HomeMy WebLinkAbout08-16-1983
AGENDA
CITY OF DENTON CITY COUNCIL
Auust 16, 103
lic
Joint Meating of the City August D on 16, Ci1983ounc 51:30 and p tm he Public
Utility Board on Tuesday,
followinDefense .s will bof th e coneidered:ipal Building at which the
8
5:30 p•m.
1. Receive a report (update #2) from Gilbert Associates
on 1983 Electric Rate Study,
2. Executive Session:
A, Leggal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
B. Real Estate Under Sec. 2(f), Art. 6252-17
V.A.T.S.
Co Personnel Under Sec. 2(g), Art 625217 V.A.T.S.
D, Board Appointments Under Sec. 2(g), Art
6252.17 V.A.T.S.
CCit oy Council o rsT a dthe
Regular Meeting of the City of in Denton
August 16, 1983 at 7;00
Municipal Building at which the following items will be
considered:
7:00 p.m.
11 Approval of the Minutes of the Regular Meeting of
August 2, 1983.
2. Consent Agenda:
Each of these items is recommended by the Staff and the the
approval thereof will be strictly l of nthe Consent Agenda
Staff recommendations. App
authorizes the City Manager or his designee to
implement each item in accordance with the Staff
recommendations.
A. Bids and Purchase Orders:
1, Sid 0 9174 - Refuse Bags
2. Purchase Order 0 59268 to Cummins Supply in
the amount of $3,312.37
City of Denton City Council Agenda
August 16, 1983
Page Two
B, Plats and Replats;
1. A proya2 of the final plat of Gideon Walker
Addition, (The Planning and Loning
Commission recommends approval.)
2. Approval of the final pla;, of Missouri-
Pacific Railroad Addition. (The Planning
and Zoning Commission recommends approval.)
3. Presentation of retirement claque to George Fritz,
Electric Production Division.
4. Appearance by .Mr. Edward Cook regarding amending the
taxi ordinance.
5. Public Hearings;
A. Z-1592` This is the petition of Neal J,
nnerello requesting a change in zoning from
agricultural (A) to the general retail (GR)
classification on a one acre tract located along
the north side of Shady Shores Drive beginning
approximately 100 yards east of the inter-
section of Shady Shores and the 1.35 service
road. (The Planning and Zoning Commission
recommends approval.)
1. Adoption of an ordinance approving a change
in zoning from agricultural (A) to ttie
general retail (GR) classification on a one
acre tract located along the north side of
Shady Shores Drive beginning approximately
100 yards east of the intersection of Shady
Shores and the 1-35 service road.
B. S-.172. This is the petition of Morelle Miller
requesting approval of a specific use permit in a
single family (SF-7) zoning district. he
property is located at 704 Audra Lane and begins
along the east side of Audra Lane approximately
110 feet south of Paisley Drive. If approved,
the specific use permit would allow the opera-
tion of a day care center for thirty-four (:54)
children in a single family (SF-7) zoning
district. (The Planning and Zoning Commission
recommends approval.)
1. Adoption of an ordinance approving a
specific use permit for a day care center at
704 Audra Lane.
City of Denton City Council Agenda
August 16, 1983
• Page Three
6. Ordinances:
A, Consider adoption of an ordinance approving a
specific use perml,t for a mobile home park on a
47 , 06 acre tract of land in the E, Mor ins Survey
Abstract 868, and the Mary L, Aust yt
Abstract 4, Denton County, Texas and being
generally described as located north of Spencer
Road and west of Woodrow Dane. The property is
presently zoned light industrial (LI). (S-170)
B. 491,13eacredtract adoption Lana located along n the of ordinance annexing a
side of Jim Christal Road and west of the
existing city limit. (Z-1578) (The Planning and
Zoning Commission recommends approval. The
Airport Board recommends deleting the portion of
the tract west of Hickory Creek.)
of n the sSouthwestce with
C, General Consider Telehone adoption Coof a mpany franchise
7, Resolutionsi
A, Approval of a resolution applying for selection
to participate in the 1984 "Main Street" program
and funding a "Main Street" project manager.
application
uthorizing
B. Approval
state of a resolution a
CommunityDevelopment
Block Grant (CDBG) program.
8. Consider approval of the State Department of Highways
and Public Transportation's proposal prohibiting
two-way operation of traffic upon the frontage roads
of IH-35 from U.S. 77 north to the City limits.
Citizens Traffic Safety Support Commission recommends
approval.)
96 Approval of the setting of September 6, 1983 and
September 20, 19830 at 7;00 p.m., in the Council
Chambers of the Municipal Building as dates, times and
place for public hearings concerning the petition of
Smith Brothers Roping for annexation.
10. Approval of the final replat of lots 1 and 2, Block 1,
T. N. Skiles Addition. (The Planning and Zoning
Commission recommends approval.)
City of Denton City Council. Agenda
August 16, 1983
Page Four
116 proval of a maintenance contract with TRES for the
~S Payroll/Personnel System for the peri d July 1,
1983 to June 30, 1984 in the amount of 11,850.00.
(The Data Processing Advisory Board recommends
approval.)
12. Consider request from Mr. Ben Pinnell and Mr. John H.
King for sanitary sewer service outside the City
limits. (The Public Utility Board will make their
recommendation prior to the Council meeting.)
13. Consider request by City of Corinth to waive water
contract provisions. (The Public Utility Board will
make their recommendation prior to the Council
meeting.)
14. Consider approval of the 1983 City of Denton certified
tax roll.
15. Approve the adjustment of the April and June City of
Denton supplemental tax roll.
16. Official Action on Executive Session Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
17. New Business:
This item provides a section for Council Members to
suggest items for future agendas.
CERTIFICATE
I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, Texas,
on the Y4- day of l - 198 at
o'clock a.m. ?
J
G~ U K ETAK Y
09700
1 REQUEST TO CITY COUNCIL AUGUST 16, 1983
REI AMENDING ARTICLE IV TAXICABS OF DI?NTON CODE
STATEMENT OF PURPOSE=
IT IS MY DESIRE; TO OPERATE A LUXURY CAR LIMOUSINE SERVICE IN THE CITY
OF DENTON. THIS SERVICE WOULD BE AVAILABLE ON A SET FEE BASIS BY
RESERVATION, ME SERVICE WOULD BE D1REC'CED 'COWARD DENTON BUSINESSMEN
ENTERTAINING V. I , P, 'S, WEDDINGS, PROMS, THEATRE, AND SPECIAL 1"VElINGS
OUT, LIMOUSINE SF.RVTCE WOULD ALSO BE AVAILABLE TO THE METROPLEX AIR-
PORTS. ALL DRIVERS WOULD BE UNICORMED, WELL GROOMED, AND FULLY INSURED
AS REQUIRED BY THE TAXICAB CODE,
UNDER TIIE PRESENT CODE ANY VEHICLE FOR HIRE (OTHER THAN A BUS) IS
CONSIDERED A TAXICAB, SECTION 26-50 REQUIRES TAXICABS TO 1IAVE THE
NAMF. AND TELEPHONE NUMBER OF 'rill" COMPANY ON THE SIDE OF THE V1t11ICLE,
SECTION 26-52 REQUIRES TAXICr13S TO HAVE A TAXI METER TO DETERMINI': FEES,
AS THIS WOULD BE A LUXURY CAR SERVICE, I FEEL THAT I'i WOULD BE INCONSISTENT
14IT14 THE PURPOSE. OF TIM SERVICE TO HAVE A SIGN AND 'I'Al'IMETI:R AFFIXED TO
THE VEHICLE AS WELL AS INCONSISTi:N'P wivi OTHER LUXURY CAR SERVICES IN
THE MFTROPLEX,
THEREFORE, IT IS NY REQUEST TO AMEND TIIE: CITY CODE, TO ALLOW A LUXURY
CAR LIMOUSINE TO OPIRATE ON A FIXED FEE BASIS BY RESERVATION WITHOUT A
TAMMEITER OR SIGNS ATTACHED 1'0 'I•HI: VF;HICLI:.
RESPEC 'FL Ll',
EDIJrlI2D E. COOK
1)1B,A, EXECOTIVE LIMOUSINE SERVICE:
2843 DENTON CODE § 26.4:3
ARTICLE IV, TAXICABS*
Sec, 2643, .Definitions,
City, The term "city" as used in this article shall mean the
City of Denton, Texas.
Driver, The term "dxiver" shall be held to include every person
in actual charge of the operation of a taxicab, as herein defined,
whether as owner or agent, servant or employee of the "owner"
as herein defined,
Owner. The term "owner" when used in this article shall be
construed to mean any person, firm, corporation, association,
partnership or society who has the control, direction, mainte•
nonce and the benefit of the collection of revenue derived from
the operation of taxicabs on or over the streets or public ways of
the city, whether as owner or otherwise, except as "driver" as
herein defined.
Person, The term "person" shall include both t•ingular and
plural, and shall mean and include any individual, firm, corpora.
tion, association, partnership or society, and their agents. ser•
rants or employees.
Street The term street as used in this article shall mean and
include any street, alley, avenue, land, boulevard, drive, public
place or highway commonly used for the purpose of public travel
within the incorporated limits of the City of Denton.
Taxicab, ThaOrm "tAZicab" *4 used in this aKicle'shall m 'n
every alrtlorn61W,e ar m4oi-pro~wlled 3e~ti`14 uae 4for trsriep4' +l
tioti of p~! fo>;' ~ fiver }+k~ tb i~ ~eetu tji` the Cit~►~;ef
tts+ r
`~'►`i"itY?Ckntar; pt4t (t;
h f~t'istdf1b r• r
'Editor's note-Ord. No. 8280, 4 1, enacted Oct. 12, 1982, amended Ch, 26,
Art N in Its endreh, to read m herein aet out The subawr.tive provisions of fomity
Art. R1, consisting of 44 2643-2864, were derived from Ord, No, 6708, 44 1, 2,
adopted Feb. 28, 1967, Ord. No. 68.28, 4 1, adopted Sept, 10, 1968; Ord. No. 12.11.
§ 1, adopted April 11, 1974 Ord. No. 74.14, § 1, adopted April 16, 1974; and Ord
No. 80•:;4, 11, adopted April 22, 1980.
Croas reference-Desi:,stion and use of taxicab stands, 124-130.
Supp. No. 38 1030
§ 26.43 VEHICL~'E~jS FOR HIRE § 26+-44
at" wit? a i 1
i~xa ~1C r&40
OV0 i ti~ct;d fir dMttta~d i*uw, tu>r.' i U
~'aximeter, The term "taximeter" as used in this article shall
mean a machine adapted automatically to calculate, at a prede,
termined rate or rates, and to register, the charge for hire or a
taxicab and such charges shall be indicated by means of figures.
Waiting time. The term "waiting time" as used in this article
shall mean such times as may be consumed or lost at the special
instance and request of a passenger after such passenger has first
entered the taxicab to make a trip and before reaching his final
destination, No charge shall be made against a passenger for any
time lost on account of any other delay whatsoever. (Ord, No.
82.80, § 1, 10.12.82)
Sec. 28-44. Taxicab licenses,
(a) Required It shall be unlawful for any person to drive or
operate, or cause to be driven or operated, any taxicab upon or
over any street in the City of Denton, unless there has been
obtained by the owner of and for such taxicab and existing in full
force and effect, a license duly issued by, the city secretary of the
City of Denton as hereinafter provided.
(b) Necessihv. No license to operate a taxicab shall be issued by
the city secretary until the chief of police of the City of Denton
has certified that
(1) The taxicab has been properly inspected as required by the
lams of the Stme of Texas;
(2) The liability insurance required by this article for each
taxicab is in full force and effect, and,
(3) The taxicab or taxicab service has a definite and fixed
place of business in the city and has a telephone number in
service at which requests for taxicab service can be made.
(c) Revocation or suspension ojlicense. Upon complaint against
a licensee filed by any person with the chief of police, or upon his
Stipp. No. 38 1031
1 '
§ 26.44 MN'TON COPE 6 26.45
own motion, charging violation of any of the terms of this article,
or any ordinances of the City of Denton. or laws of the State of
Texas regulating,motor vehicles, the chief of police after giving
five (8) days' notice of the grounds of said complaint to such
licensee against whom complaint is made, may hear evidence
with reference to such complaint, and after such hearing the
chief of police may revoke or suspend the license for good cause
shown.
(d) Findings. After the chief of police has heard the complaint
for the revocation or suspen. ion of the license of any owner of n
taxicab, he shall make his tlndings and declare the same, and
either the o\Nmer of such taxicab or the complaintant shall have
the right to appeal to the city council as hereinafter set out.
(e) License contents. Said license shall state the year for whi('r
it is issued, the name of the owner of said vehicle, shall designate
that said vehicle is a "taxicab," shall state the make of said
vehicle, the engine number of said vehicle, and the current li•
copse number of said vehicle, and shall state the amount of
license tax paid for the operation of said vehicle and shall further
state that the owner of said vehicle has deposited with the city an
insurance policy for the protection of the passengers thereof and
of the general public as provided for in this article, and said
license shall be signed by the city secretary. (Ord, No. 82.80, F 1,
10.1282)
Sec. 28-45, Public liability insurance.
(a) Required Before any Iicense shall be issued to any owner of
a taxicab hereinbefore defined, or before any renewal of licenses
shall be granted, the owner shall be required to Elie with the city
secretary, and thereafter keep in full force and effect, a policy of
public liability insurance approved by the city attorney executed
by an insurance company duly authorized to do business In the
State of Texas, and performable in fence,) County, Texas, insur•
ing the public against any loss or damage that may result to any
person or property from the operation of such vehicle or vehicles,
and the maximum amount of recovery in such policy of insurance
specified, shall not be less than the following sums, to wit:
Supp. No. 38 1032
§ 26.45 VE,HICIxS FOR HIRE, F 26-45
~rivs
(1) For s, ljabjljt~, in
hundred tthousand dollars 4100,000.00).
or death
(2) For the injury or death of any one person in any one
accident, three hundred thousand dollars ($300,000.00).
(3) For lnjury or destruction of property in any one accident,
fifty thousand dollars ($60,000.00).
Provided, however, that if it he shown to the satisfaction of the
chief of police that policies in the above amounts cannot be ob.
tained, then policies in lesser amounts may be secured and filed
in full compliance with the provisions hereof, upon certificate to
that effect being filed with the city secretary by the chief of
police, and urn approval of the stated lesser amounts by the city
attorney.
(b) Exceptions, employees. The above described public liability
insurance shall be for the protection of the passengers of said
vehicles and for the public, but shall not cover personal injuries
sustained by the servants, agents or employees of the person
filing the same.
(c) Continuing liability. All policies of public liability insur.
ante shall contain a provision for a continuing liability thereon
up to the full amount thereof, notwithstanding any recovery
thereon.
(d) Cancellation, In the event any policy is so cancelled upon
the request of the surety or insurer, and no insurance policy is
filed by said licensee before the cancellation of said original
assurance, then the license to operate taxicabs granted to said
licensee shall be automatically revoked.
(e) City not liable. Neither said city nor any officer thereof
shall be held liable for the pecuniary responsibility or solvency of
any such insurer, or in any manner become liable for any sum on
account of any such claim or act or omission relating to any such
motor vehicle, nor shall the liability of the owner of any such
motor vehicle be in any manner limited or changed in connection
with this article of such license or assurance but the judgment
creditors having causes of action secured thereby shall be author.
ized to sue directly on such policy of insurance without implead.
Supp.NO.38 1033
§ 26,45 I)FNTON COUF. § 26,46
ing the City of Denton, and all persons known to any insurer to
have been injured or damaged in the same accident and claiming
damages therounder may be made parties without priority of
claim on payment in any suit had or instituted on account of such
matters. (Ord. No. 8280, § 1, 10.12.82)
Sec, 26.46. Wcense and inspection fee,
(a) A mount; term. In order to defray a part of the expense
necessary to provide surveillance, supervision and inspection of
taxicabs required under the terms and provisions of this article,
there is hereby levied a license and Inspection fee of one hundred
dollars ($100.00) per annum for each taxicab so operated, which
fee shall be collected from every person, firm or corporation own.
ing and operating taxicabs on the streets of the city by the city
secretary before said license or renewal thereof is issued, Said fee
shall be payable in advance on an annual basis, and shall be dt.e
and payable for any year not later than the first day of Januery
of any year, such fee to cover the calendar - . r, If a license to
operate and, taxicab is granted during a current year the fee shall
be paid for the balance of the year ending December thirtydlrst.
(b) Sold, wrecked, destroyed vehicles, In the event a taxicab on
which the fee has been paid for the then-Current. year is sold,
wrecked or destroyed, the owner thereof shall have the right to
replace said taxicab with another, and upon written application
to the chief of police, the license and inspection fee therefor paid
on said taxicab so sold, wrecked, or destroyed shall be made
applicable to the vehicle designated to replace such taxicab so
sold, wrecked or destroyed, and the licensee shall surrender the
license certificate on the vehicle so sold, wrecked or destroyed
before receiving a new license certificate,
(c) Lost license certificates. In case any licensee shall lose his
license certificate, said licensee shall forthwith and before doing
any further business procure a duplicate license certificate from
the city secretary, and shall pay for such duplicate license certifi•
cate the sum of five dollars ($6.00),
(d) Refunds. There shall not in any event be any refund of
license and inspection fees paid under this article,
5upp.No.38 1034
I
26.46 WH1Ct.E;S FOR HIRF. F 26.50
(e) Receipts. The fees shall be paid to the city cashier who shall
issue a receipt therefor which shall be presented to the city
secretam- before any license Is Issued, (Ord. No. 8280, § 1, 10.12.82)
Sec, 2647. Operation of taxicab limited to licensee and
approved chauffeurs.
No taxicab for which a license shall have been issued shall be
operated by anyone except the licensee thereof, or any employee
properly qualified, and approved by the chief of police of taxicabs,
Licensee shall obtain the name, address and last place of em,
ployment of each and every licensed chauffeur applying for work
before hiring him; and further said licensee shall forthwith fur.
nish to the chief of police the name and address of every licensed
chauffeur before his being hired, and of every, licensed chauffeur
that may be discharged. (Ord. No, 82.80, § 1, 10.12.82)
Sec. 26-48, Transfer of license.
No license issued under the terms of this article shall be trans.
ferred to any other person, nor shall such license be used for the
operation of any vehicle except for the vehicle for which said
license is issued. (Ord. No. 82.80, § 1, 10.12.82)
Sec. 2649, License to be posted in cab.
The license issued for the operation of a taxicab under the
terms of this article shall be posted within said taxicab in a
conspicuous place, and it shall be a violation of this article for a
failure to do so. (Ord. No. 82.80, § 1, 10.12.82)
Sec. 26450. Owner's name, oft., required on cab.
vsry tls ''+`1M111Wid itf"#d.by, fiscal on the
dobk,r E r t;ot uto,40dor
which tfie %W,64;o t~1f i~ ir` " tt~ ; et`e telephone
nutnVo. AA, the
te14} J 3A b~ ice, I~siwll be; of
ell' fiq mega ,t ,i3'pii dgfaph
aK S,be~"tl`d "ft+li~stEr`o O„a is in hei'gh't; and not lees than
one fourth SG)'ffinlt in etralte. (fhd, No. 82.80, ¢ It 10-12,82)
5upp. No. 38 1035
F 2651 PENTON CODE 4 26,63
Sec, 26.51, Rights of passengers,
Any driver employed to carry passengers to a deflnite point
shall take the moat direct route possible that will carry the
passengers safely and expeditiously to their destination, (Ord
No. 82.80, 4 10.12.82)
Soo, 36Si, Toximo#Arsi rote: to bs ohaned.
All famti aball be determined b 1 ,in eac
1~
eui
der M .R {1,
wticab r4~1 ilk ,40
~
op r _ good
yea . Evel In operating cvpdWoo ~ %0), C+ ' iii A"dli be
, 1d
sealed et`ts i i~'# M rtp t ,,t~ {p~nipd
Wk
atfeat,t~, ~dP 1gt4r.~j"t 1 "
0, (n tab d f at
not itefo lb 4.9 a, ti~eei rates
aHng e~ , ;a,
(a) Passengers will be charged as determined by the taxime•
ter a minimum fare of one dullar and twenty cents ($1,20)
including the first one-tenth (1110) mile plus ten cents
($0,10) for each additional one-tenth (1/10) mile from the
point of pickup to destination.
(b) An extra charge of fifty cents ($0,60) will be charged for
each additional passenger,
(c) A surcharge of fifty cents ($0,60) will be charged for any
pickup occurring between the hours of 8:00 p,m. and 6:00
a. m.
(d) Passengers will be charged as determined by the taxime.
ter a fare of twenty cents ($0,20) for each ono and one-half
011) minutes of waiting time or traffic delay,
(Ord. No. 8280, § 1, 10.12.82)
Sec, 2"3, Rates and chauffeur's name and license to be
posted in cab.
There shall be posted in a conspicuous place on the inside of
each licensed taxicab, in addition to the license issued to licensee
required by this article, a card showing the rates charged by said
taxicab, There shall also be placed in a conspicuous place inside
Supp. No. 38 1036
' r
3
I
i
26•b3 1'EiiICLES I'OR NIRF 2W
of each licensed taxicab a card hearing the name and chauffeur's
license number of the driver of said taxicab as issued to him by
the city secretary. (Ord, No, 82.80, § 1, 10.12.82)
Sec, 2664, Passengers required to pay fare,
It shall be unlav4ul for any person to refuse to pay the legal
fare of any of the vehicles mentioned In this article after having
hired the same, (Ord. No. 82.80, § 1, 10.12.82)
Soo, 2666, passenger's reeelpti may be required.
It shall be unlawful for the driver of any taxicab upon receiv•
ing full payment of a fare to refuse to give a receipt upon the
request of any passenger making said payment. (Ord. No. 8280,
§ 11 10.12.82)
Sec, 2666. Charging excessive fares unla%lul,
It shall be unlawful for the owner or driver of any taxicab to
refuse to convey a passenger at the rate specified on the rate card
displayed In said taxicab, or demand or receive an amount in
excess of the rates displayed on said card. Except that such owner
or driver ay refuse to convey a passenger then misconduct or breach of the peace. (Ord. No. 82-80, § 11p 10-12-82)
Sees, 2"7--2664, Reserved.
ARTICLE V, AMBULANCES•
Sea, 2666, Definitions,
For tr,e purpose of thin article, the following words and phrases
shall have the meanings respectively ascribed to them in this
section;
t •Editor's note-Ordinance No. 83.13, f 1, adopted Feb. 1, 1983, amended Art,
substantive provi.
its
V. Ambulances, in
of former Art\ V. 1t 26.66, were d derived herein set Ord out. . Noe$2 74, f 1, erected
Sept. 14, 1982.
Cross references-Civil defense, § 7.1 ei seq,t flre prevention, t 10.1 et seq.:
privilegos and exemptions from traffic regulations regarding authorized emer,
gency w,ldes, f 24.19; procedure of other vehicles upon approach of enrergeney
vehicles, i
exemption) of following authorited
emer6 nc} evehi vehicles esf,ede egulatitns, 4
24103; wreckers, 4 27.1 et seq.
Supp. No. 39 10,17
AGENDA
C'JTY OF DENTON CITY COUNCIL
August 16, 1963
~3U and p tm,e Public
Joint MeetinF'$ of the City August Dentol,6City 1R83Council
Utility Hoar,! on 'T'uesday,
items will be conaideredripal Building at which the
gollowiag Dofense Room of te
5:30 p.m•
11 Roceive a report (update 112) from Gilbert Associates
on 1983 Electric Rate Study.
2. Executive Sossion:
A. Lebb~al matters Under Sec. 2(e), Art. 6252-17
V.A,T.S.
B. Real Estate Under Sec. 2(f), Art, 6252-17
V,A.T.S.
C. Personnel Under Sec. 2(g), Art 6252-17 V,A.T.S.
D. Board Appointments Under Sec. 2(g), Art
6252-17 V.A.T.S.
Regular Meeting of the City of Denton City Council on 'Tuesday,
August 16, 1983 at 7:00 p.m, in the Council. Chambers of the
Municipal Building at which the followin6 items will be
considered:
7:00 p.m.
1. Approval of the Minutes of the Regular Meeting of
August 2, 1983.
2. Consent Agenda-,
Each of these items is recommended by the Staff and
approval thereof will beApprovallyof ilth.e the basis Of tile
Consent Agenda
Staff recommendations.
implement authorizes eathe ch helm in naccordancehiwith the Stuff
recommendations.
A. Bids and Purchase Orders:
1. Bid # 9174 - Refuse Tugs
2, Purchase Order # 59268 to Cummins Supply in
the amount of $3,312.37
Gity of Denton City Council Agenda
August lG, 1983
Page TWO
ii, Plilts and Replats,
1, Approval of the final plat of Gideon Walker
r\ddition~ he Planning and zoning
contlnission recommends approval,)
2, Approval Railroad AdditioilI (The M11 lanning
and Zoning Gommission recommends approval.)
3, Presentation of rotiroment pLa quo to George Fritz,
blectric Production Division,
4, Appearance by Mr, hdward Gook regarding amonding the
taxi ordinance.
5, Public Hearings:
A. Z-1592.6 This is tho petition of Neal J,
iin'"-ncirello raqu0st111g a change in zoning from
agricultural (A) to the general retaii (GR)
classification on a one acre tract located along
the north side of Shady Shores Drive beginning
approximately 100 yards east of the inter -
section of Shady Shores and the 1-35 service
road, ('l'ife Planning and Zoning Commission
recommends approval.)
L, Adoption of an ordinance approving a change
in zoning from agricultural (A) to ttto
general re taii (GR) classification on a ono
acre tract located along the north side of
Shady Shores Drive beg inn.Lng approximately
100 yards east of the intersection of Shady
Shoiros and the 1-35 service road,
B. S-172, This is the petition of Morelle Miller
requesting approval of a specific use permit in a
sIIig1.e L'auliIy (SP-7) zoning district, The
property is located at 704 Audra Lane and begins
along the east side of Audra Lane approximately
110 feet south of Paisley Drive. It approved,
the specific use permit would allow the opera-
tion of a day care center for thirty-four (34)
children in a single LaIII ily (SF-7) zoning
district. (The Planning and Zoning Gommission
recommends approval.)
1. Adoption of as ordinance approving a
specific use permit for a day care center at
704 Audra Lane,
City of Denton City Council Agenda
August 16, 1983
Page Three
G, Ordinances:
A, Consider adoption of an ordinance approving a
T s ecific use permit for a mobile home park on a
4 .06 acre tract of land in the E. Morris Survey,
Abstract 868, and the Mary L. Austin Survey,
Abstract 4, Denton County, Texas and being
generally described as located north of Spencer
Road and west of Woodrow Lane. The property is
presently zoned light industrial (LI). (5-170)
B. Consider adoption of an ordinance annexing a
491.13 acre tract of land located along the south
side of Jim Christal Road and west of the
existing city limit. (Z-1578) (The Planning and
Zoning Commission recommends approval. The
Airport Board recommends deleting the portion of
the tract west of Hickory Creek.)
C. Consider adoption of a franchise ordinance with
General Telephone Company of the Southwest.
7. Resolutions:
A. Approval of a resolution applying for selection
to participate in the 1984 'Main street" program
and funding a "Main Street" project manager.
B. Approval of a resolution authorizing application
for state administered Community Development
Block Grant (CDBG) program.
8. Consider approval of the State Department of Highways
and Public Transportation's proposal pvohibiting
two-way operation of traffic upon the frontage roads
of Ili-35 from U.S. 77 north to the City litai.ts. (The
Citizens Traffic Safety Support Commission recommends
approval.)
9. Approval of the setting of September 6, 1983 and
September 20, 1983, at 7:00 p.m., in the Council
Chambers of the Municipal Building as dates, times and
place for public hearings concerning the petition of
Smith brothers Roping for annexation. (Z-1559)
10. Approval of the final replat of lots 1 and 2, Block 1,
1'. N. 5kiles Addition. ('T'he Planning and Zoning
Commission recommends approval.)
City of Denton City Council Agenda
August 16, 1983
Page Hour
11. A roval of a maintenance contract with TKES for the
KU Payroll /Personnel System for the period Julyy 1,
1983 to June 30, 1984 in the amount of $11,850.00.
(The Data Processing Advisory Board recommends
approval.)
12. Consider request from Mr. Ben Pinnell and Mr. John H.
King for sanitary sewer service outside the City
limits. ('The Public Utility Board will make their
recommendation prior to the Council meeting.)
13. Consider request by City of Corinth to waive water
contract provisions. (The Public Utility Board will
make their recommendation prior to the Council
meeting.)
14. Consider approval of tW 1983 City of Denton certified
tax roll.
15. Approve the adjustment of the April and June City of
Denton supplemental tax roll.
lb. Official Action on Executive Session Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
17. New Business:
This item provides a section for Council Members to
suggest items for future agendas.
CERTIFICATE
I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, Texas,
on the day of , 198 at
o1clock a.m. p.m.)
CITY ARY
5 -
0970C
August 16, 1983
JOINT CITY COUNCIL./PUBLIC UTILITY HOARD AGENDA ITEM I!
80JECT
}teceive Report (Update 112) From Gilbert: Associates On 1983
Electric Rate Study.
SUMMARY
Al Herman of Gilbert Associates will be at the Joint
Council/Public UtiliLy board meeting at 5:30 pp,m,, on
August 16, 1983, to present the report on the Electric Rate
Study, A copy of the report is included with the Council
Agenda packet. Attached herewith are the proposod Electric
Rate Tariffs and graphs coiuparing Denton's proposed rates
with the existing rates, Denton County Co-Op rates and
Texas Power and LiBht• rates for the various customer
classes,
FISCAL SUMMARY
The proposed rates would have produced revenues o
7.6% above1 thin fiect for e anticipated fiscal year
19882183;31 which they had
$31,708,266 that is estimated to be produced from the
present rates for 1982-83,
ACTION RLQUIRED,
Receive report and provide input regarding proposed rates,
No action is required to adopt rates at the present
meeting. After review and appropriate consideration of the
rates, it is anticipated to consider the rates for adoption
at; the September 6 1983, Council meeting. Implementation
of the rates would 6 on bills rendered on October 10, 1983,
Respectful y
R. E. Nelson
Director of Utilities
ExHiBIT i Electric Rate Study Report
iI Comparison Graphs
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CITY COUNCIL MINUTES
August 21 1963
The City Council Convened Into a folnt meeting with the Planning and
Zoning Commission at 500 p.m. in the Civil Defense Room.
COUNCIL
PRESENT; Mayor Stewart; Council Members Alford, Barton, Chew,
Hopkins and Stephens
City Manager, City Attorney and City Secretary
COUNCIL ABSENT. Mayor Pro Tom Riddlesperger was on vacation
PAX
PRESENT; Commission Member Escue, Claiborne, Pearson, SIdor,
and Cole
PAZ
ABSENT; Commission Member Juren and LaForte
1. The Council considered adoption of policies concerning
major annexations,
Jeff Meyer, Director of Planning and Community Development, reported
that in the past, assumptions have been made about areas to be
annexed, The Planning and Community Development Department had at
times been put in the Position of reacting to annexation
situations, Meyer stated that the Staff was in the process of
developing policies which would govern when and where annexation
proceedings should be Initiated and was soliciting input from the
council.
Charlie Watkins, Senior Planner, stated that some areas were
receiving development proposals. This exercise would help the Staff
when they received plats and give direction from the
decision-makers. Watkins stated that 0% of the City's size could
be annexed this calendar year. Including the annexations already
completed, an additional 5460 acres could still be annexed this year.
Watkins displayed a large map with potential annexation areas
highlighted. A copy of the map is attached and made a part of these
minutes. The first area on the map which was discussed was a large
area west of Highway 380 and north of the Denton Municipal Airport
near the Hickory Creek sewer line. The area is in the flood plain
and, at the present time, the County regulates development, Much of
this area shares the sewer line and Is contiguous to the present
City limits. One potential annexation parcel located in this area
(denoted on the map as A) was along Highway 380 by the airport.
There are 56 people living in this area with water and sewer service
in place. The planned land use in this area would be industrial,
The second area discussed (denoted on the map as B) was South and
east of the Denton Municipal Airport and fronted on Interstate
35-West. Sewer service is In place for approximately 1/3 of the
area with water and sewer available for extension to the remainder
of the parcel. Only 2 people live In this area. The condition of
the IH-35W service road is a major concern.
The third area discussed (denoted on the map as C) was in the Solar
Way Addition and consisted of approximately 500 acres. There are 27
residents in this slowly developing area. The addition is extremely
close to areas that are presently receiving City services. It was
hoped that as the area grew, developers would participate in the
improvement of Bonnie Brae.
The fourth area discussed (denoted on the map as 0) was south of the
Denton State School near Ryan Road with approximately 3,000 acres of
land. At the present, the area has a dispersed population and would
be difficult to provide with City services. Another factor was
that, if annexed, the maintecance of Ryan Road and Robinson Road
would become the responsibility of the City whereas now the County
maintained them.
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AnnexNlon rowdy areas
City of Denton city council Minutes
August 20 1983
Page Two p
The M4yhflilf Roadrarea;isUmited (Infrastructurehwasahn place) buts wouldtbe
available for extension to this parcel,
Charlie Watkins stated that the Staff would recommend as the fitrseQt
Mayh111iarearsecond, tthe aSolaarf WaynAdditionaarearN) athird( )area (6}
fronting on 1H-36W near Victor equipment fourth, and area ( D) by
Ryan Road fifth.
be n the asked potential aannexatilon nacreage, Ryan Road was
xcluded,Mwhat r Would Stephens
OxCludedl What Would be the potential annexation acreage,
Watkins respondod that the total of all five areas would be
and the parcel near Ryan Road consisted of
approximmately 3,000 acres,
Jeff Meyer stated that an in-depth analysis of the cost
CounctiYsn dsst re fnn annexation planning. be undertaken in response to the
Council Member Hopkins asked if the total allotment of allowable
acreage was not annexed this calendar year, could the acreage be
carried over to the next year.
amounts which would total as 30` well as Of City~'sm land surfaces years up to an
Council Member Hopkins stated that the City should also be looking
at the area north of the present pity limits, but agreed that a cost
analysis of the southern areas was needed.
betdividedpbyt the taxable uof ffe theeparcoledid generate thee re4ui of acres f revenue, I ttWould be
cost effective for the City to annex.
Mayor Stewart stated that it was the consensus of the Council that
area associiatednewithRy streets mashould not be intenance and annexed the extension of City
due to services.
Council Member Chew stated that he would like to see a cost analysis
performed,
Jeff Meyer handed out copies of a proposal which he had received for
conducting a cost analysis.
provide Hopkins stated that the type
and statedothatinformation
would also
could Member
study Council
like to see a map of City with various informative overlays.
ssidked what criteriathe ff Jurused to isdictionarf
these specific areas in or
annexation.
Watkins responded that pp the most commonly used factor In the
line. Areas beyond the
determiatins rt line have no the C i ty c utilities available,
Commissioner Claiborne asked if an analysis could be done on the
basis of certain types of zoning.
Jeff Meyer responded that it could and that the Denton Development
Guide would also be used In determining annexation cos
effectiveness.
i
City of Denton City Council Minutes
August 21 1983
Page Three
Council Member Hopkins stated that trends are Indicative of the
growth poentias tern area would Of like the to $04 a cost analysis of area (0)
and the o
Coummissioner ePearsoneto revg ow tand that tPearson oeould ethin iven to Pit
who shssould conduct thedd study.
ddrtbutedrwasaasdraftkand tihf aScompletetproposal should ifollow. been
Jeff Meyer replied that a complete proposal would be ggSubmitted.
casessfrom those areasaWith to htighhpotentialsforadeve lopeoient~f their
2. The Council received a report on the 1983 Citizen Survey.
Assistant City Manager McKeasan reviewed the survey findings wlth the
Council ostating othat t hurv o m eownersampled 393 Denton residents
with a The mljal thou9nh condition
contfusion cover problem l as t
surveye a1'soy found therecontinued was
bonsi election which included a proposition on street improvements,
facilities andwad 9aft 84 % docreasoaof in the use of Parks and Recreation
the 1982 survey results,
There was a
neighborhood, pp1 CouncII Member rv Stephens (asked eof uthese
respondents, who and where they were,
very smaalalgesampletand thapt ithe results eshowed ponly grossrtrends was a
ha no ws concerned that Animal Control
Council Ho ere r not stated calls,
officers iinformation topic
contact tywithadministration, ManagerBSshowedr an erincrease
from the 1982 survey. The percentage of respondents who had
percentagedwho had utilitywbillingiproblemslresoldvecdil creasedl,e the
A new
pe sons9respondingkfelt thatethe9Cityus zoninguwas ehffective°f those
Nearly 88% of the respondents rated Denton as an excellent or ;cod
place to live,
The Council convened into an Executive Session to discuss 1e9al
matters, real estate, personnel, and board appointments. No
official action was taken,
The Council the convened into the Regular Meeting at 7;00 o. a. in
the Council Chambers,
Council Members Alford, 8arton, Chew,
PRESENT; mayor Hopkins, tand Stephens
Ho
City Manager, City Attorney and City Secretary
ABSENT; Mayor Pro Tem Riddlesperger who was on vacation
1, The Council Considered approval Of the Minutes of the
with the
JulyC19~,t1983'unlssloners on ulY
1eciAl
City of Oenton City Council Minutes
August 2, 1983
Page Four
Hoppkins motion, Chew second to approve the Minutes as presented.
Motion carried unanimously,
The Council recognized a representative of the residents of
Glenwood lane regarding sand and gravel truck traffic problems.
Mr. Edward Touraine presented a petition and requested that the
Council enforce the truck ordinance which would keep sand and gravel
trucks off of Glenwood. The trucks which had been usin the streets
had torn them up. The repairs had been completed but the residents
wanted assurance from thl Council that this would not happen again
and also wanted a weight limit set for the street.
City manager Hartung reported that a contractor for the City had
been using Glenwood ut as soon as the city was made aware of this,
the trucks wort stopped. The Purchasing Agent had been advised to
specify the approved truck route on all future bids.
3. Consent Agenda
Hopkins motion, Alford second to approve the Consent Agenda. Motion
carried unanimously.
A. Bids and Purchase Orders:
1. Bid 19148 , Distribution Transformers
2. Bid M 9166 - Uniforms
3. Bid 9 9169 - Furniture and partitions
4. Bid M 9170 - Airport sub-station building
5. did # 9171 - Electric wire and cable
6. Purchase Order P 58270 to Case Power and
Equipment for $3,232,15,
8. Final Plats;
1. Approval of the final plat of the Bellaire
Heights Addition, Phase II. (The Planning and
Zoning Commission recommends approval.)
C. Final Payments;
1. Consider approval of final payment to Cullum
Construction Company for contract services for
Denton Interceptors Section 2, Contract A
Environmental Protection Agency y(EPA) grant
reviewlthislitem aththeJu111y 28tmeetynq.i will
2. Consider approval of final payment to Cullum
Construction Company for contract services for
Denton Interceptors Section 2, Contract C,
Environmental Protection Agency (EPA) grant
13-48-1188-13, (The Public Utility Board w111
review this Item at the July 28 meeting,)
3. Consider approval of final payment of
construction for the Pecan Creek Dam to Jay-Mar
Construction Corporation - Bid d 9109 - Purchase
Order 9 58243. (The Public Utility 8oavd will
review this item at the July 28 meeting.)
0. Change Orders,
1. Consider approval of Change Order 92 to the
Contract with Henningson, Durham & Richardson
(HOR) for Landfill Permit Application (PO 1 53957)
t Auyusgf20e~l~gn city council minutes
Page Five 8
4. Public Hearings
A, The Council considered the petition of the :rty
of Denton requesting a change in coning from agricultural (A) to ;.r,4
tanned development (PO)Cta sification at Evers Park. If appro•rtt,
the Planned developmw (PO) would permit the erection of three
Ii scoreboards with advertising capabilities. (Z-1891)
i The Mayor opened the Public Hearing,
Mr. Willie Hudspeth, Commissioner of the Denton Boys Tackle Footaill
Association, spoke in favor of the petition stating that tr,e
association secured scoreboards for Evers park which had advertii~tg
on them, This change in zoning would permit the scoreboards to re
out in place.
No one spoke in opposition,
The Mayor Closed the Public Hearing,
Jeff Meyer, Director of Planning and Community Development, reported
that 3 reply forms had been mailed with 0 returned, Meyer it tted
that Mr, Hudspeth had pinvested a considerable amount of time vjth
Council rojo giveohim a®clear signabeofetheirHintentionss, time for :ne
1. The Council considered adoption of an ordtner,ce
Changing the zoning from agricultural (A) to the planned develootent
(PD) classification at Evers Park. If approved, the pIkTr,ed
development (PD) would permit the erection of three (3) scorebotrds
with advertising capabilities.
The following ordinance was presentedr
NO, 8317
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF 0070N
TEXAS, AS SAME WAS ADOPTED AS AM APPENDIX TO THE CODE O~
ORDINANCES OF THE CITY OF DENTON, TEXAS, BY OROINANCf NO.
69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 80 t~RE
TRACT OF LAND OUT OF THE B.B,B. & C,R,R. SURVEY, ABS';-ACT
NO. 186, DENTON COUNTY, TEXAS; AND MORE PARTICQLkP.LY
DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE.
Chew motion, Stephens second tg adopt the "ordi"nance, On roll :all
vote Barton aye , Hopkins "aye', Stephens "aye", Alford aye", :,hew
"aye", and Mayor "aye", Motion carried unanimously,
0. The Council considered the petition of Walte* H.
DeRonde representing Gemstone Development requesting a change in
zoning from single family (SF-1) to the planned development PO)
classification on a 13.041 acre tract beginning along the east tidi
of Audra Lane approximately 100 feet north or the inter^sectf~t of
Audra and Paisley. If approved, the planned development (PD) rllI
permit the single family development
houses e with of a typical lot approximately si94 ze z of o 35 lot feet i x e 110 leeta
(Z-1693)
The Mayor opened the Public Hearing.
Mr. Walter DeRonde, the petitioner, spoke in favor of the petition
stating that this zero lot line concept would bring truly affor;able
housing to Denton, 11r, DeRonde also stated that the ma,)or cost
factor in homebuilding is the land Cost. This cost In combination
with interest rates had made homeownership difficult, The zer•r lot
line concept was to use smaller lots and have higher density lase of
the property, Mr, DeRonde presented soveral slides of com:leted
homes in the Houston area,
City of ventpn city council Minutes
August 2, 1983
Page Six
DeRonde also stated that the teru lot lines would allow for 19 "et
between the units which would be built on•site and would meet
building codes, The units would be constructed five at A time. M!r, that coulddbe aopositivebstepttoward providing diYerselhousinglisn Dentition
Mayor Stewart asked if the developers were planning to build so,#iraI
small, square houses on smaller lots.
Mr, DeRonde responded that all of the homes would be in the 100: to
1200 square feet range,
Mayor Stewart asked if young married and older couples were the
traditional buyers of these homes.
Mr. DeRonde responded that young married couples and single persons
were the traditional buyers,
proposed deevelopmentiwas eta be afpat ke orraagroanrbelt. Lane In the
Mr, DeRonde replied that the City would not want to maintain a ['ark
this small,
Council Member Hopkins stated that this was a very innovsiive
approach to providing housing,
ande asked haboutdisplayed use wof xack
Park Council
going mbbeyondpthesdevelopment that
Drive,
Council
area Homber was developed Alford asked to what the its fullest, would be on the r:aooIs
this
School RDistrictwhadd statedM thaterthereinwouldthbe Dapproximately,sd1uo
additional Children which would not present any problems,
Mr, Tony Raposa spoke In favor of the petition stating that these
homes were developed in Houston and San Antonio and were sold .tt in
one year, Mr. Raposa also stated that he believed y this was the
projec t ,td Raposarwanted tougonon athe record ias bainglin favo~diftthe
petition.
No one spoke in opposition,
The Mayor, closed the Public Hearing,
Uavid ElIIson, Development Review Planner, reported that 14 reply
forms had been mailed out to property owners within 200 feet vit h 5
returned in favor and 1 in opposition,
In response to Council Member Hopkins's question regarding the ;reen
ifeitnwereAprlvatet,mailntainedtbutdthehaStaaffpdid notathinkdtne City
could assume the rr.yntenance responsibility,
Council Member Stephens's question regarding Mack 0 r I v a vts a
decision that the Council would need to make. Mack Drive st the
present time is a Collector street, If the street were extentee to
the north, it would be used as a major thorofare. Staff fa that
Mack Drive should not be allowed to tie into Audra Lane,
~ou
thisCipprdbjennbelra5~topMack Uriavedcouldtvemaeindaseaocul-de-salc o?-t ouId
be exteeded if the development in this area continued,
I
City of Denton City Council Minutes
August 2, 1983
Page Seven
Ellison eelso reported that In regard to the question of impact on
the public Schools, the UISD was a member of the Development Review
Committee and had not responded negatively to this petition. The
developer would also improve Audra Lane to Paisley, In sumaaary,
Ellison reported that the Denton Development Guide encouraged
diversity of housing types and costs and that he felt Denton needed
this kind of development, The Planning and Zoning Commission had
approved the petition by a vote of 4 to 3 with 8 conditions. The
first condition was that the P&Z and Council approve the
architectural plans or that the Staff could approve the site plan.
Council Member Stephens stated that he would prefer for the Staff to
approve the site plan.
Mayor Stewart stated that he had been concerned about property in
this area being eve %ad and Cut-off due to the fact that the
street don't con hue through to major thorofares, He stated that
it should be kept In mind the WWI that do DDrovide access and
complimented the Staff on their addressng this prdblem,
Council Member Chew commended all persons concerned with this
petition for the efforts being made to provide affordable housing.
1. The Council considered adoption of an ordinance
changing the zoning from single family (SF-7) to the planned
development (PU) classification on a 13.407 acre tract beginning
along the east side of Audra Lane approximately 100 feet north of
the intersection of Audra and Paisley.
The following ordinance was presented;
NO. 83-78
AN ORUINANCE AMENDING THE ZONING MAP OF THE CITY OF OEKTON
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE O~
ORDINANCES OF THE CITY OF DENTON TEXAS BY ORDINANCE 90,
69-1, AND AS SAID MAP APPLIES TO dPPROXIMATELY 13.407 ACRES
OF LAND IN DENTON COUNTY, TEXAS; AND MORE PARTICULARLY
DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE.
Chew motion, Alford second to adopt the ordinance with the exception
of condition 1 and that Staff could approve the"sitg plan. On roll
call vote Barton "aye", Hopkins "aye", Stephens 'aye', Alford 'aye",
Chew "aye", and Mayor "aye". Motion carried unanimously,
C. The Council considered the petition of North Texas
Business Park by Tom Fouts requesting a change in zoning from PO-17
to the light industrial (L1) zoning classification on a 106,81 acre
tract of land in the E. Morris Survey, Abstract 868, and the Mary L.
Austin Survey, Abstract 4, Denton County, Texas, and being generally
described as located north of Spencer Road and east of Woodrow
Lane. (Z-1594)
The Mayor opened the Public Hearing.
Tom Fouts, representing North Texas Business Park spoke in favor of
the petition stating the Original planned development zoning for
this tract was approved in the early 1970's. At that time the area
was under one ownership and was never developed, A northern portion
of the tract was sold, subdivided and developed as light
industrial. The petitioners were asking to have the remaining
acreage of the original planned development zoned light industrial.
Council Member Hopkins asked if the area 1n question was across the
street from Turbo,
Mr, Fouts responded yes,
City Of 0enton city Council Minutes
August 21 1983
Page Eight
Council Member Hopkins asked If a great deal of the property was in
the flood plain,
Mr, Fouts replied that some of the area was, but not as much as was
shown on the map,
Council Member Hoppkins stated that the parcel could be used for
storage if it was in the flood plain,
No one spoke in opposition,
The Mayor closed the Public Hearing,
Steve Fanning, Comprehensive Planner, reported that 13 reply forms
M73 been mM led with returned in favor. The area was zoned in
J for a p anned development but the land had Changed ownership,
Council Member Hopkins asked if the Denton Development. Guide showed
this area as light industrial.
Fanning replied yes and that this was designated as a high intensity
area In the Guide,
1. The Council considered adoption of a7 ordinance
changing the zoning from PU-l7 to the light industrial L I ) zoning
classificatiop on a 106,83 acre tract of land being generally
described as located north of Spencer Road and west of Woodrow Lane,
The following ordinance was presented!
NO. 83-79
All ORDINANCE AMENDING THE ZONING MAP OF THE C4TY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX T THE CODE OF
OR0114ANCES OF THE CITY OF OENTON TEXAS, BY ORDINANCE N0,
69-1, AND AS SAID MAP APPLIES Td A 106,83 ACRE RACT OF
LAND IN THE E, MORRIS SURVEY, ABSTRACT 868, AND THE MARY L.
AUSTIN SURVEY, ABSTRACT 4, DENTON COUNTY, TEXAS, AND BEING
GENERALLY DESCRIBED AS LOCATED NORTH OF SPENCER ROAD AND
EAST OF WOODROW LANE1 AND MORE PARTICULARLY DESCRIBED
HEREIN; AND DECLARING AN EFFECTIVE DATE,
Hopkins motion, Chew second to adopt the ordinance. On roil call
vote Barton "aye"I Hopkins "aye", Stephens "aye", Alford "aye", Chew
"aye", and Mayor 'aye . Motion carried unanimously,
0, The Council considered the petition of RiChard W.
Fulton requesting an amendment to a specific use permit for a day
care center located at 707 Carroll Boulevard, If approved, the
amendment would remove a condition of original approval making the
specific use permit non-transferable to any day care operator other
than Ms, Kaye Conaway (original applicant). The existing day care
center is approved for a maximum of fifty (60) children and the
property is more particularly described as part of lots 2 and 3,
block 8, Carroll Park Addition, (S-133)
The Mayor opened the Public Hearing,
14r, Richard Fulton, the petitioner, spoke in favor stating that he
had bought the property in 1976 with the specific idea of opening a
day care center. He was moving to a new facility but had discovered
a condition on the original specific use permit stating that the
permit was non-transferrable.
Council Member Hopkins asked Mr, Fulton 1f he was selling the
property.
Mr. Fulton responded that he was leasing the property to another
person and was asking for the deletion of this one condition,
City of Denton City Council minutes
August 2, 1983
Page Nine
t64 ownerwaand $notethehpersons Ieasingulthe cproperty andulasked Arr
Fulton if he would be agreeable to placing his name on the oondits;n
to replace that of Hs, Kaye Conaway on the original speclffc ,se
permit.
City At~orney Taylor stated that the toning was on the prop+irty aoo
not on the owner and that this condition should oe removed,
No one spoke in opposition.
The Mayor closed the Public Hearing,
David Ellison of the Staff reported that 26 reply forms had aeen
andlZoninghCommissionehadnvotedrunanimouslyotooapprove thehpetiti,7i.
1, The Council considered adoption of an ordimis.ce
approving a specific use permit for a day care center at 707 Cars-;II
Boulevard subject to conditions.
The following ordinance was presentedi
NO. 83-80
AN ORDINANCE GRANTING A SPECIFIC USE PERMIT AND AMENDING, THE 1'Q1r:i`G
MAP OF THE CITY OF DENT , TEXAS, AS SAME WAS ADOPTED AS AN APPrtzix
TO THE CODE OF ORDINANCE'S OF THE CITY OF DENTON, TEXAS, BY ORD0L%CE
CITY 6AND COUNTYAOF SDENTON; ANDPDECLARIING7 AN EFFECTIVE DOATE ARO IY 'NE
Stephens motion, Chew second to adopt the ordinance, On roll :all
p to Barton "aye"s Hopkins "aye", Stephens "aye", Alford "aye", :new
ayeand Mayor 'aye Notion carried unanimously.
E, The Council considered the petition of North `ltAS
Business Park by Tom Fouts requesting a specific use permit ♦qr a
~•~•ris
mobile home park on a 47.06 acre tract of land in the E.
Survey, Abstract 868, and the Mary L. Austin Survey, Abstract 4,
ofnSpencernRoad being generally dtherpr pertylIsapressrtly
zoned light industrial (LI). ($-170)
The Mayor opened the Public Nearing.
Mr. Torn Fouts, representing North Texas Business Park, stated ;r,ere
were several reasons this petition should be granted. There .es a
need for a mobile home park in this general area of Denton. then
the owners first began to consider uses for this property. the
Denton Development Guide was used to determine density and `and
buyl buying The residents taa of the streeto requirrementl and lands use of i ythe
flood plain, This petition would also meet the need for diva-city
of housing types, The mobile home park would not impact the sca,ols
and would nut require 'he extension of City services as uti' - :Tes
were already in place. The petition would utilize the lams and
bring in tax dollars rather than having the land remain vacant. 'ihe
petitioners would like to waive the condition of a privacy s;reen
now as there are trees which would serve the same purpose, Th; area
is Isolated from other residences,
Council Member Chew asked if road which was shown on the ms: was
Spencer Road,
He. Fouts stated that Spencer Road was there, but where Shad, :yaks
came into the business park the developers were projecting to go
south and tie Into a gravel road which goes all the way t. .oop
260. This street would be the same width as Shady Oaks,
City of Oenton City Council Minutes
August 2, 1983
Page Ten
Council Member Hopkins asked if the City power plant was south of
this property.
Fouts replied yes.
Council Member Stephens asked what was the approximate square
footage per, space.
Mr. Fouts replied that the ordinance required 3500 square feet and
their were 40 x 100 or 4000 square feet, which was their smallest
lot.
Council Member Stephens asked if Mr. Fouts had estimated the yield
of tax dollars to the City.
Mr;w Fo~i is replied that he did nGt know how the tax structure was for
a le home park within the City, bu':. the cost to develop the park
would be between $1,26 and 51.60 million. This specific use would
compliment the proposed business park and would be an Improvement to
raw land.
No oue spoke in opposition.
The Mayor closed the Public Hearing,
Steve Fanning of the Staff reported that 7 reply forms had been
mailed out with 2 returned in favor and 1 in opposition, The Staff
had looked at the Overall City plan for this area and that the
proposed mobile home park would be in agreement with the plan, The
only problem would b.i the mobile home ordinance which does call for
a screening fence. The Planning and Zoning commission felt that the
proposed park should be screened to the south and east.
Council Member Stephons asked about PSZ condition 9 which stated
that the parcel would revert to original zoning IT the mobile home
park was not. developed within 4 years.
Fanning responded that this was a standard provision but should read
revert to light industrial.
Council Member Alford asked if the street situation had been
discussed,
Fanning replied that proposed streets are to be built which would
handled egress and ingress,
Hopkins motion, Alford second to approve the toning, Motion carried
5 to 1 with Council Member Chew voting nay,
F. The Council considered the petition of Sandra Taylor
and Ann Caldwell requesting historic landmark (H) zoning designation
at 703 Bolivar Street. (H-27)
The Mayor opened the Public Hearing,
Ms, Sandra Taylor spoke in favor of the petition stating that the
Planning and Zoning Commission and the Historic Landmark Commission
had agreed that the property meet the critieria to be a designated a
historic, landmark. One criteria was that the home was identifiable
with persons who had significantly contributed to the development of
Denton, This home had been owned by various City business leaders.
The criteria relating to the distinguishing characteristics of an
architectural style were met by this Prairie box style home.
No one spoke in opposition.
The Mayor closed the Public Hearing.
t
City of Denton City Council Minutes
August 21 1983
Page Eleven
David Ellison of the Staff stated that in a Denton Rscoro4 hronicle
article from last month, reference was made to the idea that this
type of zoning would preserve neighborhoods, The f inning and
Zoning Commission and Historic Landmark Commission had unanimously
recommended approval,
I, The Council considered adoption of an ordinance
approving historic landmark ( H ) zoning designation at 703 8o11V4 r
Street,
The following ordinance was presented;
NO. 83.81
AN ORDINANCE DESIGNATING 703 BOLIVAR STREET IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS AS 22A HISTORIC LANDMARK UNDER
ZONINGNORDINANCE8; AND PROVIDING fOR ANFEFFECTIVEMDATEeNSiI'E
Stephens motion, Alford second to adopt the ordinance, On roil call
vote Barton aye 1 Hopkins "aye', Stephens "aye j Alford aye , Chew
"aye", and Mayor `aye Motion carried unanimously,
5, Ordinances
A, The Council considered adoption of an ordinance
changing the toning from agricultural (A) to the light industrial
(LI) classification on a 13,994 acre parcel located ad,lscent and
west of the 1.35 West service road and adjacent and south of Ohio
Rubber Company, (Z•1589)
The zoning for 1-1569 was approved at the July 19, 1983 Council
meeting.
The following ordinance was presented;
NO, 83.82
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON,
TEXAS AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO.
69-1 AND AS SAID MAP APPLIES TO APPROXIMATELY 13.994 ACRES
OF LW OUT OF THE 0, S. BREWSTER SURVEY, ABSTRACT NO, $6,
DENTON COUNTY TEXA$1 AND MORE PARTICULARLY DESCRIBED
HEREIN; AND OECLARING AN EFFECTIVE DATE,
Stephens motion, Hopkins second to adopt the ordinance, On roll
call vote Barton "aye"d Hq klns "aye", Stephens "aye"t Alford "aye
Chew "aye", and Mayor aye Notion carried unanimously,
a. The Council considered adoption of an ordinance for
the abandonment of easement for Clusters Apartments, 2269 West Oat,
Bob Nelson, Director of Utilities, reported that this was a routine
abandonment of an easement,
The following ordinance was presented;
NO. 83-83
AN ORDINANCE PROYID(NG FOR THE ABANDONMENT OF A GENERAL
PURPOSE EASEMENT WITHIN THE CITY OF DENTON AND AUTHORIZING
THE MAYOR TO EXECUTE A QUITCLAIM OEED CONVEYING ALL RIGHT,
TITLE AND INTEREST OF HE CITY IN SAID EASEMENT TO THE
OWNER OF SAID TRACT SUBJECT TO SAID EASEMENT; SAID
ABANDONMENT AND QUITCLAIM BEING EXPRESSLY CONDITIONED UPON
THE CONVEYANCE OF A REPLACEMENT EASEMENT THEREFOR; AND
OECLARING AN EFFECTIVE DATE.
i
ity of Dent9n City Council minutes
August 2, 1983
Page Twelve
I Hopkins motion, Chew second to adopt the ordinance. On roII call
vote Barton "aye"I Hopkins "ayo", Stephens "aye Alford "aye", Chew
"aye", and Mayor 'aye Motion Carried unanimously,
C, The Council considered adoption of an ordinance for
the abandonment of easement In the East McKinney Street addition for
Jack $#I1.
t Bob Nelson reported that utility services were located in this
easement and that the owner had agreed to pay for a portion of the
relocation costs.
I The following ordinance was presented;
NO, 83.84
AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A UTILITY
EA$EMENT WITHIN THE CITY OF DENTON AND AUTHORIZING THE
MAYOR TO EXECUTE A QUITCLAIM DEED CONVEYING ALL RIGHT,
TITLE AND INTEREST OF THE CITY IN SAID EASEMENT TO THE
OWNER OF HEFFECTIVE DATE, CONVEYED BY SAID EASEMENT; AND
DECARING AN Stephens motion, "Hopkins second to adopt the ordinance. On roll
aye Hopkins aye" , Stephens "aye", Alford aye ,
call iota Barton "
Chew 'eye", and Mayor 'faye'. Motion carried unanimously,
01 The Council donsidered adoption of an ordinance
setting a date, time, and place for public hearings concerning the
proposed annexation of a tract of land beginning at Mayhill Road and
East McKinney Street, and authorizing the Mayor to publish notice
thereof, The proposed annexation includes 260 feet of land on both
sides of the centerline of East McKinney Street for a distance of
approximately 3500 feet and inCluies a 104 acre tract on the north
side of East McKinney Street. (2-1890)
Charlie Watkins, Senior Planner, reported that the legislature had
changed the Annexation Act and one of the effects was a complication
of public hearing schedules. There were two alternatives to be
considered for this annexation. The first time schedule would be to
hold a public hearing on the annexation on August lb at the regular
Council meeting, have a special called meeting on August 23 to hold
the second public hearing, and then instituting annexation
proceedings at the regular council meeting of September 20 with
final action on November I. The a alternative would be to hear this
item In conjunction with a voluntary annexation at the regular
Council meeting of September 6, have a public hearing on September
20 at the regular meeting, and have a special called meeting on
October 11 to institute annexation proceedings, Staff would suggest
the second option as the institution of annexation proceedings
usually does not require a great deal of time.
Chew motion, Hopkins second to adopt the ordinance with public
hearings held on September 6, September 20, with institution of
annexation proceedings on October II, On roll call vote Barton
"aye", Hopkins "aye", Stephens "aye", Alford "aye", Chew "aye", and
Mayor "aye". Motion carried unanimously.
E. The Council considered adoption of an ordinance
increasing the hotel/motel occupancy tax.
Clovis Morrissbn, President of the Greater Oenton Arts Council,
stated that the Council had passed a Resolution earlier in the year
in support of increasing the allowable tax, Thirty other cities In
Texas passed a similar Resolution and the legislature combined the
local bills ana wrote a state wide bill authorizing an increase up
to 71, The question which had been raised in opposition to using
these funds for projects other than specific convention related
activities was answered by the legislature when it was stated that
city of Denton city Council Minutes
August 2,IM
Page Thirtoon
tourism tAniddaconventiontwork and preservation
Morrissonn read
arts clearlyro4 art of And
from the bell a section which stated that it was the intent of the
legislature that revenues derived from the tax authorized from this
act were to be expended in a manner directly onhancing and promoting
tourism and the convontion and hotel industry. This statement
tourism tactivItIes. and Mstorjaal rstatedtthat and one convention tona
city to stay Ina motel, but rather to visit the city and what it
has to offer. The ordinance being considered would raise the tax by
2% of which 1x would go to the Arts CouncII for the purposes of
relieving the short fall in funds for the restoration of two
buildings for a cultural arts center for Denton. Under state law,
since these two bu1141n9 qualified as historical restoration
projects, the tax mOnias could be used. When the project is
completed, the authorization to use the tax money would Lapse. if
I% equals 540,000 per year, the GDAC receives no more private
funding, there are no cost overruns, and the project is completedyd
to completel the sproject tesAtithatutdime k the y61 tax fwoulid dropmaack
to 5%. The Arts Council would additionally receive 4110 of It for
arts programming to be spent on continuing projects on the
enhancement of management of arts activities. These funds would be
distributed to the 15 member organizations which have a total of
over 1000 members. The attendance at the cultural activities of
these groups ranges between 15,000 and 20,000 per year, A new
summer cultural festival project would be funded with these tax
money. the Historical Commission would receive 6/10 of 1% for Its
uses in various projects such as arehlval work, development of a
and brochure with thstt sconvention
the Count),, special a exhibitsnonohistorical
markers, and to keep the museum open for longer hours to name a
few. Mr, Morrisson summarized by thanking the Council for their
past support in helping these groups.
Mr. Jim Platt, Manager of the Ramada Inn of Denton, gave copies of
not sbelieveilthe tbillouwasl grouped togetherttwitht Othert bills.
Revenues In excess of 4% must be used as steCifiod by the taw as
passed in the new legislation. Mr. Platt then read 5 reasons the
tax could be raised and how it was to be used. Mr, Platt stateu
that the majority of hotel/motel patrons came to Denton for business
purposes and not for arts or cultural reasons. Mr. Platt also
stated that the Chamber of Commerce was opposed to this tax
Increase. Mr, Platt summarized that he was not opposed to the arts
in Denton but that the hotel/motel managers were opposed to the
increase in taxes.
Mayor Stewart stated that he had stayed in lots of hotels while on
business trips and folt that the tax was one way that a city could
obtain revenue from visitors.
Council Member Stephens stated he believed that the programs of the
Greater Denton Arts Council would help to bring people to Denton who
would stay in motels.
Mr. Platt responded that there was a limit on what you can tax
people and he felt that this tax inCroase needed to be justified.
Council Member Chew asked to hear from the Chamber of Commerce.
8.11 Brady, President of the Chamber of Commerce, stated that the
Chamber would neither endorse or oppose the ordinance. The Chamber
was categorically opposed to any tax increase that did not benefit
all of the people of Denton. Brady stated that he personally
thought It would be a great feather In the cap of Denton to be able
to say that the Arts Complex was completed from totally donated
funds. Mr. Brady also stated that taxes were very important to the
Chamber of Commerce and the Council should weigh very carefully the
uses of taxes.
Citys`f20entto8n city Council Minutes , 193
Page Fourteen
City lianager Hartung stated that he did not have anything to add but
wow d answer any questions.
Council Member Chow asked what other cities such as Tyler or Wichita
Falls had done in regard to this legislation,
Mr. Clovis Morrisson answered that Wichita Falls did use this money
for arts funding and he did not know about Tyler,
Council Member Chew asked if these cities had already enacted this
new law,
Mr, Morrisson stated that he did not know,
City Manager Hartung stated that the law was relatively now and that
he suspected It had not been enacted in many cities.
Chew motion to table until the first Council meeting in Septeaber,
Barton second. Council Member Chew requested a survey of other
cities and Council Member Barton asked for a legal opinion,
Mr. Platt stated the Council would need to know where the Arts
council would get the additional 1`.
01ty Attorney Taylor responded that a Certain percentage of the tax
could be used to restore the building where the Arts Council could
perform,
Council Member Alford stated that he was concerned that the feeling
of the Council was that more information was needed,
Motion to table carried 4 to 2 with Council Member Stephens and
Mayor Stewart casting the nay votes,
F. The Council considered adoption of an ordinance
granting consent to Acme Brick to use certain streets and alleys for
gas pipeline purposes,
City Manager Hartung stated that this was the second reading of the
franchise ordinance which had been approved on first reading on July
19.
The following ordinance was presented;
NO, 83-86
AN ORDINANCE GRANTING TO ACME BRICK COMPANY, ITS SUCCESSORS
AND ASSIGNS, CONSENT TO THE USE OF CERTAIN STREETS AND
ALLEYS FOR GAS PIPELINE PURPOSES.
Chew motion, Stephens second to adopt the ordinance, On roll call
vote Barton "aye', Hopkins "aye", Stephens "aye", Alford "aye Chew
"aye", and Mayor 'aye , Motion Carried unanimously.
6, Resolutions
The Council considered adoption of a resolution
appointing Assistant City Judges.
City Manager Hartung stated that the resolution had been prepared at
the request of Judge Howard Watt to replace Assistant City Judge
Crisford who had moved to Austin.
The following resolution was presented.
K E S 0 L U T 1 0 N
WHEREAS, Section 6.03 of the Charter of the City of Denton
authorizes the City Council to appoint Assistant C1ty Judges to
perform the duties and functions of the Ctiy Judge; and
City of Denton City Council Minutes
August 21 1983
Page Fifteen
int in
WHEREAS, the City Council deems it necessary to appopp,
Myyrniclappal Court iJU490 bsencengdlethe jgddig1441 Nfunctions ppRE the
8E IT RESoLYED BY THE CjTY COUNCILthOF THE CITYOF QENfON. TEXASI
SECTION I,
i
Clary Patton and Darlone Whitten are hereby appointed
A sistant City Judges of the Municipal Court of the City of Denton,
Texas pursuant to Section 67.03 of the Charter of the City of
Denton, Texas,
SECTION III.
This Resolution shaII become effective from and after its
date of passage.
PASSED AND APPROVED this the 2nd day of August, 1983.
RICHARD 0, , MAYOR
CITY OF DENTON, TEXAS
ATTEST;
CITRY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM;
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
SY
Stephens motion, Barton that the resolution be passed, On roll call
vote Barton "aye"l Ho?kins "aye", Stephens "aye" , Alford "ayehew
"aye", and Mayor 'aye . Motion carried unanimously.
7. Consider employment of Gilbert Associates for
water/wastewater rate study,
Bob Nelson, 01 rector of Utilities, stated that the rate study was
needed at this time, Gilbert and Associates had conducted a&
electric rate study and the cost of service computer program :euid
be used for this water/wastewater rate study. The cost wouia be
5191000 and the study would be completed by October 1. The P-rblic
Utility Board had recommended approval.
Council Member Hopkins stated that the Council had known that this
study would be requested.
Hopkins motion, Barton second to employ Gilbert Associates for the
water/wastewater rate study. Motion carried unanimously.
8. Consider a request for water/sewer service outside the City
1 imi is from Mr. Brian Burke on behalf of Mr. N. J. Roddy on Page
Road.
Bob Nelson stated that this request was to service a proposea 35
acre mobile home park. Some sewer a„J water lines would have to be
installed and the City would also need to either purchase a p,>rtion
of the lift station that Corinth installed for their syste,n, or
place in escrow funds that the City could use In conjunction with
Corinth for a future pump in the lift station. The Public Utility
Board had recommended approval.
Augustf2Dent983 City Council Minutes
Page Sixteen
Barton motion, Hopkins second, Motion to grant the request for
water and sewer services outside the City limits passes unanimouslf.
91 The Council considered a request by the City of Corinth to
waive water contract provisions,
Bob Nalson stated that the Public Utility Board had tabled this Item
pending further review and additional technical negotiations afth
the City of Corinth, Nelson stated that he would be glad to insrer
any questions if the Council requested,
Mayor Stewart asked Nelson to report.
Nelson reported that the City of Denton has had a contract since
1972 with the City of Corinth to furnish water, A contact
provision is that Corinth will take a minimum amount of water r i a
mi-Imum daily average of 100,000 gallons per day. Another peoviiion
Of the contract states that, when conditions warrant, Corinth waved
need to install an open discharge system with overhead storage,
ground storage and pumping system for their water system, Corinth
was having some difficulties In financing their system. The water
use had Increased to the point where they were far In excess of the
100,000 average per day on our System and had not been able to
finance the installation of ground storage, overhead storage and
pumping, A developer is doing extensive work in Corinth at this
time and is presently developing a 500 lot subdivision along IH-35,
Denton has been considered as the wholesale Supplier of water for.
Corinth in all of our studies but Corinith was asking to have the
maximum average raised to 00,000 gallons per day, we nave
indicated to them that we will increase the average daily votaics,
but have advised them that they need to get some ground and overhead
storage. Corinth is working towards this but it would take at I e a s t
18 months to complete even if all of the financial arrangements had
been made, They are asking to waive the contract provision and let
the developer proceed so that the City could obtain revenues From
the hook-up fa es and from sales of the water in order to help
finance the improvement to their system, They are proposing to pay
the City of Denton $47,500 to install a 14" line to Increase thheir
pressure and flow to Corinth, Staff is Concerned about waiving the
provision due to the possibility of a water line break Just Inside
the Corinth city limits which could drain our system at the rate of
about 2400 gallons a minute which would create pressure an(; flow
problems for Denton. If the Council authorized a delay ,n the
enforcement of the contract rovisions the Engineering Staff had
recommended that a flow restr pctor be placed on the system to Iimit
the flow to not more than 1000 gallon per minute,
Ma or Stewart asked if Denton would still be required to install the
14~ line if Corinth put in the overhead and ground storage,
Nelson responded yes and that the 14" line was programmed into the
Capital Improvements Program, The line had been delayed partially
due to budget concerns but some consideration had also been given to
the potential flow prthlem,
Mayor Stewart stated that to would be to the City of Denton's
advantage to let Corinth install the Iine,
Nelson responded that it would mean $47,500 worth of financing that
Denton did not have access to before and if arrangements could be
made to limit the flow, this would also allow for the developer to
proceed,
City Manager Hartung stated that this was a potential policy problem
and several utility related Issues were emerging from all areas of
the City, Other developpients on the periphery of the C1ty were
requesting water or wast~,water treatment. Hartung stated that the
PUB had tabled this request in order to give adequate thought to the
precedent -which would be set. Denton could be put in a positian to
i
City of Denton City Council Minutes
August 2, 1483
Page Seventeen
f
have to build 1ar9or and largos distribution lines to supply water
to the customer cities and could become a regional utility system,
Mayor Stewart stated that he was not proposing the approval of the
request, he was asking quest.icos to gather more Information about
the future of this water system, Stewart stated that he was not in
favor of letting Corinth take Denton water to the point of Impacting
the water pressure for Denton, but that the 144 line would have to
be installed at some time in the future and wanted to know if Denton
or Corinth would pay for the line,
Nelson responded that it was Denton's responsibility to pay for the
installation,
Mayor Stewart then asked if this request was approvedof would Denton
have to reimburse Corinth the 547,500 installation fee or the line.
Nelson responded that it was his understanding that the fee would
not be have to be reimbursed by Denton,
Aayor Stewart then stated that another consideration was that the
restrictor would hive to be placed on the line,
Council Member Chew stated that he would prefer to wait until the
Public Utility Board had reconsider the request and made a
recommendation,
Council Member Stephens agreed that the 000nci1 should hear the
recommendation from the PUB,
CouyynciI Member Hopkins stated that more was involved than who would
nexation areas. were aany
ot h or for considerations installation be 0 reviewed particular
Stephens motion, Hopkins second to table the request until the
Public Utility Board made their recommendation to the Council,
Motion carried unanimously.
10. The Council considered a recommendation from the Alecort
Advisory Board providing for termination of the lease agreement
between the City of Denton and Hexagon Buildings, Inc.
6111 Angelo, Senior Administrative Assistant, reported that Hexagon
Buildings, Inc, had requested to be released from the lease
agreement. Hexagon had not received a high response from people
wanting to bu11d hangars at the airport. Hexagon was current with
regard to their payments to the City under this agreement and the
Airport Advisory Board recommends the termination of the lease,
Hopkins motion, Chew second to terminate the lease agreement rith
Hexagon. Motion carried unanimously,
11. The Council considered approval of a contract addendum with
Freese and Nichols Inc engineers for 1963 innovative alternative
study for wastewater treatment plant,
Bob Nelson, Director of Utilities, reported that the Texas
Department of Water Resources could grant to the City another 10%
funding on certain portions of the wastewater treatment plant if the
portions fell under the appropriate category of innovative
alternatives. Freese and Nichols would conduct a study to analyze
the total number of dollars which was involved in these categories
with the potential of approximately $100,000 to $200,000 funding
from the Fexas Department of Water Resources, The contract fee to
Freese and Nichols would be $4,000, Nelson stated that this was
very preliminary but the Public Utility Board had recommended
approval.
City of Denton city council Minutes
August 21 1983
Page Eighteen
Council Membe, Stephens asked when Freese and Nichols would complete
the study,
Nelson responded the study would take approximately 2 weeks,
Hopkins motion, Stephens second to approve the contract addendum
with Freese and Nichols. Motion carried unanlmously,
12, The Council considcred the reo,uest for sanitary sewer
service for Bethel Temple Church, 3813 west University, Denton,
Bob Nelson, Director of Utilities, stated that the church was across
from Ranch Estates where the new Hickory Creek sewer line was
located. The total cost of the project would be $10,500 with pro
rata charges to the church of 36,700 and the City's portion would be
$4,800, The City's cost for the project would be taken from bond
funds,
Stephens motion, Chew second to grant the request for sanitary sewer
service for the Bethel Temple Church, Motion carried unanimously.
13. The Council considered a request for Mr, Son Pinhell and
Mr, John H. King for sanitary sewer service outside of the City
limits,
Bob Nelson, Director of Utilities, reported that the Public Utility
Board recommended that the Council table this item to give the
Hickory Creek City Council an opportunity to meet and review the
request,
Hopkins motion, Chew second to table this request until a
recommendation could be received from the Public Utility Board,
14, The Council considered approval of final payment request
from Moore Construction Company on Windsor Drive sewer line project,
Bob Nelson, Director of Utilities, reported that Moore Construction
Company had completed the sewer portion of the Windsor Drive
pproject, The project had been completed and inspected, The Public
Uti ity Board recommended approval of the final payment.
Alford motion, Chew second to approve the final payment to Moore
Construction Company, Motion carried unanimously,
15, The Council received a report on changing the signal at
Bell and Withers,
Assistant City Manager Svehla reported that extensive work had been
done at this signal. At the July meeting of the Citizens Traffic
Safety Support Commission, the commission had recommended
reinstatement of the signal to full cycle, Staff had recommended
that the signal be removed. Svehla provided the Council with
information on the methods used to evaluate the need and
justification for traffic signals. Ten reasons to remove the signal
were given. Slides of accident records of the intersection with and
without the signal were shown. Svehla stated that the traffic at
this intersection had been counted on four separate occasions witli
TWO in session, with TWO out of session, with TWO in session with
the civic pool open, and with TWU in session with the civil pool
closed and none of the traffic counts met the state warrants for a
full cycle traffic signal, The signal was put on flash because the
controller in the signal was no longer functioning. The Senior
Center users had stated that the light helped them get in and out of
the Center, but the problem was not the signal light but the angle
of parking spaces at the Center which obstructed the view of
traffic, Svehla stated that a new controller for the signal would
cost $3,200 plus $800 per year for maintenance. A new parking lot
at the Senior Center would cost 31,400. Svehla summarized that the
Staff recommended to remove the signal and install stop signs and to
realign the parking spaces at the Senior Center.
t
I
k City of Denton City Council Minutes
August 2, 1983
I Page Nineteen
j Mayor Stewart stated that the problem was the vehicles which canoe
south of Bell Avenue did not reduce their speed at this intersection.
~ovnciI Member Chew questioned the City's liability If a signal was
nstal led at an intersection which did not meet any state warrants
fur a signal.
Council Member Stephens stated that the Citizens Traffic Safety
Support Commission had recommended returning the signal to full
signalization and the Police Captain of Patrol had also recommended
the return to full signalization.
Svehla replied that Officer Smithers was referring to the police car
traffic which travelled from Clty Hall to the Service Center, When
the now Police Adminis,+ration Building IS completed, these trips
would be via another route.
Mr. Dick Kunkle, 610 East College Street, stated that he was
frustrated by the numbers and reports which had been presented as he
had waited As long as 6 minutes or longer on Withers to get on to
Bell Avenue since the light had beeto put on flash. Mr. Kunkle
suggested that a problem with the survey which had been taken might
be the time 'at which it was done as April was a low enrollment
period at TWO. Mr. Kunkle further stated that his children walked
to the civic pool and did not have a red light at the intersection
co help them across the street, He also stated that there existed a
difficulty in pulling out from the pool and turning around to get
Into the flow of traffic and Summarized that he wanted to see the
signal put back on full cycle,
Stephens motion, Alford second to reinstate the signal to full Cycle
as recommended by the Citizens Traffic Safety Support Commission,
Motion carried unanimously,
16, The Council considered approval of an agreement with Arthur
Andersen and Company to provide professional services to the City.
City Manager Hartung reported that the audit proposal from Arthur
Andersen had included $5,000 0f contributed services, Arthur
Andersen had made a proposal for uses of these services which had
been reviewed and the Staff was recommended that the Council approve
all of the projects. A listing of the proposed services and the
funding sources had been provided in the agenda material for the
Council's information, A total of $2500 would come from the General
Fund,
Stephens motion, Hopkins second to approve the agreement with Arthur
Andersen and Company, Motion carried unanimously.
17. The Council received a report on East Prairie Street,
Assistant City Manager Svehla reported that a letter from the City
Attorney's office had been sent to Denton Concrete and no reply had
been received by the Public Works Department,
City Attorney Taylor stated that the letter had been sent directing
Denton Concrete to correct the drainage problems which were leading
to the street deterioration. Taylor reported that he had received a
telephone call confirming that the letter had been received but no
action had been taken to correct the problem, Taylor recommended
that the Council authorize the City Attorney to file a suit and
injunction.
Chew motion, Barton second to au thorizo the City Attorney to file a
suit and injunction. Motion carried unanimously.
18, The Council then held a discussion on funding of flow
Hospital.
City of Denton City Council Minutes
August 2, 1983
Page Twenty
City Manager Hartung stated that there had been a lot of speculation
In the media recently on what the City was going to do about the
fundsnyy of Flow Hosita l This item had b on placed on the agenda
to g1Ye the Council Members an opportunity to respond to this
speculation.
Mayor Stewart stated that the Council could not make any decisions
about the funding of F1 ow Hospital until after the budget
discussions had been held,
Council Member Hopkins stated that a decision would not be possible
at this time as the Council had not looked at the budget and still
did not know exactly what the real needs of the hospital were,
Mayor Stewart stated that he, County Judge Cole, Assistant City
Finance Director 4arelIa and Assistant City Manager McKean haJ met
with the Administrator of Flow to determine the financial needs of
the hospital.
Council Member Chew stated that the Council 4 ou1d not make any
decisions until the Mayor had given his report on this meeting,
Mayor Stewart stated that the Council would stiII have to see the
City budget first,
Council Member Hopkins stated the Council needed to know what the
philosophy of flow Hospital would be and what type of facility they
intended to have.
Mayor Stewart responded that the hospital would like to build a
doctor's building on the premises, but did not know how to fund the
project,
Council Member Hopkins stated that Flow seemed to want to expand and
to have a dynamic facility.
Mayor Stewart stated that the he believed Flow wanted to provide
excellent service to the City of Denton. The Flow Hospital Board of
Directors would work with the future fee structure so that Flow
could finance the hospital on the fees that it collected, The
County recognized its responsibility to handlo indigent care. At
the meeting with the County representatives, City representatives
and the Administrator of Flow, no decision was made but the hospital
representatives had stated that there did exist a problem with
capital funding due to the need to replace expensive x - ray equipment,
Council Member Hopkins stated that there were still philosophical
questions to be answered.
Council Member Stephens reported that the Flow Hospital Board of
Directors's minutes reported that the hospital staff was in the
process of developing 3 to 5 year plans. The Council could not act
until they had an opportunity to review these plans and associated
cost figures,
Council Member Hopkins stated that the Council needed to get
together with the Board of Directors and hold a discussion of these
issues.
Council Member Stephens stated that he would like to go on record as
believing that Flow should be a full service hospital.
Council Member Hopkins summarized that the Council would be holding
budget discussion on August 30 and 31 and would consider the funding
for Flow Hospital in conjunction with these budget workshops,
19. There was no official action on Executive Session items of
legal matters, real estate, personnel, or board appointments,
City of Oanton City Council Minutes
August 2s 1963
Page Twenty-One
20. No new Items of business were suggested by council Members.
At 10136 p, m. the Council reconvened into Executive Session. No
official action was taken.
09720
CITY COUNCIL AGENDA
SUMb1ARY SHEET
DATE OF MEETING1 August 16, 1983
COUNCIL AGENDA ITEM 0 Consent Agenda
SUBJECT; :ld 0 9174 Refuse Bags
Subs ARY; This bid is for the annual contract supply of 30 gallon
refuse bags for residential refuse collection,
ACTION REQUIRED; Approval by Council and award of bid.
SOURCE OF FUNDS; These bags are replacement for Warehouse stock and will
be funded °rom inventory working capital account number
710-004-0591-8703,
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder
meeting specifications of Poly Bag Supply Company at
$2,66 per roll of 52 bags, The total contract price is
$106,400,00. The manufacture of the bags is Crown Poly
in Dallas, They are currently supplying the City of
Denison and a portion of the Houston requirements,
Poly Bag and Crown Poly are new in the municipal refuse
market, The samples supplied to us for testing) meet or
exceed our specifications and all indications are that
the low bidder will be able to satisfactorily fulfill
the contract requirements, Random sampling will be done
through out the year to assure compliances,
EXHIBITS; Tbulation`'s}ieet.
ll
SUBMITTED BY Tom D, Shaw, C, P.M,
Assistant Purchasing Agent
OPENED-.- 8 /rt 83 Arco Po l y 8rsg Ailnjna , III(! Sllnbo I t Arrow
ACCOUNT fi 719-004-0598-8703
- j
f
--_U Al -_YH;NIl0 _ V OI - .VFNUOR ~vE ioit__ v polt
1 110/1`I 30 gallon rurmw biigm (por vol 1 ) $3.583 2,66 3,078 3,19 2,90
CITY COUNCIL AGENDA
SUMMARY SHEET
DATE OF MEETING; August 16, 1983
COUNCIL AGENMY ITEM f1 Consent Agenda
SUBJECT,. Purchase order #59268 to Cummins Supply
SUMMARY: This purchase order to Cummins supply in the amount
of $3,312.37 is for the purchase of 02 concentric
cable for Warehouse stock. Telephone quotations were
solicited for 5,000 feet of cable. The lowest price
quoted was from Cummins Supply at $595.00 per thousand
feet delivered from stock to Denton. Total order
$2,975.00. the actual footage shipped was 5,567 feet.
This quantity at $ .595 per foot totals $3,312.37,
requiring council approval.
ACTION REQUIRED; Approval by council.
SOURCE OF FUNDS: Warehouse inventory working capital account number
710-004-0598-8708.
RECOKKENDATION: We recommend this purchase order be approved and
invoice 28909 be processed for payment.
EXHIBIM Ow'Ky of purr` ase order 59268 and invoice 28909.
SU'VITTED BY:
Tom D. Shaw, C.P.M.
Assistant Purchasing Agent
CITY OF D9NTON, POCHASING DSPT. PURCHASK 4RDRR NUMBIR 59288
219 9, MaKlnney
Denton, Texas 79201 "REVISED
$17/0044311 DOW IMMtro 207.0042 oAts •+~~.6J ~ vrNOOIr No, nrlA~s w.0. N0.
MnOlov ACCT, NO.
710-004-0598.9703
C=0I supply
P.O. box 930
!'t. Worth, Texas 76101 Tor CITY LOP 01NTON
1larethouse
901 Texas
Denton, Toxas 76201
SHOW P.O. NOON ALL SHIPMENTS, DELIVERY TICKETS, INVOICES ETC. 6E4.11 INVOICES TO ACCOUNTS PAYABLE, THE CITY OF DENTON. TEXAS
IS EXEMPT FROM SALES TAX AS PER HOUSE BILL #20. THE CITY OF DENTON IS PROHIBITED PROM PAYING FOR MERCHANDISE BEFORE IT IS
RECEIVED. ALL SHIPMENTS MUST BE F,0,8., CITY OF DENTON, TEXAS.
ITEM CITY STOCK NUMBER DESCRIPTION QUAN./UNIT PRICE AMOUNT
SSL~ 33I.1.3~1
1. 091170 cable 92 coaawtric 8' .595 t?(1
_ i
REVISED
CQt~~,. ,
1.,,. la:~toN
I,,;11,crr.ls-
I Uri r l yti i E ~R'
A U G 0 2.1983
Direct All Inquiries To;
CITY OF DENTON, PURCHASING DEPT, 5
John J. Marshall, C.P.M., Purchasing Agent
Tom D, Shaw, C.P.M., Asst. Purchasing Agent
PORT WORTH U10,
DMICATO INV010 28909
Inv. No,
CU a,ON MIIPIIIIlyufitItymoucTa01Yl'ION INV, DATE
391 CONIYAV SIRE(I P 0 BOk0I0 n AORIH IExAStB101 BI1lB3B135S T
t)4 MN and NI ow IndoWodn"I now qp~r h"I O"irq to CUMMINS SUr I.Y COrANY y~HY PloOodo 01001 n, 1 M«M1 IC Irom
w, ~MfM11 MN•
mmuP11Y At the mallmum "I logo olk"" oy low, oM NI IIpM/M 01 OmlootMy IoPno. MNI d4.+04 wYBw. H W. 4, %Mthnh
f11
:u51df,TEno~I• T.0 7 ~ ES IP E SAIFS AN SHIPPED A PPO& H 0 L TERMS 11E19 0
~~P V 2 „7 -ate U P104 n 10 C~ry9
O aSSIMBLtCR'f O SDLS 'NI CASES Wt KS W ItEtS
'ECK[HY PIGS Wt CtftS RJ'M,AR/K' J df~~`)
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L 1*3N410 A S _
1 1? DEMO 1
.1 4CCT~ PAPA IX Df;PT P Q/
T - E,. 0,a w~i-~ . I J»7C-/
6,0 ORDERED SHIPPED DESCRIPTION CO UNIT PRICE DISC, sr AMOUNT
0100
00 19
3
s I,
6 _
8/0 PROM Al ja iOip SUBTOTAL I 3 f
41VOICE TAX j
NO. 28909 RECEIVED BY
Peol wwOlbit0006CW6dI"I'll (IS)410"non"'ne«°o~aM TOTAL AMOUNT ! Ii
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
MEETING DATE; August 16, 1983
SUBJECT; Approval of the final plat of the
Gideon Walker Addition
SUMMARY: This two (2) acre parcel. of land is located
along Swisher Road in the oxtra-territorial
jurisdiction (Brild) area southeast of the city
limits. 'file intent of the replat is to divide
the parcel into three (3) separate lots. The
Planning and Zoning Comminsion approved the
preliminary plat at its meeting of ,duly 13, 1983
with the condition that satisfactory certifi-
cation of the water system and waste water dis-
posal system accompany the final plat. A well
and a septic talk system are proposed to serve
the site.
ACTION REQUIRED: Approve the final plat.
RECOMMENDATION: The Planning and Zoning Co:ronission recommends
approval.
ALTERNATIVE: Approve the final plat,
ATTALAKENT: Reduced plat
David Ellison
Development Review Planner
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FINN PLAT
LOTS 1,2,3 BLOCK I
GIDEON WALKER ADDITION
A port of the GIDEON WALKER SURVEY A-1330
stole 1'250'
July 19,1983 DENTON COUNTY , TEXAS OAAPHIC SCALE . ern
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
MELTING DATE: August 16, 1983
SUBJECT: Approval of the final plat of the
Missouri-Pacific Railroad Addition
SUMMARY, This is the final plat of the Mo-Pac
microwave antenna site. The site is
located along the wost side of U, S.
Highway 377 approximately five (5)
miles south of I-35, Plat approval.
is required whenever a building site
is created. The preliminary plat was
approved by the Planning and Zoning
Commission at its meeting of July 13,
1983,
ACTION REQUIRED: Approval of the final plat,
RECOMMENDATION: The Planning and Zoning Commission
recommends approval of the final
plat,
ALTERNATIVE: Approve the final. plat.
ATTACHMENT: Reduced plat
EV'O'M)
David Ellison
Development Review Planner
DL:lc
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-171
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MISSOURI PACIFIC RAILROAD COMPANI Stw
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FINAL F'L A'
MISSOURI PACIFIC RAILROAD ADDITION
LOT I BLOCK I
uelr i onrl of me WILLIAM HUDSON SUR, A•586
"Y rf DEN TON, DrNT~)N r"CRP4TY TEXAS
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO THE CITY COUNCIL
To: Denton City Council
Case No. Z-1592 Meeting Dato: August 16, 1983
GENERAL INFORMATION
Applicant: Neal J. Tinnerello
Route 4, Box 124
Denton, Texas 76201
Status of Applicant: Owner
Ro,quested Action: Change in zoning from agricultural
to the general retail (GR) classifi-
cation
Purpose: Owner has indicated that he will
develop a restaurant if the zoning
change is approved
Location and Size: One acre located along the north si a
of Shady Shores, approximately 100
yards east of the intersection of
Shady Shores and the 1-35 Service Kc-so
Existing Land Use: Single family residential and
accessory building
Surrounding Land Use
and Zoning: North - Vacant, 81llgle family; A, E-7.*,
South - Vacant; A
East - Vacant, single family; A, E72
West - Single family, mobile home
community, Wood Creek Farm,
Self 31orist; A
Denton Development Guide: Property is outside boundaries of
Development Guide study area.
Z-1592
Page 2
ANALYSTS
This site has major street access and the amount of vacant prop-
erty in the area ensures that intensity standards would not be
violated if traditional Development Guido policies were applied,
'T'here is very little retail or commercial type land use along
Shady Shores Road and one acre of general retail zoning limited
to the proposed site would probably not affect existing land use
characteristics adversely. The subject one acre parcel is part
of an overall tract totaling approx mately eleven (11) acres in
sine, therefore, generous setbacks can be provided between the
nearest residences and proposed buildings. The petitioners have
indicated that a restaurant use will be developed if the change
in zoning is granted. A restaurant use cannot be guaranteed
because this is not a request for PD zoning.
This property was included in a 1974 annexation that created a
strip of City of Denton territory approximately 1,000 feet in
depth and 4,000 feet in length along Shady Shores Road. The
bulk of the territory lies between the 't-35 service road and the
MKT Railroad spur. City services are not available in this area
and an ad,jaQent property owner has raised questions about ade-
quate water and sewer service and drainage. Details on drain-
age, water and sewer, and other public facilities are usually
researched and provided during the subdivision process (this
property is subject to standard City of Denton subdivision regu-
latiosis); however, the availability of public facilities should
have some bearing on zoning and land use decisions.
Several area property owners attended the Planning and Zoning
Commission meeting to transmit concerns about the impact of a
proposed restaurant use on an existing 2" water line that serves
approximately eleven (11) people. The City of Denton has offi-
cially granted three 3) property owners permission to tie onto
this line. The other taps were not officially approved. The
utility department feels that adequate water is available to
serve the proposed use from the 2' waterline and further reports
that the petitioner will install a private portable water~stor-
age tank and pressurizing system. The utility department's
position is documented in attachment 113.
Z-1592
Page 3
RECOMMENDATION
There was little opposition to the basic request for general
retail (GK) zonin both on the part of the Planning and Zoning
Commission and ad~acent property owners. Because platting is
essential before building permits are issued, and adequate plan=
for water and sewer must be approved during the platting pro-
cess, the Planning and Zoninfj Commission recommends that Z-1592
be approved by a vote of 4-1.
ALTEKNATIVES
1. Approve petition.
2. Deny petition.
3. Negotiate with developer and require planned development
(PD) zoning.
A'i TAWIENTS
1. Aerial
2. City Limits Map
3. Correspondence from Utilities Department and
accompanying information
4. Rep)y forms total
5. Property owners list
6. Minutes of Planning anSi Zoning Commission meeting
of July 27, 1983
i
Sc ule I" = ICOO'
6. WAL<UR SuRvl Y
A15 1330
` CITY LIMITS
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Se{( ~L.4 MOJfe ~
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WY ofGENraN rEXAS MUNICIPAL BUILDING / DENT~ON,y~BXAS7620) ! TELEPHONE (817)566-8200
August 9, 1983
Mr. Neal Tinnerello
Route 4, Sox 124
Benton, Texas 76201
Re: Water Service Agreement With Corinth
Dear Mir. T'innere llo ;
This letter confirms our recent conversation and your letter dated
August 9, 1983 regarding your request to receive water from the City
of Corinth's 2" water line along Shady Shores Drive for your
proposed restaurant which is located inside the City limits of
Denton and within the City of Denton's water service Certificate of
Convenience and Necessity. The City of Denton hereby approves of
this request provided that you agree to disconnect from the City of
Corinth 's water service and tie on to the City of. Denton when water
is available to your property and that you further agree to pay your
pro-rata share of such water line extended across the frontage of
your property plus payment of appropriate tapping and meter setting
fees. The City of Corinth will also have to agree to disconnect the
service when Denton water is available.
It is further understood that in order to assure that the 2" water
line serving along Shady Shores in front of your property will
adequately supply you and your neighbors water requirements at
sufficient pressure, you will install your own potable water storage
tank and pressurizing system.
It is further understood and approved that you will install a 10"
sewer line from approximately the western most part of your
property, or from the point where a gravity sewer line can be
effectively used, across the frontage of your property and easterly
along Shady Shores Drive to a terminal point downstream from the
City of Corinth's ;ewer metering station which is located on the
north side of Shady Shores Drive east of your property. This sewer
line will need to be designed according to the City of Denton,
specifications with plans being approved by the City of Denton and
the line will need to be inspected by City of Denton inspectors
during construction. You will be billed a monthly sewer fee based
on your monthly water usage which Denton will arrange to receive
from the City of Corinth.
Hr. Neil Tinnerello
August 9, 1983
Page 2 i~
We look forward to working with you with thi 1 project. Please call
if you have any questions.
BIcopyP of this letter, the City of Denton hereby approves of the
Cty of Corinth temporarily serving the restaurant being proposed by
Neil Tinnerello based on the terms and conditions listed above
fours very trialy,
R. E, Nelson
Director of Utilities
REN/C8
cc: Shirley Spellerberg, Mayor, City of Corinth
Neal Tinnerello
File
Accepted fly: Accepted By:
yea innerelio Shlr ey Spe er erg, ayor
City of Corinth
2340U/9-10
Route 4, Box 124
Denton, Texas 76205
August 9, 1983
h
Mr. Bob Nelson
Director of Utilities
215 Nast McKinney
Denton, Texas 76201
Dear Mr. Ne.'
This letter concerns the problem of providing water and sewer
service to a restaurant business to be established on Shady Shores
Road in the City of Denton. Both the establishment of the
restaurant and this request for water and sewer service ;re
contingent upon approval by the City Council of the favorikble
recommendation made by the Planning and Zoning Commission on
July 27, 1983.
We request permission to connect onto the present water line of the
City of Corinth serving this area. In view of the possibility of
water outages and probable periods of low pressure we would install
a pressure tank of adequate capacity, which would be filled during
periods of low water use. We understand that when the City of
Denton installs a water line down Shady Shores, Corinth will close
its water line, and we and all other users will be required to tap
onto the Denton line.
We also request permission to tap into the City of Denton sewer line
which is located about 1,000 feet from the site in question. We
propose to build the sewer line to your specifications and entirely
at our expense. We understand that when other occupants of this
area tap into this sewer line in the future, we will be reimbursed a
portion of our costs on a pro-rata basis.
Thank you for your consideration in this matter.
Sincerely,
i_
Neal Tinne rho l~
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PROPERTY OWNER REPLY FORMS
CITY COUNCIL
2-1592
IN FAVOR IN OPPOSITION UNDECIDED
Neal Tinnerello
Rt. 9 Box 129
Denton, Texas 76205
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P & G Minutes
July 27, 1983
Page 5
unapproved C. Z-1592. This is the petition of Neal J, Tinnerello
requesting a change in zoning from agricultural (A) to
the general retail (GK) classification on a one acre
tract located along the north side of Shnd Shores Drive
beginning approximately 100 yards east of the intersec-
tion of Shady Shores and the 1-35 service road.
Mr. Ellison explained request stating that six notices
were mailed to property owners; two reply forms were
received in favor, three reply forms from property
owners within 200 feet were received in opposition.
John Tinnerello, speaking for Neal Tinnerello, stated
that purpose of this request is to relocate a small
restaurant which Ucats 75-80 people from Lake Dallas
to this site, He said the property is part of a 11
acre tract, they feel request is compatible with
adjoining areas; no city services are available, only
problem is water and sewer. They have discussed this
witY Earl Jones and if zoning change is approved, re-
quirements will be taken care of.
Bill Wright, owner of adjacent Eroperty, presented a map
showing 10 people served by a 2' water line which he sai3
was built to only maintain about 40 pounds of pressure
and provide 130 gallons a minute. Ile said that proposed;
restaurant use, in addition to existing to s, would cut
water pressure to one half or less. He said that ap-
proximately 12 to 14 years ago, he ranted the City of
Denton the right to put In a sewer g lift station and for
such consideration a 2" water line was to be provided tt:~
his property by the City of Corinth, He said that some-
how Corinth, instead of running a line individually to
him, brought a 2" line off a G' service line some 7,r J0
feet from his property, He said there is a fire hazard
as no fire plugs exist within one mile, that septic tan'..,
on Mr. Tinnerello's property is elevated some 30 feet
above his property and overabsorption comes down valleys
onto his property.
Mr. Jones said he was not aware that 10 people were on
this water line, that agreement with Gity of Corinth
allowed three people to be served; Neal Tinnerello,
John Tinnerello and Mr. Moore who deeded his rights to
his daughter, Mrs. Wright. He said that if 10 people
are being served, then Corinth has broken its agreement
with City of Denton. He said he had investigated re-
quirements for Mr. Tinnerel.lo's proposed use; that city
would require an 8" water line and a 10 sewer line,
that about 4,000 feet of water line and 1,500 feet of
sewer line would be needed. He said it would be proper
P & Z Minute,
July 21, 198`
Page 6
for Mr. Tinnerello to install those lines but he didn't
think it would be feasible. He further stated that lie
felt Mr. 'rinnurello had more right to tie onto existing;
line than others. He further stated that city would
give him a prorata contract of 100 percent on water and
60 percent on sower in the event somebody later tied
onto lines.
Mr, Ellison continued staff report stating; that City of
Denton, in 1974, annexed an approximate 11000 foot by
4,000 foot strip probably to protect city s boundaries.
tie said no city services are provided but property is
covered by zoning and subdivision regulations; that ac-
cess is provided by Shady Shores, a major street# if
zoning is approved, a building permit cannot be issued
until property has been platted and it is at that time
that public facilities are considered, that an oppor-
Plan-
tunity for additional review would be p
ning and Zoning; Commission on drainage, health, fire
protection, extension of ,services, etc. lie said from a
pure land use point of view, the requested zoning on one
acre would not adversely affect existing characteristics
of area. He further stated that this is not a reques--.
for a PD, therefore Proposed restaurant use could not, be
guaranteed although tie feels petitioner is serious about
proposed use. He also naid that subdivisinprocess doEs~
not requires a public hearing, however, property owners
could be notified if desired.
Mr. Tinnerello advised that property would be improved
with an attractive building and as far as water and sewEr
problems are concerned, it is their understanding they
will have to comply with requirements before securing a
isiimmaterial ito request as they wcant ado anything question a building permit.
Mr. Claiborne asked Mr. Wright if he had anyy major
objection to development of a restaurant. Mr. Wright
answeved he would prefer not to have a restaurant as it
is presently a quiet rural area but he would accede if
lie could be assured that he would have water service a
it presently exists at no additional cost to him. on
question, Mr. Jones said that if a new line goes by
Mr. Wright's property he would have to tie onto it and
pay prorata, if line went down highway he would not be
required to tie on to it until It went by his property.
Mr. Wright said he wanted to protect what he has now,
that it is his understanding that if and when lie tied
onto line, he would have to pay but lie didn't have to
tie on. lie said they now pay city taxes but don't have.
fire or police protection or utilities.
P & z Minutes
July 27, 1983
Page 7
Chair declared public hearing closed.
Mr. Juren commented that lie felt concerns of adjoining
property owner should have been resolved as petitioner
would have to put in an 8 line if propo+jed use is
developed. He moved to recommend approval of 2-1592.
Seconded by Mr. Escue and carried. (4-1)
(Mr. Sidor voted no.)
r
No,
AN ORDINANCE .44MENDING THE ZONING MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF
ORDINANCES OF THE CITY OF UENTON, TEXAS, BY ORDINANCE NO. 69.1
AND AS SAID NAP APPLIES TO APPROXIMATELY 1.0 ACRE OF LAND OUT 01
THE GIDEON WALKER SURVEY, ABSTRACT NO. 1530, DENTON COUNTY,
TEXAS; AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARlNU AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION 1,
The Zoning Classification and Use designation of the follow-
Ing described property, to-wit:
All that certain tract, or parcel of land situated in the Gideon
Walker Survey, Abstract No, 1330, Denton County, Texas, being
part of a called 57.741 acre tract described in a deed from
U Moore to S, L. Tinnerello on December 31, 1902, recorded in
Volume 488, Page 580, Deed Records of Denton County and being
more fully described as follows:
COWMENCING at the southwest corner of said S7,741 acre tract;
THENCE south 80112' east with the south boundary line of said
tract a distance of 137.S feet to the west boundary line of a
drive and the point of beginning for the herein described tract;
THENCd north 9148' east a distance of 208,71 feat to a corner;
THENCE south 80°17' east a distance of 208.71 feet to a corner;
THENCE south 9148' west a distance of 208.71 feet to a corner on
the south boundary line of said S7,741 acre tract;
THENCE north 80012' west a distance of 208.71 feet to the point
of beginning and containing in all 1.00 acre of land.
is hereby changed from Agricultural "A" District Classification
Use to General Retail "GR" District Classification and Use under
the Comprehensive Zoning Ordinance of the City of Denton, Texas.
The Zoning Map of the City of Denton, Texas, adopted t:,e
14th day of January, 1969, as an Appendix to the Code of
Ordinances of the City of Denton, 'Texas, under Ordinance No.
69.1, be, and the same is hereby amended to show such r,hange in
District Classification and Use.
SIICT'I0N II,
That the City Council of the City of Denton, Texas, hereby
finds that such change is in accordance with a comprehensive
plan for the purpose of promoting tha general welfare of the
City of Denton, Texas, and with reasonable consideration, oaong
other things for the character of the district and for its
peculiar suitability or particular uses, and with a view to
conserving the value of the buildings, protecting human lives,
and encouraging the most appropriate uses of land for the
maximum benefit to the City of Denton, Texas, and its citizens.
1•1592•NEAL J. i1NNERELLU•PXu6 U,NE
SECTION III.
That this ordinance shall be in full force and effect
immediately after its passage and approval, the required public
hearings having heretofore been held by the Planning and oning
Commission and the City Council of the City of Ueoton, Texas,
after giving due notice thereof.
PASSED AND APPROVED this the day of 1881.
RICHARD 0, SIEWAM , MATUIT
CITY OF UENTON, TEXAS
ATTEST:
a ,
CITY OF DENTON, TEXAS
APPROV31) AS TO LEGAL FORK;
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY;
~II
1591 1hAL 1. I1N,,F.k81.LU-YAGt iA0
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PLANNING AND ZONING COMMISSION
RECOMMENDATION TO THE CITY COUNCIL
To; Denton City Council
Case No. S-172 Meeting Date; August 16, 1983
GENERAL INFORMATION
Applicant; Morelle Miller
1811 Bolivar
Denton, Texas 76201
Status of Applicant; Financial. Interest
Requested Action; Approval of a specific use permit for
a day care center in a single family
(SF-7) district
Purpose; Day Care Center/Kindergarten School
for a maximum of thirty-four (34)
children
Location; 704 Audra Lane
Existing Land Use; Single family residential
Surrounding Land Use
and Zoning; North - Single family residential; SF-7
South - Vacant, single family residen-
tial, Mack Park; SF-7
East - Single family residential; SF-7
West - Single family residential,
vacant; SF-7
Denton Development Guide; Area is designated as low intensity.
-172
Page 2
SPFCIAL INFORMATION
Public Facilities: Affected streets, utilities and other
public facilities can adequately serve
the proposed day care use.
Parking: Otte space for eAch employee and one
space for each ten (10) children is
required for a day care center. A
circular drive that will adequately
serve the same traffic load, approved
by the traffic 8rtety director, may be
substituted for the requited public
parking.
Seven (7) onsite parking spaces are
proposed to sc-.vc this site. Parking
and access as proposea ;,ould be ade-
quate if a 24 foot drive and 900
angle parking stalls are installed.
Parking stalls, maneuvering area and
driveways must be constructed of
asphalt or concrete.
State Requirements: A maximum of thirty-four (34) children
can be accommodated at this site based
on State of Texas day care center
space standards. More than adequate
potential recreation area exists.
ANALYSIS
This site is located in a low intensity area. Day care center
requests are frequently proposed in residential or low intensity
areas and it is practical to expect day care operators to choose
a site that is near housing and convenient to families with small
children. However, the fart that day care land uses are not
purely residential in character should never be overlooked when
evaluating proposals. In low intensity areas, staff applies
Denton Development Guide policies which encourage some land use
diversity if protection of the neighborhood and adjacent housing
is rovided, but discourages concentrations of multi-family,
of , commercial, and other higher density and higher inten-
S-172
Page 3
ANALYSIS (Continued)
city uses. There are five (5) key criteria that diverse or
non-low density land uses should meet when proposed in a low
intensity residential area. This proposal has a favorable
rating in terms of the following development Guide criteria;
1) Strict site desi n control within one block of existin8 low
ens ty residential is prov e . R1`s_i a ~a specific use-"y
permit request. Specific conditions and development re-
quirements can be attached before occupancy occurs. There
is ample room to develop parking and access and a six (6)
foot solid wood fence can be required along property lines
abutting residences to provide adequate screening and reduce
noise levels.
2) The overall density Iintensity standard is not violated due
to Me smail. sca e o s par cu ar proposa.. and
presence of a significant amount of undeveloped property
in the area.
3) Traffic lannin ensures access b a collector street or
anger an not ttrou~ oca ow density streets. u ra
Lane (secondary major arterial provides immediate access
to the subject site. (This is different from most day care
center requests that are typically proposed along standard
residential streets.)
4) Sufficient green ,space area for recreational_ facilities is
- TT_
rovidad. Tract is estimated to be approximately 3 acre
n s ze with very little available land area occupied by an
existing structure. (This is also different from most day
care center requests that are normally proposed on standard
sizei'. single family lots.)
5) Input into lannin b the neighborhood has been urged by
staff, ut t s a ways ditticult to ascertain the degree of
input solicited by the petitioner or offered by neighbors
when staff is not directly involved.
An ad acent absentee property owner opposed this request at the
Planning and Zoning Commission meeting. The occupant of the
same abutting residence also opposed the request. Both indi-
cated that noise is their major objection. It was the consensus
of the Planning and 'Zoning Commission that solid screening and
S-'172
Page 4
ANALYSIS (Continued)
the relatively small scale of the proposed day care center
(34 total children) insures that abutting residences will be
protected adequately. Three of the five commissioners present
commented on the obvious lack of licensed day care in the east
sector of the city. Staff concurs with this observation. It
is also significant to note that there has been a noticable
increase in residential activity in the immediate vicinityy of
this request and the proposed use could become a wor.thwt~iile
neighborhood service.
CONCLUSION AND RECOMMENDATION
This site is superior to most that have been approved for day
care land use primarily because of its major street access and
the availability of an ample amount of developable land. In
addition, key Development Guide criteria has been met. The fact
that accomodation for a maximum of thirty-four (34) children is
being requested means that a small scale operation that will not
severly affect the intensity and character of the area is guar-
anteed.
The Plannin& and 'Zoning Commission recommends approval of S-172
with the folowing conditions by a vote of 5-U.
1) Prior to issuance of a certificate of occupancy, a minimum
of seven (7) onsite asphalt or concrete parking spaces shall
be provided using City of Denton standards for 900 angle
parking. Asphalted or concreted maneuvering area and a 24
foot drive shall also be provided.
2) A permanently maintained six (6) foot solid wood fence shall
be erected along the east and north property lines.
3) A maximum of thirty-four (34) children shall be accommodated.
4) No detached signs shall be permitted.
5) The zoning shall revert to single family (SF-7) if the day
care center is not developed within three (3) years.
S-1.72.
Page 5
ALTERNATIVES
1. Approve petition with cooditions.
2. Approve petition without conditions
3. Approve petition with additional conditions.
L4. Deny petition. -
ATTACIDIENTS
1. Aerial
2. PD Concept flan
3. Reply forms total
4. Property owner list
5. rlinutes of Planning; and 'Zoning Commission meeting of
July 27, 083
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PROPERTY OWNER REFL)' FORMS
CITY COUNCIL
5-172
IN FAVOR IN OPPOSITION UNDECIDED
Vanessa Lynch Lavon Smith
704 Audra Lane Rt 1 Box 53
Denton, Texas 76201 Argyle, Texas 76226
David Mulkey
RR 2 Box 648-C
Denton, Texas 76201
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P & Z Minutes
July 27, 1983
Page 2
unapproved B, 5-172. This is the petition of Morelle Miller roquest-
ni"g a proval o£ a Apecific use permit in a single family
zoning district. The property is located at
(SF-117'
704 Audra Lane and begins along the east side of Audra
Lane approximately '110 feet south of Paisley Drive. If
approved, the specific use permit would allow the opera-
tion of a day care center for thirty-four (34) children
in a single family (SY-7) zoning district.
Mr. Ellison explained the request stating that 12 notices
were mailed to property owners; two reply forms were re-
ceived in favor, one undecided reply form was received,
no reply forms were received in opposition.
Morelle Miller, petitioner, stated she will be buying
the property and leasing it for operation of a day care
center to a lady who is licensed to care for 34 children.
She pointed out the lack of day care facilities on the
east side of town. She said she did not consider traf-
fic a problem as only 34 children can be accommodated.
She further stated that this is an older house which
will be renovated to provide space for the children. On
question, she said that staff has suggested an exit at
northwest corner of property to avoid using Miller Road
which is a private road.
Ms. Richard Lynch, present owner of property, stated she
feels the house is no longer suitable for a residence
with jail going in nearby. She said there is presently
no ty e of day care center in the vicinity of Lee School
and children have to go home alone. She said the house
will be repaired and will upgrade neighborhood.
David Smith said his wife owns property east of subject
property, that they are opposed because of noise gene-
rated by that many children. On question, he said that
a suggested 6 foot solid wooden fence F;eparat.ing the two
properties would not make a difference.
Roy Sims who presently rents the Smith house said lie
dons not want 34 children next to his back yard. Ile
also said that: the house would need additional bathroom
facilities and would need to be added onto. He also
questioned whether yard would be large enough for 34
Children to play. He said that Miller Road is a one
lane gravel road serving; 4 houses, that it is quiet with
no traffic on it. There is a lot of traffic on Audra
and lie doesn't think that Audra can handle extra traffic
oil a day care center.
P & G Minutes
July 27, 1983
Page 3
Mrs Ellison continued staff report stating that area is
designated low intensity by Denton Developmen Guide, with
principal emphasis on housing,, that requests for day care
facilities are normally in residential areas to be near
clients. This particular location is larger than most
and consists of approximately 3/4 acre. He saiu that
public facilities are adequate, that recreation area can
serve 34 children as not all have to be in the yard at
the same time, He said that seven parking spaces are
required, that staff feels with 24 foot driveway for both
lanes of traffic and parking stalls revised to 900
angle parking, plan is satisfactory. He said staff is
discouraging accessibility to private road (Miller). He
further stated that increased amount of traffic would
not be a determination, that capacity-wisp Audra Lane
could handle traffic even though in terms of its exist-
ing condition it is less than ideal. lie said that this
particular section of Audra is unimproved in comparison
with Audra to the west and would obviously create a bot-
tleneck type of effect but capacity-wise there would not
be a problem. He continued that staff feels this is one
o£ the more acceptable proposals with respect to Develop-
ment Guide policies and land use issues and recommends
approval subject to conditions, lie commented that staff
is considering negotiatin with petitioner to relocate
parking area in anticipation of future improvements to
Audra Lane as additional right-of-way might be needed.
On question, he said he was not aware of any plans to
relocate parking in the large area across private drive.
On further question, he said he was not aware of ;iny
plans to expand in the future and it that is an option
another hearing would be required before the Planning
and Zoning Commission.
Ms. Cole asked about hours of operation and Ms. Miller
answered probably from 7 a.m. to 6:30 p.m. Ms. Miller
further stated Chat she has revised her site plan as
suggested by staff to show 900 parking. She also said
that knowing the lady who will operate the center she
could assure next door residents that children would not
be allowed to scream all day. On question, she said that
ages accommodated would be babies to 9-10 years of age
for after school care,
Chair declared public hearing closed.
Mr. Claiborne said lie agreed that a 6 foot solid fence
should abate level of noise.
1' & 7 Minutes
July 270 1983
Page 4
Mr. Sidor commented he felt there is a need for addi-
tional day care facilities particularly in the eastern
part of city.
Pis. Cole said there is a need for a day care center, she
fools it is a worthwhile service for children after
school and moved to recommnnd approval of S-172 subject
to the following conditi(,,rst
1) Prior to issuance of a certificate of occupancy, a
minimum of seven (7) onsite asphalt or concrete
parking spaces shall be provided using City of
Denton standards for 900 angle parking. Asphalted
or concreted maneuvering area and a 24 foot drive
shall also be provided.
L) A permanentlyy maintained six (6) foot solid wood
fence shall be erected along the east and north
property lines.
3) A maximum of thirty-four (34) children shall be
accommodated,
4) No detached signs shall be permitted.
5) The zoning shall revert to single family (SF-7) if
the day care center is not developed within three
(3) years.
Seconded by Air. Escue and unanimously carried. (5-0)
Jg2L ~ ~j /
NU.
AN ORDINANCE GRANTING A SPECIFIC USE PERMIT AND AMENDING THE
ZONING MAF OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS
AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON,
TEXAS, BY ORDINANCE NOD 69.4 AND AS SAID hiAP APPLIES TO 704
AUDRA LANE IN THE CITY ANb COUNTY OF DENT0N, TEXAS; AND
DECLARING AN EFPHCTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS,
SECTION I.
The Zoning Classification and Use designation of the follow'
,ing described property, to-wit:
Countysituated U nntoni,e TeT. M.
ty andland
All Downing that certain ~nAbstract or tract S46, Ciparcel
xas,
being part of a (called) 19.5 acre tract described in a deed to
R. P. Denton, et ux from W. M. Pincher, et al and recordea in
Volume $46, Page 303, Deed Records and part of a (Called) 3.5S
acre tract described in a Deed of Trust to Earl J. Smith,
Trus•:ee for North Texas Savings and Loan Association recorded in
Volume 24S, Page 294, Deed of Trust Records of Denton County,
Texas, and being more fully described as follows,
BEGINNING at the northwest corner of a 19.5 acre tract in the
east line of Audra Lane;
THENCE east along the north line of said 19.S acre tract a
distance of 100 feet to a corner;
THENCE south a distance of 165.0 feet to a corner in the center
of an east-west street;
line wide street a distance
corner center in o the east foot
THENCE ,93 west feet ono a the
of 290,93
THENCE north 49010' east along the east line of Audra Lane a
distance of 252.3S feet to the place of beginning.
which Is classified as Single Family "SF-7" District Classifl-
cation Use under the Comprehensive Zoning Ordinance of the Git,
of Denton, Texas is hereby changed and a Sp,cific Use Permit is
hereby granted for the use of said property as a day care
center, subiect to the following conditions and restrictions
to-wit:
1. Prior to issuance of a certificate of occupancy, a
minimum of seven (7) onsite asphalt or concrete
parking spaces shall be provided using City of
llenton standards for 900 angle parking. Asphalteu
or concreted maneuvering area and a 24 foot drive
shall also be provided.
A permanently maintained six (6) foot solid wood
fence shall be erected along the east and north
property lines.
S i"2 ~1UHtiLLI ~11LLhR•P,1GY'. UNE
1
S, A maximum of thirty-four (34) children shall be
accommodated,
4, No detached signs shall be permitted,
cantor revert
tThe he day zoning care shall
is notsdevelopediwithin -throe
(3) years,
The development othe property shall be in substantia',
compliance with the site plan attached hereto and made a par:
hereof for all. purposes.
The Zoning Map of the City of Denton, Texas, adopted tav
14th day of January, 1969, as as Appendix to the Code o:
Ordinances of the City of Denton, Texas under Ordinance Yo
69-1, be, and the same is hereby amended to show such change ..i
District Claosification and Use,.
SECTION ll.,
That the City Council of the City of Denton, Texas herev
finds that such change is in accordance with a comprehenstit
plan for the purpose of promoting the general welfare of ca,z
City of Denton Texas, and with reasonable consideration, amon,l
other things t?or the character of uses, district and flew 1:?
peculiar suitability or particular a conserving the value of the buildings, protecting human live,
and encouraging the most appropriate uses of land for es,:
maximum benefit to the City of Denton, Texas, and its citizens.
SECTION 111,
That this ordinance shall be in full force and offe.::
immediately after its passage and approval, the required ppuo!_:
hearings having heretofore been held by the Planning and ion.cl
Commission and the City Council of the City of Denton, Tex:3s .
after giving due notice thereof.
PASSED AND APPROVED this the day of
CITY OF DEN'CON, TEXAS
ATTEST:
AR?
R O" A ,
CITY OF DENTON, TEXAS
APPROVEU AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENT:?N, TEXAS
HY
S lit-MORELLr MILLER - FAGE T'A0
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NO,
AN ORDINANCE GRANTING A SPECIFIC USE PERMIT AND AMENDING Chu
ZONING MAP OF THE CITY OF DENTUN, TEXAS, AS SAME WAS ADOPTED
AN APPENDIX TO THE CODS OF ORDINANCES OF CHE CITY OF DENTON
TEXAS, BY ORDINANCE NO. 69.1, AND AS SAID MAP APPLIES C':
APPROXIMATELY 46,40 ACRES OF LAND IN THE CITY AND COUNTY ,7
DENTUN, TEXAS; AND DECLARING AN EFFECTIVE DATE,
THE COUNCIL OF THE CITY OF DENTUN, 113XAS, HEREBY ORDAINS;
SECTION 1,
The Zoning Classification and Use designation of the fell,),..
ing described property, to-wit;
All that certain tract or parcel of land situated in the Mary
Austin Survey, Abstract 4, Denton County, Texas, being part o: a
(called) 97,0 acre tract, described in Volume $3, Page 1$6, Der:
Records, Denton County, Texas and being more particular.d
described as follows;
W-01L.NCIN'G at the southeast corner of the above mentioned 9-
acre tract said southeast corner also being a point in the noc:r.
right of-way of a 30 foot roadway described in Volume 407, Pa;r
472, Deed Records, Denton County, Texas;
THENCE north 01054130" east 1S,0 feet to the point of beginnii,i
of the herein described 46,40 acre tract;
THENCE south 89041' west 1907,70 feet parallel with and 15 fi,tt
north of the north right-of-way of the above mentioned 30 e
roadway to the southwest corner;
THENCE north 00022'OU" east 330,71 feet;
THENCE north 47054116" east 1471.53 feet;
THENCE north 89°41' east 868,5 feet to the northeast corner;
rHENCE south U10S4130" west 1327,12 feet along and with the ear'-
boundary line of the 97,0 acre tract to the point of beginn.,.i
and containing 46.40 acras of land, more or less,
which is classified as Light Industrial "LI" District Classtf:•
cation Use under the Comprehensive Zoning Ordinance of the C.;
of Denton, Texas is hereby changed and a Specific Use Permi,; .s
hereby granted for the use of said property for a 2S1 moo, e
home park, subject to the following conditions and restrict::,:.s.
to-wit:
1. Specific use permit shall be subiect to compliance
with the mobile home ordinance;
2. The zoning shall revert to light i,!dustrial if the
mobile home park use is not uevelopea within tour
(4) years,
i
,S•17U-NUKiH rtXAS EUSI,NFS PARnJrUNi F0U1'S-PAur i'6o
The development of the property shall be kn substantial compliance
with the site plan attached hereto and made a part hereof for all
purposes,
The Zoning Map of the City of Denton, Texas, adopted the 14th
day of January, 1969, as an Appendix to the Code of Ordinances of
the City of Denton, Texas under Ordinance No, 69.1, be, and the
same is hereby amended to show such change in District Classl•
flcation and Use,
SECTION II,
That the City Council of the City of Denton) Texas hereby
finds that such change is in accordance with a comprehensive plan
for the purpose of promoting the general welfare of the City of
Denton, Texas, and with reasonable consideration, among other
z
things for the character of the district and for its peculiar
suitability or particular uses, and with a view to conserving the
value of the buildings, protecting human lives, and encouraging
the most appropriate uses of land for the maximum benefit to the
City of Denton, Texas, and its citizens,
SECTION III,
That this ordinance shall be in full force and effect
Immediately after its passage and approval, the required public
hearings having heretofore been held by the Planning and Zoning
Commission and the City Council of the City of Denton, Texas,
after giving due notice thereof,
F SSED AND APPROVED this the day of 1985,
MURMT-UT-77MARI , ~~IAYb1`
CITY OF D01'UN, 'TEXAS
ArTES'r;
L A r ALLEN, u t,KhiAR1
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C, J. rAYLOR, JR., CITY ATTORNEY
MY OF DENTON, 'T'EXAS
21:
S•17U-NOR1'HBUSINES PAR h!'fUM FOUTS-PAGE TWO
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NU,
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND A.0JACbNT TO
THE CITY OF DENTON, TEXAS' BEING ALL THAT LOT TRACT OR PARCEL JF
LAND CONSISTING OF APPOIAIATELY 441,13 ACRESi OF LAND LYING AND
BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEAS AND BEING
PART OF THE W. DAVIS SURVEY, ABSTRACT NO. 317, G. MEYERS SURVEY,
ABSTRACT N0, $43 AND CHE A. MILLER SURVEY, ABSTRACT NO. 8871 XAS
CLASS
E AS DEISTRICTOPROPERTY; A440 D CLARIINGIN1 EFFECTI1VE DATEi'RLtULTURAL ".i"
WHEREAS, the request for annexation was introduced at a
regular meeting of the City Council of the City of Denton,
Taxes, 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 hone , 1933
in the Council Ch mbers for all Interested persons to stags
their views and present evidence bearing upon the annexation
provided by this ordinance; and
WHEREAS, an opportunity was afforded, at a public hearing
held for that purpose on the 7th jay of une 1935
upon the property hereinafter described in this annexation
ordinance for all Interested persons to state their views and
present evidence bearing upon the annexation provided by this
ordinance; and
iYHEREAS, this ordinance has been pubLishad in fuLl at least
one time in the official newspaper of the City of Denton, Caxas,
prior to its effactive date, and after the pu'bLic hearings;
NOW, THEREFORE, THE COUNCIL OF 'rHE CITY OF DENTON, rEYA6,
HEREBY ORDAINS:
SECTION 1.
That the hereinafter described tract of land oe, anti :he
same is hereby annexed to the City of Denton, Texas, and' t.),:
same is roade hereby a part of said City and the land and the
present and future Lnhab:tants thereof shall be entEtled to .i11
the rights and hriviIages of other iti*ans of said Laity t a
shall be bound by the acts and ordinances of said City no-,, it
eff act or wh:oh nay hereafter be enacted and the proper:;:
3-IS71-PA6 E 0 NE
situated herein shall be subject to and shall bear its provata
part of the taxes levied by the City, The tract of land hereo,.
annexed is described as follows, to-wit:
All that certain tract or parcel of land lying and baIri
situated in the County of Denton, State of Texas, and being past
of the 4. Davis Survey, Abstract No, 31;, G, Slayers Survey,
Abstract So. 343 and the A. Miller Survey, Abstract No, 337 anc
being more particularly described as follows:
BEGINNING at a point In the present city limits as establIshe
by Ordinance Yo. 69.40, Tract ( , said point lying in east
boundary line of said Davis Survey, said point also being an
inner aIt corner of a tract of land conveyed to De nto.
Properties Joint Venture by deed recorded in Volume 1191, Page
521, said point also being the northeast corner of a tract >i
land conveyed to Malcolm m. Long by deed recorded in Volume 3i9,
Page 339 of the Deed Records of Denton County, Texas;
THENCE south 89028115" west 2359.92 fast to a point for a
corner;
THENCE north 0005'54" vast 600,43 feat to a point for a corner;
THENCE 4est 5295,60 feet to a point for a corner in the ea
s;
line of Nolfe Road;
THENCE north 0015' east 2664,35 feet along the east line
Wolfe Road to a point for a corner in the center of Jim Chris-.a_
Road;
THENCII along the center of Jiin ChrIstaI Road the fo1lowi
fourteen courses and distances: (1) north 39"0 a a s t 153,'.
Coat; (2) north 33020' east, 555.0 feet; (3) north 39"10' eas
944,0 fact; (4) east 511.0 feet; (5) ;ouch 3340' east, 90..
feet; (6) south 85°0' east, 316.0 feet; (7) east 500,0 feet
the be, inning of a eurvo; (-3) southeasterly $0.29 feet al:
said curve to the right having a radius of 130,40 feet, ,;acre
bears, south 77"15'01" east 79,63 feet to a point of tanganzv
(9) south 6d130' east, 363,19 feet to the beginning of a curve,
(10) southeasterl)- 260, 60 feet along said curve to the I
having a radius of 553,02 feet, chord bears, south 78"0'01" eas:
258,2 feet to a point of tangoncy; (11) north 33"3u' ea s:,
1320.0 feet; (12) north 33'40' east, 693,U feet to the '>egiin :n3
of a curve; (13) southeasterly 339, 03 feet along a curve to ;"e
right having a radius of 1059.69 feet, chord bears, south 3;.°;;
east 337,63 feet to a point of tangency (14) south 73'0' ea
200,0 feet to a point for a corner in the Present city 11.e1 t3 a
established by ordinance No, 69-40, Tract 1;
THENCE south along the present city limits a distance of 2933..;
feet to the place of beginning and containing 491.13 acres
land, pore or less.
SECTION ii.
The above dascribed property is herebylassified ss
Agricultural "A" District and shall so appear on the offi
coning lap of ftie city of Denton, texas, rhich .nap is her
:amended aee,ordingly.
^-1578
•PAGE T;N
SECTION III,
This ordinance shall be effective inmadiately upon Las
passage,
Introduced beforo the City Council on the 5th la;
of July 1983.
PASSED AND APPROVED by the Clty Council on the is
of L981,
RICHARD 0. S I, MAYOR
CITY OF DENTON, TEXAS
ATTEST:
CHARLUITE ALLEN, i c ~h fi 1
CITY OF DENTON, TEXAS
I
APPROVED AS TO LEGAL PORN:
C. J. TAYLOR, JR,, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
4-1573•PAGE THREE
\0
AN ORDI.~ANCe ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO
THE CITY )F DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF
LAND CONSISTING OF APPROXIMATELY 2190 ACRES OF LAND LYING AND
BEING SITUA'I'LD IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING
PART OF THE W. DAVIS SURVEY, ABSTRACT NO, 377, ASS G. MOYERS
SURVEY, ABSTRACT NO, 843, DENTON COUNTY, TEXAS; CLASSIFYING THE
SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the request for nnexation 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, 1983 In the
Council Chambers for aii interested persons to state their views
and present evidence bearing upon the annexation provided by
this ordinance; and
WHEREAS, an opportunity was afforded, at a public hearing
held for that purpose on the 71h day of June, 1983 upon the
property hereinafter described in this annexation rrdinance for
all interested persons to state their views and present evidence
bearing 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 effective date, and after the public hearings;
Now, 'THEREFORE, THE COUNCIL OF THE CITY OF DENYCN, TEXAS,
HEREBY ORDAINS
SECT 1014 I.
That the hereinafter described tract of land be, and the
same is hereby annexed to the City of Denton, 'Texas, and the
same is made hereoy a part of said City and the land and the
present and future inhabitants thereof snail oe entitled to ali
the rights and privileges of other citizens of said City and
1573-PAGE, ONE
shall be bound by the acts and ordinances of said City now in
effect or which may hereafter be enacted and the property
situated therein shall be subject to and shall boar Its prorata
part of the taxes levied by the City, rho tract of land hereby
annexed is described as follows, to-wit:
All that certain tract or parcel of land lying and being
situated in the County of Denton, State of Texas, and being part
of the N', Davis Survey) Abstract No, 377 and the G. Meyers
Survu>2t Abstract No, 843 and being more particularly described
as ColAOws:
BEGINNING at a point in the present cit limits as established
by Ordinance No, 69 40, '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 conveyed to Denton
Properties Joint Venture by deed recorded in Volume 1191, Page
521, said point also being the northeast corner of d tract of
land conveyed to Malcolm Vii, Long by deed recorded in Volume 339,
Page 389 of the Deed Records of Denton County, 'texas;
THENCE south $90281 IS" west 2359,92 feet to a point for a
corner;
THENCE north 0005154" west 600.48 foot to a point for a corner;
THENCE west 675.60 feet to a point for a corner lying in tie
;riddle of Hickory Creek;
THENCE north along the middle of Hickory Croak with its meanders
to tl,e center of Jim Christal Road to a point for a corner;
THENCE along the center of Jim Christal Road the following nine
courses and distances; (1) south 85001 east 216 feet; (2) east
5UO,u feet to the beginning of a curve; (3) southeasterly 80.:9
feet along said curve to the right having a radius of 180.:0
feet, chord baars, south 77015)UI)) east 79.63 feet to a point ;f
tangency; (4) south 64030' east, 368.19 feet, to the beginning :f
a curve; (S) southeasterly 200.60 feet along said curve to the
left having a radius of SS3,02 feet, chord bears, south 7840'
east 258,2 feet to a point of tangency; (6) north 8,4430' ea<t,
1320,0 feet; (7) north 88040' east, 693,0 feet to the beginning
of a curve; (8) southeasterly 339,08 feet along a curve to tie
right having a radius of 1059,69 feet, chord bears, south 824.0'
east 357.63 feet to a point of tangency; (9) south 73°0) east
2Q0,0 feet to a point for a corner in the present city limits as
established by ordinance No, 69-40, tract I;
THENCE south along the present city limits a distance of 2985.:2
feet to the place of beginning and containing 229,6 acres ;f
land, more or less,
SECTION II.
the sbove described property is hereby classified as
Agriu)lturaI "A" District and shall so appear on the off i,: -.al
:,A)ing map of the City of Denton, Texas, which inup is her~ay
amended accordingly,
:-1578-PAGE TW
SECTION M.
This ordinance shall be effective immediately upon its
passage,
introduced before the City Council on the 5th day of July,
1983,
PASSED AND APPROVED by the City Council on the day
of 1983,
CITY Of DEN,vo, TEXAS
ATTEST:
CHARLOTItb ALLEN, C117 t;CRa r
CITY OF DENTO,N, TEXAS
APPROVED AS '1`0 LEGAL FORM:
C. J, rAYLOR, JR „ CITY A'PTORNEY
CITY OF DENTON, TEXAS
BY,
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I ' 1
PLAN OF SERVICAOR ANNEXED AREAr CITY OF DENTON TEXAS
WHEREAS, Article 070a as amended requires that a plan of service
be adopted by the governing body of a city prior to passage of an ordinance
annexing an area; and
WHEREAS, the City of Denton is contemplating annexation of an
area which is bounded as shown on a map of the proposed annexation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS;
Section 1, Pursuant to the provisions of Article 970a as
amended, Texas Code Annotated, there is hereby adopted for the proposed
annexation area the following plan of service;
I, Basic Service Plan
A. Police
(1) Patrolling; radio responses to calls, and other
routine police services, using present personnel
and equipment, will be provided on the effective
date of annexatioA;
(2) Traffic signals, traffic signs, street markings,
and other traffic control devices will be installed
as the need therefore is established by appropriate
study and traffic standards,
B, Fire
(1) Fire protection by the present personnel and equip-
ment of the fire fighting force, will be provided
on the effective date of annexation,
C. Water
(1) Water for domestic, commercial and industrial use
will be provided at city rates, from existing city
lines on the effective date of annexation, and
thereafter from new lines as extended in accordance
with article 13.06 of appendix A of the code of the
City of Denton, Texas,
D. Sewer
(1) Properties in the annexed areas will be connected
to sewer lines in accordance with article 13.06 of
appendix A of the cede of the City of Denton, Texas.
E. Refuse Collection
(1) The same regular refuse collection service now pro-
vided within the city will be extended to the
annexed area within one month after the effective
date of annexation,
Service Plan
Annexed Areas
Page two
F. Streets
(1) Emergency maintenance of streets (repair of hazardous
chuckholes, measures necessary for traffic flow, etc,)
will begin on the effective date of annexation.
(2) Routine maintenance on the same basis as in the
present city, will begin in the annexed area on
the effective date of nnnexation,
(3) Reconstruction and resurfacing of streets, installa-
tion of storm drainage facilities, construction of
curbs and gutters, and other such major improvements,
as the need therefore is determined by the governing
body, will be accomplished under the established
policies of the city,
C, Inspection Services
(1) Any inspection services now provided by the city
(building, electrical, plumbing, gas, housing,
sanitation, etc,) will begin in the annexation area
on the effective date of annexation,
H, Planning and Zoning
(1) The Planning and Zoning jurisdiction of the city
will extend to the annexed area on the effective
date of annexation, City planning will thereafter
encompass the annexed area.
1. Street Lighting
(1) Street lighting will be installed in the substan-
tially developed areas in accordance with the
established policies of the city,
J, Recreation
(1) Residents of the annexed area may use all existing
recreational facilities, parks, etc,, on the effec-
tive date of annexation. The same standards and
policies nuw used in the present city will be fol-
lowed in expanding the recreational program and
facilities in the enlarged city,
K. Electric Distribution
(1) The city recommends the use of City of Denton for
electric power,
Service Plan •
Annexed Areas
Page three
L, Miscellaneous
(1) Streot name signs inhere needed will be install~%--d
within approximately 6 months after the effective
date of annexation,
II. Capital Improvement Program (CTP)
The CIP of the City consists of a five year plan that is up-
dated yearly, The Plan is prioritized by such policy g•-ide-
lines as;
(1) Demand for services as compared to other areas
based partly on density of population, magnitu:e
of problems compared to other areas, established
technical standards and professional studies, nd
natural or technical restraints or opportunities.
(2) Impact on the balanced growth policy of the
(3) Impact on overall city economics,
The annexed area will be considered for CIP planning in the
upcoming CTP plan, which will be no longer than one year from
the datc: of annexation. In this new CTP planning year .he
annexation area will be judged accordingly to the same
established criteria as all. other areas of the city.
1 /
k}
II'l
c,'!T1' OF DErvTON1 TEXAS
OFFICE OF THE CITY ATITORNIEV
WEAlOR.AN,DU Al
C.J, Taylor, Jr, City Attorney 'Joe D, ;1!orrts, Assistant Clty Attorney
Robert B, Hunter, Assistant City Attorney
DATE: July la, 1983 JUL 14 10
'TO, G. Chris Hartung, City Manager
FKOM C. J, Taylor, Jrl, City Attorney
.`SUBJECT: General Telephone Franchise Ordinance
Attached is the final draft of the telephone company franchise ordi-
nance which has been changed from the original first draft as follows-,
Section 111
Has been changed to provide that all construction plans be
submitted to the City prior to commencing construction.
Section IVI
Was amended to provide that the telephone company shall
maintain the system in reasonable operating condition in
accordance with the Texas Public Utility Service and
Transmission Standards.
Section X.
Was amended to provide for the sharing of cable trenches and
to provide for joint use of poles by the telephone company
and the City of Denton,
Ms, Dean from General Telephone Company requested that we aelete the
last six lines of the first paragraph of Section XV111 which provides
for the telephone company to reimburse the City reasonable fees and
expenses in connector with 'rate changes. We did not delete this from
the present draft as the City Council should be the one to make this
deletion,
i
CJTJR;1s
xc, ,Ms. Joann Dean, General Telephone Company
hick Svehla, Assistant City Manager
Robert Nelson, Director of Utilities
E,
NO,
AN ORDNANCE WHEREBY THE CITY OF DENTON, TEXAS, GRANTS 'THE
RIGHT PRIVILEGE AND FRANCHISE TO GENERAL TELEPHONE COMPANY OF
THE bIOUTHKBST, GRANTEE, AND ITS SUCCESSORS AND ASSIGNS, TO
CONSTRUCT I ERECT BUILD, EQUI Oli\, ?MAINTAIN AND OPS%rH IN,
ALONG, INDER, VIER AND ACRD St THE PNLIC STREETS, AVENUES,
ALLEYS, BRIDGES, VIADUCTS AND PUBLIC GROUNDS OF SAID CITY, SUCH
i POSTS POLES HIRES, CABLES CONDUITS AND OTHER APPLIANCES,
STRUVURES ANb FIXTURES NEC MARY OR CONVENIENT FOR RENDITION OF
TELEPHONE AND OTHER CObLMUNICATION SERVICE AND FOR CONDUCTING A
GENERAL LOCAL AND LONG DISTANCE TELEPHONE BUSINESS; SETTING
FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING
FOR .ate ANNUAL PAYMENT IN LIEU OF CERTAIN OTHER PAYMENTS;
PROVIDING FOR REGULATION AND USE OF THE TELEPHONE SYSTEM; AND
PROVIDING FOR THE REPEALING OF CONFLICTING ORDINANCES AND FOR
PARTIAL INVALIDITY.
WHEREAS, General Telephone Company of the Southwest,
j hereinafter referred to as the "Telephone Company", is now and
has been engaged in the telephone and communication business in
the State of Texas and within the city limits of the City of
Denton, Texas, hereinafter referred to as the "City", and to
furtherance thereof, has erected and maintained certain items of
its plant; and
t
WHEREAS, it is to the nutual advantage of both the City and
the Telephone Company that an agreement should be entered int:
bet-mean the parties establishing the conditions under which the
Telephone Company shall operate within the City; Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
THAT
` SECTION I, GRANT OF RIGHT, PRIVILEGE AND FRANCHISE FOR
CONSTRUCTION AND !-iAINTENANCE OF TELEPHONE
PLANT AND SERVICE
There is hereby granted by the City to the Telephone Compaq,
and its successors or assigns, the right and privilege tc
constrict, erect, build, equip, own, maintain and operate
along, under, over and across the streets, alleys, avenues,
'Ii~g?e, viaducts and put) lic sruunds no+< rithin the pres=.-:
limits of the City and within said limits as the same from ti-,e
to ti":e may ba extdnded, Stich posts, poles, wires, Cables,
c~)nduits and other appliances, str•.ctures and fixtures necessar;r
! n i a n t [er rendering telephone and other conmunicatt_r
?rc..:s and for onductng a general Iota I and long dis t.+'.te
Ld:?r Pi 011? JU5:nC55,
SECTION II, SUPERVISION BY CITY Of LOCATION OP POLES AND
CONDUIT
That all poles to be placed shall be of sound material and
reasonably straight, and shall be so set that they will not
interfere with the flow of water in any gutter or drain, and so
that the same will interfere as little as practicable with the
ordinary travel on the street or sidewalk, The location dnd
route of all poles, stubs, guys, anchors, conduits and cables to
be placed and constructed by the Telephone Company in the
construction and maintenance of its telephone system in the
City, and the location of all conduits to be laid by the
Telephone Company within the limits of the City under this
ordinance, shall be subject to the reasonable and proper
regulation, control and direction of the City Council or of any
City official to which such duties have been or may to
delegated. All construction plans shall be submitted to the
City for review prior to commencing construction,
SECTION 111. STREETS TO BE RESTORED TO GOOD CONDITION
That the surface of any street, alley, highway or public
place within the City disturbed by the Telephone Company in
building, constructing, renewing or maintaining its telephone
plant and system shall be restored within a reasonable time
after the completion of the wort; to as good a condition as
before the commencement of the work and inain tained to the
satisfaction of the City Council, or of any City official t,
whom such duties have been or may be eelegated, for one year
from the date of the surface of said street, alley, highway ar
public place is broken for such construction or maintenance
cork, after which time the responsibility for the maintenance
shalt become the duty of the City. No such street, alley,
highway or public place shall be encumbered for a longer p"riad
than shall be necessary to execute the work,
SECTION IV, OPERATION AND MAINTENANCE OF TELEPHONE PLANT
That the Telephone Company shall maintain Its system n
reasonable operating condition in accordance with Texas Pubii:
P•1GF. ?
. n'
Utility Commission Service and Transmission Standards at all
normal times during the continuance of this agreement, An
exception to this conaltion is automatically in effect when
service furnished by the Telephone Company is interrupted,
impaired, or prevented by fires, strikes, riots or other
occurrences beyond the control of the Telephone Company, or b1
storms, floods, or other casualties, in any of which events the
Colophons Company shall do all things, reasonably within its
power to do, to restore normal service.
SECTION V. TEMPORARY REMOVAL OF WIRES
That the 'telephone Company on the request of any person
sha11 remove or raise or lower its wires within the Cit-v
temporarily to permit the moving of houses or other baI:.:,
structures, the expense of such temporary removal, raising or
lowering of wires shall ba paid by the benefited party ar
parties, and the Telephone Company may require such payment sn
advance. The Tolophone Company shall be given not less char,
forty-eight (48) hours advance notice to arrange for suer,
temporary wire changes. The clearance of wires above ground
rails within the City and also underground work shall conform
the basic standards of the National Electrical Safety Cody.
National Bureau of Standards, United States Department
Commerce, as promulgated at the time of erection thereof.
SECTION VI, TREE TRIMMING
Tha. tho right, license, privilege and permission is hero.-
granted to the Telephone Company, its successors and assigns, t-
trim trees upon and overhanging the streets, alley,, sidewalks,
and pubiIc places of the City, so as to prevent the branches :f
such trees from coming in contact with the wires or cables
the Telephone Company, and when so ordered by the City, sa:
trimming shall be done under the supervision and direction
the City Council or of any City official to whom said dutl:s
have been or may be delegated.
SECTION Vii. ANNUAL CASH CONSIDERA'T'ION VO BE PAID B1 TnE
TELEPHUNE COMPANY
That to indemnify the City for any and all possible damaies
PAGE 3
to its streets, alleys, and public grounds which may result from
the placing and maintenance therein or thereon of the Telephone
Company's poles, conduits, or other equipment or apparatus, and
to compensate the City for its superintendence of this
agreement, and as the cash consideration for the same, the
Telephone Company agrees to pay to the City annually during the
continuance of this agreement a sum of money equal to two
percent (2S) of the annual gross receipts for the preceding year
received by the Telephone Company from the rendition of local
exchange telephone transmission service to customers wlthir, the
corporate limits of the City, The first payment hereunder shall
be made March 31, 1984, and shall equal in amount to two percent
(2i) of the gross receipts received from the date of January 1,
1933 to December Sl, 19,13; and thereafter payment shall be made
annually on March 31st, as herein provided.
SECTION VIII, PAYMENT OF CASH CONSIDERATION TO BE IN LIEU
OF ANY OTHER PAYMENTS EXCEPT USUAL GENERAL
OR SPECIAL AD VALOREM TAXES
That the City agrees that the consideration set forth in the
preceding section hereof shall be paid and received in lieu of
any tax, license, charge, fee, street or alley rental or any
other character or charge for use and occupancy of the streets,
alleys, and public places of the City; in lieu of any pole tax
or inspection fee tax; in lieu of any easement or franchise tax,
i,hether levied as an ad valorem, special or. other character of
tax; and in lieu of any imposition, except as provided in
Section XI1'V herein, other than the usual general or special ad
valorem taxes now or hereafter levied. Should the City not have
the legal power to agree that the payment of the foregoing cash
consideration shall be in lieu of the taxes, licenses, charges,
fees, rentals, and easement or franchise taxes aforesaid, then
the City agrees that it will apply so much of said payment as
may be necessary to the satisfaction of the relephonn Compan)'s
obligations, if any, to pay any such taxes, licenses, charges,
fees, rentals, and easement or franchise taxes.
nrc ~
SECTION IX, FA;ILITIES TO BE FURNISHED CITY A$ ADDITIONAL
CONS I D BRAT I ON
That in addition to the consideration set forth In Section
VII, the Telephone Company shall hold itself ready to furnish,
subject to the use of the City, such wire space as may be
required from time to time by the City upon the poles now owned
or hereafter erected by the Telephone Company in the City for
the use of the City's police and fire alarm system; provided
that the required wire space shall not exceed four wires on any
one pole, The location on the poles of this fire and police
wire space shall be determined on spoeffic applications for
space, at the time the applications are recelved from the City,
and will be allotted in accordance with the considerations for
electrical construction of the United States Department of
Commerce, Bureau of Standards, In its wire construction on the
Telephone Company's poles, the City will follow the suggestions
and requirements laid down for wire construction In the Rules
and Regulations of the Bureau of Standards of the United States
Department of Commerce, All such wires shall be constructed,
maintained and operated In such manner as not to interfere with,
nor create undue hazard in, the operation of the telephone
system of the Telephone Company, The Telephone Company shall
not be responsible to the City for any claims, demands, losses,
suits, judgments for damages or injuries to persons or propertN.
by reason of the construction, maintenance, inspection or use of
the police and firo alarm wires belonging to the City.
SECTION X. ATTACHMENTS ON POLES NOT HERE AFFECTED
That nothing in this ordinance contained shall be construed
to require or permit any electric light or power wire attach-
ments by the City or for the City, except that cable trenches
shall be shared with the City where tngineeringly feasible, If
light or power attachments are desired by the City or for the
City, then a further separate noncontingent agreement shall be a
prerequisite to such attachments by the City; however, joint use
of poles under a separate agreement must be permitted. Nothing
PACF. 5
,
herein contained shall obligate or restrict the Telepone Company
in exercising its right voluntarily to enter into pole attach-
ment, p ole usage, joint ownership, and other wire space ana
facilities agreements wlth the light and power companies and
with otherwise using companies which may be privileged to
operate within the City
SECTION XI, NO EXCLUSIVE PRIVILEGES CONPBRRED BY THIS
ORDINANCE
Phat nothing herein contained shall be construed as giving
to the Telephone Company any exclusive privileges, and this
franchise is granted subject to all of the provisions of the
Charter of the City of Denton,
SECTION XII, SUCCESSORS AND ASSIGNS
That the rights, powers, limitations, duties and restrictions +
herein provided for shall Inure to and be binding upon the
parties hereto and upon their respective successors and assigns,
SECTION X111. LIABILITY OF CITY
That during t1ie period this ordinance Is In existence and
enjoyed by the Telephone Company, the Telephone Company shall
indemnify and hold harmless the City from any and all claims for
losses, damages and injuries occasioned to or sustained by an,
persons, firms or corporations, or their property by reason of
the existence, maintenance, operation or continuance of his
ordinance and the exercise of all rights herein contracted for,
except as herein otherwise provided.
SECTION XIV, PERIOD OF FRANCHISE
That the right, privilege and franchise hereby granted shalt
be for a period of twenty (20) years from and after its
effective date herein after provided,
SECTION XV, BREACH OF AGREEMENT
1f the City shall believe that t;e Telephone Company his
breached any provision hereof, the City shall give written
notice thareof to the Telephone Company specifically pointing
Out the breach complained of and the City shall take no further
action, legal or otherwise, by reason of any such breach unless
PAGP'
and until the telephone company shall have failed to take steps
to eliminate such breach for a period of sixty (60) days after
said written notice is given.
SECTION XVI. PARTIAL INVALIDITY AND REPEAL PROVISION
That if any section, sentence, clause, or phrase of this
ordinance is for any reason held to be illegal, untra vires or
unconstitutional, such invalidity shall riot affect the validity
of the remaining portions of this ordinance and agreements in
conflict herewith are hereby repealed.
SECTION XVII. DELEGATION OF AUTHORITY
That the City may delegate to a designated official or
officials the exercise of any and all of the powers confarre
upon the City hereby or by applicable State statutes and laws
which relate to the supervision and regulation of the Telephone
Company in Its exercise of the rights and franchises heraia
conferred, but the governing body of the City shall reserve t;
itself exclusively and to the full extent possessed, all powers,
if any, to fix and regulate charges and rates of the Telephone
Company given the City by law and this franchise. All lawfu'.
powers not delegated by the governing body of the City are
reserved to, and shall be exercised by, said governing bo&.
exclusively,
That at all reasonable times, during the continuance of tr.~
rights herein granted, the local exchange and general offices
the Telephone Company shall be open to the said governing body
or its designated official for inspection of original contracts,
books of account and cost operating records pertaining to r:s
operations covered by this franchise. Any method of account ir.i
heretofore or hereafter adopted or authorized by any law of
United States or of the State of Texas or under or pursuant
the authority of any such law shall ue deemed proper ar.:.
sufficient accounting as to all matters covered thereby.
SECTION XViII. RATE REGULATION
That it is mutually understood and agreed that ar.:
regulation or fixing of rates to ne charged by the 'relephor,e
PAGE 7
t
Company to the inhabitants of the City shall be pursuant to
authority granted by the Public Utility Commission of the State
of Texas, and in accordance with the laws of said State in
effect at such times; provided, however, that if the Telephone
Company makes an application to change existing rates the
Telephone Company agrees to reimburse the City of Denton or
reasonable fees and expenses of any Independent study and
evaluation of the proposed rates by consultants, engineers, and
attorneys specially employed by the City,
That nothing in this ordinance is intended to add to or
detract from any authority granted by the Legislature of the
State of Texas to the City to fix or otherwise regulate the
rates and charges of the Telephone Company,
SECTIOil XV1X, ACCEPTANCE OF AGREEMENT
That the Telephone Company shall have sixty (60) days from
and after the passage and approval of this ordinance to file it.]
written acceptance thereof with the City Secretary, and upon
such acceptance being filed, this ordinance shall take effect
and be In farce from and after the date of Its passage ami
approval by the Mayor, and shall effectuate and make binding titia
agreement provided by the terms hereof.
PASSED AND APPROVED this the day of 1983,
PASSED AND APPROVED this the day of 1983.
PASSED AND APPROVE' this the day of 1983,
RICHARD U. ST EIYART, MAYOR
CITY OF DENTON, TEXAS
ATTEST;
Ut;U .O E ALLEN, L J CRE-INKY
C11' .'F DENTON, rU AS
APFROV110 AS TO LEGAL FORM;
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY.
PAGii 8
tl>;rlor~,NlwM
Dates August 10, 1983
To: Jeff Meyer, Director of Planning and
Community Development Department
from: Denise Spivoy, Planning Technician
Re: Main Street Application
The Texas Main Street Center is now accepting applications
for the 1984 Main Street Project. This program's goal is
to promote economic ro vitalization of downtowns within the
context of historical preservation, The cities selected
receive professional assistance in design, restoration, :mar-
keting, parking, etc. The Center works with each Main Street
City for three years, developing more local initiative and
expertise in the second and third years. The city is required
to fund the position of full-time project manager and pay the
manager's expenses for two weeks of training in Dustin, fifteen
cities are already involved in the program. Five more cities
will be selected and the winners will. be announced by early
November.
DS:.lr.
i
190L
1 7 E S 0 L l l T l 0 N
WHEREAS, the Texas Main Street Center of the Texas
Historical Commission has bean created to assist small cities to
develop a public-private effort to revitalize their "Main
Street" areas, and five Texas cities will be selected t:
participate in the project in 1984; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TE:LiS
THAT:
SECTION I,
The City of Denton, Texas apply for selection to participate
in the 1484 "Main Street" program with the specific goal ai
revitalizing the central business district within the -.ontext :f
the preservation and rehabilitation of its historic buildings.
SECTION 11.
That the City of Denton will fund and employ a Main Strttt
Project Manager and provide the manager with travel funding far
training.
SECTION III,
That the City Manager be designated to coordinate :.e
program activities,
PASSED AND APPROVED this the day of 1r?:,
, MAYOR
CITY OF DENTON, TEXAS
ATTEST:
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
dl
R E S 0 L U T 1 0 N
WHEREAS, the City of Denton, Texas, Ilas identified community
development needs; and
WHEREAS, the Texas Department of Community Affairs
administers the 'T'exas Community Development Program to assist
community development activities in the State of Texas; NOW
'T'HEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL. OF THE CITY OF DENTO,N, TEXAS;
SECTION I .
That the City of Denton, Texas hereby applios for a Texas
Community Development Program Grant under the terms and
conditions of tl.e program administered by the state of Texas and
upon approval shall enter into and agree to the understandings
and assurances contained in the application and grant,
PASSED AND APPROVED this the day of , 1933.
kICHARll O, 115 'I'E11'ART, MAYO
CITY OF DENTON, TEXAS
ATTEST;
C f .
CI'T'Y OI: DENTON, 'T'EXAS
APPROVED AS TO LEGAL FORM,
C. J. TAYLOR, JR., CITY ATTORNEY
CILITY OF DENTON, 'T'EXAS
BY
CITY of DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 TELEPHONE 1817? 566.8200
Mi;N10KAN DUM
G, Claris liartung, City Manager
FROM: (tick Svehla, Assistant City Manager
1)A'll: August 9, 1983
SUbJBC'1'; One Way Frontage (toad Request
Dwight Byrd of the Highway Department will be at the Council
meeting to re-request the one-way designation on the frontage
road on U.S, 77 to the City limits.
If you or the Council have questions, Dwight will be available
at the
is veT a
DEPARTMENT OF PUBLIC WORKS
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
MEETING DATE: August 16, 1983
CITY COUNCIL AGENDA ITEM
SUBJECT: Approval of the rotting of September 6, 1983
and September 20, 1983, at 7:00 p.m,, in the
Council Chamber of the Municipal Building as
dates, times, and place for public hearings
concerning the petition of Smith Brothers
Roping for, annexation. (Z-1559)
SUMMARY: if approved, the staff will publish notice of
the hearings concerning this voluntary request
for annexation.
ACTION REQUIRED: Move to approve the dates, times and place for
public hearings.
ALTERNATIVES: 1) Move approval
2) Direct the staff to reschedule:
RECOMMENDATION: The Planning and Community Development Depart-
ment recommends approval,
EX111BIT: None
44 -
Charles S; WaLkins
Senoir Planner
CSW:lc
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
MEETING DATEi August 16, 7.983
CITY COUNCIL AGENDA ITEM #
SUBJECTI Adoption of an ordinance annexing a 491.13 acre
tract of land located along the south side of
Jim Christal Road and west of the existing city
limit ('-1578)
SUMMARYi Adoption of the ordinance and accompaning service
plan will constitute final action with regard to
this annexation. The annexation process was begun
on this 491,13 acre tract of land after receipt
of a proposed preliminary plat showing large lot
residential development on the western 260 acres
of this tract.
A preliminary plat was subsequently submitted to
the Planning and Community Development Department
consisting of 35 lots ranging in size from one (1)
acre to fifteen (15) acres. The est.t.mated trip
generation of the proposed development is approx-
imately 350 trips per day with access to and from
the subdivision primarily impacting Egan Road and
a portion of Jim Chzistal Road.
The initial concern posed by the proposed residen-
tial development was the possibility of excessive
aircraft noise exposure due to its proximity to
the Denton Municipal Airport.
While the annexation process was in progress the
Planning and Community Development Department staff
concluded that excess aircraft noise exposure was
not a major issue. ",his conclusion was based upon
interviews with FAA and TAC representatives and
reviews of the following four sources;
1) "Preliminary Environmental Impact Assessment"
5himok Jacobs and Finkles Consulting Engineers
2) "Airport-Land Use Compatibility Plannino" U.S.
DOT FAA,
City Council Agenda
Back-up Summary Sheet
ordinance annexation of 491,13 acres
;Jim Christal Road
Page 2
3) "Part 150, FAA Regulations"
4) "A Procedural Guide for Cities and Counties
of Texas: Height Hazard and Land Use Zoning
for Airports" Texas Aeronautics Commission
Each of the sources indicate that single family
housing is a suitable land use outside of the
90-100 composite noise rating (CNR) noise expo-
sure zone. The 90-100 CNR noise exposure zone
generated by the "Preliminary Environmental Impact
Assessment" does not go out as far as the proposed
subdivision, however, most of the land east of
Hickory Creek is located within the 90-100 CNR
noise exposure zone.
This information along with the feeling that a
crosswind ~:unway was not a viable option is what
led to the, conclusion that aircraft noise exposure
probably should not be a major concern where the
subdivision is proposed but should be a signifi-
cant concern on the east side of the creek,
The proximity of the proposed subdivision to the
center of the city, its low density character,
the inefficiency of providing services and the
substantially higher development- cost which would
be brought about by annexation suggests that re-
duction in the size of the property to be annexed
is indicated,
ACTION REQUIRED: Adopt annexation ordinance and service plan.
REQUIRES SIX AFFIlZMATIVE VOTES
AL'T'ERNATIVES: 1) Adopt ordinance annexing entire 491,13 acre
tract.
2) Adopt ordinance annexing 229,6 acres which
deletes territory vest or the creek.
3) 'T'able for further consideration
4) Disapprove annexation
City Council Acienda
Back-up Swnmary Sheet
Ordinance annexation of 491,13 acres
Ji.111 Christal Road
Page 3
SOURCE OF FUNDS: Department Budgets
RECOKMENDATIONI The Airport Board unanimously recommended
approval of annexing only up to hickory
Creek at their meeting of July 20, 1983,
EXHIBITS: 1) Ordinance annexing 491,14 acres
2) Ordinance annexing 229.6 acres
3) Map
4) Service Plan
Charles S, Iatkins
Z4
Senior Planncr
CSW:lc
lDCITY COUNCIL AGKNDA
BACK-UP SUMMARY SHEET
MEETING DAM August 16, 1983
SUBJECT: Approval of the final replat of lots 1 and 2,
Block 1, T.N. Skiles Addition
SU14RAR`<': The above referenced lots are located at
the southwest corner of Bolivar Street and
Sunset Drive. The property is zoned single
family (SF-7) and the intent of the replat
is to divide an existing 165 foot by 190 foot
lot into two (2) separate lots. Both lots
will comply with zoning ordinance standards,
however., no immediate development is antici-
pated.
Adequate public facilities with the exception
of improvements to Sunset Drive are in place.
Perimeter street paving requirements apply to
Sunset Drive; however, the owners are request-
ing a waiver of said requirements. Improvements
would cost an estimated $5,000.00. The sub-
division regulations provide for a waiver of
street improvement requirements in cases where
single family property of less than three (3)
acres or three (3) lots is proposed. The waiver
provisions apply in this case and the owners will
arpear before the City Council to request that
street requirements be waived at the meetina_
of August 16, 1983.
ACTION REQUIRED: Approve or den%p final replat.
RECOMMENDATION: There is no technical justification for denial
of the replat if the Planning and Zoning Cor,:mis-
sion and City Council agree to waive require-
ments for improvements to the Sunset Drive front-
age of the subject tract. If the decision is to
deny the waiver request and require that the
improvements be made or an appropriate bond be
posted, the final replat should be denied because
of lack of final engineering plans. The Planning
and zoning Commission recommended approval. of the
final replat and waiver of the street improvements
at its meetina; of August 10. 1983 by a vote of 4-1.
C%ty Council Agenda
Back-up Summary Sheet
Lots 1 and 2, Block 11 T.N. Skil.os Addition
Page 2
ALTERNATIVVS: Approve or deny final r.eplat.
ATTACHMIaNTS: 1. Reduced final replat
2. Letter from Tom and Brooxie Irlbeck
requesting waiver.,
David Ellison
Development Review Planner
DMIc
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SOUTH 850' SOLI,H 00.0'`-
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City Council, of Denton Texas
215 E, McKenney Street
Municipal Building
Denton, Texas 76201
August 1, 1983
Dear Council H embers,
`rle, Tom and Brooxie Irlbeck purchasers of Lot 1 Block 1
of the T. N, 5kiles Addition request that said property be
replatted into Lot 1A Lot 2A Block 1, The purpose of this
request is that we are changing the financing of said property
from the Skiles Estate to long term financing with a mortgage
company, We are placing Lot 1A Block 1 with the existing
house under that loan,
tide respectfully request a waiver of curbing and guttering
of Sunset Drive at this time,
Sincerely Yours,
Tom and R. rooxie
Irlbeck
FIE CEIVE D AUG 0 i 198i
Ii.
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CITYot D wow, rEXA$ MUNICIPAL BUILDING / DENTON, TEXAS 76101 / TELEPHONE 0171 5668200
MEMORANDUM
A U G o asa3
T0; Chris 1lnrtung, City Manager
FROM; Gar;, A. Collins, Director of Data Processing
DATE; August 10, 1983
SUBJECT: ANNUAL MAINTF.NANCF CONTRACT
Attached you will find the unapproved minutes of the Data Processing
Advisory Board mocting recommending the approval of the annual
maintenance contract with TRFS Corporation for the F1S Payroll/
Personnel System. I have also attached copies of the maintenance
contract and the invoice for your review,
A
Ga •y A. Collins _
Director of Data Processing
GAC,ce
attachments (2)
UNAPPROVEu
• ~ PI I N111'FS
CITY OF DRNTON DATA PROCrSSING ADVISORY BOARD
AUGUST 10, 1983
Regular meeting of the City of Denton Data Processing Advisory
Board Wednesday, August 10, 1983, at 7:00 A.M. at the Ramada Inn.
Members Present: Dale Maddry, Gerald Cardwell,
Ray Pittman
Members Absent: Ronald McDade, Bill Shanks
Others Present: Cary Collins of the City Staff
1. The minutes of the regular meeting of June 8, 1983 were considered,
Ray Pittman made a motion that the minutes be approved, Dale Maddry
seconded thou motion. Motion carried.
2. Dale Maddry made a motion to recommend that the Denton City Council
approve the annum maintenance contract with the TRFq Corporation
for the EIS Payroll/Personnel SysLem, Ray Pittman seconded the
motion, Motion carried,
RECEIVED J U L 1 1983
TO, EIS CLIENTS
MAINTENANCE POLICIES AND PROCEDURES
As indicated in our announcement letter earlier this month, TRES
Systems, Inc., Is presently embarked on a major enhancement project to
improve the capabilities offered in our Employee Information System
(EIS). The first phase of this Improvement effort Is the restructuring
of the current EIS system to provide even more user friendliness and
ease of operation with subsequent phases planned for the addition of
ni.'-w extended capabilities. These Improvements and additions are being
made to the new 4.7 release. The new 4.7 release will be made
generally available to the current client base in early August. As
indicated in our announcement letter, an existing client must be undet-
a Current maintenance agreement to lake advantage of this long-range
improvement plan.
Since our maintenance program now has planned and scheduled solid
benefits, many of you will be entering our maintenance program. This
letter is intended to clarify our policies and procedures so that we can
more effectively address your requirements from a maintenance
perspective.
Definitions;
Maintenance The continued improvement of existing capabilities
through the modification of the system to improve the
documentation, performance, operational efficiency of existing
code, operational system capability or any other improvements
which generally improve the effectiveness or reliability of the
system configuration licensed by the client, Included as a part
of this service will be the correction of errors found by the client
in the unaltered code delivered to the client provided that the
client is on a current version of the system and is current on the
application of maintenance releases. Periodic maintenance releases
will be provided by TRES. General maintenance improvements, as
described above, will be determined by TRES from both Client
and internal suggestions or recommendations. A further
definition of maintenance capabilities can be found In Section 7 of
the enclosed Licensed Materials Maintenance Order.
Modifications Means error corrections, improvements, or
refinements to TRES Licensed Materials (not including separately
priced features or upgrades).
Extension The addition of fcalur•eS or functional capabilities to
the base EIS product which are separate and distinct from the
base product and are packaged, priced, and deliverable as
separate Licensed Materials which, if not delivered, will not affect
the successful operation nor the performance of any other
separately delivered or priced system component. Enhancements
are defined by TRES from both client and internal suggestions
and recommendations,
"'L 7 1 .3
Customizations Means alterations, deletions, and additions to
the Licensed Materials other, than those provided by maintenance
from TRES.
Tax Maintenance Tax updates as supplied by 1351 are part of
normal maintenance and are supplied under the general
maintenance agreement. The maintenance charge is included in
the standard maintenance charge.
Policy
The new 4.7 release which will be avallabla for general
distribution in the early August time frame 'I become the
current version of the TRES EIS System.
The 4.7 release will be distributed to those clients who are under
a current maintenance agreement.
Maintenance services for those clients who are not under, a
current maintenance agreement at the time of distribution of the
4.7 release will not receive the 4.7 release and maintenance
service will be discontinued.
Clients under a maintenance agreement who receive the current
4.7 release will be required to convert to the new release by
January 31, 1984, in order to receive continued error correction
support.
Clients will be responsible for the installation of the new 4,7
release and for moving ari.y required custorizations to the new 4.7
release.
TRES is not responsible for the maintenance of client
customizations and maintenance activities which relate to
customized code will be charged for on a time and material basis.
Maintenance error correction support will not be provided to any
maintenance client if that client is n,3t under a current
maintenance agreement and operational undr!r, a current release of
the system unless they are in the grace period established fer
each new release of the system.
Those clients who continue to contract for maintenance will be
entitled to receive the future improved releases described in the
recent announcement letter. The future releases to be delivered
to each client will contain only those capabilities and extensions
currently licensed by the client. Current extensions not licensed
by the client or new extensions added to the current extension
catalog will be available to all clients at the current license
charge then in effect for those extensions. The improvements to
a client's current configuration of features will be considered a
Modification and will ue provided as part of the client's
maintenance agreement.
These types of policies are necessary to allow TRE5 to provide you with
a highly beneficial maintenance program. Certain clients may have some
difficulties In adhereing to some of the guidelines which are estab{fished
herein. -'Should this be the case, we will be happy to discuss those
individual situations to determine if there Is a reasonable compromise
which serves both our long-term objectives.
Thank you for your support, and we are looking forward to an exciting
future of the EIS product,
Sincerely,
f
Rick Bayless
Vice President, Marketing
dsj
\_J TRES-=~.-= r =
16775.4&1x,% p Road, hullos, 7in'n.% 752-18 (?Id) INIV01CP NUMBP.Rs 060012
June 30) 1983
i
City of. Denton
324-A East McKinney
Denton, Texas 76201
Attentions W. McNary
Invoice for the TRES Employee Information System Maintenance Pee per
Primary Agreement No. 758, Maintenance Order No. 102, dated July 1,
1983.
CONTRACT PERIOD
July 1, 1983 Lo June 30, 1984
TOTA1, INVOICE $11,850.00
Charles W. Fuller
Vice. President/Controller
sw Please remit Los
TRES COMPUTER SYSTEMS, INC.
Post Office Box 85498
Dallas, Texas 75285
I Primary Agreement No, SYS 758
2 Addendum No. SYS A
3 Licensed Materials Maintenance Order No. SYS 102
4 LICENSED MATERIALS MAINTENANCE ORDER
5 1, CLIENT; City of Denton
8 2, ADDENDUM; This Licensed Materials Maintenance Order, numbered SYS ;021
7 has been made and entered into as of July 1, 1983, by Client and TRES and is
8 an addendum to Primary Agreement Number SYS 758, made and entered into, as
9 of May 12, 1981, and expanded by Licensed Materials Addendum Number SYS A
10 to the Primary Agreement, made and entered into as of May '12, 1981
11 3. MAINTENANCE PERIOD, This Licensed Materials Maintenance Order
12 ("LMMO'') is for;
13 3,1, A subsequent Maintenance Period beginning Jule 1, '1983, and
14 ending June 30, '1984,
15 4, CHARGES; The Licensed Materials Maintenance Charges for this Maintenance
16 Period are;
17 Charge Description Job Order No, Charge Arnount
18 Licensed Materials;
19 Employee Information System 003 $ 71500
20 Separately Priced Features;
21 Benefits/ERISA 003 21000
22 Online Inquiry; CIC5 003 11200
23 Online Data Entry & Validation; CICS 003 800
24 SAS Interface 003 350
25
`total Charges $11L850
Licensed Materials Maintenance Order -1- SYS05-8305
1 5. INVOICING;
2 5.1. If applicable, along with this LMMO, TRES will include an invoice
3 since the LMMO charges are payable in advance, The LMMO charges are net
4 charges and .Subject to Paragraphs 15,2, 15,31 and 15,4 of the Primary
5 Agreement,
6 5.2. In the event that TRES provides services to the Client during the
7 Maintenance Period which are biliable, TRES will invoice Client monthly for all
8 hours worked ana Relmbur•sable Expenses Invoices will be submitted by TRES
9 on or before the tenth working day of the month for hours worked and
10 expenses incurred during the prior month.
11 6. PAYMENT; Payment terms are defined in the Primary Agreement.
12 7. STANDARD MAINTENANCE PROVISIONS;
13 7.1. For as long as the Client has prepaid the Licensed Materials
14 Maintenance Charges and either is paying or has paid the License Fee, then
15 during the Maintenance Period TRES will;
16 7.1.1, Supply temporary and/or permanent corrections or make
17 reasonable attempts to provide emergency bypass procedures if a problem is
18 identified in the Licensed Materia'• and If TRES diagnoses the problem as a
19 defect in a current, unaltered release of the Licensed Materials.
20 7.1.2. Provide the Client, at no charge, any known problem solutions
21 relating to the Licensed Materials, as said solutions become known to TRES.
22 7.1.3. Provide Modifications to the Licensed Materials to accommodate
23 any new IBM Operating System release, provided the hardware instruction set
24 and/or Operating System remains upward compatible and further provided TRES
25 has available to it all the necessary information regarding the Operating System
26 release and TRES has installed and operated said Modifications for its own use
27 or for the use of any other client of TRES at the time Client requests, in
28 writing, said Modifications. Such Modifications shall be provided to Ciienl at no
29 charge, subject to other provisions herein, as soon as possible after the
30 Licensed Materials update incorporating such Modifications is released for
31 general distribution.
32 7.1,4. Provide (subsequent to the Initial Maintenance Period) the
33 Client with up to sixteen (16) hours per, year of on-site consultation by a TRES
34 professional staff member(s) to provide general consulting, system performance
35 evaluation, retraining, and other such consulting/nonprogramming activities as
36 may be rPquir•ed. Client will be charged only for Reimbursable Expenses.
37 7.2. Notwithstanding the foregoing, however, Client understands and
38 agrees that the complete and sole responsibility for the installation of
39 Modifications to the Client's installed version of the Licensed Materials remains
40 with the Client and Client shall be responsible for installation of all corrections,
41 problem solutions, Modifications, and other changes to the Licensed Materials
42 provided by TRES hereunder. However, upon request of Client, TRES %vill
43 deliver and install program corrections and Modifications at the Client site and
44 will invoice Client at TRES's then standard rates for labor and for Reimbursable
45 Expenses.
46 7.3. TRES's correction of errors in program code in a current, unaltered
47 release of the Licensed Materials that TRES has delivered to the Client is
48 subject to the following conditions;
49 7.3.1. Errors will be reported to I-RES by an authorized
50 representative of the Client. Initial reporting may be by telephone or whatever
51 means deemed expedient by Lhe Client.
Lice.,-td Materials Maintenance Order -2- SYS06-8305
1 7.3.2. Should It be determined that TRES will be unable to resolve the
2 problem with the information initially provided, within twenty-four (24) hours,
3 not to Include weekonds and holidays, of receipt of the Initial report, TRES
4 shall advise C 1,9nt to forward additional Info) i lon accompanied by the Error
5 Reporting Form, an example of wo cn is attacheu. Requested Information could
6 include all necessary and applicable documentation, data flies, listings, console
7 logs, and the like,
8 7.3.3. TRES will make a reasonable effort to provide a temporary
9 correction and/or permanent correction or, provide an emergency bypass
10 procedure to Client within five (5) working days of receipt of Initial report. If
11 more time or data is required by TRES for correction, TRES will inform Client
12 of TRES's proposed course of action and will provide Client with a proposed
13 target date for completion of the correction. TRES may request such additional
14 computer, runs as are necessary to duplicate the conditions at the time of the
15 orrur and to provide additional necessary diagnostic information. It' the Client
16 requires a mere rapid response time than the target date for completlon of the
17 correction proposed by TRES, then TRES will endeavor to meet such sooner
18 date for completion of the correction, but will Invoice Client at TRES's there
19 Standard Rate Schedule for all labor time actually spent and for Reimbursable
20 Expenses.
21 7.3.4. TRES will invoice Client at TRES's then standard rates for,
22 labor, as well as for Reimbursable Expenses, incurred for analysis of any
23 errors or other conditions not caused by an error in a current, unaltered
24 release of the Licensed Materials. These include, but are not limited to, data
25 errors, program Customization, operator errors, system misuse errors,
26 hardware or operating system malfunctlon, noncurrent or% nonstandard versions
27 of hardware or operating system, later changes of hardware or operating system
28 which require changes In program code, and failure to incorporate corrections
29 and operating system upgrade Modifications previously supplied by TRES.
30 8. AUTHORITY: EACH PARTY HAS FULL POWER AND AUTHORITY TO
31 ENTER INTO, PERFORM, AND EXECUTE THIS AGREEMENT, AND THE PERSON
32 SIGNING THIS AGREEMENT ON BEHALF OF EACH HAS BEEN PROPERLY
33 AUTHORIZED AND EMPOWERED TO ENTER INTO AND EXECUTE THIS
34 AGREEMENT. EACH PARTY FUR'T'HER ACKNOWLEDGES THAT IT HAS READ
35 THIS AGREEMENT, UNDERSTANDS 17'1 AND AGREES TO BE BOUND BY IT.
36 IN WITNESS HEREOF, Client and TRES have executed this Agreement as of the
37 date first indicated above.
38 TRES SYSTEMS, INC. CITY OF DENTON
39 By y
zSL~LL~-_.!
40 Name ORREN Y. EVANS Name
41 Title PRESIDENT Title
42 Date JUNE 301 1983 Date
AkUIFt'!ED
aY LEGAL
Licensed Materials Maintenance Order -3- SYS06-8305
August 16, 1983
CITY COUNCIL AGENDA ITEM #
SUBJEM
Consider Roquest From Mr. Ben Pinnell And Mr. Johu H. Kirlg
For Sanitary Sewer Service Outside The City Limits.
SUMMARY
Mr. Bell Pinnell and Mr. John H. King have requested
sanitary sewer service outside of the City limits at a
location along Fil 2181 a proximately three miles east. of
the Hickory Creek Lift. Station. They are proposing to
build one or more pump stations and approximately three
miles of pressure sewer line to serve a 60 acre development
which is located in the County, but in Hickory Creek's
extraterritorial jurisdication. They are also suggesting
that they may later allow the Harbor Grove neif6hborhood of
Hickory Creek to discharge into their sewer system.
The 't'own of Hickory Creek is presently opposing this
development since it will not meet their subdivision
standards of 14,000 sq. ft, lots and 1,750 sq. ft. houses.
Mr. Pinnell and Mr. King have also filed for a Wastewater
Discharge Permit with the Texas Department of Water
Resources so that if Denton does not take their sewer, they
will install a package sewer plant. This plant would
discharge into the hickory Creek arm of Lake Lewisville
upstream from Denton's water intake structure although not
directly into the same drainage channel. The history of
water quality effluent from such package plants is very
poor; therefore, Denton has filed a protest at the Texas
Department of Water Resources (TDWR) regarding this
proposal but have been advised by TDWR Staff Attorneys that
if no other alternative exists for the Developers, that a
discharge permit will probably be granted.
Considering the recent Council resolution stating Denton's
policy to pursue policies and actions to help maintain good
water quality in Lewisville Lake, it appears that if the
Town of Hickory Creek is not successful in halting the
development, Denton has two alternatives;
1. Agree to take sewage from the subject: development and
charge a fee sufficient to compensate for I:.he sewer
system capacity that such a development will utilize;
or, if this alternative is denied and the developer
installs a Package Sewer Plant, then;
FISCAL SUMMARY;
Not able to determine at this time, but Cot) would need to
be set to adequately compensate the citizens of Denton.
RECOMMENOATION
The Public Utilities Board will be considering this item
prior to the August 16, 1983 Council moeting. The Staff
recommends;
1. Denton agree to take sewage from the subject
development and charge an adequate fie; nnd,
2. Denton vigorously oppose the Developers request for a
package sewer plant discharge permit, but, it TDWR
grants such permit, that Denton attempt to get such
permit contingent on Denton's staff operating the
package plant for an adequate fee.
Respectfully,
~C ,~(lkp,C%
R, L. Nelson
Director Utilities
EXHIBIT I Location Map
11 Request from Ben Pinnell
2365U/8-9
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Dallcs, Texas 75225
2,14 • 6:'2.1188
CITY CENTCN, TES SAY 5, 1983
F~At' I 41ENSEA I N STRATCR
215 hc< IMEY
CENT ERAS
DEAR SIR;
WITH REFFRFSICE TO 7hE ATTACLED PLAT MICH CCATES A 60 ACRE TF.C;T
CF *D 6 FM 2181, ,PPRCX 1,44ATELY 3 hl I LES ~~AST CF THE C I iY CF
DFPCNS ' H I CXCRY CRM SFNPU,P STAT I CN ,
11ZCBY MAKE A°CLICATICN WITH 1iE CITY CF 0EWCN FCR PEW ISSICTS
TO FCRCE PU,P RAW S Ek4GE TO T}-E H i CKCRY REEK P01P STAT I CN ,
I HAVE PEX)ING AN AFPLICATICN WITH THE rEXAS DPAR"17,U4 CF
L;:SCL"r2CES FCR A I, ASTE D I SCNrRGe PE-'MIT #1263941, T? E 12$, OU
CALLC~ ?E4 pAY W TO 8E C I SC-{aRCM IN AN LN-WED
7RIEUTARY T?iEAI E T~ LAf E I gISV!L!.E IN SEGINEVT X823 CF T}~
TRINITY RIVER EASIN,
CUR OT11ER~NE I CrY~ CCR I NTHH,PLMPS THE fR~Ep~T00EWI N , K ID
PAVE NO ALTE'~141Y E(CE'T The TREAD W"!T PLANT Pl CP`OSE TO 8U I LD,
IF YCU HAVE ANY (x1ESTICNS CR Wr tlTS PERTAINING TO THIS RECL"ST,
PLFrASE CONTACT;
LL LAS-
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CAL! AS- 386--5( 11
I VCLL9 ~FPRECIA t rRING FROM YCU IN irE VERY FEAR FUT1„RE,
Vim,' ~
MINUTES
PUBLIC UTILITIES BOARD
July 28, 1983
Members Present; Chairman, Roland Laney, Charles Cryan, Edward
Coomes, Leonard Herring, Marvin Loveless
Chris Hartung, Bob Nelson
Staff; Dave Ham, Ernie Tullos, Joe LaBeau
Others: Jon Weist, Denton Record-Chronicle
Delbert Overstreet and Charles Hanley, Electric
Rate Review Advisory Committee
Sid Randolph, Mayor, Hickory Creek
Clark Sherman, Planning and Zoning Department of
Hickory Creek
Represenative of the City of Corinth
1. ELECTION OF OFFICERS;
Chairman Laney advised the Board that selection of Officers for
the Board was required by the Charter at this meeting ~oomes
motioned that Roland Laney be elected as Chairman, Secc 01 by
Loveless, five ayes, no nayes, motion carried.
Loveless motioned that Herring be elected as Vice Chairman,
Second by Coomes, five ayes, no nayes, motion carried.
Loveless motioned that Coomes be elected as, Secretary. Second
by Herring, five ayes, no nayes, motion carried.
2. CONSIDER MINUTES OF MEETING OF JULY 14, 1983:
Coomes motioned that the Minutes be accepted as written,
Second by Loveless, five ayes, no nayes, motion carried.
3. CONSIDER REQUEST FROM MR. BE14 PINNELL AND MR, JOHN H. KING FOR
SANITARX SEwEx SEKV1(;E vu 'S E T CITY LIMITS:
Nelson briefed the Board on the request by Ben Pinnel and John
King, high density housing developers of 60 acres near :::ckory
Creek along FM 2181, to contract with Denton to take their
sewer effluent at Denton's Hickory Creek Lift Station, This
request was tabled at the last Board meeting with instructions
to the Staff to seek a contract, with Hickory Creek rather than
the developer,
V2-
Nelson advised the board that the City of Hickory Creek has not
annexed the site owned by Mr. Pinnell and Mr. King and that,
therefore, Denton cannot contract this service through the City
of Hickory Creek, Nelson further advised the Board that it's
alternatives, recognizing the board and Councils recent
resolution regarding preserving water quality in Lewisville
Lake, aeam to be that it could approve the request to tie into
the Hickory Creek Lift Station or allow the developers to build
a proposed package sewer plant, and then contract with the
developers to operate the plant for them so as to assure good
operations, This latter alternative is a method used by North
Texas Municipal Water District around Lake Ray Hubbard.
Herring asked Nelson for the Staff's recommendation. Nelson
stated that the Staff favors approval of this request provided
the owners accept all responsibility for the cost and assume
all responsibility for obtaining permits and also agree to meet
the City of Denton specifications for the project. Nelson
noted, however, the staff's concern over servicing developments
beyond Denton's ETJ,, certified service area, and Pecan Creek
Facility Plant's planning area, thereby using up plant capacity
planned for future Denton citizens,
A brief discussion followed with Chairman Laney asking
representatives of the City of Hickory Creek to comment on the
matter. Sid Randolph, Mayor, said the proposed development was
for modular homes and Clark Sherman, of the Planning and Zoning
Commission, added that the Town of Hickory Creek has not yet
decided whether they will allow the development because of the
nature of the homes. However, there was uncertainty as to
whether Hickory Creek had any jurisdiction over this property
in their extraterritorial jurisdiction since they are a General
Law city.
Discussion followed with the Board noting that this request for
sanitary sewer service outside of Denton's extraterritorial
jurisdiction is but one of several requests and that many ouch
requests can be anticipated in the future. The Board expressed
it s concerns that granting such requests may soon strain the
capacity of the wastewater system. Coomes motioned that the
item be tabled until the town of Hickory Creek decides whether
or not they will allow the development in question. Second by
Loveless, five ayes, no nayes, motion carried.
4. CONSIDER REQUEST BY CITY OF CORINTH TO WAIVE WATER CONTRACT
Pf?O'PI'SIUN6.
Chairman Laney excused himself from deliberations on this item
because of his concern over a possible conflict of interest
since Lomas and Nettleton are clients of the architectural
business with whom he is employed, Nelson then advised the
August 16, 1983
CITY COUNCIL AGENDA ITEM 1f
SUBJECT:
Consider Bequest By City Of Corinth TO Waive Dater Contract
Provisions.
SUMMARY:
See attached August 2, 1983, Council Agenda item for
background of details regarding Corinth's request.
Subsequent to the August 2, 1983, Council meeting,
representatives of Corinth, Lomas and Nettleton and the
City met to discuss alternatives. The following proposal
was recommended:
1. Corinth would install or cause to have installed a
700' section of 14" water line alon III-35 near State
School Koad which is identified in the City's Capital
Improvement Plan as 84-k-11, which has an estimated
cost of $47,500.
2. In exchange, the City of Denton agrees to waive until
blay 1, 1986, the provision in the Denton/Corinth water
sales contract which requiros Corinth to provide its
own storage facilities and establishes the maximum
flow rate based on the maximum daily requirement.
3. Denton will install a rate of flow controller. When
the 14" line Is installed, the rate of flow controller
will be set at 1,000 gallons per minute. This rate of
flow will provide approximately two times Corinth's
present peak hour maximum Llow. The rate of flow
controller may be increased in emergency situations
provided such increased flow does not jeopardize water
service to citizens of Denton.
4. Corinth agrees to the following timetable for making
improvements to meet the storal;e facility and rate
flow requirements of the water contract;
a, Plans and specifications for water storage and
pum i.ng facilities will be completed by March 1,
b. 1lA f44inancing plan will be established by March 1,
1984.
C, Bids will have been received and financing
complete by December 1, 1984.
d. Construction of water storage and pumping
facilities will have begun by March 1, 1985,
e, Construction shall be complete by May 1, 1986-
54 enforced'and8thetrateaofr fl w rcontroller ishall be set
so that if that rate is maintained consistently
throuLAh a period of twenty four (24) hours, it would
provide the total quantity of water necessMry to
supply the maximum daily requirements of all of the
customers of Corinth,
6. Until May 10 1986, unless Corinth completes facilities
earlior, water rates for Corinth shall be considered
on the same basis as a large commercial user except
that all water furnished Corinth is water that Denton
must purchase from Dallas,
7. After
las
manner r~simil'ar19 o6'the rmethodology s theliCityr of sDalon a
utilizes in providing Crated water to its customer
Cities and such rate methodology will take into
consideration the beneficial effect of a fixed and
constant flow on peak day consumption,
FISCAL SUMMARY:
Denton will receive a 14" water line with value of
approximately $47,500.
RECOMMENDATION-,
The Public Utility hoard will be considering this issue
prior to the August 16, 1983, Council meeting, The Staff
recommends approval of Corinth's request with the terms as
listed above.
Respectfully,
R. E. Nelson
Director of Utilities
EXHIBIT I Copy of Corinth Contract
II Copy of August 2, 1983, City Council Agenda Item
III Dannenbaum Engineer Corporation Letter 7/20/83
IV Corinth Letter 7/21/83
V L614 Consultants, Inc. 7/21/83
VI llogzin and Rasor Letter
2365U/6-7
1
e , I
1 1
THE STATE OF TEXAS k
CITY OF DENTON WATER SUPPLY CONTRACT
g1
TOWN OF COR114TH
THIS AGREEMENT made this .2~__ day of March
under between lathe City 0 ws or the3SSttateoof Tettxllas~~o~paarlltyCCor thet on
rganized and
o
fil'st part, (hereinafter referred to as DsntonSI and the Town of
Corinth, a Municipal Corporation organized under the general laws
of the State of Texas, party of the second part (hereinafter call-
ed Corinth).
WHEREAS, Corinth desires to finance, construct, operate and
maintain a system of water mains, pumping stations storage and
auxiliary water works equipment and facilities, anA all expansion
the,,,eof, required to supply the needs of its residents, and
WHEREAS, the Town of Corinth further desires to receive a
supply of treated water from the water system of'the City of Denton;
NOW, THEREFORE, IT IS AOREED AS FOLLOWSi
11 The City of Denton agrees to sell and deliver treated
water to the Town of Corinth subject to conditions stated here-
inafter.
from
conditions stated hereinafter,
the City of The DeTown nton o subject t to agrees
th
31 The City of Denton, to the best of its ability, shall pro-
vide, and the Town of Corinth shall take said water at the designat-
ed point of connection of Corinth's facilities with the Denton Water
System, in sufficient quanities to meet all reasonable requirements
of Corinth's customers hereinafter provided, but in no event an
amount less than I thousand gallons of water daily, A maxi-
mum rate at wr.icn the Town of Corinth may take water from the Penton
Idater System is fixed at that rate which, if maintained consistently
through a period of twenty-four (24) hours, would provide the total
quanitity of water necessary to supply the maximum daily require-
ments of all of the c temers regularly supplied with Denton water
and
utilize sufficient facilities, storage facilities so athatrCorinth
shall be in a position to meet the demands of its customers without
drawing upon the Denton Water System at any rate in excess of tr,e
above Stated rate. Initially, said maximum daily requirements are
hereby established as 011 million gallons, and the maximu is
rate at which Corinth may take water from the Denton Water sem hereby established as the rate of 0.1_~ million gallons per day.
4, Tne Town of Corinth shall maintain suitable records or the
numbers and sizes of the service connections and the number of per-
sons supplied with Denton water through Corinth facilities, These
records shall be available to the Citv of Denton at all reasonable
times, Annually, on or about April lst, if it shall appear
either the number of persons supplied by Corinth with Denton water
or the average per capita maxium day requirements of these persons,
or both, are auch as to change significantly the last determined
maximum rate of draft of Denton water by the Town of Corinth, then
the said maximum rate shall be redetermined on the basis or the latest
available date. If after April 1st in any year the situation shou'li
-1-
be materially changed by reason of increased users or usage, or
lot,~lthenoevohuadredeterminationfshallebeomadetatmthat timeprilr
5. The diotribution of Denton water by the Town of ^orinth
shall be limited to the area within the limits of the Tow, of
Corinth, provided that the Town of Corinth may be permit' i to
supply water to such specific customers or areas beyond s limits
as from time to time may be approved by the City of Denton, on
application by the Town of Corinth,
6. Water shall be delivered by the City of Denton to the
or Highway t 35g tapthe proximately following one-halfnmile tnorthpoint of the Inter-
state
porate nity limits of the Town of Corinth, said point being the
intersection of the extraterritorial jurisdictional limits of they
Town of Corinth and the extraterritorial jurisdictional limit line
of the City of Denton; and at such other points as may, from time
to time, be mutually agreed upon by the parties hereto,
7. All water furnished shall be measured by meters install-
ed at the points of delivery, All meters shall be furnished and
installed by the City of Denton at the expense of the Town of
Corinth, The City of Denton agrees to maintain said meters and to
cause such repairs and/or adjustments as may from time to time be
necessary, to be prc:7ptly made. Such repairs shall be made at no
expense to Corinth unless it can be shown that the necessity for
such repairs was brought about by an improper act or neglect cn
the part of Corinth, The Town of Corinth agrees to accept the
City of Denton's estimate of quantities of water supplied during
all periods in which the meters fail to measure correctly all
water supplied the Town of Corinth provided there is reasonable
basis for such estimates,
8, The Town of Corinth agrees to pay for such water supplied
by the City of Denton at such rates as the City of Denton may es-
tab).ish from time to time, it being mutually understood that such
rates shall always be reasonable in relation to the costs incurred
by the City of Denton for the supply of water, It is mutually
understood and agreed that the rates shall be established initi-
ally as 5.35 per one thousand gallons of water supplied to the Town
of Corinth, The City of Denton shall give ninety (90) days notice
of any change in the rates and such notice shall be in writing and
shall be delivered in person or by mail to the Town Clerk of the
Town of Corinth. Bills for water service shall be rendered nanth-
ly and delivered to the Town Clerk of the Town of Corinth and shall
be payable on or before the due date shown thereon which shall be
not less than fifteen (15) days from such delivery. There shall
be a further charge of ten (10$) per cent of the amount of the bill
if not paid on or before the due date. All delinq,iant balances re-
maininC unpaid for one year or more shall be subject to an addition-
al charge of eight (°N) per cent per annum until paid, In addition
to the above commodity charges there will also be charged a meter
reading and servicing charge in the ar.ount of `i`genty-Five (925.00)
Dollars per month. Said charge will Ye included in the monthly
billing statement. 'dater service to the Town of Corinth may be dis-
continued if any bill is not paid within sixty (60) days of due date.
The Town of Corinth hereby walves any and all claims for damages re-
sulting from such discontinuance of service.
9, The Town of Corinth aggrees to install the necessary water
mains and pipes, and other facilitiee as may be deemed necessary
by the said City of Denton, the distance necessary to connect the
Corinth System with the nearest existing w'ator main of the Dentoa
System, Further, bhe Town of Corinth agrees to grant, provide a::6
convey all necessary facilities, easements, access, egress and t::- '
Cress perpetually to said City of Denton for purposes of mainten-
anoe of such facilities, In the event of such construction, the
responsibility of which rests with the said Town of Corinth, it
shall additionally restore all existing structures and/or improvt-
mints lying in the right of way of construction, to as good a
dition as before the construction took place; and shall save harm-
less the City of Denton from any and all liability, claims, sui:i,
actions or oauses of actions, causes of actions for damages for n-
juries or otherwise by reason of the construction work hereinabTrprovided for, Any such faoilities constructed, maintained and :rer-
ated under this section shall remain in perpetuity the property cf
the City of Denton and shall not be operated or maintained by a^7
other than employees of the City of Denton or its authorised re::-e-
eentatives,
10, It is understood and agreed that the City of Denton scell
have the right to inspect and approve or disapprove all water ;1;e3,
taps, service connections, fittings, meters, and appurtenances,
ing installation, installed or intended for use in the system, :•.r-
ing the continuance cf this contract, for the purpose of insurlr:q a
uniform standard of construction for all areas served by the C1: cf
Denton Water System, and to avoid any damage to the Denton Sys:an
as a whole, arising from inferior material or workmanship in th•s com-
ponent parts; with the understanding, however, that such insoe::tcns
shall not relieve the Town of Corinth frog full responsibility ;cr
the conformance of finished work w4.'.h acceptable standards
11, For the protection of the health of all consumers
ed with 'later from the water system of the City of Denton, the 7,rn
of Corinth agrees to guard carefully against all forms of conta.r.lna-
tion, and that if at any time contamination should occur, the are!,
or areas affected shall immediately be shut off and isolated an- re-
main so until such conditions shall have been abated and the
declared again safe and fit for human consumption by the oreper..y
constituted gcvernmental health agencies having jurisdiction the
areas affected, The City of Denton expressly reserves the to
discontinue temporarily the supply of water to any of the pipes '.aid
or to be laid by the Town of Corinth whenever it is necessary t:
do to insure proper operation of the Denton later System, or 1':r non
compliance with any provisbn of this Agreement, No claims for --amages
for such discontinuance shall be made by the Town of Corinth azs.nst
the City of Denton.
12. Further, Denton, its officers and employees, shall az ume
no liability for the inadvartant contamination of its water, fr:r.
whatever source or means, or for the negligence of Corinth or :c &ny
officers or employees thereof, nor for any defective or danger•r..e con-
dition existing within the ~-.ater system of Corinth and Ccrint,- _:,a11
hold Denton and its officers and employees harr.less from and sn!.l de-
fend Denton and its officers and employees thereof against any :'aim
for damages or injuries resulting from consumption and use of 'Lid
water including allegations and claims of third parties.
-3-
13~ It is understood and agreed that the Town of Corinth
will not, under any Circumstances, permit water from any other
source or aupp~v to be entered into the water system, or any par:'
thereof, or to 6e mixed or mingled with water from the water sys.
tom of the City of Denton, without prior written approval of the
Director of Yublio Utilities,
14, The City of Denton shall supply and sell water from the
water in Corinth, acand the cordancee
s Corinth t shall City receive Donton to the
and purchase o such of
bwr. of with the terms of this Aggreement for an indefinite period of Lime,
but at least for a period of thirty (30) years from date hereof.
This Agreement may be terminated by either party after expirati=
of said thirty (30) year period, upon one year's written notice
served upor, the other party by delivering the same to the city Sec-
retary of the City of Denton or to the Clerk of the Town of Carl-' th
as the case may be, or at any time v;.n mutual Consent of both
parties,
This Agreement shall inure to the benefit of and be bindini
upon the respective ',.,ties hereto, their suooessors and assigns,
This Agreement shall take effect upon its adoption and exe-
cution by the respective parties hereto, and its approval by the
City Council of the City of Denton and the Town Commission of e
Town of Corinth,
IN WITNESS WHEREOF, the parties hereto have caused this Agree-
ment to be executed by their respective duly authorized officers
in multiple originals as of the date and year first above writer.
CITY OF DENTON
l/GCC~c✓/
BY:
A. , '
CITY OF-DFNTON, TEXA
ATTES
5R00 S HCL:, CITY ~HCRWTAnt
CITY OF DEINTCtl, TEXAS
APPROVED AS LEGAL FORM:
,
AL?. -iA;i;. , AS C_mY AT .Or: E
CITY Or DEN'TO}, TEXAS
TOWN Of' CORINTH
~17
~c s<i / .;ICI<-.'
BY 1
h1A OK'"Y~
ATTEST.
j O'M9J C LL Y,
TOWN Or CORI;;TH
-4-
August 2, 1983
CITY COUNCIL. AQENQA ITEM
SUBJECT;
Consider Request by the City of Corinth to Waive Water
Contract Provisions,
SUMMARY;
The City of Corinth has a contract with the City of Denton
to purchase water. The contract has provisions that
establish the maximum usage per day of 100,00$1gallons
(69GPM). Corinth is presently using 180,000 ga ons per
day (I30GPM) as an annual average, 360,000 gallons per day
(250GPM) as a maximum daily demand and 30,000 gallons per
hour (500GPM, 720,000GPD) on peak hour. The contract
states that Corinth shall take water at a constant rate
based on their maximum daily demand and take water at an
open non-pressurized discharge and provide their own ground
storage, pumping facilities and overhead storage. Corinth
and a local developer are requesting a delay in the
enforcement of this contract provision.
Due to financial concerns, Corinth has not been able to
install such ground and overhead storage and pumping
sys ems and have, therefore, drawn on Denton's system,
Soi,,cr limitations exist on the flow of water to Corinth due
to an 8" section of main line located near the Josten
factory in the otherwise 14" line along IH-35 from Denton
to Corinth. This 8" line tends to restrict flows to 670GPM
with pressures droppping to 35PSI. Denton has planned to
replace this line {CIP project 84-W-11) in 1984 at a cost
of $47,500, primarily to aid Denton's city customers south
and east of I H - 3 5 and MayhiII Road. The installation of
this 14" line will allow a flow of 2000 to 2400GPM (2.9 to
3,5GPD) to flow in this line. This 14" installation
should, however, be coordinated with the installation of a
rate of flow controller to Corinth, so that if a major
water break or problem occurred on the Corinth system
during Denton's peak day, it would not create a drain on
Denton's system.
Lomas and Nettleton, developers, have begun a 500 unit
housing development within Corinth. In order to alleviate
current. pressure problems plus to assure an adequate flow
of water to Corinth, and to delay by one or two years a
$5000000 investment in ground and overhead storage, Lomas
and Nettleton, through their development's Corinth
Municipal Utility District #1 and through the City of
Corinth, have offered to finance the $47,500 installation
of the 14 water line project, CIP-84-W-11, In exchange,
2318U/22
'they Are requesting that Corinth be allowed to delay
installation of the ground and overhead storage to June 1,
1986 or June 1, 1987, Thi will also allow Corinth to
receive additional revenue i rom hookup charges and water
sales so as to be able to finance such water improvements,
The Engineering and Operations staff of the Denton Water
System has expressed serious concerns about allowing this
delay considering the present deficiency in Denton's ground
storage, the marginal overhead storage capacity and the
pressure problems already existing in the upper northwest
section of the City. Normal usage for moderate development
in Corinth could be tolerated, i.e., 200-300 tntal housing
units by 1986, without serious deterioration of Denton's
system, The concern develops when and if a major water
break might occur in Corinth during a peak usage day for
Denton,
FISCAL SUMMARY;
Possible recei t of approximately $47,500 for capital
improvement pr0fect 84-W-11,
ACTION REQUIRED;
Consider and recommend appropriate action relative to
delaying enforcement of water contract provisions with the
City of Corinth.
RECOMMENDATION,
The Public Utilities Board will review this item at their
meeting of July 28, 1983, and their recommendation will be
forwarded to the City Council members on July 29, 1983.
Respectfully,,
R. E. Nelson
Director of Utilities
EXHIBIT I Dannenbaum Engr, Corp. Letter 7/20/83
II Corinth Ltr. 7/21/83
III LN Consult. Ltr. 7/21/83
2308U/2
DANNENSAUM ENGINEERING CORPORATION
CONSULTINC3 ENQINrrRS
1565 W. MOCKINONIAO. $U111C 218, DA6LA{,T¢xAs 75x35
AACA Coo[ 2+4/636-0146
July 20, 1983
Mr. R, E, Nelson, P,E.
Director of Utilities
City of Denton
Municipal Building
Denton, Texas 76201
Re; Water Supply to the Town of Corinth {
Dear Mr, Nelson;
Thank you for meeting with us last Friday afternoon. Following
is a summary of the understandings made between the Town of Corinth
and yourself as per that meeting and our telephone conversation
Monday afternoon.
1. The Town of Corinth's water usage is in excess of the
contractual agreement between the Town and the City of
Denton.
2. Denton is going to put Corinth on notice that a rate of
flow regulator will be installed in the summer of 1985.
3, in exchange for a delay of the installation of the rate of
flow regulator, Denton may allow Corinth to construct the
14-inch water main along 1.N, 35E.
4, Depending upon Denton Council's approval constructing the
14-inch watermain will buy Corinth a year or two before the
rate of flow regulator is installed by Denton (i.e. May
1986 or May 1987).
5. The Town of Corinth is to send a letter to Denton outlining
their steps for installing storage facilities along with
their intent to construct the 14-inch main,
Mr. R4, nelson, M,
City of Denton
July 20, 1983
Page two
if any of these agreements are not your understanding please
note by return mail. Again, thank you for your cooperation, If you
have any questions, or require any additional information, please
feel free to call.
Very truly -ours,
r-~
r Robert Petitt, Jr., P,E,
Associate
RPj;gs;0427A
0911-2B
xc; Shirley Spellerberg
Mac Fuller
Bob Hogan
SHIRI,6Y 6106L1.E1018BRq
~4~I M1 N MAYOR
~"v~wn a~ Gan~nth
ROUTE 3, 2003 SOUTH CORINTH
DENTON. TEXAS 70201
(817; 497.4146
July 21, 1983
Mr, Bob Nelson
Director of Utilities
215 E, McKinney
Denton, Texas 76201
Re; Corinth Water Facilities
Dear Mr. Nelson;
Thq Town of Corinth is preparing to enter into an agreement with
Corinth Municipal Utility District No, 1 which will serve the Lomas
and Nettleton Fairview Subdivision. The Toum has agreed to the
following provisions subject to final approval of the legal contract
by the Town Council and our legal counsel:
1) L & N Consultants will pay for an Engineering water study to be
conducted by the Town,
2) L & N Consultants will pay the f1a11 cost of Project 04-S4-L1--the
removal of the 8" line constriction and replace it with a 14" line,
3) As part of the sewer contract, L & 21 will pay $98,500 for off-site
sewer improvements,
4) A contract between the Town and the MUD for the provision of water
and set-ter customers within the District will be entered.
The Town of Corinth is taking; steps to find a way to provide water
storage facilities, A Citizens Water Advisory Committee has been appointed.
P. town meeting with our engineer and financial ad~risor is being planned
for the near future.
Considerable time will be needed to decide on the method of funding water
improvements and to solicit the cooperation of the citizens of Corinth.
It is our intention to move with all deliberate speed in that direction
with the help of the City of Denton. A. prompt reply from you following the
Board meeting would be appreciated,
Sincerely,
6
Shirley Spellerberg, Mayor
T04N OF CORZTI"n
GK,N CtlnastIVAntS%I M
2001 Biyan Tower
Post 41Iice Box 225844
Dallas. Texas 75285
Phone: (214) 746.7111
Mr. Bob Nelson
Director of Utilities
215 E, McKinney
Denton, TX 76201
Res Project 484-w-11, State school waterline
Dear Mr. Nelsons
L&N Consultants, Inc. is the owner of preperty within
Corinth Municipal Utility District No. 1 (the "District"). The
District is within the town limits of the Town of Corinth. We
have been engaged in discussions with Corinth concerning the
providing of water and sewer services to the area within the
District.
As a result of these discussions, Corinth has indicated that
it will sell treated water to and accept sewage from customers
within the District, It will provide these services to the
customers pursuant to an agreement that is to be entered into
betwen Corinth and the District.
We understand that the referenced project, as described in
th attached sheet, needs to be undertaken to assure adequate
water for Corinth. we have agreed with Corinth to pay the
construction costs of Project #84-w-11 at no expense to the town
of Corinth. The City of Denton may rely upon our agreement.
As a result of our meetings with Corinth and your depart-
ment, we understand that completion of Project #84-w-11 will
satisfy the City of Denton as to the adequacy of the capacity of
Corinth's water system. Our agreement to pay the above costs is
based upon our understanding that design of additional improve-
ments by the Town of Corinth on their water system will not be
required by the City of Denton prior to the end of 1985.
While Corinth will be providing water and sewer services to
customers within the District, the District will actually
construct and own the water distribution and sewage collection
systems within its boundaries, We would appreciate your Pr. Bob
Nelson confirmation that this is acceptable to the City of
Denton. Our obligation to pay the costs is subject to receiving
mwn. er ci Ire _,rras.S ,emetcn F ranc 81 urcuc
Mr. Bob Nelson
Page Two
such confirmation and execution of an agreement between the
District and Corinth for provision of water and sewer sources to
all customers within the District.
Sincerely,
L&N CONSULTANTS
Byr
ayne Ferguson, President
By J. Stephen Crim, Senior
Vice President for Wayne Ferguson,
Presidq !f
✓ -i--tea..,.
J; 7. tap eL Cr1r01 Senior Vice P*resi ent
rf
c
HOGAN ~ RASC7R, Inc.
Engineers + Planners • Consultants
August 8, 1983
Mr, Robert E, Nelson
Director of Utilities
215 E. McKinney St.
Denton, Texas 76201
Dear Mr. Nelson:
On August 4, 1983, I attended a meeting with you in your City Hall
concerning future water supplies to be furnished to the Town of Corinth
by the City of Denton, Others in attendance were Mr. David Hamm, Water
Superintendent, and Mr, Bob Pettit of Danrw nbaum Engineering Corporation.
You advised us that the Denton City Council, in its regularly scheduled
meeting on August 2, 1983s had tabled any action on the Corinth project
until an acceptable plan of action could be developed. The Council
expressed concern about possibly setting a precedent in this case which
might affect its water supply contracts with other similar customers,
In review, the following excerpt from your memorandum of July 28, 1983,
adequately described the contract situation between the two cities for
water supply.
"The City of Corinth has a contract with the City of Denton
to purchase water. The contract has provisions that establish
the maximum usage per day of 100,000 gallons (69 GPM). Corinth
is presently using 180,000 gallons per day (130 GPM) as an
annual average, 360,000 gallons per day (250 GPM) as a maximum
daily demand and 30,000 gallons per hour (500 GPM, 720,000 GPD)
on peak hour. The contract states that Corinth shall take water
at a constant rate based on their maximum daily demand and take
water at an open non-pressurized discharge and provide their own
ground storage, pumping facilities and overhead storage. Corinth
and a local developer are requesting a delay in the enforcement of
'chits contract provision."
Due t; financial 'Aestraints, the Town of Corinth has not been able to
install such ground and elevated storage tanks and pumping station but
continues to draw water from Denton's system at a rate greater than that
provided in the contract. And now, Corinth is faced with even a greater
dilemma in that a subdivision of over 500 lots, being developed by Lomas
and Nettleton, has recently been approved by the Town. Plans for this
subdivision were prepared by Dannenbaum Engineering Corporation.
Sure BOO One Galleria Tower
13355 Noel Road 214/3132.4500 Oalles, Taxes 75240
The Town of Corinth has requested that Denton continue to furnish
Corinth's water needs under the pesent basis until such time as
financial, technical, and construction arrangements can be completed
in order to comply with the provisions of the contract. To assure
sufficient capacity for the needed flows, however, Corinth has offered
to increase a 1500-foot section of the water supply line along 135E,
located near the Josten factory, from 8-inch to 14-inch, Lomas and
Nettleton has agreed to pay for this increase.
Based upon the above, it is now your desire to develop certain recommenda-
tions to your Public Util;ties Board and City Council which will serve
as a basis of agreement between the two cities for the orderly construc-
tion of improvements by C,)rinth in order to comply with the provisions
of the contract. Following are the items which you presented to us which
will comprise your recommendations.
1. The Town of Corinth shall install, or cause to have installed,
the 1,500 feet of 14-inch main along 135E.
2. In exchange, the City of Denton will temporarily waive the
enforcement of certain provisions of the contract pertaining to
maximum rate of flow requirements and the construction of certain
storage and pumping facilities. However, the City of Denton
will install, at this time and at its own expense, a rate-of-flow
controller which will be located near the north Town Limits of
Corinth and which will be set for a maximum flow of 1,000
gallons per minute. This maximum rate will continue until the
Town of Corinth has constructed its new ground storage facilities
to receive the water supply, but no later than May 1, 1986.
3. The Town of Corinth shall show good faith by proceeding immediately
to implement steps toward construction of facilities to comply with
the contract and shall progress to the point of having detailed
construction plans and specifications and a financing plan completed
by March 1, 1984.
4. By December 1, 1984, the Town of Corinth shall have its financing
plan completed and shall have received bids for the proposed
construction.
5. Construction shall have been initiated on all items by March 1, Ia85.
6. By May 1, 1986, all items of construction shall have been completed,
At that time, the rate-of-flow controller will be reset by the
City of Denton from the 1,000 gallons per minute to the antici-
pated maximum daily demand flow rate of the Town of Corinth,
which rate shall be agreed upon between the two cities and reset
each year. The estimated maximum daily demand rate for Corinth
in 1986 is 400 gallons per minute.
2
j,N541 YO ANO Q~.19't0 CN pl4CYCRS I1VlW0f0 IN R^I*f
7, Between now and the date that the new storage facilities are
constructed Corinth, which shall be no later than May 1, 1986,
the rates tote charged by the City of Denton to the Town of
Corinth will being charged to a large
industrial customer of the City of Denton. These rates will
include and reflect the cost for purchase of raw water from the
City of Dallas by the City of Denton.
It is our understanding that you plan to use the above items to prepare
a 'Iposition paper" to present to your Board and City Council on August 16,
1983,
I sincerely hope that all information included herein accurately documents
those items which you presented to us on August 4, 1983.
Yours very truly,
HOGAN & RASOR, INC,
Robert E. Hogan, P,E,
President
kl
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Nelson advised the Board that the City of Hickory Creek has not
annexed the site owned by Mr, Pinnell and Mr, King and that,
therefore, Denton cannot contract this service through the City
of Hickory Creek, Nelson further advised the Board that it's
alternatives, recognizing the Board and Council's recent
resolution regarding preserving water quality in Lewisville
Lake, seem to be that it could approve the request to tie into
the Hickory Creek Lift Station or allow the developers to build
a proposed package sewer plant, and then contract with the
developers to operate the plant for them so as to assure good
operations, This latter alternative is a method used by North
Texas Municipal Water District around Lake Ray Hubbard.
Herring asked Nelson for the Staff's recommendation. Nelson
stated that the Staff favors approval of this request provided
the owners accept all responsibility for the cost and assume
all responsibility for obtaining permits and also agree to meet
the City of Denton specifications for the project, Nelson
noted, however, the Staff's concern over servicing developments
beyond Denton's ETJ, certified service area, and Pecan Creek
Facility Plant's planning area, thereby using up plant capacity
planned for future Denton citizens,
A brief discussion followed with Chairman Laney asking
representatives of the City of Hickory Creek to comment on the
matter, Sid Randolph, Mayor, said the proposed development was
for modular homes and Clark Sherman, of the Planning and Zoning
Commission, added that the 'town of Hickory Creek has not yet
decided whether they will allow the development because of the
nature of the homes. However, there was uncertainty as to
whether Hickory Creek had any jurisdiction over this property
in their extraterritorial jurisdiction since they are a General
Law city.
Discussion followed with the Board noting that this request for
sanitary sewer service outside of Denton's extraterritorial
jurisdiction is but one of several requests and that many such
requests can be anticipated in the future, The Board expressed
it s concerns that granting such requests may soon strain the
capacity of the wastewater system. Coomes motioned that the
item be tabled until the town of Hickory Creek decides whether
or not they will allow the development in question, Second by
Loveless, five ayes, no naves, motion carried.
4, CONSIDER REQUEST BY CITY OF CORINTH TO WAIVE WATER CONTRACT
Chairman Laney excused himself from deliberations on this item
becausa of his concern over a possible conflict of interest
since Tomas and Nettleton are clients of the architectural
business with whom he is employed. Nelson then advised the
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Board that the City of Corinth has a contract with the City of
Denton to purchase water which establishes the maximum lineage
per day at the rate of 100,000 gallons. Further, the contract
stipulates that Corinth shall provide its own $round and
overhead storage and pumping facilities. Nelson advised the
Board 'that because of financial limitations, Corinth has not
been able to install such ground and overhead storage systems
and has, therefore, drawn on Denton's system. Consequem tly,
because of development of a 500-unit housin development by the
firm of Lomas and Nettleton within the City of Corinth, the
present 8" main connecting Corinth to Denton's water system
will be insufficient to service the City of Corinth. Cor'Lnth,
therefore, has requested that Denton waive for 1 year certain
water contract provisions relating to ground and ove;head
storage and has proposed that a 14' water main bo insta.dled,
with the City of Corinth assuming full responsibility for the
cost of the installation.
Discussion followed with the Board members expressing their
concern over Corinth's failure to keep the terms of the
contract. At the Board's request, Nelson reported that is was
the opinion of the Staff Chat, although normal usage for
moderate development would not seriously endanger Denton's
water system, a major water break occurring in Corinth dur-r,ng a
peak usage day might well affect water service to the citizens
of Denton. Therefore, Nelson stated that if the Board does
approve the request for a 14" main, a flow restrictor should be
installed in the main so that if a problem occurred in Corinth,
Lt would not affect service in the City of Denton.
Discussion followed with the Board concluding that more details
would be needed on both the request for waiver of contract
provisions and on the proposal from Corinth before any decision
could be made on this. item. Herring suggested that the 'Staff
work with Corinth to establish more details, particularv in
the area of Corinth's commitments under the proposed new
contract. Loveless expressed his confidence that some mutually
beneficial agreement could be arrived at and motioned to table
this item pending the Staff's further report. Secoaxd by
Coomes, four ayes, no nayes, motion carried.
5. CONSIDER REQUEST FOR. WATER/SEWER SERVICE OUTSIDE CITY LIMITS
FROM MR. BRIAN BURKE ON BEHALF OF MR. W. J. RODDY:
Ham advised the Board that Mr. Roddy's proposed mobile home
park would require an 8" water line, a 10" sewer line and
another pump in the Corinth Lift Station, Ham further ac~'Arised
the Board that the Staff recommends this request be ap roved
provided Mr. Roddy meets all costs and meets all City of rPenton
specifications for the project.
CERTIFICATE OFF AUrHENT10IY
THIS IS TO Ct;RYIFY that the Mltrophntoyraphc appoerlnq on this Fllm*Fllo
tNiMny;M~~h CITY COUNCIL AGENDA PACKET 08/16/53 end
tnding wllh CITY COUNCIL AGENDA PACKET ar,r
occuraN and complete roproducllons of the records of (.Company and Qopl,) CITY OflDENTON
CITY SECRETARY ~ .11s dollvorud In the ronular couno of
lowliness for phol"tophlny,
M Is fuhhor corlifled that the Mlcrgphatographlc processes wore accornplishod In
a rnannor and on Alm which moels wilh roqulromonts of lho National luroaw of Sland.rdl
fN pormanonl mlcrophologrop:ilc copy,
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