Loading...
HomeMy WebLinkAbout08-02-1983 1 POSTUU: rr'. AGIaN1)A; X• M INUTHS:_ NAML,' CITY OF DLNTON CITY COUNCIL DAY Awtust 2, 198.1 TWIG; 7;00 p,m, T _ ^ PI.AGI : COIUICII (:L<unbers MIiMBL-RS TIUTATIUNS Ts NO Richard Stewart 382.3225 Joe Alford 38;-4373 Jac:! :3arton 566-2410 Mark Chow 383-1083 Gliar.les IloPkins S66,3031 James Riddlesperber 382-8757 ItaX Stcen566.3340 AIU'AL SURVICh YES NO NOTIFY Plzh6s YliS NU hunton Record Chronicle N20 ✓ & D NT 038 Channel 25 a 7 5 ✓ Tit U Lass - U M 78 N'1_ Uaily ~56S-2353 r ✓ KN•1'u 565-3688__ ✓ Uunton _C'.ouiit li~~ter;?risc Il37~ Dallas _Times ilerald_ 566-0593 0 166G EMERGENCY AGENDA ADDENDUM CITY OF DENTON CITY COUNCIL August 2, 1983 Regular Meeting of the City of Denton City Council on Tuesday, August 2, 198, nt 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. Appearance by a representative of the residents of Glenwood Lane regarding sand and gravel truck traffic problems. CERTIFICATE I certify that the above notice of meeting was posted on t'.ne bulletin board at the City !tall of the City of Denton, Texas, on the day of , 198 _ at o'clock CITY SECRCTAkY 09610 EMERGENCY AGENDA ADDENDUM CITY OF DENTON CITY COUNCIL. August 2, 1983 Regular Meeting of the City of Demon City Council on T1.166day, August 2, 1983, at 7:00 p.m. in the Council Chambers of the Municipal Building at which the following items will be considered: 7:00 L'. M. 1. Appearance by a re resentative of the residents of Glenwood Lane regarTing sand and gravel truck traffic problems. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 198 at o'clock CITY SECRETARY _ 0961C EMERGENCY AGENDA ADDENDUM CITY OF DENTON CITY COUNCIL August 2, 1983 Regular Meeting of the City of Denton City Council on Tuesday, August 2, 1983, 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. Appearance by a representative of the residents of Glenwood Lane regarding sand and gravel truck traffic problems. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board t the City Hall of the City of Denton, Texas, on the day of 198 ~L_ at o'clock CI'T'Y SECRETARY 09&1C ? H L0 .88ATTON aF. OR &NT), M~ND MILOS LRApp ..zd ar q, ,,W an U , ' T `We, tho undoreif,nodo aro rostdontrs of OlOnwao(l Lane, i)ontonp Tuxasp and do horeby, ronuoat the nonton City CollnOU to talce a0tion to stop all ~,rave,L and a+xnd truolc traffto on this ronl.dontlal streot• wo do not want Glenwood Lane to bo uned ao a thoromith`aro for sand and gravul truolme a ~ 7 C J ~ A~rfl. , ti, l ~ J Qr/fJ) J 1 L~• --/%C/G•/GC-(t"D'_.~C-__. - ~L I ~ C7 ( •-,rte'-t. I -J), (/)y j 9Lc' ~ (ooYlt. 1 ' PETITION FOR CfINTION OF ORAVFL ~ SANT) 'CAIIO TRAFFIC ON Oa:NW( D LAN1ts M...~.~ .+.+.Y M~~'^'q.•'N+1~+1 Y0 d., / 4 1),2 z 6'~ ~ G~c ~ l I .w L r tiG't,v~.- y/Y' P'C✓,C.t: t ~~d rC. 1 AQ~ 1 744Cr tell e;' F ' / Y ,,4Z Lil a t~ ~~rz asr p AGENDA CITY OF DRNTON CITY COUNCIL August 2, 1983 Joint Work Session of the City of Denton City Council and the Planning and Zoning Commission on Tuesday, August 2, 1983, at 5:30 m, in the Civil Defense Room of the Municipal Building at which the following items will be considered: 5:30 p.m. 1. Adoption of policies concerning major annexations. 2. Receive a report on the 1983 Citizen Survey. 3. Executive Session: A. Legal Matters Under Sec. 2(e), Art, (.252-17 V.A,T.S. B. Real Estate Under Sec. 2(f), Art, 6252-17 V.A.'r.S. C. Personnel Under Sec. 2(5), Art 6252-17 V.A.T.S. D. Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. Regular Meeting of the City of Denton City Council on Tuesday, August 2, 1983, at 7:00 p.m. in the Council Chambers of ttie Municipal Building at which the following items will be considered: 7:00 P.M. 1. Approval of the Minutes of the Special Called Joint Meeting of July 13, 1983 and the Regular Heeting of July 19, 1983. 2. Consent Agenda: Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staif recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. A. Bids and Purchase Orders: 1. Bid 11 9148 - Distribution Transformers 2. Bid I1 9156 - Uniforms City of Denton City Council Agenda August 2, 1983 Page Two 31 Bid 11 9169 - Furniture and partitions 4. Sid # 9170 - Airport sub-station building 5. Bid # 9171 - Electric wire and cable 6. Purchase Order 11 58270 to Case Power and Equipment for $3,232.15. B, Final Plats: 1. Approval of the final plat of the Bellaire Heights Addition, Phase II. (The Planning and Zoning Cowmission recommends approval.) C. Final Payments: 1. Consider approval of final payment to Cullum Construction Company for contract services for Denton Interceptors Section 2, Contract A, Environmental Protection Agency (EPA) grant 113-48-1188-13. (The Public Utility Board will review this item at the July 2$ meeting.) 2, Consider approval of final payment to Cullum Construction Company for contract services for Denton Interceptors Section 2, Contract C, Environmental Protection Agency (EPA) grant 1l3-48-1188-13. (The Public Utility Board will review this item at the July 28 meeting.) 3. Consider approval of final payment of construction for the Pecan Creek Dam to Jay-Mar Construction Corporation - Bid 0 9109 - Purchase Order 11 58243, (The Public Utility Board will review this item at the July 28 meeting.) D. Change Orders: 1. Consider approval of Change Order lit to the Contract with Henningson, L;urham Richardson (HDR) for Landfill Permit Application (PO U 53957) 3. Public, Hearings: A. Z-1591. This is the petition of the City of Denton requesting a change in zoning from agricultural (A) to the planned development (PD) City of Denton City Council Agenda August 2, 1983 Page Three classification at Evers Park, If approved, the planned development (PD) would permit the erection of three (3) scoreboards with advertising capabilities. (The Planning and Zoning Commission recommends approval.) 1. Adoption of an ordinance changing the zoning from agricultural (A) to the planned development (PD) class ifi,cation at Evers Park. If approved, the planned development (PD) would permit the erection of three (3) scoreboards with advertising capabilities. B. Z-1593. This is the petition of Walter H. ei ko`nde representing Gemstone Development re uesting a change in zoning from single famil (S -7) to the planned development (PD5 classification on a 13.047 acre tract be inning along the east side of Audra Lane approximately 100 feet north of the intersection of Audra and Paisley. If approved, the planned development (PD) will permit the development of approximately 94 zero lot line detached single family houses with a typical lot size of 35 feet x 110 feet. (The Planning and Zoning Commission recommends approval.) 11. Adoption of an ordinance changing the zonin from single family (SF-7) to the planneN development (PD) classification on a 13.407 acre tract beginning along the east side of Audra Lane approximately 100 feet north of the intersection of Audra and Paisley. C. Z-15940 This is the petition of North Texas Business Park by Tom Fouts requesting a change in zoning from PD-17 to the light inustrial (LI) zoning classification on a 106.83 acre tract of land in the E. Morris Survey, Abstract 868, and the Mary L, Austin Survey, Abstract 4, Denton County, Texas, and being generally described as located north of Spencer Road and west of Woodrow LACle. (The Planning and Zoning Commission recommends approval.) 1. Adoption of an ordinance changing the zonin7 from PD-17 to the light industrial (LI~ zoning classification on a 106.83 acre tract of land being generally described as located north of Spencer Road and west of Woodrow Lane. City of Denton City Council Agenda August 20 1983 Page Four D, S-133. This is the petition of Richard W, Fulton reg bsting an amendment to a specific use permit for a day care center located at 707 Carroll Boulevard. If approved, the amendment would remove a condition of original approval making the specific use permit non -transferable to any day care operator other than Pis. Kaye Conaway (original applicant). The existing day care center is approved for a maximum of fifty (50) children and the property is more particularly described as part of lots 2 and 3, block 8, Carroll Park Addition. (The Planning and Zoning Commission recommends approval.) 1. Adoption of an ordinance approving a specific use permit for a day care center at 707 Carroll Boulevard subject to conditions. E. S-170. This is the petition of North Texas Business Park by Tom Fouts requesting a specific use permit for a mobile home park on a 47.06 acre tract of land in the E. Morris Survey, Abstract 868, and the Mary L. Austin Survey, Abstract 4, Denton County, Texas, and being generally described as located north of Spencer Road and west of Woodrow Lane. The property is presently zoned light industrial (LI). (The Planning and Zoning Commission recommends approval.) F. H-27. This is the petition of Sandra Taylor and Ann Caldwell requesting historic landmark (H) zoning designation at 703 Bolivar Street. (The planning and Zoning Commission recommends approval.) if Adoption of an ordinance approving historic landmark (H) zoning designation at 703 Bolivar Street. 4. Ordinances; A. Adoption of an ordinance changing the zoning from agricultural (A) to the light industrial (LI) classification on a 13.994 acre parcel located adjacent and west of the 1-35 West service road and adjacent and south of Ohio Rubber Company. (Z-1589) (The Planning and Zoning Commission recommend approval.) E. Adoption of an ordinance for the abandonment of easement for Clusters Apartments, 2269 West. Oak. (The Public Utility Board will review this item at the July 28 meeting.) I 'City of Denton City Council Agenda August 2, 1983 Page Five C. Adoption of an ordinance for the abandonment of easement in the East McKinney Street addition for Jack Hell. (The Public Utility Board will review this item at the July 28 meeting.) 1). Consider adoption of an ordinance setting a date, time, and place for public hearings concerning the proposed annexation of a tract of land beginning at Mayhill Road and East McKinney Street, and authorizing the Mayor to publish notice thereof. The proposed annexation includes 250 feet of land on both sides of the centerline of East McKinney Street for a distance of approximately 3500 feet and includes a 104 acre tract on the north side of East McKinney Street, (Z-1590) (The Planning and Zoning Commii~sion recommends approval,) E. Consider adoption of an ordinance increasing the hotel/motel occupancy tax. F. Consider adoption of an ordinance granting consent to Acme Brick to use certain streets and alleys for gas pipeline purposes. (second reading) 5. Resolutions; A. Consider adoption of a resolution appointing Assistant City Judges. 6. Consider employment of: Gilbert Associates for water/wastewaver rate study. (The Public Utility Board recommends approval.) 7. Consider a request for water/sewer service outside the City limits from Mr. Brian Burke on behalf of Mr. W. J. Roddy on Page Road. (The Public Utility Board will review this item at the July 28 meeting.) 8. Consider a request by tt,,,e City of Corinth to waive water contract provisions. (The Public Utility Board s .il review this item at the July 28 meeting.) 9. Consider a recommendation from the Airport Advisory Board providing for termination of the lease agreement. between the City of Denton and Hexagon Buildings Inc. (The Airport Advisory Board recommends appr.oval.j 10. Consider approval of a contract addendum with Greest~ and Nichols 111c. engineers for 1983 innovative: alternative study for :wastewater treatment plant. (The Public Utility Board recommends approval.) . City of Penton City Council Agenda August 2, 1983 Page Six 11. Consider the request for sanitary sewer service for Pethel Temple Church, 3813 W(:st University, Denton. (The Public Utility Board will review this item at the July 28 meeting.) 12. Consider a request for Mr. Ben Pinnell and Mr, John H. King for sanitary sewer service outside of the City limits, (The Public Utility Board will review this item at the July 28 meeting.) 13. Consider approval, of final payment request from Moore Construction Company on Windsor Drive sewer line project. (The Public Utility Board will review this item at the July 28 meeting.) 14. Receive a report on changing the signal at Bell and Withers. (The Citizens Traffic Safety Support Commission recommends reinstatement.) 15. Consider approval of an agreement with Arthur Andersen and Company to provide professional services to the city, 1.6. Receive a report on East Prairie Street, 17. Discussion on funding of Flow Hospital. 18. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 19. 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 boa•d t the City H 1 of the City of Denton, Texas, on the c- day of , 198 at _,"rc ` o1clock Za p.m.) z'r c ECKE r o943C AGENDA CITY OF DENTON CITY COUNCIL August 2, 1983 Joint Work Session of the City of Denton City Council and the Planning and Zoninig~ Commission on 'Tuesday, August 2, 1983, 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. Adoption of policies concerning major annexations. 2. Receive a report on the 1983 Citizen Survey. 3. Executive Session: A. Legal Matters Under Sec. 2(u), Art. 6252-17 B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S, C. Personnel Under Sec, 2(g), Art 6252-17 V.A.T.S. D. Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. Regular Meeting of the City of Denton City Council on Tuesday, August 2, 1983, at 7:00 p.m. in the Council Chambers of the Municipal building at which the following items will b~ considered: 7:00 P.M. 1. Approval of the Hinutes of the Special Called Joint Meeting of July 13, 1983 and the Regular Meeting of July 19, 1983. 2. Consent Agenda: Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. A. Bids and Purchase Orders: 1. Bid # 9148 - Distribution Transformers 2. Bid # 9156 - Uniforms City of Denton City Council Agenda August 2, 1983 Page Two 3. Bid A 9169 - Fuvoiture and partitions 41 Bid # 9170 - Airport sub-station building 51 Bid # 9171 - Electric wire and cable 6. Purchase Order 11 58270 to Case Power and Equipment for $3,232.15. B. Final Plats: 1. Approval of the final plat of the Bellaire Heights Addition, Ye►ase 11. (The Planning and Coning Commission recommends approval.) C. Final Payments 1. Consider approval of final payment to Cullum Construction Company for contract services for Denton Interceptors Section 2, Contract A, Environmental Protection Agency (EPA) grant 113-48-1188-13. (The Public Utility Board will review this item at the July 28 meeting.) 2. Consider approval of final payment to Cullum Construction Company for contract services for Denton Interceptors Section 2, Contract C, Environmental Protection Agency (EPA) ;rant 113-48-1188-13. (The Public Utility hoard will review this item at the July 28 meeting.) 3. Consider approval of final payment of construction for the Pecan Creek Dam to Jay-Mar Construction Corporation - Bid it 9109 - Purchase Order 11 58243. (The Public Utility Board will review this item at the July 28 meeting.) D. Change Orders: 1. Consider approval of Change Order 112 to the Contract with Henningson, Durham & Richardson (13DR) for Landfill Perwit Application (PO 0 53957) 3. Public Hearings: A. G-1592. This is the petition of the City of uenton requesting a change in zoning from agricultural (A) to the planned development (PD) City of Denton City Council Agenda August 2, 1983 Page Three classification at livers Park, If approved) the pl:!Inud development (PD) would permit the oruction of throe (3) scoreboards with advertising capabilities. (Tile Planning and Zoning Commission recommends approval.) 1. Adoption of an ordinance changing the zoning from agricultural (A) to the planned development (PD) classification at Pvers Park. If approved, the planned development (PD) would permit the erection of three (3) scoreboards with advertising capabilities. B. Z-1393. This is the petition of Walter H. NT6~i3e representing Gemstone Development re5uesting a change in zoning from single family (SP-7) to the planned development (PD classification on a 13.047 acre tract be inning along the east side of Audra Late appr.oximately 100 feet north of the intersection of Audra and Paisley. If approved, the planned development (PD) will permit the development of approximately 94 zero lot line detached single family houses with a typical lot size of 35 feet x 110 feet. (The Planning an(! Zoning Commission recommends approval.) 1. Adoption of an ordinance changing the zoning from single family (SF 7) to the planned development (PD) classification on ti 13.407 acre tract beginning along the east side of Audra Lane approximately 100 feet north of the intersection of Audra and Paisley. C. Z-1594. This is the petition of North Texas Business Park by Tom Fouts requesting a change in zoning from PD-17 to the light industrial (LI) zoning classification on a 106.83 acre tract of land in the E. Morris Survey, Abstract 868, and the Mary L. Austin Survey, Abstract 4, Denton County, Texas, and being generally described as located north of Spencer Road and west of Woodrow Lane. (The Planning and Zoning Commission recommends approval.) 1. Adoption of an ordinance changing the zollin r from PD-17 to the light industrial (Ll zoning classification on a 106.83 acre tract of land being generally described as located north of Spencer Road and west- of Woodrow Lane. City of Denton City Council Agenda August 2, 1983 Page Four U, 8-133, This is the petition of Richard W. Fulton requesting; an amendment to a specific use permit for a day care center located at 707 Carroll boulevard, If approved, the amendment would remove a condition of original approval making the specific use permit non-trans erable to any day care operator other than Ms. Kaye Conaway (original applicant), The existing day care center is approved for a maximum of Fifty (50) children and the property is more particularly described as part of lots 2 and 3, block 8, Carroll Park Addition. (The Planning and Zoning Commission recommends approval.) 1. Adoption of an ordinance approving a specific use permit for a day care center at 707 Carroll Boulevara subject to conditions. E. 5-170, This is the petition of North Texas Business Park by Tom Fouts requesting a specific use permit for a mobile home park on a 47.06 acre tract of land in the E. Morris Survey, Abstract 868, and the Mary L. Austin Survey, Abstract 4, Denton County, Texas, and being generally described as located north of Spencer Road and west of Woodrow Lane. The property is presently zoned light industrial (LI). (The Planning and Zoning Commission recommends approval.) F. H-27. This is the petition of Sandra Taylor and Ann Caldwell requesting historic landmark (H) zoninbb~ designation at 703 Bolivar Street. (The. Planning and Zoning commission recommends approval.) 1,. Adoption of an ordinance approving historic landmark (H) zoning designation at 703 Bolivar Street. 4. Ordinances: A. Adoption of an ordinance changing; the zoning from ag,>ricultural (A) to the light industrial (LI) classification on a 13.994 acre parcel located adjacent and west of the I-35 West service road and adjacent and south of Ohio Rubber Company. (Z-1589) (The Planning and Zoning Commission recommend approval.) E. Adoption of an ordinance for the abandonment of easement for Clusters Apartments, 2269 Weot Gak. (The Public Utility Board will review this item at the July 28 meeting.) City of Denton City Council Agenda August 1983 Page Fivs C. Adoption of an ordinance for the abandonment of easement in the Gast McKinney Street addition for Jack Bell. (The Public Utility Board will review this item at the July 28 meeting.) l). Consider adoption of an ordinance setting a date, time, and place for public hearings concerning the proposed annexation of a tract of land beginning at Mayhill Road and Gast McKinney Street, avid authorizing the Mayor to publish notice thereof, The proposed annexation includes 250 feet of land on both sides of the centerline of Gast McKinney Street for a distance of approximately 3500 feet and includes a 104 acre tract on the north side of Gast McKinney Street, (Z-1590) (The Planning and 'boning Commission recommends approval.) L. Consider adoption of an ordinance increasing the hotel/motel occupancy tax. F. Consider adoption of all ordinance granting consent to Acme Brick to use certain streets and alleys for gas pipeline purposes. (second reading) 5. Resolutions; A. Consider adoption of a resolution appointing; Assistant City Judges. 6. Consider employment of Gilbert; Associates for water/wastewaver rate study. (The Public Utility Board recommends approval.) 7. Consider a request for water/sewer service outside the City limits from Mr. Brian Burke on behalf of Mr. W. J. Roddy orl Page Road. (The Public Utility Board will review Lis item at the July 28 meeting.) 8. Consider a request by the City of Corinth to waive water contract provisions. (The Public Utility Board will review this item at the July 28 meeting.) 9. Consider a recommendation from the Airport Advisory Board providing for termination of the lease agreement between the City of Denton and Hexagon Buildinggs Inc. (The Airport Advisory Board recommends approval,] 10, Consider approval of a contract addendum with Freese and Nichols Inc. engineers for 1983 innovative alternative study for wastewater treatment plant, (The Public Utility Board recommends approval.) I City of Denton City Council Agenda August 2, 1983 Page Six 11. Consider the request for sanitary sower service for Bethel Temple Church, 3813 West University, Denton. (The Public Utility Board will review this item at the July 28 mooting.) 12. Consider a request for Mr. Ben Pinnoll and Mr. John H. Kin1 for sanitary sewer service outside of the City limits. (The Public Utility Board will review this item at the July 28 meeting.) 13. Consider approval of final payment request from Moore Construction Company on Windsor Drive sewer line project. (The Public Utility Board will review this item at the July 28 meeting.) 14. Receive a report on changing the signal at Bell and Withers. (The Citizens 't'raffic Safety Support Commission recommends reinstatement.) 15. Consider approval of an agreement with Arthur Andersen and Company to provide professional services to the city. 16. Receive a report on Last Prairie Street. 17. Discussion on funding of Flow Hospital. 18. Official Action on Executive Session Items; A. Legal Matters B. Real Estate 'G. Personnel D. Board Appointments 19. New Business; This item provides a section for Council Members to suggest items for future agendas. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the CS.ty of Denton, Texas, on the day of , 198 at _ o'clock p.m.) I C TY SECRETARY 094~C M1a1% IORAN D UNI Date: July 28, 1983 Toi, G. Chris Hartung, City Manager d6room; Charles S. Watkins, Senior Planner SubjActi Preliminary Review of Territory for Annexation Generally a city conducts annexations to protect its own intArests, The necessity of annexation can be visibly demonstrated by looking at a very old map of the city limits on a current map, Such a perspective makes it clear that if the city had not annexed re- peatAdly in the past, it would today be a small island surrounded by a massive sea of suburbia, and it is doubtful that such a small cluster could aver have survived as a modern incorporation, Tak- ing these historical perspectives into considAration, the argument shifts from whothAr annexation is even feasible or proper to the more appropriate questions of when annexation is justified and how much annexation is necnsaary, The City of Denton may annex a maximum of 30 perC6nL of its size (7,183 acres) this calendar yAar; of this amount, 1,723 acres has been used or is pending, leaving an unused allocation of 5,460 acres. The underlying rationale for contemplating a major annexation is that construction of the Hickory Creek interceptor sewer line has opened up a large amount of land for devAlopment, Annexation of these areas presents the opportunity to control land use, to have subdivisions constructcid in accordance with City standards, to require developer participation in improvements to perimeter roads, and to apply building code standards, Analysis of the above hypothesis was begun by simply plotting the location of the sewer line on a uarcAl map and proposing that each pioce of land which wa.~ near the sewer line, and which was a logi- cal boundary, be anna:xfid, (SPA Exhibit #1) There ware several problems with this technique; 1) by the time wp reached the southern end of the sewer line, if we begin at Highway 380, 83 percent of our annexation allocation was already used; 2) a great deal of the land to be annexed was in the Hickory Creek flood plain; 3) a gap in the city limits was created south of the city which would require driving through an area not in the city to service an area which would by in the city; and 4) a southern route for Loop 288 was not in the area proposed for annexation, Memorandum to City Manager July 28, 1983 Page 2 Another map was drawn (Exhibit #2) to address some of the problems with Exhibit 01, Exhibit #2 deletes most of the Hickory Creek flood plain# It was felt that the flood plain would not be an area with much growth potential particularly since the county issues permits for this area. Another advantage of dAlAting the flood plain is that it would enable annexation of a contiguous area to the south and eliminate the gap in Exhibit Jl, Exhibit #2 also includes an area south of Robinson Road for possible routing of Loop 288 and provides for annexation of land east of Mayhill where additional mobile homA dAVAlopmAnt is proposed In attempt- ing to AvaluatA Exhibit #2, it became obvious that each tract of land bntwenn the sewer line and the existing city limits had dif- fArAnt characteristics with the sewer line being the only common characteristic, A sAparate evaluation of each tract of land was indicated, Momorandvm to City ManagHr July , PagA 3 AREA A Location: South of Highway 380 and West of 1-35 Sizes Approximately 1,000 Acres Land Use: Approximately 5 Dwellings, Selwyn School, and Agricultural Uses Land Use Plan: High/ModArate Employment and Commercial Center Population: 56 Transportations , Area is served by 1-35, Highway 380, FM 1515, Airport, Railroad (spur under construction), Masch Branch Road and Jim Christal Road bifurcates the area, West Loop 288 is planned to sHrvA the area in the future. Existing Utilities: 1, Hickory Creek Sewer 2, 16" Waterline in Airport Road. 3, Airport Substation under construction Planned Utilities; 1, 1984 - 10" Sewer Linn on Hi hway 380 (Mesa to Hickory Creek Line 2. 1984 - 10" Airport Sewer Linn (Airport to Hickory Creek) 3, 1985 - 16" South Bonnie Brae Waterline (Airport Road to Bonnin Brae) 4. 1987 - Additional Transformer for Airport Substation 5, 1987 - Airport Perimeter Waterline Project, The population is concentrated at Selwyn School or along Highway 380, Provision of City services to this area would not be a sig- nificant burden at this time given the relatively sparse develop- ment and the fact that services are currently being provided to surrounding areas. This area has the highest development poten- tial of all areas reviewed because of transportation facilities and infrastructure. MAmorandum to City Manager July 28, 1983 Page 4 AREA B Locations Northwest Side of 135 WAst and South of Airport Road Sizes Approximately 250 Acres Land Use; One Dwelling and Vacant Land Land Use Plans ModAratn CommArcial Center Population; 2 Transportation; proximity to Airport, 1-35, and FM 1515, Northeast portion of tract is served by I-35 West service road, This seotion of service road is in extremely poor condition, but is the only reasonable access to the property. A secondary arterial is planned for south side of tract, Existing Utilities; Hickory Creek Sower Lino Planned Utilities; 16" Water and Sewer is available fo-I extension from northeast property line, Natural Features: Approximately 35 percent of tract is in flood plain The 1-35 West service road onIN serves a small portion of this tract of land and represents the major development obstacle, The northeast corner of this land has highest development potential because of access and proximity to water and sewer, Memorandum to city ManagAr July 28, 1983 Page 5 AREii C Location: BAtwAAn 1-35 west and Highway 377 Sixe: Approximately 600 Acres Land Use; Approximately 18 Single Family Houses, 2-3 BusinessAs and Vacant Land Land Use Plan: Low Intensity Population: 27 Transportation: South Bonnie Brae, Willowwood, RosAlawn (all unimproved), Bonnie Bran a plannAd major arterial Existing Utilities: 1, Hickory Creek Line 2, 6" Waterline along Bonnie Bran to Corbin Road Planned Utilities: None Natural F'eaturAs: No significant constraints This area is developing as large lot residential (typical one acre lot size). Annexation could inhibit large lot development d•se to perimeter street paving requiremAnt. Choosing not to annex this area would mean no devAloper participation in improvements to South Bonnie Bran StreAt, This area is no farther away from tho core of the city than many areas already in the city, Memorandum to City Manager July 28, 1983 Page 6 AREA D Location: Between Highway 377 and Corinth Size: Approximately 31000 Acres Land Use: Residential and Agricultural Land Use Plan: Low intensity with Moderate Intensity nodes at intArsACtion of Ryan Road and Teasley Lane and at Fist 1830 and Ryan Road, Population: 260 Transportation: FM 1830, FM 2181, Ryan Road (unimproved), Hickory Creek Road (unimproved), Robinson Read (unimproved) and planned South Loop 288 Existing Utilities: Hickory Creek Linn Planned Utilities: None Natural Features: No major constraints The population is concentrated in three areas: 1) along FM 1830 just south of the existing city limit; 2) on the west side of Montecito Del Sur; and 3) at the AxtremA south boundary of the arAa, The balance of the population is dispersed throughout the area Robinson Road, Ryan Road and Hickory Creek Road would have to be maintained by the city, No new water facilities are planned for this area in the next fivA 1;5) years and the area is located far from the core of the city, Anticipated development trend is large lot residential with some mobile home development, Annexation of this area will increase development cost therefore inhibiting large lot residential development, except along the state roads, and restrict mobile home dPvnlopmPnt. ~I Memorandum to City Manager July 28, 1983 Page 7 AREA E Location: Southern Part of Mayhill Road Size: Approximately 1,200 Acres Land Use: Residential, Agricultural, Vacant Land Use Plan: High Intensity and Low intensity Area Population: 87 Transportation: Mayhill Road (unimproved) Edwards/Swishnr Road (unimproved), proximity to I-35 East and Loop 288, P1annAd Loop 288 to go through this area Existing Utilities: Hickory Creek Linn Planned Utilities: 1986 - 10" SnwAr Line from corner of Spencer and Mayhill Roads, along Mayhill to Landfill Natural EAaturns: No major constraints The proximity of this area to the mall, the availability of services for Axtension, the location of the landfill site, and proposed mobile home development in this area suggests a high development potential for this area, Edwards/Swishnr Road would be a maintenance responsibility of the city, if annexed. I MA or2ndu19$3 City Manager Pagm d a Individual review of territories for annexation nAcpssitated further refinement of the map (see Exhibit #3) to include more territory than can be annexAd in this Calendar year This preliminary review suggests the following annexation prioritiosi 1. Area A 2. Area E 3. Area C 4. Area $ 5. Area U II A@ 1 1 1 4W t 0JA f1 + 4' :j 10 IVIy, MIq p r.11 .NiJh w~i1M1 ~ 1# 140 r{'~PfMpr '`♦1q\ yi 4 111 Vr y(~~ !w 4 I too 40,41, EXHIBIT 1 g h "Ito Pr ' 3 ♦h° city 01 01141001 rnr 1 Ma ( +~ir +41#Y all +0 040 W-~, b 10% ? MOO ~ °`V 5~3 \ hO \h°p r ~OfJ,+O ♦+\i ♦4`Tti ♦ +h`~ ♦ i 4 41" A-4 ON Sold, OfAi. to f(~ !JA 41AN -No 14"f 1441 \h+ Yrfr N1r 11 L r y+ tit hq lMrl, lI14 J1 1 1 \+4 14 P° p° Yr = 1 i #TTO\yhy J y' ♦ °i`v q, to, Ih to, ` Ia/Jr1 to, T P P rY1 Mf I /.R wA P h It CAI 1, i t NIV yr ri. Je° , f I 4~ Y.n11 Nr4 ~'IP y r. bp~P ~ MI y NN. q Y~ II1r 4 +~0 , r r 14`1\ ~ - / ./j` (0 lf Py/ Y tt p 1 At V n.rhfr h 4 +p p+ ° rtdlllla q• 11 rr/r -1rf AJ r y 6 \p nuril' II V 1 rwlN l ) 4 OT ♦ i ~ ill%!' vV r I iV°v by `e`e T It T~ 4+41. rlrw \ ulr i 1 r n n ~;~i+ 1j.. J+tfl ti .G { ^ MAI I Z 3 ° ♦t I Y I JAI IJ.V f.. _+I~. ~,\'I h" 7 + 114 P"` ~)`h i! v.Mr nlr T:flrr Jl rr Y° MIN 4`° 'Z bq O i i3 4 O rA hf.` Jf rM, llr 1Jq~ P" -o- /I~ ~a • f rll hl.,I.M 1 bh 1/JOI: ft Al y 1114 two W0~(,1 ~ j 1 44A1 I Trl •MI T i V4 T hiTJ • y~J lih 1114 r +4p+\i 4 it 2 /Mlr .f ! * AM rSIN 4 T` ip~0♦~p ( / 1 rr Mr /1•r ♦o` 1 VJJJ• ) V 1 : I J.r nflu Orr ( yYY,M 1 I : 1:,1 Ir 11 IN IN .rr.to (J IN Alfl VI WC., Ir1A' Jl ONA fi I1M / IJII 11 .v jal11u1 AA IJ A•~I d.•F1140 too o A, rll / 1• 1,1+1 6 1'1rI1 V l 1IA• ]l~ V N1r ,I .r. W(vollI .4lr \+p 1 Ir `1` `O\r Ir I ; Wl 4 M1H.M ° 1~ } J d fAMll r MW Yrl fd ♦ ' r ♦ j)° {QV V♦ „fly (t~iW'ff ; IIN ~W~y Vh 1 J!} ,TO ~r r11,4 ,17! 5'I •r/ ;t 11 tell q j p .A Jlr J\.I (y~"~ 1 P 4°° INI/•M 1 YIM {q • / e J uAl ;i 11 4 t o IILJ•I i to IAYf O u V ♦ee * 1 Iv rrl.11. Wlr A(A a W'to h :alr ~11r0`0 .VJ Ir irC 111t. AI .114 T_.. :uJH pp t v i J\ P 1 1 i IlNrin d n♦ .f r` .A y.Ih 1 j b 1 P IZ: !!v 1r~i..e \j ! 1/+{II y1r IuY ( 11'14 V,r 3f-.t f1 •1i:Jlli. IM q♦ I41 1 `b\I rJr rJ'h pi t IMIVfI : \ J ~~_r 6 1 i r; IJM b V~ 01 I:, 73.. +rr ~11~ J ~_Jv 'v~,:I AA1 un 4p l• 1 I a fl.I i Ir yf „ .5r /./IrbTr+ •Ir♦ ' T` / J!I "Of T A •I 11N ;I~r1Y r 1 +1 rII r° If. nl.n p YP. n! _IV IT \1 If ,r r.r '~p> 1 Vi 1 ♦ ~ j / VO V ~ ~ H. P ~ .V tJ IV 1q r TP Y\ 1 h 1 Jp p• QI f! ;O 2~ 1 AjJra _ 2 Ourre~ 1♦ T ~i :li ~ `h4 \h♦ h TV / hjP4 lJ1q 2 . T' .r ~ 0 P \ f J ? Ih\ 1 i ni i I(Irt ll JAI l.~ ful Cd * °T Pp' rt rA1.:Y .a 'rV i~ Ir r•I is lah !l//,r/o t1 to IT It r1. hb1, 4`il lop 5~:.'. Ih 1aI( to 1 l !Lr Or1l lil i y ) .r lIur'I, '1 J jy tr\o.,' Il/ ~u.r Ar vl`.r .S t r. wY.I,J III`'/ •Vr ° /.\p pT ~ IlV Ir 1(1 r11 MIJr1. \,I ; I' G , A , , 1 J J!. IC er Q.r.ti r~ ,♦\~,i .,1 b I,e Ii/i..., ~ UT Ivi r~i~ i?l~ ~ 1J \Y9 J I,.~y♦( 1 b t~ I111N P 4 L•--~ '1 1 I lyu r 1 Mu .I. L4 ! A UIIr ( lIII hJ: AI 1P }IIh IJ/r 4r11 bV 7p"~~ 4 1'f ntn Jl lfll.YM I/4rr: S~1114 'T ,.:~e~.rr (r .r.t. I Tt9J t. crrr• IJI pR ~ i S u ~"\\~~O~gz I ~ bPr ~'r+ r ry ~ nI 11 rJr / 1 \h ~~•J~" T ♦q . P.4f 1lb ~ lUi 1 1 4, P r I v 1 j. y Ir1n I h.~. 'f iy'-1 h I n .nw1 ~ s h r1l r i IOP ' 1 p ~ { LI ~ JJ 41. rl Ar !(4~/ , / '1 +~r1 " , .t Y(( J P Lt lr . u I l 0. 9 M1 ' J Ii - _...`.--•-,rs7 ~.~iflr 1~1'~~.~ u(! r:i l~r~l J,f ~7~~1 L.i1/ I Ii r J I ray \ I ~ 1 Jla ~ 4,I J RJI: j ;rrM1 Y i II J r~ a .~I,.w ni S-+.rr ~ :{wre J. T . r.. 1. 1 f j l ,~w h~.+w ~1.. =I P,l. i.'~A ! L PV J ~y li'ri •,,l 'n yI~1 .a..y ..r yr ~.:`wtn tif11 ` .h 1 i • wa+~ r e tr11 ••:~IIi:: 'J ♦ ~i )t ♦1or \ i~ a $7yt ~ .n.. 1bq 0 .r. j) 7 7 t.Y ru I..yJ •afM 7 7 {1;~I 1 r• } 1 1 r J tOaf J r 1 7r~~ f'ryj~~ p AK. 1, 3 # 1 „ «r y 1 • + 1 IrKirAl: ~ty ,r~. ~ r / Y ± l e ! Y pity ,s••.r~! it + L H3 t 1 fi 7(}' • ti,•i i~ ryl •w ♦1 i!3 I ~irV♦/ `I I1f1+ Nr/N . ~~1/[ 1.• Jr 4W., IM Nr AVr I,hM M4 j ~V 11 ° , , +IjiJ + ° r,l Io /r + h a 1 " 'uyw1y pO r, 1 j voynr)•j y v ) 0-1111111, ' _ it rIV 1 l;; roll J VI1/ t' ,a ..✓a` ij 3~ O 1 > ~1 , i/f,~ iZx ; J J~ O i •,"►Ir iil 1 U" 1 I • t ~ S ~ i ~ ' ~ r ~ r q e~ goo y p~pySy o b ~ °a ~ yi Lon + 1 t . i Y / Jj A♦ . r, XC •I.2I ...:yJ 7 r I . , y e 1111 _ rii " ' tl r { 1 III rr nw } + ~ ~ L~ >f ♦ yll t + Y ~ y~ rlf. .hT,'[.. j'J F~J e-10 A 4a F 1 t i F b'. 3t ~ J J ~for 1 +i Ir✓ ~!r ► , MIS u t / to ► r rrr +iy i '+q. r~ ► ;1~ t` ,fr lllwy. n~rb N•w a. ' y~. T R r!4• ~ r'' , ir~ rM~ T/ •I Mfr"~ ~i t+ h . 1 A a + M H `~nSrNJ) j r y 1 1 It 610 I • '1/• Ti y+1 y "`N fIWwY r• / 1 r . r► + r i V y 1 I ` r ^b/1 +r♦ l i l rA Y Ile. r •IA y yr r°y r 1 n+ir++ b ! 1 \ ► Jo 4rAy ,p, MItY yr y1i 41 11~1 rJi 1 ~1 YMr Y . , T. JTr+; iyyy .t[ e!^I y „2 1 . y j i.v i Y i a,tn tr / w ' ' • # 'ert r" It0N If It1, '1 ty pi b H I 1 i l1 Ali +i + r ♦ + .,i' +yr yt ~t J, rr ] ,t ~ I ! SI Ji it •S•0 °+r ' y+0 b rr f!'1 IF , , F ; 1~ ♦ t ,~rly 1 i i i1 t i Ifl ya) ► 14t 4 ow ~JI~SI rr , t J I` 'I i. 4 i • {I:.'.' i I 1 T api uA 'L "+'•.ri rNl nw~ t•: t {~yJ°I♦r t •.~j+.: r 'r'~' y., ;S r r~ r1l•y'~' r i Jv Y: ' . • v f rr A '1 Lw~4T : ~ r pry r t )~f • ~ ~ `b. r°Jy~' Y _ yr+ ~ ii JbJ t l ~ r•w`+• ~ I V do 4y r r ~ Tr Iw lv , v ,,I t S.L w., r r ♦ / i`! A......•lr +t jr~~i :'l ~Irrl;j tl4 dy In, Ile r,► *r, 3 .~.1 / ~ rrtw '•ri.v« ° fT, a„ iri e, C. "141 p~oJ # yyJ p+A;~$p v ~i pp~ry~ S r, yrr 1 a, ? ` . } ► ► 3 i. '`+•"lsay + . Y r p eyo y 2 • i ! y yrr I r,A~ ~ ~ ~t rhy rr ,r t ~ ~ y p. t ! rb = J b+p y` 4: y r l• r v ry JiJ oA r + y ' ~ rM }S !34 r/y ► ~ ~ hrtr ` i 4r ry gt , r, ,Ir ..I t1 . i S '!b r+/y y vi' ~ y355~ 3 j a \ ~ }r 1 N ♦ ~ O i I Y I r . by ~t Z n + .7 /J i ~ ♦ • ? 7 hr , Ir v ~t / • y ay t r, • i~^ i~ v ( rrt + Ia + a~ 4fi1,11y tyi ..1. r ♦ r °or ~ ~ o YI ~~+r+;+ 2 r'iaiyy r, r ► } } A r?•i ; rr+r~ ~ j: ~,yj 'I^f ~i rf.t M,.II ~ 4 , ~ t~ t r 7 .r 1 n ~ V 1. • t J~ r0 ~ t J l 1 ri 1 i • M • M ~ ~ I t~v~7 ~ ~'w"7i iri , I ~ I 1 rr w luw«I ' , I, ' ~i r } ~I{ Ir I l I w f)) y d• AIM: 'i..+~--~f, 11 It~l~r `t •'.r.•'I .Iw1 C~ Ii€! j s',{rfl' I It I•r,' ~ li ~yl/~ "'~JI f •I I•Mwl'~ ~ rf ~I ~t ~ • 1I S,~y • ~ ~+1 ~ 1 IIY•'I. ~.I~ ~ L-41I ~rl)l ~ I I,•(J ~1 ! i f ,,.1. ,"'t,S 111 I I ~ ~ Mo• f 1 I.ZI'I' I J'!~ 1 14 ` f 1 [ ` N' V.S 11+♦IM I I , I• ♦ ♦'•'Y 'II''J~ ~1 JAJ , ~I I •I~•1 7 '.i~M M•~`l• I % • I , 11 r1u 1 , ! I ..n t t rw wr~l1 1~ 11(71 L' I 1 1 I I_ rIM ^ l• I rl;I; I ,tji"!~I'j_~,' 1 (w' ~ti~ >i I ~ 1 'x'•)11 ~:~.,',I •Y~:,~1 ! Y 1. , 1~1 ' , ~ Ili( v ' l;Jy. •J .IV -J r'• ~I_ ~ ((Ir' 1~ 1M 1~`~''•,~ r '•Nl rrr" ^t~"f 1, r!( lit 11( U~`•J♦'G •,rl ion • wv I~. t I' •:.r 3, : Ilrsr' I / .,•I , ,,,•r r~ , ~ • .I+.r+L1?r'•1, .r I . ♦IIV r ~ ~ ~ • ~ 5 1^•'I ''1 • ' ti<< .r• r, wNf M~M,~III,+~~ ~Ir• f .i 1 ~~••I . ".I y Z. 'If CA •'4, / ' I I W ''n ~ rVl ( I; 1~. ~ nl. 1''~ '.I 11 I3~ .I^J~ trL~. i r • wr l 1 J ~ • '•J nIN11 N1MM ' l i • I r yl I I • ,It jl I.H ~ I~ ' J/,I ~(•I J~ ±,i ~ I l±.l Vii. • .4 1 JJ, 'L•,'/• ww 1• t ~ ' { ~ rl ' y 1' 1} 1 ♦ ' ! I 1 , 1 111i r 1 i 1~ li 1 t 71{t~ii I Ir 1 , ~ i J J♦y r•, In L. r. 1 L1 3 ' r / l 11 wt ( 1 0111 u. i W r'Hi,. ! •!'~rl _ , / r~ 14 • •i H 11,71+-''-~, . ! ~ I .J.7w. .!r'i'•'I u t ,.2!'r ,3}iltl ! ~ JYLI•'.i }~1 11 fir: ily r - ..Ir to IIJ '••J., ''r1 • rV I.N •~i ~1 It I ~i ♦ ..1 'I•' J %us • , 'r•'`r- lid.' f ' e ( ♦ I t yl et, / JI. ""'I ! l f , .IY• ' Ira ♦I • , , 4'Ir:l ~ r4 l' ~y y ~ }F} f !1~ it } rf li 'I ~rZl ~ i I:.~I t 'S. ~ ti~S1 ••J 1: },:1~,,• ,'~l'1 • I , ' ,'I• ~_r•/~+ i • + .r.~l "'•..i~•, t i !7 .I • ji 1i •'I'vr 1 •i• =r jT~ yy ~ 1 •rr + t J ~ 4. J•I ` 4 Jj ! 6, I ~ I ? Y '1 e. j1 )'-''I„~ 4) q 1 I 1 ♦ I J 75. i 1 li. lA,y'~-' •J' .~,•'0' EI '^'•;I •411j \l Yi. '!.t i ♦~I ,.',I l ••Irr~~~\`~'.,• I`,, r. 1 4~t r~•I I wl ~i• , ' ! • I • 7 I , ifI^i5 !~t ,a i 1 ! 1 r•i ~ ~ •K` ' J ..w•ir• I •i h, f ! II •ll ' ••Y • r H 1 h,'~rl~ I 1. } ~ I t 1 t r. 7 s li t , ! 1, • O ~T J •I, 1 I, 'b r • 1 . i . / I~ ♦ , ♦ ))1 r1 Y, •ar i } •h I . ' J • wry! ~ 1 i 1 ~ ~ t II VM, • 1 ~ I t t vY • 1 1 { 'I!, I i t 1 1 ~1 1 i j I 1 It 1;, 1 IL.~-.~--J Jr I ~i~•'. r. 11 ~ .•c•, •~i llI J• I Nu. AN ORDINANCE SETTING A DATE, TIME XS D PLACE ON THE PROPOSED XNNEXAVIUN OF CERTAIN PROPERTY BY THE CITY OF UENT0,1, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH N'OTICE OF SUCH PUBLIC HEARING, tHE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. On the day of 1983, at o'clock in the City Council Chamber of tFie~FFiirsiclpal 8utl3~g,-the City Council of the City of Denton, Texas will hold a public hearing giving all Interested persons the right to appear and be heard on the proposod annexation by the City of Denton, Texas of the property described below. On the day of 1983, at 7:00 o'clock P.M. in tiler Council Chamber of the Municipal Building of the City of Denton, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Uenton, Texas of the following described property, to-wit; All that certain tract or parcel of land lying and being situated in the County of Denton, State of Tagus, and being part of the Forrest Survey, Abstract No, 417 and being more par• titularly described as follows: 3EGINNLNG at a point in the present city limits as established by Ordinances No, 65.45 Tract 1, said point lying in the West boundary line of the M. Forrest Survey, Abstract No. 417 and 250 feet North of and perpendicuular to the center lino of F.M. 426 (McKinney St.); THENCE Easterly 250 feet North of and parallel to the centerline of F. M. 426 (McKinney Street) the following courses and distances, (1) South 77024' East 498.72 feet to the beginning of a curve to the right, (2) Easterly 865.29 Feet along said curve to the right with a radius 11711.16 feet, central angle 4011, and a chord of South 75°10' East, S01 S6 feet, (4) South 7003" East, 418.0 feet (S) South 67129' East 3b8.66 feet, (6) Sovth 63054" East, 367,95 feet to a point for a corner in the West boundary line of a tract of land as described in Volume 1200 page dug exhibit "B" of the deed records of Denton County, Texas; THENCE Norti 0012' west along the Best boundary line of said tract a distance of 2579.08 feet to the Northwest corner of said tract, said point lying in the South boundary line of a county road. ; 'liiENCa North SdO17' East along the North boundary line of sari tract, same being the South boundary iine of said county road, a distance of 14144,1" feet to a point for a corner; THENCE South 00OSI ;test a distance of 2255.94 feet to a point for a corner; THENCE hest a distance of 15 feat to a point for a corner; :•iS9uiPA6E USE THENCE South 0°OS' Best a distance of 1724,77 frot to a point for a corner, said point lying 250 feet South of and porpen- dieular to the centerline of F.M. 426 (MCClnney Street); THENCE westerly 250 feat South of and parallel to the centerline of F.M. 426 (yicKInney Street) the following courses and distances; (I) North $3°43' hest 444,06 feat to the beginning of a curve to the left; (2) westerly 343,78 foot, central an81e of 9°39' and a chord of North 58°32'30" hest10037 407,02 feet, t5) North 67"29' wa st 319,34 feet, (6) North ' West, 393.10 feet, (7) North 73°10' Nest 490,44 feet to the beginning of a curve to tha loft, (8) lesterly 828,34 feet along said curve to the left with a radius of 11211,16 feet., central angle of 4114' and a chord of North 7$'77' west 828,15 feet, (9) North 77024' ;lest 402,88 feet to a point for a corner in the hest boundary line of the said S;, Forrest survey; THENCE North along the host boundary line of said survey $09,10 feet to the place of beginning and containing 150,5 acres of land more or less, SECTION II. The Mayor of the City of Denton, Texas, is hereby authorized and directed to cause notice of such public hearing to be published once in a r;ewspaper having general circulation in the City and in the above described territory not more than forty days nor lass than twenty days prior to the date of such public hearing, all in accordance with the %;unicipal Annexation Act (Acticle 970a, Vernon's Texas Civil Statutes), SECTION ;II, This ordinance shall be in full force and effect immediately following its passage and approval, PASSED AND APPROVED thin day of 1933, RICRARD u. s ,A , :d.a u CITY OF DENTON, TEXAS ATTEST; Chti:,i:-RLOTTE Ar E\7 CITY EC 7`1 CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J, TAYLOR, JR., CITY ATTORNEY CITY OF DEN'TON, TEXAS BY Z-15Y0-PAGE i+,- NOTICE OF PUBLIC HEARING ON CONTEMPLATED ANNU ATION NOrICE ;3 IiEREBY GI1'GN TO ALL INTERESTED PERSONS THAT; The City of Denton, Texas, proposes to institute annexation pro- ceedings to alter the boundary limits of said city to add tr.e following described territory to the corporate limits of the City of Denton, to-wits All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the X. Forrest Surrey, Abstract No, 417 and being more par- tieularly described as follot,st BEGINNING at a point in the present city limits as established by ordinances No, 65.4$ Tract II said point lying in the West boundary line of the M, Forrest Survey, Abstract No, 417 and 250 feet North of and perpondicuular to the center line of F,M. 426 (McKinney St.); THENCE Easterly 250 feet North of and parallel to the centerline of F.M 446 (McKinney Street) the following courses and distances, (1) South 17° 4' East 493.72 feet to the beginning of a curve to r.I,e right, (2) Easterly $65,29 Feet along said curve to the right with a radius 11711,16 feet, central angle 4°1', and a chord of South 75010' East, $01,56 feet, (4) South 70°37' East, 413.0 feet i31 South 67029' East 368.66 feet, (6) South 63054" East, 367.95 feet to a point for a corner in the Viest boundary line of a tract of land as !escribed in Volume 1,00 page 462 exhibit "B" of the deed records :f Denton County, Texas; THENCE North 0°12' st'est along the hest boundary line of said tract a distance of 2519,03 feet to the Northwest corner of said tract, said point lying in the South boundary line of a county road,; IHLNGE North 3y 417' East aiong the North bounaary lire of sa:d tract, same being the South boundary line of said county road, a distance of 1444.11 feet to a point for a corner; THENCE South 0°05' ,test it distance of 2255.94 feet to a point for a corner; THENCE 4est a distance of 15 feet to a point for a corner; THENCE South 0°05' ;test a distance of 1724.77 feet to a point for a corner, said point lying 250 feet South of and perpen• dicular to the centerline of F.M. 4 6 (McKinney Street); THENCE westerly 250 feet South of and parallel to the centerline of F.M, 426 (McKinney Street) the following courses and distances; :1) Nor tit 53°43' West 444.06 feet to the beginning of a curve to tr,e left; (2) westerly 343.74 feet, central angle of 9°39' and a chord of North 59°32'30" hest, 401.02 feet, (5) North 67°29' 'nest 334.34 feet, (6) North 70°37' hest, 393.20 feet, (7) North 73°10' lest 490.44 feet to the beginning of a Curve to t h 0 left, (8) wester l; 329,34 feet along said curve to the left with a radius of 1111 feet, central angle of 1°14' and a chord of North 75°11' 'nest d.. feet, (9) North 77°24' hest 402.88 feet to a point for a corner in the hest boundary Iine of the said ~I. Forrest survey; iHE1'CE North along the '.lest bounaary line of said survey 509.10 feet to t'ne place of b?sinning and containing 150.3 acres of land more or less. A - PubIic Hearing sill oe held 6y and before the City Council of the City of Denton, Texas, on the day of lrs:, at o'clock. in the City Council Chamber of the lwiicip -,al 3 uila-Fig , for ail persons interested in the above proprsie4 tnnexetion. It sat: time .tad place ail such persons shall have .-e right to appear ant be beam. Uf all said natters and things, ail persons inter?ste iit the things and natter ;e rein mentiona:i, :1 'aka i70tICee 'NOl iCE; ; 15 90• P6-- t;.\'E A Public Bearing will be held by and before ;ha City Council of the City of Denton, Texas, on the day of , 1983, at 7,00 o'clock P.M. in the City o~ uncI Chamhor of the Hunlclpal ButId(ng of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said time and place all such parsons shall have the r(ght to appear and be heard, Of all said matters and things, all persons interested in the things and matters herein mentioned, will take not lee, RICHARD hi , %LkYOR CITY OF DL',\T0,\, TEXAS ACTEST : CHARLOTTE ALLEN, CITY SECRETAM CITYoI DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 TELEPHONE (817) 566 -8200 Office of the City Afamiger 141EIVI0HANDUM '1'Ul Mayor and Members of the City Council FROA,li G. Chris Hartung, City Manager UA`1'EI July 25, 1983 SUBJECT: 1983 ll1SN'1'UN CITIZEN SURVEY Attached is the 1983 Denton Citizen Survey prepared In cooperation with I)r. James Glass of North Texas State University, This survey will aid us in assessing the needs and concerns of the City ana Its citizens. We will be prepared to discuss this survey and answer any questions you might have at the 5:30 session of the council meeting on the 2nd of August. a ov, 04 . 94:5~ G. Chris Hartung, City Manager vvw Attaehmenti 1983 Citizen Survey 1170M i~ 1983 DENTON SURVEY Prepared by: James J, Glass June 1983 During the months of May and June 1983, a citizen survey was designed and administered by James J. Glass, independent. consultant for the City of Denton. The 1983 citizen survey is the fifth successive citizen survey conducted by Dr. Glass for the city, As a result of the city council's and city staff's continuing commitment to the survey concept, the opportunity to compare citizen evaluations and opinions over time now exists, The report is divided into six major s,ecions, methodology, sample characteristics, city services, city administration, and the appearance of Denton, Methodology A similar methodology to that used in past surveys was employed for the 1983 project, Again, a systematic random sample was selected as the most appropriate design for the study, To obtain a representa- tive sample of all adult residents in the city, 390 completed interviews were needed, The actual size of the sample drawn was inflated to 900 to take into account non-working numbers, inappropriate numbers, re- fusals, and no contacts, fhe sample was selected) from the most recent edition of the Denton telephone directory, After selection, the 900 numbers were then randomly divided among eight interviewers, The interviewers were recruited and trained by the consultant. Training consisted of three basic elements, First, interviewers were informed about details of the survey, Such items as the reasons for doing the survey, the concept of a random sample, and the administration of the survey were discussed. Second, telephone interviewing methods 1 2 were presented. The interviownr's attitude, methods of conducting an interview, interviewing problems, and standard procedurpi; were covered. Finally, the trainees were Familiarized with the questionnaire. Each question was discussed and the specific; ir,,tructions on the questionnaire were explained. The interviewers were provided with written material on the interviewing process, and they were instructed to conduct several practice interviews. All of the interviewers had previous interviewing experience so they were familiar with survey research and interviewing techniques, Each interviewer was assigned a quota of 50 completed interviews. The interviewing was conducted over a period of fifteen days from May 21 to June 6, 1983. Four hundred usable interviews were obtained, The number of responses exceeds the target number, so the survey population should be representative of Denton's adult population. The data are presented in t.ab,alar form with some descriptive comments, bu+, t41t.h little -Mcrl,i-tation or eva'luotion. The oujective is f') 1 i vrr the sLl t f +ind tke cedar-i E to judgO. Ow, results for themselves. The and~1'S1'S of oi,. d,?t,c ilivolved f.w0 sLops, I'r'ist, the marginal per- Cen:ages for each question were calculated. These are displayed in the text as the percent responding "yes" or "no" or "excellent," "good,' "fair," or "poor" to a question. Upon completion of the first step, each question was then cross-tabulated with the following seven charac- teristics. 1. Length of residence 2. Owner-renter status 3. Age 3 4. Education 5. fn rune 6. E!.hnic gi !c,p 7. Sox The seven characteristics comprise a set of independent variables that could add more detail to the responses of the residents, None of the seven characteristics proved to be consistently useful in detailing the results, However, each added detail to certain of the responses. In each of the following sections, the 1983 survey results are compared with past survey data when possible. Comparisons are made only when the questions asked were the same or similar, When 1983 results are presented alone, either the question was not asked previously or its wording was altered significantly, Sample Characteristics Table 1 presents a SUmmary of the descriptive characteristics of the sample. Data on most of these characteristics were also gathered in previous surveys. As in the other surveys, Denton may be described generally as a predominantly white, middle to upper-income, well- educated community, The population is divided approximately equally between those 35 years of age and younger and those who are 36 and older. Additionally, there is a significant percentage (16.2) who are 61 and older. A majority of respondents (59,4 per cent) owned their own home, That Denton is a stable community is evidenced by the fact that 15.0 per cent of the sample stated they had lived in Denton for 6 to 10 years and 42.5 per cent stated they had lived in Denton for more than 10 years. 4 TULr 1 Sample Characteristics Characteristic Pei, cent 1983 1982 1981 1980 1979 Age 18-25 23,5 26.0 22,9 29.3 24,4 26-35 28,0 26.2 23,6 25.7 28,4 36-45 16.9 13.7 18.1 14.9 16,0 46.60 15.4 16.3 16.8 14.6 16.3 61 and over 16.2 17.8 18.6 15.6 14.9 Sex Male 45.0 44.9 44.2 40.5 40,6 Female 55.0 54.8 55.7 59,5 59.4 Race White 88.4 88.8 88,8 89.9 87.2 Black 7.1 6.1 5.2 6.9 7.2 Hispanic 1.5 3.3 3.4 1..' 3.2 Other 3.0 1.8 1.8 2.1 2,3 Homeownership Own 59.4 5417 57.2 53.7 60.2 Rent 40.6 45.3 42.7 46.3 39.8 Income Less t!ran $5,000 10.5 9.7 9.4 16.7 14.2 $51000-$9,999 11.3 15.8 19.1 17.4 18.7 $10,000-$14,999 14.8 16.9 11.0 13,0 20.5 $15,000-$24,999 1919 20.8 24.3 25.1 23.0 $25,000 and over 36.2 27.8 23.6 $25,000-$34,000 17.5 16.4 $350000-$49,000 11.9 13.2 $50,000 and over 14.0 7.2 Education Less than 8 years 4.1 3,1 2,5 3.9 515 Some High School 3,0 5.6 6.6 6.3 4.6 High School Graduate 24.6 21.2 18.5 15,5 18.7 Some College 20.0 24.3 28.4 26.8 27.9 College Graduate 26.6 23.8 19.0 19.9 1913 Some Graduate School/ Graduate Degree 21.8 21.9 24.6 27.7 24.1 5 TABLE 1 (Continued) Characteristic 1983 1982 1981 1980 1979 Length of Residence 3-12 months 7.8 7.3 5,5 9.5 le.0 1-5 years 34.7 33.9 35.0 33.7 32.5 6-10 years 15.0 11,7 1515 18.9 16.0 nrorc than 10 years 42.5 41.4 43,8 37.9 39.6 Household Member H1nd1ca1)ped Yes !i.] 7.6 No 94.9 92.4 p I ace oi Work D) c11 '18 F 84.4 Dallas 7.3 6.3 _ Fort Worth 2.9 1,6 - Lewisville 4.4 1.6 Other 6,2 6,1 The high percentage of home ownership may be a contributing factor to Denton's stability. A large majority of Denton residents work in the city. The similarity among the percentages of the various characteristics over the five surveys is a very positive sign. In almost all cases, the percentages associated with the categories of each characteristic vary by 6 per cent or less. As a result of the similar percentages obtained over the five surveys, we can be increasingly confident that each sample was representative of the adult population of Denton. City Services The largest number of survey questions concerned services F.rovided by the city, This section of the report presents rrsponses to the b service questions, Included are the following services or service concerns, 1. Streets 2. Recreation and Libaries 3. Garbage Collection 4. Emergency Services 5. Animal Control 6, Service Ratings 7. Service Reductions Streets Respondents continue to rate Denton's streets and road surfaces as less than good as may be seen in Table 2. Residents of 10 years or more, homeowners, and whites were the most critical of Denton's streets, TABLE 2 Condition of Street and Road Surfaces (M=393)* Rating Per cent 1983 1.982 1981 1980 1979 Good all over 1.3 4.3 118 2.1 2.0 Mostly good 44.3 43.9 41.3 46.1 40.8 Many bad spots 54.4 51.8 51.8 51.8 57.2 4~ *A11-N's are for the 1983 survey, -~✓--J--- 7 As in the 1982 survey, a specific question on willingness to pay for street improvements was asked, As may be seen in Table 31 in 1983 an even lamer majority of those responding were in favor of additional takes to rnaintain and improvo streets. TAI3L} 3 Favor or Oppose Additional Tax for Street Maintenance tH=341) Response Per cent 1983 1982 1981* Favur 72.7 62,0 66.6 Oppose 27.3 38,0 33.4 ***The working of the question was watered-sTfight y from the 1981 survey. Those respondents more likely to favor a tax increase came from the following groups, Renters, whites, and those in the 18-45 age group. There was no apparent relationship between income and favoring a tax incr'ea ie. fnose It410 Sal, t , ;1V~11't'J ..i 1.dx 1nCi(`d5e fell ;treets were asked how much of a monthly increase in taxes they would accept, The results are presented In Table 4. As might be expected, in both the 1983 and 1982 Surveys, the majority of those who favored an increase selected the smallest increase category. However, 16.6 per cent in 1982 and 8.0 per cent in 1983 said they would favor whatever size increase that was necessary. 8 Mat E d 'ilze of L,cruase 118; ~I'~^213) Response Per cent 1983 1982 $ 4,00 66.8 57.3 $ 6.00 26.8 16.6 $ 8.00 4.2 3.8 $10.00 3.8 5.7 As much as necessary 8.0 16.6 Despite the fact that respondents have identified streets as a major problem in each of the city's citizen surveys, citizens have failed to pass two bond issues for street repair and improvement. Since voter turnout in both bony, elections was typically low, respondents who did not vote in the bond election were asked why they did not vote and all respondents were asked to suggest strategies to improve voter turnout. For those who did not vote in the election, 35 per cent said they were not aware the election was being held and 15 per cent said they were not interested in the election. The other significant percentage was the 20 per cent who said they were not in town during the election. A signi- ficant majority, 69 per cent, stated they would do more to publicize the bond issue and inform citizens as tp why the issue was needhd in order to improve turnout. The question or ways to improve voter turnout was asked of all respondents. 9 An attempt was made to develop a profile of respondents who voted in the 1952 street bond election, Eighteen por cent of the respondents indicated that they had voted in the bond election. It is not likely that the sample actually includrd that many bond election voters, since the turnout was so small. Rather the observed percentage includes those who voted in the election, those who confused the 1982 election with another city election, and those who did not vote at all. Even though the percentage who said they voted in the bond election is inflated and, as a result, some interpretation problems did exist, a definite voter profile did emerge when the data were analyzed. More whites than Slacks voted (46 compared to 20 percent),,voting was more likely in the 36 and over age group, and voting increased with length of residence, income, and education. The differences among the observed percentages were great enough so that the stated voter profile remains accurate even after reductions are made to account for pos•)ible errors resulting from incorrect responses. Library and Recreational Services Respondents were asked whether thcry had used the Denton Public Library in the past 12 months and 58,2 per cent said they had used the library, More owners than renters (64 per cent to 50 per cent), and more whites than blacks (60 per cent to 32 per cent) were likely to use the library, In addition, library use increased with income and -3ducatIon. Patterns of use among those in the 61 years and older category were significantly W fferent than among the younger groups, Only 33 per cent of those 61 years and,,older used the library compared to a usage rate of 51 per cent or more in all other age groups, Those respondents who used the library were asked to rate the services offered. The results are presented io Table 5 along with the t0 rankings from previous surveys, The 1983 and 1982 results should be more accurate than those of previous survoys, since in each of the three other surveys all respondents, not just users, were asked to rate library services, TABLE 5 Ratings of Library Services (N~22.7 } Rating Per cent 1983 1982 1931 t980 1919 Excellent 41.4 42.9 22.7 21.6 31.6 Good 49.3 49.1 51.7 59.6 50,6 Fair 'L;.4 ;1.~ 14.5 i7A 13.8 Poor 0 0.0 4.1 1.4 410 Respondeaats were then asked whether or not they or members of their family had used any of Oenton's park or recreational facilities during the past 12 months and 68.2 said that they had. Use of park and recreational facilities was fairly consistent across the various cate- gories, except in the 61 and older age group where a low rate of use was reported, Recreational facility users then were asked to rate the facilities. Again, the results are presented along with previous survey ratings (see Table 6). As with the library` ratings, the 1983 and 1982 park and recreational ratings should be more accurate because only users were 11 asked to rate the facilities, although oven when all the park and recreational ratings are examined, there are only slight differences from year to year. TABLE 6 Rating of Park and Recreational Facilities (N=2.14) Rating Per cent 1983 1982 1981 1980 1979 Excellent 23.0 20.9 25.7 15.6 26.2 Good 63.1 64.4 57.1 65.2 55.5 Fain 12.4 13.4 14.7 16.6 15.1 Poor 1.5 1.3 2.4 2.6 3.2 Garbage and Brush Collection The city's solid waste collection services continue to operate without many <erious problems according to respondents. (See Table 7). Respondents were asked if they would be willing to pay higher rates for solid waste collection if the increase was used to help finance a recycling or resource recovery syste;q. The responses to the rate question are'displayed in Table 8. Over three surveys the responses to this question have varied. From the range of percentages, it would be safe to assume that a slight majority of residents would favor such a program. 12 TABL F 7 Garbage Collection Missed (N=364) Times Missed Per cent 1983 1982 1981 1980 1979 None 83,0 78,2 81,5 85,5 76.2 1-2 9.3 14,7 13.2 10.2 20,2 3-4 4.1 3.8 116 1.5 3,3 5 or more 3.6 3.0 3,7 2,8 3.8 TABLE 8 Favor Rate Increase To Support. Resource Recovery (N=311) kesponse Or cent; 1983 1982 1981 Favor 58,2 49,4 61,5 Oppose 41,8 50,6 38,5 Renters and those aged 18-60, were more likely to favor a rate increase than were their counterparts. Emergency Services Questions were asked about the police, Demon's crime prevention program, neighborhood safety, fire protection and the ambulance service 13 and are discussed here under the general heading of emergency services. The first question asked whether respondents had requested the services of Denton's Police Department during the past 12 months and 28.6 reported contact. Those who had contact were asked to rate the services provided by the police department. The results are shown in Table 9. Table 9 Police Department Service (N>114) Responses Per cent 1983 1982 Excellent 38.9 36.8 Good 47.8 40.1 Fair 8.8 1917 Poor 4.4 3.3 Excellent ratings were more likely among homeowners (46 per cent) than renters (26 per cent). Of the white respondents, 87 per cent rated the services of the department as excellent to good as compared to 67 per cent of the black respondents. Similarly, 96 per cent of the females compared to 74 pdr cent of the males rated the department's services as excellent to good. For the first time in the 1983 survey, respondents who had contacted the police were also asked to rata th(e nfficer who resnfmded to their call. The officer ratings are, presented in Table 10. 14 TABI. E 10 Ratings of Police Officers (Na114) Responses Per cent Excellent 52.3 Good 37.4 Fair 4.7 Poor 5,6 Compared to the department's ratings, the ratings of services pro- vided by officers are higher, particularly in the excellent category. Homeovrners, those in the over 26 age group, and white, were more likely to rota otfi(,ers is (,xct']!Lmt. than vwro their rmunterport5, R"r"'pond(?II"'S w're I, mi, asked 'severol questions about Dent.on's crime prevention program. Responses to all the questions asked about the crime prevention program are suomlarized in Table 11. Respondents were first asked whether they were aware of the program. In the 1983 survey 81.2 per cent said they were aware. That percentage represents a substantial increase over the percent responding "aware" in 1982, Homeowners were far more likely than renters to be aware of the crime prevention program (91 compared to 67 percent). Whites were also more aware of the program than were Blacks (84 compared to 55 per cent). Awareness also increased with length of residence and income, As did awareness, participation in the crime prevention program also showed an increase over the 1982 responses. In keeping with the 15 TABLE 11 Denton's Crime Prevention Program Aware of Program (N=398) Per cent 1983 1982 Yes 81.2 47.7 No 18.8 52,3 Participation in Program (N=323) Per cent 1983 198?. Yes 26.6 14.9 No 73.4 85.1 Safer Because of Crime Prevention (N-297) Per cent 1983 1982 Safer 34.7 35.0 Same 63.3 62.9 Less Safe 2.0 2.1 Interested in Participating (N=287) Per cent 1983 1982 Yes 62,6 64.7 No 38.0 35.3 16 above observations, homeowners, longer-term residents, and those with higher incomes were more likely to participate than their counterparts, Interestingly, participation rates for whites and Slacks were about the same, All those who were aware of the crime prevention program ware asked whether they felt safer because; of the program, and 34.7 per cent said they did feel safer. Finally, those who were not aware of the program and those who had not participated were asked if they were interested in participating and 62 per cent said they were. That percentage is virtually the same as the 64 per cent who said they were interested in participating in 1982, Respondents were also asked how safe they felt walking alone in their neighborhood, at night. As Table 12 illustrates, there appears to be a definite trend among those responding "very safe." The percent in the very safe category has declined each year and amounts to a decrease of 122 per cent from 1979 and 1983, This observation is modified somewhat by the relative constant percentage in the "very unsafe" category, Older residents (36 per cent in the 61 plus age group felt verb unsafe), females, and those in the less than $5,000 income category f It lnf;. yon IV" IMP rnunherpartC, 'J1l " ui the rc ~ordents called the fire Depart:?nt in Cho i ilL year end Wir ratings of the service provided are displayed in Table 13, 17 TABLE 12 Safety of Neighborhood (N=317) Ratina Per cent 1983 1982 1981 19800 1979 Very Safe 33.2 37,0 41.0 42,1 46.0 Somewhat Safe 41.6 38.1 32.6 29.6 29.8 Somewhat Unsafe 13.3 15.3 14.6 10.8 15.3 Very Unsafe 11.9 9.7 11.8 12.5 8.8 TABLE. 13 Lire Service Rating (N=21) Rating Per cent 1983 1982 1981 1980 1979 Excellent 54.5 85,1 82.6 58.3 61.8 Good 36.4 14.3 4.3 29,2 20,6 Fair 4.5 0.0 4.3 0.0 14,7 Poor 4.5 010 8,7 12.5 2.9 There appears to be a definite drop in the 1933 fire service ratings. '[n part, this may be attributed to the larger numi,er of respondents who rated the fire service in 1983 (21) than in 1982 (7). 18 In other words, thu 1982 ratings might have been somcwhan skewed as a result of the small nmibev of people who rated the service. Similarly, those who called for an ambulance (6.0 par cent) were asked to rate Chat service. Although tho per centrating ambulance service as excellent did decline, all respondents rated the service as excellent or good. TABLE 14 Ambulance Service Rating (N=24) Rating Per cent 1983 1982 1981 1980 !979 Excellent 59.1 75.0 60.6 46.9 55.2 Good 40.9 20.0 30.3 34.4 27.6 Fiir 010 5.0 6.1 3.'1 3.4 Pool' 0.0 O,il 3.0 P" 6 13.8 Animal Control In the 1983 .survey, 16.4 pQr cent of the respondents indicated that they had called the city about an animal control problem. Those who called about animal control were asked to rate the service. The differences among the four rating categories between 1982 and 1983 are probably pot significant, 19 TABLE 15 Animal Control Ratings (Na65) Response Per cent 1983 1982 Excellent 20.0 17,9 Good 40.0 37.5 Fail, 12,3 11.9 Poor 27,7 26.8 Service Ratings In this section the responses to two questions about nine basic city services are presented, The first question asked whether much, some, or no improvement was needed for each service and the second asked whether the service should be reduced it' that were the only way to keep taxes and rates at their present levels, The responses to the question about service improvement are presented in Table 16. The responses are ranked from the highest to lowest based on the percent responding "much improvement." In the fourth column, headed M + S, the "much improvement" and "some improvement" responses have been summed to obtain the total percentage of respondents who felt the service needed improvement. There is an obvious and significant drop from street maintenance where 49,4 per cent stated much improvement was needed, to electric services, where only 8.8 per cent responded similarly. Looking at the 20 TABLE 16 Service Improvements 1983 Rank Service Much Some NO M + 1 Street Maintenance 49.4 44.8 5.9 94.2 2 Electric Services 8 8 2711 64.1 35.9 3 6drbage Colluction G.s 33.3 60.3 39.E 4 Recreational Services 5.2 39.8 55.0 45., 5 Police Protection 3.9 39.6 56.5 43.5 6 Water Services 3.2 1915 77.3 22.7 7 Sewer Services 2.7 22.2 75.1 24.9 8 Library Services 2.1 27.0 70.9 29.1 9 Fire Protection 1.7 22.7 75.7 24.4 M + S column, only for street maintenance did a majority see a need for improvement. And only for police and recreational services did 40 per cent or more see the need for some improvement. For all services, except police protection, those 61 years of age and older wvere more likely to respond that no improvement was necessary than were those in the other age groups. Also, a higher percentage: of Blacks than whites felt wurh improvement; was necessary in In f(tbl, • 17, 1u", 19, olsd Me serrvice ratinris obtained in 11082. 1981, 1930, and 1979 are presented, %The same ranking procedure discussed above was used in each of the other surveys. I 21 TAB[ F I? Wi v ice Improvumer l Rank Service Much Some No M + S 1 Street Maintenance 36,9 52.3 14.8 89.2 2 Police 4.6 43.1 52.3 47.7 3 Garbage Collection 3,6 2819 67.4 32.6 4 Recreation 311 37.3 59.6 40.4 5 ;:ire 115 29.4 69.1 30.9 6 Library 018 24.5 74.7 25.3 TABLE 18 Service Improvement 1981 Rank Service Much Some No M + S 1 Street Maintenance 36.9 52.3 1018 39.21 2 Police 4.6 43.1 52.3 51.3 3 Library A Recreation 4.4 38.5 57.2 42.9 4 Fire 2.6 29.6 67.8 K.2 5 Garbage.Collection 2.1 39.0 5819 41.1 22 TABLE 19 Service lmprovemont 1980 Ranh Service Much some No M + S 1 Street Maintenance 40.2 44.1 15.6 84,3 2 Recreation 7,8 46.1 46.1 53,9 3 Police 7,2 46,6 46,2 53.8 4 Garbage 5,7 41.9 52,4 47.6 5 Library 2.2 27.4 10.4 29.6 6 Fire 1.5 26.1 11.8 28.2 TABLE 20 Service Improvement. 1979 Rank Service Mitch some No M S 1 Street Maintenance 48.1 34.6 17.3 82.7 2 Recreation 7,3 29.6 63.1 36.9 3 Police 6.5 29.2 64,3 35.7 4 Garbage 3.8 28.8 67,4 32.6 5 Library. 3.5 25,3 71.2 29.8 6 Fire 2.7 1819 78,4 21.6 23 The most obvious conclusion from the five data sets is that street are ranked as the number one problem by a large number of respondents. Shifts in the rankings for the other services have occurrod over the five surveys, however, the percentages involved in the "much improvement" category for all services except streets are small, and the logical con- Clllsioll i$ that UW r'ellldillillq 5(A'ViCOF, hre seen is similar in t.,rms of O)CI OM00111. (11 i f l)ITVCIIKIIl i n6(00 Sr,rviCO Ite~luct i(ul:, Respondents were read the nine services again )nd they were aeked whether they ','could favor reducing any of them in order to keep taxes and rates the same as they are today. The services are ranked from the highest to lowest percent saying "yes" in the 1983 survey. TABLE 21 Percent Responding Service Should Be Reduced Rank Service 1983 1982 1981 1980 1979 1 Recreation 45.6 40.9 33.6* 42.3 25.4 2 Library 38.2 38.4 33.6* 35.2 20.1 3 Garbage Collection 27.8 30.1 24.7 22.4 17.0 it Energy Services 22.9 5 Water Services 17.3 - 6 Street Mainterialice 15.0 19.7 12.0 15.9 10.7 7 Sewer Services 13.7 8 Police Protection 7 1 4.4 5.4 11.5 8.3 9 Fire Protection 5.8 3.7 3.11 8.4 6.8 "-*Recreai;iori enii-1 i~rary serv ces weti e -com ne in tfie-1981 survey. 24 In the 1983 survey three services, onergy, water, and sower, were added to the list in the questionnaire, In no instnace did a Majority favor reducing any service, although recreation and library services exhibit fairly high percentages in the reduce category, If the three services added in 1983 are taken out, tho older of services based on the percent responding "reduce" has remained the same over the five surveys. City Administration In this section of the report, various aspects of city adminis- tration are discussed, The topics include direct assessme-its of city operation, services that are being classified as administrative, and activities, such as the city's efforts to attract industry, that are difficult to place in other categories. Respondents were asked whether they had contacted any city officials about a complaint., a requosl, for service, or for information in the past 12 months and 21.9 per cent s-id they had contacted a city official. Those who had made a co+itact the^n were asked who they contacted, whether they were satisfied with the results, and whether the individual was helpful. Table 22 presents the responses to all these questions. More owners (30 per cent) than renters (17 per cent) and more whites (27 per cent) than Blacks (8 per cant) contacted the city. Contacts also increased with education and income. The response patterns fdr the office contacted, the degree of satisfaction, and the opinion of the contact have remained relatively constant over the four surveys, 25 TABLE 22 Contact With City Office Contacted (N=99) Per cent 1983 1982 1981 1980 1979 City Manager 11.6 6.4 6.0 80 5.3 Mayor or Council 6.3 6.4 4.6 510 7.6 Police 6.3 1218 1119 15.7 15,2 City-Attorney 3.2 511 313 1.7 Municipal Court Cleric o.2 Utility Service 43.2 32.1 30.5 26.4 43.8 Other 6.3 37.2 24.5 24.8 ?8.1 socinfac0un (093) Satisfied 75.8 71.2 67.3 66.1 651, Not Satisfied 23.2 21.2 31.5 33.1 38,2 Not Complete 1.0 7.5 1.2 0.8 4.1 Opinion of Contact (N=98) Helpful 87.8 86,1 83.0 81.6 79.9 Not Helpful 12.2 13.9 17.0 18.4 20.1 In the 1983 and 1982 surveys several questions about utility billings ware asked, First, respondents were asked whether they had experienced a problem with their utility bill in the past 12 months and in 1983, 25.3, and in 1982, 28.5 per cent. In both surveys incorrect billing was the most common problem (51 per cent in 1983 and 54 per cent 2.6 in 1982), followed by meter reading errors (25 per cent in 1983 and 21 per cent in 1982). Finally, respondents wero asked if the problem was satisfactorily resolved. In the 1983 survey, 57 per cent of tho respondents said the problem was resolved and in 1982, 53.2 said it was resolved. In a general question on city administration, resironck,nts were asked to rate the way the city was run. The results are presented in Table 23. Table 23 [low Well is Denton Run? (N=392) Rating Per cent 1983 1982 1981 1980 *79 Excellent 9.9 10.1 8.1 6.3 ~.7 Good 67.9 61.9 60.9 58.5 17.6 Fair 19.6 24.1 26.8 32.0 2.4 Poor 2.8 3.9 4.2 3.2 ....3 Although for each year the differences among perceritages in rating category ar'e small, if you sum the excellent and good c,tegori.~-s, there has been a definite and steady improvement in citizen ratings *r »i 57.3 per cent in 1979 to 77.8 per cent in 1.983. Respondents were also asked several questions about. zoning in t•e city. First, they were asked whether they had been involved in a zoning case in the past 12 months and 11.2 per cent said that they had been 27 involved in a zoning case. Involvement in zoning cases increased with income. Those who responded positively then were asked whether the case had been handled fairly and 86 per cent said ,yes. Those who said no were asked what the problem was in the procedures, and most indicated that they were dissatisfied with the outcome of the case. Finally, respondents were asked to rate the effectiveness of zoning in Denton. The effectiveness ratings are displayed in 'Table 24. TABLE 24 Effectiveness of Zoning (Na287) Rating Per cent Vei v L f; c :ivc: 3.0 Effective 69.3 Not, Very Effective 22.7 Respondents also were asked whether they had enough information about the issues and problems facing Denton and its citizerrs, The following responses were obtained (see Table 25). TABLE 25 Do You Have Enough Information? (N~380} I Response Per cent 1983 1982 1981 1980 1979 Yes 58.9 62.6 60.5 59.1 48.7 No 4111 37.3 39.5 40.6 51.3 28 Two final topics are included in the city administration section, First, respondents were asked whother they were aware of the efforts the city has made to attract new industry and 45,2 per cent said they were aware of the efforts. Homeowners, whites, and those in the higher income categories were more likoly to be aware of the efforts than their counter- parts, Respondents we°e also asked whether they would replace their central air conditioning unit with one of higher efficiency if they vlere to receive a rebate to help offset the cost. Fifty-nine per cent of the respondents said they would be interested in such a rebate program, Living in Denton This section of the report presents the responses to a series of questions about Denton as a place to live. First, new residents (less than one year) were asked why they moved to Denton. Although there were only 31 people in this category, most said either a job (45 per cent) or college (38 per cent) caused them to move to Denton, A second question dealt with the appearance of neighborhoods, 'cable 26 presents the responses to the question that asked respondents to rate their neighborhood in Corms of clotinliness, quality of houses, and general appearance. Homeowners, whites, and those with incomes of $35,000 and above were much more likely to rate their neighborhood as excellent than were their counterparts. Respondents were asked whether portable advertising signs, litter, dirty neighborhoods, Junked cars, abandoned houses and lack of green 29 , TABLE 26 Neighborhood Rating (N=398) Rating Per cent 1983 1982 19211 Excellent 24,9 25.3 24.2 Good 51.5 51.0 44.7 Fair 21.1 20,4 23.2 Poor, 2.5 3.3 ?.1 space in Wsinrss areas d(:trrctod from the beauty of Drmnton a lot, little, or nol it all. The fnllowinq resuvnsrs were Obtained. TABLE Appearance of Denton - 1983 Detraction A Lot A Little Not At All Signs 29.2 48.6 22.2 Litter 64.4 26.5 9.1 Dirty Neighborhoods 63.2 29.6 7.2 Junk Cars 59.6 24.7 15.7 Abandon Houses 56.0 32.8 11.2 Lack of Green Space in 26.8 4119 31.4 Business Areas - - _ - 30 As may be seen, adverti7ing signs and lack of green space in business areas wore the least troublesome problems. The other problems received similar percentages in all three response categories. A following question asked respondents what could be done to improve the appe<.rance of Denton. Overwhelmingly, respondents suggested planting more trees, shrubs, and flowers. In previous surveys a similar question was asked, however, respondents were told to respond yes or no to each area, Tko responses from previous surveys are presented in Table 28, Even though signs and green space received a majority of "yes" responses, their ranking in past surveys was the same as in the 1983 survey. Table 28 Appearance of Denton 1982-1980 Detraction Per cent Responding Yes 1982 1981 1950 Signs 53.6 48.3 46.9 Litter 79.4 711,.6 64.5 Dirty Neighborhoods 82. 75.4 5ti. Junk Cars 77.1 - - Abandoned houses 77.9 Lack of green space in 54.9 business areas 31 Respondents arere then asked how they rated Denton as a place to live and the results of that question are displayed in Table 29. TABLE 29 Rating of Denton As A Place To Live (Mr397) Rating Per cent 1983 1982 1981 1980 1979 Excellent 38,0 39.1 45.2 35.5 45.3 Good 49.9 50.5 45.0 52.0, 42.2 Fair 10.9 9.4 8,5 i019 10.5 Poor I."i 1'0 1.2 1.2 2,0 Denton resOdv,ttc, inul' Item. rn ,'?f(c..i! }r ,C , "f'?rj ~f?11"4' tA) 'OOQCI° pl aco to 1 No.. Speci f ical ly, more honuao!-mGr ; Oran i enters (49 to ('3 per cent), more whites than Black, (40 to 23 per cent), and those %Yith higher incomes rate Denton as an excellent place to live. Su[mtary The usefulness of the survey continues to increase, Trends and patters are developing and it is becoming possible to identify deviations from past findings that suggest trouble spots or areas that require some attention. That only slight changes have occurred in reponses to many questions help in setting typical response patterns that can then be used as benchmarks to aid in discovering deviations in the future, 40anjn, ago U~ sUO~4e~nap 6ulaanooslp U1 plu as sloeUlgouaq sr pasn aq uegl ueo jvgj suael4ed esuodsaa 1eoldKl 6u p4 es U[ djaq suopsenb Amu of sasuodaa u1 pa,c,anooo anpq sa6uego Jg611.s rt[uo Iegl 'uo~aua4jl: atuos oa pbaa legl seaju ao s4ods olgnoa4 jsa66ns jegj s6u[pul3 lsed woAj SU014 elnap kj(JUOP} n4 alglssod 6u}tuooaq s1 j} pue 6u1do1onap a.ae saa,41ed pue spuaal 'eseaaoul of sanu p uoo XOAans aqj jo ssoupjesn aql /Ca auulns 'an1.j oa aoeld jual1aoxe ue se uojua0 OJPJ saulooU~ aa116111 qjp% asogp pue `(luoa ,aad £Z of Ob) s%:A3jjj UOL14 SOI[LIM OJOIll '(JU03 lad £v O:j 6l~ ';.4aIuJ.1 uBl'1 i.tm",'kO0t!IO'I J10111 11C:~IJLDOft% VA 0'.j 0:)"td n1)OOD 0'a illld~ Ic?~~li; t tat?Ji a 1!;.~ ul )11111llU1 liiOPi5ilA U01{li)(I 0'Z L'1 I U'1 f'I .Mod 9'01 6'01 9'8 t16 8101 .Ijej L'Zt ~'Z9 01st 9409 6*0 P009 cost 919£ Z19t 1'6c 0'8£ lu9l1aox3 6161 0861 1861 ?861 c661 (L6£uN) an l K 01 n*)p l a u su unl Ilan In 611110M  rr w v -v T u s ^r~-v R 310VI OR olgol ul paSnldstp a.Ae uot4sanb jv41 jo sllnsa,A aya pue anti of aoold v se uoluao palea Koti Moy polslo uagz a~iaM squopilodsoU if 32 As in previous surveys evory attempt has been made to offor the findings iu an objective fashion, Where appropriate, the descriptive characteristics have been utilized to provide greater detail to the responses, This standardized reporting format should make the report and the information it contains more useful to the staff and council, EXECUTIVE SESSION CITY COUNCIL AGENDA ITEM August, 2, 1983 SUBJECT: Consider participation in legal action with developers of Sandy Hills Mobile Home Subdivision and Capricorn Mobile Home Park to obtain necessary easements for sanitary sewer and water lines. SUMMARY: The developers of Sandy Hills Mobile Horne Subdivision and Capricorn Mobile Home Park are attempting to construct a sanitary sewerline from Highway East 380 adjacent to the Capricorn Mobile Home Park to the City of Denton's Cooper, Creek Lift Station. Water lines will be constructed from Cooper Creek Road to developments, The following information is provided: 1. The developments are presently outside of the City limits. The developers are asking for City water and sewer service. 2. These proposed sanitary sewer and water lines will require several easements across private property. Developer's inquiry of one (1) particular property owner has met with great difficulty. 3. The proposed sanitary sewerline is in the location indicated on attached map and traversing a low elevation creek line and is the only economically feasible route to serve approximately 100 existing mobile homes in Capricorn Mobile Home Park and a proposed 150 mobile homes in Sandy Hills Mobile Home Subdivision. 4. The developpors have asked for City of Denton assistance in easement matters since these water and sewer lines will become City of Denton property upon construction completion. The developers believe that without the City's help, easements will be impossible to obtain, especially for sanitary sewer, 5. The developers have verbally agreed that they would pay for any condemnation costs involved in obtaining easements. 23811J/5 61 This item was presented at the Public Utilities Board meeting of April 20, 1983, at which time the Board requested the staff to obtain further information as to the legality of helping a contractor obtain easements, The item was again presented to the Board at the June 1, 1983, meeting when the Board tabled the Item until such time as easement concerns could be determined by Earl Jones and the developer, The item was again presented to the Board at the June 23, 1983, meeting when Earl Jones briefed the Board concerning his unsuccessful efforts to obtain a particular easement from a Mr, Bullard on Highway 380. 7, With regard to the legality of the City helping a contractor obtain difficult easements, the City Attorney legal opinion is attached. He states that this help may be provided, 8. It should be noted that the Public Utilities Board did recommend and the Council approved participation in paying approximately $70,000 for the oversize required for this sanitary sewer line from 10" to 18" diameter, See attached map and participation agreement (not yet executed). 9 Hills appMobile1HomesSubdivibsionhatCtheirlmeetinghofSJuly 5, 1983, As of this date, Earl Jones has repeatedly tried to obtain an easement from Mr. Bullard with no success. 10. According to City procedures, Mr. John Marshall in Purchasing has prepared bid documents for the sewer line in order to determine the City's oversize participation, The invitation to bid cannot be advertised until the easement concern is resolved, FISCAL SUMMARY: Total cost of 18" Sanitary SewerlIno Oversize (estimate) $254400 City's Share (estimate) (Difference 18" from 10" sewer) $70,000 Developer's Share (estimate) (10" sewer) $184,000 Source of Funds; Current budget funds not presently available. S(,aer bonds may be available. 2318U/6 I J ALTERNATIVES: Due to the difficulties experienced by the developers and the City Staff to obtain an easement from Mr, Bullard; 1, The Council could remove the Utility Department from any further involvement in securing easements. 2, The Council could rr,pjmmend that the Council instruct the Utility Department and City Attorney to proceed with condemnation action against Mr. Bullard. 3. The Council could hold any further action in abeyance and continue to have the staff work with Mr, Bullard in obtaining an easement. ACTION REQUIRED; ! Receive comments and direction from the Council as appropriate, The Public Utilities Board will review this item at their meeting of July 28, 1183, and their recommendation will be forwarded to the City Council members on July 29, 1983. Respectfully, R. E, Nelson Director of Utilities EXHIBIT I Location Map II Logal Opinion from City Attorney III Participation Agreement 2318U/7 l>, nA , • S?, :r wl ,t t,. l.. ,y~ri\, ~ ('~11'~~: eL ~ i - 1 -t~. 1. v - 9 / ~ tfllf,', +ff „ 1 . r lM~j r~ l N tt ; I , r, ! wP yM A 1 r r a . C Sy ~'vl''+? t{ ~~'57 ~1 1 ,1 „~.`I 'Ia ,l It~{:* y• ~ ia~ ~j~! ~♦r M.-4 ``I. ' It { t/ tYt~tyAZ ,l 1 ! ; r r' 1'r ~ tL y r.~ 'n. 't:~tj!,'• r ~'S`FC' ~ •'il}r`• ~ ~l '~~_3~_'_}3 T:, ~tiy , 1' '..rl !4 ~ Q ar Y' r 1 1. I 1 t , 1 1~ " 1 . 11 i 1 ' ~.i•, f r ~ ♦ ~I'_ 1 I I 1 Y ♦ 1 , ~'a+d \11 ti ry t 1 hlo-., r.4.i7• ~ ~4 Y• ',1t , J 7 ,;j I' , 7r t yt 1! d 5.. , ~ I S i T 'I a,l! l•!i 1.'~ ~ r 1 ~J 1 'TI n ' r yyy Y} . f , 1r~ p' 1 tf, 1 ; 5y, t r iw 1 ' t t `t "i~ 1 ~ .w~~.••, ♦ r,c ' y 7y1T~ }4' , 1~ l~yl.~,„` I,tit4 a+i'}~T a~•il' }t"yl Y+(fe•l' .15 iy 11..\~ f { y ,y' i~•1 + ,'.I si~' +1 9 Y ..3 ! f a . l 5, !'i 1 iY., pRl .r,L 1 1 .,..wH, ! a~ u y } tl{. +1 ~ r^ f-i.~'`,~I. p~ r`Yl) !t. : «r, r. r?.~, ! ( I~ ,."11 it1A ti{ I+'aF 'r( `t~~ ~r 1l 7( 'r l,. f t i~ a ~~ryll fr u 7'• , tl. MSis 1~! ~ 'e'r .li r, ~•Y r ~!~y1•ff~1 ''•1: r ~ < tt , , 1 i 5 i !i , } !'S 1 _ l b • f x~lYl+r, ril f~. ,j n 1. ( :iwi \,t r4 `J. 1 S r 1~, 1t"f1~. 11. ` 1 r= ~ } , fil : ~ r~ r~t,•"tq♦IV.~./. ~ ~s rr 1 ~t/'4'.',i 'x..7.1 .Y MS r" C~rp~,, I~.l .~\YS' Ii~S•t 't } :11 1. .~,~~i:l . +~.µ.r 7. "/y y t T V ~ S'. 1 ~rC'•\`0•. J tf / I .1. k ~nq 4~IxY w1175.} 1 ~~t®C~ ~~b I t r ' 1 / (~I. JI t4~~ 4` G •r•~ ' 't . ¢I y 11 1 I tS 7 ~~11.,+ 1Y~SS "'111 'S r , ~ ~r pr .t 1 y,~~ ~ I ~ d r 1 + r LrT ~.yr;j~j~ ~ 14 /r ``F~, •t 's Ir 11 :~,[til ^ 'A r. 1 ~ t t I~ 5~.~~Ce,}~'` 3 'i ~L~/1~3 ~'1,1~1f 'l{,r i~F I•,,' • . riIl~ , rf e.' ..j ♦ IY ~ yl, I y •I .'11 af.h yS N~• r`' ~L~1 ~~~~~,f Y,•~, 1'!' ~ •~1, y, II r~,, }17 ,~~{~'r~~~5 \N.~. ~S,S'./It1~l ~11')f l}~ ~ , ♦•'P ,ir Ot 4`1 I~~Jn i .14~ ` .~(~'r . M.Ir, \+tei`'(Il'i. ~~a~11 \'..11 n .y\ t t•,i _ tl ~jr ~rl , .r Yi.. i+~t,a, 1K C+.«~~'..p. ~.p; '1 ,~j•. f~l !ti. Af.t' i'rI•-~\., 1'~fiy ' l.t''{~i, •~''tt' ,i1~ yl1• i•.~.'.\1'•' Yrs. ~i~ .'II fJ ; r. ~ ' n +.5~d Y U.e A ii~ 1^ ! ' ' . S''~ 'a, • 0 t ~ r V► If• r lr t ~ 1 ~ ( ' '1 hY, ~ri~• aC S ~ ,.-w ~ { ~ s r'~l ' ' ,ate pl .+G a 'r SG'1 r r 7 4~• r,. {tt r 1 7r w► ,ntl }q. V I rII rr1,.i iJr ~0 1 ,Y ,1. 3 \ I hi n , ! Y, J ' I"~ Jt II rl+ 1 r ! ;Rl.».15 { 7 1 ' \ n5 i L j 5~,`~r 1 t- f U 111 , t♦ t }iJ Q+' ~ I 1 ~•+a!1 • If 'f` ( ! ti' ; rt! F A .1"J1 ~y + r 1 ) r 1 ' 1 \ •3' 1 / r ~5, 1~ l 1 f y: ry,. t A >rCt•3 f K 1 ' 1~1 V` 1:1'.~l i .111rL,1... ~-I•~ t .I.C•'~f}t~ ~~Itl + j • ' ~Z ~l 4.YOIr .10 mo't'\'• .t ,I {~y^+.a l! r ,it' ? x"!11' ,~1 b.~~r1 {'~d'' r~ ti r{, 1!: 0 .•'i il X 1 'i JJt 4, ~ • ``~fl - li♦ ~~•.f~ '~4 , ,i. r{!,''Y ~ 1 Ip ~ Ir: rIl /I.r ~ ~ X. ,i` V' 1 4 /y .oft. l(/ r`.. ~ , ~ 1 \ t'A.{1., ZVRa 'f ~r'~. 1IJlJ/ 1t, \.l j';"1. ~I•MLI /J I ' 1 YT, 7 . 1} . H u•,{ 1• „i ry t' [ 11"f','Y •r (\p. r ,d 41.,'Y: `r\~,ti~N~' P, . ~a ° ~ ,1ayr •{T .I tl~'~~ /.i l\• ~ Y 14~~+r}~'-a Y V:\}tS .'1 ,i1 ~S In .IY~ 1~• W tl ,11' ~ 1 ? Yl a 5:F . 1, l}\I~w/•f, . j• 1 u.r. , iw)'a1S J,~d.•3• 1•.'_,' r.P ' 1 t i, I. 1 '.I u ! l~r 1~oy i' !f r l .4, Ilf l' r . , 1 .r. r ':Ir,tf}. 1r+1 ,1 ~.}3~ le 1?/' S~cl~l 3 sr,lJ.i4t1•,r+y `115(1/.rJr.~l it 't ~}'e l `ry' )',ti~• ir~ \ ~ i '~1 ~t4 ~ iµy Vl {~S,~~ir L~uy~ V~'~ 1r1i~~'I ~f, ~a~,,[~ r1,.0 ~ (IS"`~ I 1 •`rl ! ' %~ry ~ f, j. [ f~ i~ ~ 1 ?.,.yil i~. ~1 .1,1.4 i"t'n wi 'Sh~' lT ?u ' '{{i.: 'I.'1~~ . , 1 ' •V• Y-6.9 1 1 • ♦ w« f ~ f tr. [ , rK \ r , R YI S 4 1~} Y t r wti~'rT 0N,`•{.5 y.,, • 1 i. , j,,,'.;'141 H.S~ r .'411 Pa411!I;.,. r 1. • r('Nf Ifa 1 411 ♦1 5A•r 14' 1kl ! W r + t d!~:F.1 ff 71 w ai3/SJ Ia r s '\e., ISS. Jrrlr~ rr}~'~t r IA.I/ r If W , i(~!r' V~y+,• \7a 1 , hr ry ! if j{•1 1 F' ~t,• 3+ 0/11 ~ r 1 1.1 . 4;F' 1, , Y' L.~} i4 ~S'! \r 1 1/i ~L.il+~,/f tt 1~. 21\ i 'a.a• i.. [ • t r . TT'! ` 71 ML' t. 1. .YT's" I+11} x rJlt1 r r , • 7L~1 >'.tl Ir~yiS,r. 11~ ' ~!!/.'t I l\ ~ 1 Tl ,}r,~ t•, ~ ' ~ ~ •-1 r ~'f; 1 !t"•' T ~ r' k,:C r1 ~I 1~~: {11^~.,1 ,1 ~ - ''3 i1.~F ' ~ ~1a~•~ ~I !4 ~ If~'i t r J •!V. a .~~llItii••If ..I 1.';i f ' ~y.~.~,y1 f'1oF `.V ~~~y 11~ „ t, , t` Y i I~OW'!If';' t Y14 ! ~ ra y~1 1 wG'J v 1 L 1. r , t~' 1'i~ .~.y~ lr 1">~J,l a\~ (S } i. ,tt ' t'{}'a34'~~, 1"4 Iri , , r~iV t ! 1 ~ a'/ J•t/ [r~tt t' 1 ~+r''f 1 'tk5rrr _ 7y.~' .~~:s 1. x'µ►"/'~,~1 Sri ~ 1'S~'!"yi r f•: i ~ rY~.1t~y; VSVl(. r 5~ •r11~' ~I : , `'r 1 i; . .l I ,S 1 ( `'lr i~, I r ~ _ '~p 1"_'i.t , r.rr y~,\ ~ !1 /i'i, ~ 1 t , 4i. V 11 t, ~ ♦ ' ! rr Sll X+' 1 r • ' • Sf 11 .tiJ,1 r?~rl ~ i~f f Ij"r~ ~ r 1~ J/.S !G i), 1(~e i~ 1 r,,1, t` r ar„~~ ~I I , f ('~'t.!t 1C '1~ • hii, rY i ~rYl``lII Ld ly..(1E-, t .S~ ,may- y L~.F,y' V. . r '~j I ka.i,. W f r '+T,, i a r I t"1(:C ~ I`r~(-+I,1`tt 'c~~ 9'tt U.}i1 f y Y1~! 1`i .vr r r 11 Ya llr. r+L t1 r7 , Y.I'^~ 1 rf a+~ r ~ r1, t aMMI~ I' ' u I'\ 1 r~ •.'~~~1 ►7 f~~I F►`, `Y •S~'7.~1. rt rev 1'31 ~,+j ~ar1 t W 1 + ~;'i 1'+ 1r1"~ a1 I l,,i ~ ( '~C" LT'r' v.+Lt Im i 1 r}• ! \ F 1 r a• 407 k ALL p F-1 I ~..!•1'~ • .,~1[• Gbh J\I 11~'~rtl ''y ii4 I 1 ~r f~t t{ ( t r rY+ i~ 1,. r 1 a { ~ yZ fr1 •.b, v,_; . J, , ~ S 1.yf i'~~[r I • ,.1 G J•'I ~~tt h ~ Vii' ~.Y~ Id! r ! 4 :fir ' r f., "=-•~"~rt,(^3 I.4. y618 1• tYlr Y t , ik 1 + + .:.J.~.S ~ C 1 ' 1' ~,l+f J~/ di~.Sfl' ! ly,~i '.K~~, Jl.~'/'~ar/Is` j Y .I. ry.,4,.i ~rc,'(, 4~""a' A y< _ t tii('7+.' `s'~'.~. `•rf't .f~~ ,r ~:xi~;z~y~'1t'rF It ~+yj1'~.~+L+'..~ ~ V.. ~I~~ ~1f`~~ ~~~~~`~'~1~~I I~ r'. V, ~i I.~ i.'.i 16 t r`'atl, ai~s{vu+"1~\,J ~'•'~~y^i4i '~.Y' t''~~'t~+ I. ~tf~, rl~l~ )~I ` L.`(// f W +wrVd'. ' t YyE4'~t ✓4✓~• [ y/ ' T7 ' f 0,, h ~1.1Y1~ SI'1 1 ~r'1 T 1 ~ ' 1i I'lI tam` ` ``I ~9 17 ~~sfl.f! o1W 1 I!/?i]4,,k, ~•~hiFi', ts+ _ t Cs..+ C yr;, .r r.• t~{'~fi ~~I-. ~ + 55.E 1 tl Its k 2 l~•i~~q.'iS r Q', t~ i ~`Jr\ -•I ~ Ijy'~~ ' ~'*"Y :~t,~,l) r'I\♦:i t."hj ?ti a •1 'P , ~,a~j' ~ ~3 ~{_~I~ \.e..s l•15'~/Ca~i,'Y+ ~ i. 1`.f in. t+r, .SJ ~y ~ r I~,I Jj;'.f` r l:. t11, ±S p'! .•,rt .''~~yy r ~~o•S~' n. T~ 'tl.• } 1'1 f`'"'1 y"~; N"5k'fr y~~', 1 11 ` '•1[ r r ~ r I / ~ 'l0 V K.4 •11e It(uS~(~4 ii '!,N / ~ ,t ~'.i ~l '~`l Tt; ~'T !'Y ,f,~t•~".'~'t,.r'.~ ~rt'LL~ ~?`rI! ~ fr~t~~``' r I if~•f } - y'hra I♦Ye"~J~ t .ryt 1 t + 1 y~t 3 / ~~f\ :S•ti1',1'e a'vL V.tq %rS 1. ~rl 11 t; r~ re 4~•,•t l.•1 r~ ~^~n ~dIS ~ V,, ,1I ~•r~l`~. .lt~i~ I.t , . ,dell 1 [ ~artv•~•.~ F. i~ C5 . v.J '~I:'!'• r I /~Cr`~il r• Y ~ (r kfk:•,A• t\ p 'j r1Y', ~ ' Lrl, Cam„ it'd 3. f f llf l ~y' r. f..r d 1 rt / /y ~'.r•-•bQ n r1' ,(..t + 1~,5 f~^ a t L,4u r7~ t,~! 1'.. ,T r 1 St, ' Yr t y ~F♦ii•~ i , , 1 ♦ Sv Y , ♦ ;V !S. f tvYJ 2/~ ~ r Eirr 1 fi 11l I /Ttt• I •a [ • ~ Ip~Q I F•,. tl ~+',1µi, 11r~ If'i ` 'al '1.~,~ .J11F-i 1 ~h Q 1f -.t4} 1 ~ 1.1 f' t+tlr id~• J9 xt/l ! r ~f. % ! lr ;.-1, ~`a ~ ~ l~ 5Mt a t SI '•.'f- ~ i ~ \~u~ 'l~yaa ...rr lti.. ~ YI M1 ~ ,I .t r ~ •a ~ i L .-S 1 , . j V r S ~,y r S. 11 a~S+,I +fl \1 ^~l ° i ~y a 0•. Y s'si' ,Nt a ♦1'''.fi•. f,SM. r 't •O '+IV~ ~r~ ~`'+'Ar~~' t.a ♦~lia ^ t Y ,/1 1 r\' ~•Cjtt rat T. ~r~ ' ~ . r yl, tlY r' Y ' , y J ~y~ I t. 1' ! t ~ f' 1 } ..t t. ~ I♦ ~ ! ~ ~ y ' ' ~ rG tl ( G' ,r ' ~0~'/„/v i~ 1l 5 ~ f7,~/ •f'ldf,', - l1 f 1M F3 1: t l / 1 t 'Itt lr '•1 ,f^ ~f pj' I T 4 a , t r" ~ Irr •.l I♦'~~ Is,, i`l1 =l L 3 aC r 1,. t utr`'.t _ 'd r^`~f .t'~ ^I Y'~~.,•~~ I i r ~Y~~~ t, s' ' S;~;~( ' }r' r, ESN •:AI , , ~ , 'SS I, 1\ ILI t CITY OF DENTON, TEXAS OFFICE OF THE CITY ATTORNEY MEMORANDUM C.,r.,Ttryta►, Aost City Attorney 1oR',4~1,orrta~ ~arlndatt C1ty Attorney RobiiE;l#~;XWslwlr,~A tpnt C#y•Attomey • /,/'i'• W o DATE: May 2S, 1983 TO: Robert Nelson, Director of Utilities C, David Ham, Assistant Director of Utilities G. Chris Hartung, City Manager PROM: C. J, Taylor, Jr., City Attorney SUBJECT: City participation with developers in obtaining easements for sanitary sewerlines and waterlines from Highway east 380 to Cooper Creek Liff Station and from Loop 288 going east to New Mobile Home Developments. The City of Denton is authorized by law to condemn private property for the public purpose of extending its utility systems inside and outside of the corporate limits of the City of Denton. The City may condemn private property for that purpose even though the co4nts thereof may be paid by private individuals in order to tie onto the systems. The City may use its own funds if they are available for the purpose of acquiring such easements or be reimbursed by private individuals, All of this is based on the assumption that the extension and development of the utility systems will become a part of the extended systems and be owned by the City of Denton. CJTJR : j s r•' . I THE SIATE OP T6AAS x KNOW A44 NBtt BY rH&SE PKBSBNTSj OOONIY Of DENTOn x THAI WK6ft6AS, Jamaa OriIfiA 4 Jack Browder sr4 the devatopers of 0 a r t a I o property mown on the attaahad pi at, which plat is inoorporated nerain as if sat forth in full, to the City of Denton, Denton County, Texas, and turtner described as Sandy Hills HobIL4 Home Park Suodiviston and Capricorn Hoblle Howe Park respeotivaly, and Developers desire to nerve such property with saver serviae offeLts facilities; and, WHCRKAS, The City of Denton oasires that aaah offsite sewer fAd tIaa be overafaed and the City will participate in the aacitional lost of the oversiaed faailit144 pursuant to the provisions of Section 20-74 of the Coda of OrdLaaaoes of the City of Denton, rexast NOW, TnGKdFORE, THIS AOREEMENT, made this tOth day of Hay lydJ, by and oatveen JAMES GAIFFIS b JACK BROWDER, Denton, Texas, hereinafter called "Developers", and the city of Denton, Texan, a none Rule municipal Corporation of tna state of Texas, hereinatter called "City"; d iTHESSETH i 1. The Developers Vill install, by contract or otaarwise, as 18" 94nit4ry sower line and acpurten~nca~_to serve the property described on the attached plat in accordance with all City of Denton ordinances, rules, regulations, policies and procedures. The said tad ilities shall be located as snows on the attached maps which are made a part nereof for All intents and purposes, Ins City'a .'nare of the estimated cost 0f a a i d facilities 1s 170,000,00. Upon completion 0f dons tructioa and ucCaptance by the Cloy of said tacilities, the actual coat of the City'a participation in said fac iIitIaa anall be determined and cartitIad to by the Director of Utilities and nit certificate setting out the City's coat of saiJ fac iIitIaa aha ll be attached nereoo and mnde a part nereof. lui:., •1. I , the 0 t t y ahall pay for its share of the (Act Lttias within thirty 0u) days from the data of aaoaptaaoe of the faotltties, or under such terms and conditions that are mutualty eocaptaale to the pareias, 4, Title to said fadllitiss is nare by and shall At all times bt vested to the City, 90 The Developers shall and do hereby egret to iodeanity and hold harmless the City from any and all damages, (use or liability of Any Kind whatsoever, by reason of lniury to property or third person occasioned by any sot or 0mis6ton, neglect or wrong-doing of Developers, their aftlaers, agents, employees, invitee a, contractors or other persons with regard to the performance of this contract, and Developere will, at their ovn cost and expense, do tend and prottat against any and all auah claims and demands, ( LN WITHESS WHEREOP, this instrumarnt is exeoutad in triplicate originals this ,say at„_, A.0. 063, CITY OF DENTON, TE:IAS , 6Y ArIESC: CHARLOTTE ALLEN, CITY SECUTARY CITY OF DESTON, TeXAS APPROVED AS TO LEGAL FORM! d-. J. CAY 0 , JR, CITY ATTORNEY LU81i1-1 CITY COUNCIL MINUTES July 13, 1983 The Council convened into the Special Called joint meeting with the Denton County Commissioners Court at 12100 noon in the Civil Defense Room of the Municipal Building. PRESENTt Mayor Stewart, Mayor Pro Tam Riddlesperger: Council Members Barton, Chew, and Hopkins Judge Buddy Cole, Commissioners Walker, Batay and Switzer Assistant City Managers, City Lttorney, City Secretary; County Auditor Hill ABSENT: Council Members Alford and Stephens; Commissioner Jacobc! 1. The Council and Commissioners held a discussion of City/County jointly funded programs. Judge Cole reported that Flow Hospital would need $1 057 000 during the next budget year and that the indigent care contributl!on to Flow did not approach this fil;ure. Cole also reported that he and Auditor Don Hill had met with Flow Hospital Administrator Jeffrey Hausler and members of the hospital Ackrounting staff. Ine $1 million was not indigent care but a cowbinatiou of items. Thu budget request break-down for capital needs included $I,270,520 for capital equipment, such as now equipment for the Radiology Department, and $154,000 for non-medical expensej, such as maintenance. Judge Cole then asked the Council what they would want to do. Cole also stated that the Council might feel that the county was not doing what they should in respect to indigent care. Auditor Hill stated that the Flow budget for this year included $1,400100 in capital needs and expenditures. In the past, Flow had approached the County with their request which was based on actual capital needs. Indigent care was always in the operating 'Dud ot. The indigent care cost figure was an estimate of care costs gnus patient revenues; all capital items were listed separately. Tile County had gone over the capital needs last year and reduced the figure from $354,00 to $300,000. The $1.4 million figure this year was the result of a build-up of needs over the previous years. Hill stated that the new administrator at Flow Hospital would try to implement a plan of action for long range planning. Auditor Hill also stated that he believed the concern of the City was whether the County was taking care of their indigent care responsibility. Hill reported that he had not been able to determine how the funds budgeted to Flow were be',.s, spent as all items were under the capital needs accounting cat_,; .y. Hill stated that the County had been meeting the indigent rate responsibility after the Hill-Burton criteria was applied, but that neither the City nor the County was meeting their responsibilties for the hospital's capital needs. Hill stated that the County woulc take care of indigent care and then asked how did the City and the County want to handle the issue of capital needs. The radiology equipment at Flow will need to be replaced as it is all 20 years old. In future financial planning, a regularly scheduled phasing in of new equipment should be considered so that the cost would be diffu6od over several years. Council Number Barton responded that he believed Auditor Hill was correct on both points. Barton stated that there appeared to have been improper planning by the Flow Board of Directors and that the problem was with the capital needs and not indigent care. Barton also stated that there was a need to go forward and put money into Flow. One method would be to form a hospital district and 'mold a bond election. City of Denton City Council Minutes Meeting of July 13, 1983 Page Two Council Member Riddlesparger stated that the bond issue would have to make reference to the fact that a doctor's building would need to be constructed. Riddlesperger stated that tie saw no real way out but a hospital district tax. Some type of regular funding needed to be established so that Flow would not have to beg money from the Cityy and the County each year. The City might have tax money dedicated to the hospital for an interim period until the hospital district would be established. This kind of institution would be for use for all of the County and should be supported by a regular tax for its needs. Auditor Hill responded that a tax has been designated for indigent care. Council Member Chow asked how much. Auditor }sill responded ,027¢, Mayor Stewart stated that this would be a step in establishing the hospital on a business basis and that all taxpayers in the County should be paying. Council Member Riddlesperger stated that the City should look at the total needs of the hospital for one year, such as bond needs and new equipment, and put this amount on a tax bill, He further stated that 50 is a hospital tax. Riddlesperger also stated that he believed the City and County should move in this direction and then vote on a hospital district. Commissioner Walker asked if the 54 tax was on County tax, City tax, or both. Council Member Riddlesperger responded both, Commissioner Walker e,skod if the Council fait that Denton paid morn than the other cities in the County. Council Member Ridd',esperger responded that Denton taxpayers pay one-fourth now and asked what the Commissioners fair, was fair. The City of Denton would have to increase taxes 3E to raise the same amount as the County would if County taxes ware increased 10, Commissioner Walker stated that the others cities in the County were not partners in the hospital like the City of Denton was and that the City should pay a fair share. Council Member Riddlesperger stated that he would be happ;r to turn this over to a hospital district. Commissioner Switzer stated that a hospital district was proposed 15 years ago and was turned down. Council Momber Barton reported that there was a partnership and both parties should address the issue of capital needs. Mayor Stewart stated that in the past 5 years the City had agreed to do curtain things. He did not believe that indigent care had been covered and that all persons in the County are partners. Stewart then asked why Denton should pay more. A committee was formed to separate indigent care from bad debts and the indigent care bill was sent to the County. Stewart also stated that he was not willing to tax Denton twice while the rest of the County only paid once and that a hospital district would accomplish this and. Stewart also stated that if an agreeable arrangement could not be worked out, he was willing to get out of the hospital business. City of Denton City Council Minutes Meeting of July 13, 1983 Page Three Council Mnnber Chew stated that the issue of a hospital district would have to be taken to the voters and that the pu^pose of this meeting was capital needs. Chew stated that Flow is a City/County hospital and Ito felt that if all parties paid a Lair share the immediate situation could be resolved. Mayor Stewart responded that the hospital was necessary and needed; the issue was the fair share payment. Council Member Chow responded that the City and County could arrange another meeting to discuss the fair share payment and hospital district at a later date; the concern it ow was the capital expenditures. Council Member Hopkins stated that the $1.4 million dollar reQcest would take an in-depth study. There were some items in the amount that might not be necessary. Hopkins suggested that an indepen:ent person or firm should look at the budget request and determine the immediate needs. Council Member hiddlesperger asked what portion of payment by the city of Denton would he fair, The City would pay one-fourth anyti•ay; now much more would be required. Commissioner batey stated that both entities must look at the '-road s ectrum. Tax was one issue but another consideration was usage. The County would attempt to fund the indigent care and then the itv could share with an equitablo amount to finance capital ne%~Gs'. batoy also stated that both parties would nnad to accept a responsibility to Flow Hospital. The hospital district was a fine idea but he did not feel that it would pass. Tha City and C.:unty naedod to decide how to finance these needs. batey stated that the County would have to participate at a higher level and he hoped that the City would also. Commissioner Switzer stated that he was a resident of Denton when Flow came into exis:enco and at that time, the City of Dentcc was the County. Commissioner Walker stated that the citizens in the southern portion of the County did not use Flow Hospital and that a hospital district election would not pass in this part of the County. Auditor hill stated that studies on indigent care have shown that moat of these patients from cities other than Denton in the County are going to parkland and not Flow. Mayor Stewart responded that the County was responsible for indigent care. Judge Cole stated that the day would come with the County would :Ave to pay for the indigent care of Denton County patients who used hospitals other than Flow. The County was working with Fl.cv on screening actual indigent care expenses from bed debts. Cole further stated that the City and County were in agreement that an answer to the capital needs issue was needed now. The hospital administration was willing to set priorities and check into long term financing for future equipment. Council Member Hopkins grated that there was a need to ricritize capital needs and felt that the Flow HO Lp1•tal Hoard of girect.rs, the City Council, and County Commissioners should meet in an effort to set these priorities. Judge Cole stated that at the present time, Flow Hospital is a public hospital ano if it were sold, the County would have tc pay the indigent care °or County residents of all hospitals in the County. City of Denton City Council Minutes Meeting of July 13, 1983 Page Four Council Member Riddlesporgor stated that a certain amount .of County tax could be designated for the hospital. If thQQ Cityy of Denton residents pay County taxes and are tax again eor the hospital through City taxes, they would be paying twice. Commissioner Walker responded that tho City of Denton was a legal partner with the County in Flow Hospital and the other cities in the County were not. Council Member Hopkins stated that a committee should be formed consisting of I or 2 members of the Commissioners Court and the City Council. This committee should meet with tIto hospital adm:uistration and determine what needed to be done to finance the present request Eor capital needs. City Manager Hartung stated that indigent care was a legal issue and that hosppitals were notorlous for being sink holes for capital needs money, Le sung stated that it needed to be determined what business Flow hospital was in and the type of facility the hospital should be, There are several levels of medical care services which could be provided such as clinic doctors building) or hospital. Hartung also stated that a tinanciai plan was necessary. Auditor Hill stated that Flow had to be run as a private institution on a business basis. Council ?Member Hopkins agrood than a decision needed to be made on what type of facility Flow wou,Ld be. Auditor Hill stated that at the present time, no long r.Ctkle plan for the hospital was available for review. Council Member Hopkins stated that he wanted to know from the hospital what needs were absolutely necessary. Mayor Stewart responded that the Flow Hospital Hoard of Directors should be the entity determining this and making the recommendations. Council Member Chef. stated that the Board should be instructed to develop a philosophy for the hospital and make a dUtGrmina.4on On what kind of facility Flow should be. All of this information should be gathered and then go from there. Judge Cole stated that he nooded to dig In and sac where the money at Flow was going. Council Member Chew reiterated that the City Council, the County Commissioners, and the Flow Hospital. Board of Directors needed to gat together. Judge Cole responded that the County was trying to make budget determinations and needed to know if the City would support their decisions regarding Flow Hospital. City Manager Hartung stated that Flaw needed to be sun as a business even though it was a non-profit organization. Council Member Hopkins stated that the situation w U h the hospital had deteriorated and must be corrected. Judge Cole stated that the City an.i Couacy might have to look at getting out of the hospital business. Council Member kiddlesperger stated that hospitals cast money and he knew of no public hospital that was making a,profit. City of OonwnC ty council Minutes Fleeting of July Page Five Commissioner Walker stated that she felt it was fair for the County to pay all indigent care but over and above these eostq, the remaining amount should be split :0/50 between the City and County. Commissioner Switzer stated that when the hospital came into existence, it was a Cltyy/County facility, The County had taken over the bulk of the rosponsibility and could no longer do this. Auditor hill stated that what he believed Mayor Stewart was wanting was a closer inspection of the indigent care costa to assure that those costs ware exclusively for indigent care. Council Member Riddlesporger asked If the same formula for fair share payment might be applied to the City/County Library. Council Member Hopkins suggested that Judge Colo, Auditor Hill, and City Manager Hartung meet with the new hospital administrator and relay to him the wishes of the Council and Commissioners for a study of immediate capital needs and the importance of long range planning for F'low's future. The Council and Commissioners could make a decision on how to proceed with Flow after this information was available, Judge Cole asked the City Attorney about the legality of either the City or the County calling an election to ask the voters about the disposition of Flow. City Attorney Taylor responded that this would be an advisory election and would not be legally binding. Council Member Barton asked if there had been a problem in the past stemming from a lack of information from the Flow Hospital Boazd of Directors. Judge Colo responded yes, but lie should have looked into the matter himself. Commissioner Walker asked if the Council and Commissioners were In agreement that they were partners in Flow. The consensus of the Council was that there was a partnershLp but the issue of fair share paymant was not resolved. The Council then adjourned into the Executive Session to discuss legal matters, real estate, and personnel. No official. action was taken, ~TTE"~LE~ , C a c ETAkY 0941C CITY COUNCIL MINUTES July 19, 1983 The Council met on Tuesday, July 19 at 1;00 p.m. at the Civic Cantor for a tour of various City facilities. Tito facilities included Chu new Wastewater Treatment Plant, the new Police Administration Building, the Senior Center, and several of the City parks. The Council than convened into the work session at 500 p.m. in the Civil Defense Room. PRESENT; Mayor Stewart, Mayor Pro Tem Riddlesperger; Council Mombers Alford, Barton, and Ilopkios. City Manager, Uty Attorney, and City See:rotary. ABSENT: Council Members Chew and Stephens I. The Council hold a discussion of the lighting for the Council Chambers, Assistant City Alanager McKean reported that a proposal for a new lighting system for Lila City Council Chambers had been pruvicea to the Council in the agonda waterial. She than asked if the Council Members were satisfied with the lighting as it was now. Council Numbers were in agreement that the lighting was satisfactory and that anothur expenditure was not needed. 2 The Council received a report on the survey of eP'. J£- lty Library patrons. Assistant City Manager McKean distributed t report to the Council of the survey findings. She reported that the public felt the Library was a County as well as City facility and since the patrons ;sid County taxos to supi-ort the Library, thev should nol: be require. to pay an additional too. As the County withdraws funding, the Cit',. will need to develop long range planning for the operation of the Library in the future, McKean reported that lead-back frca the survey showed that most out-of-City patrons did not understanJ that it was the County withdrawing the funds, but thought it was the :Ity, Council Member Riddlesperger asked if letters could be sent to a,ese patrons explaining that the City was not withdrawing tunds. Assistant City Nanaar McKean responded that a professional .:arson had been at the circulation desk at the Library to answer any questions from patrons. McKean suggested that Ma. Margaret Nichols, County representative to the Library Boardp make a presentatic:', to the County Commissioners on the results of the survey. Council Member Stephens joined that meeting, City Manager Hartung stated that the budget which All be subzi:tad to the Council will show reduced hours for the Library, Council Member Chow Joined the meeting. Council Member Riddlesperger stated the the County Commissioners needed to know that if County funds were withdrawn from the Library, a charge would have to be collected from out-of-City patrons. Riddlesperger also stated that Ms. Nirhols should report this co the Commissioners. The Council adjourned into Executive Session to discuss legal matters, real estate, personnel, and board appointments No official action was taken. City of DQnCop Ci y C44 {tcoil minutes Mooting of July 1 > 1.93 Page Two The Council convened into a work session at 6100 p.m. in the Council Chambers to receive a report on the Laka Ray Roberts recreation plan. Cityy Manager Hartung introduced Mr. Roger Hamilton of the Corps of Enginears. Mr. Hamilton reported that the Ray Roberts facility would be 40,000 acres in size and would increase Lewisville Lake to 40,000 acres as well. As the pool surface at Lewisville Lake is raised, some recreational facilities wi'.1 have to be relocated and some new ones will be built. There will be 6 or 7 recreational areas at Lake Ray Roberts. As the areas are davaloped, the philosophy will be to bu~ld facilities which will be cost effective to manage. Two large 'active' areas will provide a full range of recreational £acilitiea including hikisig trails, an amphithoatra, and a small fishing lake. Two "passive" areas have been designated for future development. These areas will initially have boat ramps and hiking trails. Recreational opportunities at the passive areas will be expanded in the future. Ir. Hamilton also stated that after the contract between Denton and Dallas was finalized, the Texas Parks and Wildlife Department became interested and had agreed to take over one of the small passive parks. Undue this agreement, the Parks and Wildlife Department will be acquiring 3 existing fish breeding facilities to orderlto insure a constant high level of game fish in the reservoir. The question was asked when would all of the parks at the lake he completed. Mr. Hamilton responded that the 2 large active parks were scheduled for completion in 1986. The passive parks would be completed as funding allowed. Another questions was asked concerning the availability of lake property for commercial marina sites. Ir. Hamilton replied that this wcild be a very shallow lake and would require quite a bit of drodging to accommodate a marina. However the state would entertain inquiiros from private enterprise to undertake this type of project. The Council then convened into the Regular Meeting At Y:00 p.m. in the Council Chambers. PRESENT; Mayor Stewart, Mayor Pro Tom Riddlesperger; Council bombers Alford, Barton, Hopkins and Stephens. City Manager, City Attorney, and City Secretary. ABSENT; Council Hember Chew 1. The Council considered approval of the Minutes cf the Regular Meeting of July S, 1933. Riddlebperger motion, Alford second to approve the Minutes as presented. Motion carried unanimously. Council Member Chew joined the meeting. The Mayor presented a Proclamation to Sgt. Williams of the Army Recruiting Commanders Office in Denton declaring the month of August, 1983 as U. S. Army Awareness Month. 2. Consent Agenda Hopkins motion, Barton second to approve the Consent Agenda. Notion carried unanimously. Cityy of Denton City Council Minutes Mao. ng of July 19, '1933 Pago Throe Consent Agenda; A. Bidet 14 Bid 0 9162 - Jason Lana paving (partic.lpa- tion) 2. Bid 0 9163 - Lease of Passenger Car 3. Bid 0 9165 - Utility Transformers 4. Bid 0 9167 - Park Fence B. Plats and Replatst 1. Approval of the final ropplat of lots 7, 8 and all of lot 91 block B, Ftrst Installment of the Montacito Estates Addition. (The Planning and Zoning Commission recommends approval.) 2. Approval of the final plat of the Paisley Place Subdivision. (The Planning and Zoning Commission recommends approval.) 3. Approval of the final replat of lot 10, `.lock D, Sunrise Addition. (The Planning and Zoning Commission recommends approval.) 4. Approval of the final roplat of The Village - Phase IV. (The Planning and Zoning Commission recommends approval.) C. Contracts 1. Approval of a contract wiOl William M. Mercer, Inc., to develop a benefits slide presentation for the City of Denton. 3. Public Hearings A. The Council considered the petition of Wayne 0. Allen requestingg a change in zoning from agricultural (A) to the uommorcial (C) classification on a five (5) acre tract located along the east sida of the Masch Branch Road and beginning approximately 1/4 mile south of the intersection of Masch Branch Road and Highway 380 blest (University Drive). (2-1581 The Mayor opened the Public Hearing. No one spoke in favor of the petition. No one spoke in opposition to the petition. The Mayor closed the Public Hearing. David Ellison of the Planning and Community Development staff reported that when the at-on had been annexed, a business was in place on the property. The petitioner wanted to insure the continuation of the business and to have the proper +oning in place in the event of future business ventures. The Planning and Zoning Commission was cautious of blanket commercial zoning due to the fact thet residences were also in the aeon. 1. The Council considered adoption of an ordinance changing the zoning from agricultural (A) to the commercial (C) classification oa e five (5) acre tract located along the east side of Masch Branch iload and beginnink approximately 1/4 mile south of. the intersection of Masch Branch load and Highway 380 '.Jest (University Drive ) City of Denton City Council "linutes Meeting of July 19, 1983 Page Four The following ordinance was presentedi 83-71 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE N0. 69.11 AND AS SAID MAP APPLIES TO APPROXIMATELY 5.000 ACRES OF LAND OUT OF THE WILLIAM BRYAN SURVEY ABSTRACT NO, 148, DENTON COUNTY TEXAS; AND MORE PAR'ICULARLY DESCRIBED HEREIN; AND DEGILARING AN EFFECTIVE DATE. Alford motion, Chew second to adopt the ordinance. On roll call vote ~ Barton "aye", Hopk~ ~~aye", Stephens "dye"1 Alford "aye", Chew aye , Riddlesperger aye , and Mayor aye Motion carded unanimously. B. The Council considered the petition of Phillip 0. Vick, Dan Trammel and Stephan E. Reese requesting a change in zonin from multi-famLiy (MF-1) to the planned development (PD1 classification for office use at 620 West Hickory. The property is located at the northeast corner of West Hickory and Denton Street. (Z-1588) The Mayor opened the Public Hearing. Mr. Gary Juren, architect, spoke in favor of the petition stating that he was a member of the Planning and Zoning Commission but had excused himself from the voting proceedings which this petition was before the P&Z Mr, Juron stated that the proposed change in zoning to a Planned Development would afford the City more control in the development. Mayor Stewart asked the City Attorney if Mr. Juren's position on the Planning and Zoning Commission represented a conflict of interest. City Attorney Taylor responded that he wished to speak to the Council in Executive Session. The Council adjourned into Executive Session to discuss le8al matters. When the Council convened into open session, Mayor Stewart stated that the City Attorney had ruled that Mr. Juren was an officer of the City and it was a violation of the conflict of interest provision of the City Charter for Mr. Juren to present the case before the Council. Mr. Dan Trammell spoke in favor of the petition stating that the change in zoning was being sought so that professional office building could be constructed. The Planned Development category would give the City staff more control over the development. The petitioners had been approached by developers who wanted to building apartments on the property. If the zoning was not approved, the petitioners would sell the property to the apartment developer. Mr. Trammell also stated that the petitioners would work with the Historic Landmark Commission to maintain the integrity of the neighborhood. Mr. Trammell stated that he felt the professional office building would be the highest and best use of the property. Council Member Hopkins asked if there were any specific plans drawn for t1lo building. Mr. Trammell replied no, the petitioners were waiting for direction from the Historic Landmark Commission before final. plans were completed. No one spoke in upposition. The Mayor closed the Public Hearing. Cityy of panpo C ty C4unoil Minutes Muckingg of .lu~y 9, 1983 Pagn Fivo David Ellison of the Planning and Community Development staff stated that 19 reply forms had boon mailed to proporty owners within 200 feet. Four wore returned in favor and zero rre ~4lrned in QppPosiCion. If the zoning change was approved, a maximum G8~0 square foot office building could be constructed at this site. The square footage was calculated by the area which would have to be designated as parking lot space. The Planning and Zoning Commission felt the Historic Landmark Commission shoud have a voice in the architecture as many homes which have been designated as historic. landmarks arc, in the area. This particular area has a variety cf land uses in place, such as apartments, single family housing and a legal nonconforming use establishment at the Davis Purity Bakery. The Denton Development Cuide locates this site as between the on inal downtown special purpose activity center which encourages office uses and other redevelopment that would serve as a anchor for revitalization for the core of the City and a low intensity area. All streets and public utilities adequate and are in place and available. Ellison reported that the only traffic problem would be Denton Street. The Planning and Zoning Commission requested that the Council receive a recommendation from the Citizens Traffic Safety Support Commission in respect to closing Denton Street to potential on-street parking if the petition is approved. West Hickory is designated as a secondary major arterial and would be adequate for the amount of traffic which would be generated by this proposal. There would be no significant difference in the amount of traffic which would be generated at this particular site if developed as multi family land use to its fullest capacity or the proposed office use. The parking would be 1.6 on-situ spaces. In respect to the over-all PD concept, there were no major technical problems with this request meeting the zoning ordinance and building code requirements. One problem exists in terms of esthetics and general urban design which had drawn comments from both Staff and the Planning and Zoning Commission. This problem would be the prospect of a concrete or paved parking area in the front yard of the location. It had always been recommonded that when residential uses exist adjacent and abutting a proposed higher intensity use, such as office or commercial/retail, if possible a nicely landscaped front yard which is residential in nature be retained and maintaince. From a practical point of view, to decrease or eliminate the frout yard parking in this particular instance would mean decreasing the size of the over-ell building fairly significantly. The petitioners are not in favor of eliminating the front yard parking and no other feasible solution exists. Because this site is located in a historically significant area, the staff consulted the Historic Landmark Commission prior to taking the petition to the P&Z. Each member of the Historic Landmark Commission felt this use would be the lesser of the two evils between a professional office building and an apartment complex. The members felt the apartments were more of a threat to the over-all character of the area than the proposed office use from an esthetic and architectural standr)oint. The petitioners have agreed to construct a building which would be residential in character in style. The Historic Landmark( Commission felt that any type of high intensity encror.clwment into this area, such as the office building, could possibly be a problem bacause it would be setting a precedent. The PLZ agreed with the general concept, but also agreed in an immediate sense it would be far worse to the character of tho area to have some unrestricted apartments developed. The proposed office building would give the City more contro l. The present policy provides for a case by case evaluation of future zoning requests and this would safeguard against any wholesale encroachment of office type uses in the area. Staff is agreed that a possible precedent could be set in this area if the zoning request is approved. Staff is also agreed that standard multi-family apartments could have a negative impact as well. If this was s single family area or if there was an existing residence, it would simplify the decision. This is, by and large, a residential area and any office use, regardless of the architectural character, is not residential in nature. What should be done in terms of any building being placed in this sensitive area with a City of Denton City Council Minutes Meoking of July 19, 1983 Page Six very limited amount of Ocntrol, Tho Plannititig and Zoning Commission's decision by a vote of 4 to 2, was to rooommend approval of the petition with 8 specific conditions, Tho condition regarding the Historic Landmark Commission was meant to be striotly a consultation procedure and the HLC would not have final approval of the structure. It was not felt that this condition wore result in any delays for the petitioners. Ellison summarized that the Staff felt that the overriding concern should be consideration for the wishes of the residents and feed-back from some area residents that they would prefer to see well control office development as opposed to additional multi-family. Council Momber Riddlesperger asked if there was not a chiropractor's offict• across the street tvom the proposed development. Ellison answered that it was further west along Hickory and on the south side of the street. The office was does look like a residence and was a non-eonformtng use. 1. The Council considered adoetion of an ordinance changing the zoning from multi-family (MF-1) to the planned development (PD) classification for office use at 620 West Hickory. The property is located at the northeast corner of West Hickory and Denton Street. The following ordinance was presontodi 83-74 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO '01E CODE OF ORDINANCES OF THE CITY OF DF.NTON, TEXAS, BY ORDINANCE NU, 69-1. AND AS SAID MAP APPLIES TO 620 WEST HICKORY STREET, DENTONI DENTON COUNTY, TEXAS; AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE, Chew motion, Barton second to adopt the ordinance. The Mayor asked for a ruling from the City Attorney on whether the original petition before the Planning and Zoning Commission would not make this illegal due to the conflLct of Interest problem with Mr. Juren. City Attorney Taylor responded that in his Judgement, the recommendation from the Planning and Zoning Commission was a recommendation only and the Council was not bound by what the P&Z does. (in Alfordll Idyelll kvote iddlesapor Ier a aye0 tt Cit awls 11 Ll 11, andtepayor "ney"I Motion carried 5 to 2 with Stephens and Stewart casting the nay votes. The Mayor stated that tie voted nay as he believed that a L:gal questions had been raised; also because tie believed that it was block busting and felt that it would not be Long before other commercial establishments would be on this street and that it would be a shame to do so. C. The Council considered the petition of Nolan Browne requesting a change in zoning from agricultural (A) to the light industrial (LI) classification on a 13.994 acre parcel located adjacent and west of the I-35 West service road and adjacent and south of Ohio Rubber Company. (Z-1589) The Mayor opened the Public Hearing, Mr. Nolan Browne, representing the property owners, spoke in favor of the petition stating that this tract of land was bordered on the CiC of Denton City Council Minutes Mewing of July 19, 1983 Page Seven north and south by light industry, on the east by an inparstats highway, and to the west on the rear by laud that approaches willerrobabing Airport Drive across from Potoybilt. The proparty was strp of agricultural } a id iti estpetitio Or This to lhave w the property zoned light industrial. No one spoke in opposition. The Mayor closed the Public Hearing. David Ellison of the Planning and Community Development Staff reported that this was an area which consists of light industrial land use and zoning on almost all fronts. The area was also designated as moderate intensity by the Denton Development Quids. The area is in the area of the airport and light industrial land use appears to be reasonable at this site. The Planning and Zoningg Commission had unanimously recommended approval but had directed Staff to bring the message to the Council that the time Is near when the City could not continue to approve zoning change requests in this area unless specific answers can be found to several traffic related problems in the area. Specifically, the major concerns are the condition and maintenance the I-35W service road, which is deteriorating due to the heavy user traffic to the industrial area, and how the City proposes to plan for future access to this area. The Planning and Zoning Commission felt that a meeting should be held crith the Clty Council for the purpose of discussing solutions to these access problems before additional changes in zoning in this area are approved. The P&Z recommended approval of this particular petition by a 7 to 0 vote. Council Member Hopkins stated that the last time the Council approved zoning in this area, the matter of transportation was discussed and the Council indicated that they would be requiring; a corridor that would service this area. Council Member Riddlespevger asked if the proposed ordinance regarding the one-way traffic oil the access road would affect this property. Ellison responded that this site would not be affected by the ordinance and that the major problum was maintenance. Council Member Stephens asked if the Staff had chocked with the State Highway Uepartmant on how this areas suvvice or access roads would be impacted by the proposed extension of Loop 388. Ellison replied that the staff had contacted the Highway Departmeot but did not receive a dolinite answer. Hopkins motion, Alford second to approve the petition. Motion carried unanimously. 4. Ordinances: A. The Council considered adoption of an ordinance granting consent to Acme Brick to use certain stroets and alleys for gas pipeline purposes. City Manager Hartung reported that this was an extension to an ordinance which was passed 25 years ago. Acme Brick Company has requested the passage of the new ordinance. The following ordinance was presented: 83- AN ORDINANCE: GlU1NTING TO ACME BRICK COMPANY, ITS 5U M'SSORS +VVD ASSIGNS, CONSENT TO THE USE OF CERTAIN STREETS AND ALLEYS FOR GAS PIPELINE PURPOSES. CiOyy 04 Denton City council 'kfinutos Meeting of July 19, 1983 Page Eight Riddlesppurger motion, Hopkins second to adopt the first reading of the ordii}iinco. On roll call vote Barton "ay9", Hopk~jls "aye" Stephens ~~ye", Alford 'aye", Riddlesper8or "aye', Chew aya", anA Mayor. ayo . Efvtion oarried unanimously B. The Council considered adoption of an ordinance relating to handicapped parking. Assistant City Manager Svehla0reported that the Citizens Traffic Safety Support CommissLnn had heard a request Clint now handicapped parking spaces be designated and some existing parking spaces be relocated. Council Member Hopkins asked if the handicapped parking spaces in front of the movie theater on the square would remain, assuming that the theater would stay out of business. Assistant City Manager Svehla replied yes; however, if the theater reopened the Yiro Lode would require those spaces to be moved from in front of the theater as it was a fire lane. The following ordinance was presented; 83-75 AN ORDINANCE REPEALING AND REENACTING SECTIONS 24-134 AND 24-135 OF CHAPTER 24, ARTICLE V OF THE CODE OF ORDINANCES OF THE CITY Or DENTON, TEXAS, RELATING TO PARKING FOR DISABLED PERSONS; PROVIDING FOR THE MARKING OF PARKING SPACES FOR DISABLED PERSONS; PROVIDING FOR THE EXCLUSIVE USE OF SUCH SPACES BY VEHICLES WITH SPECIAL LICENSE PLATE DEVICES OR IDENTIFICATION CARDS ISSUED BY THE TEMS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR DISABLED PERSONS; PROVIDLNG A PENALTY OF A FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN TWO 11UNDRED DOLLARS PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Hopkins motion, Barton second to adopt the ordinance. +7n roll call vote Barton "aye", Hopkins 'avo", Stephens "aye", Alford "aye.", Riddlesperger "aye", Chew "aya'r, and Mayor "aye". Motion carried unanimously. The following ordinance was presented; 83-76 AN ORDINANCE REPEALING AND REENACTING SECTION 24-136 OF ARTICLE. V, CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING TO PARKING ON PUBLIC PROPERTY FOR DISABLED PERSONS; DESIGNATING 14HERE SUCH PARKING IS SO RESTRICTED; PROVIDING A PENALTY OF A FINE OF NOT LESS TRAM FIFTY DOLLARS NOR MORE THAN TWO HUNDRED DOLLARS; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. Hopkins motion, Barton second to adopt the ordinance. On roll call vote Barton "aye" Hopkins "a a", Stephens "aye'', Alford "aye", Riddlesperger "ayef, Chew "aye', ane mayor "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance approving the State Department of Highways and Public Transportation s proposal )rohibiting two-way operation of traffic upon the frontage roads of IH-35. Mayor Stewart stated that he had been told that there were several people in the Chambers who wished to speak regarding this ordinance. The Mayor asked to hear Prow one spokesperson. I City of DQQn on City Council Minutes Mooting of ~uly 19, 1985 Page Nine Mr. Dwayne Vance, area resident, stated that the area on the east side of IH-35 was isolated from other streets flowing into the Donttgn business aroa. IC the service roads wore made one-way, the resic~onts would have to drive to the truck stop on 77 to get on 01-35 or to come Ato town. Mr. Vance stated that tho residents would be forced to double their mileage to get in and out of the neighborhood. Mr. Vance added that the ono-xay service road could be a safety hazard in ghat Police and Fire vehicles will go the wrong way on a one-way street, but that ambulances will not. If an ambulance were called for a resident in this area and the ambulance driver missed the turn onto the proper street, the ambulance would have to go all th@ way around to the truck stop and back up the other service road before entering the neighborhood. Mr. Randy Parker, Ngnager of the Greenway Apartments, stated that he felt that it was premature to make this commitment to the state Highway Department. The residents of the neighborhood had an awareness of the potential of safety problems, but the intersection of 380 and IH-35 had experion:ed more accidents that this two-way service road. Assistant City Mans or Svehla reported that the Citizens Traffic Safety Support Commission had reviewed this item in June at the request of the State Highway Dopartment. The Highway Department was in the process of beginning reconstruction of 1{I-35 from the Cooke County line south through Denton. If service roads were to remain two-way, additional right-of-way would have to be purchased as the two-way service roads require a different design from one-way roads. The request before the Council now was only for t}-a service roads north of 77 to the northern City limits and would not affect the residents of the Greenwood area. Council Member Stephens asked when the Council would need to leek at the service road between 380 north to 77. Assistant City Manager Svehla responded in approximately 1966 and that the extension to Loop 288 would not be completed before 1957 at the earliest. Mayor Stewart asked if it was mandatory to adopt the ordinance new, Assistant. City Manager Svehla responded that if the ordinance was not passed, it could create a delay in the Highway Department's plan to reconstruct IH-35. The Highway Department needed to know if the service roads will be one-way or two-way before they could proceed with the design phase of the project. Council Member kiddlespeeger asked if the proposed ordinance would only affect the service roads from 77 north. Assistant City Manager Svehla replied ves and that the service roads from 380 to 77 would not be affected until the proposed extension to Loop 288 was bi.gun. Council Member Hopkins stated that he believed futuro development in this residential area would alleviate the access problems before the extension to Loop 288 was completed. Barton motion, Chew second to deny. Motion carried unanimously 5. Resolutions A. The Council eonsidereo adoption of a resolut',Ln supportf.ng the maintenance of water quality in Lewisville L,Ske. City Manager Hartung reported that this item had been requested by the City Council. The issue of water quality in Lake Lewisville had been discussed with other cities and had sparked an interest. This resolution would be shared with other water entities in the area. 'rho City of Dallas had also indicated that they would pass a similar ordinance. Cit of pen on City Cpunoil Minutes Mae ing of ~uly 19, 1989 Page Ten Council Member Hopkins stated that s.ftor the City Council had hold their discussion, an article had been printed in one of the Dallas papers on the same subject. Council Member btaphens ask?d that Cho wording of "clear water" be changed to read "clean water'. The following resolution was presentudi R E S O L U T I 0 N WHEREAS, Lewisville Lake serves the cities of Denton, Lowisvll.ls and Dallas as the sole or major supply of water for municipal use; and WHEREAS, the Denton City Council is dedicated to providing high quality water to its citizens from water obtained from Lewisville Lake; and WHEREAS the Denton City Council is concerned about pollution In Lewisville take from existing and now septic systems at or near the lake, lake recreational use, non-point and point sources and new residential and business developments near the lake that do not have adequate wastewater treatment systems; NOW, THEREFORE, DE IT RESOLVED BY THE DENTON CITY COUNCIL: THATt SECTION I. The City of Denton hereby expresses its firm commitment to ppursue ppolicies and actions to help maintain the water quality in Lewisville Lake at high standards to assure a continued supply of fresh water for Denton and the surrounding area. SECTION II. The City of Denton hereby strcn6ly urges all parties that are involved in managinji the Lewisville Lake and it,a recreational facilities such as fire Corps of Engineers, parties regulating Lewisville Lake's water quality such as the Texas Department of Water Resources, tho Environmental Protection Agency and the Denton County Health Department, parties discharging wastewater treatment plant effluent into Lewisville Lase, parties devolopi.ng properties, homes and businesses in and around the lake or responsible for regulating such doveloppMont, and parties utilizing Lewisville Lake's recreational parks, shoroliue and water surface for recreational purposes, to also pursue policies and actions to help maintain the water quality In Lewisville Lake at high standards to assure a continued supply of clean, fresh water for the regions municipal and recreational use. SECTION 111. The City Secretary of the City of Denton shall cause a copy of this Resolution to be forwarded to the United States Corps of Engineers, the Texas Department of 'dater Resources, the Environmental Protection Agency, the Denton County Health Department, the City of Dallas, the City of Lewisville, and other appropriate entities and parties after Ica passage. PASSED AND APPROVED this 19th day of July, 1983. RICHAR ,a , FA a CITY OF DE,NTON, TEAS ATTEST; CHARLOTTE ALLEN, C117=UKE7M CITY OF DENTON, TEXAS APPROVED AS TO LEGAL POR,kk C. J. TAYLOk, JR., CITY ATTORNEY CITY OF DENION, TEXAS BY: _ City of Denton City Council Minutes Meeting o, July 19, 1983 Page Elayun Chew motion, Hopkins second that the resolution be ?,eased, On ro11 call vote Barton aye , Hop~ins"aye") Asophens aye , Alford 'aye", Riddlesperger aye , Chow aye", and hayor aye (lotion oarr»ed unanimously, B, Tha Council considered adoption of a resolution in memory of formor Public Utility board member Stan Munson. The resolution in memory of Mr. Munson was road by Mayor Stewart. RESOLUTION IN APPRECIATION & REMEMbRNNCE OF "STAULEY Al MUNSON" WHEREAS, the City of Denton has lost one of its most valued :Itizans Mr. Stanley A, Munson; and WHEREAS, Mr. Munson served as a member of the Public Utility Boar. from July, 1967 to July, 1978; Campaign Chairman, Donto: County United Wey, President, Donton Kiwanis Club, Dento District Chairman, Boy Scouts of America; Vice President am board Member, Longhorn Council, Boy Scouts of America; Vtc.. Chairman, Denton Charter Commission in 1958^59; Economi Development Board; Chairman, Transportation Committee o Denton 80's; Elder at St. Andrew's Presbyterian Church is Denton; Chairman of the Session and President of th, Corporation at St. Andrew's Preabyterian Churci,; Member Executive Committee of Denton County Community Council served on various important boards and eommissiotls a chairman or member and was noted for his tireless an dedicated service to his community; and WHEREAS, Mr. Munson was a leading executive of Moore Business Forms n major industry, in Denton until 'ois retireme^: in 197 having held the position of P}ant Manager and liter Genera Production tanager of the firm n Southern Division; and WHEREAS, Hr. Munson served his community above and beyond the mar efficient discharge of his duties in promoting t'^.r wolfar and prosperity of the citizens of Denton, and etirned th full respect and admirntion of his colleagues al, atsociatas; and WHEREAS, he was the kind of individual who gave not only hie tuna an money, but took a sincere interest in the lifu an well-being of all the people with whom he came into contact and dedicated himself to the proposition of 'ruilding better life within tho community; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY :F DENTON TEXAS: that the Sincere and VIU"a appreciation felt by t.-.e Citize,+ and ,ificeLs of the City of Denton for Mr. bluncon shat cause this Resolution to be formally transcribed into th official minutes of ti,c City of Denton, Texas, dedicated t the remembrance of Stanley L. Munson, PASSED AND APPROVED this the 190 day of July, 1983. RIMIARD 0. , Mtkt, , U-. . M1)LXSI'FMT_ bAT7-tFPR= rIAAXKKKR. CffL:4~I"^0~1 tlJ 1L~1~~~ RAY S I EphT NS,COUNCILMAN ~t-- lot V . 1 ~~V~IInV J~- i J 1 U_Fr4.,1 r-.7t 17 Wt l f 1`4 MM- -UAw ATTEST: APPROVED AS TO LEGAL Flin:: CHARLOTTE ALLEN, CITY SECRETARY city ue Denton city council Minutes Fleeting of July 19, 1983 Page Twelve Counoa,l Nember Stephens asked to add to the rosulutiohl that a copy of the resolution would be forwarded to the Munson fotM y. Stephens motion, Riddlesperger soo4nd that the resolution be passed. On roll call vote Barton 'ayo", Hopktrs "up", Stephens passed, Alford "aye", Riddlesperger "ayo", Chew ''u,e, allO Mayor "aye". Notion carried unanimously. 6. There was no official action on Executive Soasiou items: A. Legal Matters B. Real Estate C. Personnel U. Board Appointments 7. The following, items of New business wero suggested by Council Memberst Hay or Stewart asked to receive a report un the traffic signal at Bell and :Withers. Council Membor Stephens asked to receive a report on the Highland Park Road extension. Assistant City Manager Svuhla replied that this item would be discussed in Executive Session. Council 'Humber Chew asked to receive a report on East Prairie Street. The Council reconvened into Executive Session. No official action was taken. v . 1J rt11'P'; T1AYI7F- L'FiA~I:tl'PTE'~:LZE~; -i;T'I'~'SE'CITF'CxRT u946C I CITY OF DENTON MEMORANDUM i DATE OF fEET11%1,;; August 2, 1983 COUNCIL AGENDA ITEM! # Consent *Agenda SUBJECT; [aid I1 9148 Padmount Transformers (Adel on) SUAI~SARY The Council approved this bid on June 7, 1983 for all six items as listed on the tabulation sheet. Due to an increase in demand for item 2 .:nd item 3, we are requesting approval to increase the quantity on these items. ACTION REQUIRED; Approval. by council, SOURCE OF FUNDS, 1982-83 Budget account 610-008-0252-9222-E308, Electric Distribution lino Transformers. HCOMENDAT10No We recommend 15 additional pieces of item ` (75 KVA) at $1,163.00 each be awarded to the lowest evaluated bidder of Graybar Electric. We also recow.motid an additional 8 pieces of item 113 (167 KVA) be awarded to Graybar at $1,910,0J each. The deliver- quoted by Graybar is better than that of the other bidders. Graybar has agreed to hold the same prices tti bid. EYIIIBI'CS ; Tabulation 13heet , SUBMITTED BY. Tom D. Shaw, C.P.M. Assistant ' rehasing Agent s IP V '/I . r: Ill IIAIOmit l..u 11 .111~l..l a 1'.1 I'f.ilfp 'i 1'1!X1 . 10\.IV f+l.• II IC L•. Irrq.l„I III, rr,~l„nl IIIr:,nl~I'II I'I h:.t l•r Ur drm.u 1Y. 111111 if I'111 uuH 4; !!.p 11.8 I.11•U1r,e. o'ln, V.ul[1 10 'ulol ilw hnl AI11p•!I, WH , I,I . ul I15' Y, II11 UI d71tII'-I: 11111 _ 1'Illl11111 VCMI(IH l'I~IIINIIt - 1'I NIN71 Y}lIIN71t " i - Yl,fllIUH 11:11Un11 _ 41 ,HIN- 1_f♦.. YI711NIH. YI,N~U~i N.. _V!'.IILN Ht, _ IIh^Ibrii. _ V1.11_INHt jtq.1'.A I'I 11/11 I,It1.IH I,If1'+,IIII 1,111,00 1,111,1111 1,1148, pr1 W1.11 11 I ,g97,I10 I IImH loci I OH11,1111 ).(Ill i' ,I ON 1 „:Ill. ' n 7,1.15 P!I 1... A4 H/It r. !1!, I ;.'5,1111 1,:61.110 11511 L1111 I,1'I 1, Ilq l,Ib LUp ~ I,:11! _ _III7 1 !67.IAI 1,19'1,11(1 1,6111111 I,. II Ihl 1,'i ill,uq f. 1; II 11X,1 1"1 N/A I,+'111,1111 'I/4.1u1 !,1157.1111 !,111.1111 ,II lll,llu 1171 O,IIll , !I - - - 911'1.011 ll l,I1N'I.IIII ll .III! .011 .1 14 1711 pull '1• I'll , 511511,1111 li/II 5,11!11.1111 H/kI_ 111) W 0 1 . 64 111 1 N41 I I k \ II - - - - 1,'111 5 N/H ,an . • HJI ,110 Nall. I; X1!.011 '11111, (110 IPnI IIII HI S, 011 Ii/1f Nf q III _ IIII 117 I 173 1111 /11'1,00 la ~In 411 IHI 111 151.. \'d rql I, 1',.00 I II L116 1,111,111! 1,11111 ,1111 I, 11M fill oll 14 11 - - 1, 14 fill I,llll.l lrI I,tlll) , llll 1111111,110 I, "Ii II❑ f, ti,'X11I CITY COUNCIL AGENDA. SUMMARY SHEET MEETING DAM August 2, 1983 AGENDA ITEM 01 Consent Agenda SUBJECTi Bid 09156 Uniforms SUMMARY: This bid is for the purchase of uniforms for the Utility Departments. The complete uniform would consist of five shirts, five pants, one jacket and two baseball style caps. The approximate cost per employee of $106.00, This bid was sent to twenty-five or more uniform suppliers and we received eight bids, complete low bids were from National Uniform and Eastern Unifor'.n with Cravens beir:c_ low on item 1 and 2 shirts, Selections will be made on long or short sleeve, regular or western cut shirts and/or pants with light colored shirts and dark colorer pants. The approximate total cost of $12,846.00. We have had inquires from Customer Service and some other departments on uniforms, if these departments receiva budget and departmental approval we may noed to get additional Council approval to purchase more uniforms. ACTION REQUIRM Approval of bid by Council ALTERNATIVES: Not to purchase uniforms for the employees or rebid. SOURCE OV FUNDSI Utility 1119831, Budget RECOMMENDATIONI We recommend this bid be awarded to the lowest and best bid for the complete uniforms as per the selection and needs of each division of the Utility Department as to color, style, etc. The estimate total cost to the Utility Department is $12,846.00. These are some of -lie best bid prices we have ever receive for uniforms. When the selections are made by the Utility divisions the lowest bid for each item will be considered, EXHIBITSr Tabulation sheet SUBMITTED BY: John ~J M s all C~ ~2ur~hzising Agent JJM/sm DID 1 9156 t IIIh - Unl€orms for Cit ~ k: 8oyues for Factory Uickleo Riverside Natlcual Dontvan OnIforma Martin Crnvons ~ Eastern Iurthony OPrN 2 I'M 6-7-83 Oaloa Work Mfy. Co. Uniform Uniform lac, Uniform - Clothes Service Uniform Uniform ACCOUN'T' 1 .~I~fi`T Frfi~'itf'CIUN-"- V@FI6S( fi tidTs VFFiUbIF- VERF-3~R- VEf3T~iA-Fftib1F~ VFNii61i ,A[~()R` PNbbT-t _ IiUR- I~A _ - - - - - - OOR - - FIGti7!_ too/ - - - tII11 _Bhirts long aleo;e 6.20 - 7,33 46,SOr 9,00 8.40 11,00 6.61 - 91, 7.20 -2. J00 Shirts ahcrL sluovo-- - 7,15 6,33'-- 5,75 - 7,85 7,46 y9150 15,46 6,2.0 - - 6.20 0.22 3. 10o/ Shirts long aleovo/doaLenr style 9.50 8.87 0 7.00 10.45 9.55- -13.00 _ 12.99 - 7.05 9.72 4 100/ Shirts abort aloavo/westnnt 0.30 - 7.73 - - _Q9.. 6125 - 9.15 11.00 - - 7.05 8.97 S. too/ 1'aftts/Unlfotm_---- - - - 150 10.97 - 10_0 Ti 0.50 12.00 u 10.06 14.00 10.99 _ 10,30 9,07--- 6. 100/ Pants/jo.vte lot look - - 10,971 -10.67 9,25 i2,00 12,50 11,90 - 9.77 ~O,JO 15.25 - - 50/ Jacks La hood M 75 21,25 20,00 - - 16.00 - 22.30 17.20 31,50 16,80 +14.40 - 25,50 - -0, 250 -Jacketa lined L14 17,85- I4_33-- - -112,~0 19.65 -14.35 _ 31,50 IO,UO 12155 --16.20 - 9. 100/ Caps/adj. bnseball style 3.00 2.95 50 4.29 7..75 ~ low bid CITY COUNCIL AGENDA SUMMARY SHEET MEETING DATEi August 2, 1983 AGENDA ITEM At Consent Agenda SUBJECTi Bid 09169 Furniture for Police Department SUMMARYi This bid is for the purchase of furniture for the new police station. The bids were sent to a group of Denton and Dallas office furniture dealers, wholesalers, etc. Ile received bids from three vendors with two of the vendors bidding both Jofco and Jasper furniture. Dolivnry is from thirty to sixty days, ACTION RE;)UIREDi Approval by Council SECObfI'SENDATION; Ile recommend this bid for office furniture for the new police station be awarded to the low bidders for items or group of items as indicated on the tabulation sheet, This makes the total award to Fridays Office Supply of Denton for $25,429,90 and to Greenfields of Dalla:, for $6,489.64 which equals a total of $31,919.44 for furniture, EXHIBITS. Tabulation sheet SUBMITTED BY; f G_[sG~!•.~ John J, zia` hall, C.P.M. Purchasing Agent JJi-I/s,n !l f f) _ _ X111 t11tCQ_ 't t.inn~n Svc: ,it 1 O1'f.N , idays (1r•eenfi.el v 13aring ACCOUNT ~ (Jasper) Wasper) (Jaspor) _ • y S~'i'Y `I7'C,M )E 9CE2 PION ~ E'ND0I - V1;1~1)OK W VI,N!)OR- VA'.NUO12 ' V NEiOIt ` VENDOR - W lauOR~ - 2`} • I Conference table- - -y 550.00 *460.60 500.00 21 , 6_- Training table *405.00 623.00- ^-r _ - Training tablo *132,00 - 204,00 - 23. 3 Table *405.00 - _ - - 623.00 24. 1-- table *132.00- 204.00 - - 25. 2 _ pod i um *70.00 - 76, 50 - - 26, 5 },otter size file Cab. 2 dr, *11227.00 157,42` 175,50 - - 27. 13 l,eLor size file Cab. 4 dr. ~160,00T 208.67 243.75 - - 2E3, 3 3 dry latteral -file *350.00 376.60- -415.00 _ - - 29. 1 4 di. latteral file *439,00 473,20 520.00 30. 3 Metal typing tabl.e 2.15100 197.63- *150.00 - 31.. 6 Folding chairs *9,©0 _ 10.15 10.00 -------~V- 32. 30 stacking chairs _ -*25.00 32.73 31.00 - - 33. 15 stacking chairs *22.00 ` 29.71 -2.£3.00 - - 34. 54 theater soating 35. 54 - Lheater soating - _ N/B `Y___ Delivery 30/45 day,, 60 days Awarded to Total arnournl of award: _ 2 , 919, 44 i11J)^ Purniturepart.1tions (Soctioit r) 011 N 2 PM 7-21-83 - Priday6 (cr.9onfiol is Ilarincl PrIday's Haring ACCOUNT (Jasper) (Jaspor) (Jaspor) (Jofco) (Jofco) CO 11,rM UE5C[ti1"]'TOPI VENaoJ2 _ -V). tJ1)012- VE'Nf)oR VrNpU12 Vr _ _ _ _ -_y - NbOR V~NaOR- a011 1 3- l;xoctitiyo dock - 1137£3.00 '150.1.0 '165.00 - - 405.0o 499.00 2 , 12 Exountive desk * -350,00 420.70 435,00 334.00 3, 2 S111910 pudoaLal dosk *210,00 252.70 YMl,00 243.00 299.00 4. 2 Clerical dusk 11250,00 297,50-- 308,00`- - 243.00 299.00 5, 2 Sac, ciosk w/roturn 11480,00 571.,90- 592,00- ~ r 5]x,00 634,00 6. 1 Soc`doo-jk w/roturn *400.0o 480,90 498.00 515.00 00 639. , 00 7. 4- --Crodon2a/executive 11345,00 412,30 y 427.00 - _r - 545,00 674,00 (l. 5 Lxoe, Swivel Chair 245,00 11241,62 289.00 9. 1 Exec. Swivel chair - *230,00 318.24 !263,00 - 1.0, 1 Lxec, Swivel c),air *170.00 196, 38 - 189,00 - - - 11. 19- Exoc. Swivel chair *170100 172.98- 1£i9,00 1.J_111-1-- 14 Arm chair 125.00 - 11118.56 - _ - - 159.00 .13. 1.0 - Arm chair *70.00 92.04 93.00 lei. 24 -Arm chair 125.00---*L13, 1.0 .1.59.00 - _ - 15. 2-_ Bookcase - ~ *200.0o 238.00 244.00 - - 202,00 16. 1 Bookcase _ *245.00 29,I , 70 _ 300 , 00 f-- - 330.00 409.00 17, 2 Steno chair -*102,00 136 , 50 152.00 10, 3 - Junior Exec. Steno *155.00 297.50 226.00 - - - 19. 8`- _Exoc-conference chairs yW *175.00 286.30` - 264.00 CITY COUNCIL AGENDA SU MY SHEET DATE OF MEETING: August 5, 1983 COUNCIL AGENDA ITEM # Consent agenda SUBJECT; Hid # 9169 Section II - Portable Partitions SUMMARY: This portion of the bid is for the purchase of portable.partitions for use at the Service Center by the Utility Department, The bid is for the partitions that will accomodate various arrangements, for the open area concept, As more people move into the open area at the Service Center Utility Department the need to divide for more responsible efficient work is necessary, We sent out several bids and only received two responses, ACTION REQUIRED; Approval by council. SOURCE OF FUNDS: Utility budget 1982/83. RECOMMENDATION: We recommend this bid be awarded to the low bidder of Friday's Ofiice Supply for the total esti7ated bid amount of $25,558.00. EXHIBITS; Tabulation heet SUBMITTED BY;t CG L--./cu~c.~'L ,John , \'.,/Mirshall, C.P,PI, .Purchasing Agent Ott) 11._ _._9169 I11U TITLE: portable I'm•Lit4ins (S(actfou ICI) 0!'l;NE;U July 21,-1983_ k'rida~ys e, I ACCOUNT h Utility Ilud9et Of five 0 ' ftosomont SCeelcclse - I_Y I'1'E1 U 'sSCl il'PION _ _ VhNUUIt - MI OX_ ENVOR VENDOR _ _VIiNUOR VIsND. R } VE:NDOIt Sf~,C'l'lON I l 1. 46 Std. 48" x 64" 240.00 264,00 - - - _ 2. 30 Std, 48" x 64" 240.00 264.00 3. T 10 Std. 36" x 64"--`~- - 210.00 - 232.00 4. 3 Std . 36" x 64" 210.00 1232.00 - - - 5. 2 Std. 36" x 80" 270.00 300.00 6. 5 Std. 24" x 64" 170.00 ~ I89.00 V ~ - 7. 9 Std. 2l+" x 614" 170.00 189.00 Item 8, 9, 10, 5 11 _ Misc. Connectors, etc. (est.) 1,908.00 1,90800 - - UoI Ivery -`y- _ 45/60 days 5 wlcy ` _ 'T'otal estimated purchase fi25,558.00 - - CITY OF DENTON MEMORANDUIM DA'Z'E OF ;JEMNG: August 21 1983 COUNCIL AGENDA ITEM 11 Consent Agenda SUBJECT Bid # 9170 Airport Susbstation Building SUMARYi This bid is for the construction of the control building which will have tlae relay and control panels, SCDA Remote Terminals, TMPA metering and the battery supply system for the new Airport Substation, ACTION REQUIRED; Approval by council, SOURCE OF FUNDS: Electric Metering and Substation Bond Fund Account 611-008--02539217•-4,362, work order 5979, RECOMMENDATION: We recommend this bid be awarded to the iowest bidder Gray S Batey Construction Company in the amount of $31,685,00, EXHIBITS: Tatulatior} sheet, SUBMITTED B1'. - --1:-, Tom D. Shaw, C,P.n. Assistant Purchasing Agent HIP #-.-917() OP1;NF,11 ~fu t y 2 f , 198:3` 111 ACCOUNT I! 611.008-(3253-9217••1"362- - t3rttey .I _ rl -_VH'N }old OR - VH:MI)OH V^N3)oi.-,.- _ - -__VENDOR - Slim 43, 150.00 J 3t,685.00 - T Days Completion - 90 days J 120 days - _ _ V CITY OF DENTON IEMORANDU 1 DATE OF MEETINGi August 2, 1983 COUNCIL AGENDA ITEM 1 Consent Agenda SUBJECT; Bid A 9171 Electric Cable S Wire SUMkRY; This bid is for the purchase of 01, Concentri, cable for under ground distribution applications and #2 Triplex wire for overhead distribution servi.es. This material is replacement of Warehouse .tack and is ut!.lize.d by the electric distribution derartment. The quantities are approximately a 4 to b _•:nths supply. ACTION REQUIRED; Approval by council and award of bid, SOURCE OF FUNDS: WorkiAg Capital account number 710-004-059;-%M8, Warehouse Electrical Inventory. RECD,MMENDATION; We recommend this bid be awarded to the lo•,,est bidder of 14ESCO in the amount of $500.00 pr.v thousand feet on item I and Graybar in the amount of 1293.00 per thousand feet on item 2. Total bid price of $23,790.00. EXHIBIT'S: Tabulation sheet. SUBMITTED BY. 1•'~ Tom D. Shaw, C.P.I. Assistant Purchasing Agent BID 9 171 lilt) TITLE C111)10 h WIro OIIF,NI,;I) Ally I h , 19133 Nc I son WHISCO ik all ors I'r l ontov CLI1111111.1)s Po1np' c Grayhar AQCOtIN'1' Electric Sup p.Iy Suppi)' lnc, ~ tl 11 rt , 11 ~UIKSCL r r I)o - - _ .___T_ J--- ._-65N-11 -jj__. -._VtuNUotj_._- VI;~11)o~t- - V1;N1)ox._ -vrNU_0[( _ Y yxNUO_k ;3Ntt -„L" Coiicgntl~I - - 6h8.70/M _ !'i00.0o/M NA - 568.00/M 520.00/M 579.00/M 583,5DM-- 2 130/m, -_371_70/M 314,00/i,j 329.333/~f` 350.00/Pi 302.001M 310.00/N 293.00/M )a Ivory 60-75 clay 2H-42 d,iy 30 days Stock SLOCI( 10 -42 ~1av: 7-9 idles. CITY OF DENTON MEMORANDUM DATE OF MEETING; August 2, 1983 COUNCIL AGENDA ITEM !1 Consent Agenda SUBJECT; Purchase order 58270 to ease Power & Equipment SUMMARY; This purchase order in the amount of $3,232,15 is for tho overhaul of the transmission in unit number 2760, This unit is a 1980 model W-18 Case front-end loader used by the Street Department, This price includes all parts, labor and transportation. AC'T'ION REQUIRED; Approval by Council, SOURCE OF FUND5; Working capital Vehicle Maintenance account number 710-004-0558-8710. RECOMMENDATION; We recommend this purchase order to Case Power and Equipment in the amount of $3,232.15 be approved and the invoices paid, EXHIBITS: Purchase order 58270 and invoice 7840, SUBMITTED BY; Tom D, Shaw, C.P.M. Assistant °urchasing Agent CITY OF NOON, PU~~HASINO DePT P RQ R 216 8, WKInney Denton, Tom 16201 817/6868311 D/FW Metro 207,0042 Will 5-J3-83 110 NO. VINOOR N0. TIRMS W.O. NO, OEUVIRY ACCT. NO. SHIP 710»004-0598-8710 Case Power 9 1~quip. Tot CITY OF DENTON Vehicle Mailtt, SHOW P.O. NO. ON ALL SHIPMENTS, DELIVERY TICKETS, INVOICES ETC„ SEND INVOICES TO ACCOUNTS PAYABLE, THE CITY OP DENTON, TEXAS IS EXEMPT FRONT SALES TAX AS PER HOUSE BILL #20, T}iF. CITY OF DENTON IS PROHIBI'rao PRONi PAYING FOR MERCHANDISE BEFORE IT IS RECEIVED. ALL SHIPMENTS NIUST BE P•O.S., CITY OF DENTON. TEXAS. ITE&I CITY STOCK NUMBER OESCRIPTION OUAN,/UNIT *RICE AMOUNT tdg 82760 pick-up and delivery lot overhaul transmission lbt CC/lai :Yi~1~,.:+~ ~r' 111"~%l.Ii •.r~. L Ii I Direct All Inquil ?s To; CITY OF DENTON, PURCHASING DLr T. John J. Marshall, C.P.M., Purchasing Agent Tom D. Shaw, C,P,Iv1„ Asst. Purchasing Agent Gnno Mower & Equlpmonl _ llkMtr 10; r~~ r»n n.' cr ?.019 W. Alrporl rroowny Cnne rower & 4hulpmonl d I CReo rr" EuloAB, TX 70039 81oro 694 P.O. Box 01620 A Tann*w Oempnny rE"alco, (017) 2.07.3387 (Molro) DVW Alrport, TX 76?01 raiNIED IrE U S A JUN 2 B 19R3 I 5 4, r '.fir, r I w r•~ lIMR! ~t RLMII ?d,. 2o1o W.' Airport Fredway Cana powal' & Rqiiipr111M EuWss, TX 760 g Store 604 P. Q. Eox 0626 J 1 Caw NOW (at r) 247.3507 Imoto) DFW Akrport, TX 7G261 tenl+.eo c ,L.w IVIN111h IN IIf A tl.ti'~ i S'F' t,riQ S t 'ATE 06 J6}-93 FOR St,RV t r:E: t•1li~t! rtw~ t r yr, fri" 17F' t l! 1r kJ,'E.. h f. r1l'. I 1 I !A MV FPI(, 111.. 1 I fJ lr I 1 h' 1 I I F,, 1 1 r"IS J I I 1 I I I ' I I I ' ~ E I I I ~ I I ~ I I I I ' ~ I I ' i I I r i 1 ~ I I I I I I I I 1 I ! i I I ' ' I I I ! too, !t I I I i` ')UN (3198 ! ( i I' ~ I I i 1 I { I ! i 11:11111._ 111a1_L,r't''1.' M 201$ °W, l►lippr! reeway Cese rawerqulWriNt! Mulesss TX 78039 Store 694 P. 0, Oox 01526 A I Coss A Tennete Coowny ~ LJ J f (IM 261-3301 tM•ao) DPW Airport, TX 15241 WIWHUIN IItiA « ~ ~~l{![.{t` 31Ir_~ttt~'$. II{►rt I!1.. lv"'P. to IT 0 06--3 FOk 1'.}'94V0'L IWOVL'r101-410-1 twat:! t4v t?ti tAPI OutWER 3 jir"XFIVIIUN i t tif:ll+ i I Pil E I +h+ t I Rt'7Ul1MED t t I f I ~ I t ' . I, t r I ; i 1 I I I i ~ t. 4 ~ ~ I_ f " ~ ~ • Iii I . . 1 I I I I . I ~ ~ I i I I I , I I ' I 1 I 1 , ' YN f ww; 1 1 f Casa powor & Uqulpi»oni 1 tll:Mli' 'to. 2010 W. Alrporl Roomy Gaso powor & E;(julpmont b Fuloss, TX 76030 ~Iorv 594 P. UI Box 6JR6 I I Cnso F1. (617) 20mma7 polro) DrW Alrpor 1, TX 766261 n lonnoca 1:d„ ,jU,' I IuHl II I}l q ~ I x,•111 ~ i, 1.1 '111 r,~' r1`I 11~111it rr r , • 1 ;l~I r l1l l I ' • II 1 1 r'1 I I'1 I111,Ilil 1 ;I. ' i l i 1 + ! I 1 I I I I I I I I I I I I ! ril_I I I 1 1 , 1 I I I I I ! i I_ 1 _111,1' ! F"I I i i I I ~ I I J 111 I •~'lll'' I~ I fll, j ~ I ! I ! 1' I I i I'! 1111 J I I 11,.. ! ) " I I ! 1 i ! J I ''1~; I I'I illl I I I 1 1 '~~P.1I I r~ ! t I I 1 1 I ~ 1 f 1. I I ' I 1 I I ! ! J I ! 1 J I i • I , I I I;' 11.x., ~ I I r!IJFI I` i I I ' i I I I I I ! I J ~ l i ! I I I r I { I 1 I I " 1 1,I II I I1 I I I ( a ~ i I I I 1 II! I ! I ' I I I na3 ' I ' ! I I I I . I ' I V I I I (!i_ I ll,ii, 1. r li , CITY COUNCIL FLACK-UP SUMMARY SHEET MELTING DATE-. August 2, 1983 SUBJECT: Approval of the final plat of the Bellaire Heights Addition, Phase II, SUMMARY: Phase 11 of the Bellaire Heights Subdivi- sion will be located adjacent and souL•h of the required extension of Paisley Street, west of Mockingbird and north of the terminus of Bellaire Street, Phase II is comprised of. 5.287 acres of single family (SIB-7) property and the intent is to establish twenty (20) lots in accordance with SF-7 standards, Required streettimprovements include dedi- cation of 30 feet of right-of-way and im- provements to one-half (1/2) of Paisley Street for a distance of approximately 937.5 feet; construction of Meng Circle and Pace Drive (both connect with Paisley). An eight (8) inch sewer line and Six (G) inch water line must be extended to serve each lot. Electrical, gas and telephone service is available. Cable service is not avail- able currently, but it will be built in the future according to reports, A 50 foot Arco pipe line easement- runs through this tract; no construction is permitted within an easement. Required setbacks are per zoning ordinance standards for SF-7 land use, Proposed Front yard setbacks are not consistent throughout the development in that some lots with street frontage are showing 2 foot building lines in some instances and 15 foot building lines in others. The zoning ordinance provides that on a corner lot used for single family or two-fam.il,, dwellings, both street exposures shall i:e treated as front yards, except that where one street exposure is designated as a side yard by a building line shown on a plat approved by the Planning and Zoning Cornrais- City Counoll,Baok-up Bellaire Heights Addition, Phase Il Page 2 SUMMARY CONTINUEDt sion containing a side yard no less than ton (10) fecit, A similar pattern was ap- proved on Phase I of the Bellaire Heights Addition and the obvious intent is to maxi- mize the amount of buildable space on lots with double street exposure, The'bevelop- ment Review Committee has no strong objec- tion to the 15 foot building lines beyond the desire for consistency. ACTION REQUIREDt Approve or deny the final plat of Bellairz> Heights Subdivision, Phase IT. RECOMMENDATION: The Planning and Zoning commission recomj,.Ionds approval, ALTERNATIM Approve the final plat, ATTACHMENT: Reduced plat David Ellison ,l4~- Development Review Planner DE: lc R ' NY,Ie ! WWI IM 1,H0 nlr 4UN .:I~ a ' A - d 14 voi I! Ptie f U , } ,w,li. PA rwww't fllf IL e Qr Gj to S iD 1 IN v M~ ~ / j O t ( t+ _ WJ 1 IJ I t R,a~ 1 1 M4''lJ i 1MP u. f 7) \ U 1=1 I w Of 11Al 1,t3il f •/t Si~ ~ Chi G al I O - I wl;srtNA 'ORIVE r HCIONT! r ~ ffnu plel er PH "t TWO rer r I' goo' PHASE TWO Alf 1e1 BELLAIRE HEIGHTS being to IM M, YOACHW St A-1442 t.00ATION MAO City of Oenlon, oenten County, togas eelu • rasa e'NER WE51ON 40)AE3 INC 10 Xm 1411 VWNIC s"Lew),m! ~r,ie., !6101 flEtn" , 1 l August 21 1983 CITY COUNCIL AGENDA ITEM SUBJECT; Consider Final Payment to Cullum Construction Company for Contract Services far Denton Interceptors, Section 2, Contract A, Env ironn3antal Protection Agency {EPA} Grant No. . T74 B 8T~ 8 13 SUMMARY; The Hickory Creek Interceptor Sewer Project is now cGinplet0, A final inspection was made on June 13, 1983, resulting in several punch list items which have subsequently boon completed and certified by Freese & Nichols Engineers and the City Staff. Final payment to Cullum Construction Company fur construction services on this interceptor line is appropriate to be paid, FISCAL SUMMARY Total value of original contract performed 11,860,856.00 E:;~ra work performed by change order 4,151.00 Total value of work to date $1,865,007,00 Less amount retained 0.00 Less amount of previous payments 10846,356.92 Balance due this final payment $ 18,6$10.07 SOURCE OF FUNDS; Bond Funds - 25%; EPA Assistance - 75%. ACTION REQUIRED; City Council approval or disapproval of final payment to Cullum Construction Company for Construction of Hickory Creek Denton Interceptors Section 2, Contract A. 2318U/8 RECOMMENDATION: The Staff recommends that final payment to Cullum Construction Company in the amount of $180660.07 be approved. The Public Utilities Board will r,. view this item at their meeting of July 28, 1983, and their recommendation will be forwarded to the City Council members on July 29, 1983. Respectfully, R. E. Nelson Director of Utilities EXHIBIT I Final Payment Request - Cullum Construction Company II Letter from Freese & Nichols, Inc. 2318U/9 ' 1 I SIMON W. PATI1, P-0. JAMVS R. NIC Ok-0, Pf ROWT I. NIOHOIA FX 499 0. rAU40, P.9. NOORRT 0, QOOOH- 0.6. A JOB PAU4 JON". P4 F R n E p u 8 p D A 1 0 C ROSRRT ATHOMKON III, P.P ~1 v v J06 B. MAP£S. PlH. C O N S V l T I NO E N O I N 8 B A 9 w IERNESv "%M9NT, P.E EI,YJN C. COP"NO, P,E l 1y83 JCHNH.000K,P.r, JuY 8, W NY NORE6YC8 PA Robert E. Nelson, P,E, Director of Utilities City of Denton Municipal Building Denton, Taxes 76201 Re: Denton Interceptors-Section Two Contract "A" EPA Grant No, C-48-1188-13 Final Payment Dear Bob: Please find duplicate copies of the final payment estimate on the referenced project and the required legal releases. All of the work on the project has been completed by Cullum Construction Co,, and we -ecommend that this final estimate in the amount of $18,650,07 be paid. Sincerely, FREESE AND NICHOI.S5 INC. Coy M. Veach, P.E, CMV:bg Enclosure xc: Cullum Construction Co, Jim Fowler, TDWR TELEPHONE 8 1 7 330,7101 011 L A M A R STREET PORT WORTH. TEXA9 1 0102 P9910DICAL ESTIMATE FOR PARTIAL PAYMENT I'ariodki ,al 1:i0mnlo Nu,-..9 & ~m I'erlull___17 A _ - ~ln .+~f~A~ 1 ?X83 Municipal Building NnmeofUivnerl Cit,v Of p.91? .t1 - -rlclclr©ss _~~Ll o~1~It.2S' -as -76 P, 0. Box 8455 0141110 of Contractor;.. Cullum C4 SlruC~iQ2~4,,~rt ~_Arldross;~1~~15_,..L .;7,EN4__ _ Interceptor Sawers - Section Two 80 Type of I'roJeCt. C-118-1 188 - CONTRA -All _latlmntcd C:Ontri A cost, 3-JO.Z2 07. y llnnllt)' Unit Vulue of Unit ("nnlil u Ilnu' DESCRIPTION 011 ITF11 of f~I ginni Cori i 1el,d Price Complewd ~teusury Fat'u,,Clo _ to )MO Work 1.I 2'1" V.C. Pipe, 0'-6' cut L.F. Y 240 280 $14.00 12,320.00 1 ' 21'.V,C. Pipe, 6'-8' cut L,r, 840 1086 44.20 48,001.20 27 1,.C. Pipe, 8,-10 cut I., F. 11020 1355 44.60 60,433.00 ' 27 V.C. Pipe, cut L.F. 3,600 4882 45.20 220,666.40 27" V.C. Pipe, 12'-14' cut ` L.F. 9,190 8916 46.70 416,377.20 6 27" 11, C. Pipe, 14'-16' cut I L.F. 51780 5093 47.50 2x1,917.50 7 . 21° `1.C. Pipe, 161-13' cut L.F. 11720 915 118,50 44,377.50 , Y.C. P i pe, 18'-20' cut L. V. 110 130 49,00 6 370.00 9. 27~)" V.C. Pipe, 20'-~22' cut L.F. 120 62 05,00 3,410.'00 1U.I 27" y. C. Pipe, 221-24' cut L.F. 130 105 61.00 6,405.00 ;1.' 27" V.C. Pipe, 24'-26' cut L.F. 30 95 66.00 61270.00 24" V.C. Pipe, 01-6' cut L.F. 30 36.00 " V.C. Pipe 6'-3' cut L.F. 790 806 36.20 9,177.20 j 2" V.C. Pipe, 81-10' cut L ,F. 270 304 36.60 11,126.40 V " V.C. Pipe, 10'-12'cut L,F. 160 119 33.00 61802.00 t. 24' V .C, Pipe, 12'14' cut I..V. 160 104 40.00 41160.00 7 24" V.C. Pine, 14'-1S' cut i.. F. 30 42.00 3 ogQ'8 8 24 V.C. Pipe, 16'-18' cut L.F. 220 160 44.00 7,3 0. 24 V.C. Pipe, 181-20' cut L.F, 30 46.00 o. 18" V.C. Pipe, 6'-8' cut L.F. 2,10 460 24.00 11,440.00 18" V,C, Pipe, 81-10' cut L.F. 380 111 24.20 2,1386 20 1V.G. Pine, 0'-6' cut L.F. 910 717 16.40 ?1,758.80 ;.j 15" V.C. Pipe 6'-S' cut L.F. 370 346 113.60 5,743.60 15" V.C. pipe, 8'10' cut L,F. 330 318 17.00 51406.00 444 17.60 7,814.40 1'i" V.C. Pipe, 10'-12' cut L.F. 310 15" V.C, Pipe, 12'-14' cut L.F. 65o 690 19,00 13,110.00 193 22.00 4,246.00 15" V. C. Pipe, 14'-16' cut L.F. 70 15" V.C. Pipe, 16'-18' cut L. F. 10 25.00 15" V.C. Pipe, 13'-20' cut L.F. 10 27.00 1. 15" V.C. Pipe, 20'-22' cut I..F, 10 28.00 A .1 15" V.C. Pipe, 22'-24' gut L.F. 90 289 30.00 81670.00 15 V.C. Pipe, 24'-26' cut L.F. 170 32.00 24 Concrete Cylinder Pipe (C-~C302>0?~.b0 lncludin, Special Fittings L,F. !12,27,3 12,1416 33.10 "I" Ductile Iron Pipe far ~ 8)388-00 E:1evated Crossings 151 ~33 36.00 ! SLa ndard 6-Ft. Piers for Elevated Crossings Each j b 9 1100.00 91900.00 f Vet <il Pier Extension for I:Iova Led Crossings L.F, 60 41.5 44.00 1,825,00 7.~ 24" Cast Iron Pipe L. F. 403 "iU 31.00 12,452,00 16" Cast Iron Pipe L.F. 302 318 21.00 6,678,00 L')red X-inq "F" (7/43) L.I'. 110 112 103.00 ?i,096.00 , L.F. 32 32 100 00 31200.00 Lured ;t-ing E E (8) I. 42" Cased X-ing "F" For 24" Concrete Foi,ce Hain (12/13) 1.. F. 110 79 133.00 14,352.00 Unit l u %not 4~uu~tlty >~ticu diu1 of DESCRIPTION OV rTk M pt Or~rllnni Comp alt~S COT P ekd u. DSouaura l.ali, nu le to note ork 12. Y 40" Cased Xing "G11 17/44 82 82 ^194,00 15,908,00 •13. 40" Cased Xing "H" (20/451 L.F, 120 120 192,00 23,040,00 0 1 rt Bored X-inq "P" 31/45) L, F. 150 150 84,00 12,600.00 5. Bored X-ing 1" (31/45) L. F. 152 174 140,00 24,160,00 16 Standard 4' Dia. Manholes to Each 58 GG 850,00 47,600.00 G-Ft. Depth t7 Extra Depth Std. Manhole L.F. 361 396 32,00 32,472.010 ,.3 Off-Line Manhole & Piping at Co-Ed Lift Sta. (Shts. 31/50) Each 1 1 2000.00 2,000.00 19 Flood Area Manhole Rings and Each 12 12 200.00 2,400.00 Covers in Lieu of Standard 4 3000.00 12,000.00 J01 Combination Air & Vacuum Valves Each G l Typo ;1 Concrete Encasement for 21" Pipe L,F. 276 300 27.00 81100.00 2 (ype •#1 Concrete Encasement for 15" Pipe L.F. 365 315 17.00 51355.00 U3 Type x2 Concrete Encasement for 27Plpe L,r. 50 30 110,00 3,300.00 54 Replace Asphalt Paving and S,Y. 25 22 30.00 Base, Complete in Place 660.00 55 Additional Granular Embedment 12r 12 0~ materials Ordered by Engineer C.Y. Additional 1500b Concrete for Cradles when Ordered by Engineer C.1'. 25 70.00 • The undersigned Contractor certifies that all work, including materials and equipment on hand, covered by this Periodical Payment has been completed or delivered in accordance with the Contract Documents, that all amounts have been paid by him, for work, materials, and equipment for which previous Periodical Payments were issued and received from the Owner, and that the current payment shown herein is now due. Date ~6-14-83 CONTRACTOR COI um Construction Co. Inc.3y - 7 _ YJ Subscribed and sworn to before me this 14th daffy of _ June 19. 83 Notary Public; My Connnission expires: _ October 31, 19E34__ _ _ r.uroiuended for Payment by: Total Value of Original Contract Cerfornted 1 >860,85'6. 00 Xxtra Work 1 erforrned shown Above or 4,151.00 r "Attached ,Statement ee/c~ and Nichols Date Shown Above or Materials on Hand-- 0.00 Attached Statement Date Total Value of Nark to bate. . . . . . 1 865104 . 00 Less: Amount Itctained -0- -lyr 0.00 Date . . _ Net Amount Mirn,:d on Contract . . . . . . . . _l_~84Cz.1 _t~9 . Date Less Amount Invoiced May it, 1983. . . . . . . 77,277.6 11,0112d far Payment i;y: Lass: Anxnunt of Previous Payments 1,769,079.26 BAL,AtvCl; DUE THIS 1?s'C1,1iATN 18,650.07 ~4418A00 ' CUI.L.UM CONSTRUCTION COMPANY, INC. MUNICIPAL. CONTRACTORS Posy Or'1'ICC Mox 0408 QALLAq. TCXAS 76200 EXTRA WORK PERFORMED Contract "A" Change Order No. 1 No Charge Change Order No, 2 Decrease 903,00* Change Order No, 3 Increase 4,151,00 Change Order No. 4 Decrease 11048.80* NET DECREASE 7,800•£0 *Changes in contract amount for, Change Orders Nos, 2 and 4 are included in the quantity completed / unit price computations, and thus are not indicated as "extra work performed", CO-74 (ROY* 7.12.74) CERTIFICATION BY CONTRACTOP. OF LABOR STANDARDS COMPLIANCE In accordance with Title 290 Subtitle A, Part 5, Section 5,6(a)(1), each monthly engineering estimate must be accompanied by the following certificate executed by each prime contractor cmploying mechanics and laborers at the site on work in which the federal government is to participate; June 14, 1983 Date 9 & Final Estimate No. nor period May 4, 1983 to June 14, 1983 _City of Denton Interceptor, Sewers - Section Two Denton, Texas Name of Project Location r Contract "A" ,lay 20, 1982 Contract No. Date Contract Awarded , Environmental Protection Agency Project C-49-1188 I hereby certify that all of the contract re uironents as specified under the labor standards have been coinplied with by CULLUM CONSTRUCTION COMPANY, (Name of Contractor) as principal contractor and by each suo- contractor employing mechanics or laborers at the site of the work, or the-e is a substantial dispute with respect to the required provisions. CULLUM CONSTRUCTION COMPANY, 0C, Name of Contractor/Subcontractor Signature and i le Vice res d~:t NOTES; 1. This certification may be placed on the estimate or on a separate sheet attached to the estimate. 2. The Environmental Protection Agency shall, prior to approving a voucher, satisfy itself that copies of these certificates are on file with the owner. SAFGCO WK0 INWItANCE COMPANIES IE4,Lf't10NE 121A1 A9~J x647 $UIIETY UEPARTMENI SOUINWEST HEWN PQ BOX ARD bad RIC iC>+nftpSOk. TX 76080 June 30, 1983 City of Denton, Texas Municipal Building Denton, Texas 76201 Rat Cullum Construction Company, Inc, Bind 194468273 Projecti Interceptor Sewers-Section Two, Project OC-48-1188, Contracts A d C, Sanitary Sewer Lines In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the SAFECO INSURANCE COMPANY OF AMERICA, SAFECO PLAxA, SEATILEO WASHIN; TON 98185 on bond of CULLUM CONSTRUCTION COMPANY, INC1, P,O, BOX 8455, DALLAS, TX 75205, hereby approves of the final payment to the Contractor, and agrees that final payment tb the Contractor shall not relieve the Surety Company of any of its obligations to the CITY OF DENTON, TX, as set forth in the said Surety Company's bond, . IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 30th day of June, 1983, SAFECO INSURANCE COMPANY OF AMERICA 1 ATTEST W1L 11A J, C RON ATTORNEY IN FACT $A I (CO I NSLAANCt COMPANY Of AAI MICA $AI LCO,I II I45UPANCI COMPANY + OSNf11At ~NSUNA14CI COVIAIIY Of AVIAICA I~Aw $IHSI NAI& I IN511N A IICf COMI'A 60 01 AMI AIIA ,AI ICO NA I IONA I INSuHANCI COOP ANY SA If I'MIA I ION AL ulI UrSul1 A NCI CO4YA1I 5AFIC0 1N6VRANG CQMI"ANT Vr AmGM-im 41NIA4 111 U N E COMPANY Off AWAICA HOMO Ortill ¢Ap 40 PWA L0 SEATTLE, WA HINGTON 98186 No, 4917 KNOW ALL By THese PROSENTSt Thai SANOCO Inwtanco Company of America and Gonornl Insuranco Company of Amatlon, each a Washington corporation, does each hereby appoint ..rrrr..rrrrrrrwr,,,rrrrrrrrrrwrrrrrr W11,LIAM J. CARRONo--- ,rrrwr----- Its .rrrr true and lawful eflorney(s)•in•faci, with full authority to execute on its behalf fidelity and surety bonds or underlak ngs and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO Insurance Company of Amerfoo and Gandral Insurance Company of America nave each executed and attested these presents This day of December '19 75 _ CERTIFICATE Extract from Article VI, Section 12, of the By-Laws of SAFECO Insurance Company of America and of General Insurance Company of America; Article V1, Section 12, - FIDELITY AND SURETY BONDS the President, any Vice President, and the Secretary shall each have authority to appoint individuals as auormays. in•fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surely bonds and other documonts of similar character issued by the company in the course of its business On any instrument making or evidencing such oppoinunenl, ilia signatures -noy be affixed by lacsrnule On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be improssod or affixed or in any other Inanner reproduced, provided, however, that the seal sh311 not bu necessary to the validity of any such Instrument or undertaking.- Extract from a Resolution of the Board of Directors of SAFECO Insurance Company of America and of Genetal Insurance Company of America adopted July 28, 1970. "Of, any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article VI, Section 12 of the By-Laws, and fill A copy of the powor•of•altornoy appointment, eXf7Ct71ed pursuant thereto, and (url Certifying that said power-o(-attorney appointment is in full force and effect, the signature of ilia certifying officer may be by lacsimile, and the seal of the Company may be a facsimile thereof " 1. Win Hanrmersla, Vice President and Secretary of SAFECO Insurance Company of America and of General Insurance Company of America, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Duoctors of these corporations, and of a Powar-of-Allorney issued pursuant therolo, are true and correct, and that troth the By-Laws, the Resolution and the Power •of•Attornay are still in full force and affect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation this _3Osh____ day of 19 ~$l 0 5 974 HS A 17 PAINfEe IN U SA AFFIDAVIT AND WAIVER OF LIEN STATE O1~_, T f~XAS COUNTY OF DALLAS Bill F Grifft th of Cullum Construction Com an nc, , being duly sworn, says that lie is tha 1liro President. of Cullum Construction Comaanv, Inc hereinafter referred to as the "Company," and is familiar with the facts herein stated. That said Cornpany performed work and labor and/or furnished material for use, in the construction of certain work known as Denton Interceptor Sewers Section II - Contracts "A" and "C" owned by City of Denton, Texas That said Company has fully paid for all of said work, labor, material, machinery and equipment furnished by it or by its subcontrac - tors or materialmen upon said premises, or furnished therefor, And further, he represents that no other person or party has any right to a lien on account of any work performed or material furnished to said Company, BY Title \ue President Sworn to before me and subscribed in my presence this 270 __day of _ June 19`83 Notary Ptblic, Dallas -County, Texas i August 2, 1983 CITY COUNCIL AGENDA ITEM SUBJECT; Consider Final Payment to Cullum Construction Company for Contract Services for Denton Interceptors Section 21 Contract Co Environmental Protection Agency (EPA) Grant X48`-1188-13. SUMMARY; Hickory Creek, Interceptor Sewer Project is now complete, A final inspection was made on June 13, 1983, resulting in several punch list items which havo subsequently been completed and certified by Freese & Nichols Engineers and the City Staff, Final payment to Cullum Construction Company for construction services on this interceptor line is appropriate to be paid. FISCAL SUMMARY: Total value of origin0 contract performed $2,1449078,90 Extra work performed by change order 7,888.00 Total value of work to date $2,161,966.90 Less amount retained 0.00 Less amount of previous payments $2,1300447.23 Balance due this final payment $ 21,519.67 SOURCE OF FUNDS; Bond Funds - 26`,x; EPA Assistance - 75`h. ACTION REQUIRED: City Council approval or disapproval of final payment to Cullum Construction Company for construction of Hickory Creek Interceptor Line, Section 2, Contract C. RECOMMENDATION; The Staff recommends that final payment to Cullum Construction Company in the amount of $21,619,67 be approved, The Public Utilities Board will review this item at their meeting of July 28, 1983, and their recommendation will be forwarded to the City Council members on July 29, 1983, Qe~pectful1, , R, E, Nel son Director of Utilities EXHIBIT I Final Payment Request - Clullum Construction Company II Letter from Freese & Nichols, Inc, f 2318U/1 I f DO , KRKKiK. P.K. a JAAV InWH w~ , NI0NOL6, P,ti NOIIKftT l NI04O 9' P,K LKK P. R~KKBK P,K. p p l jogFAU4~,gN~Ki}jPKK• r p S S ~1 G I N I N( C~ O L S, AOMKNT A. THOMPSON III, P.R coN su+rirra eholNeeas CJKoA""9NP.L M CANeST CLKMCNT, RE. KLYIN O. COPCLANO. P.& JOHN H, COOK, P.K. July 1983 T. ANTHONY ACID. RK GARY N. HKKYKB. RC, Robert E. Nelson, PEE. Director of Utilitids City of Denton Municipal Building Denton, 'texas 76201 Re; Denton Interceptors-Section Two Contract IICII EPA Grant No. C-48-1188-13 Final Payment Dear Bob; Please find duplicate copies of the final payment estimate on the referenced project and the required legal releases. All of the work on the project has been completed by Cullum Construction Co., and ve recommend that this final estimate in the amount of $21,519.67 be pai•4. Sincerely, FREESE AND NICHOLS, INC. i rr Coy M. Veach, P.E. CMV;bg Enclosure xc; Cullum Construction Co, J17 Fowler, TDWR TELEPHONE 81 " 116.7 181 0 11 LAMAR BTREET rOAT WORTH. TEXAS 76 10: PERIODICAL ESTIMATE FOR PARTIAL PAYMENT V , 1Iay 41 1983 to June 14 L-L983 1'uriud'tcnl 1"stilnttty Nu.,. F~rl_ f erind_. N}~Inieipei 13U1 ldinp Denton,_.1.~xas 7621)1 _ City of Denton -___A(Idr~tis:_ N 0 llox 9455 0 Inc, Dallas, Tomas 75? 05 IV111e UI 1~0~Il1ilC[0rCul ltlm Construction Ca~.______.._.A<I(Ir I 1-t, ~O ~------tor Sewers-Section TYio 144 188. ntercep C.43-11'38 COMTRACT "C" -I.,stlmat(d Cut) tract Cost: '1'yl)e of 111koject:__ Unit ~uurrtily Quantity Unit Value of of tlri~inul Comkk,eteJ Rriee Compleed %YoA t, m DESCRIM ION or vrwm Meugura E1) 1mota to 1)tttn (1 St f tem o' Contract "C")~- - 10 33,00 591 24" V. C. ^ipe, 01-6' cut L. F. L F. 10 33.50 601 ')-1" V.C. Pipe, 6'-J' cut L F. 120 77 34.50 2,656 50 ;}j 211} V. C. Pipe, 3'-10' cut L. F. 6110 716 35.60 25,489,60 6? 21 V, C. ripe, 10'-12' cut L. F. 1,200 1185 30,70 43,11189,50 631 4 V, C. Pipe, 12'-1111' cut L, F. 30 38,50 Col 24 V.C. 0 1pe, 14'-16' cut L. F. 670 823 26.00 21,398.00 65; 21 V,C, Pipe, '-6' cut L. F. 1,800 1878 26,50 49,767,00 b6~ 21 ' V,C. Pipe, 6 6'-8' cut 2 090 3?.13 26.00 86,429,70 21" Pipe, 8'-10' cut L. F. L,F. 3I 33o 330 3485 27,60 961186.00 21 V.C. Pipe, 10'-12' cut 1'. 2,1100 2873 28.60 82,167,80 r,7 21 V.C. Pipe, 121-14' rut L.F. 920 3463 29,60 102,652,80 70 21" C. Pipe, 14 -16 cut 2,2C0 1233 31.10 39,901.30 71 ~ 21" v. C, Pipe, 16'-13' cut L.F, 850 626 35.50 22,223.00 ?i" V.C. P1pe, 13'-20' Cut 73 1:1" V, C. Pine, 20'-22` cut L,F, 30 45 39.3} 11768.50 - L. F. 330 156 21.40 3,338.40 U'6' cut ell V. C. P i pe, 18" V. C. Pipe, 61-31 cut L.1:. 1,420 1022 22,00 22,484.00 23.00 41 , 745 . 00 , 116. 1C' V, C. Pine, 8'-10' cut LL.. F F. 1 3,250 ,920 1839115 9 25.00 97,975.00 77, 18" V. C. Pipe. 10'-l2' cut .,211 26.60 58,812,60 ;3; 18" V. Pipe, 12'-14' cut L. L. F F , F. 2,050 370 X372 29.60 111011.20 79.! 13" V. C. Pipe, 14'-16' Cut L,f-, 47! 492 17,10 8,413.20 8o31 11551 VC Pipe, '-6' cut L. 1'. 1,630 2010 17,50 35,175.00 81 ~ 15" V., C. . Pipe, 6 b'-8' cut L. F. 2,850 3079 13,60 57,269,40 32 15" V.C. Pine, b' -10' cut 4647 14'10 33, 15" V.C. FIr , 10 12 cut L.F, 5,010 88,751,70 3111.1 15" V. C. Pipe, 12'-14' cut L,F. 2,240 1981 19.30 39,223,80 530 .00 35 15" 11. C. Pipe, 14'-16' cut .F. 260 251 222 7 20 5,5 4.°0 0 85,1 15" V,C. Pipe, lb'-18' cut L 260 34 33.2": 806,40 - L. F. 150 87.~ 15" V. C. Pipe, 13' 20' cut L.F. 70 24 42.,25% 8,534.50 38. 15" V.C, .'ipe, 201-22' cut L F 120 209 55,501 499.50 C. Pipe, 221-24' cut L. F. 140 16.401 90.~ 12" V. C. Pipe, 0'-6' Cut L.F, 150 728 16.80 k2,230.40 91,E 12" V. C. Pipe, 6'-3' cut L,F, 1,880 256'7 17.90 45,949,30 92.1 12" V. C. Pipe, 3'-10' cut L. F. 3,430 2660 19,30 51,338,00 g3,~ 12" V. C. Pipe, 10'-12' cut ,F. 2,140 2005 19,60 39,29".CO c,r},~ 12 V. r. Pipe, 12' -14' cut L. 1,}70 1435 20.60 29,84S,OC 95, 12" V.C. P. 14'16' cut L. F. X130 ti 17 29.0'0 14,993. CC 2)44., 40 ' rb.~, 12 V. C. Pipe, lG'-13' cut 2t, Q7,12" V.C. Pipe, 18'-20' cut L. F. 230 8 33.30 38,,9h 14 - 0 4F. 170 217 39.70 yg.j 12" V,C Wipe, 20'-2.2 cut L L ,.F, 300 182 50.20 9,136.40 99. 1'l" 1/. C. Pipe, 2"-24' cti t I.. F. 210 209 56. C0 ~1;10.j 12" '1.C. Pipe, 214'-'26' cut .F, ?_70 281 11.50 3,2_'1.501 101 .k 10" V. r. Pipe, 0'-~6' l_ 1281 12.25 32,0 i,~0 !10" V,C, Pipe, cut. L,f'. 21190 L. F. 15,370 59511} 13,20 7,%,592.80 flr}; ~ }n" V. C. Pirt?, 8'-10' cut upnRltY Mt)nlt ,falut of Unit Price ~OMDi1LId Qrisi{Rn41 Coml,let~l k i„ ;)ESCitlf''IoN OF' IV, Measure Farim~ln _tv sign" _ -^W--er-`" X1,640 3755 14,10 52,945.50 - y L.F, }5,00 13,455.00 1 - IO" V,C. Pipe, 10'-12' cut L,F, },070 897 16.40 3,542.40 l0" V.C, Pipe, 12'»14' cut L.F. 200 216 21.00 10" V.C. Pipe , 14'-1G cu L,F, 80 10" V,C. Pipe, 16'-18' cut 36,00 2,808,00 24" Ductile Iron pipe for L.F 36 78 Elevated Crossings 90 30.00 2,700.00 {a 20" Ductile Iron Pipe for L. F. 90 Elevated Crossings S 1100,00 8,900.00 Each 1 Standard 6-rt. Piers for 7 Elevated Crossings 34 g 44,00 11535.60 1 Vertical Pier Extension for 30 L F 81.00 61913.00 Elevated Crossings L.F. 223 233 26,00 171316.00 24" Cast Iron Pipe L.F. 652 666 24.00 31552.00 2p" Cast Iron pipe L I: 255 148 22..00 21,648.00 ` }Cast Iron Pipe L.F. 866 984 5,632.00 352 16.00 16" Cast Iron pipe L.F. 156 153 14.00 2,142.00 a 12" Cast Iron Pipe L.F. 60 60 84.00 51040.00 lU" Cast Iron Pipe L.F. ,146,00 13,104.00 Bored X-ing "All ~5/24~ 5/ 2`' L F . } } } 124 320.00 fiored X-ing 8" L.F. 210 210 192.00 40, L.F. 95 97 1 57.00 15,229.00 0 36" Cased X-ing "C"" (5/42,43) 80 80 192.00 15,360.00 1 36" Cased ring ',0 (6/'13) L,f. 5,1 170.00 91180.00 Bored X-in g It (20/4S) L,F, 54 , 14b.00 71884.00 36 Cased x-ing „j" {22/14} L.F. 54 54 67 G (23/4'1) 108.00 7,236.00 00 34 Cased n9 24/44) L.F. r 832.00 - 2b" Cased X - ing L ( LJ. 54 511 102,00 ,5r,,pp8. p L6" Cased-iny It 11., (25/30) 51 Sit L.F. 108100 10,~84.SQ o:, C,+sed ng „till (28/30) L,F. 93 1140.36.00 11,288.00 24" Cased X-iny "O" (30/30) 75 30 00 18,200.00 30" Cased X - iny "R'~ (33147) Ll,.,FF. . 1 130 90 114.00 10,260.00 J Bored X-ing "5' (T;1 /x' 1"F' 90 470 250.00 117,500.00 3U" Cased X - ing (34/46) L,F, 472 6,960.00 30 Cased ;C -ing "U".(34,35/46) 60 60 116.00 L.F. $8 108.00 91504.00 26" Cased X-ing (35/46) L F 90 86 103.00 91288.00 •1 30 Cased ;C-iny {35/47) L.F, 3 86 180.00 15,480,00 5 26" Cased ;E~ing "X" (37) L.F. 86 14,700.00 L.F. 105 105 140.00 6 34" Cased X-ing "Y" (39) 30" Cased X-ing "Z'l (40) 1141750.00 Standard 4' Dia. Manholes to Each 135 13r ~ 850.00 66,01 .00 6-Ft. Depth 716 805 82.00 Extra Depth Std. Manhole 1 13600.0 13,600.00 l Rectangular Manhole at Each 1 Wastewater Treatment Plant off-tine :.lanhole & Piping at 1 4000.0 41000.00 Sta. 59+45 on N.T.S.U. Line Each 1 (Shts. 33/50) on 1 900,0 900,00 .2 Interconnection at PtIshtX13 Each hickory Cr. 0utfill 3) 13 Interconnection at hill. b`23 100010 1,000.00 Ilickory Creek Outfal} Each 1 1 (Skits, 5/42) Tyl,e 'l Concrete Cncaserrent for L.F. 196~ 2:6 23.00 4,968-CO 0 21" Pipe 21.00 483.00 Typo ?1 Concrete Encasement for l..i 20 23 l Pipe - flail. Q inulil>' Qunnllly Uni4 Value of Ilnut I)F;SCrrll'1'IUN Ub' li'I ~I n( lrriginal CotnI+letod },ri~u ,ompleWd ~fnusure L;~tinulte - to-l)nle lforlc 1116 Type 91 Concrete Encasement for 15" Pipe L. F. 102 365 17,00 6,205,00 ~7 Type 01 Concrete Encasement for 12" Pipe 1„1', 30 125 15.00 11875,00 148 Type 01 Concrete Encasement for L F 54 14 00 10" Pipe 17r ~ 2,450,00 ,.1') Type :~2 Concrete Encasement for 24" pipe L. r, l 30 ;0 55,00 15650.00 5O Type N2 Concrete Encasement for 12" Pipe L F 54 54 47,00 21538.00 'S1 12" Cast Iron Pipe il. Lieu of 12 " Vitri fied Clay L .F 139 83 10.00 I 830-00 Replace Asphalt Paving and Base Complete in }lace S.Y. 11080 861 30.00 25,830.00 !'~ddi tional Granular Embedment 12 00 Materials 0,•dered by Engineer C Y. 125 511 Additional 1500+,' Concrete for Cradles when Orderer) by Engineer C.Y. 25 2 70.00 140.00 • The undersigned Contractor certifies that all work, including materials and equipment on hand, covered by this Periodical Payment has been completed or delivered in accordance with the Contract Documents, that all amounts have been paid by him for work, materials, and equipment for which previous Periodical Payments were issued and received from the Owner, and that the current payment shown herein is now due, CONTRACTOR Cullum Construction Co.inc,By Date 6-14.63 Subscribed and sworn to before we this 14th day of June , 19 83 Notary Public.: MY Commission expires' October 31, ,19811 :oc,r!enc;ed for Payment by: Total Value of Original Contract Performed 2,144,018_90 , Shawn Ihove or 7,888.00 ?.R.F lixtra Work 1'erfurmed -Attach;.d ;Stnlement r;c and Nichols Date Shown Aboveol. 0.00 Materials on ]land Attached Statement Oate 'rotal Value of Work to Date, •2 - 1--51 , 9q6 40_. 0.00 Less: Amount Retained _ Net Amount Earned on Contract , . , , , . , . 13~,44 7.23_ - - - -Date Less Amount Invoiced May 4, 1983 , . , , . . , 93,672.28 2,036,q 4.95 roved for Payment 8y: Less: Amount of Previous Payments . . . . . . 21,519.67 BALANU DUM THIS l;srltirArr; _ ~iosso,a CU,.L.UM CONSTRUCTION COMPANY, INC. !.1 V N I C 111 AL COIt Tn ACTOnS PO$r CUFMICI. EJOX 84159 DAL4AG, TFXAE. 70205 EXTRA WORK I'ERFORMLD Contract "C1 Change Order Plo, 1 ho Charge Changa Order Plo, 2 Increase 71838,00 Change Order `lo, 3 Decrease 103.10* IIF.T INCREASE --------------------------_--_._-_71734,90 r 'Changes in contract amount for Change Order, Plo, 3 are included in the quantity completed / unit price computations, and thus are not . indicated as "extra work performed", i II i CG- 74 (Rev# 7-12,74) • CERTIFICATION BY CONTRACTOR OF LABOR STANDARDS COMPLIANCE In accordance with Title 29$ ubtitle A, Part 5, Section 5.6(a)(1), each monthly engineering estimate must be accompanied by the following certificate executed by each prime contractor employing mechanics and laborers at the situ on work in which the federal government is to participate; June 14, 198.3 Date 12 & Final Estimate No. for period May 4, 1983 to June 14, 1983 City of Denton Interceptor Sewers - Section Two Denton, Texas Name of Project Location Contract May 20, 1982 Contract No. Date Contract Awarded Environmental Protection Agency Project No. C-49-1188 • I hereby certify that all of the contract requirements as specified under the labor standards have been complied with by 011-0 CONSTRUCTION COMPANY, INC. (Name of Contractor) contractor employing mechanics or laborerscatatheositecofrthedwork, or there is a substantial dispute with respect to the required provisions. CULLUM CONSTRUCTION COMPANY, INC. Name of Contractor/Subcontractor _77 ZI Signature and Titl Vice President NOTES: 1. This certification may be placed on the estimate or on a separate sheet attached to the estimate, 2. The Environmental Protection Agency shall, prior to approving a voucher, satisfy itself that copies of these certificates are on file with the owner. $AFECO INSUIIANCE COMPANIES 1EI.CPHONE Q1111 6991481 7 tVRETY 0EPARTMI°NI SOUTHWEST REGION P.O. DOX 688 RICHAROSON. TX 76080 e June 30, 1983 City of Denton, Texas Municipal Building Denton, Texas 76201 Re; Cullum Construction Company, Inc. Bond 04468273 Project: Interceptor Sewers-Section Two, Project OCw48-1188, Contracts A b C, Sanitary Sewer Lines In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the SAFECO INSURANCE COMPANY OF AMERICA, SAFECO PLAZA, SEATTLE, WASHINGTON 98185 on bond of CULLUM CONSTRUCTION COMPANY, INC,, P.O. BOX 84550 DALLAS, TX 752050 hereby approves of the final payment to the Contractor, and agrnes that final payment tb the Contractor shall not relieve the surety Company of any of its obligations to the CITY OF DENTON, TX, as set forth in the said Surety Company's bond. It? WITNESS WHEREOF, the Surety Company has hereunto set its hand this 30th day of June, 1983. SAFECO INSURANCE CCk1PANY OF AMERICA 1 ATTEST WIL IA J. C R0 N ATTORNEY IN FACT a . I A I I CO NI IVA A NCF COMPANY CI AMt PICA dAPtCU SItI INSUNANCI COWANY ® OCN/PIAI. INSUMANCC COMPANY OI AIAIhICA I NISI NAIION AS ANSI IMA NC( COMPANY CI AIII MICA SAPCCO N At I UN At I NSUN A NCF COMPANY SAP I CONA I IONAI l1Pt INSUPANC( COMPANI HOMO 0"100: SAF40 PUkZA No. 4917 KNOW ALL BY THESE PRBSENTSI That SAFECO Insuranue Company of America and General Insurance Company of Amerloo, each a Washington corporation , does each hereby appoint -WILLIAM J, CARRON--M-N_--......... M. M~Y...___. . its true and lawful attorney(s)Jn•fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO Insurance Company of America and General Insurance Company of America have each axecuted and attested these presents this 5thday of December, 19 _2 _5 CERTIFICATE Extract from Article VI, Section 12, of the By-Lows of SAFECO Insurance Company of America and of General Insurance Company of America: ''Article VI, Section 12, - FIDELITY AMD SURETY BONDS the President, any Vice Pfosident, and the Secretary shall each have authority to appoint individuals as altornOys.in•facl Or under other appropriate lines with authority to execute on bahnlf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a far.simila thereof, may be impressed or affixed or in any other manna: reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO Insurance Company of America and of General Insurance Company of America adopted July 28, 1976; "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, {r) The provisions of Article VI, Section 12 of the By-Laws, arid (it) A copy of the power•of•atiorney appointment, executed pursuant thereto, and f7u1 Certifying that said power •a(.attorney appointment is in full force and effect, Ilse signature of the certifying officer may be by facsimile, and the seal of the Company may be a locsimile thereof." 1, Wm. Hammersla, Vice President and Secretary of SAFECO Insurance Company of America and of General Insurance Con,pony of America, do hereby certify that the forogoing extracts of the by-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power•of -Attorney issued pursuant thereto, are True and correct, and that both the By-Laws, the Resolution and the Power •of-Allot ney are still in full force and efface. IN WITNESS WHEREOF, I have hereu-to set my hand and affixed the facsimile seal of each corporation this Xth___._._ day of ,LUne 19 S 574 NS A r7 7RINirO IN U S I, ArrrDAVIT AND WAIVER OT LIEN STATE OF TEXAS COUNTY OF D^ -LAS Dill F. Griffith of Cullum Construction Conan.y, inc. being duly sworn, says that he is , the (ice President of Cullum Construction Company, Inc, hereinafter roferred to as the "Company," and is familiar with the facts herein stated. That said Company performed work and labor and/or furnished material for use, in the construction of certain work known as Denton Interceptor Sewers Section II - Contracts "A" and "C" owned by • City of Denton, Texas That said Company has fully paid for all of said work, labor, material, machinery and equipmont furnished by it or by its subcontr ac - tors or materialmen upon said premises, or furnished therefor. And further, he represents that no other person or party has any right to a lien on account of any work performed or material furnished to said Company, By Title- Vice -president Sworn to before me and subscribed in my presence this 27th day of June 19 83 . L Notary,•. uhlic, alias County, Texas August 2, 1983 CITY COUNCIL AGENDA ITEM SUBJECT; Consider final payment of construction for the Pecan Creek Oam to Jay-Mar Construction Corporation - Bid #9109 - Purchase Order #58243, SUMMARY; The Pecan Creek Dam is now complete, This new Dam has been constructed adjacent to the Wastewater Treatment Plant and the Felix Callahan property on Pecan Creek, This dam was constructed in order to finalize obligations between the City of Denton and Mr, Felix Callahan with regard to the purchase of property adjacent to the wastewater Treatment Plant, A final inspection was made July 5, 1983 and all work was considered satisfactory and complete by the City Staff. Attached is a letter of approval of project by Felix Callahan. Final payment has hereby been requested by Jay-Mar Construction Corporation and is considered by the Staff to be appropriate to be paid. FISCAL SUMMAR',; Final contract amount $53,425,63 Previous payments to date 0.00 Final amount due Jay-Mar Construction Company $53,425.63 Source of Funds; Water Bond Funds. ACTION REQUIRED; City Council approval or disapproval of final payment to Jay-Mar Construction Corporation for construction of Pecan Creek Dam, RECOM14ENDATION: The Staff recommends that final payment to Jay-Mar Construction Corporation in the amount of $53,425.63 be approved, 2318U/12 The Public Utilities Board will review this item at their meeting of July 28, 1983, and their recommendation will be forwarded to the City Council members on July 29, 1983, Respectful, R. E. Nelson Director of Utilities EXHIBIT I Letter of approval by F. Callahan II Periodical estimate for payment f 2318U/1 3 I PIRIOOICAL ESTIMATE FOR PARTIAL PAYMENT Poriodivni 1lslinulta No). i fFina1 Poriod 7unp 1983 Onto of Owfiur: City of Dent =o Taxag rlrlrll'r'ti~: 215 F.. u6 1nneyi nentarto Ty- 76201 Hume of Cwanwtort Jay-Mar Corporation, inc. Ailth-vs, 1,2 .2 .Q--Gua{~e~. 60,91 Type of Project:_ Erman (,rA nem {',nna+,ritntjnn 1?s1 1111111trl 1'41111i'llcl ('rrsl: Bid 109. P40, 5820 [Ail l+u wly IjulwUly Iht Vulut of No. DESCFtiI' ON OF I'MM n( Ih•igin dal' !'om~rlitrd I,r iill Cumpleted 11r;rsurr I'slnu.rtr• t.. Iulr Wurk 10 Item 100 Prepare Site LS 1 1 21100,00 2, Items 1101 1)20 100 Excavation CY 75 75 26,00 2,100.00 30 Items la20p 421 Concrete Cy 200 136 175,00 23,800,00 4# Items 404, 407 Sheet Piling 1211 wide Itlockgrip edge" 1/2" thick LF 48 752.55 26,60 20,017.83 5, Item 132 Rip Rap Cy 10 38,1 75.00 2057,80 Item 440 Reinforcing Steel wire mesh Q,/FT, 2,500 20250 1400 2,250.00 i T TAL VAL E OF WOR ~ 53 !1'2 .6 r 1~t5f. MYof DQNrON,TtXAS MUNICIPAL BWLOING / D6NTON, TEXAS 76201 / TELEPHONE (V 7) $668200 July 19, 1983 Pecan Creek. Dam Felix Callahan 1117 Ector Street Denton, Texas 76201 Dear Mr. Callahan: On or about July 5, 1983, Jay-Mar Construction Corporation completed a reinforced concrete and sheet piling dam on Pecan Creek adjacent to the City of Denton wastewater Treatment Plant and the property of Felix Callahan. . This dam was constructed in order to fulfill an obligation the City of Denton has with Mr. Felix Callahan in return for the completion of property settlements of the Wastewater Treatment Plant. This dam was constructed upon the request of Mr. Felix Callahan and approved by the Denton City Council. The plans and specifications were approved by Mr. Felix Callahan and the City of Denton's Utility and Engineering Departments. It is therefore requested, dir. Callahan, that you sign this letter below as indication that the construction of the Pecan Creek Dam is satisfactory to you in all respects, and that this dam fulfills the City of Denton's obligations to you with regard to the settlement of the Wastewater Treatment Plant property. Sincerely, /0 It ; C. David H Asst. Dir. of Utilities Water/Wastewater Divisions Felix Callahan 7-1 5 gnature Date 00548 I CITY OF DENTON MEMORANDUM TOt Mayor and Members of the City Council FROM; Bill Angelo, Senior Administrative Assistant DATE; July 27, 1983 SUBJECT: Change Order H2 to the Contract with Henningson, Durham & Richardson (HDR) for Landfill Permit Application (P.O. 453957) As indicated in our Memorandum to the City Council on March 9, 1983 it will be necessary to revise the Purchase order to t'IDR relative to the contract for preparation of the landfill per:nit application, The original contract price of $28,000 was incre;jsed by Council Action on March 9, 1983 to $30,471,44 due to additional permit work required by the Texas Department of Health. The Department of Health has raised several questions regarding the landfill design which has required addit i -anal. work from :Il?R. We have recently received an invoice from HDR which reflects the cost of this additional work. In addition, we have antici- pated the cost of having HDR attend the necessary public hearings on the Permit application, Thercfor.c, we are recommending that the purchase order be revised to reflect. the total, projected cost of permit application process which is estimated at $35,)00. Should you have any commenLs or guest.ions on this item, please let me know. Respectfully submitted, Bill Angelo BA/bp PLANNING AND ZONING COMMISSION RECOMMENDATION TO THE CITY COUNCIL Io; City Council Case No, 'L-1591 tMeeting Date; August 2, 1983 GENERAL INFORMATION Applicant; City of Denton Roquested Action; Change in zoning from a ricultural (A) to planned development PD) classifi- cation Purpose; To allow placement of three (3) score- boards with limited advertising Location; Evers Park BACKGROUND Mr, Willie Hudspeth, Commissioner of the Denton Boy's Tackle Football Association, approached the Parks & Recreation Depart- ment with a proposal to erect three (3) scoreboards at Evers Park, No scoreboards exist at the park and Mr. Hudspeth devoted considerable effort to finding sponsors and financial support for the project, Some sponsors have agreed to offer support in exchange for advertising privileges, The desire for name expo- sure on the part of the involved businesses is understandable and reasonable, While exploring proper procedures for city approval, Mr. Hudspeth discovered that the zoning ordinance prohibits advertising in certain zoning districts in the city, Evers Park is located in an agricultural (A) zoning district, Advertising is not permitted in agricultural. (A) zoning dis- tricts, After conferring with the Parks and Recreation Board, City Council, Planning and Zoning Commission and city staff, Mr, Hudspeth was advised that his efforts were commendable and the proper resolution of the zoning problem is to allow the scoreboards and advertising with planned development (PD) zoning and its accompanying controls, The City Council and Planning and Coning Commission both endorsed the idea of plan- ned development (PD) zoning at their meetings of June 21 and June 22, respectively, The City Council directed staff to waive the change in zoning filing fee, -1591 Page 2 R1.COMMtaNDATION The Planning and Goning Commission recommends approval of Z-1591, by a vote of 7-0, with the following conditions; 1) The planned development (YU) is specifically designed to permit three (3) scoreboards with accompanying advertising only; all other uses are governed by agricultural (A) zoning district standards, 2) The Denton Parks and Recreation Board shall make determina- tions on appropriateness of advertisers or make recommenda- tions to the Planning, and Zoning Commission and City Council, 3) Advertising shall be permitted for a period of three (3) years, ALTLRNATI VES 1. Approve petition with conditions. 2. Approve petition without conditions. 3. Approve petition with additional conditions. 4, ueny petition. ATTACRML,NTs 1. Aerial 2, Reply forms total 3. Property owner list 4. Planning and Zoning Commission minutes of meeting of July 130 1983 I I t s .r ; ° a. { • 1Y ..-..lit M~ _ a . r' J7 110 -imp ♦ ~ ~1 J 4 Aik lot - a ~ S ) ~ _ tai i~ t 't ~ r v4~' r f ..I ~ rJ •t n r4» . * M • 1 x y%'q •1 , PI' ~f • two ~ ,I f Am h 10 • r r '1 ° q i...dw ••w• M.~.,~1 ~TW - ~ -..rte , • + e • I or AL .ry~ l . Y :~1.~,1 v-.... _ .I..r..-~,,. .+«.-n .www M.wr1w..r~+~r..M. ` i~ • r } 60 Rad Falww~at , ~ .1'~ r. - _ .1. ~,~s.-,r~7,♦r« . V.(` ?~w* .IeVC ,y f , .1, tip"!''!-a.n i'1~Zi r.'y'+'5.~"+ '1•r 14 ` v~.,.f. t a~• .i pk:..t '71~E~ ,1R f~ 't .e••yr~ 1'~Y'"' , TO 'l~,i « a i1.1 [[S S TIT It A'v 1 ' ~~..'4',yy M• A 1 v . 406 1; ! ~,17r( .N t, '}W~! . f t•'1 , 1 ~•~•\~1'It~` S tt", `r' , }nly~+ V i ti : 2.►„3 `''1 •'L J ♦ ~µ\1~1~~,41. ` 77 • ~,.{i'• '~3'y ~ 'r t..l. y~:~, na •i`r, i 1; -~=f`1 r., .T.. ~,r~ 11 \ 1 ♦igVW~ ' ')~}*1-\1 ~p .1•, .1 KYa~•Z'1~) ft a'...1 'M7' i ' v. 4 1". J . K~'•'L I ` tl 1 M 1 ! ! 11 1. 11, ! ~ If '1 , 1 ~ 1. q~• I' 4 lM^. v ti 1' a r t • ~ ,r• 2 f ,1T rf ♦lf J^:h tZl Y t~t~ ~.p2..yw ~u -t i_ "~r.,J1 .t` N y.r' .,t•1~-N' V 4 /h 11?iwr ar V.11.• 1 v J" • r 1 . , wSh i ♦ /AFB t.ft / w r t'[*~~'J . ' t 1'A? 1 "s;, ki JrlJ ~11(.+\•If/F,-1 l f... .r•.'\~! I r'~rt ~j ft'=!1. ..t • ' \ 1 i lJ ~ ~ ~_1tr~\~! * ~ n sl~ky~. ll'!! J p•95~.... .mil i ° IPw~ , ••J ♦u. V~~~ 1' X' .,.~~~~b`~i~~., °~Z''^.tv1i~~L 'h~'~ 1 ih `...i~4., ll! 1 ,.h lty' J"I al , 5. 1 r.i'v' T•:!\'..\' V'I YiY~' _~w.vhw•Mr~..,,L.. • ~H art ,"1 \s}~'~' K , e ' 4 . r i 11 I '3:':+14 ',0~. a't.,•1~, }s1;j._.. t 4 1 .l 1F~ f~♦+l~'I 1. ~ v~♦-.. 1 e` 11 ,~i~t~ ~ ~ TJ3 ~ef~,' i.., r~ ; k.^. ' 'if ,l.~S i.v J , ~ r 1,^ a .S'i w L ,+I+ rr -'r + , h n j k f I"~/) Ir j~ +Y, Xyk L ~i y. .'.ty fir.. +I •r.. Zr y I i •,.u} s ~''3 ''Z 1T '}h•f+---Z~M',O f..S YQ iiL t ~.~.r. ~7.Pb>1 i.ilo.Pi~RKI t' , ,l T a 1 iii , p• u ~jl: 1 ~i ~r v. F` ~r. '~•r L' f_'~ ' jj) ~ .a ,T>HIT>.!•114 't ~ r ~ ` / r, ' • ~~.Y J J; 'fJ.j .w ^i-_: N t ~~bllflr Y y + 'a+" •b,'t*i~'.. .1 i~, 1 1 Sy k f .1 ,~i a1•!• 1! ' ' .l L J"'y.'.lI. ~r n . , '1 21. wlaY.~♦ .r, S ~}.1. ~ ! S w: 1 11 r rdr:.. ~•t,'~ 111 }I T t i . , •~t'•1Wr a r.Ay ~1 Y t V 'P Ii.4 ^4 til ~ r ~I ~l l~ TrN4~~~. ' , ' Iry 1 y,.. 411 1 1 ! 1,; ~r'kt n ~1~-rh tkJ l fi Ir I ~ 1 u., yl! . ~i. y r ~If rt i ti. n2:S+..iY . i.. S ~I ~rr3 ' I,~r 'i~!r l/ `,>f 2 an',r •„l f w4 1 t,.' ~St. a"'11=r~ r , ; t { ~ry~y.~ ~!,f4 'i'aY1+ A !1~ , ! "a M'1.• { 1.1I .7v. r!n I ,tj ♦ ~ *~,ri ~~'1'I,t' t S•" a'"` V ~1{{+e~r{!•1,}~,` ~,'t 1~`"', +rr /,•.i wy ♦ ♦ ; IJ nI!'•.. `'~li ~'l •.M~:r ` ~!l.\"; Pli"~ !\,.r/r~v ' , .••ry. !v-' L is ~ ~ r , r 4 .1yr JI ti y. +I 6.~v. 1.;:t y~~ + . yft y,„ f f.'I3* •.r 4 y, 4.. r d\ ' ~r 1 YN l 'I ~J J1~t t l:' J 1 \ t~,11'{yy ~4 .i'./r K.~L1.r.,1 '.!y4.. •~Y`r~ 1. .x r,r_ I ~ r'W, `f X~I..Y. .1~~,~'1 .1+~•~1~ l.d f'.1+~~c1',~'F~.' llf f r''~'{•: ! 1 ! S („,yµ~ a ♦••N., n' ,'lay + 'Y'y~'', ~~•Aa- ' '1•.. 1 X1,1' ~.l 1 .1 « ~ C .~~hfi~Y`1` ti"r ^ ~~r~ " y''1,~~J•~ "l'.w ✓ !M ~j~~~'~.y~ Fy-~jRV( ..t N• , 11. Y` "t`1SV- r~rg •i ';..•i is fj l~. ti.~•~''.v"'t_r.• S 1 •rrY!h ,~T;rf. .11, :.`\~it I ~~.•,"\41;;~..Tn ` / .4r1~1' f~ { , " i1,.Ni,•IR if~YQV.w • / ;Tl ~'tilr+ r'y 4`~r -j ~'i'T ti i~'/-• ' •y` t_ I,r21 ti:'«:{ i 1/ y. 1 r tl} 1y t' 7 Q g r1 r / ( J ; - +ta►1 . « t• f.+',' ' - ..~1 YM 2~~ /^1f~ ,IY t' v ~r r Ir 1 .A v,+.`.•y""jir r~} ~~Y'i /'tf'~. ac.t t +'S, 1'i:`•Jl~++~''* ~ k'~; ~ ~ ,~z~-. ' ~ ; > '~,t' ' 4° ~ d~ F', 4 ~~j f7' t :+r r , ~t.' t..ttaY , AL. T7r<w'!.+ ~f{+~ ,`•"'~,1• 1,.''r.3•'~ ~ •'~l', I ~r ~~'~'y. a}'{.y~I 11 a.1 a+ ",J .!5*~~Z1►' !y{~J Tjh ~P^ ,i ~ +rl ~}~`y'~~~'s.,~ a ),~~y*-ik'M,i• 1~~[' 4'f~~ ~ ru 1 's r Y~`!, 'l f~`' 1~w ~}yjl''~rI ~i~ ~1 '~,p i'1_~1''T: it w..< +i; ~y 1: fiylyr ♦ - ,,~y F ~r 1~ttt(,r rfl' .L,4 :41,i+ .unJ A., j• 'I ~fSN^3 "+y 1~•,1: '~+r' i l~'.' 1..'` V~.~ ! a j +'~!1'}' ' ~ ~}~3`~t ~ , n x ~ ~'~.~1 +~I * ~ ~ ~i,~1 ~ . J~ riS1 ~"`~>r'r ' 'ti~, ",1!'►,~fh r~ -1 N. 46 '~',=\lt i ~ 9'. 1' .C gar R.. ~ ..~I;'1~ •.r,y, `S. ~'~i ;.T, 14, t~. PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1.591 IN FAVOR IN OPPOSITION UNDECIDED None Received None Received y / + ~l P & Minutes July 13, 1983 Page G (Unapproved) C. Z-1591. This is the petition of the City of Denton requesting a change in zoningg from agricultural (A) to the planned development (PD) classification at Evers Park. If approved, the lanned development (PD) would permit the erection of t ree (3) scoreboards with advertising capabilities. Mr. Ellison explained request stating that three notices were mailed to property owners; or3 reply form was re- ceived in favor conditionally, no reply forms were re- ceived in opposition. He stated that Willie Hudspeth, Commissioner of the Denton Boy's Tackle Football Asso- ciation, has been working with the Parks and Recreation Department and ;everal business persons to try to get three scoreboards erected at three football/baseball fields in Evers Park. Mr. Hudspeth w83 advised that since advertising is not a permitted use in an agricul- tural district, a revision of the zoning ordinance would be necessary or he could request a zoning change. A PD was suggested so that conditions could be attached. He went to City Council and to Planning and Zoning Commis- sion and both favored the idea. He is now making a formal request. Mr. Hudspeth said that he first petitioned the city for money for the scorebaords and found that no money was available; he then went to business community and se- cured donations for scoreboards not knowing of a problem with the zoning. He said that two of the scoreboards are paid for and the third is on hold awaiting the out- come of this request. He said he felt this would be one of major things he could do to enhance park area. He said one of local sign companies will construct signs; two banks have made donations in return for advertising space. On question, he said that placement of score- boards would be determined by Park Department, that signs will become property of city and city will be responsible for maintenance of signs. On further ques- tion about guidelines on who will advertise, he said that Park Department has made some suggestions. No one spoke in opposition to request. Mr. Ellison continued staff report stating that approval is recommended subject to conditions. Chair declared public hearing closed. P & G Minutes July 13, 1983 Page 7 Mr, Juren moved to recommend approval of Z-1591 subject to the following conditions: 1) The planned development (PD) is specifically designed to permit three (3 scoreboards with accompanying advertising only; all other uses are governed by agricultural (A) zoning district standards. 2) The Denton Parks and Recreation Board shall make determinations on appropriateness of advertisers or make recommendations to the Planning Knd Zoning Commission and City Council. 3) Advertising shall be permitted for a period of three (3) years. Seconded by Mr. Sidor and unanimously carried. (7-0) NO. AN ORDINANCE AMENDING 'f H8 ZONING AAP OF Th,b CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 691, AND AS SAID ALAP APPLIES 'FO APPROXIMATELY 80 ACRE TRACT OF LAND OUT OF THE B.B.B. 6 C.R.R. SURVEY, ABSTRACT NO, 186, DENTON COUNTY, TEXAS; AND ?:ORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF 'CHE CITY OF DEN'TON, TEXAS, HEREBY ORDAINS; SECToN I. The Zoning Classification and Use designation of the follow- ing described proprty, to-wits All that certain lot, tract or parcel of land situated in the City of Denton, County of Denton, State of Texas, and being out of the B, B. B. 4 C.R.R. Survey, Abstract No. 186, said tract being a part of an 80 acre tract, conveyed co Lula Evers Tripp from A. F. Evers Estate and being known as the First Tract of the Fourth Tract as described in Volume 385, Page 65 of the Deed Records of Dentcn County, 'texas, and being more particularly lescribed as follows; BEGINNING at a point in the west right-of-way line of Farm- Market Road No. 2164, 36.8 feet south of the intersection of the north line of said Tripp property and the west right-of-way of "Farm-Market Road No. 2164; THENCE south 01014' east with the west line of Form-Markoc Road No. 2164 a distance of 318.2 feet to a point; THENCE south 02'24' east, with the west line of Farn1-Market Road No. 2164 a distance of 430.8 feet to a point; THENCE south 0028' west, with the west line of Farm-Market Road No. 2164 a distance of 100.1 feet to a point; THENCE south 02024' east, with the west line of Farm-Market Road No. 2164 a distance of 900 feet to a point for corner, said point being 100 feet north of the intersection of the west line of Farm - Market Road No. 2164 and the north line of a 4 acre tract of land known as the Third Tract as conveyed to Bob Tripp by deed recorded in Volume 512, Page 386 of the Deed Records of Denton County, Texas; THENCE best a distance of 350 feet to a point for corner; THENCE north 39048110" west a distance of 390,51 feet to a point for •-orner; Tiir.NiE north 01°1u' west a distance of 1550 feet to a point for corner; THE\C_~ east a distance ~)f ooo,10 feet to the piece of beginning. is hereby changed from Agricultural "la)" District Classi - f;cation Use to tole Planned Development ( PD) Di5~ric.t Classi, ficatien and Use under the Comprehensive Zoning Ordinance of the lexas with the fullowing cond.tions, .l t~' 9t Denton, ilIe Tia-1r1e3 uN'C410piX1.3f1: ll'D) 1~ speclficiiiY jesignei t Ierallt tilrel; (J} Scorro0ar~5 ir1t11 aC II 1ng d1'eI':1s111( Jn.ti'; a I I 0111{r ;35 dCe yV1'.rllea :Y 44Th: ,.:Ural l/./ -0111'1 alS:r 1 C t S:.f fl filar as. 1J!1. .:'i i7 I~~ PNR1.'P!I~n JAC Z} 'rho Uenton Narks and Recreation Board shalt make determinations on appropriateness of auvertisurs or make recommendations to the Planning and Zoning Commission and Clty Council, 3) Advertising shall be permitted for a period o.i three (3) years, The Zoning Map of the Cizy of Denton, Texas, adopted the 13th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under Ordinance Vo, 69.1, be, and the same is hereby amended to show such change to District Classification and Use, 5ECTlUN H. 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 pocul tar suitability or particilar uses, and with a view to conserving the value of the buildings, protecting human linos, and encouraging the most appropriate uses of Land for the maximum benefit to the City of Denton, Texas, and its citizens. SEC'I'LUN 111 . That this ordinance shall be in full force and effect immediately after its passage and adpvoyalI the required public hearings having heretofore been hel by the Planning and coning Commission and the city Council of the City of Denton, 'Texas, after giving due notice theroof. PASSED AND APPROVED this the _ day of 1983, RICHARD 0. S- R , ?UtY CITY UP UENIUN, TEXAS ATTEST , CITY-SLUR= CITY OF DhNTUN, TEXAS APPROVED AS 'TO LEGAL FORM, C. J. fAYLUR, JR. CITY ATTURNLY CITY OF UENrON, TEXAS W Z•1591/EVERS PARK-PAGE TWO PLANNINU AND ZONING COMISSION RECOMMENDA'T'ION TO THE CITY COUNCIL To ; City Council Case No, Z-1593 Meeting Date; August 2, 1983 GENERAL INFORMATION Applicant: Walter H, DeRonde/Gemst:one Development 225 North Locust Denton, Texas 76201 Status of Applicant: Financial Interest/Prospective Developer Requested Action: Change in zoning trom single family (SF-7) to the planned development (PD) classification Purpose: Development of maximum of 94 single family detached homes utilizing the zero lot line concept (proposed typi- cal lot size, 35' x 110') Location and Size: 13.407 acres beginning along the east side of Audra Lane approxi- mately 100 feet north of the inter- section of Audra and Paisley Existing Land Use: Vacant Surrounding Land Use and Zoning: North - Vacant, single family, Faith Tabernacle Assembly of God; SF-7, A South - Single family, Robert E, Lee Elementary School; SF-7 East - Vacant; SF-7 West - Vacant, single family; PD-9 Denton Development Guide: Area is designated as low intensity, -J.593 Page 2 SPECIAL INFORMATION Public Utilities; Water and sewer service is available to this site in the form of a 12" sewer line and 8" water line along Audra Lane, Electric service is available, how- ever, it is strongly recommended that it be provided underground only, Telephone and gas service is available, Drainage; The city civil engineer has advised the developer of drainage concerns that must be addressed if development occurs, Drainage will be discussed at the Planning and Zoning Commission meeting; however, the engineering de- partment feels that drainage can be adequately handled ii necessary provi- sions are made during the platting stage, TRANSPORTATION AND TRAFFIC The City of Denton transportation engineer offers the following information regarding traffic and transportation; Trip Generation - Approximately 970 vehicle trips per day with a peak hour load of 97 vehicle trips per day, He further reports Audra Lane can adequately support the amount of traffic that will be generated if this development occurs, Audra Lane is designated as a secondary major arterial by the approved thoroughfare and collector street plan, Ultimately, Audra should have 60 to 80 feet of right-of-way with three to four traffic lanes, Audra is presently designed as a divided four lane boulevard with curb and gutter from East McKinney to the south side of Paisley, The portion of Audra that is north of Pais.Ley is reportedly a public road by prescription with no improvements other than pavement and no dedicated right-of-way, Additional improvements can be anticipated as development occurs on perimeter tracts, If this petition is approved and develop- ment occurs, approximately 740 feet of improvements to one half of Audra Lane will be required. The developer is also being asked to make off-site improvement to a 128 foot portion of Audra Lane that abuts the subject tract to the south. Z-1593 Page 3 TRANSPORTATION AND 'T'RAF'FIC (Continued) The concept plan proposes two east-west residential streets and the extension of existing Mack Drive into the subdivision, Mack Drive is designated as a collector street by the approved Thoroughfare Plan and is projected to terminate at Paisley and cross East McKinney to the south, Staff feels that the north extension of Mack Drive should be studied and considered closely and a final recommendation will be provided at the meeting, CONCEPT ANALYSIS This is a prope.)sal for detached single family `lousing that uti- 11zes the zero lot line concept, Patio housing and garden homes are examples of other marketing terminology used to describe the same or a similar concept, The American Planning Association doscribes it as a concept designed to allow more flexibility in site design and to increase the amount of usable space on the property, 'T'here are many examples of zero lot line development in the overall housing market, but the concept has been limited to only a couple of developments in the City of Denton. Typi-, cally, few city ordinances specifically authorize the zero lot line approach, therefore, most developments of this typo have been handled through variances or planned development proce- dures, or other devices which provide for strict site plan review, The City of Denton zoning ordinance does not specifi- cally provide for this type of development under clearly defined standards, thus, planned development (PD) zoning is required, It is not uncommon to encounter adverse reactions to this type of development when one considers the fact that land area and living area is reduced substantially in comparison with tradi- tional detached single family housing, This is an understand- able reaction, particularly on the part of those who have not been exposed to the diverse collection of architectural styles, costs, amount of living area and settings which characterize this type of development, However, there Is more than adequate evidence that supports the fact that zero lot line housing and similar concepts attract a significant and constantly increasing share of the market that is interested in housing ranging from the truly luxurious to the truly affordable, Profiles of clien- tele for this type of housing would probably include retirees, G-1593 Page 4 CONCEPT ANALYSIS (Continued) senior citizens, single professionals, young couples, and small families with a strong desire to own their home but little time, energy, and/or money to devote to maintenance and cost of large yard area, The petitioner in this request has developed a con- cept that is committed to the idea of providing additional affordable housing in the City of Denton, The developer has described affordable as housing in $39,000 to $42,000 price range, CONCEP'T' PLAN ANALYSTS Planned development (PD) zoning is typically a two stage review process involving first, a general land use concept plan, and secondly, a specificland detailed site development plan, The City Council. and Planning and Zoning Commission may choose to waive the s ecific site plan review stage if they are inclined to accept t 9e general concept without additional review with she understanding that staff will apply all necessary administrative procedures, In some pant instances, plat approval has been sub- stituted for site plan approval. The concept plan for the proposed PD exhibits 94 lots on 13,47 acres for an average density of 7,23 units per, acre, Typical density for single family (SF-7) type land use is approximately four (4) units per acre, Minimum and typical proposed lot size is 35' x 110' (3,850 square feet), Most corner lots are shown as being larger, Proposed average amount of living area for dwelling units is 1,076 square feet, A minimum twelve (12) foot separation will be provided between each dwelling unit if the houses are constructed on one lot line as originally proposed, An additional 4 to 5 foot area may be reserved on either side of the lot as additional open space. Minimum 25 feet front yard setbacks are proposed, Fifteen (15) foot setbacks from the side street on corner lots is also proposed, A six (6) foot solid wood fence is proposed along the southern perimeter of the tract to provide screening for twelve (12) abutting single family houses which front on Paisley Drive, A private recreational area totaling approximately one (1) acre in size is proposed in the area of the west property line, The Parks and Recreation Department has advised the developer of the fact that no city L_ i I I I ~I~ Z-1593 Page 5 CONCEPT PLAN ANALYSIS (Continued) maintenance will be provided for the park area, The developer has proposed homeowner association maintenance and/or a perfor- mance bond acceptable to the city as a response to Parks and Recreation Department concerns. A chain link fence around the playground should be provided for safety and security, Two (2) onsite parking spaces in accordance with City of Denton standards is proposed for each lot The merits of rear yard access vs, front entry has been argued in Denton, as well as, other cities extensively, Some cities favor one or the other, but the Denton Development Review Committee considers each case on an individual basis before making a recommendation, An on- site inspection of a similar development in Lewisvil.lk (Meadow- glen Subdivision off 121 South) revealed parking on tho public street despite the presence of rear yard access and parking area, Depending on individual perception, concrete parking in the front of the property could be undesirable from an aesthetic point of view due to a reduction in yard area, The Development Review Committee has no specific recommendation on whether access should be from the rear or front, It has been suggested that no access be granted from Audra Lane to serve any of the lots. Overall, the Development Review Committee has determined that there are no technical factors that prohibit development of this tract, The concept plan is adequate, but details such as loca- tion and alignment of streets, individual access to each lot and other modifications should be subject to additional review if the change in zoning request is approveu, DLNTON DEVELOPMENT GUIDE AND RELATED STUDIES The Denton Development Guide strongly encourages housing diver- sity in Denton as a whole, More specifically, the Guide urges that in striving for the goal of housing diversity and housing to meet all needs, we apply the lo.llowing principles when making development decisions; A, Work towards differing housing types in such quantities citywide and sectorwide that correspond to Denton citizen's financial constraints and desires for differing lifestyle. Z-1593 Page b DENTON DEVELOPMENT GUIDE AND RELATED STUDIES (Continued) B, Provide diversified housing in all sectors of the city. This suggests that one housing type should not be concen- trated n only one sector of the city, This policy promotes balanced growth which could provide the benefits of valanced land values, better utilization of infrastructure, more en- ergy efficiency, reduced traffic congestion and a sense of community in differing areas of the city, C. Ensure that diversified housing patterns are well planned and provide for protection of neighborhood integrity, Some planning principles which aid in attaining this goal include: 1, Strict site design control and transition between housing types and density, 20 Transportation design where higher density can be served without negatively impacting lower density transportation, facilities, 3. Expansion of codes where necessary and strict enforcemen where existing to ensure quality of smaller size housing. 4. Provision of multi-modes of transportation integrated within and between neighborhoods and activity centers, A 1978 City of Denton Housing Study and 1980 Housing and Neigh- borhood Preservation Data Book both identified lack of housing in the $40,000 range as a significant problem in the City of Denton, both documents are obviously outdated; however, it is not felt that Denton has experienced a level of affordable hous- ing development that would invalidate these findings in terms of today's circumstances, CONCLUSION The economics of developing housing dictates that codes, require- ments and attitudes toward development must be adjusted periodi- cally if diversity and affordable housing is to be 7rovided, Zero lot line housing and many similar trends have ~ecome estac- lished in many different markets in many different forms, Present goals and objectives and specific policies encourage development of a variety of houoing from high density to low density with a particular emphasis upon moderate and low densi; in the City of Denton. The proposed PD is designed to be mode'- Z-1593 Page 7 CONCLUSION (Continued) ate in density and in cost, Planned development (PD) zoning is rovided to ensure protection of neighborhood integrity, Some echnical questions may still exist Insofar as access, parking and similar on-site standards are concerned, The prospective developer has expressed and exhibited a sincere willingness and desire to adjust plans in accordance with staff feedback and will undoubtedly make any modifications the Planning and Zoning Commission and City Council may see fit it it will result in approval of the petition and retention of the basic concept. RECOKMENDATION The Planning and Zoning Commission recommends approval of Z-1593, by a-vote of 4-3, with the following conditions: 1. Specific site plan approval including; architectural render- ings and landscape piano must be approved by the Planning and Zoning Commission and City Council before issuance of building permits, (Alternative is to let plat approval constitute site plan approval,) Z, Recreation or playground area shall be maintained by an approved homeowner s association and, if required, an appropriate bond shall be posted for future maintenance, (Intent is to ensure that City of Denton will not be obli- gated to expend public funds for maintenance of the recrea- tion area,) 3, Overall density of development shall not exceed 7.23 units per arse, 4, Audra Lane shall be improved in accordance with applicable City of Denton subdivision regulations and construction standards from its intersection with Paisley Drive to the northern edge of the property in this request, 5, Final right-of-way width of Audra Lane shall be determined during final platting stage, minimum of 60 feet, maximum of 80 feet shall be provided, 6, black Drive shall not be extended northward beyond this development, Z-1593 Page d RECOMMENDATION (Continued) 7. Sidewalks shall be provided throughout the development on all public streets. 8. If site is not developed within four (4) years, the zoning will revert to its previous single-family (SF-7) classifi- cation ALTERNATIVES 1, Approve petition with conditions, 2, Approve petition without conditions, 3, Approve petition with additional conditions, 4. Deny petition, ATTACRMENTS 1, Aerial 2, PD concept plan 3. Brochure on zero lot line development 4. Reply forms total 5. Property owner list 6, Planning and Zoning Commission minutes of meeting of July 13, 1983 All, I N ; t l- , i L. R ,111. +'r•. ~ ~ w ~ r t l ' yam' _-••-....~..-r»+.~. a. r Yom, 1(4,AMN rAAP 4L ~J V~ UN LONC'Otl'SF.7 L..l..n++o 1+o7 'wL) W-0~14p/Y. I L f ~ f G / 0. 1 'O rp J µJ~ r aLx A ' '.Jt A la Lops LL LN b 01 1. ofy y ,LK r, to Loot LK 0 t0 4h Yc*4L ~94 LOOS r _ .4 + 1 ~ , I I r / / ryM, ~ I((W},1 T y ` I.. • t. ti 4,0 ' 1~~f'. 156'If S)r n 14" 'y ?Jr Iy \ t 4 ~+l , V'+, ^p, Y ,,t4yy ` 1 Y dl 6 14 eLK rC3 , n r r 4. o 70 • G' W ee 3u+en rnre n0o 1 t ~ a s M~~~jG V`I'~jbN a ~ .o I S ,y ~041S LEY VANE i WIE 23,1903 tt WA r; 'wr to. Vies FECfttE01Yl e t 711 ON, ~~o l../ L I1"1 JOY o. 1011 +~tn• I LEE MEADOWS :m . rewrr n wn~rw, •U.. Narrotv,but atlxaN• , ; USE..~ZERO.10T LINE PLANS IV* elevation/ .m .t p"Med on this' at Marthattatl Vli 10 ~ ~ ' :-~'~ARIETY OF DESIGN STYLES window treatment lira living room Luxury detached housing need not of natural FOR SMALL always be built on half-acre or larger estates, LOT LUXURY It can be successfully marketed But, lots as small as 3300 square feet. But, In that kind of setting, builders need 'l ~fl~l~j~s 'jZYj~ J~ fi 114'! 'i1i~A'¢j1~fiYj~'y~i;ltiyl j~7jj~j~S►j1'iPjn ,t~~ :,give; buyers :a lots, of;value and. visual appeal for their money; ;ti,"~„'iha~;~•~is~~;what developer Patiflc rei ~I;11C,artfi►llqq~''pladitg uses•~rlc~ d from X300;000 Is> a'ierio 16 ilir}e cbnflgiiratiori;at%Manhattan .•'Vlllage. ih.:Ivtanhattan Be'acki,°Calif,.s Buyers; ;11ked whatethey':°saw; W n1:40- 110 of the '1`15 ,loti' Mtn ii dridabie dep6sIt9'4or.reser= vations?'in?; the first ` tliiie:.'._weeks beginhLjg.;lri:•''january, ,:Over 150Q people;i'tbuied the•,mddels during' grand=op~tting.weekend:i' Knowitrgr.,that they :had `to, stay withirt the,$300,000 to 5500,000 range to aura' enough,,' buyers,: Coast CoristiucHnn-•: Co,; .the-'builder, of Mai%MttariiVlllage, chdsea zero lot line layout,"This design,'accor~ding to. (.company president, Nat Harty, pro- vides buyers the visual. benefits of detached living but with the land cost savings that, ailow• amenities (golf course,;tennis courts and swimming pool) of'attached living. The company put 42-foot wide PHOrCA4 9009 XCLL89 houses, ori: lots averaging 53 by 100 feet,; leaving a 10- to-32 foot yard on lurk'. one side of each house. see Prospects •in the Manhattan Beach UR area, said Tarty, were used to seeing a variety of'architecwral styles. So NO Coast Construction created a design potpourri, including; Spanish, Cape x Cod, English 'Tudor and French 111,1 Itsxu Chateau elevations. 9x00' ' Designed by architect Robert Earl xxu of Newport Beach, Calif„ the five floor plans with three to five bedrooms range from 2026 to 3183 eR uaii sa square feet in one- and two-story sr jo~ models. Prices for the units go from god FI . $295,000 to $415,000• Interiors were _ x designed by Yeiser•Garland & Associ- ates, o CAR NMI( 1511'1. MAY, 1993 PROFESSIONAL BUILbERAIS Detached Starts At 824 Square Feelt Building eight distinct detached homes clustered around cul-de-sacs on a passed carer site, Dallas builder Fox k Jacobs Inc, was able to sell 44 units in six weeks after an An just opening. Called the Collection at Old ,41ill Place, the projecl offered floorplans ranging i om 924 to 1246 square feel r2lIR3 with prices ranging from 362,950 to 882,950, Lot size: old Itilill, " ranged from 1800 to 2160 square feet with a ten-fool driveway stem to the center of the cul-de-sac Front yard: Place; are part of the common property and maintained by the Closed-in homeowners association for a fee of 825 per month, Clusters lure Units and land plans were designed in-house, the former by Eric Ivfarten and the latter by Ron Morris, Hard buyers away ' construction costs are ranging from 820 to 823 per square 0171 condo foot Four models were decorated by Beverly Taylor of icket belnp Great Coverup of Plano, Texas, with the ticket' market about 818,000 per unit. Buyers have been a mixed profile, said Ed Craig, Fox & Jacobs president, One common denominator has beer that buyers it a condominium profile, being convenience minded and highway artery sensitive. Craig also noted that the cluster of eight homes with a density of 10 units per acre was very location sensitive and would probably not have worked out as well further out of the cih,. C dl .tip. The Collection At Old 1111. ['lace near Dallas included eight homes clustered around a cul-de-sac with a to unit per acre ,tensity. "rho floorptan and Interior shown here offer a variation on a f000•square-foot theme. r140T015 .MURRAY Getz r t ~ t u « tJOVt4\IBER. 1082 PRCI1ti5510NIM 31.'ILDERis tiIHH f" TTI • l • ul:liil Annual $21,800 income qualifies buyers for zero--lot-line home 1 F OR _ ffering a 994• Standard features of Model 209 %FR square foot detached plan for $42,950 included a fireplace, a living room in northwest Houston, Gemcraft ceiling fan, a patio, a fenced-in Homey Model 209 at its Lancaster backyard, a garbage disposer, an ~t ,:,.:r„i ~ development was an Immediate hit, Icemaker•eefrigerator connection, The unit, selected as a National track lighting and f7oor•to•celling Award winner (also see Pe Septem• bathroom tile. ber 1982, page 67), attracted these Gemcraft's executive vice president the winner buyers to a well•planned two of marketing prank Romero served as inelvic`todel :09 has bedroom, one-bath Ian with a project architect. Associate Design Lancaster development In one-car garage andp a host of Group of Houston designed model Houston, The single-family amenities. The zero-lot-line project interiors. sero•lobline detaahed•home first opened in May with 46 sales in Lot costs ran $6000 per unit. Hard contained 994 square feet of the six weeks following. After six construction costs were $24 a square flying space and included two months, 214 units were sold, of foot, For product Information, see bedrooms, one bath, A one-<,t which 34 sales were for 41odel 209. page 242. a garage Ynd a host of amenities. ?WTO. ROB!AVIR i i 1 10PROFESSIONfAL BUILDER JANUARY, 103 91 Sales In 3 Months Uel'al:hed ,•~o+r•Itn~ homy ran0 Na3;5~ Irtr~syt oF~o ~u+r+s ~d r~r>Ba, .~I~rastie~( d~e~+ll, ~ ~I+Ir tnQtn fete ITorn 3090.1;~65gwar4Ft►~ so tht, b0ltl SR.Ikr ~C.1.'~b Sque.tG Plao¢ar+d.iw+udyard. • of hvsn8 spice raw hfavy af6e vlth d d~n6 Price 4340, oW Nardco~SfrKCkion<esisiotaled~71 holn y0urt8 Couples an 1111 C4 in Th¢ 'twcrbeA' +wo ba#h nit a 544lre fbd . ,.1.1, Lv++lskIll fy+as. 6 ~ . 'W y'l t,~rcel Al+nual nc. fl V needed to Chc pr ulcct, \lea+ik r~c};Ivn in.l u. •tlul bull) b1' 12s'lankt I1tHttes It racl,e+! ul+ uall+' lv.', th•ul the iK_.+1ut1 a+yra+;v %IUMil) 1+.1• j_r, t',0 -nits Herr 9( ,ales M the la0U.1fV 1•~larch 11 price for IlL) dry1,1 ~ eslhncd 111'huu.y ravrurs Isere penu+i, Svlocte6 here a the \1ude1 StanooW imviwiv, Include o +lyslgnvd b~ Uc>It n C'.rndnswns, E:v 14 Y ; 41 ] 1v G,~ Y y. RY w mt PHOTOS RAY HA7.D , r. l t I .ti 1 ~ is _ R y 1• ` 1 JAZZ , ~ { 14jI 1 1 / Jf ~ ~,y11 J t • ~1~ ,a ~qy NU ,11 'l' rt .Y + l ~F ' r . )rric 1~ tI' y 1 ~ 1 jiio t RN 1334 13 iy.r_r f e ~ 9 _ t ~i F ~ I I Z~ 1 ~y 1 I I A ~~m 1 ri ~J 1 G ~ +l ~ I TY"1-T•'T~I'T~ 1 I it ~ ~ r . Y~ •,}s } .t tea, - k ti,..-7 v. NM HOMES MPYLAND ' KLUSTRATIONS ARE ARTISTS' (:O~)CEPTS AND MAY VARY IN PRECISE DETAIL FRCM- ANS AND SPECIFICATIONS f r• , • f 1 I storage 11 i , master ~i bedroom Stud 171 141 101 9 I 11 nrry/. n Hmin i ~ n 1,~ M I 1 I i dining living. entry ¢:..r I Y ~ I k I' 9lOflg• lM/)( I Q bedroom L- +:o[ I P 1 1 V _ 0 0 i dlning t U' 1 a' It'. ,t' - --=u r~ • E "kk a q entry E master y bedroom; ,y 1 'MIN k 1ylaI& ` I Detached plan leads sellout in one month Affordable prices and an attractive amenir package led to a one-month se'Aout of the Cottages, a 31-unit single-family detached community in Olympia, Wash. With 19 units of the total sold, the National Award winning Plan A offered first-time buyers an 1048- square-foot unit for $41,000. Builder John Phillips and his joint venture partner, builderibroker James Hodges gave their eager buyers layout flexibility in selecting Plan A. A three bedroom unit with a owo,-bedroom alternate plan, Plan A included one bathroom (see PB December 1982, page 52). Other units ranged from 872 square feet to 1048 square feet of living space with sales prices between 537,000 and $42,OW. Standard features of Plan A included a stainless steel double sink, a lighted range hood, a range/oven, oak cabinetry, a walk-in closet, vinyl flooring and a washer/dryer hookup. Morton Safford James Ill served as project architect Trish O'Keefe and Debra Vanderhoof of Image Interiors designed the model interiors. All fines are located in Olympia. Hard construction costs ran $18,32 ' a sqware foot. The cost of a finished lot totaled 57000. For product Information, see page 242. 4 i; , M6M r 1 Ilea The Cottager built by John _ philllps and James Hodges in - Olympia, Wash., Is a 1_ faU1 community of 31 single-family detached homes clustered in pinwheel fashion. The prolect's best seller was Flan A, a three bedroom, one-bath 1 unit containing 1038 square Jl feet of spate for S31,000. is r -7 L M 1- JANUARY, 1981 I'ROFE55I0NAL 80ILDEP083 Ir T ~ 1 y 1~ 1+ Y 77 111 ~ ELEVATION 1042 y. 1. r K. Vj~ \.%y 1 . n tS~ f PI a tcket W(ag MODEL 1040 SERIES ELEVATION 1043 4r~y 1~%.1.• I "•m` '~'.yi'~1~,.1 ~ ~ .:y 'v•I-• lrCl I •'ry.~ f E' IY. r T,~ / ~ • Awl ~ ~ u..-{ e 1 _ ~ ~ +•pas 'lay. ,~~/7~>~ 'r4j ~ a> / ~ tom: i':y~~ d ~ ~ - ra - MvC~ I 1ifs V .y. 4.. ~a 1 II _y ~ ~ 1 y~ _-LL~ ~y~ ~w•~Z~' ..1 ,y~ .r Iy X!a /i1 h IJ ~ ~1J T I'i •'I ELEVATION 1046 antuc et Vi(fage MODEL 1020 2-BEDROOM/ 1 •BATII 13 a I, Approx, 894 Sq. Fl, Living Approx, 1173 SQ. Fl, TOTAL 10. I✓. Illp~ „ gyp'.{~ O - R. F jo iff - ~ ~ pININC~- C7~ v LIVIt 4~ = f2~-t.~~i 13~.0~.1lo'•O' 12'•I~ % il'•ll' ' i~ 1- J- fi-Iopr. >t1I ' I NEWS Revocation of the occupancy update: COL1rtS certificate means that tenants are no longer obligated to pay rent to the rule for downsizing i A'tu Owners, says Tennant. However, he ley-like mall and other city officials say they An April 1982 Pfatim' article provokes action expect that the recent action will described controversies in two encourage the owners--the Church o Chicago suburbs that had denied Charging that the developers of a Jesus Christ of the Latter Day building permits for smaller houses. 36-story apartment and office Saints-to Improve the mall, (See "Downsizing: Not all want to be building had failed to live up to an including covering it over with glass, trendy,") agreement granting them a floor area as originally planned, and adding Both battles were recently decided bonus, New York City in May benches and landscaping. in court-with mixed results. revoked the eight-year-old building's The mall is one of five public A Cook County circuit court Judge certificate of occv; -Lncyspaces the city agreed to nvestigate ruled in March that the village of The city's Board of Standards and following complaints by civic group Schaumburg was out of line in !flock- Appeals said the owners of 2 Lincoln Three of the spaces have been Ing the 1,500•5quare•foot houses be. Square had failed to complete a improved, while another is still unde ing proposed to fill out a subdivision public pedestrian mall that they had Investigation. composed of considerably larger built in exchange for six floors of ad- Tennant notes that there have been (about 2,300 square feet) houses. dRional building height, The mall is enforcement problems with many of Village officials contended the often closed to the public, is filled the public spaces that were downsized houses would lower prop. with garbage and parked cars, and encouraged by the city's 1961 zoning erty values and would not produce "looks and feels like an alley," says ordinance, although recent plazas enough revenue for such municipal city planning department counsel generally have been designed for services as schools. The developer . Charles Tennant, more active pedestrian use, countered that most of the new EMERGING COMMUNITIES OF TOMORROW CONSIDER THE OPTIONS • HONORABLE PETER WILSON, U.S. WITH: Senator 2-Term Mayor of San Diego, C N: • New/Growing/Redeveloping • WILLIAM H. WHYTE, Author of The Social Communities Life of Small Urban Spaces, The Organi• zallon Man, and other works about cities. FOR: • Finance R Economic Development • HENRY RICHMOND, 1000 Friends • Development Management Oregon, • Resource Management • JOHN A. HAYES, 111, Marketing Director o; Professional Development John Portman Associates, Inc. LEO MOLINARO, President, American Ct;\ Cote. C)"PTIONS SOUTHEAST REGIONAL APA CONFERENCE OCTOBER 42-15,1983 For Re(istra IO hniRL t JRITt:: OPTIONS ORLANDO C/o Wayne 13ennOt . FLORIDA CHAPTER APA 400 S. Orange Ave. IN COOPERATION WITH or Orlando, I'L 32801 ALABANAA, GEORGIA AND Call: Woody Price, AICP SOUTH CAROLI\'A CI-IAPrERS 3051323.4330, Ext, IF8` July August 1983 5 r In both Oakland deals, the city . retains ownership of the land, which l it leases to the Investors, They In turn lease the structures back to the city. The investors gain lax advantages by being able to depreciate the buildings. The city used the 555 l 1 million it received from the first sale to back up a 513 million bond Issue, 10 be used for Improvements to both ~i f~ r~•-~~i t the auditorium and the museum. The ~~-~++t{ y wr ti , city may use part of the proceeds of n-*~ I rn r r '""rte + , ,T a~ the $35 million convention center sale for operating expenses, homes {would be purchased by singles 1982 had 1,520 square feet of s ace, The city has a options r lease on the or childless couples, compared with 1x550 In 1980, and museum,withoptions thereafter, it also has the right !o purchase the Since the court decision, the 1,655 in 1978, building at market value or tl~ outbid bullder, Campanelli, Inc., has agreed The U.S. League of Savings its competitors by $1, to a plan drawn up by the village to Associations repr',r Y imarried minimize the Impact of the downsized persons accounte ! . t ; .percent of Van fans houses. Campanelli will build home sales in M. --i ,tared {,'ilh pan "buffer" houses of at least 2,000 30.7 percent In 1,tS 1. Another jersey van ban square feet on lots between the survey, by the Joint Center for Urban larger, existing houses and the Studies of N41T and Harvard, predicts This summer, the River Edge, New downsized buildings, that Iwo-thirds of all households in Jersey, borough council will consider A village committee Is also looking 1990 will be without children, several alternatives to a controversial at the Impacts of the downsized hous' local ordinance that forbids owners ing and may recommend more ver- l to commercial vehicles i park them satile number zoning standards based on the Sell now, lease .later in their dtfveways overnight, nuber of bedrooms per acre instead The ordinance, which was of the present per unit standard. For the second time in i,vo years, approved by the council last In nearby Hoffman Estates, a Judge Oakland, California, has sold and November, attracted national has ruled that the city's 1977 annexa• then leased back a public building. In attention when some residents of this tion agreement with a developer can. 1981, Oakland sold both its award- Bergen County suburb of New fork not be updated to reflect current winning city museum and the City protested the Issuance of 50 prices, The agreement set 580,000 as venerable Kaiser Auditorium to a warnings by local police. According the minimum new house price [hat group of East Coast investors. This to the ordinance, the residents' would generate enough taxes to pay time, the building sold is the j:ist' commercial vehicles had to be kept for city services, Yllage officials had opened downtown convention center, out of sight--either in garages, argued that the figure was too low to The first sale caused considerable backyards, or under cover, cover today's increased costs and controversy when It was proposed by Mayor William Doyle, who should be ralsed to $100,000. city manager Henry L. Gardner as a strongly backed the law, said the The village is continuing to wa;, of securing funds to renovate the commercial vehicles gave visitors a negotiate with the developer, who is 68•year-oid auditorium. Since then, "bad idea" about the community, expected to build larger houses than other cities have followed Oakland's "The ordinance may be snobbery to a originally planned, lead, and the sale of the conventlon certain extent," he told the New York Now, to put some numbers on the center was speedily approved by the Times, "'but 1 think the trucks do downsizing trendy According to a re- city council in late April. (Sunnyvale, depreciate property values." cent U.S, Census Bureau survey, the California, for example, recently sold Local plumbers, carpenters, average housing unit completed in its new library to private investors.) landscapers, and others charged that Coming in October, See Insert card, t.;7 +y rk t.61: + Jr' Y,~e, ♦di+ ' ,+br~ _ ~ ~ a„, d ~ t,. ~ ,I ~k~~ j'•, ~ j f" ^c. , i:,, Mfg iX 13'r, ,1' ~ I%11~, w r 4i?'~ k 6• '1. 1 y I` ~~~dtlhl❑~' , t PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1593 IN FAVOR IN OPPOSITION UNDECIDED Walter H, DeRonde 225 North Locust Denton, Texas 76201 382-1568 - 214/221-4329 l,,'arton Juca 1804 Bolivar Denton.. Texas 76201 387-2168 V ._....:--111--.-J ~i i . J ' r ! ~ '..1...:.11-~-'.~, ; -'i..._1..--~•~*--T~ -.1.,_.'-r-..•sy~T~'/".'---- r(• ~ ' J ~'~'7 ~~1'(~_. ~ir _~~.1-~YY i'1_`k~'1_..il(~'-.lf~f i.~y..+ti ~J/1~ '/1 ~~~%,I ~ , 1 fit f r L: 1a'Ai,~ l l ~ I hJ, ~ t I J' / J 1 f x r r 'i r;l ~l L:. i I I - IL % ,1 7a LL t1 'I I /1 I 1 i I r 1 1 r' 1 1 , 1 , All { 1: i %6 ?r' r P & Z Minutes July 13, 1983 Page 8 (Unapproved) D. Z-1593. This is the petition of Walter H. DoRonde, representing Gemstone development, requesting a change in zoning from iriglefamly (SF-7) to the planned development (PD~ classifiication on a 13.407 acre tract beginning along the east side of Audra Lane approxi- mately 100 feet north of the intersection of AuOra and Paisley. If approved, the planneC development (PD) will permit the development of approximately 97 zero lot line detached single family houses with a typical lot size of 35 feet x 110 feet. Mr. Ellison explained request stating that proposal is for development of zero lot line detached housing. He said these will be site built homes, not mobile homes. He said that 14 notices were mailed to property owners; two reply forms were received in favor, two reply forms were received in opposition. Walter DeRonde, petitioner, stated they are proposing a unique product and a unique land use for Denton; that housing under $50,000 is either non-existent or ques- tionable for living, that actual cost of home ownership tins increased three times as much as income during the last 10 years. He said their concept provides truly affordable housing. He continued that most will be two bedroom, two bath units, side yards will be fenced, all homes will be landscaped and parking for two cars will be provided in the front. He showed slides of proposed concept existing in other cities. On question, he said they do not plan to provide garages. On further ques- tion he said there had not been a problem with people putting up carports in other areas, that property will be deed restricted. Question was also asked whether the Denton market was ready for this type of housing and Mr. DeRonde answered that they felt concept would sell, that they would build no less than five houses at a time. Chairman commented that Commission would have to decide whether they want a zoning classification for 35 foot lots or not. Petitioner stated they are taking advantage of the economy of mobile home construction by building a 16 x 64 foot house, 1024 square feet; however) houses would be conventional construction, site built. He said there would be a 16 foot wide house, then a 19 foot open space, then another 16 foot house. No one spoke in opposition to request. P & Z Minutes July 13, 1983 Page 9 Mr. Ellison continued staff report stating this is a 13 acre tract. that 94 homes are proposed, with a density of 7.s units per acre. Typical density for 7,000 square foot lots is about four units per acrd. He said that area is designated as low intensity, adequate water and sewer facilities are available; electrical service is available, however, utility department recommends underground service. He said there are drainage concerns to be considered but it. is felt these can be handled during final platting stage. He further stated that transportation engineer has reported that this partiuclar development will generate 970 trips pper day with peak hour load of 97 trips per day. Audra Lane is designated as a secondary major arterial and should be able to take care of traffic. Right-of~-way for Audra should be a minimum of 60 feet, staff would like option to increase right-of-way to a maximum of 80 feet in platting stage if desirable. He further stated that staff is recommending that a section of Audra, approxi- mately 110 feet in length, between this site and Paisley be improved, that this particular section is not his axpress responsibility but petitioner has not indicated any objection to doing so. He referred to Mack Drive stating it is designated as a collector street and advised that staff: feels Mack Drive should terminate in a cul-de-sac or loop or in some way be effectively cut off so it could not be extended to the north, as an ex- tension would result in a collector street undei3irable in length which would actually serve as a major street. He said developer has agreed to that. He continued that as far as concept itself is concerned, developer is try- ing to tap the low to moderate income housing market; staff feels technically it is feasible and does not feel it would negatively impact area; therefore, staff recom- mends approval subjet to conditions. Petitioner offered no rebuttal. Chair declared public hearing closed. Mr. Sidor stated that he agreed that there is a need for additional housing in Denton, that he feels this would be a suitable project, and moved to recommend approval of Z-1593 subject to the following conditions: 1. Specific site plan approval including architectural renderings must be approved by the Planning and Zon- ing Commission and City Council before issuance of building permits. (Alternative is to let plat ap- proval constitute site plan approval.) Juiyzltin~t~ Page 10 2. Recreation or playground area shall be maintained by an approved homeowner's association and, if required, an appropriate bond shall be posted for future main- tenance. (Intent is to ensure that City of Denton will not be obligated to expend public funds for maintenance of the recreation area,) 3. Overall density of development shall not exceed 7,23 units per acre. 4. Audra Lane shall be improved in accordance with applicable City of Donton subdivision regulations and construction standards from its intersection with Paisley Drive to the northern edge of the property in this request. 5. Final right-of-way width of Audra Lane shall be determined during final platting stage; minimum of 60 feet, maximum of 80 feet shall be provided, 6. Mack Drive shall not be extended northward beyond this development. 7. Sidewalks shall be provided throughout the devel- opment on all public streets. 8. If site is not developed within four (4) years, the zonin will revert to its previous single-family (SF-7~ classificatinri. Seconded by Mr. Pearson. Mr. Juren suggested an additional condition requiring a landscape plan. On question, Mr. DoRonde said they do provide landscaping. He showed a typical landscape stating that they want front elevation to be aestheti- cally pleasing. He said they are willing to provide a basic landscape plan, however, he didn't want to count trees. He said there are a good many trees in this area, they hope to maintain as many as possible and add to existing. On question about establishing a monetary value on landscaping, he said it would vary because of existing trees. Mr. LaFo rte moved to include landscape plan approval in condition Ill. Seconded by Mr. Sidor. P & Z Minutes July 13, 1983 Page 11 Mr, Pearson commented that develo er will have to have a market for sale of his property, hat it would be to his advantage to landscape: properly. He said he felt that, rather than try to specifyy landscaping, it should be left up to developer. Fie furthor stated that developer could put in landscaping and if people didn't support it, plants would die. Vote was called on amendment: Aye - Escue, Juren, LaForte, Sidor Nay - Claiborne, Pearson (Ms. Cole abstairied) Amendment carried. (4-2) Chairman commented that he hoped this wasn't a trend; however, ggiven the time and place of proposal, he thought tY,e development would work. Mr. Claiborne commented that he does not object to this type of pro ect however, he had one thoublit, neighbor- hoc;: compatibility. He said this development will abut single family housing on Paisley and he would be more in favor if lot size exceeded 4,500 square feet; with this size lot he couldn't support the project. Vote was called on original motion including amendment. Aye - Cole, La Forte, Pearson, Sidor Nay - Claiborne, Escue, Juren Motion carried. (4-3) rr EJ^, 1 so, AN ORDINANCE AMENDING THE bUNING MAP OF THE CITY OF DENTON, TEXAS, AS Sklb WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY Of DENTON, TEXAS, BY ORDINANCE NO, 69.1, AND AS SAID Nt4P APPLIES 'TO APPROXIMATELY 13,407 ACRES Of,' LAND IN DENTON COUNTY, TEXAS; AND MORE PARTICULARLY DESCRIBED HERHIN; AND DECLARING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY Jr DENTON, TEXAS, HEREBY ORDAINS: SECTION I The Zoning Classification and Use designation of the follow- ing des,~rlbed property, to-wit: BEGINNING at an iron rod found, said iron rod being the at the Southeast corner of the Jonathan Brock Survey and also being in the North line of the F. M, Downing Survey; THENCE North 00030'33" Best a distance of 15$.4 feet to the point of beginning; TH'HNCE South 99052'30" nest a distance of 9.79 feot to a point for a .orner; THENCE North 0001130" West a distance of 170.12 eet to a point for a corner; THENCE South o9°52'30" 'nest a distance of 130,0 feet to an angle poin.; THENCE North 39037'5" nest a distance of 50,0 feet to an angle point; THENCE South 89°52' of ^2'9.59 feet to a point in the East right-of-way line of Audra Dr. (50 feet right -of-way) for a zorner; THENCE North 20°6'33 East along said right - of - way line a distance of 158.01 feet to a point for corner; THENCE North 89013'4 S" East a distance of 653.29 feet to a point for a corner; THENCE South 00019'00" East a distance of 389.6 feet to the point of beglnnii,g and containinj 534,027 square feet or 13.107 acres of land, more or less. And being a portion of the land described in that certain Warranty Deed from C. F. Pofahl to Commonwealth Development Co., dated December 2~~, 1972 and filed for record January 8, 1973 in Vo_une 6b5, page 282, Deed Records of Denton County, Texas is hereby changed from Single Family (SF-'1) District Classifi- catiun Use to Planned Development (PD) U i s t r i c t Classification and Use under the Comprenensive Zcoing Ordinance of the City of Denton, Texas subject to the following conditions: 1. Specific site plan approval including ar,.hitectural renderings and landscape plans must be api, roved by the. Planning and Zon- ing Commis ion and City Council before issuance of building permits. 1Al ternative is to ltt plat approval constitute site plan approval.) 1593iDeRUNDE/GEMSTONE DEV.-PAGE ONE i i, Recreation ov playfround area shall be maintained by an app roveo nwrieownor s association and, if roquirod, an a~propriato bond shall bu pusted for future maintenance, ( ntont is to unsure that Ctry of Denton will not be obli• gated to expend public funds for maintenance of the recrea- tion area.) 3. Overall density of development shall not exceed 7,25 units per acre. 4, Audra Lame snail be improved in accordance with applicable City of Denton subdivision regulations and construction standards from its intersection with Paisloy Drive to the northern edge of the property in this request, 5. Final right - of - way width of Audra Lane shall be determined during final platting stage; minimum of 60 feet, naximum of 90 feat shall be provided, 6, ?lack Drive shall not be extended northward beyond this development, Sidewalks snail be provided throughout the development on all public streets, Ii sito is not developed within four (4) years, the zoning will revert to its previous single-family (SF-7) classifi- cation. The Zoning Map of toe City of Denton, 'texas, adopted the 14tn day of January, 1909, as an Appendix to the Code of ordinances of t h a City of Denton, Texas, under Ordinance So, t9.1, be, and the same is hereby amended to show such change in District Classification and Use SECTION 11. That the City Council of the City of Denton, Texas, Le rehy finds that such charge is in accordance with a coinpreh,ansIve nlan for the purpose of prumoting the general welfare of the ity of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particilar 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, SECTIOS III That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having huretotore been held by the Planning and Zonin, Commission and the City Council of the City of Denton, Texas, after hiring due notice thereof. P:ISSCD AND APPROVED tnis toe day- of i ✓Tl~HARD U. J'1 'rtiAK , yL4 l CITY OF Mr01', 'T'EXAS ..1'TEST 711;-ALUM ALE Z(,11-: Jtt.iltl A'1 C[TY )F DENTO, TEXAS AS LEGAL FJR,1: ci i'1' .;iTOP,\'E1 c i r v a ,.•i.l.5riia,tU\'ueluE'dSiV,~E L'ia. 2.yuc '~dV1 ' 1 fV.11f UPI AHf+ \ . I . ~1 ' 7=, -J~ 1M► fHy blr• •J p(, (Lp Vim/ list x St. J~~ N UN LONStl "~KY ~,~rw+r I~ / a , I 2 7 s 5 • t ,7 a '.r 13 0LK A t 1 'Jl A N to" ALA ~ _ - ' IN a II 4orY Ut 70 LoN o. 1.11 Q _ 19 LId 1 _ _,r~:.~ ro --1---• tgrAL La Is _ u I I I 1r'' „ S ~ft• ` N,paorN~ r ..I._. l BLr. Ll I i- d. e ~0 r _ Q 1 l,. 6 ,l c I - I 4,. y 5 I j i4 is r 1 x 5 . 7 6 Ij ) l9 u ? '3 A~ r iR ,O~- 8LK. E h "p n 11 i t ~o f I " W, Od Ju~ F.ne rto 1 V L -A n S sti, q ML,~juE • rpPAIALEY oglV9 'Imc 23,1903 °'~~~"7p~Cgt7~ td, _ I,l NIBS 9cemo lul l I~ ~ ~a XugSg JO,, Tirbt T p TI. 1 20r WUH RI• LEE MEADOWS ' ,W lfv.V •VW IN4V •.H </N . AWfV 7 OM rt+I. BUY 1 . I rr PLANNING AND ZONING COMMISSION RECOMMENDATION TO THE CITY COUNG114 To: City Council Case No. 6.1594 Meeting Date: August 2, 1983 GENERAL INFORMATION Applicant: North 'T'exas Businass Park c/o Tom Fouts 700 Dallas Drive Denton, 'T'exas 762U1 Status of Applicant: Owner Requested Action: Change in zoning from PD-17 to the light industrial (LI) classification Purpose: Development Location and Size: 106,83 acre site north of Spencer Road and west of Woodrow Lane Existing Land Use: Vacant Surrounding Land Use and toning: North - Pecan Creek; PD-17 South - City Power Plant; L1 East - City Property; A West - Residential; SF-7 Denton Development Guide: Area is designated as high intensity. SPECIAL INFORMATION Physical Characteristics: Generally flat, some flood plains. Public Facilities: Water and sewer are available at site, Transportation: Development will require extending roads, etc, which are proposed to follow current thoroughfare plan (also see preliminary plat), Z-1594 Page 2 ANALYSIS The PD vs, Traditional Zonln& Question This tract was part of a larger tract that was zoned PD for light industrial in 1973, "'he PD had a general street plan along with a list of conditions, The conditions parallel In large part the current City of Denton standard development provisions, Development that has occurred since 1973 is typical light industrial development that probably would have been designed the same whether or not a eD was in effect, The PD has also changed ownership with Mr, Fouts acquiring the subject 106 acre tract south of the creek, Therefore, for these reasons, the PD zoning does not appear to be serving any significant purpose that, traditional zoning would not accomplish, The Land Use Question this area is in a high intensity area that encourages diversi- fied land uses. It is also well buffered from adjacent residen- tial and therefore the industrial zoning appears reasonable, RECOMMENDATION FT he Plannin, and Zoning Commission recommends approval of Z-1594 >y a vote of 7-0. A1,11RNAT I VES 1, Approve petition, 2, Deny petition, ATTACHMENTS 1, Aerial 2. Reply forms total 3, Property owner list 4, Minutes of Planning and Zoning Commission meeting of July 13, 1983 y 4 y • f 1 r• 9 a . 1 144f f i M e 1 f ti a It 4 1 `~wp 1 ~ F v .f PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1599 IN FAVOR IN OPPOSITION UNDECIDED Pry Motor Shop 0. 11. Fry 801 Woodrow Lanc Denton, Texas 76205 Lewis rry 200; I"dgemont Abi'.ene, 'T'exas 79602 9is-692-2 839 David H. F'ry, Jr. 923 Woodrow Lane Denton, Texas 76205 C. L. Fry 801 Woodrow Lane Denton, Texas 76205 r r , I } 1 ' ~ f r I ~ 1 0• I_ I - r .-_._t_.__ ~r I'•:~ /.l 1',''ri:T it dt r4rJ i n r ! 1 , r( 1a 1, I - _ 1 .I II. a I- II I •t. 1~ ~ -.._._.__._-?r.. I- ~.___.-1r~~.~r.l.u•.._ 1I ♦ 1 +II LJ~L1uu ,P I ' I ~ ~ r II I' . • 1 ~ . I - f 1 .ji ..r X11 11', af:•~ ' 1 II t I I~ I ._r l ! 111 1 1 1 h _ ~Jr•!f v111111 1~l f. •fl'I:. Jai I~v)~ I ~ ti 7 ! AI I~ 11 t rl.r ft',, f9 / II II l 1 I t I J l ; P & Z Minutes July 13, 1983 Page 12 (Unapproved) E Z-1594. This is the petition of North Texas Business aark by Tom Fouts requesting a change in zoning from PD-17 to the light industrial (LI) zoning classification on a 106,83 acre tract of land in the S. Morris Survey Abstract 868, and the Mary L. Austin Survey, Abstract 4, Denton County, Texas, and being generally described as located north of Spencer Road and west of Woodrow Lane. Mr. Fanning explained request stating that 13 notices were mailed to property owners; four reply forms were received in favor, no reply forms were received in opposition. Tom Fouts, petitioner stated that area was zoned PD for light industrial in 173, that development that has occurred has not followed the PD. he said he is pri- marily interested in the area south of Pecan Creek which property fronts on Woodrow Lane north of Spencer. J. M. Fry, a property owner, stated that he is in favor of changing ail of PU zoned area to light industrial zoning. No one spoke in opposition to the request. Mr. Fanning continued staff report stating that scipu.ta- tions of the PD are no more restrictive than what is required now in traditional zoning districts. lie said that area is designated as high intensity which encour- ages diversified land uses and staff recommends requested change to straight light industrial (LI) zoning, Petitioner offered no rebuttal. Chair declared public hearing closed. Mr. Sidor moved to recommend approval of Z-1594. Seconded by Mr. Claiborne and unanimously carried. {-0) r NU. AN ORDINANCE AMENDING THE ZONING ~LkP OF 1'Hh CITY OF DENTON, TEXAS, AS SAME hAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DEN'TUS, TEXAS, BY ORDINANCE NO. 69.1, AND AS SAID MAP APPLIES TO A 106.33 ACRE TRACT OF LAND IN THE E. MORRIS SURVEY, ABSTRACT 863, AND THE MARY L. AUSTIN SURVEY, ABSTRACT 4, DENFON COUNTY, TEXAS, AND BEING GENERALLY DESCRIBED AS LOCATED `FORTH OF SPENCER RCAU AND ;TEST OF NOODROh' LASE; AND MORE PARTICULARLI' DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTGN, TEXAS, HEREBY ORDAINS: SECTION Tne Zoning Classification and Use designation of the follow- ing described property, to•i,'ir: 106.83 acres out of tha E, Morris Survey, Abstract 363 and the Mary L. Austin Survey, Abstract 40 Denton :ounty, Texas, being further described as 3MNSIN'r, at an iron pin on the North side or a 30' gravel road conveyed from Alec Dickey to Denton !,ouaty Febroary 1955, Volume 407, page 472, County Records, Denton County, Texas ..nd the center line of Iioodrow Lane being cite Southwest corner of said tract; -HENCE North 00022'0)" East 16-5.54' to the Northwest corner of said tract; THENCE North 89'31100 East 1415.5'' to a corner,; rrISNCE South 02100100" East 394,39' to a corner' THENCE North 39041100" East 1316.59 to the Northeast corner of said tract; THENCE South u1°54'10" 1+'est 15'2,13' to the Southeast corner of said tract; THENCE South 89041100" iiest 2"02.32' to the point of beginning. is hereby changed from from Planned Development (PD-17) District Classification Use to Light Industrial "LI" Uistrict Classifi - catton a nd Use under the 'omprchensive Zoning Ordinance of the City Denton, Texas. The Zoning .'lap of tho Cite of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of urd inances of the City of Denton, 'T'exas, under Ordinance No. b.)•1, be, Ind the same is hereby amended to show such change in District CI assificat_on i!id Use, SECTION 11. Fliit the City Council of the itv of Denton, 'Texas, hereby finds that such ch:,nge is in accordance v,'iin a comprehensive nlan for the purSc of promoting the general v,'eIfare of the City ?f Denton, Texas, ,tau xit.h reasonable cuii si6eraticn, among thics the character of the district and for it, "♦,i. :a; Sul ta,b l'l l', 01 pa rt i c u I ar UseS, aril '~I til d l0'A t0 C).i sd r v i 11 L' :lie aIue Jf the nuildings, pro:e.:tink human Iives, 3nu _ricOUr3elILL t11e ;iCSt appropriate 1)5e5 Uf T:,ao far tote ra~ili;rn 'none fit t;- the Clt;~ of I,anton, 1'e.xas, and its citizens, 5 iL.AS 3Ub1,\E55 r'.l i, }';wc )NL SECTION III, That this ordinance snail be in full force and affect immediatoly after its passage and approval, the required public hoarings having heretorore boon hold by the Planning and Zoning Commission and the City Counciul o the City of Denton, Texas, after giving duo notice thereof, PASSED .a,\D APPROVED this the day of , 1483. R7L'HARI u. S ti , CITY OF DENTON, TEXAS ATTEST: CHAR LOT fE A IT E= CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FOk?I; C. J, TAYLOR, JR., CITY ATTORNEI MY OF DEN'r0\, TEXAS BY _•t~:1r Ec:~:'+,i .iUSI\E~~ ~'.-.~i:.•r'~,,~r, lnU PLANNING AND ZONING COMMISSION RECOMMENDATION TO THE CITY COUNCIL To; City Council Case No, S-133 Meeting Date; August 2, 1983 GENERAL INE-ORMATION Applicant; Richard W, Fulton 6 Highview Circle Denton, Texas 76201 Status of Applicant; Owner Requested Action; Amendment to Specific Use Permit (S-133) that permits day care Leiter in a two family (2F) zoning disrr,ict, Purpose; To delete condition of ori6-inai ap- proval making specific use permit (S-133) non-transferable to any day care operator other than Ms. Kay Conaway (original applicant), Location; 707 Carroll Boulevard is located along the west side of Carroll Boulevard between Panhandle and Egan, ZONING HISTORY On June 22, 1976, Ms, Kay Conaway petitioned the Planning and Zoning Commission and City Council for approval of a specific use permit for a day care center in a two family (2F) zoning district, The petition was considered by the Planning and Zoning Commission at its meeting of July 7, 1976, The Planning and Community Development Department recommended approval of the request with the following coiW itions; S-133 Page 2 TONING HISTORY (Continued) 1) The permit be Issued to Me, Kaye Conaway and be non-transferable, 2) Parking be provided based on the standard of one (1) space for each four (4) children plus one (1) space for each adult normally in the building, 3) The number of children be limited to Lwenty-four (24), 4) All public access to the day nursery be from CoiL Street side of property, 5) Signs be limited to the Coit Street side of property at a maximum size of fifteen (15) square feet, 6) The day nursery requires licensing approval of the 'T'exas Department of Public welfare and must satisfy building and fire code requirements, 7) The specific use permit only valid when above conditions are me t.. , The Planning and 'coning Commission tabled the request on July 7, 1976. After reconsideration on July 21, 1976 the Planning and Zoning Commission recommended approval of the request with the following conditions; 1) The permit be issued to Ms, Kaye Conaway and be non-transferable, 2) Parking based on one (1) space for every two (2) employees. 3) The number of children limited to thirty-four (34). 4) All public access to day nursery from Coit Street only, The City Council held its public hearing on the request on August 17, 1976, and approved the specific use permit with the conditions recommended by the Planning and Zoning Commission, No official ordinance was prepared or adopted approving the zoning change, S-133 Page 3 ZONING HIS'IORY (Continued) Current practice is to prepare and submit legal instruments or ordinances to the City Council for approval when zoning is changed. This is but one of many examples of where this criti- cal practice was not followed in the past, In June, 1979, Ms, Conaway petitioned for an amendment to 5-133 to permit an Increase in the number of children to be accommo- dated from 34 to 50, The Planning and Zoning Commission unani- mously recommended approval of the amendment on July 5, 1979, The City Council approved the amendment increasing the number of children from 34 to 50 at its meetint, of August- 7, 1979, The o n inal conditions of approval remained intact and the practice of failing to adopt the change by official ordinance or appro- priate legal Instrument was repeated, Mr, Richard Fulton (owner of tract and petitioner) contacted the Planning and Community Development- Department to confirm that the zoning for a day care operation existed after Ms. Conaway abandoned the site in 1.982, He was informed that typically, specific use permits are attached to the land and not related to the owners or operators; thus, there was no reason why the day care use could not continue to exist under different proprietorship, After additional inquiries and thorough study of the files and history of this case, staff discovered the con- dition prohibiting transfer of the specific use permit, The petitioner was advised that an amendment to the specific use permit that deletes the non-L-ransterable clause is required if someone other Lhan 1s, Conaway proposes to operate a day care center at the site, He was also advised that an actual ordi- nance needed to be prepared and adopted by the City Council if the amendment is approved, ANALYSIS The petition for an amendment to 5-133 only addresses the afore- mentioned non-Lransfer condition, Staff and the petitioner have been advised by the City Attorney that no other issues are in- volved and no attempt should be made to evaluate overall. land use issues, As stated earlier, it is c-istomary to tie specific use permits to the land itsellI as opr;sed to the owners or custodians of the property. The Planning and Zoning Commission could think of no practical reasons which make this use any different, 5-133 Page 4 RECOUMENDATION The Planning and Voning Coaunission recommends approval of the amendment to 5-133 which would delete an original condition that the specific use permit be non-transferable, by a vote of 7-0, ALTERNATIVES 1, Approve amendment. 2, Deny amendment, AT i'ACMENTS 1, Aerriai 2, Reply forms total. 3, Property owner list 4, Planning and Coning Commission minuted of meeting of July 13, 1983 .rE ' . AS 1 \ .-4 Alk Ilk } r.s tx r1x s ~ 1 1 ,~[+'x t N. t t • YZ< yr ~In IL xr l' 14% , t PROPERTY OWNER REPLY FORMS CITY COUNCIL S-133 IN FAVOR IN OPPOSITION UNDECIDED Gary Martin 2700 James Street Denton, Texas 76201 4 7 rl •1 .4 f r ~ f r 1~ 7 I f I I rl ~ I f.' ivy ,1, _ r M v r ,.,t r r r ii ri ~rl -l f~y lVli r• WJ ~ r r c + r 1 V 04 IS I YI r r1'~)'t • ~~l 'h rr 4'.1 + v r Fi' I Li 5 y Y~ ~ 1 1 ' P & G Minutes %July 13, 1983 Page 4 (Unapproved) B. 'ro estingianiamendmentito a sfpeclficruse.permitnfor a day care center located at 707 Carroll Boulevard. If approved, the amendment would remove a condition of original apppproval making the specific use permit non-transferable to any day care operator other than Ms, Kaye Conaway (original applicant). The existing day care center is approved for a maximum of fifty (50) children and the property is more particularly described as part of lots 2 and 3, block 8, Carroll Park Addition. Mr. Ellison explained request statinII that this is a request to amend a specific use permit for a day care center which was approved in 1976, and amended in 1979 to increase number of children to be accommodated to 50. He said that an original condition of the specific use permit was that permit would be for use of Ms. Kay Conaway (original applicant) only and that it be non- transferable. He said this is an unusual condition as normally use is attached to property, not the proprie- tor. He said that request is only to delete that condi- tion. He further explained that no ordinance was adopted approving the specific use permit in 1976 or tro amendment in 1979 but it was approved by the City Council. The Legal Department has instructed staff not to evaluate use of day care center; that the only con- cern at this time is deletion of the non-transferable condition. He continued that 26 notices were mailed to property owners; eight reply forms were received in favor, no reply forms were received in opposition, one undecided reply form was received. He further advised that if amendment is approved, staff will prepare an ordinance to be adopted by the City Council approving the specific use permit for a day care center. Dick Fulton, petitioner, stated that he wns owner of property in 1976 when original request was made, that he rented property to Ms. Conaway. He asked that non-transferable condition be deleted so that the day care center could be continued with another operator, No one spoke in opposition to the request. Mr. Ellison continued staff report stating that approval of amendment deleting condition is recommended. P & Z Minutes 3uly 13, 1983 Pagb 5 Petitioner offered no rebuttal. Chair declared public hearing closed. Mr. Sidor moved to recommend that amendment to 5-133 be approved to delete original condition: "The permit be issued to Ms. Kay Conaway and be non-transferabls'(7-~) Seconded by Mr. Pearson and unanimously carried. No, =.N °JRDINANCt GRANTING A SPECIFIC USE ?ER%II'T AST) t0lENDING THE :ONiNG MAP OF 1'HE CITI OF DENTON, IEX:tS, AS SkME WAS ADOPTED AS N APPENDIX TO CHE CODE OF ORDINANCES OF rHE Cl"l'I OF DENTi1N TEXnS, 31' ORDIS.A.NCh NO, i-v-l, AND AS SAID MAP APPLIES TO 70, C.k,ROLL BOULEVARD I\ fHE CITI .1,\D COU1'i'1' uF DENTON; AND DECLARING AN EFFECTIVE DATE, T:iE COUNCIL OF THE CITY OF DhN'TON, TEXAS, HEREBI' ORDAINS; SECTION I. That the Zoning Classification and use designation of the following described pro;orty, to•witl Carroll Park Addition, part of Lots 2 and 3, Block 3, known as 07 Carroll Boulevard, whicil is classified as Two Family (2F'r District Classification ,J se under tho Comprehensive :oning Ordinance cf the City of Denton, Texas is heresy changed and a Specific Use Permit is nereby granted for the use of said property for a day care canter, su'o;act to the following conditions and restricti.n to w1t1 .all vehicle access to the day car- center to be by way of Co it Stroet only, to be a:comodated shall be The number of children limited to fifty (50). The Zoning Slop of the City of Denton, Texas, adopted the 14th day of January, 1909, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under Ordinance No. b9.1, be, and the same is hereby amended to show such change -in District Classification and Use. SECTION IT. That the City council of the Cit of Denton, Texas hereby finds that such change is in accordance wth a conprehonsivo plan for the purpose of pronoting the general velfare of the City of Denton, Texas, and with reasonable consideration, among ot'ner things for the character of the district and for its peculiar suitability or particular uses, and »ith a view to conserving the value of the buildings, protecting hucan lives, an:: encouraging the most appropriate uses of lane for the :oaxi;nc-n benefit to toe City of Dl:nton, Texan, and its citizens. " M ON Ill, l'ilat this ordinance snail oe in Lull force and effa 'ely after its passage and approval, the required publl_ nearing5 having herot, ~fcr= :,een held 'r. the Planning and onic~ I C ommIs$iOn and the City Council 0f the City of Denton, Texas, after .giv ting due notice citoreof, PaSSud A,\'U APPROVED this trio day of 1y33 CITY OF DLNI0X, IS Al'~'EST: CITY OF DENTON, TEXAS APPRO4'ED AS TO LEGAL FORM: C. pi 110R, JR., CITY A(TORSEY CITY OF DENTON, TEXAS B Y' PLANNING AND ZONING COMISSION RECOMMENDATION '110 THE CITY COUNCIL To: City Council Case No, S-170 Meeting Dale: August 2, 1983 GENERAL INFORMATION Applicant: North Texas Business Park C/o Tom Fouts 700 Dallas Drive Denton, Texas 76101 Status of Applicant: Owner Requested Action: Specific Use Permit for Mobile Home Park Purpose: Develop a mobile home park Location and Size: 47,06 acres, lots 2 and 3 of proposed North `texas Business Park, containing 251 lots Existing Land Use, Vacant Surrounding Land Use and Zoning: North - Vacant; PD-17 South - City Power Plant; LI East - City Propertyy, Vacant; A West - Vacant; PD-17 Denton Development Guide: Area is designated as High Intensity. s-170 Page 2 SPECIAL INFORMATION E1191 acilitiesAdequate water and sewer is available at site. tation; Acceptable as per plot plan, ANALYSIS The subject mobile home request is reviewed from the standpoint of 1) overall city plan (Denton Development Guide) and 2) site specific design, Oyerall_Gity Plan The mobile home park is proposed in a high intensity area which encourages diversified land uses including high density housing. The request is for moderate density housing and, in fact, the Guide would encourage more dense residential in this area since the long range plan for a high intensity center served by mass transit will require hi her density residential in this area, However, since this cou~d be considered a long range interium use and It does provide diversity of housing for the area it appears to meet the basic Guide policies for high intensity areas, The specific guide policies utilized for review are the apartment policies on pages 17 (c), 27 and 28 of the Development Guide, (fee analysis summary, pages 4 and 5,) These policies are applicable since a mobile home park exhibits characteristics of apartments and it can be considered the same or similar for city planning purposes, The mobile home park appears to meet all of the above referenced policies. In addition, It appears to be adequately buffered on all sides, with industrial to the west, Pecan Greek to the north, City vacant land to the east, and the City Power Plant to the south, S-170 Page 3 ANALYSIS (Continued) Site Specific Review A proposed site plan for the mobile home park was reviewed by the Planning and Zoning commission according to the criteria outlined in the City Mobile home Ordinance, All requiremi,nts of the ordinance were or could be met during permit phase except the following; 1) The ordinance requires a five (5) foot height screening on all sides unless screened by natural barriers, The north and west border Is a creek, The south and east is city land, Therefore, screening would be req.jtred on the south and east as a minimum, 2) Need to name and number streets, 3) Need to provide vehicle storage area of 150 square feet per lot, which equals 37,650 square feet, 4) Location of 40 x 50 foot office on 1,22 acre tract needs to be shown on plot plan, 5) 50 x 80 foot recreation building needs to be labeled on plot plan, b) Parking for recreation building needs to be shown on plot plan. twcommend a minimum of eight (8) spaces, The parking area must be in addition to the required 3,78 acre recrea- tional area. Current recreation area shown is approximately 3,65 acres, 7) Plot plan needs to show Phase 11 lot layout and street design, Final permit subject to review of Phase II as officially presented on the Specific Use Permit Plot Plan, 8) Specific use permit, final plat, building permits and development permits subject to compliance with the mobile home ordinance and all other ordinances of the city, 9) The zoning shall revert to light industrial (PD-17) If the mobile home park use is not developed within four (4) years, --170 Paige A TUEYELOPMENT CUIUE COMMENT OEYU MENT RAT1Na COMPARED TO POLICY i POLICY I SllRhtl M1A or Sltghtlyy Unrccentabte Unacce tam U_paurg Aoceatable cee tabu Diversity include 9obile homes provide x i.ng high density needed diversified llouslna encouraged ousing,Dentity in order to pro- could be considered vide transports- low but long term ticn balance, interim use offsets (pg. 17) this factor. Work towards diff- obile homes provide x oring housing moderate income types that corre- housing alternatives sponds to Dentcn citizens financial 's lifestyle neeas, (pg. 27) j Diversiried hour- 'there is not cure- X lino available in ently an over con- all sectors of th centr.ation of mobile city but not con- homes, apartments icentrate6 in only etc, in East Dentoll, !one sector However, future (pg. 27) trends will have to l be closely watched as traditional mar- l ket forces will ten to over concentrate this type of housing Design to main- 1 twin neighborhood il)tegrity. t1)g, 2&) *Not concentra- ted(See above) *11'ransition be- Site is adequately x tween housinc buffered on all types sides. i I 1 i Continusd S-170 Page S DEVELOPMENT OVIDE COMMIT DCVLLOPMEHT RATING COKPARLD TO POLICY POLICY Slightlyy NIA Slightly Vnecceptabll Vnacoeptable uer oae e a AateptebIt *'Praffie design the site will be X to flow direct-served directly by ly onto collet collector street or streets, (Shady Oaks Ext.) that connects dir- ectly to Woodrow Lane(A major arter- ial) *Mult imodal Not shop,°n on plan a Transportation *Codes expanded Current mobile home x and strongly ordinance is very k enforced restrictive and has Ef ample enfozcemont provisions Overall Rating x 1 , S-170 Page 6 RECOMI ENUATION The Planning and Zoning Commission recommends approval of S-170, by a vote of 4-3, subject to the following conditions; 1) The ordinance requires a five (5) foot height screening on all sides unless screened by natural barriers, The north and west border is a creek. The south and east is city land, Therefore, screening would be required on the south and east as a minimum, 2) Need to name and number streets, 3) Need to provide vehicle storage area of 150 square feet per lot, which equals 37,650 square feet, 4) Location of 40 x 50 foot office on 1,22 acre tract needs to be shown on plot plan, 5) 50 x 80 loot recreation building; needs to be labeled on plot plan, 6) Parking; for recreation building needs to be shown on plot plan. Recommend a minimum of eight (3) spaces, The parking area must b(, in addition to the required 3,78 acre recrea- tional area. Current recreation area shown is approximately 3,65 acres, 7) Plot plan needs to show Phase 11 lot layout and street design, Final permit subject to review of Phase 11 as officially presented on the Specific Use Permit Plot Plan, 8) Specific use permit, final plat, building permits and development permits subject to compliance with the mobile home ordinance and all other ordinances of the city, 9) The zoning shall revert to light industrial (PD-17) if the mobile home park use is not developed within four (4) years. 9-17u Page 7 AL'I'LRNATI US 1. Approve petition with conditions, Z. Approve petition without conditions, 3, Approve petition with additione,'. conditions, 4. Deny petition, ATTACHMENTS 1, Aerial 2, Minutes of Development Review Committee meeting of July 5, 1983 3, Plot Plan of Mobile Home Park 4, Typical Lot Arrangement 5, Reply forms total 6. Property owner list 7. Minutes of Planning and Zoning Commission meeting of July 13, 1983 r r , ,.....,y JnL4 oi. r • r , • w M, K A44r 1 f rr 1 911 1 ~ ~ h Minutes Development Review Committee July 5, 1983 Staff Present., Jerry Clark, David Ellison, Steve Panning, Harland Jefferson, Earl Jones, Koorosh Olyai, Bob Ticknor and Ernie Tullos Developer Present; Tom Pouts II, Review of Specific Use permit concept Plan - North 'T'exas Business Park Article III - LtobiLe Home Parks Section 23-24 - Permit Required Permit issued by Building Inspection required. Section 23-25 - Application Requirements (a) Application required to Building official after specific use permit granted, (b) Required Plot Plan being circulated with specific use permit. Section 23-26 - Permit Fees As stated in ordinance. Section 23-27 - Issuance of Permit As stated in ordinance after specific use permit is granted, Section 23-30 - License Required To be issued yearly by Building Official Section 23-31 - Application for Original License To be made after specific use permit granted. Section 23-32 - Application for License Renewal Yearly on or before October 1, Section 23-33 - License Fee As per ordinance. Section 23-34 - License Not Transferable As per ordinance. Section 23-35 - violations As per ordinance after any inspection. I Jul 5, M3 North Texas Business Park Concept Plan Page 2 Section 23-40 Inspection Violaticn & Related Section 23-41 Section 2-42 Section 23-43 Section 't3-50 Section 23-51 Section 23-52 By City Building Official as per ordinance. Section 23-60 - Plot Plain Acceptable as submittad. Section 23-61 - Requirements (a) Requires specific use permit zoning. (b) Basic minimum requirements; (1) Area acceptable. (2) Standard area acceptable. (3) Screening. There shall be ,444 5' height on all sides except where natural barriers exist to form all or part of such screen or where roadways exist to create a traffic hazard. None are indicated on plat, creek to the north and west could be considered a natural barrier. To the south is the Power Piant which does not practically need screen- ing protection (although the mobile home might?), To the east is undeveloped (city owned) land which at a minimum would have to be scr.ened according to ordi- nance requirements (4) Open Space Requirements Acceptable (5) Height Regulation To be determined at issuance of certificate of occupancy, (6) Ground Cover To be determined at issuance of certificate of occupancy. (7) Drainage To be reviewed at final. engineering plan review. (8) Design and Location of Storage Facilities on Lot None shown. Ordinance is unclear as to requirement, therefore, assume such is not required. (9) Stands Support Determined at building permit review. (10) Parking Required Acceptable. DRO Minutes July 6, 1983 North Texas business Park Conceppt Plan Page 3 section 23.62 (a) Internal Streets (1) Acceptable. (2) Constructed to city standards to be reviewed with final plat. (b) Off street parking to be hard surface Acceptable. (c) Minimum parking area for vehicle storage Require 1,50 sqquare teet per lot of vehicle storage space that is in addition to the required off street parking. (d) Maintenance of streets Determined by inspection. (e) Need to name and number streets. (f) Intersection of streets adjoining public streets Acceptable to public streets. Recommend 900 intersection on interior streets. (g) Posting of Sign Required before certificate of occupancy. Section 23-63 Lighting needs to be shown, 4lust be approved prior to issuance of certificate of occupancy. Section 23-65 - Recreation Area (a) Need to show recreation facilities (label Private (i.e. playground equipment, swimming pool?)). (b) Parking for recreation building needs to be provided. Recommend at least eight (8) spaces. Spaces must be in addition to the 3.78 acres (8%) recreation area required. (c) Location Acceptable. Section 23-66 - Water Supply If public mains, taps will be required for each lot. Section 23-67 Section 23-68 - Electrical No master meters. Section 23-69 To be assured at time of building permit issue. Section 23-70 To be required before certificate of occupancy is issued. Section 23.71 To be assured by code enforcement. DRC Minutes July 5, 19$3 North Texas Business Park Concept Plan Page 4 Section '43-72 To be required before certificate of Occupancy is issued, Section 23-73 - Fire Safety Standards (a) Required before certificate of occupancy issued and by code enforcement inspection, (b) Re uired before certificate of occupancy issued and by code enforcement inspection, (c) Required before certificate of occupancy issued and by code enforcement inspection. (d) Acceptable. (e) Required before certificate of occupancy issued and by code enforcement inspection. (f) Required before certificate of occupancy issued and by code enforcement inspection. Section 23-74 - Miscellaneous Requirements Required by code enforcement inspections, Lot I A, ~lwori~ ♦vi.vLUN .Jw,wr♦ s~iii. .LGLJ. j~ 1 3, Phase I. r. Pha;: f' 1 ~ 1 ~ / Swenae• a Sr.nsrrs Proposal 98 ..ft4 n Lm -449A adcliLioital. 7 IMS ju ,~T ~ / lobs on 8 9 acres I c NQ ,"'A k'` a'L- , 3 rtihi ' aLa.s+~x "-"'bra. - ff rrr r r =r O / f j /U 6 -..rOrr I I. - I "r la..-MLAC. M141MINAk- PLOY Pt AM .'•r~ / COr 0(NIDU , TFYAS ~'.t ~T/WD I1,1 S' G'NP' CCX!/L /,U!'y o/AMEr6'2 s6k/E!2 2..;~. 2 EACH SI'~,VD h'.ff . ~1N 6Z6C77C/C,1G M~"1bYZ . 3 . FACll sr11 NO NAY Z1, ~ K/i(7~7L SE/Z!//C~ /~/lOL ,d/PE ¢ 4Z 4' 0r11-/TY LiNEJ 44e 4,Mt- ~G~DU.vO, S ~A7J fN/4" $B 6v A'-~Ao-f'v 4--OW995( (yX/SrlV6 ~Nr/OiV, ,9LL Cu! 4,V~) ',IJILc r3E ~,~7`4~NE~ FRom L,gr 3 INirN -fRc!6 7- E? rir- ei ,v L o r S 'ro 3ule-7- LOV Ro: 4ce<f-s #a S#44,*. orN THE' C~ ANV 7/f6 Ce ~I--'0v Z) w(ii M1960WAy ~,YL> -54-,4;3 C.o.vsriZUe T ia.v, 7. 7-H~ 0- /a r~-. gri6,V 3412-Z) NG r-o ;F sd7-H9 IBS 5.v0 ct'N !S .9 C2<-s L) /z ,ov t:-: /G J- TO 7-,41- f},e C 4 w SrowAr, ~ xia v~r~b 3',0n/e, 1.1, Lr 1-F AZ&;,VrO VA G,r ¢c~wn~,v~ar m JUN 2 4 1983 PROPERTY OWNER REPLY FORMS CITY COUNCIL S-1.70 IN FAVOR IN OPPOSITION UNDECIDED David H, Pry, Jr. 923 Woodrow Lane Denton, Texas 76205 Lewis Fry 2002 Edgemont Abilene, Texas 79602 915/692-.2834 I ! !1/!I f ~~i'llf fL 1'l, :1111: 3C r, 11 ~It,~'1 l•. Vu rup! CP,f t' i f ~~~~f~~-'_IV 111 /~3 n•!:•fi 2i 1 I •~..~,~ii,V ti,, i~~!'~C Gf~~ff'ii. ~f• .J:. ~~~a C,r{/~frr._ !!r{, 1-•C fp~t4 ll ri I P & Z Minutes July 13, 1983 Page 13 (Unapproved) F. S-170. This is the petition of North Texas Business ar -by Tom Fouts requesting a specific use permit for a mobile home park on a 47.06 acre tract of land in the E. Morris Survey, Abstract 8680 and the Mary L. Austin Survey, Abstract 4, Denton County, Texas, and being generally described as located north of Spdncer Road and west of Woodrow Lane. The property is presently zoned PD-17 (proposed zoning, light industrial, LI), Mr. Fanning explained request stating this is a pro- pposed 47 acre mobile home park located on the rear of Mr4 Fout s property south of Pecan Creek and north of the city power plant. He said that seven notices were mailed to property owners; three reply forms were re- ceived in favor, no reply forms were received in opposi- tion. Tom Fouts, petitioner, stated this is part of the 106 acre North Texas Business Park. Request is to use the east 47 acres for a mobile home park, no lots will be sold, it will be rental only He is ppropposing use of a mobile home park for a period of 5-10-20 years until such time as property is needed for the business parr;. They will put in streets and curb and gutter to city standards, utilities will be underground. He said the flood area with pecan trees will not be developed. No one spoke in opposition to request. Mr. Fanning continued staff report stating that mobile home park was evaluated using Development Guide stan- dards for, apartments as a mobile home park has similar characteristics as an apartment project. He said pro- posal meets all provisions, there are no particular problems; that Development Guide encourages diversified land uses. He said proposed residential is really not dense enou h. He continued that staff recommends ap- proval subject to conditions and referred to provision in current ordinance which requires a five foot screen- ing fence on all sides of a mobile home park unless the area is screened by natural barriers. He pointed out that city power plant exists to south but stated that there is no provision for variance in the ordinance. Chairman commented that he felt screening should be re- quired, that residents of mobile home park might want to be screened from power plant. He asked about traffic impact of mobile home park as oppposed to light industrial development on Woodrow Lane and Mr. Fanning answered that true industrial development would be more intense. P & Z Minutes July 13, 1983 Page 14 On question, Mr. Fouts said that density of mobile home park would be approximately five units per acre. He re- peated that the is not going to sell off any lots and said they will have to maintain streets and city will make yearly inspections. He said that facilities will be installed for development that is proposed 10 to 15 years in the future. Chair declared public hearing closed. Mr. Pearson moved to recommend approval of S-170 subject to the following conditions: 1) The ordinance requires a five (5) foot height screening on all sides unless screened by natural barriers. The north and west border is a creek. Therefore, screening would be required on the south and east as a minimum. 2) Need to name and number streets. 3) Need to provide vehicle storage area of 150 square feet per lot, which equals 37,650 square feet. 4) Location of 40 x 50 foot office on 1.22 acre tract needs to be shown on plot plan. 5) Fifty (50) byy eigghty(80) foot recreation building needs to be labeledon plot plan. 6) Parkins for recreation building needs to be shown on plot plan. Recommend a minimum of eight (8) spaces. The parking area must be in addition to the required 3.78 acre recreational area. Current recreation area shown is approximately 3.65 acres. 7) Plot plan needs to show Phase 11 lot layout and street design. Final permit subject to review of Phase II as officially presented on the Specific ~'se Permit Plot Plan. 8) Specific use permit, final plat, building permits and development permits subject to compliance with the mobile home ordinance and all other ordinances of the city. 9) The zoning shall revert to light industrial (LI) if the mobile home park use is not developed within four (4) years. Seconded by Mr. Sidor. Vote was called; Aye - Claiborne, Juren, Pearson, Sidor Nay - Cole, Escue, LaForte Motion carried. (4-3) PLAIINING AND ZONING CORMISSION RECOHMENDA"LION TO THE CITY COUNCIL 'ioi City Council Ease No, H-27 Meeting Date; August 2, 1983 GENERAL INi"ORMA'rION Appllcants; Ann Caldwell and Sandra 'T'aylor Ferguson 703 Bolivar Street Denton, Texas 76201 Status of Applicants; Occupant and Owner Requested Action; Historic Landmark (H) Zoning Designation Location; 703 Bolivar Street Existing Zoning; Two Family (2r) Classification Existing Land Use; Single Family Residential Denton Development Guide; Area is designated as Low Intensity, SPECIAL INFORMATION Article 28A, Section 28 A-1, of the City of Denton Zoning Ordi- nance defines an historic landmark as any building, structure, site, district, area of land of architectural, historical, archaeological or cultural importance or value, which the City Council determines shall be protected, enhanced and preserved in the interest of the culture, prosperity, education and general welfare of the people, Section 28 A-2 of the above referenced ordinance declares as policy the following purposes of the historic preservation ordinance: related efforts; H-27 Page 2 SPECIAL INFORMATION (Continued) 1) To protect, enhance and perpetuate historic landmarks which represent or retlect distinctive and important elements of the city's and state's architectural, archaeological, cul- tural, social, economic, ethnic and olit•lcaf history and to develop appropriate settings for sue places, 2) To safeguard the city's historic and cultural heritage, as embodied and reflected in such historic landmarks by appro- priate regulations, 3) To stabilize and improve property values in such locations. 4) To foster civic pride in the beauty and accomplishments of the past. 6) To protect and enhance the city's attractions to tourists and visitors and provide incidental support and stimulus to business and industry, 5) To strengthen the economy of the city, 7) To promote the use of historic landmarks for the culture, prosperity, education and general welfare of the people of the city and visitors of the city, ANALYSIS This petition represents the first request for historic landmark (H) zoning designation in the Bolivar Street area of the city. The older and distinct residential character of this section of the city is quite strong and worthy of every available protec- tion, Historic preservation could bring added attention to existing Development Guide policies urging protection and pres- ervation of existing housing stock in older neighborhoods, The Planning and Zoning Commission discussed this petition at length at its meeting of July 13, 1983, Two commissioners ex- pressed concern about historic zoning limiting future redevelop- ment opportunities; however, the majority of the Commission agreed with the general goals of historic preservation and felt that this property is reflective of a particular lifestyle and architecture that merits recognition, H-27 Page 3 RECUDf ENDAT10N The Historic Landmark Commission felt that this structure is representative of many unassuming, yet distinctive remnants of the community that merits protection and recognition. They further enunciated a philosopby that true historic reservation should not limit itself to structures that are elabporate and pretentious, The Historic Landmark Commission recommended approval of H-27 by a vote of 6-0 at its meeting of June 16, 1483, and felt that the residence meets the following criteria for (H) zoning designa- tion: 1) Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. 2) Embodiment of distinguishing characteristics of an archi- tectural type or specimen, 3) Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic or cultural motif, 4) Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style, 5) Exemplification of tho cultural, economic, social, ethnic or historical heritage of the City, State or United States, 6) Identification with a person or persons who significantly contcibuted to the culture and development of the City, State or United States, 7) A building or structure that because of its location has become of value to a neighborhood, community area, or the city, 8) Value as an aspect of community sentiment or public pride, The Planning and toning Commission recommends approval of H-27 by a vote of 7-0, li H-27 Page 4 ALTERNATIVES 1, Approve petition, 2, Deny petition, AT'I'ACHMt M'S 1. Aerial 2, Petition 3, Historical Summary 4, Reply forms total 5, Property uwner list 6, Minutes of Historic Landmark Commission meeting of June 16, 1983 7, Piinutes of Planning and Zoning commission meeting of July 13, 1983 r. fRR N s a~\ 1 w ~ Y 1 , f IiY~". lam. 41 1 YJ1dw:~tll •,`I Er. +f.1M' w 1 i {1I1 rt ji ~ ~8l ~I 4, la Y I r. ~ rt 1 r ,1.f `S wl+lr~ + rinr,. it yr V, Ni tile 2 kiISTORIC L.ANAWXX,, - ; City of Denko SITE ADDMSS: ?o3 Bolivar Street CITY TAT & BLOCK 0L°GAL DL,SCRiPTION t • Abstract 31 of Robert .Beaumon + r\ Y!. survey ♦.i PREStNT USE. residence BONTIIG:~' r Y COiiSTRUCTIOA DESCr.TF, 0 h rrxx c~.. °rG,-l si ".gle family- ~elTin asg V oM519.'Ic.! t E\TSf.1 Very goo ciit! rEl:•x;;7 : Very good (GOOD , • N"A7 ~:nUJ :ir~ TELEP MNE MPSEINT 01INxRS al l)11E5 Pulorm Sandra Ferguson Taylor `70.9 Bolivar Street a. Z7-8003 DATE BULOT:c. 1905 DATES k7l) MrENT Or A.LTERATIONS/.UDT.TIONS:None of importance p t y 1 - ORIGINAL OUNER: AfiCBT0..LCTL'" +L S'r ' OR YE:;TOU IdYTJ: DESCRIPTION OT Alit L` Q~OVe'~TI~TE DESIGN, r~y1Y ~C}~ DET: TLS, 1i TERL',L S OR CWT. ;011-2: (Please see attached description 1 s included as part of`r'istorz ocumenta ion, NATTO`'AL R::GTSTER? NATION1~ Lr'u3Dl~rLriF:? RECORDED TEXAS 1~1tfiDl~J~Tt:? LOCAL SU^ti -~Ys OR RECOGNITION? ADD 1"DDTTTONAL I1,FONMTIO11 TO SUPPORT CI.M-l IN CM-CIMD UiTECORY. CY VV1`Y1J PETITION F04 HISTORIC LANMIARK DESIGNATION TO THE HISTORICAL LANDMARK COWSSION, PLANNINU & ZONING COMMISSION, AND CITY COUNCIL OF DENTON, TEXAS: I/Ne, the undersigned, owner(s) of, or party(s) with financial interest in, all property herein described, do hereby file this, my/our petition, asking that the said property be designated as a historic landmark under the provisions of Ordinance x/80-30 of the Code of Ordinances of the City of Denton, Texas, The said property is located at anal is more particularly described as follows: r/We herewith tender the filing fee Of 0ne=-Sundr4;d~and. ift-y Dollars, T authorize the City of Denton to place a sign or sign(s) on the above property for public .notification of the proposed historic designation. ADDRESS CITY I J-! STATE- -r~- PRONE S 7 c; ; ` ( C Submitted this day of 19 C I 1 Criteria to be used 'in Historical Landmark Designation The petitioner will be responsible for furnishing data to the Planning and Community Development Department for submittal to the Landmark Commission substantiating that the property meets at least one or more of, the following 1.7criterion for Kistoric:.Lpndmark designation; rye 1. Character, interest or value as part of the development, heritage +J~ or cultural characteristics of the City of Denton, State of Texas, or the United States, Recognition as a recorded Texas historic landmark, a national landmark, or entered into the National Register of Historic Places. 3. Embodiment of distinguishing characteristics of an architectural type or specimen. 4. Identification as the work of an architect or master builder whose indivdual work has influenced the development of the city, 5. Embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation. Relationship to other, distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic or cultural moti-il, Portrayal of the environment of a group of people in an area of history characterized by a distinctive architecturtsl-sgl-d.. 8. Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest. [r 9. Exemplification of the cultural, economic, social, ethnic or. historical heritage of the City, State or United States. 10. Location as the site of a significant historic event. 11. Identification with a person or persons who significantly contributed to the culture and development of the City, State or Onited States. 12. A building or structure that because of its location has become of value to a neighborhood, community area, or the city, Lrl 13. Value as an aspect of community sentiment or public pride, Bolivar Street, Denton, Texas, has a history which is as old as the city itself, When Denton was founded in 18571 Bolivar Street was so named because it was a wagon trail that led to the town of Bolivar, In the late 1870's, several private schools were located on Bolivar Street, hater, in the 1880's and 1890's, many churches were built on south Bolivar Street, among them the Central Presbyterian, the Church of Christ, the Roman Catholic, and the German Baptist. Several churches still remain on Bolivar Street. The unassuming re„idence at 703 Bolivar was built in Prairie Box style, a popular style of the late 1800's and early 1900's in Texas, This simple frame cottage, with its nearly square shape, wide front porch, tall rectangular windows, and hipped roof, is a testimony to the solid construction and pleasing design of many modest homes of its time. According to Ruby Matlock Presnell, who moved to the house when her father bought it in 1915, the house was built between 1905 and 1909 but records of the original owner or builder have been unobtainable. The interior of the house substantiates Mrs. Presnell's claim that the house dates back at least to 1905. One wonders if the house were built even earlier, perhaps in the late 1800's, because of the shiplap exterior walls, solid wood interior walls, hardwood and pine floors remnants of ornate wallpaper in one of the bedrooms, eleven foot wooden ceilings, and wavy blown glass window panes in some of the windows, page two Also, the sale price of $1350,00 for the property in 1899 indicates that a structure occupied the lot, since the imposing two-story briok Scripture Building sold for $10,000 only five years later, The early owners of the Bolivar Street property were among the most prominent and influential men in Denton. W,H, Mounts originally purchased the land, which w9 s in the Robert Beaumont one-third i league survey, abstract 31. Mounts was one of the first business- men to leave New Alton and move to Denton when it was determined that Denton was to be the new County seat, in 1856.2 Since Bolivar Street was one of the earliest streets to be designated in 1856, Mounts possibly bought the land at the public auction of lots on January 10, 1857, No records exist about the purchase, however, because thi Denton County Courthouse burned in 18750 and most records previous to that year were lost. On January 2, 1871, Mounts sold the property to W,F, Egan, who like Mounts, was also an important Denton businessman, and a charter member of the First Christian Church, He was once the employer and friend of the legendary outlaw, Sam Bass,3 While Egan was th(j owner of the Bolivar Street property, his actual homeplace was on the waore elegant "Sand" Street (South Elm Street),4 In 1879, Egan sold the land on Bolivar to Dr. J.,P, Blount.s Dr. Blount was a member of the illustrious Blount family who also lived on Sand Street,6 He was a member of the original com- mittee to draft suitable resolutions for the proposed North Texas Normal College in 18997 and in 1902, he was appointed to a commit- tee to formulate plans for the proposed C,I.A, College.8 Dr. Blount page three, also served as a committee member for the proposed "East Line Railroad" in June, 1892 9 He became the first president of Denton County National Bank in 1892, 10 Also in 1892, Dr., Blount sold the Bolivar Street property for $800 to respected store owner C,M, Greenlee, 11 C,M, Greenlee owned the C,M, Greenlee Dry Goods Store, which was housed in "one of the very first brick buildings in Denton,"12 Greenlee also built the Greenlee Addition in Denton, Because C,M, Greenlee was in the house contruction business, one could speculate that it was Greenlee who built the house on Bolivar Street sometime between 1892 and 1899 when he owned the property, Additional proof would be the mechanic's lien, obtained by Greenlee in 1895 for a house that is similar in its description to the house at 703 Bolivar, 13 Interestingly, the first four owners of the Bolivar Street property were the namesakes for four streets in Denton,,,Mounts Street, Blount Street, Greenlee Street, and Egan Street, which intersects Bolivar on the south border of the lot on which the house sits. In 1899, R,R, Turner bought the property from B,R. Greenlee, a relative of former owner C,M, Greenlee, 14 Turner and his wife, Ida, owned the property for over twelve years and sold it to E,M, Whitehead in 1911.15 Whitehead owned the property for almost exactly four years, from 1911 to 1915, and must have made signi- ficant improvements upon it because its price increased $1600 page four. from his purchase price of $1250 to the $2850 agreed to by the next buyer, C,H, Thorton, on August 9, 1915,16 At this point in the history of the property, we must read between the lines and assume that Thorton suffered a misfortune or at least experienced some consequence which required him to relinquish the property to H,A, Matlock on September 25, 1915, scarcely six weeks after he bought it from E,M, Whitehead, 17 Moreover, Thorton lost $1,000 on the transaction (Thorton paid Whitehead $2850 for the property, Matlook, $1850), no small amount in the period just before the United States entered World War I. The Matlock family lived in the house at 703 Bolivar from 1915 until the death of Mr. Matlock in 1943. Ruby Matlock Presnell grew up in the house and said that it "was a well-built house 1A that we were proud of," Darthula Matlook, H.A, Matlock's widow, sold the property to Clarence E, Miller in 1?43,1q C,E, Miller, a Denton banker, used the house as rental property. He also sold a small portion of the lot behind the house to R,A. Boyd, on October 9, 1946,10 Walter S. Miller, C,E, Miller's son, sold the property to 21 D.C, Thurman in 1957, to settle the estate of his father, Thurman owned the house for almost ten years and his widow, Birdie Thurman, sold it to Vernice Doyle Taliaferro on the 27th of July, 1967, 2x Taliaferro sold the property to David Walton Jay, a land page five, developer and builder, on May 29, 1974423 Jay used the investment as rental property for three years until artist and teacher Sandra Ferguson Taylor bought it on August 18, 1977,24 In the six years of her ownership, Ms, Taylor has made many changes to enhance the value and attractiveness of the property, including new roofing, fresh paint, improved plumbing and wiring, and landscaping. She currently rents part of the single family dwelling to another Denton school teacher, Ann Caldwell, With its simple design and sturdy, economical construotion, the house at 703 Bolivar is both a charming reminder of Denton's past and a functional, comfortable dwelling for the present and future, Its survival in a fast changing century reflects the skill of an unknown builder and the prudence of a succession of owners. NOTES 1Interview (telephone) w:lth Ruby Matlock Presnell, June 18, 1982. 2 C.A, Bridges, History of Denton, Texas (Waco, 1978), p, 754 Bridges, p, 143. Bridges,, p. 178. 5 6Denton County Deed Records, Vol, M, p, 507. Bridges, p, 178, 7 8Bridges► p, 222. 9Bridges, p. 262. 1oridges, p, 240, 1Bridges, p, 239, Denton County Deed Records, Vol 491 p. 560. 12 iBridges, p. 175. 14Dentorn County Lien Records, Vol. I, p. 110. 1Denton County Deed Records, Vol, 73, p. 252, Denton County Deed Records, Vol. 119, p. 510, 16 Denton County Deed Records, Vol, 141, p. 5464 17 Denton County Deed Records, Vol. 142, p. 458, 18 Interview (telephone) with Ruby Matlock Presnell, June 18, 1982, 19 Denton County Deed Records, Vol. 301, p. 226, 20 2Tenton Co+inty Deed Records, Vol. 330P P. 371. 2Renton County Deed Records, Vol, 431, p. 258. Denton County Deed Records, Vol. 5541 p. 56. 23 2~enton County Deed Records, Vol, 708, p, 750, Denton County Deed Records, Vol. 8491 p. 714. PROPERTY OWNER REPLY FORMS CITY COUNCIL H-27 IN FAVOR IN OPPOSITION UNDECIDED Mr. & Mrs, Dan FoWler 616 Bolivar Denton, Texas 76201 1. T. Martin 314 Egan Denton, Texas 76201 382-2376 11'reaver Owen 710 Bolivar St, Denton, Texas 76201 3820167 ~ f ~ n •I ~1 -i r~ Si '7 t q i 1, 4d T' r ? h I 1r 'fir'--- % ( 1:' J 47 I .1 r• ill Y ~ II ~J.._...~•i.~.~_.~..~-~-_-_-.~~1 _ ~ ~ 111'1 1.. f~ I ~I , I 1 - 1 HLC Minutes June 16, 1983 Page 2 4-27. This is the petition of Sandy For guson Taylor and r`nn Caldwell requesting historic landmark (H) zoning desig- nation at 703 Bolivar Street. (UNAPPROVED)Chairman opened public hearing and explained procedure. Sandra Taylor and Ann Caldwell, petitioners, were present. Mss Caldwell said that historical summary was Included with petition, they are requesting historic designation for the!.r house and they would be happy to answer any questions. Ms. Taylor said that they are interested in improvement of neighborhood, they feel that civic pride in the area would be inoreased if this house is designated historic. She said she feels other people in area might start thinking in terms of having their property zoned if this is approved. Chair declared public hearing closed, Mr. Ellison stated that staff is glad to see historic inter- est in this particular area as there have been a lot of in- quiries about higher intensity uses on Bolivar, that staff has been trying to protect Bolivar from further encroachment of office area. Mr. Miller commented that he had two reser- vations in visual aspect of house. 1) that imitation shutters have been added which are a real detriment to looks of house, a house at that time wouldn't have had shutters; and 2) that the screen frames have been painted lighter than trim; in the latter part of 1800s and early 1900;,:, screen frames were painted black or were at least darker thsn window trim. He suggested that it would be much more in keeping with period if screen frames were painted darker than window trim. Ms. Caldwell responded that both items could be taken care of, that it was good t"o have his professional opinion. Commission discussed other houses in the area and it was feeling that some are over SO years of age which would make them eligible for designation. Chairman commented he felt that a landmark commission which only zones mansions is missing something, that Commission should try for a mixture of architecture. Mr. Miller agreed, stating that cost and age should not be the only factors, that a particularly well done example of its period should also be considered. HLC Minut s June 16, 983 Page 3 Mr. Miller moved to recommend approval of H-27 with the stipulation that be'ore consideration by the City Council the shutters be removed and screen frames be repainted, as structure meets the following criteria. 1) Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. 2) Embodiment of distinguishing characteristics of an architectural type or specimen. 3) Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic or cultural motif. 4) Portrayal of the environment of a group of people' in an area of history characterized by a distinctive architec- tural style. 5) Exemplification of the cultural economic, social, ethnic or historical heritage of the City, State or United States. 6) Identification with a person or persons who signifi- cantly contributed to the culture and development of the City, State or United States. 7) A building or structure that because of its location has become of value to a neighborhood, community area, or the city, 8) Value as an aspect of community sentiment or public pride. Seconded by Mr. Wheeler. On individual poll, Commissioners Marino, Hardin, Wheeler, Miller, Matthews and Lowry voted aye. Motion carried unanimously. (6-0) P & z Minutes July 13, 1983 Page 2 A. H-274 This is the petition of Sandra T% lo~~ and nn Caldwell requesting historic landmark (H) zoning (UNAPPROVED) designation at 703 Bolivar Street, Mr, Edison explained request stating that 26 notices were mailed to property owners; four reply forms were received in favor, no reply forms were received in. opposition. He further explained that 'H" is an overlay designation that property will retain its basic zoning classification of 2F, Sandra Taylor, petitioner, said they feel area is rapidly becoming business there are a lot of homes in the area that are worthwhile to save and they feel that if this house receives historic designation others in the area will be interested in possibly requestingg historic zoning for their property, She continued that it is a simple house that is indicative of homes that many people lived in, that it is typical of architectural style and pre- serves that period. Questions were raised about restrictions if house is zoned "H" and it was explained that facade of structure could not be changed, It was further explained that a structure is whet is actually designated, that if anyone wants to demolish an "H" zoned structure the Historic Landmark Commission would be involved before a demoli- tion permit was issued, Ann Caldwell, co-petitioner, reviewed history of the property stating that house was built between 1905 and 1909, that early owners of house were prominent men in Denton and included W. H, Mounts, W. F, Egan, Dr, J, P. Blount, and G. M. Greenlee. No one spoke in opposition to request. Mr. Ellison continued staff report stating this repre- sents the first request for historic zoning in the Bolivar Street area, that staff and Historic Landmark Commission feel there are residential structures worthy of protection in the Bolivar, Panhandle, Amarillo area. He said that Historic Landmark Commission feels this particular residenc? is worthy of designation as it is representative of an era of lifestyle in the city that was substantial and they feel that historic zoning should not be limited to very fine residential struc- tures, He said that of 13 criteria to be rated, this particular residence meets eight and Historic Landmark Commission unanimously recommends that it be approved. P A Z Minutes July 13, 1983 Page 3 On question relating to possible ex,pa-141on of business district, Mr, Ellison said a zoning change could be requested even though the property has "H" designation, He said, however, he feels "H' zonin should be given on basis of being of historic benefi to the city, not to protect from business encroachment, Ms, Taylor said it was not her intention to stop any growth in the area; she is interested in saving this and other homes of historic merit in the area, Chair declared public hearing closed, Mr. Claiborne movea to recommend approval of H-27, Mr,. Juren seconded the motion and stated that he felt Historic Landmark Commission showed excellent judgment in preserving this period and in approving houses of this type. vote was called and motion carried unani- mously, (7-0) AN ORDINANCE DESIONA'rINC 703 aOLIVAR STR9ET IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AS A HIMRIC LANDMARK UNDER ORDINANCE NO, $0.30 ((ARTICLE 28A OF THE COMPREHEN`S M ZONING ORDINANCE)1 AND PROVIDING FOR AN EFFRC'I'IVE DATE, WHEREAS, the Historic Landman Commission and the Planning and Zoning Commission of the City of Denton have recommended that the property herein described be designated as a historic landmark in the City of Denton; NOIi, THEREFORE, THE COUNCIL OF IHE CITY OF HNTON, TEXAS, HEREBY ORDAINS; SECTION I, The below described property shall be classified as historical zoning; All that cartain lot, tract or parcel of land situated in tho City and County of Denton, State of Texas, a part of Robart Beaumont Survey, Abstract ,,No, S1, being part of a tract conveyed by Darthula Matlock, et al, to C, E. Miller on July 3, 1"431 shown of record in Volume 301, Page 227, Deed Records, Denton County, Texas, more particularly described as follows; BEGINNING at the Southeast corner of said tract conveyed to C. E, +liller; THENCE North 6S feet to its northeast corner; THENCE ltiest 145 feet, more or less, to the northeast corner of a certain lot conveyed by C. E, Miller and wife to R. A. Boyd by deed dated October 9, 1946, and shown of record in Volume 330, Page 374, of the Deed Records of Denton County, Texas; THENCE South along east line of said Boyd lot 65 feet, its southeast corner in the south Itic of said lot conveyed to C. E. Miller; THENCE East along the south line of said C. E, Miller lot, 145 feet, more or less, to the place of beginning. is hereby dasisnatoo as a historic landmark unuer Ordinance 311.30, Article 28A of the Comprehensive "Zoning Ordinance of the City o: Denton, Texas. SECTION 1 I . The historic la n mark desigin a',io❑ sha II be indicated up oc tna zoning map of the City of Denton by the letter "i]", and t'-,e roperty herein described shall be, subioct to all of the terms, Provisions and requirerents of Ordinance , 30.30, .,rticle of the i.C"lp 1'eP:dn511'e G1l1 n,; UraiiIanC0 0t the t:I C)' Ot the {lIC lexas. SL TTOU 111, This ordinance shall become effectsve from and after its date Of Passage, PASSED AND APPROVED this the day of , 1983, • ~ . T ; ~5'ult CITY OF DENT0,1', UXAS ATIEST: CHARLOTTE ALLF.;\', CITY sF T.i CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR„ CITY ATTORNEY CITY Or DENTON, TEXAS `3Y: No. AN ORDINANCE kSIEN'DING THE ZONING FLAP OF THE CITY OF DENTU,\, TE\AS, AS SAME h'AS ADOPTED AS AN APPENDIX TO THE CODE OF ORDIN,+NCES OF THE CITY" OF DENTON, TEXAS, BY ORDINANCE NO, 69, AND AS SAID AAP APPLIES TO APPROXI40TRY 13,984 ACR5S OF I,AN'D OUT OF THE 0. S. BREWSTER SURVEY, ABSTRAC'r NO. 56, DE;NTON COUNTY, TEXAS; AND N10RE PARTICULARLY DESCRIBED HEREIN; AND DECLAItI\'G kN EFFECTIVE DATE, THE COUNCIL OF THE CIT'i OF DEN'TON, 'TEXAS, HEREBY ORDAINS SEC IIUN I. The Zoning Classification and Use designation of the follow• ing described property, to•witi All that certain 14,440 acre tract or parcel of land situated in the O. S. Brewster Survey, Abstract No. 5e, Denton County, Texas; said tract being par: of a tract shown by Deed to k, J. Abbey and recorded in Volume 236, page 421 of the Dead Records of Denton County, 1'exas and being more part.cularly described as follows; BEGINNING, for the Northwest corner of the tract being described herein, it an iron pin said corner being the occupied Northwest corner of said Abbey Tract said pint lying easterly "Z7,6 feet from the northwest corner o,f said Borel;ster Survey; THENCE North 86°59'13" East with the i~rthIine of said Abney tract 449,87 feet to an iron pin set in ground; for to Northwest corner of a tract shown by Deed to Eagle • Piche, Ina, Inc, and recorded in Volume 65U page 445 of the Dee Records of Denton County, Texas, THENCE South 1017124" East 2690,29 feet to in iron pin found in the ground; for tile Southwest corner of said Eagle • Piche. tract; THENCE North 66042'36" East 14tiS,o_' feet to an Iron pin found in the ground; to: the Southeast corner of said Eagle Picher tract, and the Northeast corner on the hest line of Interstate Highway 35; THENCE South 14°32'13" hest with tile 'nest line of said Inter - state Highway 55, :.30,80 fact to an iron pin set in the ground: for tha Southeast corner of this and the \ortheast corner of a tract shown by Deed to Citizen Bank and recorded in Volume 10 page 56" of the Ueea Records of Denton County, Texas; i'HEN~S South a 06'55" Iie.st 1:34,43 feet to an iron pin found i.. the ground; fC the .Northwest Car11aC of said Citizen Sank tra,.;ti THE..\CE South 68°4Z1:1" i,est 622,09 feet rd an iron pin found t Ile 50utnVsest '~'uri7er of this, and the cupi e6 5 o u t 1we5t cor.".e; of said Abbey tract; THENCE .Nh 1°09'00" Best 574,50 feet to the Point of beg in 111 r.y. IS hdfCOchanged from Agl'icuItU1.31 "A IJ15trICt CIJ5Sifi-_ 11 tI1~ Sa tO Liy:1: 11 i'.❑strIa1 "L1" 0 iStJ'1~`, IasifiCi1t10n and lmuer file i..mi rehensi'i": 2clliag urdSrnli'i.:e ✓f the Cit, OI Dent .•15:9, NUL.;N BitV';,,\c-F.1iE ti.\h Tne Zoning Map of the City of Denton, 'Texas, adopted the llth day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Toxas, under Ordinance No, 69 be, and the same is hereby amended to show such change in District Classification and Use, r SECT I0,\' 11, inat the City Council of the Citi' of Denton, Texas, hereby fin.;s 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, arnong ocher 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 naxi,nuac be no iit to the City of L,enton, Texas, and its cIti.ens, SECTION IIl Tnat this ordinance shall be in full force and effect immediately at ter its passage and approval, the requires'. puDlic hearings having here totore been held by the Planning and Zoning t:ommiss1on and thb City Council of tree City of Denton, Texas, niter giving due notice thereof. PASSED AND APPROVED this the day of July, 1983. RTAAR D 'S- s MAR ,j IA U~ CITY OF. DES'rCN, TEXAS AT•T E ST CHARLU'1'TE .aLLE\, CITY 5ECR.'rAR'i CITY JF D6NIT 0N, TEXAS ikPPRUI'ED AS 7'J LF..GAL FORM: C. J, TAILOR, Jk., CITY ATTORNEY CITY OF DENTON, TEXAS dl. August 2, 1983 CITY COUNCIL AGENDA ITEM SUBJECT; Consider Ordinance for Abandonment Of Easement For Clusters Apartments, 2269 West Oak, SUMMARY; The attached plat shows that the buildings were constructed on portions of the easements. The underground lines are physically located a minimum of 8' away from the nearest building. The owner has agreed to furnish new easements to include the existing facilities if we will quit claim the existing easement. FISCAL SUMMARY; Not applicable, ACTION REQUIRED; ' City Council approval or disapproval to quit claim the existing easement upon receipt of new easements, ALTERNATIVES; The owners are unable to obtain loans on the property with buildings on easements. RECOMMENDATION; The Staff recommends the quit claim of the easements in exchange for new easements. The Public Utilities Board will review this item at their meeting of July 28, 1983, and their recommendation will be forwarded to the City Council members on July 29, 1983. f Respectful, Y, J R. E. Nelson Director of Utilities ` EXHIBIT 1 Survey Plat II Ordinance 2318U/20 TO tll Q.tR1IFi IsIM$TFO 11, PREHISRS SURFhY 1) Thy It la 41I111 that I hove, Ihlt daU myle 1 t*tel Rl 111d aL.Veltt 111he1 .,r rht Qound of pfopfrty NW) II \o ..'7. ~+.e..... _ N IAtt G'ory J(e.. ....._Y.... G 4. __.__.S' Ie113 IfGCH~fd iwtiYa ' ~ ~.i--^--e••'-51_,'. { r '-Nlfef'helps. to baln♦t _ . _ _ If .;.:.._:C_____.. 11Mnert, M oddltty 16 Ism f4 6l .I nr y», ?flt Isla. Ia'ol.fln4 to Pit OW rtco(dtd in Volume 11 cut - I r< roe '•I . Test v ` s. it I e ? 1 I f-7~i~ -•~rr~. ; Tn1 II , 1 i i .I 'll 1e• ' l -141 1 r . r I A I ~I u~Jr ' ' i i f \ II i~ , u t • I j J l T'le ,.)I •ur',n , I Ihef ;one~l Ind ettvnee fIsVMVet-1{ton dl the prooeen It Jets I'••rd Illf+'e1 Ibr IIntl Ind S1 mer4loM I)( 1lW more Fl) ' bet mIII in dltaled by (h1 )111 4s' L • 41, 'ht Uef, h"ll'nn In,) Ilre of hUddlnO Ind Impttutmtnll Ire It Md*n, III mpe O+tmlGlt ' P•' c••1 ~r union Ire ^oandntl d( (tit peopenr W nlct froth rtomm 'Ines the Jista, -e ) Ilf,l jr f ^,lt tPt J,Ileo.e rm,, lht neertti imimecttn( alfll. of Iced .I is stio. r ~ 11 - lr, 11e Iii It 1R1 '.I) I'.I' N1,\t?(Mh it 0111LI('T5.+)R PRL)rRl. 311,1.$ 1 VI. FFi +t ,)i+ n ?t 1 ( - p e.) Pahl. San., ~~d.,+t ~ t. R \Li. \ +1! ,t \SSO( 1-k US . 1'.( ' D .1'O'v T1 \A`, II. ~•I~~t,; I rIWO, FF RS t S1 P%'I Y•)R5 NO, AN ORDINANCE PROVIDING FOR ME ABANDON,ME,N'i' OF A GENEKAL PURPOSE EASEMENT W11'81N THE C1'11 OF DENTON A!'D AUT80Ri2IN6 'na MAYOR TO EXECUTE A gUl'TCLAI?I DEED CONVEYING ALL RIGHT rIrLE AND INTEREST OF THE CITY IN SAID BASEMENT TO THE OWNER OP SAID TRACT SUBJECT TO SAID EASEMENT; SAID ABA,NDONMEN'r AND i1UITCLAIM BEING EXPRESSLY CONDITIONED UPON THE CONVEYANCE OF A REPLACEMENT EASEMENT MEREFOR; AND DECLARING AN EFFEcrlvii DATE. WHEREAS, the City Council of the City of Denton, acting pursuant to law, and upon the request and petition of the grantee heroin, dooms it advisable to abandon and convey the hereinafter uescribed tract of land to grantee and is of the opinion that said utility easement is not needed for public use, anu that same should be abandoned and quitclaimed to Cluster Apartments, L.F,D,; anti ii HEREAS, said ababdonmernt and conveyance is expressly conditioned upon the granting of d replacement, therefor; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by abandoning and conveying the same to Cluster Apartments, L.T.D., for the consideration herel,iafter more fnully set forth; now, therefore, BE I'r ORDAINED BY THE CI1'Y COUNCIL OF I'Hb CITY OF UIN'i'ON: SECTION i That the easement covering the following described tract of land in the City of Denton be and the same is hereby abandoned, vacated and closed insofar as the right, title and interest of the public are concerned, upon the conditions set forth herein: All that certain lot, tract or parcel of land lying and being situates in the City and County of Denton, State of 'texas, ano oeing part of tno E. Pucha IskI Survey, Abstract No. 986, anu being part of a tract of land as conveyed from Robert Woldon knight to Davia M. NiChois, et it by deed dated October 25, 1971 and recorded in Volume 633, Page 479 of the Deed Records of Denton County, Texas, and more particularly described as follows; BEGINNING at a point in the south boundary line of said tract, same being the north right of way line of 'nest Hickory Street, said point of 'oeginning being 5'3.0 feet west of the southeast coruov of said tract and also being 659.4 feet north 88051'50" east of the east right of way line of Avenue I (bonnie Brae); rHI;NCE north ,°3b'IU" nest, 53.0 feet west of and parallel 'e'ita the east boundary line of said tract, it distance ul• 142.0 feet to a point for a corner; THENCE south 37123120" west a distance of lo.O feet to a point for a corner; MENCL north 213ti'40" west, 74 U feat west of and parallel with tite east boundary line of said tract, a distance of lb.0 feet to a point for a corner; rHESCii north 370'5'2U" east a distance of 32.0 feet to n ooint for i .:orner; PAGE ON I; TII6N6h' south 203b'40" aast, 42.0 feet vast of and Parallel with the east boundary line of said tract, a distance of 158.41 feet to a point for a corner in the south boundary line of said tract, same heing the north right of way line of West Hickory Street; THENCE south 88°51'50" vast, along the south boundary 11na of said tract, same being the north right of way line of West Hickory Stroet a distance of 16.01 feet to titre place of beginning and containing 2,784 square feet of land, more or less. SECTION II, That the abandonment and conveyance of the above described easement is expressly conditioned upon the granting of a rapIac ament utility easement therefor; said easement being for the use of underground electrical utilities under, along, and across the following described property: All that certain tract or parcel of land lying and being situatod in the E. Pucha Iski Survey, Abstract 990, Denton County, Texas, and being part of a l 473 acre tract described in a dead from BNIJ Corporation to 01J propertles on June 23, 1981 recorded in Volume 1085, Page 202, Deed Records of Denton County, Texas and being more particularly described as follows: COMMI LACING at a steel pin on the north boundary line of hast Hickory 5troet at the Southeast corner of the 1,473 act,a tract; THENCE S 860SIISO" W, with the North boundary line of Hickory Street a distance of 39.0 feet to the Point of Beginning; THENCL' S. 88°51'50" W, with the North boundary line of 111Ckor,y Street a distance of 1b,0 feet to a cornor; THENCE N, 203b'40" E. a distanco of 160,0 feet to a corner; TfiENGh S. 87°23'20" h. a distance Ib.() feet to a corner; THENCE N, 2°36'110" E. a diStMICC of Io.0 feet to a corner; THENCE S. 87°23120" L. a distance of 32.0 feet to a corner; THENCE S. 2°36'40" '.i. a distance of 17b 0 foot to the Point of Beginning, Section 111, That the ,Mayor and City Secretary are have by authorised, upon conveyance of the above-described easement to the City of Denton by Cluster Apartments, L,T L „ to execute and deliver that certain quitclaim deed attached hereto and incorporate:i herein convoying said utility easenuont, interest and right described therein to Cluster Apartments, 1.,1',1). SECTION 1V, That portion of the public utility casemunt herein described being vacated, abandoned, and closed is made subject to aii existing zoning regulations and deed restrictions, it any, and subject to all existing easement ^ights of others, if any, w h a t h a r apparent or nut. PAGE TIiO SECTION Y. This ordiaanco shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. PASSED ASS APPROVED by the City Council of the City of Denton, Texas, this the day of 1983. CITY OF DIiNTON , TEXAS ATTEST ; CHAR I . OT k c , 5 CITY OF OLNTON, MNAS APPROVED AS TO LEGAL FORM; C. J. 'r4i-wR, JR., CITY ATTORNEY CITY OF DENTO.N, TEXAS PAGE THREE i August 2, 1983 CITY COUNCIL AGENDA ITEM SUBJECT; Consider Resolution for Abandonment Of Easement In The East McKinney Street Addition For Jack Bell. SUMMARY; The owner has agreed to pay relocation cost of the existing electric facilities from the portion of the easement he wishes to be quit claimed to a new easement he will furnish in order to enlarge the size of a commercial building. FISCAL SUMMARY; The owner has agreed to pay cost of relocation of electric distribution facilities and has furnished a new easement. ACTION REQUIRED; City Council approval or disapproval to quit claim the existing easement. ALTERNATIVES; Not applicable. RECOMMENDATION; The Staff recommends that the Public Utilities Board recommend that the City Council abandon the easement and execute a quit claim deed as per attached ordinance. The Public Utilities Board will review this item at their meeting of July 28, 1983, and their recommendation will be forwarded to the City Council members on July 29, 1983, Respectfully, R. E, Nelson Director of Utilities EXHIBIT I Letter From Jack bell II Easement III Ordinance 2318U/ 21 1 SCHOELL, FIELDS & ASSOCIATES, INC, IWA18 J SCHOELL. P.E. E=NGINEERS AND SURVEYORS VJEY E. FIELDS, B.P,S, 1214 FORT WORTH DRIVE OEMTON TEXAS 76201 18171 963.1416 0 387,0421 6 METRO 110~16920GAINEWILLE 669.9?71 July 1 1983 City of Denton Atm Ernic 'rulios 215 E, McKinney Denton, Texas 76205 Dear 11r, Tuilos, Enclosed is a plat showing the existing and proposed easements in East McKinney Street Addition, She have also enclosed descriptions for the portion of the easement on Lot 3 of the first section of East McKinney Street Addition which is to be abandoned and the des- cription o.f the proposed easement on Lot 1-R section three, East McKinney Addition, I am aware that I will have to pay for the relocation cost of the existing electric line in the easement to be abandoned. The • utility relocation is needed to facilitate our building plans, Please process this request as quickly as possible, and call Greg Edwards concerning any technical questions, Sincerely ~~Jack Bell ww- Q I a , ~T F, ~ C h994 (/J~MV 1 4i4 S~ o Lot 3 hw Gp P ylk ~l 0, 466 a~ , 690 INA + ~W J. R b R BY Jv..a 28!1483 q48 / 2 RLV. JUfy I, 1983 + I Mc k~NN fy ST . PLAT SMOW)MG CAfCMCNT EASE' McKINWEY STREET ADDITION SECTION THREE LOT I- R Perm A PAIR Or T{It )A2,10. d CO. OURYCY A, 927 CITY mia ouhlY OP 0c4T 7,TUA5 1 THE STATE OF TEUS, ~ "\''%V ALL MEN BY THESE PRESENT$i COUNTY OF DEVTON THAT Jack Bell Construction Company of Denton County, Texas in 000Alderstioa of the sum of one Dollar^---^-^-^»^- sad otber pod and valuable eottaideration in hand paid by the City of Denton, Texas receipt of which to bereby "knowled9od, do by these presents grant, bargafa, sell &ad\convey unto to the City of Denton, Texas. the free and uninterrupted use, Uberty and privilege of the passage lm, along, upon and across the following described property, owned by h%ni Situated in Denton County, Texas, in the Survey, Abstract No, All that certain 0.0566 acre tract or parcel of land situated in the I.E.P. 8 P.R.R, Co. Survey, Abstract No, 927, City and County o Denton, Texas; commencing from the northeast corner of a tract shown by deed to Jac' Bell Construction Co. and recorded in Volume 1064, Page 703 of the Deed Records of Denton County, Texas; said point being in the center of Mayhill Road; THENCE south 39414'50" west 117,25 feat to the place of b•ginning, said point be irig the most southern southeast corner of thk tract being described herein; THENCE south 89°14'50" west 16.0 feet to a point for a corner in the north line of said Darby Tract; THENCE north 0145'10" west b6,0 feet to a point for corner; . THENCE north 39014'SO" east 104.19 feet to a point for corner on the west line of said Mayhill Road; THENCE south 0104' west 16,0 feet with the west line of said Mayhill Road to a point for corner, said corner being north 0004' east 50.0 feet from the northeast corner of Lot 3, East McKinney Street Addition; THENCE south 39014150" west 37.97 feet to a point for cornarl THENCE south 0045'10" east $0.0 feet to the point ot` Deginning. And it Is further agreed that the said City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, `,Wdings and other obstructions as may now be found upon said property. For the purpose of :onstructinq, installing, repairing and perpetually maintaining electric utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents. employees, workmen and representatives having ingreas, agress, and regress In. along upon and across said premises for the purpose of making additious to, Improvements on and repairs to the said electric utilities, or any part thereof. TO HAVE AND TO FaOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness my hand this the day of A. D. 1983 • SAC;{ BELL CONSTRUCTION C'O. BYt 91\GLE~ ACK.\U1!'LGDGIIENT } 1 BEFORE lIE, the unJeniancJ nutnerty, oHFiYT; T C~~aT4s`an this Jaa' aersonally avile,rea_. a.a.G.4..aa3l ..aR_.Jdc:s..aa.1.J. Con~:ructson known to me to be the Person whole nrtme JS moats '.cd I„ t: t fo'tjt'inq Intlnlntont, and Sekno`r. t"10" U me thot....._he_... sxecuttd the same for the purpaset and canside;alton therein expressed. 011'V? UNDER MY HAND AND SEAL OF OFFICE. This Jay of , A D I: Notary F'JElic, Detlko.n. _.____._-.6buntl. Tesm My Comnttrslon Expires June L 10 MOLE AMNONMEDWIENT THE STATE OF TE\aS, ) BEFOar JtE, the unaersttrned rJtharlty, ! COUNTY OF in and for said County. Texas. on this day personally ap0esred.___..~ known to me to be the person whose name subscribed to the foretolnr Instrument and acknowled`si~J to me that he... executed she same for the purpotas and :onatderadon therein expressed. 43iYES UNDER NY HAND AND SEAL OF OFFICE, ThiJ day ot. A. D, 10 tL.S.I Notary Public, County, Texas My Commission Expires June L 19 CORPORATION ACIiNOWLEDGME\T THE STATE OF TEXAS, + BEFORE }I E, the undersiJraJ a:tho ri t}, :OU,.Y of DEYTON ' fa and :or raid Count„ Tlr,as, on :his 1Iv oe,ronago apptared kc.,;, n r, nix to he the pern a as; ~n er isms, nom, it :ubter:.ad :a lh4 iuWlr n1(nt era uknd,cte,lirl t me tn.,:Janis n•As the 'I't if said . a ail rpvratloa 411' rat ho es: Jte l t'R roue L C,e t )f ttlh :up latt,,t (of the anrporJ all :ant asra!'. n tr.eteln exprasred, and in the npom:v `harem itate.l. GIVEN UNDER MY HASID AND SEAL OF OFFia,'rms day if A.D 1? tL.S.) NalarY Nblle, _.....Texas Ny Commlaston Expires June i, CLERK'S CERTIFICATE THE STATE OF TEAS, L I, Caunty I COL":TY OF r. <,nk of the C~ nnty Court of said County, do hereby certify that the (aregoing 'Instillment of writing date: in tho day Mt , A. D. 0 ..elth its Certitleate of mithentktilton.'xes Sled for record In my »"ce on the day of A. D. 19 at 3'tt"k N_ area duly recorded this day of A. D. 19 at o'clock }J Lnsthe Records of said County. to Polume , on pages WITNESS MY 4AND AND SEAL OF TIIE COUNTY COURT of said County, at office in _ the day and rear lilt Abo% xrltlen. County Clerk. Caun:* Texas. (L, 3,1 B). Deputy k y H Ali 3 j + v a ' e: i 7 o W u J i 3 r 64 Y t ~ oy J 'S a A+ „ r „ 1 1 a V ; n 3 „i r J - .S s AN RDINANCO PROVIDING FOR THE ASANDQNMENT OF A UTILITY EASEMENT sVITOH1N THE CITY OF DENTON AND AUTHORIZING THE MAYOR TO EXECUTE i. QUITCLAI?i DEEU CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY IN SAID EASEMENT TO THE MUR OF THE TRACT OF LAND CONVEYbD BY SAID EASEMENT; AND DECLARING AN EFFECTIVE DATE- WHEREAS, the City Council of tine City of Denton, acting pursuant to law, and upon the requdst and petition of the grantee heroin, deems it advisable to abandon and convey the hereinafter descri'oed tract of land to grantee and is of the opinion that said utility easement is not needed for public use, and that same should be abandoned and quitclaimed to Jack Bel; Construction Co„ as hereinafter provided; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will 'De served by abandoning and conveying the same to Jack Bell Construction Co,, for the consideration hereinafter more fully set forth; now, therefore, 3E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON: SECTION 1, That the following desctibed tract of land in the City of Denton be and the same is hereby abandoned, vacated and closed insofar as the right, title and easement of the public are • concerned; A11, that certain 0,03,10 acre tract or parcel of land situated in tha M, E, P. S P.R.R. Co, Survey, Abstract No. VZ7, City and County of Denton, Texas; said tract being part of a tract described in a deed to Jack Bell Construction Co, as recorded in Volume 1064, Page 703 of the Deed Records of Denton County, Texas and part of two tracts as described in a dded to Jack Rei! Construction Co. as recorded in Volume 1004, Page 703 and part of a deed to Jack Bell. Construction Co. as recorded in Volume 1064, Page 703 of the Deed Records of Denton County, Texas; said tract being further described herein by metes and bounds as follows; CONWENCI,NG from the northeast corner of said Jack Bel: Construction Co tract recorded in Volume 1064, Page 703 in the center of Mayhill Road; THENCE south 89°14'50" west 30.00 feet to the place ai beginning; said point beginning being the northeast corner Lot 3, East McKinney Street Addition; THENCE south 0°04' west with the west line of said Maynill Road and the east line of Lot 3, ib,0 feet to a point for a corner; THENCE south 89114050" west 87.02 feet to a point for corner; THENCE north 0045'10" vast 16.0 feet to a point on the nartn line of Lot 3, East Mclinney .addition; THENCE north 89014150" east 37,ZS feet to the point of beginning. SECTION 11. . That the Mayor and City Secratery are hereby 3uthoritea to execute and deliver that certain quitclai,n aeea attached hereto, ana Incorporated nerein conveying said utility easement aescribed therein tv Jack Roil COnSrraction ~c. PAGE ONc s u'r I O N III, That portion of the public utility easement herein described being vacated, abandoned, and closed is made subject to 411 existing coning regulations and deed restrictions, if anil, and subject to all existing easement rights of others, i any, whether apparent or not, SECTION IV, This ordinance shall take effect and be in full force ana ofiect from and after the date of its passage, and It is so ordained, PASSED AND APPROVED by the City Council of the City of Denton, Texas, this the day of 1981, lCh. , a WAR , CIA CITY OF DENTON, TEXAS ATT E 51' gin. LJI N , J L GIAi, CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DEN'TON, TEXAS 31' : • PAGE T'sO THE STATE OF TEYASs 1 KNOW ALL MEN BY THESE PRESENT& COL'\tTy OF DENTON 1 • That The City of Denton, Texas, A Municipal Corporation Denton aad State of Texas for&ndinconstdorAtionot of the county of the sum of ""'""'»'"-_"--w_r---......-----w.,"_..-..__.._---------.-"......".,......._ Ten and N01100 (510,00) AOLLARS to it in hand paldby Jack Bell Construction Company of the County of Denton and State of Texas the receipt of which Is hereby acknowledged, do. by these presents, BaGAIN, SELL, RELEASE AIM FOREA'ER QUIT CLAM unto the said jack sell Construction Company, its successors bet" and assigns, all is right title and Interest in and to that certain tract or par. ce1 of land lying In the County of Denton and State of Texas, described as follows, to-wit; All that certain 0,0520 acre tract or parcel of land situated in the ent Texas; b P.R.R. Co, b part Aetstaatract describedyinna deedttooJack Bell Construction said tract being being Co. as recorded in Volume 1064, Page 703 of the Deed Records of Denton County, Texas and part of two tracts as described in a deed to Jack Bell Construction Co. as recorded in Volume 1064, Page 703 and part of a deed to Jack Bell Construction Co. as recorded in Volume 1064, Page 703 of the herein Re metes of and Denton bounds s t` f, Texas; sale tract 'being further descri*ed l Co tDractNrecordedmintlVolumet 1064, Pagee705 tins the centerBeof Mayhsillu Roads Co. • THENCE south 89014'SO" west 30.00 feet to the place of beginning; said point oeginning being the northeast corner of Lot 3, Bast McKinney Street .addition; THENCEtsouth Lot 00041 west J Afeet nti theawest line of said Mayhlll Road and the point for a corner; THENCE south 39114150" west 87.02 fast to a point for corner; 3HENCEt north 00y5Addities 16,0 feet to a point on the north tine of Lot THENCE north 89°14'50" east 87,25 feet to the point of beginning. TO HAVE A?ID TO HOLD the said premises, together crith all and singular the rights, privi. ;eges and appurtenances thereto In any manner belonging unto the said ,Jack Bel: Construction 'omnany, its successors the said Bt1l-and assigns. forever, so that neither Cit_- 0~ Denton, Texas, its successors, assigns nor 1stism=r any person or persons claiming under it shall, at any time hertaftex, havt, eialm or demand any right or title to the aforesaid premises or appurtenances. or any part there- at, WMESS 17 hand at Denton, Texas this day of k D. 19 83 CI~y' GF-DEJTON, TEXAS Witnesses at Request of Gror.cor; SI.'%U4E ACKN0k LEDU.%IEST THE STATE OF TEXAS, 1 BEFORE SIFT, the unAcrtntnod a.t+n ply. COUNTY OF • in and for said County. Texas, on thls day pu-wnollV appeared _ known to me to be the potion whose name subsel+bed to the foreyoint inssrvirm, nod acknowledged as me ttntt he e.xexutrd the same for the purposes and Consideration therein e.xpreew. OIVEN UNDER MY HAND AND 4EA4 OF OFFICE, This day of i. D. ip W. Naary Public. Gwntr, Texas My.anmission Explrea June 1, 19 SINGLE ACI+NOWLEDGMENT THE STATE OF TEXAS, BEFORE HE, the undorstgned authority, COUNTY OF in and for said County. Texas, on this day personally appeared - . ` known to me to be the person ,those name suburtbed to the foretoing inatrvutent. and acknowledged me that So enecvltl the same for the purposes and conetderauan therein e.xprtsud. OIVEY L'NDER MY HAND AND SEAL OF OFFICE, This day of i.^. tp L.S.I Notaty Public, C>va:y. Texas Sly Commission Expires June 1. in CORPORATION ACI NOWLEDGIIENT THE STATE OF TEXAS, ~ BEFORE ME, the undermined authority. COUNT DENTON I n and for IAIJ r County, Texas, en this day personally appeared,... Richard 0. Shewart.....layo :E CflB t,i,ty_,of, Qe3t1,t0As, T,e,(a$ ,.Known to me la be the person and odiaer whole name U subscribed h the Nretoing instrument and acknowledged to me that the same was the act if the acid 14 corpor_nlt '.n..d that he e:+c•c tad the tame as the act of such corporation for the purposes and considersn..:,n thorein expressed, and in the capacity therein fisted. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This,...___....... -day of_.......~..~. .i.. t9, S. • 145.1 Notary Publlc, Texas Xv Commission Expires June 1, 19 ~ CLERK'S CERTIFICATE THE STATE OF TEXAS, ~ f County COUNTY OF I Clrrk of the county C+urt of said County, do hereby eeftify that the foregoing instrument of wrltint fates on the day of , A. D. 19 , with its Cartidcate of Authentication. + w Sled for word in my 0le* on the day of A. D. 19 , at o'clock k and duly reeorded We day al.. A. D. 19 , it o'clock S4, in the Records of Laid County, in Volume on Pages NfTNESS NY HAND ANO SEAL OF THE COUNTY COURT of slid County, at cfica in , the dal' and yenr lost ihne.• written. County Clerk opt t7 lL S.1 BY 41 -It I j Ld Gl O 2 G z W - a • o a t j r- s z z `fi~•-r-~ ~ ~ - 3 '3 ~ _ C , J NO, AN ORDINANCE PROVIDING FOR 'rHb ABANDONML'NT OF A UTILITY EASHMENT WITHIN THE CITY OF DENTON AND AUT11ORIZiNG THE MAYOR TO EXECUTE A QUIrCLAlt4 i.EED CONVEYING ALL RIGHT, TI'T'LE AND INTERBST OF THE CITY IN SAID EASEMENT TO 'ME OWNER OF IHb TRACT OF LAND CONVEYED B1' SAID EASEMENT; AND DECLARING AN EFFECTIVE DATE, WHEREAS, the City Council of the City of Denton, acting pursuant to law, and upon the request and petition of the grantee herein, deems it advisable to abandon and convey the !.ereinafter described tract of land to granted and is of the opinion that said utility easement is riot needed for public use, and that same should be aoanooaed and quitclaimed to Jack Ball Construction Co., as hereinafter provided; and WHEREASI the City Council of the City of Danton is of the opinion that the best interest and welfare of tiro public will be served by abandoning and conveying the sniao to Jack Bell Construction Co,, for tho consideration hereinafter more full set forth; now, therefore, BE IT ORDAINED By rHE CITY COUNCIL 01: THE CITY OF DHNTON~ SECTION i, That the following uescribed tract of land In the City of Denton be and the same is hereby abandoned, vacated and closea insofar as the right, title and easoment of the public are concerned, All that certain 0,032U acre tract or parcel of land situated in the M.L.P. 5 P.R.R. Co. Survey, Abstract No, 927, City ana County of Denton, Texas; said tract being part of a tract described in a dead to Jack Bell Construction (;o. as recorded i Volume 1064, Page 1U3 of the Daeo Records of Denton Count-.-, Texas and part of two tracts as described in a deed to Jack Be tl Construction Co. as recorded in Volume 1064, Page 703 and part )f a deed to Jack Bell Construction Cu. as recorded In Volume 1064, Page 703 of the Deed Records of Denton County, Texas; said tract being further described herein by metes and bounds as follows: COMMENCING from Me northeast corner of said Jack Bei; Construction Co, tract recorded in Volume 1064, Page 703 in the center of Mayhill Road; T1iENCE south 890141SU" west 30.00 feet to the place :f beginning; said point beginning being the northeast corner of Lot 3, East McKinney Street Addition; THENCE south 00041 west with the west lino of said MayhiII Roan and the east line of Lot 3, lo.0 feet to a point for a corner; THENCE south 39014150" west 87.02 feet to a point for corner; THENCE north 0045110" west 16.0 feet to a point on the norta line of Lot 3, East McKinney Addition; T'HEN'CE north 89°14'50" east 87.25 feat to tiie point of 'oeginnrn„ SECTION II. That the Mayor and City Secretary are hereby authorized to execUte and deliver that cortain quitclaim does attached here:.; and incorporated herein conveying Said utility easement described therein to Jack Bell Construction Co. PA6E, ONE 1 SECTION III That portion of the public utility easement herein described being vacatod, abandoned, and closed is inade sub)ect to all existing zoning regulations and deed restrictions, if any, and sub)act to all existing easement rights of others, if any, whether apparent or not, SECTION IV, This ordtnance shall take of fect and be is full force and effect from and after the data of ils passage, and it is so ordained, PASSED AND APPROVED by the City CouncII of the City of Denton, Toxas, this the day of , 196.1. CHARD , 5 'B R , MAYOk CITY OF DENTON, TEXAS A'I'T EST ; CITY OF Lm,\T N, TEXAS APPROVED AS TO LEGAL FORM; C. J. TAYLOR, JR., MY ATTORNEY CITY OF DENTON, 'TEXAS B 1' , PAGE IWO NO. T AN ORDINANCE SET'T'ING A DATE, TIME AND PLACE ON 'CHE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE NiAyu TO PUBLISH NOTICE OF SUCH POBLIC HEARING. THE CITY COUNCIL OF THB CITY OF DENTON HERGBY ORDAINS: SECTION I. On the day of 1983, at o'clock in the City~ouncll Chamber of the -M nlcipal building, the City Council of the City of Denton, Taxes will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Uenton, 'Texas of the property uoscribed below. On the day of 1983, at 700 o'clock P.M. In the City Council Chamber o ho Municipal Building of the City of Denton, Texas, the City Council will hold la public hearing giving all interested persons the right to appear and be heard on the pr )sod annexation by the City of Denton, Texas of the following o..scrlbud property, to-wit: All that certain tract or parcel of land lying and being situated in the County of Denton, State of 1'axus, and being part of the M, Forrest Survey, Abstract No, 417 and being more par- ticularly doscribed as follows; BEGINNING at a point in the present city limits as established by Ordinances No. 65.45 Tract I, said point lying in the West boundary line of the M. Forrest Survey, Abstract No. 417 and 25O feet North of and porpendicuular to the center line of F,N1. 426 (McKinnoy St THENCE Easterly 250 feet North of and parallel to the centerline of F.M. 426 (Mckinney Street) the following courses and distances, (1) South 77424' East 498.72 feet to the beginning of a curve to the right, (2) Easterly 565.29 Poet along said curva to the right with a radius 11711,16 feet, central angle 4011, and a chord of South 7S°10' Bast, 501.56 feet, (4) South 70037, East, 418.0 feet (5) South 67421' Bast 368.66 foot, (6) South 631154" East, 367.95 feet to a point for a corner in the West boundary line of a tract of land as described in Volume 1200 page 462 exhibit "B" of the dead records of Uonton County, Texas; THENCE North 0012' West along the West boundary lino of said tract a distance of 2579,08 foot to the Northwest corner of said tract, said point lying in the South boundary line of a county road.; THENCE North 89017' East along the North boundary line of said tract, same being the South boundary line of said county road, a distance of 1414.17 feet to a point for a corner; THENCE South 0005' West a distance of 2255.94 feet to a point for a corner; THENCE Nest a distance of 15 feet to a point for a corner; 2.1590/PAGE ONE THUNCE South 0005' West a distance of 1724,77 feet to a point for a corner, said point lying 250 foot South of and perpen- dicular to the centerline of F.M. 426 (McKinney Street); THENCE westerly 2S0 feet South of and parallel to the eentorlin@ of F.M. 426 (McKinney Street) the following courses and distances; (1) North S3043' West 444.06 foot to tkio beginning of a curve to the left; (2) westerly 343,78 feet, central angle of 9°39' and a chord of North S8032430" West, 407,02 foet, (F, North 67°291 West 339.34 feet, (6) North 70°37' West, 393) feat, (7) North 73°lU' West 490.44 foot to the beginning of a curve to the left, (8) westerly 828,34 foot along said curve to the left with a radius of 11211.16 toot, central angle of 4114' and a chord of North 7S°17' 'west 828,15 feet, (9) North 77°24' West 402.88 foot to a point for a corner in the West boundary line of the said M, Forrest surveyl THENCE North along the West boundary line of said survey $09.10 feet to the place of beginning and oeataining 150,5 acres of land more or less, SECTION H. The Mayor of the City of Denton, '[oxas, is hereby authorized and directed to cause notice of such public hearing to be published once in a newspaper having general circulation in the City and in the above described territory not more than forty days nor less than twenty days prior to the date of such public hear ingg, all in accordance with the Municipal AnnoNatioll Act (Actiele, 970a, Vernon's Texas Civil Statutes). SECTION 111. This ordinance shall be in full force and effect immediately following its passage and approval, PASSED AND APPROVED this day of , 1983. RICHARD . S , , CITY OF DENTON, TEXAS ATTEST: IARLU tb ALLEN, ClT 5URMk_ CITY OF DENTO,N, TEXAS APPROVED AS 'TO LEGAL FORT C. J. TAYLOR, JR., CITY ATTORNEY CITY OF HNTON, TEXAS BY; Z.IS90•PAGE TWO NO"i'ICH OF PUBLIC HEARING ON CONTEMPLATED ANNEXATION NOTICE IS HEREBY 610N 1'0 ALL INTERESTED PERSONS THATI 'rhe city of Denton, Texas, proposos to Institute annexation pro- ceedings to alter the boundary limits of said City to add the following described territory to the corporate limits of the City of Denton, to-watt All that certain tract or parcel of land lying and being situated In the County of Denton, State of Texas, and being part of the N, Forrest Survey, Abstract ,No, 417 and being more par- ticularly described as follows; BEGINNING at a point In the present city limits as established by Ordinances No, 6S-45 Tract 1, said point lyingg in the West boundary line of the M. Forrest Survey, Abstract No, 417 and 250 feet North of and perpendicuular to the center line of F,M, 426 (,McKinney St.); THENCE Easterly 2SO feet North of and parallel to the eentorline of F.M. 426 (McKinney Street) the following courses and distances, (l) South 77441 East 498,72 feet to the beginning of a curve to the right, (2) Easterly 865,29 Feet along said curve to the right with a radius 11711,16 feet, central angle 4°1', and a chord of South 75°10' East, 501,56 feet, (4) South 70°37' Bast, 418,0 feet (5) South 67°29' East 368,66 feet, (6) South 634S4" East, 367,95 feet to a point for a corner in the West boundary line of a tract of land as described In Volume IZOO page 462 exhibit "B" of the deed records of Denton County, Texas; THENCE North 0°12' 'Nest along the West boundary line of said tract a distance of 2579,08 feet to the Northwest corner of said tract, said point lying in the South boundary line of a county road,; CHBNCE North 89°17' East along the North boundary line of said tract, same being the South boundary line of said county road, a distance of 1444,17 feet to u point for a corner; THENCE South 01US' West a distance of 2255,94 feet to a point for a corner; 'T'HENCE West a distance of 15 feet to a point for a corner; THENCE South O°OS' West a distance of 1724,77 feet to a point for a corner, said point lying 250 feet South of and peepen- dicular to the canterLina of F.M. 426 (McKlnney Street); THENCE westerly 2SO feet South of and parallel to the conterline of F,M, 42(1 (McKinney Street) the following courses and distances; 11) North 53°43' West 444,06 feet to the beginning of a curve to the left; (2) westerly 343,78 feet central angle of 9°39' and a chord of North S8°32'30' West, 407,01 feet, (5) North 67029' ''Nest 339,34 feet, (6) North 70°37' Wost, 393 20 feet, (7) Nortn 73°10' West 490,44 feet to the beginning of a curve to the left, (8) westerly 828,34 feet along said curve to the left with a radius of 11211,16 feet, central angle of 4114' and a chord of North 75017' West 828,15 feat, (9) North 77024' West 402,88 feet to a point for a corner in the West boundary line of the said M, Forrest survey; THENCE North along the West boundary line of said survey SU9.iO feet to the place of begirining and containing 15O,S acres of land more or less. A Public Hearing will be hold by and before the City Council of the City of Denton, Texas, on the day of T_ , lys3, at o'clock, in t h o City Couitc3-T Chamber of tTe--NlunICIpoai Build g for all parsons interested in the above proposed annexation. At said timo and place all such persons shall have the right to appear and be heard, Of all said matters and things, all persons interested In the things and matters heroin mentioned, w+.11 take notice, NOTICE/Z-1590-PAGE ONE A public Bearing will be hold by and before the Gity Council Q the City of Denton, Texas, on the daY of 1983 at 1100 o'clock P.M. in the CltY ounc 1 (hambar of t e unicipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said time and place all such persons shall have the right to appear and be heard, of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. RICHARD 0, ,V CITY OP DENTON, WAS A115ST 1 CHARLOTTH ALLEN, " UTY-SMETWU- CITY OF DENTON MEMORANDUM TW Mayor and Members of the City Council FROM: G. Chris Hartung;, Gity Manager DATE; July 28, 1983 SUBJECT; hotel/Motel occupancy Tax The Council will recall that at the present time the City of Denton has authorized a 4V room occupancy tax which is divided according to the following formula: Denton Convention and Visitors Bureau 3.0% Greater Denton Arts Council 0.6% Denton County Historical Commission 0.4% Clovis Morrisson, President of the Greater Denton Arts Council, leas proposed that the City Council take advantage of a recent change in the state law which allows the City to increase the room tax a maximum of an additional 3¢. Mr. Morrisson s specific proposal as reflected in the attached letter, is for a total levy of 6~ to be distributed as follows: Denton Convention and Visitors Bureau 3.0% Greater Denton Arts Council (for arts programming) 1.0% Greater Denton Arts Council o 1.0/0 (for Denton Arts Complex) Denton County Historical Commission 1.0% The 1¢ proposed for the Denton Arts Complex would be levied only during the period of development of that project and would lapse at its completion. I have also included for your information letters from the Denton Chamber of Commerce and Faye Mitchell of the Denton Holiday Inn concerning this request. L2 G. Chris iartung ca attachment 0949C GREATER DENTQN COUNCIL ARTS July 19, 1983 ,rc)i Nlayor Richard O. Stewart Councilmen Joe Alford Jack Barton JUL 2 Q 1~<t5 Ntark Chew Charles Hopkins Jim Riddlesperger Ray Stophons City Manager Chris Hartung 1: f20Ml Clovis C. Morrieson, Jr. President, Greater Denton Arts Council There should be on the agenda of the meeting of August Z, 1983, the ordinance increasing the hotel/motet room occupancy tax and allocating the funds raised to tho Denton Cultural Confederation. The total G% tax would be allocated as follows; Visitors and Convention Bureau, 3% Greater Denton Arts Council, for arts programming 1% Greater Denton Arts Council, for Denton Arts Complex 10/0 Denton Historical Commission 1% 13,~.cause of the provisions of the now state law authorizing the Increase in the tax, the I% for the Denton Arts Complex will lapse at the completion of that project. I have consulted with Tommy Carouthers, and he does not feel the need at this time for an increase in the allocation to the Visitors and Convention Bureau. We are very close to realizing the ambitious dream you have been so much a hart of. We now have $1, 010, 000 in donated funds. We plan to continue seeking private funds, using the hotel/motel talc funds allocated to this project as a backup if necessary. 12ealistically, we believe we are near the bottom of the welt as far e.s private funds are concerned. And, in order to beat the onset of inflation, we want very much to start construction. It is quite likely that we will be hiring the contractor In December (generators anyone?)I The modest increases in program money for the Arts Council and the Historical Commission will enable us both to continue to upgrade the vital activities we both carry on. The encl osed partial article simply gives added proof to the contentions we have 111aile to you and you have supported. Your resolution this spring was very helpful to Tip flail as lie helped to guide the bill through the house of Representatives. Thanks again and again for your help and support, You are clearly among the most supportive city councils in the entire state when it comes to cultural activities! B1-/• lIE32-2787 P. O, BOX 1194 DE:NTON, TX 76202-1154 A" =4 Ole om" d, Z~~ a Ok440etv r~twohttl ReCO 33 ARTS A1VT~ ~11,~nu +~I ti.~1 wl~l ~I»I LEIS U) Have Cultural Kevist KUne Stan ae t shakopeare s ~r Centers malrrolentmonarchin ti the productionopen{ntYp: ' Wcdnreday evening at the Dellecorte. ' Benefited 11 R The Arts' R { .1 Ft~l eyhuaowasCHO"ERa afom IN7 then wen trove. ; Tbst UncoIn Center to New •1 1 Yore opraled w doors. y Today, so. m4i by~AN i to ed pn. i • ` bwment for the Anil them an snxrta 't' (00 cu)tural amen k the united ;fates, sold mom Iaem to ire cominet Yory tomb. Culhual ceatere w a ti ivY of We for maryr Arnerlm dtlel. Way o1 qwm wen ppunt up at `real ea. I true, wlug tepatrlulsclt and aca111. 6 M4. 13Ui now that they 111 a real;. 1whit do they meant Have the arts { .I Atnerl.absnetltW?Of amrultuml we" meetly supermarkets for the FA visit to &=I tuHum! t'entem ~r,rrR~t~ wdfifine c0 1 a 0tudy of tM ral centers lave lad~eed feittes mesa{ a deal to the am a the United es, Sown) cW urlm are Im. centem have given home , arertcualyavutabtetoarv e 1 rull"d fit varlow duce and~d I,)t,~3' "T, y' 4'y1`f r"NrS 1 t1111'~. dtun 1 "m0ft 63 l c'teeelble t the pcsH 1e. $t 1 1 1 + r 1 Lienlseehmtt with the Artier.. a' i t i rx 1` r~ : n Huller tlxtiter M yon ego." rys Tod 1(jrltt. Mad of 11k hillwlu. 1 y t;rrs h ~~i1i }t•. ~Ap, ? a Ballet,' the tw t71 cities lid v 4 ,•f i •f uNer war a b.athtelboll coin." day, thanks to culture) oftler/, W t y cities have adegwte and even i,morota thealem for local and tau. ,ftyr~ a i t r' , q?`.L9?} i ~ 'fit •(turu orypMratwkee, F t' ~YM`r. ;I?tl!' n t)n Pfw I cwtltnl Comm s4 'a yr beer{ r"Pof bla for the growth 9,R1'. 1 f It"OUSIY undeMeveloped ants ts 1. -l! r• vicinity of the twom They have 'ratted developers, am" burl. s f,,rti •xa WW Ow artaga eaterprili h cep 111101160 and 111 maWe i . 41 TI, e•// have meant a trem"n. 'k.Pe dl tl{ l is u11 N property vahlea, vl It -Ito people~LlOtris. mere tax j. •mtw gut tbee: Tbli IaAmer. am big burin. rf v f II cultural centers report amual - ~AM My S AF A budgets, audita, pity ti ~Et; Rt d ftmmunlty t m to its r 1 ! i) tr .i year eK o optneuI A , 19 the Ar i'Af)'~* r y 1 At. Y t1 ~ N h I 1r~1, rlS r a Center for r the theArts and H P001 ~s to Colored* attracted .1 poo. i! List year it was 111,0000. . In its ` Ir Yaar of operatfoo, Spirit Spuan host to 90,000. Tbue days SW,000 .1r}} Rh' - ' 7yf.~~, ' ' u rte oar" Inelrlly to the center, ~r)4r1 1i fjr c rilar 1`21101 prevail around tM t r1y+'. a' I 1 {1 1l 1`..'r" ,.Itry. 1i laterent Ig bypmduot has beep • dccentrnlltallm d IM, It used t0 i 1 ~n 1 f n~ r' r e ~1 •.Nsued on Page Zf s DENTON TEXAS 1du~ 1 a ~~a~ July 14, 1983 Mr. Chris Hartung Denton City Manager 215 E. McKinney Denton, Texas 76201 Dear Mr. Hartungt The Holiday Inn of Denton wishes to express to the Denton City Council our concern over the veoent passage of H.B. 1836 raising the local option of oo- oupanoy tax from seven (7) percent to ten (10) per- cent. We urge the Denton City Council members to con- sider not raising the taxes collected from visitors staying at motels in Denton. We feel the burden on the hospitality industry to finance any project or program not geared specifically toward attracting more visitors to Denton would be not only unfair, but also unequitable. The Holiday Inn of Denton has been part of the community for many years, giving a substantial part of the occupancy tax collected in the past. We do not favor any increase in tax by the City Council at this time. Sinoerely, Fay Mitchell Holiday Inn of Denton * S P. O. © 1429 / D5NTON, TEXAS 76201 PHONE 817/387-3511 ON lA ti r~,i r,.vo M1 dun, nn'. VP40FF4 U(MY It1l, o July 1, 1983 blr, Chris !Hartung Denton City iltanagor 215 1., McKinney Denton, Tom 76201 , Dear Mr, flarkingi " The Denton Chamber of Commerce has enjoyed a fruitful and mutually beneficial relationship with the City of Denton since January 1976 as the administrator of the local occupancy tax revenues to operate the Convention and Visitors Bureau, In referonce to the recently passed 11,13, 1836, allowing local municipalities to increase occupancy tax collections from four percent (4%) to seven percent (7%), the Denton Chamber of Commerce opposes any additional tax that cannot be justified on the basis of community wide need, 'the Denton Chamber of Commerce recommends that the good working relationship be retained in the present format without any changes in the contract for services between the City and the Chamber. Sincerely, Bill Brady President LIMet 1;4 DENTON CHAMBER OF COMMERCE ACCREDITED CNl WCq d <OYYI4C1 414 PARKWAY P.O. BOX P DENTON,'rEXAS 76202 TELEPHONE 817 3b2.9693 GREATER OENTON ARTS COUNCIL. July 5, 1983 Mr. Chris Hartung City Manager City of Denton Muusicipal Building JUL 5 ~v Denton, Texas 76201 Dear Christ I have talked with Tommy Caruthers and with Yvonne Jenkins, and Tomn-iy has talked with his Bureau people, The upshot of the conversations is that `.he Visitors and Tourism Bureau does not feel the need at this time for an increase in its funds from the motel/hotol occupancy task, but would like to reserve Its position In the future. Both the Historical Commission and the Arts Council would like to request that the City Council pass a new ordinance raising the tax and dedicating the funds to them. Here Is the suggested breakdowns 1. A total of 611/a tax, up from the present 411/6. 2. Historical Commission, IVo for historical preservation and restoration, up from its present 4/10 of 10/a. 3. Arts Council, 1% for arts programming, up from Its present 6/10 of 10/0. 4. Arts Council, 1% for historical preservation and restoration, 1% edicaltdd to the old City Warehouse and the old Diesel Power Plant, This flow until the restoration project was complete, and then It would lapse. The tax rate would then drop to 5%, If it Is easier or more convenient or for any other reason to continue the Cultural Federation, that Is fine. If It is easier or more convenient or for any other reason to dedicate these monies directly to the two agencies, that wotild be fine, too, The only thing we need to be careful about Is to designate that last 1% for historical restoration, because the new law puts a telling on what can be spent for arts programming: 1%, I hope we can clove pretty quickly on this, Chris, Let me know how I can be of help, Best regards, G4--L Clovis C. Morrisson, Jr, President; P. 0. BOX 1194 DENTON, TX 7602-1194 E3'17-362-970 w ENROLLED H.B, No. 1836 AN ACT 1 2 relating to the rate and use of the city hotel occupancy tax. 3 BE IT ENACTED BY THE LEOISLATURE OF THE STATE OF TEXASi q SECTION 1. Section 34, Chapter 63, Acts of the 59th 5 Legislature, Regular session, 1965 (Article 1269]-4.1, Vernon's 6 Texas Civil Statutes), is amended to read as follows 7 Sea. 3a. (a) Any such city is hereby authorized to le%ry by a ordinance a tax upon the cost of occupancy of any sleeping room 9 furnished by any hotel, where the cost of occupancy is at the rate 10 of 52 or more per day. Such tax may not exceed save (tour( 11 percent of the consideration paid by the occupant of the sleeping from a tax in excess of four 12 room Co the hotel. Any revenues 13 percent of the consideration paid by an occupant of the sIaeginq 14 room e hotel m1y only be used for the purposes specified in 15 Subdivisions 1 2 and 3 of Subsection a of Section 3c. No 16 more than one percent of the consideration aid b an occupant of 17 the sloe in room to the hotel may be used for the ourposas lg pacified in Subdivision 4 of Subsection a of Section 5c.- 19 (b) 1. city imposing the tax authorized by this section may 10 permit the person required to collect the tax to deduct and 21 'withhold from the person's payment to the city, as reimbursement 22 for the cost of collecting the tax, an amount not to exceed one 23 percent of the amount of tax collected and required co be reported 29 to the city. The city ma; provide for forfeiture of reimbursement 1 s H,S. No, 1836 1 for the failure to pay the tax or to file reports as required by 2 the city, 3 SECTION 2. Section 3c, Chapter 63, Acts of the 59th 4 Legislature, Regular Session, 1965 (Article 1269]-4.1, Vernon's 5 Texas Civil Statutes), is amended to read as followsi 6 Sao, 3c. (a) The revenue derived from any occupancy tax 7 authorized or validated by this Act may only bo used fora 8 (1) the acquisition of sites for and the construction, 9 improvement, enlarging, equipping, repairing, operation, and 10 maintenance of convention center facilities including, but not 11 limited to, civic center convention buildings, auditoriums, 12 coliseums, civic theaters, museums, and parking areau or facilities 13 for the parking or storage of motor vehicles or other conveyances 14 located at or in the immediate vicinity of the convention center 1S facilities) 16 (2) the furnishing of facilities, personnel and materials 17 for the registration of convention delegates or registrantsi 18 (3) for advertising for general promotional and tourist 19 advertising of the city and its vicinity and conducting a 20 solicitation and operating program to attract conventions and 21 visitors either by the city or through contracts with persons or 22 organizations selected by the clty) 23 (4) the encouragement, promotion, improvement, and 24 application of the arts, including u.usic (instrumental and vocal), 25 dance, drama, folk art, creative writing, architecture, design and 26 allied fields, painting, sculpture, photography, graphic and craft 27 arts, motion pictures, television, radio, tape and sound recording, 2 H.S. No. 383 1 and the arts related to the presentation, performance, execition 2 and exhibition of these major art forma; 3 (5) historical preservation and restoration projects o 4 activities at or in the immediate vicinity of convention cente 5 facilities or historical preservation arld restoration nro?ects o: 6 activities located elsewhere in the city that would be freaventat 7 by tourists and visitors to the cit . 8 (b) Any city which levies and collects an occupancy tv 9 which is authorized or validated by this Act may pledge a portion 10 of the revenue derived therefrom to the payment of the bonds which 11 the city may issue pursuant to the provisions of Section 3 of this 12 Act, if such bonds are issued oolely for one or more of the 13 purposes set forth in the preceding subsection; provided 4-hat any 14 city which levies and collects a tax of not more than three percent 15 shall reserve a portion of the tax revenue equal to at least 16 one-half of one percent of the cost of occupancy of hotel rooms, 17 and any city which levies and collects a tax in excess of three 18 percent shall reserve a portion of the tax revenue equal to at 19 least one percent of the cost of the occupancy of hotel rooms for 20 the purpose of advertising and conducting solicitation programs to 21 acquaint potential users with public meeting and convention 22 facilities, and for promotion of tourism and advertising of the 23 city and its vicinity either by the city or through contract with 24 persons or organizations selected by the city,, 25 c It is the intent of the legislature that revenues 26 derived from the tax authorized by this Act are to be expended in a 27 manner directly enhancing and promoting t,.ourism and_the convention 3 H.B. No. 1936 1 and hotel`ipdgstry. 2 SECTION 3. The importance of this legislation and the 3 crowded condition of the calendars in both houses create an 4 emergency and an imperative public necessity that the 5 constitutional rule requiring bills to be read on three sevc.al 6 days in each house be suspended, and this rule is hereby suspended, 7 and that this Act take effect and be in force from and after its 9 passage, and it is so enacted. 4 NO, AN ORDINANCE AMENDINU SBCTION 23.2(a) OF TKh CODE OF ORDINANCE OF 'CHE CITY OF DENTON, TEXAS TO PROVIDE FOR A SIX (b) PERCENT TAX OP THE CONSIDERATION PAID BY OCCUPANTS OF A HOTEL ROOM IN THE CITY OF DENTON, TEXAS, PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 1983, THE COUNCIL OF THU CITY OF DENTON HEREBY ORDAINS: SEC'r ION I , Section 23-2(a) of the Cude of Ordinances of the City of Denton is hereby amended so that the same shall hereafter read as follows: (a) 'Chore is hereby levied a tax upon the cost of occupancy of any room or space furnished by any hotel where such cost of occupancy is at the rate of two dollars ($2,00) or more per day, such tax to be equal to six (b) percent of the consideration paid by the occupant of such room to such hotel. SECT 101+1 11 , ThIs ordinance shall become offectIve from and after October 1, 1963, day of , 1983, PASSED AND APPROVED this the v , CITY OF DENTON, TEXAS ATTEST: , CITY OF DENTON, MAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DE,NTON, TEXAS BY: ORDINANCE-PAGE ONE asi NO, AS ORDINANCU URANTING ro ACNB BRICK COMPANY, ITS SUCCESSURS AND ASSIGNS, CONspy 'I'o TNfi USG of CBRTAiN STRUTS AND ALLEYS FOR OAS PIPBLINB PURPOSES. TIM COUNCIL OF THh CI'T'Y OF DBN'roN, i'EXAS, HEREBY ORDAINS: SECTIUN 1. Tile City of Denton, Texas (heroinaftor called "City"), hereby grants to Aeine Brick Company, a Texas Corporation (havoinafter called "Company"), its successors and assigns, consent to use and occupy the present and future streets, allays, highways, public utility vasernonts and public thoroughfares of City lying south and/or west of the Acme Brick Compar;y Plant, for the purpose of laying, maintaining, constructing, operating and, replacing there- in and thereon a pipeline and all other appurtenant equipment needed and necessary for the transmission of gas to such Acne Brick Cumpany Plant, in the City of Denton, from a connection with a gas supplier or suppliers, The consent herein contained is granted for a term beginning with tho effective data of thi8 ordinance, and continuing until the first day of July, 1958, SECTION II. Company shall lay, maintain, construct, operate ano roplace its pipes, mains, laterals and other equipment so a$ to Interface as little as possible with traffic, and shall promptly clean up and restore to an approximate original condition, at its cost, all thoroughfares and other surfaces which it may disturb, anti company shall promptly repair any imperfect restoration which a,a)- be called to its attention by City. i'he location of all mains, pipes, laterals and other appurtenant equipment shall be f i x a a under the supervision of the City Council or an autho rizea committee or agent appointed by said Council. SECTION III lvlien Company shall inoke or cause to be mado ,:xcdvaIt ioil s or shall place obstructions in any street, allay or utIt er public place, the public shall be protecIt au by barriers and lights PAGE ONE placod I or ortod and ma intaInod by Company; and in the ovont of injury to any person or damage to any property by reason of the construction, operation or maintenance of the gas pipelines of Company, Company shall indemnify and keep harmless Clty from any and all liability in connection therewith, and shall furnish City with a certificate or other proof of insurance covering and protecting City as stated in this Section, SECTION IV, This consent ordinance jhaII be subject to all applicable regulatory and other authority of City contained in City's Charter, Code of Ordinances and the statutes and Constitution of titre State of Texas, SECTION V. Company shall file its written acceptance of this consent ordinanco within sixty lbO) days after its final passage and approval by City, and failure to do so within such period shaft immediately revoke and nullify this ordinance, PASSED AND APPROVED on first reading this the day of , 1983, PASSED AND APPROVED on second reading this the day of 1983 L . J ' CITY OF DENTON, TEXAS ATTEST: ACCEPTED: 8Y. CHAR J PRLS CITY OF DENTON, TEXAS ACME BRICK COMPANY APPROVED AS TO LEGAL FORM: ATTESTi C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTO,N, 'TEXAS 5ECkE'l'AkY PAGE '1`W R B y 0 L U 'r I O N WHEREAS, Section 6.US of the Charter of the City of Dentor, authorizes the City Council to appoint Assistant City judges to perform the duties and functions of the Ctiy Judge; and WHEREAS, the City Council deems it necessary to appoint an Assistant. City Judge to handle the judicial functions of the Municipal Court In the absence of the City Judge; NOWIT HEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; SECTION 1. Gary Patton and Darlene Whitten are hereby appointed Assistant City Judges of the Municipal Court of the City of Denton, Texas pursuant to Section 0,00 of the Charter of the City of Denton, 'texas . SECTSECTII- This Resolution shall become effective from and after its date of passage. day of PASSED AND APPROVED this the C1TY OF UEN'fUN, 'TEXAS ATTEST; CIFRY OF UEN'fON, TEXAS APPROVED AS 'PO LEGAL FURM1 C. J. 'I'AYLUR, JR., CITY ATTORNEY C11Y OF UEN'i'ON, 'TEXAS BY. PAGE SOLO August 2, 1983 CITY COUNCIL AGENDA ITEM SUBJECTS Consider Recommending Employment of Gilbert Associates for 1983 Water/Wastewater Rate Study. SUMMARY; gg At the Public Utilities the Boardorevieweditlleo e 23 1983~ and stafsf r commendation July 14, 1983, that a water /wastewater rata study be undertaken to assess Attached herewith as Exhibit the need Ifis therproposal sfrom t~Gilbert Associates, Inc., , setting forth their scope of seriie~isO1S f datsub isecsetl9at Water/Wastewater Rate Study. Comp repuiredreould 1983 Any may be q FISCAL SUMMARY: Professional Service Breakdowns 1Task 1- Records Review 500 500 Task 2- Identify System Operating Practices $1,000 Task 3- Functionalize Accounts 2,500 't'ask - Develop AllocatAlionlocoFatciotnoModrsel 51000 Task 5 5- p 3,500 Task 6- Revise Rates 2,000. Task 7- Bill Comparisons $15,000 Total Professionnl Services $4,000 Out-of-Pocket Expenses TOTAL PROJECT COST (NOT TO EXCEED) $19,000 Source of Funds: Special Services Account 620-008-0450-8502 ACTION REQUIRED: City Council approval or disapproval of subject contract Water/Wastewater cost a not-tocexceed $19,10U8 Water/Wastewater withGilbert r at a Associates 2318U/24 I RECOMMENDATION: The Public Utilities Board, at their meetingg of July 14 1983, recommended to the City Council that subject proposal be approved at a cost not-to-exceed $19,000, Respectfully, 7 R, E, Nelson Director of Utilities EXHIBI'T' I - Ltr. from Gilbert of July 6, 1983 I1 - Proposed Contract- Gilbert Associates, Inc. I I I - Minutes of- PUB Meeting of 1114183 2318U/25 A brief discussion followed with the Board expressingg it's articular intent to pay in no case more than $4,000 for e study, Cryan so motioned, Second by Herring, five . ayes, no naves, motion carried g, K"CIEV' REPORT VKQrl GI BE T AS5 UI-M ON 1983 ELECTRIC ~ATf' STUDY; Al Herman of Gilbert Associates presented the pre m nary results of the Gilbert Electric Rate Study. After reviewing the methodology used in the study, Herman reported that preliminary findings were that rate class R-1 rates should be adjusted upward, and that rate class SGS Herman rates should be adjusted downward, Futhermore, atelwouldd advised the Board that the overall rate increase that be recommended by the Stu.iy would be rates would (eight percent), Coomes asked if the proposed be sufficient to cover debt service; herman nt replied osed they would. Nelson presented Denton's p electric rates with rates presently charged by Texas ower & Light, Dallas Power & Light, Texas Electric Service Go., the City of Garland and Denton Co-op, NOSs nrconcl deed the presentation by observing that Che prop reasonably with rates charged by other area electric companies. Herring asked for the Advisory Committee's opinion of the proposed rates. Haas expressed the Committee's reluctance to raise rates for the rate class R-1, but said he felt the . o ceiling on that class might be residential followed, with Herman suggesting ng co g classes into one rate class, using toe inverted block method. Herring asked Herman to produce alternative proposals for the R-1 class in the final report, A brief discussion followed, with the Board requesting that erman produce alternative rate proposals T2, T3, D-D, Rl, and SGS. Futhermore, the Board requested another preliminary report be presented by July 27, 1983, with the final report to follow on August 10, 1983 and the final presentation to be made in a ,joint meeting of the nci t 16 agreed.an Notfuthertac ion was roequiredson thisliaem. Herman b, CONSIDER RECOMMENDING ']['HE EMPLOYMENT OF GILBERT ASSOCIATES FOR 1983 WAIEft1WA5TEWATER RATS STUDY; Herman briefed the Board on the Gilbert Associates' proposal for the rate study, concluding that total project cost would have to be increased from $15,000 to $19,000, Herring asked why cost had risen $4,000 since the earlier proposal, Herman replied that the expenses were underestimated in the on inal proposal, and that the Coriginstaeed pthaC he sfelt estimate and not a firm figure, Gilbert Associates was a reliable and straightforward firm, 2294U/2 1 E S. ✓,l~ After a brief discussion with the Board members, Coomes motioned that the Board recommend the City Council retain Gilbert Associates, Inc., for the 1983 Water/Wastewater Rate Study at a cost not to exceed $19,000, Second by` Loveless, five ayes, no nayes, Motion carried, 7, DISCUSSS 1983-84 UTILITY DEPARTMENT OPER4TING B n ET: The Board d as e y manager artun-g to address is concern about transfers out of the Utility Fund into the General Fund, Hartung reviewed a special study by Alexander Grant regarding the 6% return on investment transfered ~ into the General Funa and a similar study by David M. Griffith, establishing transfers into the General Fund for the purpose of offsetting the cost of administrative services, Discussion followed with no f.uther action being taken on this item, Chairman Laney adjourned the meeting at 10s10 E-1, JS/tdd . 2z94U/3 Gilbert/Commonwealth engineers end cons bats GILBERT ASSOCIATES, INC., P 0 Box 1496, Reading, PA 19603/Tel 215,115.2600 Cable Gilesoc,1elex 636'431 July h, 1983 ~ r Mrs Robert Nelson Director of Utilities City of Denton Municipal Building Denton, Texas 75201 Dear Bob: Enclosed please find three copies of the proposal to conduct the water Rate Study, As you will note, we have structured it along the same lines a- the contract for the Electric Efate Study. Joe McGeoy and l will be arriving in Denton early in the afternoon on July 14 for a preliminary review of the fiscal year 1983 cost of service results and recommended rate design, This will give us a chance to go over the numbers prior to the Board meeting Thursday night. Lf you have any questions or concern after reviewing the proposal, please contact me at your convenience. Very truly yours, AAH:pav A. A, Herman, Jr, enclosure W .10t3sw arenue.'a,anq.'A Yorgeltaxn „1110 Breen Ntli,, Aea0nq,'4 7?.-iECO CONTRACT FOR REVIEW OF PROPOSED WATER AND SEWER RATES Contract made this day of , 1983, by and between the City of Denton, Texas, a municipal corporation organized and existing under the Home Rule Amendment to the Constitution of ;eras, (hereinafter referred to as Denton) and Gilbert Associates, Inc. doing business in Texas as Gilbert/Commonwealth Engineers and Consultants Company, a corporation duly authorized to transact business within the State of Texas, (hereinafter referred to as Consultant), WITNESSETH; WHEREAS, Denton wishes to employ Consultant for the purpose of developing water and sewer rates, Such study consisting of: 1, The development or water and sewer rates to assure that there are no major inequities in allocation of cost between rate classes; and, Testing the rates based on the City of Denton's consumption histories to assure that the rates will produce the appropriate revenues. ;IOW, THEREFORE, the parties hereto do hereby agree as follows; SECTION I Consultant shall perform the services as set forth in Attachment 1 hereto, SECTION 11 In consideration of the services performed by Consultant ender this CotltracC, Denton shall nay Consultant a not to exceed amount of $19,000 based on the eollowin3; A, Professional Services charges for professional services of Consultant's staff who may be assigned to the project will be billed in accordance with Consultant's standard hourly rates for the various categories of personnel as follows Project ;tanager $95/hr Project Consultant $75/hr (Grade 5) Project Consultant $43/hr (Grade t) Time charges will be made for personnel only while they are actually at work on the assignment and for travel time during normal working hours, 8. Out of Pocket Expenses In addition to the cost of professional services, certain other expenses consisting of, but not limited to, travel, lodging, and living expenses of Gilbert Associates, Lne., employees when engagad on a project away from the home office, plus long distance telephone and other incidental charges will be billed at cost. Printing, reproduction and data processing charges, as required, will be billed in accordance with Consultants' standard rates prevailing at the time such services are rendered. The use of Consultants' automobiles shall be charged at 23c per mile. Rented automobiles will be billed at cost. C. The City shall make available its I8M 4330 computer to Consultant for installation of Consultant's cost-of-service software model. The Consultant shall have use of the computer from the Utility Department's remote computer terminal for analysis of rates. Such use shall be available at reasonable hours and coordinated with the Data Processing Department ?tanager . D. in the event the Consultant is unable to utilize the City's IBM 4330 computer for the analysis of the rates, Consultant will utilize their own computer to perform the analysis. Any direct computer costa incurred by Consultant will be beyond the scope of this contract and will require an addendum to be approved by the City Council. SECTION III Invoices shall be rendered monthly for the preceding month's services performed and expense: incurred on Denton's behalf, and such invoices shall be due and payable fifteen days after receipt of the invoice. SECTION IV The Director of Utilities will serve as Project ?tanager for the Study. The City will make available to the Consultant all information that may be relevant to the City that is available within the records or the City. SECTION V Denton may terminate this Contract upon thirty days prior written notice to Consultant. In the event of termination, Denton shall pay Consultant for full services rendered and expenses incurred to date of termination and Denton shag: receive all completed analysis comparisons, and work done to the date of termination and any work in progress or incomplete reports will be delivered to Denton. SECTION VI Consultant will complete its' service under this contract and deliver the required reports by September 30, 1983. SECTION 'I'II In no event shall. Consultant be liable in any cause or action for special, indirect or consequential damages of any nature. SECTION 11111 The provisions of this Contract constitute the entire agreement between the parties and supersede all prior communications, representations, and agreemec:s. oral or written, between the parties hereto with respect to the subject of t':s Contract. - 3 IN WITNESS WHEREOF, the parties hereunto set their hands and seals the day and year first above written, CILBERT ASSOCIATES, INC, ATTEST; BY SECRETARY ! Y Robert 1, Keith, Jr, TITLE TITLE Vice President ATTEST; CITY OF DENTON, TE.{AS BY BY TITLE TITLE _ APPROVED AS TO "M: CITY ATTORNEY, CITY OF DMON, TEXAS BY' SCOPE OF WORK Review Denton's water plant and expense accounting records and develop a class cost or service study on theratn of return on race base method or the cash basis or a com'A nation of both, Customer records will also be reviewed along with usage in thousands of gallons or cubic feet, revenues by rate group or usage level and bill frequency data. Plant accounting data that will be reviewed and allocated to customer groups includes: Source of Supply Treatment Transmission Distribution Customer General. Similarly, the 'lacer System's operating expenses will be reviewed and allocated to customer groups, Operating expenses associated with the plant functions described above will be reviewed and allocated along ,with administrative and general, debt service and new construction expenses. The cost of service study developed by Gilbert will incorporate the general suidelines and philosophy in cost allocation and rate design as determined by the City's Public Utilities Board. Gilbert will recommend rates that implement the findings of the cost of service study and which are consistent with the Board's philosophies, Gilbert will conduct a test of the revenues that the rates will produce using the Water System's consumption histories to assure appropriate revenues based on the following steps: a) Existing revenues by customer class. b) Establish actual cost by custom-: class through the allocations developed in the cost or service study, e) Review results of allocated costs vs revenue levels in order to establish targets for rate design, keeping in mind the guidelines of the Board, l August 2, 1983 CITY COUNCIL AGENDA ITEM SUBJECT: q W,J. Roddy BehalferofcMr. outside Limits efrom eMur.stBri fan Burke Water/Sewer (Page Rd.). SUMMARY: Mr. Roddy has a 36 acre tract of land on Page Road just east of I-36 where he plans to have a mobile home park, To will serve this City 5o400f of 8" water system, line. need to install I~ Mr. Roddy will need to install approximately 3,300' of 10" sewer line and another pump in the Corinth lift station or deposit in escrow, funds sufficient to install the lift station when it becomes necessary FISCAL SUMMARY: Not applicable. ACTION REQUIREU: ther city 1imitsbject request for City water/sewer l service approval outside disapproval ALTERNATIVES: 1. Ciityoof Dentongrequirements, specifications andtsbares all costs. e ow 2. well and ienstall aseptic otanks orn someo othier type tof sewer system. 2318U/16 RECOMMENDATION; The staff recommends this request be approved providing Mr. Roddy meets all City of Denton requirements and specifications. The Public Utilities Board will review this item at their metheir mbers on July recommendation 290 1n983111 be Council and meeting forwarded of to u the Ci'ty 1983, Respectfully, ` R, E, Nelson Director of Utilities EXHIBIT I Letter of Request II Site Plan III City of Denton Location Map y rI t 2318U/17 t JESUS CHRIST IS LORD BURKE ENGINEERING BRIAN BURKE, P,E, CONSULTING CIVIL ENGINEER 28 June 1983 Mr. Earl Jones Utilities Department City of Denton Municipal Building Denton, TX 76201 Re, 35 acre Tract on Page Road Dear Mr, Jonesr I am wr}ting on behalf of Mr, W, J, Roddy, the owner of the 35,46 acres shO14n on the land plan enolosed, to request that we be placed on the agenda of a regularly scheduled meeting of the Utility Board, Mr, Roddy would like to request the Board to consider providing this tract with potable water and sanitary sewer service, The owner is attempting to develop the property into a pri- vately owned Mobile Nome Park, All streets and utilities would be private, and the individual lots would not be sold, We propose to provide a line extension from the East frontage road of IH-35 to than tract in order to make potable water available, We anticipate that this would be an 81, C-900-150 PVC line about 4,800, long, We are requesting that such a line be connected to the internal distribution system via a single master meter, All internal pipes, fittings, and fire hydrants would meet City of Denton specfications. Based on a 200 pad park I anticipate a peak water demand of about 100,000 gpd and. an a•vorag•e demand, of about 70,000 gpd, The internal sanitary sewage collection system would also be privately owned, but would meet the minimum standards of the State of Texas, We propose to install an 81, SDR 35 PVC grav- ity line along Page Rd.. to the East, then South to the exist- ing City of Corinth lift station on Swisher Rd, This would require the acquisition of additional easement along the line route, It may also require that we modify the pumps and/or impellers at the lift station. I anticipate the development would generate about 50,000 gpd of raw sewage, Please place us on the agenda at the earliest possible date, Respectfully, Bc- ~ 800 W. HICKORY ST. (817) 556.3714 OUNTON• TEXAS 76201 1.1111111~II..Iw.lw lwlwl..1.r.lY11..1~1.111Y1wl..r/MIYIInIw11 YrY11Ylw IMIIYIYIwI IA A wTAC~f~R1ji ~YiTV'11irN ~Rli{rilMrMrwiwrw li~r111rwrR1 IRrw rprwlwl Rl Rr~IrwrMlwillr Rrlw lM lw r 1 r-_ _ _ _ 111 ' .it__ Lb. 7fN J~ 1 • bCM 1 ~ ~ to 1 I 4 1 ' ~ ~ ~ i ~ I I 71C}I~}-fJ.IMt r~~ ' 11 n ! I Ir pN , ~ 1 1 I ~Ill•l~~ I 3 1 oil \ a(~nf ~ II ! r ht.C~~i1pNYpII1Cf 1 I / ..~"nr\ I 'M.~Mt 7 . I.Mt 111.1 r1n .v.llw jji \ \ iu Unlnn i \ \ I II h6F1lII[1 \ a■ I 4 i .I.rl I f i Ills Ilnuu• null _,~._____._~if,l Lfiw ltji Aar._L 1 ' \ rant noon IMMM 1, - - \ \ - rncaF nono Mom}.~ AnK • "low". M.J. IICMn i ' 1 PnELIMINAnY 81?E PLAN / 111 } nan..nnlnulm uu r.................rlrlrl........... .1.1Y1.... .....r1.1.1YI.I1 rIRININ Iw 16111.I W.r. • 1~. -.MV...._,.y.. r'1 y(--~^ . n E.. .~r 1 <I. .y. ..1,_ 1 prl 'SI. .e 1+1 1 -ry,'r. _ - .i Pry .4; .y0' r,•%:~ , \✓rf 'Y1 ♦ ♦ 1.1..,\~11.• / Ca I'I~l 1 /r ~l li~YlllY"; / 1 1~..» ,RI j1I Iii t1 ~,\I `'>`rif. rte. 1/~~ t~fr. 4 3.11 " y~ 1 ♦ r- 1, . 1H 1. tl i l t ~P / ~ ~j /4 y~ 1 1.t~"14~jy .y y~1W 1 ' vrn°'7Y Wwwt \ ~f~~ 1, irdY .~suP~\ ..t rtl wr ~'"~Q~ / 1 ~ I' i l/~/ ///p♦' r,' I ~ Z ~n~?~~"/ 1\ \^`tc,\` 1 f ~•4r~`~ ~ p~ ` i r~~wY~ Olrl'1 ~1~11~~ t~ ! jI) 1%IV'<t ' /.\~+'-14{1 / ~ "~',j` Jy ~ \i.~,+ ' 1 1 ~ • ' ~-l1a_'+~.m rr~tleidorlal~l'h ' I f. Q'~,~"' ' + ti `~11 t~ t (,"~4' . 4l~\/~`~3t .S'~. VD 1...~9 1 r1 S Ily rf'~f'``~('•7 /f ~~~~~~~1 ~ ty` I f /j I ~L17 of a+'MJ_ ti '~y I' 1 1:. ji,/ 119.Xi 5 10 ON, 61 V ~r~' k^./~1 I/''~/1• ~ t ~ ~i~D~~i 4 ./i~~1ac~1~~I~4OQ 1'~70!~Y~. / / ,1 `1 1 V' .n t„` `11VY'~~• ~~~~y,~'~f~ It~5i~ S ~ "ST U FT ~8 FM~ .I -!L 1 ~I~f"~t% /I i\ r'b I 1 l.• Spe~Fe,~nUF., \ w uolil r 1 - f G D -c A AT I'0 / I t~A G [(►1,~ j ; 4t OEM ` d A V. AyKS! vn-~~~,~ I C W ;14 7. f .'Sir I /IOC .~i~ f. 1 . / I .\Y'~,. .'1 'fit\': \ ,1*\ J -A~~ ~\I. 1 ' ,ct~; _ 1 • 1 ` 1 VVV .l \ \ 1 ter. ~ i , l I 'IJ f r ~ I~f~S' J 11 i .1 / ~.^I :1 , ~\I f/^• 1 ~ / ~1 /N ~ _ ~1t~ l t -`/r/II •d ~ - •I,~ ~ 1~!L'J~j~~ ~ 0 `\~t !./f(\ r ~~~~~~'f i :=J• ~r~'.r'Ir r, . ) >v/j /f' 3 OePT' tin 5N) /Q SEj 1 ; \ 1 it. '~'~/q S3 Jrr I, ! I~j a~% ( • ie _ . l~ .elf J I rt'1 ~ ~ 1 , ~f 1 5~F4Q P~fdf'd.5$'A 8 4Y r , \ Y 1 ! y i k ~ sir Zt N , i0~ / ( '~'~1 t 4 ~t": !./1~. /I~ : 1. J ~1/ ,{1'..~ 14 l .Cj;V~-6i''IJl./Y;,fl. August 2, 1983 CITY COUNCIL. AGENDA ITEM SUBJECT: Consider Request by the City of Corinth to Waive Water Contract Provisions. SUMMARY: The City of Corinth has a contract with the City of Denton to purchase water, The contract has provisions that establish the maximum usage per day of 100,00 gallons ( 6 9 G P M ) , Corinth is presently using 1800000 ga lons per day (13OGPM) as an annual average, 360 000 gallons per day (2 OGPM) as a maximum daily demand and 30,000 gallons per hour (6OOGPM, 720,OOOGPD) on peak hour. The contract states that Corinth shall take water at a constant rate based on their maximum daily demand and take water at an open non-pressurized discharge and provide their own ground storage, pumping facilities and overhead storage, Corinth and a local developer are requesting a delay in the enforcement of this contract provision, Due to financial concerns, Corinth has not been able to install such ground and overhead storage and pumping systems and have, therefore, drawn on Denton's system, Some limitations exist on the flow of water to Corinth due to an 8" section of main line located near the Josten factory i'n the otherwise 14" line along IH-35 from Denton to Corinth. This 8" line tends to restrict flows to 670GPM with pressures dropping to 35PSI. Denton has planned to replace this line NIP project 84-W-11) in 1984 at a cost of $47,500, primarily to aid Denton's city customers south and east of IH-36 and Mayhili Road, The installation of this 14" line will allow a flow of 2000 to 2400GPM (2.9 to 3.6GPD) to flow in this line, This 14" installation should, however, be coordinated with the installation of a rate of flow controller to Corinth, so that if a major water break or problem occurred on the Corinth system during Denton's peak day, it would not create a drain on Denton's system. Lomas and Nettleton, developers, have begun a 500 unit housing development within Corinth, In order to alleviate current pressure problems plus to assure an adequate flow of water to Corinth, and to delay by one or two years a $500,000 investment in ground and overhead storage, Lomas and Nettleton, through their development's Corinth Municipal Utility District #1 and through the City of Corinth, have offered to finance the $47,500 installation of the 14" water line project, CIP-84-W-11. In exchange, 2318U/22 they are requesting that Corinth be allowed to delay installation of the ground and overhead storage to June 1, 1986 or June 1, 1987. This will lso allow Corinth to receive additional revenue from hooup charges and water sales so as to be able to finance such water improvements, The Engineering and Operations staff of the Denton Water System has expressed serious concerns about allowing this delay considering the present deficiency in Denton s ground storage, the marginal overhead storage capacity and the pressure problems already existing in the upper northwest section of the City. Normal usage for moderate development in Corinth could be tolerated, i.e., 200-800 total housing units by 1986, without serious deterioration of Denton's system. The concern develops when and if a maJor water break might occur in Corinth during a peak usage day for Denton. FISCAL SUMMARY; Possible receipt of approximately $47,500 for capital improvement protect 84-W-11, ACTION REQUIRED; Consider and recommend appropriate action relative to delaying enforcement of water contract provisions with the City of Corinth. RECOMMENDATION: The Public Utilities Board will review this item at their meeting of July 28, 1983, and their recommendation will be forwarded to the City Council members on July 29, 1983. Respectfully /~~~)LI/ R. E. Nelson Director of Utilities EXHIBIT I Dannenbaum Engr. Corp, Letter 7/20/83 II Corinth Ltr. 7/21/83 III LN Consult. Ltr. 7/21/83 2308U/2 _ Q a if v 9, DANNENSAUM ENGINEERING CORPORATION CONSULTING ENGiNreRs . I588 W. MOCKINO61AO. SVITe 218, DALLAB,TexAs 78a35 ANCA CODE R14/638-0145 July 20, 1983 Mr, R. E. Nelson, P,E, Director of Utilities City of Denton Municipal Building Denton, Texas 76201 r Res Water Supply to the Town of Corinth Dear Mr, Nelson: Thank you for meeting with us last Friday afternoon, Following ayourrsself as per that rmeeting between and Monday afternoon. 1. The Town of Corinth's water usage is in excess of the contractual agreement between the Town and the City of Denton. be Installedninotheesuthat mmera of rate of 2 flow Denton regulator gwill put 3. In exchange for a delay of the installation of the rate of flow regulator, Denton may allow Corinth to construct the 14-inch water main along I,N, 35E. 4. Depending upon Denton Council's approval constructing the 14-inch watermain will buy Corinth a year or two before the rate of flow regulator is installed by Denton (i.e. May 1986 or May 1987). 5, The Town of Corinth is to send a letter to Denton outlining their steps for installing storage facilities along with their intent to construct the 14-inch main. Mr, R,E, Nelson, P,E, City of Denton July 20, 1983 Page two If any of these agreements are not your understanding Please you note by any return questiions,. or Again require thank any additional u inforrmation,~n please leave a feel free to call. Very truly yours, ! oil W" L °f L'' I Robert Petitt, Jr., P.E. Associate RPj;gs;0427A 0911-2B xcs Shirley Spellerberg Mac Fuller Bob Hogan 1 y U SHIRLEY SpEU.6RDERQ MAYOR AV -0 1 CORIN N "Town 0i cantntk ROUTE 3, 2003 SOUTH CORINTH OENTON, T"AS 76201 (111 7) 4974146 July 21, 1983 Mr. Bob Nelson Director of Utilities 215 E. McKinney Denton, Texas 76201 Re: Corinth Water Facilities Dear Mr, Nelson: The Town of Corinth is preparing to enter into an agreement with Corinth Municipal Utility District No, 1 which will serve the Lomas and Nettleton Fairview Subdivision, The Town has agreed to the following provisions subject to final approval of the legal contract by the Town Council and our legal counsel; • 1) L & N Consultants will pay for an Engineering water study to be conducted by the Town. 2) L & N Consultants will pay the full cost of Project #84-W-11--the removal of the 8" line constriction and replace it with a 14" line, 3) As part of the sewer contract, I, & N will pay $98,500 for off-site sewer improvements. 4) A contract between the Town and the MUD for the provision of water and sewer customers within the District will be entered. The Town of Corinth is taking steps to find a way to provide water storage facilities, A Citizens Water Advisory Committee has been appointed. A town meeting with our engineer and financial advisor is being planned for the near future, Considerable time will be needed to decide on the method of funding water improvements and to solicit the cooperation of the citizens of Corinth. It is our intention to move with all deliberate speed in that direction with the help of the City of Denton, A prompt reply from you following the Board meeting would be appreciated. Sincerely, Shirley Spellerberg, Mayor TOWN OF CORIMM Q ENE L& CmIS411fAr114. Inc. 2001 Bryan Tower Post Mica Box 2266,14 Dallas Texas 75265 Phone. (214) 746.7111 Mr, Bob Nelson Director of Utilities 215 S. McKinney Denton, TX 76201 Re: Project 484-W-11, State School Waterline Dear Mr. Nelsont L&N Consultants, Inc, is the owner of property within Corinth Municipal Utility Distrirt No. 1 (the "District"). The District is within the town limits of the Town of Corinth. We have been engaged in discussions with Corinth concerning the providing of water and sewer services to the area within the District. As a result of these discussions, Corinth has indicated that . it will sell treated water to and accept sewage from customers within the District. It will provide these services to the customers pursuant to an agreement that is to be entered into betwen Corinth and the District. We understand that the referenced project, as described in th attached sheet, needs to be undertaken to assure adequate water for Corinth. We have agreed with Corinth to pay the construction costs of Project #84-W-11 at no expense to the town of Corinth, The City of Denton may rely upon our agreement. As a result of our meetings with Corinth and your depart- ment, we understand that completion of Project #84-W-11 will satisfy the City of Denton as to the adequacy of the capacity of Corinth's water system. Our agreement to pay the above costs is based upon our understanding that design of additional improve- ments by the Town of Corinth on their water system will not be required by the City of Denton prior to the end of 1985. While Corinth will be providing water and sewer services to customers within the District, the District will actually construct and own the water distribution and sewage collection systems within its boundaries. We would appreciate your Mr. Bob Nelson confirmation that this is acceptable to the City of Denton. Our obligation to pay the costs is subject to receiving A member of The Lomas & Netuelon FFnamclal Grow Mr. Bob Nelson Page Two such confirmation and execution of an agreement between the District and Corinth for provision of water and sewer sources to all customers within the District. Sincerely, L&N CONSULTANTS Byt Way-no erguson, President By J. Stephen Crim, Senior Vice President for Wayne Forguson,i' Presidgtrr nt J.,S ep an. r m, Senior Vice Preside ;r • • CITY OF DENTON MEMORANDUM TO: Mayor and Members of the City Council FROM: Bill Angelo, Senior Administrative Assistant DATE: July 27, 1.983 SUBJECT; Consider a recommendation from the Airport Advisory Board providing for termination of the lease agreement between the City of Denton and Hexagon Buildings, Inc. On June 1, 1983 we received a letter from Hexagon Buildings, Inc, requesting that the City of Denton release them from their contract. with the City for a land lease on the Denton Municipal Airport. Since the execution of the lease agreement, Hexagon has been attempting to sell the condominium type hangars which were to be constructed on the lease. Hexagon claims to have received a very poor response and would, therefore, wish to terminate the lease. We informed the Airport Advisory Board of this request at their regular meeting in June. We also pointed out that Hexagon owed the City $2,172.77 for engineering work performed relative to t'ne design of their aircraft parking apron. The Board concurred with the staffs opinion that we should comply with the request once the City is reimbursed for the costs incurred on behalf of Hexa:zon, On June 15, 1983 we notified Hexagon of our position relative to their request. On July 22, 1983 we received a check from Hexac.on Buildings, Inc, in the amount of $2,172.77 which covers the full cost of the work performed by the City. 0 On July 26, 1983 the Airport Advisory Board considered the Hexs:ion request and unanimously recommended the termination of the lease agreement with Hexagon Buildings, Inc. Should you have any comments or questions on this matter., pleats let me know. Respectfully submitted, bill Angelo BA/bp MINUTES AIRPORT ADVISORY BOARD July 26, 1983 i Umorgency meeting of the City of Denton Airport Advisory Board on 'T'uesday, July 26, 1983, at 12:00 p.m. in the Civil Defense Conference Room of the Municipal Building. P112SCNTi Arno, Carrell, Haywood, Keith, and Smith ABSPNT: Garland, Glick OTHERS: Bill Angelo of the City Staff, Clint Lynch, Airport Manager The Board met in executive session at 12:10 p.m, to discuss real- estate and legal, matters. The Board reconvened in open session at 12:26 p.m. to take the following action. 2. The Board considered a request by hexagon Buildings, Inc, to terminate their lease with the City of Denton. A motion was made by Or, Don Smith to recommend to the City Council that Hexagon Buildings, Inc, be released of all obligations pet- taining to the Airport Lease Agreement of January 11, 1983. In recommending this action, he further stated that the City of Denton would likewise be released of all obligations. 'The motion was seconded by Mr. Lee Keith and was unanimously approved by the Board. With no further business, the Board adjourned at 12333 p.m. THE STATE UN TEXAS RELEASE 01' AIRPORT LEASE COUNT)' OF DENTON h'iIEREAS, on the 11th day of lanuafy- 14831 a certain loose was entered into by and botween the City of Donton, Texas, as described rt promises gS~tulatic , I as tod upon lessee, covering vMulniclpal lessor following and Airport in the corporato limits of the City of Denton, County of Denton, State of Texas, to-Witt All that certain 2.714 acrd tract, or parcel of land situated in the 'Nilliam Neil Survoy, Abstract No. 870, Denton County, Texas; s a I J tract beirtg part of tract do sc be11b of d n deed Uvod `Records Denton as roeordod in Volume 305, page metes County, and uoundy as a I d tract being furth' described he re DI it by enton 6EGINNING, for the northwest cor nor of the tract being described heroin, at an iron pin set in the ground at a point on airport lands lying easterly IOU feet from existing north south taxiway, said point lying South 88°55' hest S59 50 foot from the interior, or return corner of said City of Denton that is the same and c:oinmoa to the southwast corner of tract described in deed to P. F. Bryan as recorded in Volume 427, page 183 of the Do od Records of UentoIn County, 'Texas; THENCE East 254.0 feet to an iron pin sot in the ground; HIENCE South 765213u" hest 452.0 feet to an iron pin set in the ground; THENCL West :6,1.0 feet to an iron pin sot in the ground at a point that lies easterly 100 feet of existing north-soutii taxiway; TIRSCE North 7°52'30" Last 152.0 feet to the place of beginning; as describit d in the plat attached hereto as Exhibit "A" an4 incorporated lie ruin by roforence, said ton so being for a term oc thirty - two years froin said date; and WHEREAS, it IS the desire of the parties thereto to cancel any release said loaso; NOW, THEREFORE, in consideration of the lessor's discharging tha lessee from all the covenants and obligations contained therein, to `bthe suabovle 1erdesa 11 cribetd his right, title t lie interlessee in do and hereby affective the day of 1983, and the lessor doel hereby accept Said release and surrender and hereby consents un; agrees to the cancellation of said lease. In witness whereof the parties have hereunto sot their hand= this the day of 1983, CITY OF DENTON, TEXAS HEXAGON BUILDINGS, '.NC. LESSOR LESSEE ITTEITTIUM-0, -J 'V 1 , 7jTy h- -H t y~ TIYERS GSTDI-w- PAt;E SOLO Y•' 117 . ~J ,1110 11191,0t I pit ON,11T (T~w H1BLMfl _.__.NhA'VT1 IIYIIN Op 910 lot i6hi W1111441u413 1 +uel 411011y 1I441 11y171 911Y!>D_~AV A,.LO171J'll ON 1 --,mn till U7 570 nu 3h 4141'0 44,11 ,1100 fvr.1.1' t4Nn0.1 .1'1111"AA 0,I.e v .4.0A.4.4p ''IfJV kY/fIL41 P41 I'll 140 I17.YJJ'Of r "0.1Yld /JVr'1" 1' 1 J [J , ~F1 711J LJ.. .,r 111 I 14 1 4 lr 01Yi 1 11+1 ~o lti~, ~ Y 11 a 1 `I 1Q3N N~111114 ~ 4 if%Z y 11~ 5451 "N Ii, 'A 111!, ?I 1'111,1 f~~l l'~~ 9 4 V r j~~J7}1J!/~ 41'(11; 'F`,~1 AJNJII /1 I ~ t f 1•~•1 h .1 v Ju 11011 InIP .1lIIIJ1AINJ Au Ju ; Iv Jay .vy1 nl I.I,IJ la1 p114 11111 .11P Ig1V pUIIIIA Jill tin JpC41 All lunlJU 1 4 an ur:. r'w 11 pJledald ann 111.0 11111 'rJi^41 110S.IAInk a4Jgl .0117 ...y, /,1 r 1': / :1' r 'A1lluul )I] 'Pill tl~nld ul I'1J a i'.4 Irr1 Apun 111 U1 •11rm IF1 /4 sa JJalp 1 f g111"ll N 40411111 r ',1 nllVl glnl.. 411,141 Shlylulxl 111 1aa1 IIUI AIId Iwe1 4.111 lolly PII I t f1 Ik 11~a174 4111 111 11 Ill11 unA1 uV ul IAAJ 111 '/Ito AA dJNJI 'pinto ld 4141 ul law 11111 uulI uv 4,7 1r Sol Irl a`r 411 It a /VV ""14 111011,14' Ill r41nI11W It, 1411NJp 1 1llll-• IILI.1111 •`.+I.. 41J JJ 1Jr) ~ v Y 4, 'puno IA 1.1 ul 141 411.1 ua II Ill 011 ,1111 II '1'I1 141',1 I l.u111 'Aural 'A WILIJ UPI IILIII Jo spJ U,IJN f 111.'41 .w1 1" iNI •1,pwl 1i1. ,04011 IPA p4pJ 11.1.11 m Urn 1N J J III ,1Jy 1I I 111.1,1 i11'll J1 1 uJ U4 Ivtng In^V 4111 III Ilwllune 1111' Jmr" wll vl ri ll 011111 1' A11'1 ply" 141 114114? 1111111 11 1/1111/11 011 y ~~J( r I 1110 II.f I'1 r r. 1 1111 0. I, nlH 111 11. 011 "111LL111W 1S 111111 f 'l lnnS 1411 t1a1'1 1j 11 I , •{J, n ' I1.11 I , ilI 11 • C_-~_..~~--~ IuIuJ IVIw 'A' - .it)1.0 a 0 7fA .~.J,1 1111 ll 1011 wI" It, I SII I aJ I NW IIIII (uIrl 1 FI /.1AILF''1 rf ! 1 111111 111411 11111 ILL 1.1 0 111 ]1.11 IIUI IJ'1Ir'I'1 ,IUTAI 11111. 1 11 I~. !f!'J .Y!/MfOJ l 1141111 1111 1.111...1 l ' 11 Yllw1 1'I 1111 411 Ian 11111 u 111 ur 11 1111) l.4 1'a 11111, 111 Inl•1 1111 Atli 1 1.111141 1 Iwnn111 lull tell IHJ '71111 n1111,4 g tl; a 1111 4 n wl J .,IU1111J 4r 1 11411 :11Jm 411 all 1,111 ILA J4 p.,q1 r1, Ill leq uUl '.Lilly I11n Ill rl ' 11, y 'd lunUl unplJll I n 1' '.~4~J14 111Jall .4111 p yl II'tl 1.1{ )VII lio 11I pol I IJJ rJI' 1IU 111J11 J" iti Ni11 1 11J 11110 Il 'L1 4w ap Inr.ll 111 n II!, P1`Ir. vrldl n 111 •11 II.I+p 111 14.1111 H PUa1,111 p1g1 U"L "11 Imll`11y 'eaA J01`11 L1gImPl n lllgl'w111 V1 _sJS,~ l11v 11',1111 111. '1 1'. 1,14IPJ 11 w1 lmll J1!I' 11 1'11.41 I V !Y r-I~rl ti 11 U14 N NII ,l7 AN11111 August 2, V.183 CITY COUNCIL AGENDA ITEM suj3JECT; Consider Contract with Freese & Nichols, Inc,, Engineers for 1983 Innovative Alternative Study for Wastewater Treatment Plant. SUMMARY; On June 30, 1983, a meeting was held with the Texas Department of Water Resources to discuss the possibility that portions of the pecan Creek Water Reclamation Plant might be eligible for classifica ion a ass having ncorporated "Alternative Technology classification would make the portion of the plant thus designated eligible for an additional ten ercent ftinding ram, It was under the EPA Construction rant rog determined that three areas of plant operations could be considered eligible if all criteria are met, In pOr0el010m0inaa lyt reviews, it has been estimated that between $1, $2,000,000 of the plant costs may be included in these: three categories. 'these areas are: 1. The reuse of plant effluent by the Municipal Power Plant for cooling purposes; 2. The production of methane gas from sludge digestion and its consumption by plant processes; 3. Land application of sludge for agricultural production. TDWR will require that necessary backup and cost estimates related to the eligibility process must be submitted to the Texas Department of Water Resources and they will make the ultimate determination as to the eligibility of each area of plant operation. is Since more for such innovative alternatives served" siswi will accorded on a "first come, imperative that work in this area be started as soon as possible. Since Freese and Nichols, Inc., Consulting Engineers, are the engineers for the Wastewater Treatment Plant recently com.,)feted and additional proceeds would be issued aitpa t of the grant currently thatdai contract for ane innovative suggested by the Staff alternative study for the wastewater treatment plant be executed. 2318U/1 FISCAL SUMMARY Po ible ReVenUOe $100,000 to $2000000 ($1)0002000 to 0-investment at 10%.) Costs Innovative Alternative Study for Wastewater reatment Plant-- $4,000,00 Source of Funds 624-008-04509101-9961 Secial ACTION REQUIRED. Approval of subject contract amendment to Freese & Nichols, Inc., in a not-to-exceed amount of $4,000. RECOMMENDATION The Public Utilities board, at their meeting of July 14, 1983, recommended to the City Council approval of the 1983 Innovative Alternative Study for the Wastewater Treatment Plant (contract amendment) to Freese & Nichols, Inc., in the amount of $4,000. Respectfully, K. E. lson Director of Utilities EXHIBIT 1 letter from Freese & Nichols Inc. 7/6/83 - I/A Funding Request II 'T'ask OuLline (Scope. of Work) III. Proposed Contract for Innovative Alternative Study IV Purchase Request- V PUB Minutes of 7/14/83 2318U/2 1 MINUTES ~ PUBLIC UTILITIES BOARD July 14, 1983 Members Pvesenti Chairman, Roland Laney, Charles Cryan, Edward Goomes, Leonard Herring, Marvin Loveless Chris Hartung, Bob Nelson Staff; Dave Ham, Ernie Tullos, Joe Labeau Others; Jon weist, Denton Reeura Chronicle; Joe McGeoy, Al Herman, Gilbert & Associates; Art Haas, Wayne Olson, Gilbert Berstein, Delbert Overstreet, Charles Hanley, Electric Rate Review Advisory Committee 1. CONSIQ~R M NUTES OF JUNE '43, L9$3, PUBLIC UTILITIES BOARD MEETING; Coomes made a motion that the Minutes be accepted provided they are revised to contain Chairman Laney's votes, Second by Herring, five ayes, no nayes motion carried, EMERGENCY AGENDA ITEM #1; PRESENTATION OF RESOLUTIONS OF APPRECIATION TO ELECTRIC RACE REVIEW ADVISORY COtMITTEE; Ma.rman aney a resse the committee thanking C em or their valuable contribution to the rate review process, . Resolutions of Appreciation were then presented to Gilbert Berstein, Art Haas, Leonard Herring, Wayne Olson, Delbert Overstreet and Charles Hanley, No Luther action was required on this item, 31 EMERGENCY AGENIM ITEM #2_; _CONSIDER RESOLUTION OF INTENT TO PROTECT AREA WATER SUPPLIES; Nelson advised the Board of the ounc s request to preserve and protect area water supplies, Gnomes so moved, Secondby Cryan, five ayes, no nayes, motion carried. ff 4. EMERGENCY AGENDA ITEM #3; CONSIUtK CONTRACT ADDENDUZZ1 WITH FREE NIGHOL6 IL NU. , 61vZKS, , F 83 INNUVAT ivE ALTERNATIVE STUDY FOR WASTEWATER TREATMENT PLAN'; Ham advised the Board that the City had been informed by the Texas Department of Water Resources (TDWR) that the Pecan Creek Water Reclamation Plant might be eligible for an additional 10% (ten percent) funding for certain portions of the Plant under the EPA Construction Grant Program, ham advised the Board that TDWR will require that cost estimates be submitted to the department, to determine if the project is eligible for extra grant funding, Finally, ham advised the Board that, since Freese & iviehols Inc. are the engineers for the Wastewater 'T'reatment Plant in question,the staff recommends that they be retained to . execute the cost estimate study, 2294U/1 A brief discussion followedn with case Board "Pre 41000 foe articular intent to pay Herring, he study, Cryan so motioned, Second by 0 ayes, no nayes, motion carried 5 t:CiEVE REpOR ' k'ROP G1LB8 T ASSOCIATES ON 1983 ELEC'1'R1G RATE; 5Tnavy resinsrmof othe iGilbertssElectricpRate tStudy, pre. m nary After reviewing the method"o used nth h rstedclassrmal reported that preliminary find g and that rate class SGS rates should be adjusted upward, a Herman rates should be adjusted downward, Futhermore, advised the Board th thethStudyrawould tebe n appr ximatelyou8% be recommended by osed rates would (eight percent), Coomes asked if the propose replied that be sufficient to cover debt service; resent and proposed they would Nelson presented Denton charged by Texas power electric rates with ratela presently & Light, Dallas Power & Light, Texas Electric Service Co., Nelson concluded the the City of Garland and Denton that theoproposed rates compared presentation by observing other area electric reasonably with rates charged by o companies, Herring asked for the Advisory Committee's opinion of the proposed rates, Haas expressed the Committee's reluctance to raise rates for the rate class R-1, but said he felt the 7OOkw followed, on that class estingtcobe too mbiningiaLL residential • ollowed, with Herman s Bug ugg inverted block f classes into one rate class, using trhe oduce alternative method herring asked Herman to p proposals for the R-1 class in the final report , A kbriief discussion followed, with the Board g requesting classes; '1"L, pproduce alternative rate prop T2, T3, D-D, R1, and SGS9 Nuthtby July 27,iu1983, another preliminary report be presented with the f inal report to follow on Augus ntl0, 1983 and tthe he meeting final presentation to be made in a jo Board and the City Council on August lb, 1983. Herman agreed. No futher action was required on this item. 983 RECOM4ENDlNG THE kierLman rbriefediA y CONSIDER R WASTEWATER RATYS~TUDY OF FOR the Board on the Gilbert Associates' proposal for the rate study, concluding that total project cost would have to be cost increased from $15,000 to $19,000, cHerring asked why ro proposal. Herman had risen $4,000 since the earlier p p replied that the expenses were underestimated in the on anal proposal, and that the original proposal est GilberteAssociates was figure, stratightforwardtifirm, 2294U/2 Q SIMON W. FAK"IL P.L' JAMER M. HICHQ", P-& R09E1tT L, NICHOL$- Pl. "r 9 FREW, P.E, ROIEWT 6. OOOOH, P.E. I ny, ROBERT I. JTHOMPSON III. F'A: F R G S R I I d S l C H O G S , • l Y' JOE MAPES. P.E. C Q S V t T I N O N Q I N t7 R S W OCIC C. NT. PE, ELVIN 0. COP9LANO. P.E. JOHN H, COOK, P.E, July 6, 1983 T, ANTHONY REIO, P.E. GARY N PEEVES. P.E. f Mr. C, David Ham, P.E. Assistant Director of Utilities City of Denton llunicipal Building Denton, Texas 76011 Re, Denton II YTP Expansion i/A Funding Request Dear Dave; At our meeting on June 30, 1983, with Milton Rose of TDiYR, we learned that there was a possibility that the. City of,'Denton might be eligible for a grant increase for a portion of the Wastewater Treatment Plant Project on the basis of certain facets of the plant's operations. A memorandum discussing this meeting is enclosed, On the basis of our subsequent discussions, I am prepared to coordinate the preparation of a request to TD111R for additional funding as outlined in the attached Task Outline, This work will be performed with compensation on the basis of a cost multiplier, per the attached schedule, with total fees not to exceed $4,000,00. As the timing for this request is of the essence, I will begin immediately to compile the required information for this request, If you have any questions regarding any of this information, please call, Respectfully, FREESE AND NICHOLS, INC. 4 ; o4/-4,z Coy M. Veach, P.E. C11V;mg Enclosures Y E L L n w 0 N E 0 1 7 7 6. 7 1 6 1 9 1 1 L A Nt A R S T R C C T F O R T W O R T H T E X A 5 1 6 1 0 ; Task Outline I/A Funding Request City of Denton, Texas I, Ganera'i Information Required A. Obtain present city population B. Determine WWTP plant design population. II, Effluent Reuse Prospect A. Determine quantity of plant effluent to be used by the power plant over the life of the power plant (City of Denton), B. Determine proportion of WWTP plant capacity to be used by power plant, C. Determine cost of the "liquid handling" portion of the plant and prepare an item/cost breakdown for review by TDWR, D. Determine 100 of prorated;'cost from B and C. III, Methane Reuse Prospect A. Determine quantity of gas produced. B. Determine quantity of gas consumed or burned as waste, C. Document commitment for future productive use of the gas to consume 90% of the gas produced (City of Denton). 0. Determine proportion of gas consumed to prorata cost if docu- mentation is not satisfactory to TDWR. E. Determine cost for the "solids handling" portion of the plant and prepare an item/cost breakdown for review by TDWR, F. Determine 10% of prorated cost from above. IV. Land Application Prospect A. Determine total acreage available for sludge disposal/ agricultural use (City of Denton). B. Determine application rate for sludge (City of Denton). C. Determine adequacy of acreage for sludge rates. 0. Determine cost as per III E, F. V. Compile Data and Write Narrative Description FREESE AND NICHOLS, INC. Schedule of Charges Special Services Staff Members Salary Cost Times Multiplier of 2,3 Salary Cost is defined as the cost of salaries of engineers, draftsmen, stenographers, surveymen, clerks, laborers, etc,, for time directly chargeable to the project, plus social security contributions, un- employment compensation insurance, retirement benefits, medical and insurance benefits, bonuses, sick leave, vacation and holiday pay applicable thereto, (Salary Cost is equal to 1,39 times salary pay- ments. This factor is adjusted annually.) Other Oirect Expense Actual Cost Times Multiplier of 1,15 Other direct expenses shall include printing and reproduction expense, communication expense, travel, transportation and subsistence away from Fort Worth and other miscellaneous expense directly related to the work, including costs of laboratory analysis, tests, and other work requires to be done by independent persons' or agents other than staff members. June 1982 MEMORANDUM TO: Elvin Copeland F1 le FROM Coy Veach DATE: July b, 1983 SUBJECT: Meeting with the City of Denton and Milton Rose of TDWR Additional EPA Funding for *JTP Project On June 30, 1983, a meeting was held at the City of Denton to discuss the possibility that portions of the Pecan Creek Water Reclamation Plant might be eligible for classification as having incorporated "Alternative Technology" in its design, This classification would make the portions of the plant thus designated eligible for an additional ten percent (10%) funding under the EPA Construction Grant Program, This meeting was attended by Miltor Rose of TDWR, Bob Nelson, Dave Ham, Howard Martin and Bob King of the Cicy of Denton, and myself, At this meeting Mr, Rose outlined the qualifications for classification as alternative technology and suggest that three areas of plant operations could be considered eligible if all criteria are met, These areas include the reuse of plant effluent by the Municipal Power Plant for cooling purposes; the production of methane gas from sludge digestion and its consumption by plant processes; and the land applica- tion of sludge fo- agricultural production, Because a portion of the plant effluent can be pumped to the power plant as cooling water, the "liquid handling" portion of the plant may be eligible for I/A funding, As only a portion of the effluent is being used, the percentage of the plant eligiblity will be based on the ratio of effluent used for cooling to the total permitted plant capacity. The amount of effluent used for cooling is to be based on projections of future effluent consumption over the life of the power plant (20 years), The sludge or "solids" handling portion of the plant may be eligible on either the basis of the land application of sludge or the production of methane gas for use in the plant, Eligibility on the basis of land application of the sludge may only be considered if the sludge is used in conjunction with agricultural production. The available acreage and sludge application rates will be considered as will be the implementa- tion of a plan for agricultural production, Sludge may be applied at the present as a soil conditioner without the actual planting and har- vesting of P. crop, but the land must have a productive capacity in the future, Although eligibility is based on the application of liquid sludge, drying sludge beds and equipment for handling dried sludge may be considered if those are documented as being used for backup during wet weather conditions, Memo to Elvin Copeland July 6, 1983 Page Two Eligibility on the basis of the production and consumption of methane gas was also discussed, The solids handling portion of the plant per regulations may be considered eligible if 90% of the gas produced is consumed by plant process, If the plant is not presently consuming 90% of the gas produced, it may still be considered eligible if documenta- tion can be provided that indicates that gas consumption will increase to that point in the near future (within 5 years), This increase in consumption may be due to increased loads from increased plant influent or additional productive units being installed and placed on line. If the plant is not consuming 90" of the gas produced nor can a documented commitment be shown, this portion of the plant may be pro-rated on the basis of gas consumed to gas produced Items eligible for consideration may include any items related to the eligible process that can be shown to be necessary to the process or its monitoring, Mr. Rose pointed out that any item which is believed to be eligible should be submitted with its;'cost and description of why it is necessary, and that TDWR would make the necessary determinations of eligibility. He also stressed that this additional funding could not be requested after the project has been closed out and they do not wish to delay the close out of any projects, Money allocations will be on the basis of first come - first serve, Request for consideration of eligibility for I/A funding should be in the form of a letter to Emory Long with all required backup data at- tached (copy to Milton Rose), He stressed that submittals need to be simple and that he felt most of the required data should be in existing files. He stated that the semantics of the request were most important, Cost eligible include not only construction cost, but engineers fees for both Step 2 and Step 3, As the project is under contract, they would like to have a letter from the contractor on the price breakdown of items not covered in the payment estimate breakdown, The City of Denton has asked that I coordinate the effort in compiling the required backup data for this request and David Ham has asked that a letter be sent to there outlining compensation for this work on the basis of a multiplier with an upper limit, I estimate this will require about 36 hours not including any typing or related expenses, but would suggest doubling this to insure are do not exceed the upper limit. CV/jd 1 11 f \ I' l G Il11 L' L* I GI:IILRALI11:0 CLASS IfICAI1014 01' 111110VAIIV1: Al ID AI.7I.willo Vl: 1i:C1IIomw AI I I. t,ltlrl I'll III 111101,10!`,~V frURIIfIIIR1 (pll(klA Slott: lfll+lly I'lootOtto Illllhl nl 11et1'i~'nl End Lit 11 /rIfluclll lrealrcn( lnrly iprl irvl r1 1.... _ lard Ii ca lrw I( (n. III spusal 111 ityli ler r(•O,ai ye ,GIIIyr Iwl Ielns0 • alWarul till 0 Jna Cl nh V( dlyr',l leis vl(ul IV, I Nill, .9W mrlhdrlP lnprOVCA GpCralIona l s l l d 14 CI ( l'use IP(nrell. rrlldt!i111y r Furl lcul,abl(') ~ u'If•Sulta leer) lr.pr o; rd Appl scat lOnS ImprnrCd for l(5 ;401, I, lulu nu leer JllLl1 r cif 1.11 C 14 l Ive Icr,hnnl04r re rryCl al loos nl Any 6(111(1 la) Incr tat C1.' envtrun• dirt,rl~ed land In1lt rld 111 Awl r"• rrs,ltl LCnPf II ny. !'.I rrvtl J01nf UCtI• (1mtJ loss (Al I'lnds Sale t,; SlCI • 11 t'a CrG r,l and :!,I a', +r~' I'(IP'111D1 pnor lu land cl,•st le rr2IN a rip ll:JllFn Sl'pIa':r !~0!lmenl r prIs aI ! rSI wlt !rr,l(. d1111nAII„ 'Dl• Ir•;,IIIC InPis l }o, ltnu rr•_Ir'~,~9 L.; r,nr'lril Sludyr Isj -II!ICS I l[[ l - ` l on • Iand appll(atinll LOAN pnliana r tdu[ t . (pupcyl{rig pr lnr to [Amrpls u4t In lane 11,101 Icallor, cotfgy Icducllon • dlyluy prier l0 IluSl Ilett lnd aPpll(atVon [nsl nr lnery a `y(OllytIO I l hdt (Wk II II Of (11111 V.1111 it IPt'sl 1-1 61'nrraI ly der fined Ik io loN 1( .11 a 111) l(al ahr,..IeJl In nl 0 Sr1 wtt11 11111'11 I'll i at Dslip rle 4151111 qeS In SIII IJII' n011.15 TABLE A-3 LIST OF FACT SHEETS Fact Page Sheet No. Title 1,1,1 Force Mains, Transmission A- 14 1.1.2 Lift Stations, Raw Wastewater A- 16 1.1.3 Sewers, Gravity A. 16 1.I,4(A) Sewers, ,)ressure A- 20 P 1,115(A) Sewers, Vacuum A- 22 1.2.1(A) Aq-,culture - Water Hyacinth* A. ,4, 1,2.2(.4) Aquaculture - Wetlands* . 26 1,2.3(A) Rapid Infiltration, Underdrained A 20 A- 30 1.. 2.4(A) Rapid Infiltration, Not Underdrained A- 32 1,2,5(A) Land Treatment, Slow Rath, Sprinkler, Underdrained 1.2,6(A) Land Treatment, Slow Rate, Sprinkler, Not Underdrained A- 1,2,7(,4) Land Treatment, Slow Rate, Gravity, Not Underdrained AA- ?6 Land Treatment, Slow Rate, Gravity, Underdrained 1.2.9(A) Overland Flow, Gravity, Not Underdrained* A. ar 2.1,1 Activated Sludge, Conventional, Diffused Aeration A- `1,1,2 Activated Sludge, Conventional, Mechanical Aeration A. aF 2.113 Activated Sludge, High Rate, Diffused Aeration A- c. 2,1,4 Activated Sludge, Pure Oxygen, Covered A. 5 5, 211,5 Activated Sludge, Pure Oxygen, Uncovered AA- 2.1,6 Activated Sludge with Nitrification .c 2,1,7 Bio-Filter, Activated (with Aerator)* A- c~ 2,1.$ Contact Stabilization, Diffused Aeration 2,1,9 Oenitrification, Separate Stage, with Clarifier A- 2.1.10 Extended Aeration, Mechanical and Diffused Aeration A- Fc 2.1.11 Lagoons, Aerated A_ 2 2.1.12 Lagoons, Anaerobic A 2,1,13 Lagoons, Facultative A- 2. 2.1,14 Nitrification, Separate Stage, with Clarifier A- 1,15 Oxidation Ditch A 2.1.17 Phostrip* 2,2,1 Biological Contactors, Rotating (RBC) A-% 2,2,2 Denitrification Filter, Coarse Media A- r` 2,2,3 Denitrification Filter, Fine Media A- 2,2,4 Intermittent Sand Filtration, Lagoon Upgrading A' =C 2,2,5 Polishing Filter for Lagoon, Rock 'Media A-6 TABLE A-3 (Continued) Fact Sheet No, Title Pane 2,2,6 Trickling Filter, Plastic Media A- 84 2,2,7 Trickling Filter, High Rate, Rock Media A- 86 2,2,9 Trickling Filter, Low Rate, Rock Media A- 88 3,1,1 Clarifier, Primary, Circular with Pump A- 90 3. 1.2 Clarifier, Primary, Rectangular, with Pump A- 92 3. 1.3 Clarifier, Secondary, Circular A. 94 3. 1.4 Clarifier, Secondary, Rectangular A- 96 3.1.5 Clarifier, Secondary, Nigh Rate Trickling Filter A- 48 3,1.6 Dissolved Air Flotation A-100 3.1.7 Filtration, Dual Media A-102 3.1.9 Flow Equalization A-104 3.1.10 i,lixing/Chlorine Contact, High Intensity A-106 3.1.11 Post Aeration A-104 3.1. 12 Preliminary Treatment A-110 3.1.13 Pump Stations, In-Plant A-112 3.1,16 Screen, Horizontal Shaft Rotary A-114 3.1.17 Screen, Wedge Wire A-116 4,1,1 Ammonia Stripping A-118 1,1.2 ARRP (Ammonia Removal and Recovery Process)* A-120 4.1.3 Breakpoint Chlorination A-122 4,1.4 lon Exchange (for Ammonia Removal)* A-124 4.2.1 Lime RQcalcination A-126 4.2.2 T%o-Fcage Tertiary Lime Treatment, without A-128 Recalcination 4.3.1 Independent Physical/Chemical Treatment A-130 4,4.1 Tertiary Granular Actiyated Carbon Adsorption A-132 4,4,2 Activated Carbon Thermal Regeneration A-134 4.4,3 Ozone Oxidation (Air and Oxygen)* A-136 4,511 Chlorination (Disinfection) A-138 4,5.2 Dechlorination (Sulfur Dioxide) A-140 4.513 Ozone Disinfection (Air and Oxygen) A-142 511.1 Alum Addition A-144 5.1.2 Ferric Chloride Addition A-146 5.11 5 Lime Clarification of Raw Wastewater A-148 5.1.6 Polymer Addition A-150 5.1.7 Powdered Carbon Addition A-152 A-7 TABLE A-3 (Continued) Fact Page Sheet No, Title 611.1 Dewatered Sludge Transport (Rail) A-154 A-156 6,1,2 Dewatered Sludge Transport (Truck) A-158 6,1,3(A) Land Application of Sludge A-160 6.114 Sludge Landfilting -Area Fill A-162 6,1.5 Liquid Sludge Transport (Pipeline) A-164 6.1.6 Liquid Sludge Transport (Rail) 166 6,1.7 Liquid Sludge Transport (Truck) AA--166 6.1.8 Sludge Pumping A-170 6.1.9 Sludge Storage A-172 6,1.10 Sludge Landfrllinq - Sludge Trenching A-174 6,1,11 Sludge Lagoons 6.2,1 Co-Incineration of Sludge, Sludge Incinerator A-176 6.2 .2 Co-Incineration of Sludge, Solid Waste Incinerator A-178 A-180 6.2.3(A) Composting Sludge, Static Pile A-182 6,2,4(A) Composting Sludge, Windrew 6. 2.5 Incineration of Sludge, Fluidized Bed Furnace (FBF) A-184 6.2.6 incineration of Sludge, Multiple Hearth Furnace (hIHF} A-186 6,2,7 Co-Disposal by Starved Air Combustion* A-188 6,2,8 Starved Air Combustion of Sludge* A-19o0 6,2.9 Sludge Drying 6.3.1 Centrifugal Oewatering A-144 6.3.2 Drying Beds, Sludge AA-_1196 96 6.3.3 Filter, Belt A-200 6.3.4 Filter Press, Diaphragm A-202 6,3.5 Conventional Filter Press A-204 613.6 Thickening, Dissolved Air Flotation A-206 6,3.7 Thickening, Gravity A-208 6.3.3 Centrifugal Thickening A-210 6.3.9 Vacuum filtration, Sludge A-212 6,4,1 Digestion, Aerobic A-214 6.4,2 Digestion, Autothermal Thermophilic Aerobic (Air) A-216 6.4.3 Digestion, Autothermal Thermophilic Oxygen (Oxygen) A-213 6,4.4 Digestion, Two Stage Anaerobic A-220 qe Thermophilic Anaerobic A-222 6. 4.5 Digestion, 'wo Sta -222 6.4.6 Disinfection (Heat* 24 6,4,7 Hear, Treatment of Sludge AA_-G224 6,4,3 Lime Stabilization 7.1.1(A) Aerobic treatment and Absorption Bed A-22S 7.1.2(A) Aerobic Treatment and Surface Discharge A-230 A-232 7.1.3(A) Disinfection for On-Site Surface Discharge I A-8 1 1 1 1 TABLE A-3 (Continued) Fact Sheet No, Title Pa?e 7,1,4(A) Evaporation Lagoons A-234 7,1,5(A Evapotranspiration Systems A-236 7,1,6(A Septic Tank Absorption Bed A-238 7,1,)(A Septic Tank Mound Systems A-240 7,1,8(A~ Septic Tank Polishing, Surface Discharge A-242 1,1,I,A) Septage Treatment and Disposal A-244 7,2,1 In-the-Home Treatment and Recycle* A-246 7,2,2 Non-Water Carriage Toilets* A-248 NOTE; (A) Denotes process and systems identified in the Innovative and Alternative Guidelines as Alternative Technology for incentives under the Clean 'dater Act of 1977, Denotes processes which have had limited use as of 10/79, V A-9 a I INS n ,000 + t,xANNtj AA D tIf Yr oolI 1/nr_ G4( 10101~.. Irmo .}0111 f' OA'V'. n.l t_ 0.., flT iN/A I, tC~111(T( 0A I!A 'FC`INOt06y t wAAOCO (9 :NCIUON6 JVIt iCA~ btlll0NG, ►,StO tS ING, 100t NODiJIC.trIDNrA ItACtM( ~St.N.O~. w:CMwVItT(D 'GRNS O (C' C IN QAMATION MARI+IGNGUst, S((6/R40110( t, , CNCINNCJ, 0N10 491661 1 u l i G d i f e K ly4 lnq 1 , 1 1 1 4 W l1119 •r lm pVrSlMnl 115 ^o rvti Stdi/ +^tlvOlnq i1f14 1lSt+^0 't'~Our50^ylnt IS SO 1 iOVrCI PrOpofPd nr htr fvtmenl Ot +rityalnrl If n OQy "t yes w^0 fetid Its IIn only 010 this project rVctNt nsQn0inq priority in Inf 51411'11 y5 "'^0 Y OC% coalf,c4lionfrlVII(efnl Orlority list Jvr to uvt Of l/A t11C111101090 ;w(p IPAROPRIAi( 610CKISi SltU4, IF APot:C;W, M ICA1( of CYCit C S i~Y h -el CC+avAAIQ r. 'y r 'jS1 cQNV(NtIONAt I(CHNQ1QGY :DMPONCNI'S IM TOT AI PR(S(NI If S rilr Ietk'(SS S.tSIS Cfflyfol ?v 11n"on W1111IN401% 900 (nrl r RfclrrerY ~•19A Pressvrl SMrs/ x "Ij.tr fre4lTfnt b StOr3gv orsnoer v«A0 vw att 'va^4 Pryor to tuna 14 COOISCOS41 4( ;1Udgr C-06 rtssure S4,eer5/ . Appl lC Jt StM1S 4n at too it plgt St 1011 41111 ST(P ACp uJJllo^ Methant Recovery ^•19C 'Ntua+ Sewers Olb virrIAn4 flow Z•10 0rIf a001Ican on S Ylttr ~ 41C 140)4 :no' (pit ton r"1 Jtnont l'~•l6 elr ,SU Sl4,n,Aq tnClnfril On d •19o s,4 11 I an* 2•;overv4 tntrgy Grlv+t) a wer$ w2 Wu1'fr 0 e4 nlr4e ;gent Sly r~ .20 IT MI R. than 116, 4OV4 cv ltvrl , i !nd lv lduul t :n. U II a ~4 S+I v+Cu l tvre land +00114411 On ?,re;l lfus11 •1. '.anoos n nq Prior 14 +eo I,n Y,~S n:^ :0i4t ItI Ld^4 AQPI lcdt ion 6 ` .11 M•i+111 41!1 i,. .w , Hprl+t Vllvra ~•iS vrY 1^Q ir,Of IreAta•fn( 40 ~1 .16 S, of agf tredtwt ~.C! teyegttalycr Or in application 3 715ivrttd tind tt 04S trf :'1fCRYat ON R[ v i7. + e fcNO[: AS ','iNprA1; 7 ;MC t 1nt APOROPRIAlt aI00,5 dtd., 00 IgQvlot 't •01 }Ign,Picini, 1,fa cite! :OSt uv,ngs, Sofeiry savings n yotal Present vor%h 1141 i4r5 S And 5 ,n tt XO<e5t 041lf1 Ino In S Iv nit proms :11sS ' r- 02 Wort tot101rit ii! Of !^!•gy~ oer 7T) SAr 1691 At 00%Ign flow In tw nl yr .C} "to if fMt vet df otter rlloertts, I.1, A.Incover, 'ntlAlt JIS, IAno 11114• +OtC Y "!1 urtf L- 44 it(il+wing, 'tv St Of r4ttrt IIIM%A/tl 4154 ht rqf of POllytanls; rtCyt la Of ,4510waltf COnS lieu n Si COn o rd Of P011v1aA11, ;-otclto or new Joint Tunicito it os Ir5AI K4 $t# (rtttr+fnl A4nlgf'0ent ItCnnlout S. for grunts of 164-tc41t ovItVPq tit ;,A tICMOIOQy, Ststrlat thf,YAlll ley ivolf+tiltont +^C lud+nq .nf lner 1111! 9ro;e<l 't 'Or vtgr a0ing, nssoft: •^Clv+nq 411 dt ikieil v oct45el for lIgVld ar rtS50u4I Oroct551nq IIIOC N 1. identify }litl all unit M om sti , ly5tt~t4. ma su0tyllmS, <CTOCnlnU , 4543 tgVip,lAt tr.ll aft Ol to r+~into to of 1nnOVAnve or Ilftrnltlve. for Inhovatlyt ttchn,)IOgy, 1rC vct sv.,"4rv of r•5t Ilsosv nl •411OA4It ino tohtflts to oe ichierl4, to Ado+l,oei, !or I told , teitimof nt% IOsvei0lflr lthe fiel4C tttl`On4 rein iCmclva Rr9 CCWOOAInts 110 011 tlstf4, 141 114N, t:Jit Ina Curat,on Of Istynq, otriormancf ;hints, %bcriar•II rtsvlIs Of the pity Or Tlrco tralvdllon +ntivd51Nq dice of fpilvre +Itd < moonenti, otr/C1-anr.t SLeC " •C atrCns not Tet, r +eltssary, le tyrrse n4f Of 'Or^• Population: Present Land treatment system; and App) ied Sludge: Acres under irrigation r Total acres application Total Acres I r 1 it ~ /1 J Innov .1k1' phi 'may r, N~y'.:l~h'1r• _ Il i ^ A l t 1 t r. I ftUlli ANO R11"LATI014S 44020 the technology with accepted "baseline" wveloped thisooteral Frog am! strut uire due toeun"I'La mpe tYdlln this area ments 11'e Proposed criteria to Identlfy In. , created technology enc' sill 0 V too Section 204ta1t61 of the Act starts in writ coin novative projects on April 25, 1918, v ri PC] is roccss parrt t, that no grant bid projects shall specification for . tip a ostgn!( on o n ' ten in such a manner as to contain They beoomo effective In final form i,t Akin 10 on October k 1918, vativ tee no o" a Ie s r s. lass In yids proprietary, exclusionary or dtscrimr a ed be we ° ,c~£t~e-f sZ+. a pro eels may be determined to be natorY requirements unless such re• )cc eta oat n as s o those crlt • trtrlovallve on the boils of their conic. jemonstraleaa speolfle process or tech. r ere rvt0 mance with the criteria set forth in ordln& it is ~Oatlb : e. s ' cri to -10 Ald ere ap• section 8 of appendix E, 111q 111cluo at v ec cations ma to ,o sir ' v Vq al Or As slated in para6•raph 8.a. Of apPen' It en pro, dix E, the Regional Administrator For these reasons, the reference to may consider local variations in goo' Innovative technology has been den g-whio or climatic conditions which providspoee e su e sa nits a ssarv that-such. ra o leled from ; 3S,9o8(b)c3>, Fusible per. affect treatment plant design Or OPer• emonstrate a s e ^ d are tions of projects that received step 2, ation In making a determination on In. ng 3 and pro. step 3, or step 2+3 grants alter Den novative technology projects. Thus a gram requirements memorandum 15-5, comber or reallott27,ed In 1911, listsl from year funds 1918, all may Mis ed ar Ica 16 which Implements this section of the or real ered v v zelor4, 1100166'r . 1i1+ still recefee grant increases from [ands Act, to clarify this point, ly', These new program provislons neces• allotted for fiscal year 1919 If they ossib le that a novel combinatton minor revision to clause ?teen meet the criteria for alternative tech4 of processes and techniques, which inn sslthalared ed a illly of the engineer) of appen• nology In appendix E. This rxtnnsfon divldually may not be considered Irmo. dlx C-1, We have changed the refer. of gm t Increases to certain alterna• vative, could quallfy a project as Inno. once from "advanced" technology in tFH-e technology prolects is based upon Native it it can be demonstrated that 135.908 to " lIWoygtll'9" technology. the fact that such projects provide for the project contributes to the advance, Regulatory chiLnges relating to triri0- the reclamation and reuse Of merit of technology and otherwise votive or alternative technologies ara wastewater and wastewater constitu• achieves the basic objectives of the In, made in 11361908. 35.917.1td), 35.930• ents or recover energy' in accordance novative and alternative technology 6. 35.936.20, 35436-13, appendix A, with the principal objective, of thu Inn provisions of the Act, section 1, appendix C•1, clause 2, and novaln•eralternatlve technology' PVO1'i• In accordance with the above discus' appendix E slons of the Clean Water Act. Further slop, it is not passible to specify how more, designations of these projects as many projects of a certain type may 114DIVIDUALSVSTMIS alternative technology prolects do not be approved before a particular tech- Section 14 Of the 1911 Act Authorizes In any say depend upon a baseline nology is no longer considered innova• grants for privately-owned treatment comparison wfth olher technology as tfve. Furthermore, because the Innova• works serving one or more principal is the case wit'n innovative technology. rive/alternative technology program residences or small commercial estsb- Also, allowance of supplemental authorized by the Clean Water Act IJshments constructed prior to and inn grants for alternative projects avolds presently extends only for 3 years, It habited on or before December 27, possible delays In applications for will often not be possible to verify the 1971. These systems are intended to re- grants and helps Slates use their in, performance of certain innovative abate an existing water pollution or rcent cares for the 10•p579, grant inn processes and techniques through public health problem A public body crease In fiscal Year actual operation during this 3-year (municipality) must apply on behalf of he end result of the he Agency's post. erlod. For these reasons, as stn.ed In a number of such units and certify Lion Is fairly simple, Wp wilt LUXsin paragraph 6.d, of appendix E, It Li i'.s that public ownership of such works is ma nsnnt .rants fir innnea• Biblpe to fund a rumbar of projects not feasible, The public body must cer• ve ro r e le be 3 n sea s Project using the same type of Innovative lily that the treatment works wti1 be L ono a farnail\'e trrhnoi0t;5 technology where the potential bone, properly maintained and operated. "11 1 received 75•nerc~nt grants a l • tits are great in comparison to the r, iGA~ rharees are reauirss! for cost of off' 4 m (tin s a lot risks. O era on d aI tenser comma.. We also received comments on the ct users must pay ack the Federal May re roo owed for SC A year relstlonship Of Patents and bid speclf;• share of the cost of construction with race v e a percent an Tincro ue , cations to innovative technology. Spe• no moratorium during the Industrial Tom71'sca 'ear tj unas, olflcally, these commenters were coin cost recovery study, and the 25,000 rum er o nits were re• cerned that patent and bid sPeclflca• gallons per day exemption does not celved as to whether a particular tech' tlon requirements may restrict the un• apply. (5ee discussion of industrial asked ed is Inno• nokogy or piece Inquiries equipment vatfte. S1mEler inq whether POgy enlation of innovative technol' that r^co-v0ere'rlt aonad)nongkoaemmeintal uA would certify spec file processes tu a titles such As and techniques as Innovative, Other The patent requirements applicable insti r related questions asked how many to construction grant projects are con. urches schooLs. 1 soita)s an _ Part limes s technology could be funded its presently CreRt a ng30these reguJa itT1~S SLed rg au Ors v rneouo r through the construction grants pro rnn•.mr+r• gram before It ceased to be Innovative, tfons to determine their Impact cn In, a t a e small i p Zc ..Ile In considering the response to these novatlve technology projects. If, as a b c s •e fecuv questions, It Is tmportant to note that result of this eysiustlun, modification select the Agency has not In the past adopt. of part 30 appears to be advisable, h section inter a to be utl- ed uniform standards or specified such modification will be proposed Med to construct alternative or uncon- processes and designs to be used In separately at a later date, Otherwlse, ventional treatment works for Individ• ant wit ents app ect to u made onrajcase•by*ccase basis inrac ordg tlrmo ativertecl not gY willhbeoefparifled dencos.Alternativesctnclude. b1utest, once with broad evaluation criteria den by Agency guidance to insure that no not limited co, septic tanks and subsur• FEDERAL AEOISTER, VOL 43, NO. in-WEDNESDAY, SEITEMItR 27, 1976 I5 AND R901JILATIOW ' 44088 proptiAt@ portions of Parag►aDh4 A,9.b, L l) a• Where work lot the design step IS emen- C. WN►O4cEMMI and (2) of 1114 aPPrndlx, dally continuous from sleet of design to bid' 1, Refusal by 4 Vrtsulting engineer to 14) Cci p(us o treed let tprortQ. All direct dtttg, and bid opening for step 3 construe' insert the required access chose, or to allow costs, overhead, and other indirect costs tlon occurs within I Year after sabatanll►l access to its records, or to renegotiate a con. claimed will be auoiled to determine that comPletlon Of step 2 design work, the total suiting engineering contract Accord4:1 to they aro reasonable, 411ow0le, and properly "w'able contract cosu (or grant Payment the foregoing requirements, w41 render I supported by the consulting engineer's rec. MAY net exceed ar, amount based upon the costs incurred under such contract un• ords. The amount of fixed lee w1II not be low, responsive, responsible Old for cons(ruc• Towable. Accordingly, all vlch costs will bo questioned unless the total compensation lion. questioned and dlsaltowed pending compll- appcare unreasonable when evaluated as b. Whore work (or the design. slap is not ounce with this appendix, cording to paragraphs A.2.b. (I) and (2) at eseentlally continuous from slut of design 2. Whore the Regional Administrator dr• Lhta oppend'x, to bidding, or t year or more elapses be. Ierrnine3 that the time required to comply (6) Fired puce lumt+ sum contracts. Cale' lween substantial completion of step 2 with the access to records and type of con' gory 9 and C records % ill not be audited. design work and bid opentng lot step 3 On, tract provisions of this appendix will unduly The contrut amount 4111 not be questioned structlon, the total Allowable contract cash delay award of grant AsatAtiri he may unless the total compensation appears unl for grant pay'mont may not uxceed an award the grant suislancu conditioned reasonable when a ,tousled n ucordiii amount based upon the lower of: upoli compliance with this Appendix within I with appropriate portions of pua¢t'aphs (I) The consulting engineer's construction a specified period of time. in ruch event, no A,2,b, (1) and (2) of this appendix. cost estlmata provided at the lime of such grant Pas-menu for the affeetrd engineering c. If an 0greerri Covers both Mrit•e11►i• substantial completion Pita An escalation of work may be made -,ntll such compilapce ble and lnflivible work, access to records this construction cost estimate of UP to 5 has been obtained. will be exrrclsed to the extent necessary to Percent, but not to exceed the consulting (rArrrteolx E.^INNOYAtIYL AHD ALrL aNATIYL Allocate contract wort or costs between engineer's total comperuatlon based on the work LTAnt•flicibte for title If coriskrUCtlon low, responsive, responsible bid (or constue. TYCHMOLOOY 00011,4Nrs grant assistance and inelU¢ibie work or cosu. (ton, or I. Purpose. These guldehne l provide the d. Under Agreements that use 060 or more (2) The consulting engineer's corulruclnon criteria for IdcMill,ing and evhlualing trio' methods of compensation. eu;h Put of the cast estimate provided at the time of such vatnve and Alternative waste ''Ater !real. agreement will be separately audited accord. substantial completion plus a consulting en. ment proceues and lechniquer, The Admin• mg to the appropriate slbparaicraph of glneer's com"it ion esclatlon not to istrator may publish additional Information, pua¢raph tbN2) of this section. exceed $50,000, but not to exceed the con' 2. AulAonly These guidelines sure pro' e, Any Audited firm and Lhe grantee will 3Wting en"oers total compensation based vided under section 304(d)(3) Of the Clean be afforded Opportunity far al, audit exit upon the low, responsive, responsible bid for Water Act, conference and an opportunity to receive construction, hly, These guidelines enD1y to: and comment upon the pertinent portions c. Where the loo', responsive, responsible 5s, . IThe an►pp11cu6ilysu of innovative and tern►• of each draft Audi, repot, The lined audit bid for construction would have resulted in tW! ealhnent prontnov and said k1 gees i! report will Include the written cotnmenu, if s hither consulting engineer's total eompen Uhder f 35,911.1( )LB)I Any of the audited psrues in Addition to cation than paragraph b provtoes, the Rol b, Increased ge its for eligible treatment l those of the aDPropnAle Stara andior Fed' teasnable s4ditionai ompe~tion for cider works under 14 3f P30-rtbl and (c) and oral AcenC3'1Vesn' dating the plans and specifications, revising 36.908(b)i 1); c, The funding Available for lnnovulve e. TSTL Oil COHiRar-r cost estimates, or Sitnllar services. aUnd tlChNqueS 1. The percent aif e•of "Fistruction•cost d. The IhnitaLlols of Paragraph 86 apply And under 1 We3mrnfillve e processes A type of contract. And the multiplier con to all grants ►w'►rded under subpart F d. The funding available for altematlves tract, where the multIrher includes profit, except Ihat- to conventional treatment works for small nil 11 the Regional Ad,nlnlstrator had convnunilits under ¢35,915-I(e); may not I used for step 1 or step 2 work made fined payment on A project before De. C The ,:ost ef(eCthvness preference Chen ted Iv Ve alterJune 30. I when the step ceinber 11, 1975, the limilatio,s do not 1 o or r step 2 Brant ts awr,rdlded ed after June 30, Apply„ and Innovative and alternative processes and 1915. (A multiplier type of compensation t.2) For other protects on which construc• techniques in sectlon 1 of appendix A to this may be used only under acceptable types of tl0n for the building and erection of a treat subpart; Contraeu; see 40 CFR 35.937•ild:.) f, The treatment works that may be given 2. Step I and step "work performed under men( works % as 1AMAted prior to DeCennber higher priority on Stale project priority 11, 1976, the llmllatlons do not apply to any' lists under 435,916(4)1lMWh act, t type re request for engineering lee increases attrib• It. ARarliative and innovative treatment the Derca and thef oh multiplier contr the multiplier And the nudes P pet C. will be a'reirm, hl unable to ConsitruCtion contract awards or system in connection with Federal facill• She edsu huch includes ues. change orders approved by the grantee ties: horsed surd su coststs ' wIp nildot b'I be q anew Prior to Decetnbtr 11, 1976, h. individual systems authorized by tinned there such costs are reimbursed in B, Where renegotiation is required under 4 36.918, as; modified In that section to in. ion kith withint the n he scope pe of a step step 2 3 work went contracted this Appendix D. such renegotiation is sub- elude unconventional withior Innovative sewers; Joe, to 40 CPR 35.931.1, 36.981.6. 36,937.1, 1, The Access and reports conditions in rec prior to July I. 1 14owthe tiro 35,937-9, and 36.931.10, 4 J5,935.20. rent step 2 work '111 1 not be continued In delinficly for multiple. subsequent step 3 C. AHN017Ntl:flafT AND ALI.LCT101f -L.`,Ulerndf(va processes and fec.Oniques, avtA►rrratm~ n cesses progtLs in order to avold modifying the Altern`a(ftrF' m me consultant agreement. The requireiri of 40 CFR 35,931.2 and techniques are proven methods which 3. 'Albert step 2 work is Inlualed after through 36.937-4 shall not apply to step I provide for the rec+►im rag and reuse of June 30, 1975, under contracts prohibited by work where the step 1 grunt was Awarded or water, productlveiv recycle waste water con' paragraphs 11.1. and 13.2, of this appendix, the Inl(iatlon of step I work was Approved stl'U(i or otherA'tse eitminate the dL• }:PA Approval may not bo given no grant by FTA sunder 40 CFR 1MII(e)l before charge of Pollutants. or recover energy. atylstanCe Awarded unln the contract's Much 1, 1978, nor to subsequent step 2 and a in the case of processes and techniques terms of compensation here been renegoti• step 3 work in Leeordance with 40 CPR for the treatment of effluents, these Include ales, 35.931.2(d), if the grantee is saitsfled with land treatment, aquifer recharge, aquacul• 4, 19stabllshlnc An "upset" fl"re (an the qualifications and performance of the Lure, silviculture, and direct reuse for Indus' upper limit which cannot be exceeded with, engineer employed, trial and other nonpotable purposes, horti• out ► formed amendment to the Agreement) IP.Cb CONAULTIHn tNara'Ltrt IsO culture and revegetation Of disturbed land, + under a multiplier contract, where the mul• b, aLOO Movtsiorns Total containment ponds and Ponds tot the Lipner Includes profit, Is not acceptable treatment and storage of waste water prior ' where renegotiation of such contracts is re- Effective jdareh 1, 1978, the subagreement to land application and other processes nec• quired. In such renegotiation, the amount clauses required under appendix 0.4 must aaary to provide mtnlmum levels of preep• of profit must be spcclikally Identified. be Included in the consulting engineering plication treatment are considered W ins S. Total edlowable contract costs for grant subasreemeM before grant Assistance for part of alternative technology systems for payment for a contract based on A percent. step 1, 2 or 3 will be a. arded and oefore ink the purpose of this sectlon, age-of-coristruction cost will be based on the Milan n 40 of step I worA CFR 35.911(1) or 3531926n-181ap3 wed Lion b. For for homeuhlurade sLncludt ilvicWlurJ, or applies. toilow ll• agi to110wing', under c FEDERAL EE01$Ttlt, YOL l3, NO, 184-WEDNISDAY, SE"IEMBER 2y, 1974 , RUIIS AND RIOUTATIONS 44096 cultural purposes tinclvding supDlemenlgl minimum, meet either t4 b cnrl•red to o oat which have been tally oerstro al's' rnmvrrmWli r In disc I e )n sec, s -._t_r_-.~- -Mlt processing by meals such m composting of drying!, and ret'egelallon of disturbed landai. I rk, men , e. le r s t muse also be cvm, e. E.hergy, recovery laCihttea include codLS, se arge systems Inc ude primary treat, liensu th the potential WOW ').e., posal measures for sludge and refuse which meat, suspended-growth or fixed growth greater potential benefits must be Possible product enetcy°, anaerobic digestion faclll• biological systems for secondary or advance In the case of Innovative technology pro, Iles I procidrd, That more than 94 percent waste water treatment, phyitcal, chemleal WtJ where greater risk is involved), tied as tr ent lutin:e andlequipment whicheProv dlstlot he Ing. The terms) Innw tit'aen"ddoesdnotpinclude 35a9081b)rmaydbeEmadeal only Isom the re' use of dt4rster gas within the treatment collector sewers. Interceptors, storm or slant serve In ; 33.90.1(b). 'l'ilt Regional Admin. the sslunett type a of number innocatitit tetchnoly usirngO l) sewer Orerabllltatlon, except WOW them, be included sDrov!deagthat uthre e!neryiecov. majorsewers clod And productively used Is greater than s3 thty meet the criteria in pargraph 8 of oily If he desires to encourage certain Inno' Me cnerg)' consumed to dewAttr the sludge these guldelines and are altornahves to con, v vatrve processes And techniques because the Lo an sutogenous state. ventlonal treatment works for small comma' " potential benefits Are groat In companion d. Also Included are individual and other tittles under 135.9I8•I(e) or part of individu, to the risks, or if operation under differing onane Treatment s)'stelrxs Idth subsurface or al systems raider 136-918. cnnditiom of elimAtre, geology, etc., is dtslr, other means of erf"Went disposal and Will. 5. Cntena for deler•mtntnq innoedlive Abe to dem olulrae the lechllology• ties constructed for the !pecific Purpose of processes and techniques. The Regional T r ~rihn. srutage lrealmenl, Admin4llfAtor will use the following criteria hr Ol Owlll CfllCr It The term "allemalivr" AS used In these In delermining whether a waste'Wer treat a tr rcttmern ~mc~~.ns ,f, xuide!ines includes the terms "unconven. Will process or technique is Inn01'allve, ) urs ate nn c , s r . tlona) and "allernilMe to conventional" as The criteria should be read in tae context Ie a cycle cost of lhe5lfeslment used in the Act, of paragraph 5. These cr)leria do not neres' S1'Ofks, Is IS v^ 'ot5 than %hat nalive'• does no include satdy preclude a determination by the Re' for (he most cosl'e act ve alternative which f she term "Alter because vAr, trLeSlmnot tnt n pr0esses and techniques el l.c.,t is thertol: of system is innt ovative f ause of local tars, CSawere ors the e sepAralslon storm mayor sewer rehabilitation, eaCept insofar stions In geographic or Climatic condition `ooslm0of el Il mOS86 I per elfeof t n lif MJPae m they Are alternaltvtli to convPntlonal a)%ion Affect treatment plant design and op, x trearnent works for small comm'snitles eralion or because It elchleveS slgnUtcant live Alttrnktlvet operation moly then tgreY-reQulrtm atmW botlX. under y 73,91 9!1 or put of Indlvdual sYS' epublic chnology fwhich rowouldhotherwise note be of 11) lot The net tams antler 36 35,9!8 S lnnuralu'e Precesru and 7ec'ntPuts. Possible. The Regional Adrrlinlslrnlor err at Irtitt 20 percent less than the net , Innovative waste a'Attr treatment processes should consult with EPA headquarters ¢n¢rliy requirements of the least net energy v. and techniques ire deselop~d methods about determinatloru made In other EPA re. alterr ivt which does not lncorporate IMO, u hicn have not been Mly proven under the glons on slmtlsr proceise5 And techniques. vatlve waste water lrealment processes and t cilc'um.3tances of their "ritemplaed use b. New or Improved applicstiorts of alter. techniques fie., the net entrgy require, and •ahlah represent a significant advance, native waste water treatment processes and foments r the no more t ►'M OnpercentlOf there merit over the state of the art In terms of techniques may be i"OvAtlt't for the pur. aoeettng the national goals of cost reduc, poses of this esgulsilon 11 they meet one or nitelmatTe lmust east be net encrRlrnuthe of thsece t aitionet a ves of ap. lien, incrtued energy consemalln or retov, more of the criteria in perairraphs Ml) silected for analysts under of ery, greater recyclint! and construction of through e(d) of this parairaph, Treatment pendtx A, 'Aster resources unciuding preveniml the and dlssch►rge syeterns Me I Systents which (3) The operational rrllAbilltY of the treah m aing of Pollutants with water!, leclama, art not new or Improved applications of Fit. at works is Improved in term! Of de, U,:n or reuse of effluents and resources (ln. ternatlvt waste water treatment processes mmeent Sks I1 pr ve upsets in rr •nt of de. eluding Increased produClivity of arld and techniques In Accordance with para. ormii rCdIICPtl O ility oct in or hie l or. lands), improved efficiency' and of rt•liabll, graph 4 of these guidellnes) must meet the treated duc d cc and decreased itvels of ,Is. the benefic)Al use of sludges or effluent criteria of either pnragraph dell) or Oe(2)' operator ►tentlon aAnd d c ea aaired, skill mme:luents, better management of toile as a mtpost in order to be i innovative !or 14) 'rho treatment works oroides for 'i Alt Flats of Increased a se al bane, tilt purposes s o of !rise gell d l s' better management of toxic materials which nos. For the to water of these guidelines, C. These six criteria arre e essentially the would otherwise result In greater ellvtron, nov►tlve vase ater treatment idet processes same as those used sed t to evadu►le any y pr protect mental htvards, and techniques are generally limited to new proposed for grsanl mslstmce• The principal 1S) The treatment wur'ia results in in, and improved app!t:atlons of those alierna' difference is that some newly developed creased environmental benefits such u tuve processes and techniques Identified In processes and techniques may have the po, water conservation, more effective Iand use, ac<ordance with paragraph 4 of these guide, tential to provide significant Advancements improved air quality, Improved ground knits, including both treatment al central. In the state of the art with respect to one or water quality, and reduced resource require, mcd luilltles and individual and other more of these cr!terls.. Inherent In lh ments for the construction and operation of onsie treatment. Treatment proce Ny cept of adv►ncemeh n We J12 a is the works. based on the enventTbfia Conte tee! rise a T is necessary to In It MY Id) The treatment works Provide men7-rV-tkj of 101OChal Or rnvsicall _ dti CRStrm a"ttrCl7rrrd LTCS f iT ° erational or Improved methods of !olnt trestme, c tent Ca unit processesi d haft,'! t~) sea e ' , s ce,) o I manati¢menl of municipal And lndus.....t salts 1 raiFii r.o be nstdeted Inno, pig alt~i use, T is risk w Ile recognl~ t~ct1 to tt wastes lhA% are discharged Into municipal ai w Sgt u v~;:r ; a,tmo t r•o^e cs at1c1 ~fSiTP~atS element e nPlemQ6tLLT_rL systems, hnlques !x apt wnerr it Is demonurote a tv'e e t oogy, n^u the se processes And techniques. as a mized by limiting t e Pro;ecsa u_ n~ dew d M. WR Doc. 18.17:41 Filed 9.26.78: 8 43 am) it" - - FEDERAL RE41Si'li VOL. 43, NO. 188-WEDNESDAY, SEPTEMBER 27, 1918 6,4 and residuals in publicly owned WASTE TREATMENT Earlier sections or individual wastewater treatment MANAGEMENT have discussed works and meet the app I icable TECHNIQUES upgrading existing provisions of; facilities, the "no action" alternative, and regional o Part 133 for secondary treatment management alternatives that are to and discharge to surface waters; be evaluated in your facilities plan, To insure that your analysis o Part 126, Subpart G for marine identifies the BT14TT also evaluate at discharge waivers (less than least the following; secondary); o Biological or physical-chemical o Part 122,62(d) for higher levels treatment and discharge to surface of treatment beyond secondary if waters (conventional concepts of required to meet more stringent water treatment); quality or State standards; and o Innovative and alternative o "Alternative Waste Management technologies (Section 6,4.1); Techniques for Best Practicable rlaste Treatment" (41 FR 6190) for o Land application or other systems percolation to ground water after for the reuse of wastewater and land application, land treatment recycling of pollutants {Section or reuse. 6,4.2); -As each management technique is o SmaII alternative wastewater evaluated, consider opportunities to systems (including onsite systems. generate revenues and reduce he use and alternative conveyance systems, of, or recover energy (e,g., sale of Sections 6.4,3 and 6.4,4); and methane gas after anaerobic digestion or sale of processed sludge) thereby o For sewered communities with a offsetting some of the 0&M costs. population of 10,000 or less, consider 6.4.1 at least one of the following; INNOVATIVE AND I & A technology facultative ponds, trickling filters, ALM0AT IVE i s a c n c e p t or overland flow land treatment; TECHNOLOGY (I&A) introduced by the CWA which Provides o For unsewered communities of for reclaiming and reuse of water, 10,000 or less, consider onsite productive recycling of wastewater systems. constituents or otherwise eliminating the discharge of pollutants, reducing Your facilities plan should evaluate consumption of or recovering energy, each of these ranagement techniques or reducing costs. Innovative and include provisions for applying technology differs from alternative the best BP19TT, BPWTT is defined technology and conventional concepts as the cost-effective technology of treatment because it involves a that can tre<,t wastewater, combined higher degree of risk to gain specific sewer overflows, no nexcessIve benefits. Both alternative technology 32 and conventional concepts of treat- and corresponding benefits for ment are candidates for innovative innovative projects, Conventional classification if they meet a specific concepts of treatment or alternative criterion, technologies may be classified as innovative if through an unproven Alternative technology employs proven improvement or modification of . techniques which reclaim wastewater, the process the project results recycle nutrients, save energy or in a significant cost reduction conserve resources. Examples of when compared to an appropriate alternative technologies include; conventional technology, Significant cost reduction may be considered n Processes and techniques for the in the range of 15 percent reduction treatment and use of effluents such as in life cycle costs, i,e., present land treatment, aquifer recharge, worth of the costs over the planri^g aquaculture, silviculture; and direct period of the project. Ener;y reuse for industrial and other reduction may be translated to dollars nonpotable purposes, horticulture and using the appropriate regional cost revegetation of disturbed land; total conversion factors, containment ponds and ponds for the treatment and storage of wastewater In order to encourage evaluation and prior to land application; use of 14A technology projects, the regulations provide incenti,es o Land application of sludge for including; horticultural, s I I v i c u I t u r a I or agricultural purposes (including o Federal grant assistance of uc :o supplemental processing by means 85 percent (up to 75 percent afar of composting or drying), and October 1, 19'34); r•evegetation of disturbed lands; o Special set-asides of grant o Energy recovery facilities such funds for usu only on innovative cr as codisposal measures for sludge and alternative (I or A) projects; refuse which produce energy, anaerobic digestion facilities with 90 percent o Nigher priority on State's or greater methane recovery and use, project priority list; and self-sustaining incineration; o Eligibility for grant assistance o Individual and other onsite of field testing (Section 10.1); treatment systems with subsurface or other means of effluent disposal and o 100 percent replacement cr facilities constructed for the modifi,oations for projects which specific purpose of septage treatment, fail under certain circumstances * (Section 15.2); Innovative projects, on the other hand, employ techniques that are not o 15 percent cost preference fully proven under the circumstances for alternative technology e,, er of their contemplated use and that conventional projects, provide advancement over the state- of - the - art, This definition In order to assist you and •c.;r recognizes a reasonable level of risk Architect/Engineer A/E in evaluating *The definition of innovative technology is being reviewed and will likely be 33 revised in the final regulation because of numerous comments on the subject,., determine if the SAWS is the most collectors will influence growth in cost-effective alternative, unless the planning area, they should be they are privately owned individual planned carefully and considerod for systems, Also, see Section 7,2.1 on staging of construction, You should; financial impact analysis for small communities, o Not extend interceptors into environmentally sensitive areas 6,4 ,4 unless necessary and then only if they INDIVIDUAL Individual systems eliminate existing discharges or serve SYSTEMS are small alterna- existing communities that violate an t i v e wa s t e wa t e r enforceable requirement of the CWA; treatment systems that are privately owned, Normally, these are onsite o Evaluate direct and indirect systems with localized treatment and impacts of interceptors on environ- disposal, mentally sensitive areas such as As a financial incentive to small or floodplains, wetlands, and significant rural communities, an eligible agricultural lands, and undeveloped municipality may apply for a grant for lands (less than one household per construction of individual, privately 2 acres); owned treatment works when they are p Identify measures to minimize shown to be cost effective and public ownership is not feasible, adverse impacts on environmental) sensitive areas where no practica Private systems may serve "principal alternative exists. residerces" (residence for 51 percent or more of the year, i.e„ not second EPA will not fund portions of homes or recreation residences), treatment works providing capacity and ctmpatible wastes from "small for-new development in environmentally commercial establishments" with dry sensitive areas and may impose weathsr wastewater flows of less than conditions on subsequent grants, 25,000 gallons per day, Private including restrictions on sewer nonprofit entities such as churches, hookups, or condition NPDES permits -co schools, hospitals or charitable ensure implementation of mitigating organizations are considered small measures. Limits on the eligibility cormercial establishments. of collectors are discussed in Privately owned systems do not qualify Section 13.2, for use of the 15 percent cost Assess the need for interceptors, preference to determine the most cost effective alternative, However, areas to be served and the existence they are eligible for up to 85 percent of environmentally sensitive areas in grant assistance since they are your facilities plan, Consider alternative technology. Also see alternative routes for interceptors in Section 7,2,1 on financial impact light of the above ,actors. analysis for small communities. 6.6 6.5 USE AND DISPOSAL A s 1 g n I f I c a n t EVALUATION OF Since the location, OF SLUDGE b y p r o d u c t of SEWER ALIGNMENTS length anu size of wastewater treatment interceptors and is the production of sludge. Use or 37 ~t dispose of your sludge with as much While certain restrictions are care as you give to the disposal of necessary (heavy metals loadings, for treated wastewater effluents, Take example), landspreading of municipal three important factors into account; sludge can be effectively employed as a moans of recycling a valuable o Safe use and disposal that will resource* not result in adverse impacts on human health and the environment; Note that municipal sl udge i s addressed in the regulations o Economical and cost-effective implementing the "Resource Conserva- sludge disposal (including operation tion and Recovery Act" (RCRA) which and maintenance costs); and provides regulation of solid wastes including toxic and hazardous 0 Public acceptance of sludge materials. Regulations impleinenti,,g disposal risks, costs, alternatives, the RCRA provide that; and environmental consequences; pay particular attention to siting o Sewage sludge in all cases is problems. considered a solid waste; i V Many different treatment and disposal o Sewage sludges can be subject to methods are available for evaluation, control as hazardous wastes; In general, these methods can be considered in two major categories; 0 Municipalities are to determine if their sludge is hazardous; and o Treatment and volume reduction-- incineration (thermal reduction), 0 1 f a munic i pal sl udue is composting and surface impoundments; hazardous, the municipality wi11 and obtain a hazardous waste identifica- tion number and may need a permit to o Ultimate utilization and treat, store or dispose of sludge for disposal--landfills, ocean dumping volumes greater than 1,000 kg per and discharge, landspreading and month. distribution/marketing. In methods of sludge utilization are n general , municipal s l udge i s not hazardous unless stormwater or considered alternative technology industrial dischargers are major (landspreading, for example) and are contributors to the wastewater eligible for up to 85 percent grant treatment system, funding. Other methods are candidates for innovative classification if they meet the criterion. Land used as Because of the complex nature of part of the sludge treatment or sludge disposal EPA has prepared disposal method is eligible for grant "A Guide to Regulations and Guidance funding provided the sludge is used for the Utilization and Disposal productively, of Municipal Sludge" (MCD-i2). You should obtain a copy cf ;his Because of the nutrient value of publication and also discuss sludge sludge, EPA encourages close exam Ina- disposal options with your pro,;ect Lion of landspreading techniques. reviewer. 38 Contract top tngineering Services August 12, 1969 Freese and Nichols, Incorporated and City of Denton AMENDMENT N0, to CONTRACT FOR ENGiNEETMIS SERVICES Date: The Contract for Engineering Services entered into on the 12th day of August 1949, as amended to date, by and betiWeen the City Of Denton, Texas and Freese and Nichols, Inc „ Ft, Worth, Texas, shall be amended as set forth hereinunder. The said Contract and amendments are attached as Exhibit A. The said contract (Exhibit A) shall be amended to Include provisions for an Innovative Alternative Stu~or the Denton Wa C water Treatment Ail, akaitne~re~ar eK eatar i4 ama on ant as outlined in the cope of ,fork herein. NOW, TKEREFOR£, the original contract '-s hereby modified 1n tho following paetlCuiars but in no others: 1, Item B, Scope of Work: 1. General information Required A. Obtain present City Population, B. Determine., 'Wastewater treatment Plant design population, .1. Effluent Reuse Prospect A, Determine quantity of Plant effluent to be use: by the Spencer Power P1 ant over the life of the Spencer Power P1 ant (fity of Oenton) , n: B. Determine proportion of Wastewater TreaMe Plant capaclty to be used by Spencer Power Plant. C. Determine cost of the "liquid handling' portion of the wastewater Treatment Plant and prepare an Stem/cast breakdown for review by Texas Department of 'Water Resources, 0. Determine 10% of prorated cost from B and C. Ii:. Methane Reuse Prospect A, Determine quantity of gas produced. B, Determine quantity of gas consumed or Durned as waste. C. Document commitment for future productive use of the gas to consume 90: of the gas produced (CI:y of Denton. D. Determine proportion of gas consumed to prorate cost if documentation is not satisfactory to Texas Department of 'Water Resources. Determine cost for the "solids handling" ;,art!^,n of the Plant and prepare an item/cost breakdown for review by Texas Department of 'Water Resources. P. Determine 10' of prorated cost from above. r♦ nr. r •i•~. irnYa.~.•rr i. w.nr•rw 1 •rw .w 1 r~i\. r-+~M~`YI-r • rr • •~V 'r IV, Lan4 Applioation'Pro$P W A. Determine total W`494 available for Sludge 4i5poe4l/agricultur4l use (City of Denton). B. Determine application rate for sludge (City of Denton), C, Determine adequacy of acreage for sludge rates, 0. Determine cost as per III E, F, V, Compile Oata and suite Narrative Description Paragraph 3, Compensation to Engineer, as shown in the original agreement (Exhibit A), shall be modified as follows, The Engineer shall be compensated for professional services in connection with the Preparation of the Study for innovative Alternatives for the Wastewater Treatment Plant in compliance with Step I:I of the EPA grant is follows: 1. Schedule of Charges A. Staff ,Members,- Salary Cost Time Multiplier of 2,3 salary cost is defined as the cost of salaries of engineers, draftsmen, stenographers, surveymen, clerks, laborers, etc „ for time directly chargeable to the project, plus social security contributions, unemployment compensation insurance, retirement benefits, nodical and insurance benefits, bonuses, sick leave, vacation and holiday pay applicable thereto, (Salary Cost is equal to 1,39 times saIar,v payments, This factor is adjusted annually,) 8, other Direct Expense Actual Cost Tims Multiplier of 1,15 Other direct expenses shall include Printing and reproduction expense, communication expense, travel, transportation and subsistence away from Fort Worth and other miscellaneous r expense directly related to the work, including costs of laboratory analysis, tests, and other work reouired to be done by independent persons or agents other than staff members, The total dollar amount of the above-listed fees for the Innovative Alternative Study shall be in the not-to-exceed amount of Four thousand ($4,000.00) Dollars. These services sha11 include 411 necessary preparation of drawings, specifications, documents and attendance at periodic meetings in connection with completion of this phase of the assignment, and 4441$ti61 the Owner fn obaaininq approvals of State and Fedora) regulatory agencies, The Engineer will provide an adequate number of such documents to the City of Denton Utility Department and shall attend meetings as eoquired to compiote the subject work. A) I other terms and conditions of the original contract shall be and remain the same. IN WIINES$ WHEREOF, the parties hereto have executed this eontract as of the day and year first above written; ATTE51; CITY OF DENTON, TEXAS OWNER CHAALOTTE ALLEN, CITY SECRETARY QICHARO J, STEWART, MAYOR CI,'( OF DENTON, TEXAS CITY OF DENTON, TEXAS (CITY SEAL) FREESE AND NICHOLS, !NCORPORATBD Engineer 'dITNESS ; BY; James R, Nichols, ?re,ident APPP,OYED AS TO LEGAL FORM; C. J. Taylor, Jr., City Attorney City of Denton, Texas 2264U/6-7-B 'f lk, ~ ,.h -'•^.MY . 111! 1.. EXHIBIT A CWT11/1f.T POR 1',}~GT1tiT 1i ItXP!C SCRVICLS $TATE Or TEXA$ Covl"i%,, or M:11iTOr, X u 1969 , T1,is Contract cntarad inr.o t},ig /g' da of , G2 C by nnu Vatween 00 CIT1 Or DENTON, r1.XjV, llovainnftcr cell d tho Nmor, actini, by and through its Mayor duly authorized to act, and j;ICMLS- A;,J C` )M'Ss of Vort "k,rth, Tnxas, Rcaiat arad I'rof.essionaI Cnl;inaars, lie rcin aftar callod the L%iZincar. W1611"ESSETI}, that in conuideration of the co',enants and a;;raomailts herein contained, tl;a partial hereto do mutually af,ree nn followal 11 "rnlo cnt_of 7r7,inacr•: Via Cvnur hereby umrloys the 1:r^.'_necr nrld thu Csl-incer a`+rees to perform ntl neccs,nry rrofesnioonl 'lerviCas ' ore- inaf ter act forth in connection with iiaproverocnes to be zade by the 0'1,-ncr an follows; ;;unicipnl "nprovemcnts, includin, ':near 'rantment Yiants and other 1later '~lorks I p.roVcncntS, Sawura[kc .'stem Ir.,provements and ,claapc. Trentnent Nnnts and ot;aor ,li.scallaneous `lunicipnl. Improvements hereinafter called tl'e rrojeetl The c ployMent of tho Engineer as covered by this contract shall 'Da rlprlicnble only to ouch improvementu for which the 0.'ner shall mike sr'eci`.ic authorization to tha Dngineer to p(-rfoi'n services, 21 Clinractcr and Extent of >e_rv_icec; Thr. 1;;,~inper shall reader nil cn''nn.crin}' r'e'vises necessary fin tl1C devalOp+,Crt and construction of the Prclect, which s'nall include, but •Iritllout liaiitatious, the fa owin-t r e'. AI Preliminary I:nr,`incarinsd_Services: lake necesn,ar;; lIminarv investiti.oris and studiee, drati;inga, and a}lprorlimoCC entiroates of mat Criala rC~tlired, a.ll in detail sufficient to r.dicAto c1CorIV tli0 J)c015a cf the Project niM naka hocsible nn ostim'ate of coat; i.£ (Icer,ed necesa3.y, ')rcpare a pvcl.imin,iry report alloying Proposed i;,~rovcrnc;,t,; ,Attalld n1 e nCCUnaary conCoro ncns; an%I prep oro noccr..riary for! ^,,l nn (I nrr•llc,ti.at)o, 11,C114Jing arisiicao-ontt ,cor n;:ni,st taco in tho r inancittr 0,,1 propunu(I ?,t ;l ro,'ct;vitCti, ulticlt may bo required by the 0%nior, ' b, Nisir.nsk )'lan:s caul SpocificIQIol o; !,,Ike n~;cat'anry field curvc)'n; ourcrvian Clic noccrtnar~ boriiir and tune ; a s uJ f,~undatinn oo:rlora~ t•ione; propare na Cenn,7r;' workinr drawin^o, lar^C ecalo nn,1 full acale ter:. ,:'iGq, and specif ications; prepnru fornno of rroposaIn ; I,rconvo ol;rlacItion.9 to 11censes and/or approv,11S from local ,•,nd state .tutl rr£ti ttcud coafcrence,s ,<nd assist in the co-ordiontion of the work with other inturr.nted hnrt£oa, and aa,ist in the ;wzird o« construction contracto, c, ;,cnoral ,,",o rescntotion and Innrcction_Ntr:nr, ;'onntruction; Act ns the C.rner's rcrrescncat,iva on OiCi pl:OJCCt du> lni , LhW Construction period: check all nhop drawings submitted in connection +,ith rhr, constr'ction; suparviso and review N,Ork of inspection burcaun or t'_otirle laboratorico that rray by required; furnish gcnerai ins-,)CCUion oC the work. nwl interprCtation of , fans and spccif ica Lions by nisi is to tho ni ce 1:1; principal, or mc-°,ber 3 of tl;e, office ntaf e of the an^{-1 neor; ltecp tho it f n med of „1a ? r,tt t' Pr or, „ re,%)s of t!tc t~orkt issue all inntructions of tho C,ruer Cnueractorr• ~crtorcin,, the sror4t; prepare cl:anga orders nn required to 1:- .:o proper cnrr':ing out of the intcrt cf tho con tr,nct c!ocwner,ts; undcavc: '_o the bent Cr tha "ne,ineer`s j rof CSCiCnal ability CO sce that Chu wor;, ii, Ca Tr :.i'.1 out in COnforrlitV ':ith ehe plar;s a;1d S~+eCificntions for tho Projoct, and this canitoction, to dicaprrove work as failing, to conform to the cont:,;c~t docu~cnts, and it neCC°S1r)', to istue Ordcra CO Contractors to stop worl; which is deracci':C t;nd no, in CC^fC•t' ;iCy with the contract doc-inonts: insuc Certificatos of pn);.,ents and 1-,'20P nccouncs ao ray Lc neCee^nr. to the pri?SnCUL'iCn of ,I work to ,o~pletion; upon completion cf constructic,l, revise to shot, t!-a ; roject an actually construecud, It i ; reco,,nizwl, lx,t,C'er, t!',al' Contractocn of t!IC (`,;ner 0.1 t!1C 1)l'OjCCt will ))C i1l(ICpC,1 CIiC Contr3:tcrs, and the Enginc,~r bill not be rasponaible f0:' ConcraC'6orn' failurc to ;e: orm the construction work in accordance with the contract docunent,9, nor t's;e tocltniques and ;,-quenre of construction or tho nafety precautions inci(icnt thereto as uued by ControCU0rS, F'.esident In!1()CCCiCn_liUrin ~AIIr,~ ,UCtIon: /',t L'ha (;t„tn7,5 option, -ho Will furnish aty the prnJoctJnite till`. 5CI~i CC, Of C-r'pctent persotl;,e:, ',;ho c;hall perform nocecsary construction layout andArurvevs, ,r,ive cor.piete and Adequate on•-sito i;tr,hection of construction, ,lct ; s .;te :n2ineer s re resentativc in interpretinn plane ar;d spgcir:icattons, r.nd Othcr docu-ents, for atld with the construction CCntraetor;i, r,n'r.C yCnCUrC;1CnC9 of (qrk periot :ad by construction CCntYJCtOYJ 1nU CYiUt•fi Ouch OC!;Cr v' ietl normally' zcquiro(i in resident inspection O,L^ construction 1 is J~'~(:'J r',li•1 'l! 1' ~ '!,rrJll~(1 1i (1 r, tlhi'1'.:, l:I •II 1' r• n rill ~ n(1.,, I,t ~ a.,l . fin. CI Bub^`'iut•f1'1CP, Y~nVO4tf7ntiOloH and I,nh(1l•(tl'orv 'inatnt Vie ~llrinCCr vill -md 11:urorvi9o the ri1'1l1^1 of J1 l ~,,1,' mi'4 1 ;ic(• 111vanti ;ntioao, ;rlcItidinn hor;n~s, tent pi to, ztoiJ. rr:,e! 'it; lrv<1v11, ,gyn.: otllor Sub-surfnco O:gnlornd4ono lioh11 ver, ti10 m)lhinr, VP GI:C 1 i!1`'(1Sli0,nt1011n 111(} , the intavpretntfano of L:1ln and ve,)orts )111 v;) Cinl C(lu^1(ltnntn n1'C) llot n rnrt of t}'C 1'CT1'iCOp to be ralldQrC(l l)•: tIIF 1,11('.IIC':; 1 Ctllll ti1C? corit llleretoro nllall La Enid b;~ the C*••11CT r Tito rnrwocr ohnll surorviuo nm,4 l:nviul: Chu warlt or tustinF lnboratotir.,n and 1r,^,nr.ction 1>uranuJl ru,lliTal} :nr c1,.1 tnntltl~ or I11',TNQct::on C: nitCTinln, c,c,, for the }'ro'iect, but the coot nl nurh 1nhoTrtllry tentn c: in pection ,hall be paid by thn c~ nur, f1 iri^Or~Tni11j.C•L -'of-Viv.nm? Il-d Z'u_ryavni '118 7C10 14nC(I i n11',11 ^ai':O tcpocrarilic sur%,eyn nn neccusory In CO(11:CyCt11)n S:ith ':110 locatloll unC deri,,n of all otructures, roc '',11~,inccr °111),1 j11'(:('(1rC COntCr'1at1C t;'r0 Cil'.: C 1PCiA}19 for tho, r-Ocuru-erlt of nlcn^ ^inC 4,',1C roul:es Ol(rvuyml for tllc ci thn. Proloct, 1)rovidcd'such dc3cri^tio;13 r, l,: bu develojtcd fro( the ucsIt ^.n aurvey.al if ad%litionl antrveyn arc rc',uircd to dctcrninC } roperty ccrnor3 i^I ConlOCtinlt •.,ith thn do (.ri^tionc for ;h^ r:(11C'OE iJCt,! cns(mmtR, the coat of ouch :urvc~'n .~ha11 l+e ;laid by the Cn n4r. 110 .,n ,incur t,i11 aldicnto to t'nc C` ^_r t;te npprc:•.irlatn ':ICU:,diricn cf :and' I'1ay be rC -,llirC(l -or k11e ilroj,zct r sorvcys EGr the ? t•ocurC:me-t Cf 1A11d and 9(:r%,JCC9 ~n Cor,,)Cet:Ot1 'I: C11 proCoed4.1iy3 ;or C'IC CC 7CCT,nnt~C:1 of land Ore not a part o: this cor:rlctr :'llc C-+mr:r Shall Pay ,911 cO~3ts for 1.',11A our\'C,;' and Chall Cn;:tplosate Clio 1.t12it1CCr for cal`ViC03 T^_ndcrod in connection with Condcmnotion ;,roccadin;s, 31 Cctn~.cnn lt'1on to t necrt T'nC Owne1• ,1>,rccs to pay till l:nGi.nenr for '111 prof CS nional ccrviccs rcmdered utda,,- tl1:s CC11tra:t In IcCOrdance thO following( (1) For Frcliminn.rj C1rI;lcorin- !~c,i^.ns, 1!.nn:_r,n'~S oc; i CCtiOn5_;r1;1, C-tneral R(-pres(intation Durin yC^I',.-' t'.rUC',t10 11.e ,1~,i11Cer dial! C lnidy n fCC`C0;,11tUt d as a pnrcentn-n. of the Con[truction C^St`of tho i'rolect 31 sl,own in tkle EOlic'.,inr tollul,•stion: ~ - ~ • la`, •ineCrin:` Yce - 1'c~r.;'::'}6„r[ or,<~tz;'act', ~un,t;o:>,t n,truct-on Corot _f,.._ _ y" !'TC1tI"ln1Yp i;tf;,i^ttr,z'- f;r-I',Cl'•'tl r4"l'CCOi1C~ ' i;,r 1j(!;!1 113, I':;tt9 :iCfCn itlr'biq To tai ^;rrcil':.c Cf.eno ~onutt'uction^ 1"20 mid 1 a t1Q „j~1 Iv, ~ $ ~3,'JUO Cn .50,,.00 7150 1u,C~;, 1 5!1,000 ~n0,7,00 .,,J+ 91tJ 1. . 1CC,^0C 250,70 7.00 G0 450,E^OC - :'0^,000 0(' 1,54 r ?,1~. ~ n4 500,000 - 75o,rcu 5 s >0 l.,!5 o00 - 0C0,r1?0 wr:.5 1100000 2,000,000 5,')0 r~.l:. VIOY'1~, tllliCll L}Vn t'.~nc'r tiL'Y110T1~.1:9 AC Ona t~«L` t1'.V r0U}+Ol°~ tv^~CCIiCr tllC".I.j OGQ ter1 C4, , ~,tn' 1 .7 C' > -^i15Cvr :C rfotri CCU cAJ Q dCL'ct,rittitlj' t}(C a - "Caltoeruc"icn CCSC 1Jric.1iCt !,("r C1iC f'CC t0 lC ,".OC ,YCSO tlltn CIIC !'Axir,IUt!I inoUnt Cnl:..'laLQd ~CrcL.,,tu;,c 1 uc'.dcz' cllc nc;;t S(c.'ctr cost brackat, !t n dCCCr tinnCicn ci C}tc Lcce?. con;}tructictt c)at Cf the on .:17iC}, Fnl'>iaCCr 8 fcC ;}1a11 bC L'.;2cd Ll,crc rlu',l1 not Cc 'In n Itcv.; of Lmd, Y.+^ iCf'Of-t'^•)', ^,':f'.ln L'l'rAC~.VC :T ice;, d 1`- C._Uta .CG .i',C .h C C_' 1~ itf, 1u~'C S l': .9 '1 Cnt',115C~.Lin^ CCr:'iCC.^ C::^Cil5C!:, uYu -I t'~ ,jC C f u t Tt( C S C f, v r,, ll t C ~~LIUCt ' C r 5 0 'rC ..G i Ct, .9V riu9 , 'aI~ 1%C frC.l C' Cr lily L~ l! t i .Icli as ^C°altiQs a•illtl5eld frvrl i,a"nL:i;lc Co C,:nerae oro , . .n,, 1 i:u~ ~tC dnmc, CO, Cr 0Lit4'r sinil,.r Cui.,s. i•. 'i.~u r,_Iri,~:"...Cr`c~ruct~,^(t -:,,d cr_- :5^ruc~~i,ot5 r.a;•~•rulc tLr inc,l:clion dur:I'^ concCructiu;t aid c:r Yru tion Yne,11 cnc ,nnl Y• •7 r. `'a •1' :.a~'out, Lhc i.n,incer r,lulll be r•ai~1 CLe ac!:z'al• Ir.;;rc1l co:!t o! al , inClur ;t50 z'e{,vired tines a rrullij'iicr of 1. .5 fo" in ircct CO"Act, ta::ct 1 itt;uraizce, PLC r , Gr. re.7.;LCd to r>ucl5 ,crsorin'.1 and j•rcf i t ,Ind ttt.all 1-e t1.,o C}',n. .tcluhl ci,recl: e!tytense Of nro\'id:rl ouch ;'.crconnCl, includin t.avei, sujtl,5icn ;nci otlinr 'tcLU.;l "nut-o.-Cr.c':L C' c•'^cnsco Y'ianti~01'LaL'.'R, S')lii`rCunlC, ~r Lir.,es a n.'.1"., ).i' t- c" 1.15 for on~oreritcad ucz~: Scn cllr,r> c. ^''c , and r r tllo in iv~c,uals sclocted 0- , t1te f<!r > z1'icca un icr ~arA;rri,';t r,l:_ll he nuboct to the C'«r,er , 1',1 _ r t r;cnC for tez~'icco rnr.u, ad _uf Coati,ct\raticnt , 1i i0110V''S. 1 LC I-6C ~ .1 IJ" L:1u :nf, iihnr 1ikvL. and `:6n5 ...tL :CC:.fiC "i.Jn , ll','On CG 1CCiCa a;1u l~•C1iYC:}' L'C L'l1C. ~1 ",Cr Of n -Inn's t y !1i C 1c .1}h 0C~t ;10 .lj`i::•V'~r,. ~J\' 1:C , C.iC' . . i t U ' iAli Otl,i : 1.• 1 -Y-- ~.e•c-',c:: :p .wu 'nr.Qn c^;r•r,.d s:... s}•..~.. rct! as co'.,'Otltcr, tnr &uClt unit ahn.ll ~CCCt C r!ue ar, ; r,; ^L1C, I I,l' n I,i ' it ~1 ltl t11o ovent the 0 .,nor aloctri to cl~fux CntlntTUCtiRn of n11~' unit nQ ti,n rn;', pct: %01' which Ott N!: Hour ),nn cn,,t,lctn-i ^1,1nn rnd nj,oCi,. ricntiOn I:ar4A 011 10 dutht?ri 1000 0010 the Nwur, CAP coo t'\11'11oa philll be Computod on th; hno"o tie an painit'o Of conl't;ructtnn coot pvcPAM ~y • , the 430,:r ,end nunjact to approval of tr,a For ^,cnmil ra;•r~ scnt;,tiun and insl action Curio; c0n- struction, ^nynQn,t AM to r..nde on monthly ctlcia,atnq or the ':ny":ur, nVich. csticlams ^1;n11 ,,I bt&( d on t;1o valuo of the wor% r-o..Yfor ud by t1\n Contractor ;'loo t11R rltarrc: tnr rc,it:cnt in3,cction\ or !oirtor rro.4ects apocJ.11 ass1p n nnts, ,tWn'; ,ni'\1or ~`tCn9i0nR, Mauln; tr,ats, 00 f00 f,h.111 be I,C.'CL o11 tl'c \",ctu\nl c,-;, - to t;'o '•,:n•,inc~.Nr of ?crto:riny tre pork is follow, The "^c Incc. n'1aJ.1 `e ''IS the ^ctunl ";yroll cost of &I parccn owl re quir^•' for the ork tKol a vvltinlicr of 1\71 for indirect tufts including, taxon , incurnnco, etc,, nrd profit and oh-all be nnid ilno n11 other dircct costs related to tha .eY1'. includln!. trnvcl, trannporenr.ion, r\tic!,i;t4e11ce, 311;,0ic, Ind other actual "cut-ol-narkat" expctlse times a r,ultiplia: of 1.10 for so overhead and f.•c:"Oice char,-,a. G \ t': Clirs1,11aTy 'e,'}1C11 : C`uc^ tC'1 t0 dC ;0, the ^ ui.ll furnish nrc.li'r teary nsRIA es on thn cost of the but he dons not Cuarantoe the accuracy of such ectirites, MIA ~~oc ficn5c'4 i, l^ Now ronarvoc : , MIA CO, 'Ilovir{on of _Clins ."11dI ract" :~uWantial rrvioio" oftho p 1Cna and :pccifC\1tions ,.f tar a a due approval by the 0wor a, r"nor may AQy nui.t?nwry, hot in such oven-, t~'.C'(t,'\1Ct 311n.11 t0 tha rng,'neor just and cquitnllJe cor-;cnsCt1on fC; the ;nrvic_s rcn~ erod in rnkinr such reviaions\ If r~;isions in tlt2 ; : ns, ~l>PCiflCAti0i13 or drnwin;;a Iro rcguit'od by rca4on of Clifs Lnl-inacr',o CY:i'Y or,;iSSionn, r;}cn nuch rov'lclons will he made by the LL.rjnacr wit'oout ;dd-4- ticnal -;orpcnsntion to the fees herein specified, 6\ T.n~l,rcriol~ -na r;r.,via,r of the l,cnc~ file ;.nFinoer,:ill. nndc,.•cr t0 pTOCCCC t},C 11nG(?r O., ;11 110t e.QfcCNV Ir,d dcf.icioncinn in WKU ,dOA of A=Ctora, lo'°.nspcctioil and 0h,"Iorwtion cf Chu worll is it jr ^YCItoC$, by inter`T.tntion c,_ the 1, n;1n, c;pccificatio"o and other convact docur.cvur to and with V,o Untrnctors, 1,y t',1c d10npproval of 4oincti%o wwk And tltc i ;011nnCC of j tcp•- orderc with ;ernect to defective ; rocndures, where they ,;ro oh,ervod, \ -'d NO 0AIneor will nxerctvc At dil ynce to a,: inn ti;er1,;ner in rnrluirinr L11,1t .hc uor',. Lc Cono in Iccordancc with 03 p1nns and .;rccSficlt'icnn; At 1. . t}il'. Lf,"tr~iCChr Ml l'0.'n n rl'C.t".jQ;idC^C CRiltYilCtr?Tl I;IIC 3P~ :im, c"\^,i nnov Wen not ouarwtoo the porfo :mince of :Such CC11 itructicn COntr: C is \ .1 ~!.i + nF CD; 1'diR 'r ! 'Y' r.. OCLII.C11 nr1 ;J j C C«, .Gift (0113 1..9 1nat ru- mrr.to oz ocr; I ce propurt)' of the whothcr Cho work on vhich tlu:y :;rc .1l!c ;'e c::+:cutau or not 110, the j:n;;•11:cer w'I retain in 111n file! ori`inal drar.l ;u:d :,peci:icntion.o fOr Ole 1lorkr 7'.i, !,n{'itwcr I/ir11 rrro-. "i~C 3lIC1i r1U"?+^r 0j nct'J 0^ nlld J(adlicati(,110 n'tu ntlUr 'if+CU!'.141:t'C 0 1rc n; r, in the t'+)ccivinp, of bis (ot' con^CrnCtfrnl n111 a Orr, r0quirod in C;;i3 C`;':CUt.)I1 oP t"+' I),.O C tI Upon CC1'1r1Ct1^.'i ~'L Cul:dCrCCCi!?Il, ;1iC ;iftrinCer ~i rC111.l1i 1.1 tr,t., ' ''~6 1 I1 «.n 1(: .n11!11 1.1 cons to r uc ted ',a_1 1'~•` I, C.r.'tll'ln^,0 F ~D Y.i10V F ~ YJ `C I: .1 F 1:.(( tl,c be I:lttrnialled two nc n o ;'r1:SCCr ,4 from th; tii jilVilt' i1 'ansr,ra .^.nd An 91 n,n17cnCl; C ('"lllnr .^nr, l't•,C ^^:fIC.r, C?.1Cit h1;`,1;:1 „i'rn. I j,nrtr;v.,rl+l SUL.CC";,hrc, .::,lcmtor", 'l({-tifti8trfit0l''J i'nLi ,99 CIif'n5 f1C 0..~ !e}11•lrJ:, Yr .l^.YCC^i('.'lt, it^;~1;j10 ;.t'_l'r... , 1 :llt n rS, [if.~II'. h:^r l'w Ic .4C1 ; ilt':`,.r .'w:'C' ~ :CC ~1 1^~! !:0'Ji!Y!LiPIC1 ci :'+:n 't•rn",•.:,:, .'LC,`.cr L'!IC i•~tt,'r ';or t'.c •~;,`.^qr .v11a1). nI;,1SFl1, su}1_ct rr t~.,rat{;: 111. :n:rc:~ :;I *'lia 1i,rl~.i+r-rcnC 1. !tnue r. I`rlrtfm :olmcrit of t;;C r',Chc.1 . r'^'r'>'~ G'F ";:~'~C!'^ ~i;l:.a C+1(ltt'"CC .rlrl~: ~ •;L.;1~ CC':' it !'•Cr1dd ''1F G~I:Q . .,l''"i•':• I+l`:•.'. , 0, .!`V C 1 n r ~.1 rttl Ci Ca.L C r. : fOr JC\:C'1~:.,,. i.CL"tC ^C 0:'le ,'Car Ca/C~~aI '311~(!..ri ...;1;\. ~ '.2't' ."•~l.i...l CIJt:iy ti;v c.11C Y of :I r. it ^i'r ill\1 YL e alp ^h;l'~°^r t:t, %ch rlOL4 L'1 v0 110 V,1 LO th(, 1%::•,) ! tlrm :rca;l;:ract ar anv c. i.a 1.n:I ;o cr` as}. ccntr, cc C) cnf , el,e contract c`,a:.l as rt~latcd to all 1rorG, Cot' ; rojecLr ~'•il'1.J 1. r~1y 1p. ~n C1 CCll tfl.. r.l 'u'.IV LL/\lntVr~ Ji CJr ly !iiii~~. ~ 'il+; l17.+C I C:1 a, .f;rrCtlCtt! CiC c;a,d and year fist :1;?o~rc '.'t•iCtrrt. C171* ol, fA:i1Q: 0it, r.r Crr°_.1 r'! j.1 il•. '~Q]`1 (!^~~,..i',j yor r^ 11 PURCHASE FIEQUN$T PA NO, OAT$ ~0 • g~ ✓auNA 624 C Davi 1.1 am UtiI, AJmn, 8202 AaINaY 00 AW11111gaad by 04040,111,64111,11. EYI, TIAMS «l r r,_, Of 4.OAT4 7 30 8.1«.0RGANIZATION04 50 QIVINpn APProva De Partmenl APOroWI QIO NO.~......._-....OejdcT 9101 To FreeS3 u N1C21P1S Inc. 811 Lamar Street Alc 9961 Fort 'Ill'orth, Texas ?6102 To; CITY OF DENTON ITEM STOCK NUMBEA W OESCHIPYION OVANlVNIT PRICE AMOUNT Inovative kiternative Study for Waste Water Treatment Plant Upper Limit based on salary cost S 000 •cimes multiplier as per attached schedule I f I I l OEI.fVERY CATS TOTALS, TAX EXEMPT. _ 4. 000 , O - Certification of funds Ettimated to Lass Bid Only Oldel tOday _ Pu+chZd From Balance- Latt Ouolat,ona only Ruin Data Wy Manpar App+oyal _ Purchatinp Ag4ml App+oyal , I ,'.,,~.tr^,.enCV Pulth. Quota pulCh, Ccnfllrnation Rid Wrchna August 2, 1983 CITY COUNCIL AGENDA ITEM 8UIIJLCT Consider Requo8t for sanitary Sewer Service for Bethel Temple Church 3813 W. University, Denton, 'Fox. SUMMARY: Pastor John Stout of the Bethel Temple Church has requested that a sanitary sewer line be extended from the present Ranch :states newly constructed sewer line on Highway 380 West to their property located on the south side of Highway 380 West. In ordor to provide the requested service, the City of Denton would have to cause to be constructed 120' of 8" sanitary sewer line bored underneath Highway 380 and then 300 of 8" sanitary sewer line to be extended across tho frontage of t• he Bothel Tomple Church property. According to the City of Denton Ordinance, the City of Denton would recover a pro-rata of 100% for the 300 frontage cost at $19.00 per foot. The City of Denton would be obligated, however, to pa for the 120' of 8" sanitary sewer line bored uncle: Highway 380 at a cost of approximately $40.00 per foot. The contractor, Dickerson Construction Company, presontly working on the Ranch Estates Sewer System, would be a logical approach to be awarded a change order for this requested construction. FISCAL SUMMARY: Cost: Boring 120' x $40/foot - $4,800.00 FrontaV,e (pro- rata) 300' x $19/foot e $5,700.00 Total cost of change order to contractor $10,500.00 Less Revenues Boring 0 Frontage- 300' x $19/foot Total Revenue from Church (pro-rata) $ 55,700.00 Net cost to City $ 4,800.00 ACTION REQUIRED: Authorization of sewer line extension and authorization to increase contract with Dickerson Construction Company by $10,500.00. 2318U/14 RECOMMENDATION= The Staff recommends that' the request for sanitary sewer service inside the City Limits to the Bethel Temple Church be approved provided the owner agrees to pay the appropriate pro-rata charges, In addition, the Staff recommends that a change order in the amount of =10,600,00 be awarded to Dickerson Construction Company for addition to the Ranch Estates sewer line project, The Public Utilities Board will review this item at their meeting of July 28, 1983, and their recommendation will be forwarded to the City Council members on July 29, 1983, Respectful) R, E, Nelson Director of Utilities EXHIBIT I Letter of Request Prom Bethel Temple Church 11 Map of Proposed Sanitary Sewer Line 2318U/15 Q a John Stout Pastor Ronny Miller A3SOCIAN MInleler "Where JESUS Is LORDI" Bethel Temple Church July 11, 1933 Public Utility Beard Utility Department, City of Denton 215 East McKinney Street Denton, Texas Dear Sirs: This letter is written to you requesting permission for our church to be able to tap on to the new sewer line being installed in our area, 2ecause of the poor soil conditions in this area, it makes SC practically impossible to adequately use a septic system for the church and school., It' this sleets with your pleasure, we would, too, like to request to have permission to bore the highway to make a connection, Please advise tls of your derision as soon as possible. Thank you for your consideration to our request, Sincerely, i 4 ~i~~ ~bhn Stout, Pastor P.O, Box 1405 Denton, Texas 76201 3813 West University Denton, Texas 76201 817/387.3741 or 817/566-1410 r r w 5irALCs I INCH 'M M7 +t~ rLycc yr nsrywr 1 1 11 ' 1~ 1 1~ 1 1 I= ~ + 1 q, ` 1 1 1 ~ 1~ r ' r I ~ 1 til i, j } - rr' ! +7 S J r1 S ~ tl,~ ~ ~~11"N ` 1' ri.: ~l~~l~ I li '~}'1 U.S. HIMMAY`81) (UNjvrASrrr DRIV ) ' 1. 1} t.k•} l t } _ Q + o~ 4 •4--F.x1,Tl#e cYhUAIMR ~u 7 ~oo'Qf r~arnstn s°sd'ii~E~ Cee 17 4 ?rr~' x 5 w ~ \V\ E 5 y Iv i ~ r tt' r• Ir 1' •r Y.~ M. V.. ~~I .•n. ~ •.w Y•. 1~ Y H Y~ 1ti 4 M « r_ 1 'r 1 1 I~ 1 v I .,~t •i Mel IPIV J U ~I flt r,'~!'!1 • J I i I August 2, 1983 CITY COUNCIL AGENDA ITEM SUBJECT: Consider Request from Mr. Ben Pinnell and Mr, John H, King for Sanitary Sewer Service Outside the City Limits. SUMMARY: Mr. John H. King and Mr. Pi nnell have requested sanitary sewer service outside the City limits at a location approximately three miles east of the Hickory Creek Lift Station on Highway 2181, Me. King and Mr, Pinnell have agreed that, if this request is granted, they will install a lift station on their property and a force main along Highway 2181 to the City's station at their expense, and further, that they will monitor and maintain this proposed lift station and force main as long as it is in use. At the May 253 19839 Board meeting, the Board requested the Staff to contact and preferably arrange a contract for the sewer service with the Town on Hickory Creek. Since then, it has been learned that this property is not in Hickory Creek and is not able to be annexed without the property owners request, Since the developer does not desire to be annexed, it will be necessary to either contract with the developer or allow the developer to obtain a discharge permit for a package sewer plant, which we understand would probably be awarded whether or not Denton objected, provided the developer promises to meet certain effluent criteria (irregardless whether such criteria. is ever continuously achieved in the future), FISCAL SUMMARY: Not applicable. ACTION REQUIRED: Approval or disapproval by the City Council regarding subject request. ALTERNATIVES: 1. Approve the request provided the owners meet all City of Denton requirements and specifications. 2. Disapprove the request and allow the owners to obtain a permit and install a Package Plant that would discharge into the Lewisville Lake upstream from this City of Denton raw water intake system RECOMMENDATION The Staff recommends this request be approved providing the owners negotiate a contract with the City of Denton to accept all responsibility for the cost of installation of the proposed lift station and force main, agree to maintain subject lift station and force main as long as such lift station and force main are in use, assume full responsibility for obtaining, all necessary highway permits and easements that may be required, and agree to meet,; all City of Denton requirements and specifications. Further, the owners must agree in subject contract to furnish the City of Denton with an agreement from the town of }lickory Creek and Corinth, sinco some of this property is partially in each of their extraterritorial ,jurisdictions, giving the City of Denton permission to serve this property with the requested sanitary sewer service. The Public Utilities board will review this item at their meeting; of July 28, 1983, and their recommendation will be forwarded to the City Council members on July 29, 1983. Respectfully, R. E. Nelson Director of Utilities EXHIBIT 1 Location Map 11 Gopy of Request 2318IJ/19 v~1 .~~1.1 ; ~i'~, 'f1~,~ j~''44QCIy/ • ~ 4 ^ ,`i ~P P , R.M ~ MaMUI` ~ n.w'. rr..al ~ , 5IJ IP *,o4 .4 Ir r♦Il,'1..-I,../J,-~.. ' ''-;I' t, •..r d, , \ i ♦`~~f `(fit,, I.d 1. f'd 1 M ~ \ 1 I~ ' ' t'1` / rY . ' ~H' 'ill v ~,~'..~r-•.+'.r 'r. ll~, r r 'rte ~ ~ .,.0 1 " ' ~.,.t...• ww 1 Ix ~•'I / I r~ ~ .y, 1 ..rrr.... ~ M / .1 1. 01r ~ ;I,'.P Or I f~l , ~ 1 ~ r O 11 ; 1 ~/^Il~ `I ~ • ~ \ \ ~ _ 1~ li~lyJ1 1 Sj' ° a'(tr 'r f ~rw1 _ 1 I. ' Croek ~ ` 1 tJ. , I`/ rf 1,♦1 ~ ~ ~ ' ♦ ~;'r,r .,w rh+~ Ir..a a. . i JI~ ✓ r•rn~Y' f . , ate'. r.K 1 , , `.1 ~.q ph, ♦ `777 S A V 4 \ { p ~~r+►r-. ,i]~ a~ ~i ' 1 ~••~•I "lf il..h. Yn.< a ~ ♦ ,1tu r-rrir•'a.. r.((•y~/,..P/' ! ♦ C. ww I /'t , '/t„ i} w ~ tr a / a,, •r1 e:i 1 ~'u ~.M.J ,r..'hJ t , Jw- {•i ',r ; r.%~~ " V, ..ar , v~ 'I i. ty'`Alwn,.~.. -,•tw1 , , t 1 V ; .ti r: , , ',j ' Gee ` A t>• I I A \ 1 \'1 11 1 ~1 / ^ ' NUI' °,1;,11 O 1 ~~"t,'Y:, ~~y ',..1~s~r• b` , 'l ,1. ry- . . .fit \,j', 1 ' \t ' r ~Vt1 I• 1~1 /_i r rv , t 1 ~ • It, V , -4 A JII,'{}11c'1lVt ,G'Hk ; ' • 1,,,t \ :~'\1r: ~J 'A',f a ri •r ~i. 1 t i \d'. CRY ; 3 i/ t;f • t s CREEK AO i ti^ 7 \ ~d, QI iltl. , It, 4" lot 0 9 wt JA ~~A ;~-1, VI{', 1 a L' I~ 'r\ Fyn ++y) , " • ,1~,1f~,,, r r. ~ r !~r ur /~I C,~/ a. • ~f- t',/ , 'S- ' I t ' I 1',.~, 1 .,1 ,j,.; / , J `R:}I 1i l• J J J`1.ial/,•}I i1~ .YT -/'~y , 11,11\1 4rt'', „r;~'~" 1 .ti r 1. ~ 1 1_ a { i e August 2, 1983 CITY COUNCIL, AGENDA ITEM SUBJECT., Consider Final Payment Request From Moore Construction, Inconporated For Windsor Drive Water And Sewer Lines, Purc~~tlse Order No, 56573, Bid No. 9087, SUMMARY; Thu Windsor Drive Water and Sewer Lines project is now complete. Final payment invoice from Moore Construction, Incorporated has been reviewed by the Engineering and Utilities staff and hound to be appropriate for payment. i It should be noted that construction costs exceed the amount approved by the Public Utilities Board and the City Council by $6,949.03. The reasons for this overrun are due to field changes which could not wait for Board and Council approval without holding up the Contractor's work force which would incur greater costs. See attached engineering report for detailed explanations. A $112.50 credit obtained from Moore Construction, Incorporated and payable to the Engineering Divisions is for overtime inspection required. FISCAL SUMMARY; Ori irial Contract Amount $44,174.80 Fie~d Charges Additional Work 61949.03 I Total Amount Earned $51,123.83 Previous Payments (37,099,33) Estimate Due Total $14,024,50 Amount Due Engineering Division 112,50) Amount Due Moore Construction $13,912.00 Source of Funds - Bond Funds. ACTION REQUIRED; City Council approval. of :final payment to Moore Construction, Incorporated for Windsor Drive Water and Sewer Lines including; increased contract arcount. 231.8U/ 3 RECOMMENDATION; The Staff recommends that final payment to Moore Construction, Incorporated in the amount of $13,912,00 and to the Engineering Division $112.50 be approved, The Public Utilities Hoard will review this item at their meeting of July 28, 1983, and their recommendation will be forwarded to the City Council members on July 29, 1983. Respectfully, I , R, E Nelson Director of Utilities EXHIBIT I Final Payment Request - Moore Construction, Incorporated 11 Report From Engineering Division 2318U/4 MOORS CONSTRUCTION INC. POST OFFICE box 649 PHONE (214) 644.2469 JACKSONVILLE, TEXAS 75766 CITY OF DENTON WINDSOR DRIVE WATER & SEWER MUNICIPAL BUILDING P.O. 56573 DENTON, TEXAS 76201 CONTRACT PRICE $44,174,80 ESTIMATE NO. FINAL FROM s TOi June 30, 1983 VATE1 June 30, 1983 ' ITEM DESCRIPTION gIANTITIES PRICE WORK DONE AMOUNT 6" WATER MAIN 446 L.F. 8.50 461.5 $ 35922.75 2" !DATER SERVICES 25 EA. 385.00 28 100780.00 16" x 6" x 16" T.S. & V' 4 EA. 1200.00 5 6,000,00 6" x 6" x 6" T.S.& V 1 EA. 750.00 1 750.00 8" SEWERMAIN 1272 L.F. 8.90 1541.2 13,716.68 6" SEWER SERVICES 25 EA. 225.60 26 50565,60 4' MANHOLE 4 EA. 850.00 4 3,400.00 BREAK INTO EXISTING MANHOLE 1 EA. 600.00 2 11200.00 OFFSET MANHOLE TOP 1 EA. 600.00 1 600.00 8" SEWER CLEANOUT J EA. 374.00 2 -3-' 7Yd',uo4i92-.0 ASPHALT PATCH (TYPE D) 10 TONS 50.00 8.5' 425.00 24" CMP SLEEVE 60 L.F. 40.00 60 2,400.00 6" SEWER STACK ONLY 0 EA. 112.80 1 _ 112.80 completed service deleted after stack installed ***ADDITIONAL WORK DONE ! Od TOTAL AMOUNT WORK DONE --X52,-494-:8~ ~~.?_•9'., RETAINAGE 10% -0•• PREVIOUS PAY44ENTS 37.099.33 ESTIMATE DUE - - -50- /u-L Deduct for Over- time Inspection 6" Sewer Cleanout 1 ea. 350.00 (1) x350,00 ',.5 hours. @15.00 Dig Test Holes 1 hr. 50.00 (5) 250.00 Conc. Eacase. 1 cy, 54.00 (4.5) 243.00 ,.jcj Extra Sewer Bends 1 ea. 30.00 (2) 60.00 TOTAL AMOUNT DUE.-$- 86.00 Extra Water Bends 1 ea. 150.00 (2) 300.00 / Z C j i. ,),A . D'' OnIf of D&NTON, ?8XA8 MUNICIPAL BUILDING / DENTON, TEXAS 76201 11 TELEPHONE (817) 566-8200 M B M 0 R A N 0 U M T0: David Ham, Assistant Director of Utilities FROM: Jerry Clark, Sr. Civil Engineer DATE: July 22, 1983 RE: Windsor Drive Water and Sewer Improvements The Windsor Drive Utility Project has overruns of $7,024,03, Description of overruns and reasons are as follows; 1) Sewer extention to Paul Hutchins at Route 5, Box 6S, Denton, Texas-Sanger road - Hwy 77 intersection This was not taken to the various boards as the contractor has just completed all authorized work and was ready to move out of town. Prompt action using a very good bid allowed the City to benefit from these prices. Items 269.2 L.F. of 8" sewermain x8.90 0 2,395.88 1 ea. sewer cleanout x 350.00 a 350.00 1 ea. sewer service x 225.60 a 225.60 2 ea. sewer bends x 30,00 a 60.00 S Hr. dig test holes x 50.00 = 250.00 1 ea. break into manholex 600,00 = 600.00 Total $3,881.48 2) 161lx6" Watermain tap - Meis.senheimer Addition This was needed for the above addition at Riney road and Windsor for future watermain extention. This would prevent having to dig up the new Windsor Drive pavement. items 1 ea, 161lx6" T,S, & V x1,200,00= 1,200.00 1S.S L.F. 6" watermain x 8,SO= 131.75 Total $1,331.75 DEPARTMENT OF PU80C WORKS page 2 of 2 pages 3) Adjust water services and main due to street construction of Windsor Drive a) Main hitting proposed water service taps Items 3 ea, 2" water services x 385,00 a 1,155.00 2 ea, water bends x 150.00 ; _ J00.00 Total !,455.00 4) Sewer Service deleted by citizen Item 1 ea. x 112.80 ■ 112.80 5) Concrete Encasement Sewer Service 4,5 c,u. x 54.00 : 243,00 Grand Total $7,024.03 Savings in asphalt patch amounted to $75,OU which reduces the extra costs to $6949.0:. All overruns were regular occurrences expected during construction of new utilities in old existing roadways or residential areas. The sewer extent.ion was routed from the Utility Department to us for construction to make use of the excellent sewermain prices. The Meissenheimer water tap was needed to protect our new pavement investment in Windsor Drive, It saved that much in repair fees. All the rest were incidental items that could not have been anticipated without extensive and expensive preliminary digging up of mains. If you have any questions, please advise, Jdrry Clark, Sr Civil Engineer JC:ls 004078 I l~i CITY OF DENTON MEMORANDUM DATE OF MEETING: August 2`1983 T CITY COUNCIL AGENDA ITEM (USE EXACT WORDING AS ITEM IS TO BE PLACED ON AGENDA) Staff report for consideration of changing the signal apt Be.11. and Withers. SUMMARY: The traffic signal at the intersection of Bell and Withers is no longer warranted and Engineering Studies clearly indicate it should be removed. FISCAL SUMMARY: Cost of re-signalization of the intersection will be a minimum of $3200,00 which will only buy a 2 phase controller. Plus annual maintenance cost of. $850.00 ACTION REQUIRED: Removal of the traffic signal at Bell and Withers and placement of 2 stop signs on WiL-hers. ALTERNATIVES: Re-signalization Continued flashing operation STAFF RECOMMENDATIONS: Removal of the traffic signal from the intersection of Bell and Withers. EXHIBITS: 1. Staff Report 5. Newspaper Article,' 2. City Attorney's Oppinion 4336 Dallas Times Herald 3. Traffic Information Literature 6. Letter from Citizens 4. Collision Diagrams 7. Minutes from CTSSC %J TRAFFIC CONTROL PHILOSOPHY Transportation, in all its various forms, comprises the largest sector of oui economy, and the dominant mode of transportation is the personal automobile. Half the population of the United States is licensed to drive and approximately 80 percent of the families own one or more automobiles. This translates to 155 million automobiles in use on the nations streets and highways, Based on this magnitude of vehicle usage, one can imagine the chaos and destruction that would exist in the country if some methods were not available to control this traffic, since the beginning, traffic control methods have taken two forms, formal and informal, The formal methods of traffic con- trol are signs, pavement markings, and signals, The informal methods are roadway geometry, personal direction, other vehicles, and prior knowledge, Of course, the most important method is the formal form of traffic control - signs, markings, and signals. Signs, markings, and signals are employed alone and in conjunction with each other to convey control information to the driver, However, the form of control considered by the general population to be the answer to all traffic-related problems is the traffic signal. But, traffic signals have definite disadvantage.3 as well as advantages and should be installed only after other less re strictive means of control such as stop and yield signs have been employed, Nevertheless, the public's attitude toward the traffic signal as a cure-all and the indiscriminate use of traffic signals prompted the development of guidelines or warrants to be utilized in the decision making process. In addition, specific standards for the design and installation of traffic signals have been established control con- so that the various agencies responsible for traffic vey a consistent message to the driver. ADVAN'T'AGES AND DISADVANTAGES OF TRAFrIC SIGNALS The Texas Manual on Uniform Traffic Control Devices (Texas MUTCD) which is prepared by the State Department of Highways and Public Transportation (SDHPT) and issued under the authority of the "State of. 'T'exas Uniform Act Regulating Traffic on Highways" and adopted by Article III (sections 29, 30, 31) of Article 670.ld V.A.'C,S, states the following in section 4B-3: "Traffic control. signals are valuable devices for the control. of vehicles and pedestrian traffic. However, because they assign right of way to various traffic move:'nents, traffic control signals exert a profound influence on traffic flow. Traffic control. signals, properly located and oper- ated, usually have one or more of the following advantages. I, They can provide for the orderly movement: of traffic, 2. Where proper physical layouts and control measures are used, k.hey can increase the traffic-handling capacity of the inter- section, 3. They can reduce the frequency of certain types of accidents, especially right-angle type. 4. Under favorable conditions, they can be co- ordinated to provide for continuous or nearly continuous movement of traffic at a definite speed along a given rouge. 5. They can be used to interrupt heavy traffic at intervals to permit other traffic, ve- hicular or pedestrian to cross. Many laymen believe that traffic signals provide the solution to all traffic problems at intersections, This has led to their installation at a large number.' of locations where no legitimate factual warrant exists, Traffic signal installations, even though warranted by traffic and roadway conditions, can be ill-designed, inefficiently placed, improperly operated, or poorly maintained. The following factors can result from improper or unwarranted signal installations; l.. Excessive delay may be caused. 2. Disobedience of the signal indication is encouraged. 3. The use of less adequate routes may be in- duced in an attempt to avoid such signals. 4. Accident frequency (especially the r.car- end type) can be significantly increased." WARR N`I`S,_TNSTALY,_krIONS, t2 E;MOVALS The Texas MUTCD lists nine warrants, eu.:h having different re- quirements for installation and continuous operation of traffic si.gna1s. They are-. Warrant Ni Minimum vehicular volume Warrant 02 - Interruption of continuous traffic. Warrant 43 - Minimum pedestrian voluie, Warrant 44 - School crossings Warrant 05 Progressive movement Warrant HG - Accident experience Warrant 47 - Systems Warrant 48 - Combination of warrants Warrant 49 - Warrant volumes for traffic-actuated signals Section 4C-2 of Texas MUTCD readsi "Traffic control signals should not be installed unless one or more of the signal warrants in this Manual are met. Information should be ob- tained by means of engineering studies and com- pared with the requirements set forth in the warrants. If these requirements are not met, a traffic signal should neither be put into operation nor continued in operation (.if al- ready installed)," ~t~ r'r~c _srrt~rir-a._o:~Irz.~f'TON _Ar T~~IJ_i~1Ttr~s~cT.roH,~r _tit~_.~rl!? tiJZ~rl~i~~ Records indicate that consideration of removal or flashing operation at the subject location was first raised in early 1982. Basis for the concern was associated maintenance with 40 year old equipment. Traffic counts were made at that time and it was noted the traffic signal is no longer warranted. Although the `I'exa.ts MU`I'CD clearly indicates that unwarranted traffic signals should be removed, the operation was changed to flashing mode in November of 1982. Recently, following a petit. -n from concerned citizens, staff of Transportation Engineering Division have re-evaluated the operation of the signal at. the intersection of. Bell and Withers. The follow- ing are the results of our investigations; 1. Over 120 hours of vehicular, pedestrian and speed data was collected and the most. critical volumes were used. Four complete signal warrant analysis was performed and neither one of the nine possible u,arrant:5 arc met, 2. Seventy-two percent (72%) of the eas'" bound traffic on withers is generated from north bound traffic on Oakland which make a aright turn onto Withers. 3, Citizens residing along Withers only generate twelve percent (1205) of total traffic on ea,,.-,t bound Withers. Other sixteen percent (1606) are from south t)ound Oakland, who make a left turn onto withers. 4. As a part of the investigation, two Collision Diagrams were developed that cl.e3r.ly indicates accidents dropped from a total of 11 to only 6, Both collision diagrams reflect one year periods, while the signal was fully operational 3 out of 11 accidents were se- vere, which resulted in 6 people being injured. How- ever, there are no injury related accidents reflected in the most recent collision diagram. 5. Only 5 pedestrians were sighted and counted for during the daytime data collection period at the intersection, 6. The pool pedestrian traffic does not have any effect on the intersection. Children are either bused or parents drop them off in front of the pool almost: 500 feet south Of the intersection. 7. Ttraf-fic signals are not used to ccntrol. speed upon road- ways and with the move of the police department to their new headquarters, access to the service center will not be a problem. Presently forty-five percent (45%) of the total police departments vehicles use this inter- section in the morning rush )four period to alccess the set-vice center, with the upcoming move, the route will be different, 8. The ratio of traffic on Bell vs withers is 3 to 1. res- poctively (10628VPD/2564VPD), Although t•he Citizen's Traffic Safety Support Commission heard from concerned Citizens in the neighborhood (please note the addresses from June meeting of CTSSC), no one who uses Bell Ave which .is a Primary Major thoroughfare, was present, 9. Normal operation of the traffic signal. at the intersection will require at least a new controller (price $3200) since the 40 year old equipment is beyond repair and cannot be turned back on with a flip of a switch, Complete inter- section (poles, mast arms, pedestrian signals) will cost in excess of $20,000.00. 10, Maintenance cost for the existing flash operation is roughly $850.00/year, The same means of control can be accomplished through placement of stop signs on withers at the cost of $125.00, 1.1, During the course of the investigation, it was realized that a problem does exist 670 feet downstream at the Senior Center, The problem is exiting from the center, which can be eliminated through removal of the curb at the parking spaces immediately north of the driveway. Moving the curb back between 8 to 10 feet will allow more visibility fo.• the drivers who wish to turn left from the canter. The associated cost is assumed to be between $1200 to $1400, which will be a one time cost. CONCLUSION AND RECOMMENDATION Results of Engineering Studies clearly indicate the traffic signal is not warranted at this location, an(l the signal should be re- moved. Normal operation of the signal will put the City in a liable situation, economically unfeasible, will not solve the problem at the Senior Center., and will cause unnecessary delay and expense on the driving public who use Bell Avenue. Recommendations; 1. Removal of the; traffic signal 2. Placement of stop signs on Withers 3. Extension of parking spaces immediately north of the driveway to the Senior Center e, CrA r OF DGN7,0st TEXAS OFFICE OF THE CITY ATTORNEY MEMORANDUM C,J. Taylor, Jr., City Attorney Joe D, Morris, Assistant City Attorney Robert P. Hunter Assistant City Attorne ' ca~ic; Y f.~ ayssa~arl: , M i 1 r"' run r':7 DATE: February 2, 1983 FES A 710: Chris Hartung, City Manager FItOM: C, 17, Taylor, Jr„ City Attorney SUBJECT: OPINION 336 Texas Manual on Uniform Traffic Control Devices in response to the questions asked in your memorandum of F'ehruary It 1983, you are ridvised as follows: 1. The Texas Manual. on Uniform Traffic Control Devices prepared by the State Department of Highways and Public Transportation is adopted by Article III (Sections 29, 30, and 31) of Article 67014 V.A.T.S. A copy of Sections 27, 29, 30 and 31 is attached. 2. The manual has been upheld in the Courts. See City of Denton v. Mathes, 528 S442d 625, a copy of which is attached hereto. 3, The City Council does not have the authority to overrule the requirements and provisions of the manual. All signs and traffic control devices must conform to the provisions of the manual and, if they do not, the City will be liable for any damages caused by the installation of unauthorized signs and signals. See City of Denton case attached. . L 1 a Chris Hartung, City Manager opinion No, 336 February '2, 1983 Page Two 4. The Texas Manual on Uniform Traffic Control Devices does not require or authorize the installation of any part cu ar tratfc ~s;` iTgn`al, or device, Section 1A-4 of the Texas Manual on Uniform Traffic Control Devices reads in part as follows: "The decision to use a particular device at a particular location should be made on the basis of an engineering study of the location, `t'hus, while this Manual provides standards for design and application of traffic control devices, the Manual is not a substitute for engineering ;judgment. it is the intent that the provisions of this Manual be standards for traffic control devices instal- lation, but not a legal requirement for installation. Qualified engineers are needed to exercise the engineering judgment inherent in the selection of traffic control devices, just ds they are needed to locate and design the roads and streets which the devices complement." The decision to place a stop sign, red light, or other traffic control device is a local judgment decision based upon an engineering investigation of the particular location. &I-1-Is /Z_~ C. J TAYLOR R. CJ TJ R: j s xc: Greg Edwards i wFSc i NF'OPOLATION PROGRAM -.j SERIES TQAFF1 (SIGN A B DOES SOMEBODY HAVE TO BE KILLED BEFORE A TRAFFIC SIGNAL WILL BE INSTALLED? Traffic signals don't always prevent accidents, They are not always an asset to traffic control, In some instances, total accidents and severe injuries Increased after signals were installed. Usually, in such Instances, right angle collisions were reduced by the traffic signals, but the total number of collisions, especially the rear-and type, Increased, There are times when the installation of signals result; in an Increase in pedestrian accidents. Many pedestrians feel secure with a painted crosswalk and a red light between them and an approaching vehicle, The motorist, on the other hand, is not always so quick to recognize these "barriers," 0 When can a traffic signal be an asset instead of a liability to safety? In order to answer this, traffic engineers have to ask and answer a series of questions; 1. Are there so many cars on both streets that signal controls are necessary to clear up the confusion or relieve the congettlon? 2. Is the traffic on the main street so heavy that drivers on the side street will try to cross when it is unsafe? 3. Are there so many pedestrians trying to cross a busy rraln street that confusing, congested or hazardous conditions result? 4. Are there so many school children trying to cross the street at the same time that they need special controls for their protection? If so, Is a traffic signal the best solution? 5. Are signals at this location going to help drivers maintain a uniform pace along the route without stopping unnecessarily? Southern California Section 6. Does the collision history Indicate that signal controls will reduce the probability of collisions? 7, Do two arterials intersect at this location and will a signal help Improve the flow of traffic? 8, Is there a combination of the above conditions which indicates that a signal will be an improvement rather than a datrlment? To aid them in answering these questions, engineers compare the existing conditions against nationally accepted minimum guidelines, 'these guidelines (often called "Warrants") were established from many observations at intersections throughout the country by experienced traffic engineers, Where the guidelines were met, the signals generally were operating effectively with good public compliance, Where the guidelines were not met, public compliance was reduced, and additional hazards resulted, A traffic signal that decreases accidents and Improves the flow of traffic Is an asset to any community. On the other hand, an Ill-advised or poorly designed signal can be a source of danger and annoyance to all ; ho use the Intersection,, pedestrlans, cyclists and drivers alike, I IM/1 W77 TRANSPORTATION 8NOINEERING DENTON, TEXAS AA7T: CXYf18aT=; 7-'27. 83 Ii120M L..7/1 / 81 7 / 1 R 2 ~ f V u v ce a a 04 p ri in O vi 00 o r U f,l r-i rl N co CA co 00r. I I I P. O F I ell O N r+ ra r+ d N 00 1-7-82 2:25 NH.C,O, 4-2A-82 5:58 AN it,4J. Q n Od -16 . ilt:RS A P U G M x 00 .-ni G i N Ln O r 14 M M n a + N W co o b 00 to M hl O I I N M I~ I M ' 1 PAV OP Vj=RCYCUST { PARKF.fD uFTIICLM 0 `PLtBE: PA'LEI OF BICYCLIST -b- ~ F.MD oniP T U N--AM P -PH PNIH 01., r DVXNG VEHJC'f F: OWVI'UR RED PAVEMENT: PIaV-.St-CRTAN PA`IH _ 4 our OF CXxNMIJ 1)=I)RY T=ICY 11=149P k7'`'L'AL O SID Sti IPP WF'.A7E UZ: C: C 1 AR PFCG R=RALTN A10N-VATA•L p RE?TIR rND CST.UISIO 1 5I;=SE.TsIi'C S_SIA';44 ACC MENT- SUMMARY DAY * N f G H T T 0 T A L -au ~4W -NM-01 CLA_SSIMA110% BY TYPE FAM. AJAt f¢Ah~G TO7Al FA'EAI FAl?l DA 1G TOTAL FATAL f_ALI~ DA'R 7OT'AL APMOACHING AT RIGHT ANGLES 1- 3_--_4-- - 4 APMOACHING SAMF: DIRECTION _ 6- 7 AMMACHING OPPOSITE 01RECTI _ - PEB Ei S -M I A N A C C I D E N T FIXED OBJECT ACCIDENT OTIIIR ACCIDENTS TOTAL 1 9 10 1. 1 _ I1 AV PUBIL1-V DAATI DUSK I?L.'i4JE~N 1XISK_& 12WH t.., DIAGRAM nmw,owrATION ENGINEERING DENTON, TEXAS UAIV, C S~.~a 7-27-83 7/-1/82 -711183 _ c~ U r N n! I M N N cli 00 Ll I T co ~ ro I u, n~ vi ~ n • ro Li . t, 5-15-83 9:18 AM C.D. 2-8-83 .8:45 Aft C,D• WITHERS r Fl O r I ~ N 1 b~ I N b v, W r r 1 w A co a ' PATH OF NMORC ICIAST ) ~ PAWM V041CL'~E t~ 'IIMI;: PAW OF BICYCLIST -0_; FIXED OI3'FI)C.T D A--AM I'=TAM Mal OE' MOVING VEHICLE: -4 OVRT2'IURNEII 11AVF7NENP.- !?EIh:iif2IAN F'A'LL3 4 0[II' OF MMIROL ll l)RY x =ICY W--WET FATAL 0 SIllES~VIL'k WF.A'IT1M: =\Z--FA'T'AL 0 C.`---U L'M Ft FAG R--RA-M IF:J:R D AND ODLI;LSION MI SLi.L'i' S-SDk-Aq ACCIDENT SUMMARY 0A Y* NIGHT T O 7 A L Now- RGp FAT -Now PRP rPROP TOTAL FATAL -No- CE.ASSIfIOAilOff BY TYPE _ FATAL~pg7gLrgAlvSqG 707A ~rA D~~ TOTAL FATAL EFTA O~A YOT AL APPROACHING AT RIGHT ANGLES APPROACIIING SAME DIRECTION _ 1 1 1 APPROACHING OPPOSITE DIRECTION PEDESI''RIAN ACCIDENT _ _ FIXED OBJECT ACCIDENtr OTHER ACCIDENTS _ I 1 * WkY 13L•'I1fL'I•V UMN & DLLSK NI( II - 11C'I1VE!,N DUSK & lA WN IAT'A~• Tucr<IaY,July?0,IN3,lyAl,1.A5'flAlltiIIPJlA1.U ow-cost solutions can case traf'c congestion R IJAVII) F1RiS1 ONB ter of the fUlac city transporiafton de• Ilghts are carefully un+ed and toul(linat• highways have h'ptacvd 'city alropls, the poking is prnhiWM only during S I(1Vrller mPoet Inent. " much "They work, and they clal'i tt m M. two.Iheylhlydcatxcut travel Wall by as much many older signals have t eeme o>a okrte, ' ruAh licit". but tilt, extra ova larnir tarn ' a real clip uanapartauoo planner Wilson gay, the city makes parllculy in Uallar, Algrwl mordi necdlmly hlia frring waffle The drye nauon ranges renavM AWul 30 Opals In (weal Mar, haa can Increase aversge spis sutasuntuliv. dream of bulld ng rail Iransu lineal use of swh techniques In areas where from the 177 d1+w7tiown Inter ilont Wilson says, and 50 other are CQWI;lerai a k wile Ihoroughfor", (hey usually explosive develophicat has exce"Ied the eontrollcvi by aanpulor to aimppto Holing carxiidates for silo signs Irsleadol II ht+. ~I It's mire ~m"rrgi ►tnrd Ihelr working days on more down. city's sblllty to build roads, adpt+unents on leaser ihcxw gb(area. WII• P g than other ntraaum, but k w vmtp rN trw.tanh taskT. "It gives )w A chance to tallor•mike iron rays (lint because older signal warn *I A flu street Undor Another ctln c anrnn+W way to n~enove a bolllerxxk b to IroWI a throlryte an InkravUOn and ice yr naff k prank signal tinVngg and IeH•lum the atrrot apteen to add a tittle trim, cad I titably (Allan Of syarhronlaagon, the; leA(Hum y to r lane, a "free" dghl•lurn lane ' fmn stopplug al all. A ell dfkaln tlra. Ia~ss Amy net sewn at glamnras ae more pxity;' he aaya "It's like art slip our city is n>,+vin toward etectronleotly Mr. `wylh a yyeId Ngn Irutead of a Hghl~, or c'k le Thal II often requIres ronuurereWa vi le, rilywide niewurm, but dollar for clothes; You can lake In Ow Watslbaad or limtlol aignabi Ibat call be YAN(A at dif. 1 ar, they are often mnro Mhvtlve at lei H art a hole depending on our rend fermi times of day, a ntolY additional lvivemsnt to an Inter. land oral the ble rl,xadorl a+ arearby rv sing Ira reU of songls Han. Although , dlual, twt yet still have t~t same Already, dozers of nuJor Nk Cliff Ind url on. TrotHe Wrttorta rxw alripinpk and • Iroptrty, an can be muightiy. Alahrt 11(n y are l untlally 6and•Ald aolutiau, wardrobe." lerwlfons have Men mblcd IolMtlur, r Abwl surfac4ng am also MI.-Mitred Irlpful. tlive hecit sinc"rations love MrncanatzTrctxl Ia' atWkingg syn+ploms rather than eausem. A recent study by the North C'entrsl and an eld lvmpulcr A>~atcm eonlmix sig. have a 1XIII4 rove duoty a ixiett two the Nty since IABI. aa+ , actlnru are often the primary tasks Toxae Crwncil of Goverrenents listed the nals at North CA.ntral Ex mimes and years, ~ been Imp tf orw In th pall two ofhaany city tzanspoe+atlon departmenra, following tow-coat actions as among the other East Dallas thomithfareT. The wiUr rack one saving nlxwl 4,000 Other meaTUrn Include hI h rrrnpan. i.Troruliorutlat ay sum mansgernent" mast effective In keeping traffic maving: Council of Govemmenus reports that man-ours of travel a year, cy vehicle Lines for bit&". vam and car teth"uf% as planrttr call Them, are "A Trait Waved prop maianl There's about 400 Intemvtions In Aallas County r peels, better signs & I'd street rnurkings. Vilh p>tdul l, pth~nuou can ter t+nWrtg Moro irritating to a pack of rush. have undergone slglml progrtsi ht the don'tResit, but about Rib r llet tat r rob- jre, K tnovthe of bus s oof can A Am a d It"tr nut tlv Bays Sam ~~0aon, Aassistant tli 41 hi dined blwr drivers than a stiles of red lighu+ al rmt two year, side parkin on mt pr ~>ro of nd +ha nvKA ^ every Inlersectlon along a ma}rr alreel. If Trn1A0 1111111111141 r.rtwraJt As urban romorttl in It the pall /or two o )(-are. Usually. been f fight of turns s ea r essieer. se curbs to :ns>ar iuA t p Syr I a T~\ 302 Den Texas xrvet Aon ~ II~~ LUUJ I:J 1..~ tan, Texas Mr. Kooresh OXyai MAY 2 01983 Traffic Commission 33 City of Denton i l I 21 ia, McKinney Street 1 . L.,..: Denton, Texas 76201 ;;~;>>t hlbllc V". Dept. Ploy 18, 1983 Service Conter Dear Mrs Olyaii Wo are writing to publioally express our interest and oonoe'rn regarding the traffic situation in our neighborhood, The speoiflo problem is the intorsootion of Boll Avenue and rIlthers Street at the NL coiner of the Civic Contor Park. The present situation of a flashing light - yellow for Boll and red for Withers - does not allow those of us who lave or work to the east or west of Boll Avenue safe access on to dell. lbere are many times throughout each weekday when access is almost impossible - the a,m going-to-work, the noon break, the going-home traffic, changing classes at Till, and the steady use of Bell at all other times as a N-S through route, rho many retired citizens who live in this neighborhood would greatly appreciate a safer -•W crossing with a red-green stop light oontrol., Perhaps even more important is that they numbers of children using the pool, practicing or playing with their sport teams, using the playground or just enjoying the park will greatly increase over the coming summer months, The presence of a stop signal can add to their vaaf'er access to these facilities at Civic Center Dark, We therefore request that the traffic signal at Bell and Withers be operated on a red-groen basis, An alternative to this might be a 4-way stop Inte.rseoti.on similar to Hickory-Jagoe, lie appreciate your attontion to this matter. Sincoroly, h9c•~d 'vf (~~,L.{«Y~✓ 't'hese ConoernwCitizens Dr, and Mrs, H.F,Eirdman No. Nellie Knipp 302 Texas Street 613 E, College Edgar and Ruby Shelton 1114 Vino Street Mr. Ellis Thomas Ms. Dorothy Porto.r Kathy Shelton 1001 Cakland his, Aline Wolters 2423 Sheraton Place 600 Grove sirs. H.Francis Rine hlrs. Deborah Shelton 602 Woodland 621 Grove Nr. and bars, Harold Sanders Rr, and Firs, Harry Snapp 921 Cakland 612 Grove Rrs. Kax Shipley Dr. N. Swain 613 College 613 Grove hhry and Richard Kunkel hz. and firs. A.W.Woolsey 610 College 619 Grove Pis, Sue McGraw CCj Councilman Jas.Riddlesberger 611 D1. College Asst, City Mgr, Rick Svehla Polly Plutnuner 616 Pirtle Street MINUTES FRO( CZTI7,F NS i~j7~t?l 1C S l'IrY_:SUF~?ORI'~C~NfI~~TSSM 6. Discussion was hold concerning removal of the signal at Boll and Withers, Greg, BdlVtird6 stated that with the y,1y~S1 implementation of the new signal at Be" alid Alingo, that there might not be the necessity for the light net Bell and Withers, This light is almost 40 ybars old and has caused maintenance problems in the past, He suggested that the Commission consider removal of the signal or utting the signal an flashing eshiCommissi n osagroBell od and (look ngatrod this Withers. intersection for the next month and discuss, it at the next mooting when a traffic count would be available. f 2. Discussion was held concerning the traffic signal at Bell and Sgithers, Greg Edwards stated that the traffic patterns have changed due to the new Bell-blingo intersection and that the light at Bell and Withers now does not meet warrants. Xt was noted that traffic is heavy at the ~QZ intersection during peak hours and that the flush mode causes traffic to move tester that synchronization. Greg proposed to set the interseution on flash for 6 months and see how it worked, with tho option of changing it bacl; sooner that 6 months if serious problem arose. It was noted that a traffic count was done during the summer when ,TwU enrollment is down. Motion was made by Autrey and soconded by Kaye TO T]~BLE ACTION AND TAKE A RECOUNT OF THE IN'TTT-1RISECT'ION IN SEPTEMBLR WHEN TWU IS IN FULL SESSION. Motion passed unanimously. 5. Greg Uwards addressed the C,omlilinsion concerning the intersection of Bell and Withers. fie recommended that this intersection be put on flash as it no longer meets warrants and would be a cost savings of $16,000 to $32,000 per year to the Citizens. Motion was made by Kane and seconded by ' K. Robinson to PUT THE INTERSEC'T'ION OF BILL AND 4VI'1'Hf F25 0\ PLASH WITH YELLOW FLASHING ON BELL AND RED FLASI[ING o14 WITHERS FOR 6 MON'T'HS AND TO BE REVORTF-U) ON AT TFIE END OF SIX MONTHS. Motion passed unanimously. CI`1'IZEW 'T'RAFF'IC SAFETY SUPPORT COMWSMION MLIETTNO .Tune 6, 1983 Wayno Autrey, Chairperson Rocky Kano Hrueo Chamberlaln Dori:r Chipman Virginia Gail.ian EjE)S).ENT 011.11br.rt. Bernstein Kurt Solomons Kon Robinson Bob George LTAFYL Koorosh 01yai, Traffic Engineer. Sgt. Clovis George, Denton Police Department CIA. Glen Smithers, Denton Police DepartmenL• Virginia K. Neely, Secretary The Citizen's Traffic Safety Support Commission meeting was call(--:: to order by Chairperson Autrey in regular session on Monday, Jun_ 1983 at 3:35 P.M., in the Civil Defense Room of the Denison Mt~nic al IluiId i.ng, A motion was made by Rocky Kano and seconded by Virgi.-. La Gallian to approve the minutes of the April. 4, 3.983 moeLing. 'T'h: motion' car. ri.ed unanimously. l:tenr 1{3; Si:a.Lf E2e,uort ,lL1t11 RgCL,- C3-t,! `I;raLfSjAnal-_ ajpfjai:.ian ar the Intersc.~t.ion of Bell ~jnd Withers Koorosh Olyai presented the staff recommendation that, a signal. L:.,.-.,'ht was not warranted at the corner of Bell and. Withers. Mr. Ol.ya:i :sated that, according to Lhe Texas Manual on Uniform Traffic ConL.ro.l D,--ices, the Lraf:fic count at. Bell and Withers does noL meet the m.ini.:rrurn e;;trire- ment to lcclally warrant a signal light at this corner. Xoor.osh : tatcd thaT two traffic signal warrant analyses had been conducLed sinc- the Traffic Safety Support. Commiaai.on Juno 6, 1983 Page 2 last: CTSSC men Ling was hold, Commissioner Autrey ktcsked Mr. , Ol.yai the last 24 hour traffic count: figurefs were, Mr, olyai pre;3onLed ~,O following f.tgurea, North Bound 50012 South Bound 5,616 [past Bound 1,984 West Bound 580 After presenting the above figures goorosh re-afftrmod his posiLicc-. that a traffic signal at Bell and Withers was not. legally warrante"i. Seven citizens appeared before the CTSSC; to present their roconunen'_stions that the flashing light at Fell and Withers be changed to a rotaLi--g green and red for the following reasons: 1) Bell and Withers is located close to the Civic Canter. Park, The City swimming pool. is also located at the park and it • ti;as felt by the citizens who appeared, that the light being .-n flash reprosenLs a danger to the .la•r.cic, number of children t:--t use the part: facilities. 2) The citizens who appeared also felt that iL reprosented a d,---nger to the senior citizens of Denton, who hold many of their fur..~tions at the Civic Center, because it is very d.iffiC.ul.t to enLor traffic on Fell when leaving the Civic Center. 3) The flashing light at Bell and W.ithors, causes a hardship on citizens who have to cross Bell at Withers espocial.ly Burin rush hour traffic. it not only presents a hardship but it _lso causes a back tip in traffic. 4) CIA. Glen Smithers also appeared before the commission in E vc)r. of the reinstatement of the rotating green and red light b-,:ause • he felt that it worked as a speed conLr.ol on Bell and that. :t also allowed easier access to the City Scrv.ice Center.. `t'.rtlffiC 8nf0ty Support ComtllissiOil Jame 6, 15183 Pecan 3 The ciLi.'rens that appeared before tho Commission are as followsl Mr.. Richard Kunkel, 610 College Mrs. Marie Gore, 710 Dell Mr, Max Shipley, 61.3 I,„ College Mr. Cornelius O'Brien, 2423 Emerson )in, Ms. Kim Hutchings, 1320 Norman George Clements, 2501 N. Bell Cpt, Glen Sm.ithers, Denton Police Dopartmont Kooro sh Ol.yai again re-affirmed his recommendation to remove the signal at Dell and Withers, Koorosh quoted the following reasons from Section IA-2 of the Texas Hanual on Uniform Traffic Control Devicos that make the signal light at Bell and Withers illegal as the basis for his recommendation. To be effective, a Traffics Control. Device should meet 5 basic-, requirements. They area 1) Fulfill a need 2) Command attention 3) Convey a clear simple meaning • 4) Command respect, of road user 5) Give: adequate time for a proper response Section 4C-2 ot" the Texas Manual an Uniform Traffic Control. Devices further states that. "Traffic Control signals stlould not be insL-allod unless the signal warrants in this manual are met:. Informal:.ton should be obtained by means of Engineering Studios and compared with the requirements scat forth in the warrants, if these requirements are not met, the Traffic Signal should neither be put into operation nor continued in Operation (if already installed) Virginia Gallian made a motion that the CTSSC rec.,ommend that the signal 1.i.ghL at Bell and withers be reinstated to green and red rotating. Rocky Kane seconded the motion. The motion carried . unanirnouSly. • Item 44: Consicle al.i,on_of_ SL13i e " arIt m _I ghw_Lys mind Public I'ransr!9ttal:ionsal for reconstrLI t.ion of .11.35 from Cdpkc Goutlt.y___Li;ne _to_U.S.._:77 CITY OF DENTON MEMORANDUM T0; Mayor and Members. of the City CounC.il VROM; G. Chris Hartung, City Manager DATK: July 28, 1983 SU13JECT: Proposal from Arthur Andersen to Provide Professional Services Arthur Andersen and Company has submitted a proposal for supplemental work to be conducted in conjunction with the annual audit per their agreement with the City. Their audit proposal did provide for approximately 60 to 80 hours of professional services, valued at approximately $5,000, at no cost to the City. After discussions with me, members of my staff, and members of the City Council, Arthur Andersen has submitted several. proposed projects, the total. cost of which is $11,700. After reviewing these proposed projects, it is our recommendation that the City Council authorize Arthur Andersen to proceed with all. of them. Several of tlae projects will be billed to specific special fund accounts and will not have an impact on the General Fund. The additional cost to the General Fund of $2500 is generated largely by the proposed project to develop written procedures for year end closing entries and will be of tremendous assistance to the Accounting Division stuff in preparing the closing entries for the annual Financial Report. A brief recap of the proposed projects and the funding sources follows.. Estimatid Fund Cost Source 1. Review of Finance Department Accounting Division $4,000 General Fund 2. Develop proposed approach for fixed tastet inventory $1,500 Special Project Fund 3. Develop proposed approach for compliance with Public Utility It ulatory Policy Act (Phpe,~ reporting; requirements $1,200 Utility fund fttao to Council Re Arthur Anderson July 28, 1983 Page Two Estimated Fund Cost Source 4 , Develop accounting procedures for motor pool transacLionr, $1,50() Motor Pool Fund 5. Development of written procedures for year end closing $3,500 Goneral Fund A copy of the proposal is attached for your infor"'ation. , i G. Chris tartung ca attachment I 04480 t~i2T'I111lt t~N17P.R~1'.N CO. JAL 2 r~ Sul'1'I1 dl'oo ISOI El,?I DALLAS, T HSAS 715870 (1'1,1) 7.11• LVbI Jule 20, 1983 Mr. G. Chris Hartlmg City `tanager City of Denton 215 East McKinrhey Den Cott, Texas 76201 De,nr Mr. Hartungl This will confirm the arrangemellLs made with you regarding the contributed services we have agreed to provide to the City during 1983. As was discussed in our audit proposal, we 14111 provide approximately 60 to 80 hours of professional services, valued at $5,000, at no cost to the City. These services will address areas selected by the City, The attached exhibit includes a description of the areas elected by Lhe City for inclusion under this contributed services program. The estimated cost to complete all of these projects is in excess of $5,000, and we will bill the City for this excess, During the course of these pro- jects, we will meet regularly with you or other members of City management Lo communicate the 0-atus of the projects including the hours and cost being acculllU'aLed. Au), significant change in the estimated cost or proposed s;ope or approach will be conununicated to you as soon as these become known and before any additional time is incurred. Also attached is a li.st of potential projects for 1984. These matters will be discussed further as we proceed with the 1983 audit and you refine your priorities, We are happy to contribute to the resolution of these Important issues of concern to the City, Should you have any questions or wish to discuss this further, please call me at 214/741-2261, Very truly yours, ARTHUR ANDERSEN S CO. Richard W. Kreutzfei& psL Attachments I CITY OF DENTON POTENTIAL. PROJECTS FOR 1964 - Assistance in the development of an internal Audit department, - Assistance in the development of an accounting procedures manual for the finance department, - Assistance in establishing formats for monthly reports, mechanization of these reports, and development of written procedures for these reports, - Conduct of training courses such as the following: - Governmental accounting - Use of microcomputers - Management development - Utility cost of service studies and other rate case consultation CITY OF DCNON SERVICES TO BE CONTRIBUTED BY ART[1UR ANDERSEN & CO, RCVIEW OF FINANCE DEPARTMENT ACCOUNTING DIVISION) Objectives To provide recommendations regarding the organization structure, number and skill levels of personnel, training needs, efficiency of operations, and mechanization of certain functions, Key Steps Estiwated hours 1. Identify the objectives of this department through 3 interviews with top management, 2. Evaluate the organization structure of the depart- ment and the number and skill levels of the personnel relative to the department's objectives. 7 i 3. Interview the key personnel in the finance depart- ment and obtain answers to the following questions: a, What are their responsibilities? b. What supervisory responsibilities do they have and who do they report to? Co What functions do they perform (Le., preparation of reports, analysis of accounts, etc.)? d. Do they feel they are adequately trained to fulfill their responsibilities and, if not, what additional training is needed? e. What suggestions do they have for improving the efficiency of the department's operations? 17 4. Interview the data processing manager and obtain ans- wers to the following questionst a. Presently what reports generated by data pro- cessing are being used by the finance depart- ment? b. Is efficient use being made of these reports? c, What additional reports would lie suggest be used by the finance department in order to improve the efficiency of the department's operations? 4 5. Interview the heads of two key departments which are users of information generated by the finance department and obtain answers to the following questions: Estimated hours at Are the department's needs being met by the data provided and, if not, what are the deficiencies? b. What suggestions do they have for improving the communications between the departments? 6 6, Summarize the results from the interviews and other procedures and draft the report of findings and recommendations. 8 7. Discuss recommendations with management. 3 8. Partner and manager supervision and review, 5 Total hours 55 q b Estimated cost $14,000 ===no DEVELOP PROPOSED APPROACH FOR DEVELOPMENT OF FIXED ASSET RECORDS Ob ectivosi To provide ro `-he City Council a discussion of the types of records which are needed and the purposes for which these records would be used, (This should enable the Council to determine the priority to be given to this project.) Also to provide a discuss- ion of the possible alternative means by which these records can be developed, Key Stepss Estimated Flours 1. Interview key members of management (City Manager, Assistant City Manager, Utility Director, Insurance Coordinator) to determine the followings a, what records presently exist? b. What records are needed? c, The purposes for which such records would be used. d. The sources of information to be used in developing these records. e. Suggested means by which such records could be developed. 7 2. Identify alternative means for the development of the fixed asset records including the methods to be used (e.g,, appraisal, build up from existing records, etc,), the nature of the resulting records (i.e., manual or mechanized), and who would develop the records (i.e., city staff, consultants, or a combina- tion of both), 6 Estimated flours 3. Summarize the comments and draft the report, 3 4, Discuss recommendations with management, 2 5. Partner and manager supervision and review 2 Total hours 20 estimated cost ;11500 anoam DEVELOP PROPOSED APPROACH FOR CORPLIANCE WITH PURPA REPORTING REQUIREMENTS Obj± tives; To develop a proposed approach for compliance with these new requirements including a discussion of the sources of the needed infor- mation, possible mechanization of these reports, and responsibilities for generating the information. Ke} Stej~s; Estimated Hours 1, Interview the utility director and review accounting records to determine the followings at The sources of information from which the required reports would be generated. b. Whether the information to be included on the required reports is readily available or whether analysis, calculations, and accumulations are needed. c. The estimated time required to prepare the required reports, d. Suggestions for development of computer programs to prepare the required reports, 6 2, Interview the data processing manager to deter- mine the feasibility and cost of d gcloping the computer programs to produce the required reports, 14 3. Summarize the comments and draft the report, 2 4. Discuss recommendations with management, 2 5. Partner and manager supervision and review. 2 Total hours 16 Estimated cost $1,200 ~[=CCG DEVELOP ACCOUNTING PROCEDURES FOR MOTOR POOL TRANSACTIONS Ob,jectiyest To assist the City in developing procedures for the motor pool fund to include criteria for which vehicles are to be includod, initial funding policies, policies for yearly charges, policies for funds accumulated under the yearly funding, policies for investment earnings, and assignment of responsibility for monitoring these transactions, Key Stepat Estimated Hours 1. Interview top management to determine the ob- jectives they wish to achieve through use of this fund, 2 2. Interview the assistant finance director to determine the current accounting used for transactions in this fund, 3 3. Interview the heads of key departments having transactions with this fund to determine: a. The nature of these transactions, b. Any suggestions they may have for changes in procedures, 7 4. Summarize the comments and draft the report, 3 5, Discuss recommendations with management, 2 6. Partner and manager supervision and review, 2 Total hours 19 tlC Estimated cost $10500 n 4C ~ n DEVELOPMENT OF WRITTEN PROCEDURES FOR YEAREND CLOSING ENTRIES AND PROCEDURES Objectives: To assist the City in the development of written procedures for yearend closing entries and analytical procedures, Key Steams: Estimated Hours 1. Identify the closing entries to be made at yearend through a review of the closing entries made by the City in the prior year, a review of the audit adjusting entries made by the auditors during the prior year, and a discussion with the assistant finance director. 10 Pstimated Hours 2, For each entry, assist the finance department personnel in developing written procedures to include the sources of information, due date for the entry, and responsibility for tho entry, including review. 20 3. Identify analysis procedures to be performed at yearend through a review of the various accounts on the general ledger and a dis- cussion with the assistant finance director. 5 4. Assist the finance department personnel. in the development of written procedures for these analysis procedures to include a description of the procedure, a description of the format of the analysis, due date for this procedure, and responsibility including review. 10 5. Discussion with the assistant finance director regarding the results of this protect will take place during the above steps. 6. Partner and manager supervision and review. 5 Total hours 50 bC estimated cost $3,500 bbtlbq CITY OF DENTON POTENTIAL. PROJECTS FOR 1984 .Assistance in the development of an Internal Audit department. Assistance in the development of an accounting procedures manual for the finance department Assistance in establishing fortuats for monthly reports, mechanization of these reports, and development of written procedures for these reports. - Conduct of graining courses such as the fol.lowingt - Governmental accounting - Use of microcomputers - Management development Utility cost of service studies and other rate case consultation, ~(n ciryof DEWON, raXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 TELEPHONE (817) 566.8200 M Ii N U It A N D U M TO: G. Chris Hartung, City Manager FROM; Itick Svehla, Assistant City Manager DATE; July 27, 1982 SUIIJGC'I'. Denton Concrete I visited with the City Attorney on the problems at Denton Goncrute, It is my understanding that he has sent a lottur to Mr, Don Davis of Denton Concrete to advise him of the problem. If the Council has further questions, I will be available at the Council meeting, 1G V l a DEPARTMENT OF PUBLIC WORA 1 r! I CITY OF DENTON MEMORA' XUM TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager DATE: July 28, 1983 SUBJECT: Flow Hospital Funding Isucause of recent comments by members of the County Commissioners Court reported by the newspaper concerning the funding for Flow Hospital for the coming fiscal year, 1 folt that the City Council needed to further discuss its position. This is especially appropriate in light of our recont joint meeting with the County and the meeting between representatives of the City, County, and the Flow Hospital staff. 1 have had a subseconversation with the administrator of Flow Hospital and tl be prepared to supplement the Mayor's report of his meeting with representatives from the County and the hospital. I would remind members of the Council that any final decision n funding for the hospital, ought to be rude in the context of he City's overall budget discussions which will take place beginning on August 30. UT Chris Hartung ca i 09470 ~ERIIFICATk OF AUTHENTICITY THIS IS TO CEPTIFY that the mlcrephnlographs oppeoring an this FlIm"PIla ' 1N.rNny with CITY COUNCIL AGENDA PACKET 08/02/83 and knding with CITY COUNCIL AGENDA PACKET oro acturoto and complete reproducllens of the recotds of (Company and D#p1s) CITY OF DEMON CITY SECRETARY .as dollvered In the 1090or coufso of bYslnecs for phologrophing, H Is further cordfled that the rmicrgphotographic processes wer+ accomplished in 0 n►annec and on Alm whlch meets with rolvIromenls of Ihp Nallonol bureau of Sland"s fex perma- nl mlcrophologrop:ilc copy, J ,fie • Rncorda Com~arp,~, ILvaislTCCHMOLOGY ATl ~ PLACSx &1A y4lt`fttk 8" Atw Arlin Ion Tout 76010