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HomeMy WebLinkAbout12-20-1983 Cl+y clLlV1G I Ageviolo. ~ackef 'Decevnbev 20, ~W3 ' AGENDA CITY OF DENTON CITY COUNCIL DECEMBER 20; 1983 Work Session of the City of Denton City Council on Tuesday, December 20, at 530 p.m, in the Civil Defense Room of the Municipal Building at which the following items will be considered; 5130 p .m, 1. Receive a report on the audit from representatives from Arthur Andersen. 2. Receive a report fr.ora representatives of Henningson, Durham & Richardson (HDR) on the City of Denton Sanitary Landfill Permit application. 3. Receive a report concerning the status of application for Community Development Block Grant. 4. Receive a report on South Denton residential development on property zoned for higher uses. 5. Executive Session,: At Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S, C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S. D. Hoard Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. Regular Meeting of the City of Denton City Council on Tuesday, December 209 at 7100 p.m. In the Council Chambers of the Municipal Building at which the following Items will be considered, 7100 P.M. 1. Consent Agenda, Each of these items is recommended by the Staff and approval thereof wi11 be strictly on tha basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his deuignee to implement each item in accordance with the Staff recommendations. City of Denton City Council Agenda N Dtember 20, 1983 Page Two A. Bids & Purchase Ordersi 11 Bid #9202 - Reciprocating Water Chiller Unit 2. Bid #9208 - Ttres & 'fire Service 3, Bid #9213 - Power Rescue Tools 4, Bid #9214 - Protective Clothing 5. Purchase Order #60401 - JS Equipment to excess of $3,000.00 6. Purchase Order #60934 - Bolain Equipment in excess of $3,000.00. 7. Purchase Order #61255 - Kimbal Audio-Visual in excess of $3,000,00 B. Plats and Replats 1. Approval of the preliminary plat of the Snider Addition. (The Planning and Zoning Commission recommends approval.) 2. Consider vacation of final plat of the McAninch Addition. (The Planning and Zoning Commission recommends approval.) 3. Consider quitclaim of fifty (50) feet of public right-of-way dedicated for Continental Street in the McAninch Addition in the City of Denton. (The Planning and Zoning Commission recommends approval.) 4. Approval of the preliminary plat of lot 1R, block 1 Minter Addition. (The Planning and Zoning Giommissioo recommends approval.) 5. Approval of the preliminary plat of the Hickory Creek Park Addition, gThe Planning and Zoning Commission recommends approval.) 0. Contracts 1. Approval of an agreement with the Denton Independent School District and the City of Denton for Joint Usage and Development of school and C'ty Facilities. (The Parks and Recreation Board recommends approval.) City of Denton Debember 20, Ci 983ty Counatl Agenda 1 Page Three 2. Approval of renewal of a maintenance contract with TRSS Cor the utility billing systems D. Tax Refunds 11 Approval of a tax refund to U, S. Life Title Co 1mpany of Denton for erroneous payment of 983 City of Denton taxes to the amount of $570.68 E. Payments: 1. A to the pproval of invoice for 1984 membership dues Texas Public Power Association. Public Utility ility Hoard recommends approval.)e Change Orders: 11 Approval of final Change Order #5 for time extension of Contract "H", C-48-1188-13, Hickory Creek Lift Stations (The Public Utility Hoard recommends approval.) 2• Public Hearings: A. Z-1617. This is the petition of Tom Fouts requesting a change in zonin from agricultural aA2.11 acregparcel located dad scent sandcsouth of East McKinney approximately 400 feet east of the Intersection of Loop 288 and East McKinney. (The Planning and Zoning commission recommends approval.) 1. Adoption of an ordinance approving a change from ag classification) on to 2.11 acre parcel located adjacent and south of East McKinney approximately 400 feet east of the Intersection of Loop 288 and East McKinney. H. Z-1619. This. Is the petition of Marshall Everett, representing Manor Green, Inc, requesting a change in zoning from single famll' (SF-10) to the planned development classification on a 16.61 acre tract beginning adjacent and west of FM 2181 and adjacent and east of Southmont Place Addition. If approved, the planned development (PD) would permit office MMq iey of Denton City Council Agenda cember 20; 1983 Page Four use on approximately 1.2 acres along the frontage of FM 2181 and duplex land use on the balance of the property. (The Planning and Zoning Commission recommends approval,) 11 Adoption of an ordinance approving a change in zoning from single family (SF-10) to the planned development RD) classttfioa:ion on a 16.61 acre tract beginning adjacent and west of FM 2181 and adjacent and east of Southmont Place Addition. C. Public Hearing concerning the proposed annexation of approximately 175 acres of land beginning at the existing city limit on the north side of Highway 380 east, Z-1621 (The Planning and Zoning Commission recommends approval.) 3. Approval of the final replat of lots 19 and 20, F. M, Darnall Addttton. (The Planning and Zont:lg Commission recommends approval.) 4. Ordinances; A. Consider adoption of an ordinance directing the issuance of notice of sale of bonds. (The Public Utility Board recommends approval.) B. Consider adoption of an ordinance directing the publication of notice of intention to tssue City of Denton utility system revenue bonds, series 1984 to the maximum principal amount of $1,060,000. (The Public Utility Board recommends app roval.) C. Consider adoption of an ordinance approving quitclaims for abandonment of two easements for a 40 acre tract from J. D. T.tlly Survey, Abstract 762, and the William Lloyd Survey, Abstract 773 owned by Denton Four Joint Venture. (The Public Utility Board recommends approval.) D. Consider adoption of an amendment for the stteet light pro-rata charges. (The Public Utility Board recommends approval.) E. Consider adoption of an ordinance approving the proposed fees and charges for the use of Parks and Recreation facilities' and programs. ('The Parks and Recreation Board recommends approval.) F. Consider adoption of an ordinance approving the proposed fees and charges for use to admintstertng the cemeteries. (The Parks and Recreation Board recommends approval.) 4 City of D8~ton City Council Agenda December 1983 + Page Five G. Consider adoption of an ordinance amending the electrical fees to provide for chargip the existing fee on a per unit basis for 'living unite in apartment complexes (The Electrical Code hoard recommends approval,) K. Consider adoption of an ordinance authorizing tax deferred status of the Fire Pension Fund, 5. Consider the request of General Telephone Company to delete the last 6 lines of Section XVIII of the proposed franchise ordinance. 6. Consider providing water/sewer service for Mr, R. 0. McDonnell outside Denton's city limits to seviro a single family residential subdivision. (The Public Utility Board recommends approval,) 7, Consider providing water/sewer service for Holigan Development, Inc. outside Denton's City limits to serve a 61 acre mobile home park. (The Public Utility Board recommends approval.) 8. Consider revision of the 1983-84 Utility Department Capital Improvements Plan. (The Public Utility Board, recommends approval.) 9. Consider final payments for construction and engineering service for the Wastewater Treatment Plant, Hickory Creek Lift Station and interceptor lines. (The Public Utdl.ity Board recommends approval.) 10. Consider approval of a recommendation for Bid #9212 for the health and life insurance program for the City of Denton. 11. Official Action on Executive Session Items: A. Legal Matters 8. Real Estate C. Personnel D. Board Appointments 12. 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 o the City of Denton, Texas, on the J/ 1-et-j % day of , 1983 at o clock( a .m. A p .m. 61~4,` LIZ bLL;KVj"1,AK1 7 1132C AOENDA CITY OF DENTON CITY COUNC114 DECEMBER 200 1983 Work Session of the City of Denton City council on Tuesday, December 20, 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. it Receive a report on the audit from representatives from Arthur. Andersen. 21 Receive a report from representatives of Henningson, Durham & Richardson (HDR) on the City of Denton Sanitary Landfill Permit application. 3. Receive a report concerning the status of application for Community Development Block Grant. 4. Receive a report on Soul-11 Denton residential development on property zoned for, higher uses, 5. Executive Session: A. Le al Matters Under. Soc. 2(e), Art. 6252-17 v, .T#Ss 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 ou Tuesday, December 200 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. 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 destgnee to implement each item in accordance with the Staff recommendattons. f City of Denton City Council Agenda Deoember 20, 1983 Page Two A, bids & Purohase Order.sl 1. Bid #9202 - KOCiprooating Water. Cnillor Unit 2, bid 119208 - Tires & Tire Service 3. Bid 119213 - Powar, Rescue Tools 4. Bid #9214 - Protective Clothing 5. Purchase Order, #60401 - JS Equipment in excess of $3,000.00 6. Purchase Order #60934 - Bolain Equipment in e.)xcess of $3,000,00. 7. Purchase Order #61255 - Kimbal Audio-Visual in excess of $3,000,00 B, Plats and Replats 1. Approval of the preliminary plat of the Snider Addition, (The Planning and Zoning Commission recommends approval.) 2. Consider vacation of final plat of the McAninch Addition. (The Planning and Zoning Commission recommends approval.) 3. Consider quitclaim of fifty (50) feet of public right-of-way dedicated for Continental Street in the McAninch Addition in the City of Denton. (The Planning and Zoning Commission recommends approval.) 4. Approval of the preliminary plea of lot 1R, block 1, Minter Addition. (The Planning and Zoning Commission recommends approval.) 5. Approval of the preliminary tat of the Hickory Creek Park Addition. (The Planning and Zoning Commission recommends approval.) C. Contracts 1. Approval of an agreement with the Denton Independent School District and the City of Denton for Joint Usa a and Development of school and Ctty Facilities. (The Parks and Recreation Board recommends approval.) City of, Denton City CounoiI Agenda a December, 20, 1983 Page Three 2. Approval nt renewal of a maintenance contract with TRES for the utility billing systom. D. Tax Refund; 1. Approval of a tax refund to U. S. Life Title Company of Denton for, erroneous payment of 1983 City of Denton taxes in the amount of $570.68 E. Payments: 1. Approval of invoice for. 1984 membership dues to the Texas Public Power, Association. (The Public Utility board recommends approval.) F. Change Orders; 1. Approval of final Change Order 115 for time extension of Contr "B", C-48-1188-13, Hickory Creek Lift Station. (The Public Utility Board recommends approval.) 2. Public Hearings; A. Z-1617. This is the petition of fom Fouts requesting a change in zonin from agricultural (A) to the general retail (GRJ classification on a 2.11 acre parcel located ad acent and south of East McKinney approximately 400 feet east of the intersection of Loop 288 and East McKinney. (The Planning and Zoning Commission recommends approval.) 1. Adoption of an ordinance approving a change in zoning from agricultural (A) to the general retail (GR) classification on a 2.11 acre parcel located adjacent and south of East McKinney approximately 400 feet east of the intersection of Loop 288 and East McKinney. B. Z-1619. This is the petition of Marshall Everett, representing Manor Green, Inc., re uesting a change in zoning from single famil (S -10) to the planned development (PD~ classification on a 16.61 acre tract beginning adjacent and west of FM 2181 and adjacent and east of Southmont Place Addition. If approved, the placined development (PD) would permit office City of Denton City Council Agenda December 20, 1983 Page Four use on approximately 1.2 acres along tho frontage of FM 2181, and duplex land use on the balance of Me property. (Tne Planning and Zoning commission recommends approval.) 1. Adoption of an ordinance approving a change in zoning from single family (SF-10) to the Manned development (PD) classification on a 46.61 acre tract beginning adjacent and west of FM 2181 and adjacent and east of Southmont Place Addition, C, Public Hearing concerning the proposed annexation of approximately 175 acres of land beginning at the existing city limit on the north side of Highway 380 east. Z-1621 (The Planning and Zoning Commission recommends approval.) 3. Approval of the final replat of lots 19 and 20, F. M. Darnall Addition. (The Planning and Zoning Commission recommends approval.) 4. Ordinances: A. Consider adoption of an ordinance directing the issuance of notice of sale of bonds. (The Public Utility Board recommends approval.) B. Consider, adoption of an ordinance directing the publication of notice of intention to issue City of Denton utility system revenue bonds, series 1984 in the maximum principal amount of $1,060,000. (The Public Utility Board recommends approval,) C. Consider adoption of an ordinance approving quitolaims for abandonment of two easements for a 40 acre tract from J. D. Tilly Survey, Abstract 762, and the William Lloyd Survey, Abstract 773 owned by Denton Four Joint Venture. (The Public Utility Board recommends approval.) D. Consider adoption of an amendment for the street light pro-rata charges. (The Public Utility Board recommends approval.) R. Consider adoption of an ordinance approving the proposed fees and charges for the use of Parks and Recreation facilities and programs. (The Parks and Recreation Board recommends approval.) F. Consider adoption of an ordinance approving the proposed fees and charges for use in administering the cemeteries. (The Parks and Recreation Board recommends approval.) Ci$y of D ton City Council Agenda Voooatbev 19$3 Page Five G. Consider ado)" of an ordinance amending the electrical Las to provide for ohargin the existing feo on a per, unit basis for "~ivin8 units' in apartment complexes, (ThE Electrical Code Board recommends approval.) H. Consider adoption of an ordinance authorizing tax deferred status of the Fire Pension Fund, 5. Consider the request of General Telephone Company to delete the last 6 lines of Section XVIII of the proposed franchise ordinance. 6. Consider providing water/sewer service for Mr.. R, 0. McDonnell outside Denton's efty limits to serve a single family residential subdivision. (The Public Utility Board recommends approval.) 7. Consider providing water/sewer service for Holigan Development, Inc, outside Denton's City limits to serve a 61 acre mobile home park. (The Public Utility Board recommends approval.) 8. Consider revision of the 1.983-84 Utility Department Capital Improvements Plan. (The Public Utility Board recommends approval,) 96 Consider, final payments for construction and engineering service for the Wastewater Treatment Plant, Hickory Creek Lift Station and interceptor lines. (The Public Utility Board recommends approval.) 10. Consider approval of a recommendation for Bid #9212 for the health and life insurance program for the City of Denton. 11. official Action on Execeive Session Items: A. Legal Platters B. Real Estate 0. Personnel D. Board Appointments 12. New Business: This item provides a section for, Council Members to suggest items for future agendas. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 1983 at o c oc a.m. p.m. 1132C CITY OF DENTON ll MEMORANDUM TOi Mayor and Members of the City Council FROMi 8111 Angelo, Senior Administrative Assistant DATEi December 14, 1983 SUBJECi'i Appearance by Representatives of Henningson, Durham & Richardson As you know, we have completed the permit application for the development of the new landfill site and have submitted the necessary documents to the Texas Department of Health for their consideration, Representatives from Henningson, DLlrbam & Richardson will be presenting a brief summary of this application to the Council at the regular meeting of December 20, 1983, Therefore, no additional backup material will be provided on this item. Respectfully submitted, Hill Angelo SA/sc M E M O R A N D U M DATE; December 14, 1983 l TOi G. Chits Hartung, City Manager C '"M; Charles Watkins, Senior Planner REI Reoetve a report concerning the status of our application for a Community Development Block Grant (CDBG) The City of Denton received notification earlier this year of its o entitlement status for 1984 Community Development Block Grant funding. The Planning and Community Development Department is currently preparing a Housing Assistance Plan which must be reviewed and approved by the Housing and Urban Development Department (HUD) prior to sub~nission of our application. ELIGIBLE ACTIVITIES All proposed activities mustt (1) benefit the low and moderate income persons; or (2) aid in the prevention or elimination of slums or blight; or (3) meet other community development needs of particular urgenc because existing conditions pose a serious and immediate threat o the health and welfare of the community. Proposed projects are classified into four categories; 1. Public facilities/services 2. Housing 3. Economic Development 4, Community Development Planning/Capacity Building Examples of eligible activities under each category follow. 1. PUBLIC FACILITIES AND SERVICES * Acquisition of real property necessary to install or improve public facilities (easements, etc.); * Water and sewer facilities, including storm sewers; * Street improvements, including paving, lighting, curbs, ggutters sidewalks, and handicap ramps' * IVon-residential centers for senior aittzens and/or the handicapped; r Memo to G, Chris Hartung 1 CDBG Status report Deoomber 14, 1983 Page 3 31 ECONOMIC DEVELOPMENT * Technical assistance; * Loans; * Loan Guaranteas- * Interest Subsides * Land and Building e~oquisttion; * Public Facilities Improvements, 4. PROJECT PLANNING DEVELOPMENT * Comprehensive Community Development Planning; * Development of Policy-Planning Management capacity to rationally and effectively conduct community development projects; * Preparation of elements of a community development plan or strategy. 51 GENERAL PROJECT ADMINISTRATION (Applicable to all Project Activities) * General management, oversight and coordination; * Provision of information and resources to residents and citizen organizations concerning CDBG activities; * Reasonable costs of environmental studies; and * Costs for professional services that are associated with project administration. Prior to the submission to HUD for its annual grant, the grantee must: 1. Develop a proposed statement of community development objectives and projected use of funds, including the following items; A. The community development objectives the grantee proposes to pursue. B, The community development activities the grantee proposes to carry out with anticipated CDBG funds, to address its Identified community development objectives. Each such activity must address at least one of the broad national objectives and be an eligible activity. 2. Meet the following citizen participation requirements: A. Furnish citizens with information concerning the amount of CDBG funds expected to be available for community development and housing activities, and the range of activities that may be undertaken with those funds. Memo to p. Chris Hartung CDBG Status report December 14, 1983 Page 2 Neigghborhood facilities desiggned to provide health, sootal, recreational, ov similar community servtoes for residents of a project area; * Removal of architectural barriers (6.8. activities to remove materials and barriers restricting the mobility of the elderly and handicapped), * Clearance activities; including the demolition and removal of buildings as well as the moving of structures to o&.Jr sites; Flood and drainage fAcilities of a local nature; Parks, playgrounds and other recreational facilities that are designed for the use of residents within the project area. The following activities are eligible but must meet special procedural conditions before they can be funded3 * Fire protection facilities and equipment; * parking facilities; * Solid,waste disposal facilities. Public service activities are eligible if they have not been provided by the community during the past year. However, public service activities provided during the past year that are discontinued due to events beyond the community s control may be eligible for funding. The amount of funds for public service activities may not exceed ten percent of the total amount of funds requested. These activities must be located to or serve areas where other activities included in the Community Development and Housing Plan are being carried out. 2. HOUSING ' * Real property acquisition; * Rehabilitation, clearance, demolition, and/or removal of privately owned buildings; * Rehabilitation of publicly-owned or acqutred properties for use or resale in providing assisted housing; * Non-maintenance types of housing modernization (e.g. weathorixation); * Code enforcement for deteriorating or deteriorated property within the project area; * Relocation assistance for displaced individuals, families, etc., when appropriate to the community development program. * Replacement housing or "last resort" housing assistance for individuals, families, businesses, etc., when they are displaced duo to another eligible activity. * Historic preservation activities. Memo to at Chris Hartung CDbU Status report Deoeflnber 141 1983 Page 4 B, Hold at least one public h?erring to obtain the views of citizens on the grantee s housing and community developpment needs, C, Publish its proposed statement of community develop- ment objectives and projected use of funds so as to afford affected citizens an opportunity to examine the statements contents, and to provide comments on the proposed statement and on the grantee's community development performance, D. Prepare its final statement of community development objectives and projected use of funds, Once the grantee has completed the citizen participation re- quirements, the grantee must consider an such com- ments and views received and if the gran ae deems appropriate modify the proposed statement. The grantee shall make the final statement available to the public. The city should receive somewhere in the neighborhood of $610,000 in Community Development Block Grant funds. HUn will advise us of the exact amount in January 1984, CSW:lc CITY COUNCIL AGENDA BACK-UP SUMMRY SEIRRT DA'M OF MVETTNGI Uocombov 20, 190 COUNCIL ACFNDA ITEM !1 Consont ogondo SUBJECTI Bid li 9202 Reciprocating Water Chil.lor Air Conditioner SUM.MRYI This bid is for the purehaso nod installntlon of a 160 ton reciprocnting water chiller unit to cool the Mu"fol.pal Complex including the Municipal Building, Civic: Cantor and tho Library, This new unit will, be the nmtnlioe unit and the existing 120 ton unit wt1 l be placed in a standby status. The old obsoloto Worthington unit that had served as a back- up unit has become uacconomical if not imponsiblo to re- pair or operate. It is being sold as salvage. ACTION REQUIRI:DI Approval by Council and award of. bid. 1 SOURCE OF FUNDSI 198384 Conora.l. Project Cued account number 530-004-020M-•GPF6. RLCO,CIBNUATION: Wo reconmiond itom I of this bid be awarded to the lowest bidder mooting specification of Boatty Bnginooring iu tho amount of $44,342.00 including all material and labor to install, the now unit. Item 2 wo recommend be awarded to the highest bidder of Fulton Supply in the amount of $707.00 for the old Worthington Unit. > {11IBT'.CSI Tabulntion ` e`et. SUBMITTED BY I Tom U. Shaw, C.PM. Assistant Purchasing Agent N r Ij~ rr1 , p G ' f qA 1-1 Fi NH, ~ N '111 N H MME ~ H g x n ro 1 o Vi ~~qyy~ (tip ~O v ry U ~ fC~QD~71 V •b 1 O 'jd O V y M O 'dC FFC--" V 1 O v {p ' NM W ID O ~ r y 'O ;d ~ R+ H• O rv O V O w O o ~ xa 0 a y 3 ~ O N X10 ~ 7 O pp0 ON ro LM y O O Np~~ O ~ ty Y O CITY COUNCIL AGENDA BACK-UP SUl`hMRY S11EKT DATE OP NI;ITTNCI Uocembor 20, 1993 COUNCIL. AGENDA IT101 # Consent ngoltds SUBJECTi Bid # 9208 Tiras & 'fire Sarvicu SUMMARY i This bid iG for the yearly 8uppl.y Of, tires and tiro service. WO Gant out bids to some 10 to 12 tire dealers and sorvica dealers and received bids from only throe vendors. We have ovaluatad ttta new tiro bids with the not cost prices for some various sires usod by the City of Denton'. This bid includos the complete line of tiros from the small wheel 400 x 8 to the lug off rand rack narvice loader tires size 65/45-45 woig}ring 5300 pounds ouch, Wo than have ,1 bid for tho complete line of tires. ACTION MQUIREDI Approval by council al:cl award of bid. SOURCE; OF PUNDSI Budget repair and mai.ntonnnce of vohiclon, RECO,MIMI)ATIONI We rocommencl this bid be awnrdod to the vendors as listed for each group and shown on the tabulation shoot ns being the lowest evaluated bid. Now tires and tubes to Briscoe Tire Company, in-house tire re- pairs and mounting to Payne Tire Company; road service and repairs to Briscoe Tire Company; full tread ro- capping to Ronnio Bybee Tire Company. The City of Denton will purchase tires only for re- placement on the City of Uonton vehicles. Tire service in-huusa, when passible, otherwise road service as needed, The City of Denton will have tires recapped only whoa evaluated to be the best buy4for the City of Denton by the Vehicle Maintenance Department and the using department, EXNTBTTI Tab)ulatio, sheets. SUBMITTED BYt 1~1~ i'.l,Ll R' 1 /,John 7 M rshall, C.P.M. ('/Purchasing Agent ..»-...w.-. T 0~ 4t F W N i, Ch O M W g W N .I rte., t4H 6> i9 ,°o oho VI W iJ H ' N IJ 4t In r~O kA LA N N ~ ID p id F+ ~ V W VI Ul o vl ItD~ N to rt ° t"' r th Ip .pl H W H 'SW ~ ~ry1I II' rC ~ O H i rD 1 W W Y' q t fi I7 V W 0 fJ H ~/1 O H rT i M T~ N 1v , q~ V IJ F U1 VI ON Q O O 00 n, V N t0 0~ r W A h l O 6 d O V W O~ 1~ V CJ tD; N O N N A Lnn O l7 H H 00 O ry O M p ~ i vi O Sd N H O 77 rd O r~ h p C7 w Mr H H 14 14 J.~ W ~ t,1 i~ ~r} J~ W h1 ,-r 1L11 Jn W SJ r-+ r.1 ro H \ H r 1 1 r U 1 1 1 1 NI N ~ W 1- F.1 ti (V p [71 r)] ! IJ~ rp~ H i'J ji ly ~j/~' [4 1~}~{H 7t~ [C~ "r p R+ SCQG, S. V'~ N +i rpGQry, to G`~. lV II rN ` 1 vi FH' i,' :r N ry t1 ~i ~qS Y fl ff fD Su fi Gl V+1 r'~ ~ ro ow~~ N IYf H H 00 ~rl rJ Ua n } y N i u c7 ~f j ' r m ro H F, Ih 7 'u N. A 7. N h fi M oqn rt ^M 1-Y 1 O p W V tl~ N O ny O n a ~ o °n o o ~ ro ~ H ro O O p p V tJ i~ r M h O o O O CD O p NA ~ ~ O ro r O V p N In 1 d e~rnn 1 r . V d d O b O 70 ~ ro 1 ~zM O CITY COUNCIL AOf%NDA I BACK-UP SUWRY SHEET DATE OF MEJi,TINCI Docomber 20, 1983 COUNCTI. AGENDA T'll"M b Consent agenda SUBJL:CTI Bid d 9213 I'mir Rescue Tool. SUHMARYI Thi.a bid is for the purcbaso of a hydraulic power rosctso tool for Vise by the Fire Department. This is a much needed addition to the fire dopartmont capabilities. A tool. of this type is critical to tho rescue operations and life saving, efforts of the Ehargetticy Modical Service, ACTION kEQUUEDt Approval by council, SOURCE OF FUNDSI t 1983••94 budget account number 100.006-0031-9106 Fire Department Capital r(IMpuiont, R1CUDfIP:NDAT1UNI Vu recommend thLs bid be award to the lowest bidder mooting specl.ficntions of Ferrara Fire Fighting in the amount of $8)660,00 for the sprondor tool, the cutting tool, the g,asoliuo power Unit and the back-up power unit, This is a delivered and set-up price with dolivnry in from 5 to 30 days, EXHIBITSi T bulation sleet, , r SUBMITTED BYI Tom D. Shaw, C,~Y,M, Assistant Purchasing Agent N T H nk O 9 ~ 4N W ~ r - t- rr I.~ VJ 'fJ r IJ QqW W 1 14. -4 r➢ b W W ri raj W~ a H ~,~,11I jj y rd o H rt $ p tl r U O O O ~9 tit . . Lil N kD co N~ 0 d t3 ' ~ oo g o tp~ d N pV V N t+ 4f p ~D W W VO V1 g V y V o ~ °o °o n °o 0 o ?d 0 7a ' ' CITY COUNCIL AGENDA BACK-UP SU4041R1' SHEET VAT OF MEET INM Doccmbrr 20, 1983 COUNCIL ACIiNDA ITI.M # Consont at(anda SUDJIiCT' I Did Il 9214 Fire Departmetlt Protoctive C1ot1)ing SUM,MARYi This bid in for the purchase of bunker coats and pants for the fire department. This clothing in to protect the fire fighters against t:emparature cxtromos, sh+trp objects, steam, hot wator, hot particles and other hnznrds encountered during a fire or othee omorgancy, AvION RE(~UIRXI)t Approval by counel.l and sward of bid, SOURCE OF FUNDSt 1983-84 fisenI budgot account number 100-006-005I-8121 Hire Dopartnent proLectivo clocking. FECW*1FNDA'fIONt We rerommond this bid be awarded to tho lowest bidder mooting 8poelfication of Do0hrk Fire Equipment in tha total bid price of $12,199,75, delivery in 45.70 days, FOR Denton, EXHIBITSt Tabulation sha t, Tom I), Shaw, C.P.M, Assistant Purchnsing Agent Vi W hC 71 ~ ~ r Il W Gd t.. tj A G1 N Hj CF) N ~ f40 H n P W f~1 r >d A `~J ch b 41 z N. C rt .7• N. H N O ~ al LP O V n0 W p. O O h-+ N 7d O b N bM7.' H W9 d ^ fJ rt ry ~ O b r ~ 00 ~ W J :n Vl C ¢7 Id In • 9 O O 0 µ o a tl E N LA ,O N p7H.? k O` Sb ry h'' . W rt p p CC (D rn I ~ v M 'c3 H IWJt a O V pWy1• •'p n N ` i_n r-+ V ' y_. Cl O V l7 Ln x' V lh • N• as co h'' 1hhDy~ H W N O O V C 5 r~+ iHU N ILA O d A A O W o7~1 ~ N' . O N C CITY COUNCIL AGENDA BACK-UP Sllr URY SHEET DATE OF 1W1`.I [N(;; December 20) 1983 COUNCIL ACENDA ITEM B Consent n,ands 5UM E:CTI Purchase order number 60401 Lo J S Equipment SUc`MARY; This purchase order in the amount of $7,370.00 is to robuild'the braking and stooring system an one of the 977 track loaders at the landfill, lacludod In this amount is the cost to remove from the older loader and install on tha newer louder, a scarfire ripper assembly, ACTION REQUIREDI Approval by council., SOURCI' OV FUNDS1 1983-84 Fiscal budget account for maintenance of lnnd- fill. equipment account number 7 LO-004-0598-8710, outs:Lde sublet repairs. RECMMENDA)iTION., We recommond this purchase order number 60401 to 3 S Equipment in the amount of $7,370.51 be approved and invoice number 1874 he paid, EKII18ITSI Purchase order 604011 invoice 1874. SUBMITTED BY; '\~r? r~. ~',Y ~4 Tom U, Shaw, CM, Assistant Purchasing Agent %T r Squl~ment Service Inc. 1504 Jackson St. P.O. Hox 330 Oarrollton, Texas 75008 Shop X94O f;:; t" n" 17 tt$r~tt InVO;Oe No, VIA T 1)CJ''1tU:1 ~ rlti,. rJ.; rI tJr~~i? _ Model _ Serial No. _ EQ No, Authoelzed By customer P,O. No. Gct'b 9'1' 7.x_1; F>'Jfir.) ~~c~;)0 )C.r,k c3,+,.mIx, ()01.01 _ bescrip11on: '.1,01b3.0slt00t I lchlllc t,"ol1}t ntcor 11 am,, :i Cal) :Cucd tank o.L,:. R wid... X. teeJrinl c:l,uf;clle:) trod Lral:e: 1,Ix.co cror;nivart bcct.vingrJ and ctigac i; e.nd :i R)ld ro-soaj, rJpur n:110.011c P n. nd :I finn.l. d.rivo and ro',') it bolo in Ora.vc, c.aro Int.tv,1.1. r:1mY,,r off of oc11:11)Gtont P490 on (1Ull~.;f>:tlCilf iii'_~+)l) Ox.bo)' 61 ,5 hr^. )?~(;.?::LOZd)t,tttto) 00 E).0 hrr>t ovortlx 00 It,(t^.3"? IIr1Aori) 1,11.1.00 I"n.0to 5011, 51 '1'r:,:: 0 L~ ai '1, 37c). ~:1 ~~an f` qn I-rv OF DEVON, PURCHASING UCP'r, PURCHASE ORDIrl 'NUf~li~W 60401 216 F., AcKlnney Denton, Toxos 74201 $17/000.8311 DOW Metro 207.0042 pA14 10 7-03 *ID NO. V[HUO! NO, Timms W.O. NO. osuvseT 710-AW. 004 0548-8710 J 'S S Equipment SHIP Yol CITY OF DENTON Vehicle Maint, as directed SHOW P,O. NO,ON AL.L SHIPMENTS, DELIVERY TICKETS, INVOICES ETC„SCND INVOICES TO ACCOUNTS PAYABLC.THE CITY OF DENTON, TEXAS IS EXEMPT FROM ',ALES TAX AS PER HOUSE BIt.L WY8O. THE: CITY OF DENTON IS PROHIBITED rROM PAYING FOR MERCHANDISE BBFORE IT IS RECEIVea. ALL SHIPMENTS MUST BE F,0,9„ CITY OF DENTON, TEXAS, ITEM CITY STOCK NUMBER ~u DESCRIPTION 4UANJUNIT PRICE AMOUNT Rg 02500 to Rebuild Brake systems k, lot TnvoiCG 111874 7,370,51 2. Install searfira ripper & teeth lot t . Direct All Inquiries To: CITY OF DENTON, PURCHASING 09PT, John J. Marshall, C,P,M„ Purchasing Agent Tom D. Shaw, C,P.M., Asst. Purchasing Agent CITY COUNCIL AGENDA BACK-UP SU NARY SHEET DATE OF MVETINGt December 20, 1983 COUNCIL, AGENDA ITEM 1) Consent agenda SUll,II.CTt purchase order numbor 60934 to Bolain Equipment SWDMRYt This purchase order in the amount Of $5,366,19 is for the overhaul of a diesel angina in unit number 1760. This truck is one of the large commercial refuse trucks. ACTION REQUIREDt Approval by council, SOURCE OV FUNDSt 1963-84 Budget funds for maintenance of the Solid Waste fleet account number 710-004-0598-8710 outside sublet repairs. RECOMMENDATIONt We recommend this purchase order number 60934 to Bolain Equipment in the amount of $5,366,19 be approved and the invoice be paid, EXHIBITSI trchase or enumber 60934; invoice number 07675. SUBMITTED BYt Tom D. Shaw, C.P.N. Assistant Purchasing Agent CITY OF DENTON, PURCHASING DEPT, i URCHASE C R02k `°WUMW' ,•ViJJ~R 21$ E. McKinney D(inton, Tuxas 78201 81716MO311 D/FW Matto 2870042 11-11.83 all) NO, VENDON NO. I(Nm$ W.O. NO, DtIIVflY AW. N0. 13olain Equip, sRlr 710-004-0598-8710 Tot CITY OF DWON vehiole Maint. SHOW P.O. NOON ALL SHIPMENTS,RELIVERY TICKETS, INV(jICCS CTC..SEND INVOICES TO ACCOUNTS PAYABLE,THC CITY OP DENTON, TE)4AS 19 EXCMPT FROM SALES TAX AS PER HOUSE HILL -020. THE CITY OP DENTON IS PHOHIBITCD FROM PAYING FOR MERCHANDISE BEFORE! rr V% RECCIVEO, ALL SHIPMENTS MUST" P.O.O., CITY OF DENTON, TEXAS. ITEM CITY STOCK NUMBER DESCRIPTION v~ QUAN./UNIT PRICE AMOUNT Rig #1760 Overhaul angina lot 5366.19 U o E Direct All Inquiries To; CITY OF DENTON, PURCHASING DEPT. John J. Marshall, O,P,M., Purchasing Agent Tom D, Shaw, C.P.M., Asst. Purchasing Agent . j 4', it ~ 1~..) ~ ~ ~ :l b~ ~ 1` ~ ~ ` ~ ~ .1' ~ ~ C Igo } S ' 14 - r „ l 1 <i low J'j Oil j , 9~ Z 3 i~ i• i ~ Y 1 Y p ~ ~ ~n ~ l • ' iil 1'.~9' ~ ~ ~ O 1. f77 ;)r ~i) , x ~ Y O t ' ~ ~ V 1 ~N ~ ~ O ~ i r T~ ~ Y C. H O O~~ V n Li ~ z cr) OEI CITY OF DENTON CITY COUNCIL AGENDA REQUEST FORM* DATE OF CITY COUNCIL MEETINGS December 20, t983 ITEM TO BE PLACED ON AGENDA; 11 Word item exactly as it is to be' placed on agenda. Include any Advisory Board Recommendations. 21 List backup materials (to be submitted no later than 5s00 P.M. Wednesday, prior to the Council, Meeting). 3. State the order in which the item needs to appear on the Agenda. 1, Purchase order # 61255 to Kimbal Audio Visual in excess of $3,000,00, 2, Memo and copy of purchase order 3, Consent agenda, 1 THIS FORM 15 TO BE SUBMTTTEU BY 1000 A.M'. OF- THE MONDAY OF THE WEEK PRIOR TO THE REGULAR COUNCIL MEETING. ONLY TT1~1NS OF A CRITICAL NATURE WILL BE ACCEPTED AFTER THIS TTIME. NOTEr Please use a separate request form for each item that is submitted. ITYOF DENTON, PURCHASING OE PT, PURCHAU ORDER NumBut 61255 218 E. MaKlnneY Denton, Texas 76201 817/66"311 D/FW Metro 287.0042 Will 12/14/83 ew No. vsrwae ra. T14W W.O. NC. WNW ACCT. No. 100004-0017-9107 sKlr Kimbal Audio Visual Tor CITY OF DENTON 11496 Luna Data Processing Dallas, TX 324E East HoKinney Street Denton, TX 76201 SHOW P,O. NO.ON ALL SHIPMENTS, DELIVERY TICKETS, INVOICES ETC.. SEND INVOICES To ACCOUNTS PAYASLE,THE CITY OF DENTON, TEXAS IS EXEMPT FROM SALES TAX AS PER HOUSE BILL #20. THE 01TY OF DENTON 13 PROHIBITED FROM PAYING FDA MERCHANDISE BEFORE IT IS RECEIVED, ALL SHIPMENTS MUST BE PWA., CITY OF OHNTON, TEXAS. ITEM CITY STOCK NUMBER OESCRIPTION GUAN./UNIT PRICE AMOUNT 14 A 3GUN video projector ARCTURUS model 2 or equal that 1 $3,000,00 produces an image up to 81 wide on a flat screen which is modified to receive digital computer input and can be interfaced with and I,B,M, personal Computer or equal and to 1.0,M, 3278 terminal or equal terminals, 21 Installation Lot $250,00 3, Adjust & adapt to flat screen Lot $250.00 4, Adjust & adapt to 1,B,M, Personal Computer Lot $450.00 Direct All Inquiries To; CITY OF DENTON, PURCHASING DEPT, John J. Marshall, C.P.M., Purchasing Agent Tom D, Shaw, C,P.M„ Asst, Purchasing Agent , ciryof DEMN, TEXAS 6lUNICIPAL 8WL.DING / DEN TON, TEXAS 76201 / TELEPHONE (817) 566.8200 MEMORANDUM TOt G. Chris Hartung, City Manager FROMi Gary A. Collins, Director of Data Processing SUBJI Large Screen Display Unit DATE: December 14, 1983 I would like to recommend the City of Denton acquire a three-. color gun display unit known as the ARCTURUS Display System. This system will allow us to attach I,9.M, type terminals and X.B.M. personal computers to this equipment and display the images from the terminals onto an 8-.foot screen. This capability would be extremely useful in conducting training sessions on computerized system such as the Utility Billing System, the payroll/personnel System, and the Financial System, Additionally, we would be able to conduct demonstrations displaying computerized data bases, graphs, charts, etc. At this time, we have an opportunity to acquire a used system at a total cost of $3,950. These costs consist of $3,000 for the base system, $250 to modify system to display images on flat screens instead of parabolic screens, $250 to install and set-up system, and $450 for interface equipment with I.B.M. personal computers. The system I am recommending normally retails for $8,000 for the base system, but due to the fact the system has been used for approximately 30-50 hours, we can acquire this for approximately half price. Gary AK-Collins Director of Data processing rc CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: Decembor 20, 1983 SUBJECT: Approval of the preliminary plat of the Snider Addition. SUMMARY: This is the preliminary plat of a 33.872 acre residential development recently approved as a planned development, Townhouse (3,5 acres and 40 lots), duplex (3,7 acres and 36 lots) and single family detached (19.1 acres and 104 lots) uses were approved and are shown on the preliminary plat. All technical requirements have been met and the preliminary plat conforms to planned development conditions, ACTION REQUIRED; Approve the preliminary plat, RECOMMENDATION: The Planning and Zoning Commission recommends approval. ALTERNATIVES Approve preliminary plat. ATTACHMENT: Reduced preliminary plat n . David Ellison Development Review Planner erl ' YIUYIII YU «NI I l~fh,t~~IM1 ~Ia~~~ y,IfO l l PLH ! 7, l y I INNlfluw IYf'y,,,l.ll \ M. III 1~/ 1I 1~• I~•\II II~IIN I ._i.'= ~ .,l. rY•+T ~ y 1~ I S I x n 1 j I ln) I •q ~r ~,~-rl •I I~~yomQ~ll'tl j i / IH wN _ _ "T INI ~ ~Y ~111~ f II 1111 , _ _ I wNW N« w«. , I.V I r ^11 111 w MW N«.Nw.1 NNN MINK I.Iw 1 i I I I , I/ ~ 1 ~ I 1 o.nGMNHII a.- WM.{ It 1 „ l x ~I' ~1 1 1~1. aC/~ Op11~1ylllf,l 1»' w.w .WNN NNI+w IwnWlt I - I16.Seu{rt olpinfoy, + 1 ` _ 1 \ IJ I t\~ ♦ N~n1 11 IAfM II'NiW NNLIIN IHN IwV r} I-TTrT( I~ 1.11 1~ r M A y~ / M.w 1 111 I'\✓I t I\ ~+~i J x •!y !j \IrIN 11W 1 1 1 1 1 /'1 ~ / ✓ Nr ~ NMAWM K. „ 1 %'~.t /1 MIM I\«4wlw«N WL I ~I J • W 1 ~•I I I L'iA 1 / Vr r i ; N t (AK w 1 w.« Y I ~W- I r~~w L I /1 , a•nt I{ \ / 1\~ 1• / / / / I IAN «YNI NUI //N 1 II t (jam « Y N»I ~ M Y 1 Y \ ' IIIIN NNYwIxY I•HVI PRlLIMINARY PLAT I, bMMGS IIIMar /N l0}1 N.I MI1lnY Y lM fld uJ IAI~ .4 G~1✓. !i 1 w 1 I \ e.wsr aw•w p~•1~ SNIDER ADDITION ` 1 Mt. of GGM 61MOOMM1 j 11... Nw .««w• « IM rM1 GIH A** gMl 1I41111, not I OWNrRI 10"101111 OtWtO►MtNT 1®. NMtoo. rfMN 166-1111 ~ I 1 1-3 CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DAM December 20, 1983 SUBJECT; Consider vacation of final plat of the McAninch Addition. SUMMARY; The above referenced subdivision and dedicated right-of-way begins adjacent and east of Newton Street and adjacent and north of Morso Street. The propertyy is zoned single family (SF-7) and the is Addition final plat established thirteen (13) lots when approved in 1971. Some approved lots do not conform with minimum area reqquirements of the zoning ordinance for SF-7 zoning districts, but the final plat was approved, nevertheless. State statutes provide for plat vacation if written consent is obtained from all lot owners. The vacation of the plat must be approved by the Planning and Zoning Commission or the proper governing autho- rity. The property is currently owned by the Minter family (a plicants). The Minters wish to replace the existing sub- division with new one lot subdivision and, if approved, their intent is to con- struct a single family residence on the site. Continental Street right-of-way and utility easements were dedicated by separate document and cannot be abandoned by plat vacation or replat. Separate approval of abandonment of the right- of-way and easements must be obtained before a new plat can be approved. Consideration of Continental Street right-of-way abandonment and a new one lot preliminary plat of the Minter Addition follows this item on the agenda. ACTION REQUIRED; Approve or deny plat vacation request. i CITY COUNCIL AGENDA MINTER ADDI'T'ION PAGE 2 RECOMMENDATIONI 'rho Planning and Zoning Commission request. ALTERNATIVES: Approve or deny request. ATTACHMENTS; 1. Reduced plat of existing tdcAninch Addition 2. Letter of request 3. Development Review Committee minutes of November 22, 1983 av .son Development Review Planner r ~ A~{I"r f~,.11 1 I 1'. 1 1 'y~~ "r l~l II ~ ~ S I ,1 r ' )4 pl 1 ✓ r I Y ` 1!4 - 1 ~ ' a` 1 . \ M e `I f f f Ito eb, p 1 , a rl "s l~ 1 y(. 'ssv2 'W.... vlon le P~bYro~ use f t f-•- ry t6' . w r r u y p~ r~' L 40, o. 1 \';.I ~„~~;1• +I1~1 ~ ' 1 I 11 • mc' ...C r (D O ort IF' n 11 ?~1 r I Vii h t' Gl o. L"Ft , " 1 1 'i II , A., .Y ,t-I/0e'Ytt `rl.J t 6 C4 `il l„_o M . l~ _ w 1 p J ~j.i'It~~r'1 X11' + + S I 1 .1 1' f ~ I~ 1 ~ t t , I~ f~~+'1 1,~ sOk~lSFl~S 11!.2!8 ob ~ pq.}Ir I { -lea ne._- 'i All i ' py*UrpM/fed m I I ~ " I I 1~ r" i N It I., tF•}( 'ti•rM T~,'tilvn I S'1 6 1 n 31 i P O'.Itfr-ITI M IQ/ r r i •i}4 . ff . W b l'I ,4 D y~ ; yyy AZ Zq ' {5~~ fm LO A M~ ~ w DENTON PUBLIC SCHOOLS OFFICE OP 6PECIAL EDUCATION DODOTNV J. m ga, DIHEcSOP 112 OARY STREET DENTON TEXAS 76201 November 3, 1983 Mr, David Ellison Community Planning & Development Denton City Office 4 Denton, Texas 76201 Dear Mr, Ellison; We, the undersigned, are requesting vacation of the Platt described in the attachment. We would appreciate getting this done as soon as possible. We would also like to roplatt the property into one section, Sincerely, e e Y Florence and Dorothy J. Minter Atch; Property description Minutes .Development Review Committee November 22, 1983 DRC'Membors Presentt Jackie Doyle, David Ellison, Wayne Horsley, Ken Lamberson, Don McLaughlin, Koorosh Olyai, Denise Spivey, Tommy Stone, Bob Hageman, David Haan, Harlan Jefferson and Pablo Rubio Developer Presentt, Dorothy Minter Surveyor Presentt Dewey Fields XIX, Review of Plat Vacation - McAnich Addition A. Engineering Do not believe procedure is proper, Check with City Attorney for legal opinion. 4 B. Water and Sewer Plat vacation is acceptable, C. Electric Service from the front. D. Building Inspection Plat vacation is acceptable, E. Transportation Engineering 1, Plat vacation is acceptable, 2. Right-of-way on Morse Street is 100 feet, F. Fire Plat vacation is acceptable. G. Perks and Recreation No representative from this deparment was present, Minutes llevelopmetit Review Committee. MCAnich Addition November 22, 1983 iagc 2 fl, Lone Star Gas No problems It C,T,E, No problems, J Cox Cable No comment, K. Planning and Community Development Will check with City Attorney on vacation procedure and advise developer, CITY COUNCIL AGENDA SACK-UP SUMMARY SHEET MEETING DATEi December 20, 1983 SUBJECT; Consider quitclaim of fifty (50) feet of public right-of-way dedicated for. Continental Street in the McAninch Addition in the City of Denton. SUMMARY: Fifty (50) feet of right-of-way was dedicated for Continental Street in conjunction with the McAninch Addition. No development has occurred within this subdivision and no improvements have been made to Continental Street. The Develop- ment Review Committee does not see a need for Continental Street. ACTION REQUIRED; Approve or, deny right-of-way abandonment. RECOMMENDATION: The Planning and Zoning Commission recommends approval of abandonment of right-of-way for Continental Street. ALTERNATIVES: Approve or deny abandonment of right-of-way. ATTACHMENT: Plat of McAninch Addition aD3 son Development Review Planner 1. +~n-1r~.r~..;""r"Y1r'•r-.r.....~r+Wr..w.r,.~•.•"•+.'.,•.'rw+M'.....u••, •.,,,.•r.. rl o r . NF Irl-,♦ Y r ~ JOC x~.4 rrt- bU,OJ Y ~ ,n r . 1 •'%)r~ r)rj `"'r dJt S 7 •id! ui _ JY IJj + I I , i ~ 1-r~l scl ~4 a+_~A~ reovp ~ y?~. I M' L. Y < I 1 fA ,u Sb'.tSre ..S/'•-~9.,Jf.w ~vl JJ •ot I" pet 1 I t f)~l ~ ~ 1 ~ Y o 1 l~~ a h' ~ 1 i~l• S •r.10I r t ~~.ror tan B,~+ r to a• a ` a ~1' A rP YI `y.l , 1 r ,i1H 4 } ~po M Ilk I , e 1. III y 10 raG ,F l' ~ O I 'Y s I ~I l~1 b , fff..."ttt77J111 i. ' l1 r. 71L J ~,1 ,rJ y I L. ' V tb~ ~07i ` `'I 1{ I }l~ r. ,r `1 !S .fir J{ n O f!I' 160 p I 1':} ` r h UHp 11 fled 4 tr L{ a ` I ~i r I a]P , ~ Y I I 1tt' r r )pY ~ , , ~ J r 1 , t. I Yt i, rr:.. 1 I , , I~.i r4,Y , r ~ d 11J,•.'~I 4 I ' \ 1 g$ ,mot.:,; r , r . ' r t ~1 I , f y C ~t p m -4 00 , N_ .zo r / CITY COUNCIL AGENDA BACK-UP SUMMARY SPINET MEETING DATE; December 20, 1983 SUBJECT; Approval of the preliminary plat of lot 1-R, block 1, Minter Addition SUMMARY; This proposed 1.737 acre one lot subdivi- sion is being requested as a replacement for the previously considered plat vacation and right-of-way abandonment request for the McAninch Addition, Development of a single family residence is proposed, The property is zoned SF-7, Fifteen (15) feet of right-of-way dedication is recommended for Morse Street, a secondary major arterial (60' - 80' of right-of-way needed based on thoroughfare plan). A twenty five (25) foot front yard setback is required along each street exposure unless a smaller setback is approved by the Planning and Zoning Commission along one of the street exposures (15' minimum). The preliminary plat shows a 15 foot setback off Newton Street, ACTION REQUIRED; If McAninch plat is vacated and Continental Street right-of-way is abandoned, the City Council should approve preliminary plat of the Minter Addition. RECOMMENDATION; The Planning and Zoning Commission recommends approval of the preliminary plat with the following conditions; 1. Fifteen (15) additional feet of right-of-way shall be dedicated off Morse Street on ~:he final plat. 2. The final plat will not be filed and building permits shall not be issued until right-of-way and easements for original McAninch Addition are abandoned by separate document. ATTACHMENT; Reduced preliminary plat i 4 al~ av .son Development Review Planner I ~ fa' yontEO s II ~ ~~~I1! cen~cnl I c rRoucrf 1~ f 1 1-. J 1. ~ f ` Y oll i 1g !ll LOCATION MAP 1V~ 1C 0.4r~r"VrpL 1" 12000, fI W - ~ - If elf iru i~ I 1..~Z0 nl~D yP r1 y+ \ Va I. IU35 / 5 57. 40 7 j' ~r y ZONINii MAP !KV II ~~NCp 9f.~ `f a 1lkrsr ;.WAIAx `'g Norc oNrout IN C4 rrAKUIrQ f~r1'0~r, NAIP o rn NI F rc9ia~AhMwlc l.e SCHLE !"f50' PNCUMINAMY IMP/AT NOVC,NBEX 22,/983 , 1; • . , MINTER ADDITION LOT 1-R BLOCK I BEING A REYLAT OP M6ANINCH AUOITk)/J own sx 1 0T5 1.4, BLOCK I ; LOTS 1•8, SLy Sf 2 DOROrHV IF'L, M/A/ h"ORDED IN Vol, 7 PO, 54 P.R.D,C,7r D 01 CITY I COUNTY OF OENTONITE'XA9 EENT~'gAN 7'X 747 J TI(105, FO11,1~IUi 4 1o',Cd„ iYL ~rN war ~u rr¢r tNCiHi 14 )Rjvr 7 - Ii/l~1yf~Fl 1v`.y0~a111 oRIY( N ` rfn iM '/'il~/IIr I4MS ~S~.II CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE; December 20, 1983 SUBJECTi Approval of the preliminary plat of the Hickory Creek Park Addition SUMMARY; This is the site of a 61,45 acre mobile home park located adjacent and north of FM 2181 appromately two (2) miles south of the intersexiction o£ FM 2181 (Teasley Lane) and Robinson Road, Your hundred (400) sites or lots are proposed, This property is in the ETJ and the City Council chose to not annex this property, The developers are proposing to extend city water and sewer service, Permission to extend utilities to this area has been granted by the City Council, ACTION REQUIREDi Approve the preliminary plat with or without conditions. RECOMMENDATIONi The Planning and Zoning Commission recom- mended approval of the preliminary plat of the Hickory Creek Park Addition, by a vote of 6-0, subject to the following conditions; 1. Final size of the drainage easement shall be determined in the final plat- ting stage, i 2, Developer shall extend city water and shall extend city sewer in such a way that it will gravity flow to the site, ALTERNATIVE; Approve the preliminary plat with or without conditions, ATTACHMENT; Reduced preliminary plat pad avid EI son Development Review Planner a N Y..Y~ f y 0 0o g r 7' \ zl~j irr r4r~r ~A ~ A R i. HWY 281 N CITY OF DENTON CITY COUNCTT, AGEWDA REQCJEST FORbt* DAVE OF CITY COUNCIL iNIEETING: December 20, 1983 ITEM TO BE PLACED Ott AGENDA: 1. Word item exactly as it is to be placed on agenda. Include any Advisory Board Recommendations. 2, List backup materials (fro be submitted no latex tNan 10:00 a.m. Thursday, prior•to the council meeting.) 3. State the order in which the item needs to appear on the agenda. 1. Approval of an Agreement with the Denton Independent School District and the City of Denton for Joint Usage and Development of School and City Facilities t 2, Park Board Approval Staff Recommendation 3. Contracts * THIS FORM IS TO BE SUBMITTED BY 10:00 A.M. OF THE MONDAY OF THE WEEK PRIOR TO THE REGULAR COUNCIL MEETING. ONLY ITE61S OF A CRITTC5 NATURE WZS,L BE ACCEPTED AFTER THIS TIME. NOTE: Please use a separate request: form for each item that is submitted. THE STATE OF TEXAS § {(NOW ALL MEN sY Tli£sr PRE9ENTS4 COUNTY OF DENTON § This Agreement is entered into this day of 1983, between the City of Denton, Texas, a Municipal Corporation, heroin rofeged to as "City", and the Denton Independent School District, hetein referred ko as "School District", to provide for the shared use of City and School aistrict property on the terms and conditions herein statodi WITNESSETiii WHEREAS, the governing bodies of the City and the School District are mutually interastod in an adequate program of theduccational a o 0enton leisure mostgeffocCivolyiandweconomically) %ndserve WHEREAS, full cooperation between the City and the School District is necessary to achieve the best service with the least possible expenditure 0f public fundei NOW, THEREFORE, in consideration of the promises, said City thedabove purposes, candetotthattand each and other aIid School n carrying District agree as follows, 1. The School District will make available to the City for community leisure activities all school areas and facilities which are suitable for community leisure activitiest those areas and facilities aro to be selected by the City Manager, or his designee, subject to the approval of the 9uperintandent of the School District, or his designee, 2, The City will male available to the School District for events, s / school recreationalfacilitleswhicharepsuitable all City pevents, selected o by and/or the Supeorintendent hof3theaScand hoolaDistrict,aor h0lsbe designee, 3. All area or facility rules and regulations will apply to the user of the area or facility. 4. A schedule of dates for the use of City areas or facilities will be worked out in advance by the School District, and this schedule will be submitted to the City for review on an annual basis, or more frequently, so that conflicts are avoided between City and School District usage, In the scheduling of city areas orevents and facilities the City will have first priority, school and programs will have second priority and other groups agencies will have third priority, 5, A schedule of dates for the use of School District areas scheduleiwiLl belsubmittedeto thei8chooLnDistricte!ortroviom onis rFAJ i, 1 an annual basis, or more frequently, so that aonfItots are avoided between School District and City usage, In the schaduliag of school District areas and facilities the School District will have first priority, City events and programa will have second priority and other groups or agencies will have third priority. 6. The user of an area or facility will furnish and supply all expandable materials and supplies necessary for carrying out the program, F 7, Non-expendable equipment or supplies can be arranged for use through the area or facility manager, 8, The City and the School District 411L reimburse oaah other for any property damages arising out of the joint use of facilities provided for in thin agreement, 9. The agencies agree to only those charges as liatedi (a) A charge for utilities which will be factored on the approximate cost of the utilities used in the area or facility due to the program or event, (b) A charge for a person who is an employee of the agency supplying the area or facility to be there during the use to supervise the area or facility, if that person was not normally scheduled during that time, 10. Maintenance, custodial and clean-up costs for the area or facility will not be charged unless the area or facility was subjected to other than normal usage and wear or if the facility was used at a time when custodial services were not available and it was determined the facility needed custodial attention because of the use. 11. Cancellation notice of areas or facilities by the owner agency will be provided to the user agency not less than four (4) weeks nor more than ten (10) weeks in advance of the use, 12, Both agencies agree that all future Land acquisition for parks or school sites will be discussed jointly as those needs arise so that cooperative davalopment can occur. Final determination of the school site rests with the School District, Final determination of the City site rests with the City, la, Both agencies shall cooperate to make information about their respective and joint programs available to the public, 14, It is agreed that tho City and the School District shall continue to search for new areas of cooperation and to that and shall meet regularly together, along !with interested community groups and appropriate City and school District administrative officials, 15. It is agreed that the terms of this agreement may be altered upon mutual consaot of the City and the School District, , 16. It is further understood and agreed that either party to this agreament may at any time terminate this agreement upon giving, In writing, to the other party twelve (L2) months notice of its intention to terminate same. r 17. This agroement suporsedee all prior facility agroements now in effect, EX°CVTED thin the day of 198 , CITY OF DENTON, TEXAS DENTON INDEPENDENT SCHOOL DISTRICT r l / " TCFiARD 0, ST, ART, R ED TL-IFTai5 Tr ATTESTi ATTE5Ti TiT 5 CRE R SEC Z i CITY OF DENTON DENTON INO M.NDENT SCHOOL DISTRICT APPROVED AS TO LEOAL FORMi C. J. TAYLOR, JR., CITY ATTORNEY CITY (O~FF1 DENTON, TEXAS By j PAOH IrYOf DENTON, TEXAS MUNIOPAL BUILDING/ DEN TON, TEXAS 76201 / TELEPHONE l8171 566,8200 CITY OF DENT ON PARKS AND RECREATION BOARD MEETING MONDAY, MARCH 28, 1983 5:30 P,M, SENIOR CENTER MEMBERS PPWSENT; Mike Campbell, Chairman Ronnie Roberts, Co-Chairman Lonnie McAdam. Jano Malone John Travelle STAFF PRESENTi Steve Brinkman, Director, Parks & Recreation Jo Witlborn, Senior Secretary GUESTS PRESENT; Briarcliff Residents I. MEETING CALLED TO ORDER: The meeting was called to order by dike Campbell, Chairman, II. APPROVAL OF MINUTVS- On a motion of Ronnie Roberts, second of Jane Malone, the minutes of the February 28, 1983 meeting were approved, III, OLD BUSINESS: BRIARCLIFF PROPOSAL; A general overview of the site plan and a report was given by Steve Brinkman, He praised the State School for their cooperation and mentioned that donations for the development would probably be a good starting point, Briarcliff residents mentioned. that they had been in contact with some businessos already and they have many that are interested, All they need is a list of specific items and costs that they can show to them, it was also mentioned that a general contractor who lives in the area may be able to donate his time with the installation of some of the items, PARKS 4ND RECREATION DEPARTMENT 817.566.8270 p 1C a acraat on oars , aut Ilg IM-11`5 tes Much 28, L983 Page 2- Mika Campbell shared a letter from Ray Stephens which said Clint R, J. Hutton of Lakefiold Estates has pledged $500.00 for equipment and that tho Androw Corporation was possibly interested in a donation. The agreement between the State School and the City was discussed and it was suggentod that the City should still pursue the agreement so that whan Cho financial concerns are answered we will be Toady to move fairly quickly It was tho feeling of Cho Board that a solicitation program should be attempted first and that the results of that be brought back to tha Board by the next mooting, The Board would then look over the donations pledged and make a formal recommendation to Council on the project, 4 Ronnie Roberts and John Travelle volunteered to ba at the Council workshop meeting on April 5, 1983, to discuss the status of this projoct, [Vi NEW BUSINESS A. WALKING/JOGGING TRACK AT CIV7.C CUTER PART( Steve explained the plan of the walking/,jogging track which would be one-half mile long, and five feet in width, with an approximate cost of $12,000 to $15,000, Was tgato hospital hd9 voltli1taured to donate fitness stations, which ar6 valued at $5,000, This track would go through the Civic Center Park, around the pool to Withers Street and would be of asphalt, and would have benches along the track. After somo discussion on this, Steve wilt bring a map of the track to the next meeting. B. LAVING ROUNDER PROGRAIM Stove explained a program that Irving, Texas has whereby the people round out their utility bills to the next dollar., and the extra money goes into a Park Trust Fund, After some discussion on this it was agreed that the idea was a good one, but the timing was wrong, with adjustments in the Denton utilities coming up and the summer utility bills are always higher. G, PARK TOUR DATE 1 The date of the Park tour will be June 18, 1985, D. CONTRACT BE'YWEEN DENTON INDEPENDENT SCHOOL DISTRICT AND CITY ON JOINT USE'OF FACILITIES Steve presented each Board member with a copy of a Draft Agreement Between The Denton Independent School District And The City Of Denton On Joint Uso Of Facilities, This was discussed and the Board was in agreement that they approved the principle ,and general form of this contract, Linnic McAdams asked for the minutes to so state that we need to continually review this contract and be kept up to date on what is happening on this V. OTHER BUSINESS Each Board member vas presented an announcement news release of the hiring at' s & Rocraat o;t cyan -Mali C-171-87 nuCati 40 March 28) 1. 983 pogo -3- of Jattico Martin as Sonlor ConCor Suporvlsor, +1.s, oil April !l) 198.1 Nali'tin toill nsswlo iter duties , 4!; ADJOURN; On a motion ur Ronalo Roberts) aocond or Jolla N'llotte the mooting was ad journod, F ClrYo(DENrON,TEXAS MUNICIPAL BUILDING / DENTON, TEXA57620I / TELEPHONE (6u)566-8200 M I3 M O R A N D U M T0, Botty McKean, Assistant City Manager PROM; Steve Brinkman, Director, Parks and Recreation DATE: December 12, 1983 SUBJBCT; Contract with DTSD Please find attached a copy of a contract which will govorn joint use of City and DTSD facilities. This agreement is an excellent first stop toward sharing public factlltios. This sharing means a savings to the taxpayer of Denton which has already been demonstrated. The use of Denia Recroation Center by Borman Elementary School saved the DTSD the cost of building ,n activity center at that location (est. $250,000). The DISD will also benefit from using Evers Park for its physical education program at the new elementary school. Knowing they could use the park, the DISD was able to purchaso less land for the site. We also benefit from this agreement by having a priority usage of school facilities and by reducing the future need for public recreation facilities due to increased use of school facilities. f ka , eve r n man MBM00048 r PARKS AND RECREATION DEPARTMENT 817.387.6146, 566,8270 . 1 , ciryof DBNTON, TEXAS MUNICIPAL BUILDING ! DENTON, TEXAS 76201 / TULEP80NE f817) $66.6200 CIFMORANDUM TO. G, Chris Hartung, City Manager FROMI Oary A. Collins, Director of Data Processing SUBJJ Renewal of Maintenance contract for Utility Billing system DATES December 14, 1903 I would like to recommend approval of renewing our annual maintenance contract with TRES Corporation for maintenance on the Utility Billing SysteO known as CIS. This contract ensures that the City of Denton will continue receiving enhancements,updates and problem corrections for the period of October 11 1903 to September 30, 1984, This will be the second year we have entered in a maintenance contract with TRES for the CIS System. The major advantage of this type of contract is to ensure the City of Denton remains current with industry changes and that we can utilize a large staff of highly trained professionals familiar with this system to resolve operational, functional and data processing problems. The funds for this maintenance contract have been budgeted in the current budget. T have attached for your review copies of the invoice and the software maintenance contract, Gary A, Collins Director of Data Processing TKES COMPUTERSYSTEMS, INC. a Como( Daly Company 18776 Addison Road Dallas, Texas 75248 INVOICE NUMBERi 100018 (Revised 11-28-83) November 28, 1983 City of Denton 324-A East McKinney Denton, TX 76201 Attentions Cary Collins Invoice for the TRES Customer Information System Maintenance fee per Primary Agreement No. 758, Maintenance Order No. 103 dated November 15, 1983, CONTRACT PERIOD October It 1983 thru September 30, 1984 TOTAL INVOICE $ 120000.00 Charles W. Fuller Vice President/Controller dl Please remit tos TRES COMPUTER SYSTEMS, INC. P.O. Box 85498 Dallas, Texas 75285 1 TRErSCOM'UTERSYSTEMS INC. A Connd WIA Company 16776 Addison Road Dallas, Texas 75248 INVOICE NUMBERt 100018 (Revised 11-28-83) November 28, 1983 City of Denton 324-A East McKinney Denton, TX 76201 Attentions Cary Collins Invoice for the TRES Customer Information System Maintenance fee per Primary Agreement No, 758, Maintenance Order No. 103 dated November 15, 1983. CONTRACT PERIOD October 1, 1983 thru September 30, 1984 TOTAL INVOICE ¢ 12,000.00 Charles W. Fuller Vice President/Controller dl Please remit tot TRES COMPUTER SYSTEMS, INC. P.O. Box 85498 Dallas, Texas 75285 1 Primary Agreement No, SYS 758 2 Addendum No, SYS A 3 Licensed Materials Maintenance Order No. SYS 103 4 LICENSED MATERIALS MAINTENANCE ORDER 5 1, CLIENT: City of Denton 6 2, ADDENDUM: This Licensed Materials Maintenance Order, numb e red aS YST 033 7 has been made and entered into as of November 15, 1983, by 8 And Is an addendum to Primary Agreement Number SYS 758, made and entered 9 Into Aglr+eemand ent, expanded and entered Into as of April 20, 1981, Primary 1981, 10 SYS A sto the April 11 3, MAINTENANCE PERIOD: This Licensed Materials Maintenance Order 12 ("LMMO") Is for: 13 3,1, A subsequent Maintenance Period beginning October 1, 1983, and 14 ending October 1, 1984, 15 4, CHARGES: The Licensed Materials Maintenance Charges for this Maintenance 16 Period are: 17 Charge Desc, i tlon Job Order No, Charge Amount 18 Licensed Materials; 001 $12,000 19 Customer Information System 20 Total Charges $12,000 21 5. INVOICING: 22 5.1, If applicable, along with this LMMO, TRES will Include an Invoice 3, and 1SM4 ofathes pare net rimary to aParagraphs ai15 advance, The LMO 23 since 24 charges he and MOsubjectcharges 25 Agreement, 26 5,2, In the event that TRES provides services to the Client during the 27 Maintenance Period which are billable, TRES will Invoice Chent monthly for all 28 hours worked and Reimbursable Expenses, Invoices will be submitted by TRES 29 on or before the tenth working day of the month for hours worked and 30 expenses Incurred during the prior month, 31 6. PAYMENT: Payment terms are defined In the Primary Agreement. 32 7, STANDARD MAINTENANCE PROVISIONS: 33 7.1, For as long as the Client has prepaid the Licensed Materials 34 Maintenance Charges and either Is paying or has paid the License l=ee, then 35 during the Maintenance Period TRES will: 36 7.1.1, Supply temporary and/or permanent corrections or make 37 reasonable attempts to provide emergency bypass procedures if a problem is the problem as a 38 Identified in a In the Licensed release of he If Licensed diagnoses Matterrials, curentj unaltered Materials and 39 defect 3027 Licensed Materials Maintenance Order -1- _ i 1 7.1.2. Provide the Client, at no charge, any known problem solutions 2 relating to the Licensed Materials, as said solutions become known to TRES, 3 7,1.3. Provide Modlficatlons to the Licensed Materials to accommodate 4 any new IBM Operating System release, provided the hardware Instruction set 5 and/or Operating System remains upward compatlble and further provided TRES 6 has available to It all the necessary Information regarding the Operating System 7 release and TRES has Installed and operated said Modifications for its own use 8 or for the use of any other cllent of TRES at the time Client requests, In 9 wrlting, said Modifications. Such Modlficatlons shall be provided to Client at no 10 charge, subject to other provlslons hereln, as soon as possible after the 11 Licensed Materials update incorporating such Modifications Is released for 12 general distribution. 13 7.1.4, Provide (subsequent to the Initial Maintenance Period) the 14 Client with up to sixteen (16) hours per year of on-site consultation by a TRES 15 professlonai staff member(s) to provide general consulting, system performance 16 evaluation, retralning, and other such cons ulting/nonprogrammIng activities as 17 may be required. Client will be charged only for Reimbursable Expenses, 18 7.2, Notwithstanding the foregoing, however, Client understands and 19 agrees that the complete and sole responsibility for the Installation of 20 Modifications to the Client's installed verslon of the licensed Materials remains 21 with the Client and Client shall be responsible Tor installation of all corrections, 22 problem solutions, Modlficatlons, and other changes to the Licensed Materials 23 provided by TRES hereunder, However, upon request of Client, TRES will 24 deliver and Install program corrections and Modifications at the Client site and 25 will Invoice Client at TRES's then standard rates for labor and for Reimbursable 26 Expenses, 27 7.3. TRES's correction of errors In program code In a current, unaltered 28 release of the Licensed Materials that TRES has delivered to the Cllent is 29 subject to the following condltionsr 30 7.3.1, Errors will be reported to TRES by an authorized representative of the Client. Initial reporting may be by telephone or whatever 32 means deemed expedient by the Client, 33 7,3,2. Should it be determined that TRES will be unable to resolve the 34 problem with the Information Initially provided, within twenty-four (24) hours, 35 not to Include weekends and holidays, of receipt of the initial report, TRES 36 shall advise Client to forward additional Information accompanied by the Error 37 Reporting Form, an example of which Is attached, Requested information could 38 include all necessary and applicable documentation, data files, listings, console 39 logs, and the like. 40 7,3.3. TRES will make a reasonable effort to provide a temporary 41 correction and/or permanent correction or provide an emergency bypass 42 procedure to Client within five (5) working days of receipt of Initial report, If 43 more time or data Is required by TRES for correction, 'tRES will inform Client 44 of TRES's proposed course of action and will provide Client with a proposed 45 target date for completion of the correction, TRES may request such additional 46 computer runs as are necessary to duplicate the conditions at the time of the 47 error and to provide additional necessary diagnostic Information. If the Client 48 requires a more rapid response time than the target date for complet' v the 49 correction proposed by TRES, then TRES will endeavor to meet suc or 50 date for completion of the correction, but will invoice Cllent at TRES's tf n 51 Standard Rate Schedule for all labor time actually spent and for Reimbursaois 52 Expenses, Licensed Materials Maintenance Order -2- 3027N 1 1 7,3,4, TRES will Invoice Client at TRES's then standard rates for 2 labor, as well as for Reimbursable Expenses, Incurred for analysis of any 3 errors or other conditions not caused by an error In a current, unaltered 4 release of the Licensed Materials, These Include, but are not limited to, data 5 errors, program Customixatlon, operator errors, system misuse errors, 6 hardware or operating system malfunction, noncurrent or nonstandard versions 7 of hardware or operating system, later changes of hardware or operating system 8 which require changes In progr,-m code, and failure to Incorporate corrections 9 and operating system upgrade Modifications previously supplied by TRES, 10 8, AUTHORITYr EACH PARTY HAS FULL POWER AND AUTHORITY TO 11 ENTER INTO, PERFORM, AND EXECUTE THIS AGREEMENT, AND THE PERSON 12 SIGNING THIS AGREEMENT ON BEHALF OF EACH HAS BEEN PROPERLY 13 AUTHORIZED AND EMPOWERED TO ENTER INTO AND EXECUTE THIS 14 AGREEMENT, EACH PARTY FURTHER ACKNOWLEDGES THAT IT HAS READ 15 THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY IT, 16 IN WITNESS HEREOF, Client and TRES have executed this Agreement as of the 17 date first Indicated above, 18 TRES SYSTEMS, INC. CITY OF DENTON 19 By By 20 Name ORREN Y. EVANS Name 21 Title PRESIDENT Title 22 Date NOVEMBER 11, 1983 Date Licensed Materials Maintenance Order -3- 3027 STANDARD RATE SCHEDULE STRICTLY CONFIDENTIAL. Restricted to only those persons who have a specific need to know these rates, SYSTEMS REPRESENTATIVE LEVEL 1 2 3 4 5 HOURLY 35 40 45 SO 55 RATE CONSULTANT LEVEL 1 2 3 4 5 6 HOURLY 60 70 80 95 110 12S RATE TRES SECRETARIES, CLERICAL, AND PROOFING Without word processing equipment $20.00 per hour. With word processing equipment $25.00 per hour, TRES KEYPUNCH OPERATORS (with keypunch machines) $20.00 per hour. REPRODUCTION 11¢ per copy Rate classifications of personnel are subject to change from time to time due to promotions. TRES will notify Client, In writing, thirty days In advance of such changes in rate classifications. For existing agreements, this schedule is subject to change by TRES upon ninety days prior written notice. For new agreements, this schedule Is subject to change at any time. 8212 AA'I Primary Agreement No, SER 758 Support Services Job Order No. SER 011 SUPPORT SERVICES JOB ORDER 1, CLIENT: City of Denton 2. ADDENDUM: This Support Services Job order, numbered SER 011, has been made and entered Into as of November 15, 1983, by Client and TRES and Is an addendum to the Primary Agreement Number SER 758, entered Into as of April 20, 1981. 3. JOB STATEMENT: Upon approval of this Support Services Job Order by both parties, TRES Is authorized to provide to Client consultation, training, education, minor customization, and/or major customization as periodically requested by Client in reference to the TRES Employee Information System and TRES Customer Information System. Charges for all such services provided hereunder will be Invoiced to and paid by Client under the TRES Standard Rate Schedule attached hereto and at such times as are specified In Primary Agreement 758, The Total Estimated TRES Charges set forth In Article 4,1 hereinafter are hereby defined as representing an upper limit of corresponding services to be provided he^eunder, TRES will not provide nor wlll Client accept services in excess of such total charges hereunder unless such excess is expressly agreed to in writing by both parties hereto. 4. ESTIMATED TRES CHARGES: (A Standard Rate Schedule(s) Is attached) The estimated TRES charges are: Professional Services $24,000 Computer Services Word Processing Reimbursable Expenses 11000 Other Total 125,000 5. AUTHORITY: EACH PARTY HAS FULL POWER AND AUTHORITY TO ENTER INTO, PERFORM, AND EXECUTE THIS AGREEMENT, AND THE PERSON SIGNING THIS AGREEMENT ON BEHALF OF EACH HAS BEEN PROPERLY AUTHORIZED AND EMPOWERED TO ENTER INTO AND EXECUTE THIS AGREEMENT. EACH PARTY FURTHER ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY IT. IN WITNESS HEREOF, Client and TRES have executed thls Agreement as of the date first indicated above. TRES SERVICES, INC. CITY OF DENTON By BY Name ORREN Y. EVANS Name Title PRESIDENT Title Date NOVEMBER 11, 1583 Date Support Services Job Order 30270 CHECK PEQUISITION-VOUCHER Check Num er 01-2 Hum er Pay to $570.68 ount U.S. Life Title Company _EIU=/TTAX P.O. Box 518 apartment D =her 9. 198.1 Denton, Texas 76201 ate Tax Account] 0763-00100 (Jack Ball) Acot,^Balance Invotco date number-and/or ex tanation Account No, Not Inv, Amount Refund due to title company paying taxes on wrong property 100-0401 $570.68 (U.S. Lifespaid taxes on lot 1 bik A Stratford Addition 1 should have been lot I Blk A Stratford Addition N2.) . TOTAL The above has been reviewed and recoemendation for payment is made by the undersigned, Accounting Approval Signature City Managar Approval Director of Finance Approval F . I Tax tRefundeApplicati8on 31,11 (2/82) 0( ~~JVGU APPLICATION FOR TAX REFUND Collecting office name Collecting Tax For; City of Demon Tax Department axing n is aM Mr•Kin f R~.. ~ Address City, State Zip Code In order to apply for - a-tax refund, - the -following information '-r "d by the taxpayer, 9 _ maon must be provided IDENTIFICATION OF PROPE Y , L OWNER.-, Name: ~ Address: Telephone um er a b ona ~n o( lima on is needed): IDENTIFICATION OF PROPERTY: Description of Property: to t lail Tess or ocatlon o roper Account ' Number of Property: I i or ax ece)pt um er, INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for From Which Refund Which Refund Date of the Amount of Amount of Tax Is Requested is Requested Tax payment n Taxes Paid Tax Refund 2• 19~ I9~~ 50 Requ ~Q Taxpayer's re s n for refund attach sup orti g ocumegta,tion): T ILJ "I hereby apply for the refund of the above described taxes and certify th th informat on I hay,) given on this form is true and correct." to re C`e e~L~ i~ l 3 ate o pp ca ion or ax Refund DETERMINATION-FOR-TAX-REFUND- Approval Disapproval - - gnature o u or ze r cer ate gnature o (es: ng ricer( s o axing ate Unit(s) for refund applications over $500 \ If J tom. (r• y ,I ~ 1. ~ I:' MI G x Ct ' rm~ w N 1 G ~ }7 i F, tl D ~af~s J I V yw 0~ ~ju ► hXf{b0 • r r. V 17~~yO ' o U t, o it ~ n: I S c7 ~Y%i v ~ -171 ' H u i t e4;~ '1 y a ~ t o c r, r t~ ~ ';a a Q v ° ~ nr p f.. f. to I December 20, 1983 CITY COUNCIL, AGENDA ITEM SUBJECT; Consider Texas Public Power Association invoice for 1984 Membership Dues. SUMMARY; Texas Public Power Association is the state association of public power systems. Its primary function is to assist cities with municipal electric systems with legislation and to keep the member cities abreast of legal, legislative, and regulatory Issues affectin8 their municipal electric systems. Mayor Richard Stewart Is Second Vice-President of the Texas Public Power Association. FISCAL SUMMARY; Annual Dues $70000.00 Source of Funds 610-008-0250.8505-E921 ACTION REQUIRED: Approval or disapproval of TPPA membership and annual dues, RECOMMENDATION; The Public Utilities Board, at their meeting of December 14, 1983, recommended to the City Council that subject invoice be approved. Respectfully, R. E. Nelson Director of Utilities EXHIBIT I TPPA INVOICE; II CHECK REQUISITION 2686U/15 CHECK REQUI$ITION•VOUCHER t Check Number Num er Pay to $lzloA 2, `~a Amount Texan Public Ponder Qssooiation Utili lias AdMj,njsLrajnn Department 8920 Business Park Drive, Suite 170 ootober 24. 19A' _ Date Austin, Texas 78759 Acct, Balance invoice date number and/or explanation Account No, Not Inv, Amount 1984 TPP.A Dues 1,250/1,000 KWH up to 50 million KWH 1,750/1,000 KS4H above 50 million KWH t Maximum $7,000,00 Denton KWH a 500 million KWH 10008-0250- Maximum $7,000,00 8505-2921 $7,000,00 TOTAL $7,000.00 The above has been reviewed and recommendation f9r p yment is de y the undersigned. Accounting Approval ignat, City Manager Approval _ Director of Finance Approval r , OFFICeRS Past Proueenl AiltlaNeo ']I it Nisor 0190erne PrBTdent ,`i ;can Ilaker D Ooonal,,ww. Luuo%k o P m aton Balnell Cityy 6lanagor. Col~~ege 5lano 2nd V+CO.flrelldeN• kiCl + y C Dick sleNirl kI l ! A n;;}} Mayoral Denton $acwlarvrreasun" Flank Parka TEXAS PUBLIC POWER ASSOCIATION Cdy Manage' 8920 Business Park Drlye. Suite 179 r Auslln„ Texas 18189.812/348.3180 a Vol Weimar OIREOTOR9 ym Cla Gd Oly"OOU1 Manager. City 01 LuUO%k %Bn Manage • CvilY sales nagir. CJy o1'NBalMidoW efd MA slay • ly Manager. ilyol LOCknan Res Dues Notice Larry Pippin • Sly manager y of oidomll WCayne Dudole • CilYMenas°f. The Hoard of Directors of the Texas Public Power Associa- nr arv Halt°Itarer• el Lion on October 71 1983, approved the bud et for the 1984 M last year and are Collegeslauon calendar year. The dues are the same as g carrou MCOOnald' as follows ou sa LUatieoc %M m pOW61 el A Leg nl PlMd wa"`°rl' l .M Members - 1.25 per thousand kwh up to 50 million kwh and Fla a5vaPght oowerSysumiS then 1.75 per thousand kwh above 50 million Bud 01len• kwh with a minimum of $500.00 and a maximum of M'yr. cd oOr,uidurV $7,000,00. Tom VICk • weatheMOrd Associate Members ^ $'150.00 per year well ,n°ql M>rnager. PuCllo Utilities Board oily of BrdWnsvllile Advertisers - $300.00 per year for 12 issues in newsletter, ad Wagoner • metal Menages, Aim Agicyg Please remit the dues to the TPPA office at 8920 Business mtmogRclylge Park Drive, Suite 170, Austin, Texas, 78759 no later than Baatrep November 151 1983. BNivlpa 8goevn Boni Several of our members have gotten into the habit of send- S',mift;"i'lw ing in the same dues as they paid the year before. Be r sure and go through the calculation outlined above and °IStation make adjustments for your latest annual kwh sales. Some OMlGn10" members did not pay dues last year but we have continued Eels as members, we feel that TPPA has made significant e FiBe:a progress in the last 3 years and that the clima..e is right fladNiCaahWq for even greater success. Please pay your 1984 dues even wlgedlaown amhtha • if you didn't in 1983. Ovules HN104010 I thank you for the support you have shown the Associa- HOM tion. Ki"p'"iI4 LempeW ll°ady Llvl Mgaton Llano UXkhad LuDhoek Joan Baker LLiI;on City Councilwoman - Lubbock n town sow cnulaneurg mnhville More Tulle Vamon Weetnerioud Wilma yakum wnnaeae „I f . Of11C6AN Past president - M - 1 r All .0,A111 u4,01 or Boerne :oaaa,u ~ L - C rLJGt OC r. / ,niPSidanl. CC Iv x'anayar Coneye Stal,on Qr0 srcY •prbfrof nt• ! ,.,Art, 01 Dorton 'arO/b Uk Cdr .fjtPHan n^ T #ectelary'treawr/r. r:y h1v., TEXAS PUBLIC POWER ASSOCIATION Ca 6hager, Cdy olAtl,nar TP;% 6920 Bt Wiles Parx OHye, Su+ta t )6. Austin„ Texas, 76759 , 5121346.3760 DIR[CTONS ,nn GLily Manager Ya y . of wDDocs Ken Atneao- CIV` Mena et. y of We~tnadxa vul Mosley • yMlnageL ,Itv l locKnArt wry PlDq eh - Res Dues Notice Cdy 1la nlgew. Cdy 01 O,O4rng1 Warne 008000 Cdy Mongol. The Board of Directors of the Texas Public Power Associa- aary„alter. May0r01 tion on October 7, 1983, approved the budget for the 1984 cadegesllllen calendar year. The dues are the same as last year and are 11100rCISCO as follows: y wD00ck POeN 6 Llgnl Alto Waulers • oentralMInagn Members - 1.25' per thousand kwh up to 50 million kwh and syll g 0wa! il om OoAl l then 1.75 per thousand wh above 50 million Butt My . 01161 kwh with a minimum of $500,00 and a maximum of Clly 01 Orar'Dury TomVck. 4 $7,000.00. art - more 00 were. Associate Members - $250,00 per year P Dna J1 i~ 11i Sous C"yolale«n`Ytl1e Advertisers - $300.00 per year for 12 issues in newsletter. 81OnPrel Manage. 0041A5+n~ Please remit the dues to the TPPA office at 8920 Business M1146111. OITIl$ Park Drive, Suite 170, Austin, Texas, 78759 no later than 8astroo November 15, 1983. 6ell.wa - BOarna Whom ed"" Several of our members have owiite gotten into the habit of send- in the same dues as the urnat y paid the year before. Be 411w411 sure and go through the calculation outlined above and OI/Tan Calaga5ullon • make adjustments for your latest annual kwh sales Some 0Damon " members did not pay dues last year but we have co~tinued letonle them as members. We feel that TPPA has made significant 1lora/aya f~iilalga0drq progress in the last 3 years and that the climate is right oecnq1an for even greater success. Please pay your 1984 dues even aotdlnw/its, if you didn't in 19 8 3. 6ona11a/ OranOUr a army, 44116116 1110 I thank-you for the support you have shown the Associa- iqlad sefflos Honeo t ion . Moat KIrbrVIIIl ' L1n,plpe L1oMy LrvtngltOh LIa~O LOtk KIn LJDadLk Joan Baker 100 city Councilwoman - Lubbock 451-,00 c`wlntvrq O 3VA uu sonoa „s .r•:n :.eat•.er.ps :J• 1 f 1 Orr W6~9 ~ ~ [ P411 aye uael • r 1ry All »Cwf i I l , "A 00101 Boone /i / 1~~171 P43,wl, a I^,l L aw, 'Ir GJWCiAJmdn E,; luoooc.o'efa,n1na qeW, In 1naqf w SIONA" ,larer 01 0a °n10n en1• r ^cr r 1 5ePelary $rNlurer. 0 . 1lran. Niel TEXAS PUBLIC POWER ASSOQIATION dy 6Hnager. of li %%olmer TRA 71 V 8920 1301110$1 Park Dnve, Swle 11$ 0 AUslm., Texas 8759 , $12,346.3180 OIe C0T09S 1,m 04gq • yeouly City nlanaget. G e'D eI L90000 Ken Reneao dy hllnaC/r nr of wegmenore ~11r Sly Mater' !.lar egen rrol-aunan Rel Dues Notice lorry 4W . CCn 10 Ago lvarnl DACCA • of $lW,101'"9"da°u The Board of Directors of the Texas Public Power Associa- Ma; M01tar• tion on October 7, 1983, approved the budget for the 1984 Coaegedletw^ calendar year. The dues are the same as last year and are Carroll Mcoonua . :•,eloror5elel as Follows wooo<, >owad Uqm Freo Via I11,- oPneraltilanlger Members - l , 25~ per thousand kwh u arne a~gn,d p to 50 million kwh and p0maewer9y,llml then 1,754 per thousand kwh Flbova 50 million Budo Bud ow kwh with a minimum of $500,00 and a maximum of rdy 01 0ranovey $ 7, 0 0 0. O O e tom Vie k • • weatnenaro we„• Associate Members - $250.00 per year ow Manager. pu0lie uFIO4t BCJ tO cilyel Brtwri0is Advertisers g0141g0,,er, - $300.00 per year for 12 issues in newsletter, MN NIMICIPAI . FOW"I Ap+wa Please remit the dues to the TPPA office at 8920 Business 1ea.cecivil$ Park Drive, suite 170, Austin, Texas, 78759 no later than 814110$ November 15, 1983.. OetlNNe 3oerne °wle Several of cur members have gotten into the habit of send- 9 fO-nlVe1 ing in the same dues as the aid the rewn,rltI . they p year before. Be GWIMOI Cat<wen coeman sure and go through the calculation outlined above and ConegeSlalon make adjustments for your latest annual kwh sales. Some cro,trttn members did not dues last pay year but we have continued Flame mieu them as members. We feel that TPPA has madeolsignificant . Fleroam Flolewule progress in the last 3 years and that the climate is right Fleoer~caeurq $00000 for even greater success. Please pay your 1984 dues even cloln:ore if you didn't in 1983. unalla °ory anancn(te 0r M~II!pI±VAa X thank-you for the support you have shown the Assoc;ia- Pf$n4e tion. 101°101 xJenlne "Weaaas klelny 4rmgelon .1640 l CCknln ijt:te:k Joan Baker "IN City Councilwoman - Lubbock n1 wn Srger sven°wq nd°110! 011011 a P1:•er!Cra Sr'P MINUTES PUBLIC UTILITIES BOARD December 14, 1983 Members Pvosent; ChatrmanI Roland Laney, Edward Coomes, Marvin Loveless, Leon.ird Herring, Nancy Boyd R. E, Nelson Staff; E. Tullos, Charles Cryan, Joe LaBeau, Bev Little, Suzanne Wright, Kim Gregg Others; Jon Weist, Denton Record Chronicle, Tom Sanders Absent; Chris Hartung 1. CONSIDER MINUTES OF PUBLIC UTILITIES BOARD MEETING OF NOVEMBER 1 ; Herring, serving as Chairman prior to aL`ney s later arrival' called for a motion on this item. Coomes made a motion that, the Minutes be accepted as written, second by Boyd, four ayes, no rayes, motion carried. 2. ff QON S ENT AGENDA: . Consider Texas Public Power Association Invoice for 1984 mbership Dues. B. Consider Quitclaims and Ordinances for Abandonment of Easements for 40 Acre Tract from J.D. Li11y Survey, Abstract 762 and the Wm. Lloyd Survey, Abstract 773, owned by Denton Four Joint Venture. C. Consider Final Payments for Construction and Engineering Services for the Wastewater Treatment Plant, Hickory Creek Lift Station and Interceptor Lines. D. Consider Final Change Order #5 for Time Extension of Contract "B", C-48-1188-13, Hickory Creek Lift Station. Nelson briefed the Board on these items, during which Taney entered and assumed the Board's chairmanship. After a brief discussion by the Board, Loveless made a motion that the Board recommend the City Council approve the Consent Agenda with the stipulation that his personal reservation with regard to Item 2A, Consider Texas Public Power Association Invoice for 1984 Membership Dues", be recorded in the Minutes. Second by Coomes, five ayes, no naves, motion carried. ? 3. CONSIDER WATER AND SEWER RATE ORDINANCE: Nelson introduced th,s Item by po nt ng out that Gilbert and Associates had incorporated the changes requested by the Board at its last meeting on the topic of water rates. Nelson added that he anticipated a joint public hearing on the rates by both the Board and City Council on January 3, 1984, with implementation of the new rates to occur about mid-February, 1984. 0 190 RED RIVER CONSTRUCTION R 0. Sox gas . A001som. TUA9 76001 . 12141 W-4972 44UO SIGMA RP. ST6. 106 . OALLA9: UXA9 76234 December 8, 1483 Dir. R. E. Nelson Director of Utilities City of Denton 215 E. McKinney Denton, Taxes 76201 Reference) Denton, Texas Hickory Creek Lift Station Change Order No. 5 Dear Sir: Enclosed are eight (8) executed copies of Change Order No. 5 on the above referenced project. Should you have any question, please give us a call. Thank you, i RED RIVER CONSTRUCTION COMPANY Dean Porter Secretary-Treasurer i{ DP/b,j s i f Enclosures eat coy M. Vesch, P.E. Freese and Nichols, Inc. F i ~I CHANG$ OR EXTRA WORk ORDER PROJECTI Hickory Creel; Lift Station CONTRACT] C-48-1188-13 OWNSRi City of f)enton, Toxas CONTRACTORi Rod River Construction Company CHANGE ORDER NO, 5 DATE, December 6, 1983 CHANGE OR 9XTRA WORK TO BR PERFORMED Increase contract time to allow for corrective work on Variable Speed Pump No. 1 and its electric control valve, Previous contract amount $9385677.43 Not(increase)(decrease)In contract amount No Change Revised contract amount $938,677.43 Not (increase)(tMMr~Y%$in contract time of completion 177 Calendar Days Revised contract time of completion December 1, 1983 Recommended by Approved by OWNER FREESE AND NICHOLS By_ ByW.~-2~..~..>f WdribuNem Approved by CONTRACTOR I - Owe6e 1-- Cie01N446t I F. b N. Oflies By $-Res. Fnq. MINUTES r PUBLIC UTILITIES BOARD December 14, 1983 Members Present; chairman, Roland Laney, Edward Coomes, Marvin Loveless, Leonard Herring, Nancy Boyd R. E. Nelson Staff: E. Tullos, Charles Cryan, Joe LaBeau, Bev Little, Suzanne Wright, Kim Gregg Others; Jon Weist, Denton Record Chroniole, Tom Sanders Absent; Chris Hartung 1. CONSIDER MINUTES OF PUBLIC UTILITIES BOARD MEETING OF NOVEMBER 14 , 98 ; err ng, serv ng as a rman prior o aney s ater arrival, called for a wotton on this item. Coomes made a motion that the Minutes be accepted as written, second by Boyd, four ayes, no nayes, motion carried. 2. CONSENT AGENDA; A. Consider, Texas Public Power. Association Invoice for 1984 Membership Dues. B. Consider Quitclaims and Ordinances for Abandonment of Easements for 40 Acre Tract from J.D. Lilly Survey, Abstract 762 and the Wm. Lloyd Survey, Abstract 773, owned by Denton Four Joint Venture. C. Consider Final Payments for. Construction and Engineering Services for the Wastewater Treatment Plant, Hickory Creek Lift Station and Interceptor Lines. CD~ Co nsider Final Change Order 115 for Time Extension ntract "B", C-48-1188-13, Hickory Creek Lift Station. Nelson briefed the Board on these items, during which Laney entered and assumed the Board's chairmanship. After a brief discussion by the Board, Loveless made a motion that the Board recommend the City Council approve the Consent Agenda with the stipulation that his personal reservation with regard to Item 2A, Consider Texas Public Power Association Invoice for 1984 Membership Dues", be recorded in the Minutes. Second by Coomes, five ayes, no nayes, motion carried. .3. CONSIDER WATER AND SEWER RATE ORDINANCE: Nelson Introduced this Item by pointing out that Gilbert and Associates had incorporated the changes requested by the Board at its last meeting on the topic of water rates. Nelson added that he anticipated a Joint public hearing on the rates by both the Board and City Council on January 3, 1984, with Implementatton of the new rates to occur about mid-February, 1984. Deocmber 2O, 1983 CITY COUNCIL AGENDA ITEM SUBJECTI Final Change Order, 05 For Time Extension of Contract 0811 , C-48-1188-13, Hickory Creek Lift Station. SUMNARYi Red River Construction Company completed this project as of December 1, 1983. In order to clear, up the time extension for this project and ratify Environmental Protection Agency(EPA) requirements, a Change Order is neoess - The Change Order was associated with the time needed L change out a defective motor with associated check valve which failed before final acceptance of the Hickory Creek Lift Station and therefore, required replacement with a subsequent lengthy delivery time. FISCAL SUMMARY; No costs to the City of Denton. CONSTRUCTION TIME SUMMARYI Previous Construction Completion Date - June 7, 1983 Requested Time Extension - 177 Calendar Days New Construction Completion Date - December. 1, 1983 ALTERNATIVES: None. ACTION REQUIRED; City Council approval or disapproval of subject - extension of this contract by 177 calendar days or to December 1, 1983. RECOMMENDATION: The Public Utilities Board, at their meeting of December 14, 19830 recommended to the City Council approval of the contract time extension so that final contract documents can be completed and submitted to the Texas Department of Water Resources and EPA. Regards, R. E. Nelson Director of Utilittes 2b66UIIT I Change Order No. 5 PLANNINQ AND ZONING 1ON RECOMMENDATION TO TH4 CITYICOUNCIL Tot Denton City Council Case No, G-1617 December. 20, 1983 GENERAL INFORMATION [Ap plicant: Tom Fouts 700 Dallas Drive 7 Denton, Texas 76205 ta tus of Applicant-, Financial Interest Requested Action: Change in zoning from agricultural (A) to the general retail (GR) classifica- tion, Purpoae t Location and Size: 2.11 acre parcel located adjacent and south of East McKinney Street approxt- mately 400 feet east of the intersec- tton of Loop 288 and East McKinney, Existing Land Use: Stngle family residential and vacant. Surrounding Land Use and Zoning: North - Foxworth-Galbreath, vacant; LI, A South - Vacant ortion of PD-41 (4.97 acres ~R~ East - Vacant, light tndustrtal/ commercial uses; LI West - Vacant; PD-41 (Git) Denton Development Gutde: Moderate Intensity Area. (Case 114-1617) Page 2 ZONING HISTORY This 2,11 acre site is surrounded byy propertyy which constitutes a portion of planned development (PD-41}. PD-41 is a 112,87 mixed use development located south of k McKinney with frontage along both sides of Loop 288. Zoning for PD-41 was approved on October 19, 1981 with several conditions (see attaohment 112). Included to the approved site plan is a 10.18 acre general retail area at the southwest corner of R. McKinney and hoop 288 and a 4.97 acre general retail area at the southeast corner of B. McKinney and Loop 288. One key condition of approval re- quires development of residential uses within five (5) years; otherwise, the moderate activity center will be re-evaluated and considered a candidate for "back-zoning" to a smaller size center. This condition was imposed to insure that development in the area will not be limited to general retail OR), Staff is processing a preliminary plat of the 10.0 acre multi-family section which abuts the east side of Loop 288 between the general retail section and a portion of the proposed collector street, ANALYSTS This 2.11 arse tract Is located along the frigge of a moderate intensity node. As described above, a 112.87 acre mixed use planned development (PD-41) surrounds and abuts this property, The owners of this 2.11 acre tract were approached by the peti- tioners of the PD-41 proposal and asked if there was interest in including their property to the planned development proposal. The owners of the 2.11 acre parcel chose not to include their land in the overall PD request and after conferring with staff, Indicated that theyy would petition for an independent change to zoning request if PD-41 was approved. Initially a request for commercial (C) zoning was submitted by the petttloners to this request and staff was advised that mini-warehouse develop went was the projected land use. Commercial (C) zoning and the myriad of uses allowed did not appear compatible with the aforementtoned planned development which surrounds this tract and staff was prepared to recommend dental of a commercial request, The petittoners decided to withdraw the request for commercial (C) zoning and petttion for general retail (GR) designation instead. General retail (GR) zoning at this 2.11 acre site appears reasonable despite staff's concerns about too heavy a con- centration of general retail and high Interistty uses at this corner and within this moderate activity center. Office (0) zoning and land use would add more diversity to this moderate center, but offtce zoning is not being requested. . (Case #Z-1617) page 3 RECOMMENDATION The Planning and Zoning Commission recommends approval of 2-1617 by a vote of 6.0. ALTERNATIVES 1. Approve petition. 2. Deny petition. 3. Modify to PD and require a site plan. ATTACHMENTS 1. Aerial 2. Site Plan (PD-41) 3. Reply Forms Total 4. Property Owner List 5. Minutes of Planning and 'coning Commission meeting of November 30, 1983 r 1 t• ti~' i f rt ,Jr 1 ~ 1 r1~1'r j , i''♦t tt~t~+ r i'pilp.h, p v t L ell r' r SSf,s I r,.~ ~µ'}tl t r 1 '~~`y~ rl ~ ,p 'I ~ ti r r~ 1 T4 t ~'~1 , r*"~t T r y r: +5 it r i t `f d , v .c+ r ii ' 1P,1Y yi Ryi Ilg1 , r!^ f7 Or t _ n " ~,r l aYf, urn 'i+Ir 5L ` ~ i f I ur ~ i'} e. t '7 r TT LR"U , ~Lrn+ r y J r at ~ / f qyl 4 t 7 Ifl r, Y it rl, + 1 , 1'~ t " Y bb 11 1. ~1 , q 1 p 1 0'' 1~^M 1 I ' t` i,v ~'~Y r f I i I' 1 ~l} 1. 1 p it + t ~i f '1r,1 1. rO )i n 7 lfrl~ rr t:. 1, p y e, d+?14 t r~)ryry),,.. t W rOl, ;S 'y rr N:~ ♦ r i. ~t,~W/. r r r r , 1r St l t i S, e} Yr h V SS. y r ,r'.. Y i „ s 7tr. J„ It ~f,l ~v q i1 i.F' Ik 1 i i Y r: ~r + , v e i r r ~.I. „ Y t t C. l Yr A~ , ~K i, r t . 'r' 1 e 1 t, „n o yty}yy ~ ~ f r JAI I Yt 40 oovR vvi, Jhwl` fi~1}ES19p' , t r 5 R i ,i{ Ar 1: 1 4 ~ l v Y ,1~ 1 ~ y 64.1 •e~ t' r y +s. 5 ,JlyL', Or 0 1,.R a l a i. t 'y~ F k 11 I 1 rn I r7 ! h 'I u G I In ~ Ir ~ I ~ r Y I`sL ~1. M r'1 i IV' p w.y , 1• SI 10 7 I~ I m V x l r ofy 1 , B (n ~V t ~ ,7 z yl ~ N ~ 01 f m ~F+j 1 ( 1 1 i tV 1 trill ITi r ti a ~ ~H + M i• N 1.80 soi+tN spot tE j J r n Irt n d C7 v m f4 W FF ~ `IVa 'J w IY roll 1~, iM1~, LOOP 208 p v ' ~ 0 'ro. A' A'Z' I ~ J1 ap ~ N' + i Itiy I v I ~ ~ ~ Cpl t ~ Q ~ v ~ J~ ~ fC j • ~ ~ r ~ ~ 0~0~~ p~SfAffr Je, J p C~ e~•I~r{A ~'n rt. '.j k2 ° 'bv~ r l0i i ~ w = ~ ds p IJ • v It: qll 1 1 PROPERTY OWNER REPLY FORMS +1 CITY COUNCIL Z-1617 IN FAVOR TV OPPOSITION UA'AECIDEA None Received None Received P~ Yawcr . K 0~,~~, ~ L ~a1 ~ LdA 7~ n ~ 1 _ r n ILI ()A i It' A) Gr ti a 1_ z V r r i I i- , 3 C # ale 11'.,Iln, S 12~ Ft a Rya qs 6 P&z rr3nutes November 30, 1983 Page 2 C. Approval of the preliminary plat of Southridge Village Shopping Center Addition. D. Approval of the preliminary plat (lot of record) of The Nest Addition E. Approval of the final plat (lot of record) of Lone Star Addition. F, Appr.ovaI of the final plat (lot of record) of the Ace Addition. G. Approval of the final plat of the Cozy Oaks Addition. H. Approval or the final plat of Lee Meadows, Section II. 1. Approval of the final plat of lots 1 and 2, b?.ock It .Lodge Creek Addition. J. Approval of the final plat of the Northridge Subdivision. Ms. Cole made a motion to recommend approval of the items on the consent agenda, seconded by Mr. Escue. Motion carried Chairman explained the procedure of the public hearings. 111, Public Hearings A.1 z-1617• This is the petition of Tom Fouts requesting a change in zoningg from agricultural (A) to' the general retail (GR) classification on a 2.11 acre parcel located adjacent and south of East McKinney ap roximately 400 (UNAPPROVED) feet east of the intersection of Loop ~ 88 and East McKinney. Mr. Ellison explained this is a request for a zoning change from agricultural (A) to general retail (GR). Five (5) notices were mailed to property owners within 200 feet of the subject property, one (1) reply was returned in favor and zero in opposition. Ton Fouts, petitioner., explained the general location of the subject property and a few surrounding properties zoning classifications. Mr. Claiborne questioned what the a±iticipated use is to be. Mr. Fouts explained it to be some type of retail store ar.3 not certain at this tune exactly what. No one spoke in opposition. 1 , P&7. Minutes November 30, 1983 Page 3 Mr. Ellison stated there is some concern by staff with this area and would like to see a low intensity use. Staff recommends approval of Z-1617. Public hearing closed. Mr. Sidor made a motion to approve Z-1617. Ms. Cole seconded the motion. Motion carried 6-0. B. Z-1619. This is the petition of Marshall Everett, representing Manor Green, Inc,, vequesting a change in zoning from single family (SF-10) to the planned development (PD) classification on a 16061 acre tract beginning adjacent and west of FM 2181 and adjacent and east of Southmont Place Addition. If approved, the planned development (PD) would permit office use on approximately 1.2 acres along the frontage of FM 2181 and duplex land use on the balance of the property. Mr. Ellison explained 10 notices were mailed to property owners within 200 feet of the subject property, two (2) rep)y forms were returned in favor and one (1 was returned opposed. Phil Phillips) attorney in Denton, representing Manor Green, Inc., explained 80 percent of the land would be used for luxury duplexes and the remainder for garden offices. He explained the location of the proposed pproject and some of the existing land uses in the area. He stated that the principals of the project are Bill King, Marshall Everett and Emery Groening. He said the property adjoins a new elementary school and has bast' access to the Country Club which he feels will appeal to the particular set of people they wall be trying to attract to their project as purchasers. There will be one ingress-egress street. The proposed luxury duplexes will be similar to those in South ridge. All lots will be duplexes with at least 2200 square feet and each will have a garage or carport in the rear. The offices will be a buffer between Teasley Lane and the duplexes and will be a very attractive design. Duplex lots will be SO' x 120' for each unit, the total lot size for the total structure will be 100' x 120'0 nflice lots will be 109' x 100' and have the parking at ehe rear. Mr. LaPorte questioned Mr. Phillips if he was aware of the Development Review Committee recommending a required living screen fence. I NO, AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DSNTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69.1, AND AS SAID MAP APP61ES TO APPROXIMATELY 2,11 ACRES OF LAND OUT OF THE M.E,P L P,R,R. COMPANY SURVEY, ABSTRACT NO, 927, DENTON COUNTY, TEXAS AND MORE PARTICULARLY DESCRIBED HEREIN AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TSXAS, HERBBY ORDAINSi SECTION I, The Zoning Classification and (Jae designation of the follow- ing described property, to-wit, All that certain tract or parcel of land situated, lying and being in the County of Denton, State of Texas, out of the M.E.P & P.R.R. survey, Abstract No. 927, and being a part of the seoond tract of 65.5 acres set out and described in that certain Trustee's Deed of record in Volume 241, page 466, of the Deed Records of Denton County, Texas, and more particularly described ae followst BEGINNING at a point in the south boundary line of the Old Denton-McKinney Road, said beginning corner being 586 feet north 61445' west ,if the intersection of the east boundary line of the above montionod 65,5 acre tract, and the south boundary line of the said Old Denton-McKinney Road> THENCE south 29040' west 191 feet to a corner! THENCE north 6200' west 467 feet to a stake for corner THENCE north 22420' east 195 feet to a corner in the south boundary line of said roads THENCE south 61045' east with the south boundary line of said road 491 feet to the place of beginning and containing 2.11 acres of land, more or less, to hereby changed from Agricultural "A" District Classification Use to General Retail OUR" District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas. The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the code of Ordinances of the City of Denton, Texas, under Ordinance No, 69-1, be, an' the same is hereby amended to show such change in DI triat Classification and Use. SECTION 11, That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehens.lve plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with teasonable consideration, among i other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate usts of land for the maximum benefit to the City of Denton, Texas, an4 its citizens. PAGE ONE 7 PLANNING AND ZONING COMMISSION RECOMMENDATION TO THE CITY COUNCIL To: Denton City Council Case No, Z-1619 December 20, 1983 GENERAL INFORMATION Applicant: Marshall Everett representing Manor Green, Inc. 306 Ridgecrest Circle Denton, Texas 76205 Status of Applicants Financial Interest Requested Action: Change in zoning from single family (SF"-10) to the planned development PD) classification. Purpose: Professional office development along the F.M. 2181 frontage (approximately 1.2 acre) and two family use on the balance of the property. Location and Size: 16.61 acres located adjacent and west of F.M. 2181, adjacent and east of Southmont Place and south of Sam Houston Elementary School. Existing Zoning: SF-10 Surrounding Land Use and Zoning: North - Vacant, Sam Houston Elementary School; SF-10, PD-16, South - Vacant; SF-10, Agricultural (A), East - F.M. 2181 West - Southmont Place Addition, vacant, Southmont Baptist Church; PD-47, SF-16, Agricultural (A). Denton Development Guide: Area iv, designated as low intensity. (Case 1i2-1619) Page 2 ANALYSIS This site is located in a low intensity area. Attached policies overning requests for diverse land uses in areas designated as ow intensity were used as an evaluation tool, The total size of the subject tract is 16,61 acres. Two family (duplex) land use is being requested for the majority of the property (approxi- mately 14 acres). A request for professional offices on a 1.2 acre portion of the property constitutes the balance of tho CD concept plan. The petitioners have informed staff that the pro- fessional office area Is intended to be a buffer between the proposed two family residential area and F.M. 2181; the offices along F.M. 2181 would also provide a potentially acceptable tranaltion between a nine (9) acre general retail area (PD-16) to the north and vacant property south of the subject tract. The petitioners have agreed to conditions on the office portion of this request that would; Limit development to one story; require architectural design that is residential In character, and restrict detached signs. Staff is comfortable with pur- ported plans for office use. Two landowners in the area appeared in opposition to this re- quest when the Planning and Zoming Commission public hearing was held. Both cited traffic and a general opposition to two family land use as a basis for opposing the proposal. One of the two in opposition during Planning and Zoning Commission considera- tion was the adjacent property owner to the sout , The devel- oper of property adjacent and west of this sate ~Southmont Place Addition) appeared in support of the project when it was consid- ered by the Planning and Zoning Commission. This individual. expressed a preference for "luxury" duplexes that can be con- trolled through impressive and extensive restrictions and planned development (PD) zoning as opposed to straight SF-10 zoning. The property owner to the east of this site (across FM 2181) also submitted a reply form in support of the project. The Importance of Informing and Involving adjacent property owners was stressed and it appears that the petitioners have made more than adequate attempts in this area. Members of the Planning and Zoning Commission spent considerable time discussing materials, height of structures and minimum square footage during the public heartnA for this item. The petitioners have indicated that "luxury duplexes are planned and it was reported In their presentation that a minimum 2,200 square foot structure (1,100 square feet per Individual dwelling unit) is one proposed deed restriction. One member of the Plan- ning and zoning Commission commented that 2,200 square feet is not very large if one is striving for "luxury" housing. The petitioners responded with the suggestion that the 2,200 square foot figure is a minimum guideline only and most structures wall SECTION III, That this ordinance shall be in full force and effect iiranediately after its passage and approval, the required publio hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof, PASSED AND APPROVED this the day of Deoember, 1983. RICHARD T R , CITY OF DENTON, TEXAS ATTESTI CHARLOTTE ALLEN, CITY ECRETAR CITY Of DENTON, TEXAS APPROVED AS TO LEGAL FORMi C, J, TAYLOR, JR „ CITY ATTORNEY CITY OP DENTON, TEXAS Sys f i PAGE TWO (Cast) #Z-1619) Page 3 ANALYSIS (Continued) FdIctating rom 2 800 to 3,200 square feet in size, Althoujcpd ith PIS zoning, the Planning and Zoning Commissiuncil have traditionally avoided Imposing conditthe minimum size of housing; this function is conditions served for deed restrictions and private enforcnse to further questions, the petitioners indica mixture of single story and two story housing with miwood and brick veneer, materials is proposed to insure dLim ited access and screening are proposed for security RECOMMENDATION Fby"avote ing and Zoning Commission recommends approval 4f Z-1619 of 5-1 with the following c onditions; (6) foot wood fence with brick pillars at each lot hall be erected along the north, west and south pmeter of the tract before 25 percent occupancy is achieved for lots within the development, at the developer's expense. 2. Total number of lots and dwelling units, lot sizes and setbacks shall conform with approved PD concept plan; a total of 49 structures and 98 dwelling units is approved. 3, Plat approval shall constitute site plan approval for resi- dential section; specific site plan approval in addition to normal preliminary and final plat approval is required for office portion of development, 4. Office use shall be limited to one (1) story in height and architecture shall be residential in character with no detached signs permitted on site. 5. Unless expressly waived, varied or revised through planned development (PD) zoning, all normal City of Denton develop- ment standards, building codes and zoning ordinance require- ments shall be applied to this development. 6. If site is not developed within four (4) years the zoningg will revert to its previous single family (SPA-~0) classif. cation. Case NZ-1619) Page 4 ALTERNATIVES 1. Approve petition with conditions. 3. AAppproove ve petition without 4. Deny petition. ATTACHMENTS 1. Aerial 2. PD Concept Plan 3. Reply Form Totals 4. Property Owner List 54 Minutes of Planning and Zoning Commission meeting of November 30, 1983 MATRIX UALUATTON SMIMARY Z-1614 DEVELOPMENT ttUIDE CC"MNT DEVELOPMENT ItAT1Np COhIPARED TO POLICY POLICY Un.cceak~blt S1ight1 NIA or Slightly U, e • ♦ s r Ae/atable cc tab Area density/inten- Residential develop- X city standard is not ment density of approx violated, imately 6,5 units per. acre is well within standard. Office intensity is limited by single story design and scale of request. Strict site plan PD zoning is provided X control within one block of existing single family Major street access V.M. 2181 and internal X and not through streets not impacting local low density adjoining residential residential streets areas Sufficient green Not considered appli- X space;+recreational cable for a projeot 'facilities and of this type and size diversity of-parks are provided Input into planning Adjacent property X neighborhood owners were notified of plans and given an opportunity to respond beyond normal degree, OVERALL X , "AT ,i'. /t ~',,~1 r • a,r ~ ~ s~_' ,'1 p v P it ~ , -oval 1• l 40 , r o• r~ ~ " r ~ r t ~}'~4 rs II '•~irfrSf'f1, t') ~w `~~`,t ► ~.r ` l 41 }`j1~~,1t1,1,Y~ ~r. t . `4~ ol, 00 r 1/, ♦ S 1I y 1 4"•111 1 1M~ ;\~y~ ~ j!1 t~ ~ 4~~',, Jr 1' 1 I `t 1'' (•1 1''I~1 • ,~~•1 J ,p / 1' 1 ( ti 11 'A' 1 T l L oil ~ ILINf~ li'7` ~ '1 i,y m l n ,IIMI'y r i, I ;'o, ' r I tr * '1 ;i 1 ,vim 1 • i oe, ~ ~ '1 l gjr~,1 ~ 7 tirT' ( J• Si 1 'J7 t( ■ I ~J' If 1 r !Y ill ;1t ' nt`. 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OOVLLALItk JUA VCY ANON YN~GN tDUN. Y, TL MS PROPERTY OVVER REPAY FORMS CITY COUNCIL Z-1619 IN FAVOR IN OPPOSITION UNDECIDED Nolan Browne None Received Southmont Dev. Co. Box 1435 Denton, Texas Jerome M, Cott Route 6, Box 24 Teasley Lane Denton, Texas r i C-fir J n. » 1 t',~'tr Dctlac 7X Sao Gl,tI+C,,~ I rr D`A'N.-4J J I1'lr 1~ t~JI ~hC 3311 3.S r ~</>1`}Or~ 7(nd.U( ~ ~J ~ Ll C_~(J I Iy~ Jl~lti~~l 1~~11 I J~6ulledIe ~J 11 it ISO z.cLr o. -ILI SA'AW, rn n-) oft 6,~ `-ai -rieA r,ic. o r ~ All • 12-t ~ t~• 3 ~ ~~aJ r P C l 1< c P&G Minutes' November 30, 1983 Page 3 Mr.. Ellison stated there is some concern by staff with this area and would like to see a low intensity use. Staff recommends approval of Z-1617. Public hearing closed. Mr.. Sidor made a motion to approve Z-1617. Ms. Cole seconded the motion. Motion carried 6.0. B.;' Z-1619. This is the petition of Marshall Everett, representing Manor Green, Tnc., requesting a change in zoning from single family (SF-10) to the planned development (PD) classification on a 16.61 acre tract (UNAPPROVED) beginning adjacent and west of FM 2181 and adjacent and east of Southmont Place Addition. If approved, the planned development (PD) would permit office use on approximately 1.2 acres along the frontage of FM 2181 and duplex land use on the balance of the property. Mr, Ellison explained 10 notices were mailed to property owners within 200 feet of the subject property, two (2) reply forms were returned in favor and one (1) was returned opposed. Phil Phillips, attorney in Denton, representing Manor Green, Inc., explained 80 percent of the land would be used for luxury duplexes and the remainder for garden offices. He explained the location of the proposed project and some of the existing land uses in the area. He stated that the principals of the project are Bill King, Marshall Everett and Emery Groening. He said the property adjoins a new elementary school and has easy access to the Country Club which he feels will appeal to the particular set of people they will be trying to attract to their project as purchasers. There will be one Ingress-egress street. The pproposed luxury duplexes will be similar to those in Southridge. All lots will be duplexes with at least 2200 square feet and each will have a garage or carport in thF rear. The offices will be a buffer between Teasley Lane and the duplexes and will be a very attractive design. Duplex lots will be 50' x 120' for each unit, the total lot size for the total structure will be 100' x 120', office lots will be 109' x 100' and have the parking at the rear. Mr. LaPorte questioned Mr. Phillips if he was aware of the Development Review Committee recommending a required living screen fence. P&Z Minutes November 30, 1983 Page 4 Mr.. Phillips replied no, but after some discussion between him and Emery Groening it was stated that a screening fence would be no problem, Emery Groening, principal of project, stated the duplexes would be a two-story construction and would ltke a two- story office. He clarified that the 2200 square feet is a minimum and that some or most would be larger. Fie said some of the plans they are reviewing have 2800-3200 square feet, having 1800 square feet on one side and a smaller unit on the other side. The construction will be primarily brick veneer but some will be wood construction. lie stated there will be an architectural committee. Mr. Sidor questioned how many units are proposed. Mr. Groening explained there would be 49 structures under roof, being 98 individual duplex units. Slides were shown of some luxury duplexes in the Dallas area that were explained to be comparable to the subject project. It was commented that the homes shown did not resemble a standard looking duplex on first appearance: Mr. Sidor questioned whether the corporation presently owned the subject property and wondered If he was aware that the property was presently zoned SF-10. Mr. Crooning responded they do presently own the property and is aware of the current zoning. Mr. Claiborne questioned whether or not utilities are in the area. Mr. Fisher answered yes they are. Nolan Browne, developer of Southmont, stated he has been aware of this project since tts beginning, he explained the location of his development and stated he felt that the luxury duplexes would be more desirable than single family homes and,he has no objections. Dewey Fields stated the utilities are in the area and there would be no problems in connecting on to them. P&Z Minutes November 30, 1983 Page 5 Kyle Thompson lives within 350 feet of the aubject property and he opposes the project. He explained that his property is 1 1/2 acres where his permanent home is situated. He it opposed to the office structure in this area be,;ause he wants to see it remain residential. Also he stared he believes that the 1100 square foot would be the standard size for the duplexes and that is just too small, He stated that if the commission does grant the zoning change he would like them to of least not allow w two (2) story office structure, Mr. Claiborne questioned how he felt about the two-story duplex design. Mr. Thompson said he is not strongly opposed to two story duplexes although he does feel they will hurt his prop- erty values, 'Dr. John Kozura, owns land to the south that borders the subject property. One of his concerns is the drainage of the area. Mr. Ellison explained the plattingg procedure and the study that the city does whether it is zoned SF-10 or planned development, Dr. Kozura questioned why the commission would approve SF-10 zoning and now consider approving a planned development with duplexes. Mr. LaForte commented he feels that the commission will vote for the good of the area for Denton. Dr. Kozura stated he thinks that the developers are not stating enough particulars and details for the commission to even vote on the proposal and that there are several inconsistencies. He questioned why they need commercial zoning on the front of the property. Mr. Phillips explained that the office built at the front will be designed as a buffer situation. Dr. Kozura stated density is also a problem in the area, the inconsistencies bother him and the wood construction is not as nice as brick veneer. Mr. Ellison explained that Teasley is already heavily impacted, however single family zoning to two-family is not that significant and Ridgeway will relieve Teasley Lane traffic. Construction of Ridgeway will begin in 1984, right-of-way has been dedicated. F&7. Minutes 1983 , November. 30, Page 6 Mr.. Ellison explyz~sebetweentaesingle famile dovelopmentin the density figures lie stat his cthe onversatieon withlMarahall Everettethatatheeofficeled h would be a single story Staff feels the area is having increased development interest. There is does notun- developed land in the area, T level. ispr Overall, staff violate the dsal twith development guide feels the proposal complies o sed but is still policies No greE11,1s e is proposed Moniateeand Mr. Groeningfstthe atedihe would not being PPoPr re ect wouuld adjust the side setback to meet staff's requ.r- ments. Overall eofsZ-1his 6193 with theeconditionsjand recommends approval shown In staff report- Mr. Pearson questioned how the office section is included in the density study, Mr. Ellison explained it can be calculatedstwo ways) either by per square foot or by the gross reage which is what the city es Mr, Pearson asked how many square feet there would be in the office building. Mr. Groening explained that has not been dettermained at not big this ti and that the concernmotherr than the use office au buffer. is Mr. LaForte suggested Mr. Groening commett asfto why the minimum square footage is set at 2200 square d+splexes and the Issue of there being several issues not yet decided upon for the project. Mr. Groening commented he feels the 2200 square foot minimum Is a good size, the development will not be 2200 square feet on areason uforrsmallerrunitsltoebeamore units the only were to change and ' prevalent would be if the economy meet ticaluyl{ardemand. He saiddaascreeningsfenceure to meet the P b r ui t would be okay and also the 25 foot setback e and 7 foot side setback. The one-story office Is okay with the residential design of construction. Mr. Sidor asked Mr. Groening to clarify the frame construction, P&Z Minutes November. 30, 1983 Page 7 Mr., Groening explained that wood siding on houses Is a trend and is very attractive. Public hearing closed. Mr. LaForte commented, with regard to the type of construction, that it is a touchy situation to try to determine whether the developer will do what he says or not-, the commission should concern themselves with the land use only. Mr.. Stdor made a motion to recommend denial of Z-1619. 110 seoolld. Mr, Claiborne made a motion to approve Z-1619 with the following conditions: 1. A six foot W) wood fence with brick pillars at each lot line shall be erected along the north, west and south pe-r.Imeter of the tract before 25% occupancy is achieved for lots within the development at the developer's expense. 2. Total number of lots and dwelling units, SIzes and setbacks shall conform with approved plan; a total of 49 structures and 98 dwelling units is approved. 3. Plat approval shall constitute site plan approval for residential section; specific site plan approval in appro- required normal for preliinary and val addition portion ofndevelopment. 4. Office use shall be limited to one (1) story in height and architecture shall be residential in character with no detached signs permitted on site. 5. Unless expressly waived, varied or revised through planned development (PD) zoning, all normal City of Denton development standards, building codes and zoning ordinance requirements shall be applied to this development. 6„ 1i site is not developed within four (4) years, the zoning will revert to Its previous single family (SF-10) classification. Mr. Pearson seconded. P & G Minutes November 30, 1983 Page 8 Mr., Sidor questioned if the commission shouldn't be able to see the type of construction planned for the duplexes and offices. Mr. Pearson commented that staff stated they have met city requirements and that people are now enhancing the construction and downsizing their units. Vote was called, motion carried 5-1 (Sidor), V Oif' N0. AN ORDINANCE AMENDINO THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED A6 AN APPENDIX TO THE CODE 01' ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO, 69.1, AND AS SAID MAP APPLIES To APPROXIMATELY 16.6117 ACRES OF LAND OUT OF THE C- POULLALIER DABSTRACT ESCRIBED NO, HREIN06 AND N DECLARI'.vO AN T EFFECTIVE MORE PARTICULARLY D DATE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS1 9RCTION "I The Zoning Classification and Use designation of the tullow- ing described property, All that certain tract or parcel of land situated in the C. being a a ipart uof ea$ certain Astract described ninna0deedysfromxJohm aM, Avinger, et a1, to Henry S, Miller Company on November 11, 1976, Texas, andnbe bVolume eing morel EUllygdescribed as R 11OWs of Denton County, mentioned tract at CO, eNCING at the soothe s of t a rnorthfethe rabve oads THENCE north 0035121" east with the east boundary line of said tract in the the plao of o said road a distance of 1011.24 feet to a steal pin a THENCE north 89116145" west a distance of 1313,46 feet to or, iron pins THENCE north 0606107" east a distance of 246.59 feet to an iron pin at a fence post angle) THENCE north 1652158" east a distance of 327,95 feet to an iron pint THENCE north 89413124" east a distance of 703.04 feet to an iron pint THENCE south 0447112" east a distance of 86,86 feet to an iron pin) art a THENCE; twest 89612148m right-way of distance F*M. Road 2181420 feet to an iron pin on the THENCE south 0647107" with the west right-of-way of F.M. Road 2181 a distance of 139.60 feet to an iron pint to THENCE with the west right-of-way of Road 21181 ar&oundraadicurve 224,2983 6 feet t to a a schord teel length of 223.90 feet, ar* arc length of THENCE south 0035121" west a distance of 159,12 feet to the point of beginning and containing 16,6117 acres of land, from Single-Family "SF-10" District Classifi- is hereby changed cation Use to Planned Development "PD" District Classification and of the City Use unaer t,he Comprehensive Dentoh) Texas With the following Zoning nand e specifieationst of 1, liner hall foot (61) wood fence with brick pillars at each lot perimeter 'of the tract before twenty-five percent (258) occupancy is achieved for lots within the development at the ceveloper's expense. n / N PAGE ONE Z_ e ! 2, Total number of lots and dwelling units, lot Sizes and Set. conceptbacks structures (end ninety-eight (98) dwelling units is approved, Plat approval shall oonstitute site plan approval for resi- dentia seotionr specific site plan approval in addition to normal preliminary and final plat approval is required for office portion of development, 4. Office use shall be limited to one (1) story in height and architsoture shall be residential in character with no detached signs permitted on site, S. Unless expressly war.ved, varied or revised through planned development (PD) zoning, all normal City of Denton develop- ment standards, building codes and zoning ordinance requirements shall be applied to this development, 6. If site is not developed within four (4) years, the zoning will revert to its previous single famly (SF-10) classification, The 2oning Map of the City of Denton, Texas, adopted the 14th day of January, 1968, as an Appendix to the Code-of Ordinances of the City of Denton, Texas, under Ordinance No, 69.), be, and the same is hereby amended to show such change in District Classifi- cation and Use subject to the above conditions and specifications, SECTION II. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with 'a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas and with reasonable consideration, among other things for t14 character of the district r,nd for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens, SECTION III. That this ordinance shall be In full force and effect immedi- attly after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof, PASSED AND APPROVED this the day of December, 1983, RICHUD 0. STEWART, MAYOR CITY OF DENTON, TEXAS ATTESTr CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMr C. J, TAYLOR, JR., CITY ATTORNEY -CITY Or DENTON, TEXAS HYr PAGE TWO CITY COUNCIL AGENDA BACK-UP SUMMARY SIMET METING DATEt December 20, 1983 SUBJECTI This is a public hearing concerning the proposed annexation of approximately 175 acres of land beginning at the ex sting city limit on the north side of Iiighway 380 east. (7.-1621) SUMMARYi The proposed annexation is 500 feet wido and goes north for 10,560 feet and then turns west for approximately one mile, All of the property in- volved in the proposed annexation bei,ongs to the. City of Dallas, Annexation will extend the city's extra territorial jurisdiction (ETJ) two (2) miles to the north of the northern extromity of the annexation which will enable subdivision review by the City of Denton in this area, Annexation of this land will enable addUional future annexations in the direction of our future water resource and can serve to more clearly define the ultimate north- eastern boundary of the City of Denton, ACTION REQUIRED: Hold a public hearing. Ai,TERNATIVE5! 1, Hold a public hearing, 2. Discontinue annexation process. 3. Reduce the size of the proposed annexation. RECOMMENDATION: The Planning and Zoning Commission recommends approval, EXHIBITS: 1. Map 2, Service Plan 3, Property owner list 4. Reply form totals Charles S. 4Jatkins Senior Planner .Mr .v1•ww..w i, ti-'+ Z`.. •.H .rr. .~:.t:: 1. r.Y ►fl. . Yti~ 'r"~M'•r•'•.'.,~w.' rwv~:'y rt W'• WNM~I.tr q`..WY+~ S~Aw~1M w.Y'i' .v lf~.~F r y, C' N"r. •.v.v.«, NIIYy. 'NA•+ory Y~ M. tW ~M y y e r~rili Rd. M Sneporo Ad, ~vI A Aloaw 'dapk' Rd uG Green v0 l40 -N 4 *4 4 7c . , ? • tl' , 7c+ y~ -0 Wors Phu mj~Rd. / ~w r` Qb•t~I 06 . Im•B0tIamclrola,W R co a 4 H. oI JJJ Z. IAIRFIELO c, r + O 1 ' :;:t~-:i.~r;: •C [y.• /G Lbn)rn a r 377 05 621 e . .:a: t _ ti,_ 4rvin Hiil• t Co if =i: rm ?,"I 160 a,`~ 3r7 1 S ~ 'Ili!;! ! ~ ~ _ ' _ n~'o 0, B dul, -.7 1, -j ~i • o i 2 S LL iy;_r TtvpsRd d ; e ~ _ d ~ ~ i is I , ~ 0 s J~+-~- _ -i•:-[ . _ ` 3 _ J ~_a_ 11~r ~ I I , ~ xF - ~ ; M ~ IrC f db,lk 1'. yo. 07 h'" i5 \ t t._y r~,"~• Ci ~ sJO o rr r.),Q r r ~ ~`V r r lei • ~•~L'-~yCf r ' f :':1 F-~~~;:, ~ 4~.1~~~Q 1 ;y.. 9o t. ~ J '^"7 ~,~--ter!' , PLAN OF SERVICE FOR ANNEXED AREA, _ CITY OF DENTON, TEXAS WHEREAS, Article 970a as amended requires that a plan of service Oe adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; Section 1, Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service; I. Basic Service Plan A, Police (1) Pattolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffio standards, B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation, C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 13,06 of appendix A of the code of the City of. Denton, Texas, D, Sewer (1) Properties in the annexed areas will be connect~id to sewer lines in accordance with article 13,06 of appendix A of the code of the City of Denton, Texas, • F. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation. t Service Mau Annexed Areas page two F. Streets (1) Emergency maintenance o? streets (repair of hazardous w etc,) chuckholes necessary date o of t annexation, will begin on the (2) Routine city, will, maintenance beginhinsame the annexedsareaton present city, the effective date of annexation. (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city, G, Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc,) will begin in the annexation area on the effective date of annexation, H, Planning and Zohing (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area, I, Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city, J, Recreation (1) Residents of the annexed area-may use alltexieffec- recreational facilities, parks, etc., tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city, K. Electric Distribution • (1) The city recommends the use of City of Denton for electric power. Service Plan Anaexed Areas Page three • L. Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. II, Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly, The Plan is prioritized by such policy guide- lines as, (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities, (2) Impact on the balanced growth policy of the city, (3) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation, In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city, i c Ual la s PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1621 IN FAVOR IN OPPOSITION UNDECIDED None Received None Received i a, CITY OF DENTON, TEXAS OFFICE OF THE CITY ATTORNEY MEMORANDUM C.I. Taylor, Jr,, City Attorney Joe D. Morris, Assistant City Attorney Robert ?3, Hunter) Assistant City Attorney DATES December 80 1983 TO; Mayor & City Council planning & Zoning Commission G. Chris Hartung, City Manager Jeff Meyer, Director of Planning David Ellison, Development Review Planner I nom, C. J. Taylor, Jr., City Attorney SUBJECTi Opinion No. 350 Approval of Final Plat Of F. M, Darnell Addition, Lot 20R, the same being the replat of Lots 19 and 20 of F. M, Darnell Addition, Volume 324, page 460, Deed Records of Denton County, Texas, On December 6, 1983 the above plat came before the City Council for final approval in accordance with the recommendations of the Planning & Zoning Commission which recommended that the plat be approved subject to the owner of the subdivision being required to dedicate a ten foot strip for the future widening of Eagle Drive, Lot 19 is adjacent to Avenue B and Lot 20 is adjacent to Eagle Drive, both being dedicated public streets adjoining the property and already improved with curbs and gutters, At the location of the property, the City of Denton Development Guide shows Eagle Drive to be a major arterial (secondary) street from sixty to eighty feet in 'width. The final approval of the plat was tabled in order that we could determine the legal basis of the objections to the dedication of the ten foot strip on the part of the property owner. This office has been advised that Eagle Drive is a sixty foot dedicated street, improved with curbs and gutters, and there are no immediate or future plans for the widening of Eagle Drive on the part of the City of Denton. The property is zoned for multi-family uses unoer the zoning ordinance and the owner of the proposed subdivision proposes to construct multi-family apartments upon the property. 1 Mayor & City council, et al December 8, 1983 Opinion No, 350 Page Two The only purpose of replatting the two existing lots is to comply with the provisions of Article 4.16 (D) of Appenaix A of the ordinances of the City of Denton (Subdivision Regulations) which prohibits the' placing of a building over or across existing lot lines, except two-family dwellings or one-family attached dwellings, We find nothing in the Charter of the City of Denton authorizing the City to require the dedication of land for street purposes under the facts set out herein. Article 4,03 (A) of Appendix A does require that the owner of property shall be required to dedicate street right-of-way as shown in the official adopted thoroughfare plan, and according to the standards and criteria of set out in Appendix A. The required criteria for street dedication is set out in Article 4.03 (A) (Figure 2) which reads as followsc "(2) Required Dedication Criteria. Wh,.n evaluating the need to require mandatory right-of-wa~/ dedication in a recordable subdivision, the followins general require- ments shall be met unless uniqu•1 public interest oonditions exist which would make these guidelines in part or in whole not appropriates (a) The proposed land use requires or causes the need for such improvement requiring additional right-of-way. (b) The officially adopted thoroughfare plan of the city and these standards indicate a public need. 4 1 (c) The amount of the required dedication is considered reasonable which is generally defined in large subdivisions (over one hundred (100) acres) as not more than thirty-five (35) percent of the property and in small tracts as a lesser percent depending on the tract size. (d) Irhe required dedication is shown to enhance the use and function of the property, We have not been furnished with any information which would show that the proposed land use requires, or has caused a need for, the additional ten feet of right-of-wayr no information has been submitted to us that show that the official thoroughfare plan of the City would require the additional ten feet of right-of-way other than the Denton Development Guide. On the contrary, the Mayor & City Council, et al December 8, 1983 Opinion No, 350 Page Three City has no plans to widen Eagle Drive in the immediate future) the amount of property to be dedicated in the ten foot strip vould amount to approximately six and one-half percent of the total square-footage of the proposed subdivision) and no information has been furnished to us which would show that the required dedication is necessary to enhance the use and function of the property if developed for multi-family dwellings, Lot 20 of the original F. M. Darnell Addition of record in 'Volume 324, at page 460 of the Deed Records of Denton County, Texas abutted Eagle Drive and the north thirty feet of Lot 20 was dedi- cated for public street purposes and its use restricted for that purpose, In the replat of Lots 19 and 20 of this subdivision, the new subdivision Lot 20R is also adjacent to Eagle Drive and the north thirty feet of Lot 20R is dedicated to the public for street purposes, By operation of law, the owner of a lot adjoining a public street owns the fee title to the center of the street, subject only to the easement for street purposes. The owner of this subdivision, as stated in City of Corpus Christi v, Unitarian Church of Corpus Christi (Civ.App, 1968, writ rem n,r,e,) 436 SW2d 923, is not dividing a tract of land into two or more parts for the purpose of filing a subdivision plat, on the contrary, he is combining two already existing recorded subdivision lots into one replat in order that he may develop the property with multi-family dwelling units. Under the facts outlined above, we are of the opinion that the City of Corpus Christi v. Unitarian Church of Cor us Christi is a ease squarely in point wh ch would prohibit the City of, Denton from requiring the dedication of the ten foot strip as a condition for the approval of the subdivision replat, unless it can be shown that the 10 foot dedication is necessary in order to develop the property. In the City of Corpus Christi v. Unitarian Church of Corpus Christi case the court e d as o lowsi "we have no quarrel with the trial court's judgment that the various articles and ordinances make the reasonable requirement that the church must file a plat of its unplatted lot. However, the withholding of a building permit upon the condition that a portion (amounting to fifteen percent) of the church's property ue dedicated to public use as a condition for the approval of such plat, is not by law authorized in this case," . ~ r 1 Mayor & City council, et al December 81 1983 Opinion No, 350 Page Four The Court further distinguished the power to condemn from the power to require decication of streets within new subdivisions and held that the. City is not taking private property for public use without compensation by requiring dedications of public streets in new subdivisions, but the City was really regulating the use of the land therein and requiring that it be devoted to public streets for access to each of the subdivided lots. The City may not require the dedication of land for street purposes without any compensation by simply deciding that an existing sixty foot street shall in the future be eighty feet in width. See City of DUPUy V. City of Waco, 396 SW2d 103 (Tex. s.Ct. 1965). If the City contemplates that it might be necessary to some day widen Eagle Drive, then a building line setback could'be placed on the plat to assure that if the street were widened that no building would be in the take area. C, J. AYLU CJTJR i j s CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE; December 60 1983 SUBJECT; Approval of .;he final replat of lots 19 and 20, F, M. )arnall Addition SUMMARY; Proposed lot 20R of the above referenced subdivision will total 0.578 acres in size, if approved. The intent of the replat is to remove an existing lot line between lots 19 and 20 for restibdivision into one lot. The property is zoned multi-family (MF-2) and multi-family development is anticipated. The property is located at the southeast corner of Avenue B and Eagle Drive. Adequate streets utilities, drainage and other public facilities are available to the site. Although it is an improved street, Eagle Drive is designated as a secondary major arterial, The Development Guide and subdivision regulations require 60 - 80 feet of right-of-way for secondary major arterials, Staff is recommending that the maximum right-of-way be acquired when possible in cases where subdividing and re-subdividing is occurring for future planning and possible improvements. No improvements are planned for Eagle Drive in the immediate future. Ten (10) feet of right-of-way is being requested off Eagle in conjunction with this request. Devel- opment Review Committee minutes sent to the owners erroneous) advised that an additional twenty (20 feet of right-of-way is being requested for Eagle and that a total of 100 feet of right-of-way is needed. Half of the total right-of-way needed is all that can be required on recordable subdivisions only. Right- of-way dedication cannot be required on lot of renord plath. This is a request u City Council Bach-up November, 30, 1983 F. M. Darnall Addition Page 2 SUMMARY (Continued); for re-subdivision; it is not a lot of record procedure. Thr petitioners ap- peared at the Planning and Zoning Com- mission with legal counsel (Mr. John Narsutis) and it is their preference and request that no right-of-way dedication be required. ACTION REQUIRED; Approval of the final replat and action on right-of-way dedication issue. RECOMMENDATION; The Planning and Zoning Commission recom- mends approval of final replat. The Planning and Zoning Commission did not act on the right-of-way question because staff dial not provide them necessary information at the November 30, 1983 meeting. ALTERNATIVE: Approval of the final replat. ATTACHMENTS Reduced replat 4 IJ~ David son Development Review Planner WI Pt CHALS41 $41RVE)" A- 996 1AGL ataa A o 41" N) dip rip I ~c rOf 00 LAILYOAANAT i LOT '5 '1 LOT zo R Y! 0' 0,078 AO,. _ o N z VI LOT 14 lip0 ON A44 0 p. pro 0 yp p6C (y~ i WEST 184.70 2p i r ~ y0~ ~ li I LOT IA LOT 13 i -tl w4 j ~~1 14 1 M I1 YL 214 L ~I 4OLOEN S E TIGER 00. 2140 S4vonnan roll' ~i 1 ~ Dm1on 7Rras 78201 LOCATION MAP I" r 2000 i FINAL PLAT F. M, DARNALL ADDITION LOT 20R I 8EINO A REPLAY OF LOTS 19 8 20 F.M. OARNALL AOON,1 Val. 324 Pp, 480,D.RA.C.T. OITY 5 COUNTY of OENTON, TEXAS SCALE 1" r 40' NOVEM9fR lf,1903 oRAPHIC SOALE IN FELT 1 i December. 20, 1983 CITY COUNCIL AGENDA JJ EM SUBJECT; Consider Authorizing $1 Million Utility Revenue Bond sale, SUMMARY; At the December, 6, 1983, Cityy Council meeting, the City Council recommended issuing $1 million of utility revenue bonds and directed First Southwest to have appropriate documents prepared and presented to the City council at their. December 20, 1983, meeting, Attached herewith are the necessary documents authorizing the subject bond sale, FISCAL SUMMARY Utility Bonds for, Water System 750,000 Uttlity Bonds for Sewer System g501000 Total Utility Revenue Bonds $1,0000000 Estimated Interest rate- 10%, 20 year serial bonds, ACTION REQUIRED: Approval or disapproval by City Council authorizing a $1 million utility revenue bond sale, RECOMMENDATION; The Public Utilities Board, at their meeting of December 14, 1983, recommended to the City Council approval of a $1 million utility revenue bond sale. Respectfully, R. E. Nelson Director of Utilities EXHIBIT I proposed bond sale documoot;; 2686U/16 1 CERTIFSCA7E FOR SN-F OPDTNANCE DIRIX7Tn'G Ta IS5UAF;CF OF NOTICE O ff' Im. STA'T'E OF TMAS t CO LM OF lonlcN Pb, the undersigned offtoors of said City, hereby certify an follcwai 1, The City Counoil of said City convened in af1(iUEAR FSEETINO ON 7M 201!1 DAY OF DECF7'9ER, 1983, a at thu constituted officers andgmaiii*rs and the roll Council, to-wit of tho duly called Charlotte Allen, City Secretary Richard 0, Stewart, Mayor Jac? Barton 04a Chew Dr. A. Ray Stephens Jim ries y Rlddlespergsperger Joe Alford and all of said per&ms were present, except thw following absenteesi , thus constituting a quOrum, qwreupon, among o r us ass, o av g was transacted at said Meeting, a written OrDINANCE DIPECTIN0 W ISSUANCE OF tk7TICE OF SALE OF BO" WAS duly introduced for the consideration of said City Council and duly reads, It was then duly moved and seconde~thatt said theme passage of said Odinance, pureva3led discussion, aand carried by ilhe following votat -Aid we voted "Aye". AYFSi sM1 rs hown esent of NOES, None, 2, !rat a true, hill, and correct cry of the aforesaid Ordinance Wze attached rt tlw Meetin described in the above and foneg,,f.r,q par ael, h i attached in tmd follows this Certificatel that said Ordipanal,a daly ssid City Cauncil'a minutes of said Meeting) that the above and foregoing miragraph is a true, fu11, and correct passaagi of said idOrdiniancoll t2at'the minutes of said Meeting persons danced the above an pertaindfoingr paragraph are the duly chosen, m qualified, and e aating officers and i paetor rtbere of said City Oa3ncil as indicated therelm and that each of the officers and n rbers of said City Conrail was duly and sufficiently notified officially and personally, in advances of the time, place, and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for eaage at said Meeting) aid that said Meeting was open to the publia, and ~ilio notice of ~ntimeopr c~ and purpose of said meeting was given, alpuas ro*drod by St, Article 625211. 3, itiat the Mayor of said City hat approved, and hereby approves, the aforesaid Ordinance) that the Mayor and the City Secretary, o said City of Heald duly aigned said Ordinances and that the Mayor and the City Secretary city hereby deolare that their signing of this Certiffiitl teShall c~ constitute Ordinance the aigning of the attached and ollowing copy o purposes. SVNW AND SEAIJD the 20th day of Decanter, 1983, Y ynr (SEAL) the t he City of being respectively tM City Attorney Texas, hereby certifythat~we and the Wnd Attorney prepared and approved as to legalib/ the attached and fallowing Ordinance prior to its passage as aforesaid. city Attorney + , ORDINANCE N0, ORUINANCC DIR."•.CTTP, T:IE ISSUANCE OF NOTICw OF SALE OF BONDS THE STATE OF TEXAS I COUNTY OF DENTON t CITY OF D£NTON t THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt 1. That the City Secretary is directed to iusue a Notice of Sale of Bonds in substantially the following forms OFFICIAL NOTICE OF SALE CITY OF DENTON, TEXAS $1,000,000 UTILITY SYSTEM REVENUE BONDS, SEItIES 1984 The City CO1110il 01' the City of Denton, Denton County, Texaa, will receive sealed bids at the Municipal Building, 215 E, McKinney Street, in the City of Denton untilt 7100 p.m,, Tuesday, February 21, 1984 for the purchase oft $1 000 000 Utility System Revenue Bonds Series 198.4, 0 o ate arch 11 1984, ancTto maCUr.o sera y December 1 each year 1985 through 2004, Sealed bids, plainly marked "Bid for Bonds", should be addressed to "Honorable Mayor and City Council, City of Denton, Texas", and must be submitted on the "Official Bid Form" to be made available by the City council prior the date of sale. 4 All sealed bids will be publicly opened and tabu- lated before the Council. Copies of the "Official Statement", "Notice of Sale", and "Official Bid Form" are being prepared and will be mailed to prospective bidders on or about January 31, 1984, and will be furnished to any prospective bidder upon request, by First Southwest Company, 800 Mercantile Dallas Building, Dallas, Texas 75201, Financial Advinora to the City, The City reserves the right to reject any and all bids and to waive any and all irregularities. By order of the City Council of the City of Denton, Texas, CHARLOTTe ALLEN City Secretary City of Denton, Texas. 2. That said Notice shall be published once in The Bond Buyer, New York, New York, which is a national publioatiou regularly and primarily carrying financial news and municipal bond sale notiossl and said Notice also nhall be published once in the "Denton Record-chronicle", which has been designated as the official newspaper of the City of Denton. Said publica- tions shall be made at least thirty days prior to the day set for receiving bids, - CERTIFICATE FOR OFtDINA1~E DIP17CT1m wE PUBLICATION OF NCTICC or WMnIoN TO ISSUE CITY Or DtMAJt4 VTM17Y SYSTEM P.LMVE BONDS, SE7 m 1984, _ 1N ra tMIMPi PRMCTPAL AMOCm or $1,000,000 I Tim STATE OF =w Om m Or D"k)" t CITY OF Damt tie, the undersigned officers of said city, hereby certify as followsl 1, The City Council of said City a+nvenerl in Kudi SWUtpAaR l,gTrar, CN ILME 207H DAY OF DEMBER, 1983, constit ted officers dgmem(City kers of lsaid"Ciity the roll coweil,~to-wilted of he duly Charlotte Allen, City %crotary Richard ~0,,nStewart, Mayor Mark Chew Dr. A. Pay Stephens Jyi Hopkins Joe Alford Jim Aid Riddlesperger and all of said persons were present, except the following absentee s at eupon, among o tier sae, `rfoT a+ was transacted at said Meetingi a written OFMKAMX7i DIAIYTMO THE PUBLICATION OF NMCE OF DREW M4 TO ISSUE CITY Or DMMIbN VrILITY SYSTEM MV114UE BONDS, SMES 1984, m m M%kxntsl PRINCIPAL Am", or $1,000,000 was duly introduced for the oonsideration of said City Council and duly read, it was then duly m ved and seconded that said Ordinoce beopassed) ad, after due discussion, said motion, carrying with it the Waage of Ordirmco, pre,failed and carried by the following vote, AYE51 K11 members of said City Cowall ME81 tkve. 2. That a true, full, and correct copy of the aforesaid Ordinance passed at the Neeting described in the above and foro~oing paragraph is attad*d to and follows this Certificatel that said Ordb'AA-e a been duly recorded in min the said fort ~dagvaph iiouncilt 4, (full, and correcttenxccatptafram saiidvCitydCouncil eg minutes of said Meeting pertaining the passage of said Ordinancel that the persons named in the above and foregoing paragr h are the duly chosen, qualified, and acting officers and maebars of said City Council as indicated therein) and that each of the officers and wades of said City Council was duly and suffiotently notified officially and peracnatly, in advance, of the time, place, and purpose of the aforesaid matting, and that said Ordinanos would be introduced and considered for passage at said Maetingt and that said Meeting tome open to the public, and Iic mtica of t tima,,plac, and purpose of said meeting was given, a1 as required by St. Article 6252-11. approves, the 0 said 3. That the Mayor of said CiTarA st ctmd qty have aforesaid Ordinaneel that the Mayo y of said duly shererby decdlarOrdinancel and ee thAtt their signtinghe f Mayois CCerttificat~e shall constitute the signing of the attached ani following copy of said Ordinance for all purpoaesI SIGNED Nib srAIM the 200 day of •tombar, 1983. city .retary yon (SEAL) he, the undersigned, being respectively the City Atto &id the sond Attorneys of the City of Denton, Tibw, hereby certify to pfor red its approved as to legality the attact,ad and follwing Ordinance pr passage as aforesaid. ~i Eorntys ORDINANCE NO,83 - ORDINANCE DIRECTING THE PU3LICATION OF NOTICE Of INTENTION TO ISSUE CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1984, IN THE MAXIMUM PRINCIPAL AMOUNT OF $1,000,000 THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, the City Council of the City of Denton, Texas, deems it necessary and advisable that the bonds hereinafter desoribed be authorized, issued, sold, and delivered, THE COUNCIL OF THE CITY OF DENTON ORDAINSI That the following notice shall be published in the "Denton Record-Chronicle", which is a newspaper published in, and having general oiroulation in, the City of Denton, on the same day of each of two consecutive weeks, with the date of the first publication to be at least two weeks prior to the date upon which the City Council intends to pass the Ordinance described in the following notices "NOTICE OF INTENTION TO ISSUE CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1984, IN THE MAXIMUM PRINCIPAL AMOUNT OF $1,000,000 Notice is hereby given, in accordance with Article 2368a, Vernon's Annotated Texas Civil Statutes, that the City Council of the City of Denton, Texas, intends to pass, at a Regular Meeting to be held at 7100 PM, on February 21, 1984, at the City Hall, an Ordinance authorizing the issuance, sale, and delivery of an issue of bonds, to be evidenced initially by a single fully registered bond payable in installments, but convertible into definitive bonds in multiples of $5,000, to be designated as "City of Denton Utility System Revenue Bonds, Series 19841 in the maximum principal amount of $1,000,000, to be secured by and payable from a first lien on and pledge of the "Pledged Revenues", which "Pledged Revenues" include initially the "Net Revenuas" of the "System", with said "System" initially consisting of the City's entire existing combinod waterworks, sanitary sewer, and elaotrio light and power system, all as will be defined and provided in the aforesaid Ordinance, Said bonds will bear interest from their dote at maximum rates not to exceed fifteen percentum per annum, will be soheduled to mature aerially in installments within a maximum of not to exceed thirty years from their date, and will be subject to redemption prior to maturity, and will have such other and further oharacteriatios, as will be pro- vided in the aforesaid Ordinance. Said bonds will be author- ized, issued, sold and delivered pursuant to Articles 1111b, 1112, 1113, and 1114, Vernon's Annotated Texas Civil Statutes, and other applicable laws, for the purpose of providing money for improvements and extensions of the aforesaid "System", CITY OF DENTON, TEXAS" December. 20, 1983 CITY COUNCIL AGENDA ITX1-1 SUBJECT: Consider. Quitclaims And Ordinances For, Abandonment of Two Easements For. 40 Aore Tract From J. D. Lilly Surveyy Abstract 762 And The William Lloyd Survey, Abstract owned by Denton Four Joint Venture. SUMMARY We have received a request to issue corrected easements on this property and abandon the existing easements, Tile existing easements were originally given to the City by Mr., G. H. Neeley and wife, Thelma G. Neeley, of Dallas, Texas, on June 14, 1954, By current surveyy of this property, the location of. the easements in relat o inship to the existin sanitary sower main are incorrect. Thorefk)re, we recommend that these onsoments be abandoood and corrected easements executed. FISCAL SUMMARY. N/A. SOURCE OF FUNDS N/A. RECOMMENDATIONS; 1. The Public Utilities Board recommends to the City Council the abandonment of the incorrect easements in relationship to the "as built" sewer, line through execution of quitclaims. 2. The Board further recommends that the City Council adopt the corrected easements in relationship to the "as built" sewer line. Respect 11 R~Nelson Director of Utilities EXHIBIT I Location Maps (2) 11 Ordinances (2) 111 Corrected Easements (2) 2686U/18 r NO. AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A UTILITY EASEMENT WITHIN THE CITY OF DENTON AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED CONVEYING ALL RIONT, TITLE AND INTEREST OF THE CITY IN SAID EASEMENT TO THE OWNER OF THE TRACT OF LAND CONVEYED BY SAID EASEMENTI AND DECLARINO AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, acting pursuant to law, and upon the request and petitidn of the grantee herein, deems It advisable to abandon and convey the hereinafter described tract of land to grantee and is of the opinion that said utility easement is not needed for public use, and that same should be abandoned and quitclaimed to Denton Four Joint Ventura, as hereinafter providedt 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 anandoning and oonveying the same to Denton Four Joint Venture, for the consideration hereinafter more fully set fortht now, therefore, BE TIC ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTONi SECTION I, That the following described tract of land in the city of Denton be and the same is hereby abanooned, vacated and closed insofar as the right, title and easement of the public are concarnedt All that certain lot, tract or parcel of land lying and being situated in Denton County, Texas, being out of the J. D. Lilly Survey, Abstract No. 162 and being out of a certain tract of land conveyed to Joe Betew by deed dated December 12, 1981 recorded in Volume 1116, Page 129 and deed to Tom D, Jester, Jr, dated September 16, 1983 recorded in Volume 1248, Pape 915 of the Deed Records of Denton County, Texas, conveyed to Denton Four Joint Venture, recorded in the Deed Records of Denton County, Texas, and being more particularly described as fbllowet BEGINNING 325 feet north of the southwest corner of the Neely tract, said southwest corner also being the southeast corner of the John W, Mozingo Addition to the City of Denton, Texast THENCE north along the east line of said Mozingo Addition 20 feet to a point for a cornett THENCE east 251.3 feet, a point for coennrt THENCE north 162.1 feet, a point for corner, said point being in the south line of a sewer easement heretofore granted by G. H. Neely and wife in 19521 THENCE east 20 feet along said soutn line of said prior sewer easement to a point for cornett THENCE south 182,7 feet, a point for cornett THENCE west 211,3 feet to the place of beginning. SECTION 11. That the Mayor and City Secretary are.nereby authorized to execute and deliver that certain quitclaim deed attached hereto II I I ' I and incorporated her a in conveying said utility easement described therein to Denton Four Joint Venture, SECTION III, That portion of the puolio utilfty easement herein oesortbed being vacated, abandoned, and closed Is made subject to all existing zoning regulations and deed restrictions, if any, and Subject to all existing easement rights of others, if any, whether apparent or not, SECTION IV, This ordinance shall take effect and be In full force and effect from and after the date of its passage, and it is so Ordained, PASSED AND APPROVED by the Ctty Council of the City of Denton, Texas, this the day of December, 1983, RICHARD 0, $RT, FOR CITY OF DENTON, TEXAS ATTESTi MARLOTTE ALLEN, CITY SECRET-M CITY OF DENTON, TEXAS APPROVED AS TO LEGAL TORMI C, J, TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS ti BYi PAGE TWO THii STATE OF TEAM. s11 ICE:.tcS~u+hLEU~.yE:~2' COUNT%' of In aryl lnr s' l Corny, Taros, "n ini, d., t' peino nn'.')' aPpasttd ' known to me to be the person who.xe none subsnll,ed to the feregolne instrumenl, and oekAmv w,,ol I, no Cret he eaeeuted she lama for the purposes and Cnnsidesatlon therm expreued• OIYEN UNDER ,hl}' iIA,ND A\'D SE.IL OF OFFICE,'ihis L.S.y day of A•U 19 \nmy' Public, My Commission E.rptie June L 11, Couny, Torras THE STATE OF TEXAS, SIN: oLE r1Cli\0R'LEDG,IIE,\T COUNTI' OF ` in BEFORE MF. Q, undersigued authority, and for laid County. Texas, on this dap poi snnally opoea7ed known to me to be the persop whose nome he executed the same fnr the purpases and l4lucribed thuehn #xpteesed•ImtrV men4 Md of knoe'IlJOCd tome that OIVRN UNDER 'Nil, IIAND AND SEAL OF OFFICE, This (L.SS day of ,A. b. ID... Notary FubIIC. %I,, Com minion I-- June 1. 19 County, Te.ms THE STATE OF TEXAS coH''oK,1Tto +c[cvo1+'LEValIv"gT COUNTY OF,.., "NTON__... IIII BEFORE JIE, the undersigned Authority, In and for mid County. Toast, on this day personally apPearsd.., Riahard S Stewart.,,,,yla,yor,. oF,_the 4 name penb'd th whore name I! f.,.ubseriMd 6 u the forepolnr Imuumat And cknowtedrid to me that the lame war the of the at •.known to me to ih the Pe Arson and Odlettr tY..a~..pan o.nr...Teaasl a.114.41otp.o? R eorPo , an, and that he executed the same to the act of such eorporitlon foi t a eapuued and In the capacity therein stated. purposes and cohrideratlon therein OIVEN UNDER MY NAND ANU SEAL OF OFFICE, ILS•1 , A.D. SA....._ Notary , County, Teau NY Commblfon Ezolra June 1, 19..,. ' THP STATE OF TEXASr CLERK'S CERr1FWATE COUNTY OF I Counly Clark' of the day County aid County. du hereby rertl! that of Y the totegolnlt In~~~ ~un 11, of A, bCounty Court of ! on' w tad on the d In my etRee on the day of. sment of wrlBn daas filed for raper , with fn CersfReate 01 AutheadeaN Maide W r..,...... A. D. 19 at. o'eloek 11., and duly day o! A. D. 19......, eh, o'clock bf„ In the WITYE59 ll•.... Reeomil of Said county, in Volume. Y HIND AXE) SEAL OF THE COUNTI' COURT of Bald County, at office ln. ' en page!... . III day and rear Inst nbavo wrlllen, (L S,) County Clcrk. Coumri Tom"' I ~ tl f ~ I q i N ~I Q ~gJ~ IBS ~ z F xi ; i I f.H ri !S o f x °i I g ° is, 1,0 oil i I > I. y ' ~ art ,mss t THE STATE OF TEXAS, ! KNOB' ALL MEN 13Y THESE PRESENTSi COUNTI' OF DENTON I That The City of Denton, Texas, a ,Municipal Corporation i +I i. II ' q of the County of Denton end State of loxes ; for And la consideration of the sum of 'E ~i ---^-----«---------TEN AND N01100 (510,00) !i and other good and valuable consideration 'DOLLARS, to i t in hand paid by Denton Four Joint Venture of the County of Denton and State of Texas the rrceipt of wlsieh (l I' is hereby aoknowlsdged, do, by these presents, 1100ALI', SELL, RELEASE, AND FOREVER QUIT CLADf unto the said Denton Four Joint Venture, its successors tsekxand assigns, all its right title and Interest in anu to that certain tract or W. I!If li cal of land lying in the County of Denton and State of Texas, deorlood As follows, ih lawitt j All that certain lot, tract or parcel of land lying and being actuated in I~ Denton County, Texas, being out of the J. D. Lilly Survey, Abstract No,i; 762 and being out of a certain tract of land conveyed to Joe Belew by deed dated December 12, 1981 recorded in Volume 1116, Page 129 and dead to Tom D. Jester, Jr. dated September 16, 1983 recorded to Volume 1258, Page 915 of the Deed Records of Denton County, Texas, oonveyed to Denton l~ Four Joint Venture, recorded in the Dead Records of Denton County, Texas, ~I and being more particularly described as follows) i BEOINNINa 325 feet north of the southwest corner of the Neely tract, said gI: southwest corner also being the southeast corner of the John W, MOzingo, Addition to the City of Denton, Texas) i iI THENCE north along the east line of said Mozingo Addition 20 feet to a point for a corner) i THENCE east 251,3 feet, a point for oornarl THENCE north 162,7 feet, a point for corner, said point being in thap. PPPkij south line of a sewer easement heretofore granted by a. H, Neely and wife]; IdIjf in 1952t FII THENCE 'east 20 feet along said south line of said prior sewer easement toil NNRR~I a point for corner) THENCE south 1820 feet, a point for corner) I!IIi II lil 111 hfj THENCE west 271.3 feet to the place of beginning. i; TO HAVE AND T6 HOLD the uld premises, together with a And sin r guler the rights, pHvi- ]ages and appurtenance thereto In any manna belonging unto the Bald Denton Four Joint Venture, its successors *ams and assigns, forever, so that neither the Grantor the said the City of Denton, Texas, a Municipal Corporation, its successors nor lyha * any person or persona claiming under it shall, at any time hereafter, f i I' have, claim or demand Any right or title tc the aforesaid premises or appurtenances, or Any part there. ;I j Of. WITNESS our hand At this day of A. D, 19 Witnesea at Request of Orantort CITY OP D NTOPJ,._TSF.AS _ ATTEST) $Yt RICHARD 0, STEWART, r1 YOR N0, AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A UTILITY EASEMENT WITHIN THE CITY OF DENTON AND AUTHORIZINO THE MAYOR TO EXECUTE A CITYCINISAID FEASEMENT Y TO O THE L OWNER TOF THE TRACT OF INTEREST CONOF THE VBYED BY SAID EASEMENTS AND DECLARING AN EFFECTIVE DATE, WHEREAS, the CltY 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 oonvsy the hereinafter described tract of land to grantee and is of the opinion that $aid utility easement is not needed £or public use and that same should be abandoned and quitolaimod to Denton Four, Joint Venture, as hereinafter providedi aad WHEREAS, the City Council of the City of Denton is of the opinion that the best interest ana wolfaro of the public will be served by abandoning and conveying the same to Denton Four Joint venture, Jor the consideration hereinafter more fully set forth) now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTONI SECTION I, That the following described tract of land in the city of Denton be and the same is hereby abandoned, vaoeted and closed Insofar as the right, title and easement of the public are concernedi All that certain lot, tract or parcel of land lying and being situated in Denton County, Texas, being out of the J. D. Lilly Survey, Abstract No, 762 and being out of a certain tract of land conveyed to G. H, Neely by deed of record in Volume 150, Page 32S of the Dead Records of Denton County,, Texas and conveyed to Denton Four Joint Venture, recorded in the Deed Records of Denton County, Texas, and being more particularly described as follows, SEOrNNINd at the southeast corner of the tract conveyed to 4, H. Neely by the deed recorded in Volume 150, Page 325 of the Deed Records of Denton County, Texas, sr.id southeast corner being 25 feet, more or leas, north of the southeaut corner of the j. D. Lilly Survey, Abstract No, 762 THENCE north 1200' east S46 feet along the stet boundary line of the above mentioned tract to a point for cornea , THENCE north 7800' west 700 foot, more or less, to a point for corner) THENCE north 1210' east 900 feet, more or lose, to a point for corners THENCE north 18620' west 300 feet, more or less, to a point for corner, same being in the south boundary line of the Texas 6 Pacific Railroad right-of-ways THEI;^,E 20 feet along said right-of-way in a soutnwesterly direction to a point for corner, THENCE south, '9620' east 300 feet to a point for cornea 1 THENCE south 1200' west 920 feet, more corners or lees, to a point for THENCE south 7800' east 700 feet, more or less, to a point for corners THENCE south 1290' west corner s $26 feet, more or lees, to a point for TbounHENdaCe 20 feet In a northeasterly direction along the south ry line of said tract to the place of beginning, S CTT N I1, That the Mayor and city secretary are hereby authorized to execute and deliver that certain quitclaim deed attached hereto and Incorporated herein conveying said utility easement described therein to Denton Four Joint VAnture, SECTION III, beingh a atetionabof the andonedubl d utility subject aesibed osto sin emade heroin all existing zoning regulations and dead restrictions, if any, and subject to all existing easement rights of others, Sf any, whether apparent or not, SECTION IV. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained, PASSED AND APPROVED by the City Council of the City of e Denton, Texas, this the day of December, 1983, XI CHARD TWR , CITY OF DENTON, TEXAS i ATTEST, N, ;M~ MME CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMi C. J. TAYLOR, OR,, CITY ATTORNEY CITY OF DENTON, TEXAS By t ~ f PAGE TWO , .I THE c1'A'I`E OF TE.IAS, KNOB' ALL UEN BY 'T'HESE MS>rNTS4 COUNTY OF DENTON I That The City of Denton, Texas, a Municipal Corporation of the County of Denton sad State of Texas for and in 03Wderskloa of the sum of ppND NO/}QO I$ 0,001_.«..._.DOLI.ARS and other good and-valuable cons, e,rat on to it In hand *d by Denton Four Joint Venture of the County of Denton and State of Texas the reoslpt of whlah is hereby acknowledged, do, by these presents, BARGAM SELL, RELEASE, AND FOREM QUIT CLAM unto the said Denton Four Joint Venture, its successors ' 3udsiud "sips, all its right title And interest In and to that (:ertafn tract or Par- -01 of land )Ang In the County of Denton sad State of Texas, described as foilows, AlI trihat certain lot, tract or paroal of land lying and' being situated in 1 Denton County, Texas, being outs of the J, D, Lilly Survey, Abstract No, 762 and being out of a certain tract of land conveyod to 0, H. Neely by deed of record in Volume 150, Page 325 of the Deeo Records of Denton County, Texas and conveyed to Denton Four Joint Venture, recorded in the Deed Reootda of Den"on County, Texas, And being more particularly described as follows, BEGINNING 'at the southeast corner of the tract, oonVeyed to 0. H. s; iNesly by the deed recorded in Volume 150, Page 325 of the Deed Records of Denton County, Texas, said southeast corner being 2$ feet, more or less, north of the southeast corner of the J, D. Lilly Survey, Abstract No. 7621 p THENCE north 1210' east 566 feet along the east ooundary line of the above mentioned tract to a point for cornerl THENCE north 7810' west 700 feet, more or Seas, to,a point for oornari I THENCE north 1210' east 900 feet more or less, to a point for cornerl THENCE north 18120' west 300 fleet, more or less,' to a point for Ieornar, Same befing in the south boundary line of the Texas i pacific Railroad right-o-ways THENCE 20 feet along said right-of-way in s southwesterly direction to a oint for cornert THENCE south 18°20' seat 300 fast to a point for cornerl THENCE south 12.0' west 920 feat, more or leas, to a point for cornerl THENCE south 78.0' east 700 feet, more or lass, to a point for cornerl THSVCE south 1210' west 526 feat, more or lass, to a point for cornart THEtICE 20 feet in a northeasterly direction along the south boundary line of said tract to the place of beginning. TO HAVE AND TO HOLD the eald prowls", together with al and Singular the rights, print. j lop" sad ippurtenatoo thereto In any manner bdohgbg unto the said Danton Four Joint I! Venture, its successors {fi A" and eaelpm, fororer, so that neither the Grantor the "Id !I City of Denton, Texas, a Municipal Corporation, its successors s nor xb icesn st any person or P"i"A "velar under it shou, at say tuns hereafter, hare, claim or demand any right or title to the aforowid premix" or appurt"Aner, or any part there Of. WITNESS our hand at Denton, Texas this day of 9! A. I), 19 Witnesses it Request of Orantorl CXTY OF DENTe .TEXAS ATTEST, BY, RICHARD 0, STEWART EIERW.O?_~_t'£_~_ {tt,ENr-u6-4~PY~9EL~RETARY-'- - - r_r~~sA"'~+!-s~'Y^Re tlf~laf®e'ae-+"aYN,- ...5}+Vl Nt ~~+(rl KOM MIMIT IV MISTIMI E'AsFPe1t1' R ~ C''.', i° 'i ..ICI + T!": ^,i!, Y(•o1'i, 611(', d'P0,I'!., Hn f!C.el,y, nr U:111us CIA' 1y, f1r rnl) to c~ns!(!cl'c11nn or tlw hrnofit l +;I:ic1 ol'! en!•",+ I~ n"11 °rn"crt" (tj- in Y01, 13P, o J^+, "r tHc cord ,^,vcor4s of UCntnr Count!', 'loa(,s) y tJ,v cur:iruction, lnstollnlinn ;:nd a1!nt•:u:.nco f tl anni. t(ury sewor linv tl~rnu-•1• tlw abwu "Q~'141ina(1 nrupert;' 1110 For tllo rurt!'tr cnnsido'ration of 1t01; 11110+4((1 to !lope ono cannecltoll for nrlu 4!:re11111'. un!t +rtth 1u0!' 9n•:er lino 1r;;.lc;- 1s to '1o constr'10t.. (I, 1 n.tclIod0 and (III iltlAl iq*d `+y the C(1; of DO!Itl, 1a Ta.1m , n ;un'ci"nl Cor•or:+tlnn1 (!o ):o^oh,' ,-ire r.ntI ^1•I+nt to th said vzt,' of Dorton, i^ous,a0 a !:unicIpnl Cor.-o,•ntIon, the rI 1t to canstru01 .install z,nd nor,,etnal.l,'.• r!ninta(II :.nd roconsiruct n sn:iIt:r:• so'.rov lino in and nn(lor the follow! :I- d.cscrl't:d tr of of 1^nd, to-wits All that co1• atn• lot, trnot nr nnrcel of land lyint- and *lnin•' sit:!:.trd In twltol! Col!nt:•, bo'n° art of t:e a,n, +il' Iurt c ^ t by dyed of rvcnr:io Vol. 1.CO' "n-o 3e,i of tho 7eod 1 of N.1tall Cnanl ",4 { J, "Ile, 'dill.}: i1ore ~:,1't- iculz.rl d ascri;tad as fohota;ll $L''^•T:" r;n at the Sout7tcast corny of t'ho tro''t com,o,+od to C,", 1!c01y ')s, the (!cod recor(lod in Vol, 1.10"a^a 325 of 1:10 L)gA,l ';oanw'a or Dalton Cn)UlttV, 'Pea e-, said Southeast corner h'ain~ ':S f.+et :;pro 1r lou, rortl: of tho zo:t,• o; c0rlt:r of tltr *'n ' \o, 76 c ;fort:' 1 de°ros U !1 ?nst ••~nd:•r., line n' n1 ;ynutos °r,a} 1,IC plane tl:c e n,o : on,inn:(' troet to a point for curnart !!ort; 1, de-re n r ;oot 700 f.'ot, rlovo or to a >inl' for C'mInCrt T?!ortll 19 do rovti 0 ;:inutos •.nst P40 fc: -!oro o'r leas, (o r, "+oir.t for coruari 7:"•',Cl: Yurth 18 6o-re,is ~0 '1+n,lton 'coat 360 Port, nnro nr le.,:, to n -ol•it tr to1*n^1', !'r"f: t(•t n" IC. t11n •,llth yminA:n;' lino nt' tlto f'uci: is row) f T:'1`'r+; 2n feet ulna- rlttf+ r.n,lr, (n a Sc'(thw*>ltorly direction to a n int far cnrnort NC;! ~061jl!1 1' 0(1 rroa :n inu}c,1 ;:?t 000 1700 to a noLlt far cor+ert I i'i':°•:(' South 1? do u f Vinu!:r "o:lt OaO, foot, nlore UI• IC V., irl it ••i, j!'}r,'nl' Cnrn''1'! 01. , iwit" l ~'1G 1',••~t, ..,,~,p t ''t l: .t,Lt., .Ill,, ,jinn ulnn^ t''e Si+'111, heIIn1L1`1' ltnr `I 101111.. t+';•ct to the ^tooo )f t'..'•~ nn 1117', i I 1t is's++aclfiCUily Iin dn"u Mod r,nrl n rood h;• And hotwoon t+`c'„r.-ntnr~ +n,l ^1'I'•glc'3 hCr(•In that t,? ahot'o nontlonad eo':ier Cnn9uC;!'I,Y a~lr•11 •t; UG,dL ^CCAI'i',!11 t t!ie 1'J11Cii111!(I the CI,ty of !lc:itrn s`,nll C91l'itwoct a riser 1,1,01 sold scwor lino at its V,n -1J'mltnrn e:o:Cnsc 30 t11.".1 lSr? said ling rnt::11 ;+o -cca.~+!ltlui t their I+o'_rs nr ass+;ns sho.11 construct at t1`oir own exnanja the lwtorr l se`iar '_ire frwi snid risov to thv At the (Into of tho elocution of this inetru'nent, ile +trnv+orw in whioil the Clt1' of 15ontoll shall h1we ntoh enao^eltt i,s loor.tod 0011-10tely withnat the Cor;~nrr,to li:+its of the City of nonton and it is hare. 1 tt: snecifJcall;t understood ^nd a.~roed that if and srUeu such tract of the ^rantovs is amtoxod and nada o `:r•rt of the Cit:, of Dentem, thou the ^rcntnrs, tl;eir, heirs or nssi^ns shell have all tho ri-71tts and ~rivile:!o.a In rorarC to the oi)VAnin, e: utilities as an:' okl;or citizen of the C4 t;` and the Si itoNon 11 oraln Af oarly (,no connecti'r+t with s el~ sowor in tho entire kract 0,111 he of 'no force and effeot, if nt env tir,ls during the life of this oaseclo'at, it is necossar° for 0o C(t to enter' on sold tract to rennir or nai.ntain acid mw line, the CLty hereby a-rees by the acconlance of t1'is easedent, to le:.va the nronisos in ;ood a+.dittnn (,nd as nonr lil(a it 'ms '1014ove guy to-airs ~ihlo. tie ('e :1:1 dti a5 is rAa.+ V, 70 ALi! 1"' nhCvC dc.<cri!r:d :reu!s:s -.44) Inn t+!i the s11ne slit It 'y0 used for sanit:.r' 4e,;er ^vn^os~A, e,nto thJ lnld f Ctt; of Doilton, Te:(ns, n ;;unici;tc,! Cow^ot'alion and its voccossors I in office. i~I NV , A. 1).j toil. {7Fti"'.i'i 1t' hand th4l"; C.C dn;• of i A r~ ✓ Irl . r 1 N' , 1 ` y. iN ' y N \ , del 1 N„ A ~ wQ 41 P ~ S. r• 1 r--- If~ flIMOP 4M I N 11r wl ltv p .+4 v4, 11o h, ~7! r y i yr~ It~ ~I 44 I li..• ill I' ` 1 ~ 1. ,14l1 141. rA I, o'II A ;1 Ii ~ ~dtp 1 I I N _ ~ Mt ~C . N . . 1 R 1r ' 1 1 l 1 `h M II + 1 y11iE 1 ~l al 1 j o~i I I~' l I I I lY~ ~ 1111 i 7 yl1 N ~ 1 I W l 1 { •111 A } Y M' „6t i40 N I JJ11 I j nl J 1411 • Sv Imo, 1 i C, F. EIAL.L,A80 b AS80CIATIM, INC, , R906ISTERIO CIVIL ENOINIERS 6 SURVEYORS 414 No"A 11YON ,MONO oil, lot 0106 . U&NTON. TixAB 76201 i 16 Nomaber 1903 FIELD MOTES TO A uT1LITY EASEMENT IN THE JI 0 LILLY $(WHY, ABSTRACT 762, A110 1'1if.111LU AN (LOYD $011YV , A8STAACT 773, CITY AND COUNTY OF OENTON, TEXAS, All that twain tract or parcel of land situated In the J 0, Lilly Survey Abstract 762, and the WI IIlam Lloyd Survey, Abstract 773, City and County 0> Ocnton, Texas, being the same 3 tracts desdribed In a deed from Bishop Neely to 0. H. Neeley roocrdad in volume 190, Page 325, Deed Rooords of $aid County, and boino morn fully described as follovisl COIV•IENCIMiat the Southwest corner of said First tract at 4 R•tie corner post 01 the North boundary line of Lattimore Street at the Southeast corner of Lot 18, Block Six of Mozin o Subdivision No, 2 as shown by the Plat recorded' in Volume A, Page 8, Flat Records of Denton Countyl THENCE d. 0° 19' W witn the t'ast boundary IIne of the t"ozingo Addition d distance of 309,74 foot to an iron pin at tho Point of eaginningl THENCE N. 00 19' W. with tha East boundary line of Mozingo Addition a dlswco of 20,0 feet to an Iron pins THR U S, 890 58' 02" E, a distance of 257,69 feet to an iron pine THENCE N, 41 32' 16" E. a distance of 171,36 fcot to an iron pine THENCE S. CB° 24' 45" U, a distance of 20,12 feet to an iron pins THUICE S. 40 32' 15" U. a distance of 191,99 foot to an iron pin; • THENCE 11. 890 58' 02" W, a distanco of 276,06 Not to the Point of Beginning r/ Jd I i~ ` 4 !I • 1 MINUTES PUBLIC UTILITIES BOARD December 14, 1983 Members Present Chairman; Roland Laney, Edward Coomes, Marvin Loveless, Leonard Herring, Nancy Boyd R. E, Nelson ,tatfi E. Tullos, Charles Cryan, Joe LaBeau, Bev Little, Suzanne Wright, Kim Gregg Others; Jon Weist, Denton Record Ohronicle, Tom Sanders Absenu; Chris Hartung 10 CONSIDER MINUTES OF PUBLIC UTILITIES BOARD MEETING OF NOVEMBER 14-19; Herring, serving as ha rmari prior to aney's ater arrival, called for a motion on this item. Coomes made a motion that the Minutes be accepted as written, second by Boyd, four ayes, no nayes, motion carried. 2. CONSENT AGENDA; A. Consider Texas Public Power Association Invoice for 1984 Membership Dues. B. Consider Quitclaims and Ordinances for Abandonment of Easements for 40 Acre Tract from J.D. Lilly Survey, Abstract 762 and the Wm. Lloyd Survey, Abstract 773, owned by Denton Four Joint Venture. C. Consider Final Payments for Construction and Engineering Services for the Wastewater Treatment Plant, Hickory Creek Lift Station and Interceptor Lines. D, Consider Final Change Order #5 for Time Extension of Contract "B", C-48»1188-13, Hickory Creek Lift Station. Nelson briefed the Board on these Items, during which Laney entered and assumed the Board's chairmanship. After a bri.of discussion by the Board, Loveless made a motion that the Board recommend the City Council approve the Consent Agenda with the stipulation that his personal reservation with regard to Item 2A, Consi.dec Texas Public Power Association Invoice for 1984 Membership Dues", be recorded to the Minutes. Second by Coomes, five ayes, no nayes, motion carried. 3. CONSIDER WATER AND SEWER RATE ORDINANCE; Nelson Introduced this Item by po nt ng out t aE-707Tbert and Associates had Incorporated the changes requested by the Board at its last meeting on the topic of water rates. Nelson added that he anticipated a joint public hearing on the rates by both the Board and City Council on January 39 1984, with impol enttation198of the new rates to occur about December, 20, 1983 CITY COUNCIL AUENDA ITNN SUBJECTi Consider, Amendment Of Ordinance For Street Light Pro-Rata Charges. SUMMARYI This ordinance requires that the average current cost for. street lights to be paid for by developers be determined serui-annually by the Public Utilities Board. Too costs have increased for the metal typo due to material cost and decrease slightly for, existing and now wood pole types due to use of smaller crews. FISCAL SUMMARY The costs are paid for by developers for lights Installed by the City under the pro-rata ordinance. Future operation and maintenance costs are paid by the general government through the rates charges for energy consumption. The costs are as follows for sodium vapor sights: 11/82 Cost Current Cost 100W Metal Pole (db) 1730.00 $846.43 250W Metal Pole db 785.00 $927.52 250W Metal Pole AB 995.00 $1,197.63 100W Existing Pole 225.00 163.30 250W Extsting Pole 285.00 244,39 100W New Wood Pole 535.00 486.65 25OW New Wood Pole 585,00 568.74 ACTION REQUIRED: Approval of the average current costs for use in charging developers for street light installations. RECOMMENDATION The Public Utilities Board, at their meeting of December 14, 1983, recommended to the City Council that the proposed current costs be approved. Re arda C E. son Director of Utilities 2686U/13 RECOMMO DATION. The Public Utilities Board, at their meeting of December 14, 1983, recommended to the CiGy Council that the proposed current vosts be approved, Regards, R, E, Nelson Director of Utilities t 2686U/14 NO, AN ORDINANCE AMENDING SECTION 25.24 OF CHAPTPA 25, OF THE CODE OF ORDINANCES OF THE CITY OF DENTON$ TEXAS BY DELETING THE PRO- VIBION FOR DETERMINATION BY THE PUBLIC UTILITIES BOARD OF COST TO BE.CHARGED FOR INSTALLATION OF STREET LIGHTING) ESTABLISHING COSTS TO BE CHARGED FOR STREET LIGHTING SERVICES) PROVIDING A SEVERABILITY CLAUSE) AND DECLARING AN EFFECTIVE DATE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINSI SE TyC ION X. That Section 25-24(b) of Chapter 12 "Street Lighting Ser- vices" is hereby amended to read as follows) "(b) The owner shall provide satisfactory easements for the construction and maintenance of the facilities to be installed and pay for each street light to be installed. The City of Denton will invoice the owner an6 the owner shall Pay the invoiced amount prior to the construction of the facilities. The cost to be paid by the owner for street lighting aervices shall be as follows) Sodium Vapor Lights Size Pole Cost 100W New Metal Pole (db) 8 846.43 250W New Metal 7010 (db) $ 927.52 25OW New Metal Pole (AB) $1,197,63 100W Existing Pole $ 163.30 25nW Existing Pole $ 244.39 100W New Wood Pole $ 48b,65 250W New Wood Pole $ 565.74" SECTION IT, That Section 25-24(d) of Chapter 25 u£ the Code of Ordinances of the City of Denton is hereby repealed. SECTION III, That f any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any parser; s: circumstance is held invalid by any court of competent Joe adiction, shah holding shall not affect the validity of the remaining portions of this ordinance, and the .City Council of th6 City of Denton, Texas, hereby declares it would have anacted such remaining portions despite any such invaliGity. SECTIO:J TV, This ordinance shall become effective immediately after its passage and approval. PAGE 1 PASSED AND APPROVED this the day of 1983, N D FT-9-WMM-eRXM CITY OF DENTON, TEXAS ATTESTt CHARLOTTE ALLENi CITY ;W" CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J, TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BYi Zk\ Zle)l PAGE 2 Cr, an concluded his presentation by repeating that both the waM and sewer, rate increases seemed absolutely necessary, and that, in the case o.; sewer rates, the increases were barely sufficient to cover operating costs. A general discussion followed, after which Herring made a motion to amend the proposed ordinance, Schedule $7, to show a facility charge of $2.25 per month within corporate limits and $3.35 outside corporate limits, and to further amend the volume change to be 6500 gallons per month. Second by Coomes, four, ayere, no nayes, Boyd abstained, motion carried. Chairman Laney then called for, a motion to recommend the City Council adopt the proposed rate ordinance with the following additional amendment: W4- to be amended to reflect a facility charge that varies with meter size. WT- to be amended to require a $15 facility charge for an 8' line 1and a $9 facility charge for, a 6" line. That the Sewer Ordinance be amended to allow for a consumption charge bused from sewer meter readings and that the associated facility charge be $1.60 per month. That the ordinance in general be amended to exclude the theft of service section on page 37 of the ordinance. That the ordinance be amended to include a metered fire hydrant tariff schedule.. Herring so motioned, adding that the Board request a public hearing on the rate ordinance on January 8, 1984, in ,joint session with the City Council. SECOnd by Loveless, four ayes, one naye(Boyd), motion carried. 4. CONSIDER UTILITY DEPARTMENT BOND SALE: Nelson briefed the oar on this tem. Love teas Ea de a motion that the Board recommend the City Council adopt the proposed bond ordinance. Second by Boyd, five ayes, no nayes, motion carried. 5. CONSIDER ORDINANCE PROHIBITING ELECTRICAL RESISTANCE HEATING: Nelson briefed tits oar on this Item. A>~ genera discussion, Herring made a motion to table this Item pending further reports from Staff. Second by Herring, four ayes, Loveless, naye, motion carried. 6. CONSIDER AMENDMENT OF ORDINANCE FOR STREET LIGHT PRO RATA CHARGES: Nelson ntro uce 'Eh is item an Mar a r e 3r.sscu"sson by the Board, Coomes made a motion that the Board recommend the Council adopt subject ordinance. Second by Herring, five ayes, no nayes, motion carried. pv c3 ,m ~vJ CITY OF DENTON CITY COUNCIL AGENDA REQUEST FORM* DATE OF CJ.TY COUNCIL iUEETINGs December 20, 1983 ITE4 TO BE PLACED ON AGENDAo 1. Word item exactly as it; is to be placed on agenda. Include any Advisory Board Recommendation 4. 2. List, backup-materials (ho be submitted no late- than 10t00 a.m. Thursday, prior'to the council meeting.) 3. State the order in which the item needs to appear on the agenda. 1. Approval of Proposed Fees and Charges for the Use of Parks and Recreation Facilities and Programs 2., Park Board Approval Staff Recommendation } 3. Ordinance • * THIS FORM IS TO BE SUBMITTED BY 10:00 A.M. OF THE MONDAY OF THE WEEK PRIOR TO THE REGULAR COUNCII MEETING. ONLY ITEMS OF A CRITICAL NATURE WILL as ACCEPTED AFTER THIS TIME. NOTE: please use a separate request form for each item that is submitted. I AN ORDINANCE AMENDING SECTION L5-3.1 OF CHAPUR 15 OF THE CODE OF ORDINANCES OF THE CITY OF OENTON, TEXAS? INCREASING USER FEES FOR CERTAIN PARK AND RECREATION FACILITIES) PROVIDING FOR A SEVER- ABILITY CLAUSE) AND PROVIDING FOR Ad EFFECTIVE UATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HHREDY ^`i' AtN5~ SECTION I. That Section 15-3.1 of Cha?ter 'P, and Recreatlun" of. the Code of Ordinances of the City „i. G, ,ton, Texan is heroby emendod to read an followei "Section 15-3.1 Facility Foes The following fees shall on charged and collected for the use of the city's parka and recreational facilities in accordant.,o with toe schidule sec forth herein. Additional fees for faeillty saporvision ar poilca services' may oe enarged in aa,llti;n r; thane fees. A. SWIMMING POOLi L. Season Pass $23,00 per person or $60.00 per family 2. Gonaeal Admission $1,00 per adult, $,1,75 per child $1,00 per senior citizen (60 years of age or older s spouse) 3. Pool Rental (a) Non-Profit $10.00 per hour (5 hours or more per weak) $15.00 per hour (3.4 hours per woes) $20.00 par hour (1-2 hours per week) (b) Private $15.00 per ,our (5 hours or more per week) $20.00 per hour (3-4 hours per week) $15.00 per hour (1.2 hours per week) (o) professional $20.00 per hour (5 hours or more per week) $25.00 par hour (3-4 hours per week) $30.00 Poe hour (1-2 hours pee weak) (d) Commercial $25,00 per hour (5 hours or more per week) $30.00 per hour (3-4 hours per week) $35.00 per hour (1-2 hours per week) E. TENNIS CENTERi 1, Saasor Pass $20.00 per person or $50.00 per family 2. General Admission (during posted hours) 3inglesi $ 1.00 per adult $ 0.75 per child $ 0,75 per senior citizen Doublesr $ 1.00 par adult IS 0.75 par child $ 0.75 per sonlor citizrl PAGE ONE C, CIVIC CENTERI 1, Meeting Room Rental (h) Non-Profit S 5,00 per hour or $ 50,00 per day (u) Private $ 7.50 per hour or $ 75,00 per day (d) Professional $10.00 per hour or $100,00 per day (e) Commercial $1$,00 per hour or $150,00 per day (C) Non-Denton (add) S 5,00 per hour or $ 50.00 per day 2. Assembly Room Rental (a) Non-Profit $20.00 per hour or $200,00 per day (b) Private $25.00 per hour or $250,00 per day (c) Professional $35,00 per hour or $350.00 per day (d) Commercial $45,00 per hour or $450.00 per day (o) Non-Denton (add) $10.00 y per hour or $100,00 par day 3. Entire Paoillty (a) Non-Profit $25,00 per hour or $250.00 per day (b) Private .$32,50 per hour or $325.00 per day (0) Professional $45,00 per hour or $450.00 per day (d) Commercial $60.00 per hour or $600,00 per day (e) Non-Donton (add) $15,00 per hour or 3150.00 per dr.y D. RECREATION CENTER31 1. Meeting Rooms (a) Non-Profit $ 5,00 per hour or $ $0.00 per day (b) Private $ 7,50 per hour or $ 75.00 per day (c) Professional $10.00 per hour or 5100.00 per day (d) Commercial. ;$15.00 per hour or $150,00 per day W Non-Denton (add) $ 5.00 per hour or $ 50,00 per day 2. Gyms (a) Non-Profit $15.00 per hrur or $150,00 par da (b) Private $20.00 per hour or $200,00 par day (c) Professional $30.00 per hour or $300,00 par day (d) Commercial $40.00 per hour or $400.00 per day (e) Non-Denton (add) $10.00 per hour or $100.00 per day 3. Game Rooms (a) Non-Profit $ 5.00 per hour or $ 50.00 per day (b) Private $ 7,50 per hour or $ 75,00 per day (c) Professional $10.00 per hour or $100,00 per day (d) Commercial $15.00 per hour or ,$150.00 per day 4. Entire Facility (a) Non-Profit $25.00 per hour or $250.00 per day (o) Private $35.00 per hour or $350,00 per day (c) Professional $50.00 per hour or $500.00 pot day (d) Commercial $70,00 per hour or $700.00 per day (o) Non Denton (add) $15.00 per hour or $150.00 per day E. SENIOR CENTERr 1, Multipurpose Room (a) Non-Prof t $15.00 per hour or $150.00 par day (b) private $20.00 per hour or $'200.00 per day (c) Professional $30,00 per hour or $300.00 per day (d) Commercial $40.00 per hour or $400.00 per day (e) Nun-Denton (add) $10,00 per hour or $100,00 per day PAGE 1140 2, Living Room (a) Non-Profit $ 5.00 per hour or $ 40.00 per day (b) Private $ 7,50 per hour or $ 60.00 per da (c) professional $10,00 per hour or $ 80,00 per day (d) Commercial $15.00 per hour or $120,00 per day (e) Non-Denton (add) $ 2.50 per hour or $ 10.00 per day 3, Conference Room (a) Non-profit $ 5,00 per hour or $ $0.00 per day (b) Private $ 7.50 par hour or $ 75,00 per day (c) Professional $10,00 per hour or $100,00 per day (d) Commercial $15,00 per hour or $130,00 per da (e) Non-Denton (add) $ 2,50 per hour or s 2$,00 pet day 4. Kitchen (a) Non- profit $ 5.00 per hour or $ 50,00 pot day (b) Private $ 7,50 per hour or $ 75,00 per day (c) Professional $10,00 per hour or $100'.00 per day (d) Commercial $12,50 per hour or $125,00 per da (e) Non-Denton (add) $ 2,50 per hour or S 25.00 per day i, Entire Facility (a) Non-profit $25,00 per hour or $250,00 per day (b) private $35,00 per hour or $.150,00 per day (o) Professional $50,00 per hour or $500,00 per day (d) Commercial $7040 per hour or $700.00 per day (e) Non-Denton (add) $15,00 per hour or $150.00 per day P. ATHLETIC r"IELDS, 1 , t,engues (r.) Per Team $30.00 2. Rentals {a) Per Tournament Sessions Unlighted $ 5,00 par hour Lighted $10.00 per hour 3. Practice Unlighted $ 5.00 per hour Lighted $10,00 per hour 4. Non-Resident Fee $10.00 per participant in addition for Leagues to the above feel. d. CONCESSION 3TANDi $ 5.00 per hour or $60,00 per day SECTION It. That if any section, subsection, paragraph, sentence, clause, pnease or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent Jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such Invalidity, PAGE 'rHRrF. SECTION III, That this ordinance shall become ePfeotive from and after its date of paasage. PASSED AND APPROVED this the _ day of 19U. RICHARD 0, S E WAY, DWY5-R CITY OF DENTUN, TEXAS M LEST i CHARLOTTE AALIEN, Ct;'1 SECRETARY CITY OF DENTUN, TEXAS APPROVED AS TO LEGAL FORM, C, J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS SY, C _ T PAGE FOUR 1 OA L orrywCENrON, riems MUNICIPAL. BUILDING / D1:NTON, TEXAS 76201 / TELEPHONE (817) 56682('0 CITY OF DENTON PARKS AND RECREATION BOARD MEETING MONDAY, NOVEMBER 14, 1983 5:30 P.M. SENIOR CENTER MEMBERS PRESENT: Mike Campbell, Chairman Ronnie Roberts, Vice-Chairman Jane Malone Llnnie McAdams John Travello STAFF PRESENT: Steve Brinkman Director, Parks and Recreation Joy Hesch, Senior Secretary Toxx Stewart, Administrative Intern GUESTS PRESBNTs John Weist, Reporter, Denton Record-Chronicle Floyd Specht 1. MEETING CALLED TO ORDER The meeting was called to order by Hike Campbell, Chairman. II. APPROVAL OF MINUTES On a motion of Ronnie Roberts, second of Linnie McAdams, the minutes of the October 31, 1983, meeting were approved. III. OLD BUSINESS Nolte. IV. NEW BUSINESS 10 Public Hearing on McKenna Park Improvements: Texx Stewart submitted to the Board plans for improvements at McKenna Park. The improvements will be funded by utilizing a trust fund set up by George McKenna PARKS AND RECREATION O PARTMENT 817.187,6146, 566.8270 Parks and Recreation Board Mooting November 14, 1983 Page - 2 and, if approved a grant from the State of Texas. The Improvements will include the addition of a shelter which will accommodate large groups and construction of a parking area out of an existing turnaround. Floyd S echt, a resident of the area near the park, voiced is approval of the plans. On a motion of Linnie McAdams, second of Jane Malone, the Board voted to forward to the City Council a resolution supporting the improvements. 24 Master Plans Steve presented the members with a summary list of recommendations by advisory groups and also some impact figures. He asked the members to study the list and prioritize the recommendations prior to the next meeting. 34 Pees and Charges: Steve said it had been recommended that the existing rates for the pool and tennis courts remain the same for at least another year. Linnie McAdams moved, Roanle Roberts seconded, that the recommended fees and charges be forwarded to the City Council for its approval. The Board raised a question regarding the philosophy of the City on fees and charges, i.e. which services are to be subsidized by the City and which services are considered to be self-supporting. The consensus of the Board is that some guidelines, furnished by tho City Council, would be helpful in determining the fens and charges. V. OTHER BUSINESS Steve mentioned the possibility of land being donated by Poxworth-Galbraith Corporation for a new park site. He also said the City had been contacted by a group of investors who are interested in building a public golf course in Denton. V1. ADJOURN On a motion of John Travel.le, second of Jane Malone, the meeting was adjourned. • A , ITV of DENTON, TEXAs MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (8)7) 566.8200 M B M O R A IN 1) U M ~ M TO Betty McKean, Assistant City Manager FROM1 Stove Brinkman, Director, Parks and Recreation DA".B; Decomber 13, 1983 r SUBJRCT; Pees and Charges Adjustments The aCtachod i lst oc ,lid h3 ryes i11va JBC1l Parks and Recreation Board. The staff also recommends approval of these fees by Council. They will help u~, to generate approximately :2,500 to ,$3,000 in rental revenuos during this Fiscal year, Adjustments to the fees are noted on the attached ordinance. Also highlighted are the Increase or decrease of the specific fee. If no increase or decrease is noted after the fee, it will remain the same as last fiscal year. Also attached is an ordinance amending the cemeter) fees. These were approved by Council but needed to be amended in the existing ordinance. Le e r n man MWO0049 PARKS 4ND RE'CRE V TIUN DEPAR)MEN7 817,107.61,16, 566.3270 fff ! 777 ' CITY OF' DENTON CITY COUNCIL AGENDA REQUEST F00,Ni* DATE OF CITY COUNCIL AELTIiIG a D,cember 201 1983 ITEM TO BE PLACED ON AGU,10M 1, Word item exactly as it is to be placed on agenda. Include any Advisory Board Recommendations. 2. List; backup- matarials '(to be submitted no later than 1000 a.m. Thursday, prior'to the council meeting.) 3. state the order in which the item needs to appear on the agenda. 4 1, Approval of Proposed Pees and Charges for Use in Administering the Cemeteries 2. Park Board Approval Staff Recommendation 3, Ordinance * THIS FORM I5 TO BE S013MCTTEO BY 10:00 A. M. OF THE MONDAY OF' THE REEK PRIOR TO i'Hr Rf;GULAR COUNCIL MEETING. ONLY ITEMS OE A CRZ`ITCaL NATURFVWrYt, 8E ACCEPTED- NOTE: P1 ase ut a separate request form fait each item that is submitted. i No, AN ORDINANCE: AMENDINO CHAPTER 6 OF THE CODE Oh' ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING TO CEMETERIES, PROVIDING FOR INCREASED FEES FOR LOTS AND PERMITS, AND DECLARING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY OHDAINSt F That Chapter 6, Section 6-2 (c), "Prices Paid For Lots in City Cemeteries" of the Code of Ordinances of the City of Denton, Texas, is hereby amended to read as Eollowst "(a) Prices Paid for Lots in City Cemeteries, Non-resident of Denton . . . , . . . 830000 Resident of Denton Lot , . . . , . , .$250,00 Infant Lot . . . . , . , . $ 75.00 Conoroto Work Permit . , . . , . , . . $ 25.00 Interment Permit . . . . , . . 25.00 Each infant lot or space shall be in designated areas at I.O.O.P. and Oakwood Cemeteries," PART II. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1983. RICHARD 0. STEWART, MAYOR CITY OF DENTON, TEXAS ATTESTt CHARLOTTE ALLEN, CITY SECRE'P R77 CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMt C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BYi A clrromENroN, rEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (W) $66-8200 CITY OF DENTON PARKS AND RECREATION BOARD MEETING MONDAY, NOVEMBER 14, 1983 5;30 P.M. SENIOR CENTER MEMBERS PRESENT: Mike Campbell, Chairman Ronnie Roberts, Vice-Chairman Jane Malone Linnie McAdams John Travelle STAFF PRESENT; Steve Brinkman Director, Parks and Recreation Joy Hesch, Senior Secretary Toxx Stewart, Administrative Intern GUESTS PRESENT; John Welst, Reporter, Denton Record-Chronicle Floyd Specht I. MEETING CALLED TO ORDER The meeting was called to order by Mike Campbell, Chairman. II. APPROVAL OF MINUTES On a motion of Ronnie Roberts, second of Linnie McAdams, the minutes of the October 31, 1983, meeting were approved. III. OLD BUSINESS None. IV. NEW BUSINESS 1. Public Hearing on McKenna Park I,;provements; Texx Stewart submitted to the Board plans for improvements at McKenna Park. The improvements will be funded by utilizing a trust fund set up by George McKenna PARKS AND R1;CaEATION DEPARTMENT 811~38M146, 566.8210 Narks and Recreation Board Mooting November 14, 1983 Page • 2 and, if approved ,a rant from the State of Texas. The improvements w11 include the addition of a shelter which will accommodate large groups and construction of a parking area out of an existing turnaround. Floyd Spocht, a resident of the area near the park, voiced his approval of the plans. On a motion of Linni,e McAdams, second of Jane Malone, the Board voted to forward to the City Council a resolution supporting the improvements. 2. Master Plans r Steve presented the members with a summary list of recommendations by advisory groups and also some impact figures. lie asked the members to study the list and prioritize the recommendations prior to the next meeting. 3. Hues and Charges: Steve said it had been recommended that the existing rates for the pool and tennis coi~res remain the same for at least another year. Ginnie McAdams moved, Ronnie Roberts seconded, that the recommended fees and charges be forwarded to the City Council for its approval. The Board raised a question regarding the philosophy of the City on fees and charges, i.e. which services are to be subsidized by the City and which services are considered to be self-supporting. The consensus of the Board is that soma guidelines, furnished by the City Council, would be helpful in determining the fees and charges. V. OTHER BUSINESS Steve mentioned the possibility of land being donated by Foxworth-Galbraith Corporation for a now park site. He also said the City had been contacted by a group of investors who are interested in building a public golf course in Denton. V1. ADJOURN On a motion of John Travelle, second of Jane Malone, the meeting was adjourned. ITYof DBNTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (W) 566,8200 ;IBLM 0RANDUM 4 V T0: Betty .McKean, Assistant City Manager FROM: Steve Brinkman, Director, Parks and Recreation DATE: December 13, 1983 SUBJEC'T': Fees and Charges Adjustmonts 'rho attached list oe fool and char3"~s ;aava 'oGdn a;~p~•~;;.i Parks and Recreation Board. The staff also recommends approval of these fees by Council. They will help us to generate approximately $2,500 to ,$3,000 In rental revenues during this fiscal year. Adjustments to the fees are noted on the attached ordinance. Also highlighted are the increase or decrease of the specific fee. If no increase or decrease is noted after the foe, it will remain the same as last fiscal year. Also attached is an, ordinance amending the cemetery fees. These were approved by Council but needed to be amended in the existing ordinance. Sto e r n mxn MEiM00049 PARKS AND RECREATION DEPARTMENT 817-187-61-16, 566.3270 i 's clrYol CENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 ! TELEPHONE (W) 566-8200 M E M O R A N D U M TOi G. Chris Hartung, City Manager FROM; Rick Svehla, Assistant City Manager DATE; December 14, 1983 SUBJECTI Electrical Permit Fees for Apartments At their last meeting, the Council tabled the ordinance on electrical permit fees for a artments# They asked for examples on how the permit fee would changge under this new proposed system. Jackie Doyle, the Building Official, has worked several examples and they are included for the Council's 'review. As you can see, the more 'units' in each building, the larger the difference in the fee is. fees for a tyyppfoal four-unit building would be approximately $28.00 more. P'or an eight-unit building it would be approximately $95.00 and for a 16-unit building the difference would be approximately $225.00. As mentioned at the meeting last week, this proposed fee Is a different way of funding than was originally proposed by staff. After reviewing an across-the-board increase suggested b the staff, the Electrical Code Board recommended this alternate method of providing the necessary revenue. If you or the Council have any questions, we will be happy to try and a them. Risk Sve Assistant City Manager 1544M Three examples of proposed and existing electrical permit fees for apartment buildings. Each apartment unit contains the followings 45 Current consuming outlets 16 Circuits 1 Motor over 1 horsepower 3 Motors less than 1 horsepower Example lr 4 Unit apartment building Current electrical permit fee - $15.30 current consuming outlets $4290 circuits $12..75 +1 hp. motors $ 5.185 -1 hp. motors $77.20 + $6.00 electrical service to building $ $3.20 Proposed electrical permit fee - $ 6,75 current consuming outlets $12.00 circuits $ 3.75 +1 hp. motors $ 3.75 -1 np. motors $2;.2 5 per apartment unit x 4 $105.00• + $6.00 electrical serv to building # $111.00 difference between current and proposed a +$27.80 I Xxample 21 8 Unit apartment building Current electrical permit fee - $26,10 current consuming outlets $60,90 circuits $18,75 +1 hp, motors $ 9,45 -1 hp, motors $IT 23 + $12.00 electrical serv, to building - $127,20 Pr'opoied electrical permit fee - $ 6.75 current consuming outlets $12400 circuits $ 3,75 + I hp. motors $ 3,75 - 1 hp, motors .2 per apartment unit x 8 $210,00 + $12,00 electrical serv,for building - $222.00 Difference between current and proposea +$94.80 Example 3i 16 Unit apartment building Current electrical. permit fee - $47.70 current consuming outlets $99.30 circuits $30.75 + 1 hp, motors $16,65 - 1 hp, motors $1`46 + $24.00 electrical sere,for building = $218.40 Proposed electric permit fee - $ 6,75 current cnsuming cutlets $12.00 circuits $ 3,75 + 1 hp. motors $ 3.75 - 1 hp, motors 5 per apartment unit x 16 =$420.00 + $24.00 electrical serv.for building $444.00 Difference between current and proposed= +$225,60 L CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 i TELEPHONE (817) 566-8200 Office of the City Manager M E M O R A N D U M T0; G. Chris Hartung, City Manager FROM Rick Svehla, Assistant City Manager DATE; November 23, 1983 SUBJECT; Cunsider an ordinance for raising the electric fees on apartment complexes. In the David M. Griffith study, a recommendation was made' to increase electrical fees to cover the cost of servico for the City. After several meetings to review this, the Electrical Board recommended a different method of charging ,fees on apartment buildings be established by ordinance to raise the amounts of revenue needed. In this ordinance, each apartment building would be issued one electrical permit and then each individual "living unit" (i.e., one-bedroom, two-bedroom, efficiency) would he assessed fees just as if it were a stand-alone, single dwelling, Our fee structure has always been based on the theory that larger the quantity of circuits, service, outlets, etc., the cheaper, they became . Under this new way of assessing the; fee, these "discounts" would not be realized in larger apartment buildings, rather, each living unit would be treated as a single, stand-alone unit, and therefore more fees would be generated. If building activities continue to occur, as they have in the past year, then the needed amount of money to cover the cost of service will be realized. If you or the Council have any further questions, I will be happ t y and answer them. I- , c ve la Assistant City Manager 1515M • f , M M I N U T E S Electrical Code Board November 9r 1983 PRESENT: David Hoenig, Joe gayer, Steve Kniatt, Marion Johnson arrived at 4:30 P.M„ Jackie Doyle - Building Official ABSENT: Pete Chumbloy 1, Kniatt moved and Hoenig seconded a motion to approve the minutes of October 27, 1983 as written. Motion carried unanmiously. 2, David Hoenig discussed a possible method of increasing permit fees which should provide at least $13,759.00 which ' will be necessary to meet budget requirements, The method e proposed would maintain the present fee schedule but would increase electrical p--~rmit fees for apartment construction only, presently electrical permit fees are calculated based on the total number of current consuming outlets, lighting and power circuits, motors and service size per building. The present fee schedule provides a variable rate which decreases as the number of outlets, circuits and motors increases. The proposed method would require that each apartment unit within a building be calculated seperately thereby substantially reducing the sliding fee scale. For example; if 56 permits for 15 unit apartment buildings (840 units) are issued this year the increase in permit fees would be approximately $13,860,00 These calculations are based on a typical apartment unit having 45 current consuming outlets, 16 circuits, 1 motor of 1 horsepower or greater and 1-5 fractional norsepower motors. Based on a typical unit each unit would average $26.25. The electrical permit fee for a typical 15 unit apartment building would be $393.75 or an increase of $247.50 over what is presently being charged. Kniatt moved and Bayer seconded a motion that electrical permit fees for apartments be determined by using the present fee schedule and figuring each apartment unit separately to determine the permit fee for each building. The electrical service charge shall be 'based on the ampacity of the service to the building. Motion carried unanimously. There was some discussion concerning the possibility of determining electrical permit fees based on the square footage in a builcing. Board members generally agreed that this was a good 'idea but would require considerable study before it could be done. 1 , w page 2 of 2' pagev , Kniat t asked if all permit fees were being increased. Doyle stated that the user fee study did not recommend increasing all permit fees. 3. Doyle informed the board that the City wanted to ban electric resistance heating units in residential construction and asked the Board for comments regarding this proposed ban. Board members asked if this would prohibit resistance type heaters commonly installed in bathrooms, They were also concerned that such a ban would also prohibit the use of heat pumps since these units have an auxiliary resistance heating unit in them which comes on when the outside temperature reaches a certain level. Doyle indicatea that he was not fully aware of exactly how extensive the proposed ban would be, He stated that he thought the ban was intended primarily to prohibit the use of central heating systems which use resistance elements as the primary means of providing heat, Doyle further stated that the substantial increase in apartment construction and their use of resistance heating systems was apparently the main concern in regard to the proposed ban, The Board was of the opinion that rather than banning resistance heating that the Council should make the use of heat pumps mandatory when electric heating is used. Meeting adjourned at 5J15 No, CITY OF DENTONI TE AS CHAPTER HETOODTHEF ELECTRICAL OCODE, PROVIDINO FOR INCREASED FEES FOR ELECTRICAL PERMITS AND DECLARIN AN EFFECTIVE ATE THE COU14CIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINSs PART _I That chapter 9, Article IV, Section 9-47, "separate permits", of the Code o[ Ordinances of the City of Denton, Texas, is hereby amended to read as fOllOWe1 "♦Separate Permits, A separate permit shall be required foe each separate building or store space. TO determine the permit to* for an apartment building each apartment unit shall be toan calculated apartment abuii~ding The shall the fd ter lned by vthe number of service crops or service laterals to the building," PART II, This ordinance shall become effective immediately upon its passage and approval, day of ~j 1983, PASSED ANO APPROVED this the „ CITY OF DENTON, TEXAS ATTEST: C T C RL T E ~ CITY OF DENTON) TEAS APPROVED AS TO LEOAL FORMS C. J, TAYLOR, JR „ CITY ATTORNEY CITY UP DENTON, TEAS BYi M 1 / d QITy of VINTONJEXAS MUNICIPAL BUILDING / OENTON, TEXAS 76201' /TELE?HONE (817) 566-8200 M E M O R A N D U M a = n = V = = n Tot Betty McKean, Assistant City Manager FROW Kathryn Usrey, Personnel Administrator SUBJ1 Fire Pension ordinance DATE; December 15, 1983 Attached is the ordinance approving the tax deferred status of the Fire Pension Fund. The state law, which was recently passed regarding the Fire Pension Fund, required Council action as well as IRS approval In ordernto been implement the tax deferred system. As of this date, IRS approval received, We are submitting this ordinance for the Council to approve, There is a stipulation at the bottom of the page indicating that IRS approval must be obtained, I have worked with John Shaw in developing this ordinance aninsuring that all necessary processes have been completed with regard to the tax deferred status, We are rovalmhasibeenhgiven, weucanlImp ementtthisoprrogrameinolinetwithethee IRS app ' TMRS changes. Funds were budgeted in the 1983/84 Budget in the amount o $71,945. If you have further questions regarding this matter, please call. Kathryn Usrey, Personnel dm n strator KUtab 151oP attachment NO, AN ORDINANCE PERMITTING DENTON FIREFIGHTERS WHO ARE MEMBERS OF THE DENTON FIREMEN'S RELIEF AND RETIREMENT FUND TO DEFER FEDERAL INCOME TAXES ON THEIR MONTHLY CONTRIBUTIONS TO THE PENSION FUND FROM THE TIME CONTRIBUTIONS ARE JADE TO THE LATER TIME BENEFITS ARE RECEIVED AND DECLARING AN EFFECITVE DATE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINSs WHEREAS, the City council of the city of Denton recognizes the desirability of enabling its firefighters to defer payment of a part of their federal iilcOme taxers and WHEREAS, the State Firemen's Relief and Retirement Law in H,B, 1619 by Salinas was amended by the 1983 Session of the Texas Legislature to permit firefighters to defer payment of federal income taxes on their monthly contributions to the pension funds and WHEREAS, the firefighters elected this income tax deferral option by a majority of the eighty-eight (88) participating members of the fund, voting by secret ballot, on November 28, 1983, sixty-Tao voted in favor of income tax deferral and twelve voted against this change, The sixty-two voting in favor constitute a majority of the eighty-eight partiopating members of the funds and WHEREAS, tte Board of Trustees of the pension fund is seeking an Internal Revenue service determination that the firefiSthter's pension plan is a qualified retirement plan under Section, 401(a), Federal Internal Revenue Code, and its related trust is tax exempt under Section 501(a), Federal Internal Revenue Codes NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTONs SECTION I. That this ordinance permits firefighters of the City of Denton, Texas to defer federal income taxes under the terms of Section 10F(a) and Section 10F(b) of the State Firemen's Relief and Retirement .Saw is hereby establiohed subjeot to a favorable determination by the Internal Revenue Service that the fire» fighterls pension plan is a qualified retirement plan, PASSED AND APPROVED this the 20th day of Deoembert 1953, RICKA-RD Q, i, TCA CITY OF DENTON, TEXAS ATTESTi -CITY SECRETARY CHARLOTM CITY OF DENTONI CEXAS APPROVED AS TO LEGAL FORMi C. J. TAYLORr JR., CITY ATTORNEY CITY OP DENTON, TEXAS By i V r C'"O/DENrON, rEX45 -MUNICIPAL BUILDING / DENTON, TtXAS 76201 TELEPHONE (817) 5668200 TI E Al G R A N D U P! T0; G, Chris Hartung, City Manager. FROM; Rick Svehla, Assistant City Manager DATE; December 15, 1983 SUBJECT; Franchise Agreement with the Phone Company Several meetings ago, the Council reviewed a request) by the phone company to delete tile. last six lines of section XV111 of the franchise agreement, Thos, six lines would have eliminated GTE funding of any consultants that the city wished to hire in reviewing proposed rate increases by (ATE. In prior discu8sions, there was some concern by the City Attorney that if the Public Utilities commission was legislated out of existence, then the city would have to bear the costs of doing rate reviews. 1 have had disucssioris with the City Attorney and Joann Dean reached of f the twordi ngm of mthose lasts six 1 i netsa wasp changed to the following intent; As long as the PUC existed, there would be no charges for consultant work to GTE by the city. If the PUC ceased to exist, and independent consultants were needed to review proposed rate changes, GTE would agree to fund reasonable costs and fees for such studies. If the Council agrees with this compromise, they should instruct the City Attorney to thane the wording in section XVIII, so that amendment can e approved by the Council and incorporated into the franchise to be signed by both the city and the phone company. If you or the Council have any further questions, we will be at the meeting to answer them. c ve a Assistant City Manager 1548M N and until the toIQphana company sha11 have faIIQd to take steps to oliminatu such breach for a period of sixty (00) days after said written uotlco is givolt. SECTION XVI, PARTIAL INVALIDITY AND RIMIAL PROVt3ION That if any soetIoil , sentence, c1auso, or phrase of this ordinance is for any reason hold to be Illegal, untra vlrus or unconstitutlonnl, such invalidity shall not affect the validity of the remaining portions of this ordinance and agreements In conflict he row ith are he roby repealod, SECTION XVII, HLBGA'TIUN OF AU'TIIORI'Ty That the City may do toga to to it dosignated official or officials the exercise of any and all of the powers confurrud upon the City horaby or by applicable State statutes and laws which relate to the suporvislon and regulation of the Telephone Company In Its oxereiso of the rights and franchises horoln conforrod, but the governing body of the City shall reserve to ItsolF exclusively and to the full extent possessed, all powers, if any, to fix and regulate charges and rates of the Telephone Company given the City by law and this franchise, All lawful powers not delegated by the governing body of the City are reserved to, and shall be exercised by, said governing body exclusively, That at all reasonable times, during the continuance of the rights harem granted, the local exchange and general officor of the 7'elophono Company shall be open to the said governing body or Its designated official for Inspection of original contracts, books of account gad cost operating records pertaining to its " oporatlons covered by this franchise, Any method of accounting heretofore or hereafter adopted or uuthorixed by any law of the United States or of the State of Texas or under or pursuant to the authority of any such law shall be deemed proper and sufflciont accounting as to all matters covered thoreby, SECTION XVIII, RATR REGULATION 1'hat it is mutually understood and agreed that any regulation or fixing of rates to be charged by the 'Telephone PAGII 7 1 Company to the inhabitants of the City sJill li be pursuant to authority granted by the Public Utility Commissiou of the state of Toxas, and in Accordance with the laws of sold stato in effect at such timed provided, howevor, that if the l'elophone Compuoy makes an application to change existing rates tho foleplhono Company agrees to reimburse the Clty of Denton or reasonable foes And axponso s of any Indopendent study and evaluation of the proposed rates by consultants, onglnoors, and attorneys specially employed by the City, That nothing in this ordinance Is Intended to add to or dotruct frorl any authority granted by the Logislature of the State of 'T'exas to the City to fix or othorwiso regulate the rates and charges of the Telophone Company, SUC'i'tON XVIX. ACCUP'T'ANCU OP AGRDU,tiIUNT That the 'rolophone Company shall have sixty (60) days from and after the passage and approval of this ordinance to file its wrItton Acceptance thereof wlth the City Secretary, and upon such acceptance being filed, this ordinance shall take effect and be In force from and After the date of its passage and approval by the Mayor, and shall effectuate and make binding the agreement provided by the terms hereof, PASSDD AND APPROVED this the _Z_~-day of_ ~51 ,Z 1983, PASSED AND APPROVED this the .day of Y 9d3, PASSDII AND APPROVI3D this the day of ~~k"Y-, 1983, *1Y U, STb ' AIA Ot D NTON, TUX, gAATTI3ST I v J CITY OP DHNTW:1 TEXAS APPROVED AS TO LEGAL POW C, J. TAYLOR, JR., CITY ATTORNEY CITY UP DUNTON, TEXAS 8Y. PAUU 8 December, 20, 1983 CITY COUNCIL AGENDA ITEM SUBJEM. Consider. Providing Water,/Sewar. Service for Mr.. R, 0. McDonnell Out:sido Demon's City Limits To Serve A Single Family Residential Suhdivision. SUMMARY; Mr.. McDonnell Mans to build a five hundred fifteen (515) lot residential subdivision on a one hundred twenty-nine acre parcel of land which is located on the east side of Grissom Road about 1.5 miles east of the Denton City ltmits. Mr,. McDonnell is r.6questing water and sewer service from the CiLy of Denton for, this development. If this r.equovt is approved, the Developer would extend a 10" waterline from the existing waterline at Mayhill Road and East McKinney Street (EM 426), a distance of about 9,000 ft, The exact routing of this waterline has not yet been determined and is subject to availability of easements and the Utility Department's approval of the proposed r.outtng. The Developer is aware that a 10" waterline will be required to serve his development. Over.sizing cannot be addressed until the final routing of this 10" line is determined. It should be noted that this water line will be a dead end line, Even after the completion of the Loop 288 water line pproject next year, Mr. McDonnell's development will still be served by a non-looped water system. To provide sewer service, the Developer would have to build two lift stations on his property and run a force main to one of two proposed locations. The first option would be to discharge to an existing lift station on Grissom Road, This world require significant improvements to this existing lift station and the Developer is willing to bear this expense. The second option would be to discharge into the nearest available gravity sewer which, in this case, I$ a 10" line on FM 426 referred to as the "Vacation Village-Royal Oaks Outfall Line" a distance of approximately 30500 feet. It should be noted that in any case, this proposed c development is of such magnitude that It will require approximately 50% of the existing capacity of this outfall line, This capacity is currently available. However, any significant future growth in this watershed area would require additional outfall capability to serve it. 2679U/5 1 FISCAL, SUMMAKYi All installations to be at Developer expense. ALTEKNATIVESr It Approve request for water, and sewer service. 2, Deny the request and allow the Developer to use septi tanks or package wastewater treatment system anc install his own well. ACTION REgUIREDI City Council approval or disapproval of subject request for water,/sewer service outside the Denton city limits, RECOMMENDATION; The Public Utilities Board and Planning and Zoning Commission, at their respective meetings of November 14, 1983, recommended to the City Council approval of Mr.. McDonnell's request for such water/sewer service outside Denton city limits, so long as all plans and specifications are submitted to the City for review, and all installations are done according to City of Denton specifications and ordinances, Respectfully, E. Nelson Director of Utilities EXHIBIT I Letter of Request dated 10/10/83 11 Location Map 2679U/6 JESUS CHRIST IS LORD . BURKE ENGINEERING " BRIAN BURKB, P,& CONSULTING CIVIL SNGINHER 26 Nov 1983 4 Mr. Bob Nelson Utilities Department City of Denton, Texas REI hakewiew Oaks Dear Mr, Nelsons T am writing to ask that the r9ferenced project be placed back on the City Council agenda with regard to Mr. McDonnell's request for City water and sewer service, Specifically, Mr, McDonnell ~is willing to install a 10" diameter water main from the existing termination of service at East McKinney and Mayhill to his property on Grissom Road, He is not necessarily dependent upon Champion Mobil Home installing a portion of this route before he continues the line to his property, but at the same time he would like a pro-rato contract with the City for any utilities he installs. T hope this answers questions you may have, but if not, please feel free to contact me, Respectfully, it ✓ i' Brian Burke I / ! SW W. HICKORY ST, (817) 566.3711 DENTON, TEXAS 76201 V r I I N!0 0 FO C MAIM _ c+P « O/ 1 }It 71 C J 1 } 1iti111/~ fJ ~s dAht -Lie I I , v I ,v~r f ' a.,. L -II, -k ..I J L~~r• ' I ew LIF7~'$TA Y A A I(5 .0 TV. F .v, 6, ti ' CW 4 1 r lt i~\ /•l n -i~~/l, ,{i~j'~I It I No 'k p • r ~..7~,ff Y,.. I O t. UT E %1' IL s7-`a,r®'o o ~ rFa J 1 , IF1 srariAEj E ?f s C0R1 1 Vi}ti 0 TFALL h 1 0' k. t~o L.7I.i r...L9/r~•`ITS~c7'.'u: ~J'z'y~ ~v ..ata.~r..".u."'7T'!C".''~..h.. 'T r~ December. 20, 1983 , CITY COUNCIL AGENDA ITEM SUBJECT Consider, Providing Water/Sewer Service For Holigan Development Incorporated Outside Denton's City Limits To Serve A 61 Acre Mobile Home park, SUMMARY: The Holigan Development, Incorporated plans to build a mobile home park with 380 trailer units. This development of 61 acres will be located in South Denton adjacent to the Old Alton Church on FM 2181, Teasley Lane Extension (See attached map). The Holigan Development, Incorporated Cirequestfil Denton water for thand sanitary is development sewer s ttahed r letter from their engineering firm, Blackwell and Associates, Incorporated), in conversation with the enjinaer, Mr, R. C. Hill, P. E., his client would extend an 1' water line from the closest source of Denton water which is at Ryan Road and FM 2181 (approximately 12,800 ft. away) and a 10" gravity sanitary sewer main from Hickory Creek Lift Station (approximately 3,000 ft, away). Oversizing may be addressed by the Staff after further study. There does not appear to be any capacity problems in order to serve thin development. FISCAL SUMMARY: All installations will be at Developer's expense. ALTERNATIVES: 1. Approve request for water and sanitary sewer service. 2. Deny the request and allow the Developer, to use septic tanks or package sewer treatment plant and install own onlqualitysof alternatve at could have an adverse ewisvtlle, Denton'sewater source. 2686U/1 ACTION RC.gUIKKDi / city Council approval or disapproval of subject request for Water/sewer servtee outside the Denton city limits. RECOMMENDATION: The Public Utilities Board and the Planning and Zoning Commission, at their respev,tive meetings of December 14, 19830 recommended to the City Council approval of the Holigan Development, Incorporated request for Water/sanitar,y sewer iiervice outside the Denton city limits, so long as all plans and specifications are submitted to the City for, review, and all tnstallations are done according to City of Denton specifications and ordinances. Respectfully, R. R. Nelson Director of Utilities EXHIBIT 1 Letter of Request Dated 11/21/83 11 Location Map j 2686U/2 4 BLACK ELL & ASSOCIATES, INC. Engineering a Surveying • Planning November 21, 1983 Ref. No. 101-007-201 Mr. David Ham Assistant Director City of Denton Municipal Building Denton, TX 76201 Re; 61 Acre Mobile Home Development, FM 2181 Dear Mr. Ham; Blackwell & Associates, Inc., designated as the consulting engineers for our client, is submitting a formal request, to the Utility Department for extension of utility service to a 61 acre site along F.M. 2181. The land would be developed as a private mobile home park with approximately 380 • units, We are designing the park based on three perscns per unit. Average water demand is estimated at 100 gpcd and daily sewage flow is estimated at 76 gpcd, Enclosed is a preliminary street plan and map locating the property, If you require any additional information, don't hesitate to call. Sincerely yours, BLACKWELL & ASSOCIATES, INC. R. C. Hill, P.E. Protect Director RCH/lmm Enclosure ons Tnwer Wesl • S iit Rrld • 7u1 N. Ctnmmn~c Freeway • j) it S. 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Field check 1960 Polyconic projection, 1927 North American datum laaHlis 10,0004oot grid based on Texas coordinate system, s9 Hiis north central ions 1000•metei Universal Transverse Mercator grid ticks, 7, CONSIDEK AMENDING 1983.-84 WATER/WASTEWATER CAPITAL ' t. t e .son r. e e © ar. on "~li~s "~E'em outTfin 'ng t e proposed revisions, General discussion followed during which Boyd expressed her strong objection to items 84-W-20 and 84-S-1 stating that the items had prafouud policy implications, and that she was not prepared to vote on the items until these implications hau been ,studied. Coomes wade a motion that the Board recomrend the City Council approve the proposed revisions of the 1983.84 Capital Improvemen'.s Plan, except for, items 84-W-20 and 84-S-1. Second by Loveless, five ayes, no nayes, motion parr.iad,, Coomes then made a motion that the Board recommend approval of item 84-W-20, second by Loveless, four ayes, no nayes, Boyd abstained, motion carried, Herring then ma6 a motion that the Board recommend approval of item 84-S-1, second by Coomes, four ayes, no nayes, Boyd abstained, motion carried, 8. CONSIDER PROVIDING WATER/SEWER SERVICE FOR HOLIGAN D OUTSIDE SERVE A T11-ACRE MOBIL HOME PARK (ALLEN h B LE HOME j Nelson briefed the oar, on this item thii developer of the project, reported to the Buardahis slirm~s willingness to pay their share of the cost, Further,, Sanders added that if the Board were to deny wager and sewer services, his firm would have no alternative but to put in wells and operate on either a septic tank system or package sewer treatment plant. After discussion by the Bcard, Loveless made a motion that the Board recommend approval of this item to the City Council, Second by Herring, who added that he wished it be stipulated and expressly written in the Minutes that this recommendation pertained only to the act of providing water and sewer services, It did not recommend the City use or share the cost of oversize lines to this development, nor does it address the question of what costs will be born by the City and what costs will be born by the developer. These issues, added Herring, will be addressed at a later meeting. Five ayes, no nayes, motion carried, At this point, Coomes made a motion that Item 9 and Item 10 be tabled until policy implications could be further studied, Second by Herring, five ayes, no nayes, motion carried. 11. POLICY REVIEW: Nelson reported to the board that a policy review meeting was tentatively scheduled for January 7, 1984. After brief discussion, the Board members agreed to meet on that day. 12. CONSIDER OPERATING REPORTS; October. 1983 Revenue and Expenditure reports or. t e Electric and Water/Wastewater funds were received without comment by the Board. 2 1' { w~ December. 200 1983 ' CITY COUNCIL AGBNDA ITEM SUBJECTi Revision Of 1983-84 Capital Improvements Program, SUMMARY; The bond issue for the 1984-88 Capital Improvements Plan was on finally approved anticipating revenue bond sales f $2,5 million, However., it is now planned to sell only V1 million in revenue bonds, Due to this and other changes in project costs and priorities, the 1984 Water/Wastewater Capital Improvement Plan must be modified accordingly. The following itemization lists those projects which have been changed to reflect the priorities of system requirementsi Water Prod ctio 84-WP-1 Finished Water Pump, (Revised Project) $4250000 (Increase $200,000) The cost estimate for this project has increased considerably due to more accurate engineering data previously not avatlabie. 84-WP-2 Replace 4 Ptlter bed Media. (Revised Project) $F' 000 (Reduction $30,000) 'J re were 4 falter beds changed out 6,tll media last year. These additional 4 beds, Instead of 6 beds, will Increase the Water. Treatment Plant production capability from 16 to 24 million gallons per day. This is sufftctent at this time, Water Distribution 84-W-1 Oversize Water Lines. (Revised Project) $150,000 (Increase $75,000) More developers are installing water lines to areas designated for larger than 81 mains as {per Hogan and Rasor Distribution Study and City expansion. The City can gain financially by paying the difference to construction costs for matns 10" and larger. Current oversize needs total $91,600 (Denton Co-Op, $70,300; Hillhaven Addttion, $5,900; Allan Estates Mobile Home Park, $6)400; and, R. 0. McDonald, $90000). 2686U/3