spoke in favor of the porition stating that his client felt the location was very destra le for the proposed 17 duplexes and ) four-plexes . `tr . Crouch also reported the; several builders and developers were waiting on the zoning change on this tract , No one spoke in opposition . The Mayor closed the Public Hearing. Uavid Lllison of the Planning and Communityy Development Staff reported that 8 reply forms had been mailed with none returned in favor and I returned in opposition . The major concern of the Staff Was the location with respect to Robinson Road which is a County road , Since the City does not maintain the road , the Staff contacted the County about possible problems but the County did riot reply. The Planning and 4oning Commission had approved the petition with no conditions . The Council considered the adoption of an ordinance changing the zoning from agricultural (A) to the planned development (PD) classification to permit land uses of general retail on L . 25 acres , 4-plexes on 1 .07 acres , duplexes on 2 ,42 acrbs , on a 6. 264 acre tract Located along the north side of Robinson Road beginning approximately ,4 mile east of the intersection of Robinson Road aria FM 2181 (Teasley Lane) . The following ordinance was presented ; NO, 63-62 AN ORDINA`QQ AMA NDING TW- LONI,vG MAP OF TIC CITY OF LVNTuN, UI XAS , AS SAL% WAS ADUPTI.' D AS AN APW' NDIX TO 'rli3 COW OF UKDINANO3S OF TW CITY OF LtiNTON , EXAS, BY ORUINAM NO. 69- 1, AND AS SAID MAP APPLL: S TO APPRUXILMIELY 6 , 264 AClr`.' S OF LAND OUT OF TW T, M. DOWNING SUK% Y , ABSTRACT NU, 346 , ILhTON COUNTY, 'GiXA6 ; AN MUEL PARTICULARLY D6 SCR ILL D PUR� INI AND WCLARINO ANdF FE, CTI% DAII; , Chew motion , liopkins second to adopt the ordinance . Un roll :all vote Barton "aye", Hopkins "are" , Stephens "aye", Alford "aye" , Riddlesperger It Chew "aye' , and mayor Ste "aye MOCIJn carried unanimously . C. The Council considered the petition of N. Alex Bicklay requesting a change in zoning from Agricultural (A) to the planned development (PD) classification for agricultural uses , with residential uses Limited to one main dwelling and three mo'oile homes , subject to the following conditions ; t) mobile homes are not available to the general public for rent ; 2) mobile homes to be located no closer than 100 feet to any property line; 3) a portion of the property , with ar without mobile homes , not to be sold without first submitting a subdivision plat and PD zoning modification for approval. The property is described as containing 53. 865 acres in the Mary Austin Survey , located at 2203 Spencer. Road , in the County of Denton, Denton , Texas . Z-1584 The Mayor opened the 'Public Hearing . Ir . Alex Bickley , one of the owners , spoke in favor of the petition stating that this parcel 'would be for family use. one of the mobile homes would be for his mother and one of the mobile homes would be for a maintenance person. Neither of the mobile homes would be closer than 100 feet to the property line and would be located in a wooded area. Mr . Bickley asked the Council to consider Jn City of Denton City Council Minutes Moo tin g of June 21 , 1983 Page Zlght alteration to the original petition, Mr , biekley stated that instead of the third mobile hone , the owners have purchased an historical landmark home which they would like to move onto the property, Mr . Btokley stated that the ordinance could be written suoh that if the property should be subdivided In the future, all mobile homes would be required to be removed from the property , Mr , Ron Adkins , one of the owners , stated that it was his family ' s Intention to move onto the property as a permanent home and to improve the property. No one spoke In opposition, The Mayor closed the Public Hearing, Jeff Player , Director of Planning and Community Development , stated that the Council might want to refer the petition back to the Planning and Zoning Commission as the P6Z had not seen the addition of the historic landmark home in the original petition. Mayor Stewart asked if the Council had to refer the petition back to the Planning and Zoning Commission . City Attorney T6ylor replied that they did not as this had no bearing on the change in zoning but was a change to the provisions of the planned development. Council Member Barton stated that the addition of the historic home was an obvious upgrading in the planned development, Barton also stated that the ordinance would need to reflect the change iron 3 mobile homes to 2 mobile homes and the historical house The Council considered the adoption of an ordinance changing the zoning from Agricultural (A) to the planned development (PU) classification for agricultural uses , with residential uses limited to one main dwelling and three mobile homes , on property Located at 2203 Spencer Road . The following ordinance was presented ; NO, 87-63 AN ORDLNANCL AFtiNDING TW ZONING MAP OF THE CI'T'Y OF Ur. NTON, IliXAS , AS SAAB WAS ADOPTdD AS AN APFuNDIX TO Tiff COLT: OF UKDINANQ:S OF Ti-E CITY OF 06NTON, TcXAS, BY ORUINANCi :iO, 69-1, AND AS SAID KAP APPL16S TO APPROXIMAILLY 53865 ACR-S OF LAND OUT OF TH6 MARY AUSTIN BUR% Y, ABSTRACT NO. 4 , ILNTON COUNTY, TdXAS; AND KORL PARTICULARLY LC6CKI& D lk;kLIN; AND LL CL"ING AN &VFSCTIV� UAIL , Barton motion , Hopkins second to adopt the ordinance, On roll call vote Barton "aye ', Hopkins "are", Stephens "aya", Alford "aye", Riddlesperger "aye", Chew "aye' , and Mayor Stewart "aye", Motion carried unanimously , D, The Council considered the petition of H , J . and Ann Minton requasting a change in zoning from single family (SF- 7 ) to the office (0) classification on a 0 ,486 acre tract Located at 1600 and 1608 Bernard Street and 702 Stemmons , Z- 1568, The Mayor opened the Public Bearing, No one spoke in favor of the petition, No ow? spoke in opposition to the petition . The Mayor closed the Public Hearing , City of Denton City Council Minutes Mae ting of .tune 21 , 1983 Page Nlno Jeff Meyer , Director of Planning and CommunitV Uevelopment , reported that no notices were sent as the Planningg and :,ontng Commission had ocigtnally recommended denial of the petition , the Council had held a public hearing on the petition and ned Cabled the Issue , The Council had then removed the itom er,,w Cho table and had referred It back to the Planning and 4onin; Commission. The P&Z was abaIn recommending denial of the petitton, The Council needed to take a final action on the petition to clear it from the books . Barton motion, Chew second to deny the petition, Motion carried 6 to 1 with Council Member Stephens casting the opposing vote . a . Ordinances A. The Council considered the adoption of an ordinance amending Article 12 (49) and ( 50) of Appendix B - 'Zoning of the Code of Ordinances of the City of Denton, Texas relating to the on-premise sale of alcoholic beverages with 100 feet of a residence by providing for a uniform manner of measurement in accordance with that authorized by state law for similar prohibitions ; providing for a penalty not to exceed two hundred dollars ($200,00) for violations thereof ; providing for a aeverability clause and providing for an effective date , Jeff Meyer , Uireetor of Planning and Community Development, reported that theta had been inconsistency In the method of measurement . This ordinance would bring the City of uenton into compliance with state Ordinances . Council Member Chew asked how the City could control builders to keep them from moving the front door to obtain the licenses . .Sty Attorney 'Taylor stated that the City could not as that would require a change in the state statute and would have to be enacted by the state Legislature . The following ordinance was presented ; Nil. 83-64 AN ORUIiNANCP, AM6NUING AKTICW 12 (49) AND ( 50) OF APPLNDI\ B-ZU61NU OF TK , CUUL OF UKDINANGiS OF TRL CITY OF 'LtiNTON, TL SAS MLATING 'I'0 THr. ON-PRLMIS6S SAIL OF ALCOHOLIC K9 VdRAC&S WITHIN LOO tUT OF A K6SIDENGE BY PROVIDING FOR A UNIFORM .MANk%L R OF % ASUK,% NT 1 ACCOKDAN(t W1TH THAT AUTHORI7d,O BY STAll. LAW FOR SIMILAR PROHIBITIONS ; PROVIDING FOR A M NALTY NOT TO d \CZ D TWO HUNUMh: D DOLLARS FOR VIOLATIONS TWRLOF ; PROVIDING FOR A S6WrAB1LITY GLAUSL AND PROVIDING FOK AN - F'FdC'Ti% DAk: , Barton motion , Hovkina second to adopt the ordinance, Un roll call vote Barton "aye ' , Hopkins "ff e", Stephens "aye" Alford "aye" , Riddlesperger "aye" , Chew "aye' , and Mayor Stewart "aye" , aotion carried unanimously . B . The Council considered the adoption of an ordinance changing the zoning from the agricultural (A) Classification to a specific use permit to erect a microwave communication relay station and tower on property 0. 20 acre in size which begins approximately 3U feet south of the centerline of Johnson Road and 76. 1 feet west of the centerline of U . S . Highway 377 . 16-168) . David LLlison of the Planning and Community Development ataff reported this was the ordinance for this item which had been approved by the Council at the June 7 meeting. City of Danton City Council Minutes Fleeting of June 21 , 1983 Page Ten The following ordinance was prasentedi NO, 83.65 AN ORDINAN(Z GKANTING A SILCIFIC USe PZRlfIT ANO AFENDLNG THE ZONING MAP OF THS CITY OF woTON, MXAS, AS SAFE WAS AUOPTED AS AN APPE,`lDIX TO 'r H: QUW OF ORDINAN04b OF Tit: CITY OF WNTON, 'MXAS , BY GRDINANG4 NO. 69.1 , AND AS SAID MAP APPLIES TO APPRUXIMAELY , 20 ACR4 OF LAND IN TH3 CITY AND COUNTY OF OLNTON, TZXASI AND MICLARING AN ZIMCT;% DATE , Riddlesparger motion, Alford second to adopt the ordinance. On roll call vote Barton aye ' Hopkins, aye , Stephens "nay",,, "Aye" , Riddiesperger "aye", Chew aye and Mayor Stewart aye , Motion carried 6 to I . C. The Council considered the adoption of an ordinance changing the zoning from the agricultural 'A) classification to the planned development classification to parait land uses of mobile home subdivision on approximately 11 . 5 acres , getisaral retail on approximately 1 , 211 acres , commercial on approximately .8 acre, on an approximately 13. 5 acre parcel beb,inning at the southeast corner of Gaealing Road and Fishtrap Road , 12. 1579) Jeff Mayer , Director of Planning and Community Development , spurted that this was the zoning petition for Mr . Griffis mobile home subdivision which had recently been annexed , Mr . Griffis reported that he questioned the condition that the PSZ had placed on the petition which called for a 20 foot bu.;iding line. There is a 25 foot building line for residences and L5 feet for mobile homes. A compromise had been reached at the Development Review Committee of 20 feet . sir . Griffis stated that due to the Irregular sizes of mobile homes , an l8 foot building line would better suit his needs . Jeff Meyer stated that the 2 foot variance would not be a problem. The following ordinance was presented; NO, 83-66 AN URUINANQr AWNDING TH& ZONING MAP OF THd CITY OF RiNTUN, 11: XAS , AS WE 14AS ADOPTE U AS AN APHs NU I X TO THL COLE OF ORDINANCiLS OF TA. CITY OF cql�NTON, 1EXAS, BY uRUINAK!, NO , 69.1 , AND AS SAID .MAP APPLL:D TO APPRUXIMATF. LY 13 , 5130 AM S OF LAND OUT OF TW MOILi AU eORRa ST SUPM Y, ABSTRACT NO. 47 , M NTON COUNTY, Tr XAS ; AND MOM PARTICULARLY OkSCRIIED HE LIN ; AND LL: CLARING AN 4FF'6CTI% UAT6 . Hopkins motion , Alford second to adopt the ordinance with the change from a 20 foot to an 18 foot building Line. On roLL call vota Barton aye , Ho?kIus aye Stephens aye , Alford aye ' , RlddLesperger "aye' , Chew "aye" , and Mayor Stewart "aye" . ?lotion carried unanimously. D. The Council considered the adoption o£ an ordinance amending Chapter 14 , Section 14 . 2 of the Code of Ordinance as relating to prohibiting construction crews from working past 6 :00 p.m , on weekdays and on ,weekends , Assistant City Manager Svehla reported that at the June 7 meeting a building contractor s repcesentativa had appear ad before the Council about a problem with the '.working hours prohibition. Svehla also reported that reactions among other builders to this amendment yad been favorable . City of uenton City Council Minutes a1leetin of June 21 , 1983 Page 9 even The following ordinance was presented ; Nu. 83-67 AN ORDINOCL AWNDING CHAMR 14 , SUCTION 14-21 , OF TW CURE OF OKDINANXS OF TFK CITY OF WNTON, VXAS; PROVIDING FOR A SL% KABILITY CLAU ; AM PKOVIDING FOR AN LFFEC71% DAIL . Chew motion , Hopkins second to adopt the ordinance . On roll call vote Barton aye , Hopkins ale , Staphens aye , Alford aye Riddlesperger "dye" . Chew aye , and Mayor Stewart "aye". Motion carried unanimously . 9 . The Council considered approval of the adjustment of the 1982 City of uenton Supplemental Tax Roll for adjustments through March 13 , 1983. Assistant City Manager Svehla repotted that the tax rolls had been available for inspection in the City tanager ' s conference room for approximately 2 weeks. Barton motion, Alford second to ,approve the adjustment , ;lotion carried S to 2 with Council ,Member Chew and Mayor Stewart casting the opposing votes . 10 , The Council considered approval of a contract fo.; $8 , 000 with TRLS Corporation for consulting and trouble shooting of the Utility billing System known as CIS and tfe Payroll/Personnel 3yf,tem known as r. IS. (The Uata Processing Advisory BOard recoa.aends approval , ) Assistant City Manager Svehla reported that $8. 000 had been used to conduct a rate study for the Utility Uepartment , Gaty Collins , Director of Data Processing , stated that the monies which had been budgeted were used on the special utilities project and the Staff was now asking to have the funds reinstated , Council Member Stephens stated that it appeared that the reinstatement was in case there was a need for other special projects . btaphens also asked if this was an indication Chat the consultants were being phased out , Collins responded that 'IM S Corporation was a software vendor but Chat eventually the trouble shooting would be cane in-housd by Staft . Maintenance contracts would still have to be contracted . Stephens motion, Chew second to approve the contract . ;cation carried unanimously , 11 . The Council considered approving bids for overwidth and street construction past the new avers school . Assistant City Manager Svehla reported that the Denton Independent School Uistrict had taken bide for the now roads near fivers school . John Marshall , Purchasing Agent , reported that he and Brian burke, the UISD engineer on the project , had calculated that the Gity ' s portion of the participation would be approximately $87 , 361 . 65 but that this amount might change somewhat as the figures were finalized , Mr . Marshall also reported that the low bidder was K. L. Roberts Construction Company . Council Member Ropkins asked it the Council should approve the bids now or wait until the final dollar (igures were available . City of uentoo City Council .Minutes Meeting of Juna 2l , 1981 Page Twelve Assistant City Manager Svehla stated that the School board would Like to move forward with the project if possible , Council Member Hopkins asked how the City ' s portion of the project would be funded. Svehla respponded that the details of the funding had been worked out with the DN D. Hopkins motion, Riddlesperger second to approve the bide . ,Motion carried unanimously . 12 , The Couu.il held a discussion on the organization of Denton County local governments weetings . Council .Member RiddLesperger stated that while attending a Texas Municipal League seminar , he had met with several City Council members from other Denton County cities. A suggestion was made that the various Council Members most on a regular quarterly basis to discuss county wide issur,s . Mayor Stewart reported that the DentG % �7ounty ,Mayors Association had been moving forward in this area for the last L8 months and stated that this association would provide a good vehicle to expedite these difeussions . alddlesparger motion, Hopkins second to Instruct the Staff to contact ,Mayors and Council Members in the county ano develop a proposal in accord with this concept , Motions carried unanimously. 13. The Council considered approval of an annual maintenance contract with AMS for the finance package known as LC.FS in the amount of $15 ,000, Gary Collins , Director of Data Processing, reportok) that this software package has been in use for one year , After the first year , the maintenance is provided on a contract basis , The funds for the contract had been budgeted and the Data Processing board had recommended approval . Council ,Member Hopkins stated he felt this was very necessary , Stephens motion, Alford second to approve the maintenance contract . Motion carried unanimously . 14 . sir , Carl Young was to appear before the Council requesting the use of Fred Moore Park until midnight for a July 4th celebration , Mr , Young was not present . L51 Ufficial action on Executive Session items ; D. board appointments Mayor Stewart announced the following appointments to various City boards and commissions $ AIRPORT ADVISORY BOARD David Glick Frank Hayward Lee Keith BOARD OF ADJU67hLN'1S Deborah DarLey Janeda Peploe Joe Siolland City of Denton City Council Minutes Pleating of June 21 , 1983 Page Thirteen BUILDING CULL WARD bob Plillar Johnny Mozingo Cliff Reding (Alternate) CAB[c TV ADVISORY BOARD Steve Applewhite Jerry Garrett G. L, Soligmann CITI&N4 TRAFFIC SAF4TY SUPPORT CUMMLSSION Doris Chipman Virginia Gallian Joseph LaLenti Rocky Kane John Tompkins X44TON HOUSING AUThOKLTY C. H. Collins Patrick cmmott dl Nor e Hughes dIL CTKICAL COW BOARD Joe Bayyer Pete Chumbley David Hoenig Steve Kniatt Brad Carroll (Alternate) Bill Perry (Alternate) HISTORIC LANDMARK CONMISSLON Fury D. Hardin Sam Kingsbury Sam Marino Sandra Matthews Jim Wheeler HUMAN RLSOU CLS ADVISORY CMMITTd3, Karen Connor William Crouch Rudy Moreno Uon Pickens Irene Price LIBRARY BUAKU Lupe Gonzalez Rodney J . Hutton Sarah Lockhart Kay McCalLon Alicia Travelle City of Denton City Council Minutes Meeting of June 21, 1983 Page Fourteen PARKS AND nClEATION 130ARll Duke Campbell Jane Malone Ronnie Robarts PLANNING AN0 ZONING CUMMISSIUN K, B, dscue , Jr , Hobert LaForte Thomas Pearson Andy Sidor PLUMBING AND kleQHANICAL_COW, BOARD George Becker Bob Sullivan Bob Widmer PUBLIC UTILITIdS BOARD 6d Coome s Charles Cryan Stephens motion , Hopkins second to approve the board and commission approintments . Motion carried unanimously , lb . New business the following items of new business were suggested for future agendas . Council Member btephens asked to receive a report on the liability insurance program. Barton motion, Chew second to ajourn the meeting . Motion carried unanimously . The meeting was aujourned at 8 ; 50 p,m. n An , MAfUK C A LOTTO AUL N, (Try S6 CHd AKY 0c33C CITY OF DENTON MEMORANDUM DATE OF MEETING: July 5 , 1983 COUNCIL AGENDA ITEM 11 Consent Agenda SUBJECT , Bid it 9160 Portable Radios SUMMARY : This bid is for the purchase of radio equipment for the Police Department . The bid includes 6 portable hand held radios , 2 wall mounted chargers , spare nickel cadium batteries and radio carrying cases . ACTION REQUIRED : Approval by council and award of bid . SOURCE OF FUNDS . Police department capital improvements account number 100-007-0042-9101 . RECOMMENDATION : We recommend this bid be awarded to the lowest bidder meeting specifications of Motorola Communications in the amount of $775 . 00 each for 6 radios , $219 ,00 each for 2 chargers , $48 ,00 eacj for 6 spare batteries and $38 , 75 each for 6 carrying cases . Total bid price for items 1 , 2 , 3 , and 5 is $5 , 548 . 50 . We recommend that the bids on item 4 and 6 be rejected and not purchased at this time , Our recommendation to not purchase the lower priced radios from Nowell Communication is based on the following evaluation : A . The Pace radio has no dependability track rocord in law enforcement applications , B. The Pace radio has not been tested to Mil . specification OMIL-810-C for all weather operation as required , C . The audio distortion on the Pace is 102 . our specifications require a less than 52 distortion . D . The City of Denton Fire Department is currently using the Motorola radios with good results , EXHIBITS : Tabulation sheet , SUBMITTED BY : �� 1 Tom D. Shaw, C . P ,M, Assistant Purchasing Agent TDS : le lilU d 9160 ULU 'Ct'Cf.R Portable Radlos O1'f.Nl,l) 6/14/83 IlowvII Mo(ornla ACCOUNT 17100-007-0042-9107 -- -- ---- _-__ __._ . ,--- - NUUI( ._ VENDOR_ _VP Imit— gNUOI( VENDOR I , 6 4 channel portable racllos 515 ,00 775 .00 _ -----_-. i — 6 unt t wall ntouni clrtrget's 252 .00 219,00 - -- %. __ .--•-----_-- 3, 6 Spare NI-Cad baLterles 40, 00 4800 15NI_CCtd ballerlc_y for C, F . Rrtalios -- 45 , 00-- - - N/li f 5 , G Carry ing cases for port , radios 32 . 00 28 , 15 6 , 10 Carr1' lttR cases for C , I:. radios 4'1. , 00 N/li —__ Delivery -GO days - GO dart y--- ------------- —•--------- _-__...._______- --._--•---_-•-- �•-- __ __—.__ t Pacc rlol uro I ---- - ----- - --- ------ CITY OF DRNTON MEMORANDUM DATE OF MEETING : July 5 , 1983 COUNCIL AGENDA ITEM 0 Consent agenda SUBJECT: Bid 0 901 Utility Poles SUMMARY : This bid is for the purchase of wood utility poles for replacement of Warehouse stock, the prices bid are good for a one year period from date of award , Poles are purchased in truck load quantities on an as needed basis so quantities may vary. These poles are used by Electric Distribution in the routine maintenance and new construction of the over- head electrical dist• ibution system , ACTION REQUIRED : Approval by council and award of bid. SOURCE OF FUNDS : 'These poles will be purchased from Warehouse workink capital funds account 110-004-0598-8708 and charged to the using department work orders as the poles are put into service . RECOI,SENDATION : We recommend this bid be awarded to the Lowest bidder meeting specifications of International Paper . Their prices are firm for one year and include delivery to the City of Denton Pole yard , EXHIBITS: Tabulation sheet , SUBMITTED B1' t Tom D. Shaw , C , P , 1 , Assistant Purchasing Agent TDS : lc VIII h 9161 OPENKO 6/21 /83 Co ICfnx 1Ssr,nmb111 0 , 1. , 111terun ' I 111•1esler Koppors nurricnu _.— _-------__—_—_ W 111 In tris 1'111101• Co , Stipp l y Co ' !'t-zot e ACCOUNT p 710-004-0598-5708 b; rkti rY_ _ __—_ �rtt_b�_SC�Lf'T �yN _—_�__ •-_—. _-_ VF;NUQk —_ _-, VI NUUI� ___.• __ V NI OR _ - _ V8mDOR VI NIl01( V1 NOOR I . 100 495379 35/4 Pole 92 , 70 102 , 26 107 . 75 96 ,05 l(11 , 30 103 , 55 r._ 101 95 2 , 175 495350 40/3 I'M 0. 142 , 80 142 ,00 151 , 65 129 , 35 146, 14 146 , 15 50, 2i 3 . 200 495390 45/3 Pole 171 , 35 174 , 22 181 , 45 1 `'i6 , 70 174 , 80 177 . 15 ? '1 , 75 71 • 75 495400 50/3 Poles 201 , 50 207 , 06 -- 2214 . 95 — IMP) — 207 . 38 210, 25 . 15 , 50 5` 25 495405 Poles 234 . 50 256 ,47 266 95 227 . 85 — _ 265 , 81 --- - 292-45_._____ _x..._' � r i t 1'(113 1)euCo11 yes 1'en ves yes yes ycs ra Shlpal0111-/dellvery 14 cloys 14 cloys 10 days 14 days 21 cinys 14 d:lys i r1 : required Ftrm I wo1r 6 nu, I your. I yrnr I S'enr yen Gnu, enr i Y^ • Iw d l 1 CITY OF DENTON MEMORANDUM DATE OF MEETING ; July 5 , 1983 COUNCIL AGENDA ITEM i! Consent Agenda SUBJECTi Purchase order # 57594 (Bid 09122) to Layne-Western SUMMARY ; We received bid 89122 and opened February 24 , 1983 to repair Raw Water Pump X13 , For the bid we estimated the repair needed and awarded to the low bidder of Layne-Western Company , on March 15 , 1983 . When the pump was pulled , torn down and ready for repair it was then determined that the cost was going to exceed the amount bid and the estimate then was $10 ,000 .00 to $ 13 ,000.00 dollars . The decision was then made to go ahead with the repair and get approval when the final amount was determined , The final amount as invoiced on the attached is $12 , 960 , 25 . ACTION REQUIRED ; Approval by Council , SOURCE OF FUNDS ; Budget account 620-008-0460-8339 . RECOMMENDATION : We recommend this purchase order/bid be approved to Layne-Western Company for $ 12 , 960 ,25 for the repair of raw water pump 03 . EXHIBIT ; chase/order 57594 and invoice 06-6068-3 , SUBMITTED BY : _76 �— '4 / " ,i' / n 66 J ,,,Mdr `all , C . P .M . Purchasing Agent JJ*S; Ic l yam_ INVOICE .�t tufle -Mestern Company,/nce NYATER SUPPLY SEIf `IICES ,.■,,,�� Y.ATLR 1YLLLS • L11YNE PUMPS • ILST DRILAINC, * WAII'R fR AV.'C ', � LQU:PMENT 1720 John 4VL'St ROA - PA 80x 18065 Dallas, fox" 15218 PhorW 2141327.4516 City of Denton Dale 6-20-83 Accounts Payable CUST. OROER 575914 215 East McKinney Denton , Texas 76201 OUR JOB NO. P-0648 OUR INV. NO. 066068-3 Invoicing for pulling and repairing Raw Water Pump No , 3 per our bid dated 2/24/83 : I 2 ,i15 .O1 I , Pull and reinstall Raw Water Pump No . 3 2 , 275 , 00 TOTAL LABOR Parts : 342 . 40 (a) 20" Galvanized Strainer 3 , 570 , 00 (b) 3 New Bronze Impellers 0 L , 190 .00 ea . 804 . 00 (c) 1 New Stainless Steel impeller Shaft , 2 3/ 16" X 77" 128 00 (d) 1 Bronze Discharge Bushing 66 .00 (e) 2 Intermediate Bowl Bushings 33 .00 ea , 0 . 00 (f) 1 Bronze Suction Bushing 12 12x . 00 (g) 13 Shafts Chromed 493 . :0 (h) Sandblast and Paint Column 1 ,b50 , 00 (1) LO 5 ' Sections of 3 1 /2" Oil Tubing 165 ,00 ea . E (j ) 3 Special Length Sections of Oil Tubing L 205 , 00 ea . 674 . 70 5 f (k) 13 Caskets , Flange 0 5 . 75 ea. 1142 .00 I (1) 1 Bronze Shaft Box 310 . 00 (m) 1 Bronze Main Shaft Bearing 412 , ,30 (n) 1 Tension Bearing 183 . 1,)0 (o) 1 Tension Plate , Ring , and Nut — 9 , 885 . 25 TOTAL PARTS 800 . 00 20 Hours @ 40 ,00/hr . TOTAL REPAIR LABOR 800 , 00 TOTAL. DU1: THIS INVOICI $ L2 ) 960 . 25 Tax Exempt Per House Bill No , 20 f>;lymenl oxpected with days after the dale of this invoice. Layno•Westom rriay Institute a Tale pay- ment charge at a fate of percent per annum for all payments not made on or hofore the due date. LAYNE• VESTERN COMP. OVi'0111 UNITY En4PLOYEFt CITY OF OBNTON, PURCHASING DEPT, PURCHASK ORDIR NUMAIR 57594 218 6, McKinney Denton, Texas 78201 ' No 9 12 2 817/s".8311 DIFW MMtro 267.0042 mwo W.O. NO. v4"001 No, 00my"y ACCT, NO. $w 620^008-0460-8339 Lust-western Co. P.O. Box 18065 Tel CITY OF DINTON Dallas► 'texas Water Production 1701 sptaatr Fed. DOUtap i Tysgss 76201 SHOW P.O. NOON ALL SHIPMENTS,DELIVERY TICKETS,INVOICED ETC,-SEND INVOICES TO ACCOUNTS PAYABLE,THE CITY OF DENTON, TEXAS IS EXEMPT FROM SALES TAX AS PER HOUSE BILL 1020, THE CITY OF OENTON IS PROHIBITED FROM PAYINO FOR MERCHANOISC. BEFORE IT IS RECEIVED, ALL SHIPMENTS MUST BE F.O.Bo CITY OF DENTON, TEXAS. QUAN./UNIT PRICE AMVU'tT ITEM CITY STOCK NUMBER DESCRIPTION 1. Pull & reinstall raw water pum M3, Ser. /22906 aad repair lot $12 , 960 , 25 as per bid 9122 sptCitiaations Invoice 006 .60683 I I $12 ,960 . 25 Direct All Inquiries To; ! CITY OF DENTON, PURCHASING DEPT, John J. Marshall, C,P,M„ Purchasing Agent Tom D, Shaw, C,P.M„ Asst. Purchasing Agent D�iTE 0.7 MEETING may ? ;, ; .. _ . . 1wi 'ldirt: Atmidulll.s (.oAt' raCL.c. , .. . .` Ulil. _ �S :7 . ..5L . . '.1: 7 . n L 17, C'a,A i ll 5 , ?' !.I t "'.. . CL r �'I; LiB _ C11i C'i .: .. f ; l ttl Li?1 L: �)CY 1 `I '. . itltili. :,% : 1'S ;i . dl 1 _ c, 1+ i, G r.E7 if? t, t . l Y t ' ., t ' . Supervision t)� Lltt. i a(. 1 d ....LE C VET' 1R.' and b't'P�G 'Ld hour; t 1 t du L 1. 0: . - LI)C building atturdah '_ ipOur` direc' correlation LO a ?'edu do operOK", howl r. Cn'pc11:ii : u. � w 14 f. _ • 11 1,1 1 t. I i �. . ' 171. itLl. � .ii?i � .. . �. . . . at C :�A F _ . . 1.C?d 1. E A': 0 l• t ,. . 11: ..:�1'.!'1'J i7 :l. app r C)vz . CITY OF DENTON PARK i AND RECREATION DEPAkrT ll:Y.T CONTRACT AGREEMENT This Agreement entered into this day of by and between the City of Denton, TOXAS, hereinaf: er called the CITY and hereinafter called PROGRAM SPECIALIST, . ^i.�.' HITNESSETHt Section 1 , That the CITY hereby engages the professional services of the PROCRAH SPECIALIST for conducting: - The PROGRAM SPECIALIST shall at all times be deemed in independent contractor and the PROGW SPECIALIST shall not do any act which would create a principal- agent or employer-employee relationship, Section The PROGRAM SPECIALIST agrees to provide the services and skills necessary to accomplish the purpose of the Agreement Section J. T'ne PROGRAM SPECIALIST is not considered a regular employee of the CITY, but only a temporary, part time contractual employee ineligible for insurance, leave and other employee benefits afforded to regular and full time CITY employees, The PROGWI SPECIALIST sha; l also be responsible for the payment of 'ais/her income taxes and the CITY will not be required to withhold for income tax purposes or for any other tax purposes unless required by a state or federal law for such employees, Section 4 , It is specifically agreed by the parties that the CITY may terminUte this Agreement when in the sole determination of the CITY that the commence•nent , continuance or the number of instructors or specialists at the above described event or facility is not warranted and the CITY shall pay to the PROGRAM SPECIALIST only the sum then due to the PROGRAM SPECIALIST . The PROGRP!1 SPECIALIST may terminate this Agreement upon days notice to the CITY. Section 5. The CTTi agrees to pay to the PROGRAM SPECIALIST for the services as follows: IN t41TNESS MIEREOF, the parties have executed this Agreement as of the day and the year ftrr-t: above written. This contract will be 14% force from ' to 3C WIINF£�/°"'tjl//�J C;T1' OF DENTON, MUS Bv —'-- r rit racy nl; Sue Ia.l SecurILy t: Fo:wat'ding Address . f.t11' OF UERTOlJ p ,l -2o-^4f'�2 �L1 :i , 3e1�Atn._ --- PARYS AND RCCREAVW DEPhKT'0:"'r Tt CO;ITP.ACT AGREE?!EttT This &ir^ene;,t entered Into '.his 22nd_ jay of _.. Febrttal•;(y 1;��� , by and butwaen the City of Dnnton, 'texas, hereinafter called the CITY and Vickie Loftice hereinafter called PROGRAM SPECIALIST. WITIIESSETIi Section I . That the CITY horcbg engages the prcfesSional sen'tcoa of the PROGRAM SPECIALIST for conduct tilt - all duties ner* ainilig to the cor,duct:rlg ':f on 'Mid-SHllJli3--i=•na'r-.r--a!^- The Pr.00RAtt SPECIALIST shall at all times be deer+ed an independent contractor and the PRO1W SPECIALIST shall not do any act which would create a principal- agent or employer-employee rolationship• Sect ton 2 , The PROCW1F'rECIALIS1 agues to proviie the services and skills necessary to accomplish thr purposo of t'na Agreemonc , Section J. T'ne PROGRAM SPECIALIST is not conside+'ed a regular employee of the CITY, but only a temporary, part time contractual employee ineligible for insurance, leave and other employee benefits afforded to regular and full time CITY employees. The ppoCF-D! SPECIALIST shall also be responsible for the paymimt of his/her income taxes and the CITY will not as required to withhold for income tax purposes or for any ether tax purposes unless required by a state or rederal law for such employees. Section � . It is specific•,nlly agreed by the parties that the CITY may terminate ,his Agrecncnt when in the 9010 determination of the. CITY th a t the commrnc��nent , contlmja+.'e or the no-,ber Of instructors 0r specia: fists at the above dtscribed event or facility is not warranted and the CTTY shill pay to the PROGRAM SPECIALIST only the sum then hie to the PROCpWt SPCCIALIST , The PROGRAM SPECIALIST may terminate l� da"s notice to the CITS' . this Agreement upon , Section 5. The CTT'i agrj.,,s to pay to the PROrRJdl SPECIALIST for the services as folio•-a: The PR',GRAfM SP°C.AL.S° W111 roteive ," , JO ter hour for ai, dUtie5 yertaiiiin& to the conduct.rg Oi or assist in_'. With the nrVi: program. 1Tl:ESS !,W.R.EOF, the parties hj% executed this A,r,ruL L'nt is of the day and e,rua`•`_ the, •roa �• i first shove writt0n . This c:+nt.ract will be to force from _._ _ �'�� Cc 3entBnl v'ar �� , l:'� _ _..,w.•Y^, l41TNUSFVV CITY OF f)EMT'011 , TE:L1� r Cnnt raCtee CITY OF DENTON PARY.S AND 911CREATTOS DEPART IEN3' CONTRACT ACREE'WIT This Agroement entered into this day of nu ar' , by and betwoen Via City of Denton, Texas, hereinafter called the CITY and "cl:_a ; ; , - i' °_diihoretnafter called PROGRAM SPECIALIST, WITNESSET"1 Section 1, That the CITY hereby engages the prefossional services of the PROGRAM SPECIALIST for conducting:_^ 3m' Tho PROGRAM SPECIALIST shall at all times be deemed an independent contrs:tor and the PROGRAM SPECIALtST shall not do any act which would create a principal- agent or employer-employee relationship, Section 2 The PROCRAM SPECIALIST agrees to provide the services and shills necessary to accomplish the purpose of the Agreement, Section 3 . The PROGRAM SPECIALIST is noc considered a regular employee o9 the CITY, but only a temporary, part time contractual employee ineligible for invatance, leave and other employee benefits afrotded to regular and full time CITY e'rpioyees, The PROGRAM SPECIALIST shall. also be responsible for the payment of his/her !zcome taxes and the CITY will not be required to withhold for income tax purposes :r for any other tax purposes unless required by a state or federal law for such en;loyees. Section 4 , It in specifically agreed by the parties that the CITY may terminate this Agreement when in the sole determination of the CITY that the commencen ent , continuance or the number of instructors or specialists at the above describe3 event or facility is not warranted and the CITY shall pay to the PROGRAM SPECM IS. only the sum then due to the PROCRAII SPECIALIST, The PROGRAM SPECIALIST may ta"inate this .Agreement upon days notice to the CITY. Section 5, The CITY agrees to pay to the PROGRAM SPECIALIST for the services as follows; TN 'dITNESS 1411rREOF, the parties have excruted this Agreement as of the Lay and the year first above vritten . This contract will be in force from - - to lf' Ji'CNE 'SE�1: CITY OP DENTON, TF; G1F rnnir-,tree CITY OF DENTON PARYS AND RCCREATIW: DEPARTNLNT COIiTRACT ACREEMENT This Agroement entered into this day of by and between the City of Denton, Texas, hereinafter culled the CITY and Fr hereinafter called PROGRAM SPECIALIST. 1dIVESSFTHi Section 1 , That the CITY heroby engages the professional services of the PROGRAM SPECIALIST for conducting:., The PROGRAM SPECIALIST shall at all times be deened an independent contractor and the PROGRAM SPECIALIST shall not do any act +hich would create a principal- agent or employer-employee relationship. Section 2, The PROGRAM SPECIALIST agrees to provide the services and skills necessary to accomplish the purpose of the Agreement , Section 7, The PROGRAM SPECIALIST is not considered a regular employee of the CITY, but only a temporary, part time contractual employee ineligible for insurance, leave and other employee benefits afforded to regular and full time CITY c-.-.ployees, The PROGWI SPECIALIST shall also be responsible for the paymient of hie/her income taxes end the CITY will not be required to withhold for income tax purposes or for any other tax purposes unless required by a state or federal law for such employeas, Section 4 , It is specifically agreed by the parties that the CITY ray terminate this Agreement when in the sole determination of the CITY that the commencenent, continuance or the number of instructors or specialists at the above described event or facility is not warranted and the CITY shall pay to the PROGRAM SPECIALIST only the sum then due to the FROG MkI SPECIALIST . The PROGRAM SPECIALIST taay terminate this Agreement upon days notice to the CITY. Section S, The CITY agrees to paw to the PROGRA)i SPECIALIST for the services as follows, IN 'FITNESS WIIEREOF, the parties-hive executed this Agreement as of the day and the year fir:+t above written . This contract will be in force from _ L0 i4ITNESSETII: CITY OF I :NTON, TEXAS r (� • -.... ice' ,a l-t"?.l.J \.. Pnnr rarr r!e this P,ri"ae,�ont cntired into thir l6 ?,n;• ,f August, 1992 , by and bet,recn the City of Denton, Texna, hereinafter called the C1rY and gar): ;;aldaclmidt hereinafter called 1'ROt,FAM SPECIALIST, It 1 iy ES S C711 Section 1 , ThaL the t111'Y heroby mlgngos the prcfeSSional Servicos of the PRMW[ SPECIALIST for ccnduc till t:__- 9uildioa Attandant The PR(XM`t SPECIALIST ahall at all tines be deemed an independent contractor and the PRO"RA?; SPECIALIST shall not •lo an;; ,u; ',h hilt would crease a orinctpal- a, -.t or r."ploycr-(=l oyee ralationship, j �acti_n.�, r}.c it^:'E"I S'nECIALIST newer t^ provide tho services and skills ne^_es ar:' to accompI 3h the purpose cf the Agreemt%t. r. ? . :"re PR„?,:1Y fVyC: �i.?o' jr t,t o+ns11ored a regular employee Of the CITY , but only a t:nicorarv, part time contractual employee ineligible for insurance, leave and ocher emnle?ee benefits aiforde to regular and full time CITY employees, ;he VX06FV! SPECIALIST ball aiso be responsible for the iaynent of his/her income -axe: a.1I .1te C:T'. :ri? : not be . eryui;, uithi%Old for income tax purposes or for an^ rat: purposes unir-i ; required no a state fedcrsl lair for such ernpioyees, Sect W n IL is specifically a;reed '.v,. :`•e p.irtles '.Fat the cITI' nay terminate .his Acree-eat : hen in the sole determinntior, tle CSTY that the contnence.nent, continuan<.e or the number o: instru^.tors or specialists at the above described event or faoilit% is r.oL s:arrsntod and t:^•e cIT'i shall nay to the PROGRAM SPECIkLIST only the auc than toe to the :'"•q';fA." S 1F.I IST . The 7ROCr"AM SPECIALIST may tet-ninnte this Aereerrent noun 14 dad:e notice to thp, C'.:C . Se t1,n -i',e C: .. :rKres t" r.r,, to the for the services aF f $4.00 oor hour for all 'nouns worke•i. 38A 340-56-9109 Address: 1222 Hiihland Park Rd. Denton, Texas '76201 ',tre-ner.t as the ,lay and r itt ea . T'-i t.rsa.; :;_::: '.^ ir. frr-.e fro I Auaast li;�_ September 30, 1983`--_ --- trlrt c•e Social Seourity « Addrosa ; CI1Y OF UENTON 45745.7735 31 lilghvluw circle �~ pW.S AND RCCREATION W UtV: :N:T Dan ton Texas 76�01 T CONTRACT AORF;EMENT This Agraement entered into this day of _ by And between the City of Denton, Texas, hereinafter called the CITY and Michelle Cooney hereinafter called PROGRAM SPECIALIST. uITNI'SSETNt Section 1. That the CITY heroby engsges the ptofussional services of the PROGRAM SPECIALIST for conducting:_ Aerobic Dance Instructor The PROORAM SPECIALIST shall at all times be deenod an Independent contractor and the PROGRAM SPECIALIST shall not Flo any act which would create a principal- agent or employer-employee relationship. Section 2 . The PROGRAM SPECIALIST agrees to �k. 4-. t the services and skills necessary to accomplish the purpose of the Agreement , Section 3. TIne PROGRAM SPECIALIST is net considered a regular employee of the CITY, but only a temporary, part time contractual employee ; .%eligible for insurance, leave and other employee benefits affotded to regular and full time CITY employees. The pROCpAM SPECIALIST shall also be responsible for the payment cf hie/her Income taxes and the CITY will not be required to withhold for .icome tax purposes or for any other tax purposes unless required by a state or federal law for such employees. Section 4. It is specifically agreed by the parties that the CITf may terminate this Agreement when in the sole determination of the CITY that the commencement , continuance or the number of Instructors or specialists at the abovo described event or facility is not warranted and the CITY shall pay to the PROGRAM SPECIALIST only the sum then due to the PROGRAM SPECIALIST, The PROGRAM SPECIALIST maq terminate this Agreement upon __ 14 days no-ice to the CITY . Section S, The CITY agrees to pav to the PROGRAM SPECIALIST for the services as follows: Percentage basis dapendiug on enrollment 80/20 70/39 60/40 Six to eight week classes m ice a week for one hour IN WITNESS W1IEREOF, the parties hive executed this Agreement as of the day and the near first move written . This contract will be in force from January 1 , 9 to September 30,1983 WITNES.SETI{; y CITY of nEN/TON, TEXAS r'r n r r t Sooial Security o CITY OF UENTOk Forwarding Address! 4)7.45-1735 L 1. Itighviaw cirols k'AFLy$ AND RCCREATION' DtiPART1FN7 _Denton, rases 75201 _ CONTRACT ACREE;INNT This ASroemunt entered into this day of by and between the City of Denton , rexas, hereinafter called the CITY and Michelle Cooney hereinafter called PROCRAM SPECIALIST. b1ITNESSET11t Section 1 , That the CITY haeaby ongnges the profussional servicas of the PROGRAM SPECIALIST for conductins;:_ Building ,Attendant The PROGRAM SPECIALIST shall at all times be deemed an independent contractor and the PROGRAM SPECIALIST shall not do any act which would create a principal- agent or employer-employee relationship. Section 2 , The PROGRAM SPECIALIST agrees to provide the services and skills necessary to accomplish the purpose of the Agreement:. Section 3, T•ne PROGRAM SPECIALIS " is not considered a regular employee of the CITY, but only a temporary, part time contractual employee ineligible for insurance, leave and other employee benefits afforded to regular and full time CITY employees, The PROOW! SPECIALIST shall also be responsible for the payment of his/her income taxes and the CITY will not be required to withhold for income tax purposes or for any other tax purposes unless required by a state it federal law for such employees . Section 4 , It is specifically agreed by the parties that the CITY may terminate Chia Agreement when in the sole determination of the CITY that the cos,mencement, continuance or the number of instructors or specialists at the above described event or facility is not warranted and the CITY shall pry to the PROGRAM SPEC ULIST only the sum then due to the PROGRAM SPECIALIST. The PROGRAM SPECIALIST may terminate this .Agreement upon _1_4__ days notice to the CITY . Section 5. The CITI agrees to pay to the PROG ki SPECIALIST for the services as follows: 54,00/11our- 30 hours/week plus building rentals Iii WITIJESS SMEREOF, the parties have executed this .Agreement as of the day and January 1,1483 the year first above written. This ccntract -ill be in force from to Seutenber 30:1933 WITAESSETR; CITE OF DENTOtw, TE;CA5 Contractae I CITY COUNCIL AGENDA BAUK -UP SUMMARY S i EST MEETING DATE ; July 5 , 1983 SUBJECTS Appproval of the final plat of lot 1 , b'.lock A , Kidgecrest A,artments . SM11ARY ; This is a 7 . 40 acre tract beginning ad cent and north of the 1 - 35 service road , adjacent and south of Dallas Drive and east of Teasley Lane . Commercial (C) zoning is in place and multi --family land use is anticipated . No off -site street improvements are re - quired . Telephone , electrical , cable and gas service is available . An eight ( 8) inch water line must be looped from Dallas Drive to the I-35 service road to provide adequate water service and fire protection . AC'T'ION REQUIRED ; Approve the final plat . KECOKME,NDATION ; All subuivision requirements have been satisfied . The Planning and Zoning Com- mission unanimously recommends approval . AL'TV,RNATIVE ; Approve the final plat . AlTACHMEN'T' ; Reduced final plat Dav E son , Development Review Planner 11 I l,Wf fY iY 6rANrNA 1 ,N 1N1111 got \ - `- ?I• ��Ja�. ,T1�lf If• -l� .. lr O � \ ll' , .. N•+.b� NIN.. 4�IM1 /YJ YIL_.-._..,AI�.,� 1 i I;1//11�•l�».1 � NVY •Y PrN ^V' /�•�. IVg1 Y�r,Y�1 - •.I p_ .. I//'N•N+„� I . ,1 � jl , {P h }�� S''"^•. 7. 40 Aft `I •V if 1I / �� JA. 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H►iffA _ JQO It I,NX H•1' wv;YlW In Jr,A Ill 6 nU li+w./>+ Awn nn PIFIX AM+ N0/61h A11<4 ,nu ANUI.Ir, CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE ; July 5 , 1983 SUBJECT : Approval of the final plat of Sandy Hi17, Aition . SUMMARY : This is a request for approval of the final plat and accompanying engineering plans for a proposed mobile home subdivision north of 380E and east of Geesling Road . This devel - opment has been the subject of considerable review and discussion and staff and the Planning and Zoning Commission are prepared to recommend approval of the final plat . Plans for water and sewer service are of major interest because though acceptable at this stage , the developer is still in the process of neggotiating for required off - site easements . All perimeter streets must be improved in the form of paving , curb , gutter and other applicable city standards . Inter- nal streets , drainage and all other develop- ment standards that were not expressly varied or waived through PD zoninb, or plat approval. will also be applied . This plat does show an L8 foot front yard setback . ACTION REQUIRED ; Approve the final plat . ItECOMMENDATION : The Planning and Zoning Commission recommends approval by a vote of ; '-0 . ALTERNA'T' IVE : Approve the final plat . ATTACHMENT ; Reduced plat av son , eve opmen e V ew annex ,govlr✓r OA fJ•M ,,.. r✓Ol�l/��I"E �,�7r } I '., N N .�. i•,%I :ww."w Pew' q , � to , t Il �IIL� T. . �I�ly/M� \ t��.14-i'•� - sue---- --�_'I L �1 1' 1•, R rt,.. . _p i r _ .1 I., �, 1 >•f�`IV 0. � 'a '� r� � tt �� 4 1, C JA � v I 1 1t ' i ri1It 1 , iI� r 1 4 .JI1 1' •rt � AGC » ah , ,1 N�i� ii �' S7 ,• �S , li \ , (� `�.y T, ,Vyhv � V r• ti l� Ind A� r � F eS►t r rr n, � I V • '�4t "p` � �' T. 1 r} \ 1 ` "t T� �� RRRj w i Poo it k L go, i IIM Ir.l r , r �' t1t l ,1I yl 'II f V B N "'� n q �' �''a/ 1, V l * ,•, ''IAw- /AM It t 0 rr.r•r . C C' k E• � f r. .i r J � 5 Y L C. � � tlt �• r 1 •'LAL L_• I '� CVVV' F e, A n D r tit 1 EA' Ili eii r«.✓ t n CITY COUNCIL AGENDA BACK-UP SUMMARY ShmKT MmETING DATE : July 5 , 1983 SUBJEM Approval of the final plat of lots I and 2 , Thompson Addition , Section II . SUMMARY : This plat involves a 5 , 51.8 acre parcel with 78 , 21 feet of frontage along the west side of Old North Road and approximately 300 feet of frontage along the north side of University Drive . 1gulti .•family (14F- I ) zoning is in place and multi - family devel - opment is expected . Streets are in place'. Utilities are In place or available for extension . Cox ' Cable Company must be provided with a detailed concept plan before it is aeter - mined if cable TV service is presently available . Concern was expressed about plans to access this site from University Drive when the preliminary plat was re - viewed by the Development Review Committee and the PLannin and Zoning ComMissiOn - Although accessing this tract from Univer - sity Drive is considered undesirable , staff Is aware of ay appliedetospreventgsuchian s action . The city senior civil engineer has reviewed plans for drainage in conjunction with plat - ting requirements . Some details regarding drainage cannot be evaluated and assessed until final architectural plans are devel - oped , therefore , no building permits will be issued until the developers provide staff with detailed construction plans showing building location , parking and number of units and other key development features . AC'T'ION RLQUIRFD ; Approve the tinal plat . CC Backup Thompson Addition July 5 , 1983 Page l KECOMMF.NDATiON ; Subdivik+ ion requirements have been satis - fied . T'lie Planning and Zoning Commission unanimously recommends approval, ALTERNATIVE: Approve the final plat , A'T'TACHMENT : Reduced final plat alS`vId Mlson , DeveTopment ev ew manner l I 1 J• H LAWYER 614 / 199 4 . LAWYER 1030 / 374 S Rely A1 OPE "� `• I THOMPSON PARTIES 11 ll _ ` 1014 / 10 9 r ...... ...� �� �"�.. IIJi, 'gyp r0xOJ101t AMIIrt11NTt r. N low pit a ilt THrPON PROPERTIES Ot " xt rip N I O I I •I H. A THOMPSON } I N ^1 I I rf IW. r lOeY UIt1.l1 l oll lIMM'Or • U14)h SOALE I° l 100' JUNE 6 , 1W FINAL FLAT OF THOMPSON ADDITION SECTION TWO ,! LOTS I & 2 IN IM /SITE e / W. POOU£ SURVEY A - 1012 City and County of Denton jexae I I 1 yam' 1 1� 1 � R , LOCATION MAP OWNER— HARVEY TNOWl"Olk 2011 Br"n Or. O"IoA , Tau 7M •At MIC ►J i.l .r rill, � w�ril l a n ss +e ao 06 N• leo CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE ; .July 5 , 1983 SUBJECT: Approval of the i. inal plat of the Triangle 11 Addition , SUMMARY : This proposed 0 . 62 acre one lot subdivision has 140 feet of frontage along Highway 377 ( Fort Worth Drive ) and 101 . 30 feet of frontage along F . M . 1830 (Country Club Road) . Light inuustrial (LI ) zoning exists at the site , but specific development plans have not been revealed . Fourplex or multi - family development is a strong possibility . Streets , utilities and public facilities are in place or available for extension to this site . ACTION RbQUIRED ; Approve the final plat . RECOMMENDA'T'ION ; Subdivision requirements have been satis - fied . The Planning and Zoning Commission unanimously recommends approval. . AL'TERNAT'IVE ; Approve the final. plat . ATTACHMENT ; Reduced final plat . David ison , Deve opment Review P annex war r +.-.,.rte .1.�L•, ti , v i V j{4 ♦% x z ' � s m O. p O I , n � i M o i T m i v N J iD D v S00.01' ZO" £ 0110' R I V M U J V C1'I'Y COUNCIL AGENDA ACK-UP SUMMARY SHEET MEETING DATE ; July 5 , 1983 SUBJix,r : Approval of the final replat of lot 2 , block Al Freeway Park Subdivision . SUMMARY ; Existing lot 2 , block A , of the above referenced subdivision ib comprised of 45 , 474 square feet of land located adja - cent and south of Barcelona Street between Mesa Drive and the I -35N service road . The intent of the replat is to establish two (2) additional lots out of the original 10L 2 . Streets , utilities and public facilities are in place . Light industrial (LI) zoning exists at this site , . Specific development plans have not been revealed . AL11(!N REqU1REU ; Approve the final plat— RECOMMENDATION : All subdivision requirements have been met and the Planning and Zoning Commission unanimously recommends approval , ALTERNATIVE : Approve the final plat . ATTACKMENT : Reduced final plat , a6 V—rU—E son , eve oment ev ew anner til 1J ,. ..f. rip O 4 1 o 5 , y LOT 2C 04 w w LOT 28 0,768 oc. s 0 0.344`co, ZE 1 91P w � "A +.41 No \� I i s 1 1 i SIT5 A 'r,+ ,lyre LOCATION MAP MAP 1111+K "ALI t ----� A 10 .��INEfi v,l s nu EDWARD £, VELAVOS 1509 Angelina Bend Denson , 1elos 7620, F ndt P40f FREEWAY PARK ADDITION LOT 28 a LOT 20 Itolof 0 LOT 2 BLOCK A . PREE WA4 PARK SUBDIVISION, In In! Clly and COunfy Of Den10n , Tesds CITY COUNCIL AGENDA SUMMARY SHEET MEETING DATEi July 5 , 1983 AGENDA ITEMi Consent SUBJECTS Auctioneers payment for annual auction SUMMARYi For the past tan or more years the City of Denton has sold the replaced , obsolete , and other non- usable materials and equipment at public auction . We have each year made or renewed the contract with a professional auctioneer to advertise and conduct this sale . This annual auction was held June 23rd, 1983 , where we sold a total of $85 ,684 , 00 . The attached check requisition is for the auctioneers fee , ACTION REQUIREDi Approval by the Council SOURCE OF FUNDSi From the auction receipts, 720-004-0020-8502 RECD.1MENDATIM We recommend the auctioneer fee to Rena ' Bates for $8 , 568, 40 be approved for payment as per agreement . BYHIBIT ; Check requisition SUBMITTED BYi JA G� '16hn 6, Whhalit C ,P ,M. l Pur�4asing Agent CHECK REQUIS MON•VOUCHSR Check Nivaber Number Pay to $8 ,568 , 40 - Amount Rene ' eater Auctioneers Purchasing Department Route 4 June 27 , 1983 Date McKinney, Texas 75069 Acct , Balance Invoice date number and /or explanation Account No , Net Inv , .Amount The City of Denton annual auction of roplaced motor pool items , with other replaced obsolete and dunk items . OCC 77 , 280 ,00 Motor Pool 8 ,404 .00 Misc , items 85 ,684 ,00 Sales total Auctioneer fee 10% of total 720 -004-0020- $8 ,568 . 40 8502 _ TOTAL 88 ,563 . 40 The above has been reviewed and recommendation for payment is made by the undersigned , Accounting Approval $I&Itur City Manager Approval Director of Finance Approvat PLANNING AND ZONING COMMISSION RECOMMENDATION TO THE CITY COUNCIL, Tot Denton City Council F Case No . S - 169 Meeting Datei July 5 , 1983 GENERAL INFORMATION Applicant : Wesley A , Davis pp 1629 Greywood Mesquite , Texas 14149 Status of Applicant ; Prospective Developer Requested Action ; Change in zoning from planned develop- ment ( PD) for a funeral home ufae to a specific use permit for a day care center , Location and Size ; 519 and 529 Bolivar begin at the southwest corner of Bolivar and Congress . Total land area is approxi - mately 34 , 320 square feet . Existing Land Use ; First church of the Nazarene and sin- gle t' amil.y residential . Existing Zoning ; Planned development ( PD) for a funeral home use only . Surrounding Land Use and Zoning : North - Single family , two family , Town and Country Home Improve - ment Center ; 2 -F, commercial (C) South - Commercial mail service , single family ; 2 -F , commercial (C) East - Office , single family , dance studio , car sales ; Commercial (C) West - Single family , vacant ; 2- F Denton Development Guide ; Area is designated as high intensity . (51.59) Page 2 SPECIAL IM ORb1ATi0N Physical Characteristicsi 'this tract is approximately one-half acre in size . It presently accommo- dates a church and a single family residence . The topography is basically flat and the vegetation consists of grass and trees . Public utilities ; All water , sewer and electrical ser - vices are in place . Transportation ; This site has immediate access to Congress (collector street) and Bolivar (residential street) . Carroll Boulevard and North Elm are arterial streets located 450 feet east and west of this site . Parkway is located approximately 210 feet south of this property . ZONING HISTORY Reverend Phillip M . Smith , Pastor of the First Church of the Nazarene , petitioned the Planning and Zoning Commission and City Council for a change in zoning on this tract in October , 1982 . The requested change from two family ( 2 - E) to planned develop- ment (PD) for a funeral home use only was approved by the City Council on November 17 , 1982 . The Planning and Zoning Commis - sion recommended approval of the petition at its meeting of October 20 , 1982 . There was very little neighborhood opposition to the funeral home use . No steps haves been taken to convert the existing church into the approved funeral home . �8 - 1.69) age 3 ANAL,YS IS The ppropertyy at 519 and 529 Bolivar is .located on the fringe of the Ortginal Downtown special purpose high intensity center , It is the policy of the Development Guide that development or rede - velopment on the fringe of high activity centers adjacent to low density residential areas be protected by such measures as in- tensity gradation (buffering) , strict site design requirements , transportation and land use balance and traffic planning that insures that no local residential streets are utilized for gen - eral circulation to the centers and specific development sites . A mixture of land uses including single family and two- family residential office , commercial car sales and general retail surround this site , and the area beginning adjacent and north of Congress is designated as low intensity . Although very little or no control of intensity is proposed in high intensity cen- ters , it is strongly recommended that existing housing a pre- served and protected from adjacent proposed high intensity uses . This policy is emphasized throughout the Developmenide , cand it has been strongly considered , and frequently applied involving older neighborhoods . This proposal has satisfied De - velopment Guide policies relating to intensity , traffic planning and site plan control . The petitioners have been advised that efforts to involve the neighborhood in the planning process is strongly recommended . Screening landscaping is provided and the proposed play arreasexceedtate the First Church of the Nazarene is an obvious candidate for abandonment in the near future . As was this the case with the proposed funeral home , the resent petitioners are attempting to take advantage of existing faciliti as that would reportedly re - - wire very few significant modifications for conversion into a ay care center , Based on state requirements of one ( 1) child per 30 square feet of indoor area , the 4 , 681 . 83 square foot sanctuary and 1 , 368 square foot residence could accommodate as many as 200 children . Staff has been informed that the peti - tioners are proposing to serve a maximum of 115 - 118 children of all age groups . (S-169) Page 4 ANALYSIS CONTINUED The prospect of the subject property and facilities being used as a day care center appears reasonable . If approved , si ) nifi - cant Development Guide policies would not be violated , This is particularly true when one considers the potential negative effect an abandoned church could have on the neighborhood . Abandoned churches appear to be prime targets of vandals . Con - versely , the neighborhood should be protected from any land use that has the potential to reach a scale and intensity level that threatens to negatively imppact its overall character . Some residential character remains in this area . One method of con - trolling the scale and scope of the proposed day care use is to limit the maximum number of children to be accommodated to a level well below what could be approved by state standards , The Planning and Zoning Commission had few problems with the land use itself , however , considerable discussion occured on the subject of screening . A property owner and business proprietor whose facilities are located across from the site on Bolivar Street appeared to discuss screening . Ike felt that the sight of children playing would be a distraction that would affect his employees and requested a 6 foot solid fence along the east property line . He further suggested that the solid fence would provide the day care center with appropriate protection from any Individuals that may choose to hand children undesirable objects while passing by , The Planning and Zoning Commission eventually decided that solid screening along three aides would not be aesthetically acceptable and would create a stockade effect if erected along Bolivar . RECOMMENDATION The Planning and 'Zoning Commission recommends approval of S-169 with the following conditions by a vote of 6-0 : 1 . The maximum number of children to be accommodated shall not exceed 116 . 2 , The development shall conform to the approved PD concept plan , (S-169) Page 5 KECOMMENDATION CONTINUED :3 . Paved parking and all other applicable development code , fire code , building code and zoning ordinance requirements shall be mat prior to issuance of a certificate of occu- pancy . 4 . A six ( 6) foot solid wooden fence shall be erected along the west and south property lines , the fence on the east property line shall be in accordance with State of Texas regulations for day care centers . 56 The zoning shall revert to two family ( 2 -F) if the day care center use is not developed within three ( 3) years . ALTERNATIVES w 1 . Approve petition with conditions . 2 . Approve petition without conditions . 3 , Approve petition with additional conditions . 4 . Deny petition . ATTACHMENTS 1 . Aerial 2 . Concept plan 3 . Reply forms total 4 . Property owners list 5 . Planning and Zoning Commission minutes of June 8 , 1983 • i' !^` w RA Y. vo .` will or '.. • 1• r # Ab now- "° .• '. .,gyp -.�; �. .�' � •v .15r�O 7, '0 W I?L IL WALK Poll All, A,,# O k4 0, Alf. 11 . kI IL Y. Ploy Al,w Pfl 4f YWI owl', DAY CARC CEN7-5R II PROPERTY OWNER REPLY FORMS CITY COUNCIL S- 169 IN FAVOR IN OPPOSITION UNDECIDED Everett L , Shepard Frank E . Mayfield Mr , & Mrs . 509 Bolivar 221 blest Congress Elliott Hughes Denton , Texas Denton , Texas 513 Bolivar 387 -2256 Denton , Texas Mr , & Mrs , Earnest parker 503 Bolivar Denton , Texas 332 -2101 w y 1 fl N S C I Sr9 ' , 11 11 7 r 11 1 tt J A �l� rrt �Ud�1'S S' AAI;Vl r 0 OAiA.% MI6 ,2e 1 filler 4' uerr .Sd � DOE/IURY nFrl7dh �/.�i �dt _ �1I 11' &tker f Si . (� LjrtA < t IT Ll!,,-s.S t All le _ 10 R j A L_ ,4 IV � 78 P - _ , , 1 1 l�' G 6A r s r + liar Sol, �ro „ 3 (_lndr� chC-P W , arc 1 , f1 4r d< �}rnId it X01 d eA � '94801 11 /' 1t ! So fi !Nh r 114 Le4i6a .74g gel been MI /flc yan - e g/P r.4 w 4 1. 111 A 94 D It rJ ! l �� ^yC -ff• t� tl 71 11 f 9 Old drChdPA r,t4 12.5'.g r y i%le Minutes Planning and 'Zoning Commission June 8 , 1983 Page 2 11 . Public Hearings A . 5- 169 . This is the petition of Wesley A . Davis requesting a specific use permit to operate a day care center at 519 and 529 Bolivar Street ( First Church of (UNAPPROVED) the Nazarene ) . The property is Presently zoned planned development ( YD) for a funeral home use only . Mr . Ellison explained request stating that property was the subject of a zoning change from 24 to PD for a funeral home use only in November , 1982 , that no devel - opment of funeral home has occured . He said that 17 notices were mailed to property owners ; two reply forms were received in favor , two reply forms were received in opposition , and one undecided reply form was received . 0 Wesley Davis , petitioner. , stated that he and his family plan to operate the day care center ; they will accommo- date 86 preschool and approximately 30 after school children . On question , he said this is his first exper - ience with a day :are center . on further question , he said they will have 5 , infant to 11 months ; 6 , 12 to 17 months ; 9 , 18 months to 2 years ; 11 , 2 to 3 year olds ; 15 , 3 to 4 year olds ; 19 , 4 to 5 year olds ; and 22 , 5 year olds . Phillip Smith , pastor of church which owns the property , stated that the church has purchased property on the north side of town and wants to sell this property . He said they have turned down several offers for the prop- erty , they feel the petitioner is a responsible person and this use would be an asset to the community . Larry Bailey , owner of the insurance services agency and property at 526 Bolivar , stated his business is located across Bolivar Street , that he is for the proposal pro- vided a six foot solid stockade type fence is erected along the Bolivar Street frontage ( 160 feet ) . He said that two playgrounds are shown on the Bolivar Street side and he feels that an existing traffic hazard will be increased as people in vehicles will be watching the children at play ; some people already miss the stop sign at Congress . He is further concerned that walking traf - fic may hand undesirable objects through the fence to the children at play and also children may throw toys through the fence . His other concern is lost production time as his employees and customers will also be tempted to watch children at May . He suggested that the re - quested fence be angled to give 25 feet of free area at Congress for visibility . He repeated that he is In favor of use as he feels this Is an excellent location and it is a good building for proposed use . Minutes Planning and zoning Commission June 8 , 1983 Page 3 Mr . Ellison continued staff report stating that area is designated as high intensity on fringe of special high intensity downtown area ; public facilities are in place , it has immediate access to Congress (a collector street) and Bolivar ( a residential street ) . Amount of parking is adequate as 19 . 6 spaces are required and 20 parking stalls are shown , however , the parking arrangement is not acceptable due to maneuvering space . The trans - portation engineer feels it can be worked out with de- veloper and it is toiggested that condition be attached to let staff work out circulation . He continued that staff feels a 6 foot solid wooden fence sh0Vld be pro- vided along the west and south property lines , however , type of screening along east side (Bolivar Street ) should be left up to developer ; a chain link fence is required by the state . He said that purpose of a solid fence is to protect abuttin g residential areas but no abutting residential area exists on the east side . On question from Chairman , he said that petitioner is ex - ceeding state requirements for playground area . He further stated that staff feels this is an acceptable use and recommends approval subject to a maximum of 116 children to be accommodated , development to conform to approved concept plan , zoning to revert to 2-F if no development occurs within 3 years , parking and other applicable code and ordinance requirements to be met prior to issuance of building permits , and a 6 foot solid wooden fence to be erected along west and south property lines , the fence on east property line to be In accordance with Texas day care regulations . Mr . Davis said they do not feel there would be a problem with people handing objects through the fence as they will have a staff ratio of one to seven children ; that children will be in this area approximately 45 minutes at a time . On question , he said they planned a wire fence so parents could view type of playground equipment furnished . He said another playground area is provided on west side of property . Chair declared public hearing closed . Chairman commented that he liked to see a day care center in commercial area , however , he was concerned about possibility of pedestrians passing objects through to children since location is in a business rather than a residential area . He said he favored a 6 foot wooden fence all around with visibility triangle observed at Congress and Bolivar . i Minutes Planning and Zoning Commission June 8 , 1983 Page 4 Mr . Sidor stated he was not in favor of solid wooden fence along Bolivar and moved to recommend approval of S- 169 subject to the following conditionss 1 . The maximum number of children to be accommodated shall not exceed llb . 2 . The development shall conform to the approved PD concept plan . I 3 . Paved parking and all other applicable development code , fire code , building code and zoning ordinance requirements shall be met prior to issuance of a certificate of occupancy . 4 . A six (6 ) foot solid wooden fence shall be erected along the west and south property lines , the fence on the east property line shall be in accordance with State of Texas regulations for day care centers . 5 . The zoning shall revert to two family ( 2 -F) if the day care center use is not developed within three ( 3) years . Mr . LaPorte amended motion to include condition that a six ( 6 ) foot solid wooden fence be erected along the east side with 25 foot visibility triangle observed at Congress and also at driveway exit . Seconded by Mr . Claiborne . Further comments were that solid fence would eliminate ventilation and create a stockade atmosphere for chil - dren , that a combination wire and wood fence would open up visibility and provide higher protection . Vote was called on amendment ; Aye - Claiborne , Cole , LaForte Nay - Bscue , Juren , Sidor Amendment failed . Vote was called on original motion and it carried unanimously . (6 -0) NO AN ORDINANCE GRANTING A SPECIFIC USE PERMIT AND AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS , A$ SAME WAS ADOPTED A$ AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON , TEXAS , BY ORDINANCE N0 , 69. 1 , AND AS SAID MAP APPLIES TO LOT Z , BLOCK 1 , BARB ADDITION R. BEAUMONT SURVEY, ABSTRACT NO 31 , CITY AND COUNTY OF 60'0 N, TEXAS ; AND DECLARIN( AN EFFBCT ,"l DATE, THE COUNCIL JF THE CITY OF DENTON , TEXAS , HEREBY ORDAINS: SECTION I , The Zoning Classifi.ation and Use designation of the fo11c► ing described property , to-wit : All that certain lot , tract or parcel of land lying and beini situated in the City and County of Denton , State of Texas , ;a5 being known as Lot 2 , Block 1 of the Barb Addition , R . Beauiaar,t Survey Abstract No . 31 and also known as $ 19 and 529 BOltrs: Street (First Church of the Nazarene ) in the City of Dent :- , Texas . which is classified as Planned Development "FD" District Cls >s : • fication Use under the Comprehensive Zoning Ordinance of tn•. City of Denton , Texas is hereby changed and a Specific Use Pers: t is hereby granted for the use of said property for a day :are center , subject to the following conditions and restrictt _:s to• wit : 1 . The maximum number of children to be accommodated shall not exceed 116 . 2 . The development shall conform to the approved PD concept plan , 3 . Paved parking and all other applicable development code , tire code , building code and zoning ordinance requirements shall be met prior to issuance of a certificate of occupancy . » . A six (6) foot solid wooden fence shall be erected along the west and south property lines , the fence on the east property line shall be in accordance with State of Texas regulations for day care centers . 5 . The zoning shall revert to two family ( Y• F) [ f the day care center u;e is not developed 4ithin three (3 ) ,years, The development of the property shall be in substantial c �n?: i - anca pith tho site plan attached 'hereto and made a part f,r all purposes. S- 169/:6ESLFY A. DAVIS/PAGE 1 The 4onin; Map of the City of Uenton , Texas , adopted the 11th day of January, 1969 , as an .Appendix to the Code of Ordinances of the City of Denton , Texas under Ordinance No , 69. 1 , be , and the same is hereby amended to show such change ir. District Classification and Use S6.^T ION II . That the : ity Council of the City of Denton, Texas nereby 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 1 conserving the value of the buildings , protecting human lives, r,nd encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas , and its citizens . SECTION III . That this ordinan.:e shall be in full force and effect immediately after its passage and approval , he required public hearings having heretofore been held by the Planr.,ng and toning Commission and the City Council of the City of Denton , Texas , after giving due notice thereof. PASSED AND .APPROVED this the day of 1983 . R ICILAR D , 7 EhARI , MAYOR CITY OP DEYiON , TEXAS ATTEST ; >ARLOTTB c. , � 117 SEL;REVARY CITY OF DENTON, TEXAS APPROVED AS TU LEGAL MRM C . J . TAYLOR, JR . , CITY .ATTORNEY CITY OF DENTON , TEXAS By f / s- 169/'WESLEY ? . DAVIS/PAGE 2 j i I r 3 r is � �, !i• , I ` ff �y ti dOi I VJR -all PLANNING AND ZONING COMMISSION KECOMMLNLATIUN TO THE CITY COUNCIL To : Denton City Council Case No . Z-1585 (Meeting Date : July 5 , 1983 GENERAL INFORMATION Applicant : Cozy Oaks , Inc . 2241 Scripture ij Denton , Texas 76 '201 5 t a t u s o f A p p 11 c a n t (s ) : . . . . . . . . . . . . . . . . . . . . . . . • • • • • • • • Requested Action : Change in zoning from office (0) to the planned development ( PD) classi - fication . Purpose : Development of a 4 , 020 square foot. restaurant . Location and Size : U . b25 acre tract located adjacent and west of the intersection of Myrtle and Fort Worth Drive and adjacent and east. of Carroll Boulevard . Existing Land Use : Vacant Surrounding Land Use and 'Zoning : North - Single family , wrecking yard , commercial , SF -7 , commercial (C) South - Commercial strip ; Commercial (C) East - Fort Worth Drive , personal service , commercial , single family ; Commercial (C) West - Carroll Bottievard , single family ; SP -7 Denton Development Guide : Area is designated as moderate Intensity . r it (Z- 1585` Page 2 SF'b.CIAL INFUKMATiON Physical Characteristicat 'Terrain slopes upward towards the north . Vegetation primarily consists of grass . Drainage ; The engineering department has re- ported that the drainage system in this area has adequate capacity to serve the proposed development . Public Utilities ; Ade-4uate streets , utilities and other public facilities are available and adequate to serve this site . 11'ransportation This site has frontage along Myrtle Street and Fort Worth Drive . A L5 , 000 square foot triangular shaped tract separates the subject site from Carroll Boulevard . The petitioner proposes one access point to the restaurant site off Carroll Boulevard . 'the abutting tract belongs to ryr . Tom Stirigley . A pri - vate agreement was apparently made whereby access would be granted off Carroll in return tot development of parking on the Stingley tract . As presently proposed , the Carroll Boule - vard curb cut will begin approximately seventy -five ( 75) feet north of the intersecting point of Carroll Boule - vard and Fort Worth Drive . 'lhe Stingley tract is zoned office (0) and is therefore eligible for a curb cut regardless of the outcome of this request . The building inspector has reported that current curb cut stan - dards only require a thirty -five (35 ) foot distance between entrances and the nearest intersection . The pro - posed new subdivision regulations strongly discourage curb cuts on major arterials and suggest that the appli - cant be responsible for proving that joint or alternative access is (Z- 1585) Page 3 SPECIAL INFORMATION CONTINUED Transportation Continued ; not feasible . The Stingley tract was disposed of by the City in 1982 . One bid specification was that curb cuts shall be in accordance with the pro- posed new subdivision regulations . The purchaser agreed to these terms , and although the new subdivision regu - lations have not been adopted , staff feels that the Carroll Boulevard cut should be located at least 100 feet away from any intersection . The Myrtle Street entrance and curb cut is pproposed approximately forty - five (4 5) feet north of the yrtle- Fort Worth Drive intersection . Again , this arrangement is less than ideal , however , the alternative is to trachea curb cut on Fort Worth Drive . I zoning change is approved , the engi - neering department recommends that a condition be attached which grants staff the authority to designate a spot for location of the Myrtle Street curb cut that is as far away from the intersection as possible . The City transportation engineer recommended that a condition be added that would prevent future median cuts along Carroll Boulevard to serve those wishing to turn left off Carroll onto this site . The Planning and Zoning Commission agreed that median cuts should not be provided on Carroll Boulevard and the proposed condition was attached to the overall recommendation . (1.-1585) Page 4 SPECIAL INFORMATION CONTINUED Parkingi Forty (40) on site spaces are required (one par each 100 square feet of floor area) for restaurants with on site consumption of beer and wine . Forty - one (41 ) are provided on the PD con - cept plan ; however , it is recommended that 1 - 2 spa::es adjacent and south of the Myrtla Street entrance be elim- inated to minimize the potential for view obs %ruction at the point of in - teraection . ANALYSIS This is a request for appropriate zoning that would permit the development of a 4 , 020 square toot sit -down restaurant . The petitioners have indicated that the format will be similar to that of the existing Cozy Oaks restaurant located in the City of Denton . The concept plan exhibits landscaping on the interior of the tract and parking along the perimeter . Access has been addressed , and as previously stated , is less than ideal largely due to the unique shape of this parcel and its location in relation to surrounding arterials and major intersections . From a practical point of view , it must be acknowledged that unrestricted office (0) zoning and the unde - niable right of the property owners to be granted curb cuts and subsequent access to their land is retained regardless of the outcome of this request . Therefore , the proposed planned devel - opment (PD) appears to be a superior alternative to potential developments that would only be subject to standard administra - tive controls , reviews and procedures . RgCORMFNDATION This site is located in an area designated as moderate inten - sity . The Planning and 'Zoning Commission does not feel that the proposed restaurant will negatively impact surrounding land uses or violate policies in the Denton Development Guide . (4- 1585) Page 5 RN.(:0r1MENDATION CONTINUEU The Planning and Zoning Commission recommends approval of Z-1585 with the following conditions by a vote of 6 -U : 1 , The development shall contorm to the approved FU concept plan and all applicable City of Denton development codes snall be satisfied prior to issuance of certificates of occupancy and building permits . 2 . Minor modifications in building location , parking lot ar - rangement , curb cut locations and overall design shall be permitted if recommended by staff to improve traffic circu - lation , visibility or other technical concerns . 3 . The square footage of the building shall be limited to 4 , 020 square feet and building height shall not exceed two (2) stories . 4 . The Carroll boulevard curb cut proposed to provide access to this site and the adjoining tract to the west shall be located at least one hundred ( 100) feet from any inter - section at its beginning point . 5 . That no break in the Carroll boulevard median shall be permitted for left turns and entrance onto the curb cut serving the restaurant site . 6 . Zoning shall revert to oftice (0) classification if develop- ment does not occur within four (4) years of approval date . ALTERNATIVES 1 . Approve petition with conditions . 2 . Approve petition without conditions . 3 . Approve petition with additional conditions . 4 . Deny petition . l Page S65) ATTACHMENTS 1 . Aerial 2 . PD concept plan 3 . Reply corms total 4 . Property owners list 5 . TIinutes of Planning and 'zoning Commission meeting of June 8 , 1983 v M AV i *40 , i y •` i ' - Fa o 1 � ON 'This curb cut 'Eshould 5t�ALE '10 :0T J be as far from Myrtle Street 10 1;0) - Ft , Worth D , intersection as possible,' % . L _ Eliminat odor -2 spaces _ aye' ll could improve • y� __ visibility , avw3Ox, aOto �.a. i b A. ' PAZ recommends(11 relocation of this, —� curb cut o a point that mea res a minimum 100 feet from int section at --' its begi ing point . ' scat �•, Zo• j I PROPERTY OWNER REPLY FORMS CITY COUNCIL Z- 1585 IN FAVOR IN OPPOSITION UNDECIDED Charles Hopkins None Received 2425 Old North Road Denton , Texas 1 3 ° s S'! 6 qg A 0. k 0 Al 5 I i Jno : ,GI r1, �, •� . 10 � ICb a 5o m -J;! for 1 /N ^ ,. lr i•, nl3 0 1 r '. I /J /ti �1 r t f14 4 i' rn7 n ! 16' Jar ,/ n �� ♦? f I'A')I Oki li 1 ' 32o Coll ', •7(:� al I Q11111l1 J Teel+ r'6 n 'c' f+ � ++ �C � ' ,c ,^r o I Minutes Planning and Zoning Coaunission June 80 1983 Page 5 B . Z- 1585 . This is the petition of Cozy Oaks , Inc . requesting a change in zoning from office (0) to the (UNAPPROVED) parcel development (PD) classification on a . 650 acre parcel located adjacent and west of the intersection of Myrtle and Fort Worth Drive , adjacent and east of Carroll Boulevard , and north of the merger point of Carroll and Fort Worth Drive . If approved , the plan - ned development ( PD) would permit the construction of an approximately 4 , 020 square foot restaurant . Mr . Ellison explained request stating that 10 notices were mailed to property owners ; one reply form was received in favor , none were received in opposition . Charles Davis , attorney representing Cozy Oaks , stated petitioner plans to build an approximately 4 , 000 square foot restaurant , that they will have a landscaped area in front , they will have access from Myrtle Street side . He said they have been in operation about 4 years at another location which employs about 20 people . This Is a natural expansion , they have not decided whether this restaurant will also be called Cozy Oaks . No one appeared in tavor or in opposition to request . Mr . Ellison continued staff report stating that area is designated as moderate intensity , that drainage and pub- lic facilities are adequate . He sa :ld the main problem is access , proposed driveways and curb cuts are less than ideal . He said that a curb cut is proposed on adjoining tract which has frontage on Carroll and is owned by Tom Stingley ; apparently a private agreement has been reached between petitioner and Mr . Stingley to provide access from Carroll and develop parking on Mr . Stingle / ' s property . On question , he said that city sold the triangular tract to Mr . Stingley in 1982 . On further question , Mr . Watkins said that Planning and 'toning Commission recommendation to not allow a curb cut on Carroll was modified by the City Council . Mr . Ellison suggested that curb cut be moved to a mini - mum distance of 100 feet from corner . Mr . Davis said that would be no problem. On question , Mr . Davis said he didn ' t know how Mr . Stingley planned to Ultimately develop his tract . Mr . Ellison further adv:.sed that the proposed curb cut at Myrtle and Ft . Worth is also a problem and suggested that it be moved further from Intersection . He suggested that staff be allowed to work with developer to derive some alternative access from Myrtle . Minutes Planning and Zoning Commission June 8 , 1983 Page 6 Mr . Porcelli owner of property . said location of curb cut was a joint venture , ghat it would only be used by those customers coming from direction of 1 -35 . Mr . Ellison continued stating that restaurant use in moderate area is no more Intense than an office use , He said that staff would like to look at options relative to relocation of curb cuts and recommended approval sub - ject to conditions . Mr . Juren questioned putting a limit on square footage of building . Mr . Ellison responded that purpose of a PD is to set limits , that developer can request an amend- ment to PD at a later date if more space is desired . Mr , Olyai recommended that no break in median on Carroll Lie permitted so that vehicles would not be turning left across Carroll onto parking area . Petitioner offered no rebuttal . Chair declared public hearing closed . Mr . Juren moved to recommend approval of Z- 1585 subject to the following conditions ; 1 . The development shall conform to the approved PD concept plan and all applicable City of Denton development codes shall be satisfied prior to certificates of occupancy and building permits . 2 . Minor modifications in building location , parking lot arrangement , curb cut locations and overall design shall be permitted if recommended by staff to improve traffic circulation , visibility or other technical concerns . 3 . The squaro footage of the building shall be limited to 4 , 020 square feet and building height shall not exceed two (2) stories . 4 . The Carroll Boulevard curb cut proposed to provide access to this site and the adjoining tract to the west shall be located at least one hundred ( 100) feet from any intersection at its beginning point . 5 . Zoning shall revert to office (0) classification if development does not occur within four (4) years of approval date . Seconded by Ms . Cole , Minutes Planning and Zoning Commission June 8 , 1983 Page 7 Mr . Sidor amended motion to include additional conditions 6 . That no break in the Carroll Boulevard median shall be tted for left turns and entrance onto the curb cut serving the restaurant site . Amendment was accepted by Mr . Juren and Ms . Cole . Vote was called on motion and it carried unanimously . (6 -0) vo Nt) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF UENTON , TEXAS , AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON , TEXAS , BY ORDINANCE NO, 69• l , AND AS SAID NAP APPLIES TO APPROSIMATBLY 2S , 380, 0S SQUARE FEET OF LAND OUT OF THE ALEXANDER HILL SURVEY , ABSTRACT NO, 623, DENTON COUNTY , TEXAS; AND MORE PARTICULARLY DESCRIBED HEREIN ; AND DECLARING AN EFFECTIVE DATE , THE COUNCIL OF THE CITY OF DENTON, rEXAS , HEREBY ORDAINS; SECTION 1 , The Zoning Classification and Use designation of the following described property , to- wit; All that certain lot , tract or parcel of land lying and being situated in the City and County of Denton , State of rexas , and being a part of a First Tract as conveyed by deed dated October Z3 , 1937 from ',iilliam A, iwilson and wife , Selma eilson to B . F . Chastain , as shown of record In Volume 271 , Pipe 103 of the vend Records of Denton County , Texas; being out of the Alexander Bill Survey , Abstract No , 623 , and being more particularly described as follows : BEGINN'1NG at a steel pin at the northwest corner of the ;cast mentioned First Tract ; (HENCE south 38434 ' 19" east along the north Foundary line of said first tract same being a (once line 161 , 8 ' feet (call on this line being 16$ feet ) , to a steel pin for corner in the west boundary line of Myrtle Street ; THENCE south 00050 ' east along the west houndary line of 'Myrtle Street 35 , 2 feet to a steel pin for most eastern corner of rract No. 8563 of 4393 square feet of land as Set forth in Instrument designated as "Order for Possession" doted September 30 , 1876 , City of Denton v, Ben F . Chastain, )r . , Lillian Judkins and Virginia Alyne Chastain, said instrument filed in the Office of the County Clerk , Denton County, Texas; THENCE south 33648134 " west along the northwesterly boundary line of the above mentioned City of Denton tract , 166 , 78 feet to a steel pin for corner ; THENCE north 86 029154" west alonr, titre north boundary line of the past mentioned City Of Denton tract 60 ,00 feet to a 2" steel pipe for the northwest corner of said City of Denton tract and being in the west boundary line of the past mentioned B . F . Chastain First Tract ; r1iENCE north 00"1 ' 061' e.st along the west 'boundary line of the past mentioned first tract 212 , 7 feet to the point of beginning- and containing Is , 330 . 0� square feet of land , is herby changed from Office "U" District Classifica ion 'Jse to Planned Development "PD" District Classification and 'Jsu under the , C,ompreitensive :oning Ordinance of the City of Denton, "eaas with the followi,)g conditions and specifications ; 1 . The development shall conform to the approved PD concept plan and all applicable City br Denton development codes shall be satisfied prior to certificates of occupancy and building permits , Z • I585tCOZY OAKS , INC . •PAGE 1 I . minor modifications in building location pari.ingg lot arrangemen . , curb cut locations and overall des tin shall be permitted if recommended by staff to improve traffic circulation , visibility or other technical concerns . 3 , The square footage of the building shall be limited to 5 , 020 square feet and building height shall not axcaed two L2 ) stories . J . The Carroll Boulevard curb cut proposed to provide access to this site and the adjoining tract to the west shall be located at least one-hundred ( 100) feet from any intersection at Its beginning point , S . That no break in the Carroll Boulevard median shall be permitted for left turns and entrance on%o the curb cut serving the restaurant site , 6. Zoning shall revert to office (0) classificat :.on if development does not occur within four tit ) years of approval date . The Zon! ng Slap of the City of Denton, Texas , adopted the 14 :h 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 : ne same is hereby amended to show such change in District Classif : cation and Use subject to the above conditions and specifications , SECTION II . That the City Council of the City of Denton , faxas , nerrn finds that such change is in accordance with a comprehensive ;, ,in 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 pecu: : ar suitability or particular uses , and with a view to conserving : he 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 puolic hearings having heretofore been held by the Planning and 'oning Commission and the City Council of the City of Denton , Texas , after giving due notice theraof , PASSED AND APPROVED ;his tips day of RICHARD 0. SILWAKI , MA10K CITY OF DENTON , TEXAS ATTEST : CHARLOTTE ALLEN, CITY SECRETARY CITY ; F DENTON , TEXAS APPROV! U AS TO LEGAL FORM: V J . TAYLOR , JR . , CITY ATTMEY l; li'1' OF 1)ENfON , rEXAS L- 1SSS/T OZ OAKS, INC , - PAGE 2 . .� '4t kt yalw This curb cut'�Ihouli ba a$ Ear Eros? 4yrt/s Straat �• �� 'yb Ft , Earth ti intars*ttion • ��• +' as pq«ssi61•i.i ,, ice �.• (� L ElimSnatl•:c t -2 ipa:is 14 t� J 1 could itip rove a Y . . .a � � aC►eor 40ta Hw -� visi':iaty, W+WING, i t w ?t2 recommends _—'�I /' / relocation if this J out k0 3 poi-,It --.at nea5u Ces d -inimum of :00 feet r,- in t@ section at —'— •� ; no > 'iesinning point . I , MEMORANDUM DATE : June 29 , :983 TO : City Council FROM : Steve Fanning , Comprehensive Planner SUBJECT : Proposed Subdivision and Development Ordinance Attached is the final draft of the proposed subdivision and development ordinance that incorporates the changes made by the City Council and Planning and Zoning Commission on January 25 , 1983 (minutes attached ) . The attached draft was reviewed by the legal department. and development staffs with final changes limited to : 1) Substantive changes according to City Council direction of January 25 , 1983 2) Editing and clarification changes 3) Legal requirements The following is a list of the changes made to the January 25 , 1983 draft : 2 Changed title of Article 3 . U8 from "Special Procedural anu p Approval Provisions : to "Combined Approval It of Preliminary Plat and Lot of Record--Optional Procedure . p . 4 Last sentence , paragraph B deleted reference to appealing any decision of Planning and 'Zoning to Council . p . 9 Redrafted Lot of Record definition pursuant to staff recommendations and for clarity . p . 13 Article 2 . 01 - changed from "letter of transmittal" to "application , " same with Article 2 . 02 . p . 14 Article 2 . 03 - substituted the Development Review Committee for Planning and Community Development and Lngineering Department . City Council June 29 , 1983 Page '2 p . 15 Article 2 . 07 (B) i added #4 and # 5 relating to courtesy notice to resi.dont within 200 feet of proposed replat with replats first heard by Planning and Zoning and final action by council . p . 15 Chapter I - clarified language as to what regulations do not cover . pp . 17 Guidelines for annex - separated into three sections : and 18 guidelines for _i_n_i�t_i_tt�in& study and sco a of study , study and annexation procedures p .p . 18 Paragraph L : "and /or " changed to "or . " p . 19 Article 3 . 05 : deleted "recommended " because preliminary plans are required . p . 20 Paragraph A : "when appropriate or when required" changed to "when appropriate or if required " by Planning and Zoning . p . 20 Auded guidelines to determine when a general development plan is required . p . '21 Chflnged language to require preliminary plans . p . 21 Under 2 (b) changed to require proposed name of subdivision or lot of record . p . 22 Changed allowable topography shown by contour lines from five feet to two feet . p . 22 Changed allowable topography shown by contour lines from five feet to two fees . p . 23 Under aragraph C renumbered and changed Planning and Zoning s "determination" to "recommendation . " Removed provisions for appeal to the Council and require placement on Council agenda for final action . Added requirement of a pre -design conference . p . 23 Required preliminary utility and drainage plans on preliminary plats unless waived by Development Review Committee . City council June 29 , 1983 Page 3 p . 25 Added requirements and guideline for off -site improvements . p . 26 Inserted prohibition against referring to lot and block numbers of a lot of record not recorded as a subdivision for purposes of title or conveyancing . p . 28 Changed period of time in which final lot of record and plans must be submitted from seven days to ten days prior to Planning and Zoning meeting under paragraph 3 and changed paragraph 2(a) to refer to utility service outside the corporate limits . p . 29 U (7) - Removed reference to appeal from decisions of Planning and 'Zoning . p . 30 Eliminated requirement for no conditional approval of final plat . Left optional . p . 30 Changed Z (a) to require a development contract agreement for construction authorization if a lot of record is to be tiled prior to completion of improvements . Also changed 2 (a) to require Planning and 'Zoning a roval of detailed standard provisions provided by the My Engineer . p . 32 Changed a requirement of two sets of "as built " plans to one sepia set . p . 33 Changed "facility design standard " to "General Design Standard" and removed reference to oversized participation in drainage . p . 35 Under paragraph E added requirement of a development contract prior to issuance of building permits and changed title of Article 3 . 08 to "Combined Approval of Preliminary Plat and Lot of Record --Optional Procedure . " p . 37 Added language under Article 4 , 02 relating to plans and procedures and added "alignment" to Article 4 . 03 , paragraph A(1 ) . p . 39 Defined Apartments . p . 40 Limited mandatory right of way dedication to recordable subdivisions . i City Council June 29 , 1983 Page 4 p . 43 Changed paragraph U to provide for extension of collector streets up to logical point of termination and added # 3 to paragraph i setting forth criteria for temporary deadend streets . p . 44 Paragraph H(2) changed to include streets adjacent to development lots . p . 44 Paragraph H(2) ( b) ( 1) (b) changed to a lot of record . p . 48 Changed paragraph 5 to relate to proximity of parking to driveway in commercial or multi -family developments under three acres and over three acres . p . 50 Changed paragraph 1 ( 9) (b) to require an approved curb access permit prior to issuance of a certificate of occupancy . p . 51 Added to Article 4 . 04 requiring final design details to conform to City ' s standard engineering specifications . p . 51 Added new Article 4 . 05 relating to median standards . p . 69 Paragraph C ( 1) : deleted reference to City participation in cost difference between current and ultimate drainage . p . 70 Deleted paragraphs G and h relating to City participation in oversized drainage facilities and citywide storm drainage assessments . p . 71 Article 4 . 16 , paragraph B changed to permit frontage on a private street in a Planned Development coning district and requiring improvements as per the perimeter street policy for development adjacent to a public street . p . 73 Article 4 . 21 changed to emphasize that the redevelopment of lots upon which the original zoning has been significantly changed will include the required improvements as set forth in the ordinance . p . 74 Added a new Article 4 . 22 providing for filing fees . p . 74 Added a repealer clause . SF : ab I MINUTES City of Denton City Council January 25 , 1983 Joint .Meeting of the City of Denton City Councils the Planning and Zoning Commission , and the Subdivision Advisory committee on Tuesday , January 25, 1983 , at 5 ; 30 p .m. in the Training Room of the Service Center . PRESENT ; Mayor Stewart , Mdyor Pro Tem Stephens , Council .Members Alford , Barton , Chew, Hopkins , and Riodlespergerl City Manager , City Attorney and City Secretary A8SENTr None City Manager Hartung turned the discussion over to Steve Panning with the Planning and Community Development Department, fanning distributed notes which enumerated changes and/or questions which were brought forward by the Planning and Zoning Commission and the attendees of the Public Hearing , 11 Replat Procedure The current procedure Is to follow the state law on notification with final action by the City Council , Bob LaPorte of the Planning tnd Zoning Commission Commented that several people had spoken to the PSZ in favor of a courtesy notification un replatting because , in some instances , replatting had the effect of zoning , LaPorte also stated that the PdZ felt that the final action on replatting should be done by the City COunCil , City Attorney Taylor reported that even though property is zoned one way , replatting can change the use , Council Members Chew and Barton stated that having the final action on the COO Sent Agenda would be Informational to the Council . Fanning reported that one comment recalved from developers was that requiring Council approval for replats would add several weeks to the approval process . Taylor stated that the final authority to approve plats is the City Council or the Planning and Zoning Commission through the Council as designated by law . Council Member Hopkins stated that tnere is a need to speed up t ,ie approval process . Taking a plat or replat to the Planning and Zoning COmmiW O n for approval and then being referred to the City Council for final approval takes several weeks due to the fact that the Planning and Zoning Commisslon meets the first and third Wednesday and the Council meets the first and third Tuesday of the month , Davi . Ellis of the Planning and Community Development staff raised the issue of ^harging a fee to petitioners to covor 6ne cost of the courtesy notification of oesidents outside of the suooivision , Chew motion , Ridolesperger second that the City Council takes the final action an replats , Stewart , Chew , Ridolesperger, Alford , Stephens " aye" ; Barton and Hopk iris " nay" , rlot Ion carried '3 to SteOnens motion , Riddlesperger second to Send courtesy nOtifiCatidnS to residents within 200 Feet , Chew, Barton, Stewart , Riddlesperg�r and Stephens " aye,' ; Hopkiris and Alford "nay" , MdtiOA car , led S to 2 . 2 , New Plat Processing IPrailminary and Final ) The current procedure involved ro notification , The P � , taxes final action on preliminary plats and Currently on final plats , the P&Z mares r?COmmehdatiOns to `,he City CounCiI for final action . City Council Minutes January 25 , 1963 Page Two Hopkins motion, Chew second that notification on final plats and preliminary plats over lu0 acres only be given to adjacent property owners . Motion carried unanimously, Hopkins motion, Chew second that the Planning and Zoning action on Preliminary and final plats be final with the exception of those plats which require a financial commitment from the City and that applicant can appeal final action of P&Z to the City Council , Motion withdrawn by Hopkins . Barton motion , Hopkins second that Planning and Zoning Commission have authority On final plat ; preliminary plats , appeals on preliminary plat decisions made by the P4Z , and all prellminary plats with a financial commitment from the City would be presented to the City Council on the Consent Agenda , Motion Carried unanimously . 3 . Sidewalks Currently no sidewalks are required . Hopkins motion, Chew second to requlro sidewalks on all thoroughfares and collectors and wlthla one block of schools . Motion carried unanimously , a , Requirement to Submit a Preliminary Plat A preliminary plat is currently required . Hopkins motion, Alford second to eliminate the optional provision and change to require a preliminary plat On all developments finless the development meets the requirements providing for a combination prellminary/final plat processing in one document and a one - step procedure . Motion carried unanimously. 5 , Annexation The Curren ; procedure on initiation of annexation proceedings is an informal study considered by the City COunCl '. and , if warranted , procedures are started for the Pd,t public hearing and City Council public hearing . Stephens motion , Chew second to formalize current practice of study session to discuss proposed annexations by putting procedure ! n Ordinance form, Motion Carried uhanlmously, b. Perimeter Streets Currently improvement is required e,(Cept for single family under three ( 3 ) acres )r three ( 3 ) lots , and commercial under three ( 3) acres . Hopkins motion , Barton sOCOnO to maintain current requirements for perimeter streets . Motion carried unanimously , 7 , General Development Plan A general development plan is not required at the � eisent time . Stephens motion, Chew second that i general development pier �e required by the Manning and Zoning !,ommission wren a Oeve ; :D ent is a portion of a larger tract under One ownership ; ,Then a proposed subdivision will developed in phases ; when orfslte road , drainage , or utility connections have major alternative POssibilitles ; City Council Minutes January 2s, 1g83 Page Three when a proposed developmeW3 roads , drainage , utilities etc . may have a major Impact on adjacent or neurby private or public properties ; or when the Impact of offslte roads , drainage, utilltiss , etc . Cannot oe determined by a limited area plan , Motion carried unanimously , 8 . City Participation In Drainage Improvement The City does not presently participate in drainage improvement . Hopkins motion, Alford second to delete this fee from the proposed Ordinance, Motion carrlea unanimously , 9 , Median Standards There are currently no standards for medians , Barton motion , Alford second that no median be permitted except on major arterial roads ( primary and secondary ) as defined dy the major thoroughfare maSter plan ; that a minimum width of 14 feet from back to back of Curb be accepted and median$ less than 14 feet in width be of a maintenance -free surface ; that contractors be required to keep the median areas Clean and free of debris , concrete waste , : Id other construction waste ; that medians be equipped with a water supply and outlets spaced a minimum of every NO feet apart ; thatprovision$ for an underground electrical supply be provided for each median unit for the purpose of automatic Irrigatlon which shall be determined by the Parks Oivlsion prior to construction ; and that contractors be required to fill each median unit with top soil and be required to fertilize, seed , and water in a proper manner to estalish turf grass cover . Motion carried unanimously, IU, The Council then adjourned into Executive Session to discuss legal matters , real estate , personnel , and board appointments , No official action was taken on Executive Session items . II , No items of new business were suggested for future i9enoas , ATZHaRG� STt'dA97 !1 y NHWOTTG ;I,—ALLE 17'f SECRL�+1kY 063 30 CITY OF W N'ITUIN W MURANUUfl FROM. Charlotte Allen , City Secretary DAM; ; June 30 , 1983 SUBJECT ; Back-up Materials for Agenda item #4 A Agenda Item #4 A , the Subdivision Rules and Regulations Ordinance , is approximately 75 pages in length . Due to the cost factor involved , a copy of this document is not included in this agenda packet . 1f you wish to review the ordinance , a pvaslwell and Development retary . Department Thank you . CharlottAllen ca 0894C / 2 N0. AN ORDINANCE REPEALING AND REENACTING APPENDIX A TO THE CODE OF ORDINANCES OF rJM CITY OF DENTON, TEXAS ZELATI,\G rO SUBDIVISION AND LAND DEVELOPMENT REGULATIONS; PROVIDING A PENALTY OF A FINE NO TO EXCEED T'60 HUNDRED DOLLARS ; PROVIDING A SEVERABILLTY t;LAUSE ; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; A,ND DECLARING AN EFPECrIVE DATE . THE :OUNCIL OF THE CITY OF DENTON HEREBY ORDAINS : SECTION I . That Appendix A to the Code of Ordinances of tiie City of Denton , Texas , is hereby repealed and reenacted in its entirety to read as follows ; TABLE OF CONTENTS ARTICLE 1 , IN ;ENERAL HAPTER I , PURPOSE d IA'rENT . . . . . . . . . . . . . . . . 2 Article 1 . 01 Polic± . . . . . . . . . . . . . . . . . . Article 1 , 02 Purposas . . . . . . . . . . . . . . . 1 Article 1 .01 Authority . . . . . 3 CHAPTER I I . SHCRr T I T L E . . . . . . . . . . . . . . . . . . 4 CHAPTER [ I1 • VA.tIAT10NS . . • , . . . . 4 CHAPTER IV. DEFINMON'S . . . . . . . . . . . . . . . . . . u Article 4 . 01 Rules for Definition . , . . . , . , . . . o Article 4 . 02 DeEinitions . . . . . . . . . , a ARTICLE fl . SUBDIVISION REGULATION'S iHAP'tFR 1 . AUTHORITY , . . . . , . . . , , . . . . , L Article 1 , 01 Jurisdiction . , , . . . • . . , . , . . , it .article 1 . 02 Scope of Regulations . , I2 Article 1 . 03 Development Standards ; Raquirements in tilt Estriterritorial Jurisdiction , , . 12 A , title i . i4 Appro•ral Retluired , . . . . . i2 :;IAP,ER ; I . PROCEDURES rOK SUB?FISSION j WP;lO4'Al• 3 Articia 2 . OL Preliainary Plat o Plans . . . I3 Article 2 . 12 Final Plat & . .ans . , . . . , . . , , . . l3 Arti _ le )3 Filing of Plat . . . . . . . . . . . . . is Article � . JJ Subdivision Cons ruction ; 1 Article 2105 Acceptance of the Subdivisisn . . , . , . 14 lr , itie , Od General Develop,nent Require-„ants . . , , , la Article , D keplat Procedure . . . . . . . . . . . . . :d A"1 7 ICLE III , LANG DEVELO'.;EN"T PROCED;:DES j PI:MI' .AcCULAI'IONS CH.iPk'E;2 i . U;t [SDIC'l' IOIi r, SCGPE . . , , , . . . . , , 1. iAP','IiR I I . ITHHoLV1,N6 INIPrJj1i;MF,IS . . . , . . . , , . , 10 :iiAPrER III . i1ROC}'1DURH-S APPROVAL 'RUCcS: PUi.iCIES lb PAI;c 1 IT F7 t tka a, Article 3.01 General Overvitty of Review Process 16 " Article 3 , 02 Pra• DestgA COnfersnc4 Reccrossnded 17 Article 3 . 03 Annotation Policy . . . . . 1' Article 3 ,04 Zoning . . . . • . . . . . 19 Article 3 ,0S Preliminary Planning/Plats 19 Article 346 Final Deveioptwnt Review 4 Permit Procedures . , . . . . . • Article 3 . 07 Construction Phaie Procedural Requirements b Policies . . . . . . • 30 Article 3 ,04 Combined approval of Preliminary lat 3S 1 Lot at Record--Optional Procedure Article 3 . 09 Special Planned Development Zoning D stricts , . • . . . . . . 33 CHAPTER IV. C,BNsEA,kL DESIGN STANDARDS 4 IMPR04°ME\TS REQUIRBP . . . . . . . . . . 37 Article 4 . 01 Purpose ;7 Article 4 .02 '.uthority of the Developpment Review Committee to Recommend Standatds 4 Specifications . . . . . . . . . . . . 37 Article 4 .03 Streets Standards 6 Policy . . . . . . . . 38 Table I•Clty of Denton; Texas Summary of Recommended ThOrough£a.e ue3ign standards 42 Article 4. 04 Sidewalk Standards 4 Policy it Article 4.05 Median Standards . . . . . . . . . Article 4 , 06 Alleys . . 52 Article 4.07 water utilities standards . . . . . . . . 53 Article 4 . 08 Sewer Utility Standards 54 Article 4 ,09 Extensions of avatar 4 Sewer Mains . . . . 5 Article 4 , 10 Alternative Water 3 Sel.er r"acilitiss . . . Article 4 , 11 Utilities casemcnt Requirements o. Article i , 12 Electric , Gas, Cable Television , 4 Telephone Utility Standards . . . 03 Article 4 , 13 Underground Electrical U•ilit; Policy' 03 Article 4 . 14 Street Lights . . . . . . . . . . . . 64 Article 4 . 15 Drainage Requirements . . . . . . • . . . 05 Table It -Runoff Coefficient "C" ti8 Article 4 . 16 Lots, Common Areas & Facilities Article 4 , 17 Blocks . . . . . . . . . . . Article 4 . 18 Building Lines . . . . . . . . . . . . Article 4 , 19 Fire Lanes . . . . . . . . . . . Article 4 , Zu Monuments o Markers Article 4 . 11 Development on Exiscing Lots That ''.Nero Previously Approvea by the City '3 Article 4 . 22 Filing Fees . . . . . . , , . . . . . 'a iP ARTICLE 1 . 1.. GENERAL CHAPTER I r t PURPOSE AND I\T6,tiT Article 1 . 01 . Policy ,K . Land to be iUbdlYlded shall 7e Jt SUC:1 tnar3GCPT t73t it _an be used iaiely for building purposes xithout daniir to hC3i t'1 dr peril from fire , ti0od . Or )Glee 71en3Ze . i.Aild S�l3 : i rl;t ce subdivided And/ or 3evaloped until adequate cacllities and pruv..monts are provided . PAGE 35 5 M n ?c ., " w pit M� S „y s Y , a g. sxisting and propos*a land d*velopment isproveaents shall Conform and be properly related to the proposals , pollci*s shown In the affici&lly adopted Hester plans, sad *he capital improvement budget and program of the City of Denton, it is intend*d that these regulations supplement and facilitate the *nforcestei,t of the provisions And standards contained in building And housing codes, toning ordinances , 'bi£iclal .east*r plans, and Capital improv*ment budget and prograat of the municipality. Article 1 .,0:. purposes These regulations are adopted for the following purposes , A . To protect and provide for public health , safety , and general raifare of the community . e S. To guide the future jrowtn and development o£ tae municipality , in accordance with the 4ASter Plans , C . To guide public and private policy and action ir, providing adequate and 4iiilient transportation , water , sewerage , and other public and private requirements sad facilities . D, To establish reasonable standards of design and procedures for su'odivisons and resubdivislons ; to further tar orderly layout and use of land ; and to ensure proper legal descriptions and nonumdriting of subdivided land. E. To ensure that public or prlvste facilities are AVA11abli Ind .il1 . have a sufficient capacity to serve 'roposal aubd:vlsians and deveioptents wltnin the City , article 1 . 03 . Authority ; . These requiatlons are adoptea under the authority of the provisions of the Conititution and laws of tae .itats ?f °exas and Charter of the City ? f Denton. The ruIA s and reju l Atl :ni ;Quern t" t suodivision and development of lanl in the :orperate li,alts :f the i; ity Denton and mall govern t'ne subaivlsi ?n and :tvel.`Oment ?f land '.itnin Mile txtrA 'erritorlai ;Uf 15dl: : lJ:7 Jf tat . 1 t, of Demon Under krti': le )'Da i .A.. T . 3 , i 13 apt a noel , .:nOMn a3 the ',iunlclpal +.nrexatiol ACt . B . The Planning and :oning Comaission shall exor.is* the powet and authority to adaihistor standards established by this ordi once and review , approve , or disapprove plats And develop- tont plans for subdivision of land and for any drvetOpaent within tno corporate I i n i 0 a of the it uai : ipaIity ( or unincorpo- rated dTl areas of tna :ounty; whi,:h $now lots , blocks Or sites with or wathogt lard streets or nijhuays or any lot improvement activities a $ dafinad )y this ordinance . C . .A UpveI option t RA0vitw Committee is hereby established composad if not nora than saysn l7 ) :members . The . Lty .4anager is harahr auth0ritad to appoint the :nambdrs of the Development Review :ommitt*to ( DRC ) :omposod of key staff members involved is deveiopatent roviaw and assistance and to designate a chairperson of such : )inmitt0a , rhi :h chair pit rsoo sna11 ba responsible for coordinating and astabiianing cciamittae procedures The purpose iA to or )vida lentralitad techni:ai review of city dovaiopment :ay,Jlations and roll : : as ina ;roviaa :a+atrali:ed staff intirpratati )ns anu rec.:+ninandati)ni :a the Public Utilities 3oara , Planning and :onang C )mw iss ion , City Council and an.,r ?t: -ir is y 7,)ard char;ad . : th author i t Y for review and approva : . i :y . :;iiPTER SHORT TITLE This ,napttr ihal1 )e known and nay ;)e : iced ai tna den: Davelapmant :ode and 1t ihall 'oecome a part of the ;ode : f Ordinances of i :y of Denton , T:xas . CiHd.PTER III V.A.�t LaT I'J`i3 A , ku •hority ar : ataons ind nodlfi ati ;n,i )f r+tie ;ene, i reyv : r :men :i )rdinance Atii ;e nada by ha Punning and :o. .n •:Jram iiii >n '+hen , i .i , :s uo 3 m ii i ae faC .ln or.d : ti0ni Barra,,.: baC7 v-ar iatt,)n3 in:7 d0 not at td,. . ,;,e general ap7liCatVJ1 . . i r, irit '): :n3 : uiii and . eg413 ; V9ni , : r .lee 14aSter Plan )f t.10 : lty . The PIann ,nA and :Onin 13si ::1 j PA E 4 shall both* )udje In all cases regarding the application )i the following rules and rejulatlons . Advice and cooperAtlOn is offered and will always to jiVon by the Devolopeent Review Committee. In no case , however, shall tit• Commission )r Council grant such modifications unless it finds :hat all of the following conditions are satisfied : i . "hat the modifia4 proposal *ould c niora to the City ,Master Plans, 2 . That literal enforcement of a provision would result in an intone nardanip for :ne sevelopment of the ;uodivision . S . That l;ranting of a modification +ill not have: the etfeet of prdvdntinq the orderly subdivision of other Lind use in the area . a . That the riodification accomplishes the spirit and intent )i the standard. ( Evan though the modification may not meet the letter of the applicable standard, it proviads for a better 11 ro)eet desijn. For oxampla : the requirement for drainage piping in residential streets might -)e waived If the Jostgri maintains all oullding lines out of the 100•yaar fIdoo plain and the system is designed to provide detention qualities that ;help correct 4ownstr:am irainaje problems . } S . That the proo ism in question is not generally common to other properties in he : Sty. tf the problem standard in gad Itian s of general application to numerous orvpdrtias throughout the City , then the Planning and o011inj Commission is prohi01ted from gr :intiig such variance , out should instead ":commend in urdinanca change t0 the Clty Council . 6 . The actual peCaniary oust of dale io{:mdnt of the property snail o consideroc for moaiiicati )n of standards , That the 'riarasnlp must oe a physical nardship relating to t h a property itself as . IitInguisnt!a from a narishlp rdiatiag to conranlanC? , 1 , That the hardship must not r3 3 1I1t ir )m 'h? applicant ' s or property o%rnerIi own actions . 3 . pr do edurt The owner of m y roc: find ig, r1?v. i ini?r ::ties? rsgulations mail .icpiy : o Planning sir.: zoning onmiss : for a nardsnip vA; iAn'c: , 3L;C, appli;a : ail d;ac-nt property owners shill be lot e ; led 11) days : n advanc ? :A SCnddU: .'d hdari r 71 1a:Ca r94P1d 5C �%"vori n Pu:; . 1.. ^,earing she ?',anninj and :oninJ ;inmiSSian Pkk;E 3 determination , A doternllnatton to grant a varianC• must be "ade by a ,majority of aifirastive votes of tills Planning and Loning Commission. Denial of a variance shall be final unl4ss appealed to the City Council for final decision . Discretion of the Planning and Toning commission and the pity Council in the applicati )n of these standards is also provided through a planned develdpment zoning procedurt , waich shall take precedent over rile above variance procedure . CHAPTER IV . DEFI.VIIONo Article 4 ,41 . Rules far Definition For the purpose of this♦ ordinance , the following rules shall bls applied in constructing , interpreting , cr otherwise defining the tsr:as and provisions hereof : A. 'lords used in the present tansy shall include the future , word,, used i1 the singular numoer 6hal . include the plvr11 lumber , and �gor1s -)sed in ins plural shall include -hd Ain;lular , a. The word "shah" is nandaeur) Ind the word ".'nay" is pefm1531Ve C , The phrase "used for" Shall include the pnraiii , "Irranjed for , " " 1?. .y�aa1 . . , ,' " ln t ndad :,)r , Ind. "oC up led for , " and Shall app:; exciusivalp to pnyiicai uses . Art iLie a .02 . De> initioit s 'or the purposa . f .ils ) rainanca , cartain xord3 or tar S i. a'ni ? ner: ta are defined ii he reinaftar prrr/ i i ed . tl ?rdi and term S 'J3e0 , but no deffined , :R th1S dralnal-a Shall na-;e :he neaninj3 a3Cr1 ^ed tneCa :o in the Jrt1pY?19n3: ve : )n : Ii ance of :.,a . . .a ?9s . n 31 roan :I $ tre.1 4'a3 . jnau _r :r,? spacial r :ommodat :on ) f *.na propzr :, : t raaohas , sea not 1.1, head TOf j'.1?tal : C'a'!31 r JCIId r 41 aCJa3j . .�ota33? , '';raij : 7a at;C?3j ? 111:: 1 lice a 4i L-1 11 J oUUn:i:fir;/ and ai5 ) ilclu(1 lnj , if fir." , nr: 'aali ) C the rIji}E • )f•''a;/ :) f IJuttiIj pUh11•: tai c, u4nfare and , L 31v , on'3• ha. o [ :13 area ]dJaCdi7t puolic open ipa,, or irainaj +sys r)vtaell :hat t.1e Iax1 -,,um v abutting ere& that may be included is the area within 100 feet of said boundary line , Acireajj, Net : The Acreage included within the boundary line of a particular subdivision , tract, parcel , lot , " etc , out excluding all public ways, Apotal : A request for a review of the Development Review Committee or city board ' s and cor!nisslon' s Interpretation of in, provision 6f this chapter or a request for a variance , Area Jf Shallow Flooding : A designatac AU Bona on a community ' s flood insurance rata nap ( FIRM) with oase flood depths iron one (1 ) to three IS ) feet . This condition occurs where a clearly defined channel does not -just , where the ;nth of flooding is unpredictable and indeterminate , and where velocity flow may be evident . Averate Current Cost ; Tine cost per foot aetaraIned periodically , but no Less than annually , by the Publi; Utillt ;as Board of the City based 'opon a; tual ,onttructlon costs of water and , separately , sewer mains In the City of Denton , :onsidert.ig all a;opur ten ant:es thereto and needed therefore , during the period preceding such determination, and na*.heM3ti: all averaging same and dividing by the number uE feet : .nstrue ; ed under such contracts 0 r eater ana for ianitary iawdrs , ,area of ihallow FIoodinI Hazard : The land in the fiaodpla ! n within a community subject to s i percent ur greu:ar cham:e of flooding in any given year . Appli :an: : the owner of Land proposed :o :e ivadi-II at! nis - 3oresantatIve , Con sant $hail oa required fr ):a .ha '. e; al owner of :he premises , 3u 1i . Td 9r:: t , :Jn,ierfi aaIir;e rec1:i55truCt , aiC° C a bUllding VC iLrU: t'Jr? ?;JIIZI n A. i t r u I lj :n 1 :uIiC :r 7iie i She it:r , Jr CIl�: iJsUre 0: per5:!lSi an i,na15 , matt° 15 , pr :,er :. ') f an,., x Ind . 3ui I'd iZ3 Line ; ine 2sta ! i1 3i1 al oeyonu rhi :.t no pars a p?.��E b411d1ad shall project , except as otherwise pr,>vtded in the toning ordinance , 34 se Ploodi The flood "having a t percent chance of being equaled or exceeded in any riven year , CA : The product of the runoff eooffieIant and the dramaie area in acres , Cive : The Ctty of "nton, Texas , Commission The Planning and :oning Commission of the Cirr . Committee ; The Development :Review Committee ( ORC ) . CounciI : T''.! City Council of tae City, Developar: A ;eneral term including all parsons , firms and corporations developing , building or using land for any purpose e other than one single- family residence , and the term shall expressly include suodividers of residential and nonrestoential property. Development : Any man-made mange to improved or uniapr>tied real estate , m:iva ' 1; 671t not 1011tdd tJ bulldings Jr structures , ,ntning , dredging , fillin3 , grading , paving , utility installation , txcavatiuft or drIilin; operations ( also see 1 improvement ) . G Flood Hazard Boundary flap , FHB%1 a.n official nap a j communit'r , issued by the Federal Insurance ,1umi,iistration , '.hers the areas within the boundarids )t special flood hazards lave l been deslgnatid as :one � . F ood Insurance Rate )Iao ; :I 3,H ) ; An official nap i community , on which the Federal Insuranca :ldmintstration .,ai Ia1ine.atad both tree areas of special flood hazards anu :nd . . . premiim tones applilable to the conmunit), " l ;od insuranc Stud ad )fficial raper : pr )'rided Federal Insurance Ad.ninistration. 1ne raper *. curtains l .o ] P 0i 11 a5 , :n at9r 3 u C f1Ca a1 --,to in Jf Lile 715: C '. , .4 , 1 +L 11 ii Ltd fI )o,1 hazard o Unda r:e Cio.,uA a Ta,') . :Jo�luI ain : The at ea 9(A tsL :a :he 1 )0,17ld'f 'dA1, 5 u b 1-i to inunda n by :na rag Ula to C'r flOdd , rnli ICd,i _ deli ;hated by FP . Fro n ; That side of a lot, parcel , or tract abutting a street right •of- way and ordinarily rejarded as the frontal orientation of the lot. Lot : A tract, plot , or portion of a subdivision or other parcel of land Imttlnded as a unit for the pu;pasa , '4h*th1d r Immediate or future , for transfer of o,norship or for build ,nj development . Lot of 3ecord; A lot which is part of s subdivision , the plat of which has been recorded in the office of - a• ':o UZI t;' t Clock of Denton County or a parcel of land wh V. been approved as a lot pursuant to the rayuirtmorits )i ordinance I by the City and filed with the City as an approved tot of record. A lot or any Interest therein, which is not Fart of a e recordable subdivision 'out which Is filed with the City as in approved lot shall not be titled nor conveyed by reftrtlnce t ) i i lot number , .ot Improyem-At : Any ouIIa Ing , itI ucturtl , Bark 3r : I, r tither object , or inprovements of the land oil which they ire i i SrS iituated whether immediate ar f'ature hi.n Ineludai strad ; s , ry' al ley i , utIIIt its , drainage •Tiodifications , access 10difICA ; 1 )^s i including curb cuts and other si.nilar act ill lt101 -07i red lie$10 regulations , Lot improvements ihel3de offs I a -or.% ac4l)nplisneii for the betterment of removsd building lots . Master Plan : Those plans adopted ny the Council is i to the systematic physical development of the City , Owner : An all inclusive tarn denoting the ;Jerion , f1rm, :orporatIon or par the rsnip wIt;1 prIiary respoasioility towur1 she cy to iee that these subdivision rules and regui1tI )„s 3n,: ) rdinancei or the : i:;r ire Complied , i ;.h , hd person , firm , :o-poratIJn , : artnership Jr agant , 3 ; tJrnev - 1 . �1: C , Manager Jr 3lrectOr , 7:4oiope r , '!o Va l4pdr ' 3 : ;rl 3: : )ri including en; ineer , ou ildar , ^fanner , d : , inch :erm I j e” �Illr one re 11 al'days inc I foes Und 110ri J : :hd 300'/e who 31l 9r i �4 Jn}' part ) f the 'Lind NnIGh Ii o 11 t empla ted t0 ')o de'ie lop O'S . -; � , j a 17 7 l P14nn•d Unit Otvelooaeg; ; A soniny concept which allows flexibility in dwelling types, arrangement , lot sizes , and common open space as exceptions to normal development standards, based on an approved Final Development Plan . Public lu rovementr Any drainage ditch , roadw,av , parkway , sidewalk, padestrllnw4y , true , lawn , off-street parklnx area , lot improvement , or other facility for which the local government may ultimately assume the responsibility for aaintenance and operation , or which may effect an improvement or for which local government responsioility is established . Resubdivisionr A Change in a nip of an approved or recorded subdivision plat if sucn change affects ary itroet layout on such .map or area reserved therson for public Jse , or any lot line or if it affects any map or plan lsgdlly recorued prior to the adoption of any regulations controlling subd4visions . RiAnt-of•'nayc A strip of land occupiou o� intended to he occupied b% a street , crosswal k , railroad , road , electri . transmission line , oil or gas pipeline , water inain , sanitary or storm sewer main , or for another special use . T,ia usage of the term "right-of-way" for I and pIAtting purposes shall mean : hat every right-of-way hereafter established us shown an a final plat is to be separate and distinct from the lots or panels adjolnind such rlght•of^way and not included within : e dimensIons or areas )i such lets or parcai : . Rights •of •+ay inta rid ad for straets , Crosswalks , 'dater mains , sanitary sewers , storm drains , or any other use invnl '/ing maintenance by :r puoiit aq•aricy sha11 ;e dedidated to public use by the maker a: :ne ?: ; ; on �rnici sucn riaht•of •'way is estaolisheo , �oeciai -. ir.umstanc- i ; , in regiri to utility e.t ¢ensiuns . Only tnose areas ,,nee 'dater ), i ewe r is deelll' .' nece3iary 3110 the applitatI 4f any Qener3l C'Jld fVr e%tdnSlJ6 shall tau,e J ourden and c )3t ", onsi,lerably greater than 'shat ,oul.i )e n'Jrmally incurred due to aie particular t')pogriph;/ )r unusual s.",a p3 J: the partl. ular lot lr tr3Ct ln'v�)Ived . P 61i 10 Subdivider , Any person who 1) having in interest in land , Pauses it, directly or indirectly , to be divided into a stj W i v i a i o a or who I r is c t I y or indirectly , sells , lsa s o s o a r develops , or offers to "sell , lease , or develop , or advertises for sale , lease , or development , any interest , lot , parcel site Lmi '. , or plAt in a subdivksion , or , oho ( 3 ) 4mixies directly or tarough in ajont in the *usinoss of iolilrq , leasing , develop- ing , or offerLnj for sale , lease , or development a subdivision or any i n t e r e s t, l o t , Parcel s i t e , unit or plat in a suodivislon , and who ( 4 ) is directly or indirectly controlled by , o v under d i r sc t or indirect common control by any of tint foregoing , Subdivision: t.ny land, vacant or improved , 4hich is hereafter divided In two or more parts for tlie purpose ) f layin; out Any subdivision of Any tract of land or any addition to any town or city , or for laying out suburttan lots or building lots , :r any lots , And 4 t r d 0 t 9 , Allt)'S 07 :)A rK 5 Jr Jther P 0 C 'r,$ intended e>r public use , or thd use of pur :h.13ers or owrar3 lots fronting trarson or jd ).Acent thereto ihall cause a plat to :)e made thereof . Ila r i Inc e 1 A ;rant of relief to i r-arson from the reqljire- itn t s of this o r A 4 ftu nac e ,hen ipez i f i c en-'o r:t!md ri t could r-s j! t in unnecais4ry Hardship . A v a r i a n c e , therefore , P 4 r-n I s construction L)r daval )pmant in I tanner otharmi 3a pro)ioittQ the srdinancd . CAAPTEy I AUTHORiTti Ar ' i-'Ii 1 . ) 1 . Jur isd i ti )n yV : 3CIJn3 1 11 j o /e on . any i a Li ever;/ pt'r io rt 1 : :: , �r o r a t i N rk r 3 1 A i a t k ft ow r,I I; An t-A,-. land A I t I 1.1 t n P :ter Tor ata ii,nl t9 of tilt' i: ty of Damon )r Iti Jr i 3� i : 1')n A(I-) T1 a V Id r 0 J -'t ti i '., L J e the i A,i e ill t'A o Jr 1- i? r t.j e P ij r 1)0 5 a of Jy j n U t any S J'j OU i 11 1 5 )n of i tract P of land or any addition to any town or ity , or for laying out suburban lots or buildins lots , or any lots , and street$ , alleys or parks or other portion$ intended for public use , or the use of purchasers or owners of lots fronting thereon or adjacent thereto shall cause a plat to be -wade thereof . Article 1 , 02 . Scope of yegulations The scope of these regulations shall include rules toverning plats , plans , subdivisions and development of land within the City of Denton , Texas and its legally daflnod extra territorial jurisdictlon including Certain deflnitions ; providing % ncodures for the approval of subdivision plats ; prescribing regula . ions for the design and construction of streets , sidewalfis , allays , water and sanitary sewage vtilitias , drainage and community fa,clIJ tits , in conjunction with immediate or futura aevelopment upon that property . Article 1 . 03 , Development Standards and Require,l,ents in the extra-Territorial .'uriadiction All major development areas in the Vj ;ill oe reviewed for posaiile annexation as requirsd yy the annexation policy subsection 3 . 03 . If after the study the area 14 not annexed then the county construction Standards +gill apply unlesa specifically noted otherr,ise in the following list : 1, . Water and sewer standards 3 . plat processing tdccumen : review , recoruing and itne•al City plan :onformance , location and dimensions out not construction standards wnicn shall )e According to runt , standards. ') article I . ul . .approval Reoulred .niess and until any 3ucr, plan , plat Jr rep Ii sna: i uva baen first appr1) in the rn3nnar 1;111 )y the Ant )r ; t : :i rovtded for in *4 ii ordinance it 3n a 11 ae unI I'm f .;: r ,va covered sail plan , plat >; r10' A: for Any I t0 !CY5'e )r zJnnec : Sala land , Jr .ins part thereof , ')r ! )r L7' Use Of tie 'J'e n:rs ,r pur Jnaiers 9f 3A id nd , Jr An;/ Jar . ther e0f , 'wiCh any p lib IIC Utl1itieA sUln 75 '4A ter , 3ewerS , 1l silt , i pdiic l ' T �. a gas , etc , which say be owned , controlled or contributed by the City. No inproveaents %hail be initiated , nor contracts ezeeUted until the approval of the City has been given , Olsapproval of a Final Plat by the City shall be deamed a reiusal by the City to i accept the offered dedications shown thereon. Approval of a Final plat shall not be deemed an acceptance of the proposed dedications and shall not impose any duty upon the City -oncerning the maintenance 4r improvement ) C any Such dddiCatsd parts until the proper autnoritids of the City have both liven t their oiritten acceptance of the improvitments and have actually appropriated the same by entry , use , or improvements . CHAPTER 11 . PROCEDURES FOR SUBSIlSS1O,N AND APPROVAL, ` Artielo 2 , 01 , Preliminary Plat and Plans t The devel:per is required to suomit a preliminary plat and plans of the subdivision to the Cl:y of Denton , Suomi [tal 3ha11 inciuda an application requesting{ review and the required filing fees . The purpose of the submittal i3 to aLlaw the Planning and toning Comm i1sion to review overall p! AttLng if td tract , '.racer and 3ewtr service , aid street patterns • ltn In the 3ubll l vl3 iOn for conformance with the requirements of tho Clt; tt also provides the I� ity an opportunity to make pr elilninary Istimacds of any City _;articlpation that ,nay de req,Airell in street and utility _osts in the Subdivision , The requirements for such submittal a n o review A;a the 3am,� 33 outlined .n .::acid tit , Chap[er tit . �rtt ld • . J . Final Pia [ And Plans Plat And Plans ,Review Procddure Thd 3dYeiJpdr Or. Ii3 9114ineer 3nali 3+Jbmit *ne figal plat Anu complete .: )nitructi )a plans to :he ? 13nn: ny .And Community Dena - 1 )pnent Jepar 'ment rAr review , Suomi rag shall intlAda an appli • CatlJn regUd3til9 iaview and payment )f Ae 1 d tlila; ie93 . The requirements for such submittal and rvvier are the same as outlined in Article III , Chapter III . .A t ele 2 . 03 . Piling of Plat After approval of the final plat by the Planning and :onini Commission as outlined in Article ill , the developer ar ,pis enjin w small submit to the Planning and Community Development Department the required number of copies for fllins xitn the County Clerk, These copies shall bear all signatures out those of the : icy oeflcials . fter siinatur• by these dity aeiizials , the developer or his on$ ineer must co,. plata tno oiling process and return the required number of filed copies to the Planning and Community Development department. laid copies snail show the volume and page of the Nlap and Plat Z+cords into xnich tna plat was filed by the County Clerk. Article 2 , 104 . Subdivision Construction The roquirarients for construction permit and subsequent procedures are the same as outlined to Arti: 13 lit . Article 2. )5 . Acceptance of the Subdivision The requirements for such ic:eptanca lea the sane as outlined in Article tit . Article 2 .06 . uen0ral Devefopmen*. 241IJirdr.e0,t5 A11 development requirements shall be the sane is outlineu i in Article ill . Article 1 . 07 . 7eplat Procedure A. A public hearing is raquired on ,iii peelers »non 'Ile Previous plat is not vacated , ;'llcati )r, ; s In Ilter,I atI "e procedure that does not require puoiic he , ring �. le the prCVloui plat is not vacated anu toe a:el _ CJCOidG .- or replittin; »as toned cot residential use c. r rot more t;;an txo residential ,nits pe: l )t ur .lend reil: r tzd cop suma »l thin preceding five yiursl , then .na `oilJ»1..^.y' required ; : . `oti : I )6 ?lanninii and an; ng ;li _ sl )n ar govern y 'ocdvl : ): a ?uoiic i.Oa a; °w et be published f n ( 1S ) days io aovvance ne the hearing . 7.aii'r. 11 � '•^l'�.i� n � rU ��� 1. � �.„ ����. �� � }l� ' X11' ten. . av �I 2 . Written notice of the public hearing oust be forwarded to the owners of 611 lots in the Immediate preceding plat at least `fifteeu ( 15 ) days prior to the heai ;*81 however, if the preceding plat contains more than one hundred ( 100) lots, the notice shall be mailed to those owners within five hundred ( S00 ) feet of the parcel to be replatted. S . If 30 percent or more of the owners of lots in the previous plat file a written protest.. the Planning and Zoning Commission or governing body shall require the written approval of 66 "I'S percent of the owners of all lots In such plot or the owners of all lots in such plat within five hundred ( 500 ) feet of the property to be replatted if the preceding plat contains -nor* than one hundred ( 100 ) lots , s . All replats of single family lots shall also include a courtesy notice to all residents within 200 feet of the proposed replat without regard to whether such persons reside within the boundaries of the existing plat , Such notice shill oe Iit addition to notification requirements imposed by statute ; provided , however , failure to comply with such additional notification requirements shall not aifect the validity of the replat proceedings . S . All replats shall be first presented tc the Planning and toning Commission for its recommendation to the City Council for final action. C . The above procedures are mot raquirad when the so13 purpose of the plat is to correct errors. ARTICLE III . LAND DE75LOPMEN'T PROCEDURES AND PERMIT REGULATION:. CHAPTER I . JURISDICTION AND SCOPE The following regulations cover all lands within the Cat; Extra-rerritorlil Jurisdiction which are being prepared whet;Ier immediate or in the future for development by reason of . :al constructi )n , utility :onstruction or sarvice request , drat „ag: notification , bu :lijng pewit request or )tiler si.nnlar devel)pnent and 1i: imp r ovt neat aCtivitiee -o:'t!r ed regulations , These regulations n >t .over lose for dhicli A :uild :.lg permit is r^quest ad in agricultural toning distri_ ts accessory ouiiding construction ; Provided :not such ouiidcn; :onatrVCtion does milt require additional road ac.e93 or iiicr:35e 7AliE 1 m; traffic on such roads, does not require additional utility service , does not require drainage road I (Ica tLon, does not require additional curb cuts or other similar development activities covered by these reyulatiohs . CHAMR 1 I , 41THHOLDING IMPROVBaBNTS It shall he the policy of the C ►ty to withhold all elty improvements , including the maintenance of strsets and the furnishing of sewage taeilities and water service , from ail developments that haws not been officially approved accordin3 to these re;ulations . No improvements should be tnitiated , no contracts executed until the approval of the City has been ; i :sn . CHAPTER III , PROCEDURES AND APPROVAL PROCESS ; POLICIES :article 3 . 31 . General Ovdrvisw of Review Process In order to allow orderly proces, ing of a proposed davalap- ment , the procaduros 4iscus3ad in the follorin3 sections shill be used . the ;tops for approval shall include ; A . Pre-design cgnfdrence 'with Devalooment Review Committee . f (;onferenee may be required. ) 3. Annexation by the Clty Council ( if ipplicable ) . C. Zoning by tiie Planning and :onin; Commissian and the Council . i D, Approval of tila preliminary plat Ind pr.; ininary r engineering plans >y the planning in Sort ing Coiamisslon inn � : t ,, Council . Approval If a ;enaral dev:lopment plan far lir;e traits may also be required oy Planning and Zoning Commission . E . .approval of the final angintoring ?labs ;v the : sty En; i:Ieer . F . .Approval of the floes lot of recori and insineev..:n; p1a,;.; by tha Planning and :oning Commission . G . Exdcution of davel.)pmont ;:ontract .ii iurnisneu ov Engineer °, )ptirnal ) : H . Recor'ilh; 9f 311 e.xecu,",1 :asamahti , jadI,I)na Ida > thCr dOC untents req 17 trod And , li a s1abd lvisi ,)n is ^.d PAGC 15 p I. herein , fi I in of Approved plat oltA the D*nt4l I'Ourty C *Ork, I . Letter from the n.airperson of she Dgvgiapaent Review Comittee tiat all approvals Art 40apittd . J . Latter to start :OngtrQction from tut Cit. Inj ineer . ' Pr1-COmstr4ctlon 'till o* re4wirod . ; . 0 ra P 14 t 10 n n s t ru c t o n Ana acceptance f all ;aproytmerits ?y the : i :y -�nj ; ndtr , L . a f i n a i Lot i,sc)r7 1 f - )n t r aN: .)pt )n not taken . ( it* stop G . ) Art 14 iq Pro-DeiLift C'mftrVncd P r i o r to the f 1 1 i n of any plans , p l a t s r proposed developments , an a p p I i :a n t inal n 4 u I t Wlt1i t ne -)e -,'j I k)pmo n Review Committee , unless speCif Aliv A3 I"Od OY 'A40 UdVel,)PmOftt I,j v t w Committed C ha I ria n Art . "Le 5 . 03 . Annexat ton Po L ic", It s tne j e n*r a I p o I i z y of the e Benton *.o a s s e s s on a :J 38 - 0, is* .043 : 3 t hl# I TIA I X It I A 3 SJS in t"14 d A t a - :err It'; a r aid t I ;.-I Men 5 1 t l:ant 3Ctit : pme I t s a pr,:)pO!;ed )c:: urr in; , 3r iL<aiy tL) )c:,.jr tie near tuzurj wrien dnnexj '. '.Jri Int i for i a t i nj stud,, a I o p n e n t i v t! r fivI t S or )Pmen' 3 v-r one I d or I li area Wntra the i t n 3 1 xCeo"15 Jn I t s p1Y sq U.1 re -a )r area 7 . >.n development or t h.j n i g.)t il a V I a 3 1 L Z ,;I Ij 00 0 ".Ae -I L L'. I'i d n 3'A t [1) il..11 ie,.-Js ; r 'jti . zi ;n , 31r : . `EEC Or ,1a I 'L n a a r:s I i a 3:j a pmen c I S L nq I at i )11 . ,I r q i W 3[l'l 3 �1': 7777777777r77, consia+ratton of tn+ annexation of logical planning arose around tns area of Initial concern. Guidolin+s for Scrips of study In studying the duostioas of aheth+r or not an area should 4e snnexod , the following criteria shall bo consld+red at a minimum : tjuid+ linos for scope of study ) i . P'h+ ability of the City to furnish normal urban services *qual to other compArabl+ arias inside the city limits . . .Note: water and sour system wapabliities ire considered , Tut linos for individual areas are rlurnally not city financial responsibility. ) 3. T'ho reliabiilty , capacity aria future public cost llf a:iy 'r of current and planned provisions iur community facilities suc;t as roads , utiiitios , etc . lPr1Vatd facilities 4111 Je :ons14orod . ) Fhd need And quality of land use sad 0: la :ng controls . (Private controls '+ill be considarad. ; D . Impact on the Cit±' , -)Oth cvrr?n: in ng 3r.; a , Including at a minimum . 1 . Fiscal cost and benefits ; : . i."3ffiCl Infrastructure Of r -3,2 3 A II ti :s 1"A ocher community facilities ; 1 . Safecv ar healcb ' i . Building;development quality ; o . .Aestnetin qual : ty ; and i 7 , Community character . z . Conformance alth or nets : ) ensure :oniorndnc? ', it,l tie Off i:tally adopted 'da3ter Vlana of cnn Clty . if , Ifter preliminary Stud , :he love :r . .?r :3 .ndL i need t.) consider annexation in order to pr,)mot: Jr U o;?: t . .e puoI i:ntd r?3t , :ne6 '-ne C Vii : . 1f11 : 13C8 [J r'.131 pf )•.i-!,Y 1:1g3 LJ :)n3iaer :ht 3nne(.1 t r, ,i L'a5Clon :n - et3 . . 1 pr )oert + in tae Ir 13 : )nt ' 001}5 t6 an.a. i.19 )�Aner Jt ieii.".i .Adt l : ;9 ir,nex: : �a. iC l7 3117 In 4u&jjji*d to receive city services when avallao44 4nd to be Afforded :Onins Protection, the owner 26Y petition the City for tAnexationo 3 , Study And AlAnex6ti011 Procoduro A. Used 4POM guid*l ift4s ior ini tiAting study (Sect ion L the staff is required to initiate a preliminary 1$S4$JM*nt le Z A 0 ar4s for possible Annox&CLOn. 3. The results of tn4 prelixiiary assessment Are presented �a i T 0 uAc i 1 4 -' 1 the City Council As a work $*SSOft NIO CitY review ohs study results And )tntr information And nah* A detara� rtation iih4ther or riot formal stud>, and public hearings ind annexation procs*dinjs should ad ini � lat*j - C . If for-nal pu�liz hearings are i a i t i3ted the PlAnninj a.1 A. Zoning Commission Is to review the annexation study and j. recommenaation to t�ie C �ty I.Ouncil , then t �ant �4tsr all D. The i tv 1.4oun,: L I will and pi4blic . omm*nt during the proscriDed plibliz lelt �N i ;r-ise and make uet*rmiAat ion wnathor or hot t in% t iate . , — annexation proceedinj , , S. Formal annexation proceadinji ac4z�mpLishe,4 I P . City Council -nake final dettrtination . Arti .-le 3 ,04 , :oning le tne property is not Ion-sd is r�quirdd f��r tha subdiviiiono permanent " Oninj shall oe r*questei . izor zoning includes zampieti �n )-.* appliat � ,�n ijr-ns , required fi�es, and on i nj J rai nanc t And -ha r ui*i In4 r t-ju I a )ns �)i th' Cit:/ ; s.t! pol ic its may from til'Is .0 ti.116 �e pa4ied �)r llena-�d k r t � :I e ', . -1 5 , P r.3 1 1 n i ,a r L a n,,i n 4,, '?L a t P r e im in a r v p I a 13 A r 0 n I t '�I L" e V 1 d a a 1 .1 P 9 1 r �.)r i r t i ag i e ta i 1 e n 4 In r i.14 �ei t 'I i P P ro v.j, t or k�1 M"na ry plans a ss ur� s 0 j f e n C Z! Inj I is L t r a- J n i s -i I-j L r,!,; ? - t w 'r-15 a A t!r a 1 0 e 1 P-n a I t F An ia�l i:Aa "i r. "5 .! 3"�^ ,^f" m d �' q8 v The following describes when each type of plan will " utiltted, A. 641ner4i Developsent Plan When a development is a portion of a large tract under one ownership or is to be developed in phales , the developer may to required to submit a General Development Plan for review And approval by the Planning and Zoaing Commission. This plan should include the portion to be first dcvsl�oped and , if so done , will constitute the preli.-Criary plan for such section . The section to be first developed will require inioraation As detailed in the preliminary plan requirements camprisinq 3 . )5 13i . when appropriate or if required by the Planninj and .om its Commission , more titan one tract or subdivision tav oe irnciuded within the General Plan . II The purpose of the Cameral Development Plan is to Allow the i Planning and zoning Commission to review proposed ia; cr thoroughfare and :ollector street patterns , land use , And t.1e { relationship to Adjoininj subdivisions or properties . A General Development Plan shall be construed to be a 3etailing of the Comprehensive Plan. The followin; guidelines s;,hall be SUCK a plan will be required : 1 . when a development is A portion of a larjar tract under one ownership. 1 . .i proposed subdivision is to be deveiapea in phasts . 3 . When offAite road , drainage , or utility connections have major alternative possibilities . 4 . when a proposed iovelopmsnt ' s roads , Drainage , utilities or other suen improvements nave a major impact on adjacent or nearby private or public properties . S . 'K hen the impact of offsite road3 , :r3ina;e , utilities or other such improvements Cannot oa determined by a li.nited area plan . Information Rtqu :red on General Development tan The followin; information is rtquireo on ail Genera : Development Plans submitted amass sawed ny t:Ie uarela Review :,ommi ;tee . k I. The study shall show the nasal of adjacent subdivi, alone or the names of owners at record of Ad)oiniag parcels of unwbdivided land. Z. The study shall contain the existins toning on ` adjoining and, the location, width, and names of all oxitting or platted streets or other Dpubuc ways within or ad}scent to Cho tract , 41 sting pornaneat buildingal railroad rights-of-way ; tope• fraphY, existing utilities and other important eatures such as political subdivision or dorporste limits and school district boundaries. 3 . The study shall show the layout and width of proposed thoroughfares And collector streets. a . The study shall show the proposed land uses by area and with a tabulation summary of acres , density and populations. S . The study shall provide a location map showing location of tract by reference to existing streets or highways. S. Preliminary Plans (or Plats ) A Preliminary Plan is required for all proposed subdivisions , lot improvements and developments within the City and ETJ in order to provide the City with the preliminary plans ror the development. The Preliminary Plan review is intended to produce a subdivision design in whim all community planning tatters ' hay bean recognised and reconciled, Compared to a ,eneral 61 s Plan , it provides more detail such ai 1-5tting layout , resijen• f t :al itriets , drainage pdtte 'n , etc „ 5ut not tle detail of 3 f Final Plan , in which anglneering requirements of dimensional F precision art the major objective , lnformacion Required on Preliminary Plan I. or Plat ) e On one ar more drawings the following lniormation is to oe provided unless specifically Waived b,v the Development Revie, i Committee : i 1 . Scale The Preliminary Plat shall be drawn to a soil ! : 1" + 100 ' or 1" 50' except that Under special conditions a smaller or larger scat: lay )a accepted when prior approval o; the Detialooment ltviiw Committee Chairman has 'seen obt,llned , )Wnership and identification a ) Name the subdivi,ier developer , recori nwnnr , and land planner , engineer , or sure.;;nor . b ) ?r )posei name ) f tha subdivision or lot of record, PACE : l u s c ) Location 'of development by city , ' county and State, 4 ) Key gap showing location of tract by reference to existing streets or highways , e ) Date of preparation, scale of plat and north arrow , f) Development b+)un4ary lines , indicated by heavy lines , and the computed acreage of the development , g ) dame of the owners of contiguous parce } s of unsubdivided land, the names of contiguous subdivisians , and the lot patterns of these subdivisions shown by dotted or dashed lines . h ) Location of city limit lines and/or the outer border of the City ' s extra- territorial Jurisdiction as provided by the City if they traverse the subdivision or form part of the boundary of the subdivision or are contiguous to such boundary . • 3 , Existing Conditions a ) The location , dimensions, name , and descripticn of all existing or recorded puolie and privats right-of-way , inel;ding easements , within the subdivision a we l ; as those intersecting or :ontijuous with its boundaries or forming ouch bo+lndaries . b) The location, dimensions , identification or name of all existing or recorded residential lots, parks , and public areas within the subdivisions. c ) Permanent structures and uses within the suodivi- sion including location of nouses , barns , walls , wells , tanks and other signiftcant features that wi11 remain. A ) The location , dimensions , aid s�:ription , And flow line of oxistin; drainage itructurei and the locatOn flow line and flood plain is defined o the appropriate study of exiiting iatdr courses within the subdivision. a) Utilities on the tract , specifying site of lines and those which are transmission lines . i ) Topography shown by contour lines on a oasis of a two- foot vertical interval If such in interval ii not available , a five- fo:)t interval is acceptabla . ; J if tnere is no aajacant iuodivis ion , a yap on , small scald ;hall be in�, iuded witn tna Preliminary Plan , and oriented the same way , t ) snow the daaresr. subdivision in each iirdction; it shall shoo 'low the streets or ai;nwa%s in tae subdivision plan submitted nay : .)nnec: t,a t no S in tna nearest 3uadIv15 r) if i41I;h :Jnnections of id: t t11e iu0divislUn ads :gn . G 4 PAGE : : 7 �;7IIT"PWWMI31� M O 4 , Proposed Layout at in topography vertical a ) contour proposed ch&a contour kin$$ on a tests Of & t%O-94st vertical intervals sinless otherwise Specified by the City Engineer. b) The locations dimensions, description, stid purpose of All proposed Alloys , dtainaso ways parks , open spaces , other public areas , reservations , ♦&$*Monts, or other right-of-way, and blocks , lots and other sites within the subdivision that significantly Affect the overall subdivision design , c) A nusioser or letter to identify each lot or site and each block. d) Data specifying the gross area of the subdivision, the proposed number of residential lots , the area in residential use, the Approximate area in parks , and the area in other non-residential uses. o ) identification all existing zoning districts. f) Show the location and size of water and sanitary sewer mains which will be roq4irqd to ensure adequate service and fire protection to the lots specified in such proposed development or subdivision nloss waived by the Development Review Committee. J ) A "preliminary drainage study" is to be submitted concurrent with the submittal of any Preliminary Plan to the City , unless expressly waived by the Development Review Committee . The study shall include a drainage area map designating drainage areas and summary of caicu. lation of sufficient detail to assess preliminary sizing of major drainage facilities . Also all areas outside of drainage easements or street right-of-way that will be inundated by the WO year flood shall be shown, C. Procedure for Preliminary Plan and (ioneral Plan Processing L . Pre•design Conference . A pre­ iesign conference with the Development Review Committee is required unless expressly a i ved by the C "Inrl L t t e e Chairperson. 2 . Submittal , Ap lication and fifteen 05 ) copies of necessary plans and supporting uocoments shall be submitted to the Planning and Community Deve . jopment Department at least tan ( 1u ) morking days to the regularly scheduled Planning and �o ,o,ing Commission meeting . A copy of the pro- cessing and ieetin3 schedule shall be approved by the lanning and onin4 Commission and filed in the " .anning and Community Development Department and ith the City Sec-, etar)' - Total review and processing timF3 by the Planning and Zoning Comy, mission snail not oe more than t,iirty l30 ) days . PAGE 23 W .�f°.P'yfi IR= s?xx < .T7tn n. •�L+.:r'a n �L�F.tf n7�i'•*c� fMS� s,v n, 5"i � . �e .�'3.� 1� -aw .gyp + i S . Schodule of Pool, Lifts of fees approved by the City Council shall be on file with the Direetor of Planning and Coms►unity Oevplopilent. tr' No rtaubmittal Eve shall be required when action (r is directed (roa the Commission for further study and the resubmittal is made 'within six ( 4 ) months of original submission. ua ;. 1 , Ten ( 10) days prior to the reg�lularly scheduled Planning and »onin Commission ak"tin$ , a s courtesy notice to all abutting props-tv owners f shall by given by the Planning and Community Development Department for plans over an* hundred ( 100 ) acres . S . The staff Development xoview Committee The DRC shill review the plans and make a report of their findings for forwarding to the P-. ,ning and Zoning Commission. The applicant a 11 :e Afforded an opportunity to moot with tno Cos- aLttae and discuss the report ' s prelir,inar- conclusions prior to the drafting of the Committee ' s final report . 8 . The Planning and ;oning Commission at a regularly scheduled meeting shall review the plans and sake its recomtasndation, 7 . The Preliminary Plan, including All conaitional requirements , shall then be placed on the agenda of the City Council for final sctl�n . D. Approval Time Approval of the Preliminary Plan andior Ganaral ?Ian ina: l expire after a period of twenty-four ( 31 ) months fro the late of approval unless a Lot of ,lecord tias been submitteu on di . )r part of the Preliminary or vanerAl plan; the Lot '>f ;.4ecocd suomission wi.. automatically extend apprpvai )f tote vema :-. i.ni portion of cite Preliminary Plat for anotnar raanty• Eour month period . However , in no case shall a Preliminary Plan : r Plat remain in force ,tore than ten ( 10 ) yeari , uniesi -)xtend+u , by the Planning and coning Commission . Article 1 . 06 , Final Development Review and Permit ?r �1ure3 A . Purause The purposa of final permit revtaw is First , it is to provide the map wnich del, rues the offi : n ', sot of rac+)rd of tits division of land r iavyi )omens s ', : . 'a'n iCnever the Casa may be . it shall Con:'J 1';8 3Uoitan C . ill ; . . the Pr91 :'-it.ftarj, Plan as approved cy the � 4 41 k 3�i ne'�. �e �°�'�F z"p�n.4wr^NZ.w' � a°r��C -M+..v7y+...-z. v*..'.wyRg ^v-��.tt •vw,• 5'c^r 'i!'� r °..'r £v { aL record shall tie cieirly and iesioly drawn in iI&A on reproducible arterial and shall tie ttttifiad is provided in the regulation. It may inelade all or anlr a portion of the area ni :As Spproved Preliminary Plan. Nawevoti the final plat cannot u exclude an area solely for tha purpose of avoidin{ ')ff•stt• improvements such is drainage , for sxarple. In such cases the necessary improvements outside the area ai the final plat can oe required . Another suen off• sita improvements .ill be re4u1rea shall oe determined by the Planning and woning Casusission oased upon one or more of the foliawing guidelines : 1 . The )fi- site improvement contributes to the use and function of the lots ) being platted , The oxcluasd area is considered an undovelapaoia lot . 3 . The off- site improvement ties into ) r is part of u ';' continuous system that is already in place , aa provai of the Lot of 7ecord can he considered the same is iavelogment permit approval stop since no subdivision plat n.r be rec'?rdad or na buildin; permltapor)ved until the ecord 'has b,ren approvea , Sacond , part )f t;ne proce33 is to rereivc , raviaw ai%o i approve angineerindplans . Engineering pans snowing .iatails : . streets , sidewal', s , alleys , culverts , orldgas , Storm sa+.ars , 4rAinaga cnanneIs , .a:dr mains, sanitary id 4d0 s an :e ,t ngineerIq dltai ',3 )f the 7r )P')3Ad 3'/'. )7rtlent i:'SOLI : approved or i ;r to ID7roya J£ the L)t i siail b praparad by a Professl')na1 Engineer re; iste-LeO Stata of Texas and shaii coniorm to :ne dos ign standaris :scam r lashed ay the �D ity )f Denton . The Lot )f Ratera + il : �): e F r­•ommend+d for aobroval *.o the Planning and ' oiz . nz ��ornn: s3 . :n I :ntii datailed mg ineering K1413 nave )can aeorrva _, minter , public 1;apr ) ;aments Ira t ) ua indart.I:Nen .niunz L)r, dith in ipprr"ed ;t oc ::ecurl )r neadaa )n :�nat l,) : ,t;C': . i , : IS III env P.aVG : J J h „ar F should include A copy of trio approved Lot of Record , 8nll"O r "S Plans will be reviewed according to the same procedure outlined to this s4etton except reapproval of eh♦ Lot of Record is not required, B. lnforsation Required on Lot( s ) of Record flap The final map of the Lot( $ ) of Record Ally Constitute 111 or only a portion of the apptoved Preliminary Plan or Plat , but any portion thereof shall conform to all 0f the requirements of these regulations . If final plans or plats are submitted for approval by portions or sections of the proposed subdivision , each portion or section shall carry ahe name of the entir3 subdivision but shall bear a distinguisning latter , number 0r Subtitle . Black letters shall run consecut Lys ly throughout the t entire subdivision , even though such subdivisions AiIAt :e finally approved in sections. Lot And block numaers is approved lot of record mot required t0 oe rocordsd with the County as a Subdivision ihall not be used to rei:rence Such prOYerty for tha purposes of title )r :anve;'anCe , nor .nay :he name of such lot of record infer :nat the property is a recordable subdivision , The fact that the lot of record is not a recorded subdivision snail be notdd on the Ci ;r ' 3 'dc )r 13 . 1 . Scale The Lot ( i ) of Iscord +lap ih:ill oe lraan to A Scala Of 1" 190 ' 0r 1" 30 ' except that under special conditions a smaller or 1>rgehes ale `la•� be accepted when pri)r approval 3 director has been obtained, The cite of the map shall be l8" x 20 . Z . Contents ! Referencd and ldentlfieat "ns A) Proposed title Or name of subdivision or dive• lopment, written and grapniC kale , aarth arrow , date , and A key map• h ) ',Ocaci )n )i trod iubdivl5ian ) r ievel )pmdn: )y City , County Arid i'at C ) ?Y i.ma rV COntrJl poiJts Or .'.d SCY i7t1:n3 Inv : ldi CO iuc•f, COnCrJI 701nt > � : J '�n Y. ,l :"Idn• S10h3 , angldi , beariny3 And 31:111 '1 1r 1aCJ � 3il3 . , be ref or rdd , At le3it 7n' COCn'.Y 3n3 i 9d tidd 'r, i t )ursd and ii3t3nCI is :-)rnar :s a rdearded subdivisi >n PAGE 25 I ,�q - -, t" 7, 77 IrM7 777" 771. 777 note 4 a c r b I A the corner marker should be included. 4 ) Tract boundary LOW rijht•*f•W4Y LIAO$ or streets, easements and other rijhts-of•WaYs ant property lines and building lines of restd*Atiak lots and other sides. $) Adequate location data In order to r*PrQdWC4 the tract at subdivision on the iround . 1) Approved mama and rijht-oi•w4y width of each street. j ) Locationss dimensions and Purposes Of Any #1sem*nts or other rijhts-of-way . h ) identification of each lot or tits and bl )ck by letter or number , 1) Boundary lines and names of open spaces to '04 dedicated for public use or iranted for use of the inhabitants of the subdivision development . Raforsn-s to recorded subdivision plats or adjoinii.g platted land by record name. 4) All required dedication and certiiicAtion statements . C , Construction Plans • lftforitation Required Construction plan and p r o f i l e sheets for a l l public improve- rents s h a l l be reviewed prior t o approval O f the final p l a t , The approval of the final plat -qtll not Lod rdcommvnaeq to the Planning and ;,oninj Commission until the construction plans ;lave been approved by the City Engineer , Construction plans an,i profiles shall oo drawn on sheets measuring twenty• t�Ao i .Z ; or twenty- four ( 24 ) by tnirty• six t36 ) incnes . Each Sheet Shall include north p,' Int , scale, and date , Bench lark description to sea level datum, shall be includ-,il with the plaMs . Fich sheet inall snow t:ie seal and iiinaturt Of the registered civil engine*,- who pripar!td the plans , and shall in j d e t.1 following , un 1.3 s i spec i i a I approved )thermiit i,. ne i Engineer : plan and Profile of ia,:a itreet dth t )p of curb irides shown . S c a l e in I i I be 1"•40 r i .o n -i and app vopr i its rt iza L i,:ali . 2 . 'he Cr o i s - 3 .,z Lion )f proposed s t -i e t % illep 5 and s i Je-,a Vks in,)w ing :1-1-i 4 iitii Ana 'v�)e -I' pave .lent , lase 11%o 31111bgraje and I x I t L 1 t n a z right •oi - way , 11 FNt x �Y k IT 3 , A plan and profile of proposed sanitary sewr,rs , with grades and pippe $is$$ indicated and showing locations of 2090146. cleanouts and otter appurtenances , and a cross section od embedslent, 4 . A plan of tns proposed water distribution system showing pipe sises and location of valves, fire hydrants , fittings and other appurtenances , with a section showing embedaen : . S . A plan to scale of all areas contributing storm watot runoff or drainage within and surrounding the proposed subdivision. Such plan shall Indi- cate sise of areas , storm frequency and duration data, amounts of runoff , points of concentration , and other data necessary to adequately design drainage facilities for the are , . .a plan and profile of proposed storm sewers , showing hydraulic data , pipe grades and sizes , manholes , inlets, pipe connections , culverts , outlet structures , bridges , and other structures , 7 . Profile views of individual improvements shall have no more than two improvements on one sheet unless specifically approved by the City Engineer . The project -engineer is responsible for the accuracy , completeness and conformance to city standards. She purpose of the City review is to assure conformance to city policies and standards . However the City raview :s linited to facts is presented on submitted plans;-Me City takes no project enginaering raspanslbi.lity The engineer certifying the plans is the engineer respons .bia for the accuracy and completeness of the documents submitted for review and actual construction . T'aa City resorvas tiie right to require corrections to actual conditions in the field .vhich are found to be contrary to or omitted from submitted plans. D. Engineering Plans and Final Lot of Record Process ;ng Procedures : 1 . Preliminary Review of Final .daps and Engineering plans: Three ( 3 ) complete sets of preiuninary angineering plans and fifteen i15 ) copras of the Lot( s) of Record shall oa submitted to the Deve- lopment Review Committee Chairperson sevYn { , ) working days prior to a regularly schedutad Development Review Committee met tingx "oinmemts from the preliminary review will be given to tna applicant for his/ her consiiaratlon prior to the submission o: One final plans to the Planning an.i Community Development Department for raquescd,i Planning and zoning Commission approval . Tie preliminary review by the Development Zt / Iaw Committee will oa no langer than s:ven ' ! Working days , except for unique or :xtr:meiv aT r;a projects Lover LOO acris ) . =' Pu'oIi : UtiIitia ; 3oarn Hearing and Recommendation required for , PACE 2 lx.. 3r �� :_i^Tpp'"""'T�!Yw*'i )" +nve+R- �. � ,vx, `al,K e ..esv ..7?` i'n'•?', w"��"`5'."' a) Service, to now areas outside the corporate r; limits of the City. b1 Request for alternative u; llty system. s„ 3 , final Lot of Record Nap and final an`inesring plans Submission: Ton ( 10) working days ,prior to the regularly scheduled Planning and .o»in` Commission meeting the applicant shall submit fifteen ( li ) copies of the final Lot of Record *, and three ( 3 ) lots of final en ineering plans (a described In subsection 3 . 06 1 and C ) to the Planning and Community Development Department. t' The Planning and woaint Commission shall act ° within thirty ( 30) days frog date of offkciai written request by applicant and deliverance of ( prescribed Es* , Failure to act within thirty (30 ) days on the final Lot Df Record will be considered an approval of the Final Lot of Record. z3 . City Council ewisll be son illieewithpptheeDirector of Planning . F' S . Stair Development Review Committee . The <, Development Review Committee shall review the plat and plans and make a report of their findings for the Planning and Zoning Commission , The applicant shall he afforded the opportunity to meet with the rmittee and discuss the report' s preliainar )neiu$ ions prior to the drafting of its fin, ;*port . o . Planning and Zoning Commission Review : The Planninj and Zoning Commission at its regularly scheduled meeting shall review and approve the Lot of Record , ' . For war 4 1 n to City Counci4 . Tne :ty Council wi11 be forwarded Lots of Record involving determination of C: ty cost parti¢ ipaticn. E , .approval and Recording of Lot of Record One ( 1 ) reproducible and two i . ) other paper aupies of tnd Lot of Record with 311 required signatures and three i ! ) copi:s >i the final approved engineering plans are required before the Lot of :Record can be recorded with the County C1erk, or the : ty and bdfote building permits are issued or before Ian: development remit can he issued . The iilina of the iacord is 3u0 lact t tie iollawing renditions ; -omp: : tion and acceptance ai requires puoli _ i.aprovoa_ent3 ; )rr .', . pie dYeGUC17n b: d'!dl'.;.:menC Cbntr.aCt ditn Cni LiCy ', sit 31joiaCti )n 3 . J71 . PAGE 1? If an approved Lot of Record plat has not been filed within two ( : ) years , it shall be considered null and void unless an extension is granted by she Planning and Zoning co*ml ssion, Disapproval of a Final Lot of Record Plat by the Planninj and Zoning Commission snail be deemed a refusal oy the city to accept the offered dedications shown thereon. Approval of a Final Lot of Aocord Plat shall not be deemed an acceptance of the proposed dedications and shall not impose any duty upon the City concerning the nainttnarice or improvements of any such dedicated parts until the proper authorities of the City 114ye both ; Ivan their written acceptance of the improvements and have actually appropriated the same by ant:y , use , or improvament . Article l . u? . Construction Phase Procedural Requirements and Policies A. approval Required for Constructlon Start : 1 . Certiiicatlon of plans and plats approved , aoiore any construction caa begin , a .levellpar oust secure an approved Lot o Recora and an official written notice from the chairperM of the staff Development Review Committee that certifies that all development plan review and approval are complete . Pro-construction conference Andior agreements required; a ) Jeveioprnent .octract ayreenon: ra.{urrad ;ar construction authorltatiort if a Lot of Record is to be filed prlar to completion of improvements ) . the contractor shall furnls;n to the City Engineer , oefore be-ginning any improva man t .)peration , three t3 ) executed seta of the required development contract documents , including pa:ement , performance and naintanance bonds . The fora of these documents shall -)e providee. to the contractor by tna Snginaaring Department . Among other things this contract will outline performance of the work and my other agreement between the City and developer . Should the developer and the contractor be one and the same , then the payment pond may be waived by the City ?nginear . The Development Contract required by the City ,If Dent�.n shall as a minimum weat the Eullow- ing guidelines . �(ora detailed staIdar .1 N ovi_• ions snarl o provided ov the ; rty ginerr as approved )y the PIann i rig aria :oning C,;mmission pursuant to Ar : icia a , UZ . P r1 V 3, ; V i U•w lop�a•nt Contract Minimum Provisions; ( 1 ) Outline the Improvements , exact location , nar~e, and times of construction of each portion of the lmproveaents , ( 27 All improvements $h&It be constructed under City of Denton standard sp4Cti1Catlons. ( 3 ) Performance of wOrk and payments to contrac• tors by the developer shall follow all legal restrietions according to the applicable bond or the City say institute lejlal proceedings , ( t } Maintenance bond for required percentage of improvement 4ontract amount by the contractor , ( S ) A p•rformancs bond shall oe submitted by the developer for a required percentage of the subdivision contract , ( 5 ) A payment bond shall be submitted by the developer for a required percentage of the subdivTi necontract , ( 7 ) Performance standards for the developer and ail his work crews should moot the foilowirgt ( a) The liming process for the itraec subgrade shall not be interrupted or driven on or througgh Burin; lime application or either romixtng process , ( b) Curb and gutter (concrete ) shall not be driver, )ver or an until a minimum of seven ( 7 ) curin; days have passed . tf cylinders are taken on the concrdte , results of compression tests shall oe used to deter - mine the proper curing time %• t8 days ) , (c ) Asphalt pavements shall not 'ne driven on until the City releasd3 the pavement as a fullstrength pavement , (d ) Sewer lines , manholes , services and cl+an• outs shall not be operated or conndetdd to private service lines by the ddvelopar ' s personnel 'lntil authorization is ; Plan r1 the city inspector on the project . ( a ) ,later lines , valves , fire 'iydrants , sn.i services shall n)t oe operated or . .)n- nected to private service linds mtil authorized by the city inspect�) r on the project . ( 9 ) ;he developdr snail deposit in escrow the amount of two thousand dollars {. ' be used : f any name or other type bulldin; i5 occupied ')�% a buyer before 111 improve,nents ( streets , .Sralnage , 'was°r , and sewer ) 1r? accepted by tae : ity )f Benton , icceptanca •� : i4pr-)Vaaients neans all flnai puncn list re'gardlas3 if 31 d .r lmportan:e ha':I Jedn coInplatdd and tad r1quLred 'naintenancd :nd anti t'-9 ', w ; 3d t3 f .1 3• IUllt dra'Aln';s submitted [ ) t,ne : : t:t of UentJn , ? lvii ii Violation of the occapanay rule before project completion shall require that the two thousand dollar ($2 ,000 . 00) amount be forfeited to the City of I)oAton and that all - but IAiAJ inspections shall ceas♦ until the require improvements are finished. o) Pre•Constructloh Conference At the discretion of the Cloy Haiineer a pre•construetion conference between the City , developer and contractor nay be required, c ) Latter of Authorization to Proceed The City 2ngineer will autharite in writing that the above steps are complete and that the contractor is authori:ed to proceed, B. Construction Inspection and Acceptance The developer shr,ll cause his engineer to design, stake and help interpret the plans during construction of improvements and shall cause his contractor to construct the said improvements in acdoriance with those rogulitions and the approved Lot of Record And engineering plans . the approved engineering plan snail be J.) ,larked on the fact by the City Snglneer . nhen found to )e installed an, eomplotsd in aecordanr.s with the plans and speci . fixations as certified in writing oy the City Bngineer and upon receipt by the City of Denton of a ono ( 1 ) year maintenance bond from each separate contractor in the anount of to per.♦nt of tiia contract price , a sepia set of "as built" plans acaaptabla to t'ne City engineer , a letter of tna con trictorIs :onpllaMca ,: :'n these ragulati )ns , then the City engineer sna11 receive An Approve for trio City of Denton the title , use and maintanance of the improvements. The City Bniinaer , or h i a iul! ,iuthori :e : reDrtsdntAtives , shall )e r?yulr?d to inspect ful iy any and lil phases of the construction of improvements fJr subdivisi )ns . .h? vibdivider , )r his ton: ractor , Should maintai aal :ontlCt 'tl t .1e 'Ity Engineer , Jr 41 rd p r d s e n t 3 t l y e , during LonicriiC - tl Jn Je inor o vtme n:3 . No ainitary sof-ar , 4'a t?r , or 3 J r'n 3i�, r pike 3na11 o . ov?r°.d 'dich('Ut I r0'Jii 1) the it P.nii I t!r , )Y x} 13 "3 rreientative . N ; 1; 1101. Ja 3d 'oat? Yeti , ii1Jj "1dC r 11: , 7r 3tabil 1:ati )n an 11 , a A-p P11 ':.� CJ ., iCYde ' I.Wc 5 Z G. I sub3rade without said approval , so concrete ,nay be poured nor asphaltic suriace applied to she base wttnout laid approval . I the City 8hiineer , or his representative , may at Any tine l cause any construction installation , saintenanoa , or location or improvements to cease when in his Judiment , the requirements of .his ordinance or the standards and speciEicatlons as herein- before provided have teen violated , and nay require such reconstruction or other work as may 'ae ioctis4ry to correct an;' such violation , C , lost of Improvements and City Participation All required improvements shall be %ade by the applicant , at his expense, according to the oiiicially adopted Master a Plans , without rslabursement c,v the City of Denton except for certain oversized or city participation provisions of this ordinance As ,nay be expressly authorized oy the City Cuuncil and `r paid as funds are avallible • the remainder of tills paragraph provides ianeral participation poli_y and pr>cedura ; the Uent .— i Deslin standard ;Chapter IV ) provides speciiic conditions for oversizad participation in water , sewer and streets. Reidourso - ,lent costs shall be based )n actual Installation :oSt .here llrjar f3i. 11it : ei are required Jy the alt%'• iha City At " participate in the cost of any eater find having an i as ' ia diameter greater than sig'nt li ) inches and oe any sanitary sd+o r line having an inside diameter greater :man ten ( l0 ) Inciles i . not required o the development . .itretts larger tr.1:1 thirty- four i 3 4 ) fast as required y the city shdiI considered oversi :ed • any requests oy the dei-!Ioper for raySdn: snail oe mad: in wrltIng and small ae ~resented to the D,. ra,: )f Utilities ar to the City cog1A r f ): study , i:1e cngtneer ihalI present ,1 ii findI rig s , I ;ng +itll ilii rd ;)m an• lotions for p t , to tna Clty Courv- for final 1ppraval , D. Suod . Ider to c.e :dad '•la ins t ) 7upo lviil )nS ; f the :xisting City aains and/ or str•lets ire not .i .,I n or id11'-enC td 1 SuOd iVis i )n , tide developer , Lin S tfft:) P;1JE 33 construct the necessary extension so specified in this ordinance . These wins/streets shall be constructed in accordance with the 4aster plan of City. These factitti , ! shall be to easements , secured and paid for by the devsl .pdr . Such easements shall oe properly assigned to the City of Denton before service is extended to the subdivision. to cases where easements cannot 4e secured , the 3eveloper aay petition the City to authorize condemnation proceedings , However , the City will not be liaole for any cost , 1 . Criteria for Sxtensisns For the City to consider using condemnation authority for assistance to extend sains to a subdivision area, a clear evidence of public need and interest must be shown by the applicant . The followinY criteria are presented as suidellnes in considering such public need or interest; a) The proposed extension must be in accordance with the officially adopted Master Utility Plan. b) The proposed extsnsi.)n must he such that it will oe able to serve other development areas . ! ) ine proposed extension must oe supportive of the Denton Development uuide. d) The proposed extension rill substantially help the overell city economy. F')r example , it will serve a new plant that employs over fifty people. ) e) The proposed extension will help alleviate a critical community need. ( For example , it would open an area for low income housing that would not otherwise be provided. ) f ) The extension, if for immediate healtn reasons , can be construed as an overwnel,ming puolic need, 2 , Review Procedure The applicant for such rdyuest3 must pre3dnt a written application justifying public need and interest , to addition , the applicant nus . present written evidence :hat ne has .made ever; practical attempt to secure needed easements , This evidence must 1 .1 hide an appraisal ,j:/ an independent fee appraiser as to the urrsn: market value and damage; ( if any) )i :he lasement and documentation that an afier has ')ten .moat of at least he amount :f :ne appraisal , iu:n application SAall 'oe iorr,ar� d to the cnai n oc u,e pavelopment de v; ..ommi : tee for r and racbmmehdat ion . Upon notice of such application the City , at least ten ( 10 ) days prior to the hearing , will notify all property owners within the proposed easement line and two hundred ( 200 ) fee. therefrom, A hearinE of facts oy the Public Utilities Board and Planning cid Sonifti CoamissIan with recom- mendation to the City council will oe required. Determination of the City Council will be final . E. Construction Requirement before issuance of Buildin4 Permits The City Engineer , at his discretion , may authorise building permits within the subdivision if a development contract is executed and the following condition is vets Unless otherwise provided for in the development contract , adequate water installation and ail -weather Biro lanes or roads must be complete to ensure adequate fire protection , article 3 , 08 . Combined Appproval of Preliminary Plat and Lot of Record--OptWnal Practdure A, Criteria for Preliminary and Final Lot of Record Plat The subdivider has the option to combine the preliminary Plat , Lot of Record and engineering piani procasias . Pnis optional procedure is available when , 1 . The tract to be subdivided (or developed ) affec ts not more than twenty ( 20 ) lots , or five ( g ) acres . '_ , The su'odivi3im )r •ievel .)pment ions c )t c;na'I any street locations and/or does not affect or involve any collector or na )or thoroughfare streets , 3 . The area does not involve directly )r indirectly any proposed communi :y facility areas , Jodi not require extensive easements , or is not in an area of extensive flood plains or one raising drainage questions or Any otner similar community planning consideration , 3 . processing Procedure The processing procedure snall be the same as previous l outlined for final plan procissing except the pr or.sssin3 step il , !)ra1Iminary review of final naps , plats or 4nginedr l;l'g r, -111 is not r?gUir=d . afti. i 3 . 09 , Spec i a1 planned J«veioplent :on 1.1g Ii sIC i.::3 '4ner° it l3 proposed t: ddvdI )p A !j Kidd rdS113nt 1 ,11 , :ommer� iA: , industrial And, ) r insti :u: ianal pr'� jact unddr A ; SS Planned Developsent sonic{ , the Plaanins and lonins Commiasiba say reeos"a d to the City Council the variance of specific requiressats of this ordinance based on a detailed site development plan. Such modification shall be governed by the Planned Develop- ment ordinance standards for granting such modification from normal standards ( refer to the Zoning ordinance for more detail ) . Planned Development zoning is an optimal zoning and subdivision process intended to provtde an avenue to apply new and inventive planning concepts that are not readily accommodated by tradi • tional r3gulations. In reviewing Planned Development plans traditional standards are utilized as the base standard for 4 comparison and guidance. Any ,modification of those standards must meet all of the following criteria: A. The .modified proposal would conform to the City Master Plans . B. Granting the modification will not slave the effect of preventing the orderly subdivision of other land use in the aria . C. The need for a variance of requirements to accomplish i unique project design , as distinguished from a need for a variance Eor personal convenience . D. The proposed development cannot be readily accomplished through standard coning districts or subdivision processed . 8 . The proposed modification substantially accomplished at intent of the standard and improves the overall uevalop:aent design . ( Even though the modification may not meet tha letter of the applicable standard , it provides for 3 'setter pr o)ect design. For example : The requirement for drainage piping in residential itrtets ^, i;ht oe iaived if the design maiatains ,11 building lines out of the 100 •year flood plain and tna syste.7 is Iasighad to provide retention qualities that helps correct dawnstream drainage pr•>blems , as well a3 provide ae5tn. : i : qualities to the pro Jac t , j PAGE 50 CHAPTER IV, QVERAL DRSIuN STANDARDS AND IMPIAMMBNTS R9QUIR8D Ar tic a 4,01. Purpose The purpose of this section Is to outline the basic design and isprovement standards and policies for development 'eitnin 6 the City oe Denton. It is intended that these standards set the f hest: development policies for the City and act as the il�t ding ordinance to other related ordinances , regulations and official plans , Other rules , ordinances , regulations and plans that gust be coordinated with Chest general standards include ; A . Building and Housing Codas; a . :oning Ordinance ; C, Engineering Standard Conitructi0n specifications ; D . Utility Ordinance ; E. Flood Damage Prevention ; F . Fire Codes ; u. All officially adopteo .master Plans ; a.,id H. Capltal Improvement Plan , Article 3 .0 . .authority of tea ievelopment tevisw Committee to Zeccmmand Standards and Specifications The Devalopmsnt �aview Committee is hereby autnorited and directed to recommend standaros and specifications for the desigr. and construction of currs , street lights , ' Crest signs , f alleys , utility layouts , utility casements , sidewalks , watar supply and distribution systems , fire nydranta , sawage IispL�saI ayst ems , drainage faciiitias , and other puolic Lnpr0vements , f f. s a n*,X i4Urdi p and related processing documents , ca �trac : s and They aha11 file same with the Planning and oning Commiss �0n andi �t public Jkilitias 30ard at :oast tnirty ( 30 ) days Jafore tray ahaii become effective, T'a:y nay amend the specifications irrn time to tine , provided :hat an amendment inIl1 ->,a filed xitn the appro.riata board ar : omnission it 1,3ait t.nirty l5O S ;re '�af0ra it ) scones effective and no 00;ection 0r n06if1 :a - ti-.)n is riquir9d )y the b0drd or 3uch it ail C.a r'35 =AJc i ' or s>leciii jillg l }hAll conflict with this or Any other ardiuns at the city of Ddnton, All such plans and improvements shall be processed, designed , constructed, installed, located, and arranged by the Subdivider or developer in accordance wtth iuch rules , resulations , s u n- dards, procedures and specifications. Article 4.03 . Street Standards and aolicy In general , streets should conform to the Master Thoroughfare Plan and the following standards. The major street plan can be amended as needed by the City Council as recommended by the Planning and Zoning Commission . The collector street portion of the master thoroughfare plan can oe amended as needed by the Planning a..d Sonny Commission according to the collector street criteria set forth in the following collector street suosectior, A. Street-Right •oi-'Nay Tha owner shall be required to dedicate street right -of • .av as shown in the officially adopted Thoroughfare ,?Ian , and accor�• inj to the standards and criteria shown below: 1 . Standards and Criteria for Right-oi•'day and Ali;inroent a) Major arterials (?rimary ) Sash Functional Classification Criteria These streets transverse the city ; usually are eighty ( 80 ) to one hundred twenty ( IZO ) tact righ%4-oi -way ; and a landscaped boulevard and parkway are aastraole , if economically tensible including -naintanance cost , Technical Classiiication + riteria ( 1 ) The route is a najor .rosstown route ; or ( 2 ) Major route into town (ma)or regional route to Denton) ; or ( S) Mayor aonneetion to one ar .norm of Jenron ' s four ,major ::enters ; ant ( 1) Exhibits dasi ;n criteria : ( a ) projected year +)0 , volumes exceeding 2100iZ3 , )�}�) venicias pet iiour;' vanicles per Say . t 'oi ? rojecced route does not iiava any najor en;ineerin; oostacle . (c ) 'rne projected route take into account any existing parallel routes that might exhibit better traffic flow than the projected route, b) major Arterial (Secondary ) Basic Functional Classification Criteria These streets connect major sections of town and usuaily hsve a right •ot• wa)' of sixty (64) to eighty ( xU) feet, Teci�ntcdi ClassiiieatOn Criteria ( 1 ) tiia route i.s a major connection between uifforent sections of town, or { 2 ) Maior connection between two diitorent primary arterials ; or ( 3 ) Major connection to one or more of Denton Is moderate intensity areas, ano (4 ) Exhibit$ design criteria ( a ) Projected year :uUU, volumes exceeding 1266/ 12 ,bOO vehicles per hour/ vehicles per day , ( o) Projected route does not nave any major engineering obstacle . ( c ) The projected route takes into account any existing parallel routes that might exhibit better traffic flow than the projected route . c ) Collector Streets Basic Functional Classification Criteria These are not shown on the major street map in the Denton Development Guide but are specified in a separate map* that is updated ?•early by the Planning and Zoning Comnis8ion and codified as needed by subdivision review of detailed site design . Collector street aesign should include consideration for all modes of individual transportation. Collector street planning is subject to the following policy criteria , ( 1 ) at least one collector street per area between arterials to collect neighborhood traffic to the ,major arterials . ( 2 ) Collector street ( or larger ) required for nigher intensity land uses such as apart • ;r,ents ( apartments usual !/- defined as a ninimum 12 units/ acre on twu or more acres ) , industrial areas , and cammercial areas . �Tne rajor criteria for collector street location are these Itten poljcies , and the ,nap is only a secondary guide , ( For 'ma jor streets , the inap is primary . ) PAGE 39 ( 3 ) As intensity Increaele, the number of collectors required increases, Collector streets should not be allowed to be incrementally linked-up until a aa)or arterial is created, This procedure is the saris as settin policy to change land use intensity , It such a land use intensity change Is 14sir- able, the Denton Development Guide should first be changed to so Indicate the activity center prior to designating a new arterial on t.1 thoroughfare plan, Technical Classification Criteria ( i ) Collects neighborhood traffic and feeos to major arterials , ( 2 ) In low density areas , noraally spaced at on*' fourth to one-half mile intervals . to high intensity areas , may be spaced every block- ( 3 ) Usually *xhibits the following desldn criteria : 1 ( a ) Pro)ected year .1000 , volume ezceedlng '�Q vehicles per hour or 7100 vehicles per 14,v ; (b ) Projected rout* does not have any na)or engineering obstacle . d } aasi don tIaI ( single or 2 Family ) or Loea1 Streets• S0 feet a ) Streets in Apartments , Commercial or tndustrial Area•60 feet (Collector 9tr4et ) f ) Residential Sstata Subdlvisions Streets- 60 feet (As defined under subsection d. ) 2 . Required Dedication Criteria : Ahen evaluating the need to racjuire mandatory right - of-way dedication in a racordable subdivision , the following general requirements snall ce net unless unique public interest conditions exist ,hick would naRe these guidelinei in part or in whole not appropriate : i ) The proposed land use requires or ;.ius4s tilt na*d for such improvement requiring additional right •of- Way , b) The officially adopted rhoroughfare flan of tna City and these standards indicate a puol :c need . : ) TA amount of the rnduirad ;iadicatton s considered reasonable nich is gener31L lefined in 1ar•a 3ubdi /iiIons lever 10 acres ; as not ,pore than 3o percent of the property and in s:nali tract , as a laser percent daper.aind on the tract r:ne required 'dedication l3 SAO w to :nnanc : tn? ,age and function 'of tl',a property , ?A6, 4'; B. Design Requirements The following design guidelines shall b4 followeu. Interpre. tation of street need classification shall be governed first by the approved Thoroughfare Plan. If outside the detail of the Thoroughfare Plan , street classification shall be interpreted on the basis of need as determined by the Plan after a report from the Development Review Committee on overall thoroughfare planning including the projected vehicle trips per day with full Cevelopment , In the case of existing topographic features which prohibit the reasonable use of the following specified design requirementb , consideration will be given for a variation. A request for such a variation must be made in writing to the Development Review Committee for its approval and must include an acco�� te topographic map of the area in question showing the proposed design . Design requirements are summarized as Table 1 . (TABLE UN PAGE 42 ) PAGE 41 TAHMI I CITY OP UIiNTI►N, '1'IAM; SIIMMAkY OF IIILCOMMM-ijU '1'110RO i AIVARU bliSitiN S'1'ANVO S11 I'Ilwury Arlutl+ll Su4uud+lry Ai tutlul kuylJn4tlul � ytutn IIV1 i5 ,UiWIV1did DIUJud`NOW MGil` 1:u11nrtui Sab.- l 1 ) I'avuwullt Width 71 ' 721 48 ' 48' 40, suAA 24 ' ( taCV lu 1'acn ) ( ; ) Nu, ul 'i'vatfic hunuti u b 1 4 4 i 1 ( S ) Luuu widths I1 ' 111 11 ' 11 ' to, of 12 ' ( 41 kighl - ut-Way ^Widtir 1011 ' - 121)' 11111 so, 70' hU ' Sul but ( S ) VuhiClu Caparily I'uliiy ( Vullirlu 1700/4`16 itUU/AAA 14000441 i16t//4AA 71111/ 4UU/ liuull uhiclu I)ayl su,m) 25 ,U00 Ib'U01) 120 buu 7 ,7uU 5 ,2Su ( a1 uusign S11uud (M1111) 4s 4U 41) 40 SS Sul � ( 7 ) MiOiW11M GIadu U.St U. S4 0. St Ills % U ,SI u, S4 v �,J ( H Maxiwulll Grade ( 4 ) 74 71 74 ! S 74 A kiullaulx Cuill el, IIau 1S0 '/SU SITU 5011 SUU A kad l Its { )111 liloppi,lg sit „ 1 1slaucu LIS ' 17S ' 27S ' 150' LSU' 1011' ! I I I I Minlxnuv Median Width It. ' a/.I IV a/u u/a u/a l 11 ) Mlnllaulll Sj)dk: )ug MndIWI IIIIUIl4111,' 41111AAAA n/it II/a I%/if if/it ( li ) Ili lnlnnu Itadluv Yur (:ull) Nutui'us No Cul'l)s +11 Iutur Sac tIlio SS ' .SS ' 111' 2U' 111 ' 211 ' Nu�iuit'ud { l4 } R1:vursu Cut vu 5uparat hull blluiu11l IIIU ' IU11' 1011' 111u ' 7S ' A "In:tali huglnuuIIIg var Ill( Ions alluvrud al itISCrutiun +,t UuvuIu)uuunt RuvIuu Comm IIIul: . A AL31 1111011/111111 I,avunluut Ill ll +11 luiiull lur vuit r uul I Sued I i Sluu S , AAAl,uvul of 1,U1'VICO 11(:11 . AAAA3001 WI111 17ngIn oI tfig 'iI11d), .!TM1.Ylvnfl•^[Svr^ r�iF'-vrc. .-irr.v... ..�. .. •. C. Street Cost and City part .dipatian The owner shall be responsible and pay all costs for the design and construCtion of all streets within his development except streets over thlriy• four ( 34 ) feet as required by the Cite is Jefinad bolo++ , The developer shall build these streets in a<,cordahcs with city standards. The City will particlpats in the paving cost only iiab)ect to funds avaiiable and approval Oi City Council ) on street paving costa above a thirty four ( 30 ; root pavement section Oft streets required Cy the City , above and oeyOnd the traffic needs Of tie proposed development , D. Atiation to Ad )o I'm ing Street Sy Item The proposed street system shall extend All existing ma;ar streets and such collector streets up to logical terminatian according to the preceding criteria : local access streets are to a extended as ziay be dasir3hle for public safety a-ad convenience of circulation , 'where possible , the width and t~e norisontal and vertical alignment of dxtandad atreet3 Shall -t pre3erved . c. Street logs { n'here off sets ( ) ogs ) in street alignment are in the opini :n ; f the ? tannin; and :oning :otimision Iastra t : , 3i 1 : ff • sa . r Say oe employed provided the distance bet.ean Center lines 13 n less than one hundred twenty - five ( 13S ) fret . Cui •da•Sacs and Dead- and Streets 1 . The maximum length or a �!ul•de • sac ar dead-and Street with a permanent turnaround shall usuall+ ba one thousand ( 1000) teat , except under unusual conditions ,ita the approval )f the Planning Ind Coning Conmiaslon , 3 Turnarounds are to have a minimum right of •way width 0 one hundred ! 101: ) feet Ind a ninimum forty ( 40 ) foot outside radius for singie • famil•+ and two- family usas , aid a ninimum rlght•oz • �av width of ont iu tw ndrad e n t y 1l??) ) feet and 3 ninimum fifty ( 51J ) foot outside radius for all other uses , J , Tamporary dead-end streets ilay ;oe approved ov the ?fanning and toning Commis31 n if adeglm--3 , all aeA n e r turnaround is pro+iied , "Adaivate , all 'Heather ttl r n r Dun d" 13 d e f i;ned 83 3 turn- around mil at i5 Jf 3j kzi:nt 3101 to aCdom:iodate P.a 43 xw w+Mwyl9v:' 7 _ r fire anp sanitation venicles and is of a construction quality comparable to standard road croee• sictions, Q. street Intersrction Except where existing conditions will not permit , 411 streets shall intersect At a ninety degree (9u' ) angle . Variations of more than ten degrees ( 10' ) on Aesidentlal or Local streets and mare than five d*graes ( 3 ' ) on Collectors and Thoroughfares must have the approval of the Planning and Zoning Commission . H, Perimeter Streets 1 . General Partial or half • 3treet3 raay be provided where the Planning and ?oning Commission reels that A street should be located along a property lines Wherever a half - street has already been provide I'd lactnt to an area to be subdivided, the other remainin portion of the street shall be platted .with sue subdivision. Where part of a street is being dedicated along a common property line , the first dedication shah be one-halt of the proposed street right-of•way , Unimproved Perimeter Streets .Ad�acant to iuodivi- sions and Development Lots , aj 'I he tern "uni.^spraved street" shall at!a,n a public th )ro ugh iare without paved curb and gutter which affords acce33 0 vdhi,: les and pedestrians to abutting property , 1 b ) Upon any Land being AUbdiVIJdd ur J,,idr, lsd developed in an area adiacent to axieting unimmproved Atrdets ( axciuding State or Federal highways) , the developer shall oddr half the total cost )f paving ( up to 1' foot width ) and installing curb and gutter for all such unimproved perimeter streets ad;acenz to the area being subdivided or otherwise developed , Provided , nowever, that the Planning and :oning Commission may either waive or postpone this requirement in the manner is sec forth below, 1; 1 ) For the fallowing listed adveiopments , the Planning and Z oning 0�ommitil )n may , aive the required improvements o . an unimproved If street by the developer after considering such f3CtOrS as ; ( 1 ) the extent of exist , ing and anticipated developmdnt in the area; ( ' ) the amount of Antiaipatea va'hicu1ar and pedestrian rrafiic ; And l 3 ) the current condition of the unimproved streets under cons lda rat ton ; Lai iingIi family d4vt1npment not axcaea - ing three 14-ea in size rir thrda S ) lots ; or P.au n 1 k.' ( b} IadWtriai , cosssterciai , qr aulel •f+islily dove• lop"at not exc4sdial three (3} acres in site, (2) In all developments , the Pllaaing and toning Commission may postpone the required improve- i Meats of an u isproved street by the developer should it be detetaindd that such improvements i are r.:t feasible or desirable at the time of development. If such improvesents are post* poned , the developer shall either; (a) Post An approved performance bond acceptable to the City for one and one-half the current estimated cost of construction and enter into a written agreement with the City obligating the developer to pay for such costs ; or ( b) Place his pro- rata share ( half the total cost of paving and instilling curb and gutter for the unimproved street) in an escrow account with a Denton bank acceptable to the City and enter into a written agreement obligating the developer to pay such pro- rata share. Said interest from such an escrow account shall be made payWs to the City to offset Inflationary costs of construction. if the funds are not used within nine ( 9) years the City shall hold a public hearing to show clear Intent to improve the road within one year; if no such intent is shown, the funds and interest will be returned . ( 3 ) Any developer who builds one-half the street and desires to provide ultimate drainage facilities for the whole street will be sole to collect up to one-half of the cost of the drainage improve- ments when ad}aeent properties develop by signing an appropriate pro- rata agreement with the City of Denton, If it is not financially feasible for the developer to provide drainage improvements in accordance with tee City of UeritOn drainage design standards due to the need to rebuild downstream structure or to do extensive amounts of off- site work , the Planning and zoning Commission may :hoose to accept cash paymant in the amount of SO percent of the cost )i the drainage system as shown on the City of Denton Raster Drainage Plan or comparable stuay 1n lieu of the drainage improvements i . Drivewayimedian Cuts 1 . Residential Driveway .access to Arterial Streets Residential driveway access t,� arterial streets should not be permitted except for as}or :aultiple family ": luster" developments Number of Direct Access Driveways ( Curb Cuts ! ; a ) Strut Classification No . ')f Curb Cuts ?ri,mary .arterial )nly for mair)r ; narit ,rs under srecific conditt :ns (See oelowl FADE ai Secondary Arterial l per 400 feet of frontage Collector 2 per IOU feet of frontage Local (Residential ) 10 foot separation unlsss joint access b ) It is the policy of the City to discanrage I driveway cuts onto the major artories of the City , Driveway cuts into the City ' s major streets will be allowed only when: ( 1) There is no other feasible alternative ; or ( 2) Traffic engineering studies clearly show a need which such study shall use the following criteria ( subsection : ) as part of the need evaluation,. c ) More driveways than permitted in the Above r chart may be nosdod , Such additional drive- ways can be permitted under the following m conditions: i ( 1) If the daily volume using one driveway would exceed five tnousand ( 9 ,000) vehicles ( both directions) . ( 2 ) If the on Iita peal; hour traffic v)lume exceeds five hundred ( 900 ) .#ni,:les par hour ( both directions) ( 37 A :ompetant professions: traffic analysis shows that traffic conditions warrant more driveways , Part )f tills study gust include data indicating volumes compared to above standards Ina must show how alternative arrangements , joint access , atc , will not :cork, d ) Every separatel•+ owned 'ot )f ecora will !:e permitted access througn one driveway , either on the parcel or at part of ) :int access. 3 , Spacing of Direct Access/ DrIveHayi iCurb Cuts ) For Commercial or Multi family Driveways shall be spaced a minimum of twn hundred ( 2U0 ) feet apart on arteriai streets and fifty ( 50 ) feet apart on collector streets , In unique circumstances , -ahara such spacing 'mould create a hardship , the Spacing :an oe reduces by ! one of the following tethods , j a ) On arterial straats ..hare the average spacing of driveways xi :hin three nundred i3 }i) ) feet of the 3ub) aet property 10 uld oe 'la i n t a Ined at two hundred ( 200 ) feet , I ninimum spacing )f one hundred fifty ( l90) fee /ou11 )e par-a issibIa . :)n coil actor streets .hara the sVar 1 spacing within one hundred 1101) feat ) f tits subject propert•+ cou: i )e laM taiaed I: tif:'+ ( S0 ) feet , a .iinIium spacing of tnirt;, feet 1,j is rm 1 3:0'L PAGE 46 b) Nhere such sppacin control cannot readily be achieved within particular parcel , joint access with an adjoining property should be sought . c ) If the City SnjIneer is satisfied that sufficient attempts to secure Joint access have been made and that joint access is still not 'possible, and access cannot be provided lia aftothor itrset , driveway sppacing of not less than one hundred fifty ( 1S0 ) feet for ,,** )or arterials, one hundred ( 100 ) feet for secondary arterials and thirty ( 10 ) feet for collector streets may be granted by the Development ROYiaw Committee if minimum corner clearances are mac. However , this access on arterial streets should be limited to rijht turns in and out ( left turns in and out prohibited) , J ) additional variation of this standard is eormitted by application to the Planning and Zoning Commission after recommendation from the Development Review Committee and Trafiic Safety Commission as provided in subsection s and 9. i . Corner Clearance The minimum curb lenjth between a driveway and an intersection of the arterial with a cross street should be not less than forty ( 40 ) ieet , If the intersection is or is likely to be signalized, then traffic aovements to and from any driveway within one hundred twenty - five ( 12S ) feat of an intersection with a collector and two hundred fifty ( 150 ) feet of an intersection with in arterial should be limited to rijht turns only . However , when possible corner clearance shall `Je within the following guidalinas : ARTERIAL MINIMUM CORNER CLE.A(IaNCES GUIUELINES ( For Multi-Family , Commercial or Industrial ) Minimum Corner Clearance , Feat Intersection Desirable Critical ,Yoe Minimum Mi,n it Um Arterial•Artarial 300 25') Arterial-Collector :00 1.15 Arterial• Lecal Desirable minimum corner clearance is the clearance needea to assure :IJat . on:11• .1n driveway .and intersection movements 10 :sot JVertan . a rr.prher Llea ranee 15 neasured -, r '.,m tlnle i.ntec i, �l -,n :1Iro the near driveway cur 7 , �AU� i • I'll tl, R' s . Sitht oistanc# , On Site Man*uvertng , and Parking Lot 0 sign Adequate sight distance and on site maneuvering should be availably from every driveway. Any movement for which adequate sidht distance is not available or any parking lot designee that does riot provide adequate on lit# maneuvering ahuuld not be permitted . Por example , If parking is within twenty- five ( 2s ) foot of the driveway , for commercial or multi- fsmilr developments under three ( 3 ) acres or within fifty {Si)) feet of the driveway for commercial or multi - family develop- iant over three ( S) acres , either the parking should be rearranged or joint access should be Considered )r access to another itreet should hf sought . 5 . Median openings If and when medians ira constructed on any arts• rial ( street ) , spacing between median oponina should oe at least four hundrfa (10C feet , The spacing may be reduced to three hundrad t300 ) feet if a eompftent traffic study shows that a lesser spacing will still safely and efficiently accom- modate loft turn movements to axisting and pro acted future development in the ic.medIata vicinity. 1 , 'riidth of Driveway .�pproacnas The standards below snall apply unless traffic studies lndi :ace variation is necassar!; ., Irii- tions can be approved by the Planning and :oning Commission according to rayuiar permit procedure ( subsection .4) 1 Width ;2adi u's MuItI am i ommer': lai :9 ' YBLUinh.endda 12 minlmum' � 1 - wav) an arterial i 31) ' maximum i, 2 • way ) straets , :4 ' recommended IU ' ,n in Lauri Singl? and Two- Family i ' raadius 1 l0 ' minlmum :0 ' maximum Nota ihare 31 gnif icant true;: traffi . i3 prc)ected for two- way access i tnirt fiv: ti33 ; foot ,rivewa,v width aria twent•; , : )) ;o, t _urn radius may be required by the �'' ity �ngineer , i , iptclal Land -Use i�egJiremeats Car:ain land uses may require drlveniYs ,ii:a i. not totally conform to the juiaelinds 3tatiu �,.• viously , Examples of tnes'i : and uses and Sir", ica stati )ns and driva - in 'ban;,<s . A V-ii : ati )ns for pa rnIts for "n c n- n[.7 r m in g" SYiYa'w a'; s or an'. )f :iSCSa ian'3 USa3 S e pYdGd33ad a.::Jr +lil'g : > d Y'xing 3t3ndaYti3 . :A +Y °ter the following subsection 9 procedure and 010414 be acaompanied by a traffic engineering study technically Justifying the nonconforming ieature0 , As a art of this study , alternative arrangements should oe laid out and spaciilcally shown how they will not work before variations can be considered. However , in no ease should variations in corner clearances be permitted, since they are critical to $aft , efficient tntersection operation, 9. Permit Procedure a) Information kequired Application far a curb cut permit can be made as part of the bullding permit request or as a separate request , Driveway permit applications shall contain sufficient information, when combined with the butlding permit and site development plan , to allow the city to iul. v assess the adequacy of the proposed jriveway lesion . An industrial , commercial or multi - iamlly permit e application for arteriai and collector streets snail include , at a minimum, the following : ( 1 ) Drawn to scale ( i"•z0' or lesal , 111 The dimensions , locations , and resign of the driveways ) being requested, (3 ) the location of any huildln; s or structures , aithrr existing or proposed , (a) developm (type development � e gland` loor space) , and site ( 5 ) the parking lot with the pr'posed internal circulation pe : tern (o ) Show all existing ar prvposdd driveway$ , gutters , storm sewers , mannolds , fire hydrants , utility poles , service fixtures , atc „ which may be affected or which may affect •Jriveway operations ( 7 ) Show Any aIt isting driveways ar curb-cuts locatdd on adiacent lots or 1)ts across the street . { 31 Snow all of tree geometri. design featurev •: f the roadway itself , including the presence a median , the number aria width of travel lands , the presence of a shoulder or a parkin, lane , etc . i9 ) Show the .'. litancds : ) int: r se':ting 3tre: Cs 10 ) k traffic engineerin; stud ,, of pr,;fessional traffic en; inaerin•; standar-.is may oe requires iv the Dever a nent 2evidw � )mm lttde on an; request for nore than )na .:rivawa•% Cur. on any naior arterial strew : of the pity , or any request .n an :Sr ter i.11 st'C eet t.'lat Var l•7s from the ,-inera'. ,:ur'o cut standards . r.ruc •J b) Processing Procedure An approved curb access permit is required prior to the issuance of a certifica'.e of occupancy . Curb cut request Cor single tamily, two family and townhouses shall be reviewed and approved by the City Engineer . Curb cut request for industrial , commercial or multi - family shall be - reviewed by the City Engineer and a report of his iinding shall be made to the Development Review Committee , who shall make determination of such request . if a driveway permit application is rejected and the situation cannot be resolved by submission of a revised plan, then the apYllcant Can appeal such ruling to tile Sraific safety Commission, who shall make a recommendation to the Plannin and Zoning Commission wno snall make fine determination . Driveway permits will be issued for a given use and a specific certificate of occupancy . Land use requiring a new certificate at occupancy would also require a new driveway permit based on the anticipated new 6uil3inq use or development plans . i J . Street Names 1 New streets shall be lashed so 33 to ,provide CUntifluicy ?, name kith existing itreets and to pr :vent ;onfli. , with ldantical )r iimilar names in other parts of the Cit.v . Ek K, Private Streets ?rivate itradt3 shall e prohibited :xC_pt in Pilnnau JOVe- lopment :ones as approved by the City Council . � p L. Large Lot iubdivisions c to the lot; in the proposeJ subdivision are lar;a enuu;a to sugges , rasubdivision In tit futur% , or ii a part of the t:act 13 not s+J 0divid ed , consider at ion mUSt at givtA t') p033i )ld future street )peninji and aGCe33 to future i )t5 whi m CJuli result from such re3Ubdivi31 )n . 'd. ]state iuodlVisi0n5 :or ttstite ivaJivisi )n as herein u9fi.'1BJ olio ( li iCrd . , ti ,it.. 10U feet ?r more frontage f )r sin gle :dll U3aii d ,735:• :ne n 611 t:1 I .'.r a n t'. - f'.)Ur , : 4i , .'et it .I)Ut .Ur 03 lS .i : l..:t.eS , ? 'lemaat quali �,ust meet the II ,I Jm o'ia : i ) t : i :enton stanch, : 3p�:cificati-in 3 . PA6i sV 5� F -�' N �IYX� �M aG+'*` ✓ ( * ,..t."�T+ e a m. 091-sits '$%root Connection Soo Section 4 + 141 Part !t Lot to be Ranted on a public street. 6 t e 4194 . Sidewalk Standards and Policy At the discretion of the Planning and Zoning Commission, the ?eveloper shall install sidewalks on on• side of pll thorough- Fares and collector streets within and ad)oining a subdiviilon , or, in lieu thereof , a comprehensive system of public walkways to serve all properties within the subdivision. The sidewalk snould be placed to tie in with access to schools as a primary criteria, Also all local streets which are located immediately adjacent to a school site and for a distance of one block shall have a sidewalk along one side. In a residential subdivision , sidewalks shall normally oe placed in the right-oi-way ono tl ) foot fro,e the property line , shall be four (a ) feet in width, and shall include required ramps , Final deoign details shall conform to the standard engineering specC icatlons :or the City or Denton, Article 4 . 0$ Median Standards A, No median unit will be permitted except on major arterial roadways ; primary and secondary) as deeined by the naur thoroughfare master plait . a. minimum width of 11 feet from uack to oack of curo will be accepted . Medians less than 11 foot in width must oe >f a maintenance free surface . k C . Conti +.c tors shall 'oe required to 'neap film aeoian arras clean and free of deoris , concrete waste and ocher _onstructiah waste . Medians Shari oe equipped with a ,afar supple an.- outlets spaced a m.'.nimum of every 100 feet apart. . rrovlsions for an .inoergrounJ electrical supply snail >e rro', isad for tact median unit for purposes of automatic irriya'. '. on , , his sna . : a 3. termlhau by the Par:: s Divisic,n Prior to _onstr',ctirl , D . Jn::aG CJCa are to till ?ach .nadian unit .,lt,i to SJIl and :sch init shall oe . SCtlil ed 3??Jed lha .,at lVI Ll l.1 .1 , tit i d T _ ..i.'aT,C•i'T+ii1F.� u.q-._'..,�[".'{^ _. .-'*��F>.. Y ' ','. f J , p ,opor manner to establish a turf grass ccvor , ArtiCls 4 . 0t. .alloys Commercial 3+d Industrial Aroas Alloys shall to provided in commercial and industrial districts where other definite and assured provisions are not made for service access , such as off- street loading , unloading , parting Ana fire-fighting access consistent with and adequate for the uses proposed, 0 . Residential .areas Alleys are not required . A1 ' ey '+eidth All allays shall be paved, in commercial areas , the minimum j width of the alley rig'nt•of-way snail be twenty ( ,) ) feet and t 11 1 minimum avamerit widtn .shall be sixtedn ( 16) feet , I,i residential areas , the ,-aini•num alley right-of- way width shall be sixteen i16 ) feet and tife inInimum pavement ',r idth sltiall bn twelve feet D . Turnouts Alley turnouts shiil ^e paved to the propert;: line and small be at least twelve ( i ) feet wide at chat pcint , Paving radius .here alle-ii e '.'..a r, a > and shall be can i :'li :net at in ter sections ', stn all toner streeta . Cntersecti)n3 C Alliy i n a me tersaction4 ria sudaen .hange5 in ait ;nnt snai . )e i av;, idad , but >.hera necessary , 1 ) t c)rrier3 s;ta11 ie cut ail at least il [taen i17 ) fdat 4n each tIn'd4mt i) rdr:m: t iat8 'Jdn iCU:ar m)vament , Y . Fenc:s knere ,Sr1Yd'aaY3 C)nn?Ct to a n i ina : i :n;?' . . .)ris Ut t:d .1 ',%i 'n r3.4r gat land and lr lYer:aV aft iUCil i m3A11er , Corner 1s 3n31ed , it • ?alt . . .9 ) , . :eC r )m J,; th sloe aildj 3.1 ] .iri /e'+dj 1€ ; P I, Dead-end Allays Dmi-ond Alleys shall be avoided it possible , but if uhavoid- able , shall be provided with adequate outlet or turnaround, 44 determined by the Planning and :oninB Codniission . Article 4 . 0" . Water Utilities Standards* A . Basic Policy Rater systems shall be provided with a s+afiicient number of �ut1ets and mall be of sufficient el:a to furnish adequate domestic water supply to furnish fire protection to all lots and to conform to the City of Denton Master 'dater Plan, the Compre• hensive Utility Ordinance of the City of Denton and the itandard Specifications of the City of Denton . S. Basic Dasiin Standards cater pipe snall oe a minimum of six kb ) inch nominal inter- nal iiameter construction. C . Fire Hydrants Hydrants shall oe a maximum of six nundreu . cup)) ieet Apart in residential areas and three huhdred ; 3+),') i i:et apart i ,n c.)mmerc tali industrial areas . D. Location Location of sater utilities shall generally 'Jo in city ri nt • of• way ; in unusual : ircumstanees , vocation may Se in a utility sasa,nent . 8. 'dater Capacity Required The City reyar,/e3 the ri;ht to pronioit sn; :onnactiill tree City wat :r system when it is det-rmined *. iat .i.:-.�uat5 capacity does not a X i 3 t to ie r'13 :ne rroco St j b'11Jpment . ?,deouate minimum -,aoacity shall be defined as f : 11 .nws ; H i g n intensity Commercial and Industrial area S . . . . OV0 ?:I medium Intansic Coinmer:.ial areas . . . . . i.: se.,er ini hat. utility standard; ,ir . ip; Iicaa1 _ : n . n: : I ' , .alts tila Medium intensity Residential areas I`io GPM Low Intensity Residential areas Soo GPM All flows to be Qalculated with ZO pound residual pressures , Spn.ial and unique exceptions to the above standard may be made by the Planning and toning COmlmiisi0n attar recommendation from the Public Utilities Board. articke 4 , 09r Sewer Utility Standards* A. Basic Policy Sanitary sewer facilities shall Ill provided to service the subdivision adequately and Conform to the City of Denton Mast#; Sewer plan, Standard Specifications and the Comprehensive Utility O,'dinance of the City of Denton, B , Basic Design Standards 1 . All main lines shall be a minimum )f ei,ht td ) inches except under cirtain conditions such is s�iort lines , steep grades etc „ then a six ( 6 ) inch line can oe app 'oted oy tna Jevalopment Review Committea, Right of appeal 14 to the Public Utiiities board, which shall :Hake final determination. Z , !linimum grades shall ba maintained in laying sewer lines to provide a ,minimum velocity of two i7 teat per second, as per the following chart : VITRIFIED TILE FaII in Foot .apaclty Flo�. ing Site of Pipe Per 100 feet Pull Lil , D , 6" J . 60 d" O, 4o 0 4 1J" 0 . 30 u . " tZ" 0, 11 1 . 0U J16 19b : J" J . Orj J .QU 3e'lTr dnG >,a t j lie st LIn drJs .Ire a 11 ao , Ly 1iai t .. 9r E i . 7 -77T 'Wr' 777 U : 3 � VAfthols spacing shall not Itnerai1y exceed five nuftdr04 ( 500) fo*t , C. Location The location of all lower iuLns shall be in city fljht•O(- way unless special cjr4umstancss exist lsucn as topo;raphyl which 4an 00 approved by the Director of Utilities for location in appropriate easements, D. Sewer Capacity Riquirso The City reserves the rijht to pronibit any 4onnectija to the City Sewer System when it is determined that A line or 'no system is overloaded . Overloaded snail Oe jailn*4 is ; System or Line•oporatino it Capacity during peak hours , more than ZO drc*nt of the time % .' out Of 11) days ; 4 . i hours out of 34 hours , ) S�eclil exemption to the above standard lay be made by the Planning and Zoning Commission after recommendation by the ?UbIIC Utilities Board . (Also note POLICY in subsection 4 . 1)1 ( 1 ) . ) Article 4 - Ov . !xtenii �ns of Nator And Sewer Mains A . Extensions required to serve now subdivisions and otter developments, 1 . Required Extensions I developments shall 04 required to extend across t he i u l l. ., i ;t h the 'a ;-3 1 o P--.e 11 t lilt ( defined by Plat or L.Qt of Record) 11% Such An alignment that it can be extended to the next property in accurdance witn the mister Sewer and Water Plans for the Cit/• prop('4'tias already jerv-id by water and lower shall not be required to Install ' additional facilities unless ; ,i The current lines are not of adequate :apa,: i tti, to serve the pr)posed development ; in wh% :n Case the developer will Qa required to lnzt'1i1 Adequate iam: llities . ti The currant lines ire 11"t a U,aA 11a t i capacity t o Sarva the toning of a pr,)pe r *.V that has been re.one�i is i .acre intdnsd j stt since t A e t i-)e Jf the or i g i na I It i ii inszaiiati )n . I 3xtensi )n5 )va r i i x h ii nd red 111) new eons t r ue t 1 n r t q j i r i pr i r approval n ?I A n n i n g And M ! -Ij C oMM i S 3 1 0 n I i t 1 r r A,-.1 11 a a t io n o.V t h ti PUoI tilltids a r 'F pV T j 3 , The Jireccor of Utilities may approve an dxcension ` o+ water and sewer aains to an existing 'swelling if the extension As loss than six nun�red ( 6QO) feet , provided funds are available end as allocated in the Capital tmprovement Plan , H . Cost policies for extensions to new iuodrvisions any P other new developments , 3 1 , Development Nains•Deveiopars• shall pay the actual i cost of water and sewer main extensions required to serve their development area. Their daveiop- Sent area includes current and future pnases , Required facilities will he according to :he City ' s Waster Utility Plan as determined by the 1 Developaent Review Committee with right of appeal to the Planning and Zoning Commission after recommendation from the Public Utilities aodrd , 2 . Oversize 14ains•The City nay participate in any cost of oversize water and sewer mains , suoiact to funds availability and approval by the City Council , Oversized mains are daflned as water ~wins Deer eight. A ) Inches and sewer mains over ten , l ; incites , which are required by the City for future system expansion and are not requ, rtd by Ind proposed development . e oRetobrech lovoptp 4he / te extensions a -I e1menare3 u n u street ridhts •oi-way or In dedicated areas directly acadssible for future servicd lines , the k idveloper shall be entitled to reimbursement in accordanci with the provisions of section oelow c but such reimbursement sha11 not exceed the developer s total cost of the main, 1 , City .1 .ght To Approve Oversize Construction Contracts eherd City Funds Are Involved•the City shall approve all ovarsite utility contracts tIr such construction of itlIities prior t their dxeeu.tIan by the developer . In the event Isle Z ity annot Justify the Costs involve,. in a ny 3Uch contract 'where city funds or pro• r'tti repayment 1i invoIvdd the ity 3haii have the option and right to submit the pro)dct for seal dd bids , and the 'it,,eloper inall :ay nis ar,)portion• ate share � f the aCCeptaole sow '! II . 3 . Fro-2ata Cost :har4ai =o ' Tapping latns Extenues oy City-The �:ity or Denton may elect t1 :stems a -rain 'where conditions axiit whl,:h ciusd a h.ardin) due to lack of 11.ater or sanitary se'Aer serv: _d . I Such cases one main inalI ome Un,;:r tit to iaile pr0• rsta pr�vislons , aid an}' taps ') f these IInei 5 11)a 1I Od pa :5 for the lame as is S c.1 °11th , . r0 : ixtdndad o 3 developer , axCent the to 7a d'3 the " special extensions t indir :d'aal i I n 4 faall residenC:" a3 deSLYlbdd b3l )'w. rear' inc1 J,ie3 led i'': 13 U8i 3 , 3ubd 1 '111 dr 3 , and ')'a neY1 . , :0.u. t . Swelliagi ; v,. J shall be no time limitation for reimbursement to City for lines extended under the provisions of this section and the mentioned speCial extension section described below, C. Hxtonsion to Bxisting Subdivisions Where extensions ore made to a subdivision lot , the lot owner shall pay a proportionate share to extend the math across the front of his property or on whichever side the City of Denton Utilities Department deems to oa most appropriate . T,% proportionate share for the owner and the City shall be as stated below, D, Reimbursement Policies For Extension "oats 1 : ,any developer who hears the : ::.t of off• site water or sanitary sewer main extensions to a development as provided above, shall be entitled to reimbursement of the pro- rata cost paid to the City as provided below, for each user who extends a service line from the main within twenty { 20 } years from the late the main is finally inspected Ind accepted oy the City , the provisi,)ns of this section shall not apply to sarvice lines or rain extensions :(nstructed it the dxpense of the ;ity of Denton ,noer the :arms of this section . 3 . laimbursament payments inall :e mach by the City to the person who pa ,•1 :ne most )f the main , or his asst;nee , and no other person shall be entitled to payment render the terms of thcs section, 1 , snit reimouriament shall oe cayao: a within t+„rt ( 3o ) days ; f its receipt by One S . the developer shad enter into in a9reec:en: ..i :n the City befora any r:i.,I oursement may be made , which agreement shalt be mace prior to ;,.ceptance of the main by the City. Such agreement si)a 11 F stata the : ost of tna ,lain , terms if :awnent , and the nasinum amount of raimoursdnent , ?ro• rita :ast Charges For rapping '•wins nue Developer or ity i . cvary �ars.in ;r :avel )per a_pl � :ng ter a t.,p un;. water cr sanitary sewer ain ..nice :has :onitruct,a :,noar the termo :; t.ne aao, . :e toper extensi-.ia sactlon or tad : itv extension see ; , on sna11 parr for the re•luestdd taps at oxing rates : ai ti ^: r a rater :or ie'oer -ain is loci s: raat .>r County r;,,a and abuts ant : s t:i separate lattea tri.: ti , ?.A 1]c i { 1. pro-rata enaris shall 00 60 percent of the average current per foot cost of such main. b ) )there a water or sewer main is iodated on a State or Federal highway and abuts and is accessihIs to separate Matted tracts , the pro- rata charge shall oe 100 percent of the average current per foot cost of such main, z ) Whore a water or sewer main is located in a proper easement across an owner ' s property and where such easement aoes not abut a street or is not In any other way directly accessible to any separately owned tract, the pro-rats. charge stiall be 1u0 percent of the average current per foot cost oe such main . Pro-rats charge shall be based an the average current cost of similar projects with pipe of the tame else up to eight ( 0 inches inside diameter water pipe and ten ( 10) inches diameter sewer pipe . All pro- rata charges shall be charged on a per front foot basis . . . the pro-rata charges provided by this section shall be in addition to the usual tapping fee and to any other charges required by the City . S . The intent and purpose of this section is to provide an equitable charge for .Tatar And sanitary sewer connections as a proportionate distributlon of the cost of 'water and sanitary sewer main extensions to serve property althin the jurisdiction of the City . In cases where A property or A tract a : land is so situated or shaped that the above front foot charge creates an inequitable basis :ompered to other tracts of land of similar overall site , the _Public Utilities Board shall determine the proper charge in accord 6aito the latent gad purpose of this section, and such determined charge may be lesser or greater than that oy the front toot oasis . [f more lots are to be served by tnd main than abut er :ontain it , than the charge shall be greatdr , as determined by the Public Utilities Board . `o person shall acquire any vested r ,;ht under tad terms and provisions of thi; section , nor shall the City of Denton incur )r assume anv iia'oilit% >r obligation to expend or eneum'oer tax or utility funds , Sc utility fundi Thal : )e spent or encumbered unldsa funds Ire avlilabid for such ppurposd , is aeterained )'+ the Public jtilltids soars , a . The pro- rata :harges shall )e deta:=nizda ar.d f established at ' east annual ! . 7y the Puoli: E. UtlIItl:5 30a rd bdiaa 'J pan ';At aver ire dit 0: j recent similar s,at'r and idNer line instaiidtidni . f Special E:xtdnIIOnI t inoividual .ilr,';le Famii;; resi�eocei 1 . trnere an dx:ension > f rater )r sanitar . s.,ier main i3 moue 0'J ChL t; ity in )rddr t0 idrY(i a ilq i3 Tamil'+ residence , tnd )N'ner .may C')ntraLt '. itll t.ne t i ,y t ) P j' 3 7r0;)o "4 i013 td 3, 1r.' Of 51lch a l'ail is tOilJ'x5 : P.ku"c 3 i s) Extension to lots with less than one hundred L00 ) feet fronting 4r abutting the asln. ( 1 ) ,Main in city street or easement (side or front' of lot ) shall pay 60 percent of the average current cost per toot ; Or ( 2 ) Main extended throeyh adjoining Lot shell pay 100 percent of the average current cost per toot. b) gxtension to Lots with sore than One hundred 1100) feet fronting or abutting the math. ( 1) ;lain An city street , easement or county read shill pay average current cost per foot as follows , 60 pareent ci the first LOU feet ; 10 percent of the next 200 feet ; 0 percent over $00 loot . ( . ) Main extended through adjoining lot shall e pay average current Cost per foot is follows ; 100 percent of the first 100 feet ; 10 percent of the nest 2U0 feet ; 0 percent over 300 ieet. c ) NO owner for which i connection is made pursuant to this section shall he entitled tc riimbursonent for any future :onnectiOnsl and all future taps and connections made by the owner shall be piid for as provided in the previous section unless the extension ag-sement shall state otherwise , d) owners of tracts with aver one hundred ( 10U ) feet of frontage , as dos:rived in SuOSeCtiOn o) preceding , wno may at a later date subdivide their tract s.,a11 De required to pay for pro-rata for the suodivided fronA,asa equal to 60 percent of tni avera;e currant cost per foot , :ost to od aeter:nined as )f the date of the tip raquest , .article : • 1!) . Alternative 'cater ana Sewer Faciiitios Al' developments within the ;urisdietian of 'ye Citi of Dent„ snail ;e required to have ipprovad water supply ana ianctary sewerage facilities and shall be requires to connect to the : its of Den tan ' s iiciIitles unless alternate '!: 3rr?n;9 ent3 hAv3 ,?en 3pprove.i ' y the C[ t)' according to the fa1lJw:ng itanuar=a , to .1 pra:adures ; 'A . W3ter ;ie11s ilndividual ) De•:e ,opment3 :;gay oe approved .iir,n 1 lt4. native watt . faciiitl: s AC': din'; the foliow r,3 :- it�! ria P.iJE 5 J t t A I . 'rseter well operation and quality ''root the minimum requirements of the Texas State Departt*rtt of Health and City of Denton Health Ordlnances . Z . water walls are not utilized in any commercial e sale of the water . 3 . Cost to tie onto the City of Denton 'Hater System exceeds the certified initial capital cost of a well , a , An applicant for approval of an individual water well shall submlt the following evidence to the Director of Utilities : a) Water quality tests ; b) affidavits : tatinq that no more than three ( 3 ) faciilies wall use tha well and/ or the sell water will not ae usad in any :ommerti +: sales ; and, e ) Cartifiso cost 0$timate of well lnstallati or. , Upon review of this evidehce , the Director of Utilities may issue a water well perm.t , B . Septic Tanks Oavelopmsnts may be approved with sltarnative sewer iacllit : as according to the fullowinj : riteriA: 1 . a septic tank may be installau to carve an individual rbsidence , commercial Jr industrial facility if: a) The premi3e upon which Such structure is located is more than two hundred ( .i)0 ) feat from any : ity sanitary main; er , L) The Director o: Utilities or ni3 authorise : representative :artIeiad in wr ; tin; that :'pie topography )f such pr ern isas makos it)rnal connection with such a< 15ttn; saniturq main impractical .r iinpossi'o1e ; and C ) The oper at l Jn ')f a Saptiz tans 13 taa3i�1: Jn the itamlia and w 11 .",feet t,'1a itandard3 ind requIramenti ':f ";113 ;rdI anca . all other Ins t a 11a t10n3 Ot der t : : tdnK3 Sila 1 . 'oa unlawful , ithin Denton or Dent ;n ' s extra- territorial jurisdiction , ? . Septic :an:<, 3ha11 is install-d n a::orda;ce with the Standard3 °S1,10 1SAS:d J' the ia.<a3 Stet: Debartment df mi aaitil OGa r : 1Cla 3 )1 , an appll:ant )r I:)br^ an individual Sap: : . :inn SaaIi 3 ia'1 t ..'e t I . .dent: : ) . ne Director of O : illtiai : 3i -lip and 3Cata;nOn. ;. 'a5Cif l : A - )n ; b Affidavits that no more than one residence , c oaaa rc ia I or industrial facility shall be utili: inj such septic tank; c) A plan oe the aseptic tank system prepared by a engineer or r#$lstoroil professional sanitarian, and 4) Affidavit of the results of the percolation tests, Upon review of this evidence, the Director of Utilities or his authorized representative may issue a septic tank permit , C. Other Individual Systems Other individual septic systems can be considered it s4tii- fakttor� evidence is submitted certifying that the system nests & I,. requirements and standards of the Texas State Department of !;oalth . D. Private Wator And/ or Sewer Co-op Systems In areas -onere dovolopment requires water And/or sewer ser - vices for more than a single facility , Ono the cost of extondl'%j and tying on to the City system is prohibitive , privatii,,' :tined water and/or sewer facilities may ot considered and approved oy the City aczcrding to the following general -,ritoriai I The cost to tie on •ei the City system would o e significantly great*: than the proposed alternative. 2 The applicant of the proposed alternative system provides certiflod evidence iron a rag ister�r . professional enjintar that tne systom w i l l 1, e tt t all City , State and Federal health and 'wate quality standards . 3 . the Ai : inj and nator ; all duality of ail iaaiiitlas 111 meet the City ')r Denton standards , a , Perpetual private maintinancd is g4 r A n '4ej -noan3 'uc� a as Homeowner ' s bonds , ocher -nean s approved o y she C i t y ,attorney , S . Operators of the s y s t e m( s t w i i i e certiiiad the S t a t e Department of Hea I to. 6 The City A Aa I I have the right to inspect tn t system per iod ica ii,Y to le ce r n i i o ii such 5:,.S is being operated and n a in t a i n e u I C:0 r d i n industry standards . fhe i i i w and approval , r o :t d Ur 0 S :or i UL 11 privet* A,a t e r and/ or sewe r iy i t i m ina I I o r,)c ii 5 C 0 r1k;u r r d a t i 'with lie norifta I pia:t Ing 2,1,1 en; ineer ing plan approval process a i outlined in e Article 111 , except for applications under these alternative water and sewer tacrlitlss proposals, which shall first require review and recommends- t1on from the public Utilities Hoard and final concurrence from the 'City Council. d. The City of Denton aay accept existing or annsKed private water or sewer systems for oparscion and maintenance when the City' s water and sewer lines are connected to such system, provided the system has been desi'ined, constructed, and opperated in accordance with accepted industry and M y Stan. dards. Such private system shall be dediCatod to the City at no Cost. 9 . Prior to such acceptance by the City , such water ind sewer lines and facilities shall be inspoctea and evaluated as to standards , adequacy , condition , etc . if water and sewer lines and facilities are not according to city standards , a per lineal foot pro-rata charge shall be assessed to the users of such systemlsl for installation of these new facilities will be on a per lineal foot actual cost basis for upgrading or repairin; the existin'a facilities to meat city standards. B . Connections to Sanitary Sower .extensions Required upon Notice 0tnever the City sanitary sewer system is e.ttended to within two hundred ; 2001 feet of any lot or parcel of land within the corporate limits of the City where a septic tank , dry closet or privy vault sxists, the owner or occupant of tacit premises shall abate such septic tank , dry closet or privy and shall construct a suitably water closet upon such premises and connect the same with the City sanitary sewer +nain within taut;: ( 30) days after written notice to do so :ro,n the City aealta offi:or uniess no can show yy County Health .:artiiicata that iris current system is functioning in a sounu and safe manner . h.a shall iurtner oe required to have then: lac ; : : ties re•car: ; fiad every .wo ( 2 ) years . Article 4 , 11 . iJ: ilities Easement Recuiramen: s al '_ 'It ilitias snail to provided in stria : ri511 t • )f• ha% except for special ; ircunstaaces anprovad '3 y ;ta Ueve1 peen . Reif t C )mm ittee , n such :asei , the e liJ'wing itindards sh,; !L preV3lil I i -" 'Y r+ ,;s.�'•'s'r;;,±�„. �.x +a!'±a.'xv%� .u.... s'- a, a. .i?;�`? Article III , except for applications under these altmrnative water and sewer facilities proposals , which shall first require review and reco=onda- tioh front the Public Utilities Board and final concurrence from the City Councii . S . The City of Denton may accept existing or Annexed private water or Cower systems for operation and mAintonance when the City ' s water and sewer Lines E; are connected to such system, provided the system has omen desi nod, constructed , and operated In accordance with accepted industry and City stan- dards. Such private system shall be dedicated to the City at no cost, 9 , Prior to such acceptance by the City , such water and sewer lines and facilities shall be inspectea and evaluated is to standards , adequacy, condition, etc . : f water and sewer lines and facilities are not ,kccording to city standards , a Par lineal foot pro- rata Charge shall be assk . se1 to the users of such systemks ) for installation of these new facilities will be on a per lineal e foot actual Cost oasis for upgrading or repairing the existing facilities to meat City standards , E. Connections to Sanitary Sower Extensions Qequirod j;�,n Sot ice Whenever the it; sanitary sewer system is extended to within two hundred ( :JO ; feet of any lot or parcel of sans e within the corporate limits of the City 'where a septic tank , dry closet or privy vault exists , the owner or occupant of sacs premises shall abate such septic tank , dry closet or privy and shall construct a suitaole water closet upon inch premises and Connect the Same with the City sanitary saver main within tnirt (SJr lays attar writ ten notice to So so from the Cir,y hes'. :h officer unless 'ne can show '-),y County Health :ertieiaato that his current system is funetIonin; in a sound and safe manner . snail further be required to 'r(ave t'nese faCklitla3 ,e-•:ere :. . . every two ( 2 ) years . Lr^ tic la 4 . 1i , Utilities Easoment Requwrements uti1itias shall na provided [n strait riglit-of - »a>' excopt for ipecial circu:ns*antes approved ',y t a evel .r,a::,t Revie!4 ComM1ttee. :n iACh C3Sa3 , th°. follo'wing sLandar,li i,, a : 'i i �rav+ill ; ?.BSc o: mrgtq*c.F.r� rm ;7^1"!c1171.7 ,. pr•. n. v 11iii A. All utility easements shall be sixteen ( lo ) test unless ` special circumstances warrant additional pr reduced easements 3 which can be approvsd by the Development Review Committee. 9. Lot lines will not split easements. C. Dead end easements are not acceptable unless approved for special circuustances by the Development Review Committee . 5 0. Employees of the Utilities Department shall have :.he authority to enter 'promises at . iy site in the regular tine of duty for the purpose of inspecting , repairing or constructins any water , electric or sewer line, or any water or electri: meter , etc . This authority applies whether or not thw City choosds to require a dedicated easement . She land dovdloper and occupant are responsible for any construction occurring nvdr or wit,nln tight ( 9 ) feet either side of any on Bite utility, lti the event Litt Iicy inspection or repair or reconstruction is necessary , any structure or improvement iamaged olthin eight t9 ) feet eitnrr sids >° a aon•dedi:ated utility Whether In a dedicated eaaesent or not shall not be the responsibility of the City for any repairs but Anal" he the sole responsibility of the owner , Article 4 , 12 , Electric , Gas , Ca'ple Television , l.d Telephone Utility Standards All installation shall be aecoraing to the Comprit ne,ls : ie Utility Cod! i,Sec . .S ) of the City of Denton and engineer ;r,g stand,ird utility installation procedures . Article l , is . Underground EleetYi:ai Utilit, Poli., A. It is the '>asi: policy of t,ie City r 'Uent :n : > ar,:> Jra�a installation of underground alit l: utilities in 111 'iew subdivisions end :emmrr: i11 deve :ill pin ent . 3 . Where vnd:rground electri: utilities are install-:a Jt .ne request of the Sevel )Per , the ta'relapers S all li ;.1 V ne ,dl [ier entlai CJ3ts Jetkeen �Jn6dYgY0'lni dlei: trl: '1t1i1 id G Srlu 9v head else I l: utility se rs' i:'. , is :al:Uldt•:a 1.1 r Utility Depavt;ne ill t , i Pw� i =�vsirr ifs Y. C. 'irs residential areas , underground electric utility facile ities shall be installed on public right-of-way except where the utility elect; to install facilities adjacent to the building setback line for &esthetic purposes : >11 underground electric utility cable of either primary voltage or secondary voltage shall be installed in Conduit. D. For commercial dew 1opRent, the deveiop�r snail install and maintain the conduit system from the transformer or secondary cable terminal point to the utility desiinated erviCe point at the boundary of the property. The utility shall install and maintain the primary circuit and the daveloper shall oe responsible for furnishing , installing , and :naintainlni the secondary aabla . E. Underground electfi: utility service dill nut oe installed on the perimeter of a subdivision or planned develop• r. Tent uniess the adjacent area already has underground electric utility servica . k >rtic� 1__f 4 .14 , itrest Lights 7 A . Basic Policy e ; t is the policy of the City of Denton that adequate street lights oe installed in All new development3 . Det3i:ed nrocadures and 3tanaard6 all ce governed by :ne compranan3i ,e utility standards on file in the i)tilities Depart-ient . £ . General Standafds Ve14p2f3 3na11 fCrnl sh sati3factorV ed5a dant3 for installaticn ) f sarvicas to Street Si;nt3 , normally fiv. t3 ) f=et in ''d14tn. itraet light numoer , type , and sits 3"131 : ct detarnined ov the J*_pities Department . 3 . Developers .ill pay pr) rata cost ; f 3 :reet sight ins to 113t1 on 5 . S . Street 1i g11 is are nor dal I fequ ' r-A at 311 intersect 10"13 , In -J1 'de• sac s , ana at J-)OrJxi • ,Tate lv three nUndr ed �. 30�ii f')o[ sa to r a13 )n tangent itredt3 . 7].G: 64 . -. . e oa rlrtiC � Draina�• aequire�aenes A, General Policy The Planning and toning Commission shall not reeoaaend for approval any plat of subdivision which does not mok• adequate provision for storm or flood water runoff channels or basins, Drainage provision shall ensure the health and safety of the public and property in cises of flood and such facilities shall not cause excessive increases in flood heights or velocities, particularly to adjacent and downstream properties , when calculations indicate tnat curb capacities are exceeded at a point , no further allowance shall be made for flex oeyond that point , and basins shall be used to intercept flow at that point . The applicant may oe required by the Planning and toning Commission to carry away by pipe or open ditch any spring )r surface water that exists either previous to , or as a result of , the subdivision , Such drainage facilities shall be loca ,ad in the road right-of•way where feasible , or in perpetual unobstructed saislents of appropriate width , and shall be constructed in ac.ordance with the construction standards and specifications of the City of Denton. S. General Design Standards the following ire general drainage Sari;n standards and poii: ies of the City of Denton . 1 . Coordination -Alta the Comprehensive ?iaiter Drainage Plan is rdyuired . . . Design Stormr ;eyuancies : Area or Facility ereuuencv Residantiai Street Capacity iV ;ears r Other 'Street capacity i cncloaeC i pipe systaa cif needed) 116 yaara Channels and crooks * .5 yaars . uivdrts and small orld•;es :5 ;a,rrs Lar;a orii;as+„ 5 ) ;ears a-,; oetween 'ouiidin., lines i+)o vaara .%+'�,a nnels 3n.i Croy% s snail have One -, l ) :')dt 1)e fr?eboar .i . iaLarge ')rld�ai are t;1Jia witri a tf tdi SOan greater matt >o . . . . . r 3� _l 3 . Plater Spread Limit Street Permissible ClaesiiicaEton Water Snrjd, Expressway 10iYiriiita lane may be closed Major Thoroughfare 10-year storm ( Divided) openteach directionst remain xajor Thoroughfare (UAdIvid44) .u2Yt�aQficilanes must remain open Collector Street luly storm traffic lane gust remain open geaident131 Strsec ..water flow must not exceed ♦" Above curb pipe Systems logoar storm 4 Inlets • •Hydraulic graue snail ba 2 ' top of curb below The permlisible water spreads are based upon the initial storm frequency ( lo•yiar ) , but consideration roust he ; ivan to street conveyance of the major storm ( 100•year ) and possible elooaing. All streets shall ' be capable of conveying a major atom without water encroaching into ad)atant buildings. thersfora , t117 maximum spread t Ili t in streets for a major storm E_. shall be the building IInes. This requirement F utilizing tie streets to convoy the ma)ur storm t runoff may require increasing the capacity of the p enclosed drainaie system. 3 , Street Gross Flow Al dp eor initial frequency itJY'li i10•yaar ) a• ditadliined as eoi1,)wsl Street Intersec tion Cross _Flow Odo m expressway Nona !lajor Thoroughfare ( Divided i Undivided ) None Gollectnr itrset a inches Ji ie�th or (One Valley crossing) spread at valley sac:JJns Rasldential Street 5 inchai it vlil:y iaG it )n3 (one Valley Sr)ssing ) S . Draina;t system ?.equiranents The eonplete drainage iysteIn li composed initial system , consisting of inlets , stor;n arl !AS , ami the < sociated appurtanancas CO C )IlYaY the tial stJr,o runoEi 110 Naar; , and cJ : Je w }or system Jr the ,na )or run)iE ( 11" yaAri , aniah ionsists c : iwa1a8 , Gre a.r3 , channe13 , i �.OV4aaY5 Ind dale r ;e n,:).ov-!riiol+s to prevent water ancroachnea en- tlal and commercial iaciiitiei . ?.;GE 06 3 `.777777 i a) initial storm sYstees are dejuired when water spread and street cross flow limits are exceeded (closed pipe generally up to 48" capacity ) . b) Channels ( 1 } Channels are to be eoncreca•lined at least to the 10•yoar frequency channel flow level with additional height to carry the 25-year -flow, ( 2 ) 100-year flow is to be contained within the building lines. (s ) Unlined channels will be considered For quan- tities of floodwater larger than the equiva- lent flow of a seventy-two (% ) inch pipe . o . Additional Storm Drain criteria are : a) Utilization of retention ponds -And dispersion areas and preaervation of major flood plains, etc. , shall oe strongly encouraged and may be required if a proposed drainage improvement it feud to create actual or potential upstream, adjacent or downstream property damage due to the . creation of excessive Mood velocities or heights. b) The City ' s rsajor drainage iloouplalns that are still functioning in a natural or semi-natural state will require special drainage and other preservation considerations. To implement this policy of the natural 100-year flood plain for flooding areas draining one square mile a more , it may be recommended that these areas be zoned for planned development when zoning requests are made so that channel improvements and reservation efforts will be coordinated and defined on the site plan 'before detailed plans are submitted . c } Minimum :'elocity with the pipe ilowing iu11 shall oe three (S ) feet per second . J ) The minimum storm drain pipe Jiameter $stall ca fifteen ( 15 ) inches . e) Pipe diameters snail not normali; dacreaae downstream. f) Pipe zrowns it anange in si.es ,hour Oe set 11 the name elevation. ; ) Vertical curves in the ondutt wil not be Permitted , and horizontal cti•rvas will Da f permitted oniy :4Itn the approval >)i the ti Engineer , L I) maxi.num maniiola Spacing is ;nown oelr� : Pipe Site %laximum �aacing i 6 1)1) J1• riC" t ,,'H)O Larger than n0" `,o limit j -- 4mnholes shall also be placed at plaku points havins two ( 2 ) or Mors laterals , at pipe ;unctions havin pipe sides twonty.tour ( 2 ) inches or / great r, at alisnment changes , and at the besinhins of the stora drain system- I ) Inverted crown sections will be permitted only In alleys. J ) Street crowns shall be rsdjced for approxiaatoly one hundred ( 100 ) feet on each side of valleys , 1 and only one valley crossing for each street shall be used at an intersection. k) At streets with culverts or bridges , an emergency overflow shall be provided to contain the 100-year channel flow within the building Sines . 7 , Runoff CoefflCientS Storm drainage shall b* designed for ultimate dove- lopiaent of the watershed and , therefore , runoff coefficients used shall confider tnase fully developed conditions. Master pians , zoning maps and 1 land use plans shall be used t0 determine the ultimate development , Table 11 gives general guidelines of values for runoff eoatEiciants which may be used in the daterminatton of storm water runoff, TA8L5 Ii RUNOFF COEFFICIENT "C" FOR ALL STORM CALCULATIONS Runoff Type Area or land Use Coefficient "C" Parts S permanent Open Space 0 . 0 Single Family Residential ) . 50 Multi- Family O.bS Industrial i Manufacturing 0 , 70 Business ) . 30 Central Business Diitrict 0 . 40 when the Director of planning and Community Deve- lopmdnt cannot verify ultimate development , a sti,idard runoff coefficient of , o can be u$ed, 3 , Time of Concentration `MINIMUM INLET TIME OF C�JCE�T:.,1F f uN Type .•lraa :Minimum In1:t T lie pants t permano it Jpen ,teas : U minutes Rs3idei1Cia1 ( lass than S uni ac dens1Cy ? 1i pinutei Ail Other ReSidentiai 1') IInutaS Industrial i 3uslness 1 ) minut>.S Roof and pav°d Areal , St"d t9 1') rO 1nU:e5 PAGE bs When Inlet times of concentration which &to in excess of these ainisuas are used , the techniques and Assumption ' used in coRputiq these times Oust be submitted with the plans and approved by the e City 8naihoer , In cases where It is evident that the actual time 't of concentration Is less than thst indicated above , a shorter time of concentration should bo used , C , Offsits Orainage , 1 , The owner or developer of property to be developed shall be responsible for all storm drainage ilowing on his property , This responsibility tncludes the drainage directed to that property by ultimate develo sent as well as drainage naturally elowing through the property by reason of topography , Z . Adequate consideration shall be given 'oy the owner in the development of property to determine now the discharge leaving the proposed development will affect adjacent property . a; S , on lots or tracts of three ( 5 ) acres or more where storm water runoff has been collected or concentrated , It shall not be permitted to drain onto adja� ent property except in existing creeks , channels or storm sewers unless proper arainage g: easements or notarIted letters of permission from the aefectod property owners are provided , 1 . The subdivider shall pay for the cost oe ail drainage Improvements roquirou eor the development of the subdivision , including any necessary offsite channels or storm sowers and acquisltion oe the required oasements , s , 'Where it is anticipated that additional runofi i incidental to tha development of the subdivision will overload an existing downstream •drainage 13eility , whethsr natural or manmaee , the Planning and Zoning Commission ,nay withhold approval oe tite subdivision until appropriata provision has oeen made to accommodate the proolem , and plans shall n provided which include 311 ri a c e j sa r:e ofesite improvements including storm sewer systams , i channel grading , drivewav ad)uscments , cu1vart improvements , etc . In areas where downstream pipes or .:hannels ore inadequat3 to nandlo proposed increased tlows , the City as one alternative may consider accipttag .:ash payment in 'Lieu of actual arainag: improvement > . The developer a ;st sh;+ :ha : :rna proposed pipe system to 'nandie the . : ;w ern:n n ; develo pile nt -'ouid not function prop: rI wit nout substantial downstream tmprovements . rior to permitting any dovzL•n;aent t n a t ,+ il : ; ijnreican ; incraase e1 )od heir , downstream : r upstream, a nearing 'oef:;'a the ing and . gin -. ig C .:nmiss :<*,n is required with s . . . . 1 ,ioti;:e to tam a A,:oa property awn :rs z. ? 0. Drainage 4asaftents Wherot topography or other Conttitions are such` as to make impractical the inclusion of drainage facilitias Within road rights-of•way, perpetual unobstructed Basements for such drainage facilities shall be provided across property outside the road lines and with satisfactory access to the road, Easements shall at indicated on the plat , Drainage easements snail oe carried from the road to a natural Aatercourse or to other drainage facilities : When a proposed drainage system wili carry water across private land outside the subdivision, appropriate drainage rights must oe secured and indicated on the plat or other ina;rumeat as approved by the City .irtorney , in the case of clear public interest , the City may partielpate in easement acquisition by power of condemnation• The applicant shall dedicate in appropriate araina;e easement either :n sae ar o ' drii nag s aa3emant or 7y eonserva6ion aasemen; of land on both sides of existing Aatercourses to a distanca to be datarmined by the Planning an,i Toning Commission, E . Drainage 'Modification Permit ,No land snail 'oe nou1fiaa in any 10{)-year flood ,irai nag eAay until a Drainage \lJdification Pernit i3 s;tied from the Engineer ' s 0 i:e . Che ;: it';' Engineer , 13 a : onatti .)n of ti;a per!nit , snail :ertlf;/ that such :-wcifitatlon gill , as a 111111:":um , fuifiii the requirements of this or::inance N'1LJi 3p4t ; al attention that peak flo'. heights or velocities M1ii .1 t increased on id }acent properties . Drainage nod 16Lcatleon permits f )r draina4t!wa,%s 'Ahosa :asir 3xCaec: Jne iquarN n11e na;/ be a,prOVed �Ye the P1ann :n', an+'_ iJn I Q Comm I 141on a .0 tIf1cat10n Of a113':en' pr t )caner s . Drainage io:i l : icat:on permits for it ainaQ.-ways .es , the❑ Jne sytiari nii3 a;r 7e it 1)r4)v d 7y tAi l. lt;% Enyl1aer . i,na11 .&r Irai1..aie'ea13 1.ni :n 9 n9t r'arr;% r,ln )Ci r,:in :il.Streii properties and do not change the downstream concentration point will not require permits , Any decision oy the City Engineer can be referred to the Planning and ,oning Commission by either the City Engineer or the applicant for final detaemination , Upon such referral all adjacent property owners will be notified of the hearini at id43t ten tlo ) days prior to the scheduled Planning and :oning Commission ,tooting , F. Flood Prevention Ordinance The Flood Prevention Ordinance ai the City of Denton (Chapter 10 1/2) impacts land development in only two ways, It , lx Outlines requirements for amend ins tha Federal Flood Insurance xap, and 2. Outlines the minimum requ1remont for finishod floor elevations , The ordinance, therefore , except in the above two cases , is not applicable to development standards , as the purpose of the ordinance is oasicaliv to endure that no new structures are flooded , article 4 , 16 , Lots , Common Areas and Facilities A . Lot Site : Phe size , 'width and depth of lots Sha lI :onforx : J the : oning requirementi car the area . 3 , Access to Street : Each lot shall oe ,rovldad uit'n adequate ac:eis t4 in exIstln3 or proposed puoIic Street (County or City ) by frontal'. ^n iu: h str'et e8c ept frontage On a private street nay Se perrltteu in a ? ia,,nea Development :oning DIitri': S11C,1 pU6IIC 3tr°et 5t1a L1 'Jd 4on;1dCtad to ant On l�3e r ad ; art Gc :he - •le ral network Of pUb11 : i t r e e t s in the area. ue vd1opi".le n adjacent to 9:Ci3ting "u6li : 3 rBets iilail lilt dude :he ri4uirej 1]prOVement5 1n aCCJrlam a nith tnd 1Cy ' 3 r: rl.netar 3:rtld : x011 .,, .. rdC In g : !Y AtreV'er f:a5171° i aaClt i'>C i"OU�.1 7a:' :ne t r )nC )f a 31�-,111a 1J ac:Oss the S eeC . in 3d."•4 r li , ]11 a ra i.y e Cleat ^lacing [1CIng i .its A runt 3nJ1di C9 eaCn :11'3r ' SnOtl11 Oe aYCSaa • .. .;,.. ,.. .'+'rtnaPT'R• °e;P'"..-m+vnrm�r+..�+.-n.—,.,r ^.y, �.�m 'r'.'�a+.G!^^.• h , s. 0. Common Areas and facilities Such are;s shall be noted on the plat , and also have filed with the ' County Homeowner ' s Association cov*nants approved by the City Attorney , or other arrangements for permanent -nainte• nance of tneae areas and facilities As may be Approved 'oy the Planniag and :oning Commission. S. Building Across Lot Lines No building , except buildings destined and constructed as two-family dwellings or one. family , attaened dwellings , shall be constructed on :r across existing lot lines . Adhere ouildings designed and constructed as two- family dwellings or ono- eamily attached dwellings are constructed on or across lot lines , the 1 buildings shall be so located so that the common wails separatinj the individual living units are located on and along :he common lot lines of the adjoining lots an .An k h the buildings ate located. .article 4 , 17 , 31oeks 31oek length for residential use should generally not exceed twelve hundred ( 1 , 300? feet , measured Along the canter of the block. Six hundred ( ti)01 teat is a desirable ninimum, %laximun block lenity along a Thoroughfare shall be sixteen In undr : s ( 1 , 500 ) feet , excapt under special conaltion5 approved the Plannin; and Zoning Commission , The Commission may require 3 oedeitrian easement or wall near the center of black' over one thousand 11 , 000 ) feet , ArtiCla 3 , 13 , 3uilding Lines The building line is a line beyonu utlut;iw3 taus : ;1 set uack from a street rlght •af •wi; lina or Pr,4drt;, 11 aa , 3 m to the toning requirements for : iu : aIstr1 article 4 , ld , Fire Lunei 'n heri 3aaquata iccass for fire• fight !ng PurYo3e3 x,a�: r, t ,):her'di3e ;e provided , ease�lent3 far tIr : 13na5 ,na', 'Ja rd lj :,!d . Ftr°. line !a3ementi inlii )e pAvad , with eltner ispnal : ) : .oncrata natarial iuch stren3th to support Eire eni : le5 ; ?..�L 7 a y shall be a minimum of sixteen ( 16 ) feet in width; shall generally be within fifty ( SO ) foot of all exposed building walls; shall be maintained by the property owner ; shalt br d marked as such on t..+ ground, and shall be kept free and clear at alL times , or have such obstacles that dan dasaly 0e traversed by a fire truck , ( i . e . 'breakable chains , lgr• lrrei plant material ) , unless otherwise approved by the Planning and zoning Commission . Article 4 . 10 , ,monuments and markers A. monuments Concrete monuxonts, six ( b) inches in d•:h k <dr and twenty- four (:a ) inches long , shall be placed on all boundary corners , block corners , curve points, and anglo pointy ; a copper pin one-quarter ( 1i4 ) inch in diameter embedded three ( 3 ) inched in the monument shall be placed at the exact intersection pui,it on the monument . The roonuments shall he set at su. , an elevation that they will not be disturoed during eonitruction , and the top of the monument shall not be lass than twaive ; 1 . ) inches below the finished ground level , 3. Markers Lot .na+'kdrs shall be I five• lis'ntn3 % i; 3 ) inch 01inf,) : . .:'.g bar , eighteen ( 13 ) inches long , or approved equal , and steal : .e placad at all lot corners flusn with tna grouna , or oelou ; r :t�nd if necessary in order to avoid being oi3turbad , C . 3enr,h 'larks .tihere no benc,n nark is estanlI5hea or an oe soun im three hundred ( 30)) feet of the ooundary of the 3uDdirIi ,l sue:i Tench narKOr inaLI ')a a5 tabs lsnad to 3 iea Tha heneh ,nark shaii be estaolished '3pon a permanent it: or ➢a;: be set d9 a 7onument , and inall he read : , + lCCe33 i) la 3..'.1 i t , fiinIa on th ; raund . A, ticla 1 ? 1 . 3evelopment 7n cx: st .ng Lo ' s T',ia' •rere Previously ,kpprovad 8y , tne , i ' , . t i3 the po: iz. l of the ; ity of Da r,ton 'hat rode :aio�ne: t -i existing 1 )t$ •4lthin the i, ity shall oe dncoura5ed, T)tis poll : PAGE "� to any person or direuostance is held Invalid by any court o£ competent jurisdiction , sucn holding shall not .effect the validity o( the remaining portions of this ordinance , and the City Council of the City of Denton , T4xas , hereby declares it would nave enacted such remaining portions despite any such lnva:idity , SECTION IV. Tliat all ordinances or parts of ordinances in conflict xith the provisions of this ordinance art hereby repealed . SECTION V. That this ordinance shall b4come effective fourteen ( it ) days from the date of Its passage , and the City Secretary is hereby directed to cause the caption of this ordln .ce to be published twice In the Denton R4cord•Chronicie , the off lcial newspaper ) f the City of Denton, Texas, rithin ten ( 10 ) aays of the date of its passage. PASSED k, D APPROVED this the _ _ day of 1913 . i 4, AA z VK CITY OF DENTON , TEXAS .ATTEST ; 3 a CKkRLO T E " " ' Sec AA' . 1 CITY OF DE,MS, TEXAS s ?,PP,ROV :D AS TO L''ZGAL NRA; C . 1 , TAYLOR, JR. D1TY .ATTORNEY C,TY OF DENTON , TEXAS PAGE .'S r ; shell apply to lots that have previously been plattad andr'ur F developed and are now currently being_ redeveloped . For such area the existing community facilities of streets , water and sewer shall oe considered the responsibility of the City and shall be upgraded as funds are available and/or during the regular assess• ment program. For arias where toning has been changed significantly Pram the time of original platting or development , the full require- ments of this subdivisionidsvelopment ordinance shall oe applied , including all required improvameuts and facilities . A toning change from single family to aulti -family , commercial or industrial is doomed a significant change for the purpose of this Article , Article 4 , 22 , Filing Fees No preliminary or final plat , replat , or ;eneraI development plan shall be accepted for filing for review oy 'the Planning and �oning Comyission unIais tad person 4tshIng tb fila such plat , replat , or plan first paps to the Director of planning and Co, ,- munity Devalopment a filing fee of fifty- Fivs dollars ( ;Si - OV ; provided , however , that in cases where a replat is to oe filed and state law requires notification of lot )wriers becausd such proposed replat the fill,; fee shall he one hundred ten dollars ( $110 , GO ) , in Addition t,� a iee of two dollars per lot owner required to be notified , SECTION 11 That any person violating an, of the Pr-,visions )f this ordinance snail , upon . .nv%,:tion , oe fined a sum not a.ccaeI Tao Nundrad Dollars ( 5100 , 1)1) and each da An every uav tn,, : tae prVVi310ns ,)f this )rdinan4e are vk lated 3113 la "1661 tut : .1 separate and distinct offense, This ,�analty is in iaa ; ti )n . . and cumulative of , any ,):her remedias as zal oe ; � and equit;i , SECTi1,N iII , Tinat it any i:CtiSn , iubie , ti Jn, 7 1 r a i r J. in , clause , phra6i or ,fiord In this -:rdininaa , or apply-*at i �)n :her: . . ?ASE 74 Juty 198 CITY COUNCIL AGENDA ITEM SUAJECT: Consider ordinance Amendment to Chapter 25 of the Code of Urdinances of the City of Denton , 'Texas Providing New Water and 5ewcr Tapping Eees for Water and Sewer Service ; Kopealing Conflicting Ordinance ; Providing a Severability Clause ; and Declaring an Effective Date. SUMMAKY : Since this ordinance was last revised , the cost of pip +ng materials and labor has exceeded the City fee by +10x. 1 ,. Utility Department must receive sufficient tap fees to balance tap expenditures . Asphalt , concrete and other materials associated with this work have also increased approximately 20'x. 0 !` fI'SCAL SUMMARY ] Not applicable . ACTION KEqulKED ; Approve or disapprove subject ordinance . 'KLCOKMENDATION s The Public Utilities Board , at their meeting of June 23 , 1983 , recommended to the City Council Chet this increase in tap tees be approved , Respectfully,, I k r Ze(ison E , Director of Utilities EXHIBIT 1 existing Ordinance lI Proposed Ordinance 111 Minutes of PUB cqeeting of June 23 , 1983 i 2224U/8 140 � � 1*41T 14X1STINS 040MANC9 INANCd ANINDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THS CITY Of TEXAS PROVIDING NEW WATER AND SEWER TAPPING PEES AND NEW SERVICE CHARGBS fOR ` NATIR AND SEWER SE1Y1 IIt REPEALING CONFLICTING ORDINANCES: DING A SEVIRASILITY CLAUSE : AND DECLARING AN EFFECTIVE DAM T COUNCIL OF THE CITY OF DENTON, TEXAS, HEREIN ORDAINS: PART 16 That the Code of Ordinances of the City of Denton, Texas , is hereby meh4ed and changed in the following particulars : (1) Chapter 2S . Article I , Section 2S- 7 is hereby ascended by providing new rates for "Water Tapping Fees" , "Water Meter Loops" and "Sewer Tapping Fees" as follows : WATER TAPPING FEES (including meter loop) Size of Tap Paved Street Unpaved Street ' 3/4 inch $365400 $ 320 . 00 1 inch 395 . 00 340. 00 1 '1/2 inch 595. 00 S40. 00 2 inch 700. 00 645. 00 Taps over two (2) inches will be cost of material labor and equipment. WATER METER LOOPS 3/4 - inch - $ 90. 00 1 inch 150 . 00 f 1 1/ 2 inch 26S . 00 2 inch_ 350 . 00 SEWER TAPPING FEES Size of Tap Paved Street Unpaved Street 4 inch $ 290. 00 $235 . 00 6 inch 295. 00 240. 00 8 inch 31S . 00 260. 00 10 inch 325 . 00 270 . 00 Tapping fees 4n addition to other fees ., The tapping fees established herein shall be in addition to pro rata cost icharges or any other charges provided by ordinance. 3" Water meter and tap $ 20358 . 00 4" Water meter and tap $ 2096S . 00 I I PrW04 Ord;nknce AN ORDINANCE AMENDING CHAPTER 2S OP TWA CODE OF ORDINANCES OF TVE CITY OF DENTON TEXAS, PROVIDING NEW WATER AND SEWER TAPPING FIIaS FOR WATER AN6 SEWER SEAVICE; REPEALING ALL ORDINANCES IN CONFLICT THEAEWITN; PROVIDING A SEVERASILITY CLAUSE; AND DECLARING AN AFFECTIVE DATE, THE COUNCIL OF THE CITY OF DBNTON, TEXAS, HERESY ORDAINSI PART i That Section 25.71 Article I , of Chapter 2S of the Code of , Ordinances of the City of Denton, Texas , is hereby amended to read as follows: "Section 25.7. WATER AND SEWER MAIN TAPPING CHARGAS Utilities dooarte4ot to moke all taps , The utilities dip r mTf' nTfttS SI upon pp .at on $no payment of the required fees make all taps of water and sewer mains required to extend service from the main to a point Immediately behind the curblins of the street and it shall be unlawful for any person other than an employee of the city to tap any water or sewer main or cut any street surface for the purpose of making such a tap, Tappinit and meter to fees, Any person, association o persons , or corporal on esiring a .rater or sewer main tap or water meter loop shall pay to the utilities department , in advance, the following fees: WATER TAPPING FEES (Including Meter Loop) Site of Tap Paver d Street Unpaved Street 3/4 inch $440 . 00 $355 .00 1 inch $47S .00 $375 .00 1.1/2 inch $710.00 $595 .00 2 inch $850.00 $710 .00 4 inch tap with 3 inch compound meter 3 vault $3 ,114 , 00 $2 ,59S .00 4 inch tap wish 4 inch compound meter b vault $3 ,913 , 00 $3 ,260.00 Taps over four ( 4) inches will b.' cost of material , labor and equipment plus 201. WATER METER LOOPS 3/4 inch $ 90 .00 1 inch $180 . 00 1. 1/ 2 inch $320 .00 2 inch $420. 00 SEWER TAPPING PEES Size of Tap Paved Street Unpaved Street 4 inch $315 . 00 $260 .00 6 inch $320. 00 S26S . 00 8 inch 534S . 00 S28S .00 10 inch 3360 . 00 $300 .00 WATT TAPS W ROUT LOOP to of ?so %Le d $%rest Unpave Stjeet 2 inch with valve 1 saddle $ 36S 00 SS0.00 y inch with valve 6 saddle $ 925.00 700;00 6 inch with valve 1 saddle $ 119 .00825.00 g inch with valve i saddle $1 ,W S .00 080400 10 inch with valve O saddle $1 ,123 .00 5935.00 12 inch with valve 8 saddle $1 , 190,00 6990 ,00 Tapping fees in addition to other fees, The tapping fees established herein shall be in addition to Pro rata cost charges or any other charges provided by ordinance. PAIRT I I . That if any section, subsection, paragraph, sentence , clause , phrase or word in this ordinance , or Application thereof to any person or circumstances is held invalid by any court of competent Jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance , and the City Council of the City of Denton, Texas , hereby declares it would have enacted such remaining portions despite any such Invalidity, PART III . That this ordinance shall become effective on the day of , 1963 , and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle , the official newspaper of the City of Denton, Texas within ten ( 10) days of the date of its passage. PASSED AND APPROVED this the day of 1983 . RICHARD 0 . h , AAYOR CITY OF DENTON, TEXAS ATTEST : CRARLOTTE ALLEN, .IfY it CITY OF DENTON , TEXAS APPROVED AS TO LEGAL FORM: C. J . TAYLOR , JR . , CITY ATTORNEY CIrY OF DENTON , TEXAS SY : z L `Z. PUB HINMI 6123/831 5 Z ITY48 " e s motion o postpone cons a to on o "aaaac . Se cond by Coomes , tour eyes , no n4yes , motion carried • b . THE CODE OF LOVIDING NEW WATER Y Of DEN P : arM tee a ar n s mane • or annua rev ew of these tees and recommended that , wince the costs of these services had risen, the new fee schedule as delineated to the proposed ordinance be recommended by the Board for adoption by the City Council. After a brief discussion , Cryan so motioned * Second by herring, four ayes , no naye$ $ motion carried . 7 . Q - advised the oar at wor I on this item was substantially complete , and that a similar retaiaag* reduction was approved by the board for Contract C of the same bid award. Ham recommended the Board a prove retainage reduction from 5% to lx. Cryan so motioned . �econd by herring , four ayes , no nayes , motion carried . 8 . D5US I OCURJN2 ENgJNE&fi1NG SERVICE FOR WATZR4WASTEWATER S X : Nelson advised t o Board that the water wastewater fund was experiencing , acute and recurring cost-recovery problems and recommended a rate study be undertaken to assess the need for a rate adjustment . Nelson further stated that current manpower constraints within the Utility Department precluded an in-house study and recommended a consulting agency be engaged for this purpose. Nelson advised that Gilbert was presently conducting an Electric Rate Study and that the Staff was pleased with the results so far . Nelson suggested that either Gilbert be retained , another consultant be retained , or proposals from several consultants be solicited . Discussion followed with the Board tentatively a reeing to retain Gilbert Associates , Inc . , for the study , contingent upon a more detailed proposal to be submitted at a later date . The Board then expressed its desire to develop more formal consultant retention procedures in the future , but the Board concluded that time constraints tai rt preclude a request for proposal process in this case. No urthot action was taken on this item. 2218U/2 m zF, r itHigLAS, the Texas Legislature in its recent session created A f new position on the Fort Worth Court of Appeals , the district for which includes Denton County ; and WHEREAS , Judge 'n , C . Boyd of the loth Judicial District Court , Denton County , has made application to be appointed by the Governor to this position ; and nHEREAS , Denton County , with approximately twelve percent of the population of the district in which the Fort worth Court of Appeals sits , is not currently represented oh that Court and has not been ra resented in more than twenty years , while, Tarrant County, , with sixty - six percent of the district ' s population, currently has eiiiity- three percent of the Court 's lilelnbtirshiV and i WHL'•RBAS, Judge W . C- Boyd is a judge of superior capabilities, A legal scholar of treat experience anu learning , and is very wetI- qualified to be appointed to tilts position; and WHEREAS, Judge W , L . Boyd is well - vvrsed In both civil and criminal law, having had jurisdiction over both areas in his eighteen years an nine months on the district bench; and WHEREAS , Judge W . C, Boyd enjoys an excellent reputation in the legal profession in the Dallas-Fort Worth Wetroptex ; tiuw rHEREFURE, BE I RESOLVED BY THb CITE' CuU? CIL OF VRE CITY DENT:; 1'E\AS, THAI` t SECTIUS I . The ' its COuncII of the City of Denton urges Governor ?lark y White to appoint the Honorable A . C. Boyd, Judge of the 14th Judicial District Gourt of Denton County , texas , to the present pp vac,nrcv yin cite Fort 'worth Court of Appeals , i aECTIUN 1I . That a ropy if this Resolution be forwarded to the Hono,abie dark white , .Attorney udnural of the State of Texas in ouhatf of 'doy'J PA3.SED .AND APPROVED this the sth day of July , 10 3 , ;rruTTARD u . , O E CITY OF UHN'ros , rE\As F ATTEST , clrr OF DEN ;~,,` , r1:Xr1S APPROVED Ai LEGAL PORN;: C . J . rATLOit , JR• , CI1',' AI'r0RSEY C ; CY OF DLNTON , IE,XAS OF r CITY COUNCIL AG"PA BACK-UP SWjWY MET Meeting Date : July 5 , 1983 ' City Council Agenda Item # Subject : Ihsti. tute annexation pproceedings on a 491 , 13 acre tract of land located on the s south side of Jim Christal Road . (4-1578) Summary . Lars* lot residential development is pro- osed on the western 260 acres of this 91 , 13 act* tract lying outside the city limit , Developmont plane for the portion of the tract east of Hickory Creek are unknown * The proposed residential development is approximately five ( 5) miles west of Carroll Boulevard and consists of 35 lots which will &anerate approximately 350 vehicle trips per day . Access to and from the subdivision will primarily impact Jim Christal Road and Egan Road . If the developer is required to improve Jim Christal toad along the frontage of f the subdivision , the cost would be approxi - mately $100 , 000 . The land east of the creek to our existing city limit lies within an aircraft noise a exposure contour delineated by an en4ine- ering consulting firm. Having this area inside the city will enhance our ability to control future land uses . Action Required ; Move to approve institution of annexation proceedings . Z11j7puncil Backup July 5 , 1943 Alternatives : 1 . Institute proceedings on the entire 491013 ecre tract • 2 . Reduce the siae of the area to be annexed , and institute proceedings . 3 . Discontinue annexation action . Source of Fundas Department budgets . Recommendation ! The Planning and Community Development Department recommends deletion of the western 260 acres because of the low density of the proposed develo ant , and the distance from fire and police servicea , Exhibits : 1 . Ordinance 2 . Map 3 . Service plan 4 . Planning and Zoning Commission minutes of meeting of June 1 , 1483 UA Charles a , ` Senlor rianner 3 i t i NO , AN ORDINANCE. ANNgXI\G A TRACT OF 6A11J CONTIGUOUS UND AAJACANT TO THE CITY OM DENTON, TEXAS ' 11TO ALL THAT LOT TRACT OR PARCEL OF LAND CO�ISiSTiHO OF APPRO�IMATLY 591, 13 ACRIA OF LAND LYING AND BEING SITUATED IN THE COUNTY OF OENTON, M%T8 OF TBXAB A440 BEING PART OF THa w , DAVIS SURVEY ABSTRACT No . 37*7 , 3, MbYERS SURVEY , ABSTRACT !41 AND TNB .�, MILLER 5URVbY, ABSTRACT N0 , 967, DENTON COUNTY, TEXAS ; CLASSIFYING THE SAME AS AGRICULTURAL ".A" DISTRICT PROPERTY ; AND DECLARING AN EFFECTIVE DATE. WHEREAS, 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, Texas ; and WHEREAS, an opportunity was afforded , at a public hearing held for that purpose on the 7th day of June , 1985 In the Council Chambers for all interested persona to stet+ their views and present evidence bearing upon the annexation pravided by this ordinance; and 'WHBREAS, an opportunity was afforded, at a p-ibiic hearing held far t ,at purpose on the 'th I day of June , 1933 upon the property hereinafter described in this annexation ordinance for all interested persons to state their views and present evidence bearlug upon the annexation provided by this ordinance ; and WHEREAS , this ordinance has been published in full at least one time in the official newspaper of the City of Denton , Texas , prior to its eifeet :ve date , and after the public hearings ; YOh THEREFORE, THE COUNCIL OF THE CITY OF DENTON , TEXAi , HRREBY SRDAINS : SECTION I . That the hereinafter described tract of land oe , and the same is hereby annexed to the City of Denton, Texas , and the same is ,%ade hereby a part of said City and the ;and and the present and future inhabitants thereof shall be antitied to all the rights and privileges of other citizens of said City and shall be bound by the acts and ordinances ,f said Clty now in effect or which nay hereafter )e enacted and the property : • 15"9 • n.>G8 ONE situated therein shall be subjiect to and shall bear its prorate Part of the taxes levied by the City. The tract of land hereby annexed it described as (ollows, 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 Abstract No. $43 Andrthep A. Millar Survey77'Abst,ractyVO. 047vand being mare particularly describeq as follows : BEGINNING at a point in the present city limits as established by Ordinance No. 64.401 Tract I, said point lying in east boundary line of said Davis Survey, said point also being an inner ell corner of a tract of land conveyyed to Denton Properties Joint Venture by deed recorded in Voluat0 1191, page 521 , said point also being the northeast corner of a tract of land conveyed to ,Malcolm 4, Long by deed recorded in Voluae 339 , Page $89 of the Deed Records of Genton County , Texas ; THENCE south 89028' ls,, west 23$9, 92 feet corner ; to a point for a THENCE north UooS ' S4,, west 600. 48 feet to a point for a corner ; THENCE west 5295 . 60 feet to a point for a corner in the east line of 'Wolfe Road ; THENCE north 0015 , east 2664, 35 feet along the east line of Wolfe Road to a point for a corner in the center of Jim Christal Road ; THENCE along the center of Jim Christal Road the following fourteen courses and distances : { 1 ) north 89'0 ' east 1S3U. 0 944.0 ifeet -,north) eeastl Sll east ,0 feet ( 5 )t South north $8°0' S easut , e90. 0 feet ; ( 6) south Ss°o' east, 316.0 feet ; ( 7) east Soo . o feet to the beginning of a curve ; ( 8) southeasterly 50. 29 feet alon said curve to the right having a radius of 11p90, 10 feet , chorI south east , 368 .19 �feet feet the beglnningoof to curve ; ( 10) southeasterly 260 . 60 feet along said curve to the left having a radius of 553, 02 feet, chord bears, south 78 40101° east 258 . 1 feet to a point of tangency ; ( IL ) north 38 030 ' east , of 13) 2a curve ; (( ) southeasterly 339, oa feet Along toatcur eegtontha right having a radius of 1059, 69 feet , chord bears , south 32° 10 east 33763 feet to a point of tangency ; (14) south '3°0 ' east 200. 0 feet to a point for a corner in the present tit), limits as established by Ordinance No . 69-40, Tract 1 ; THENCE south along the present city limits a distance of 2985 . ;2 feet to the place of beginning and containing 491. 13 acres of land , more or less . SECTION 11 , The above described property is hereby classified 23 Agricultural "A" District and shall so appear on the officiai zoning map of the City of Denton , Texas , which .nap is hereby amended accordingly , 2 15i3 PAGE Two !F I 48CTI„�ww ON iI2 i This ordinance !hall be effectiYo imsedi&tolY upon Its pass&$$. Introduced before the City Council on the 9th ds;: of Ju � Ju,1,,y . 1983, PASSED AND APPROVED by the City Council on the day of 1983 . , MATOK CITY OF DBNTON, TEYr1S ATTEST: CWLUITb ,, , G R^hCT6TXKF CITY OF DENTON, TE!GIS APPROVED AS TO LEGAL PORN ; C. J. TAYLOR, JR. , CITY ATTORNEY CITY OF DENTON, MW w 8Y. 1 Z •1i78-FACE THREE � r •tea r � o � Oil Ift •or KAUM AS -1 OAF 1 • e w ¢ ' . . . .1 r 14 Stop, Rd, • • w •� ••W m C11r 1 4 • 1Vr: h 3 C • �,� : , a e ` • 'Tt Z . _ .. ¢ • to _; � � . y.�y - • . :� ,-.. •.!'7•F� � . • � ' / i to LL n r PONDER _ aRa. C , ) 1� - : C e►• � �' j 441 O'di. YID ?r�A C y- � • .- ,, r. ri rf r Y• it � � �7 � � - � �; I - �: . � fit, � ,\ { • • r . AW1'-A�:W'M AILAIL.yt tipi� �t i- a40--MM ML-4 p •� • , eat y '� H . Liv•Ir Re 1 d, ► '� • • 3 , • l e IF .3- 1578 ` MI y o ��• All'ad • 41 n �' JIM M=NWW � d SQ M • ' fir I e � d� ' /NORTHL4KE iC M' ;, wam Jl ftirt :I eei pnp 2') _ r� r a ♦ 4' r � J ..,�+ Crawford Rd. . � r � r ,w �.- � . _. �•� wti ■ _. . — .. .w 4 1 a OAK 2z BLY191 r2A AMID AUA, 911y •iRIM, I WHIMS, Article 974a as amended requires that a plan of servics be adopted by the governing body of a city prior to passMW of sir o rdtdai se annexing an area ; and MHER.ASo the City of Denton is contemplating aon#mt"a of as area which is bounded as shown on a map of the proposed aunowt non , NAM , 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 ad"ted 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 preseat personn*l 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 tine 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 . xvico Plan sexed Axe64 s two T, •treete ( 1 ) Emorgoacy maixt•nance of streets (repair of ;bssardous chuckholes , measures necessary for traffic flow , etc * ) will begin on the effective date of annexation. (2) Routioe 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 beady , 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 . 3 J. Recreation j ( 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 . E N►r♦►io• �i�a Ae tmW Areas Page three 3 L,, Miscellaneous (1 ) Street name signs where needed will be installed within approximately 8 months after the effective date of annexations Its 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 . p ( Z ) Impact on the balanced growth policy of the city , ( 3 ) Impact on overall city economics . The annexed area will be considered for CIP planning in the upcoming CIP plan , which will be no longer than one year from the date of annexation . In this new CIP planning year the annexation area will be ,fudged accordingly to the same 1 established criteria as all other areas of the city . a i i Minutas Planning and Zoning commission June 1 , 1983 A special called meeting of the Planning and zoning Commission of the City of Denton , Texas was held on Wednesday , June 1 , 1983s at 7 . 00 p.m . , in the City Council Conference Room of the Municipal Building . Present , bill Claiborne , Ruby Cole R . B . Escue , Jr . , Gary Juren , Robert LaForte and Andy Sidor Absent : Marilyn Mays Present from Staffs Charles Watkins , Senior Planner ; Jerry Clark , Senior Civil Engineer , and Audrey Bachman , secretary Chairman Robert LaPorte called the meeting to order . I . Approval of the final plat of The Residenco , lot 1 , block A, and lot 1 , block b . Mr , Watkins explained request stating that property is lo- cated north of Londonderry Lane and west of Teasley , that property is zoned multi- family and multi- family development is anticipated . All subdivision requirements have been sat- isfied and Development Review Committee recommends approval . Fred Donaldson , petitioner , was present in support of request . Mr . Juren moved to recommend approval of the final plat of The Residence , lot 1 , block A, and lot 1 , Block B . Seconded by Mr . Escue and unanimously carried . (6-0) II . Recommend ap roval of the annexation of a tract of land consisting opf approximately 491 . 13 acres located along the south side of J,m Christal Road and the west side of Masch Branch Road . (Z- 1578) Mr . Watkins advised that department has received a prelimi - nary plat to subdivide a portion of this property into 35 lots of one to 14 acres each . He said the area is located approximately one mile northwest of end of runway which run - way will probably be extended to 6 , 000 feet at some future date . He said staff was concerned about noise considerations and went to City Council ; since city cannot control land uses if property is left outside ETJ , City Council said to go ahead with annexation as they want to be able to protect future residents of area from noise hazards . Mr . Watkins discussed the possibility of implementing a type of airport Minutes Planning and Zoning Commission June 1 , 1983 Pa;e 2 zoning which allows cities to zone airport area for a dis� tanee of five miles from ends of runways . He said this would allow city to zone area for comppatible land uses even though it is in county . The area would be divided into two zones , the outer zone being the least hazardous insofar as noise is concerned . The controlled area would include only about one third of this proposed subdivision . He said at this time he i,s not convinced that there would be any par- ticular noise hazards for this development . Mr . Watkins continued that proposed development would gsne- rate 350 vehicle trips per day which traffic would impact Jim Christal Road . He said that if property is annexed city would have a better chance for participation in improving Jim Christal Road , however , there would be no guarantee . He said that Planning and Community Develoment Department recom mends going ahead with annexation in hopes of getting some participation on Jim Christal Road . On question by Mr . Juren he said that Barworth Corporation will improve roads hooking up with Jim Christal Road as their area is developed . He also suggested that the southern half of Jim Christal Road be deleted from annexation as that section is not proposed for subdivision ; therefore , there would be no hope in get - ting participation in improvin Jim Christal Read . if it was included , maintenance would be a city res, onsi�ility and city does not need additional responsibility . On question , Mr . Watkins said that developer did not indi - cate on plat how he plans to serve area with water and sewer . He said there is no requirement to tie into city services , that if private wells are used there are standards to be met . Mr . Clark advised that devloper could tie on , it k would ,just be more expensive , On question , Mr . Watkins said he had discussed annexation with the representative of the developer , George Hopkins . Mr . LaForte commented that unless there is a problem ' he didn ' t see any reason to burden residents with annexation . Mr . Watkins said that if property is annexed , it will be zoned agricultural "A" which would allow then to develop as proposed , residences on one acre or more . On question , 'he said he didn ' t know whether developer will build the homes himself or sell lots . He summarized reasons for recommend- ing annexation as : 1) an attempt to get some developer participation in improving the road because of traffic generated by this development and 2) a concern about noise considerations on portion of property not proposed for sub- division . He said that the approach to airport goes down Masch Branch Road . a Minutes P anning and zoning Commission June 1 , 1483 Page 3 Mr . Claiborne asked about urpose of 6 , 000 foot runway and Mr . Watkins answered that there has been an interest in being able to handle it aircraft as a relief for DFW airport . Mr . Claibo t said he aggreed that ,het aircraft should be controlled it he questioned whether propeller driven aircraft would generate enough noise for concern. Mr . Watkins advised that a resolution is on City Council agenda to appoint this body as Airport Zoning Commission in which case commission would be charged with evaluating and making recommendations on whatever land use controls are needed in this area . Participation in improving Jim Christel Road was further discussed and Mr . Watkins repeated that developer would only be reqquired to participate on that portion fronting his subdivision . He agreed that if the southern half of Jim Christal Road is deleted from annexation , requests for Improvement would have to be referred to County Commis- sioner . Mr . LaForte commented that he wasn ' t in favor of another Robinson Road situation . Mr . Clark advised that the city street maintenance fund was not enough to take care of streets in city at the present time . Mr . LaForte commented that would be a reason not to annex area . Mr . Escue com- mented that if area was not annexed , city would have no responsibility . On question , Mr . Watkins said City Council did not have a lot of information when staff was instructed to proceed with annexation , that staff now has additional information to offer . The possibility of additional development in the general area was discussed and Mr . Watkins advisea that city will probably wind up getting the whole road in the city with no participation if area is not annexed now. Mr . LaForte commented that if developer improves his portion of road , then the city should consider improving the whole road back to the service road . Mr . Watkins further explained that under existing subdivi- sion regulations , developer is required to build interior streets according to city specifications ; however , he doesn ' t have to participate in developing perimeter streets if property is developed while outside the city . He further stated that under new subdivision regulations , which will be on city council agenda for adoption soon , d%veloper can develop accordin to county standards . He said that pre- liminary plat which has been submitted will go to City Council for approval since area is under consideration for annexation ; if developer completes final plat process before final annexation takes place , then area can be developed Minutes Planning and Zoning Commission June 1 , 1983 Page 4 according to ETJ standards . He said that annexation does not guarantee particp.ation in the road , only gives the city that possibility , Chairman commented that staff makes a good argument because of anticipated development , however , it would be putting a lot of pressure on cite to improve Jim Christal Road for a distance of about 3 1/2 miles . Mr . Watkins pointed out that a 1 , 000 acre block exists be - tween ,xisting city limits and this proposal , on question , he said that this area was proposed for annexation at one Lime but was not annexed because two City Council members voted against it . He said that area will again be included in a proposed annexation to be discussed at a ,joint Planning and Zoning Commission and City Council meeting on June 14 . Mr , LaPorte commented that it would put a burden on other people if the 1 , 000 acre area was not also annexed , that with it there would be more participation for Jim Christal Road . imt , Clark asked about possibility of government money because of airport and Mr . Watkins answered that government is very supportive of moving toward zoning around airports , that annexing wouldn ' t hurt chances of getting grant money . Egan Road as the primary access to subdivision was discussed and Mr . Clark suggested possibility of developer building a portion of the drainage channel to allow for development of additional lots . He said that city could not require build - ing the channel as a condition of subdivision but developer might want to save some of his land . Mr . Sidor stated that consistent with what Planning and Zoning Commission has done in past to initiate annexation where development is imminent , he moved to recommend annexa- tion of approximately 491 . 13 acres . Mr . Claiborne seconded the !motion stating he is concerned about the 1 , 000 acre block area in middle . On question , Mr . Wc, tkins said that he plans to include that 1 , 000 acre block area in middle in the proposal of June 14 . vote was called and motion unanimously carried . (6- 0) July 5 , 1983 GI'IY COUNCIL AGEIIUA ITEM SU1JJLC'[ s Consider Authorization of Increase in Upper Limit for Purchase o •der 55 97 make Lewisville ) and Purchase Urder-' ff a v 1Zo be i t s t off"" T a�"Tc c`N Veatch for Engi ne e r i ng Assistance with Federal Energy Regulatory Commission ( FLKC) for Hydroelectric Facilities . SUMMAKY : on October 5 , 1982 , the City entered into a contract in the amount of $ 51000 with black and Veatch to provide engineering assistance with FhRC licensing; for Lake Lewisville and Ray Roberts hydroelectric facilities . Tke Federal Energy Regulatory Commission staff is still in the review process on these licensing applications , although we are expecting a decision on licensing; by August or September 1983 . To date , $4 , 977 , 19 has been expended on the original $ 5 , 000 contract . It is estimated that it may take an additional $ 1 , 000 to complete the engineering coordination work with bh RC . It is recommended that the present engineering; services contract be amended and increased by $ 1 , 000 , FISCAL SUiNNARY 'the teei charged will be on a per hour basis , based on standard black and Veatch engineering rates and multipliers with the purchase orders amended to state "not to exceed amount of $6 , 000" , ACTION RMl UIRED : Recotranendation by the City Council of approval or disapproval of amending subject agreement with black and Veatch for engineering; services . ALTERNATIVES : 1 . Approve amending original engineering retainer contract . 2 , issue individual purchase orders to Black and Veatch on an "as needed " basis . 22240 /4 RECOMMENDATION : The Public Utilities Board , at their meeting of June 23 , 1983 , recommended to the City Council that the original contract with Black and Veatch be amended to n "not to exceed amount of $6 , 000" . Respectfully , R . L , Nelson Director of Utilities Lxi11Ei1 'f I Letter tram Black & Veatch- 5/6 /83 11 Purchase Orders III Gen . Agreement for Engineering Services -Slack & Veatch 1V Minutes of PUB Meeting of June 23 , 1983 2224U •• 5 BLACK VRATC H TRL. (013) ca740oa CONaULTINO KN(JINaRRt3 TRLLY 42 0203 1000 MRADOW LAKR MAIIKWAY 4411,11414 ADON9641 FA- pM NO- X404 KANRA• CITY, AII1116OUKI X4114 City of Denton, Texas B&V Project 10567,030 Ray Roberts Hydroelectric Project B&v File 10567 , 11 ,0202 Monthly Invoice June 9 , 1983 City of Denton Municipal Building 215 Bast McKinney Ironton, Texas 76501 Attentiont Mr. R. E. Nelson Director of Utilities Gentlemen: • Accompanying this letter is our Invoice 10567 , 030-06-3-523 for engineering services associated with licensing assistance performed during the May , 1983 billing period, Please note that we have now expended $2 ,485 , 77 of the $2,500,00 authorization for this project , We request that you increase the authorized upper limit for this effort . We appreciate the opportunity to continue to serve you on this project , J L& V"EAT y urs , D. F, Guyo� tah Enclosure R LAC K b VKATCH Tt4. (413) 067.2000 CONiUI.TINQ KNQ:NKrRS Tu4Rx 42.6268 1600 MKAOOW LAKC PARKWAY WAWNO ACORMI P.O. WR NO. $404 KANSA• CITY, MISWURI 44114 City of Denton, Texas BO Project 10566.030 Lewisville, 1{ydroslectric Project B&V File 10566 , 11.0202 Monthly Invoice June 9 , 1983 City of Denton Municipal Building 215 East McKinney Denton, Texas 76501 Attention: Mr. R. B. Nelson Director of Utilities Gentlemen: • Accompanying this letter is our Invoice 10566.030-06-3-522 for engineering services associated with licensing assistance performed during the May , 1983 billing period, please note that we have now expended $2,491. 42 of the $2 , 500 .00 authorization For this project. We request that you increase the authorized upper limit for this effort . We appreciate the opportunity to cc nue to serve you on this project . Ve tr you s , BLA V TC yot tab Enclosure ' .wYrr'+Ir��Mir. ,. .1 �� .�• V�/�..`: "\t�'1f� ♦ � �.��'.M� '+ r� `�� ♦ � r �. arrY c�ou�♦re�G���p.tii/awc�ywy�s�l�a aell~�' 60 r , PUMASK ORO�R. ' MIN � ''� ,(r/ilfITiPl1"'�i •11 . ' "1'1 i� 1 it,.y���, r, ,.fir\ .•. 1 .. L. ; 4 . • F OCT //�a,1���••.- /� 1 1 I :M +x '11 Y: •. , � • � y ` 017mimi. O/IM/ MrtrrW4442 '` oAne wN.o�Rq. WNW MxI. f10 PAW Ire !.ANN\1' ,M w1 •I ,w ,. OF 0 MIM�r.wi !..�b1•r w!�I T �R�'i t` , 1� ,r 11 •:.w►+4 y\a .f ,* of YRiitial Y. LM SFIOW P,O.NO.OMAa.l.SHIPM[NYY,ORLIV[RY TfCKRS.INVOICL4 [10.Sink? INVOICtS TO ACCOUNTS PAYA[I.L,TH[ 0" OF OCHTON. TLXAS it [X.M►1 IrROM•SAkAS '1'AX'A$ P[R HOU$9'Si44 *t0.THi OITY OP•O[NTOW Is PROHINITRf7 KRCM PAYING POR M[ROHANOIS[ M#0R[YT It R[CVVM ALL.SHIPMSMTS MUST OIL R,O.NwO1TYOi O[NTON, T[XAi. , IrVMI CITY STOCK HUMttR• "'E� .' OLSmPTIQN' QUANdVNIT PRIC[ AMOUNT Mae ow I to" "a i41 A.. . + .r , 4.tlr' '1.Y I c 't „a '. .� •��y/►► . 1♦5 ' Y I ,, . . .. `or `—A,�f./�.• . _ a,���•,,,,, f1a•,i1,fr.L•.: .tea R. .Ly �,,. ....t - . •.'. . • _ , �"� �v�/� nom. .. �r�j,=''� •r'. ,./w rl-,; .a, y .., _ .. • t , � ;1 e4 ,�. ! �>�M� a .S„[C• x ..r}yiy! r1..r r.n 1 ., ♦ I, I' l fat ^ a , ,r, ' , -", r dr. 1 �., +�.y , r 1'.d a y e r �, •'r.r _ , Y i OrP crAll loqulrl'' To CITY OF OENTON, PURCHASING DEPT. .�'�• ``�-,i f� fi., 1 John J. Mersheil, C.P,M„ Purchasing Agent Tole 0. Shaw, C.P.M., Asst. Pur&wing Agent arMar 49m* 1y1CHA3 ♦ , ��Il����r• �" �� h ! 1 '' i.'/'�/.L�t�.� IRY�'�1•��}y7�af r 1r}''.J 1' q} QEIY�pfl TR><iL7�i Qt' J .. l ' 'RR 1 X. ji y '>I•' .,~ „.. j i.} /'' t !r n7n��t' arnw MEeYO►;�lttoo4i' ' �.lar . 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ST � r " ' iS � Y 'ail t �C .r1 tee.. ,.. .• , •,CM ODOM= WOW / \ 1 , 5� ' 1. 1Ra, 1Y n. -' �; Y�4.r J• i r '�^\� �, aY'1'SI 1�I1Ir tti♦ r9 < • \r a.,la1,.4 ? ' Y.'i'. •t-� J 1. 'b '''Jrll , l r 1 / f e 1 .a ✓Y ' .l1.. 1r r .. .. / "� �• I / ,r 1 1 lltnbtAlF fhqulr[as To:,, > r ' l Cr Y OF D�NTON, PURCHASING DEPT. John J. Marshall, C.P,K, Purdadng Agent 1 / '.rlt'.�•�' 't� Tole D. Shaw, C.P•M., Asst. Purchasing Agent •/ r ' GENERAL AGREE1tiiENT FOR ENGINEERING SERVICES ��� THIS CONTRACT, effective the , , . .�Ui , , day of , , October, , , in the year Nineteen Hundred and Eighty-two, by and between the CITY OF DENTON, TEXAS, a municipal cor• potation organized and existing under the Home Rule Amendment to the Constitution of Texas (hereinafter referred to as the Owner), and BLACK & VEATCH CONSULTING ENGI• NEERS (hereinafter referred to as the Engineer), a partnership having principals registered as professional engineers in the State of Texas, with principal business office at Kansas City, Missouri, WITNESSM: WHEREAS, the Owner requires services of the Engineer from time to time to assist the Owner with requests and requirements of local, state, and federal regulatory agencies to obtain various licenses and permits required foi kne eonstruotion and operation of hydropower develo me n is at Lewisville Lake Dam and 'fay Roberts Reservoir Dam, and other services as may be required by the Owner on an as-needed-and-authorized basis, referred to hereinafter as the Services; arid, WHEREAS, the Engineer Is prepared to provide such Services, NOW THEREFORE, in consideration of the premises and the mutual covenants herein con- tained, the parties hereto agree as follows, ARTICLE I - SERVICES TO BE PERF'ORINJED BY THE ENGINEER The Engineer shall perform the Services when needed, as determined required, and authorized by the Owner. AR11CLE iI -- COMPENSATION The Owner shall pay to the Engineer for the performance of the Services the sum of the fotiow- ing amounts, ( 1 ) The amount of 2.0 times payroll costs of personnel applied to the Services. Payroll cost is defined as 1 ,25 times direct salary cost, (2) For all expenses incurred by the Engineer directly chargeable to the Servicet dered pursuant to this Contract, an amount equal to the actual out-of-pocket or standard charges for such expenses, Such expenses shall specifically Include, but are not necessarily limited to, the fuiiowing: (a) Long distance telephone expenses. j (b) Standard charges for operating time actually applied to the Services of the Engineer's computer center. other computer centers, and the Engineer's automated drafting systems. (c) Prints, reproductions, and printed documents at standard rates. (d) Reasonable traveling and living expenses for personnel, (e) The actual cost paid by the Engineer to third parties. (f) Other direct expenses related to the Services. ,� r The Engineer's fiscal month is from the 27th day of each month through the 214th day of the succeeding month, The Engineer will submit to the Owner monthly invoices for Services per- formed, Each Invoice will be submitted by about the fifteenth day of the month following the month during which such Services were performed, The Owner agrees to pay the Engineer's monthly invoice within 30 days after the Invoice Is received by the Owner, The Owner has the right to audit the time records and salaries of personnel and charges for direct expenses, ARTICLE III -- GEMRAL OBLIGATIONS OF THE ENGINEER The Engineer shall exercise the care, skill, and diligence customarily provided by a professional engineer in the performance of such Services for projects similar to the project contemplated hereunder, if any modifications or alterations are required to correct significant deviations from the quality of Services stipulated, the Engineer will, at no cost to the Owner, re-perform the necessary Services to correct such deviations, The Engineer agrees to defend and Indemnify the Owner against claims, loss, or damage which are the result of any accident caused by negligence associated with Services performed by the Engineer. The Engineer's liability shall be limited to the extent of the Engineer's available insurance coverage for such negligence. The Engineer shall have no liability to the Owner for loss of use damages incurred by the Company (including but not limited to loss of profits, cost of capital, cost of replacement power or similar damages) arising out of the Services performed, or neglected to be performed, by the Engineer under this Contract. The liability of the Engineer under the provisions of this Article shall not apply morn than two years after completion of the Services performed under this Contract. ARTICLE IV — INDEPENDENT CONTRACTOR The Engineer undertakes the performance of this Contract as an Independent contractor and shall be wholly responsible for the methods followed in the performance of the Services and, although the Owner shall have no right to supervise directly the methods used in the per- formance of the Services hereunder, its representative shalt have the right to inspect such Services during the performance thereof and shall approve same for the Owner. The Engineer shall work closely with the Owner in performing Services under this Contract. ARTICLE V — COMPLIANCE WITH LAWS The Engineer will, insofar as practical in the performance of Services, endeavor to comply with all applicable regulatory requirements including federal, state, and local laws, rules and regula- tions, codes, criteria, and standards. ARTICLE VI — QUALITY ASSURANCE The Engineer shall perform the Services in accordance with the Engineer's Qua!Ity Assurance Program, The Engineer's Quality Assurance Program shall be available for review by the Owner, ARTICLE VII -- INSURANCE During the performance of the Services under this Contract, the Engineer, for the protection of the Owner, shall maintain the following insurance, (1 ) Comprehensive General Liability Insurance with bodily injury limits of not less than SS00,000 for each occurrence and not less than 5500,000 In the aggregate, and with property damage limits of not less than S 100,000 for each occurrence and not less than S 100,000 in the aggregate, (2) Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not Iess than $500,000 for each accident, and with property damage llrnits of not less than 5100,000 for each occurrence, (3) Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $ 100,000 for each accident, The Engineer shall furnish the Owner certificates of insurance of the Engineer's insurance policies covering the stated liabilities, together with the provision that the same shall not be canceled without at least tan days' written notice to the Owner. ARTICLE VIII — OWNER'S RESPONSIBILITIES The Owner shall supply to the Engineer, either directly or indirectly from others, all available Information and data which is required by the Engineer. 'Thn Owner will be responsible for the following: ( 1 ) Approve ali procedures established to govern the relationships among the Owner, the Engineer, and third parties, (2) Make final engineering and planning decisions utilizing information supplied by the Engineer, (3) Provide designated personnel to represent the Owner ist matters involving the Engineer. ARTICLE IX — OWNERSHIP OF DOCUMENTS Reports, summaries, plans, and other documents arising out of this Contract shall be made available and supplied to the Owner for their use. Original notes, calculations and investigative information, and copies of other documents shall remain in the Ines of the Engineer. ARTICLE X — TERMINATION OF CONTRACT The Owner shall leave the right to terminate this Contract upon written notice to the Engineer, and :he Engineer shall terminate performance of Services on a schedule acceptable to the Owner. in the event of termination, the Owner shall pay the Engineer for all Services per- formed. ARTICLE XI — ASSIGNMENT This Contract shall not be assigned in whole or In part except as may be approved In writing by the Owner. IN WITNESS WHEREOF, the parties have executed this Contract by their duly authorized representatives effective the day and year Iirst above written. ATTEST . . . . . . . . . . . . . . . . . . . . . . CITY OF DENTON, T XAS BY Date TITLE TITTLE, . . . . . . . . . . . . . . . . . ATTEST: . . . . . . . . . . . . . . . . . . .... . . . BLACK & VEATCH CONSULTING ENGINEERS BY .(..> '/' �!trG�i2.- , By. .i„�. G�. . . Data TITLE i Z edc'• TITLE. . . 1i9,G'7NiY�'. . . . . . . . . . . . . . . . . . . "Nov �saz r B 1. A G K & VE A T C M �i ;� Tat,. 19131 907.2P00 ( CONSULTING ENGINEERS i '�� Tal xx 012.6263 1 1000 MEADOW LAKE PARKWAY MA,t,NO ADORL01; P 0 409 NO. $400 KAMSAV CITY. M14SOURI 601114 City of Denton, Texas B&v Project 9432 ,030 Lewisville Dam & Ray Roberts Dam November 1 , 1982 Hydropower Licensing Activities City of Denton , Texas Municipal Building Denton, Texas 76201 Attention : Mr , R. E. Nelson Director of Utilities Cantlemen: The FERC license application for the Ray Roberts Dam Hvdroelectric Project was mailed to FERC on October 28 , 1982 . The Lewisville Dam Hydroelectric Project license application was sent to FERC today. Four copies of each license application are enclosed . We will continue to work closely with FERC to assure smooth processing of these license applications. Very truly yours , BLACK & VEATCH MM D. M. Lefebvre vb Enclosures , St. A C K & VIE AT C M Tu., (9131 9e7.RQQO ' CONBULTINQ ENQINKER8 TdLEx 42,62E3 1 1 M00 MEA00W 6AKK 9ARKWAY NAI.INO AOONF{a, P.O. "% NO. NOS KANSAS OITY, M1000V01I Siil,/ City of Denton, Texas B&V Project 10566. 030 Lewisville and Ray Roberts Hydroelectric 10567 , 030 Projects I B&V File 10566, 28 , 0200 Progress Report - November, 1982 10567 , 28, 0200 December 10, 1982 City of Denton Municipal Building 215 East. McKinney Denton, Texas 76501 Attention: Mr , R. E. Nelson Director of Utilities Gentlemen: This letter follow up on our telephone conversation of December 5 , 1982, regarding project activities for the month of November and our forth- coming site visit to the Lewisville Lake facilities. Accompanying this letter are copies of telephone memoranda which summarize our llason with governmental agencies during this reporting period . Each month , unless the situation warrants quicker notification, we will transmit such memoranda to you for your information. As discussed, our activities for the month of November involved responding to inquiries from the U . S. Fish and Wildlife Service, keeping abreast of changes in FERC project personnel , coordinating FERC involvement in the forthcoming site inspection, and monitoring F'ER. review prugress , The most important point of interest is the change in project officer . This matter is addressed in the telephone memorandum recorded by D. M, Lefebvre dated November 10, 1982 . This letter also confirms that we will meet with you at 7 : 00 p .m. on Monday evening, December 13 , 1982 , at the Denton Holiday Inn. Craig Johnson and I will accompany the Corps of Engineer personnel on the next day for the inspection of the low flow conduits , We are looking forward to our meeting on Monday/ Iery truly y urq, ' f . t BLe CK & TTT avid F. G vot t .fir. T� � . . •,, VWATION TRUPHONK MRFAORANOUM Vol { OATS Novo 90 19b1 , (PROM) Tom Cloud TIM� ,;;yry. ., .• 'ia' ' , 'r• . ". -S1�.._.,....�... 1►r J i COMPANY �* S. Fish & Wildlife Se�.�vd aeLFart Wart 0�f t3nr, CC1 ,: , ,�_.�., �\�W'1... . .. , - . , w .�f'n rr1i.'itir 'T;{,Ir• � , p. p. H. droves „- z" RSCaRORO OY ., PROJOCT Ray Roberts-Dentoa, Texas NO 1 9432 ; � w.w�.�y1 .���. •��s1 SUSACT Fisheries Resources at Outlet MI NO, Tom initially_called to Ann Harris with preliminary cueations regarding the foUowi.ng trio issues at the proposed• Raq Robixts Hydro Vroject. M FIshermen A,ccees to`itaat Side of`Dive`soon Chi'u_di:C —Flail Coad'itUns in$C3.1ling tasin wi�h�q�c ro OparaCioa , ��. .1 M—.-ur i \\• ' •" • .JM,AIL�la•ti..VR.r,.y/Va/MM..F• ,V,Ar.W'!M•. a•• ,\.. ., tom irazi,�ted_t'o know thaE fishermen would be allowed access -e.o the rip 'rap' and streari bank along the west (powerhouse) side of the diversion ' channal, downstream from the powerhouse tailrace. I told Tom that the License applicat3ouafii�its r�iereaced only+ conceptual designs, but that we expect o have paths or open access to the dcwnstream_reaches of the west in,;dust as fiihi rman gain access to the riprrap and banks at Lewisville. He seemed satisfied. His second concern involved the water quality and fisheries impacts of diverting water arocind the stilling basin. ]ithgdro operaCicn;flog throng t e`Xaw fS`evi outlet portal would be terminated—except during flood operations--and a pooled condition cap result+ iri�the stilling basin. That pc,oled coridiCio'ri may`aversely affect water quality and the quality of recreational fishing from the. public access along the- east-wall of the stilliiigWbasizi —as r1lustriied iii`-Enb�t C"3. I told Tom that the stilling basin would likely be in more of a backwater or eddy condition 'than''i "pooled I condition ` . He conceded-that fishing within aIILeddj condition may actually be better than fishing in the direct current--as with all. ^� ffow coming thraugh tYe low flow outlet portal. We further assessed that-the problems of raising one' s catch 27 feet'--'from the water surface at 532••tothn •>. ' 'W - : top of the basin wall at 559--may array fisen to walk own the embankmen ts to fish rather than fish .'rom that high public access. Tom indicated that �vwgoing to pursue the fisheries ssur, with the b p'T`suggest ys>$.�t t relocate the proposed fishing access from the stilling basin. ' On the'tirates concern, Tom itd cated that t e sh & Wilalifer ery ce may request some periodic discharge-5 cfs-�-through the law flow outlet..porta3. � - - - -• r,e�•'•r.F`• � ' . . .. 1. ?.'+y. i2ryrl lM�1-\a}fir ya ' .'i ., :� KACK a�Mwww TELEPHON11 MEMORANDUM VATI! EgMkor 4& 191a rlµe 2s1...,�_...,..:.... pm Eiji COMt"AM� CCU �. �;a ,� ysa�1,¢, '..,1i, .. ,;• 1 ., .. ReCQROlO sy •••••:-: FROJeCT .•.. City of Den pn Hv ro Proieats N0, 9�i 2 D3 M, Lai„ , Susie& &o ri71t.10A FILE NO. ._,..:_._. 1,,._,Xr ,,,P,owey.l,,,askad_.tha. status—of- the, per�ait_�Pp. iret ?g qr Y,enrisvil.1e and Ray Roberts hydroelectric projects. 2. He Was advised that the application for Ray Roberts was mailed October 28v 1982, t N"QK M VIKAYCH ii»wkn04 iN�IMiM �... TELSPHAN11 M13MORANDUM OATC (TO) ( ) Dias Powell 817) 334-2633 TIMa Jg145 Aµ COMPANY Wgrth 9flIss CCU EzR._...,. R'3CQRollo BY D. M. Lefebvre ,,,, AF3L= PRQJ9CT ,Denton Hydroelectric Prolact N0 9432 . 03 SU$JRCT L,icenge Aocli~ca&12ns PILa NO, _ . Dale has received- co . pq of the Ray Roberts license ,application. from. FBRC ._.. .._. .He.adquarters .,_ I told,...h m .to•. expect. the Lewisville license application soon. . __ .._... __ Dale inquired about our .afforts to coordinate.. these proj acts .with ,the .Corps of Engineers! He was pleased that we had resolved the differences in capacity recommended by our, feasibility study versus the Corps ' study for Ray Roberts. ._ ,He would like to accompany us when we. inspect the Lewisville conduits in mid-December , Y promised to keep him informed of the details of that inspection vb Y1tAT4Fi ' MMiV�?11N �MHIN{M wrwr TOLEPHONR MHMORANDUM DATI November 10 1982 (TO) c - - - --- TiMS $--�„ 'rM COMPANY EEBC OCi ..�r�...... ....�:. RICORDAD OY n- M- Z`8l1itT� _. _ DEL. AE - PROJ94T nAntmn .RsArn Prni -- 140, �94 2 , w $UaJICT f aran&a AppIjCA# ' nnxL-. , P1LI NO,- .......:�.a. Charlie informed me 'that he - is not the Project Gffi.car . fox Dentonl s pirojecto any-. more they, have been. assigned_to . George Gribar .(x9798) . ._. . George confirmed that FERC received both license applications. However, George said that it would be early December before he has a chance to review them for complareness _and__iaitiate internal, review. We agreed X should call him back on _. .. _ December 1. vb r MACK 0 .V CAYC H NMW�'fllh RMOIMRRiM , TBI,RPHONIS MOMORANDUM ` OATIOacambar 1982 (TO) (KXXU .. QAIA ggwall TIMIIIIA w... AX PM COMPAHY Wolth Affi a CCUMH ...... .....« RLCORpSO SY L eb DP I iii Denton H dro Project 9432 ' PR 0 J 9 G T Y H 0, .�..,,.�...; . .'� $USJgCT Lewisville Dam - Conduit InspectionpILE NO, I told bale that the conduit inspection is scheduled for December 14th and that B&V is to most the Corps at their offices in Lewisville at 8 a.m. I told Dale to call Terry Bachim (317) 334-4646 of the Corps if he had any questions concerning where to meet . vb 1 - - i b BLACK VRATCH r CON6ULTINO IiNGINERRO TKLex 42-6268 1600 M6AQQW IAKS PARKWAY MA141Na WDMOC 0 0. OQ% NO. 44011 KANSAV QITY MISIOVRI •4114 City of Denton, Texas B&V Project 10566/ 10567 Lewisville and Ray Roberts Hydroelectric B&V File 10566. 28 , 0200 Projects 10567 , 28 . 0200 Progress Reports - December. , 1982 January 10 , 1983 City of Denton Municipal Building 215 Fast McKinney Denton , Texas 76501 Attentions Mr . R. F . Nelson Director of Utilities Cent lemen t This letter summarizes project activities for the month of December , 1982 , The most signiftoant activity for the month was the si %_kaaipgr_eidn conducted 1 at the Lewisville Dam. This inspection and our evaluation of its outcome was addressed in our December 27, 1982 letter , Accompanying, this letter are copies of a telephone memoranda and letter from the Texas Historical Commission (THC) . These documents summarizes our communi- cations with governmental agencies during this reporting period . Of particular note is the tenCat v_e liapit,sl g, schedule for the FERC license applications as summarized in our telephone memorandum dated December 23 , 1982. We are making progress with the THC on their concern about the project . It appears that tho THC and Black.& Veatch have previously misco.,mrgunicated about the location of site 41))N1' � The THC has transmitted a rough sketch of this site and we hav termined that it may be aft.ecced by our transmission line routing . We are following up by trying to firm-up the route of our transmission line , We feel that we can maintain our current routing by remaining in existing right- of-ways , We have ordered photographs of the area to obtain better information on the problem. We will keep you current with futu-ce actions . I Very tru�����urs , ! 1 BLACK & VEITCH t I avid F, uyot � I , tah Enclosure 151,A0K VkATCH OOVW1,tM� ' (MO�NNiI� «-w TEL.EPHONS McMORANDUM DATE DOCGMb IE 21,x„12 George Gri ( 202) 376 .9798 TIME 8M C 0 M G ANY 912jut Qffl,ar RECOR09V BY . ' i,:�.,�.51>'S�?1.r 4 Gto AYH PROJECT ... ,,, Den4�^lt�dY0elCtriG QrojeGCs No 10566 ?EG SUBJECT „icarkae 4PR i ation status PILE NO, George said that the Environmental Analysis section has reviewed and approved both Exhibits r. but that the Project Analysis section wants more information concerning the economic feasbility of the projects before approving Exhibits A and F, George has not reviewed either Exhibit G yat , George said he is hoping to have FERC' s comments on both license applications in the ,mail during the first half of January . George and I established the following unofficial licensing schedule . FERC' s initial comments January 14th B&V response February 4th Public Notice published February 1.8th Public notice period ends April 30th FERC completes analysis of comments June 30th n'dg�v4-d, B&V response August 19th Issuance of license October 21st �~-•'� vb S,1WVY K-OAM,iit 401WILL9 QFQAQ9C.CIIIUiIM,AV$M QIUIIWi v UNYON 96,11 y M14,1194MONMVRW,A&,HARLIN00 51RS J V .CANNA Y' Ab N YIQ ON MW 51115 NN�TNAANi iCAUM 0.JCHA0.A H2ODULNS,GALLAS WOOp11QW Q1 SSQCCi„ Ar NO?700 $404TAAY DQASi1' M. NAROM Y,AUSTIN M0.S,1M14S t. SIOQAAT,J0., Da MRS , A d OA0&4w 1 L tiS w .N, LQN!N Lgolta DUNCAN>G SQtCcOU�IA I, DALi,�7 I , � MRS,.TS AAA M McM IY, LLYH M0.3. H. 0..S0.1QIt1 DALLAS '0111i f LOVIS P,TL0.RAZAS,SAY AYi0.T q' 'rTON CALDNLLL, FUCHARM tiV Q0.. G,4Y h 5,1LLLS 1PtT N'gATH r,Q, 00N U.te I , TCL&PHOK I December 22, 1982 I Ms , Anne Harris Black and Veatch Const , , Ent; . 11401 Lamar Overland Park Kansas City , Missouri 66211 Dear Ms , Harriso Attached for your information is a copy of the Green Valley quadrangle , � It shows the dam site area for Ray Roberts Dam, Additionally ,.your project boundaries are ,shown in purple with site 41DN129 shown in red. As you will note the s9,te is within the boundaries of FERC project 3939 as the project was defined in the October 1982 application, � If we may be of .further assistance , please call , { Sincerely , A 1 La Verne Harrington, Ph, D , Deputy State Historic Preservation Officer LH/lf t Attachment j REC y- , " BLACii DEC2 71982 SY5TE LEGAL-E, J .?/ce �v,�e.��eru�! frr r�i.�,aric�rr.�crvafion vhIA,1'..I LAIN qi Al'II lt'XA5-lXH1(4I (.0 II 1llt c1'1 I I SIC IrA1 1 11w luu\ e, 17Y I .. 5, N ,. ' , 111. ,' (I 1 . ... !I'uutl1111II � 111 I x �AIOIN I�rr� 0!'kUHI f • i + � ;r ,�,,� I �` . r r 1, - . I i ' I 1 1 l I, I oxI \ 1 1 �' 'I ,' =� I / 1-.. �,II'• i/� p���� 1 11 .1 ' 1 /'•`�"_.. � V - �I •�� /�I• Ili '' � �1` 1 u 7.� i � � � 1 � I ' I u.Il , ! " �� Ir , I�,, 'rr' �.- + •I 1 i f, Ur ! . \ 111 `...`.i. 11 �'✓'�' , 11 \ 1,IIfY i1„ `I i ('1 I ,,' I` ," w CE V-ED CK is ' 9ATCH } 55'S1'LM: E'IJG, QEP1 VBAYCli oe�4u�•�an 4M�IMiiki .wr TELEPHONE MEMORANDUM DATE .R.e.6embi r «28.. cTOI c � LiVgMg Mavrin ton 2 475-3057 TIME 10140 AM t4�i COMPANY A Historical Commission CC, Dy.. ,-....,. D_._ -- RECORDED BY is � P--- ate""' PROJECT -p2At,9n Hvdro Ray Roberts NC 10567 CL SUBJECT afte 41DN''129 RILE N0, -.. .-.--•-- I called Dr. Herrington to confirm that wi had received the map showing the exact location of site 41DN129 in relation to ttl% proposed Ray Roberts hydroelectric facility. Dr. Herrington noted that the site was definitely with4n our project area and requested that caution be taken during any construction activities that might affect the property . I told her that the only part of our project that might affect site 41DN129 was a transmission line corridor parallel to the county road in front of the house and that our actions would most likely be restricted to the right-of-way of the road, She emphasized that the site contained valuable archeologl,cal artifacts and there should be no clearing , grubbing, or other disturbance of the ground surface. She requested a more complete description of the location and nature of tho construction activities planned for the transmission line corridor . She also requested that a copy of any further correspondence relat- ing to site 41DN129 be sent to the Corps of Engineers. vb L+ t�kw�N L 4V V41 IV IM1 ,c � Nai, YN K Tx AY {t YIl;(QI4V3m iALN v a ►U94,4A4W wooaa�waausCQQ alloo�TAeY ooastY r, xa7cN t " ;1JA�M /I� 1,J�Y�MI1„�,� �. , ,�; MMIf1' p,LQ;ial utaoat RWI ,DALL.Ai „' y 'i a1a3.MOV A,Me,1u :�, 4C1 Hi r sa ,oASa,u 6aV14 e. naa ►tr .�z�sls ,,y�arac !TO J)W[LL.JUaJN11A�OM � I r, oa,aAIN A,NILLliI YOaS �e 4ift „I 10 -cart rs4 P,ot Box 18976 ; "�1 ({,�,jlll �I� II ' TILEPHO\'6 OMAN, TtxA3 78111 (512) 475♦1092 . . December 8, 1982 �, 'r. ^v ,• : R, E,' Nelson , P, E. ` Director. of Utilities City of Denton Re: Ray Roberts Dam Hydroelectric gg Municipal 8uildin Project , FERC Project N3939 Dentin , Texas 76241 Dear hlr,."NeTson : ~ We have reviewed the \proposed project referenced above. The data on page E-14 and� E-21 are outdated and do not reflect the situation accurately, i In our letter of May 11-, 1982 , we •pointed out that Site 41ON129 was parti - 811y in the project area.-, Your map (Exhibit G-2) , indicating the right-of-way ;M- or-pnject•.area ,--stiII A ncludes-41DN129 , We still recommend that caution be taken during construction and that the State Historic Preservation Officer 'r be- consulted-if destruction of ' a,ny-of the structures is necessary. Thank you . Sincerely < . '11 t Iw } :I ' , : � �1/�J<> `�w-wW / 777 ��- '--- ✓✓/" LaVerne Herrington , Ph . D. ' Deputy State Historic Preservation y Officer I .d'a F' t•-�.K11 \ ,W.�"L.!r. / 1�,�1}.It,�' `.y, '�••i 1 vl,♦41 ,,1 51.1�.. _ PEPAH/1ft w cc.:-- F'£RC , Washington; . D.C. bo vma { I . I /u Matt l� .���f /Ur v���slarie'�re�crc �vn 11 u 498 N L A C K at V E A T C H r[+., c,i+a� ve�•a000 QONSULMNQ KNdINBKRB 7[G[K 42.0203 1000 MgADOW I.AK[ PARKWAY MAIWN4 APON4#04 P-Q� 00% NO. 0400 KAKIAS CITY. MIOGOURI 04114 City of Denton BV Project 10566/10567 Lewisville and Ray Roberts DO File. 10566 , 28 ,0200 Projects 10567 , 28,0200 Progress Reports - January 1983 February 11 , 1963 City of Denton Dlunicipal Building 215 Bast McKinney Denton, Texas 76501 Attention : Mr , R. E. Nelson Director of Utilities 1 Gentlemen : This letter summarizes project activities for the month of January , 1983. The significant project activities which occurred during the month involved expediting distribution of the project feasibility studies to the Project Analysis Branch of the FERC and to review the recently issued policy statement by the Corps of Engineers regarding Non-Federal Hydropower Facilities at Federal -Dams . Both of these matters have been brought to your attention under separate transmittals , Accompanying this letter are copies of telephone memoranda prepared during January, We are continuing our review of the transmission line routing for the Ray Roberts ' project. The data obtained from the Corps which indicates the area of concern to Texas Historical Commission (THC) was not sufficiently clear or detailed to resolve the matter. We are currently attempting to determine any right-of-way and/or easements associated with the existing county road which we intend to follow for the new line. If this information is not sufficient to enable us to respond to the THC then we may need your assistance in conjunction with the local cooperative to tie down the precise location of the new line. We will keep you informed of our pro s on this matter. Ve truly ��, rs , BLA K & tah David F, G y Enclosure 0 L A C K & EA T H ' /"� TeL, (913) 867.2080 1 CONSUL,TINO ENOINEERS TcLCx 426263 1 1900 MVAOOW LAKC PARKWAY MAILING AOOR964i P.O. WK NO. •409 KANSAS CITY, MISSOURI 64114 City of Denton B&V Project 10566/10567 Lewisville and Ray Roberts B&V File 10566 , 28.0200 Projects 10567 . 28.0200 i Progress Reports - February 1983 March 7 , 1983 City of Denton Municipal Building 215 East McKinney Denton, Texas 76501 Attention: Mr. R. E, Nelson Director of Utilities Gentlemen: This letter summarizes project activities for the month of February , 1983 , The significant project activities which occurred during the month involved continued effort �-.o expedite receipt of the project feasibility study by the Project Analysis Branch of the FERC and to resolve the con- cerns of the Texas Historical Commission (THC) with respect to their Site DN129 and the Ray Roberts transmission line . Accompanying this letter are copies of telephone memoranda and corre- spondence prepared during February , 1983 , Regarding the firat matter , FERC has indicated that all FERC review groups have now acknowledged receipt of the necessary portions of tiie license applications and the FERC acceptance letter and public notice can be initiated. These actions are summarized in our March 1, 1983 telephone memorandum. Regarding the latter matter , we have received the preliminary routing information from the Corps of Engineers on the transmission line for the outlet works of the Ray Roberts project , Annotated copies , Figures 1 , 2 , and 3, of the pertinent por0 ons of these sketches accompany this letter . As indicated, the planned services to the Corps of Engineer ' s outlet works will provide access to a 13 , 8 kV line within a few hundred feet of the powerhouse. Such an installation weld eliminate up to 1700 feet of new line and 2000 feet of reconducting _.c the new service line is sufficient , in size to accommodate the hydropower development . In addition , the new O.LACK A VtATGH City of Denton 2 B&V Project 10566/10567 Mr. R. E. Nelson March 7 , ' 1983 line , if installed as planned, will avoid all work on the property of Site DN129 which eliminates the THC concern regarding our project . We have, by our letter dated -Marft 2 , 1982 , informed the THC of this matter and this action std kd c oTose out this ue . We recommend that you inter- face with thef N'aton County Elaot;�O'operative regarding this matter to insure that ation of this service will be con ?atible with the projects needs. We are continuing with the arrangements for the Arizona trip. We will keep you informed of our progress . ry tr ur , B CK V avid F. Guyot tah Enclosure j 9 L A C K & V E A T C H TEL. (913} %2.2000 ENGINEERS-ARCHITECTS TELEX 42.6263 1900 MEADOW LAKE PARKWAY MAILING AODRESS, PO. HOX 140. 840S KANSAS CITY, MISSOURI 64114 City of Denton B&V Project 10566/10567 Lewisville and Ray Roberts B&V File 10566, 28. 0200 Projects 10567 , 28, 0200 Progress Reports - March 1983 April 8, 1983 City of Denton Municipal Building 215 East McKinney Deuton, Texas 76501 Attention: sir . R . E. Nalson Director of Utilities Gentlemen : r This letter summarizes project activities for the month of March, 1983 . The significant project activities which occurred during the month involved continued effort to support the FERC licensing review process and to coor- dinate the upcoming trip to the Salt River South Consolidated Hydroelectric project. Accompanying this letter are copies of telephone memorandums and corre- spondence prepared during March , 1983 , Regarding the first matter , we prepared apperture cards and extra copies of the license applications to support the review of the FERC license appli- cations . The microforms were transmitted to your office on March 31, 1983 . The extra copies of the license application were transmitted to the Corps oC Engineers on April 7 , 1983 . Regarding the second matter , we transmitted the revised schedule for the April 28, 1983 trip to you on March 26, 1983 . Currently , Mr, Gary Gunn , our Project Manager for Salt River projects, and T will be joining you on your site visit . We will discuss details shortly. I� 0l. ACK A VCATCH City of Denton 2 B&V Project 10566/10567 ( sir , R, E. Nelson April 8, 1983 j We have received notice , March 22, 1983, from The Texas Historical Commission that their concern regarding the Ray Roberts pvoject transmission line have been satisfied. This should resolve this matter . T am looking forward to seeing you soon on our trip to Arizona. Very tru]�yf yTrs, r BLACK �' V David F. Guyot Iv analosure t ' TOLOPHON13 MEMORANDUM n DATE April 4 , 1983 (bbl (FROM) Bob Nelson ,_._, TELVHONE — (817 ) 566»8230 TIME 2 : 0 ,17XA� PM COMPANY nOnron P,ti„bt in Ic1l fifes — CC RECORDED 5Y . Ga L, Hut UDfL PROJECT LQVisville Dam S Ray Roberts Dam PAOJ. NO-1.0566 Hydro SUBJECT (*QX 4 '_ RAQIIASL for License FILE NO. Application Bob said that the Corps of Engineers has requested 17 copies of tho FERC license applications for the Lewisville Dam and Ray Roberts Dam Hydroelectric Projects , Bob asked us to take cares of the Corps ' request . Eight copies should be sent to ; Corps of Engineers Southwest Division 1114 Commerce Street Dallas , Texas 75242 Attention : Mr , Ralph Garland , Coordinator FM ED :fine copies should be sent tot Corps of Engineers FoYt Worth District Box 17300 Fort Worth, Texas 76102 Atteationt Kr . ,tike Roll FWDPL-H DMLtvb TELEPHONE MEMORANDUM !„1 DATE March 22 . 19$3_,_, (T0) AW Bob Nelson TELEPHONE (817) 566-8230 TIME AM PM COMPANY City of Dgnl on, Taxag cc; R M. EYlis RECOROED BY D , yY t G, L. Hunnicutt _ PROJECT Denton Lewisville Lake PA0J. N0, 10565 ,030 Hydroelectric Project SUBJECT Competing Water Use PILE N0. - X called Bob to inform him that the •C.ity. of , Dallas , . Dallas Water Utilities , has put out on the street an . R.FP to study the feasibility of various water projects around the .Lewisville Lake, ___On4 _ of-the. p,roj eats. involves putting in a conduit from the Lewisville Dam to the Elmfork Water treatment Facility . I informed Bob that the BV Dallas office .had_been-requested ..to propose, . The Dallas office elected to propose and has been short listed. We have made copies available of the l.icens4 application documents .for_,the _Lewisville. Lake Hydroelectric Projects to the Dallas . office to avoid any potential conflict of interest . I informed Bob that I have discussed this matter. with.-(Chuck)..W._.Duncaa of, our..Dallas off ice,......Chuck indicated .. that he has been trying to get a hold of Bob Nelson to discuss this and other matters , Bob stated_ that Chuck had. tried_ to .get _a bald of him, but. they. , were unable. to . meet , r- I informed Bob that the primary reason for putting .a conduit on the stream from the L, Lewisville Lake, to. the Water_.Treatment ..Facility . is ..to minimize the. impart of urbani ization in the area. The cost of such a-conduit is offset by the reduced treatment costs.1 ot' re-moving . poIlutant s . -__Tn_ add it ion, the-conduit , protacts - the water supply _ __ . from industrial accidents which may happen in the area, (Based on previous discussions with. Bob. -Nelsom he has been. aware of_.tlie project .for. sometime.) Bob and Y_ discussed the need for the City to file its Water Appropriations application , Until the City of Denton obtains the Water . Appropriation for. the Hydroelectric . Projeot , the project . . continues to bear some additional element of risk, The Water Appropriation would be for _the ..nrn _consumptive.. use..of _the..head . on_.the water ......The., addition of the conduits if found feasible would significantly impact the proposed hydroelectric projects , i , r ' ` r!i:�mn:f.Mlu.rm rrd,irM:rilr � .l:m r.x.m mr.n rrrnn Mrmvn CURTIS TUNNELL EXECUTIVE DIRECTOR ! i ✓ ' r' P.O. BO! 12276 AUSTIN, 2 78711 - - - March 22 , 1983 ($ 12) 47s-3091 Mr, David M , Lefebvre Legal Environmental Coordinator Black and Veatch Consulting Engineers 1500 Meadow Lake Parkway P .O. Box No, 8405 Kansas City , Missouri 64114 Res Ray Roberts Hydroelectric Project , FERC Project #3939 Dear Mr, Lefebvre., i We have reviewed your letter of March 2 , 1983 , concerning the undertaking referenced above. If the transmission line -is installed as planned , site ! 41DN129 should not be impacted by the project . Should final plans differ I in design and impact on 41DN129 , please notify us , Thank you for the opportunity to comment , Sincerely , . fr J Laverne Herrington , Ph , D , Deputy State Historic Preservation Officer PEP/LH/lft cc: Bert Rader , Ft , Worth COE l ; BLACK & VEATCH I� r(VAR)2 41'83 ! I SYSTEM; ENG, DEPT. ,i LEGAL-E�VV. GROUP ii ij �_ .7/w A&,o A,ac fvr .�/ �torY'c�re�d�•�mfian BLACK 4 V R A T C H TCL. (913) 907,2000 CONSULTINO KNOINHERS T"ttx 42.0268 MO M6APOW LAK& PARKWAY MAWNO A0014I401 F.Q� WM NO. 64" KAN*.A• CITY, MI66OURI Mfld City of Denton B&V Project 10566/10567 Lewisville and Ray Roberts B&V File 10566 , 28,0200 Projects 10567, 28.0200 Progress Reports - April 1983 May 2 , 1983 City of Denton Municipal Building 215 Fast McKinney Denton , Texas 76501 Attention ) Xr , R. E. Nelson Director of Utilities Gentlement This letter summarizes project activities for the month of April, 1983. There were no significant activities which occurred during the month, The only issue worthy of noting was the MC notice regarding the forthcoming rule making on not-benefit charges . This matter was addressed in our April 25, 1983 letter , As noted in our letter dated March 31 , 1,983, we have not received a copy of the "Notice of Application Fixed with the Commission" for the Lewisville Hydroelectric Project . Please send us a copy if you have received one, VAry truly yours , � I I a & VEATCH D. F. Guy tah MINUTES PUBLIC UTILITIES BOARD June 23 , 1983 Members Present ; Chairman , Roland Laney , Charles Cryan , Edward Coomes , Leonard Herring , Marvin Loveless Bob Nelson Staff ; Dave Ham , Ernie Tullos , Joe LaBeau Others ; .ion Waist , Denton Record -Chronicle Absent ; Chris Hartung 1 , ECUTIVE SESS12N PERTAINING TO ITEM 5 : At 6 : 25 p . m . , the Board onvened into Executive Session , The Board returned to open session at 6 : 55 p . m. 2 . ONSIUER MINUTES OF PUBIC UTILITIES 20ARD ,MEETINGS ON MAY 25 , 1983 ; JUNE 1 , 1983 , AND JUNE 8 , 1983 ; Cryan made a motion to accept the Minutes as stated . Second by Herring , four ayes , no nayes , motion carried , 3 . CONSIDER OPERATION REPORTS ; The Board discussed the format of the financial reports it receives and concluded that separate presentation of Electric , Water , and Sewer Fund information would better suit the Board ' s needs . Nelson stated he would notify the Finance Department of the Board ' s request that future reports carry fund breakdowns . Laney expressed a particular desire to discuss the financial reporting process with Hartung, The Board concluded that no further action was required on this item . 4 . CONSIDER AUTHORIZATION OF INCREASE IN UPPER LIMIT FOR PURCHASE ORDER 554 SLAKE LEWISVILLE AND PURCHASE ORDER 5498 KAY kKOBERT TO _ _8_LAC� K AND VEATCH F'4R ENGINEERING ASSISTANCE WITH ThE FEDERAL REGULATORY COMMISSION___(FERC) FOR HYDROELECTRIC �I•LIT16 Nelson advised the 'Board that the contract upper limit of $5 , 000 had been nearly reached , and that an additional $3 , 000 might be required to retain the firm through completion of the project . Discussion followed , Herring made a motion that the upper limit be raised to $6 , 000 . Second by Coomes , ayes - Coomes , Herring , Loveless ; nayes - Cryan , �Motio carried . 2218U/ 1 July 5, 1983 CITY COUNCIL AGENDA 1101 sUBJECIr Consider Reduction of Retainage from 516 to lzo for Cullum Construction Company , Contract for Hickory Creek Interceptor Line . bid #9002 , Contract "A" 8UMMAKY At the May '25 , 1983 , Board meeting , a retainage reduction was approved for Cullum Construction Company on Contract C-48-1188- 230 contract "C" , Bid #9002 . We are now submitting the same request for C-48- 1188- 13 , Contract "A" , bid #9002 . Cullum Construction Company , Inc , , has requeated that , due to the substantially completed work with regard to the Hickory Creek Interceptor Line project , that their retainage be reduced from 5% to 1% . This reduction would allow Cullum Construction Company to be paid all except 1% of the monies due for this project . Final inspection on this project was made June 13 , 1983 , by the Texas Department of water Kesources . FISCAL SUiiMARY ; Total value of original contract work performed $ 1 , 860 , 856 . 00 Change Orders Performed to date $4 , 151 . 00 TOTAL CUNTKACT WORK PLKFORDIED TO DATE $ 14865 , 007 . 00 Less Retainage tl%) $18 , 650 . 07 Subtotal $1 , 846 , 356 . 93 Amt . of Previous Payments $ 1 , 769 , 079 . 26 BALANCE DUE TO CULLUM NMI . CO . $77 , 277 . 67 I Source of funds ; bond Funds & EPA Assistance . A M ION REQUIRED ; Approve or disapprove subject final payment . I 2224U / 6 I I RLCO61MENDATION : The Public Utilities Board , at their meeting of June 23 , 1983 , and rreese & Nichols , Inc , , Engineers , recommend approval of this reduction of retafnage from 5% to 1% . Respectfully, , R. E Nelson Ui. rector of Utilities EXHIBIT I I i Minutes of PUB Meeting of 6/ 23/83 2224U / 7 PUB MINUTES 6/23/83 w2w 54 ONSID "R PAR TI A N IN G ACTION WITH DEVELOPERS OF SANDY M. OBTAIN NE ESSARY A LMFN R SANJT4RX S §WER AND WATER INES : Cryan made a motion to postpone consideration o e a action , Second by Coomes , four ayes , no nayes , motion carried , 6 . CONSIDER AMENDING CHAPTER 25 OF THE CODE OF ORDINANCE OF THE CITY OF DENT ON, TEXAS PROVIDING N W WAT 'R ANA SEWER TAPPIN G lllkl RD{N CES , PROVIDING 4 SEVERA131LITY LA SE - AND DECLARING AN T',F (; UATLI H iw DrIeted the board on its man(a e or annual review of these fees and recommended that , since the costs of these services had risen , the new fee schedule as delineated in the proposed ordinance be recommended by the Board for adoption by the City Council , After a brief discussion , Cryan so motioned . Second by herring , four ayes , no nayes , motion carried . 1 . CONSIDER REDUCTION IN RETAINAGE FROM 57* to 1% FOR CULLUM NST_�UCTION COMPANY ON CONTRACT FOR HICKORY CREEK INTERCEPTOR LINE. I U - KAC A : am advised the Boar that work on this Item was substantially complete , and that a similar retainage reduction was approved by the Board for Contract C of the same bid award . Ham recommended the Board approve retainage reduction from 5% to U . Cryan so motioned . Second by Herring , tour ayes , no nayes , motion carried . wmoor 8 . DISCUSS PROCURING ENGINEERING SERVICES FOR WATER WASTEWATER RATE STUDY : Nelson advised the Board that the water wastewater runa was experiencing acute and recurring cost -recovery problems and recommended a rate study be undertaken to assess the need for a rate adjustment . Nelson further stated that current manpower constraints within the Utility Department precluded an in -house study and recommended a consulting agency be engaged for this purpose . Nelson advised that Gilbert was presently conducting an Electric Rate Study and that the Staff was pleased with the results so far . Nelson suggested that either Gilbert be retained , another consultant be retained , or proposals from several consultants be solicited . Discussion followed with the Board tentatively agreeing to retain Gilbert Associates , Inc . , for the study , contingent upon a more detailed proposal to be submitted at a later date . The Board then expressed its desire to develop more formal consultant retention procedures in the future , but the Board concluded that time constraints mi$ht preclude a request for proposal process in this case , No hurther action was taken on this item . 2218U/ 2 July 5 , 1983 CITY COUNCIL AGENDA ITEM SUBJECT ; Consider Final Payment of Engineering Services for Effluent Filters to Freese & Nichols , Inc . - Contract C-48-1188:03 : .� SUMMARY ; The effluent filters project is now complete , A final inspection on April 15 , 1983 ,. resulted in several punch list items which have subsequently been completed and certified by Freese & Nichols En ineers snd the City staff . Final payment has been made to ,racon Construction Company for the effluent filters - Final payment to Freese & Nichols for engineering services and construction Inspection on the effluent filters is also appropriate to be paid . As directed at the last PUB meeting , the Utility Staff has ootained records which verify this final pa ment . These records verify that the final payment of 4 , 034 . 84 is accurate and in order . FISCAL SUMMARY ; Freese & Nichols , Inc - Final Contract Amount (Based on Engineering Agreement Formula ) $44 , 185 . 06 Previous Payments to Date 40, 150 . 22 Final Amount Due Engineer $ 4 , 04 . 84 Source of . Funds - Bond Funds - 25`/0 EPA Assistance - 75% . ACTION REQUIRED : City Council approval or disapproval of final payment to Freese & Nichols for En ineering Services for Effluent Filters in the amount of $4 , 034 . 84 . 2224U/1 RECON4ENUATION ; 'Ile Public Utilities hoard , at their u;eetin ), of June 23 , 1983 , recommended to the City Council that final payment to Freese & Nichols Engineers in the amount of $4 , 034 , 84 be approved , ltesper. ttully , ( t; R , L . Nelson Uir. ector of Utilities: L:XPiIBIT i Final Payment Request - Freese & Nichols , Inc , 11 Minutes of PUB Meeting June 23 , 1983 i 2224U / 2 "a JAM S R'NwHO F ROSIAT I. NICHOLS, P.C. 1.99 PRUKYF.P t "ON t. 4000H� 14191 jog FAVk. JON 0. ROMC1S1' A. YNOMMON 4 P.G c O N s u l f I N 0 B N 0 1 N E E R $ JO3 R MAp�i, P F OGIIC O. ALIKN. P1, W. CRN99T OL"914T. PAL RI.VIN O. OOPM-ANIA P L JOHN M.O00I41 Kit. Y. ANYHONY NCIO, P.U. May 27 , 1983 GARY N. RQCVW. P.r. City of Denton Municipal Building Denton , Texas 76201 Attention, Mr, Robert E. Nelson Director of Utilities Re ; WWTP-Effluent Filters Project C-48-1188 Final Gentlemen ; We submit our final statement for services during the period ending May 27 , 1983 in connection with Step 3 Construction Phase pertaining to the WWTP Effluent Filters in accordance with the letter dated March 16 , 1982 from R. L , Nichols, and Amendment 3 to the Contract dated August 12 , 1969. We request compensation for general representation consisting of basic engineering , We request also compensation for inspection during the period . Account No . Description Amount DTN 82009 Effluent Filters - Step 3 $45034 .84 We shall appreciate your review and approval of the statement for pay- ment. Yours very truly , FREESE AND NICHOLS , INC . , R . A. Miller RAM ;cg Enclosures T E L E PH ON E 9 1 7 3 3 d • 7 1 8 1 0 I L A M A 4 9 T R£ E T F O R T WORTH T E X A 9 7 6 1 0 2 STATEMENT FRCCSE AND N { CROLS , INC , C O N S U L T I N G E N 0 N 9 1 R $ TO, CITY OF DENTON DATE, May 27 , 1983 AccT, NO OTN 82009 Final PROFESSIONAL SEIVICE, In connection with C,)nstruction Phase, Step 3 , including general representation and resident representation pertaining to the Wastewater Treatment Plant , Effluent Filters in accordance with letter dated March 16 , 1982 , from R , L , Nichols and Amendment No , 3 to the Contract dated August 12 , 1969 . (Pro,jert C-48-1188) STATf'MENT N0 , 10 - SERVICES THROUGH MAY 271_ 1983 : General Representation Fee Allocation Item Basic A/E 0 I M Oper, .Plan Start- Total Grant $ 9 ,018 $ 4 , 400 $ 292 21000 15 ,710 Complete 100% 100% 100% 1000 Resident Representation Fee Allocation Item Inspection Period Direct Salami Direc,t_ E2.2nse_ Grant 289850 Mar 83* $ 8 ,670, 01 $ 51776 . 19 Apr 83 199 , 06 0. 00 TOTAL $ 8,$9.7* $ 5, 7 6 . COMPUTATION OF FEE : General Representation Basic A/E : $ 9,018 x 1 . 0 $ 91018.00 0 & M Manual $ 4 ,400 x 1 .0 41400 .00 Start-Up $ 2 , 000 x 1 .0 21000 . 00 Oper, Plan $ 292 x 1 . 0 292 , 00 $ 15 ,710 . 00 Resident Representation : Direct Salary $ 8,869 , 07 x 2.4576 $21 , 796 . 63 Direct Expense $ 5, 776 . 19 x 1 . 1562 6 ,678 . 43 $ 28 ,475.06 TOTAL FEE EARNED $ 44 , 185 . 06 LESS PREVIOUS FEE EARNED 40 , 150_, 22 NET AMOUNT DUE (Apr) $ � , 034 . 8T CONSTRUCTION COST : Project Contractor final Value Installed Effluent Filters Gracon $ 917 ,200 * See previous statement , dated 04/16/831 TELEPHONE 917 316 . 1161 311 LAMAR STREET FOR WORTH , TEXAS 74102 ' CMV 19 21•*3 0TN 8 200 ` Tdf. / cocde. 32 A 84 ASkgR 1 36 E CdPC44nl0 76 8 DAVis A OlAk 2 F MOSrA wA 1 A NgTr 13 L THOP4 3 2 ► ` To Hewes C"adt 33 e 009 J' C'ockER �tL 6 6 4 .21 f�ou �s - Cade 34 ( fZeale,lan � .re�4pcc4ol C VEACPN '7 SS 75'S -TOM 1pTN02049 �STEP �r3...:WWI'h" EFFLUENT»M �1l,T'ERS..�.:;. d026 ELV 1 N C COPELAND 3 0 3 TOTALS 3 0 a ' rr.rly.w.MO�1I MY�..IkY1 ArMnrww...r..I.rq YrWlwtlw•M.M..1HMMw4. IMi'.1\IMF.IYYIY.«M._.F.y.ww..w_•w...(..w.1.r.MnM»Y _�.r .wr.I.. .••..-i • .. . DPNS2009 STEM 3- -WWTP EFFLUENT FILTERS 32 20 16 SLVIN C COPELAND 6 0 TOTALS 6 0 ' ,DTN82009 STEP 3--WWTP S'FFLUENT FILTERS »� - 32 3146 ARMANDO 0 ALADRO 35 0 Xj 32 3349 NASSER ASKARI 13 0 13 32 2026 ELVIN C COPELAND 2 0 2 32 :303330 ANTONIO DIAZ 1 "'. 0 1 32 45,20 LARRY D THORN 3 0 3 34 34,'�2• COY M VEACH 3 0 3 - w . .TOTALS 57 . 0" 57 ' DTN82009_STEP. 3- -WWTI*. EFFLUENT-FILTERS-32 ' 3369 NASSER ASKAR I 34 . . . 345'41 .. . COY .- 14 0 14' r_r__. _. . M .NEAGH -._ ...... .. ., _. . __......_ W TOTALS 49 53 102 ''a DTh#52009 5 ..... ..Y__._.�. ,.r.. _.- _....�_ t. TEP 3-•-WWTP EFFLUENT FILTERS g-:77 32 3365' • NASSER ASKAR I 32 2026 ELV I N C COPELAND 6 —_34 _ 3452 Coy M VEACH 26 34 , x;+,60 T ' nTNSa009 STEP -3--:WWTP"�EFFLUENT FIL TER3 7l 2 34 3452 COY M VEACH 20 20 40 '•ttil)y 5T =P 3---1-;:•1TP E.FFL.LIE NN t 1=F,L7ERG t" 7�25�82 34 3452 COY ti VEACH 21 24 45 TOTALS 22 24 -0 ti DTNS2009 STET' 3---WWTP EFFLUENT F IL TERS 32 3026 ELI.) r # C COPELAND 4 Q 4 : 32 3146 ARMANDO O ALADRO 41 D 41 32 3369 NASSER ASKAR I ---- '34 }•52 Coy M VEACH 20 i I 31 TOTALS 67 11 78 • DTNO2009 STEP 3---WWTP E FF'LUE141' FILTERS ---- _- . ... ... . 32 2024 ELV1h# C . COP ELAND 32 3r,3r, ANTONIO D IAx 0 3:3 4338 JAi1ES 1 r 1 34 3452 COY E COCKEMELL 6 r 11 VEACH b • 20 2i 4i � dc 32 ; 65e"t •�/ 4?re h� f>oH TOTALS 31 21 rj2�r c:..L.e 7J . D�+�fr�.y c�i.tiya oY14ti 1 1 „ 1Ma•...-....M... . • . .r._..._ r..__ ...•. ♦.Ny. .\'...YM..... ♦. ..ry+..-.. .__ ._. •.• •..Y. •MI..tiFn..n.'Y.'.1H M_Y..+W.TY.—.. ' 'WrN 1 (4 h:! Ff .or:rl l h'tt, 'r'Gra a.. .. C! / -^ •'.d S�1a'f! I:'L.\+ tl'I �: E:OPf.LAIJD 4 Q �_ j 131 .16 6R 1,11,411M U At.ADRO 3 0 N ?•1 i l " ' t' i)',' r1 art AGH 23 24 47 J T0TALa 30 24 _5 . ... -. ...vu....o.......-. .. .• . ..... . .. . .• r.. rr._.....r..r+..�H.._. ......... .tiwv•Mw•. .n..r.w .....W i. .r...Mr .Aa LJ• 1.1fT DTNE12009; STEP 3--WWTP , EFFLUENT FILTERS 32 2026 ELVIN C COPELAND 1 0 1 341• 3452 COY M VEACH _., _ 23 32 _ 55 - 'TOTALS 24 32 °5S I?1'NE?20CE9 o f CP IU �, 32 3146 r1F;PIf,1,ID0 U i11..A11pr1 5 0 5 . . �"� 34 31},9 E.oN' II VE'ACH 20 10 30 TUTAI-r) 25 10 35 �.e�.lrtv.�•. ..,u.w.. ..o., �,._..._.,.,..... ..n . .•....._.. ...u , .u... .....J.'1«e• ._. r .. s.a ...w.Il.•• ..� DTN:Sr U0'� , �TI;.P ;3 --41;1'1'1' ;il'�-1. �.1t. il r I� 1 �..i e,,;S? •_._.. t"i. . l t 1 ( i, f lt'':•. I. r;1,€r? 6 0 — 6 6 37 /1 m 13 D7N3G009W �a7FF' 3r- G1WTP FILTERS 32 - ! ��/JII ,Z 32 20 6 kLVIN C COPELAND 12 0` 2 34 3452 COY M VEACH ' 20 25 45 TOTALS 22 25 47 07N82-GO9 I ILIE;I'la u 2 ;1 ; i=.l t! 3 td C C;OFU.I-AND' S 0 5 r ` 1 ;1:i 33L`; ASKAR 1 1 0 1 3-1 34 S 0 0 Y h1 l!ErNi;11 25 24 49 'rOTAU3 31 214 55 DTM82009 y STET' 3--WWTP EFFLUENT FPLTERS � 32 2026 ELVIN C COPELAND 2 0 2 34 3452 COY M VEACH K^1 13 " 34 32 4372 FAKHER F MOSTAFA 1 0 1 TOTALS 24 13 37 DTN82009 STET 3--I4WTP EFFLUENT FILTERS 32 2026 ELVIN C COPELAND 1 0 1 34 3452 COY M VEACH 33 16 ' 49 32 3639 AMRU 0 NAJI 11 0 11 TOTALS 45 16 61 DTN82009 STEP 3--WWTP EFFLUENT FIL'rEHS �— 32 2026 ELVIN C COPELAND t 0 2 • �:,, : 34 3452 COY M VEACH 26 . .30 ...,._ 56 - TOTALS 2 8 30 58 DTN82009 STEP 3---WWTP EFFLUENT FILTERS 1 1 �.. . .� ! 32 3026 ELVIN C COPELAND 0 M VEACH a 0 f I 1 34 3452 COY ., . . _ 0 . 32 3639 AMRO q NAJT JTOTALs 7 • p'TN640Q9 STEP 3--WWTP EFFLUENT FILTERS . 202,6 ELVIN C COPELAND 4 0 34 3452 COY M VEACH 7 0 7' • TOTAL6 11 0 I 1 , DTN82009' STEP 3--ww P EFFLUENT FILTERS 2- C COPELAND 2 0 2 3� � 0�b ELVIN 4 0 4 2z 34 3452 COY M VEACH �OTALS • 6 0 • _r—.....�.....__ n....n._._. _. - ..i. . ._ I',n.ti{.._��r.�M•\. . .�V..1 r._..rf .•IM• . ..r•.wr._+YMMMw7't. . 1 . .. rrr.. DTN8 2009 ' STEP 3--WWTP EFFLUENT FILTERS 34 2026 ELVIN C COPELAND 2 0 2 34 2452 COY M VEACH 7 0 7 TOTALS 9 0 9 ^ r . �4�3TN82009 STEP 3"-WWTP EFFLUENT FILTERS 32 2046 ELVIN C COPELAND 9 0 9 JI�� rIU 34 ;3452 COY 11 VEACH 4 . ' o . ..4 —•_. 32 76:11 BETTY J DAVIS 1 0 1 TOTALS 14 DTN82009 5TEP 3--WWTP EFFLUENT FILTERS 34 32152 COY M VEACH 6. 0 6 TOTALS 6 0 6 — DTN82009 y '-STEP \3-•-WWTP:EFFLUENTS FILTERS ; 32 20216 ELVIN C COPELAND 3 0 3 4/ / 34 3452 COY M VEACH 5 0 5 -- TOTALS 8 0 8 0TN820C9 STEP 3--WWTP EFFLUENT FILTERS _, 32 2026 ELVIN C COPELAND 7 0 7 34 3452 COY M ,VEACH g . 0 a -_ , TOTALS 15 0 15 . . .0 ...L....+.w...r u..a�. _.. .. PUB W NUTSS 6/23/83 w3w TO 91 EMERGENCY AG >A 1 - ITEM 1 - 0 SID F M ' NT w - F LT RSA Ham advise the oar that the utility staff had obtained records which verify the project is complete and final payment is due , Ham further stated that Freese & Nichols had exceeded the minimum requirements of the contract and had rendered outsl:anding service , Herring made a motion recommending approval of the final payment . Second by Coomes , four ayes , no nayes , motion carried . 10 . E+jiERGENCY AGENDA 1 - ITEM 2 DISCUSS PUBLIC U'I'IL TIES BOARD I I1' S N'I'0 I CITY P BL C bE; VICE A erring stated ' beliame—C75--Toard could benefit by visit ng San Antonio and noted the agency returns 12% of gross receipts to the General Fund . After a brie, discussion , the Board resolved to visit the San Antonio Public Service Board and requested Chairman Laney to arrange the visit . No further action was taken on this item, 11 , M ENC` AGENDA # 2 - _ ITEM L EONS 1DE.R R COMMENDA'1' ION ON 11 SUPPLEMENTAL MENT W 11 n 1 I ~ wnPS UE THE: E RECREATIONAL I + O+ ERNMENT FOR AM NDMENT S TO STATES _ G J DEVELOPMENT AT RAY ROBERTS AND LEWI5VILLE LAKESi Nelson r e e thi--Board on the PrOPOIec supplemental agreement which would modify the original agreement to include fish and wildlife enhancement . Cryan made a motion to recommend the City Council adopt the proposed supplemental agreement . Second Y b Loveless , four ayes, no nayes, motion carried . 12 , CONSIDER 1983-84 ANNUAL OPERATING BUDGET ; Coomes asked Nelson the total amount of budget cuts made in the FY 83-84 budget , Nelson stated that total cuts amounted to approximately $675 , 000 and an additional $276 , 000 of expenses had been charged to , the bond fund , Then , Nelson reviewed water /wastewater and electric fund pro-formas , noting estimated deficits of $603 , 119 and $992 , 818 in the respective operating revenues of the electric fund in FY 82 -83 and the water /wastewater fund in FY 83-84 . Herring asked Nelson what caused the deficits . Nelson responded that the electric fund had a debt service requirement that was larger than expected and that the water /wastewater rates were too low to recover costs . Discussion followed during which the Board expressed its objection to recommending rate adjustments while at the same time transferring a 6% return on investment to the General Fund . Chairman Laney recommended that , in the interests of making the utility funds self -sustaining , the Board eliminate returns on investments when revenues are insufficient Co cover oxpenses , 2218U/ 3 C1TY0/ DENTON, TEXAS MUNICIPAL. BUILDING ;' DENTON, TEXAS 76201 TEL EPIfONE (817) 5668200 M h M 0 R A N D U M TO ; Rick Svehla FROM: Jerry Clark DATE ; June 28 , 1983 SUBJECT : Payment of Retainage - Windsor Drive from Locust to Highway 77 Jagoe Public Company completed this work in March and has finaled out all items From North Locust to Highway 77 , Therefore , this portion of Windsor Drive is to an acceptable standard , Estimate 03 covers all the above mentioned work . Retainage for that estimate is $20 , 468 , 81 ti�,Jjich can be released at this time if you feel it is appropriate , erry r . ' Senior 1, vil gineer DEPARTMENT OF PUBLIC WORKS --hT7v7M,) f?c;TM, -A !'f: Type of Work EAviva a,nd r2raiwag' Estimate No . . Project NcLme - WiUd5or Urive Contract Ativarde,l From Contract Amount 405 , 085160 �. Estimated Period From ; 3 - / , 19 to ^ .3' .L'" 19J3 Cralendar Days Contractor _ IAC CL– P `RYJ J\ PANV _ Allotted 100 �7 [[ rr�f DESCRIPTION l'�'IT 1�1nXCT 1\' �'c�? fC' Jf ,1�'Gl ;1 lbb F' _.�r rx 11t -or�tvaY �Q4- yA.-!7,on S .dga11� � 7 �_•_���- n. S—. .__.._.G.4J..__ ..-._(_�._L'_'1 340_ _1TY pha 4 sY ' .31 - Ty C) _��j halt Patcb llateria_1 To _ 1�� _ _ rd_��� 4 ?.1 Class A Concrete 2 , 1 'j . 27�, Q CL- ass Cl C Concrete Riprap_ _ _-- --- - S . Y ,- -- 3a0._- - '_I4- -- - 18 . 9 - 1✓� �, ' _ _ — - ----9 Q- Ends 6 ; 1 f3eyc� J >✓ 1 C n . L?6___ ' h`1 .3p"_.�:t..G�J.'_,__.___-•-- --_—__..__ _.–._—___ L,F.�_ _�2Q .__ "' `'. _ _ Oyu. C 1b�0 > Bo-_Junc_tion x 6 Ea , - - - - (--' X 4 ' 200 .0 _.Boa. _ u] vert.� b' _v_ i..}t 6!_rur b I n t t _� --- --- ----- -- -- _Efl , --- - ---- '�- _ �_ _ 2010. 00 _ �C>i—_8 ' Curb Inlet 2 . 30�J 0 �LaCG s u�_ _6f Type 11 Curb Inlet :;��_ nleram _Cover _.1c), -79 ArJ; --_ -_-_ . —15r�0—. 0�=�_ kI �— `- . ___ J. 19�L- 2" 5'� "14 , bn_Concr�tesrjvesva.y _ ------.__. -- S _?'.. _ _._.z _5 ._. -.L.S�. - -2 , 3t> _.Co�Z:.iO ' _-4!!__�ancrs .=4. -f�!'__Cnncr_etiver�'l�tsvrr_4c-_._.._------_----.-__-- --S ..Y�.. _ _--- 'rim Metal Beam Guard Fence L. F . 45 . 1r . 0 u°, 6 ' Chain Link Fence }v/Barb Wire Bar . .L-, F 2 , 96 4 ' Chain Link Fence L. F . 1 , 321: , 2 . 20 `. P . 2Sawcut Exlstj, n - ` . -"-` c Total Amount . . . . . . . . . . . . . . . . . . . c �rtifieci ~ , G _� s Corre `1 Plus Extra WorI. . . . . . . . . . . . . . . . S �y "t`= `T , 1 - Tota G l Amount of l%Iork bone $ D �Q; :,proved, Sti,; ' . ,�C Qct -�Z Less C 5� I:etiined . . . . . . . , . . , $ ate _ �1J S 19 '31 Difference . . . . . Less Previous Payments . . . . . , . . $ Amount- Due This I.'.stim<jte q 7 / 6 CERTIFICATE OF AUYMEN7IC Y THIS IS Yd CIATIFY Ihel Iho mlcropholographc' appoatlnq on Ih" Irllm• ►Ilo , % CITY COUNCIL AGENDA PACKET 07/05/83 •nd farm� w I Ih...........�_... Wing wllh CITY COUNCIL AGENDA PACKET " arr CITY OF DENTON octurahr end comploto mpro4cilonc of Iho records of (Company and CITY SECRETARY ac dollvorod In lho regular touno of kuclnocc for pholographlnq, M Is furlhor corllnod Ihol Iho mlcropholopraphlC prococcoc w*ro eccornpilchod In a mannor and on Alm which moolt wilh rrgvlromonlc of Iho Nallonel llyfryau of Slendwd4 for p*rrnononl mlcrophologroplflc copy. +.Sltlrr n • Re o o rd a C o m P"'y �- Il*aAI TCCHHOLOQY AY (ieWM C..r� �►°'"'� PL1C tAtk Rnw Ste+ tt MIIng4on, Tour, 76410