HomeMy WebLinkAbout09-06-1983
F ~
AGENDA
CITY OF DENTON CITY COUNCIL
September 6, 1983
Work 'Session of the City of Denton City Council on Tuesday,
September 6, at 3:00 p,m, in the Civil Defense Room of the
Municipal Building at which the following items will be
considered:
3:00 p.m.
.l, Discussion of the proposed 1983-84 Annual Program of
Services.
Work Session of the City of Denton City Council on Tuesday,
September. 6, at 5,30 p.m, in the Civil Defense Room of the
Municipal Building at which the following items will be
considered:
5:30 p.m.
1. Discussion of nitiation of annexation proceedings
concerning a proposed 17 acre subdivision located on
Hickory Creek Road.
2. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
B. Reid 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 Aments Under Sec. 2(g), Art
6152-17 M.T.S.
V.ARegular Meeting of the City of Denton City Council on Tuesday,
September 6, at 7:00 p.m. in the Council Chambers of the
Municipal Building at which the following items will be
considered:
7:00 p.m.
1. Approval of the Minutes of the Regular MeeiJrig of
August 16, 1983.
2. Consent Agenda:
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the
Staff recommendations. Approval of the Consent Agenda
authorizes the City Manager or his designee to
implement each item in accordance with the Staff
recommendations.
City of Denton City Council Agenda
September 6, 1983
Page Two
A. Bids and Purchase Orders,
11 Bid # 9179 - Pickup 1/2 ton
2. Bid # 9181 - Dane markers
3. Bid # 9182 - Radio equipment
4, Bid # 9183 - Relay test set
5. Purchase Order # 59014 to TRAKS Service
Company in the amount of $7,258.00
B. Plats, pp
1, oiproHickorythePlainsmin 3uyy bdivisionsion (The
Planning and Zoning Commission recommends
approval.)
2. Approval of the preliminary plat of the
Ruddell Street Addition. (The Planning and
Zoning Commission recommends spproval,)
C. Final Payments:
1. Approval of final payment of $1,485.00 for
Human Resource Needs Ass9ssment to Ipser and
Associates, Inc.
3, Public Hearings:
A. This is a public hearing to consider annexation
of approximately 150.5 acres of land which begins
at the intersection of Mayhill Road and East
McKinney Street and extends easterly 250 feet
either side of the centerline of East McKinney
Street up to and including a 104 acre tract
located on the north side of East McKinney
Street. ('L-1590)
B. Z-1595. This is the petition of Uaisy Punch
requesting a change in zoning from two family
(2F) to the office (0) classification at 423 West
Prairie. The property is located at the
southeast corner of West Prairie and Carroll
Boulevard, (The Planning and Zoning Commission
makes no recommendation.)
C. Z-1597 and S-171. This is the petition of the
City o euton requesting a change in zoning from
agricultural (A) to the light industrial (LI)
classification, and approval of a specific use
permit for a sanitary landfi',1, on a tract of
City of Demon City Council Agenda
September 6, 1983
Page "Three
land containing 36,082 acres located east of
Mayhill Road along the south side of Foster Road
also known as Edwards Road). (The Planning and
oning Commission recommends dpproval,)
11 Adoption of an ordinance approving a change
in zoning from agricultural (A) to the light:
industrial (LI) classification on a tract of
land containing 36,082 acres located east of
Mayhill Road along the south side of Foster
Road (also known as Edwards Road).
2. Adoption of an ordinance approving a
specific use permit for a sanitary landfill,
on a tract of land containing 36,082 acres
located east of Mayhill Road along the south
side of Foster Road (also known as Edwards
Road).
D.. Z-1598. This is the petition of Richard R.
o~aCA- on requesting a change in zoning from
aggricultural (A) to the planned development (PD)
classification on an 11.53 acre tract located
along the north side of Robinson Road beginning
approximately .4 mile east of the intersection of
Robinson Road and FM 1830 (Teasley Lane). If
approved, the planned development (PD) would
permit the following land uses:
Duplexes - on 6.77 acres
4-plexes - on 1.92 acres
Recreation - on .42 acre
Street right-of-way 2.42 acres
(The Planning and Zoning Commission recommends
approval.)
1. Adoption of an ordinance approving a change
in zoning from agricultural (A) to the
planned development (PD) classification on
an 11.53 acre tract located along the north
side of Robinson Road beginning approx-
imately .4 mile east of the intersection of
Robinson Road and FM 1830 (Teasley Lane).
E. Z-1599. This is the petition of Millie Johnson
requesting a change in zoning from two famil
(2F) to the planned development (PD5
classification on a lot approximately 69' x 155'
in size located at the northwest corner of
Carroll Boulevard and Congress Street. if
approved, the planned development (PD) would
City of Denton City Council Agenda
September 6, 1983
Page Four
permit the construction of a 1,628 square foot
office building. The property is more
particularly described as lots 1 and 2, block 5,
Carroll Park Addition. (The Planning and Zoning
Commission makes no recommendation,)
F, Z-1600 and 5-113, This is the petition of the
y o Denton requesting a change in zoning from
agricultural (A) to the light industrial (LI)
;lassification, and approval of a specific use
permit for a sewage treatment plant, on
approximately 235.96 acres beginning as of
Mayhill Road and including property located and south and east of Foster Road (also called
Edwards Road), (The Planning and Zoning
Commission recommends approval.)
11 Adoption of an ordinance approving a change
in zoning from agricultural (A) to the light
industrial (LI) classification on
approximately 235,96 acres beginning east of
Mayhill. Road and including property located
north and south and east of Foster Road
(also called Edwards Road).
2. Adoption of an ordinance approving a
s ecific use permit for a sewage treatment
plant, on approximately 235.96 acres
beginning east of Mayhill Road and including
property located north and south and east o£
Foster Road (also called Edwards Road).
G. This is a public hearing on the proposed 1983-84
Annual Program of Services.
4. Ordinances;
A. Consider adoption of an ordinance amending the
taxicab ordinance exempting limousines from the
requirements of vehicle lettering and taximeters.
B. Consider adoption of a franchise ordinance with
Genera]. Telephone,
C. Consider adoption of an ordinance increasing the
hotel/motel occupancy tax.
D. Consider adoption of a new minimum housing and
building standards ordinance. (The Building Code
t Board recommends approval.)
City of Denton City Council Agenda
September 6, 1983
page Five
E. Consider adoption of an ordinance amending the
City of Denton plumbing code. (The Plumbing and
Mechanical Code board recommends approval.)
S. Consider the nomination of Mr. Melvin Gouge for re-
appointment to Place 6 and Mr, Michael Grandey for
re-appointment to Place 8 on the board of Directors of
the North Texas Higher Education Authority.
6, Official action on Executive Session itemss
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
7. New Business;
This item provides a section for Council Members to
suggest items for future agendas.
CERTIFICATE
I certify that the above notice or meeting was posted on the
bulletin board at the City Full of the City of Denton, Texas,
on the ,-i day of , 198~;~ at
o'clock (a.m.) (p
1 7 >
CITY SECRETARY
0994C
AGENDA
CITY OF D4NTON CITY COUNCIL
September 6, 1983
Work Session of the City of Denton City council on 'ruosday ,
September 6, at 3:00 p.m, It, the Civil Defense Room of the
Municipal Building at which the following items will be
considered:
3:00 P. in,
1. Discussion of the proposed 1983-84 Annual Program of
Services.
Work Session of the City of Denton City Council on Tuesday,
September 6, at 5.30 p.m. in tho Civil Defense Room of the
Municipal Building at which tho following items will be
considered:
51.30 p.m.
I
1. Discussion of initiation of annexation proceedings
concerning a proposed 17 acre subdivision located on
Hickory Creek Road.
2. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.I.S.
13. Real Estate Under Sec. ?.(f), Art. 6252-17
V.A.'1.5.
C, Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S.
D. Board Apppointments Under Sec. 2(g), Art
6252-17 V.A.T.S,
Regular Meeting of the City of Denton City Council on Tuesday,
September 6, at. 7:00 p.m. in the Council Chambers of the
Municipal Building at which the following items will be
considered:
7:00 p.m.
1. Approval of the Minutes of the Regular Meeting of
August 16, 1983.
2. Consent Agenda:
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the
Staff recommendations. Approval of the Consent Agenda
authorizes the City Ifanager or his designee to
implement each item in accordance wirh the Staff
recommendations.
City of Denton City Council Agenda
September 6, 1983
Page Two
A. Bids and Purehaso Orders:
11 Bid # 9179 - Pickup 1/2 ton
2, Bid # 9181 - Dane markers
3. Bid 11 9182 - Radio equipment
4. Bid # 9183 - Relay test set
5. Purchase Order # 59014 to TRAKS Service
Company In the amount of $7,258.00
B. Plats:
1. Ap proval of the Ireliminary subdivision plat
of Hickory Plains Subdivision. (The
Planniqg, and Zoning Commission recommends
approval, . )
2. Approval of the preliminary plat of the
Ruddell Street Addition. (The Planning and
Zoning; Commission recommends approval.)
C. Final Payments:
1. Approval of final payment of $1,485.00 for
Human Resource Needs Assessment to Ipser and
Associates, Inc.
3. Public Hearings:
A. This is a public hearing to consider annexation
of approximately 150.5 acres of land which begins
L' t: the intersection of Mayhill Road and East
:IeKinney Street and extends easterly 250 feet
either side of the centerline of East McKinney
Street up to and including; a 104 acre tract
located on the north side of East McKinney
Street. (Z-1590)
B. Z-1595. This is the petition of Daisy Punch
requesting a change in zoning from two family
(2F) to the office (0) classification at 423 West
Prairie. The property is located at the
southeast corner of West Prairie and Carroll
Boulevard. (The Planning and Zoning Commission
makes no recommendation.)
C. Z-1597 and 5-171. This is the petition of the
City of eston requesting; a change in zoning from
agricultural (A) to the light industrial (LI)
classification, and approval of a specific use
permit for a sanitary landfill, on a tract of
City ol: DOntron City Council Agenda
September 6, 1983
Page Three
land containing 36,082 acres located east. of
Mayhill Raad along the south side of Foster Road
(also known as Edwards Road), (Thor Planning and
Zoning Commissir)n recommends approval,)
l.. Adoption of an ordinance approving a change
in zoning from agricultural (A) to tine light
industrial (LI) classification on a tract of
land containing 36.082 acres located east of
Meiyhill Road along the south side of Foster
Road (also known as Edwards Road).
2, Adoption of an ordinance approving a
specific use permit for a sanitary landfill,
on a tract or land containing 36.082 acres
located east of Mayhill Road along the south
side of Foster Road (also known as Edwards
Road),
1). Z-1598. This is tho petition of Richard R.
omZ mpton requesting a change in zoning from
ab~ricultural (A) to the planned development (PD)
classification on an 11.53 acre tract located
along the north side of Robinson Road beginnin
approximately .4 mile east of the intersection of
Robinson Road and FM 1830 ('Teasley Lane), If
approved, the planned development (PD) would
permit the following land uses,
Duplexes - on 6.77 acres
4-plexes - oil 1,92 acres
Recreation - on .42 acre
Street right--of-way - 2.42 acres
(The Planning and Zoning Commission recommends
approval.)
1. Adoption of an ordinance approving a change
in zonin from agricultural (A) to the
planned ~e.valopment (PD) classification on
an 11.53 acre tract located along the north
side of Robinson Road beginning approx-
imately .4 mile Last of the intersection of
Robinson Road and FM 1830 ('Teasley Lane).
L. Z-1599. This is the petition of Millie Johnson
requesting a change in zoning front two family
(2F) to the planned development (PD
classification on a lot approximately 69' x 155'
in size located at the northwest'. co ner o£
Carroll Boulevard and Congress Street, i€
approved, the planned development (PD) would
City of Denton City Council Agenda
September 6, 1983
Page Four
permit the construction of a 1,628 square foot
office building. The pro ert mre
particularly described as lots p acid 21 iblook o5,
Carroll Park Addition. (The Planning and Zoning
Commission makes no recommendation,)
F. Z-160 U and 8-173. This is the petition of the
agricultural en~Eon requesting a chang;o in zoning from
(A) to the light industrial (LI)
classification, and approval of a specific use
permit for a sewage treatment PI lilt, on
approximately 235,96 acres beginning; cast of
Mayhill Road and including property located north
and south and east of Foster Road (also called
Edwards Road), (The Planning and Zoning
Commission recommends approval.)
1. Adoption of an ordinance approving a change
in zoning from agricultural (A? to the light
industrial (LI) classification on
approximately 235.96 acres beginning east of
Mayhill Road and including property located
north and south and east of Foster Road
(also called Edwards Road).
2. Adoption of an ordinance approving a
specific use permit for a sewage treatment
plant, on approximately 235.06 acres;
beginning east of Mayhill Road and including
property located north and south and east of
Foster Road (also called Edwards Road).
G, This is a public hearing on the proposed 1983-84
Annual Program of Services.
4. Ordinances:
A. Consider adoption of an ordinance amending the
taxicab ordinance; exempting; limousines from the
requirements of vehicle lettering and taximeters.
B. Consider adoption of a franchise ordinance with
General Telephone.
C. Consider adoption of an ordinance increasing the
hotel/motel occupancy tax.
D. Consider adoption of a new minimum housing; and
building standards ordinance. (The Building Code
hoard recommends approval.)
r
City of Denton City Council Agenda
Septembor 6, 1983
Page Five
E, Consider adoption of an ordinance amending the
City of Denton plumbing code. (The Plumbing and
Mechanical Code Board recommends approval.)
5. Consider the nomination of Mr. Melvin Gouge for re-
appointmetit to Place 6 and MI . Michael Grandey for
re-appointment
Texast Higher place Edu8 on t Board of catioo AuthorityDirectors of
the N
6, Official action on Executive Session items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
7. New Business;
for Council Members to
This item
itemso~ore future section agendss.
UKTIFICATE
I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, Texas,
198 at
Oil the day of o1clock (a.m.) (p.m.)
CITY SECRETARY
0994C
r
MEMORANDUM
Date; August 29, 1983
To., G. Chris Hartung, City Manager
From; Charles Watkins, Senior Planner
Re; Discuss initiation of annexation proceedings
concerning proposed 17 acre subdivision located
on Hickory Creek Road.
This tract is approximately 17.5 acres in size and is located
on the south side of Hickory Creek Road in the extra territorial
jurisdiction (ETJ).
roposed land use is single family residential on 32 lots
The
whic average approximately 18,000 square feet. The residential
dwellings will probably be some type of manufactured housing.
The developer intends to serve the subdivision with well water,
and septic systems will be used for sewage disposal.
The internal streets will be constructed to county standards and
the developer has agreed to dedicate a minimum of 50 feet of
right-of-way from the center line of Hickory Creek Road.
The Planning staff has previously indicated misgivings regarding
annexation in this area due to cost of service considerations.
In this rase the Utility Department would like this property
annexed because of waste water disposal concerns.
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VICIHIty MAP
401 To lG&Lt
CITY Or' DEN'l'ON
MEMORANDUM
TO; Mayor and Members of the Gity Council
FROM., Charlotte Allen, City Secretary
DAZE; 9optembor 1, 1983
SUBJECT; Board Appointment
As you are aware, Charles Cryan has resigned from the Public
Utility Board. The Council may want to consider a replacement
for Mr. Gryan during the executive session on September 6. Tile
board and Commission Books have been revised and returned to
you.
if you have any questions, please let me know. 't'hank you.
I
I
Mar of ,e 90111
Ca
09980
w~ !
CITY OF DENTON
MiEMOhANDUM
TO: Mayor and Members of the City Council
FROM, Charlotte Allen, City Secretary
DATE: September 1, 19$3
SUBJECT: Back-up Materials for Agenda Item #1
Due to a problem we experienced with the word processing
system, the Minutes of the Au,4ust 16 meeting were not ready to
be copied with the agenda packet, These Minutes will be
delivered to you prior to the Council meeting on September
't'hank you.
C tar Otte en
ca
10020
COU,NCII, 1II41J'PEs
August 16, 1983
Tire Council cunvened Into a joint meeting with the Public Utility
Board to re eelvo a report trom ollbort Associates on the t>SJ
Electric Rate study,
CUUNCIb
PRESEN'li Mayor un SNtembo r l f ord , Berto
Co ,
s Al Pro n,a Dhow, lie pk s
e
ounc cil
and Stephens
city +lanagor, City Attorhey, and City secretary
CUUNGIL
ABSEN I I Nolle
P,U.o,
PRhSENT: lid l.4ome5 and aiarrvt» Love Ies5~
P.U.8.
ABshNrr ueonard lie rring, Jr. an,i Roland Laney
air, Al Hermann of riilbort Associates, presented a report on the
various rate class rat tos which had been dot ormined. by the electric
rate study, air, hermaan expIainod chu various designations of
classes and the cnanges to the ratios, the detailed data .as
presented to tine Council in a w"itten report from Gilbert Associites,
Council Member Chew questioned why the class G1 lschooIs) ratio did
not change,
,ir, Hermann responded that this was one area which the Iic
Utility Board did not feel was necessary to change as the re ier,ue
dial cover debt service; however, this class rat to was lower than the
system average and ire would recommend ail increase In the fu:sre,
Hermann also stated that It would out be appropriate to change too
much in one rate c',ass,
Cuuncil Member Chew que5tiuued a large increase to the primaries.
Mr. Hermann responded that the ratio currently was d and the: the
primaries were producing revenu,W~, covered their cost and acre.
'Clio figures for 198J•84 were b,,5~,u un tire budget. A 6 mil incrraso
had been added to cover the ueI io ustment clause, The t:tal
revenues resulting from the o n,rl incre aso would pr:auct
approximately $533 dollars, The debt service ratio was up t: 3,8
based on the new rates, air. Hermann stated that this was a forr;ast
only, Sir, expected
also i reported change thatrthe llresidential iclasrsiawas
1985. below other classes. Specific actions regarding the b::ling
determinates had been recomn,endod wltn specific steps fur ',ture
rate increases outlined. Nr, Hermann stated that a cost of sa:,ice
model had been installed on the IBM computer which would affar: .he
capability of comparing future rates.
Charles Cryan, UtIIIty Department staff, gave a summary ai the
schedulo of tariffs comparing the proposed rates and the ex.stin
winter and summer rates of the City of Denton, Texas Powaril
Light, and the Uenton County Electric co-Operative, Sir. :ryas
stated that the rates would flex from month to month, Even %ough
the staff was recommending that the rates be increased, tlie rs were
still some inequities. This could nut be changed drama( ical:• but
could be set in the right direction. rho large commercial ,..asses
should be kept constant in relation to each other. Sir. I+an
suggested that the R-i class customers might have other su^s:dies
available other than through the utility bills.
Aai r. Art Haas, Chairperson of the Flectric Rat: >tudy
Committee, was also pres,int
City of Uentun CttY Councll allnutes
Meeting of August le, 190
Page Two
council Member Rlddlesper er staled t111%t a great dual would oe
determined by TMPA in the future.
air. Hermann stated that when the impart of the TMPA billing ehanre
was Colt, Donton must be ready,
Connell Member dop klns askod Mr, 11 n how morel Iton btoitotthe
philosophy of how Dentou was treating ather
cities,
Mr, Hermann respondod that Denton was not out of line although the
rates were somewhat higher on some commercial clasvos, Mr. He resnn
stated that he thought Denton was U\,
Council Momber Hopkins stated that ail he had road lately stated
that utilities should keep rates constant, The Clty needed to be
competitive for Industries, but did have a social rosponslbiiity to
residential consumers,
Mayur Stewart askod if future TM Pk costs were considered ut
,:alculating the rates,
Bob No I examined sothe way s DIPA wus chalrlgiing now ande1dtriied}e to anticipate ttic
1984 rate,
Council Momber Rlddlesperger asked what percentage of power 'could
the Clt>• of Denton receive from the nueloar plant,
Mr, Melson responded about 10 percent,
Gouncil Member Hopkins stated that he would like to see the :tty
structure 10 to 15 accounts under now categories,
Mr. Hermann briefly dAcribud the rate structure for the rel:;.oit s
wors,Ip category,
The Council convened in to the hxecutivo Session to discuss regal
matters, real estate, personnel, and board appointments, \u
official action was taken,
Tito Councll then couvenud into the regular meeting at 7;00 p.a. in
the Council Chambers,
PRESENT: :Mayor Stewart, Mayor Pro Tem RiddIeiper\er,
Councll Nlo at bers Alford, Barton, Chow, Ho.stns,
and Stephens
City Manager, City Attorney, and City Secretr:N
ABSENT: ;lone
1, The Council considered approval of the Minutes o: the
regular me°ting of August 2, 1983,
Hopkins ti on, Stephens second to approve the Miuutre as
presenteu. Motion carried unanimously,
The Council constdored approval of the consent agenda.
Riddiesperger notion, Alford second to approve the consent agenda,
Motion carried unanimously,
Consent Agenda:
A, Bids and Purchase Orders;
1, Bid 49174 - Refuse bags
Purchase Order 459253 to Cummins Supply :n the
amount of $5,312,37
City of Uonton Cityy Council Minutes
Ntoeting of Autiust 16, 1983
Pago Throo
8, Plats an'l Roplatsi
1. Approval of the (trial plat of Gideon Waic
Addition, (rho Planning and Zoning Comm Iss:jn
rocomlaends approval,)
d, Approval. of the final plat of Nlissourt-Yac" I'.
Railroad Addition, (Tito Planning and Zunin6
Commission recommends approval,)
3, rho Nluyor presented a retirement plaque to George Prltt
the City of Denton hlectric Production Ulvtsion.
4, Mr, Edward Cook appeared before the Counc II regarding
amending the taxi ordinance,
Mr, Cook handed out materials and stated that his purpose In cooing
before the council was to ask that certain portions of the taxi:ab
ordinance be amondod to accommodate limousine services, Mr, Cook
stated that his ob)octtons were to the portions of the existing
ordinance which specified that the owner's name and telephone nuaber
be affixod to the side and rear of the vehicle and that a taximeter
be installed, Mr, Cook did not feel that those provisions vere
appropriate for a limousine,
Moyor Stn;art stated that a limousine was riot a ta\~ -ab and sr•>>.,li
roquire a separate limousine ordinance,
City Attorney Taylor stated that an exclusion or ddVrl,iMent to the
existing taxicab ordinance was needed but not a sopar.ite limousine
ordinunco, This amendment could be prepared for Council action at
too September 6 meeting,
Riddlesperger motion, Stophens second to direct the City Attorney to
prepare late ordinance amondraent Motion carried unanimously,
5. Public hearings
A. 'file Council considered the petition of NoaI J.
rinnorollo requesting a change in coning from agricultural A' to
the general retail (GR) classllication on a one acre tract located
along the north side of Shady Shores Drive beginning approximately
IDO yards oast of tno intersection of Shady Shores and the 1.35
servico road, (Z-1592)
l'he Mal'or upenod the public hearing,
Mr, John Tinnorollo spoke in favor of the pot Ittell stating that the
tract was located )ust at the Shady Shores exit, M,. 1'innereIIo's
brother, the petitioner, had operated a restaurant in Lake Dal~'as
until he lost Die lease, Since +aany of the restaurant patrons %ere
from Denton, Mr, Tinnerelto wanted to move to this area which was
closer to Denton, Mr, rinnereIlo also stated that this business
would mean additional sales tax monies to the City, The on 1y
problems had been with the utilities. Tho restaurant would seat
approximately 75 poop le and be open Tuesday through Saturday.
No one Spoke in opposition,
The %iayor closed the public hearing,
David ullison, Development Review Planner, reported that o rrpiy
forms nad been mailed with 1 returned in favor and 0 1n opposition,
N is area is located outside of the Denton Development vuide
planning area, %la)or street access it in place ana water and sewer
service will be available through line extensions. The Planning and
Zoning Commission voted 4 to I in favor of the petition.
City of Uenton Gltyy Council Minutes
Meet ilia of August 16, 1983
page Four
1, The CculleiI considered ait uptioit of alt ordinance
approving a change ill tonilti, troro agrtcwttilrnl kA) to the general
retail (uK) classification on a one acre tract located along the
north side of Shady Shores Drive beginning approxtmatoly 100 yards
east of the intersection of shady Shores and the I.3S service road,
The following ordinance was, presontedi
NO, 83187
AN ORDINANCE AMENDINC THE ZONING MAP 01, THE CITY OF DENTON
I'liXASI AS SAME WAS ADOPTED AS AN APPENDIX TO 'CITE CODE
ORDI- NANCES Oil THE CITY OF DENTON, ' upv), BY ORDINANCE SO,
ei)•1, AND AS SAID MAP APPLIES TO APPROXIMATELY 1.0 ACRE OF
LAND OUT OF TIIE U IDEON WALKER SURVEY) ABSTRACT NO, Mill
Dl;llTuw cOUN'fY, TIIXAS; AND MORE PAR'T'ICULARLY DESCRi Wl
IM0IN; AND DECLARING AN BFFECTIYE DA'Z'E,
SLQ hons motion, Ilopkiits second to adopt the ordinance, On roll
call vole ha rtoil "a), 0,1 Ilopki 115 ",Nye", Stephens "aye", At fold "aye",
Kidd Iesporger "aye", Cnei! "aye", and Mayor "aye", Motion carried
uhanImousIyI
h. Tilt? council considered the petition of Morelle Miller
ruquesting approval of a speelfic use permit In a single fa atly
(SF•I) zoning district, 'ilia property is located at 7oJ Audra .ane
and begins along the east side of Audra Lano approximately 110 fret
south of Paisley Drivo, If approved, the spec it it: use parfjit vouId
allow the operation of a day cafe cantor for thirty-four Jsl
children in a single IaaIly (SF'-7) zont rig district, LS•112)
The Mayor opened the public hearing,
Ms. Morelie Miller, the petitioner, spoke In favor stating t.nat one
of her clients aantod to open the day care center. The prupert~ had
been inspected by the state and the Fire Do par tnentI Ms. Miller
stated that the property would be leased to Ms, Rosemary Brown who
would oporato the day care center,
Ms. Rosemary Brown spoke in tavor of the petition stating that tacre
was a need fur this type, of service in Denton,
Mr. Uavld Smith, adjacljnt property owner, spoke tit opposition to the
petition stating that 'tho traffic was already a problem and the day
care center would worsen the situation, Mr. Smith also stated that
loo believed the children would create a noise nuisance,
No one else spoke iit oppositaon,
In rebuttal to the opposition, Sts, \toreIIe Duller stated that a
noise problem should not ex.st as all of the children would not be
outside at the same time, In response to Ute trafElc Is3ut. M,i,
Sillier stated that two enU,ances oxisted for the property and an
additional entrance could be added.
The Mayor closed the public nearing.
Da l'iLi Ell.lsoil , llevelopment Review Planner, reported that 12 reply
forms lied been mailed with 1 returned in favor and 2 in opposition,
At rhip present %ime, Ms. Brown had state permission to operate a
registered family home, not a day care center, to order to expand,
Ms, Brown would need to move to the new facility and ut,tain a
specific use permit. Ellison also reported that ample parkin3 space
was available on the west side of the structure and thFt adequate
space was available at :lie site for recreational facilities.
I)en51ty in this area would not be a problem and the staff Sid not
feel that traffic would be a problem. The Planning and 'oil ing
GoaimIssioil felt that tit II was an exceptional request a,1it Bud
recommended approval by a vote of 5 to 0 with 5 conditions.
City of Denton city council Minutes
Mooting of August 16, 1985
Page Five
Council Member Hopkins asked If access to the fac a Ity would be
available from the stroot which extended to the north of the parking
area,
LI41son rospondod that no access should be provided frum that
).ocatton, Thane should be one way in and out using Audra Lane.
1. The Council considered adoption of an ordinance
approving a specific use permit for a day care center at 704 AuJri
Lane,
The tollowing ordinance was presented:
NO, 83.88
AN ORDINANCE tRANTING A SPECIFIC USE PERMIT AND AMENDING
THE BONING MAP OF THE CITY OF DENTON, 'TEXAS, AS SAME AAS
AU01"TED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE
CITY 07 nLNTON, 'TEXAS, BY ORUNANCh NO. 69.1, AND A:i ''AID
MAP APPLIES TO 704 AUDRA LANH IN THE CITY AND COUNTY •"F
DENTON, TEXASi AND DECLARING AN EFFECTIVE DATE.
Cnew motion, Barton second to ad opt the ordinance. On roll :a.1
vote Barton "aye", Hopkins „ayon, Stephens "aye", Alford "a a",
Rlddiesperger "aye", Chew "aye", and slayer "aye", Motion carried
unanimously,
6. Ordinances
A. Tice Council considered arop tIoil of an ordinance
approving a specific use permit for a mobile home par on and the
acre tract of land in the E. Morris Survey, Abstract 968, Mary L. Austin Survey, Abstract .I, Denton County, Texas,
and being
generally described as located north of Spencer Road and west of
iooJrow lane, 'rho property is presently zoned light Industrial
(LI). (S•170)
This petition was approved at a previous Council meeting.
The following ordinance was presonted:
NO, 83.89
AN ORDINANCE GRANTING A SPECIFIC USE PERMIT AND AMENDING
THE tUNI,VG MAP OF THE CITY OF UENTON, TEXAS, AS SAM:. WAS
ADOPTED AS AN APPENDIX TO THE Collin OF ORDINANCES OF THE
CITY OF LIENTON, TEXAS, BY OkDNANCE NO. 69-1, AND AS SAID
MAP APPLIES TO APPROXIMATELY 46.40 ACkIiS OF LAND tN T14F
CITY AND COUNTY OF DMiNTON, TEXAS AND DECLARING AN
EFFECTIVE DATE.
Hopkins motion, klddlesparger second to adopt. the ordinance, On
roll call vote Barter. "aye,,, Hopkins "aye", Stephens "aye", k1ford
"aye", Riddlesperger „aye", Chew "ayes,, and Mayor "aye". Motion
carried unanimously.
B. The Council considered adoption of an ordinance
annuxing a 191.13 acre tract of land located along the south stile of
Jim Lhristal Road and west of the existing city limit, t3-1513'
Mr. George Hopkins, attorney for ad)acent property owners, stated
that his clients wished to have the potion of tite parcel west of
4ickol'y '.POCK deleted from the annexation. Mr. Hopkins also stated
that he believed that the creek would make a natural city :unit
boundary.
Gouncil Member Stephens asked how the area west of the creek xould
be developed.
Mr. Hopkins replied that the area was to be developed in > :c- 10
acre tracts
r.~rr
City of Denton City COUHcII Minutes
moo tang of Auttiust 16, 1981
page $ix
Council +lomber Chew asked if that was tho only development in this
area.
Mr, nopkins stated yes,
Charlie Watkina, senior planner, raporml that afto r the public
hearings the Clty Council had instructed r, lie staff to obtatn a
reeollMoudatIoil from the Airport Advisory hoard due to the proxIaity
of this area to the municipal airport, The Airport Advtsory board
had recommended deleting the portion of rho tract west of hickory
Crook.
Council Momber Stephens asked what could cause the staff to bring
this Issue back to the Council.
Watkins rospoaded that any deviation from the plan for development
which had soon for that area west of the creek would cause the staff
to consider further annexation proceedings,
T'he following ordinance was presented
NO, 83.90
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND
ADJACENT TO THE CITY OF BENTON, TEAS; BEING ALI, THAT ;,UT,
TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATFLY :9.0
Ak;RES OF LAND LYING AND BEING SITUATED 14N THE COUNTY OF
DENTON, STATE, OF TEAS AND BEING PART ON THE W. DAMS
SURVEY AB6TRACT NU, 377, AND G. MEYERS SURVEY' ABSTRACT
NO, 3~3, DENTON COUNTY, TEXAS! CLASSIFYING THL: SAME AS
AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARIN„ AN
EFFECTIVE DATE,
Hopkins motion, Riddlosperger sr,cond to adopt the ordinance deleting
from the annexation proceedings that portion west of Hickory Creek,
oil roll call vote Barton "ayo", Hopkins "aye", Stophnns "a,ve
Alford "aye", Riddiesperger "ayeChew "nay", and Mayor "ave
Motion carried by a vote of 0 to 1,
C. The Council cons.1 do red adoption of a franchise
ordinance with General 'Telephone Company I)f the Southwost,
City Managor Hartung stated that Ms, Joann Dean of G'TE had asked to
be present whon this item was IItTesented to the Council, Ms, Dean
was 111 and had r a q u e s t o d t1,at this ordinanco be tabled and
presentod at the September 0 meeting,
Chev motion, Barton second to table the ordinance, Motion carried
unanimously,
7, Resolutions
A. The Council considered approval of a resolution
applying for selection to participate in the 1984 "Main Street"
program and funding a "plain Street" protect e,.major.
N%. Denise Spivev, Planning Technician, reported that the criteria
for application for the prograio had been met, The project nanager
wouid administer the program which would run Ear 3 years. These are
currently 15 cities in the program,
The following resolution was presented:
K E S 0 L_U 'T I O N
WhERSAS, the Texas ha in Street Center of the Texas
Historical Commission has been created to assist small c-.ies to
City of Denton city Council Minutes
Meeting of August 16, 1963
Page Seven
develop a public private effort to revitalize thoir "Mails Street"
areas, and five Texas cities will be selected to participate in the
project in 19041 now, therefore,
Bli IT R4SOLV60 BY 'IHH CITY COUNCIL UP TIIB CITY OF DENTON, TEXAS THAT:
S-CT1ON, ly
The City of Vonton, Texas apply for selection to
participate In the 1984 "Main Street" program with the specific foal
of ravitall:ing the central business district within the context of
the preservation and rehabilitation of its historic buildings,
uitT ON '11 L
That the City of Uonlun will fund and employ a Main Street
Project !tanager and provide the manager with travel funding for
training.
~
SliCTION 1.1.1
That the Clty Manay.er be dos Igno ted to coo rd Inate the
program activities,
PASSED AND APPROVED this the loth day of August, 1933,
ART, MAYOR
CITY OF DENTON, TEXAS
ATTEST
G 1n t u~1Ti-"AI, t. a
CITY OF UENT'ON, TEXAS
APPKOVHD AS CU LHGAL FORM:
C. J. TAYLOR, JR „ CITY ATTORNEY
CITY Ob DENTON, TEXAS
BY: _
Sluphalls motion, Chew second that cite resolution be massed. On roll
call vote Barton aye Hopkins aye , Stephens aye , Alford "aye ,
Riddlesporger "aye", Chew "aye", and Mayor "aye", Motion carried
unanimously,
B. Me Council considered approval of a resolution
authorizing application for slate administered Community Dove1.spnent
Block Grant (CDBG) program,
Charlie Watkins, Senior Planner, reporlo..l that this was the first
year that the state had administered tile program.
The following resolution was presented:
L .E SS 0 L U T 1 0_`f
WHEREAS, the City of Denton, Texas, has idell ttfieu
community development needs; and
WHEREAS, the Texas Depar%mcn o: Community tffairs
administers tho 'texas Community Deveiopment Program to assist
community' development activities in LaO State of texas: NOh',
ill HR LFOR I-,,
11 1: II KESOLVED BY THE. CITY COIINfiL OF Trill 0111' QF DENT UN, TEXAS:
city of Denton City Council sllnutes
Meettng of August lo, 1985
Page Night
C'I LON ly
That the City of Dorton, Texas hereby applies for a Texas
Community Development Program Grant under the terms and conditions
of the program administered by the State of Texas and upon approval
shall entst' into and agroo to the understandings and assurances
contained In the applicatlon and grant.
PASSED AND APPROVED this the loth day of August, 1983,
KT1 W U',"MAYiJTt
CITY OF DENTON, TEXAS
ATTEST;
C'iTARLOTTE CGLEQ'7'CTT'Y-S~ln'
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAI. NORM;
C. J. TAYLOR, JR., CITY ATTORNEY
CITY Ok UENTON, TEXAS
BYi _
Riddlespergor motion, Chow second that the resolution be passed. On
roll call vote Barton "aye", Ilopkins "aye", Stephens "aye", Alford
nave", Rlddlosperger "aye", Chew "aye", and 'tayor ''aye". %totton
carried unanimously,
8. The Council considered approva, of the State Department of
rlighways and Public Transportation's proposal prohibiting two-way
,)poratlon of traffic upon the frontage roads of 1H-35 from U. S. 77
north to the City limps.
Mr. Dwight Byrd, resident engineer for the State Department of
Highways and Public rransportatlon, reported that the state was in
r. lie process of completing rehabilitation of Iil•3S. Part of the
scope of this work Included the entrance and exit ramps. The design
of ramps for twe•way frontage roans differed from one-way. The
ramps for two-way frontage roads ruqquIred more right-of-way and
funds wore not avai1ablo to purcliaso tiro Add ltional right -of -way at
this time. The only safe ramps which could be built would be for
ono-way frontage roads. The Highway Department would have to have
titre frontage road design completed before the rehabilitation could
begin. The two-way service roads (rum U,S. 380 to U.S. 77 were not
being considered at the present time,
Council Member kiddlosperger asked if all of the frontage roads
north of Denton were one-way,
Mr, Byrd replied that riot all frontage roads were one-way aw; but
would be toward the and of the project.
;ouncil Member Riddlesperger asked if Die Highway Department would
delay the rehabilitation project until the frontage road issue was
resolved.
Mr. Byrd responded thar. was his understanding,
CounCII Member Stephens asked if other cities in the County had
passed ordinances to make, the frontage roads one-way.
Mr, Bryd responded that everyone but the City of Denton had passed
the ordinances.
t:ouncil Member Hopkins asked what was the time frame for the pro)ect.
err. Bryd replied that the plans for the renovation would be
completed and under contract In 1984 and the project would take 4 to
5 years to complote.
city of Denton city coghoil Xtrilltes
Moetlny of August lb, 1903
Page N1ne
nut Fool Otilawt lalni' datadha~l beenrpresentiedltruga;Aingtsafetyhiacturrt c
%Ir, J, U, Smallwood, resident of Greenwood l;states, stated than ne
aid not the frontage understand
road$ wort) two-waynmeupopolteldhadtanunlntarest InctI..s
area and the Council had approved development alon$ the so r+:ce
roads, hat, Smallwood stated that the Council had a rosponsibll.ty
to the citizens along theso frontage roads and that he would lt'ki to
see a variety of service road designs,
Mfr. Bryd responded that there were an abundance of ramp designs rut
onflaeoring standards change and it had been 30 years sincr he
existing ramps were built,
I;ouneil Mombor ilopkins asked when the extension to Loop :8b wain: ce
completed,
Mr, bryd roplied that the conttact for tho first section wouit be
tot in 1984 and the contract for the second sect Ioit from sitaraen
Drive to 111.55 would be let In 1985,
Council Member Riddlesperger asked if the ordinance dosignatini the
frontago roads as one - way would have to go into of foct until s:ter
the repairs were completed,
Mr, bryd responded that they could bocome effective during the '.;ter
part of the contract,
Council Xeiaber Kiddlesperger asked if the Council did riot commt: to
making the frontage roads one-way, did Mr, bryd know wlran the
repairs would be dono
?ir, Bryd replied that he did not know,
y, The Council considered approval of setting Septemh-:: s,
1985 and September 20, 1983 at 7;00 p,m, In the Council Chambi:s of
the Municipal Building as dates, times, end place for the .:,criic
hearings concerning the petition of Ssaith Brothers Ropin; f:r
oline xatloil. (2.1559)
Charlto Watkins, Senior :Tanner, reported that this was a volt,t:ary
annexation,
.ouncll Meaber Chow asked If all of the Smith Brothers i:;:ng
company property was to be annexed or only a portion,
Watkins responded that only a portion would be annexed,
Council 'dembet Chow asked if the main building was in the anuext-.;on,
Watkins responded that it was not; only tlic roping areal was
requested,
Counr,iI Ste in ber Chew sta1:ed that he would like to annex all :he
area,
00
Stephens notion, Chew second to approve Sep tomber o al Lion 1: led
in the Council Chambers fur the public hearings,
unanimously.
10, The Council considered approval of the final rep la t ots
1 and 2, block 1, T, N, Skiles Addition,
Da vId Ellison, Development Review Planner, reported that tht> as a
165 x 190 foot lot and the intent was to estblish two sopart nome
lots, All utilities were In place but the petitioners %ere
requesting a waiver for $5,000 of improvements to Sunset Urtvi The
Planning and 40ning Commission had recommended to wa;ri the
Imp rovensenIs to Sunset.
City of Denton City Council Minutes
Heating of August 16, 1983
Page Ton
Barton mot ton, llopklns second to approve the roplat with the
condttlons established by the Planning and Zoning Cowmisston,
Motion carried unanimously.
rho council considered approval of a maintenance contract
wio rns for the INS Payroll/Porsonnol System for the period July
1, 1485 to June So, 1984 in the amount of $11,850,00,
y Irs t in year Director
t h I sorconf t rae t Data had ccomeilg before the that il is The
t he f
maintenance had been included in the contract last year.
Council stember riopkins asked if this was something the staff could
do in-house,
Collins replied that this contract was for updates In the computer
software,
liopkins 'Lotion, Stephuns second to approve 0 contract, !lotion
carried unanimously,
It. The Council considered a rquest from Mr, Ben Pinnelt and
Mr, John it, King roe sanitary sewor service outside of the City
limits.
Bob NoIson, Director of Utilities, reported that this Item had been
tabled by the City CotncII oil Au ust 1. The area was in Denton
County and in the victalty of Hickory Creek, 'Cho residents of
Illckory Creek obJacted because they felt the proposed development
housing would be below standard. The developers have petitioned the
Texas Department of Is 'at or Resources for pormission to Install a
sewer package plant,
Council Member Hopkins stated that whether or not the City of Denton
approved the sewer lino, it would not stop the subdivision,
I'he Mayor Pro Tom of Illckory Creek responded that the area was
outside of the City of Denton service area,
C6nnctl Mearber Riddlespt)ryor stated that Denton could not :on( the
property.
'rho Mayor Pro Tom of Hickory Crook stated that the developers could
not subdivided to Illckory Creek's extra-territorial jurisdiction and
that Hickory Creek was trying to stop tilt) development,
Shirley Spellorberg, Mayor of Corinth, stated that she had re:elved
a letter from Denton and Ili ckory Creek and would work with Denton to
keep effluent out of Lake Lewisville,
Council Member Stephens asked if the developers were allowed to tie
into the Denton systems would that put Denton in the position of
furnishing sewerage for everything between Denton and Lake
Lewisville.
Nelson responded yes, but a package plant would be loss accdptahia.
Riddlesperger motion, Chew second to take the sewerage Into the City
of Denton system or, if the package plant was approved, to hare City
of Denton utility staff operate the plant, Motion carried
unanimously,
1,, The Council considered the request by the City of A rinth
to waive water contract provisions,
Bob Nelson, ulrector of Utilities, reported that this item had been
tanled at tite Auy;ust 2 council meeting, The City of Corinth was
wanting the City )f Denton to waive certain provisions of ne water
contract between the two cities, I'he laity of Corinth would install
a 14 Inch water line and the City of Uentou would waive the
City of Denton City Council Minutes
Meotlng of August 10, k981
page kileven
royision calling for storage faelilties until +lay of 1980 to Stve
lorinth time to secure financing for a system of their own, Denton
thIsdtImo,talKl.ittonlparainetorstwouldtbewostablIshedlfor CorIitthdurtng
Shirley 5pellerberg, Mayor of Corinth, stated thut a 1500 some
dovelopmeat was planned for Corinth which effectively would dawble
tIt etr present population. Due to pro pata disyutes, the dovelo,ers
might not proceed the financing for a Corinth water system
contlnuod to be a problem,
Bob Hogan, presidunt of hogan and Razor, stated that his firs had
been contracted for engineering services to the Clty of Corinth.
Corintn has a population of 1500 to 1700 people and had not
ovorlooked the provisions of tine water contract with Denton,
Financing would be sought through thu Toxas Department of Hitter
Resources. rho city would f i rst be Installing round sodmosaomrie and
then ovorhoad storage but the financing would Hogan stated that bonds would have to be sold,
Hopkins mot Ion, Barton second to recommend a 1000 gallon per atnute
flow rostrictur on the line and waive the conditions until MAI 1,
1980 If the 14 inch water line was Installed.
Council Member Stephens asked if the Council was re,uired by chartor
to receive a recommendation from the public Utility Board,
Counc11 Member Riddlesperger stated that the Council should dare a
consensus to Corinth to proceed or not,
Riddlesporgev motion, Barton second to call the question. Mot n to
call the question passed unanimously. !lotion to recommend a 1000
gallon per minute Flow restrictor on the line and waive the
conditions until May 1, 1980 if the 14 inch water line was installed
carried by a vote of 5 to 2 with Council Members Stephens and Chew
casting Lite nay votes.
14, The Council considered approval of the 1983 City of fienton
cortified tax roll,
City Manager Hartung reported that the tax roll had boon avatlAble
for review during the previous week,
Alford motion, Chew second to approve the 1981 City of :'enton
certified lax roll, Notion carried unanimously.
15 Apri I and T June City il of considered
Denton r supplemental tax roll,
darloil motion, Hopkins second to approve Cite adjustment, notion
carried 5 to 2 With Councll Membor Staphons and Mayor Stewart
casting the nay votes.
lo, 'There was no official action on Executive Session item.
17. No new items of business were suggested.
The Council then convened into tno hxocutive Session to :$cuss
legal matters, real estate, personnel and beard appointment!. No
official action was taken.
Wtth no further items of business to consider, the meets,:.: was
adjourned.
`T f CNrl7F IT"i5`STEIiAkT,~LAYf~R'____..
ti1RLU'fTl AI.Lti, , CiTI' SBCRBTARY
7U+llC
CITY COUNCIL AOENDA
BACK-UP SUMMARY SHEET
I
DATE OF MEETINGi September 6, 1983
COUNCIL, AGENDA ITEM a Consent agenda
SUBJECTi Bid # 9179 - 11 Ton Pickup
SUMMARYi This bid is for the purchase of a 1 ton pickup track to
be assigned to the Engineering Division, This up-it is
an addition to the motor pool fleet.
ACTION REQUIRED: Approval by Council.
SOURCE OF FUNDSi Funds for the purchase of this truck will be transfered
from 100-002-0010-8502, Engineering Division Special
Services to account number 100-002-0010-9104, E ; ineering
Division Vehicles and Equipment,
RECOMMENDATIONi We recommend this bid be awarded to the. lowest b,.ider,
Al McNatt Chevrolet in the amount of $8,032,00, ielivery
from stock,
EXHIBITt TaWlatio et.
SUBMITTED BYi
Tom D, Shaw, C,P,M,
Assistant Purchasing Agent
TDStlc
BID 9`tTLV 1983 is br Pickup _ I
it
OeENHO-Aijgtlfl~ 23, 1983 Bill Utter Al McNatt
I'o?:d, Itiic, Chevrolet
ACCOUNT 000-002-0010-8502
i
U -LTZ 1 I)ESCRIPTI O E DO _ VENDOR YRNpOR .-YKURQB VB W „ VF. R
l 1 Ton Pickup $89678,00 $8,032,00
Delivery Stock Stocky- - E
~i
Color Bright Blege Blue ii
i
i tL
ii
i
I
,
CITY COUNCIL. AGENDA
BACK-UP SUMMARY SHEET
DATE OF DIEETING: September 69 1983
COUNCIL, AGENDA ITEM lJ Consent Agenda
0178JECTi Bid 11 9181 Lane Markers
SUMMARY: This bid t3 for the purchase of lane markers to be
installed ')y the Traffic Control Division on city
streets.
ACTION REQUIREDi Approval by council,
SOURCE OF FUNDS: Account number 432-002-0010-9105, for $6,034,00 and
account number 100-002-0012-8302, for $825,00,
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder
of Saf-T-Mark Supply in the amount of $6,862.00, FOB
Denton, delivery in L5 days,
EXHIBITS: Tabp~pt4pn A~ae
SUBMITTED BY: 5 ' 1~1y✓
Tom D. Shaw, C.P.M.
Assistant Purchasing Agent
TDSilc
1~
011) N 9181
SID TITLE Lune Markers
OPENED Auguut 23, 1983
Roadrunner Ferro Saf. -T-Mark
ACCOUNT N
i
QTY
ITEM DESCRIPTION` F p4 _.t0!?QJL_. YKHO-R U no yENUOR VENDOR_,__
1, 21ti 3L~"{;rot~ii-4" cSl malkor~refl.ect 2,28/ea $2.32/ua. $2.05/ea. ~T
2, " crown-4" lane marker 460/ea, .59/ea, .44/ea,
6 AC>!1061 Epoxy (10 gal. Unite) $194.50 $274.00 $189.50
4. 100 P-18 plain crown 9,95/ea. $8.69/oa. $8.25/ea.
CITY COUNCIL AGENDA
BACK-Up SUKJARY SHEET
DATE 0? MEETINGt September 61 1983
COUNCIL AGENDA ITEM # Consent Agenda
SUBJECTi Bid 0 9L82 Radio Equipment
SUMMARY. This bid is for the purchase of several different pieces
of radio and paging equipment for the city Utility
Department. This equipment is to broaden and update _ur
present equipment, This bid was sent to several suppliers
and manufacturers, We received bids from two vendors with
one bidding an alternate, The delivery is 60 to 940 days
after receipt of order,
ACTION REQUIRM Approval by council.
SOURCE OF FUNDSt Budget account number 610-008-0252-9235, 6LO-008•-0,'53-9227,
and. 610-008-0252-9227, all in the Utility department.
RECOMMENDATION-. We recommend this bid be awarded to the low bidder meeting,
specification, Motorola Communications and Electronics,
for a total purchase of $7,345,50,
EXHIBITS-. 7nJSUBMITTED BYt Marshall, C,P,M,
Purchasing Agent
MM: le
lip # 9182
Kip TITLE Radio Eiqu:lpmeat
I
OYKNep August 25, 1!383 Motorola Kustom Ktistom
µ - Electronics Electronics ~f
ALTERNATE I;
ACCOUNT #
r _ ~1M § it o~_ Vowks VENDOR gmpoB ~ YFNDOR MpQg_ VENbOR _
l l Control (ansolo $2,710.00 $3043,00 $4o287.00
2. l Paging Dacodur $771,00 $360,00 ` $360,00
3. 1 2-Way mobil unit $1,190.00 N/8 N ti
r
4. 6 Receiver $445,75 N/B N/B
Delivery 60 days 60--90 days 60-90 days
FOB Denl:on Denton Denton
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHE8T
DATE OF MEETINGi September 6, 1983
COUNCIL AGENDA ITEM Consent agenda.
SUBJECTi Bid d 9183 Relay Test Set
SUMIL1Ryt This bid is for the purchase of a protective relay test
set for the Electric Metering & Substation division.
ACTION REQUIRED; Approval by council.
ALTERNATIVES; Reject all bids and not purchase at present or re-bid,
SOURCE OF FUNDS; Budget account number 610-008-0253-8332-E582.
RECOMME"Z ATION; We recommend this bid be awarded to the low bidder of
Multi-Amp Corporation for one test set at $7,395.00,
FOB Denton.
E`{HIBITSt Tabulation sheet.
SUBMITTED BY:
John J. Marshall, C.P.M.
Purchasing Agent
JJMt.Ic
i
tlTll 'CYT<.R Relay Teat Set Multl-Amp Doble DPI)Is
OPENED August 25, 1983~~ Altarnnte
ACCOUNT 0
ITktI bRSC~1PTlON S Kl JLWR -V-9NbOR llOR YENDOR V N OR _ VENtN `
I, 1 !'rotectivp Rulay 'lest Set $7,395.00 12,435,00 15,000,00
F08 Denton water Town, Water Town, -
Maine Maine _
belivery 7 clays 6 months 6 months
l
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i
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
GATE OF MEETING: September 6, 1983
COUNCIL AGENDA ITEM !I Consent Agenda
SUBJECT: Purchase order :159014 to TRAKS Service Company
SUMMARY., This purchase order is for the emergency repair and
recondition of our equipment number 7124, sewer flushing
truck. We recently purchased a new sewer flushing truck
and this is for the general reconditioning and repair of
the older sewer flushing truck. This way we can have
a back tap and not a week goes by that we need two trucks.
Invoice 001109 covers this complete reconditioning at a
cost of $7,258,29.
ACTION REQUIRED: Approval by council..
SOURCE OF FUNDS: Vehicle maintenance sublet repair account number
710-004-0598-8710.
RECOMMENDA'PION: We recommend this emergency repair purchase order be
approved for payment,
EXHIBITS: C purchase rder and invoice.
SUBMITTED BY:
'1565n J. Marshall, C,P,M.
Purchasing Agent
JJM:lc
_7 7.
1.R.A.KA SERVICE CG,
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^ 1 r - „nes :e•r ss m, :CU'a10 me or v f"c'.o herein descnnad on shoals. highwovs or TOTAL
t'sew!-e re nr 'pose o' 'c,ahT ,r r ,onr. n r q,press ~noc hankf Lon n yereby dd.howledged nn
,been :o <..,o •c ea,•trIrtr o 'harnrc TAX
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CITY OF 011 IN, PURCHASING DEPT, PUR"ASI ORWIR NUMUR ml 4
215 S, McKinney
Denton, Texas 76201
017!0040311 DIFW Metro 207402 6..2"3
V00004 No. TWO W.Q. 40,
mlylIIY Acct. NO.
710-004-0598»9710
ow
TI1h= Service Co.
1800 N. Peters Mad Tot CITY OF DENTON
Yrvingo Texas 75060 vehicle maitAt:.
901 T* WW
toa
SHOW P.O. NOON ALL SHIPMENTS, DELIVERY TICKETS, INVOICES ETC., $ENO INVOICES TO ACCOUNTS PAYABLE, THE CITY OF DENTON, TEXAS
IS EXEMPT FROM SALES TAX AS PER HOUSE BILL 020, THE CITY OF DENTON IS PROHIBfTED FROM PAYING F'OR MERCHANOISE BEFORE IT IS
RECEIVED. ALL SHIPMENTS MUST BE F.O.B.. CITY OF DENTON, TEXAS.
ITEM CITY STOCK NUMBER DESCRIPTION QUAN./UNIT PRICE AMOUNT
Rig 1 7124
Overhaul and reciondition smftr tl=hing truck as per
invoice 11 401109 Lot $7,258,29
Cbpt^r,4D1,n
LO 1, ~ rr c "ASS c ~
$7,258,29
Direct All Inquiries To:
CITY OF DENTON, PURCHASING DEPT. L p
John J, Marshall, C,P.M., Purchasing Agent c~~ W
Tom 0, Shaw, C.P.M., Asst, Purchasing Agent
CI'T'Y COUNCIL AGENDA
SACK-UP SUMMARY SHEET
Meeting Date: September 6, 1983
Subject: Approval of the preliminary plat of
Hickory Plains Subdivision
Summary: This tract is approximately 17.5 acres in
size and is located on the south side of
Hickory Creek Road in the extra territorial
jurisdiction (ETJ).
The proposed land use is single family
residential on 32 lots which average
approximately 18,000 square feet. The
residential dwellinggs will. probably be some
type of manufactured housing. The developer
intends to serve the subdivision with well
water, and septic systems will be used for
sewage disposal,
The internal streets will be constructed to
county standards and the developer has
agreed to dedicate a minimum of 50 feet of
right-of-way from the center line of Hickory
Creek Road.
Action Required: Approve the preliminary plat.
Alternatives; 1. Approve the preliminary plat
2. Table the i y plat
Recommendation: The Planning and Zoning Commission
recommends approval of the preliminary plat
of Hickory Plains Subdivision,
Exhibit; Reduced plat.
r es at ns
Senior Planner
CSW:lc
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CITY COUNCIL AGENDA
BACK-UP SUMMARY SNEL~T
Meeting Date, September 6, 1983
Subject: Approval of the preliminary plat of the
Ruddell. Street Addition
Summary: This i.s a U,tS69 acre parcel located adjacent
and east of Ruddell Street between Mingo
Road and University Drive. Tile property is
zoned multi-family (MF-1) and the proposed
land use is two duplex type structures on
lot 2 and one duplex structure on lot 1.
Adequate water, sewer, electrical, telephone
and gas service is in place and available
for extension to this site. A drainage
analysis was required before the engineering
department determined that cio drainage
improvements are necessary This plat was
processed in accordance with the new
subdivision regulations The preliminary
plat requires City Council approval but the
final plat only requires Planning and Zoning
Commission approval.
Action Required. Approve the preliminary plat of the Ruddell
Street Addition.
Recommendation: All technical requirements have been met.
The Planning and Zoning Commission
recommends approval of the preliminary plat
by a vote of 6-0.
Attachment: Reduced preliminary plat,
DVV1T Ellison t-
Deve.lopment. Review Planner
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'Afl LLIAM CRENIHAW SURVCY A134
L1YY 4 COUNTY or OCNTOH I 'r"A5
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2616 STADIUM DRIVE FORT woRni, TEXAS 76109 8171927.2838
STATRMENT
August 17, 1533
Mr. Jeff Meyer
Director of Planning
and Community Development
CITY OR DENTON, TEXAS
Municipal Building
Denton, Texas 76201
Contracts Human Resource Needs Assessment, April 19, 1983
Prior Billing Paid May 19, 1983 $ 495.00
Prior Billing Paid June 8, 1983 30960.00
Prior Billing Paid July 11, 1983 20475.00
Paid to date $6,930.00
Prior Billing Payment remains due 11485.00
Current Billing
Telephone, mail, and agency surveys complete,
computer data complete, final report delivered.
Percent of Completion 100% $90900.00
Less prior billing 85% 8 415.00
Current amount due 15% $1,485,00
Prior amount due 1,485.00
(Please disregard if prior payment is in process)
'rotal due $2,970.00
RECEIVED r ~
AC 6 i 1983
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
Meeting Date: September 6, 1983
Subject: This is a public hearing concerning the
proposed annexation of approximate y 150,5
acres of land beginning at the intersection
of FM 426 and blayhill Road, and extending
easterly 250 feet either side of the
centerline of FM 426 for a distance of
approximately 3,000 .feet, and includes a 104
acre tract on the north side of FM 426,
(Z-1590)
Summary; A mobile home park development has been
proposed on a 104 acre tract located on the
north side of FM 426 approximately 3,000
feet east of Mayhill Road. A 500 hoot wide
strip of land centered on FM 426 between the
existing city limit and the tract proposed
for development is included to meet
statutory requirements.
The Dr. Pepper distribution facility at
Mayhill and Fast McKinney Street its well as
a church and approximately three (3)
dwellings along East McKinney street are
land uses which are included in the proposed
annexation.
The proposed mobile home development meets
at least three of the four guidelines
contained in the city annexation policy for
determining when a development should be
considered for annexation:
1. Single family development over five
lots.
2. Any area where the density exceeds 500
units per square mile.
3. Any development that might have a
significant impact upon the city,
including but not limited to service
costs, increased traffic, utility needs
or utilization, safety or health
hazards.
CITY COUNCIL AGENDA
BACK;.-UP SUWARY SHEET
September 6, 1953
Page 2
City water and wastewater capaoity is
available to serve the area street
maintenance is not a major ~asue in that ti-.e
development will be on a fart to market
road, and interior streets vrill be private
if a mobile home k~ark is developed, The
solid waste division considers mobile home
parks to be the same as residential
customers and feels that the proposed
development will pay its own way.
Annexation of this property will. enable the
city to evaluate the proposed land use in
conjunction with the zoning process for
compatibility with the Mobile Home Park
Ordinance, surrounding land use and the land
use plan,
Action Required; Hold a public hearing.
Alternatives; 1, Take no action.
2. Reduce the size of the proposed
annexation.
3. Discontinue annexation proceedings.
Source of Funds: Departmental budgets to provide services,
Recommendation: The Planning and Community Development
Department recommends a proval of annexation
to control growth in this area. (The
Planning and Zoning Commiasion will make y
recomwendation concerning this annexation at
their next meeting.)
Exhibits: 1. Service Plan
2. Map
3. Reply form totals
4. Property owner list
.ar es . at ns
Senior Planner
CSw:lc
PLAN OF SERVICE FOR ANNEXED ARE61 CITY OF DENTON TEXAS
WHEREAS, Article Ma as amended requires that a plan of so rvice
be adapted by the governing body of a city prior to passage of an ordinance
annexing an area; and
WHEREAS, the City of Denton is contemplating annexation of an
area which is bounded as shown on a map of the proposed annexation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS;
Section 1, Pursuant to the provisions of Article 070a as
amended, Texas Code Annotated, there) is hereby adopted for the proposed
annexation area the following plan of service;
I, Basic Service Plan
A. Police
(1) Patrolling, radio responses to calls, and other
routine police services, using present personnel
and equipment, will be provided on the effective
date of annexation;
(2) Traffic signals, traffic signs, street markings,
and other traffic control devices will be installed
as the need therefore is established by appropriate
study and traffic standards,
B. Fire
(1) Fire protection by the present personnel and equip-
ment of the fire fighting force, will be provided
on the effective date of annexation.
C. Water
(1) Water for domestic, commercial and industrial use
will be provided at city rates, from existing city
lines on the effective date of annexation, and
thereafter from new lines as extended in accordance
with article 13,06 of appendix A of the code of the
City of Denton, Texas,
D. Sewer
(1) Properties in the annexed areas will be connected
to sewer lines in accordance with article 13.06 of
appendix A of the code of the City of Denton, Texas,
E. Refuse Collection
(1) The same regular refuse collection service now pro-
vided within the city will be extended to the
annexed area within one month after the effective
date of annexation,
Service Plan
Annexed Areae
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 annexation,
(3) Reconstruction and resurfacing of streets, installn-
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,
U, 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,
11, Planning and Zoning
(1) The Planning and Zoning jturisdicti.on of the city
will extend to the annexed area on the effective
date of annexation, City planning will thereafter
encompass the annexed area,
T, 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 fac.ilities parks, etc,,, on the eft _e
tive date of annexation, The same standards and
policies now used in the present city will be fol-
lowed in expanding the recreational program and
facilities in the enlarged city,
K, Electric Distribution
(1) The city recommends the use of City of Denton for
electric power,
Service Plan
Annexed Areas
Page three
G, Miscellaneous
(1) Street name signs where needed will be installed
within approximately a months after the effective
date of annexation.
II. Capital Improvement Program (CIP)
The CIP of the City consists of a five year plan that is up-
dated yearly, The Plan is prioritized by such policy guide-
lines as
(1) Demand for services as compared to other areas
based partly on density of population, magnitude
of problems compared to other areas, established
technical standards and professional studies, and
natural or technical restraints or opportunities,
(2) Impact on the balanced growth policy of the city,
(3) Impact on overall city economics.
The annexed area will be considered for CIP planning in the
upcoming CIP plan, which will be no longer than one year from
the date of annexation, in this new CIP planning year the
annexation area will be judged accordingly to the same
established criteria as all other areas of the city,
1. I~ill'i I 1
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PROPERTY OWNER REPLY FORMS
CITY COUNCIL
Z»1590
IN FAVOR IN OPPOSITION UNDECIDED
None Received None Received
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PLANNING AND ZONING COMMISSION RECO*JENDATION
TO THE CITY COUNCIL
To: City Council
Case No. Z-1595 Mo eting Date: September 6, 1983
GENERAL INFORMATION
Applicant: Daisy Punch
423 West Prairie
Denton, Texas 76201
Status of Applicant: Owner
Requested Action: Change in zoni g from two family (2F)
to the office ) classification
Purpose: . . . . . . . . .
Location- Southeast corner of West Prairie and
Carroll Boulevard
Sizo: Submitted field notes describe a
17,135.476 square foot tract. The
engineering department of the City of
Denton reports that a portion of the
described tract may have been purchases
for right-of-way purposes and is there-
fore public property that should not
be included in this request.
Existing Land Use: Single family residence
Surrounding Land Use
and Zoning: North - Two family, single family,
office; 2F, O
South - Two family, single family,
right-of-way, day care center;
2F, 5-16'2
East: - Two family, single family,
laundromat; 2F
West - Carroll Boulevard, multi-
family; 10-1
Denton Development Guide: Area is designated as high intensity.
Case No, z-1595
Page 2
SPECIAL INFORMATION
Transportation: Carroll Boulevard and an undetermined
amount of reserve right-of-way adjoins
this property to the west, West
Prairie is a narrow residential street
that provides immediate access to this
site. The engineering de artment feels
that the present. description of ':his
property includes land that then ity
acquired for Carroll Boulevard r jht-
of-way. Initially, the petitions and
representatives challenged staff' as-
sertion. After additional review of
past transactions and records, staff
still contends that some Carroll Blvd.
right-of-way has been included in the
field note description of this tract.
During the latest conversations, the
petitioners have indicated that they
are willing to purchase any excess
right-of-way that ma be available for
disposal. 1'he City ouncil typically
considers property dispositions in a
specific manner, No specific action
has been taken on this disposition
request.
This is not a request for planned
development zoning and no specifics
are known in terms of size of office
and plans for ingress-egress, An
office: presently exists across Wost
Prairie, north of this site, Vehicles
sometimes park on the street. Addi-
tional office or high intensity dove'
opment will complicate matters further
and dump additional commercial traffic:
on a residential street.
Parking: One space for each 300 square feet of
floor area is required for office (0)
development. A doctor's or medical
office requires one space for each 250
square feet of floor area. No plans
are available to evaluate the proposed
location of parking.
Case N04 4.1595
Page 3
SPECIAL INFORMATION (Continued)
Physical Characteristicsi Topographyy slopes upward slightly
towards ttte south, Vegetation con-
sists of trees and grass. A single
family residence is in place at the
site.
Public Facilities; Adequate electrical service is
available. The water and sewer
department has not commented on the
capabilities of water and sewer
service to serve the proposed site,
ANALYSIS
This site borders Carroll Boulevard and is located in a declin-
ing older neighborhood. An office use is located across the
street and this request for unrestricted office zoning exhibits
a lack of sensitivity to Development Guide policies encouraging
protection of adjacent and surrounding residential uses.
Although office development is a distinct possibility unre-
stricted office (U) zoning; permits other land uses. Some
examples are as follows;
1. Single family dwelling
2. Two famil dwellin
3. Multi-fain ly (lo-r se or hi-rise)
4. Private school or day care center
5. Nursing home or care for the aged
6. Office (to any legal height).
The amount of propertyy involved obviously has some bearing on
what can develop at this site, but the point is that failures to
require more site specific planning could result in a land use
that may in no way relate to reported plans for the site.
Protection of existing,, housing and older neighborhoods, and
encouragement of development where public facilities capacity
is available are two basic objectives of Denton's overall growth
framework. West Prairie Street does not provide major 6treet
access for unrestricted high intensity uses and continuous
approval of "piecemeal" upzoni.ng and redevelopment severely
threatens neighborhood stability. As reported time and time
again, older neighborhoods and existing housing stock are given
priority status in current long range community goals. When
Casa No. Z-1595
Page G
ANALYSIS (Continued)
zoning stability is not maintained in areas such as this there
is little incentive for proper maintenance of residential prop-
erties. To put it in more graphic terms) some individuals may
be fortunate enough to see their property sold and redeveloped
for high intensity or high density purposes, but the prospect of
every parcel being affected is slim at best. Those residences
and individuals that remain deserve protection. This proposal
provides zero protection.
The county's decision to acquire property along West Sycamore
for office and/or parking facilitios has created an aura of
uncertainty and speculative t:hinkinbbi. The office at the north-
east corner of Carroll and West PraJ.rie introduced additional
high intensity use to the neighborhood. Approval of this re-
quest will, in the estimation of staff, have additional negative
impact on an area that is already in danger. of totally losing
its once stable residential character. The amount of interest
in this request and a similar one being considered at the north-
west corner of Congress and Carroll is substantial.. Several
area property owners have commented that they too will seek
rezoning of their tract. Several local developers and realtors
have questioned staff about what they perceive as a shifting
i.-hangs in policy and a greater chance to introduce more office,
,retail and commercial.
SUMMARY
Approval of this request will allow additional commercial traf-
fic to flow through a residential, area and down a residential
street. The Carroll Boulevard and West prairie intersection
will also be impacted. This is a high intensity area, but
policies requiring preservation and protraction of existing anti
surrounding housing stock is being neglected and staff feels
that additional upzoning will have a severe negative impact on
neighborhood character and stability. High intensity land use
at this site will also diminish the strength of policies dis-
couraging strip commercial and uncontrolled high intensity
development along Carroll Boulevard.
Case No, 'd-1595
page 5
RECOMMENDATION
The Planning and Zoning Commission motion to recommend approval
of Z-1595 failed by a vote of 3-1, Staff strongly recommends
denial of 2-1595.
ALTERNATIVES
i. Approve petition,
2, Deny petition,
3, Negotiate with developer. And seek Planned Development zoning,
ATTACHMENT
1. Aerial
2, Reply forms total
3, Property owners list
4. Minutes of Planning and Zoning Commission meeting
of August 10, 1983
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PROPERTY OWNER REPLY FORTIS
CI'T'Y COUNCIL
Z»1595
IN FAVOR IN OPPOSITION UNDECIDED
Tom Jester None Received None Received
P. 0, Box 280
Penton, Texas
387-7585
Horace M, Cote
1108 Kings Rota
Denton, Texas 76201
Joe Below
Box 11.83
Denton, Texas
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August 10, 1983
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF DENTON, TEXAS;
that the sincere and warm appreciation felt by the citizens
and officers of the City of Denton for Ms. Mays shall cause
this Resolution to be formally transcribed into the official
minutes of the Planning and Zoning Commission of the Cityy of
Denton, Texas, dedicated to the appreciation of Marilyn hIays.
PASSED AND APPROVED this the 10th day of August, 1983.
Ms. Cole made a motion to approve the resolution. Seconded by Mr.
Claiborne and unanimously approved. (Members not present at this
time indicate approval by signing the resolution at a later date.)
III. Public Hearings
A. ~yr4"195. This is the petition of Daisy Punch requesting'
a c ange in zoning from two family (2F) to the office
(0) classification at 423 West Prairie. The property is
located at the southeast corner of West Prairie and
(UNAPPROVED) Carroll Boulevard.
Mr. Ellison explained request and stated that sixteen
notices were mailed to property owners; nine were
returned in favor, no reply forms were received in
opposition. lie said the field note discreppancies were
not fully resolved at this time as the right-of-way
property adjacent to the subject property is the problem.
At this time the Chairman clarified there must be four
votes in favor of petition to pass on to the City
Council as positive, as there are only four commission
members present at the hearing of this case. (3-1
negative to Council; 4.0 positive to Council)
Dale Irwin, speaking in favor of the zoning change, also
as a property owner across the street from the subject
property and as an interested purchaser of the property,
presented a sketch of the proposed building and
explained there would be a curb cut on Prairie and not
necessary to be on Carroll. Neighbors in the area had
been canvassed, sixteen letters were mailed, eleven
property owners were contacted and all were in favor of
office zoning as best use for the area and signed a
petition, none were opposed. He feels an office (0)
zoning would be an asset in the standpoint of tax
revenues.
P & Z Minutes
Augtlst 10, 1983
Page 3
east wtofch
be approximately a one n bltockarea
lr determined question
was
subject property.
Mr. Claiborne questioned why the potition was for an
office rather than a planned development (PD)?
Mr. Irwin said he does not want planned development as
it is to restrictive for a single office building and
doesn't understand the city desiring planned development
(PD) on any development of this kind.
Ms. Alice Alexander stated she was speaking for the
family, for the Estate of Fred Moore, she said the 40
foot strip of land belonging to the city which there has
been a controversy over would gladly be purchased by the
family to settle problems.
No one spoke in opposition to the request.
Mr. Ellison stated that the staff was appreciative of
the cooperation and understanding of Ms. Alexander in
dealing with the problems of land ownership.
He explained that the request does not go along with the
Denton Development Guide for an office (0) zon rig at
this location. He mentioned the sale of the strip of
property is a separate question as is the access off of
Carroll. lie pointed out that staff has observed parking
problems on the residential street and also circulation
problems oxist at this time and new office zoning would
cause additional problems. Also office zoning leaves
property open to allowing several different operations.
Basically a residential area, therefore staff strongly
recommends denial of Z-1595.
Mr. Pearson asked if this is a declining neighborhood?
Mr. Ellison responded saying the county is in the
process of some changes in the area and generally the
property owners don't have the economic incentive to
upkeep the property.
On question, Mr. Ellison responded it would go against
the Denton Development Guide policies to re-zone entire
neighborhood.
Mr, Watkins presented a report with statistics showing
this is a declining negihborhood; however, staff is
preparing a grant application with the Texas Community
Development Program and is concerned about this area.
P Z Minutes
August 10, 1983
Page 4
Mr. Irwin offered a rebuttal stating that the 75 foot
lot frontage would be no problem to build on, as his own
lot across the street on the north side is only a 60
foot lot with an office and also does not feel that
anyone would purchase this property for duplex
development.
Chairman declared public hearing closed.
Mr. LaForte commented that the city would probably sell
the strip of land on Carroll Boulevard which is adjacent
to the subject property.
Ms. Cole made the comment that she is familiar with this
area and she would not want to own a home in this
neighborhood as she feels it is an older declining area.
Ms. Cole moved to recommend approval of Z-1595
Seconded by Mr. LaForte. Vote was called; Aye -
Claiborne, Cole and LaForte Nay - Pearson (3-1)
B. Z-1598. This is the petition of Richard R. Compton
requesting a change in zoning from agricultural (A) to
the planned development (PD) classification on an 11.53
acre tract located along the north side of Robinson Road
beginning approximately .4 mile east of the :intersection
of Robinson Road and FM 1830 (Teasleyy Lane). if
,approved, the planned development (P b) would permit the
following land uses;
Du lexes - on 6.77 acres
4-plexes - on 1.92 acres
Recreation - on .42 acre
Street right-of-way - 2.42 acres
Mr. Ellison explained the request stating that eight
notices were mailed to property owners; one reply form
was received in favor, no reply Torras were received in
opposition.
Bob Crouch speaking for, the petitioner, stated the
petitioner had received a Planned Development (PD)
zoning for the 6.3 acres to the south of the subject
property in June. This is an 11.53 acre tract adjacent
to the 6.3 acreage.
No one spoke in opposition.
PLANNING AND ZONINi~ COIMYISSION COUNCILRECOM"NDATION
To: City Council
Case Nos. Z-1597 and S-171 Meeting Date: September 6, 1983
GENERAL INFORMATION
Applicant: City of Denton
Status of Applicant: Owner
Requested Action: Change of zoning from agricultural (A)
to the light industrial ( )
cation (2-1597)
Approval of a specific use permit for
a sanitary landfill (S-171)
Purpose: To zone the property in accordance
with the proposed land use and to
expedite the permitting process
Size: 36.082 acres
Location: South side of roster Road
Surrounding Land Use
and Goring: North - 10 single family houses owned
by City of Denton, vacant
tract, sewer plant; A
Easth - VVacant land outside acant land outside city limit
West - Approximately 6 houses on
south side of roster Road
outside city limit
Denton Development Guide: Low intensity area - restricted resi-
dential.
Z-1597 and 5.171
Page 2
SPECIAL INFORMATION
Transportation: Access to the site of the proposed
landfill is currently available on
Foster. Road, however, the city plans
to build a new road from the road
serving the sewer plant to the land-
fill to reduce the number of houses
solid waste trucks must drive by to
gain access to the site.
Water and Sewer: 'there is no water or sewer service for
this area at present, however a sewer
line is proposed in the Utility Capita
Improvement Plan to serve the landfill
site.
ANALYSIS
The state Health Department typically requires a two-part public
hearing for sanitary landfill permits; one part is for technical
considerations and the other part is for land use considerations.
If the city zones the land for use as a sanitary landfill the
Health Department does not have to hold the land use part of the
public hearing. The new landfill is needed beCauBe the existing
sanitary landfill is being closed because it is full. The city
has been looking for a new site since 1975, this one meets the
technical. requirements in that it is out of the 100 year flood
plain and has a layer of clay underneath the top soil.
There is relatively sparse urban development around the site
the land to the north, northeast, and east is owned by the City
of Denton and there is a hill to the northeast which acts as a
visual screen from the more densely populated area on Mayhill
Road. The property to the south of the site is in the flood
plain thus limiting the possibility of urban development on the
south side of the tract. The site is financially feasible for
the city and is i.n an efficient location.
Runoff from the landfill will be collected and pumped back to
the landfill and will not be allowed to flow into the creek
A complete fence will be built around the 0.te.
Z-1597 and S-171
Page 3
RECOMMENDATION
The Planning and Zoning Commission recommends approval of Z-1597
and S-171 by a vote of 5-0, f
ALTERNATIVES
1. Approve petition,
2. Deny petition.
ATTACHMENTS -
r -
1. Aerial 0
2. Reply forms total
3. Property owners list
4, Minutes of the Planning and Zoning Commission meeting
of August 10, 1983
u♦
lot-
00
pan%
' f • 1. ~ 4 + ANN' _
K
It
'J
-R -
I
PROPERTY OWNER REPLY FORMS
CITY COUNCIL
Z-1597 & S-171
IN FAVOR IN OPPOSITION UNDECIDED
None Received None Received
1
T ~ t ~ ~I '1 rr
6d&~ LA,
7..~
TI,of 4}r,,le„
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t'4
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add II sit
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'V
P Z Minutes
August 10, 1983
Page 7
Chairman closed public hearing.
14r, Juren inquired about the curb out needing to be 45
feet from what point of intersection.
Mr. Clark responded the curb cut should be approximately
40 feet from the center of the intersection of Congress
and Carroll Boulevard.
Mr. Juren made a comment that this could set a president
and cause an eventual downfall for the rest of Carroll
Boulevard.
Mr. Claiborne moved to recommend denial of Z-1595• Ms.
Cole seconded the motion. Vote was called Aye -
Claiborne, Cole and LaForte Nay - Juren and Pearson.
(3-2) Motion failed.
Mr. Pearson moved to recommend approval of Z-1595.
and Seconded
Pearson Mr. Nay UYeClaiborne,,aColeland LaForte,Ju(2-3)
Motion failed.
D. Z-1597 any' S-171. This is the petition of the City of
enton req,!es ng a change in zoning from agricultural
(A) to the sight industrial (LI) classification, and
approval of specific use permit for a sanitary
land-fill, on ct tract of land containing 36.082 acres
located east of '•layhill Road along the south side of
(UNAPPROVED) Foster Road (also known as Edwards Road).
Mr. Watkins explained there were three (3) reply forms
mailed to the property owners within 200 feet of the
subject proppertyi~nidnno reply for ms were returned. Part
of the prop y the city lts.
Bill Angelo, representing the Sanitation Department for
the City of Denton stated he does support the change of
zoning, closing of the old landfill is scheduled for
January 30th, 1984 as required by the Health
Department. New location is needed now. Lewisville
would be closest landfill to haul to but would be very
costly.
Mr. Juren asked what the life expectancy of this
landfill would be and how long had the existing one been
in operation.
p Z Minutes
August 10, 1983
Page 8
Mr, Angelo stated 28 years life expectancy on the new
location and the present one was opened in the late 60's
modificationsdmadeytnlbewacceptableitodthetHealthral
Department,
No one spoke in opposition to the request.
Mr. Watkins showed map outlining the present sewer plant
with road to the proposed landfill and the new proposed
access rdar,letestated tis chnically, andastaff Is
recommends site
far,
located so
approval.
Mr. Claiborne questioned the access, would it be from
McKinney to Mayhill?
Mr, Angelo explained that the landfill would also e use
by Little Elm, Pilot Point and Aubrey and the truck
traffic can be regulated, limited only to the public
using different routes. The truck route would be set up
to go past the least number of residences in the area,
Chairman announced public hearing closed.
Ms. Cole moved to recommend approval of Z-1597 and
S-171. Mr. Claiborne seconded and unanimously carried.
(`i-0)
E. Z-1600 and S-173. This is the petition of the City of
enton reques ng a change in zoning from agricultural
(A) to the light industrial (LI) classification, and
p
approval plant, of a specific
ximatelumacresrbea sewer ginningteastmoft
p > approximately 235.96
Mayhill Road and including property located north and
south and east of Foster Road (also called Edwards Road).
Mr. Ellison reported there were 14 notices mailed to
property owners and none were returned.
David' Ham, Assistant Director of Utilities, stated that
the present sewer plant has an addition already and i,
in need of more additions requiring mor- land
d
change in zoning from agricultural (A) to the light
industrial (I,l.) classification on acquired property to
add the Equalization Basins (for holding during flooding
conditions as some of land is in flood plait; area);
Holding Basin; irrigation tank, all re~u,.red to update
the sewer operations. Additional acreage is also needed
for sludge injection area.
Ib44
NU.
AN ORDINANCE AMENDING THE ZONING MAP )F THETCITY OFOFENTON,
TEXAS, AS SA?IB ii AS ADOPTED A$ AN A?PENDIX
NANCES OF THE CITY OF DENTON, TEXAS, Bl' ORDINANCE N'O. 69•l, AND
AS SAID yIAP APPLIES TO APPROXI?IATBLY 36.)82 ACRES OF LAND OUT OF
, NTON COUNTY, TBXA$;
THII G. FALXBR SUKVBY ABSTRACT NO. 1330 DE
AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARINJ AN 15PFFC•
T 11't; DATE?.
THE COUNCIL OF THE CITY OF UENTON, TEXAS, HEREBY ORDAINS
iEC'i IO+N I .
The Zoning Classification and Use designation of the follow-
ing described property, to-wit:
Being part of that certain tract or parcel of land situated in
the G. Walker Surrey, Abstract No. 1330, Denton County, Texas,
being part of that certain 81.o2 acre first tract and part of
that certain 4'.5 acre second tract in a oeed Pion: I. E, Edwards,
et ux to E, I, Edwards on Jul), 25, 1945, recorded n Volume 310,
Page 563, plus part of a 15 acre tract deeded by A. A, Durham, et
ux to W. A. Edwards on April 11, 1980, reeoroed in Volume .5,
;gaga 38, Ueed Records of said County, and being more fully
described as follows;
• COMMENCING at the fence corner of the southeast corner of said
$:,02 acre tract on the east line of the 213 acre Lot 0 of John
feet onorthuof ithte isoutheasttcorner of e saiduLcty bat a point 1594,3
l"titNCE north 87011136" west with a fence 2405.17 feet to an axle;
THENCE north 1041108" east along and near a fence 541,96 feet to
a ionce corner;
THENCE north 87037154" west with a fence and a crossing the west
line of said Z19 acre tract at the southeast corner of said 1S
acre tract 373,31 feet to the point of beginning;
said 42,5 acreh tract~orner
of 15 Eacres nanolothe southeast 457.71 feet to th
THENCE north 88°15'45" west fence with a 762.29 feet to a fence
corner at the southeast corner of a 4,U01 acre tract;
THES1 north 10091 ZO" east with a fence IU$S,17 feet to a steel
pin;
THENCE south 13`00'30" east with a fence 1143,66 feet to a fence
corner;
THENCE north 1°31'31" east with a fence 117.24 feet to a fence
corner;
THENCE <outh '44U3'ol'1 east with a £enee and crossing the east
line of Said 15 acrl tract whicii is the west line of a 119 acre
tract 3U3 it feet to a corner;
i':1LN", 50',1:x', ^eSt JL`b. 1 fret tJ 3 c0 r!1-,r1
THhNCb south 28 W OU" west $85.11 feet to the point of beginning
anc containing 1,511,729 square feet or 56.082 acres of land,
,,ore or less.
is horeby changed from Agricultural "A" District Classification
Use to Light Industrial "Lill District Classification and Use
under the Comprehensive Zoning Ordinance of the City of Denton,
Texas.
The Zoning Map of the City of Denton, Texas, adopted the 14th
day of January, 1969, as an Appendix to the Code of Ordinances of
the City of Denton, Texas, under Ordinanco No, 69.1, be, and the
same Is hereby amended t) show such change in District Classiii-
cation and Use.
SECTION 11
.
That the City Council of the City of Denton, Texas, hereby
finds that such change is in accordance with a comprehensive plan
for the purpose of promoting the general welfare of the City of
Denton, Texas, and with reasonable consideration, among other
things for the character of the district and for its peculiar
suitability or particular uses, and with a view to conserving the
value of the buildings, protecting human lives, and encouraging
the most appropriate uses of land for the maximum benefit to the
City of Denton. Texas, and Its citizens.
SECTiUN Ell.
That this ordinance shall be in full force and effect
immediately after its ppassage and approval, the required public
hearings having heretofore oeon held by the Planning and Zoning
Commission and the City Council of 'the City of Denton, Texas,
after giving due notice thereof.
PASSED AND APPROVED this the _ day of 1935.
a r 1t
KLCWI) 0.
CITY OF DENTON, TEXAS
ATTEST;
L Tx v t L CD 3-T1,-rtt'TA-9'
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLUR, JR., CITY ATTORNEY
c M OF DENTON, TEXAS 1
l
-1>Y' CHI OF Jt) lO,N - PAuL I (i
494L
Nu.
AN ORDINANCE GRru\TING A SPECIFIC USE PERMIT AND AMENDING THE
ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS
AN APPENDIX TO THE CODE OF ORDiNANCE5 OF THE CITY OF DE,NTON,
TEXAS, bY ORDINANCE NO, 69.1, AND AS SAID MAP APPLIES TO
APPROXIMATELY 3b,082 ACRES OF LAND IN THE CITY AND COUNTY OP
DENTON, TEXAS; ANU DECLARING AN EFFECTIV6 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;
Being part of that certain tract or parcel of land situated in
the G. Walker Survey, Abstract No. 1330, Denton County, Texas,
being pact of that curtain 82.62 acre first tract and part of
that certain 4Z.5 acre second tract in a deed from 1. 6, Edwards,
at ux to E. 1. Edwards on July 2S, 1945, recorded in Volume 316,
Page 368, plus part of a IS acre tract deeded by A. R, Durham, et
ux to 'ti. A. Edwards on April 11, 1980, recorded in Voluns AS,
Page 38, Deed Records of said County, and being more fully
described as follows;
COnME NCIN'G at the fence corner of the southeast corner of said
92.62 acre tract on the east line of the Z19 acts Lot 6 of john
R. Henry Subdivision of said G, Balker Survey at a point 1593,4
feet north of the southeast corner of said Lot 6;
THENCE north S7011136" west witn a fence 2405.17 feet to an axle;
THENCE north 1041108" east along and near a fence 541.96 feet to
a fence corner;
THENCE north 87931154" west with a fence and a Crossing the west
line of said 119 acre tract at the southeast corner of said 1S
acre tract 373.31 foet to the point of beginning;
THENCE north 871371S4" west 457.71 feet to the southwest corner
of 1S acres and the southeast corner of said 42.5 acre tract;
1'HEN'CE north 38115'45" west fence with a '91..29 feet to a tense
corner at the southeast corner of a 4.001 acre tract;
'T'HEN'CE north 1109'20" east with a fence 1058.77 tout to a steel
pin;
THENCE south 86400'30" east with a fence 1143.6t, feet to a fence
corner;
THENCE north 1031'41" east with a fence 127.24 feet to a fence
corner;
THEiNCr soutn 74'O S'U1" east with a CenCe and crossing the east
line of said 15 acre tract which is the host line of a 219 acre
tract 403.19 feet to a corner;
d C 0 r n<ri
.~i E'%~L $CUth •~10u grist 5b7. 1 ...:t t0
~'I?.-CI~1 sir Jb.\T';\
TtiBkCE south 28°56'00" west $85,11 feet to the ppoint of beginning
and containing IIS71,1t9 square feet or 56.08t acres of land,
more or less,
which is classified as Light Industrial 'ILI" District Classifi.
cation Use under the Comprehensive Zoning Ordinance of the City
hereby Dento, anted asfor the hereby use changed and dpropertyf specific municipal
sanitary landfill.
The zoning Map of the City of Denton, Texas, adopted Lhe loth
day of January, 1969, as an Appendix to the Code of Oroinances of
strict
amended uto er show such \ changel, ine) Diand the
the same Ciis of herreby Denton,
Classification and Use.
SECTION 11.
That the City Council of the City of Uenton, Texas hereby
finds that such change is in accordance with a comprehensive plan
for the purpose of promoting the general welfare of the City of
Denton, Texas, and with reasonable consideration, among other
things for the character of the district and for its peculiar
suitability or particular rOLectiand with ng humans liivesI oandnencouraging
the most appropriate tngusespof land for the maximum benefit to the
City of Denton, Texas, and its citizens,
SECTION Ili.
That this ordinance shall be in full force and effect
immediately after its passage and approval, the required ?ublic
hearings having heretofore been held by the Planning and Zoning
Commission and the City Council of the City of Denton, Texas,
after giving due notice thereof.
PASSED AND APPROVED this thn day of 1951'
R L p k , MA-Y G.
CITY OF DENTON, TEXAS
A116 ST
MY OF DENTON, TEXAS
APPROVED AS 1'0 LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CI'rl' OF DENTON, T'Ex.4S
BY 711f,
5-111•C1i'i OF Ur\TJN
.51
PLANNING AND ZONING COMMISSION
Recommendation to the City Council
To,. .Denton City Council
Case No. Z-1598 Meeting Date.' September 6, 1983
GENERAL INFORMATION
Applicant: Richard Compton
P, 0, Box 238
Denton, Texas 76201
Status of Applicant; Financial Interest
Requested Action.' Change in zoning from agricultural (A)
to the planned development (PD) class-
ification
Purpose: Development of appropriate zoning for
the following land uses.'
Duplexes - oil 6,77 acres
Fourplexes - on 1.92 acres
Recreation - on 0.42 acres
Right-of-way - on 2.42 acres
Location and Size: 11.53 acres adjacent and north of
Robinson Road and adjacent and east
of Lakewood Estates Mobile Home Park
Existing Land Use: Vacant
Surrounding Land Use
and Zoning: North - Agricultural, vacant; A
South - Robinson Road, single family,
agricultural; ETJ
East - Vacant, agricultural, single
family; PD-54 for duplex,
4-plea and general retail use,
A
West - Lakewood Estates, F.M. 2181;
5-166, A
Denton Development Guide: Area is designated as low intensity.
Case No, Z-1598
Page 2
SPECIAL INFOIthIATIUN
't'ransportation: Robinson Road remains a responsibility
of Denton County because it was not
included in the recent annexation of
this tract, Lakewood Estates, and sur-
rounding properties. Robinson Rc..d
functions as a major street, but its
condition is obviously less than
adequate. Construction of Lakewood
Estates is creating additional main-
tenance problems and staff is unaware
of specific improvement plans on the
part of the county. There is evidence
of some periodic county maintenance.
Standard residential streets are pro-
posed internally (50' right-o£-way
width - 311-34' pavement sgidth),
Internal streets should form logical
links with streets in previously ap-
proved 6,264 acre planned development
located adjacent and east of this
tract
Public Utilities: Electrical, water and sewer, gs,
telephone and cable T.V. ser4cae is
available for extension to this site.
ANALYSIS
This site is located in a low intensity area. The amount of
density and intensity proposed is not considered prohibitive
given the amount of undeveloped property in the area The ro-
posal provides logical and compatible transition from the 4~0
unit Lakewood Estates Mobile Home park to the west and an
already approved Planned Development for duplexes, 4-plexes and
general retail use to the east, As stated previously, staff is
primarily concerned with the condition of Robinson Road. Unless
the county reports differently before. City Council consideration
of this request, no immediate improvements are planned for
Robinson Road.
Casa No, 2-1598
Page 3
ANALYSTS (Continued)
't'ypical lot size for the duplex uses is 60' x 92' (5,520 square
feet), The zoning ordinance requires a minimum 60' x 100' lot
for duplex development; however, this, and other development
standards, can be varied through Planned Development zoning.
Typical lot size for the proposed 4-plox lots is 105' x 147';
the zoning ordinance only requires 60' x 100' lots for multi-
family development. A total of 45 duplex units and five 4-plex
units is proposed. An 0.42 acre recreation area is proposed.
Setbacks and parking meet normal zoning ordinance standards.
RECOMMENDATION
The Planning and Coning Commission recommends aoproval of 'Z-1598
with the following conditions by a vote of 4-Oc
1. Density of development shall not exceed level shown on
approved PD concept plan.
2. Physical design and dimensions of lots shall conform with
approved PD concept plan.
3. Final internal streot alignmout shall be determined during
platting stage; staff shall have the authority to revise
plans for streets if needed for future plannin purposes or
to provide logical link. with adjacent subdivisions.
4. The property shall be platted in accordance with City of
Denton regulations for subdivisions and laud development.
ALTERNATIVES
1. Approve Planned Development with conditions.
2. Approve Planned Development without conditions.
3. Approve Planned Development with additional conditions.
4. Deny petition.
ATTACHMENTS
1. Aerial
2. PD Concept Plan
3. Reply form total
4. Property owner list
5. Planning and Zoning Minutes of August 10, 1983.
Lk
PD. 210
f i
1 2
Z-1598
V
1
1
PO-54
I 1
SF•f~SF. ip l'r' i•l1 Si l i'WEi.LltlG ni5
i LSfAl F•iJ ONE -''AMILY DWELLING DI:
1 5 ,O ^,K.10 ONE F4MILY DWELLING DI:
L.._.._
- LF_7j SF• 7 ONE -FAMILY DWELLING DI:
L 2F.~ 2F TWO -FAMILY DWEL.i.1NG DI:
MF I MF•I MULTI FAMILY OWCLLING C
r10NS. IMF•2 MF•2 MULTIFAMILY DWELLING C
'GINEER, . _N r~r•R Ni rl F, . r~ icT
i P P PARKING DISTRICT
VINTON ACAIAOF
,tlyl ul lam.
H f •l` pelt
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f 1111 ~4 SITE _
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,Ieeuleuu u '
VIA
i
1111111..111.11.11...1..111111111111111.1111.1111111111111111111111111111111111111111111111111111111111
DELI
YiCINITY MAP 4PLK
1 1
4 P I
r S
PLANNED DFYEL00MENT 111.1
PROJECT DATA `W
1!
LAND USE SYMBOL AREA OPLL
OUPLEK WALK 671 AC. REt
LAKF600D ESTATES
4-PL2P A-PLX 1.02 AC, i
MOBILE HOW DARK u -t \ II'u
0.fCKA110H NBC 0.42 AC
ST0.££T PIONT-OF-WA) ' R-O-W 2.42 AC.
A-O-W } t
11.60 AC, r---- E
I
1
DUPLEX 46 UNITE A
01% %01 Id140'I1 ~
PIK La1 AAd 1.111 le 11,
4-01.fx 6 UNITS _bPlx-~
YII let euu 161 1 W
Yu 101 441, 11111 111 01,
Off-BT. PA0.KIN0
❑looule ue u01m1A
bUPLEKE6, 42%2=64 SPAO 0 TEASLFV 111•
4-PL£xES 6KIM40 SPACES
TOTAL: 104 SPACES f 2'600_
NOWLIN RD
230 so At It.. 11.41 ROBINSON A:
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PROPERTY OWNER REPLY FORMS
CITY COUNCIL
21.598
IN FAVOR IN OPPOSITION UNDECIDED
Richard Comnton None Received None Received
P, 0, Box 233
Denton, Texas 76202
388-3854
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August 10, 1983
Page 4
Mr. Irwin offered a rebuttal stating that tho 75 foot
lot frontage would be no problem to build on, as his own
lot across the street on the north side is only a 60
foot lot with an office and also does not feel that
anyone would purchase this property for duplex
development.
Chairman declared public hearing closed.
Mr. LaForte commented that the city would probably sell
the strip of land on Carroll Boulevard which is adjacent
to the subject property.
lts. Cole made the comment that she is familiar with this
area and she would not want to own a home in this
neighborhood as she feels it is an older declining area.
Ms. Cole moved to recommend approval of Z-1595
Seconded by Mr. LaForte. Vote was called; Aye -
Claiborne, Cole and LaForte Ne y - Pearson (3-1)
B. 7._1,598. This is the petition of Richard R. Compton
requesting a change in zoning from agricultural (A) to
the planned development (PD) classification on an 11,53
acre tract located along the north side of Robinson Road
(UNAPPROVED) beginning approximately .4 mile east of the inte-rsection
of Robinson Road and FM 1830 (Teasley Lane). If
approved, the planned development (Pb) would permit the
following land uses;
Duplexes - on 6.77 acres
4--plexes - on 1.92 acres
Recreation - On .42 acre
Street right-of-way - 2.42 acres
Mr. Ellison explained the request stating that eight
notices were, mailed to property owners; one reply form
was received in favor, no reply f:orros were received in
opposition.
Bob Crouch speaking for the petitioner, stated the
petitioner had received a Planned Development. (PD)
zoning; for the 6.3 acres to the south of the subject
property in June. This is an 11.53 acre tract adjacent
to the 6,3 acreage.
No one spoke in opposition.
P & Minutes
August 10, 1983
Page 5
Mr, 41lison stated this is a low intensity area and
there is availability of public utilities, Robinson
Roads condition is less than adequate, there is some
evidence of periodic count yy maintenance. Land use is
logical for duplex and 4-plex development. Staff
recommends approval of x-1598.
There was some discussion as to location of Loop 288,
the southern Extension.
Mr. LaForte asked about street access. Mr, Crouch
stated the request was for a planned development because
of the desire of the developer to work with the staff
with regard to the street access.
Chairman declared public hearing closed.
Mr. Claiborne moved to recommend approval of Z-1593 with
the iollowin conditions:
1) Density of development shall not exceed level
shown on approved PD concept plan,
2) Physical design and dimensions of lots shall
conform with approved PD concept plan.
3) Final, internal street alignment shall be
determined during platting stage; staff shall have
the authority to revise plans for streets if needed
for future planning purposes or to provide logical
link with adjacent subdivisions.
4) The property shall be platted in accordance with
City of Denton regulations for subdivisions and land
development,
L Seconded by Mr. Pearson and unanimously carried. (4-0)
Mr. Juren arrived at the meeting,
C. 2.1599, This is the petition of Millie Johnson
requesting a change in zoning from two family (2F) to
the planned development (PD) classification on a lot
approximately 69' x 155' in size located at the north-
west corner of Carroll Boulevard and Congress Street.
if approved, the planned development (PD) would permit
the construction of a 1,628 square foot office building.
The property is more particularly described as lots 1
and 2, block 5, Carroll Park Addition,
Mr. Ellison explained request, stated there W(~ re twenty
reply forms mailed to property owners within 200 feet of
the subject property nine reply forms were rec:ieved in
favor and none were received in opposition.
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DRNTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF
ORDINANCES OF THE CITY OF DBOTON, TEXAS, BY ORDINANCE 40 69.1,
AND AS SAID MP APPLIES TO APPROXIMATELY 11,53 ACRES OF LAND
OUT OF THE S. HEMBRIE SURVEY, ABSTRACT NO, 643, DEN'TON COUNT)
TEXAS; AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN
EFFECTIVE DA'L'E,
THE COUNCIL. UP THE CITY OF DENTON, TEXAS, HEREBY ORDAINS;
SECTION 1,
The toning Classification and Use designation of the follow-
ing described property, to-wit:
All that certain tract or parcel of land situatod In the S.
Hembrie Survey, Abstract No, 643, Denton County, Texas, being a
part of a [called) 30.50 acre tract described in a deed from J,
imbrough to J, P. Johnson on the 11th day of May, 19.1%4 and
recorded in Volume $92, Page 630, Deed Records of said County
and baina more fully described as follows;
COMMENCING at the southwesr. corner of said 30,50 acre tract on
the south line of said survey in a road;
THENCE north a distance of 40,75 feet to a 6 inch steel corner
post for point of beginning;
THENCE north along ana near a fence a distance of 1123,15 feet
to an iron pin in a fence lino;
THENCE north 84312107" east along and near said fence a distance
of 425,42 feet to an iron pin;
THENCE south 00012'18" east leaving said fence a distance of
8115,15 feet to an iron pin;
THENCE south 88053109" east a distance of 189.60 feet to an iron
pin;
'TN1„VCE south 00013156" west a distance of 59<.P.46 feet to an iron
pin in an east-west fence;
THENCE north 33049'46" west along and nf.r a fence and along
north right-of-way line of a road a distance of 254 feet to
the point of beginning, containing in all 11,527 acres of land,
is hereoy changed from Agricultural "A" District Classification
Use to Planned Development "PD" District Classification and Use
under the Comprehensive Zoning Ordinance of the Git,v Of Dentcri,
Texas with the following conditions and specifications;
1. Density of .u velopment shall not exceed level shown
on approved Planned Development concept plan;
Physical design and dimensions of lots shall conform
with approved Planned Development concept plan;
15ee••+IOil AkD COMPTON•PA Ge J,Nh
3, Finn.l internal street a!Ignment shall be determined
during platting stags; staff shall have the auth^
or ity to revise plans for streets, if needed, for
future planning purposos or to provide logical link
with adjacent subdivision; and
4, The prvperty shall be platted in accordance with
City of Denton regulations for subdivisions and land
development,
The Zoning Map of the City of Denton, Texas, adopted the
14th day of January, 1969, as an Appendix to tho code of Ordi-
nances of the City of Denton, Texas, under Ordinance No, ti9-11
be, and the same is hereby amended to show such change 1n
District Classification and Use subject to the above .onditions
and specifications.
SIiCTION 1I
That the City Council of the City of Uenton, Texas, hereby
finds that such change is in accordance with a comprehensive
plan for the purpose of promoting the general welfare of the
City of Denton Texas, and with reasonable consideration, among
other things for the character of the district and for its
peculiar suitability or particular uses, and with a view to
conserving the value of the buildings, protecting human lives,
and encouraging the most appropriate uses of land for the
maximum benefit to the City of Denton, Texas, and its citizens,
SECTION III,
That this ordinance shall be in full force and effect
immediateSy after its passage and approval, the required eublic
hearings having heretofore boon held by the planning and oning
Commission and the City Council of the City of Denton, 'texas,
after giving duo notice thereof,
PASSED AND APPROVED this the day of 1983,
iMM-17-0 nr1Fl ~ YUK
CITY OFODENTON, TEXAS
ATTEST:
CITY OF DENTON, TbXAS
APPROVED AS TU LEGAL FORM:
C. J. rAILOR, JR., CITY ATTOR'N'EY
CITY OF DENTON, I'E~,,AS
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PLANNING AND ZONING C0MISSION
Recommendation to the City Council
F 'ro; Denton City Council
Case No. Z-1599 Meeting Date; September 6, 1983
GENERAL INFORMATION
Applicant; Millie Johnson
419 South Carroll Boulevard
Denton, Texas 76201
Status of Applicant; Prospective developer and occupant.
Requested Action; Charlie in zoning from two family (2F)
to tfie planned development (PD)
olassification
Purpose; Development of a 1,628 square foot
office building
Location and Size; 69' x 155' (10,695 square feet) lot
located at the northwest cornor of
Carroll Boulevard and Congress Street
Existing Land Use; Vacant
Surrounding Land Use
arid Zoning; North - Two family, single family; 2F
South - Single family, two family; 2F
East - Carroll Boulevard, multi-
family; MF-1, 2F
West Single family, two family,
garage apartments; 2F
Denton Development Guide; Area is designated as low intensity
Z-1599
Page 2
SPECIAL INFORMATION
Transportation and
Traffic; "Mis site has frontage along Carroll
Boulevard (primary major arterial) and
Congress Street (i.o'llector). Ingress-
egress is proposed from Congress Street
exclusively. The proposed curb cut or
entrance off Congress is 25 foot wide
and its projected location begins
approximately 45 feat west of the
Congress Street - Carroll Boulevard
intersection.
A detailed study or traffic count has
not been conducted in conjunction with
this request, but it is apparent that
the )resence of a junior high school
influences tretffic on Congress greatly.
Circulation problems are evident at the
intersection of Congress and Carroll
during peak hours and any increase in
intensity at subject site will worsen
existing conditions.
Parking: One space for each 250 square feet of
floor area is required for medical
offices or clinics. One space for
eEich 3U0 square feet of floor area is
required for general or professional
offices. Twelve (12) on site spaces
are proposed for this development.
This exceeds the amount, of required
parking by 5-6 spares.
Physical Characteristics: Topography is basically flat. Vegeta-
tion consists of trees and grass.
Public Facilities: Streets and drainage are in lace.
All public utilities are available to
serve the site.
Z-1599
Page 3
CONCEPT PLAN ANALYSIS
If this request for planned development (PD) zoning is approved,
construction and improvements will be controlled by the attached
or modified concept plan, The attached plan meets technical re-
uiroments of the zoning ordinance in terms of parking, setbacks
with exception to rear)) buildin lot coverage and height.
Proposed front yard parking is objectionable because diverse
uses in low intensity residential areas should ideally provide
maintained front yards comparable to surrounding residential
properties. Landscaping is shown on the concept plan; however,
staff suspects that, if approved, landscaping will not be pro-
vided as shown. An adjacent property owner questioned the peti-
tioner about plans for a cluster of trees on the property and
was informed that the trees would remain if the proposal is
approved. Staff recommends that a condition be added insuring
t'rotection of the trees if the planned development (PD) request
s approved. Maximum floor area of the build ng is 1,628 square
feet. The petitioner has informed neighbors that architectural
design of the building will be compatible with surrounding resi-
dences. Ingress-egress is proposed from Congress Street exclu-
sively (no curb ruts proposed on Carroll Boulevard). Eliminating
curb cuts on Carroll Boulevard is a plus, but staff is fundamen-
tally opposed to increasing intensity at this intersection. No
screening is provided on the concept plan. Residences abut this
propersy to the west and north and screenink should be required.
The building site provides a 15 foot setbac on both sides but
the rear yard setback should be increased to a minimum 10 feet
(presently 3-4 feet). Some minor modifications are needed, but
it is technically possible to develop the property as proposed.
L_ I
DEVELOPMENT GUIDE ANALYSIS
The petitioner notified property owners of this request through
a mailout. Included in this mailout was technical information
and suggested reasons why the development would be beneficial to
the neighborhood (see attachment 113). Efforts to involve the
neighborhood in the planning process is positive and neighborhood
response has been favorable. Staff feels that most technical and
design features can be guaranteed through planned development
zoning, but we disagree with the petitioner's absolute positive
Z-1599
Page 4
DEVELOPMENT GUIDE ANALYSIS (Continued)
assessment of the potential effect of this development on the
character of the area. Some supportive respondents seemingly
a free with the petitioner's theory that an office at this site
will "enhance neighboring property values duo to new construc-
tion and higher level zoning". It is difficult to predict the
effect that this development would have on neighboring property
values, but it is unlikely that there will be a sudden and all
encompassing significant increase. It is also unlikely that an
office of any type will generate less traffic than a duplex.
It is significant to note that there has been a noticeable in-
crease in requests of this nature in mostly older areas of the
city. Some individuals have commented that they too will seek
office or higher intensity zoning for their property if this
petition is .approved. Neiggliborhood character and appearance is
often affected adversely wE~en zoning stability is lacking because
those individuals who are anticipating additional re-zoning some-
times feel that there is little economic incentive to maintain
and upkeep their property. The Development Guide designates
this area as low intensity and strongly insists on special treat
menc of older neighborhoods throw hoot the city. Staff feels
that zoning and neighborhood stab lily can best be preserved by
denying this request.
Ai>proval of this request would also undermine specific policies
discouraging tatrip commercial land use along; major thoroughfares.
Carroll. Boulevard is particularly subject to pressures for highvt
intensity zoning and each time a request of this nature is ap-
proved the policy discouragin strip commercial is diluted. A
vacant office tract exists a hundred feet south of this
tract and Carroll. Commerce Center is within reasonable proximity.
An office exists north of West Prairie at the edge of a rosiden-
tial area, and a similar request across the street is being
considered on the same agenda as this. Existing office facili-
ties are available for lease within reasonable distance of the
proposed site, and appropriately zoned property is available in
other areas of the city. Obviously, staff is suggesting that
Z-1599
Page 5
DEVELOPMENT GUIDE ANALYSIS (Continued)
there is a fundamental question of need that should be consid-
ered in con,juction with this request. Thus far, the sole non-
residential land use along Carroll Boulevard between the north
side of Congress and Sunset Street is a day rare center with
access from Coit Street. Approval of this request could enhance
the potential of Carroll Boulevard becoming a corridor for
'nigher intensity uses primarily, and a major thoroughfare that
is designed to move traffic, secondarily.
CONCLUSION
It is the intent of the Develo ment Guide and staff in appli-
cation of its policies to be f~.exi')le to unique and individual-
ized situations, but, neither the guide nor the city guarantees
development of all property to the highest use desired by the
owner or ucvelopment interest. Traffic considerations unique
to this site, policies regarding older neighborhoods, concerns
aboui continuing pressures for strip commercial development
along Carroll Boulevard, ind the fundamental question of need
makes it d'c'ficult to Justify approval of this request.
RECOMMENDATION
A simple ma ority (4 votes out of 7) is needed for a Planning
and Zoning ,ommission recommendation. The motion to recommend
denial of G-1599 failed by a vote of 3-2 at the Planning and
Zoning Commission meeting of August 10, 1983' a subsequent
motion to recommend approval of the request 'ailed by a vote
of 2-3. In effect, there is no formal Plannin and Zoning
Commission recommendation. A simple majority is all that is
needed for City Council action. Staff strongly recommends
denial of Z-1599.
Z-1599
Page 6
ALTERNATIVES
i. Approvo Planned Development (PD) and attach conditions.
2, Approve Planned Development (PD3 without conditions.
3, Do-ay request.
ATTACHMENTS
1. Aerial.
2, PD conceppt plan.
3. lnformat.ion sent to area property owners by petitioner
and some neighborhood responses.
4, Reply form total,
5, Property owner list.
6. Planning and Zoning Minutes of August 10, 1983.
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JUPE 14 , Iqb$
6/25/83
Dear Friends in the Congress/Carroll Blvd, Neighborhood,
At the present time I am attempting to determine the feasibility
of applying to the Planning and Zoning Commission for a change
of zoning of the North/West corner of Carroll and Congress from
Duplex to Planned Development, The latter would consist of
restricted plans to place a small office building (around 1600
square feet) on the north part or the property, The projected
plan would be to house two or three professionals in my field,
resulting in low density occupancy and very little traffic incre=ase,
As many people could tell you, my office is my "home away from
home," and this idea has been a dream for many years. My practice
is well -established and Denton is my permanent home, as it is for
my husband, who teachs at North Texas State University in the
Psychology Department. An additional factor is that I hold a
degree in Art from the University of Texas at Austin, and have a
strong sense of aesthetics about the decor, interior and exterior
finishing, landscaping, maintenance, and the design of the building
to blend with the neighboring structures. On this latter point,
I want the building to look more like a comfortable residence tnan
a sterile office building, and thus my building would not affect
the overall character of the neighborhood.
After considering the points and site plan which I have enclosed,
I will appreciate your comments or suggestions concerning appli-
cation for a zoning change, For this purpose, and for your
conveniepce, l have enclosed a self-addressed postcard.
Thank you.
4 ~
Mil VAJ4`n~so , Ph.D.
6/25/83
Points to consider concerning a change of zoning from Duplex to
Planned Development on the North/West corner of Carroll+517d, and
Congress Ave,
1, Enhancement of the values of neighboring properties with new
construction and higher level zoning,
2. Owner occupancy and management (as opposed to the construction
of a duplex which would be rental and largely unsupervised),
3. Professionals only as occupants, resulting in quiet and orderly
schedules,
k, Low density occupancy, three or four people.
5, Professional landscaping and maintenance.
6, Precedent has been established on both sides of Carroll Blvd,
for granting of office zoning,
7. A restricted small office building will cause less traffic
problem than a duplex, l,e., because this is a relatively busy
and noisy corner location, probably only young people or singles
would be interested in renting, resulting in four to six cars,
frequent v4sitors, possibly odd hours, parties, and so on,
a, No parking lot entry from Carroll Blvd, is being requested
(see enclosed site plen0,
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GARY P, PATTON
P1000 Al tAW
P-0 bolt18i1
DENtON, RXAS 16"1
{ 17381.1 {{8
July 81 1983
Millie Johnson, Ph*D.
419 South Carroll
Denton, Texas 76201
Rei change of zoning from duplex to planned development{
Northwest corner of Carroll and Congress; Denton, Texas
Dear Uri Johnsonl
Jiaan and I are in receipt of your June 25, 1983,
letter concerning the above property and y
zoning change. Our only concern was that the three
trees grouped together on the property be saved, and
you have indicated that this will be dcxie. In view of
that, we find your proposal very attractive and feel
that the change should be made.
Let us know if we can do anything further to assist-.
you in fulfilling your proposed plans for the property,
cerel
r~
Gar P, Patton
.tee/ 17~-'Cp-p N'~`'~'2./ cc~G'~'=-- ~~,er'~.~L-~~
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July 6 o,198~
Spaakt,16 fox my wifa and myself , af.'tex dis-
aussion ldrn e;nei con, we have danidad that vie had
rathor Have an o:Cfica bulld.n,; such us shown. Ln.
youx plants; thou a d4,10,x, fc,urj?lux ur akartaOnnt
ue4i.ldin~;
,ra feel. that an office. building such as you
4ava planned, prol)erly landscaped as shown. in_
ypux plans viould add to the attruetivenass of
our nel6uborhoods it would certainly be betta:o
than a vacant lot that catches trurash from. pass--
in Onus, (Wilford E. = erce)
rte do not want an qId-_,house moved in such
its the city allowed across tlxe streat from our
Cli_,;uber of Cu.i:,.orce uffic3,
PROPERTY OWNER REPLY FORMS
CITY COUNCIL
Z-1599
IN FAVOR IN OPPOSITION UNDECIDED
Mrs, td, M. Mann None Received Eddie Lane
513 Congress 415 Normal
Denton, Texas Denton, Texas
382-2274 382-9973
Una Bell Estes
714 Schmitz
Denton, Texas 76201
382-5102
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August 10, 1983
Page 5
Mr, Mison stated this is a low intensity area and
there is availability of public util.tJos. Robinson
Roads condition is less than adequate, there is some
evidence of pariodic count maintenance, Land use is
logical for duplex ;end 4-p~ex development, Staff
recommends approval of Z-1598,
There was some discussion as to location of Loop 288,
the southern extension.
Mr, LaForte asked about street access, Mr. Crouch
stated the requo,st war for a planned development because
of the desire Cf the developer to work with the staff
with regard to the street access,
Chairman declared public hearing closed.
Mr. Claiborne moved to recommend approval of Z•-1598 with
t'he following conditions:
1) Density of.. development shall not exceed level
shown on approved PD concept plan.
2) Physical design and dimensions of lots shall
conform with approved PD concept plan.
3) Final internal street alignment shall be
determined during platting stage; staff shall have
the authority to revise, plans for streets if needed
for future planning purposes or to provide logical
link with adjacent subdivisions.
4) The property shall be platted in accordance with
City of Denton regulations for subdivisions and land
development.
Seconded by Mr, Pearson and unanimously carried. (4-0)
Mr. Juren arrived at the meeting.
C.~Z-1599. This is the petition of Millie Johnson
requesting a change in zoning from two family (2F) tc
the planned development (PD) classification on a lot
approximately 69' x 155' in size located at the north-
west corner of Carroll Boulevard and Congress Street.
(UNAPPROVED) If approved, the planned development (PD) would permit
the construction of a 1,628 square foot office building.
The property is more particularly described as lots 1
and 2, block 5, Carroll Park Addition.
Mr. Ellison explained request, stated there were i:wenty
reply forms mailed to property owners within 200 feet of
the subject prt~perty nine reply forms were recieved in
favor and none were received in opposition,
N & Z Minutes
August 10, 1983
Page 6
Mrs. ,Johnson, petitioner, pointed out apartments across
the street, vacant lot on southeast corner and Chamber
of Commerce just south of it. She explained the process
of conducting her own poll in which she received no
opposition 14 poa;tcards were mailed out 7 are rent
properties and 7 are owner occupied. The lot is
presently zoned duplex and feels it would be a better
situation to be zoned office as she would owner occupy;
stated it would be a professional situation; not many
people; no more traffic than duplex; no entry from
Carroll and does not want to change the character of the
area.
Bob Estes spoke in favor of request, his aunt owns the
subject property and he feels this area is much desired
for office development. He feels on a long range plan
Carroll Boulevard is the best area for office
development.
No one spoke in opposition.
Mr. Ellison stated lot is 69 feet x 155 feet totalin
10,695 square feet on the northwest corner of Carrolt
Boulevard and Congress Street, there is a junior high
school in the vicinity which influences traffic greatly
and feels the requested zoning would generate more
traffic that a duplex.
He stated this is a residential area and the staff is
opposed to the request. He mentioned this change if
approved would signal neighborhood to more of this type
development and property owners may not continue to up
keep their property. Staff opposes "piecemeal" zoning
along Carroll Boulevard.
Mr. LaForte asked if he understood correctly there was
no other commercial development between Congress to
lies twat' .
Mr. Ellison stated only a daycare business.
Mrs, Johnson with regard to the Strip Commercial policy
feels this small office building does meet
requirements. In response to question of saving the
stand of trees on the lot Mrs. Johnson stated she would
modify her plans to save the trees.
Mr. Ellison stated there should be a specific condition
to protect the trees if request were to be approved,
N ~ Z Plii~ute~s
August 10, 1983
Page 7
Chairman closed public hearing.
Mr. Juren inquired about the curb out needing to be 45
feet from what point of intersection.
Mr. Clark responded the curb cut should be approximately
40 feet from the center of the intersection of Congress
and Carroll Boulevard.
Mr. Juren made a comment that this could set a president
and cause an eventual downfall for the rest of Carroll
Boulevard.
Mr. Claiborne moved to recommend denial of Z-1599. Ms.
Cole seconded the motion. Vote was called; Aye -
Claiborne, Cole and LaForte Nay - Juren and Pearson.
(3-2) Motion failed.
Mr. Pearson moved to recommend approval of Z-1599.
Seconded by Mr. Juren. Vote was called; Aye - Juren
and Pearson Nay - Claiborne, Cole and LaForte. (2-3)
Motion failed.
D. Z-1597 and S-171. This is the petition of the City of
Denton reques ng a change in zoning from agricultural
(A) to the light industrial (LI) classification, and
approval of a specific use permit for a sanitary
land-fill, on a tract of land containing 36.082 acres
located east of Ma hill Road along the south side of
Foster Road (also known as Edwards Road).
Mr. Watkins explained there were three (3) reply forms
mailed to the property owners within 200 feet of the
subject property and no reply forms were returned. Part
of the property is in the city limits.
Bill Angelo, representing the Sanitation Department for
the City of Denton stated he does support the change of
zoning, closing of the old landfill is scheduled for
January 30th, 1984 as required by the Health
Department. New location is needed now. Lewisville
would be closest landfill to haul to but would be very
costly.
Mr. Juren asked what the life expectancy o this
landfill would be and how long had the existing one been
in operation.
~--a
PLANNING AND ZONING COMMISSION
Recommendation to the City Council.
To; Denton City Council
Caso Nos. Z-1600 and S-173 Meeting Date; September 6,1983
GENERAL INFORMATION
Applicant: City of Denton
Status of Applicant; Owner
Requested Action; Change in zoning from agricultural (A)
to the light industrial (LI) classifi-
cation (Z-1600)
Approval of a specific use permit for
a sewage treatment plant (S-173)
Location and Size; 236.14 acres b q inning east of Mayhill
Road and including property located
north, south and east of Foster Road
Existing Land Use; Sewage treatment plant and vacant land
Surrounding Land Use
and Zoning: North - Single family, agricultural.,
vacant; ETJ
South - Single family, agricultural,
vacant; A, ETJ
East - Single family, agricultural,
vacant; ETJ
West - Single family, agricultural.; A
Z»1600 and 8-173
Page 2
ANALYSIS
The sewage treatwent plant and su,,.-rounding public property was
acquired by the city in two or three separate transactions be-
tween 1961 and 1982 Expansion of facilities is imminent, but
details of how expansion will occur and where facilities will be
placed on the property has not been determined, One major
objective is to designate and identify the subject property in x
manner that is consistent with the existing and anticipated
public use of the land Abb}ricultural (A) zoning is not a
sufficient designation. : Tiie Utility Department has supplied
additional detailed information in an attached memorandum.
RECOMMENDATION
The Planning and Zoning Commission recommends approval of Z-1600
and 5-173 by a vote of 5-0
ALTERNATIVES
1. Approve petition,
2. Deny petition.
ATTACHMENTS
1. Aerial
2. Reply forms total
3. Property owner list
4 Memorandum from Assistant Director of Utilities
5. Planning and Zoning Minutes of Augut:t 10, 1983
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PROPERTY OWNER REPLY FORMS
CITY COUNCIL,
Z-1600 & 5-173
IN FAVOR IN OPPOSITION UNDECIDED
gone Received Linda C, Bailey
Route 2, Sox 647A
Denton, Texas
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LLO-L
CITY OF 044NTON
U7JJ.J7J1W! M E M 0 R A N D U M
..1 91 T0; David Ellison, Development Review Planner
MON: C. David Nam, Asst. Dir, of Util., Water/WasLewater Div.
DATE: August 15, 19K3
It E; Planning and Zonlmm Commission Case NL1600 and 5173
The Planning and Zoning Commission approved the change of
zoning from agricultural [A] to li;hl; industrial [1.IJ and approved a
special use permit for Lhe Sewer Plant. This approval was made at
the Planning and Zoning Commission meeLing of August 10, 1983. The
underiiigned gave a presentation for reasons of the zone change as
follows.
The Sanitary Sewer [slant which is located adjacent to Mayhil.l
Road, inside the City limits, was constructed in the 1970's and at
that time, tl,e City of Denton was 110L nearly as large as it is now.
A second generation plant was constructed adjacent to the old Sewer
Treatment: Plarit and was completed in April of this )Wear. With tl,e
rapid growth of the City of Denton, it is anticipated that
additional sewer treatmonL facilities will be added in the fULl.lre
and the land which presently lies vacant will have a definite value
when this plant is added to in the future. The property from the
present Wastewater Treatment. Plant toward Mayh111 Road lies on
somewhat of a hill. A long range plan is to construct large
equalization basins for flood control at this high elevation.
Denton is subject to periodic flooding along Pecan Greek, adjacent
to the Wastewater Treatment Plant and this constitutes infiltration
into the sewer lines causing tremendous increase of sanitary sewer
flows into tile, Wastewater Treatment Plant. With the future large
equalization basin this increase flow could be contained and fed
through the Treatment Plant- in an orderly fashion rather than tl,e
Water Treatment Plant having to dulnr) raw sewage under. 1:loodin
conditions into Pecan Creek, thereby violating our NPDES permit Witt,
the EPA.
Another reason for changing; the zoning from agricultural to
light industry for this entire c;rea is to build a holding basin
adjacent to the Wastewater Treatment Plant pumping effluent to the
Electric Steam Plant for cooling purposes. There are times when the
Wastewater Treatment: Plant has a large quanity of effluent and yet
the Electric Plant does not require this water. This holding basin
would provide it storage for water which could then be fed co the
h1ectr1c Steam Plant upon request. We thereby save purchase of
water from Dallas by recirculating the sanitary effluent .to tl,e
Electric Steam Plant.
?.344U/7
Another reason for Lhis zoning transfer is to make available
additional land for sludge particles injection. As the sewage is
treated and the heavy sludge particoEls are contained in the digester
these large particles can be fed by the digester by truck onto land
through the sludgge injection method. `here is a continual neod for
large acrea8os in odor to accomplish this task. There are other
reasons for this zoning change; however, the overwhelming
requirement is to alert citizens adjacent to the Sewage Treatment
Plant that this plant is in fact an industry anci is subjected to
large flows and some minor degre@ of order, which may alert
developers to the need for selecting other light industry or other
development which would not be adversely Offectud by this Sewage
Treatment Plant operation.
Sincerely,
Cal-
C. David Ham
Asst, Dir, of Util.
Water/Wastewater Div.
CDEI/tdd
I
2344U/8
l' & ~ i~inutas
August 10, 1983
Page 8
Mr. Angelo stated 28 years life expectancy on the new
location and the present one was opened in the late 60's
to present and only allowed to remain due to several
modifications made to be acceptable to the Health
Department
No one spoke in opposition to the request.
g e present sewer plant
Mr. Watkins showed map outlinin th
with road to the proposed Landfill and the new proposed
access road. He stated this location is the best site
located so far, technically, and staff recommends
approval.
Mr. Claiborne questioned the access, would it be from
McKinney to Mayhill?
Mr. Angelo explained that the landfill would also e used
by Little Elm, Pilot Point and Aubrey and the truck
traffic can be regulated, limited only to the public
using different routes. The truck route would be set up
to go past the least number of residences in the area.
Chairman announced public hearing closed.
Ms. Cole moved to recommend approval of Z-1597 and
5-171. Mr. Claiborne seconded and unanimously carried.
(5-0)
E. Tz-1600 and 5-173. This is the petition of the City of
Denton, requesting a change in zoning from agricultural
(A) to the light industrial (LI) class ificati.on, and
approval of a specific use permit for a sewer treatment
plant, on approximately 235.96 acres beginning east of
(UNAPPROVED) Mayhill Road and including property located north and
south and east of Foster Road (also called Edwards Road),
Mr. Ellison reported there were 14 notices mailed to
property owners find none were returned.
David' Ham, Assistant Director of Utilities, stated that
the present sewer plant has an addition already and is
in need of more additions requiring more land and a
change in zoning from agricultural (A) to the light
industrial (LI) classification on acquired property to
add the Equalization Basins or holding during flooding
conditions as some of land is in flood plain area);
Holding Basin; irrigation tank, all required to update
the sewer operations. Additional acreage is also needed
for sludge injection area.
L
1' & ~finuCes
August 10, 1983
Page 9
No one spoke in opposition.
Mr. Ellison stated he felt that Mr. Ham had adequately
covered the request and said the staff recommended
approval.
Public hearing closed.
Mr. Claiborne moved to recommend approval of z-1600 and
S-173. Seconded by Mr. Pearson and unanimously
carried. (5-0)
F, Approval of the >reliminary and final replat of lots 1
and 2, block 1, N. Skiles Addition.
Mr. Ellison explained the lots are located at the
southwest corner of Bolivar Street and Sunset Street,
The property is zoned single family (SF'-7) and the
intent of the replat is to divide an existing 165 foot x
190 foot lot into two (2) separate lots. Both lots will
comply with zoning ordinance standards, however, no
immediate development is anticipated.
Mr. Ellison explained the request of replat and stated
that the replat does meet all requirements and mentioned
staff feels that the waiver for street improvements of
Sunset Street should not be granted. Sixteen notices
were mailed out. None were returned.
Tom Irlbeck, property owner, is replatting the subject
lot to refinance part of the property for financial
reasons and felt if he had to do the required
improvements on Sunset Street for the estimated
$5 000.00 it would defeat his purpose and requested a
waiver of the same.
On question from Mr. Juren, Mr. Ellison stated the
improvements to the street can not later be required of
a new owner.
Mr. Irlbeck stated his purpose of replatting was not to
sell but for upgrading of present home, again the
estimated $5,000.00 street improvements would defeat his
purpose.
Public hearir.,g closed.
Hr. LaForte stated lie is in favor of the replat and
also for a recommendation to grant the waiver of
improving Sunset Street.
' J 9 6 L I~1/
NO.
AN ORDINANCE MENDiNU THE ZONING MAP OF THE CITY OF DENTON, TEX?.o,
AS SmW WAS ADOPTED AS AN APPENDIX TO THE CGDE OF UkDINAANCES :•F
THE CITY OF DENTON, TEXAS, BY ORDINANCE NO, 69.1, AND AS SAID Mai
APPLIES TO APPROXIRATBLY 235,96 ACRES OF LAND OUT )F THE G. WALx.ak
SURVEY, ABSTRACT NO. 1330, DENTON COUNTY, TEXAS; AND MORB PART;
CULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIY6 DATE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS!
SECTION I.
The Zoning Classification and Use designation of the following
described property, to-wit!
BEGINNING at a stake at the southeast corner of a 40,93 a:re
tract, conveyed by W.L. Henson and Jewel C, Henson to Wm, T, Evers
October 7, 192.1;
THENCB west with tna south line of the tract a distance of 6)4
feet, to a point that is the southwest corner of this tract,
15 feet west of a stake that is on the said south line;
THENCE north 709.00 feet to a point for the northwest corn.; f
this tract; being 50 feet south and 15 feet vest of the sout?,etst
corner of a tract belonging to Calvin Gabbert;
THENCE east 75.00 feet to a stake;
THENCE north 47044' east, 297,3 feet to a stake;
THENCE north 42,5 feet to a stake on the bank of Pecan Creek;
THENCE with the bank of Pecan Creek north 06°00' east, 338.7 feet
to a stake;
THENCE south 215.00 feet to a stake;
THENCE south 78000' east, 204.66 feet to a point;
rHENCE south 974,75 feet to a point in the south boundary lint :f
Wm. T. Evers land, and the north line of the N.T. ''Ailkerson lat.:;
THENCE north S V30' west, 198.3 feet to the Point of beg., r-;-%,
containing 17.93 acres, more or less.
TRACT ONE
Field notes to 18.8345 acres in G, Walker Survey, Ab. 1330, cen:cn
County, Texas.
All that certain tract or parcel of land situated in the G. •%a.>.er
Survey, Ab. 1330, Denton County, Texas, being part of that c::ta:r:
32,0: acre First Tract and part of that certain l2.5 Second :Tact
in a deed from I.E. Eawards et ux to o.I. Edwards on Jul:, .
1945, recorded in Volume 316, Page 368 and being pore '
described as follows;
S 1'N]~G at , ;e.nce corner at the southeast corner -)r. ;ai,-i
acre t1'sCt i!1 "lie east 1 ine Of the oiN acre :.~t 0 of 6,1:1 1.
Subdivision of said 0, Walker Survey at a point 1594.4 feet north
of the southeast corner of said Lot 6;
(HENCE north 57°111 3611 west with a fence 2405.17 feat to an axle;
THENCE north 11411 08" east along and near a fence $41.96 feet to
a fence corner;
THENCE north 87°371 5411 west with a fence $73.31 foot;
THENCE north 28°561 00" east 585,11 feet;
THENCE north 26221 0611 east 566,71 feet;
THENCE south 7410S1 01" east with a fence 11079,75 feet to a corner
in Pecan Creek;
THENCE down the middle of Pecan Creek Frith its meanders the
following 9 courses and distances: ll) south 860011 24 east
413,93 ft. (2) north 740581 4911 east 8U,29 ft. (3) south 06.451
0311 east 41140 ft. (4) south 9°481 5U 11 west 82.92 ft, (51 south
10°021 0111 west 74.50 ft. (6) south 24419 551' west 55,15 ft. i7)
south 4°191 3211 west 64.13 ft. (S) south 7115' 34" east 130.31 ft.
(9) south 37029' 1S" east 26,28 it. to corner in said creek;
THENCE south 4°111 2211 west with a fence and the east bouaaary
line of said 82,62 acre tract a distance of 744.55 feet tc t h a
point of bog inning, containing 78,5345 acres of land.
TRACT T'WU
Field notes to 681000 acres in the Gideon Walker Survey Abstract
1330, Denton County, Texas.
All that certain tract or parcel of land situated in the G. 11 leer
Survey, Ab. 1310, Denton County, Texas, being part of a certain
(called) 108.05 acre tract describea in a deed from J wl :&eilLim ,
et ux, to N.T. Is'Ilkerson, et ux On January 7, 1953, recordea in
Volume 385, Page 87, Deed Records of said County, and being more
particularly described as follows:
BEGINNING at the southeast corner of said 108.OS acre tract in the
middle of Pecan Creek;
THENCE north 72012' 10" west with a fence 2480.5 feet to a fence
corner;
rHELNICE north "S41 11" east with said fence 116.3 feet to a c>rner
in a gravel road;
THENCE north 360141 44" west in said road 999.46 feet to a corner;
THENCE north 14451 1611 east 1045,71 feet Co a steel pin in a fence;
(HENCE south 36°041 0911 east with said fence 1187.96 feet to an
angle in said fence;
THENCE south 47°041 5S" east l0 h said fence 971.1 feet to a
corner in the middle of Pecan Creek;
THENCE southeasterly smith the middle of said Creek its
meanders the following 18 courses and aistances: (L) sou tn 320
05 .'v'1 nett J'. teat (d} SOut: 1°J 10" east 14_.1 t°.°. 1J1
°:?1 .j 11" n J).
So .:1 ',•ti°5:51 JU1 :a5t .71) 5'c ll th 15
CV'J-).ill :'r a:~l J,1 a,; L
iL
I
foot (5) south 750131 101' wast 78,7 feat {6) south 3630" 'nest
101.3 feat (7) south S7°22' 2041 east 76,0 feet (8) south 77°04'
$011 east 41114 feet (9) north 781231 40" east 39,8 foot (10) north
16°21' 1011 east 35,44 feet (111 north 89121 west 210,1 feet (12)
north 480511 east 86.5 foot (13) south 691531 east 4315 feet {14)
south 33°501 east 32311 foot (15) south 66°45' east 130,7 fa et
(16) north 739481 east 95.8 foot (17) south 56459' east 80.0 feet
and (18) south 70301 10" east 622.40 feet to the place of
beginning, containing in all 68,000 acres of land,
TRACT THREE
All that certain tract or parcel of land sit -uatad i n the Gideon
Balker Survey AbQtract 1330, Denton County, Texas, being a part
of a certain called) 00, 140 acre tract described in a deed from
Henry SI ,Miller Co., Trustee to Lotto E, Callahan on the 2nd day
of August, 1977, recorded in Volume 847, Page 690, Deed Records of
said County, and being more fully described as follows:
BEG1vN1NG at a steel pin at the southeast corner of a City of
Denton Sewage Treatment Plant Tract described in a deed from 'K.T,
Dvers, at al to City of Denton on December 12, 1960 and recorded
in Volume 463, Page 2601 Deed Records of Denton County, 'texas, and
an inner southwest corner of said 430.140 acre tract;
THENCE north 1°54 east along and near a fence a distance of
980.?0 feaet to a steel pin and (once corner at the east northeast
corner of said City of Denton Tract;
THENCE masterly with the t:orth boundary line of said City Tract
the following S bearings and distances: (1) north 76106' west
220.0 feet (2) north 1°54' east 215.0 feet (3) south 67°54' west
388.7 feet (4) south 1054' west 42.50 feet (5) south 49°38' west
235.42 feet to a steel pin on the no•theasterly line of a road;
THENCE north 381231 2011 west with a ienc^ and the northeast line
of said road a distance of 61.96 feet to a steel pin and fence
corner at an inner ell corner of said 430 acre tract;
THENCE north 1°20' 58" east with a w,ost boundary line of said
tract along and near a fence a distance of 237.56 Poet to a c?rnar
in Pecan Creek;
THENCE easterly and southerly with the middle of Pecan CreeK the
following 17 courses and distances: (1) south 60618' ob" east
157.38 feet (2) north 710131 3S' east 518,28 feet i3) south 71041'
41" east 173,01 E e a t (4) south 67°481 261, east 297,15 feet (5)
south 49116' 23" east 79.11 feet (6) south 81351 49" east 243,12
feet (7) south 31°49' 1811 east 169.01 feet (8) south 9S155 1611
east 223.65 feet (9) south 44°191 4911 east 137,92 feet (10) south
481u6' 12" east 242,88 feet (11) south 420 28 2811 east 39,0
feet (;2) south 6°04' 26" west 108.62 feet (l3) south 25°15' 45"
west 70.50 feet (14) south 51°441 511, west 181.94 feet (15) south
12°43' 27" west 301,18 feet (16) south 52°11' 11" west 93,32 meet
(17) south 41°41' 08" west 244.97 feet to a corner in said Pecan
Cree'K on a south boundary line of said 430.140 acre tract;
THENCE north 4815:' 43" west along and near a fence a distance of
712.26 feet to the point of beginning and containing in all :5,733
acres )f land.
TRACT FO+IK
t?,.+: cevt.irn :rac t or parcel Tana situated in the 61deon
uVU•~lll' ~Jr uE,Ai U,A-Y,1 i 1HREE
W'ali or Survey, Abstract 1330, Denton County, Texas, being a part
of a certain (called) 430,140 acre tract described in a deed from
Henry S. Miller Co., Trustee to Lotto b, Callahan on the 2nd day
of Adjust, 1077, recorded in Volume 847, Page 690, Deed Records of
said County, and being more fully described as follows!
BEGINNING at a point lying In the south boundary line of said
tract, said point lying south 87049' 09" east 109,2Z from the
wast southwest corner of said 450.140 acre tract is Ma yhIII Road
and the southeast corner of the MEP 4 PRR Co, Survey, Abstract 927;
THENCE North a distance of 761,53 feet to a point for a corner in
the north boundary line of said tract;
THENCE south 88006' 15" east with a fence and the north line of a
road a distance of 747,66 foot to an Iron pin and fence corner at
an inner ell corner of said tract and a band in said road;
THENCE south 58023' 20" east with a fence and a northeasterly line
of said road a distance of 61.96 filet to a steel pin on a
northerly boundary line of a City of Denton Sawage Treatment Plant
tract described in a deed from W.T. Evers at al in Volume 403,
Page 260, Deed Records of 0onton County, Texas;
rHE,s'CE south 49038' west with a north boundary line of said City
tract a distance of 11.88 feet to a steel pin at an angle;
THENCE north 8d°06' west a distance of 60,0 feet to a steel pin at
the west northwest corntrr of said City of Denton tract;.
THE,VCE south 1054' west along and near a fence a distance of '99,0
to a steel pin and fence corner at southwest corner of said City
of Denton Bract;
THENCE north 87°5U' 41" west with a fence and a south boundary
Tina of said 430,140 acre tract a distance of 693.69 feet t, a
steel pin at a fence corner angle;
THENCE north 87°49' 09" west with a fence a distance of 193:,91
feet to the Point of Beginning and containing 12,43 acres of land
is hereby changed from Agricultural "A" District Classification
Use to Light Industrial "LI" District Classification and Use under
the Comprehensive Zoning Ordinance of the City of Denton, Texas,
The Zoning Map of the City of Denton, Texas, adopted the :4th
day of January, 19b9, as an Appendix to the Code of Ordinance; of
t h a City of Denton, Texas, undor Ordinance No, 69.1, be, and the
same is hereby amended to show such change in District Classifi -
cation 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 Cite of
Denton, Texas, and with reasonable consideration, among her
thin ss 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 encoura5ing
the most appropriate uses of land for the maximum benefit to ;he
City of Denton, 'Texas, and its citizens,
"•ioou - CITi U1' 00[+,:N-PAuL roan
,
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, Toxas,
after giving due notice thereof,
PASSED AND APPROVED this the day of , 1963
RJUJAM) U. Slb~ART, MAYOR
CITY OF DENTON, TEXAS
ATTEST:
CHARLOTTE ALLEN, CITY SECRETARY
CITY JF DE,NTON, TEXAS
APPROVED AS TO LUAL FORM:
C. J. TAYLOR, JR., CITY ArTORNEY
CITY OF DENTON, TEXAS
aY;
.•i~U U•~i; 'f OF ~F..'.i J,A-~.i r1Tt
' 496E ~ ~ t
AN ORDINANCE GRANTING A SPECIFIC USE PIIRMIT AND MENDING THE 'ON-
ING AAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOP1ED AS Ali
APPENDIX TO THE CODE OF URVINANGES OF 'THE CITY OF OENTON, TEXAS,
BY OKDINANCE NO. 69.1, AND AS SAID MAP APPLIES TO APPROXIMAr,ELY
23S.96 ACRES OF LAND IN THE CITY AND CUUNTY OF DENTON, TEXAS; AND
DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS;
SECTION 1.
'rho toning Classification and Use designation of th+j following
described property, to-wit:
BEGINNING at a stako at the southeast corner of a 10.43 acre
tract., conveyad by A',L Henson and Jewel C Henson to Wm. T. Ever.
October 7, 1924;
THENCE west with the south line of the tract a distance of b45.Oo
feet, to a point that Is the southwest turner of this tract, being
l5 feet west of a stake that is on the said south line;
THENCE north 70V.00 feet to a point fur the northwest corner of
this tract; being SO feet south and 1S feet west of the southeast
corner of a tract belonging to Calvin Gabbert;
THENCE east 75.00 Poet to a stake;
THENCE north 47444' oast, 297.3 feet to a stako;
THhN(; north 42.5 feet to a stake on the bank of Pecan Creek;
THENCI with the bank of Pecan Creek north bbOO0' east, 388." :eat
to a stake;
THENCE south 215.00 feet to a stake;
THENCE south 78400' east, 204,66 feet to a point;
THENCE south 974.75 feet to a point in the south boundary lire of
Im, T. Evers land, and the north line of the N.T. Wilkerson land;
TH6NC9 north 51°30' west, 198.3 feet to the point of beg inni;ig,
containing 17.93 acres, more or less.
TRACT ONE
Field cotes to %3,3345 acres in G. lialkr,r Survey, Ab. 1330, Venton
County, texas,
Ail that certain tract or parcel of land situatod in the G. '.aiker
Survey, Ab. 1330, Denton County, Texas, being part of that certain
32.63 acre First Tract and part of that certain 42.5 Secona Tract
in a deed from I.E. Edwards et ux to E.1. hdward.s on Jui± '5,
1945, recorded in Voiume 31b, Page 363 and being more fu 11
described as fellows;
c;r.v:.~NIN j it s fence ccrner at tii e 50 Ut0 uast turner of $ 11,1
a re :race io the east line of the 2!9 acre tot o of Joke nen
J - l3 -CiV1 ur dENIv,N•PA6E J:N.:
Subdivision of said G. Walker Survey at a point 1594.4 feet north
of the southeast corner of said Lot 6;
THENCE north 37°11' 36" west with a fence Z405.17 feet to an axle;
THENCE north 1041' 0a" east along and near a fence S41.96 feet to
a fence corner;
THENCE north 87037' 54" west with a fence 373.31 feet;
THENCE north 28056' 00" east 58$.17 feet;
THENCE north 2022' 06" east 566.71 feet;
THENCE south 74°05' 01" east with a fence 2079.75 feet to a corner
In Pecan Creek;
THENCE down the middle of Pecan Creek with its meanders the
following 9 courses and distances: ( I ) south 86101' 24 east
413.93 ft. (2) north 74458' 49" east 80.29 ft. (5) south 68°45'
03" east 41.40 ft. (4) south 9948' S0" west 32.92 ft. (5) south
10002' 01" west 74.S0 ft. (6) south 24°191 SS" wost S$ 15 ft, l7)
south 4110' 32" west 62.13 ft (3) south 7°15' 34" east 130.39 ft.
(9) south $7°29' 15" east 2o.28 ft to corner in said crook;
THENCE south 4011' 22" west with a fence and the east boundary
line of said 82.62 acre tract a distance of 744.55 foot to the
point of beginning, containing 78.834S acres of land,
TRACT TWO
Field notes to 63.000 acres in the Gideon 'alker Survey Abstract
1330, Denton County, Texas.
All that certain tract or parcel of land situated in the G. A''alker
Survey, Ab. 1330, Denton County, Texas, being part of a certain
(called) 108.05 acre tract described in a deed from J, 1V. Se11um,
et ux, to N,T. Wilkerson, et ux, on January 7, 1953, recorded in
Volume 385, Page 37, Deed Records of said County, and being more
particularly described as follows
BEGINNING at the southeast corner of said 108 05 acre tract in the
middle of Pecan Creek;
THENCE north 72°12' 10" west with a fence 2480.5 feet to a fence
corner;
THENCE north 2°54' 21" east with said fence llb.8 feet to a corner
in a gravel road;
THENCE north 36°l4' 44" west in said road 999.46 feet to a corner;
THENCE north 3°45' 1.6" east 1045.71 feet to a steel pin in a fence;
THENCE south S6°04' 09" east ,rith said fenca 1387.96 feet to en
angle in said fence;
THENCE south 47'01' SS" east with said fence 975.1 feet to a
corner in the middle of Pecan Creek;
THENCE southeasterly with the middle of ;aid Creek with its
meanders the following I3 OUrSe S and distances: (11 south 328
t13' ,rest u.' Eeet t2) South 1°5 3t1" east .l •:-.1 feet 3)
h °S6 SU" east 250.5 feet il) SJUCfl 4' 'f u" .rest
S•I'3 X115 U1, uL\IJ\-Y.k6
i
feet (5) south 75013' 10" west 78,7 feet (6) south 36°57' 30" west
101.3 feet (7j south $7022' 20" east 76,0 feat (8) south 77004'
$0" east 411,1 feet (9) north IS°23' 40" east 39,5 feet (10) north
16021' 10" oast 35,44 feet (11) north 8012' west 210,1 foot (12)
north 48151' east 86,5 feet (13) south 69053' east 43,5 feet (141
south 33050' east 323,1 feet (15) south 64°45' east 130.7 foot
(16) north 73048' east 95.3 feet (17) south $6059' east 80.0 feet
and (18) south 7030' 10" east 622.40 feet to the place of
beginning, containing in all 68,000 acres of land,
TRACT' THREE
All that certain tract or parcel of land situated in the Gideon
}calker Survey, Abstract 1330, Denton County, Texas, being a part
of a certain (called) 430.140 acre tract described in a deed from
Henry S, Miller Co., Trustee to Lotta B. Callahan on the 2n3 day
of August, 1977 recorded In Volume 847, Page 630, Deed Records of
said uou,ity, and being more fully described as follows,
BEGINNING at a steel pin at the southeast corner of a City of
Denton Sewage Treatment Plant 'tract described in a deed rom
Evers, et al to City of Denton on Docember 12, 1960 and recorded
in Volume 463, Page 260, Deed Records of Denton County, Texas, and
an inner southwest corner of said 430, 140 acre tract;
THENCE north 1°54' east along and near a fence a distance of
980.70 feaet to a steel pin and fence corner at the eas: northeast
corner of said City of Denton Tract;
THENCE we sterIy with the north boundary line of said City Tract
the iollowtngg S bearings and distances: (1) north 76°06 west
220 0 feet (2) north 104' east 215,u feet (3) south 67°54' west
388.7 feet (4) south 1°54' wetit 42.SU feet (3) south 49038' west
285,42 feet to a steel pin on the northeasterly line of a road;
THENCE north 38°23' 20" west with a fence and the northeast Tina
of said road a distance of 61.90 feet to a s t e e i pin and fence
corner at an inner ell corner of said 430.110 acre tract;
THENCE north t°20' 58" east with a west boundary line of said
tract along and near a fence a distance of 237,50 feet to a corner
in Pecan Creek;
THENCE easterly a•,d southerly with the iniddle of Pecan Creek the
following 17 courses and distances: (i) south 600 IS' 06" east
157.53 feet (2) north 71'13' 35' east 516.23 feet (3) south 71141'
41" east 173.01 feet (4) south 67'48' 26" east 297.75 feet (5)
south 49116' 23" east 79 11 feet (6) south 3'35' 49" east 243,12
feet (7) south 31019' 18" east 169,Di f a e t (8) south SS'SS' 18"
east 223.65 feet (9) :south 44°19' 49" east 131.92 feet (10) south
43°06' ieast 242,118 feet (11) south 420 28' 23" east a9 0
feet (ll.) south 0'04' 26" Crest 108.62 feet (13) south 25'15' 15"
west 70,50 feet (14) aouth 51°44' 51." west 187,94 feet (1S) south
12043' 27" west 301.18 feet (I 5j south 52°11' 17" west 93.32 feet
(17) south 41°41' 03" west 244.97 feat to a corner in said Pecan
Creek on a south boundary line of said 430.140 acre tract;
THENCE north 46152' 4;i" west along and near a fence a distance of
722,26 feet to the point of beginning and containing in all 25.7133
acres of land.
TRACT FOWL
Ii that certain ..ac. ,r parc.l a,t3 s...: :ec in .
'he iuon
5•173-CITI OF 0ENION-i,.W8 tKt:t
iti'alker Survoy Abstract 1330, Denton County, 'fox as, being a part
of a certainCalled) 430,140 acre tract described in a deed from
Henry S. Miller Co., Trustee to Letts E. Callahan on the 2nd day
of Adjust, 1977, recorded in Volume 847, Page 690, Dead xecords of
said County, and being more fully described as follows;
BEGINNING at a point lying in the south boundary Tina of said
tract, said point lying south 87°49' 09" east 1239,22 from the
west southwest corner of said 430,140 acre tract in Ma yhIII Road
and the southeast corner of the MEP S PRR Co, Survey, Abstract 927;
THENCE North a distance of 761,53 feet to a point for a corner in
the north boundary line of said tract;
THENCE south 88°06' 15" east with a fence and the north lino of a
road a distance of 747,66 feet to an iron pin anu fence corner at
an inner all corner of said tract and a bend in said road;
THENCE south 38023' 20" east with a fence and a northeasterly line
of said road a distance of 61,96 feat to a steel pin on a
northerly boundary line of a City of Denton Sewage Treatment Plant
tract described in a deed from h',T, Evers at al in Volume 4s3,
Page 260, Deed Records of Denton County, Texas;
THENCE south 49438' west with a north boundary line of said City
tract a distance of 11.88 feet to a steel pin at an angle;
THENCE north 88°061 west a distance of 60,0 feet to a steel pin at
the west northwest corner of said City of Denton tract;
THENCE south 1054' west along and near a fence a distance of '19,0
to a steel pin and fence corner at southwest corner of said city
of Denton tract;
THENCE north WSW 41" west with a fence and a south boundary
line of said 430.140 acre tract a distance of 693,69 fast to a
steel pin at a fence corner angle;
THENCE north 87°49' 09" west with a fence a distance of 19391
feet to the Point of Beginning and containing 12,43 acres of land,
which is classified as light Industrial 'ILI" District Classifi-
cation Use under the Comprehensive Zolring Ordinance of the City of
Denton, Texas is hereby changed and a Specific Use Permit is
hereby granted for the use of said property for a municipal sewage
treatment plant.
rho Zoning map of the City of Denton, Texas, adopted the loth
day of January, 1969, as an A pendlx to the Code Dl' Ordinances of
the Cit, of Denton, Texas under Ordinance No, 69.1, be, and the
same is hereby amended to show such change in District
Classification and Use.
SECTION I1
Shat the City Council of the City of Denton, Texas hereby
finds that such change is in accordance with a comprehensive plan
for the purpose of promoting the general welfare of the city of
Denton, Texas, and with reasonable consideration, among other
things for the character of the district and for its pe;:uliar
suitability or particular uses, and with a view to conserling the
value of the buildings, protecting human lives, and enc)uraging
tf,u !most appropriate Uses 4f land foi the Ia.IllrtlUai Oelll:tli t2 the
~1C Jf Ue iiC Olli 't e:\1s, allu Its .;ltitens.
~•1 4.1,1;1 JF Ul:.\IIJ.\•1'.ilrh I•UUrC
, 1 1
SECTlUN I11,
That this ordinance shall be in full force and effect
immediately after its passage and approval, the required public
hearings having heretofore bean hold by the Planning and 4o%4 n&
Commission and the City Council of the City of Denton, Texas,
after giving due notico thereof.
PASSED AND APPROVED this the day of , 1983.
KILMARU U. ,1 ALAYUK
CITY JF DENTON, TEYAS
AT TEST
,
Zv
CITY 'UF DENTON, TE1r,S
APPROVED AS TU L6GAL FORM;
C. J TAYLOR, Jk., CITY ATTORNEY
CITY OF DENTON, TEXAS
J-.'~'llII OF JI;:,ioo VAu~ 'riiL
CITY OF DNNTON
WHORANDUM
TO: Mayor and Members of the City Council
I
FROM: Charlotte Allen, City Secretary
DATE: September 1, 1983
SUBJECT: Back-up Materials for Agenda Item #3.G
The notification for the public hearing on the 1983-84 budget
has been published. There is no written back-up material for
this agenda item.
Thank you.
Ct1`-&r_1ott7e Allen
ca
0999C
t41L
NO.
AN ORDINANCE MENDING ARTICLE IV "TAXICABS" OF CHAPTER 26 OF THa
COUB OF ORDINANCES OF THE CITY OF UEN'I00 TEXAS, BY AOUING A NE"t
SECTION 26•S2.1, EXEMPTING LIMOUSINES FROM THE REQVIREFibXr$ 0:
VEHICLE, LETTERING ANU Tf,XIMBTERS, AND UECLARIN6 AN BFFEC'FIY:
DATE.
THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS:
PART I.
That Article IV "Taxicabs" of Chapter 26 to the Code o;
Ordinances of the City of Denton, rexas, is hereby amended 'z
adding a new Section 16.52.1 to read as follows:
Section 24.52.1 • LIMOUSINE EXEMPTION
Notwithstanding the provisions of Section 26-SO and
Section 26.52 of this Article, it shall not be
mandatory that a motor vehicle operated as a limousine
service and charging a set trip fee or an hourly foe,
by advance reservation, to have the name of the owner
or trade name printed or affixed to the Boor or rear of
the cle or be required to have a taximeter
installed in such vehicle, provided that all trips or
hourly fees shall be filed at all times with the City
Secretary of the City of Denton,
PART II.
That this ordinance shall become effective imimediately ur,:.
Its passage and approval.
1 AR . S i , nA R
CITY OF DENTON, TEXAS
ATTEST:
CHARLOTTE XI- LEN, CITY ShMiAKY
CITY OF DENTON, TEXAS
APPnOVLIl AS TO LEGAL ',~URM:
C. J. rAYLOR, JR., CITY ATTORNEY
CITY of DEN'WN, WAS
JL>
NO,~
AN ORDINANCE WHpREBY THE CITY OF yDENTON) ,MAS, GRANTS THE
I TNBHTSOUTHWSgST,GEGRANTEE RAN ANIDEITSCRAS0RSLEANDpNHJ$0GgtiMV TO
01
aOO~URUCU~DBAREC~~BRU Al' 4CRMpM
S KB P BLI,I ST~t~H B TS PENVAV iN
! ALLEYS, BRIDGES, VIADUCTS AND PUBLIC IIGROUNDS OF SAID CITY, SUCH
STRUC1tURSSLANb F5ICXTURESuVB~BSS'ARY0ORUCON'VKVIINTTFUR RB,\D~TLONEOF
TELEPHONE AND OTHER COKMM CATION SERVICE ANU FOR CONDUCTING a
I GENERAL LOCAL AND LONG DISTANCE TGLEPHONB BUSINESS; SETTING
E FORTH CONDITION'S ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING
FOR AN ANNUAL PAYMENT IN LIEU OF CERTAIN OTHER PAYMENTS;
PROVIDING FOR REGULATION AND USE OF THE rELEPHONS SYSTEM; AND
PROVIDING FOR THE REPEALING OF CONFLICTING ORDINANCES AND 'OR
PARTIAL INVALIDITY,
;iHSREAS, General Telephone Company of the Southwest,
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 this city limits of the City of
Denton, Texas, hereinafter referred to as the "City", and in
furtherance thereof, has erected and maintained certain items of
its plant; and
WHEREAS, it is to the mutual advantage of both the City and
the Telephone Company that an agreement should be entered into
between 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, rZiXAS,
THAT;
SECTION 1, GRANT OF RIGHT, PRIVILEGE AND FRANCHISE FOR
CONSTRUCTION AND MAINTENANCE OF TELEPHONE
PLANT AND SERVICB
There is hereby granted by the City to tho Telephone Company
.:nd its successors or assigns, the right and privilege to
construr,t, erect, build, equip, own, maintain and operate in,
e along, under, over and across the streets, alleys, avdnues,
bridges, viaducts and public grounds now within the present
limits of the City and within saic limits as the same from time
to tine may be extended, such posts, poles, wires, cables,
conduits and other appliancas, str•Jetures and fixtures necessary
or con v en Iaat for rendering telephone and other communication
s:r,i:es and :or conductn3 a general locai ano long distance
raldPnone ous:ness.
a$CTI~ ON II, SUPERVISION BY CITY OF 60CATION OF POLLS AND
CONDUIT
That all poles to be placed shall be of sound material and
rsa•, m~ibIy straight, and shall be so sot that they will not
interfere with the flow of water in any gutter or drain, eid so
that the same will interfere as little as practicable w!th the
ordinary travel on the street or sidewalk, The loea,aion and
route of all poles, stubs, guys, anchors, conduits snd 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 .he
Telephone Company within the limits of the City under this
1 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 be
delegated. All construction plans shall be submitted to ;he
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 s reasonable time
after the completion of the wore; to as good a condition as
before the commencement of the work and maintained to the
satisfaction of the City Council, or of any City official to
whom such duties have been or may be delegated, for one year
from the date of the surface of said street, alley, highway or
public place is broken for such construction ar maintenance
work, after which time the responsibility for the maintenance
shall become the duty of the City, No such street, alley,
highway or public place shall be ancumbered for a longer p•riod
than shall be necessar,,' co exacute the work,
SECTION IV. OPERATION AND !IAINTENANCE OF TELEPHONd PLANT
That the Telephone Company shall maintain it!i system in
reasonable operating condition in accordance with Texas public
~4~F.
Utility Commission Service and Transmission Standards at all
normal times during the continuance of this agreemont. An
exception to this condition is automatically in effect r.-hen
service furnished by the Telephono Company is interrupted,
Impaired, or prevented by fires, strikes, riots or other
occurrences beyond the control of the Telephone Company, or by
storms, floods, or other casualties, in any of which events the
Telephone 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
shall remove or raise or lower its wires within the City
temporarily to permit the moving of houses or other bulky
structures, The expense of such temporary removal, raising or
lowering of wires shall be paid by the benefited party or
parties, and the Telephone Company may require such payment in
advance, The Telephone company shall be given not less than
iorty-eight (43) hours advance notice to arrange for such
temporary wire changes. The clearance of wires above ground or
rails within the City and also underground work shall conform to
the basic standards of the National Electrical Safety Code,
National Bureau of Standards, United States Department of
Commerce, as promulgated at the time of arection thereof.
SECTION VI, TREE TRIMMING
That the right, licanse, privilege and permission is hereby
granted to the Telephone Company, its successors and assigns, to
trim trees upon and overhanging the streets, alleys, sidewalks,
and public places of the City, so as to prevent the branches of
such trees from coming in contact with the wires or cables of
the Telephone Company, and when so ordered by the City, said
trimming shall be done under the supervision and direction of
the City Council or of any City official to whom said duties
have been or may be delegated,
SECTION VII. AjNNUAL CASH CONSIDERATION TO BE PAID BY THE
TELEPHONE COMPANY
That to indemnify the City for any and all possible damages
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 ouperintendence of this
agreement, and as the cash consideration for the same, the
Telephone Company agrees to pay to the '.ity annually during the
continuance of this agreement a sum of money equal to two
percent (21) 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 within the
corporate limits of the City. The first payment hereunder shall
be made March 31, 1984, and shall equal In amount to two percent
(21) of the gross receipts received from ties date of January I,
',983 to December 31, 1983; and thereafter payment shall be made
annually on March Slat, as herein provided.
SECTIU"! VIII, OPFYANY OTHER SPAY ENTSBEXCEPT USUAL voiNERAL
OR SPECIAL AD VALOREM TAXES
That the City agrees that the consideration set forth In the
preceding section hereof shall be paid a,ud received in lieu of
any tax, license, charge, fee, street or allay rental or any
other character or charge for use and occupancy of the streets,
allays, and public places of the City; in lieu of any pole tax
or inspection fee tax; it, lieu of any easement or franchise tax,
whether levied as an ad valorem, special or. other character of
tax; and in lieu of any imposition, except as provided in
Section XIVV 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 if 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 Telephone Corpany's
obligations, iE any, to pay any such taxes, licensett, chargis,
fees, rentals, and easement or franchise taxes.
r.C ,
SECTION 1X, FACIL1TIRS TO 88 FURNISHED CITY AS ADDITIONAL
CONSIDERATION
That in addition to the consideration set forth in Section
VII, the Telephone Company shall hold itself ready to furnish,
sub}sct 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 polo, The location on the poles of this fire and police
wire space shall be determined on specCfic applications for
space, at the time the applications are received 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 ics 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 suc!i manner as not to Interfere with,
nor create undue hazard in, the operation of the telephone
system of the Telephone Company, Tne Telephone Company shall
not be responsible to the City for any claims, demands, losses,
suits, juegments for damages or in;uries to persons or property
by reason of the construction, maintenance, inspection or use of
the police and fire 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 enginseringly feasible. If
light or power attachments are desired by the City or for the
City, then a further separate nonconcingent agreement shall be a
prerequisite to such attachments by the City; however, joint use
of pules under a separate agreement must be permitted, Nothing
PAGfi ;
herein contained shall obligate or restrict the Tolopone Company
in exercising its right voluntarily to enter Into pole attach-
ment, pole usage, joint ownership, and other wire space anc
facilities agreements with the light and power companies ano
with otherwise using companies which may be privileged is
operate within the City.
SECTION XI, NO EXCLUSIVE PRIVILEGES CONFSRRBD BY THIS
ORDINANCE
That 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 tr'.c
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 t t
parties hereto and upon their respective successors and assigns.
SECTION X1II. LIABILITY OF CITY
That during the period this or.iinance is in existence an.
enjoyed by the Telephone Company, the Telephone Company shat:
indemnify and hold harmless the City from any and all claims f:r
losses, damages and injuries occasioned to or sustained by a:y
persons, firms or corporations, or their property by reason :f
the existence, maintenance, operation or continuance of this
ordl.nanee and the exercise of all rights herein contracted fcr,
except as herein otherwise provided.
SECTION XIV, PERIOD OF FRANCHISE
That the right, privilege and franchise hereby granted sna::
be for a period of twenty (20) years from and after ::s
affective date herein after provided.
SECTION XV, BREACH OF AGREEMENT
rf the City shall believe that the Telephone Company ::as
breached any provision hereof, the City shall give written
notice theroof to the Telephone Company specifically point.,-.s
out the breach complained of and the City shall take no fur :.tier
action, legal or otherwise, by reason :f any such breach un:tss
PAf F h
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 RBPBAL PROVISION
That if any section, sentence, clause, or phrase of this
ordinance is for any reason held to be illegal, untra vtrss or
unconstitutional, such Invalidity shall not affect the validity
of the remaining portions of this ordinance and agreements in
conflict herewith are hereby repealed.
SECTION MI. DELEGATION OF AUTHORITY
That the ,l%y may delegate to a designated official or
officials the exercise of any and all of the powers conferred
upon the City hereby or by appl,icabl.e State statutes and laws
which relate to the supervision and regulation of the Telephone
Company In Its exercise of the ri;hts and franchises herein
conferred, but the governing body of the City shall reserve to
itself exclusively and to the full ascent 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 lawful
powers not delegated by the governing body of the City are
reserved to, and shall he exarcised by, said governing body
exclusively.
That at all reasonable times, during the continuance of the
rights herein granted, the local exchange and general offices of
the Telephone Company shall be apen to the said governing body
or its designated official for inspection of original contracts,
books of account and cost operating records pertaining to its
operations covered by this franchise, Any method of accounting
heretofore or hereafter adopted or authorized by any law of the
United States or of the State of Texas or under or pursuant to
the authority of any such law shall be deemed proper and
sufficient accounting as to all mattors covered thereby,
SECTION XVIII, RATE REGULATION
That it is mutually understood and agreed that any
regulation or fixing of rates to oe charged by the Telephone
PAGE 7
I,
Company to this 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 Scdte in
effect at such tlmesl provided, however, that if the Telephcne
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.
SECTION XVIX, ACCEPTANCE OF AGREEMdNT
That the Telephone Company shall have sixty (60) days frcn
and after the passage and approval of this ordinance to file its
written acceptance thereof with the City Secrecary, and upon
such acceptance being filed, this ordinance shall take affect
and be In force from and after the date of its passage a.^,d
approval by the ,Mayor, and shall effectuate and make binding tae
agreement provided by the terms hereof,
PASSED AND APPROVED this the day of 1983.
PASSEL' AND APPROVED this the day of 1983,
PASSED AND APPROVED this the day of 1983,
MiARD 0. STEWART MA-M
CITY OF DENTON, TEXAS
ATTEST:
CHARLOTFE ALLEN,
CITY OF DENTON$ TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTO1N, TEXAS
BY: 1 tz-'-~ '4a
I
PAGE 4
T~
NU.
AN ORVINA,VCK kiliNIIIVG SECTION 23.2(a) OF 1111i CUUU OF URDINANCq
OF TIM MY UP UIINTONI TENAS TO MOVIUE hUR A SIX tb) NBRCENT
I'Ax OF 'THE CUNSiARArIUN PAIV BY UCCUPANTS OF A HU'IBL ROOM IN
T11b CITY OF DOWN, rUNAS, PROVIDING FOR AN WiFECTIVE VAI'L OF
UCTUBSR 1, 1983.
I'HE COUNCIL OF rHlz CITY OF DBN'fUN HEK&BY ORDAINS;
SECTION 1.
Section ~3.2(a1 of the Code of Ordinances of the City of
Denton is hereby amended so that the same sliall hereafter reau
as follows;
(a) there is hereby levied a tax up,n the cost of occupancy
)f any room or space furnished by any hotel where such cost
of occupancy is at the rata of two dollars ($2.UU) or more
per day, such tax to be equal t, six (o) percent of the
consideration paid by the occupant of such room to such
hotel,
EC'I'I0N II.
Phis ordinance shall become offective from and after October
I, lia3.
PASSED AND APPROVED this tnd day of 1983.
XT`MR 1) U . STEF'M T.-WW-
CITY UP DENTON, rhAAS
ArrtST:
u'H tLI , IS a, .
CIT) UP Uli`'MN, l'Exd.S
APPKUVLD AS TO LIIGAL FORM:
C. J. MYLOR, JR„ CITY M rORNby
CITY OF UGN'I' N, fhXt
8Y; -
ORUISANCE•PAGE SULU
Donton County Historlotll Commission
C4urthomw on N $"we. 2nd P1oar
Now, Toxv 74201
Mani 417/044.1447 1
O ~V~l 41µ.1M~~11111y
Aliguat 91 1983
Mayor Richard 0, Stewart
Mombers of City Council
2710 Crestwood
Denton, Tenas 76201
Dear Mayor Stewart and Members of the City Councils
On behalf of the Denton Cultural Confederation and the Denton County
Historical Commission, mny I express our appreciation to you for your
consideration of the Increase of the hotel/motel tax In order to ald the
cultural arts, historical preservation and restoration to assist in pro-
moting tourism for the City of Denton.
None of us can accomplish much as separate organizations, bus: together
we have made great progress with the initial funding, We feel like the,
"sky is the limit" if the additional funding is received.
Please find enclosed a summary of the continuation of and additional
projects for the Historical Commission, We do encourage you to Increase
the hotel/motal tax to benefit the citizens of Denton and Denton County,
Sincer<)ly,
Z n
)Vlontio A, Jenkins
Chairman
I;NC s
Denton County HisteriC41 Commission
Caurthwe# On the Square, 2nd Floor
Donton, Texas 70901
Phony 11 7 /060 1 48 7..,..,
HSSLOJKICAI_' PR~.S IKLI AION_AND RN.STOR!1Ll l'1t0_~I:C_CS
ADUITIONAI. FUNUIN~+ V1(r1 LA1.OR FUNDS
CONTINUATION OF VROJFCI-'S and ADDITIONAL
--source, for historical research and genealogy. Numerous out of
AC~ltiv8-
town people come here to conduct research.
2. Courthouse on the S uatro MuAOUmt Attendance increase of 63% (March-July) from
1982 to 1983.
A. Developing brochure with (inventions/Tourlsm Bureau focusing on
cultut'al and historical 9A.01 in Denton County
11, Museum Studies! Free cl.assu, to citizens. Maximum 14 per sassion,
Both adult and children series
(1) Cleaning of Paintings IIo A6i,.op--14 attonded, Wednesday noon hour
(2) History of Developing of Paper Making, Relief Printing, Spinning
and Natural Dyeing--Children's-series, 3 sessions, Fourteen parents
up within 1st hour of registration--had 32 on walting list. especially pleased because had beer. taking their children to Pt. Worth.
(3) Christmas Ornament Making in conjunction with Victorian Christmas,
(4) PIonday's at the Museum--brown bag lunch, Guest lecture series
to be held during the noon hour during the month of September, 1983.
C. Develop and expand distribution of traveling exhibita--shopping centers,
mall, bank lobbies, schools.
D. Special. exhibit on llistoricnl Markers and Cultural Sites with the Conven-
tion/Tourism booth at Nc,,eh Texas Vair in August of 1983.
L. Contact with both Flower Mound and Lewisville Chamber of Commerce, Will
prepare a colunn for mot,thly newletters.about places to visit in Denton.
F. Brochures will be distributed at all area motels and to Newcomers Club
members.
C. Special projects and programs to be developed for Texas Sesquicentennial,
11, Mu, now open from .l to 5 i'M, Monday through Friday end 1 to 5 PM on
Saturday and Sunday the second weekend of each month to be more accessible
to tourists and local citizens,
1. Applying for scholarly research grants for cemeteries, Ray Roberts Lake
which can be developed into permanent exhibits.
J. Victorian Christmas at the Courthouse on the Square
3, Historical Commission Activities:
A. Continued publication of. Denton County related history in books, phamplets,
brochures, etc.
B. Continued marking of historical sites and structures.
C. Establish research center (archival program) for Ray Roberts lake with
artifacts, exhibits and documentation,
D. Contingent on approval of North Texas Fair Board, hope to establish
permanent exhibits (barns, log cabin, farm equipment) at the Fairgrounds.
Structures and equipment to come from Ray Roberts Lake project.
`7 r ~CITY UN D4Yr0N
`ibiMORANOUM
.
UArH UN AhUTING; September 6 1983
CITY COUNCIL AGE+NUA II'Lbi (USE bXACT WURUINU AS IThM IS 1'O RE
PLAGbD ON A61:+NUA)
Adoption of new minimum housing and building stanaards ordinance
SUMMARY
The proposed ordinance would replace the existing ordinance
which the City Attorney's office has said was inadequate,
Proposed Ordinance is much more derailed concerning legal
procedures for enforcement of code.
FISCAL SUMMARY
Adoption of proposed ordinance should not cost the City ar..N-
money nor should it produce any revenuo.
ACTION REQUIREU;
Adoption by City Council
ALTERNATIVbS;
Leave ordinance as is
STAFF RECOMME+NDATIONS
The City Building Code board has reviewed the proposed
ordinance and recommends that it be adopted.
EXHIBITS;
MINUTES
BUILDING CURB BOARD
DBCBhlBIiR 2, 1982
Prasent; Bob Miller, Delbert Overstreet, Johnny Mozingo,
Building Official
Absent, Robert Horn, Mike Lewis, Cliff Reding, lid Stout
I, Motion was made by Mozingo and seconded by Overstreet to
approve the minutes of November 11, 1982, Motion carried
unanimously,
1. Uverstreet stated that fie had three questions concerning
the proposed Minimum (lousing and Building Standards
Ordinance The first question was in reference to section
$.55 which states in part that unvented fuel-burning
heaters shall not be permitted. Overstreet asked if this
was in reference to the primary heating system in a
building or did it also include kerosene heaters, It was
the opinion of other Board members that this section does
apply to the primary heating system and would not Include
kerosene heaters, The Building Official stated that this
section came from the mechanical code and related to
unvented, gas tired space heaters and that the mechanical
code does not regulate kerosene heaters.
Overstreet"s second question related to section 5-58(j)
whir.h concerns hazardous or unsanitary premises.
Overstreet sug*ested that the phrase, in the opinion of the
Building Official or his representative be adde7 at the end
of this section, Other Boar T mem ers agreed.
Overstreet's third question concerned the need for a
statement in the code which would give the Board the
ability to waive any or all procedures required by the
code. Overstreet was concerned about the possibility that
a person whose property was found to be substandard might
for some good reason not be able to be present at the
hearing or be available to file an appeal within the time
period allowed by the ordinance. Other Board members
agreed with Overstreet. Miller suggested that such a
statement might be inserted in section 5-63 by adding a
subsection (d).
Motion was made by Miller and seconded by Mozingo that the
Board recommend to the City Council the adoption of the
proposed Minimum Housing and Building Stl,Iards Ordinance
with amendments as suggested by Overstreet contingent upon
approval of amendments by the City Attorney. Motion
carried unanimously,
Meeting adjourned at 4,55 p.m.
ND.
AN ORDINANCE R$FEALINO THE 8XISTING MINIMUM HOUSIIIG AND BUI40ING
STANDARDS CODE; ENACTING A NEIY MINIMUM HOUSING AND BUILDINt
STANDARDS CODE TO PROVIDE FOR MINIMUM STANDARDS FOR ALL HOUSiNu
AND BUILDINGS; TO PROVIDE FOR PROCEDURES FOR REPAIR OR ABATEMENT
OF DFFECTIVB OR SU W ANDARD HOUSING OR BUILDINGS; TO PROVIDE FOR
A PENALTY OF TWO HUNDRED DOLLARS FOR VIOLATIONS THEREOF; TC
PROVIDE FOR A SEVERABILITY CLAUSE; AND TO PROVIDE FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL UP THE CITY OF DENTON, TEXAS:
SECTION I.
Pllat Article IV of Chapter $ ("Minimum Housing and Building
Standards") of the Code of Ordinances of the City of Denton,
Texas, is lierebv repealed,
SECTION 11.
That a now Article IV of Chapter 5 of the Cods of Ordinances
oe the City of Denton, Texas, Is hereoy adopted to read as
follows:
ARTICLE IV.
MINIMUM HOUSING AND BUILDING STANDARDS
DIVISION 1. GENBRAL PROVISIONS
SECTION 5.14 . Title of Article
This article shall os known as the Minimum Housing an
Building Standaras Code.
SECTION 5.45. LEGISLATIVE FINDING OF FACT
It is hereby found and declared that tnere exists in tna
City of Danton, Texas, structures used for human habitation and
non-residential purposes, wnicn are or may oecome in the future,
Substandard, diizpidated or unfit for human iiaoitation it :.I
respect to structure, equipment, or maintenance; and further
that 5uch conaitions together with rhad equate provision f:-
11 j h t and air, insufficient protection against fire 'n a,ar.is.
lac l: of proper neating, insanitary :onditions, and overcrowdi'.i
i !)nstitUC3 J menace to the o931in, 5aietT, '.eiiare, a'..
reasonaole :ome)rt of its iti-ens. Iz is fur Cher found 3".1
declared Cadt Lha existance OC 5ucn conditlJns, fact.,$,
churacteristlcs ;,III, if not remedled, credte sium and Oilgntaa
PAGE I
areas requiring large scale clearance; and iurthe r that, in the
absanca of corractiva.vioasura3, such areas will exporteneo a
date rioratton of social values, a .urtallment of tnvestmant and
tax revenue, and an lmpairmont of economic values. It is furthor
found and declared that the astabltshmont and maintonanco of
minimum structural and any IronmentaI standards are 4ssent ial to
the prevention of blight and decay and the safeguarding e,f
public nealtn, safety, ana welfare,
SECTION 5•46, PURPOSE OF ARTICL2
The purpose of this article is to protect the public health,
safety, and welfare of the aititans of the City of Denton,
Texas, by ostaolishiag minimum stanaards governing the
constructton, use, occupancy, and ,maintonanca of all buildings;
establishing minimum standards governing utilities, facSlittes,
and otner physical components and conditions essential to maks
all buildings and structures safe, sanitary, and fit for human
use habitation; fixing certain responsibilities and duties of
owners, operators, agants, and occupants of all buildings;
autnoriting and establishing procedures for tha inspection of
all ouIIdings ana the condemnation ana vacation of those
buildings unfit for human use, occupancy, and habitation, and
fixing penalties for the vialation of the provisions of this
article. This articla is hereby ieclarea to ba remedial Ina
essential to the public Interest, and it is intended that this
articla be liberally construed to efioctuate the purposes as
stated above.
SECTION 3•44. Definitions
For the purpose of this articla, certain terms, pnrasas,
or ds and their derivatives snall be construed as speeifiea
aiclter this section or as specified in the Building Code. ~+ii are
items are not deflned, cney shall nava their ordinary accapt~;
neanings within cha context with which they ire used
l1i Board is cne 3uiAIino Co,;a aoard Jf the Clty of
lienton, Foxas.
I
?AGL
(1) utldin$ Code is the uniform Building Code pmnul-
tew a}f'R~' International Conturance of Building
fflclals as adopted, as amended, by the City of
Denton, Texas,
(3) a ~ffi~c~lo_rcc _Dwell in Unit Is a dwelling unit con,
calm only -iha nu6ita01a room and ,meeting the
require'nants of Section i•Sltcl.
mechan :al Code Is the Uniform tlechanieaI Coda
.1CaQ pr the International Conference of
ullding Officials as adopted, as amended, by the
city of Denton, Texas,
•
(S} Plumbing Coda is the Uniform Plumbing Code prumul-
gated by the International Association of Plumbing
and Mechanical Officials as adopted, as amended,
by the eICy of Denton,
(h} Electrical Code is the National Electrical Code
promo gate ny the National Fire Protection
.Association as adopted, as amended by the City of
Denton,
SECTION 3.4$. ENFORCEMENT
(a} Enfor:in4 Officer, The ouwlding official, or his
representative, is hereby authorized and directed to enforce the
provisions of this article,
(b) Right of Entrv, h'henever necessary to make an inspection
to enforce any of the provisions of this article, or .+hanever
the building official has reasonable cause to oalieve that there
exists in any 5uilding or upon any promises any condition or
violation which makes such building or premises unsafe, dangerous
or hazardous, the building offl:ial may enter such 'DU IIAIng or
premises at all reasonable times to inspect the same or to per -
form any duty imposed upon the building official by this articIa,
provided criat if such 'euiId Ing or premises be occupied, ne ~shal:
first present proper credentials and request entry; and if such
building or premises oe unocuipied, he shall first make a
reasonable effort to locate the owner or other persons navini
charge or control of the ouilding or premises ana request
entry, If such entry is refused, the building official shat:
have recourse to avery remedy provided by law to secure entry,
(c) Responsibilities Defined, Every owner remains iiab;e
fur vlokatlons of Junes imposed upon him by this article eve.
t,nough the owner nas, oy agreement, imposed un the occupant :he
PAGE 3
duty of furnishing required equipment or of complying %Ith this
article,
Svory owner, or 1115 agent, in addition to being respcnsibls
for maintaining his building in a sound structural ;onaition,
shall be responsible for keeping that part of the building or
promises which he occupies or controls in a clean, sanitary and
sofa condition including the shared or public areas in a ouild-
ing containing two or more iwelltng units.
(d) Violations. It shall oe unlawful for any person, firm
or corporation to erect, construct, enlarge, alter, r!pair, ,move,
improve, convert or demolish, equip, use, occupy or maintain any
building or structure, or cause or permit the same to be dona or
oxist on property or premiss in violation of this article Eaca
day a violation of this article occurs is a separate oifansa ana
is punishable by a fine of up to Two Hundred Dollars ($200.00).
SECTION 5.49 iCOPS
(a) Application. Tno provisions of this article shalt apply `
to all buildings or portions thereof used, or dasignao or
Intenaed to oe used or occupied. such uses or oc,:upaneies
existing buildings may oe continued as provided in Chapter I
the Building Code, except such structures as are found to ee
substandard as oefinad in this article.
Where any building or portion thereof is used or intended
be used as a combination apartment house-hotel , the provisions
of this article shall apply to the separate portions as if tha
'wera separate buildings,
Every rooming house or lodging house shall cn„piy with a!:
the requirements of this article for dwellii:gs,
.Alteration. Existing buildings whim are aitereu „
enlarged small be -naoe to cohf~rm to t,nis article insofar as
new •.:ork is concerned and in accordance +ith Chapter i of .he
3uilding Code,
( c ) AeIoeation . 3i,iidtngs or structures noveo into
thin this jurisdiction 3na1'. comply -itn all applicab:e :ooes
for new ouildings and structures.
i
PAGE
DIVISION iI
MINIMUM STANDARDS
SECTION $-SO, MINIMUM STANDARDS FOR CONTINUED
USE AND OCCUP.L40'
All buildings and portions thereof shall conform to the
minirium standards for contliiued use and occupancy sot forth in
this Division H.
SECTION i•Sl, SPACE AND OCCUPANCY REQUIREMENTS
(a) Courts, Every court shall De not less than 3 feet in
width, Courts having windows opening on opposite stdes shall be
not less than 6 feet in width, Courts pounded on three or more
sides oy the walls of trio ouIIding shall be not lass than l)
f a a t in length unless bounded on one and by a street or yard.
For buildings more than two stories in height the court shall oe
increased 1 foot in width and feet in length for eac3
additional story, For buildings exceeding la stories In height,
the required dimensions shall oo ecnputad on the basis of 11
stories,
adequate access shall be provided to the bottom of a1
courts for cleaning purposes. Every court gore than two stories
in height shall be provided with a horizontal air intake at th9
bottom not less than 10 square feet in area and leading to the
i
exterior of the building unless aoutting a yard or puoli:
space, The construction of the air intake shall b,s as required
for the court calls of the building, but in no case shall be
less than one•nour fire-resistive.
b) y:aiiing Jalghts. Habitable space snail nave a caili.,g
height of not less than 1 feet o inches except as otherwise
permitted in this sac tion. Xir:tie ns, halls, bathrooms an:
toilet compart;nents may have a ceiling heignt of not less than
Eaet measured :o :he lowest pro)ection from the ceiling. whe.-
exposed beam ceiling members are spaced at Less than 3.S incnas
on :entar, ceiling height snaII oe *ieasurad to the ootton
PAGE i
these members, where expoeed beam coiling members aro spaced at
Jg inane$ or more on conter, coiling height snalI be measured to
the oottom of the deck supported by these memoirs provided that
the bottom of the men,bers is not loss than 7 feet above the
floor.
;f any room in a building has a sloping coiling, the
prescribed ceiling height for the room is requireo in only one.
half he area thereof. No portion of the room measuring less
than 3 Poet from the finished floor to the finished ceiling
shall bo included in any computation of the minimum area thereof.
If any room has a furred coiling, the prescribed ceiling
height is required in two-thirds the aria thereof. but in no
case shall the neignt of the furred coiling be less than 7 foot.
(c) Floor Area, Every dwelling unit shall have at least on*
room Ankh snail nave not less than 130 square feet of floor
area. Other haoitable rooms axeapt kitchens shall have an arts
of not less than 70 square feet, where mare than .wo persons
occupy a room used for sleeping purpo34s the required fiaor arcs
sha11 be increased at tha rate of 50 square feet for eacr.
occupant In excass of two,
EXCEPT 1O14: Nothing in this section shall prohibit
the use of an efficiency living unit within an
apartment house meeting the following requirements;
1. The unit shall 'nave a living room of not less
than 220 square feet of superficial floor
area, An additional l0O square feet super-
EIcial f loor area shall oe provided for each
occupant of such unit ir, excess of two.
The wilt shall oe provided w itii a separate
closat.
3. The unit shall be provided with a :atelier, sink,
cooking appliance and refrigeration facilities,
each having a clear working space of not lass
than 30 inclies in front, Licht and Ventilation
conforming to this article mall oe provided.
s. Tha unit snail oa provided with a separac.,
bathroom containing a 'water :lo set, lavatory
and oathtub or shower.
a. 'Width, No nabitaola room other :nan a '.xitchen
E
5'na1 oe less than 7 feet in any dimension,
PAGE 6
Sach water closet stool shall be located In a clear space
not lass than 30 inches in width and i clear space in front of
water closet stool of not less than dd inches shall be provided,
SSCTION S•51 LIGHT AND VSNTILATION
( a ) Naturai Light and Ventilation, MI guest rooms,
dormitories and habitable rooms within a dwelling unit shall be
provided kith natural light by means of exterior glazed openings
%ith in area not less than one•tenth of the floor area of eucn
rooms with a minimum of 10 square iaet,' All bathrooms, water
closet compartments, laundry rooms and similar rooms shall be
provided with natural ventilation by means of operable exter tor
openings with an area not less than one•twentisth of the floor
t
area of such rooms with a minimum of 1.12 square feet,
(b) Or:; in of Light and Ventilation. Required exterior
apentngs for natural light and ventilation shall open diract'
onto a street or public allay or a yard or court located on to
same lot as the building.
EXCEPTION; Required windows may open into a
roofed porch 4here the porch:
1. Abuts a street, yard, or court; and
L. Has a ceiling heignt of ~.ot less than 1 feet;
an l
3. Has the longer side at least 65 percent open
and unobstructed.
A required window in a service room nay open into a vent
shaft miicn is open and unoostructed to tae sKy and not less
than feet in least dimension, No vent shaft shall extant
through more than two stories.
For the purpose of determining light and ventilation require-
cents, any room may he considered as a portion of an ad) oinin;
room .rnen one. naIf or the aria of the ;ommor. wall is open ana
unobstructed and proviaes an opening of nut less than ane•tent,
of cne floor area of the interior room or ZS square raet, wn iC
aver is ;rAa:er,
(c) '•Iec'uiiniaal enc11ation, In lieu of r e q uir'. d extert
PAGE 7
openings for natural ventilation, a neehanical ventilation sys-
tem nay be provided. Such systam shall to capable of providing
two air changes per hour in all guest rooms, dormitories, habit-
able rooms and in public corridors, Ono•flith of the air supply
shall be taken from the outside. In b4tnrooms, water closet
compartments, laundry rooms and similar rooms a mechanical
ventilation system connected dIroctly to the outside, capable of
providing five air changes par hour, shall oe provided
td) Hal wa,9. A) i public hallways, stairs and other axIt -
ways shall be adequately lighted at all times in accordance witn
:hapter 53 of the Building Code.
SECTION 5A$3. SANITATION
(a) Dwelling Units. Every !walling unit shall be provided
with a batnroom equipped with facilitlas consisting of a water
eiosae, lavatory, and either a bathtub or shower.
(b) Hotels. W h a r a private water closets, lavatories and
oaths are not provided, there shall be provided on each floor
for each Sax at least one eater closet and lavatory and one bat.i
iz-es3i6le from a public haIAway , Additional ratar closets,
lavatories and baths shall be provided on aacn floor for aach
sex at the rate of one for every additional can gusts, or
fractional rumber thereof in excess of ten. Such facilities
shall be clearly marked for "glen" or "'Women".
(c) kitchen. Each dwelling unit snail be provided with i
kitchen. Every kitchen shall be provided 41 t;1 a kitchen sink.
.ioodan sinks or sinks of similarly acsorbant .aterial shall nct
Se pernittad.
(d) Fixtures. All plumbing fixtures shall be connaccad to a
sanitary sewer or to an approved private $a,-age disposal system.
.,li plumbing fix Wras shall be connaccad to in approved systav
of ,atar supply and 1rovided with iiot and coil running Tatar
necessary for its normal operation.
All plumbing fixtures snal'I be of an approved g:ar.ed aart',en
,Aare type or of a similarly ndnabsoroent natarial.
PAGE I
(a) avatar rlosdt g~rnpartments. walla and floors of water
.1 1~
closet compartments analI be finished In accordance 'with Chapter
I' of the Building Code,
( f ) Room Separations, Every water closet, bathtub or shower
required by this article shall be installed %,4 a room 'which will
afford privacy to the >eeupant, A room in which a water closet
as located shall be saparatr+d from food preparation or storage
rooms by a tight fitting door.
(g) Installation and Maintenance. All sanitary facilities
shall be installed and T,aintained Ill safe and sanitary condition
and in accordance with all Applicable laws,
SECTION S-SS,, STRUCTURAL. REQUIREMENTS,
(a; General. Buildings or structures may be of any type of
construction permitted by too Building Coda. Roofs, floors,
walls, foundations and all other structural components of build.
toga shall be .apablo of resisting any and all forces and loads
to which they may be subjected. All structural elements shall
Se proportioned and joined in accordance ~Ith trio stress
li,aitations and design ritv.is as specified in the appropriate
sections of the Building Code. Buildings of every permittea
type of construction .shall comply with the applicable require-
monta of the Building Code,
(b) Shelter. Every bualding shall be weather protected ao
as to provide shelter for the occupants against the elements and
to exclude dampness,
(c) Proticti)n and Materials AtI wood shall be protected
against termite damagi and decay as provided in the 6u11din~
Code.
SECTION S-SS HEATING AND VENTILATION
(a) .'iaatin. every dwelling unit and guest roorn shall oe
provided with heating facilities capable of maintaining a ro,±a
temperature of 7Uo'r. at a point 3 ceet above the floor is .1
'iLi bitaale roans, SuCta caciiit.e6 ;nail 'oe iastalla6 aria nain-
ta713d in a fare Gondit:on an!', in 3C,: Ordance with C'iar ter 1i
P.~GE Y
the 3uiIding Code, the moo nanieal Code, and all other appli.
cable laws. Unvented fuel burning heaters shall not ba
permitted. AtI heating devices or appliances shall be of an
approved type,
(b) Electrical;~Equipment . All electrical equipment, wiring
and appliances shall he installed and maintained in a safe
nanner in accordance with all sppiieable laws. All electrical
equipment shall be of an approved type,
Lc) Ventilation, Ventilation for rooms and areas and far
fuel burning appliances shall be provided as required in tat
'Mechanical Code and in this article. Where mechanical venti-
lation is provided in lieu of the natural ventilation require:
oy this article, such mechanical ventilating system shall :e
maintained in operation during the occupancy of any building
portion thereof,
SECTION S - 3 6 . 8X ITS
very dwelling unit or guest room shall have access direct:
to the outside or to a public corridor. ,iii buildings
portions thereof shall Se provided with exits, exitways at
appurtenances as required by Chapter 33 of the Building Code.
Every sleeping room below the fourth story shall nave a:
least one operable window or exterior door approvod for emergamc.
egress or rescue, rho units mall be operable from the Inside
provide a full, clear opening 'without the use of separate tools.
All egress or rescue windows from sleeping rooms shall nave i
ninimun net clear ooening of S.' square feet. The minimum a::
clear opening ;!eight dimension shall be 24 i,;ches. The mtntncn
net clear opening width dimension shall be :0 inches. ii here
co.s are ~ rovidad as a means of egress or ingress they snail
have a finlsned sill height not ,pore than 14' incnes above ..e
:loor.
SECTION 3•i'. PtX8 PREVENTION
Ail buildings or portions thereof snail oe provided witn
Jegree of fire•resistive -.onstructian as required oy clie Buila,.-.;
I
PAGE 10
Code for the appropriate occupancy, type of construction and
location on property; and shall be provided with tna appropriate
fire extinguishing systems or equipment required by Chapter 33
of the Ruilding Coda,
DIVISION Iii,
SUBSTANDARD BUILDINGS
SECTION i-iB, DEFINITION
(a) General, Any building or portion thereof including any
dwelling unit, guest room or suite of rooms, or the premises on
which the same is located, in which there exists any of the
following listed conditions to an extent that endangers the
life, limb, health, property, safety or welfare of the public or
the occupants thereof, shall be deemed and hereby is declarea t:
bo a substandard building,
( b ) Inadequate Sanitation, Inadequate sanitation sha11
Include but not 'oe limited to the following:
1. Lack of, or improper water closet, lavatory,
bathtub or shower in a dwelling unit.
Lack of, or improper water closets, lavatories
and bathtubs or showers per number of guests in
a hotel,
3. Lack of, or improper kitchen sink.
J, Lack of hot and ,told running water to plumbing
fixtures in a hotel or :Hotel.
i. Lack of hot and cold running water to plumbing
fixtures in a dwelling unit,
6. La,:k of adequate 'heating facilities,
Lack of, or improper operation of required
ventilating equipment.
3. Lack of minimum amounts of natural 1t;ht and
ventilation required by this article.
Room anti space ii,mension; less than required oy
this article,
10. Lack of requirea electrical lighting and power.
11. Dampness of habtta'ble rooms,
12. Iafostation of insects, vermin or rodents as
determined by the ouflding official or health
officer,
i3. General ilapiaation or improper nain tenanee•
PAGE 11
1♦, Lack of connection to required sewage disposal
system,
15. Lack of adequate garbage and rubbish storage
and removal facilities as determined oy the
building official,
(c) Structural Hazards, Structural hazards shall include but
not be limited to the followir%gi
1. Deteriorated or inadequate foundations,
2. Defective or deteriorated flooring or floor
supports,
1. Flooring or floor supports of insufficient size
to carry Imposed loads with safety,
J. Members of walls, partitions or other vertical
supports that split, lean, list or buckle due
to defective material or deterioration,
S, Members offwalls, partitions or other vertical
supports that are of Insufficient size to carry
imposed loads with safety,
b. .Members of callings, roofs, tailing and roof
supports or other hori:ontal neabers which sag,
split or buc'<la due to defactive •aatev%al or
deterioration,
1. Members of ceilings, roofs, tailing and roof
supports or other horizontal members that are
of insufficient size to carry Imposed loads
with safety.
g, Fireplaces or chimneys which list, bulge ov
settle, due to defective ma teria1 or
deterioration,
9, Fireplaces or chimneys which are of Insufficient
siza or strength to carry Imposed loads with
safety,
(d) Hazardous Wiring. AlI wiring except chat which conformed
with all applicable laws In affect at tha time of Installatior,
and which has been maintained in good condition and is baiag
used ;n a safe manner.
;a) Hazardous ?lumbiqA, dil plumbing except chat which
conformeo with all applicable laws in eii.ct at the tine o;
installation and wnieh has 'Dean maintained in good Condition Ana
Ahich is fr as of cross -connections a nd siphonage Detwe a'A
f ix tur as,
i} ~iazardous Mechanical Sat.ipmant. ill mechanical equip -
i
ment, including vents, except Ina: whicn conformud h,th I
PAGE 11
i
applicable laws in affect at the time of installation and which
has boon maintained in good and safe condition,
(gi Faulty weather Protection, which shall inCtuae but not
i
be limited to the fo.lowing;
1. Detortoratod, crumbling or loose plaster.
2. Deteriorated or ineffective waterproofing of
exteri•sr walls, roof, foundatons or floors,
including broken or missing windows or doors,
1. Defective or lack of weather protection for
exterior wall coverings, Including lack of
paint, or weathering due to lack of paint or
other approved protective covering.
4. :roken, rotted, split or bucklad exterior wall
coverings or roof coverings.
(h) Fire Hazard. Any building or portion thereof, devlee,
apparatus, equipment, combustible waste or vegetation which, in
tiie opinion of the chief of th-s fire dopartment or his deputy,
is in such a condition as to cause a ;Ire or axplosion r
provide a ready iuel to augment the spread and In tans Ity of firs
or explosion arising from .,ny cause
(t) Fault Materials of Construction. All materials of
construction except thas o xhich are specifically allowed ur
approved by this code and the Building Code, and which nave he en
adequately maintained In good and safe condition.
(j ) Hazardous or Unsanitary Promises. Those premises ~n
which an accumulation of weeds, vegetation, junk, dead organic
matter, debris, garbage, offal, rat harborages, stagnant water,
combustible materials and similar materials or conditions
constituta fire, health or safety hazards in the opinion of t,ie
building official or his designated representative.
k) inadequate 'Maintenance. Any building or portion there-
of which is determined to be an unsafe ouilding in accordance
Aitn Chapter ? of tna Building Code,
(li Inadequate Exits. All buildings or portions thereof n:t
provided with adequate exit facilities as required by this
article except those buildings jr portions thereof whose ex i:
facilities conformed with all applicable laws at tiie time
PAGE 13
their construction and which have been adequately maintained
and increased in relation to any increase in occupant load,
alteration or addition, or any change In occupancy,
When an unsafe condition exists through lack of, or
improper location of, exits, additional exits may be required
to be installed,
(m) Inadequate PI Li Protection or Fire•Fi0 tint Equipment,
AlI buildings or portions thereof which are not provided with
the fira - resistive construction or fire-extinguishing systems
or equipment requires by this article, except those buildings
or portions thereof which conformed with all applicable laws at
the time of their construction ana whose fire resistive
integrity and IIre•extinguishing systems or equipment have been
adequately maintained and improved in relation to an Increase
in occupant load, alteration or addition, or any change in
occupancy,
(n) improper OccuoanSX.all buildings or portions thereof
occupied for living, sleeping, cooking or dining purposes whicA
were not desiined or intended to be used for such occupancies,
DIVISION IV.
PROCEDURES
SECTION 5.59, NOTICES AND ORDERS OF BUILDING OFFICIAL.
(a) Commencement of Proceedings, wherever the building
official nas inspectea or caused to be inspectea any building
and has found and determined that Such building is a
substandard building, he shall commence proceedings to cans:
the repair, vacation or demolition of the building,
(b) Notice and Order. The building official shall issue i
notice and order directed to the record owner of the building.
The notice and order shall contain:
1. The strear addre,ts or a legal description
sufficient for identification of the premises
upon which the ouilding is located,
A statement that the nuilding official has found
the building cc oe suostandard pith a brief and
concise description of the .onditions found to
PAGE 11
render the building substandard unaer the
provisions of this article.
A statement of the action required to be taken
as determined by the building official,
a, If the building official has determined that
the building or structure must be repaired,
the order shall require that all required
permits be secured therefor and the work
physically commenced within such time (not to
exceed 60 days from the data of the order)
and completed within such time as the
building official shall determine is
reasonable under all the circumstances,
b. if the building official has determined that
th-a building or structure must be vacated,
the order shall require that the building or
structure shall be vacated within a time
certain from the date of the order as
determined by the building official to be
reasonable,
c. ti tno building of fieial - has determined that
the building or structure must be demolished,
the order shall require that the building be
vacated within such time as the building
official shall determine is reasonable (not
to exceed 60 days from the date of the
order); that all demolition permits required
be secured therefor within 60 days from the
date of the order, and that the demolition be
completed within such time as the building
official shall determine is reasonable.
4. Statements advising that if any required
repair or demolition .rork (without vacation
also being required) is not commenced within
the time specified, the building official
will order the building vacated and posted to
prevent further occupancy until the work is
completed.
S. Statements advising l) that any person
having any record title or legal interest in
the building may appeal from the notice and
order or any action of the building official
to the Building Code Board, provided the
appeal is made in writing as provided in :his
article and filed with the builuing official
within 50 days from the date of service of
such notice and order; and i2i chat failure
to appeal wi11 constitute a waiver of all
right to an adininistrativa hearing and
determination of the matter.
c) SERVICE OF NOTICE AND ORDER
Tne notice and order, and any amended or supplemental noti:t
and order, shall be served upon the record owner and posted
the property; and one copy thereof shall be served on eacn
the fal1Owing if known to the ouilding official r disclos.+c
• I
PAGE 15
r
from offlcial public records: the holder of any a:ortgage or deed
of trust or other lion or encumbrance of record; the owner or
holder of any lasso of record; and the holder of any other
estate or legal interest of record in or to the building or the
land on which it is located. 'rho failure of the building
official to serve any person raquirad herein to be served shall
not invalidate any proceedings hereunder as to any other person
duly served or relieve any such person from any duty at
obligation imposed on him by the provisions of this article.
(d) METHOD OF SERVICE
Service of the notice and order shall be made upon aIi
persons entitled thereto either personally or by mailing a copy
of such notice and order by certified mail, postage propaid,
return receipt requested, to each such person it his address is
it appears on the last real property assessment roll of a loci"
taxing authority or as is otherwise known to the building
official. If no address of any such person so appears or is
known to the building offlcial, then. a copy of the notice ano
order shall oe so mailed, addressed to such parson, at tye
address of the building involved in tiie proceedings. Tye
failure of any such person to receive such notice shall eat
a i f a c t he validity of any proceedings taken under tyis
article. Service by certified mail in the manner herein
provided shall be effective on the date of nailing.
SECTION i•00. RECORDATION OF NOTICE AND ORDER
If compliance is not had with the order witnin the
specified therein, and no appeal nas dean properly and timely
fildd, the ouilding offlcial shall file in the Deed Records
the Offi.e of the County Clark a certificate describing :ne
property and certifying ll) that the building has lea 471
ioterniried to Oe a substandard ouilding by the ouilding official
and i2) that the owner nas oeen so notified, wnenever tae
corrections ordered shall thereafter have oeen completed or :h -j
Juilding demolished so that it no longer exists as a substandara
PAGE 16
bui14Ing on the property described in the certificate, the
building official shall file a new cartificate with the County
Clark certifying that the building has been demolished or ai:
required corrections have been made so that the building is no
longer substandard, wnichevar is appropriate,
SECTION S•61. REPAIR, VACATION AND 0840LITION
( a ) Standards to be Followed, The following standards steal;
be followed oy the building official (and oy the Building Coda
Board if an appeal is taken) in ordoring the repair, vacation ar
demolition of any dangerous building or structure:
1. Any building declared a substandard building
under this article shall either be repaired In
accordance with the current Building Code or
shall be demolished at the option of the
building owner,
2. If the building or structure is in such
condition as to make It immediately dangerous
to the Iifa, limb, property or safety of the
publlc or its occupants, it shall be ordered to
be vacated.
SECTION i•62 NOTICE TO VACATE
(a) Posting, Every notice to vacate shall, in addition
being served as provided in Section 5.59 be posted at or ups:
Bach exit of the building and shall ae to suostantially ""t
following form:
00 NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy tnis ouilding,
or to remove or deface this notice.
9UILDING OFFICIAL
CITY OF DENTON, TEXAS
(b) Comoliance, 'whenever such notice is posted, the oui:.-
ing official shall include a notification thereof in the not-.::
and order issued by him under this article, reciting
emergency and specifying the conditions wnich necessitate
posting. No parson shall remain in or enter any building An:_.
has been so postad, except that entry nay oe made to repa:~
de;aolish or remove such ouilding under permit, No person sha..
remove ar deface any sucn notice after it is posted until
required repairs, demolition or removal have oetn :onpletea a~:
I
PAGE I,
a Certificate of Occupancy issued pursuant ,o the provisions of
the Building Code,
SECTION 8.61, APPEALS
(a) Form of Appeal. Any person entitled to service under
Section 5.84(e) may appeal from any notice and order or any
action of the building official under this article by filing at
the Office of the Building Official a written appeal and filing
fse of Twenty Dollars ($20.00). The appeal shall eontainl
1. A heading in the words: "Before the Building
Code Board of the City of Denton, Texas".
2. A caption reading: "Appeal of giving
the names of all appellants paa rTipating in
the appeal.
3. A brief statement setting forth the legal Inter-
est of each of the appellants in the building
or the land Involved in the notice and order.
4. A brief statement in ordinary Ind concise
language of the specific order or action
protested, together with any ma;arial facts
claimed to support the contentions of the
appellant,
S. A brief statement in ordinary Ind concise
language of the relief iougnt and the reasons
why it is claimed the protested order or action
should be reversed, codified or otharwise sac
aside.
6. The signatures of all parties named as appel -
lants and their official mailing addresses,
1. The verification (oy declaration under panaIty
of perjury) of at least one appellant as to the
truth of the matters stated in the appeal.
The appeal shall be filed within 30 lays from the
date of the service of such order or action of the
building official; provided, however, that if the
building or structure is in such camdttion as to
make it immediately dangerous :o +ha life, limb,
property or safety of the public or a(I)acent
property and is ordered vacated and is posted in
accordance with Section 5.62, such appeal shall be
filed within 10 days from the date of the service
of the notice and order of :he ouilding official.
('p) Processing of .appeal. Upon receipt of any appeal fil:;
pursuant to t n I s article, and recaipt of the filing fee, ;e
oui'A ding official shall present the appeal at the next regular
or special ieeting of the 3uilding Code 3oard.
ic) Schedulinj and Noticing Apoeal for hearing, As Sddn s;
p raC ticadle after receiving the ~r itten appeal the Budding 1:044
PAGE la
Board shall fix a date, time, and place for the hearing of the
appeal by the board. Such date shall be not less than 10 days
nor more titan 60 days from the date the appeal was filed wit-,
the building official. Written notice of the time and place of
the hearing shall be given at least 10 days prior to the date of
the hearing to each appellant either by causing a copy of such
notice to be delivered to the appellant personally or by mailing
a copy thereof, postage prepaid, addressed to the appellant at
his address shown on the appeal,
SECTION 5.64, SCOPE OF HEARING ON APPEAL
Only those matters or issues specifically raised Dy tA.3
appellant shall be considered in the hearing of the appeal,
SECTION 5.65. STATING OF ORDER UNDER APPEAL
Except for vacation orders made pursuant to Section 5.61,
enforcement of any notice and order of the building officta.
issued under this article shall be stayed during the pendency of
an appeal therefrom which is properly and timely filed.
SECTION 5.66, PROCEDURE FOR CONDUCT OF HEARING APPEALS
(a) Hearing Sxaminers, the board may appoint one or more
hearing examiners or designate one or more of its members
serve as hearing examiners to conduct the hearings, Ta
examiner hearing the case shall exercise all powers relating
the :onduct of hearings until it is submitted by him to the
board for decision.
(b) Record A record of the entire proceedings shall De
wade by tape recording, or by any other means of permanent
recording determined to be appropriate by the ooard,
(c) Reporting, The proceedings at the hearing shall also
-spurted oy a reporter of requested by any party thereto.
transcript of the proceedings shalt De made available to a::
parties upon request and upon payment of the fee prescri,e:
therefor.
(d) Continuances. The board may grant continuances for i;,:-
cause shown; however, ,hen a nearing examiner has peen ass,.gne.
PAGE 19
to such hearing, no continuances inay be granted except by htat
for good cause shown so long as the matter remaiis before him,
(a) Oaths-Certification. In any proceedings under this
artIcIo, the board, any board member, or the hearing examiner
has the power to administer oaths and affirmations and to
certify to official acts,
(f) Reasonable Dispatch. The board and its representatives
shall proceed with reasonable dispatch to conclude any matte-
before it, Due regard shall be shown for the convenience ana
necessity of any parties or their representatives,
SECTION 3.61. FORM OF NOTICB OF HEARING
The notice to appellant shall be substantially in the folio.-
ing form, but may include other information;
"You are hereby notified that a hearing will be held be-
fore the Building Code Board, at on the
day of , i3 at the hour oe
upon the not caa-d -3rder served upon you. You may5e
present at the hearing. You .may be, but need not be,
represented by counsel You may present any relevant
' evidence and will be given full opportunity to cross-
examine all witnesses testifying Against you. You may
request the issuance of subpoenas to compel the
attendance of witnesses and the production or books,
documents or other things by filing An affidavit
therefor with the Building Code Board (or name of
hearing examiner),"
SECTION 3.68, SUBPOENAS
(a) Filing of Affidavit. The board or examiner may obtai:
the issuance and service of a subpoena for the attendance
witnesses or the prodk,ction of other evidence at a hearing upart
the requst of a member of the board or upon the written dema:.i
of any party. The issuance and servica of such subpoena Ana'..
oe obtained upon the filing of an Affiaavit therefor An:-
states the name and address of the proposaa ~,Jtness: Ape :Ekes
the exact things sought to oe produced and the material
thereof in detail to the issues involved; and states that
witness nas the desired things In its possession or under
control, A suopoena need not be issued when the uffidavi: .
defective in any particular.
PAGE ld
(b) Cases Referred to Examiner In cases where a hearing is
referred to an examiner, all subpoenas shall be obtained through
the examiner,
(c) Penalties. It shall be unlawful for any person to refuse
without lawful excuse to attend any hearing or to produce mate-
rial evidence in his possession or under his control as required
by Ti), subpoena served upon such person as provided for herein.
SECTION 3.69. CONDUCT OF HEARING
( a ) Rules. Hearings need not be conducted according to the
technical rules relating to evidence and witnesses.
(b) Oral Evidence. Oral evidence shall be taken only on
oath or affirmation.
(c) Hearsay Evidenca. Hearsay evidence may be used for the
purpose of supplementing or explaining any direct evidence, but
shall not oe sufficient in itself to support a finding unless It
would be admissible over objection in Civil actions in courts of
competent jurisdiction in this State,
(d) Admissibility of Evidence. Any relevant evidence shall
be admitted if it is the type of evidence ort (hich responsible
persons are accustomed to rely in the conduct of serious
affairs, regardless of the existence of any common law or
statutory rule which might ,'hake improper the admission of such
evidence over ob)action in civil actions in courts of competent
jurisdiction in this State,
!eJ Exclusion of Evidence. Irrelevant and unduly
repetitious evidence shall be excluded.
(f) Rights of Parties, Each party shall have these rights,
among others:
I. to ca 11 and examine 41 tnessas on any matter
relevant to the issues of the hearing;
2. to Introduce documentary and physical evidence;
'o cr0ss•axamine opposing witnesses on any
matter relevant to the issues of the hearing;
i, To impeach any witness regardless of wnicn
party sirit caked nim to testify;
PAGE 2 l
's, To re'out the evidence against him;
5, To represent hlmso.f or to be represented by anyone
of his choice who is lawfully permitted to do so,
(g) Inspection of the ?remises. The board or the hearing
9.xaminar +nay inspect upon notice to all parties any building or
premises involved in the appeal during the course of the hearing,
SECTION S•70, METHOD AND FORIM OF DECISION
( a ) Hearing before Board Itself, where a contested case is
heard before the board itself, no menbor thereof who did not
hear the avidencs or has not road the entire record of the
proceedings snail vote on or take part in the decision,
('o) Hearing oefore Sxaminer. If a contested case is heard
by a hearing examiner alone, he shall within a reasonable time
not to exceed 90 days from the data the hearing Is closed)
su'omit a written report to the board, Such report shall contain
a brief summary of the evidence considered and state the
examiner's findings, conclusions and racommendations, The
report also shall contain a proposed decision in such form that
it may be adopted by the board as its decision in the case. A11
exam iLor Is reports filed with the board shall be matters of
public record. A copy of each. such report and proposed aecis ion
shall be mai lad to each party on the date r.hey are filed with
the board.
Consideration of Ye port by Board-Notice, The board
shall fix the time, data and place to consider tha axaminer's
report and proposed decision. Notice thereof small as iai lad to
each interested party not lass than live Gays prior to the late
fixed, in lass it is Otnerwise stipulated 'oy all of the parties.
la) Exceptions to ZeDOrt. Not later than two days 'oofore
the date set to consider the report, any party nay file i,rtttan
exceptions to any part or ail of :na examiner's report and may
attach thereto a proposal aac ision togetner pith written
?AGE 22
argument in support of such decision By leave of the boara,
any party may present oral argument to the board,
(e) Disaosit3on by the Board. The board may adopt or re)ect
the proposed decision in its entirety, or may modify tai
proposed decision,
(f) Proposed Decision Not Adopted, If the proposed dectsiar,
is not adopted as provided in Suosection (e), the 'ooard ma,
decide the case upon the entire record before it, with or wit,n•
out taking additional evidence; or may refer the case to the
same or another hearing examiner to take additional evidence.
the case is reassigned to a hearing examiner, he shall prepar-
a report and proposed decision as provided in Subsection b hereof
after any additional evidence is submitted, Consideration
such proposed decision b;• the board shall cumply with the provi -
sions of this section.
(g) Form of Decision, The dacision shall be in writing ani
shall contain finding3 of fact, a determination of the issu-s
preadntad, and the requirements to ba compliad with. A copy
the decision ehall be delivered to the appellant personally :r
sent to him by certified mail, postage prepaid, return recei::
requested.
(h) effective Date of Decision. The effactive date of t..e
decision shall be as stated therein,
SECTION 5.71, DDIOLITION ORDERED•HEARING 10 BE HELD
IN ALL CASES
(a) Hearing Roquirea. In cases here the ouilding officio:
has determined :hat a ouilding or structure snould oa damoli;h?.,
a hearing before the Building Code Board shall ie 'neld regar_-
less of whether or not an appeal from such uetermination as
peen flied o;r any person
(o) Notice If Hearini. Notice of the tiearing shall oe gi:- r,
as in cases wnere an appeal nas oeen fiieo, In ado ition , ..e
Secretary of the Board s0aii pause a notice to be pubiishea in a
newspaper of general circulation in the City at least ten
PAGE 23
days prior to the scheduled hearing data. The published notice
shall be directed to any person having any interest in the
property, stating the names of such persons, if known. The
notice shall include;
1, The street address and a legal description
sufficient for Want if icatiON of the premises
upon which the building is located.
statement that the ouilding official has
found the building locatoa thereon to be
substandard and to constitute a hazard to the
health, safety and welfare of the citizens,
1, A statement that a hearing will Da hold before
the Building Code Board on a date and time and
at a place therein +peciiied to determine
whether the building should be demolished in
accordance with the notice and order of the
building official.
te) Nearing Procedure. The hearing shall oe held in aecor~
dance with Section 5.66, as in cases where an appeal from the
building official's order has oeen filed.
(d) Determination Required to Demolish. A notice and order
to demolish a building shall be issued on)y in those cases ,,here
the board after the hearing has determined that the building is
dilapidated, substandard or unfit for human habitation and that
the ouilding constitutes a hazard to the health, safety and
welfare of the citizens, ;he board shall make its daterminat~,on
and d a c i s i o n in accordance with p r o c a a u r a s 5f Section 5.10 as
though in appeal has oeen filed.
(a) Notice of Demolition.
1. notice by Mail. n'henevor the Board has determined
that a building should be denolisneo, t n a ooards notice and
order shall oe sent to all record owners, interested parties of
record or other persons known to nave an interest in the proper:.
informing such persons of the Board's iete:nination and :hat,
;pursuant t.i said determination, the 5uilding wi11 'oe demolisheoa
1'he notice shall 9 t 3 t a that the costs of denoilu on shall ;z
assessed against the property, All notices snail be writ
registered or pertified mail, return receipt requested.
Not Ice by Publication. a 3oaition to the torego
tna ouilding official shall cause td de published :n a
PAGE :4
nowspaperof local circulation, prior to the beginning of
demolition, a notice of the board's determination, The notice
shall contain a description of the location of the property and
shall state that the building on the premises will be demolished
and that the cost of demolition will be assessed against the
property,
SECTION 5•12. PERFORJWNCE OF MiOLITION
When any demolition 14 to be done pursuant to this article,
the building official shall cause the work to be done by city
personnel or by private contract unuer the supervision )f the
building official, ,all contracts for demolition work shall be
entered into pursuant to procedures specified by ordinance or
state law,
SECTION S•71, RECOVERY OF DEMOLITION COSTS
The building official shall keep an itemised account of the
expense incured by the City of Denton in the demolition o,: any
building dons pursuant to this article and the entire costs of
demolition, less any salvage value recovered, shall iie levied,
assessed and collected by the Office of the Building Official,
Upon completion of the demolition, a privileged lien, second
only to tax liens and liens for street improvements, shall )e
filed and perfected against the property on Nnich the demolition
occurred. The cost levied against the property snail include
One Hundred Dollar ($100.00) administrative fee. The ouild.n;
official snail send a notice to the owner of the prenises
requsting payment ) f the demolition a)sts s;ithin thirty ;;v'
days of the date of the notice, any such assessment rerrainini
unpaid after thirty (30) days from ,he date of notice shat:
become delinquent and shall bear ;nterest at ten percint riot
per annum. The amount of the assessment snail )e subject to .,,e
same procedure and sale in case )f delinquency is provided .
the laws of the State of Texas for real property taxes.
SECTION i • 7 J . OUECI IONS i 0 ASSESSMENT
Any person interested in or aifectad oy an tssessinent levte:
PAGE 25
against property as a result of any demolition work may file a
written protest or objection with the Building Code Board,
specifically stating the grounds of such objections The board
shall within a reasonable time review the assessment and the
grounds for ob}actions and may ad)ust the amount of such
assessment in accordance with any errors made in calculating
such assessment,
SECTION ltI.
That Section 5 •7S through Section S•174 of Chapter S of the
Code of Ordinances of the City of Denton, Texas is hereby
reserved for future use,
SECTION IV,
That if any sectlon, subsection, paragraph, sentence,
clause, phrase or word in this ordinance, or application thereof
to any person or circumstance is held invalid by any court of
.ompetotat )urisdlction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the
;icy Council of the City oe Dencon, Texas, hareby declares it
would have enacted such remaining portions despite any such
invalidity,
SECTION V.
That any person violating any of the provisions oe this
ordinance shall, upon conviction, be fined a sum not exceeding
Two Hundred Dollars (5200,00); and each iay and every day that
the provisions of this ordinance are viola tad shall constitute a
separate and distinct ofeanse. This penalty is in addition to
and cumulative of, any other remedies as :nay oe availacla at law
and equity.
SECTION VI
That this ordinance shall >eccme effective fourteen 1111
4as from the date of its pa SS aria the V1 C;1 Secretary 15
nerebv directed Co cause the Caption Of t n I S Or,{inance C0 be
PAGE 16
published trice in the Denton Record•Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of
the date of its passage.
PASSED AND APPROVED this the day of 193J,
RICHARD 3THWART , KAY,
CITY OP DENTON, TEXAS
.ATTEST ;
CHARLUTTh a. 3 e ,
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM!
C. J. TAYLOR, JR.. CITY ATTORNEY
CITY OF DENTON. MAS
EY:
PACE 27
CITY OF DENTON
MIiMURANDU,\l
DATE OF MEETING: September 65 1983
CITY COUNCIL AGENDA ITEM (USE EXACT WORDING AS ITEM 15 TO BE
PLACED ON AGENDA)
Amend City Plumbing Code
SUMMARY:
Proposed amendments will: (1) Adopt the appendices of the 197:4
Uniform Plumbing Code. (2) Require insulation of water ana
waste piping subject to freozing. (3) Give plumbing inspector
authority to require water test on certain plumbing fixtures.
(4) List specific materials which may be used for waste piping.
Eliminates the phrase or other approved materials (5) Same as
(4) above except (5) applies r,, water pip :'-`fig: (6) Provides
alternative method of providlu; combustion air for gas
appliances
FISCAL SUNWARY.
Adoption of proposed amendments shoulo not cost the City any
money nor should it produce any revenue.
ACTION REQUIRED:
Adoption by City CenllCil
ALTERNATIVES:
Leave ordinance as is
STAFF RECOMMM)ATIONS:
The Plumbing and Mechanical Code Board has reviewed the
proposed amendments and recommends adoption.
HXlliB1T;;
n t. ae~4
'9
' MINUTES
PLUMBING AND MECHANICAL CODE BOARD
JULY 16, 1981
Presents Pete Work, Bill Burley, Paul Williams, Bob Widmer and
Building Official
Absent: George Becker, Bob Sullivan and Jerry Jones
1. It was moved by Burley and seconded by Williams THAT THE
MINUTES OF MAY 14, 1981 BE APPROVED AS WRITTEN. Motion
carried unanimously.
2. It was moved by Williams and seconded by Widmer to GRA.\'T
MR, VIRGIL STRANGE A VARIANCE FROM SECTION 904(b) OF TH1
PLUMBING CODE CONCERNING ACCESS PANELS AT BATH TUBS IN A
HOUSE LOCATED AT 2006 LAUREL STREET. Motion carried
unanimously,
• 3, It was moved by Burley and seconded by Widmer TO AteND
SECTION 1212(x) OF THE PLUMBING CODE TO READ AS FOLLOWS :
ALL GAS PIPING USED FOR THE INSTALLATION, EXTENSION,
ALTERATION, OR REPAIR OF ANY GAS PIPING SHALL BE STAN D.A,"
WEIGHT WROUGHT IRON OR STREL (GALVANIZED OR BLACK), YELLOW
BRASS (CONTAINING NOT MORE THAN SEVENTY-FIVE (75) PERCEN's
COPPER), OR INTERNALLY TINNED OR EQUIVALENTLY TREA-1-ED
COPPER OF IRON PIPE SIZE. APPROVED PE PIPE MAY BE USED IN
EXTERIOR BURIED PIPING SYSTEMS. Motion carried unanimously,
4. It was moved by Williams and seconded by Burley TO APPRC!%E
ITEMS ONE THROUGH SEVEN ON THE ATTACHED SHEET FOR
AMENDMENT, DELETION OR ADOPTION AS INDICATED. Motion
carried unanimously.
Meeting adjourned at 5:00 p.m,
Pra ,posed Amendments to Plumbin Code
1
11 Amend section 315(f) of the 1979 UPC to read as follows
No soil ar waste pipe shall be installed or permitted
outside of a building or in an exterior wall unless where
necessary adequate provision is made to protect such pi e
from freezing, All water piping run in an exterior wall,
attic or crawl space shall be adequately insulated to
protect from freezing,
2. Amend section.401(a) of the 1979 UPC to read as follows:
Drainage pipe shall be cast iron, gllvanized wrought iron,
lead, copper, brass, AaS or PVC having a smooth and uniform
bore, except:
(1) that no galvanized steel pipe shall be used
underground and shall be kept at least six (6) inches
(152.4 mm) above ground,
(2) ABS or PVC installations are permitted in buildings
not exceeding three (3) stories in height.
3. Amend the first sentence of section 401(b) to read as
follows: Drainage fittings shall be of cast iron,
malleable iron, lead, brass, copper, AB5 or PVC.
4. Amend the last sentence of section 318.2(b) of the 1979 UPC
and the last sentence of Article T, section 1,7-2 (a) (4) to
read as follows All fixtures designed to retain water,
such as lavatories, sinks, bath tubs, laundry trays, etc.,
sh_31l be filled with water to the overflow level and shall
retain same for fifteen (15) minutes without leakage when
requested by the plumbing inspector.
5. Adopt appendix of 1979 UPC as recommended by the Plumbing
and Mechanical Code Board at their meeting of March 19,
1980 and as stated in section 322(b) of the 1979 UPC.
6. Delete section 904(b) of the 1979 UPC.
7. Amend the second sentence of section 1004(a) of the 1979
UPC to read as follows: Water pipe and fittings shall be
of brass, copper, cast iron, galvanized malleable iron,
galvanized wrought iron, galvanized steel or lead.
Schedule 40 PVC having the National. Sanitation Foundation
seal and the letters PW may be used for cold water
distribution systems outside a building.
8, Amend section 1212 of 1979 UPC.
M I N U T 4 S
Plumbing and Mechanical Code Board
November 10, 1982
PRESENT; Pete Work, Bob Widmer, George Becker, Paul Williams,
Bob Sullivan arrived at 4;30, Ray Bunting, Jackie Doyle
ABSENT; Jerry Jones
1) Paul Williams was sworn in by Margaret Green.
2) It was moved by Becker and seconded by Williams that the
minutes of March 2S, 1982 be approved as written, Motion
carried unanimously,
3) Williams commented that he would like for the Board to
consider the use of backflow preventers similar to those
used in most other area cities for the protection of water
suppies in connection with lawn sprinkler systems.
Chairman, Pete Work asked Charles Bryant representing
Millard Heath and Company to speak to the Board regarding
the use of 8 pounds per square inch gas pressure at Flow
Memorial Hospital. Mr. Bryant asked the Board to permit
the continued use of 8 pounds per square Ihch gas pressure
at Flow Hospital after the gas meter is relocated.
4) The following is a brief summary concerning the natural
gas piping installation at Flow Memorial Hospital which
resulted in Millard Heath and Company's request for a
variance from Chapter 12 of the plumbing code.
Several months ago a 500 horsepower boiler was
installed at Flow Hospital. The boiler Is located
outside the north wall of the existing boiler room.
The gas meter installation is located In the same
general area. After the boiler was installed, it was
enclosed by a metal building, The south wall of the
new building is the north wall of the existing boiler
room. The new building also encloses the gas meter
installation which is a violation of the plumbing
code. Therefore, the gas meter must be relocated, The
existing gas pressure serving the hosrital is 8
pounds per square inch. Ray Bunting, plumbing
inspector, was of the opinion that the plumbing code
did not a,dress gas pressures in excess of 5 pounds
per square inch and informed Millard Heath and
Company that 8 pounds per square inch would not be
permitted in the building, This interpretation
resulted in Millard Heath and Company's variance
request.
page 2 of 3 pages
Considerable discussion followod this request, Widmer
asked why the pressure could not be reduced to 5 pounds,
Bryant said that he had checked with the gas company and
was told that their meters would not allow enouggh gas to
pass through at 5 pounds to supply the 34,000 CFH
requirement of the hospital's boilers. Paul Williams said
that he did not see any problem with the use of $ pound
gas pressure in the building. He was aware of other
buildings including a Dallas hospital which i.tsed gas at
pressures in excess of 8 pounds, He was of the opinion
that whatever pressure was needed to operate the equipment
in a building should be permitted Doyle stated that the
National Fire Code would permit gas in excess of 5 pounds
when approved by the authority having jurisdiction and if
the piping had welded joints or if the piping was confined
to a boiler or mechanical room, Bryant gave Board members
a drawing of the proposed piping layout which showed
existing and proposed piping. The Board reviewed sections
1219 and 1220 of the plumbing code and after considerable
discussion agreed that the code did permit gas pressures
inside buildings in excess of 5 pounds when approved by
the administrative authority. George Becker asked Ray
Bunting about an alleged statement he had made to Bryant
and contained i,1 a letter from Bryant to Doyle which
indicated that the City .attorney's office would not honor
any appeal or waiver by the Plumbing Code Board. Bunting
said that he felt his discussion with Bryant had been
misconstrued and that all he had done was ask the City
Attorney for an opinion concerning whether or not the code
allowed the use of gas in excess of 5 pounds per square
inch and that he had not received an opinion yet.
Williams moved and Sullivan seconded a motion to grant a
variance for the use of 8 pounds per square inch gas
pressure at Flow Hospital. Work asked if the gas company
should give the City a letter stating that the gas
pressure would not exceed 8 pounds per square inch. Other
Board members did not think such a letter was necessary
since it was not the policy to require similar letters for
other gas pressures. Doyle asked if a variance was
necessary since the Board was in agreement that what
Millard Heath and Company was asking to do was already
permitted by the code if the administrative authority
approved. Doyle suggested that instead of granting a
variance the Board give their approval. Williams moved and
Widmer seconded a motion to allow Lone Star Gas Company to
furnish gas pressure to Flow Hospital in accordance with
their needs but not to exceed 8 pounds per square inch.
Motion carried unanimously.
S) Doyle gave Board members copies of a memo from him to Rick
Svehla, Assistant City Manager concerning the City
Councils request that permit fees be increased enough to
page 3 of 3 pages
produce a $15,000 increase in revenue over last fiscal
year. The memo indicated that an in rease of the minimum
plumbing permit fee from $10,00 to 12.00 would result in
an estimated revenue increase of $10080, it was moved by
Sullivan and seconded by Becker that the minimum plumbing
permit fee be increased from $10.00 to $12,00. Motion
carried unanimously.
There was a discussion concerning the time required in
making gas inspections and the $4,00 permit fee charged in
making such Inspections, It was the opinion of the Board
and the plumbing inspector that the $4.00 fee was not
adequate. The Board requested the Building Official review
this fee and report his findings to the Board at its next
meeting.
The above mentioned memo also indicated a deeded Increase
in mechanical permit fees. The memo indicates that an j
increase from $11,00 to $17.00 In the basi,: residential
air conditioning permit fee would result in an estimated
revenue increase of $768.00 during the 182•183 fiscal
year. Widmer questioned the justification of a $6.00
increase and asked how many inspections were required for
this type of permit. The Building Official indicated that
two inspections were required. Widmer moved that the
permit fee be increased from $11,00 to $15.00, Motion died
for lack of a second. Becker stated that he would not make
a service call for $8.00. Becker moved and Widmer seconded
a motion to increase the basic residential air
conditioning ,;ee from $11.00 to $17,00. Motion carried
unanimously.
Meeting adjourned ;at 6:00 p.m.
#03448
NI MORANDUM
TO: Rick $vehla, Assistant City Manager
FROM., Jackie Doyle Building Official
DATE; November 8, 1982
SUBJECT; Permit Fee Increases
As a means of collecr;ing an additional $15,000 in permit fits
as directed by the City Council the following permit f:e
changes are proposed.
1, Increase minimum plumbing permit fee Troia $10,00 to
resulting,in an (-stimated revenue increase of $1,080.00,
2. Increase minimum electrical permit fee from $7,SO to $12.:0
resulting in an estimated revenue increase of $11980.00.
3. Increase basic residential air conditioning permit fee fr:n
$11.00 to $17.00 resulting in an estimated revenue increase
of $768,00.
4. Increase sign permit fees krom $10,00 to $20,00 resulti-g
in an estimated revenue increase of $960.00,
5. Increase private swimming pool 'permit Fees from $20,00 ;o
$30.00 and commercial skimming pool permit fees from $30.:0
to $40.00 resulting in an estimated revenue increase :f
$450,00.
n. A new, fee for Certificate of Occupancy inspections sho-.:',d
result in a revenue increase of at least $2,250.00.
7. Last year, 2S7 building permits were issued for Tani-%t
Finish Outs, storage buildings, carports and si.mi?tr
structures resulting in $16,381.00 in permit fees. '`te
present formula for determining permit fees for these ty;'-s
of structures is as indicated in the following cxamp.,::
SOO squa,'a foot storage building, Multiply 500 sq. ft. x
6,50 (constant} = 3,2SO, Take this number and use permit
fee schedule which indicates $20.00 for the first 2,000 - 4
for each additional 1,000 or fraction thereof - $28.:J.
Increase this total by 5010, $42.00, It is estimated t'-.:t
by changing the 6.50 constant to 7.50, an estimated reve.-,e
increase of $21457.00 will result.
Page 2
Permit Fee Increases
9, Building permit fees for all buildings except those listed
in R8 above are calculated in the same manner as those in
k8 except the consta;tit is 11,00. It is estimated that by,
increasing the constant from 11.00 to 13.50, an increase in
revenue of $6,033,00 can be expected,
The total projected revenue increase from items 1 - 9 is
X15,788,00, These proposed increases will be reviewed by the
appropriate boards during the week of November 3, 1982,
Jack Doyle,-, Building Of iic as
~p
f
~b
1
I
~98L
AS ORDINANCE MENDING CHAPTHA 11 OF THE 0008 OF ORDINANCES OF
THE CITY OF D88TON1 THUS, BY ADOPTING THE APPENUICES TO THE
1979 EDITION OF THE UNIFORM PLI)MBING CODE; PROVIDING FUR CERTAIN
DELETIONS AND AMENDMENTS TO THE 1979 EDITION OF THE UNIFORM
PLUMBING CODE; INCREASING X LNCMUM PLUMBING PERMIT FEES AND
DECL.AAING AN EFFECTIVE DATE,
THE COUNCIL JP THE CITY OF UBNTON, 14XAS HEknBY ORDAINS:
PART t
that Paragraph ta', of Sol: tton 1' t, Chapter 11, .+rticle I of
the Code of Ordinances of the City Of Uencon, Texas, is hereoy
amended to road As toIlow$
(a) The untforn Plumbing Coda, 11'9 Edition, and -appendices
A through t thereto, as recommended by tho International As3o-
ciar.ion of Plumbing and Mechanical Uritciait, a copy of wnich
Shall os filed wt th the Office of the City Sacratarv is Document
No. a Ana ba available for public inspection, is 'norebv adoptad
and designated As the plumbing Coda of the City of Uonton,
Texas, the same as though Said ad Itioa of such code And the
appendices thereto were copied At length airein, Suo)sct to the
3o'ations and amendments enumerated iereafter:
111 (No change from Ordinance No, il•.J},
1.11 Amend Section 313 lf) to read:
No soil or caste pipe anal: oe installed or
permitted outside or a building Or in an
i.,~tarior .ra11 unlass adequate provision is maoa
to protect such pipe Erom freezing, A11 Rater
pipiA? rust in an exterior call, attl or crawl
space shall be adequately insulated to protect
from freezing.
No change from lr31iance No, 31.30
3 1 No change Pram Ordinance No. 11 01.
,4 amend iect ion 31 1 ,3(o) :a read:
n1 'Media. the piping of the plumbing, :r ainaYe And
renting systems shall be esteG .ILA rater ~r Air. Ine
admm,nIStrativa Aucnorit•! may cea.iire .ne removal any 4 ido -
auc, a teto asr!rtain If the pressuri ,As r•ACneG .ill )arts if
the iv 3tsm, ?Liter tie, plumbing .ix:uTeS lave een sat AnG their
traps filled ,iitn .Ater, tnav mail Da 3Uarilittad :o a i:nAi
,
i
Cast. All fixtures designed to rota in water, such as Iava -
torles, s inks, bathtubs, laundry trays, et(: sha11 be filled
with water to the overflow level and shall retain sawe for
fIteen (!51 minutes without leakage whon requested oy the
Plumbing Inspector.
{i) Mend Section 401 to read:
(a) Drainage pipe shall be east iron, galvanized steel,
gaivanlzid wrought Iron, laad, copper, Urals, ABS or PVC having
a smooth and uniform bore, axcepc;
{l) That no galvanized steel pipe shall be used
underground and shall be kept at feast slx
(6) inches (Ht.amml above ground,
(tl .CBS or PVC Installations are permitted in
buildings not exceeding thrao (5) stories
in height,
kb) Drainage fittings !hail be of .ast iron, maIIea01a
iron, lead, 'orass, copper, ABS or PVC having a smooth interior
waterway of the same diameter as the piping served and all such
fittings shall conform to the type of pipe used.
(ll Fittings on screwed pipe shall oa of the
recessed drainage type. Burred ands shall
;e*
o reamed to the full bore rf the pipe,
The threads of drainage fittings shall ba
tapped so as tc allow ono faurtn ll/41
inch per foot (.0.) mm/m) grade.
t6) 00 change from Jrdinance ,vo. 31-.0).
(uo ~.hange from Ordinance vo. 3l-'U),
i3) 0o change from Ordinance No it-20).
13,1) Delets Section 904 (b), Connections.
lSo change from Jrdinance No. ii- U).
).1) Amend Section 1004 (a) to read:
ia) Nater pipe and fittings shall oe oe orass, copper,
cast iron, galvanizad mailiable iron, galvanized wrought iron,
galvanized steel or lead. Schedule 10 PVC: naviag the National
Sanitation Foundation seal foliowea oy the letters Pti nay ie
u a a a for cold watar distribution systern s outsida of 'ouildings•
All aaterials used in the water supoly system, axcepc valves and
similar devices shall ie of a it,te natartal, a.xcept. wnere
atier,wtse approved iy the Adminiitrative ;utnori':y,
PAGE
I
(10) (No change from Ordinance No, 81•ZO),
(11) (No change from Ordinance No, 81.20),
(12) (No change from Ordinance No. 8l 201.
(l3) (No change from Ordinance No. 81.10),
11S 1) Amend Section 1212 (a) to read
(a) All gas piping Used for the installation, exten-
sion, alteration, or repair of any gas piping shall be standard
weight wrought iron or steel (galvanized or black), yellow brass
(containing not more than seventy-five (151) percent copper), >r
Internally tinned or equivalently treated copper of iron pipo
site. Approved PE pipe may be used in exterior buried pipin;
systems,
(14)(o)•(14)(c) (NO change from Ordinance No. 81.10).
(14)(d) Alternate methods of supplying combustion air:
In lieu of other requirements, combustion air supple
may be designed in accordance with recognized engineering
principles when first approved by the administrative authority,
PART 11,
That this ordinance shall become effective immediately up:a
its passage and approval.
PASSED AND APPROVED this the dap, of lyit.
RTCRrT U. J iti , MYOK
CITY OF DbSTON, TEXAS
A?TEST:
CHARLOTTE ALLEN, CITY "NETARVYY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J, 'TAYLOR, JR,, CITY A'T1'0RNEY
CITY OF DENTON, 'TEXAS
BY
North Taxa• Higher Education Authority, hte.
201 P, Abram, Suite 750 Arlington, 'fsxas 76b 10.1196 (817) 266.9158
August 17, 1983
Honorable James Riddlesperger, Mayor
City of Denton
Denton City Hall
215 Es McKinney
Denton, Texas 76201
Dear Mayor Riddlespergert
On September 30, 1983, the terms of off tee expire for Places 6 and 8 on the
Board of Directors of the North Texas Hi, her Education Authority, Inc. These
positions are currently held by Mr. Melvin Gouge and Mr. Michael Gratidey,
respectively.
Both Mr. Gouge and Mr. Grandey have graciously expressed willingness to serve
another two-year terra, and at its meeting of August 8, 1983, the Board chose
to recommend the rc-appointment of these individuals, On behalf of the Board,
therefore, I wish to recommend that the City Council consider the nomination
of Mr. Melvin Gouge, Director of Financial Aid at North Texas Stare
University, for re-appointment to Place 61 and Mr, Michael Grandey,
Vice-President and Cashier of U.S. Bank, for re-appointment to Place 8, on the
Board of Directors of the North Texas Higher Education Authority. The new
terms of office for both positions expire on Septembnr 30, 1985.
Please nofify us at your earliest convenience of the City Cousncll.'s actions on
this matter.
The Board of Directors of NTHEA appreciates the continued strong support of
the Denton City Council. We hope that the efforts of the Authority have
produced the hoped for results in your community.
Thank you for consideration of this matter.
Sincerely,
W.11. Nedderman
President
WHN/ld
AGi NDA ADDENDUM
CITY OF DhNTON CITY COUNCIL
Sept:omber G, 1983
1. Appearance by Mr, Bill Cox requesting permission to
bolt nowspaper racks into City of 1)onton sidewalks,
2. Consider approval of Change Order N4, Red River
Construction Company, Hickory Creok Lift Station, for
the Control Building cooling system,
CLR'.fIFICATki
I certify that the 0jovo notice of meeting was posted on the
bulletin board at the City Hall of the City of Benton, Texas,
on the day of , 198 at
O'clock (a.m. (plnl,)
CITY SECRETARY
10070
CITY OF DENTON
MEMORANDUM
TOi C, J, Taylor, City Attorney
FROMi Charlotte Allen, City Secretary
DATEi August 30, 1983
SU13JEellI Request of USA Today to install Newspaper Racks
on City of Denton Sidewalks
Attached please find a getter which Chris received from Mr,
Bill Cox regarding a request for USA Today to install newspaper
racks on City sidewalks, The letter states that these racks
are to be bolted into the concrete. As the sidewalks are City
property, does Mr. Cox need to appear before the Council and
request permission to install these racks! If so, is
permission granted by resolution or by a motion? If Mr. Cox
does have to have Council permission, he would like to be on
the agenda for the September 6 meeting, Please let me xnow how
I need to handle this.
Thank you,
77
Char~otteAlle~-
ca
attachments
l' a
h I~ f (l y 'S f+' jt':i
I;I • ;1 i of (}[MI,
0995C
HT7„H3
1012 Cordoll
383-1995
Dear Mr, Hartung,
I ant r e~ua s tang permission to ins tall USA 'Poda,Y
ne,aspaper racks at the locations listed on the enclosed
permission forms. Also enclosed are written permissions
from the store owners, Newspaper racks already exist at
all t)-ase sites except for the Corkscrew at the corner of
Oak and Ave The proprietor of the Corkscrew aprood
to the placement of a rack on the condition I obtain
permission to bolt it down, He is p~.rticularly concerned
about safety, Bolting the rack to the concrete is the
safest. way to go, and it i.s the way the rack is designod
to be installed, Enclosed is a picture of the rack showing
the metal plate base that is bolted down at each corner.
The installation process consist of drilling four
holes approximately two inches deep and 313's inch
thick into the concrete, I am planning on these being
permanent sites, but if I was asked to move a rack, :I
would patch the holes,
If this matter can be handled from your office
without going; before the City Council, please return a
copy of the permission form in the envelope provided,
Enclosed is a much-traveled copy of our paper minus the
business secti.onj someone stole it,
Thank You,
64)
Bill Cox
•r~
I P;ivcr Pormis;;.ion La the wholesaler ^.Bi11 Cox _T
to install a USA Today rack atr
mine a.f rack c, i to r -seQ beIQw
location of rack si to r ~ci tv side
a) Happy Endings
b) Ell.ington's name r
c) Vim's Diner
d) Marvin Loveless Studio phoney _
e) Cork Screw
A
• r
I give perinissi on to the wholesaler _Bill Cox
to install a UtiA Today rack atr
name of rack s i to r s~ e._ ow
location of rack site, city sidewalks _
a) Happy Ending
b) Ellington's namer _
) Jim's Diner
d) Marvin Loveless Studio Phoney
e) Cork Screw
L
I (ltvc:• pormission Lot))() whoierm."Lur 'k-_--
to l.natall a USA Toclay rack ,:rtr
name of rack s.l ter - _
.location of rack liter
phone r
1
• r
I give permission to the wholesalcr
to install a USA Today rack at:
~1 r
name of rack suer rI r•,c
location of rack site l
r J
phony r '
4
1 fr,ivn prrmi s;;ior, to tho wh01esaleru[iA"~
to .ltw tal..l a USA `['ode;y t a0k fit i a
f
naint, of' rack
iocat.Jon of rack it,e
phone i
A
i
EO
I give permission to the wholesaler
Lo install a USA Today rack at
name of rack site;
location of rack sites
J
pholle , v G c( i
,
A
A
l g1ve per.n i sm i on to the Wholesaler
t.o Anstal.l.J1 LISA Today rack at,
j name of me
location of rack si to i
phone,
Gannett Co. 936
NY" SMf" act
Prioo Range P•8 Rollo Dividend Yield ' S&P Ranking
Jun.271 1983
69 72.61S'e 20 1.80 2.6 A
811rn1naryl
This leading newspaper pubils"t 41p daily end 32 noni newsoooerel slsn has Intercats In
y► broadoaet, haven teklvfelan std ions sod 13 radlo Watlallsl and outdoor 40verlislnAiySA2pduc a
a a me or c rimily n • peopfap c c 1 I n in se ACgq`L~dI$IIIIbn'-s
fNlde. If $410 oarnings prowlh la likely for 1983• ~Mry Into new '
Ourrent Outlook
Pernings for 1983 are ekpeolled to rfse from the ! l~~
1133,39 • share reported for 1982,
The $9.45 quarterly dividend Is the triMmum all peotatlon, F11t, ~s
Iril+, ,tit+l it (
With implovomont in economic aollvity, earnings w art 46; ~4r„ .•1 for 1983 should beneAl from higher newspaper,
broodcaslfng and outdoor advertising rovunues - r-~r - r)
and cool conirol measures. However, higher In-
forest charges (not), and poste related to USA '
Today could realriat earnlnua gains. TR601w yawn
MOUSAYD SNM!6
Operating Revenues (Million
_13 Wks. 1483 1982 1981 1980 • fro"
Mar. 387 339 306 273 1917 :1418 1474 198o 1991 1994 5981
Jun......,............... it27 384 360
Sep 368 336 297 Important Developn►ents
Dec 428 377 337
1,520 1,387 1,216 Jun, '83-The company re lorted that d had com-
pteted the acquisition of WL.VI•TV. Boston, the
nallon's sixth markel. and had sold WIKY•TV.
Operating revenues lot the March, 1983 quarter Louisville, Ky., the 441h market. Earlier, OCI put.
advagcod 14%, year to year. Margins narrowedohosed WTCN•TV, Mlnneap tls•SI, Paul, and sold
in poll reflacting Investments in USA Today. How'- KARK•TV In Little Rock, OCI plans to acquire
over. after lower nonoperat(ng expenses (net) KRON•TV in Son Flanasco and intands to sell or
and taxes at 49.6% in both interims, not income trade slotlons In Okiahana laity and sort Wayne.
gained 1.9%.
Muy'83-00 said Thal It expects another record
Oornrlnon Sharo Earnings earnings year for 1983 and a conllnuation of the
_ 13 Wks. 1983 1982 1981 1980 rectice of annual dividend Increases. Separate.
12 Ill
Qn~QMQRIIX Thal It w I I
Py t
Mae..... ...I............ 0.81 0,80 0.66 0.60 I LGU>+Welt IL a GIIC L~
Sep..........•.......... 0.851 0. 88 0.61 88,3. t 1olue
Dec,,,,,,,,,,,,,,,,,,,,, 1.06 1,01 0,88
' l
3.39 3.17 2.81 Next earnings report due In late July,
r..lw■
Per 8here Data (=r
)f Yr. endll 31 1082 +1981 11980 1111170 +1978 't977 11976 +191S +1914 1073
Book Vstuo 6,40 8.07 6.47 6.38 4 47 4.59 5.48 4.77 4.02 3.17
Earnings) 3.39 3.17 2.81 2.50 207 1.73 1.48 1.21 1.06 0.94
Dividends _ 1,74 1,67 1.38 1.21ye 0,95Y6 0,76Y, 0.6716 0.37)1, 0.286/4 0_20+1,
Payout Ratio 51% 60% 48% 47% 46% 44% 39% 31% 25% 22%
Prtcoo -H
Low
igh 66 46 38N6 3296 3344 2711, 271ie 26)1, 26v) 30 201/2 33,12 28 PIE Ratio- 19-9 16811 14-9 13-11 6 18 2141
16-12 18-16 21-1)3 24.12 321 2f
Dili 01104 r60td. Adi.la eu diri6i. a150a,J6n. 1991
o . 7. ReAecN mbQe, o, 6<4uielion i.Oel TDec. arm! nal 017 M Ig79.
Slanderd NYSE Stock Reports JWy 6, 1983 Slanderd 6 Poor's Corp
Vol.601No. 12S/Sao, 10 r~„yee 6usu.wlro,,weuay„p,,,.r 26 Broadway, NY, NY 10004
i
93~ Gannett Col, Ing1
1"?o1~ Cato gMllllort~l
eN K ow' IaL ill 'NN Ma~itf
tat, Y4444 44 fill All
Owl l a qew IMp N, r
. 0
Oro Mw, M
111 i 1 6~
t13 012 0~,d ~I4 41,a'K
' 1112 11620 440 x910% 114 68.1 2 4 3 ,8 6Wb.-.. l r3
1881 4661 3 .zpgg 2 p0g~ ~p 8 124.9 1 ~4Q tat 12. %
1188 1;066 228 30,0% Itif. 43,4 22,1 °Y2gb 1'
g78 668 81 41 2g 8.1 174 b2.1',h 83 12, 0%
18 i 26 s96 4 t 19.6 3.8 142 51.2% 98 1 "
I,A 97 All 11.6%
1818 413 ,08 202% 27 10:8 3• I r4 48,6% 3d 10.8
119976 366 89 2226,0% 24 g
1973 227 88 22:a~ 24 9:i a 4 88 448.8% 29 Ie ie
114114nae $heN Da II ("11110a !3 ROL 4009 cell, K I.T AOL
Total on Tkfn moll TOUT 001 on
--Cwranl-^ or Calt, fili
Dec. 31 Caah All Lab, Ratio AINIa WAIN 04b1 Eaulliv
_
1,126 1,126 9 N 201.6%
1982 64 3,12 248 1,3 1,674 1 ~~81 898
1981 88 324 296 I. I 1.448 _ 13.0% 221
~12 226 1 jj 2 12 a, 4;'1 e8 766 983 11-1% 2 200 191 1.0 11049 14.0
1215- 817 842 14.0% 2~,8b
%
t9 9 3
1978 107 193 112 1 J $29 29 1 143.0. 109 341 66444 11 i% F28.8%
_ 1977 43 116 18 _ 1.6 6. T_% . , ~9 ~
978 39 Rd 4456 1 1.6 331 12.0% 24 2 2 _267 2BT 8,+% 16.9%
1974 16 59 38 1.8 4l 10.0% 4n 198 268 21.f% 16 4% i
1973 20 69 38 1.6 294 10.1% 66
aocool
woudowom~
Dille 1e Ol,q Ie010. 1, Pill margl+Or eCQU13d1rM 2. tier Ioec. taint sun 1919. J. ReAecle lmg Change.
844.91a~ss Suntnrsry Ilona are located In Chicago, Cleveland, Detroit,
Los Angetee, St. Louis, and San Diego, and an
Ganr:ell Co. Is pnmanly engaged In newspaper PM station 1s located in Yampa,
pubtinhing, television and radio broadcasting, and
ouldodl advenlsing. Conlrlbutions to operating Outdoor advertising propel los are located in Arl-
income b) business 999 9oouel, Texas and intCanada liners, Michigan, I
revenues and operating
meat in 1982:
Revs. Income Dividend Dats
Newspaper publishing 78n'o 16% Dividends have been paid since 1928'A'dKidend
d 1 1Cb 14% to Invastment plan la syeilabl
9roa da8ling 1 l00
Outdoor a dverllsing 1 1,°b Aml. al Date Ex-divd,' Stock 01 Payment
I`,ewspaper operalions consist of 88 daily news, Oivd. _ol oats RKerd Date
; apera in 37 stales end two U•S. tornlOnes 0 d3 Aug. 24 Sep. to Sep. t8 Oct. 1'82
(Ouam end the Vil Islands), and 33 non-daily 0 45 Oct. 26 Deo 13 Dec. 17 Jan. 3'83
newspapers io nine stales and Washington O.C. 0 46 Feb. 22 Mar, 14 Met. 18 Apr. 1'83
Al the end of April, 1911 daily Tveregonirculat~on 0,45 May 24 Jun, 13 Jun, 17 Jul. I'll
was 4,8 million. including A l~
n '9S1neWSOaoe • t er oparaton Next dividend meeting; Isle Aug. '83.
Inc u as o IcuaUOn o. nations and meter local ad Q4apltailYation
veMisers principally for OCI's newspapers and Long Torm Debts 5284,373,000.
provision of news aarvices.
Six VHF television alattons are owned in Atlanta. Common sl hold 63,291%; Gsannett r 131 Fpart.oundation,
Denver, 9oaton, Mtnneapolts•St. Pauli Oklahoma Inc. owns about d t about 7009b;
City, And Phoenlxl and one UHF TV ctallon Is
owned in Fart Wayne, Six AMiFM radio eonlil Shereholdersr 10,843.
01~, 1e-L:ncON tOVe1. ROCne11e+, N Y I161H. T11W }t8154e.6aoo CMM a fkN-A. H ".lift . Yf SeCY"t l.Chapgll. YP teas-J.l
C0 NY~,
t0pnl1maIe~~cc m IWoN fVN
1r a 1~p/ yje(1WIInIY1Ner
Atcforkm "Q nifit . A OII C Ifeunln ~f eA ReY~01d1, Jr BO D. W'nMNlf Weil M AMIK- J rea ms' J. E, Iherdeti J W McC1we, 0,
sled In NeW Ydf% 1o?J: 11~1CdrlwkNel~ M D ll in W2
8enk01AOtn1lIN,NY AeglettN-•WI!meM,dlendBln\,ROCne1lN,N.Y.IncdtpOf
bl0rtn11,M n11 0NP OOUM1d from IOU1C 11 D1111vId 10b4 11fi1011. 0v111/ /GtW Irv Ind COmpMIMMN Ire MI OwN tailed.
I
1 H
CITY OF DENTON
MEMORANDUM
TO Mayor and Members of the City Council
FROM Charlotte Allen, City Socretary
1)A1'1September 3, 1983
SUBJECT: Back-up Matorials for Agenda Addendum Item N2
The back-up materials for this item will be available prior to
the Council meeting on September 6.
Thank you.
Charlotte Allen
ca
10080
i
AGENDA ADDENDUM
CITY ON DENTON CITY COUNCIL
September 6, 1983
1, Appearance by Mr, Bill Cox requesting permission to
bolt newspaper racks into City of Denton sidewalks,
21 Consider approval of Change Order #4, Red River
Construction Company, Hickory Creek Lift Station, for
the Control Building cooling system,
CERTIFICATE
I certify that the above notice of meeting was }hosted on the
bulletin board~t the City Hall of the City of Denton, 'T'exas,
on the day of 198 at
o'clock (a.m.)
CITY SECRETARY
10070
CERTIFICATE OF AUTHENTICITY
..n»
THIS IS To CEPTIFY that Iho mlaophntogrophs oppoorlnp on this flim-FI140
>is.r►tln~ with CITY COUNCIL AGENDA PACKET 09/06/83 and
WIMP with CITY COUNCIL AGENDA PACKET aro
accuroto and complots roproductlono of Iho records of (Company and Qopl,) CITY OF D ON
CITY SECRETARY .as dollvorod In the r+ouler towtso of
ley Ines ter phoioprophlnp,
It is Iwther cortlAod that the micr4photogrophlc procosios wor+ accomplished in
w monnor and on Alm which rrswtc with roqulromonts of Iho National bureau of Slanden+ds
tw pormanonl mlcrophafoprap:+ic topyo
Rio ~.ldlrt^ . Rocord+ ~omP-'!i'. rL...
Ib«reel TECKnoLCQY Al Its OP~
PS.ACEj atn yjit~Ppirk Prier Stat•