Loading...
HomeMy WebLinkAbout01-03-1984 1 AGg1VDA CITY Of DENTON CITY COUOCIL January 3, 1984 Joint Meeting of the City of Denton City Council and the Planning and Zoning Commission on Tuesday, January 3, 1984 at 5130 p.m. in the Civil Defense Room of the Municipal Building at which the following items will be considered; 5:30 p.m. 1. Review of the proposed changed to the mobile home park ordinance and plat processing. Work Session of the City of Denton City Council on Tuesday, January 3, 1984 at 6:00 p.m. in the Civil Defense Room of the Municipal Building at which the following items will be considered: 6:00 p.m. 1. Receive a report concerning the status of the application for Community Development Block Grant. 21 Receive a report on south Denton residential development on property zoned or higher uses. 3. Executive Session: A. Letal Matters Under Sec. 2(e), Art. 6252-17 B, Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.SI C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S. D. Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. Regular Meeting of the City of Denton City Council on Tuesday, January 3, 1984, 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. 11 Consent Agenda: Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. City of Denton City Council Agenda . January 3, 1984 Page Two A. Bids and Purchase Orders; 1. Bid 11 9215 - Mobile radios 24 Bid 11 9216 - Distribution transformers 3. Sid 11 9217 - Air switches 4. Bid 11 9218 - Loader/backhoe 51 Purchase Order 1161328 to General. Electric 2. Public Hearings; A. Public hearing on the propose' water/ wastewater rate ordinance. B. S-176. This is the petition of W. J, Roddy requesting approval of a specific use permit for a mobile home ark (197 lots with a typical size of 50' x 100 ) on a 36.96 acre tract located approximately 3,500 feet east of the 1-35E service road and adjacent and north of Page Road, This property is currently located within the City of Denton extra-territorial ;jurisdiction (ETJ); however, final action on a pending annexation which may include this property is scheduled for January 3, 1984 Denton City Council action. (The Planning and Zoning Commission has no recommendation.) C. Z-1620. This is the petition of Joe Belew requesting an amendment to planned development (PD-50) to permit an approximately 20'x60' handball/racquetball recreational facility on a site presently approved for playground use. Planned development (PD-5~'') is the site of the Ramsgate multi-family development which be ins at the northeast corner of Bernard and indsey Streets. (The Planning and Zoning Commission recommends denial.) D. Z-1623, This is the petition of Marvin Morgan Construction Company, Inc. requesting a change in zoning from agricultural (A) to the planned development (PD) classification on a 11.877 acre tract beginning approximately 130 feet west of Bellaire Drive and approximately 850 feet north of East McKinney Street. If approved, the planned development (PD) will permit single family detached land use with a typical lot size of 6,000 square feet (60'xl0U'). (The Planning and Zoning Commission recommends approval,) rCity of Denton City Council Agenda January 3, 1984 Page 'three 11 Adoption of an ordinance approving a change in zoningg from agricultural (A) to the planned development (PD) classification to permit single family detached land use on a 11.877 acre tract beginning approximately 130 feet west of Belleire Vrive and approximately 850 feet north of East McKinney Street. E. This is a public hearing concerning declaring an Eligible blighted Area. 3. Ordinances: A. Adoption of an ordinance and service plan annexing approximately 1014,4 acres of land located south of Highway 380 and west of I-35. (Z-1610) (The Planning and Zoning Commission recommends approval.) B. Adoption of an ordinance and service plan annexing approximately 43.9 acres of land located west of I-35W and south of the exieting city limit line. (Z-1611) (The Planning and Zoning Commission recommends approval.) C. Adoption of an ordinance and service plan annexing approximately 367 acres of land located between I-35W and the Santa Fe Railroad. (Z-1612) (The Planning and Zoning Commission recommends approval.) D. Adoption of an ordinance and service plan annexing approximately 1125 acres of land located on both sides of Mayhill Road north of I-35. (Z-161:3) (The Planning and Zoning Commission recommends approval.) E. Consider adoption of an ordinance restricting parking on Windsor Drive between Locust and Hinkle. ('The Citizens Traffic Safety Support Commission recommends approval.) City of Denton City Council Agenda January 3, 1984 Page Ti~ree 11 Adoption of an ordinance approvin a change in zoning from agricultural (A to the planned development (PD) classification to permit single family detached land use on a 11.677 acre tract beginning approximately 130 feet west of Bellaire Drive and M roximately 850 feet north of East inney Street. E. This is a public nearing concerning declaring an Eligible blighted Area. 3. Ordinances: A. Adoption of an ordinance and service plan annexing approximately 1014.4 acres of land located south of Highway 380 and west of I-35. ('L-1610) (The Planning and Zoning Commission recommends approval.) B. Adoption of an ordinance and service plan annexing approximately 43.9 acres of land located west of I-35W and south of the existing city limit line. (Z-1611) (The Planning and Zoning Commission recommends approval.) 0. Adoption of an ordinance and service plan annexing approximately 367 acres of land located between I-35W and the Santa Fe R4 ilroad. (Z-1612) (The Planning and Zoning Commission recommends approval.) D. Adoption of an ordinance and service pia n annexing approximately 1125 acres of land located on both sides of Mayhill Road north of I-35. (Z-1613) (The Planning and Zoning Commission recommends approval.) E. Consider adoption of an ordinance restricting parking on Windsor Drive between Locust and Hinkle. (The Citizens Traffic Safety Support Commission recommends approval.) F. Consider an ordinance authorizing the issuance oL City of Denton Certificates of Obligation series 1984. 11 Consider a private placement agreement relative to Certificates of Obligation. City of Denton City Council Agenda January J, 1984 Page Four i i G. Consider adoption of an ordinance closing the hearing and levying an assessment on the real and true owners of property abutting Ridgeway Drive, 4. Resolutions: A. Consider adoption of a resolution establishing the City of Denton 's financial responsibiity for the construction, operation, maintenance and proper closure of the Mayhill Road sanitary landfill. B. Consider adoption of a resolution of the City Council designating an Eligible Blighted Area; making the findings rquired by rules of the 'texas Econimic Development Commission; and containing other matters relating to the subject. 5. Consider Sale of Diesel Engines, b. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C, Personnel D. Board Appointments 7. New Business: This item provides a section for Council Members to suggest items for future agendas. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ~Q '7~- day of 1983 at a2: 45) ca o'clock (a.m.) 'm. CITY SECRETARY 1148C NOTICE OF PUBLIC H1~AFtIHG Notice is hereby given of a' public hearing to be conducted by the Denton City Council regarding a proposal to designate as an eligible blighted area certain pieces of property along Fort Worth Drive, All parties desiring to do so should attend the public hearing and express any comments they have regarding this proposal at the public hearing to be held at 7:00 p.m. on January 3, 1984, in the City of Denton at Denton City Hall. The area proposed-by the City of Denton to be desig- nated as an Eligible Blighted Area is: bounded on-the west: side by Ft. Worth Drive bounded on the south side ~y I-35 bounded on the east side b tleadow-Xyrtle Drives bounded on the north side ~y the Daugherty Street and Myrtle intersection. I certify that the above notice of meeting wns posted on the bulletin board at the City Hall of the City of Denton, Texas, on the 29th day of December, 1983 at 4;30 p.m, CITY 5CCRETAEtY AGENDA ADDLMDUM CITY OF DENTON CITY COUNC114 January 3, 1984 7,00 p.m. 1. Consent Agenda; A. Bids and Purchases 1. Purchase order number 61429 to Caruthers Oil, number 61434 to Ben Ivey Oil Co., and number 61452 to Reeder Distributing Go. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at i:he Giiy Hall of the City of Denton, Texas, on the day of 19£33 at o'clock (a.m.) (p.m.) CITY SECRETARY 115 30 CITY OF DENTON i CITY COUNCIL AGENDA REQUEST FORM* 1 i DA`L'E OF CITY COUNCIL MEETINCt January 3, 1984 . ITEM! TO BE PLACED ON AGENDA: 1. Word item exactly as it is to be* placed on agenda. Include any Advisory Board Recommendations. 2. List backup materials (to be submitted no later than 5:Q0 P.M. Wednesday, prior to the Council Meeting). 3. State the order in which the item needs to apr:t:ar on the Agenda. 1, Purchase order number 61429 to Caruthers Oil, number 61434 to Ben Ivey Oil Co., and number 61452 to Reeder Distributing Co, 2. Memo and copies of the purchase orders. 3. Emergency item to agenda. * THIS FOPJ4 TS TO HE SO'BMIT`.TD SY 10:00 A.M. OF THE MONDAY OF THE WEEK PRIOR TO THE REGULAR COUNCIL MEETING. M1LY IMS OF A CRITICAL MATURE WILL SE... ACCEnTED AFTER THIS TIME. NOTE: Please use a separate request form nor each item that is submitted. I CITY COUNCIL AGENDA BACK-UP SUMMARY SKEET DATE OF HEETINGi January 3, 1984 COUNCIL AGENDA ITEM 11 Emergercy item to agenda SUBJE M Purchase order numbers 61429 to Caruthers 011, .81434 to Ben Ivey Oil and 61452 to Reeder Distributing Company. SUNMRYs These purchase orders are for the. purchase of 02 Diesel Fuel to replace the fuel consumed by the Steam Plant during the recent natural gas curtailment. Telephone quotations were received for approximately 700,000 gallons, Due to the emergency situation and the inability to predict the oncoming winter weather and the very rapid depletion of fael oil in the Metroplex area. These three orders ware issued to the lowest bidders. ACTION REQUIRED Approval by council. SOURCE OF FUNDS: 1983-84 budget fund account number 610-008-0251- 8202-E501 Production Power Diesel fuel. RECOMMENDATION: We recommend these three purchase orders totaling 700,000 gallons be approved. The prices are not firm and delivery is subject to availability of product, The total price per gallon is the Rack price (fuel at the terminal) plus a profit margin plus transporation cost. The Rack Price may or maynot fluctuate. The profit margin and freight will remain constant. The total prices per gallon as of the time of writing this memo are as follows: Caruthers Oil Co. .8120 per gallon/ delivered Ben Ivey Oil Co. .8450 per gallon/ delivered Reeder Dist, Co. 82.5 per gallon/ delivered, The quantities listed on the purchase orders are estimates only based on the vendors availability of products and ability to haul. A ceiling has been established that will accept no fuel in excess of • ,8700 per gallon delivered in Denton. EXHIBITS, rCopies of lpurchase orders. SUBMITTED BY: Tom D. Shaw, C,P,M, f Assistant Purchasing Agent CITY OF DBNTCN, PURCHASING DEPT, PURCHAU MOP NWM w 61429 ,215 S. McKlnmV Dow, 4Toms 76201 017/668Jl311 O/FW Aatro 287-0062 art 12-29-83 ao no. quots W.O. "Ou No. vuaoll No, MlVllrl ACCT. NO. Caruthers Oil Co. 610-008.0251-820'2 P.O. Box 336 Denton, Texas 76201 ?at CITY OF DENTON lant Power Plant 1701 Spencer Rd. Denton, TExas 76201 SHOW P.O. NOON ALL SHIPMENTS, OELIVERY TICKETS, INVOIC43 ETC„ SEND INVOICES TO ACCOUNTS PAYABLE,THE CITY OF OsENTON, TEXAS IS EXEMPT FROM SALES TAX AS PER HOUSE BILL #90. THE CITY OF DENTON IS PROHIBITED FROM PAYING FOR MERCHANOI-W BEFORE IT IS RECEIVED. ALL SHIPMENTS MUST BE F.O.B„ CITY OF DENTON, TEXAS. ITEM CITY STOCK NUMBER DESCRIPTION QUAN./UNIT PRICE AMOU04T Not to exceed '.870( #2 diesel fuol 500 M .8120 39701504( e ll Direct All Inquiries To: CITY OF DFNTON, PURCHASING DEPT, John J. Marshall, C.P,M., Purchasing Agent _ t Tom D. Shaw, C.P,M., Asst. Purchasing Agent CITY OF PENTgN, PURCHASING DEPT, PURCHASI ORDRR mumm bl 444 ,210 8. McKinney Denton, Texas 70201 4111544311 D1FW Metro 207.M2 oAts No, quote •~!/~O oarvur Accr, NO. Flo-oao»az6~-~zoz-a:6o~ Ben Ivey Oil sNIF P.O. Box 1469 Det6ago Texas 76201 V 791 C11Y OF DINTON Power Plant 1701 Spencer Rd. Denton, Texas 76201 SHOW P.O. NOON ALL SHIPMENTS, DELIVERY TICKETS, INVOICES ETC.. SEND INVOICES TO ACCOUNTS PAYA,BLe,THE CITY OF DENTON, TEXAS IS EXEMPT FROM SALES TAX AS PER HOUSE BILL #20, THE CITY OF DENTON IS PROHIBITED FI1OM PAY1N"11 FOR MERCHANDISE BEFORE IT IS RECEIVED, ALL SHIPMENTS MUST BE F.O.B., CITY OF DENTON. TEXAS. ITEM CITY STOCK NUMBER DESCRIPTION QUAN,/UNIT PRICE AMOUNT Not to, teed -.870C 1. #2 diesel fuel loom .8450 $845500.OC price: metro Alex rack plus .0025 & frt. a.tr;fi O~tDER . Direct All Inquiries To; CITY OF DENTON, PURCHASING DEPT, John J, Marshall, C,P,M., Purchasing Agent Tom D, Shaw, C.P,M„ Asst. Purchasing Agent CITY 0,P 08NTGN1 PURCHASING DEPT. PURC#ASK ORDIR NUMBIR 1452 215 8, MoKInney Denton, Tom 76201 8170884.11211, D/NW NNtro 287-0042 DAY$ 12-29-83 010 No. YIIIM3 W.O. N0. WWON NO, DIlIV11Y ACCT. NO. 610-008-0261-82024601 Reeder Distributing SHIP P.O. Box 0237 Tot CITY QP DBNTON Ft. Worth, Texas 76112 Power Plant 1701 Spencer Rd. Denton, Texas 76201 SHOW P.O.NOON ALL GH1PMENTS,OELIVERV TICKETS. INVOICES irrC,.SENO INVOICES TO ACCOUNTS PAYABLE,THE CITY OF OENTON, TEXAS IS EXEMPT FROM SALES TAX AS PER HOUSE BILL 020. THE CITY OF DENTON IS PROHIBITED PROM PAYINO FOR MERCHANDISE BEFORE IT IS nECEI VEO. ALL SHIPMENTS MUST BE F,O.B., CITY OF QENTON, TEXAS. ITEM CITY STOCK NUMBER DESCRIPTION 4UAN./UNIT PRICE AMOLMT 1. #2 Diesel Fuel NOT TO E GEED ,8700 100/M 82.5 $826500.0C Prise, rmtroplex rack & .0100 & frt. (.015) 0 Q--: Direct All Inquiries To: ` r CITY OF DENTON, PURCHASING DEPT. John J. Marshall, C,P,1M., Purchasing Agent j Tom D, Shaw, C,P.M., Asst, Purchasing Agent c. f: AGENDA CITY OF DEN'1'ON CITY COUNCIL January 3, 1984 Joint Meeting of the City of Denton City Council and the Planning and Goninft Commission on Tuesday, January 3, 1984 at 5:30 p.m, in the Civil Defense Room of care Municipal Building at which the following items will tie considered: 5::30 p.m. 1. Review of the proposed changes to tho mobile home park ordinance and plat processing. Work Session of the City of Duntou City Council on Tuesday, January 3, 1984 at 6:00 p.m. in the Civil Defense Room of the Municipal BuilLng at which the following; items will be considered: 6:00 p.m. 1. Receive a report concerning e<<e status of the application for Community Dove',opment Block Grant. 2. Receive a report on south Denton residential development on property zoned or highest uses. 3. Executive Session: A. 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. Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. Regular Meeting; of the City of Denton Ci P.y Council on Tuesday, January 3, 1984, 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 hi.s designee to implement each item in accordance with the Staff vecowmendations. t City of Denton City (;ouneil Agenda January 3, 1984 Page Two A. Bids and Purchase Orders: 1. Bid fl 9215 - Mobile radios 2. bid li 9216 - Distribution transformers 3. Bid l~ 9217 - Air switches 4. Bid # 9218 - Loader/backhoe 5. Purchase Order #61328 to ~,uneral Eloctric 2. Public Hearings; A. Public hearing on they proposed water/wastewater rate ordinance. U. S-1766 This is the petition of W. J. Roddy requesting approval of a specific use permit for a mobile home park (197 lots with a typical size of 50' x 100 ) on a 36-96 acre tract located approximately 3,500 feet east of the 1-35E service road and adjacent and north of Page Road. This property is currently located within the City of Denton extra-territorial ,Jurisdiction (ETJ) ; however, final action on a pending annexation which may include this property is scheduled for January 3, 1984 Denton City Council action. (The Planning and Zoning Commission has no recommendation.) C. Z-1620. This is the petition of Joe Below requesting an amendment to planned development (PD-50) to permit an approximately 20'x60' handball/racquetball recreational facility on a site presently approved for playground use. Planned development (PD-50) is the site of the Ramsgate multi-family development which be lns tit the northeast corner of Bernard and Tindsey Streets. (The Planning and Zoning Commission recommends denial.) 0. Z-1623. This is the petition of Marvin Morgan C;0118LYUCti.0n Company, Inc. requesting a change in zoning; from agricultural (A) to the planned development (PD) classification on a 11.877 acre tract beginning approximately 130 feet west of Bellaire Drive and approximately 850 feet north of East McKinney Street. If approved, the planned development (PD) will permit single family detached :land use with a typical lot size of 6,000 square feet (60'xlOU'). (The Planning; e.nd Zoning Commission recommends approval.) City of Denton City Council Agottdal January 3, 1984 Page Ttn'ee 11 Adoption of an ordinance approvin a change in ironing froth agt:icultutal (A~ to tl'le planned developmont (PD) classification to permit single telmily detached land use on a 11.877 acre tract beginning approximately 130 feet west of 8011aire Drive and approximately 850 feet north of East McKinney Street. L. This is it public hearing concerning declaring an Eligible Blighted Area. 3. Ordinances: A. Adoption of an ordinance and service plan annexing approximately 1014.4 acres of and located south of Highway 380 and west of 1-35. (4-1610) (The Planning and Zoning Commission recommends approval.) B. Adoption of an ordinance and service plan annexing approximately 43.9 acres of laud located west of 1-35W and south of the existing city limit line, (Z-16ll) (The Planning and "Zoning Commission recommends approval.) C. AdopLtoll r) I au ordinance and service plan annexing approximately 367 acres of land located between 1-35W and the Santa Fe Railroad. (Z-1612) (The Planning and Zoning Commission recommends approval.) D. Adoption of an ordinance and service plan annexing approximately 1125 acres of land located on both sides of Mayhill Road north of 1-35. (Z-1613) ('fhe Planning and Zoning Commission recommends approval.) E. Consider adoption of an ordinance restricting parking on Windsor Drive between Locust and Hinkle. (The Citizens 't'raffic Safety Support Commission recommends approval.) 10'. Consider an ordinance authorizing the issuance of City of Denton Certificates of Obligation series 1984. 1. Consider a private placement agreement relative to certificates of Obligation. City of Denton City Council Agenda January 3, 1984 Page Fotir G. Consider adoption of an ordinance closing the !rearing and levying an as,ressntient on the real and true owners of property abutting Ridgeway Drive. 4. Resolutions; A. Consider ado)ti.on of a resolution establishing the City of enton's iinanoial responsibiity for thu construction, operation, ruaint0 nuncH and proper closure of the MayhiII Road sanitary landfill. B. Consider adoption of a resolution of the City Council designating an Eligible Blighted Area; making the findings rquired by rules of the Texas Econimic Development Commission; and containing other matters relating to the subject. 5. Consider Sale of Diesel Engines. b. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Boars Appointments 7. New business: This item provides a section for Council Members to suggest items for future agendas. CERTIFICATE I certify that the above notice of meeting was posted, on the bulletin board at t'he 0,ity Full of the City of Denton, Texas, on the _ day of 1983 Flt o'clock (a.m.) (p.m.) CITY SECRETAKY 11480 CITY COUNCIL AGENDA BACK-UP SUMARY SHEET DATE: Ole MERTINC r ,lanunry 3, 1984 COUNCIL AGENDA ITEM # Consent agenda SUBJECT: Kid li 9215 Mobile Radios SUMMARY: This bid is for the purchase of mobile radios for the following department: Watcr & Sewer Vehiclo Maintenance Streot. Solid Waste Building Inspection Wastewntor Treatment Service Center The majority of these radlos are replacements of old obsolete r.quipment. ACTIM REQUIRED: Approval by council and awat-d of hid. SOURCE: O FUNDS: 1983-84 budget funds capital equipment for the var:lous deparl:ments involved, RECD?IMENDATION: We recommend this bid be awarded Co the lowest bidder meeting specification of Motorola Communications in j the amount of $15,138.00, F011 Denton with dolivery In eight (8) weeks. The bid by Motorola carries a dis- count of $1,948.00 I the complete 1.1st is purchased from them. This discount makes them $578.00 low on item ill, 3 and It and item ? must he purchased form them since they are the only bidder. EXHIBITS: T u.latioi vIt cct. SUBhIIT1L1) 131: r Tom D. Shaw, C,11.M, Assistant Purchasing Agent 0ID 0_ 9215 + KID TITLE Mme Radios ' i OPENED December 20, 1983 Motorola Motorola General General Extended Electric Electric ACCOUNT Extended Extended TY ITEI g iPT19N YC~ U01 k I'_UOIt,___-; E n0~__ VrNDOR VT:NgOR~ VENUOR V~'NDOR 1. 7 Lo Hand Mobile Radios 2 channels 11117,00 7,819.00 1,019.0071133.00 { 2. 5 Lo Hand Mobile itadio 1 channel 1,125,00 5,625.00 N/B 3. 1 Walkie Talkie 2 channel 780.00 780.00 602,00 60.1..00 4. 1 Baoo Station 2,862.00 2,862.00 ` -2,356.00 21356.00 Y i Delivery 60 days 65 days FOB Denton Denton { EXTENDED TOTAL 17,086.00 15,716.00 p DEDUCT DISCOUNT FOR COMPLETE ORDE -11948.00 -1,948.00 EVALUATED TOTAL 15,138.00 15,716.00 r I CITY COUNCIL ACENDA SACK-UP SUMMARY SHEET I I DATE OF MEMO: January 3, 1984 COUNCIL AGENDA ITEM !1 Conaent Agenda I ' j SUBJECTi Sid p 9216 Distribution Transformers SUMARY: This bid is for the purchase o'f distribution trans- formers to replace inventory stock and to fulfill, now construction and maintenance requirements. ACTION REQUIRED: Approval by council and award of bid, SOURCE OF FUNDS; 1983-84 budget account 610-006-0252-9222-E368, Electric Distribution line transformers, RE3CONMENDATION; We recommend this bid be awarded to the lowest evalnated bid meeting specifications. Item Qunn, Size Supplier P Ice wn aI Del, 1 12 50KVA O.H. Poleli.ne 699,00 8,388,00 12wk 2 12 100KVA 0.11, Poleline 11290,00 15,480,00 12wk 3 15 25KVA P.M. Cummins 637.00 9,555.00 12,rk Our evaluation is based on a specifiec formula considering initial purchase cost, and nn average operating cost based on the energy and the expected useful life of the trans- former. EXHIBITS: `I lation t.et. SUBMITTED BY,. ~ Tom D. Shaw, C.P.M. Assistant Purchasing Agent iOVA ; t~ - l'M- 1~-29o/~zu V MAN, DDMAND ! DA-M Dec' SUPPLIER IIPR Mlyvny VVIT LOSSES COST OF OAPITAL IN WRIM P I.H NO~LOAD ML-LOAD LOSSTS • _ COST C11 ^ 1"l5r: I ('irutml~}s ~u/! lq 05 Gnarl/ /0- '1,2 Co 2 7 00 53 3.7A 31'33 37 ~l AtirJ ~ 8 7Gnl7 , SS If~r'y . I•)clvrs Ra~° ter-~tt/ I0 -12 6 ?r,70 a 53•' '3 7,x, . a ~ 33 .37 44 k9, Of 1G, 9 S 4 3 rrtrrc Fl~'ci~n' ri 14, -16 g6o.-oo '7s '36.9 27;YY 6;7$9 ,QU q (I y, ,ZY tirl'rzt•~nr Flrctncl R1~' G~r,.ty _ /l) 12. QU S, 3.75. ,It-?,, 37 4 519,<,Y 7~;r;': •C~c- EIrr'b A ,l.; 0/'1c?),ce- 12 - I'Al 8372 40 q1• 409 -01, ' ,ocy G) 3b . VW cl7'' .RR IVc~ c~ r/r:'ln~ ;li r7rh:r/ Ic> - 13 to j-.3 c)v 153 97_.. 11y 7 1W. crc_'o t r, ; l2 Il)~~l.no 73 A0 7:! 7~)•s6 ID_'. : '•76 17 99!~•Uv _l C.. 367 I,BY 7oo4,SY) lo.. .63 Ilnr,"7r~,+t.10. Von, R IU ~f'C,do sS~ `l GBqo, ,2C) IIS?c:` 10 PtlSfohny)r% ~U, Ccr,tr„( ~~fo> ;rr 19 r0p P4--- 343 31o4.2 621c,,'_'?_ 93z:>:~'~ /:2'-14- lok oo `73 34-/' ~0 170 7603, .Ceo 2C? Irk' I:~ ll,t~r G~ S~~c v .13 QS-q-00 103 X1'13 3c1G,•q A Z G,7 I?• 1°:~ c:,l,;r c rrll 1r /1h° G•IC,r to IC1 / ? ~ii`1 00 1 - 3 r., bl ~ y 3 a d 9 rl , iND1CAM LOWES7 EVA,LUAT9 BID _!~Aj 60 hVA to 1Q - n 04 o v 0AN, MMAND DATIF ; Dec ~ o , /r7X r h£1~ SVPPLIwrR N, DDIf IV P, AY ' UNIT GOI)SC3 COST OF CAPITA4 C'i':Ay PiIS, IN '98M PRICE; NO-LOAD/l' LL-LOAD LO59&S COST :"''c i I I Ccrurlr,z)r~, ~r~1/.lil K~>IV(71'r;l Io 2 !3c7o, 00 .9.z 5 JQ4 RyG ~ .1'3 9 7 ~ S. Co o l$fo-r: - f 7C, lt~r'> . /l~rvrs lll~ ~)~u/ U -l2 116 S' P f ~rv!rr ICS 011 /27S,0 o P 3Q 101.3 `I0;77 V Ci,oo 107' ,77 ' rrrtc G'crr I ~rc~i,c )b)e (:r~n.ri~ lV l2 !I 7,PJOd 341, 101,Y loo- s';11 9193 I " IS`1 Q rc ~rclr,c 1Clr,li.t!)l1Gl11 1J I;l~r7,r7Q 21~ rl~a,7 fr~I~I,~2 O 17 V l+le~t!nr F~~r~ni /1/~ CarrnrrJ !f~ - /31) 11 OL) IC>61? S','IiI. 7 ll)C'SC.'C~ lVr . 7,; i 1(~ 1 X9'1.040 13.97 12-164.99 c)0cl •ro9 r3 7r,li lc 1`~r . r r 13 )31oc,rr2 31(• /U /,3 qo(14 ,77 ~z9~}, PSI I`i 1 voIli . .J' /U 136,4 0U -.2 1l0 II6GS'•:~> ~~G~O 7~ ~_'r rr~r,,l' /d~f4, r 1~) 12~.r o4. v y1 o9 6 S.I gG94,40 - 181 - 1{) ,011 C-obryrr/ Co' ov 2 , ~ W qq~ o _ •10 _ I~i orr1F,V1e'~.~ t'tc(rri tUCJ(,',~1(t~,,:~. ~'/o 1317.00 ;1(riS 13.G17' goC14.77 94-96.96 i73 _ 5•SS C-.,f 162Y,00 13. 5 117 9 11 4 6 ! /.2.- ~ j (e.] C-rw to I !!do„bU 3s"4 to z'IV I0 c.,z1 ,74 S'377,G,0 19 r;=~~ i~.•r~~} 10CAM, LOWEST MOAT ;BiD ~✓3 KVA ; SO-OONV. o?77V OVAN. DRMAND IDATI ; Dec .?p, My Iv° $UPPLIEfi IIIF•AI Deb IVEBY UNIT Lobars COST OP CAPITAL TOT',;:, NlS~2, IN WE M PR Ox 'NO-LOAD/FULL-LOAD LOSSES COST Cos otim l+rrn su// 6/ AW C rC1Il/ IC.) - 1 2 702.6'0 -)31 64.3 rn,a'-)34 74! , 112'-16 0 KA.r~ . 6ovis Me <'rt-,u/ Il.)- IP- 70,2 y7 64.3 Gr~5.3.cl s 4114V q II302. (ioIrial Re,-1r,~ !,2 79r1,,o0 (40 57,E 17 (h;z4 5rn).4,96 Io9-IN I ,2U rr'nr .li<,r f=(rr~nc lt~~' GrC,,rU I b I .e. 707, 4) o 3.1 fri.~:3 h,3S 3,(19 .4977. $ 117,31 . for irr Irc%,~ rrrGtll G - -0U I 3 ~16 3%^7j 1~1 ~0,IC,zrl' G, Ne~sa7+ L~r'c'lri /Il!' Crrog/ lU-/y /20,00 .')3/ G.>~l 3 l„?~ 3111'' ~,OGV. ?o IIgZ V~ ~4zr cX 7 1W C G tv~ lri, c AU Y~ 00 6,~9 rre17.r1U 5 3 . Gk 1-0 12 y'Frrr .lr _!>>r, <,i t~• 13 $'?O,o<~ 14.0 _7"1S C,G~ 2,C)5 5343,0 124'1' rj Vol 71nrr L'lrc. Vcttl'7ra -/o 7GG b' 70 r2.';~ 52 9,1,C~I IZ41: 16, IU Dtts['rtherr,r ('U, of //ex IV) <o, 61,13 00 ~ 17G `6,1,0 Srl 5Z- 1 S? 7 7,2 10 y f l )4 11 JoAt,wo-i rlrci:,i' 1l/[r lfn.ItJC 7 7S',00 141 fZ.9 19q 7,cIU 4 56,00 1105 c1U - 11 Sn,~ „9c Co spscv l3 470 Ou 176 6 G 77 .64 6124 S'U 12900 Al 13 1%,~c: !rr S„//, (r /,7.7C, Its - l,? S'SO,C 0 1?"J 1-T,4.A -111cS'. I1 SL? 3 .ocJ Io(l,fi L f I INDICAI LOWEST irUWATED BID , I/3 CITY COUNCIL AGENDA BACK-Up SUr4WY SHEET DATI; O IIElMN01 January 3, 1984 COUNCIL A(;CNDA ITEM tl Consent Agenda OBJECT: Bid # 9217 Air Switches 11 SUKMARYt This bid is for the purchase of air switches to re- place warehouse stock, This rt,atevial is used by the Electric Distribution Department in the maintenaoce and new construction of the overhead distributica system. The qunntit,y bid Is approximately a six. (6) month supply, ACTION REQUIRED: Approval by council and award of bid, SOURCE OF FUNDS; Warehouse Inventory stock working capital necouat number 710-004-0598-8708. RECOMMCNDATION: We rocoam:cnd this bid be awarded to the lowest bidder meeting specification of WESCO in the amount of 11,475.00 each, FOB Denton with delivery in 45 clays. Total bid price of $8,850.00, EXHIBITS: Tibu.latico Sheet. Tom I). Sliaw, C.P.M. Assistant Purchasing Agent 811) HID TITLE Sw to U_OPENiaA Doan by 20, 083 Cummins IdGSCO Prioator Supply Supply ACCOUNT p TY" rsc z~ rzo r' uot__, r D vr:r1~~U1t yr,t oa Vl',NDOR v~;~rE0K ^.'rh 1. b Air Switchos 1,483100 15475,00 11925,00 I Delivery 40 clay 45 day 40 day ~ M Denton Denton Donton j i i i I f 4, CITY COUNCIL. AGENDA BACK-UP SMtkRY SHEET MLETiNG DATE: January 3, 1984 COUNCIL AGENDA ITCH !i Consent Agenda SUBJECTt Kid # 9218 Loader/Backhoe SU1\01ARY; This bid is for the purchase of two loader/backhoe tractors, One tractor is a replacement for unit number 7163 assigned to the Water & ,Sewer Department. The second tractor is an nddition to the fleet and will be assigned to the street department. ACTION REQUIRED; Approval by council and award of bid, SOURCE; OF FUNDS; 1983-84 budget funds account: number 620.008-0471-9104, $6,177,00, water & Sewer department and Motor Pool account number 710-004-0020-8707 $18,275.00, total cost $24,452.00. Account number 100-002--0031-9104, $24,452.00, Street Department. RECOMNENDATI0N; We recommend this bid be awarded to the lowest bidder meeting specifications of DenTex Ford Tractor Co. at $24,452.00 per tractor. Delivery approximately in 10 days, VOB Denton. We also recommend the optional. rotating beacon be added at $125.00 each. Total bid price is $49,154,00, EX11111TTS; Tabulation sheet, SUBMITTF.13 11Y. Tom D. Shaw, C.P.M. Assistant Purchasing Agent BCD TITLE Loader/Backhoe M OPENED December 20, 1983 Case Power Case Power Deneex Trinity ACCOUNT A & Equip, & Equip, Ford Equip, TY. 1TEM ES IP VENDOR VENDOR _ u VENIUOR VENDOR VENDOR VENDOR 1END0R 7 2 Loader Backhoe 29,739.00 259944,00 24,452.00 29,884,00 Make Cale Case Ford John Deere Model 5802 580D 555 3108 Delivery 10-30 da},s 15 days 45-90 days 30 days + CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET DATI: OF MEETINGi January 3, 1984 COUNCIL, AGENDA ITEM 11 Consent Agenda SUBJECTI Purchase order 1161328 to General Electric Co, in excess of $3,000,00 SUMMARY: In the last fiscal year we purchased three (3) of these radios for the Fire Department, We received bids with some other like equipment and General Electric was the low bidder for the portable radios, We have contacted General Electric and they have agreed to hold that bid price for the purchases of 4 portable radius, ACTTON REQUIRED: Approval by council, SOURCE': OF FUNDS; 1984 budget, RECOMMENDATION We recommend this purchase order be approved to Ceneral Electric for the purchnse of 4 portable radios with vebicle chargers for the total amount of $3,528.00. ECkIiBL'C5t Copyof• purchase order number 61328. SUBMITTED BY: . o m J..rittrshnll., C.4'.M. Purchasing Agent CITY OF DEOON, PURCHASING DEPT, ~ 4PURCHAS11 OROIR NU7 ~ 215 E, McKinney Denton, Texas 76201 817/6664311 D/FW Metro 267.0047 DAU 12- 19-83 110 NO. VINOOR NO. TIRMS W.O. NO. OkUYINY ACCT, NO. SNIP 1 & 2 100-006-00519110 General Cloctric 3 & 4 100-006-00529110 13747 DIontFort Dr. Suite 205 To: CITY OF D>'NTQN Dallas, Te)tas 75240 Fire beet. ~215 E. McKinney Attn: Dwight Cowden Denton, Texas 76901 SHUW P,O, NO.ON ALL ShIIPMENTS, DELIVERY TICKETS, INVOICES ETC--SEND tNVOICES TO ACCOUNTS PAYABLL, THE CITY OF DENTON, TEXAS IS EXEMPT PNOM1! SALES TAX AS PER HOUSE BILL SR20, 7HEt CITY or DEN'TON IS P11011WITLU FROM PAYING FOR MERCHANDISE BEFORE IT IS RGCEI VEn, ALL SIlIPMENTS MUST 8E F,O,©., C1TY OP DENTON, TEXAS. i7EM CITY STOCKNUM1lBCR DCSCRIPTION oUAN,~UNIT PRICE AMOUNT 1. PE64RASACX portablo radio 3 731.00 2193.00 i 2. 364C3ATX vehicle charger without mike and speaker 3 151000 453.00 j 3. PE;64RASACX portable radio 1 731.00 731.00 I 4. 364C3AIX vehicle charger without mike and speaker 1 151.00 151.00 For Council approval .Inn. 3, 1983. ' G 352$,00 Dirnct All Inquldes To: CITY OF DEN70N, PURCHASING DEPT. John J. Marshall, C,P,M„ Purchasing Agont G I Toni D. Shaw, C,P,M., Asst. Purchasing Agent/', January 3, 1984 CITY COUNCIL AGENDA ITEM SUBJECT: PUBLIC HEARING ON PROPOSED WATER AND SEWER RATE ORDINANCE SUMMARY: The City entered into a contract with Gilbert Associates last summer to conduct a Water/Sewer Cost of Service and Rate Study. The study is now complete acid a copy is being forwarded herewith. Mr. Al Herman will be at the January 3, 1984, Joint Council and Public Utilities Board meeting to present the results of the study. This muting will be a ppublic hearing for the purpose of presenting the study results to the public and receive comment. No action on the rates are required at this meeting other than Council direction regarding the rate tariffs proposed as a result of the study. Among the results of the study is a proposal for increasing water rates an average of approximately 10.7% and increasingg sewer rates an average of approximately 54%. Residential water rp.tes will increase approximately 12.7% or $1,63/month and sewer rates will increase 48`/0 or $3.73/month. Commercial water rates will increase 9% and sewer rates will Increase 55%. FISCAL SUMMARY: With Proposed Rakes 1983 1984 REVENUES $6,535,891 $8,142,332 EXPENSES 5158 946 6,00488 OPERATING NET 1,3 6,9 5 2,133,846 DEBT SERVICE $10259,701 $1,339,644 RETURN ON 5300000 677,000 INVESTMENT RETAINED EARNINGS ($412)756) $117,201 OR (LOSSES) ACTION REQUIRED: Receive citizen input and set time and date for action on proposed ordinance. ALTERNATIVES: Not applicable. 27140/1 RECOHMENDATION The Public Utilities Board, at its December 14, 1983, meeting passed a motion to recommend to the City Council adoption of the proposed rate ordinance. Respectfully R.E. Nelson Director of Utilities it II 2714U/2 NO, AN ORDINANCE AMENDING CHAPTER 25j SECTION 2560 OF THE CODE. OF ORDINANCES OF THE CITY OF DENTON, TEXAS, PERTAINING TO WATER RATES AND CHAROESI AMENDING SECTION 25.49 OF CHAPTER 25 OF THE CODE OF THE OF DEN ANIT SERVICE RATES CITYND CS HARGETON, ANDTDECLARINGTANNEFFECTI VE DATE, SEWER THE COUNCIL OF THE CITY OF DENTON, TEXAS, HERESY ORDAINSI SECTION I. That Chapter 25, Section 25.60 of the Code of Ordinances of the City of Denton, Texas, is hereby amended and shall hereafter read as follows: ARTICLE IV. WATER Section 25-60. Rate Schedule, The rates to be charged by the City of Denton for water services are hereby established as followsi A. RESIDENTIAL WATER SERVICE (SCHEDULE W11 APPLICATION Applicable for single family residential service and individuallf metered apartments or mobile homes or multi-family facilities with less than 4 units, Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction wic!1 applicable rider. NET MONTHLY RATE WINTER SUMMER Billing months of Trilling months c: Nov, through April May through Oct. 1) Facility charge 3/4" Meter $4,25/Month $4.25/Month 1" Meter $5,00 $5,00 1-1/2" Mete; $7,75 $1.75 2" Meter $8.50 $8.50 2) Volume Charge $1,10/1000 gals. $1,3o/1000 up ,000gals/moe . $1.60/1000 over 200000 gals/mo. MINIMUM BILLING Facility Charge Facility Charqe PACE 1 PAYMENT bills are due when rendered, and become past due if not paid within 15 calendar days from date of Issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider, PRORATION Of UTILITY BILLS a) Billing for the Facility charge shall be based on 12 billings annually. Formulae Actual da s in reading period x customer charge 50 days b) Billing for the water used shall be based on 30 days per month to determine the million gallon consumption to be charged to each rate block, Formula Actual days in reading period x OO rat Rbloa per k 1,000 AL in grateblock A B RELIOXOUS WORSHIP WATER RATE (SCHEDULE W1R1 APPLICATION Applicable to all facilities used primarily for religious worship, served by a single water service line through one meter. ,p, arplicable fur resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE WINTER SUMMER Billing months of Billing months of Nov. through April May through Oct. 1) Facility Charge $4.25/Month $4.25/M0nth 3/4" Meter $5.00/Month $5.00/Month IN Meter $7.75/Month $7.75/Month 2" Meter $8,50/Month $8.50/Month 2L Volume Charge $1.30/1000 gals. 210,3000/1000 a/moto $1,60/1000 over 20,000 gals/mo. MtNP UM BILLING Same as facility Same as facility charge charge PAGE 2 PAYMENT within arow calendar days from date of eIssuanceit due if not paid SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS a) Billing for the Facility Charge snail be based on 12 billings annually, Formulae Actual days in reading p4riod x customer charge 30 days b) Billing for the water used shall be based on 30 days per month to determine the million gallon consumption to be charged to each rate block, Formula Actu 1 days in re din ariod x O1A000ngrateblockratebloper C. COMMERCIAL/INDUSTRIAL WATER SERVICE RATE {SCHEDULE W21 APPLICATION Applicable to all commercial and industrial users, or other water users not otnerwise classified under this ordinance. For all water provided at one point of delivery and measured through one meter, Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with applicable rider, NET MONTHLY RATE i 1) Facility Charge 3/4" Meter $ 9.00 per month 1" Meter $ 10.00 per month 1.1/2" Meter $ 12.50 per month 2" Meter $ 14.25 per month 3" Meter $ 43.00 per month 4" Meter $ 72.00 per month 6" Meter $ 92.00 per month 8" Meter $105.00 per month 2) Volume Charge $ 1,25 per 1000 gallons MINIMUM BLLLVW Facility Charge PAGE 3 i PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service reqquirements shall bs provided subject to the special facilities ridsr. PRORATION OF UTILITY BILLS a) sillina for the Facility charge shall be based on 12 billings annually. Formu'lai Actu 1 days in reading period _ x customer charge 30 days b) Billing for the water used shall be based on 30 days per month to determine the gallon consumption to be charged to each rate block. Formula Acl•ual days in reads Period x G1AL Ingrate bl ckrateATE per 6 #000 allons in block D. ALE S LE TO VERNMENTAL AGENCXES DI i0 0 BO (SCUDULE W31 APPLICATION Applicable to all governmental agencies, divisions, subdivisions for distribution and resale of water supplied at one point of delivery and measured through one meter. Not a licable for temporary, standby, or supplementary service jar exc. ept. n conjunction with applicable rider. N3T MONTHLY RATE Billing months of Billing months of Nov. through April May through Oct. 1.) Facility Chargu 3150600 $150.00 2) Volume Charge $1.27/1000 gals, $11.27/110003/00gals* 00 gals, $1.55/1000 gals. over 3,000,000 yalo/mo. AINIMUM BILLING $150.00 per month PAGE 4 PAYMENT sills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. WAIVER OF SUMMER BLOCK Any contracting authority under this schedule may have the upper summer block waived by installation of water storage eapaoity, sufficient to provide for its finished water needs during times of maximum demand on the City of Denton water system and not taking water during such periods. PRORATION OF UTILITY BILLS a) Billing for the Facility charye shall be based on 12 billings annually. Formulat Actual days in reading period x Customer Cnarge 36 b) Billing for the water used shall be based on 30 days per month to determine the million gallon consumption to be charged to each rate block. Formulas Actual days in reading r~ iod x aA000ngI1ate blckratsAbEoper E. _UM-GOVERNMEh(TAL SALES OF FINISHED WATER SCHEDULE W41 APPLICATION Applicable to sales of finished water to all City of Denton Departments and accounts supplied at one point or: delivery and measured through one meter. Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE 1) Facility Charge 3/4" Meter $ 9.00 per month 1" Meter $ 10.00 per month 1-1/2" Meter $ 12.50 per month 2" Meter $ 14.25 per month 3" Meter $ 43.00 per month 4" Meter $ 72.00 per month 6" .Meter $ 92.00 per month B" Meter $105.00 per month PAGF 5 2) Volume Charge i 1,25 per 1000 gals. HINIMUM BILLING Facility Charge A~ YMENT Bills are calendar when days n from data oe iseuana~at due if not paid SPECIAL FACILITIES All services which require Special Jacilitle in order to meet special facilities rider, PRORATION OF UTILITY BILLS a) Billing for the Facility charge shall be based on 12 billings annually, Formula) Actual da s in reading period x customer charge 0 days consumption based to on be 30 days gallon shall be bl Billing to for the charged p determine et the used month tu each rate block. Formulas Actual days in reading period x GALLOOingrate blockratebloper 56 ij0llons In (SCHEDULE W5) Existing Schedule 5 combined with Schedule WA F. INTRA GOVERNMENTAL SALES OF UNTREATED WATER (SCHEDULE W61 APPLICATION Applicable to all City of Denton Departments and accounts eor untreated water supplied at one point of delivery and measure-a through one meter. Not ap lid for resale except in conjunction with applicable rlaer HYT MONTHLY RATE 1) facility Charge $92.00 per month 2) Volume Charge $ .80 per 1000 gals. MINIMUM BILLING $92.00 per month PAGE 6 PAY 'NT Bills are due wh-an rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which requiro special facilities in order to meet. customer's service requirements shall be provided subject to the special facilities rider, PRORATION OF UTILITY BILLS a) Billing for the Facility charge shall be based on 12 billings annually, Formuiai Actual days In aye eading period„ x customer charge b) Billing for the water used shall be based on 30 days per month to determine the gallon consumption to be charged to each rate block. Formulai factual days in readinv period x UAL Ingrate blockeateATEper Ju 10000 allons in block G. STANDBY FIRE SERVICE WATER LINE [SCHEDULE W71 APPLICATION, Applicable to commercial and Industrial users for unmeterea fire service line to serve only sprinklers or other private Eyre fighting equipment. Not applicable for resale In any event, i NET MONTHLY RATE 1) Facility Charge 6" Line $11,00 8" Line $15,00 MINIMUM BILLING Facility Charge PAYMENT Bills are due when rendered, and become past due if not pain within 15 calendar days from date of issuance, SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities eider, PAGE 7 PRORATION OF UTILITY BILLS a) Billing for the Facility charge shall be based on 12 billings annually, Formulai Actual days in readlnu Period X customer charge 30 days H. EXTRA-JURISDICTIONAL RESIDENTIAL CUSTOMERS (SCH$pULE We) APPLICATION for single family residential service multi-family dinfacilities with lase than 4 units outside the corporate limits of the City of Denton. NET MONTHLY RATE 14INTER SUMMER Billing months of Billing months of Nov, through April May through Oct. 1) Facility Charge 3/4" mater $ 6.25 $ 6.25 .L" Meter $ 7.50 $ 7,50 J.-1/21 Meter $11050 $11,50 i'" Meter $12.75 $12.7; 2) Volume C.iarge $ 1,95/1000 gals, $ 1.95/1000 gals up to 20,000 gals. $2.40/1000 gals, over 200000 gals. MINIMUM BILLING Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in erase to meet customer's service requirements shall be provLded subject to the special facilities rider. PRORATION OF UTILITY BILLS a) Billing for the Facility chant.- hall be based on 12 billings annually. PAGE 8 Formula: Actual days i r adl period x customer charge 30 ay$ b) to ldeterminetthewgallonsconsumption toebe charged to each Cate block. Formulas Actual days in reading period x 1,000ngallons1inkrateAblockr 30 ~f 1. EXTRA JURISDICTIONAL COMMERCIAL i INDUSTRIAL 'RATER SERVICE (SCHEDULE W91 APPLICATION Applicable for all commercial and industrial users or other users not otherwise classified under this ordinance outside of the provided eat one limits ofedalCity iveryfand Denton for all measures through tone MeterOe I icable to temporary, utandby or supplementary service, exae t n con unotion with applicable rider. NET MONTHLY RATE 1) Facility Charge 3/4" Meter $ 13.50 per month 1" Meter $ 11.00 per month 1-1/2" Meter $ 18.75 per month z" Meter $ 21.25 per month 3" Meter $ 64.50 per month 4" Meter $108.(10 per month 6" Meter $138.00 per month 8" Meter $157.50 per month 2) Volume Charge $ 1.87 per 1000 gallons MINIMUM BILLIN(j Facility Charge PAYMENT Bills 15 calendars daye n from date n of bissuan east due if not paid SPECIAL FACILITIES All services which require special facilities In order to meet customer's service requirements shall be provided sub3ect to the special focilities rider. PRORATION OF UTILITY BILLS a) Billing for the Facility charge Ethall be based on 12 billings annually. PAGE 9 Formula] Actull da in r Adin period x customer cnarge 30 d aya gallon used consumption tosbe charged to each month rate bl to ldetermlot ine the water block, Vormulas Actual days 30 C,Qadinc period x GGA000ngrateblockrx RATE per block 11allons In J. METERED WATER FKOM FIRE HYDRANT SCHEDULE (wlol A~PLXCATION Applicable for all grater taken through a fire hydrant or other direct distributikn line source for private or commercial use not associated with the fighting, DEPOSIT $300.00 Usor meter(s) lneeded, Deposit deposit be returnedawhen meter is returned. NNT RATE Volume Charges $ 1.25/1,000 gallons Volume use shall be computed by subtracting the meter reading at time of customer paying deposit and receiving meter multiplier, meter reading upcrn return of meter times any applicable pli FACILITY_ CHARGE $ ?•0, 00/use PAYMENT Hills are due when rendereu, and become past oue if not paid within 15 calendar days from date of isnuence. SECTION II, Section 25-49 and Section 25-60 of Chapter 25 of the Code of the Ordinances of the City of Denton, Texas, are hereby amonaed so that the some shall read as follows DIVISION 2 SERVICE RATES Section 25-49. Schedule The rates to be charged by the City of Denton for oanitary sewor service shall be based on water consumption, and are Hereby amended as followsi PAGE 10 A. RESIDENTIAL SEWER 9ERVICtr (9GHED_ U L V- 11 APPLICATION ly Appglicable for single family residential serulvtilc~efamiandly individually me a rlesa gthan rtm4n s or mobile hOmG$ Or m units, with cable for sub-billing Or other utility billing by service user h any event. NET MONTHLY RATE 1) Facility Charge $3.00 par month 2) Volume Charge $1.50 per 11000 gallon lnflusnt Billing shall be ' ^aed on ninety-eight (gat) percent of water Con- period Maranttusarlu. sumpklon but sha. not exceed a mx formtOf y (25,000) gallons. Monthly billings monthly rate of watR4 November shall be bated on the average consumption during the immediate prior months of December througc, February. Billings for the months of December through Februar•p shall be based on actual Consumption. Now residential customers who do not have aillfull haveprior a maximum billobasedi nonlnety eight will through February} gallonspeCOf ntWater w ctonsumption, whicheveren is holessd until 0001y non-irrigational water consumption history is established. NIN. - UM B ILLING Facility Charge $3.00 per month PAYME T Bi'.ls are due when rendered, and become past due if not paled within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to mNet ustomerservice requirements shall be provided subject to ;he special facilities rider, PRORATION OF UTILITY BILLS a) Billing for the Facility charge shall be based on 12 bill.irngs annually. Formula[ Actual days in reading period x customer charge 3 days b) Billing for the sewer effluent shall be based on 30 days per month to determine the gallon effluent to be Charged to Bach rate block. Formula[ nr.runl days in reads n period. x GAL in rate block x RATE per 30 Api00 gallons in rate bloc,< PAGE 11 v B. RELIGIOUS WORSHIP SEWER SERVICE [SCHEDULE IS1R1 APPLICATION Appll,oable to all facilities used primarily for religious worship and/or education and not for residence or commercial or industrial enterprise. Not applicablj. for sub-billing or other utility billing by service user in any event, NET MONTHLY RATE 1) Facility Charge $3.00 per month 2) Volume Charge $1.50 per 1,000 gallon iwt't- t Billing shall be based on ninety-eight (984) percent oe water con- sumption but shall not exoesd a maximum of twenty-five thousand (25,000) gallons, Monthly billings for the period March through November shall be based on the average monthly rate of water consumption during the immediately prior months of December through February. Billings for the months of December through February shall be based on actual consumption, New residential customers who do not have a full prior non-irrigational history (December through February) will have a maximum bill based on ninety-eight (984) percent of water ooniur,^ on or ten triusand (10,000) gallons of water Consumption, whichever is less ntii a non-irrigational water consumption history is established, MINIMUM BILLING $3.00 per month PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar d:,ys from data of issuance. SPECIAL FACILITIES All services which require special facilities it, order to meet customer's service requirements shall be provided suo;ect to the special facilities rider. PRORATION OF UTILITY BILLS a) Billing for the Facility charge shall be based on 12 billings annually, Formulas Actual days in reading period , x customer charge 30 days b) Billing for the sewer effluent enall be based on 30 days per month to determine the gallon effluent to be charged to each :ate block. Formulae Actual days in reading period x GAL in rate block x RATE per -fib 1,000 gallons in rate block PAGE 12 C. COMME CI L AND DUSTR1fJ} [SCHEDULE 121 APPLICATION ApPlicable classified under sewer cserviceiausers not otherwise sewer, to b all to this ordinance. Y0 a lio ble for sub-billing or other utility billing by sere ee user in any event, NET MONTHLY RATE 1) Facility Charge $6.50 per month 2) Volume Charge $1.60 per/1000 gallons Billing based on eighty (80i) percent of monthly water consumption. INDUSTRIAL SURCHARGE in addition to the above charge for commercial and industrial, there will be added to the not monthly rate an Industrial surcharge based on the following formulai Cu•Vu ((Bu-260) S + (Su-2601 S!) Wherei VOu is the u is the billing volume user user X. Su Is the tested SOD level for user X or 260 mg/1, whichever is greater. S SOD per 1,000 gallons ($0.000885) is the unit cost factor for treating one unit. Su is the tested SS level for user X or 260 mg/1, whichever is greater. S 1$0.000895) is the unit cost factor for treating one unit of S3 per 1,000 gallons. MINIMUM B_I_LLINC} $6.50 per month PAYMENT calendar daye r from adate of become issuance, due if not paid Bills o within 15 SPECIAL FACILITIES All customer's services ser ice s rrequire equirements special facilities lprovided subject-. to meet special facilities ricer. PRORATION OF UMITY_BILLS a) Billing for the Facility charge shall be based on 12 billings annualzy. PAGE 13 a Formulae Actual data indrgdiag period x customer charge ~30 days b) Billing for the sewer effluent shall be based on 30 days per month to determine the gallon effluent to be charged to each Formula Actual days in read, in eriod x GAL ingrate b lockratebloper D. SEW ER ' E N SERVICE FOR A GOVERNMENTAL T~~SU9DIVi MN (SCHEDULE S31 APPLICATION Applicable to any municipal corporation, or uther governmental with s the City of operates foe a sewer sewer treatment service and agency Contracts subdivision a NET MONTHL'l RATE 1) Facility Charge $125.00 per month 2) Volume Charge $ 1.55 per 10000 gale. of effluent Billing shall be based on one-hundred (1008) percent of actual gallons measured by meter at one point. MINIMUM BILLING $125.00 per month PAYMENT Sills are due when rendered, and become past due if not p-aio within 15 calendar days from date of issuance. SPECIAL FACILITIES customer's All services which require special facilities in order to meet special facilities eider. PRORATION OF UTILITY BILLS a) Billing for the Facility charge shall be based on 12 billir4a annually. Formulai Actual days in reading period x customer charge 30 days b) Billing for the sewer effluent shall be based on 30 days per month to determine the gallon effluent to be charged to each rate block. PAGE 14 Formular Actual days i reading period x GAL in rate block x RATE per 3u 1,000 gallons in rate block E. INTRAGOVERNMENTAL SEWER SERVICE $CNEDVLE $41 APPLICATION Applicable to all City of Denton Departments and agencies for all sewer service. NET MONTHLY RATE 1) Facility Charge $6.50 per month 2) Volume charge $1.60 per month Billing shall be based on eigaty (80%) percent of water consumption. MINIMUM BILLING $6.50 per month PAYMENT bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY HILLS a) Billing for the Facility charge shall be based on 12 billings annually. Formulae Actual days in reading period x customer charge 30 days b) Billing for the sewer effluent shall be based on 30 days per month to determine the gallon effluent to be charged to each rate block. Formulae Actual days In reading period x GAL in rate block x RATE per 30 1,000 gallons in rato block F. SALE O TREATED SEWER EFFLUENT TO MNICIPAL CU T E S (SCHEDULE 851 APPLICATION Applicable on sales of treated sewer effluent to any municipal utility. PAGE 15 Not available for resale in any event. NET NONTHLY KATE 1) Facility Charge $92.00 per month 2) Volume charge $ .60 per 1000 gallons MINIMUM BILLING $92.00 per month PAYMENT due if not paid Bills 15 calendar when dayranderedi s from date and of become issuance. within SPECIAL FACILITIES All services wniah require special facilities in order to Meer customer's service requirements shall be provided eub3nat to the special facilities rider. PRORATION OF UTILITY BILLS A) Billing for the Facility charge shall be based on 12 billings annually. Formulae Actual de`s i readin ariod x oustuMer charge 3 ays b) Billing for the sewer effluent shall be based on 30 days per month to determine the gallon effluent to be charged to aaca: rate block. Formulae Actual lava 10 reading period x GAL in rate block r ,000 gallonsinkrate A block G. METERED SEWER SCHEDULE 1561 Application to any sewer service customer desiring to meter aL1 sewage offluant from a single customer location and n'.1 t. otherwise classified under this ordinance. NfT MONTHLY RATE Facility Charge $125.00 Volume charge $ 1.60/1,000 gallons MINIMU11 SILLING $125.00 PAYMENT due if not paid Bills are calendar days dayrenderedp s from date and of berome past Issuance, within 1 PAGE 16 SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the speoJA.), facilities rider. PRORATION OF UTILITY BILLS a) Billing for the Facility charge shall be based on 12 billings annually, Formulae Act 1 days it readin period x customer charge ays b) Billing for the sewer effluent shall be based on 70 days per month to determine the gallon effluent to be charged to each rate block. Formula$ Actual days In reading geriod x GAL in rate block x RATE per 1,000 gallons in rate block K, RESIDENTIAL SEW, USERS' C TSTDE CITY OF DE TO URP E LIMITS (SCHEDULE xS71 APPLICATION Applicable for single family residential sewer customers and individually metered apartments or mobile homes or multi-family facilities with less than 4 units outside the corporate limits, of the City of Denton and also receiving water from the City of Denton. Nr.r MONTHLY RATE 1) Facility charge $4.50 per month per housing unit 2) Volume Charge $2.25 per 1000 gallons of effluent Billing shall be based on ninety-eight (988) percent of water con- sumption but shall not exceed a maximum of twent;1-five thousand (25,000) gallons, Monthly billings for the period March through November shall be based on the average monthly rate of water t consumption during the immediately prior months of December through February, Billings for the months of December through February shall be based on actual consumption. New residential customers who do not have a full prio,: non-irrigational history (December through February) will have a maximum bill based on ninety-eight (988) percent of water consumption or ten thousand (10,000) gallons of water consumption, whichever is less until a non-irrigational water consumption history to established. Where sewer volume is measured, the volume charge shall be eased on 1001 of measured volume plus an appropriate £aci}.ity charge. MINI?IUM BILLING $4.50 per month PAGE 17 PAYMENT Bills are due when rendered, and become past due It not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS a) BLllin for the Facility charge shall be based on 12 billings annually. Formulae Actual days in readin Period x customer charge 3 aye b) billing for the sewer effluent shall be based on 30 days per month to determine the gallon effluent to be onarged to each rate block. I Formulae Actual day9,~ reading period x OAL in rate block x RATE per 1,000 gallons in rate block I. RESIDE IAL 5'M SERVICE USERS W THO ,r r DE TO WATER SERVIMS (SCHEDULE S81 APPLICATION Applicable to all residential facilities not also receiving metered water service from the City of Denton, including sub-divisions, apartments, mobile home parks, or other residential service users. The montnly chargu will be based on the maximum number of residential units in the area served during the month times the volume and facility charges, NET MONTHLY RATE In Corporate Limits Outside Corporate Limits 1) Facility Charge $2,25 per month $3.35 per month 2) Volume Charge $1,50/1000 gals, $2.25/1000 gals. r Volume charge will be for six thousand five hundred (6,500) gallons per month. MINIMUM BILLING $12.00 per month/ $17.98 per month/ per resident unit per resident unit PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. PAGE 18 SPECIAL FACILITIF;S_ All ustomer's services vice requiraments which require special facilities in order to meet c special faoilities tideC. PRORATION OF UTILITY BILLS a) Billing for the Facility charge shall be based on 12 billings annually. POCMUldi Actual d s in readin eriod x customer charge ays b) month to determine the gallon effluent tShall o be charged to ach on 30 rate block, F'ormulai Actual days in re din erlo x a AL Ingrate blockretRAblookr J. C F CIA NDUB RI`L P £R 8.$ ICE OUTSIDE I' SCREDULE $91 APPLICATION Applicable to all commercial, industrial or any other facility Denton ordinance not limits otherwise f the covered of under receiving sewer service from the City of Denton. NET MONTHLY RATE 1) Facility Charge $9.75 per month 2) Volume Charge $2.37/1000 gals. Billing based on eighty (809) percent of monthly water consumption. INDUSTRIAL SURCHARGE In addition to the above charge for commercial and Industrial, there will be added to the net monthly rate an industrial surcharge based on the following formular Cu-Vu ((eu-2601 8 + (Su-2601 s)1 Where Cu is the surcharge for user X. Vu is the billing volume for user X, Bu is the tested SOD level for user X or 260 mg/1, whichever is greater. B BOD per 1,000 gallons ($0.000885) is the unit cost factor for treating one unit. Su is the tested 95 level for user X or 260 my/-', whichever is greater. S ($0,000894) is the unit cost factor for treating one unit of 9S per 1,000 gallons. PAGE 19 ' A ~,INIMUM LUNG $9,7'a per month PAYMENT Bills are due when rendered, and become past due if not pates Within 15 calendar days from date of issuance, SPECIAL FACILITIES All services which require special facilities in order to meat customer's service requirements Shall be provided subject to t::,e special facilities rider. PRORATION OF UTILITY BILLS a) Billing for the Facility charge shall be based on 12 rilliagv annually, Formulas Actual da5'8 in reading Garton x customer charge 30 aye K, 1,ETSRED .FjYIER OUTSIDE CITY L MIT9 (SCHEDULE 5101 APPLICATION Application to any sewer servico customer desiring to meter i.i sewage effluent from a single customer location and ^rt otherwise classified wider this ordinance, NET MONTHLY RATE Facility Charge $187.50 Volume Charge $ 2.40/1,000 gallons MINIMUM DILLING $187.50 PAYMENT Bills are due when rendered, and become past due it not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to n+et customer's servl.ce requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS a) Billing for the Facility charge shall be based on 12 biiL:-,as annually, PAGE 20 Formulgi j-#1,# ead n pq__ _d x customer charge ays b) month uilling for the sower effluent shall be based on 30 days or rate block, Formular Actual days in reading eriod x aA000~~gallonslinkrate~iblookr SECTION 111. GENERAL SEPVICNe-_CHARcE4 & PROCEDURES CAetomer Recuest0j.2ter ReadSn9a APPLICATION When a customer requests a reading of City meter due to is contested billing more than twice during the succeeding eleven,, )11) months and no error is found, RATE PUr Additional Reading $20.00 BILLING Charges will be added to the eustom4t's r,ext reyular z~iil r .d will be due upon customer's receipt of bill and will e delinquent 15 days after bill.in,i pate. Mete{ 'PUa_ -Fee AI:LICATION Applicable when a customer requests the testing of a City meter previously tested within the past four years ar.u the meter found to be within the accuracy stanoarde. RATE Per Test $25.00 Charge In the event a meter is found to be in error by more than ± 21 on the high flow test, no charge will be made for mater test and -'e customer will be creditea or billed up to 24 months of oast history in accordance with the error found. ,Oiiicellaneous Services APPLICATION Applicable to all miscellaneous services to customers got included in other sections. BILLING Labor (Regular Time) $ 0.00 per person in crew rainimum up to c ne- half hour. PAGE 21 $16.00 per baemeasured to crew, anearest i one- quarter hour, Labor (Overtime) $11.80 per person in crew, minimum up to one-halt hour. $23.60 por person in crew, each additional hour to be measured to the nearest. one-quarter hour. Premium time to be added where applicable. Transportation All Yehiolas to e to distribution rate (cost to operate) miles vehicle type used. A Matetial Stores coat plus 259 ana applicable sales tax. Other Costs The actual cost for meals and other miscellaneous out-of-pocket expenditures applicable to the job. Serylde Deposits APPLICATION Applicable when a customer requests for water and/or sewer service for the first time in the Denton water/sewer servJce area and does not have or will not reoeJvu City of Denton electric service. RATE 1) Residential Customeri A customer will make a deposit of $100.00 or an amount, equal to 1/6 of the last twelve (12) months billings at the meter location, whichever is less. The minimum deposit for residential water/sewer service will be $50.00. 2) Commercial/Industrial Servical A commercial, industrial or other non-residential customer will make a deposit of an amount equal to 1/6 of the last twelve (12) months at the meter location, but in no case gill be deposit be lose than $75.00. WAIV . M DFPOSIT Deposit is not required if tha customer has a good credit standing for utility service with the City of Denton or other utility s stem for the twelve (13) months prior to application for service with the City of Denton. Deposit will not be required In the event a customer has a co-signer who meats the above criteria. REFU14U OF DEPOSIT Deposit will be held until customer has completed twelve (12) continuous months with a go,)d credit standing with the City of Denton Utility. At such tine, or upon closing the account, a refund of ontJre deposit plus any accrued interest will be mace. Special Yac_i lties Rte.er SPECIAL FACILITIES RIDER 1) Applicabilityi All service shall be offered from available facilities. If a customer service characteristic requires facilities and devices PAGE 22 a , which ethe not OU001110r1 requests and readily available at the ocation at which provide the eerviee subject to paragraph 2 of this schedule. 21 cThe ustomer's usasge characteristicat which ea~rereinourcede by the Utility shall be subject to a special contract entered into between by the Utility and prthe ior ctotther,Utility providingshall ice to the customer, SECTION IV. That Chapter 25-49 of Chapter 25 of the Code of Ordinances of the City of Denton, Texas and Section 25-60 of Chapter 25 of the Code of Ordinances of the City of Denton are hereby repealed, SECTION V,, That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or ciroumstanoes 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 ehAOted such remaining portions despite ony such invalidity, SECTION VI, That this ordinance shall become effective thirty (30) lays from the date of its passage, 1984, and the City Secretary is hereby directed to cause the caption of this ordi- nance to be published twice in the Denton Reoord-Chroniole, the official newspaper of the City of Denton, Texao within ten „0) days of, the date of its passage. PASSED AND APPROVED this day of , 1984. ` MKYOR RIMARU 0. CITY OF DENTON, TEXAS ATTESTi CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FOPUMi C. J. TAYLOR, JR., CITY AT'T'ORNEY CITY OF DENTON, TEXAS PAGE 23 PLANNING AND ZONING COMMISSION Reoommendation to the City council T'o; City Council Case No. 5-176 Meeting Date, January 3, 1984 GENERAL INFORIMAXION Applicant: W.J. Roddy 1401 S. Stemmons Lewisville, 'T'exas 75067 Status of Applicant; Owner Requested Action; Approval of a specific use permit for a 117 site mobile home park on lots typically 50' X 100' in size Location and Size; 3b.9b acre tract located approximat,.ly 3,50U feet east of the IH-35E; service road and adjacent and north of Page Road Existing Land Use; Vacant Surrounding Land Use and Zoning; North - Vacant South - Vacant East - Vacant, single family residential West - Vacant, single family residential, Sherwood Mobile Home Park, T&P MKT RR, Salvage yard Denton Development Guide, Property is presently outside of the city limits and outside of the boundaries of the Development Guide stuuy area, ,~Ca~e ,V5»lib) Page t SHCIAL INFORMATION Transportation Page Road is a very narrow county and lraffici road in Moderate to slightly poor condition. The north side of Page Road is included in a pending annexation process that is scheduled for final City Council action on January 3, 1984 , If the property In this request is annexed, and the specific use permit is subsequently approved, approximately 1200 feet of Page Road frontage will be subject to City of Denron perimeter street paving requirements. Specifically, dedication of appropriate right-oi- wsy, pavement improvements and curb and gutter installation can be required. Drainage improvements can also be required if annexation occurs. Mobile home parks generate approxi- mately 5.9 vehicle trips per day per dwelling (compared to approximately 10 trips per traditional single family dwelling). Based on the above standard, the proposal will generate approximately 1,162,3 vehicle trips per day (197 sites + 5.9 t.p.d.) at optimum development. 1 The concept plan for this development shows internal streets with 45' of width, Current mobile home park requirements are for 30' streets on the interior. Proposed mobile home park ordinance revi- sions would require streets with j 28' of width for collectors and '14' of width for all other internal streets. All internal streets are private in mobile home parks, t. (Case yS-176) Pnge 3 SPECIAL INFORMATION (Continued) public Utilities, An public water. line will have to be extended along Page Road tr, serve this development. The internal dis- tribution system will be connected to the public ti" waterline via a single master meter. The City Coun- cil approved extension of a 10" sewer line to a Corinth lift station when an earlier request was made to allow this site in the L.'T.J, to utilize Denton 'a public uLility syys- tem. All on site utilities will be private. City of Denton require- ments for utilities apply with or without annexation. Eire: Fire hydrants will have to be placed along the pproposed Page Road water- line at 6UU' intervals, Electric: It annexed, City of Denton electri: service will be available to the site. T P & L service is also available, Other Utilities: Telephone service is available to the site. Cable 'r.v. service is not available. The status of gas ser- vice is unknown at this time. BACKGROUND W. j, Koddy, petitioner, owner and prospective developer of Lhis proposed mobile home park first contacted staff and inquired au,,,,ut requirements for mobile riome parks both inside and outside the City of Denton approximately eighteen months ago, When tirst can- tacLed, statt advised Mv, Roddy that the City of Denton did have a Mobile Home Park and travel Trailer Ordinance that would apply 0 any proposal inside the City, as well as, certain toning require- ,vents that would also be imposed for properly in Lhe City, J (case4#8-176) Pago BACKGROUND (continued) The petitioner was further advised of platting requirements for property both in the City and in the B, T.J. finally, the peti- t'loner was advised that developmont proposals in the ,T.J. aria automatically referred to the City Council and Planning and Zon- ing Commission for study based on annexation policies when plat approval is sought. Mr. !toddy indicated that he would begin looking for a site to develop and would submit the necessary technical information at some point in the future. After a f?w more general discussions, the subject site in the R.T.J, s,as se- lected, The City of Denton began annexation proceedings for an area that includes the subject property between September and October, 1983. The petitioner requested permission to extend and utilize Denton's public water and sewer facilities in theE.T.J. in June, 1983. The utility request was approvd by t Utility Board in July, 1983. The City Council approved the re- quest on August 2, 1983. Annexation proceedings began on October 4, 1983. A preliminary plat was submitted on November 20 1983. During the plat review stage, Mr. Roddy was informed that a specific use permit would be necessary it the property is annexed on January 3, 1984. When the petitioner realized that all plans to date could be for naught if proper zoning is not secured after annexation action, the decision was made to con- centrate on the specific use permit question before expending additional time and resources on engineering plans and platting, When questioned about the potential of removing certain sites from the pending annexation area on December 6, 1983, the majority of the City Council stressed support of the current area with no deletions. It appears that there is little chance that the 36.96 acre tract in question will be removed from the area scheduled for final annexation action on January 3, 1984; therefore, a specific use permit will be needed to develop a mobile home park at the site in question. ANALYSIS The concept plan of this proposal exhibits features which will confor,n to both existing and proposed City of Denton mobile tiome park re uirements in the area of streets (45' width exceeds both standards) and lot size (5,000 sq. ft. typical). Typical park- ing layout and standard setbacks are not exhibited, but specific mobile home park ordinance requirements would govern thesa areas. Recreation area conforms with current and propow-Nd ordi- nance requirements. A central storage area for boats and extra vehir,les at a standard of a minimum of 160 square feet per (Case #S-176) Pago 5 ANALYSIS (continued) mobile home space is not shown, but would also be by ordinance. A permanent screening device not less than five (5) feet in height is required on all sides of the park except where natural barriers exist to form all or part of such a screen or where roadways exist to create a traffic hazard, Residents of mobile home parks receive City of Denton curb side sanitation service in a canner identical to conventional single family residential f service. Technical requirements in both the existing and pro- posed Mobile Home Park and 'T'ravel Trailer ordinance can be sat- isfied. Recent escalation In mobile home park requests in the city, in the L.T.J, and in-between has forced the City Council, the Planning and Zoning Commission, and staff to evaluate this lanri use based on today's trends, and market economic and in- dustry conditions, Soon to be studied revisions to the existing Mobile Home Park and 't'ravel Trailec Ordinance is one response to this issue. Recently, there has been some discussion or. the staff lr~vel of recommending that sppecific mobile home park policies be incorporated into the llevelopment Guide during the annual updating process. In terms of land use planning concept, and criteria, staff teas suggested that mobile home parks and dwellings share characteristics common to both traditional single family and multi-family uses. Hobile/manuftictured housing is considered a form of diversified housing. Diversified housing that respects existing character is encouraged in all areas of the City Concentration is generally discouraged in any one area of town. Approximately twenty one (21) mobile home parks exist or have approved zoning in the City of Denton and its extra-territorial ;Jurisdiction of which approximately twelve (12) are located in the southern or eastern quadrant: of the City and E.T.J. The Sherwood Mobile Home Community (90-100 sites) is in existence along the south side of Page Road within 1000-2500 feet west of the site in this request. There is little question that this propose.' with a reasonable density of 5.33 units per acre (typical density is usually in the area of 6-7 units per acre) and numerous development standards will be. superior to older parks. The condition of Page Road is a valid question and this project E will obviously have some impact on traffic, but there is a great j deal of undeveloped property in this area that could impact Page Road, if developed, regardless of the type of land use. Mobile home park uses generate less vehicle trips than traditional single family development- according to national standards. Attractive single £ami.ly housing is scattered throughout this general area; some unattractive land uses exist in this area, also. (Case !'8-176) Pago o SUMMARY Teehnic al requirements of the City of Denton Subdivision Regulations and Mobile Home Park and Travel Trailer Ordinance can be satisfied and the overall densiti, of the proposed mobile home park is reasonable (5.3 units per acre). Page Road is a very narrow county road, but half of the road is included in a pending annexation and subject to perimeter street paving requirements. Once again, this is a development that began in the E,T,J, and was included in an annexation area after steps were taken to satisfy E.T.J. requirements for platting. The uncertainty of xinal zoning disposition after annexation is an obvious concern of the developer. Revision of the mobile home park ordinance is to be studied by the Planning and 'Zoning i Commission and the City Council on January 3, 1984. RECOMMENDA'T'ION In effect, there is no Planning and Zoning Commission recommen- dation for this item. The vote to approve 8-176 with the conditions below was 3-2 at the Planning and Zoning Commission meeting of December 14, 1983, A majority vote of the City Council is needed to approve this request. 1. City of Denton Mobile Home Park and Travel Trailev Ordinance requirements in effect at the time of final City Council. action shall apply to this development; ordinance requirements shall supersede any information or design shown on approved concept plan if any conflicts arise. 2. City of Denton preliminary and final plat (lot of record) approval is required before building permits may be issued; all normal standards apply unless expressly waived or varied by the Planning and Zoning; Commission and/or City Council. 3. Perimeter street paving requirements along the entire Page Road frontage of the property shall be imposed when the platting process begins. I! i 4. if site is not developed within four (4) years, the zoning E will revert to its previous agricultural "A" zoning classification. I (Case #$-176) rage 7 ALIERNA V VI:S 1, Approve petition with conditions. Appro%'e petition without conditions. 3, Approve petition with additional conditions, 4. Deny petition, 5, Tubte for future consideration. ATTAGIIIIIENTS 1 E 1. Aerial 2, Concept Plan 3. Property owner list j y. Reply [oral total 5, n anning and Zoning Commission minutes of December 14, 1983 je.rwrw ~l~t} i 1t 51 ~ 1 1 S All bow 1 \ 1 J ' )e' i + r 41 ~ I I . fl, w '~7vMh a~ ''C~1FF~l ly" P b x, .41 30 1 1 4 \ t rvr'~tr.r, 1^nu.c.,rt NIOt Vtl 0 lot, p1e.1 00,0 ".to VC I f .Y_ v,_._ W_~.~ fir/-o-.-.._ ~I BLOCK I 4/l At"$ r i 1 ~ htATIONIOFFICE rlECuue.el f - "LOON E l y . arK.ua nu •u.r~m i rl.o» L. __..-w. a. fl .e.rl I ..n-. } .1_._..-._ / it 1 ! - BLOM I , a .as o r 44 I ~iS~'3fSLp"tIN1AP.Q:.Qt y-__.._._. , KAI 14- I, rr.. It nALIEnonB PAGE ROAD MOMILE HOME PARK 1J 71LI fY AIAF' / . 1 n ~xc' c kjo t, y } rOL n y !l RA iY c 'S n N,1 ~ y 11 , I" PJ C' l IT r,„y l t J r. Edo PROPERTY OWNER REPLY FORMS + CITY COUNCIL 5-176 IN FAVOR IN OPPOSITION UNDR~CI,A_EA None Received None Received i Minut a Plann?ng and Zoning Commission December 14, 1983 Page 7 Mr. Juren left the meeting, R. S-176. This is the petition of W, J. Roddy requesting approval of a specific use permit for a mobile home park (197 lots with a typical size of 50' x 100') on a 36.96 (UNAPPROVED) I-35Ets©rvicecroad andradjacentyand50orth ofePageoRoade This property is currently located within the City of Denton extra-territorial jurisdiction (ETJ); however, final action on a pending annexation which may include this property is scheduled for January 3, 1984 Denton City Council action. The Planning and Zoning Commission will make a recommendation that will onlyy become applicable if the 36.96 acre parcel is annexed. Yf the property is not annexed Planning and Zoning Commission action will have no bearing on the use of the land because the City of Denton has no control over land use and zoning outside of the 6ity limits. Mr. Ellison explained that property is currently in the ETJ and is in an area proposed for annexation; final annexation action is scheduled for January 3, 1984. He said that eight notices were mailed to property owners within 200 feet of the subject site who would also be annexed into the city; no reply forms were received in favor nor in opposition to the request. Brian Burke, engineer representing petitioner, stated plan is for a 197 unit mobile home rental park. He said they were planning county type roads but it appears now that the property will be annexed so they will comply with mobile home ordinance requirements for streets. He fur- ther stated that Mr. Roddy will extend water and sewer lines whether property is annexed or not; that utility standards will be complied with, regardless. On question, he said they may go with county tyype roads if not annexed; they are not sure at this time. kie said they are in TP&L service area. Carla Rayzor and Joyce Howe, adjacent property owners, stated nice homes exist in area and advised that sewaV• is being dumped into ditches. They are concerned about t.zat; children fish in those ditches, also people come through the fence onto their property. Mr. Roddy advised that he recently purchased this prop- erty, that an old septic, system was in place which he redid. Ile further advised that not all property belongs to him. Minutes Planning and Zoning Commission December 14, 1983 Page 8 Mr. Ellison continued staff report statingg that the cityy has no policies addressing mobile homes, khat staff eval- uation is based on petitioner's desire or lack of desire to develop a mobile home park that meets or exceeds all City of Denton requirements. He continued that Mr, Roddy is proposing to extend Denton water and sewer to his site, he is not going to have a septic system. Interior utili- ties will be private and maintained by him. He said that developer will leave to improve one half of Page Road for a distance of 1200 feet if property is annexed as perimeter street paving ordinance will apply. He further stated that Page Road will be impacted regardless of this devel- opment as there is alot of undeveloped property and staff feels that development will occur in this area. He said that mobile home parks generate approximately 5.9 vehicle trips per day as opposed to approximately 10 vehicle trips per day for standard single family residential; that a 197 unit park will generate approximately 1162 vehicle trips per day. lie said that petitioner has submitted a site plan which meets both present and proposed mobile home ordinance and staff recommends approval with conditions. Chairman commented that if Commission voteg to deny this request and property is not annexed, a mobile home park can be developed on this property without meeting city rules and regulations; that if Commission votes to approve a s ecific use permit and property is not annexed, will still have a mobile home park. Mr. Watkins stated that staff has to assume the property will be annexed; otherwise, there is no need to go through this process. lie suggested that Commission determine whether this is appropriate land use for this specific location. Mr. Burke repeated that utilities will be extended, that this will be new construction, and that Page Road will be improved. In response to earlier comments, Mr. Ellison advised that mobile home ordinance requires a five foot solid screening fence. Chair declared public hearing closed. Minutes Commission Planning and Zoning December 14, 1983 Page 9 Mr, Claiborne commeat0d thatut the City C uncilattabledhthe last request for 4 ap park until the new mobile amisa ordinance is adopted. He said e felt this p ted the might want to whether r it should act and uugges table this request until such where the Cmajoritynofamobile with city Council. home parka are located. Mr. Watkins answered they are TJ or wit~tin city ion mostly in southeast section; either in F wants a concentrationeofumobileehome8parksthandCaskedswhat wants is the City Council's position. Mr, Pearson stated it was his feeling that the reason the mobile home parks are in that area is because of proximity to 1-35 and the Dallas corridor. Mr. Watkins advised that staff did a survey of 9 or 10 mobile home parks in the city to determine vacancy rata and it was 2 percent. Mr. Claiborne moved to recommend approval of S"176 subject to the following conditions: I 1. City of Denton Mobile Home Park and Travel Trailer Ordinance requirements in effiotorththe time of is developmental to City Council Action shall apply ordinance requirements shall eonceptede anifinformation or design shown on approved flicts arise. 2, City of Denton preliminary and final plat (lot of approval is required before building permits record) may be issued; all normal standards apply unless ex- pressly waived or varied by t the Planning and `Coning commission and/or city Council. 3, Perimeter street paving requirements along the entire Page Road frontage process the ropnersty shall be imposed when the platting 4, if site is not developed within four (4) years, the zoning will revert to its previous agricultural "A" zoning classification. Seconded by Mr. Fscue. PsCUe, Pearson Vote was called: Aye . Claiborne, Nay - Cole, LaForte Motion failed due to lack of four affirmative votes. PLANNING AND LOWNG COMMSS1ON Recommendation to the City ("ouncil. to: Denton City Council Case No. 4-1620 January 3, 1984 GENBRM, INFOMAIION Applicant: Jue Belew P. O, box 1188 Denton, Texas 76201 Status of Applicant: Owoer/Developer Requested Action: Amenclil),~nt to Planned Development (PD-50) Purpose: Development of a handball/ racquetball recreational. facility at a site presently designated for playground use. Location and Size: Ramsgate Apts, at 1407 W. Bernard (nortneast corner ` of Bernard and Lindsey) ANALYSIS planneu Development zoning for the Kamsgate apartment complex met with some opposition when originally proposed in February, 1983, L1,1r. James Gilbert, director of the Gumberland Presby- terian Children's Home expressed concern about children irom the proposed multi-family development crossing Bernard Street to play on their vacant property, The developer agreed to establish a small playground area in response to concerns of the children's nome. The planned development zoning request was approved in i'larcn, 1983, but no substantial playground development has occurred construction is near completion), Page 2 ANALYSIS - continued The petitioner is now cequosting permission to construct a handball/racquetball recreational facility for use b6 tenants of the Ramsgate multi-family community located at 147 Bernard Street, The Ramsgate multi-tamily community does acc6pt children, therefore, the approved playground at the site would probably be put to some use, However, given the proximity of the development to North 'texas State Unversity it is Conceiv- able that single individuals would constitute a major percent- age of the total number of residents, No figures or data is available to substantiate this theory. Both a playground and a proposed racquetball/handball court would be ideal, but that possibility does not seem to exist at this time. Planning and 4oning Commissioners discussed the need for a playground as opposed to the proposed racquetball/handball facility in terms of which would serve the greatest number of people. Some of the commissioners recalled the concerns of the children's home administrators and the tact that the playground was added in response to said concerns, Other commissioners felt that the developer should be allowed to provide recreational facilities that would attract the market that is being sought and serve the greater number of potential residents. REG0LvL4ENDA'r1W r Toe Planning and /,oning commission recommends denial of 4-1610 by a vote of 4-2, r s ---ALLT-ERNAr IVES 1. Approve petition with conditions, i 2, Approve petition without conditions. 3. Deny petition and require playground development. I ATTACHr iATS 1. Aerial 2, PO Site Plan I 3. Architectural elevations of proposed facility. 4. Property owner list 5, Reply Corm totals b. Planning and Coning commission minuCes of November 30, 1983 v 11r s 1l lQi lag Igo.. 1 p .,,dJ . to ` 15f . Y~ r Qlk -kip ' r. e f 'ry !k Q, AM 5. % ~ 1 ~ hr Q { 1 d 1 1 , 16 p~, x 0 ~ I I 1 ~ tl } ` YII 1 f I ~ 1 ' . 1 I 1 ~ 1 1~/ I \ 1 1} \1 1\ 1 1 1 I f \\~V♦ly 1 ll"tt S~ 1~ 1 1 I y%~ 1,• ` 14M ~ I~ t 1 1- r } r1 + 1. -F i 1!M 1 1 . / ~ ~ X44 e~ 1 1 .rw 1 1 ~1 1 1 e 1 - ♦~I X111 I 44,1 Laam +r~n+ _ic w*' r4lMIL 11J1Y. fU~y 2.1-1 ByITEpLAN i'~.y/oy',►o'y1111a~y~ rM1 •p1, ♦~1 Jul 4L 1~'♦a'~IWYIf'YyI>yyN,[ b KMMU IY.Kx ~M 2r1 ~♦~4 r W111MYC~ A ~MAJ v Y.~~YlI1t /4/11ffLf/g!ir q ♦411~Y 'e I I11. 41 I V'. 41 i li. ul yly •y I uII~W ~'~ryl Zilt '.1 li/'.IYnI. ,R1v yt oN. 11 rl II Mll 1 1. 1. 1. ih ~:e ..ru I 1.~\Il rlnlllb I~II~I r.~l ~'1 1y1(~' I1~,A I1 y4VIy.1. l~11V~ N~ lni1~ IGI t'nM1 nl Na. li ~ V IIY, ~I I1. + Inn. MIIl Y In ;J~r. ~Y14.rJ , dy\raWAT{aPLAN 117 A 1 r. InN GII. 1 ,1'1 MEXxANINE PLAN +,w'l ltll' , , . ~ ~'lf ..l. w f t II IMUNNO 8£CIION r I 4.S ann. "fd.i ii r' , etc =mss .iJt1 d~' f~ } I rtnr"~ i. f.i 4 T ^ ,A w 1v V ~ , fL0011nnW.Ay~N f I~~.v •'r ,r,yl i,H A~:~~417 Tom.. i`~i`'1.^.: :r. EAST ELEVATION --nom,- - _ --ter-. ) V1>,.~, r qtr C1t l - - *{Pr~1`" W, r~(!', lk. ir~.t ! ~'r: /ilsxstcc~•4s.~~.t _cvff:s.r--. ~-of I a~a"L'.{r`: i t q •r b i.v.• i. WEST ELEVATION „ , i Kocl tar, 1 Q. r 1~ ti1 ti ,'r X15 ~O r►4 C1 ti ~ L1 ~1r1 CC t~1 , 1 1F 1'1`i4t~ ~ ~'c~}c~ C a Cl m OA Q Il n~J51C~ r C~~ CX At, 1~ 1. .4... ~ ck p ck n J ly: -S c u D t,-~tvO > u r r, r r,~' (~j~r r1 n rl~ S' I ~ 1. j IjF .I r~ C 11~~ 1 -Te f'1 r cL. \ PROPERTY OMR'RZPLY FORMS CITY COUNCIL Z-1.620 IN FAVOR IN OPPOSITION UNDECIDED Joe Belew None Received P. 0, *Box 1188 Denton, Texas Ann Minton Route 1, Box 242A Argyle, TX 76226 P & z Minut(4s November 30, 1983 , Page 8 rIr. Sidor questioned if the commission shouldn't be able to see the type of construction planned for the duplexes and officas. Mr. Pearson commented that staff stated they have met city requirements Arid that people are now enhancing the construction and downsizing their units. Vote was called, motion carried 5-1 (Sidor). C.I Z=1620. This is the petition of Joe Eelew requesting an amendment to planned development (PD-50) to permit an appromimately 20'x60' handball /racquetball recrea- tional facility on a site present lyy appproved for play- ground use. Planned development (PD-50) is the site of the Ramsgate multi-family development which begins at the (UNAPPROVED) northeast corner of 'Bernard and Lindsey Streets. Mr. Ellison explained that 12 notices were mailed fo property owners within 200 feet of the subject property. One (1) 'reply form was received in opposition to the racquetball court because they felt the pro,je0t should provide playground area for children as was in the original planned development concept. No one spoke in opposition. Mr. Ellison stated there are children in the apartments but he does not have the percent, e, staff has no objections and recommends approval. Public hearing closed. Mr. LaForte'commented tie thinks the racquetball court would be more desirable to tenants. Mr. Sidor stated he thinks the residents that are older could drive to a racquetball court and thinks the playground is more desirable. Mr. Sidor made a motion to recommend denial of Z-1620, seconded by Mr. Escue. Mr. Pearson commented he feels that the developers are attempting to appeal to a certain kind of renter to their apartment projects and in this case maybe the racquetball court is the drawing factor. Vote was called, motion carried 4-21 (Lat'orte and Pearson), Charles Watkins left th4 Council Chambers at this time, PLANNING AND ZONING COMMISSION Recommendation to the City Council To; _ City Council ` Case No. Z-1623 January 3, 1984 f QENERAL INFORMATION Applicant; Marvin Morgan Construction Co., Inc. 2286 West Uak Street Denton, Texas 76201 Status of Applicant; Unknown Requested Action; Change in zoning from agricultural (A) to the planned development (PD) classi- fication purpose; Single family detached development on lots typically 6,000 square feet in size (60' x 100') Location and Size; 11.877 acres beginning approximately 130 feet west of Bellaire Drive and approximately 850 feet north of East McKinney Street Existing Land Use; Vacant Surrounding Land Use and Zoning: North - Vacant; Agricultural. (A) South - Single family, agricultural; agricultural (A) Fast - Single family detached; SF'-7 West - Single family, vacant; Agricultural (A) Denton Development Guide; Area is designated as low intensity, (Case #Z-1623) Page 2 ANALISIS This site is located in a low intensity area. The proposed single family detached land use in this request is consistent with development guide policies for low intensity areas. The minimum 6,000 square foot (60' x 100') typical lot size is i consistent with oxisting development. With exception of overall I I lot size, seCbacks, parking and other development features will conform with single family (SF-7) standards if the proposal is approved. Drainage is a major consideration in this area. The Planning and Zoning Commission tabled this request when it was first considered at the November 30, 1983 meeting. Fiore information I on the drainage problem was requested. The city civil engineers (Jerry Clark and Pablo Rubio) met with the developer's engineers and discussed plans for drainage improvements in the city's I Capital Improvement Program and specific ideas for drainage that are proposed in conjunction with the subject tract. A copy of the senior civil engineer's analysis of the drainage issue is attached to this report. Essentially, it appears that actions i can be taken during the platting and lot improvement stage to insure that this development does not significantly add to an existing drainage problem in the area that can only be rectified by a more comprehensive and far reaching response. RECOMMENDATION The Planning and Zoning Commission recommends approval of G-16'23 with the following conditions by a vote of 6-0: 1. Final plat approval and building permits shall not be obtained until adequate drainage solutions and facilities are approved by the city engineering department, 2. Development shall be limited to single family detached housing with a minimum lot size of 6,000 square feet (60' x 100' typical lot size). 3. Final utility layout shall be determined during; the platting stage. (Case /IZ-1623) Page 3 ALTERNATIVES 1. Approve petition with conditionso 2, Approve petition without conditions. 30 Approve petition with additional condition s4 4. Deny petition. i ATTACHMENT J 1. Aerial 2. Concept Plan 3. Memo from Jerry Clark, Senior Civil Engineer 4. Property Owner List S. Reply form total 6. Planning and Zoning Commission minutes of November 30, 1983 and December 14, 1983. - i ji 3 F ;may pro ,r QQQ `F d' 1 / y , l fur~A 1 i i►..ef..wvfr .•r'R S { :~i pyyq, r ~ . t F. • rjf i ~ "0.• k • 4 r , to wG7 (A116 INC 6231? f ( y U Yl IA la ~k I 'f~OVA9 Nit 1 14 Ira('o 2 I ~ru ua ou'txrrllcur'"~ t _ r ~:a ~ia+r Cn(10US llr(rV rN(V IloM I - I_ y 1 ~ ~i~; r!~ 1 [~Ir U Or Ure11 i(I(11r AI N.fAI I Hl Il I 1 -ct(l ~=~y-~'-t' 1 ~ ' a>ro rrA 1~r~ _ A}Ay)otw a IMr1 p I 4 0 1. ~Ch~_. _ GVC J ro~o .oW~N°M 36 1 nr5 PPASC r ~~1{ 20 LO T5 PHASE- IT ~~1$ylpeli l.If C 40011 - I r111 J II 1 )O TOTAL 1 C~T~3 s4 is~_.. III QyJ f} JI ~ j __j 1 r- - ac cx b r ~I1 _ P1.._ -_jkuCA" f ~_1~ ninav/H Atcsaa.tA Oenlen, Tr. 76201 raACY A Wntr<CI' ~.1ej V y 1 III ~ ~ ' 11[LIMtVAIty „(Ar ED WrV of DfNTON# rEXAS MUNICIPAL SOILD1N6 / DENTON, TEXAS 76201 / TELEPHONE (817) 566,8200 M E M O R A N D U M T0i David Ellison, Planning & zonning FROMi Jerry Clark, Senior Civil Engineer DATEi December 9, 1983 RHi 3entwood Plat Pablo Rubio and I had a meeting with Greg Edwards and Randy Jose' of Fields and Edwards Associates regarding the Bentwooo plat. The discussion was regarding drainage. The original plat came up for zoning on November 30, 1983. The main concern was the existing drainage problems on Hummingbird. This land has a pond that acts as a natural detention pond. Removal of that pond plus building of all these houses, I feel would greatly increase the problem on Hummingbird. Therefore, the tract should not be developed without some type of prevention such as the use of detention or otherwise. In the meeting, we discussed why we were concerned. At that time, they raised the point that Mr. Owen and Mr. Morgan were planning a joint venture. Phase I of the Bentwood project would strictly involve Joshua Street. if the developer elected to run the water to the east as it is currently going, some sort of detention or water design would be needed to insure that run-off would not exceed existing conditions. If the developer and engineer can achieve that, we feel that the development of the tract should cause no more problems than what exist. The existing drainage problem is the City of Denton's. Increases of that problem will be the developers dilemma. other possible solutions for the tract would involve runnning the drainage system to the south. Elimination of the pond would actually move the major drainage divide line to just west of Bellaire Boulevard. The drainage could be run down through a channel to the existing4 3' x 10' culvert that runs under McKinney. This was discussed as far as the channel down to trAe culvert and improvements of the culvert. This was listed strictly as another possibility. Greg agreed that this was a possibility and that ne would check out the feasibility of it. page 2 of 2 pages Zoning of the property in the manner requested will not create a problem if proper conditions are added which insure that Article 4,15 S, Subsection 6A of the subdivision regulations is considered when platting occurs, it proper drainage solutions per City of Denton requirements are not reached when platting is proposed, the final plat should not be approved, This basically covers our meeting that was held on December 7, at 1100 P.M. r Je ry Clark Senio,, Civil Engineer is #0192E 5 ! t~ 1~1 ro aU1 e. f 1 c, (3 T71" n , t (A f° fs~ 7 Goo r } r ~E I G Y- f 7 (fie. l _c1 t In I Vl- L ~ ~ ~ t n ilL 11 Yu, 7{, ~1+Y !o iil'4 I~ r ~ 1 a `1' a' ~ ' ~ rte . 1... , W e r f De n f 0 1 for _ ~ I I 1 (I / 1 J I v I f ~i ill ^ ~nfiJ 3rJ`r f <<i lJe~~ !or, r]baDl c-I ' j ('cI ~a to r e 6e 12 j 3 i r E. l J c~ Ye rk 1 I PROPERTY OVINER REPLY FORMS CITY COUNCIL Z-1623 IN FAVOR IN OPPOSITION UNDECIDED Lloyd F, Sanborn Lorene B, Belz 2015 Jacqueline 31,3 Bellaire Denton, Texas 76205 Denton Texas 566-3784 566-017 J. W, Burris 420 S, Carroll Denton, Texas 566-1104 P & 4 ASinute wovember 30; 1983 Page 9 D. z-1623, This is the petition of Marvin Morgan Construc- t"1on-Company, Inc. requesting a change in zonin from ablricultural (A) to the planned development (PD5 classi- fication on a 11.877 acre tract beginning approximately (UNAPPROVED) 1:30 feet west of Bellaire Drive and approximately 850 feet north of East McKinney Street. If approved, the planned development (PD) would permit a fifty-four (54) lot single family detached subdivision with lot sizes ranging from approximately 50'x100' (5,000 square feet) in size to approximately 65'x165' (9,750 square feet) in size. Mr. Ellison explained that 25 notices were mailed to property owners, one reply form was received in favor, two reply forms were received in opposition and two were received undecided. He clarified that the request is for single family detached housing. Marvin Morgan, developer, (Morgan Construction Company) skated he is petitioning for a change in zoning from a ricultural (A) to a planned development (PD) classification. The homes will range in size from 1074-1138 square feet of living area and have 3 bedrooms and 2 baths with 50% brick construction and will be priced under $55,000.00. He explained he is requesting 50 foot lots but would increase to 60 feet of frontage to have 6,000 square foot lots. He feels his development will enhance t'he area and increase property values. Wade Owen, adjacent property owner, stated he submitted a reply form as undecided but explained he is not opposed to the project. His only question is whether maybe Montclair and Bob-O-Link shouldn't be extended to his property due to the fact he plans to develop his property at a later date and would dedi,~xte streets to the city. Mr. Ellison explained the surrounding land uses and stated the area is designated as low intensity. There is an existing drainage detention pone that is causing some concern by the Senior Civil Engineer, Jerry Clark, and he is a little skeptical as to whether the petition should be approved until there is more time to review this problem. Besides drainage and lot sizes staff has no objections. Mr. Sidor suggested that the developer's show the lot sizes to be 6,000 square feet and maybe the street extensions of Montclair and Bob-O-Link on the plats. Mr. Ellison stated that the staff does not really favor .tie extension of streets and that staff could support the proposal if minimum 6,000 square foot lots are provided. P & G Minutes i4ovember 30, 1983 Page 10 Mr. Mor an said he would go along with 6,000 square foot lots and would prefer that the commission table his request at this time and he would change lot sizes and street extension and clear up the drainage situation and come back as soon as possible. Public hearing closed., Mr. Escue made a motion to table z-1623, seconded by Ms. Cole. Motion unanimously carried 6-0. "harles Watkins returned at this time E. This is the petition of Mr. M. D. Rike requesting a variance of City of Denton Land Development Code requiring the extension and improvement of one half of Houston Place and the extension of public water and sewer mains across the full length of a tract approxi- smately 94.8'x146.7' in size. The tract begins adjacent and west of 2322 Houston Place and approximately 400 feet west of Thomas Street. Granting the variance will authorize approval of a preliminary plat which proposes a cul-de-sac at the west termination point of Houston Place and extension of a 6" water and 6" sanitary sewer for a distance short of the full lot width. The property is zoned single family (SF-7) and single family detached development is proposed. Mr. Ellison explained that ten (10) notices were mailed to property owners within 200 feet, zero (0) reply forms were returned in favor, one (1) reply form •,ras returned opposed. Dewey Fields, engineer on the project, explained that Mr. Rike had bought this property for a retirement home, the land is developed all around and he feels this variance request should be granted. Marvin Morgan, owns land adjacent and south of the subject property, stated he didn't feel like the petitioner should have to put in the cul-de-sac as he only wants to build a home and it would be of no benefit. Tom Fouts (for Dr. Silva, a property owner on the west side) stated he also does not want a cul-de-sac. Mr. Ellison stated that granting a variance such as this one could set a precedence if approved. Public clearing closed. Mr. Escue made a motion to recommend denial of the variance request, seconded by Mr, Sidor. 'notion carried 6-0. Minutes Planning and Zoning Commission December 14, 1983 Page 3 Mr. Watkins left chambers at this time. B. Z-1623. This is the petition of Marvin Morgan Construc- tion `Company, Inc, requesting a changge in zoning from agricultural (A) to the planned development (PD) classi- fication on a 11.877 acre tract beginning approximately (UNAPPROVED) 130 feet west of Bellaire Drive and approximately 850 feet north of East McKinney Street. If a proved the planned development (PD) would permit a single fami~y detached development with a minimum lot size of 60' x 100'. Mr. Ellison gave results of the original mailout for this case as 25 notices mailed to property owners; two reply forms received in favor, four reply forms received in opposition and two undecided reply forms received. He explained that staff had no additional information, that petitioner has agreed to minimum 6,000 square foot lots and his new site plan shows a change in street alignment. On question, he said exact lot sizes will be shown on plat when it is submitted for approval. Marvin Morgan, petitioner, said that case was tabled because of lot sizes, because of streets not going through, and because of drainage. He said they have agreed to 6,000 square foot lots; their new site plan extends Montclair as well as Joshua, which gives two outlets for their development. He continued that his engineer met with city engineers and they are in agreement that he will run a drainage ditch to McKinney with however many culverts are necessary. He said the landowner in front of his property is willing to give him an easement. No one spoke in opposition to the request. Mr. Clark explained that a bend at the lower corner at Montclair acts as a natural detention, that removal of this pond and building houses would result in some water running down to Hummingbird where there is an existing problem. He said staff had asked the developer not to have any effect on Hummingbird and the area to the south. He advised that a 3' x 10 culvert exists under McKinney Street and waiver could be channelled to that culvert; if developer provides improvements agreed on, situation should be improved. He said that ono, property owner had created a small ditch which is helping to carry some water. Ms. Cole pointed out that some houses are flooding and asked what the effect on those houses would be. Mr. Clark answered that improvements should help where houses are flooding. Minutes Planning and Zoning Commission December 14, 1983 Page 4 Gre Edwards engineer for developer explained that con ours dram down from off Montclair; they have a tentative agreement for an easement to catch all runoff down to McKinne , then will jog over to the culvert. 19e said Joshua could be tilted so water would flow back into Montolnir. Mr. Clark commented that the city is trying to ensure protection of citizens so that a developer cannot create problems. He said that box culverts are a little high and are small, that city crews can extend ditches out to proper depth. He said that this development would do alot of good for alot of people if plan is implemented. Chairman commented that could be ensured when property is platted. Mr. Fisher stated that utility department's concern is that utility layout is not approved when site plan is accepted. He asked that this be understood by all parties; they do not want to get locked into utility layout at this time. Mr. Ellison continued staff report with recommendation that request be approved subject to approval of drain..ge solutions and facilities by engineering department, utility layout to be determined during platting stage, and minimum lot size to be 6,000 square feet. Chairman asked if petitioner understood staff's recommended conditions and Mr. Morgan answered that conditions were acceptable to him. Chair declared public hearing closed, Chairman commented that staff had worked with petitioner and now had a good arrangement. Mr. Escue moved to recommend approval of z-1623 with the following conditions; 1. Final plat approval and building permits shall not be obtained until adequate drainage solutions and facili- ties are approved. 2. Development shall be limited to single family detached housing with a minimum lot size of 6,000 square feet, typical lot size 60'x100'. 3. Final utility layout shall be determined during the platting stage. Seconded by Mr. Juren and unanimously carried (6-0). Mr. Watkins returned to the meeting. NO, AN ORDINANCE AMENDING TUE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE C01E OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1t AND AS SAID MAP APPLIES TO APPROXIMATELY 114877 ACRES OF LAND OUT OF THE M, YOACHUM SURVEY, ABSTRACT NO. 1442, DENTON COUNTY, TEXASS AND MORE PARTICULARLY DESCRIBED HEREINs AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS! SECTION I, The Zoning Classification ahd Use designation of the follow- ing described property, to-wits All that Certain tract or parcel of land situated in the M. Yoaohum Survey, Abstract 1442, in the City and County of Denton, Texas, being 11,757 acres of two tracts described in a deed from Wilson to Troy Walker dated April 14, 19530 recorded in Volume 386, ,,age 298, Deed Records of said County and being more partioularly described as follows, BEGINNING at an iron pin at a fence corder at the northwest corner of the first tract in said deed said corner being also 1.18 varas east and 203 varas south of the northwest corner of said Yoach4m Surveys THENCE south B8436130" east with said fence 523.15 fence to an iron pir, at a fence corner at the northeast corner of said first traots THENCE south 2020' west with a fence on the east line of said first tract 1190,94 feet to an iron pins THEWNCE north 86051130" west and crossing a west line of said first tract which Js the east line of said second tract 288.58 feet to an iron pin in a fences THENCE south 21135130" west 654,77 feet to a corner in the center line of McKinney streets THENCE north 70053' west with the centerline of said street 78.86 feet to the southwest corner of said second tracts THENCE north 2035130" east 1572,55 feet to an iron pins THENCE north 87423140" west with a fence 172.U feet to the west southwest corner of sad first tracts THENCE north 4627110" east with a fence on a west line of said first tract 237,24 feet to the place of beginning, containing in all 11.877 acres of land. is hereby changed from Agricultural "A" District Classification Use to Planned Development "PO" Uistrict Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas with the following conditions and specifications, Z-1623-PAGE ONE 1, Final p1at approval And building permits shall not be obtained until adequate drainage solutions and facilities are approved, 2. Development shall be limited to single family detachod housing with a minimum lot size of 6,D00 square foot, typical lot size 601400' 3, Final utility layout shall be determined during the platting stage. The zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Coco of Ordinances of the City of Denton, Texas, under Ordinance No. 69.1, be, and the same Is hereby am4,nded to show such change In District Classification and use subject to the above conditions and apecifioatlons. SECTION II. That the City Council of the City of Denton, Texas, hereby finds that such change is in acoordanoe with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City 0 Denton, Texas, aqd its citizens. SECTION III. That this ordinance shall be in full force and effect immediately after Its passage and approval, the required public hearings having heretofore been held by the Planning and zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the day of , 1984. RICHARD . ST W RT, MAYOR CITY OF DENTON, TEXAS ATTEST, CHARLOTTE , CITY SM92TARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMI C. J. TAYLOR, OR., CITY ATTORNEY CITY OF DENTON, TEXAS BY - I z-1623-PAGE TWO • , 1 .ill ~ ~ N'C'~1Qy ~10MI~U I~IC" i 111 i i J_ \ ~ a2a e I ~ yl 1-4 h VIA II l~ ~ ` _ 1I1 tie 4 tU UR tl[vtcb K[Nf"' I Y r ~ e W ~ J I+ E I ''Af( COMpyM IIMff1` fIIOM I r ~.+Y. _ ~ > > i1TY Of M4YW 1=40WA 11 y1 1! I I -y~`~j~!~/~•, MAf OIftO Pill Iffl F-i:u (}51( i- O 1 ~~VKR•y~~. w f ~en°M~D iM i yt'. 1 3G I l.i,r5 PHASE L' t»A57rc 1 E /a b plJ. I 20 LOTS PHASC Jr L 'IAA - } PN' 004 w. 06K A r \ Itd'fD AeIK U,L n_A'[ ~ tRACV A WALNCIC STALE ~ I AM' nemosCR l,1bM'J I I 0,40,11MIvAA-v MAP ' z~ CITY of DAW4N, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76101 TELEPHONE (817) 566.8200 December 15, 1983 Mr, Charles B. Wood Executive Director Texas Economic Development Commission 410 East 5th Street Austin, Texas 78701 Dear Mr, Wood; Please be advised that the City Council of the City of Denton scheduled, and will put on its agenda, a public hearing for January 3, 1984 at 7:00 p.m. to be held at City Hall in Denton, Texas, to consider the designation of an area as an Eligible Blighted Area, pursuant to the Rules of the Texas Economic Development Commission for issuing industrial develop- ment bonds, This notice is submitted to comply with the Rules of the Texas Economic Development Commission regarding the Establishment of Eligible Blighted Areas. Si~cer l , Chris Hartung 4 City Manager EXHI13 IT A The area proposed by the City of Denton to be desig- nated as an Eligible Blighted Area is; bounded on the west side by Ft. Worth Drive bounded on the south side by 1-35 bounded on the east side byy Meadow-Myrtle Drives bounded on the north side by the Daugherty Street and Myrtle intersection. 15G4M NOTICE OF' MLIC MARTNG Notice is hereby given of a public hearing to be conducted by the Denton City Council regarding a proposal to designate as an eligible blighted area certain pieces of property along Fort Wortli Drive. All parties desiring to do so should attend the public hearing and express any comments they have regarding this proposal at the public hearing to be held at 7;00 p.m, on January 3, 1984, in the City of Denton at Denton City Hall. December 23 6 290 19831 Publication Dates Denton Record-chronicle r JOE B. G.ARZA PaorRSSIONAL CORPORATION ATTORNEYS AND COUNSELORS 9420 LpJ FREEWAY 1290 TWO LINCOLN CENTn C. LO M81 DALLAS, TZXAS 78040 CABLE 0An2A PHONE 214 .977 1900 TELEX 73 •0707 WATS 1800.442.70410 December 28, 1983 Mr. William McDonald Denton City Hall 215 East McKinney Benton, Texas 7620104 Re: Designation of Eligible Alighted Area. Dear Mr. McDonaldi Enclozled please find the Resolution designating certain areas along Fort Worth Boulevard as an Eligible Blighted Area. In addition please find the additional documents which you requested. Nolan Brown and Fred Lowe are requesting that the City of Denton designate areas of Fort Worth Roulevard as Eligible Alighted Areas so that they might obtain industrlol revenue bond financing of a commercial project. The designation of an Eligible Blighted Area Is the necessary first step In obtaining the bond financing. Mr. Brown and Mr. Lowe expect that the project will employ approximately five Individuals directly and indirectly will add to the employment of Denton since the project will contain approximately 8,000 square feet of office space which means a minimum of twenty offices for new businesses. If you have any questions please feel free to contact me. Very truly yDours, ~ ndy G.. RGScaw Enclosures 0 UT -tat ii ~ r 1 I':Ila IY (1.'H1F:l1EaY1il__-_... I g~ (L II f ` uliw 7 ' }I < YEClfl J~ ¢i ei 11 I,- I, M-[ - _-I r : C_:1L._.7~.~ yyff ~ ruw.te~ ~~e1.!~7 . ----------'---.F - _ qC]p F1 EA r_~7.7~a~4~ /1_. .7C~OC~DQ nl Cf~ _ _ ~~ilL_ EA _ ~ N ~ Xctl- , F-_ r j~ C] ~ E'_ tVIAIA__~ C a~a-C d . 5 h % ocN.l~o Af to \ i 1 7~ \':V--l-ia-eMMIl1J i \ "N~°I}~ * Aft?q Black 1c 41~e (}o~;cs~1 V4 I, v rI 91~ i S 1 {ff /i51~ ~ I ~ ~ I A G ' ,•~•~a ~ gOOQrto 44 2~ WAK Q8S X91 I 4.3 P r\ 4.4 ----N V~IJi~rAI~A V ~77, a. . . ♦ r ! f $1f SIN, , ,1 - 41 1.4 % 1.6 9 1,7 rN. 11 ~ ~ A ~\\l~ \ \ Y4 \ INM x Al s Z \ I~ x 10 t4 15 \ x` \ \ 4 tcoj ~ r too, .Z y,vVlt".. 14 Gar 1't!. ,tx fl b ACCA,d' itn`r.criu" J!•li,.~ 1!•/ rp '+ti 1 lr 5G41.C d,.,.,•%,.. t N• ~-1 C~wtir°•s /a1~,~cke,~ pricks.. H i W ~ Mr, Chris Hartung, City Manager City of Denton, Texas Municipal Isililding Denton, 'texas 76201 Dear Mr, Hartungs l am a property owstier in the vicinity of tho 500 block of Fort 14orth Drive in Denton, Texas. I understand there is a henring proposed for the .Iaauary 3, 1984 meeting of tho City Council of the City of I)entonI Texas, to deaignate as a "blighted area", certain properties in the vicinity of the property 1 own. I MA writing this letter to declare my support for the "blighC04 area" designation, 1 036 ! ~c r-rs My propor.ty is described as follows I-ee 1 will appreciate your support of the proposed designation. Sincerely, Signature 410 A0 ,6r ra ~vn- 49 ✓r, r( " Name printod Hniling Address Phone No. Mr, Chris Hartung, City Manager City of DoUon, Texas Municipal Building Denton, Texas 7620L Pear Mr, Hartungi 1. am a property owner in the vicinity of the 500 block of Fort Worth Drive in Denton, Texas. 1 understand there is a hoaring proposed for the January 3, 1984 meeting of the City Council of the City of Denton, Texas, to designate as a "blighted area", certain properties in the ,W ini.ty of the property ] own, L am writing this letter to declare my :support for the "blighted area" designation. My property is described as follows t , D e-C!s - / I will appreciate your support of the proposed designation. Sincerely, ignature Ncimcll printed Mailing Address phone I4o. T . (3 Mr, Christ Hartung, City Manngar City of Dantou, Texas Muuluipfal Building Denton, Taxes 76201 Dear Mr, Hartung; I aw a property owner in also vicinity of the 500 block of Fort Worth Drive in Denton, Tetras. I undorst;and tharo is it hearing proposed for the .Innuary 3, 1484 meeting of the City Council of the City of Denton, Texas, to designate as a "bAighted area", certain properties in the vicinity of the property I own, I ant writing this letter to declare my support for the "blighted circa" designation. My property is described as follows t I will appreciate your support of the proposed designation. Sincerely, Jv Lam/ ~~w^ ignaturo Name Printed Dk~iling Address 2Ca/5 Phone No. Mr, Chris ltar=30 City Managor City of Denton, Texas Municipal Building Denton, Texas 76201 Dear Mr, Hartungl I run a property owner in the vicinity of the 500 block of hart Worth Drive in Denton, Texaa, I understand there is a hearing proposed for the lnnuary 3, 1984 meeting of the City CeuMil of the City of Denton, T(.xns, to designate as a "blighted area", certain propertios,ln the vicinity of the property I own. I am Smiting this letter to declare my support for the "blighted area" designation, My property is described ns fot.lowas r WSJ C _ l~% JFU~ , I will appreciate your support oC the proposed designation. Sincerely, 5 hat •o Nw)ic printed Cn, n g~Address Ma311 3 -Z phone No. N E m o R A N U U M DATEt December 29, 1983 Tot C, Chris Hartung, City Mannger FR%jI r Elizabeth Evans, Planning Intern SUBJECT; Establishment of. Slighted Area The construction of Interstate Highway 35 East and U.S. Highway 377 has resulted in physical stress to the neighborhood designated as 22. This neighborhood is bounded by I-35 Fast, Dallas Drive, Eagle Drive and Bernard Street. The retail/commercial land uses on Fort Worth Drive (Highway 377) consist mainly of service stations, convenience stores, restaurants and clubs, These uses can be. considered as secondary commercial uses because they typically pay lower rents and the owner is unable to adequately maintain the buildings. The primary commercial uses which pay higher rents have found more lucrative locations. Additional development of secondary commercial uses could be detrimental to this area because of the economics of secondary commercial uses. It is felt that more diversification of the land uEe in the Fort Worth Drive area would help to reverse decline of this retail/commercial area and privide ;fobs in an area with a very high concentration of low and moderate income residents which may help inhibit the decline of the housing stock in this area. Exhibits; 1. Tract map showing low/moderate income 2, Selected characteristics of the neighborhood Er,:lc % 1 IIII/II'Otto ~ I /7% M 205,01 ■ /IM1yy i .:V. 45% lot to Z7.6% I+II • l . wl» + + 205.02 r wr N .V r ~ ~i r 204,02 1 { 1 Q0,t11111111opt { 1{~N{{C~St;Yj1, 1j1 111111111' 37% {Ifl r RO' ~ {I11f Ill: /11N 11I • `I .11i1f111s1111t111 1111lfill 111111IHIL1/~ S 20601 Sr~f► J Jr 8 Ia r { ~ 7 r w ~ ~ ~ ire w 204,C3 51.5% 6 " Vt+ s 206.02 M L y ►r O 1/1111111 lots: ' 11111{tttl{ldlill,".1l1111l 111!!!lllltl,lfllllllllll • ' j 207 Deli a? Q% " 6111 It1111i1~ii~ii~i1Xi 11r1rrlll/+rl ' 1111111 r 111111 HICKORY It Ito 1111" Iu.1111111j Is , r I. r Irlll 210 ll~ 72% 1/aJ,ol : ■ I ` . b ■ ~.~u: cR 212 4.5 A r 206 r , ' 411 n t t 1 r t 1 t - • ~ t ~ ~'~4°" I ■ ~I r~ / r ► r ~ r • 1 r r r J ~ 1. Area previously design ted Blighted A ed 22 _ .r1rt\~ 1 1}"~V VOr CL [Nco ES LESS I Ht,N S 7500 L ~i, , ~r. r..•.. ■r i' i .ia C Q .!•ir C ..2 ~7,L. i..: +i. I !~Q V'V Y y ~tlllttl lilt 111111lI111J11tl1li111111Illfll. S ` Q X11111111}111111111{: C G r , r. ^ SU S I rJ 1 "lItYC1lrtrrlrti Neighborhood 22 Selected Characteristics Total Population - 488 Total Housing Units - 207 Owner Occupied Housing Units - 91 Renter Occupied Housing Units - 84 Vacant Housing Units - 32 Housing Units Lacking Complete Plumbing Facilities - 9 Number of Households 175 Household Median Income $10,284 Number of Households With Income Less Than $12,499 - 99 % Households with incomes Less Than $12,499 - 56,5% S Households with Incomes Less Than $17,500 - 74,2% Median Value of Specified Owner Occupied Housing units - $27,500 Median Contract Rent of Specified Renter Occupied Housing Units 4 $174 0077a ab ?a Gil'Y COUNCIL AG@AOA BACK-UP SUMMARY SHEE;I i i MEETING UATE: January 3, 1984 SubJECi': Adoption of a,, ordinance and service plan annexing approximately 1014,4 acres of Lana located south of Highway 380 and west of I-35, (Z-1b1U) SUMPIARY: Adoption of the accompanying ordinance and service plan will finally accomplish annexation of this property. ACTION REQUIRED: Prove to adopt the ordinance and service plan. ADOP'TIUN REgUIRES SIX (6) AFFIRMATIVE; VO'L'ES, AL'rERNAI'IVES: 1. Move to adopt ordinance and service plan, Z. Disapprove ordinance and service plan. 3, Table for the purpose of reducing the size of the area to be annexed, SOURCE Of FUNDS: Departmental budgets RECOMMENDATION: The Planning and Zoning Commission recommends approvaL. EXHIbIls: 1, Ordinance 'L, Service Plan 3, Map Charles Watkins Senior Planner I NO. AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY Oe DENTON, =AS7 BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIiMTELY 1014.4 ACRES OF LAND LYING ANU BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE B.B.B. 6 C.R,R, Co. SURVEY, ABSTRACT NO. 192, 'A. BRYAN SURVEY, ABSTRACT NO. 148, J. PERRY SURVEYi ABSTRACT NO. 1040, A. COBERLY SURVEY, ABSTRACT NO, 1542 AND THE J, SCOTT SURVEY, ABSTRACT NO. 1222, DENTON COUNTY, TEXASI CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY) AND DECLARING AN EFFECTIVE DATE. WHEREAS, the request for annexation was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of the City of Denton, Texasj and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the /1* day of Oe y., br, 1983 in the Council Chamber for all interested persons to state their views and present evidenoe bearing upon the annexation provided by this ordinance) and WHEREAS, an opportunity was afforded, at a public hearing held for that. purpose on the / sr day of. ; r , 1983 in the Council Chamber for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance) and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAIN i SECTION I. That the hereinafter described tract of land be, and the same is hereby annexed to the City of Denton, Texas, and the same is made hereby a part of said City and tae land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of said City and snail be round oy the acts and ordinances of said City now in effect or which may, nar?after be enacted and the property situated tnerexr. mall be 5ubjeCt to and' Shall bear its prcrata part of t'ha taxes levied D;' the City. The tract of Jana nereby annexed is described as follows, to-wits All that oertain tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the B,B,B, & C.R,R. Co. Survey, Abstract No. 192, W. Bryan Surveyy, Abstract No. 148, J, Percy Survey, Abstract No. 1040, A, Cooerly Survey, Aostraet No. 1542 and the J, Scott Survey, Abstract No, 1222 and being more particularly described as follower BEGINNING at a oint in the present city limits as established by Ordinance No. 9.28, said ;>oint being the intersection of the north right-of-way line of Jim Christal Road with the west right-of-way line of the (3,C, & $,F. Railroadl THENCE south 89436110" west along the nort9 right-of-way line of said Jim Christal P,oad, same being said present city limits, a distance of 648,3 fast to a point for a corners Y THENCE north 21451' west along said present city limits a distance of 748.`. feet to a point for a corned THENCE north 68009' east along said present city limits a distance of b00 feet to a point for a corner in the went rignt-of-way line of said G.C. & S.F, Railroad; TH'34CE north 21651' west along the present city limits as established by Ordinance No. 65-43, same being the west right-of-way of said G.C. & S,F, Railroad a distance of 2928.15 feet to a point for a corner, said point lying 300 feet south of the centerline of U. S, Highway 3801 THENCE north 88050' crest along the present city limits as established by Ordinance No, 69-40, 300 feet south of and parallel with the centerline of U. S, Highway 380, a distance of approximately 2931,11 feet to a point or a corner; THENCE south 0001114" east along the present city limits as established by Ordinance No, 79°83, a distance o4 218,08 feet to a point for a corner) THENCE north 88°45'55" west along said present city limits a distance of 300 feet to a point for a coenerl THENCE north along said present city limits a distance of 2.3,67 feet to a point,for a corner; THENCE nor'sh 88450' west along the present city limits as established by Ordinance No. 69-40, 300 feet south of and parallel witn the centerline of U, S. Highway 380, a distance of approximately 1567,11 feet to a point for a corner; THENCE soutn along the present city limits, as established by 3rdinance No, 82-52, 1250 feet east r,f and parallel with the centerline of Underwooo Road a aistance of approximately 3700 feet to a point for a corner said point lying in the centerline of Jim Cnristal Road1 THENCE westerly along said present city limits name being the centerline of Jim Christal Road a distance of approximately 125 feet to a point for a .ornerj ...,.'t i1'; :Ge 1)r etie`, JS _ -C. aA,-isi'.eu . THENCE east along said present city limits a distance of 6099 feec to a point for a corneri THE14CE north along said present city limits a distance of 3972.0 feet to a point for a oorneri THENCE north 39°36110" east along said present city limits distance 0 305 feet to a point for a corners THENCE north 21151' west along too present city limits it eotablished by Ordinance No. 65.43 a distance of 32.5 foist to tr_e place of beginning and containing 1014.4 acres of land, more or $Sa. SECTION II. Too above described property is 'nereby classified as Agrtc:i- tural "A" District and shall so appear on the offioial zoning nap of the City Of Denton, Texas, wnich map is hereby amer.aed accordingly. SECTION 111. Tnis ordinance shall oe effective immediately upon its passage. Introduced before the City Council On theZAj day of 19~. PASSED AND APPROVED by the City Council on the da; of 19~ RICHARD 0. STE A T, MAYOR CITY OF DENTON, TEXAS ATTESTt CHARLOTTE ALLEN, CITY SECRETAR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMt C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS . PLAN OF SERVICE FOR ANNEXED AREA CITY OF *TON) TEX S WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an are,, and ILMREAS, 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, TMAS ; Section 1, Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service; I, Basic Service Plan A, Police (1) Patrolling, radio responses to calls, and other routine po"ice services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards, •B, Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on *he 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.)6 of appendix A of the code of the City of Denton, Texas. D. Se~tiPer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 131.06 of appendix A of the code of the City of Denton, Texas, E, Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation. Service Plan Annexed Areas page vwo F, Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc,) will begin on the effective date of annexation, (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation, (3) Reconstruction and resurfacing of streets, 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 cite (building, electrical, plumbing, gas, housing, sanitation, etc,) will begin in the annexation area on the effective date of annexation, H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation, City planning will thereafter encompass the annexed area. I, Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J, Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation, The same standards and policies 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 0 Annexed Areas page three L, Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation, 11, 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- 11nes 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, • • * a y hlr• • r • ro 1 Rd iod ck Rd, r . a a A. • ± y Branch Rd I • ! o i ~j 1 • 3.6 FA$ DENTON II ° ' \1 • • ij • 'POP 39,174 I KRUM a l: i I POP 454 • A J •1~~ • I t p l M J a c k ion Rd. * Rd •4 w 1 s 'I ' - Sa ~ ~ ~ o ~ as , 6 1\ • • . I ! .f • J r A • • » n pn 01 84 1. ~ N .~fV i C n .h.. z,` i ~JIn+jChrittol 'Rd ~ T. N. 6kiI$& Rd u .Odle- //I' T. .Skil d or'fe AS 'I 1y Ski le Rd Tom • C 0 I e ~f \ d. 1f . 2 1515 r / ` ~ ~•.~x4i E O S~rll1 vs Id CPO! 004 1 -71 • J J • / iRos Gom. Old. Col 0 FAS i ~A a Jk a z~tZ 64 Cr 7445 8o Bra Rd + / M. L Ivel Rd , e r • _ 3 r 'o y• Llvcl Rd-. j ~ oly `~'a f ~ ~ ~,--ee~,~.'Lonna • \ PCr . r l c m , Ryon R d L: w I Q " c { ! 1 Corr rr JA lired 1~ J'` r+a Hl ckor Y Cre•1 PILOT KNOB apa.! rBrush:.$+aelpd~- 838' !Johnson n P~\ ry5,, , lord Rd • , NORTHLAKE • rF M►''• ; ;1 a POP ?0 cH o G ► e / y Crowlord Rd. > r: o ♦ o~'~~'-9Y'~ . JJ +o'~~ I • r ~2~ j ; eoll Ar C14Y COUNCIL, AGENDA BACK-UP SUMMARY SHEEP Af4TING DATE; January 3, 1984 8L;ilJECT: Adoption of an ordinance and service plan annexing approximately 43,9 acres of land located west of 1-35 west and south of the existing: city limit line. (4-1611) SUMMARY; Adoption of the accompanying ordinance and service plan will finally accomplish annexation ui chis property. ACTION REQUIRED; Move to adopt the ordinance and service plan. ADOPTION REQUIRES SIX (6) AFFIRMATIVE VOTES. ALTERNA'T'IVES; 1. Move to adopt ordinance and service plan. Disapprove ordinance and service plan, 3. 'fable for the purpose of reducing the size of the area to ue annexed. SOURCE OF FUNDS; Departmental Budgets italOMMENDA'CION: The Planning and Coning Commission recommends approval. EXHIBITS; 1. Ordinance 2. Service Plan 3. Map 7 Charles Watkins Senior Planner r~ 1 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS) BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 43,9 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE 0, BREWSTER SURVEY, ABSTRACT NO, 561 DENTON COUNTY, TEXAS) CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY? AND DECLARING AN EFFECTIVE DATE. WHEREAS, the request for annexation was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of the City of Denton, Texasl and WHEREAS, an opportunity was afforded, at a public nearing held for that purpose on the day of 1983 in the Council Chambers for all Interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance) and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the . t day of 1 , 1983 in the Council Chambers for all interested persons to stato their views and present evidence bearing upon the annexation provided by this ordinance) and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSr SECTION I. That the hereinafter described tra.r of land be, and the same is hereby annexed to the City of. Denton, Texas, and the sane is made hereby a part of said City and the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of said City and anall oe bound by the acts and ordinances of said Crty now in effect or which may hereafter us enacted and the property situated therein shall be suo)ect to and shall bear its prorata part of the taxes levied by tr,e n ty, Tne tract of land hereby annexed is describeD as :G;: C•v5, to-wit: All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the 0. Brewster Survey, R.bstract No. 56 and oeing more particularly described as followsl BEGINNING at a point in the present city limits said point lying at the intersection of the west boundary i.ine of the tract described in Ordinance No, 69.40 with the southeast Corner of the tract described in Ordinance Nor 80.56, said point also lying 500 feet west of and perpendicular to the centerline of I.H. 35 1 THENCE south 22°01'02" west along said present city limits as established by Ordinance 69-40 and 500 feet west of and parallel with the oenterline of I,H.35W, a distance of 1427.56 feet to a point for a corner in the south boundary of a tract described in Volume 725, Page 365 of the Deed Records of Denton County, Texasi THENCE north 89038130" west along the south boundary line of said tract a distance of 1208.37 feet to a point for a corner, same being the southwest corner of said tracts THENCE north 2142' east along the west boundary line of said tract a distance of 1322.74 feet to a point for a corner in the present city limits as established by Ordinance No. 80-671 THENCE south 89049' arst along the present city limits a distance of 1681.22 feet to tie place of beginning and containing 43,9 acres of land, more or less, SECTION II. Too above described property is hereby classified as Agricul- tural "A" District and shall so appear on the official zoning map of the City of Denton, Texas, which map is hereby amended accordingly, SECTION 111, This ordinance shall be effective immediately upon its passage. Introduced before the City Council on the,?4Wday of , 19-0. PASSED AND APPROVED by the City Council on the day of i9- MUM) 0. S EWAR ' MA OR CITY OF DENTON, TEXAS ATTEST, CHARLOTTE ALLEN, CITY SECRETARY i 1 : Y OF' DE:VMN, f XAS lAY LJKr ~h., d'RNET I PLAN OF SERVICE FR ANNEXED AREA CITY OF DITON, TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on•a map of the proposed annexation, NOW) THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; Section 1, Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service; I, Basic Service Plan A, Police (1) Patrolling, radio responses to calls, and other routine police services, using present, personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installe:i as the need therefore is established, by appropriate study and traffic standards, B, Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation, C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 13.06 of appendix A of the code of the City of ,Denton, Texas. D, Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 11.06 of appendix A of the code of the City of Denton. Texas, E, Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of 'annexation. Service Plan Annexed Areas Page two F, Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc,) "Fill begin on the effective date of annexation, (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation, (3) Reconstruction and resurfaaing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city, C•, Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area . on the effective date of annexation, H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation, City planning will thereafter encompass the annexed area, 1. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc,, on the effec- tive date of annexation. The same standards and policies 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 0 Annexed Areas page three L, NSiscel.laneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation, 11, 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. u b '1 1 ~ :►Y ~i /,fi, .r rt. 'r~ 1'~ r 1 ~ , 1»a!'~ . ~r ~ .lam er , ,1•: 1~ Y Z r~,!Ir 1 r / ~ ~ r 1 t 11 w..1 f ~ ' II v6•t"4 y/ j : i . +iKl . . rli; ~ t r AIRPORT RD ..,z>:.•.:~.1 r .1* f---- ~ RN'a 1R141Y ~T' , ~w4.. u~~~~`I~~ i ~ , , n Lr4,., ..V„1 } r•' / ' rl • Q rU t~~' 1~ 1~4;i,♦~4 ~•1J~.~Ih~~{,,), 1 1. r .~/11~ !aa Vr V4 4 '1 • 1/1: r , ,r,r. d.i t' \ `r ql M r d ,tom ~ ~ .1 ,yr••7 r y 1?' I.t r!4 1 • ~'~'t~r, ~ 1;j 1~ ' • ~1_ r. ri ~ ' r~t 1 ~1r ~,+N 1.'•, f •"r' ~.aY4..t11 I ~ ` 1;~M. r 1 i- , 1 • 'l ~V~T.I jlry, ~r.'•~~♦i, '~~,:~r rf•1 ,1 r / ~5, 'y 11 i~4V ~l. Qlf r, 1. rl lc f tll rr'~(~ y 1 Ir' r.x • , loll { Lam. ~ 1~r '~ti 11 1 ~ r \r 1 I ,I..'.1 r r '1 11() 1 Uy~ ~ ~ ~ 1 i '-?,~?.y 1 r .4 r 0 :Wk I~il`~II~R- ~ t''l r: r x' l•)4~1 .t{ 41 ~ ~ fJv{'• '~.~y~~n4. 7{ 1+'.. \4' , 1 , 1, ~yy I y ~~,,r' l 1 n ~rl fff~~~ 4 1.'VS~a, r14. 1.'117 v- l S , If, i~ nn •,..~1 W ~.i 7,.,M V4 'rwy~~F(4? y~~'r ^ ~'n f ~ 4y t r ..4+, y v?r,14 'IRV. '~,M/~~.. 1~ IY~ . ~~j ~!rl ~r •rr 1 r l' t,,: If III of `i.4 p.l~' 1., l'y 1\1':• ff~'j 1 •n i 1~ /l1 I.. 'i r 1 ''~l Ir 't, `,fir. h. IN ` ~'Mrs1+► L• t <I i f 4 4y`r rL •~S ! 1 / 1 ~ G. CITY COUNCIL AGENDA t3ACK-UP SUMMARY SHEET iH&EiING UAIE; January 3, 1984 SUBJ6Ci: Adoption of an ordinance and service plan annexing a proximately 367 acres of land located be en 1.31 west and the Santa Fe Railroad, kZ-1612) SUMMARY: Auoption of the accompanying ordinance and service pi.an will finally accomplish annexation of this property, ACTION REQUIRED: Move to adopt the ordinance and service plan. ADOP'T'ION REQUIRES SIX (6) AFFIRIAA'HVE VOTES. ALIERNAI'IVES; 1. Move to adopt ordinance and service plan. 2, Disapprove ordinance and service plan. 3. 'Fable for the purpose of reducing the size of the area to be annexed. SOURCE OF FUNDS; Departmental Budgets RECOMMENDACION: Tne Planning and Zoning Commission recommends approval. EXHIBIIS; 1. Ordinance 2. Service Plan 3. Map Charles Watkins Senior Planner NO. AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACEVIX TO THE CITY OF DENTON, TEXASI BEING ALL THAT LOT, TRACT OR PARCEto OF LAND CONSISTING OF APPROXIMATELY 367 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE 0. BREWSTER SURVEY, ABSTRACT NO, $6, A. THOMPKINS SURVEY, ABSTRACT NO. 1246, A. HICKMAN SURVEY, ABSTRACT NO. 321 AND THE J. EDMONSON SURVEY, ABSTRACT NO. 400, DENTON COUNTY, TEXASI CLASSIFYING THE SAME AS AGRICULTURAL 'A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE. DATE. WHEREAS, the ruyuest for annexation was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of the City of Denton, Texas; and WHEREAS, an opportunity was afforded, at a public nearing held for that purpose on the y.✓"' day of le L0 e.~ , 1983 in tno Council Chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinances and WHEREAS, an opportunity was afforded, at a public nearing halo for that purpose on the /4e day of '±nr~_~1 1983 in the Council Cnamoers for all Interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the city of Denton, Texas, prior to its effective date, and after the public hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS; SECTION 1, That the hereinafter described tract of land be, and the same is hereby annexed to the City of Denton, Texas, and the same is made nereby a part of said City and the land and the present and future inhabitants thereof small be entitled to all the rights and privileges of other citizens of said City and shall be bound by the acts and ordinances of said City now in effect or whlcn may hereafter oe enacted and the property situated therein shall be sub3ect to and shall bear its prorata part of the taxes levied by the City. The tract of land hereby annexed is described as follows, to-wlt, All that certain tract or parcel of land lying and being situated In the County of Denton, State of Texas, and doing part of the 0. Brewster Survey, Aostract No, 56, A. Thompxins Survey, Aostract No. 1246, A. Hickman Survey, Abstract No, 521 and the J. Edmonson Survey, Abstract No. 400 and being more particularly described as follows, BEGINNING at a point in the present city limits as established by Ordinance No, 60-40, said point lying in the intersection Of the west right-of-way line of the G.:, & S.F. Railroad with the south boundary line of the A. Hickman Survey, Abstract No. 521; THENCE west along the south boundary line of said Hickman SucVey, a distance of 1730 feet, more or loss, to a point for a corner, sale Doing t,ie 3ootowes. Corner of tce said Hickman Surve'!; -'r nert,.iorg the west oounoary -,lno of tr,e sa).d Hickman `Qrv9lr a a15:ince of. [13p feet, nuf ir ids$r to a o0:nt for a J;ir56r 1), 1n: 6 n oas. a n o .rest coon tj rouu fr; o 5 e l a t4nli THENCE west along the center of said county road a distance of 1680 fa et, more or less, to a point for a corner in the west boundary line of the J. Edmonson Survey, Abstract No, 400 and the east boundary line of the W, Sajvis Survey, Abstract No. 11741 THENCE north along the east boundary line of W, Sajvis Survey, a distinct of 1100 feet, more or less, to a oint for a corner, same being the northeast corner of the W. Salvis Survey, said point also lying in an east and west county road) THENCE west along the north boundary line of the W, Sajvis Survey, same being in the said county road a distance of 1500 feet, more or less, to a point for a corner in the present city limits as established by Ordinance No. 69.40 Tract II, said point also lying 500 feet east of and perpendicular to the centerline of I.H.35W) THENCE north 26°51'40" east along said present city limits 1244,96 feet, more or less, to a point) THENCE north 20050112" east along said present city limits a distance of 3827.79 feet, more or less, to a point for a corner in the west right-of-way line of the G.C. b S,F, Railroad) THENCE southeasterly along the present city limits as established by Ordinance No. 60-40 same being the west right-of-way line of Railroad a distance of 9373.85 feet, mere or less, the G.C. a S.F. to the place of beginning and containing 367 acres of land, more or less, SECTION tI. The above described property is hereby classified as Agricul- tural "A" District and shall so appear on the official zoning map of. the City -of Denton, Texas, which map is hereby amended accordingly, SECTION III, This ordinance.shall be effective immediately upon its passage. Intr duced b fore the City Council on the 2 N1 day of 1~1vaim" , i9W PASSED AND APPROVED by the City Council on the day of 19 . i RICHARD 0. STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST, CHARLOTTE ALLEN, CITY SE RE AR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMt C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXA., PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DfTON, TEXAS WHEREAS, Artiole 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1, Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: 1. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards, -B, Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation, C, (Pater (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 13.06 of appendix A of the code of the City of Denton, Texas. D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 13.06 of appendix A of the code of the City of Denton, Texas, E, Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation. Service Plan Annexed Areas Page two F, Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin ',n the effective date of annexation, (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation, (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and -sther 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 no", provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc,) will begin in the annexation area on the effective date of annexation. H, Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation, City planning will thereafter encompass the annexed area, I. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city, J, Recreation (1) Residents of the annexed area may use all existing, recreational facilities, parks, etc., on the effe;'._ tive date of annexation. The same standards and policies no%v used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city. K. Electric Distribution (1) The city recommends the use of City of Denton for electric power, Service Plan Annexed Areas Page three L, Miscellaneous (1) 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, (S) Impact on overall city economics, The annexEd area will be considered for CIP planning in the upcoming C;'P 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 aceordingly,to the same established criteria as all other areas of the city. ~v li ♦ ♦ r3 ~a~. KI • `i 36 ~ p } Ili !!E 3• d `c 00k10n R1, V Rd *{i4j' (uild: c • ~ ~ . ' • 1` Coop~tr^ it A • ~o Y i • l ? O! 1{ 380 ' u "j 4. . • ; 2.3 Go~• • • i}M AI• ~ i i Ili~O I -8~ Oh~it of Ad 1 }IF d • i ! 1 ' I 2.5 Y}I•t Rd 0 41i • } FA5 r,y 1 II T oAn • C o I • I d. . 2 2 16.1,5 e 1 ~M , rr I + I~ 45 ~tM .bided:;. t _ p 4 lot, 211 e I,' Off F~. A fA5' 2L,49 0 ate H, LIvN Rd . e: ~ ~ • ~ s Ia . • ♦ 7 N (x. ` • rr ,.,1 • LAM ~ ao0 e: ° ` .•R fee d • ' 377 J r cor(uth Irod Ad 44,ekary\', -crook F1 d "'rr / :+'Blueil:C/iek .I~Iowlh 638 i Johnson n CI, q r~ • • o l0id 'I3 W ~ti b (Alton I i • or d Rd, y • Crew \ j i oor~~~rgyle JJ-~ o` ` 46 t** C for f ' a! ` •br^ - r' 1 . • ti • `ol I ...x ~ 6 • ~ • \ ~ . • '~":4 \ ~ 'mss A I pa v. 6 ....I. e • .c.; . Hie•kor H31 Rb~`♦.1 ARGYLE I a Old Justin d. h POP 443 .CHI I 'Rd i£ - a Ha ion R _ a ! • . r, a y ohfd 114111 • $brb ~bVlt•Rd•i et. • b *Horplo•Rd - C ` e •,r • ` Sri V~ CITY COUNCIL, AGENDA HACK-UP S04KARY SHEET MEETING DATE; January 3, 1984 SUBJECT, Adoption of an ordinance and service plan annexing approximately 11't5 acres of land located on both sides of Maynill Road north of I-35. (4-1613) SUMMARY: Adoption of the accompanying ordinance and service plan will finally accomplish annexation of this property. ACTION REQUIRED, Move to adopt the ordinance and service plan, ADOPTION REQUIRES SIX (6) AYFiKMArm voTES. ALTERNATIVES; 1, Move to adopt ordinance and service plan. 1. Disapprove ordinance and service plan, 3. Taule for the purpose of reducing the ► size of the area to be annexed, SOURCE OF FUNDS: Departmental Budgets RECOMMENDATION; lne Planning; and Zoning Commission recommends approval. EXHIBI'T'S; 1. Ordinance 2. Service Plan 3. Ma V Charles Jatkisis L Senl.or Planner NO, AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXASI BEING ALL THAT LOT, TRACT OR PAROEL OF LAND CONSISTING OF APPROXIMATELY 1125 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE J. TAFT SURVEY, ABSTRACT NO, 12$61 J. WHITE SURVEY, ABSTRACT NO. 1433, 0. HOUGH SURVEY, ABSTRACT NO. 646, D, LAMBERT SURVEY, ABSTRACT NO. 784, M.E,P, 4 P,R,R, SURVET, ABSTRACT NO. 950 AND THE G. WALKER SURVEY, ABSTRACT N0. 1330, DENTON COUNTY, TEXASI CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTYI AND DECLARING AN EFFECTIVE DATE, WHEREAS, the request for annexation was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of the City of Denton, Texasi and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the 12_ day of nt. -le Ar--- , 1983 in the Council Chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by tnls ordinance; and WHEREAS, an opportunity was afforded, at a public nearing held for that purpose on the / ~ day of l!r v~ 111/1 , 1983 in the Council Chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, this ordinance has been publianed in full at least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public hearingst NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS, SECTION I, That the hereinafter described tract of land be, and the same is hereby annexed to the City of Denton, Texas, and the same is made hereby a pert of said City ana the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of said City and shall be bound by the acts and ordinances of Said City now in affect or which may hereafter be enacted and the property situated therein shall be subject to and shall bear its prorate part of the taxes levied by the City, The tract of land hereby annexes is described as follows, to eltr All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, being part of the J. Taft Survey, Abstract No, 1256, J. White Survey, Abstract No, 1433, D, Hougn Survey, Abstract No, 646, D. Lambert Survey, Abstract No, 784, M.E,P. & P R,A, Survey, Abstract No, 950 and the G. Walker Survey, Abstract, No, 1330 and snore particularly described as follows, aEGININING at a port in the present city limits as established by Ordinance No. 65-43 Tract II, said point also lying at the intersection of the east right-of-way line of Maynill Road with a point 750 feet northeast of and perpendlcular to the I r THENCE northwesterly along said present city limits, 750 feet nortneasterly of and parallel with the center ,no of I.H. 35E an appproximate distance of 581;.8 feet to a point for a corner in tha present city limits) No, along 8 8tha distances of 917. 4 limts feete to aba THENCE lisned by north Ordinance east corner said point lying 600 feet southeasterly of and perpen- dicular to the southeast tight-of-way line of Loop 2681 THENCE northeasterly along the present city limits as estab- lished by Ordinance No, 65-43 Tr1.it I, 600 foot southeasterly of and parallel with the east right-of-way line of Loop 288 to the east being boundary da+ stiboundary oline TOft the J. Cheek Survey, Abstract No, 3241 to established south, by 0Ordinance No, 72-56 a hdisrancenofo939,60 limits a point for a corner, same being the southwest corner of the said J. Cheek Surveyr THENCE south 89011135" east along said present city limits, same being the south boundary line of the said J. Cheek Survey, a distance of 601,2 feet to a poet for a corners THENCE north 89°16120" east along said lines a distance of 539.44 feet to a point for a Corned THENCE east along the present city limits as established oy Ordinance No, 81-94 a distance of 2080,56 feet, more or less, to a point for a corner in the Mayhill Road same being the west boundary line of the G. Walker Survey, Abstract No, 1330: THENCE north 'along said present city limits and the west boundary line of said Walker Survey, a distance of 1228.21 feat to a point for a corner: THENCE east along said present city limits a distance of 1817.08 feet to a point for a corner: THENCE estaolisoeot by lOrrdinance west 3316 a tdistarnce of 1308.77imaust to a point for a corners THENCE south 88015'45" east along said present city limits a distance of 792.29 feet to a point) THENCE south 87017154" east along said present city limits a distance of 831.02 feet to a point for a corners THENCE south 1041108" west along said present city limits a distance of $41.96 feet to a point for a corner) THENCE south 67011116" east along said present city limits a distance of 2405,17 feet to a point for a corner; THENCE south along the east line of a tract conveyed to 3onnie E, Coonrod by deed recorded in Volume 432, Page 194 of the Deed Records of Denton County, Texas, a distance of 1608 feet, morr or less, to a point for a corner, same being the southeast corner of said Coonrod trace; THENCE west along the south oouneary line of saga Coonrod tract a 01s*_anee of 3du feet, more or leas, CO a point for a Coiner in :;,a ;est ooundary line o: a north ana south county roao, known 35 y,:..ner roan; THENCE south along the west boundary line of said Swisher Road a distance of 4186 feet, more or less, to a point for a oorner, said point being the intersection of the west boundary line of said Swisher Road wth the north boundary line of an asst and west county road known as Pookrus Road; THENCE west along the north boundary line of said Pookrus Road, a distance of 4500 feet, more or less, to .a point for a corner in the present city limits, as established by Ordinance 11o, 78-38, Tract II; THENCE north 37048104" west along said present city limits a distance of 382.6 feet to a point for a corner; THENCE north 4006131" east along said present city limits a distance of 395.07 feet to a point for a corner; THENCE south 88°09'41° east along said present city limits a distance of 597,01 feet to a point for a cornea THENCE north 4°02'26" east along said present city limits a distance of 1203,3 feet to a point for a corner; THENCE north 4005120" east along said present city limits a distance of 738.19 feet to a point for a corner; THENCE north 4034157" east along the present city limits as established by Ordinance No. 83-16, a distance of 735.64 feet to a point for a corner; THENCE south 87057130" east along said present city limits a distance of M94 feet to,a point for a corner) THENCE north 2106' east along said present city limits a distance of 1154,4 feet to a point for a corner) THENCE ,forth 88629' west along said present city limits a distance of 1489.1 feet to a point for a corner; THENCE south 2425130" west along said present city limits a distance of 1140.8 feet to a point for a corner; THENCE south 4613144" west along said present city limits a distaace of 719.12 feet to a point for a corner; THENCE south 10051109" west along the present city limita as established by Ordinance no. 78-38 a distance of 46,68 feet to a point for a corner; THENCE so,sth 31041' west along said present city limits a distance of 66 feet to a point for a corner; THENCE south 54031150" west along said present city limits a distance of 88 feet to a point for a corner] THENCE south 78041120" west along said present city limits a distance of 100 feet to a point for a corners THENCE ,south 50447150" west along said present city limits a distance of 198.49 feet to a point for a cornea THENCE, south 36039130" west along said present city limits a aistance of 339.84 feet to a point fo; a corner; SH ;:CF: south 2i's4'4c" west along said present city limits a stacca of i~1 7i to a point for a :orner; THENCE south 16440' west along said present city limits a distance of 615 feet to the place o: beginning and ;ont&ininq 1125 acres of land, more or less. SECTI N II, The above described property is nereby classified as Agri- cultural "A" District and shall so appear on the official zoning map of the City oi! Denton, Texas, which map is hereby amended accordingly, SECTION III. This ordinance shall be effective immediately upon its passage, -.,Intt d_ucod before the city council on the ~A day of 146y"Qr- 0 190 PASSED AND APPROVED by the City Council on the day of 19-. RICHARD 0. STEWART, MAYOR CITY OF DENTON, TEXAS ATTESTi C A T ALLEN, CITY SECRETAR7 CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMi C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, 'TEXAS eYi PLAN OF SERVICE fIR ANNEXED AREA CITY OF INYTON, TEXAS WHEREAS, Article 070a as amended requires that a plan of service be adopted b'yjlbe 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 adop~ed for the proposed annexation area the following plan of service; 1, Basic Service Plan A, Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards, B. Fire (1) Fire protection by the present personnel and equip. ment of the fire fighting force, will be provided on the effective date of annexation, C, Water (1) Water for domestic, commercial and indus,crial use will be provided at city rates, from existing city lines on the effective date of annexation, a:d thereafter from new lines as extended in accordance with article 13.06 of appendix A of the code -,)f -the City of Denton, Texas, D, Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 13.06 of appendix A of the code of the City of Denton. Texas, E, Refuse Collection (3.) The same regular refuse collection service nc%:. pro- vided within the city will be extended to the. annexed area within one month after the effective da'.e of 'annexation, Service Plan Annexed Areas Page two F, Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation, (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of 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 Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area, 1. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc,, on the effec- tive date of annexation, The same standards and policies 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 0 Annexed Areas Page three D, MiscelIan eous (1) Street name signs where needed will be installed within approximately C months after the effective date of annexation, II, Capital Improvement 'Program (CIP) The CIP of the City consists of a five yea- 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 newCIF planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. 4 v I r4 ` w • x ' I Cooper:: 0 K 377 Tip r Ad 1t3 t =tz • r-'~ ~ ~M~~r Creek. .•'tir 7L o ` I o r - { O e4i U v. 9 x ~ I 06 Ad. duo V. ` i • I SHACY i. . i . \ SHORES 'Lon# ' Y POP sW 59 y u ) ~y Snocyeckid yen ft • A f+ip1 d : o rl h 1 Lam' • • ~ CORINYH' J,. Pop I t Nftkory~ Croon Ad' 3 Ilk ✓ E )Ht 19 ~OIC L■ly t /:rte m or, -0 41 Iz co -r c. 1 86 0 17- 77 44 ~IR r ~e r 16 F AS HICKORY LAKE CREEK :y G OD Al on ..=_r 'POP 214T.: i; \r,,,• F 3~ ` . . • o ' .F. t`p+_. ..1 !rA c. Q6g 0000 V "'777 / • 'r,°• t~~ i••y, 1 ~ /f~ ~ I i CITY OR DENTON MEMORANDUM DATE OF MEETING: innuar z 1983 CITY COUNCIL AGENDA ITEM (USE EXACT WORDING AS ITEM IS TO BE PLACED ON AGENDA) Consider adoption of an ordinanve restricting parking on Windsor Drive between Locust and Hinkle. SUMMARY: with the opening of the new section of Windsor Drive, traffic ling continuously been increasing upon this roadway. The volume of traffic has already exceeded 3,000 vehicles per day in some locations, This trend will most likely be continued and Windsor Drive will need to have all the four lanes of pavement available for through traffic, Elimination of parking will secure this availability now, Timing of this action is also important since development has not yet occurred alongside this roadway and this designation will make the developers design their developments with this situation in mind, FISCAL SUMMARY: Cost for this project will be paid from the Transportation Engineering budget, approximately Seven Hundred Dollars ($700,00). ACTION REQUIRED: Approve the ordinance. ALTERNATIVES: 1, Deny the ordinnnce, 2. Table the ordinance, STAFF RECOMMENDATIONS: Stnff and Citizen's Traffic Safety support commission recommend approval, EXHIBITS: 1, ordinance 2. Minutes from the Citizen's Traffic Safety Support Commission on December 5, 1983 Koocosh 01yai NO. AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON THE NORTH AND THE SOUTH SIDE OF WINDSOR DRIVE BETWEEN LOCUST AND HINKLE,- PROVIDING A SEVERABILITY CLAVSEf PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS) AND DECLARING AN ?FFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREFIY ORDAINst When signs are erected giving notice thereof, no person shall park a vehicle at any time upon the following street in the city of Denton to-wits The north and the south side of Windsor Drive between Locust and Hinkle, SECTION II, The provisions of Section I prohibiting the parking of vehicles shall apply at all times to the street and part of streets designated therein except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device, SECTION III, Any person adjudged guilty of parking a vehicle in violation of this ordinance shall be guilty of a misdemeanor and punished by a fine not to excoed Two Hundred Dollars (S200,00), SECTION I . That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of 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 ONE s ecI'.I9t~.x That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City secretary is hereby directed to cause the caption of thin ordinance to be published twic,I in the Denton Record-Chr.oniole, the official newspaper of the City of Denton, Texas, within ten (10) days of the date rf its passage, PASSED AND Ai DROVED this the day of 1983. RICHARD 0. STEWART, MAYOR CITY OF DENTON, TEXAS ATTESTt CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMi C. J. TAYLOR, JR. CITY ATTORN'.:Y CITY OF DENTON, TEXAS By t PAVE 7340 Suppoal. Cornmi.syfan pecombcr 5, l.`) 83 P ago 7 A motion was mldo by Commissioner ljlompkins to aanund Item 45 to instruct: Staff to draft a lo~•ter to t,ho City Council on tho Commission's feeling of urgency at installing a traffic. eignal at hoop 288 and Colou ado as soon as funds become eavail.ab.le. Commiss.iotaer. of,allian seconded the motion and it passed unanimously. I Tl.cm lfConsider•ation_of p rkin~restryci:ioajoti•tlin<lsor ~J L-- Drive betwec-n Locust and HinUe At this ti.inr, Staff made a recommendation that parking be e.li;aainated on both sides of Windsor Dri.ve because it is a secondary major arterial based on approved thoroughfare plans and four lanes of travl need to be available for through ;eovement.. Commissioner Chamberlain m<ado a inot,ion to make Windsor Drive between T,ocust and Hinkle no parking at any time. Commissioner Gallian secondod and it passed unara.ia;ar:: ly. Commissioner Tompkins asl od Air. O.lyai about the speed limit signs that need to be installod on Windsor Ua -.Ive. Mr. O.lyai told Commissioner Tompkins, that they would be installed within the month. Commissioner Gal.li an asked Mr. Olya,i about the No P6rkincl signs at hoop 288 and McKinney on the east :side. Mr. OlyaJ said he would look into it. CERTIFICATES FOR axd z cRrzFZCAT~s of c81ICiATI~a _TM THE SP= Cf TWS C(XVN OF Dam CITY OF DW" We, the undersigned officers of said city, hereby certify as follows; 1. The City Council of said city ocovenad in ROAM M=r= ON TIM YPO DAY OF JMUARY, 1984, the ft%icipa and calW d,)ly ttedloffiosrs andimwbors)of said CitylCnuwll to-witif the constitu Richard 0. Stewart, Mayor Charlotte Allen, City Secretary Mark R. Chew Dr. A. Ray Stephens Jack Barton Jim Rlddlesparger, Mayor Pro Tea Charles Hopkins Joe 0. Alford and all of said persona were present, except the following absetes, , thus constituting revpon, among other ss, EFW following was transacted at said Meetingr a written ORDINANCF. AmmRima THE ISSUANCE OF cEFa%II'ICATW OF QBLICATICN and dLa re dui I th wa for ;and seconded that mid Ordinance t-e passed) arcs, after due discussion, said motion, carrying with it t.-o passage of said Ordinance prevailed and carried by the following votes AYES; All rtarbere of said City Council shown present voted nAyts , except NOES1 ABSTEWICUSr 2. That a true, full, and correct copy of the aforesaid OrdirA,-*-e passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificated that said Ordinance has teen duly recorded in said City Council's minutes of said Meeting; that t'te above and foregoing paragraph is a true, full, and correct excerpt E:an said City Council's minutes of said Meeting pertaining to the passage of said Ordinance; that the persons named in the above and forega.rnq pa-igraph are the duly chosen, qualified, and acting officers and m&d*rs of said City Council as indicated thersin; that each of the officers and members of said city Council was duly and sufficiently notified officially and personally( in advance, of the time, place, and PmTose of the aforesaid Meeting, and that said Ordinance would be introduced. and considered for passage at said Meetings and that .aid Meeting was open to the public, and public notice of the time, pia.-e, and purpose of said Meeting was given, all as required by Vernon's Aron. Civ. St. Article 625217, 3. That the Mayor of said City has approved, and hereby apprcves, the aforesaid Ordinances that the Mayor and the City Secretary' of said City have duly signed said ordinar"I and that the mAyor arui the city secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordinance for all purposes, SIGVFD AI4D S£AL D the day of January, 1984. C ty secretary yayor (SW - - - - - - - - - - - - - - - - - - - - - - - - - We, the undersigned, being respectively the City Attorney and h pond Attorneys of the City of Denton, Texas, hereby certify that we prepared and approved as to legality the attached and follc ing Ordinance prior to Its p3esage as aforesaid. City Attorney Bond Attorneys ORDINANCE N0. ORDIN CE 1U O 1j1111 X116$1 ANCE OF THE STATE OF TEXAS t COUNTY OF DENTON I CITY OF DENTON i WHEREAS, Vernon's Article 2368x,1 permits the City issue and still for cash the Certificates of Obligatzan hereinafter authorized and WHEREAS, the City has duly caused notice of ::.s intention to issue the Certificates of Obligat.an hereinafter authorized to be published at the times and a.r the manner required by Vernon's Article 2368a.1, and no petition has been filed protesting the issuance thereof. THEREFORE, THE COUNCIL OF THE CITY OF DENTON HERESY ORDAI:Rf- Section I. AMOUNT AND PURPOSE OF CERTIFICATESt T.".-tt the said City's Certificates of Obligation (hersinafec:r sometimes called "Certificates") arc hereby authorized to :.e issued in the aggregate principal amount of $550,000, F':)F THE PURPOSE I)F PAYING ALL OR A PORTION OF THE CII": S ' CONTRACTUAL ILIGATIONS TO BE INCURRED FOR STRq:1'7 IMPROVEMENTS THE CITY AND PROFESSIONAL SERVICES :0, ENGINEERS, ARC, 'ECTS, ATTORNEYS, AND FINANCIAL ADVISORS N CONNECTION WITH SUCH STREET IMPROVEMENTS AND _In CERTIFICATES OF OBLIGATION. Suction 2. That said Certificates shall be designat=ed as thei CITY OF DENTON CERTIFICATES OF OBLIGATION, SERI:LS 1984. Section 31 DATE, DENOMINATIONS, NUMBERS, AND MATURITIES OF CERTIFICATES. Initially thei shall :.e issued, sold, and delivered hereunder fully .egiste--t-d certificates, without interest coupons, dated January :f, 1984, in the respective denominations and principal amoc.:ts hereinafter stated, numbered R-1 and R-2, payable to it.e respective initial registered owners thereof (as designs:sod in Section 13 hereof) e or to the registered assignee cr assignees of said certificates or any portion or portinns thereof (in each case, the "registered owner"), and sand certificates shall mature and be payable on January 15, :?f9 in the principal amounts, respectively, as set forth is a-,e following schedule, NUMBER AMOUNTS R-1 $225,000 R-2 $225,000 The term "Certificates" as used in this Ordinance shall wean and include collectively the certificates initially iss,ze-d and delivered pursuant to this Ordinance and all substic-zte certificates exchanged therefor, as well as all ot::er substitute certificates and replacement certificates issued pursuant hereto, and the term "Certificate" shall mean t-.y of the Certificates. Section 4. INTEREST, The Certificates shall c.ear interest from the dates specified in the FORM OF CERTIFI~'1TE set forth in this Ordinance to their respective dates of maturity or redemption prior to maturity at tti3 rate or S9 per annum. Said interest shall be payable in the mar,%er I 1 provided and on the dates stated in the FORM OF CERTIFICATE set forth in this Ordinance. Section S. CHARACTERISTICS Or THE CERTIFICATES, (&F Rs st at a Tra a COnve a 0 a d Exohrn a ut s tic4" U921 The Qlty s 1a Ceap Or OaUY a tap' at e pr ncipal corporate trust Office Of the Tex4S American Bank/Fort worth, N,A., Fort Worth, Texas (the Paying Agont/Registrar') books or records for the registration of the transfer, conversion and exohanya of the Certificates )the "Registration Books"), and the City hereltiy appoints the Paying ,gent/Registrar as its registrar and transfer agent to keep such books or records and make such registrations of transfers, conversions and exchanges under such reasonable regulations as the City and the Paying Agent Megistrar may presoribel and the Paying Agent/Registrar shall make such registrations, transfers, conversions and exchanges as herein vecoprovided the Th,* Paying Registration Books g the ra addzass l of obtain and the registered owner of each Certificate to which ppayn,ents with respect provided) t but the shall fbee the duty shall b each regddi~stered herein to notify the Paying Agent/Registrar in writing of the not pa$-iren be mailed lunlesss mailed, hanoticeh has interest been address payments t shall which given, The City shall have the right to inspect the yinRegistration Books during regular lar otherwise hours of the Paving Pa Agent%Registraentz/Registshallraro b keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. The City shall pay the Paying Agent/Registrar's standard or oustomary fees and charges for making such registration, transfer, conversion, exchange and delivery of a substitute Certificate or Certificates, Registration of assignments, transfers, conversions and exchanges of Certificates shall be made in the manner provided and with the effect stated in the FORM or CERTIFICATE set forth in this Ordinance. Each substitute Certificate shall bear a letter and/or number to distinguish it f•om each other Certificate. Except as provided in section S1c) of this Ordinance, an authoriend representative of the Paying Agent/Registrar shall, before the delivery of an/ such Certificate, date and manually sign said Certificate, and no such Certificate shall be doomed to be issued or outstanding unless such Certificate is so executed. The Paying Agent/Registrar promptly shall cancel all pe d certificates and Certificates surrendered for conversie. and exchange. No additional ordinances, orders, or resolutions need be passed or adopted by the City or any other body or person so as to accomplish the foregoing conversion and exchange of any Certificate or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Certificates in the manner prescribed herein, and said Certificates shall be of type composition printed on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to Vernon's Ann, Tex. Civ. St, Art. 717k-6, and particularly Section 6 thereof, the duty of conver.ion and exchange of Certificates as aforesaid is hereby imposed upon the Paying Agent/ Registrar, and, upon the execution of said Certificates. the converted and exchanged Certificates shall be valid, ' ':~n- testable, and enforceable in the same manner and with the same effect as the Certificates which initially were issued and delivered pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts, 2 (bl a ent Certificates n Into er , The City hereby furt er appo nts the Paying g n Registrar to act as the paying agent for paying the principal of and interest on the Certifigates, all an provided in this Ordinance, The Paying Agent/Registrar shall keep proper records of all payments made by the Cltyy and the Paying Agent/Registrar with respect to the Certificates, (o) I General. The Certificates (1) shall be issued in fully rep r ere form, without interest coupons, with the principal of and interest on such certificates to be payable only to the registered owners thereof, (ii) may be redeemed prior to their scheduled maturities (notice of which shall e given to the Paying Agent/Registrar by the City at least SO days prior -co any such redemption date), (111) may be transferred and assigned, (iv) may be converted and exchanged for other Certificates, (v) shall have the characteristics, (vi) shall be signed, sealed, executed and authenticated, (vii) the principal of and interest on the Certificates shall be payable, and (viii) shall be administered and the Paying Agent/Registrar and the City shall have certain duties and responsibilities with respect to the Certificates, all as provided, and in the manner and to the effect as required or indicated, in the FORM OF CB'RTIFICATE set forth in this Ordinance, The Certificates initially issued and delivered pursuant to this Ordinance 04o which Certificates is attached the Registration Cer- tificate of the Comptroller of Public Accounts) are not required to be, and shall not be, authenticated by the Paying Agent/ Registrar, but on each substitute Certificate issued in conversion of and exchange for any Certificate or Certificates issued under this Ordinance the Pay L%j Agent/Registrar shall execute the PAYING AGENT/ REGISTRAR'S AUTHENTICITION CERTIFICATE, in the form set forth in the FORM OF CERTIFICATE, (f) Substitute Paying Agent/Registrar, The City covenants w t~Ti i e eeg eteire owners of the Certificates that at all times while the Certificates are outstanding the City will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/ Registrar for the Certificates under this Ordinance, and that the Paying Agent/Registrar will be one entity, Thn City reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not lose than 120 days written notice to the Paying Agent /Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice, In the event the,t the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the City covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act a,s Paying Agent/ Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the certifi- cates, to the now Paying Agent/Registrar designated and appointod by the City, Upon any change in the Paying Agent/ mgistrar, the City promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Certificates, by United States Nail, first-class postage prepaid, which notice also shall give the Address of the new Payinq/Agent Registrar, By acc:pting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the 3 • provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. Sacticn 6. FORM OF CERTIFICATES. The form of '.;is Certificates, includinq the fora of Paying Agent/Registrar's Authentication Certificate, the form Of Assignment a" the form of Registration Certificate of the Comptroller of Pubiio Accounts of the State of Texas to be attached to the Certificates initially issued and delivered pursuant to this ordinance, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance. FORM OF CERTIFICATE NO, UNITED STATES OF AMERICA PRINCIPAL AMOINT STATE OF TEXAS S COUNTY OF DENTON CITY OF DENTON CERTIFICATES OF OBLIGATION SERIES 1984 INTEREST RATE MATURITY DATE 89 January 15, 1989 ON THE MATURITY DATE specified above, THE CITY OF DENTON, in Denton County, Texas (the "City"), being a political subdivision of the State of Texas, hereby promises to pay to (hereinafter called the "registered owner the principal amount of and to pay interest thereon from January 15, 1984, on January 15, 1985 and semiannually on each July 15 and January 15 thereafter to the maturity date specified above, or the date of redemption prior to maturity, at the interest rate pper annum specified aboves except that if this Certifioate is required to be avehenticated and the date of its authentication is later than December 31, 1985, such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date (hereinafter defined) but on or before the next following interest payment date, in which case st,oh principal aiwunt shall bear interest from such next following interest payment dates provided, however, that if on the date of authentication hereof the interest on the Certificate or Certificates, if any, for which this Certificate is being exchanged or converted from is due but has not been paid, then this Certificate shall bear interest from the date to which such interest has been paid in full. THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money of the United States of America, wi~hout exchange or Collection charges. 71he principal of this Certificate shall be paid to the registered owner hereof upon presentation and surrender of this Certificate at maturity or upon the date fixed for its redemption, prior to maturity, at the principal corporate trust office of the Texas American Bank/Fort North, N.A., Fort Worth, Texas, which is the "Paying Agent /Registrar" for this Certificate. The payment of interest on this Certificate shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check or draft, date-, as of such interest payment date, drawn by the Paying ent/ Registrar on, and payable solely from, funds of the city required by the ordinance authorizing the issuance of this Certificate (the ""„ctificate ordinance") to be on depos5t with the Paying Agent/Registrar for such purpose ne herett- after provided) and ouch chook or draft shall be vent by the Paying Agent/Registrar by United Staten Mail, first-olass postage prepaid, on each such interest payment date, to she registered owner hereof, at its address as it appeared on the last business day of the month next preceding eaoh s+rch date (the "Record Date") on the Registration Pocks kept by the Pe ing Agent/ Registrar, as hereinafter described, A.ny accrued interest due at maturity or upon the redemptior rf this Certificate prior to maturity as provided hereir, shag: be paid to the registered owner upon presentation and surrender of this certificate for redemption and payment at the principal corporate trust offios of the prying Age.:.t! Re istrar, The City covenants with the registered owner of this Certificate that on or before each principal paymrs,t date, interest payment date, and accrued interest payment date for this Certificate it will make available to the Paying Agent/Registrar, from the "Interest and Sinking F,4--jd" created by the ^ertifieate Ordinance, the amounts requirtd to provide for (.,is payment, in immediately available fund's of all principal of and interest on the Certificates, wWen due, IF THE DATE for the payment of the principal of or interest on this Certificate shall be a ~,turday, Sunday, a legal holiday, or a day on which banking institutions in the city where the principal corporate trust office of the Paying Agent/Regiatrar is located are authorized by law as executive order to close, or the United States Postal Service is not open for business, than the date for s-ach payment shall be the next succeeding day which is not suc-1~4 a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close, or the United States Postal Service is not open for busineest as,d payment on a-o`h date shall have the same force and effect as if made oa t',e original date payment was due. THIS CERTIFICATE is one of a series of Certificates dated January 15, 1984, authorized in accordance with the Constitution and laws of the State of Texas in the prlnci,-+al amount of $550,000, FOR THE PURPOSE OF PAYING ALL Ot?. A PORTION OF THE CITY'S CONTRACTUAL OBLIGATIONS TO BE INCUR.f:£D FOR STREET IMPROVEMENTS IN THE CITY AND PROFESSICI\AL SERVICES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND FINANC7.LL ADVISORS IN CONNECTION WITH SUCH STREET IMPROVEMENTS AND T% E CERTIFICATES OF OBLIGATION, ON ANY DATE, the Certificates of this series may be redeemed prior to their scheduled maturities, at the option of the City, with funds derived from any available and lawful source, as a whole, or in part, and, if in part, tha particular Certificates, or portions thereof, to be redeeanrd shall be selected and designated by the City (provided t--,at a portion of a Certificate may be redeemed only in an integral multiple of $5,000), at a red"amption price equal to the principal amount to be redeemed plus accrued interest to the date fixed for redemption, AT LEAST 30 days prior to the date fixed for sny redemption of Certificates or portions thereof prior to maturity a written notice of such redemption shall be published once in a financial publication, journal, or reporter of general circulation among securities dealers in the State of Texas. Such notica also shall be sent by the Paying Agent/Registrar by United States Mail, first-class postage prepaid, at least 30 days prior to the date fixed for any such redemption, to the registered owner of each Certificate to be redeemed at its address as it appeared .n 5 the 45th day prior to such redemption date) provided, however, that the failure to send, mall, or receive such notioe, or an defect therein or in the sending or mailing thereof, sha17 not affect the validity or effectiveness of the proceedings for the redemption of any Certiticats, and it is hereby specifically provided that the publication of such notice as required above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Certificates or portions thereof, B the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for the _payment of the required redemption price for the Certicates or portions thereof which are to be so redeemed, if such written notice of redemption is published and if due provision for such payment is made, all as provided above, the Certificates or portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest. after the date fixed for redemption, and the shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price from the Paying Agent/Registrar out of the funds provided for such payment, if a portion of any Certificate shall be redeemed a substitute Certificate or Certificates having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the city, all as provided in the Certificate Ordinance. THIS CERTIFICATV OR ANY PORTION OR PORTIONS HEREOF IN ANY INTEGRAL MULTIPLE OF $5,000 may be assigned and shall be transferred only in the Registration Books of the City kept by the Paying Agent/Registrar acting in the oapaoity of registrar for the Certificates, upon the terau and con- ditions set forth herein and in the Certificate Ordinance. This Certificate may only be assigned and transferred upon presentation and surrender to the Paying Agent/ Registrar for transfer of registration and cancellation, toge+lher with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidenoing assignment of this certificate or any portion or portions hereof to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is or are to be transferreI and registered. The form of Assignment printed or endorsed on this Certificate shall be executed by the registered owner, or its duly authorized attorney or representative, and shall conclusively evidence the assignment hereof, Upon surrender of this Certificate or any portion or portions hereof for transfer of rog.tstra- tion, an authorized representative of the Paying Agent/ Registrar shall make such transfer in the Registrations Books, and shall deliver a new Certificate or certificates payable to such assignee or assignees, or to the registered owner hereof in the case of the assignment and transfer of only a portion of this Certificate, in exchange for this Certificate, all in the form and manner as provided in the next paragraph hereof for the conversion and exchange of Certificates, The registered owner of this Certificate shall be deemed and treated b7 the City and the Paying Agent/Registrar as the absolute owner hereof for all pur- poses, including payment and discharge of liability upon this Certificate to the extent of such payment, and the City and the Paying Agent/Registrar shall not be affected by any notice to the contrary. 6 MEN ALL CERTIFICATES Or THIS SERIL"8 issued as a result of a transfer, conversion or exchange are issuable solely as fully registered certificates, without interest couppons, in the denomination of r,ny integral multiple of 55000. In accordance with the form and procedures not forth in the Certificate ordinance, this Certi,PSCate, or any unpaid or unredeemed portion hereof, may, at the written request of the registered owner or the assignee or assignees hereof, or its or their duly authorized attorneys or repres*ntativas, with guarantee of signatures sati,gfaotory to the Paying Agent/Registrar, be converted into and exchanged for a Certificate or Certifioatee of like aggregate principal amount, payable to the appropriate registered owner, assignee, or assignees, as the cast may be, hiving the same maturity denominaatione or denbearing ominations ins any integral multiple any 551000 as requested, upon surrender of this Certificate to tha Paying Agent/Registrar at its principal corporate trust office for cancellation, The one requesting a transfer, conversion, or exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of transfer, conversion or exchange, The Paying Agent/Registrar shall not be required to make any such transfer, conversion, or exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Certificate or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the City, resigns, or otherwise ceases to act as such, the City has covenanted in the Certifioate Ordinance that it promptly will appoint a competent and le ally qualified substitute therefor, and cause written notice thereof to be mailed to the registered owners of the Certificates. IT I8 HEREBY certified, recited, and covenanted that this Certificate has been duly and validly authorized, issued, and delivered) that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Certificate have been performed, existed, and been done in accordance with laws that this Certificate is a general obligation of said City, issued on the full faith and credit thereofr and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in said City, and have been pledged for such payment, within the licit prescribed by lawt and that this Certificate is additionally secured by and payable from the surplus revenues derived by the City from the ownership and operation of the City's Utility System consisting of its combined waterworks and sanitary sewer system and its electrir, light and power system remaining after payment of all amounts required to be paid under the ordinances authorizing any bonds or other obligations payable from Utility system revenues now outstanding or hereafter issued. BY BECOMING the registered owner of this Certificate, the registered owner thereby acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to bound by such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for 7 inspection in the official minutes and records of the City, and agrees that the terms and provisions of this Certificate and the Certificate ordinance constitute a contract between each registered owner hereof and the City. IN WITNESS WHEREOF, the City has causeu this Certificate to be signed with the facsimile signature of the Mayor of the City and countersigned with the facsimile signature of the City Secretary of the City, and has caused the official seal of the City to be duly impressed, or placed in facsimile, on this Certificate. ~1~csimij~s signature) (facsimile signature) bTty s- 0 ry Mayor (CITY SEAL) FORM OF PAYING AGENT/ REOISTRARIS AUTHENTICATION CERTIFICATE PAYING AGENT/REOISTRAR'S AUTHENTICATION CERTIFICATE (To be executed if this certificate is not accompanied by an executed Registration Certificr,te of the Comptroller of Public Accounts of the State of Texas) It is hereby certified that this Certificate has been issued under the provisions of the Certificate Ordinance described on the face of this Certificate) and that this Certificate has been issued in conversion or replacement of, or in exchange for, a certificate, certificates, or a portion of a certificate or certificates of a Series which originally was approved by the Attorney General of the Stato of Texas and registered by the comptroller of Publio Accounts of the State of Texas, Dated) Paying gent Reg stray ' By AUttor ze Representat ve FORM OF ASSIONMENTi ASSIGNMENT For value received, the undersigned registered owner of this Certificate, or duly authorized representative or attorney thereof, hereby assigns $ of this Certificate to (print or type the name and address of the assignee and any other relevant informat±on) and authorizes the Paying Agent/ Registrar to transfer and register ownership of such portion of this Certificate in the Registration Books. Dated) Registered Owner 8 The signature above is hereby verified as true and genuine. FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOU10T5t COMP'.'ROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Certificate has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Certificate has been re iatered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this omptro er o Public ocounts of the State of Texas (COMPTROLLER'S SEAL) Section 7, TAX LEVY. That a special "Interest and sinking Fund" is hereby created solely for the benefit of said Certificates, and said interest and Sinking Fund shall be established and maintained by said City at an official depository bank of said City, said Interest and Slnkirg Fund shall be kept separate and apart from all other funds and accounts of said City, and shall be used only for paying the interest on and principal of said Certificates, All ad valorem taxes levied and collected for and on account of said Certificates shall be deposited, as collected, to the credit of said Interest and Sinking Fund. During each year while any of said Certificates are outstanding and unpaid. the governing body of said City shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on said Certificates as such interest comes due, and to provide and maintain a sinking fund adequate to pay tre principal of such certificates as such principal matures (but never less than 21 of the original principal amount o£ said Certificates as a sinking fund each year)l and said tax shall be based on the latest approved tax rolls of sa.i.: City, with full allowance being made for tax delinquencies and the cost of tax collection, Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in said City for each year while any of said Certificates are outstanding and unpaid? and said tax shall be assessed and collected eaczi such year and deposited to the credit of the aforasai+ Interest and Sinking Fund, Said ad valorem taxes sufficient to provide for the payment of the interest on and principal, of said Certificates, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law, Section 8. SURPLUS REVENUE PLEDGE, Said Certificates additionally shall be payable from and secured by tr.e surplus revenues derived by the Clty from the ownership an. operation of the City's Utility System consisting of its combined waterworks and sanitary sewer system and its electric light and power system remaining after payment of all amounts required to be paid under the ordinances 9 authorizing any bonds or other obligations payable from utility System revenues now outstanding or hereafter issued. The City shall deposit such surplus revenues and the ad valorem taxes levied pursuant to Section 7 hereof to the credit of the Interest and Sinking Fund created pursuant t- section 7 hereof in an amount sufficient to pay the principal of and interest on the Certificates herein authorized, and if surplus revenues are actually on deposit in the Interest and Sinking Fund in advanoe of the time whoa ad valorem taxes are scheduled to be levied for any year. then the amount of taxes which otherwise would have bees requirad to be levied pursuant to Section 7 hereof may b•c reduced to the extent and by the amount of the surplus revenues then on deposit in the Interest and Sinking Fund. Section 9. D£FEASANCE OF CERTIFICATES. (a) AalY Certificate and the interest thereon shall be deemed to c.r paid, retired, and no longer outstanding (a "Defease•d Certificate") within the meaning of this ordinance, except to the extent provided in subsection (d) of this Section when payment of the principal (if such Certificate, plur, interest thereon to the due date (whether such due date c-e byy reason of maturity, upon redemption, or otherwise) either (i) shall have been made or caused to be made in aocordance with the terms thereof (including the giving of any require-d notice of redemption), or (ii) shall have been provided fir on or before such due date by irrevocably depositing with cr making available to the Paying Agent/Registrar for such payment (1) lawful money of the United States of America sufficient to make such payment or (2) Governme t Obligations which mature as to principal and interest La, such amounts and at such times as will insure tie availability, without reinvestment, or sufficient money provide for such payment, and when proper arrangements hale been made by the City with the Paying Agent/Registrar t._r the payment of its services until all Dafeassd Certificates shall have become due and payable. At such time as a Certificate shall be deemed to be a Dofeased Certificate hereunder, as aforesaid, such Certificate and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this ordinance, and su.:h principal and interest shall be payable solely from such money or Government Obligations. (b) Any moneys so deposited with the Paying Agent /Registrar may at the written direction of the City also be invested in Government Obligations, maturing in the emuu,ri and times as herainbefore set forth, and All income from ouch Government Obligations received by the Pay=ag Agent/Registrar which is not required for the payment of tie certificates and interest thereon, with respect to which such money has been so deposited, shall be turned over to the City, or deposited as directed in writing by the city. (c) The term "Government obligations" as used In thas Section 9, shall' mean direct obligations of the United States of kmerica, including obligations the principal of and interest on which are unconditionally guaranteed by ;_ie United States of America, which may be United States Treasury. obligations such as its State and Local Government series, which may be in book-entry form. (d1 Until all Defeased Certificates shall have becr_,me due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeas,ed Certificates the same as if they had not been defeased, s.nd the City shall make proper arrangements to provide and ray for such services as required by this ordinance. 10 section 10, DAMAOGD, MUTMATE6, LOST, STOLEN, 0R DESTROYED CERTIPIOATlSB, (a) Replacement gert~i'loates. In the event any outstanding certlri` ate s am'aged, mu ate.d, lost, stolen, or destroyed, the Paying Agent /Registrar shall cause to be printed, executed, and delivered, a new certlfioate of the same principal amount, maturity, .a:,d interest rate, as the damaged, mutilated, lost, stolen, or destroyed Certificate, in replacement for such Certificate in the manner hereinafter provided, (b) lioa ion for R l,acemept Certificates. Application or rep aoement of - amaid` mu a e , 'Tort, stolen, or destroyed Certificates shall be made by the registered owner thereof to the Paying Agent/Registrar, In every case of loss, theft, or destruction of a Certificate, the registered owner applying for a replacement certificate shall furnish to the City and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any lose or damage with respect thereto. Also, in every case of loss, theft, or d furnish estruction of a Certificate, the registered owner shall evidence to ttheiritsatisfaction thof /Rehegis or destruction of such Certifioate, as the vase may be, an e registered very case of damage or mutilation of a Certificate, the Agent/Registrar owner cancellation surrender Certificate h so damigs" or mutilated. (c) No Default Occurred, Notwithstanding the foregoing prov a ons o t s ec ion 9, in thu event a:ry such Certificate shall have matured, and no default has occurred which is then continuing in the payment of t,e p this rincipal of, redemption premium, if any, or interest om same Certificates surrender City ay thereofu except in the he payment ease of te of ,a damaged or mutilated Certificate) Instead of issuing a replacement certificate, provided security or indemnity is furnished as above provided in this Section 9. (d) Char o for rssuln Re laeement Certificates, Prior to the seuance o any rep aoement oert sate, t e Paying Agent/Registrar shall charge the registered owner of such Certificate with all legal, printing, and other expenses in connection therewith, Every replacement certificate issued pursuant to the provisions of this Section 9 by virtue of the fact that any Certificate is lost, stolen, or destroyed shall constitute a contractual obligation of the city whether or not the lost, stolen, or destroyed Certificate shall be found at any time, or to enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Certificates duly issued under this Ordinance, N accordancethwrtt sactions6uon ern -for Isa2ing--Raplacement Certificates, Art. 717k-6, this Section 9 of this ordinance shall con- stitute authority for the issuance of any ouch replacement certificate without necessity of further action by the City or any other body or person, and the duty of the replacement of such certificates is hereby authorized and imposed upo❑ the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Certificates in tho fora and manner and with the effect, as provided in Section 5fal of this ordinance for Certificates issued in Conversion and exchange of other Certificates, 11 Section 11, CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATESI BOND COUNSEL'S OPINION. The Mayor of the City is hereby authorized to have control of the Certificates initially issued and delivered hereunder and all necessary records and proceedings pertaining to the Certificates pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, as~,d their registration by the comptroller of Public Accounts of the state of Texas. Upon registration of the Certificates said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) a hall manually sign the Comptroller's Registration Certificate attached to such Certificates, and the seal of said comptroller shall be impressed, or placed in facsimile, on such Certificate. The approving legal opinion of the City's Bond counsel may, at the option of the City, be printed on the Certificates lssund and delivered under this Ordinance, but it shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Certificates, Section 12, NO ARBITRAGE. That the City covenants to and with the purchaser of the Certificates that it will make no use of the proceeds of the Certificates at any time throughout the term of this issue of Certificates which, if such use had been reasonably expected on the date of delivery of the certificates to and payment for the Certificates by the purchaser, would have caused the Certificates to be arbitrage bonds within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, or any regulations or rulings pertaining thereto) and by this covenant the City is obligated to comply with the re7,uirements of the aforesaid Section 103(c) and all applicable and pertinent Department of the Treasury regulations relating to arbitrage bonds, The City further covenants that the proceeds of the Certificates will not otherwise be used directly or indJrectly so as to cause all or any part of the Certificates to be or become arbitrage bonds within the meaning of the aforesaid section 103(c), or any regulations or rulings pertaining thereto, Section 13. That said Certificates are hereby sold and shall be delivered to for cash for the par value thereof an any accrued interest to date of delivery, and any such accrued interest shall be deposited into the Interest and Sinking Fund, The Certificates shall initially be registered in the name of Section 14, That all Ordinances and Resolutions and parts thereof in conflict herewith are hereby expressly repealed insofar as they conflict herewith. Section 15, EMERGENCY, That is is hereby officially found and determined and deelarede that a case of emergency or urgent publio necessity exists which requires the holding of the meeting at which this Ordinance is passed, such emergency or urgent public necessity being that the proceeds from the sale of said Certificates are required as soon as possible and without delay for necessary and urgently needed public improvements) and that said meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann, Civ, St, Article 6252-17. 12 CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 7201 TELEPHONE 01171 5668200 M E M O R A N D U M TO,. Mayor and Council Members FROM; Joan Davis, Deputy City Secretary DATE; December 29, 1983 SUBJECTS placementtagreement reglat vel tom Cler'tificates! of Obligationte No backup material is available at this time, However, Frank Medanich from First Southwest CCorp ratioii will be at the meeting with an oral and written p`e o n av s D pu y City Secretary CITY ofDENTON, TEXAS MUNICIPAL BUILDING ; DENTON, TEXAS 76201 i TELEPHONE (8)7) 566.8100 T i g 11 U 1 Z A N D U M T0; G. Chris Hartung, City Manager FROM: Rick Svehla, Assistant City Manager DATE: December 28, 1983 SUBJECT: Closing of the Public Hearing on Assessment At the January 3, 1984 meeting, the Council will the close the public hearing on the assessment. This will complete the assessing process for all the land owners abutting Ridgeway Drivo. Assessments will be made according to Exhibit A of the ordinance. All the land owners have been advised and are in agreement with this concept in order to build Ridgeway Drive. If you or the Council have any further questions, the Attorney and Y wi e present at the meeting to try and answer them. t c v~-eh~a - Assistant City Manager 15621-1 NO, ORDINANCE TRUE OWNERS T OF PROPERTY ABUTTING G THE STREETS ASSESSMENT ON THE REAL AND SPECIFIED HEREIN; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS DEFINED WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS, FIXING A CHARGE AND LIEN AGAINST ALL SAID ABUTTING PROPERTY AID THE REAL AND TRUE OR THE CATESSUONRTHE; C CE IDING FAND ACCEPTANCE OF FSAID IWORRKK; PROVIDING FOR THE CONDITIONS PAYME'NEFAULTSUCH ASSESSMENT, THE RATE OF INTEREST AND THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. The Cit?- Council of the City of Denton, Texas, finds the City Engineer has prepared an estimate of the cost of street and drainage improvements on Ridgeway Drive the estimate of cost having been completed and filed in the office of the City Engineer ten (10) days prior to the date of this ordinance and the esti- mates of cost so prepared and filed are hereby approved'. The City Council furti:er finds that the plans and specifications prepared by the City Engineer for the and such plans sand heci rein named streets are satisfactory, tions are hereby approved. The City Council finds that due notice and opportunity to be heard on this assessment has been given, and that notice of the public hearing was given at least ten (10) days before the date of the hearing and inscrLcd at least three times in a newspaper published in the City of Denton, as required by law, The public hearing was opened and held in accordance with the ordinance and to all of notice, persosic firms, corporations nandpestatesyowwas ningior nclaiming any such abutting property, or any interest therein, to be heard and to offer evidence as to all matters in accordance with said ordinance and notice, in the course of the hearing, sufficient and competent evidence was heard showing that the improvements to be placed along the property involved would in each ins-ance psuch roperty property ownssy. core Based an on h the s evidence, l icrease the mprovements value to u the of i matters, testimony and objections considered at such hearing, the said City Council has determined that the properties and each and every parcel of such property abutting upon the streets and units as hereinafter sot out will be enhanced in value and specifically benefited in an amount in excess of the amount of the cost of such improvements proposed to be, and as hereinafter assessed against each of said parcels of property, abutting upon said streets and the real and true owners thereof. The cost of improvements of each portion of street ordered improved herein shall be apportioned among the parcels of abutting property and owners thereof in accordance with the iron, foot plan, which plan is found to be fair and equitable, SECTION IT. ;here :s here'oy levied and assessed againsL the parcels of property described in Lxhibit A attached hereto and made a part hereof, and against the real and true owners thereof, whether such owners are named or correctly named in suer, exhibit of n6t, the sums of ;.oney shown opposite the description :f property io s.:ch. exhibit. SECTI~ 0: n an Where more than one person, (described oinoExhibit o Bench interest in any parcel of pro arty, et only for the pror.ata ataare of owner shall be personally in proportion as such the total assessment against such property ropert owner's interest bears to the real op ery a ° beareleased from and such owner S he assessment llion n upon paymentcof such proporCionel sum, t SECTION The several sums mentioned ~n Exhibit A ad thereind andaithe the respective parcels of property d hor owners thereof and interact thereon as specified herein, to10611 if with expenses of collection and r ason&liens on rthe crespective incurre , ct,all be a first and prior all parcels property acunty SchooliDistrict andoCity Ad i*nsaloandrem claims, except State, County, and charge against the teals ands trues owner'a of rsuchlpropertyCy whether such owners are shll be named or correctly named in such exhibiit or not, SECTION_ The several sums mentioned in ExhiddeSC ibedd thereind andaiths tt,e respective parcels efble by tone of the alternative methods o•."ners thereof shall be p Ya 'oelow set forth. assessment in (a) placing an amount equal to the paving' ass escrow for the City UaidoUpon t co pletionyandgacceptanceaofmthe pa of Public 1lor4s, to be e paving by the City of Denton, or (b) F.u curing a :iota payable to the City of Denton in an ame &Mount equal to the paving assebse paYableeonsorsbeforeafive (5) abutting property said note to e p years from date 01 said note. Interest on the note is payable annually at a rate of ten percent (10x) per annum, Any bal ninth any rate thatten percent owingg and unpaid shall carry an erest . Of (10:) per annum until paid, rind al due on said note interetallmen or Any such at ant's times before tmaturity b;j the payment of the may be paid at any until a~CrU interest Lnterestlshall bear einterest at the same ratetfrom oaturityal an paid, If default is made inpp the amount of any such installments tile Option or Interest, without entire not i ce d to a thecownecsthand asasetssment Plus interest shall, , if any, of the holder the iaogether with eexpenses of immediately become due e and nd Payable, if incurred, in the collection and reasonable attorney's fees, event of such deElction shall be enforced by suit in any court having jurisdiction. SECTION 1'1, pot the purpose of evidencing the several assessments levied, s, ovements,CiSuch of ce Dretnitfoin cat upon asrignable certificates may be issued completion and acceptance of the lmpr signing the same, or if issued, shall be executed by tY,e mayor, ,pr eheraon, and tested by the by his falsimile signature under the he im imp ersessess of the corprrate seal, and City Secretary, s':',all 'ae , ay,lble tc the CitYc`eE or its signs, 5uc , certificates shall provide in ubstaii PAGE . (a) The amount of the assessment as specified in Exhibit A, together with time, terms, rate of interest and conditions of payment as specified in Section V above. (b) The terms and conditions of default as specified in section V above. (c) That the proceedings with reference to making the improve- ments therein referred to have boon regularly had in compliance with the law and that all prerequisites to the fixing of the assessment lien against property described in the coftiftcate and the personal liability of the owner or owners thereof have been performed. (d) Coupons may be attached in evidence of the several installlments which may be signed with the fae~,imils signatures of the Mayor and City Secretary. (e),That the City of Denton shall exercise all of its lawful powers when requested by the holder to aid in the collection thereof. Such certificates may also contain other appropriate and pertinent recitals. SECTION VII. In the event any such assessment for any reason whatsoever shall be held or determined to be invalid or unenforceable, then the City Council reserves the right to supply any deficiency in proceedings with reference thereto and correct any .mistake or irregularity in connection therewith, and at any time to make and levy reassessments after notice and hearings as nearly as possible in the manner provided by the Statute referred to in Section 8 hereof for original assessments and subject to the provisions thereof with reference to special benefits. SECTION VIII. Such assessments are levied under the provisions of the Acts of the Legislature of the State of Texas, known as Article 11056 of Vernon's Texas Civil Statutes. PASSED AND APPROVED-this the _ day of 1984, C . S , CITY OF DENTON, TEXAS ATTEST; CHARMIL . , C SECRETT,R4 CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORI-l C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS by; PAGE EXHIBIT "A" Estimated Front Foot Cost to Property Ownersi $53.43 Front Foot Estimated Total Cost to Abutting Property ownersi $550,000.00 RIDGEWAY DRIVE STREET 6 DRAINAQE PROJECT Ridgeway Drive-(From Interstate Highway 15-E to Teasley Lane) East Side Front Actual Footage Actual Footage Ownership Address Paving Curb _ Coat 755.24' Soutnridge Lit-iced Dallasreston Road 5205 755.24 755.24 $40,352.47 Partnership (David Dunning) 2235.48' Denton Residential, 2001 Bryan Tower 2235.48 2235.48 $119,441,10 N; V. (Ken 5hulm,Suite 3000 Texas 75201 1884.60' Dimension Develop- 1910 Pacific Ave, 1884.60 1884.60 $100,694.18 Mont Company Suite 1700 Dallas, Texas 75201 :vest Side Front Actual Footage Actual Footage Ownership Address Paving Curb Coat 1535.64' Dimension Develop- 1910 Pacific Ave, 1535.64 1535.64 $ 82,049.25 ment Company Suite 1700 Dallas, Texas 75201 2241.41' Denton Residential, 2001 Bryan Tower 2241.41 2241,41 $119,758.54 N.V, (Ken Shulman) DSuite allas, 30Texas 75201 3r,0 'tom Fouts 6 700 Dallas Drive 300.00 300.00 $ 16,029.00 Frank Crockett Denton, Texas 76201 391.50' Colson Real Estate D010oSantaMonica 391.50 391.50 $ 20,917.85 (Bill Colville) 122,29' Southridge Limited 7007 Preston Road 122.29 122.29 $ 6,533.95 Partnership Dallas, Texas 75205 (David Dunning) ningeway Drive-(Last ano Hest Portion of Teasley (F.M. 2181)) ;orth Side :11.77' Dimension Develop- 1910 Pacific Ave. 511.77 140.00 S 27,343.87 ment Company Suite 1700 Dallas, Texas 75201 :outr, Sias 315.77' ::ir,ension Develop- ).910 Pacific Ave. 315.77 315.77 S 16,611.59 nent Co-.pent Suite 1700 Dallas, Texas 75201 CITY OF DENTON MEMORANDUM T0: The Mayor and Members of the City Council FROM: Bill Angelo, Senior Administrative Assistant DATE: December 28, 1983 SUBJECT: Resolution for Landfill Permit Application As you know, we are in the process of submitting a permit application to the Texas nepartment of Health for the permitting of the proposed landfill site. The new regulations adopted recently by the Bureau of Solid Waste Management requires that the governing body of the Municipality submitting the application adopt a resolution obligating the Municipality to the financial responsibility for the construction, operation, maintenance, and proper closure of the site. Therefore, we have attached for your consideration a copy of the required resolution. Should you have any comments or questions on this matter, please let us know, Bill Angelo BA/sc Attachment 1 R E SO L U T I O N operapplied fromWthe~Te,xasheDepartm nt eofoHealtha to has and for a in is solid waste facility to be known as the Mayhill Road Landfill site; and WHEREAS, the City of Denton as part of the permitting procedure is required to give assurance of the City's financial responsibility to provide sufficient assets to properly operate the site and to provide proper closure; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TKXAS~ SECTION I. T!%&t the City of Denton, Texas accepts responability for the c City's onstruction, operation, maintenance and proper closure of the Landfill solid site in tfullaeccmpliancebwith othe as the Depalrtment Road of Health's Solid Waste Management regulations and all permit conditions issued pursuant to those regulations. SECTION II. That the City accepts full financial responsibility for the construction, o eration, maintenance and proper closure of the above refaranr,ad facilit;~. SECTION II'. That the City will provide adequate funds for the construction, operation, maintenance and closure of the above additional budgets and Fund will or acquire ther sources of funding available to the City as may become necessary to properly construct, maintain, operate and close the above referenced facility. PASSED AND APPROVED this the day of January, 1984. ATZ'~AR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE A CITY OF DENTON,~TEUS APPROVED AS TO LEGAL FORM; C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY; j' RESOLUTION Or THE CITY COUNCIL DESIGNATING AN ELIGIBLE BLIGHTED AREAL MAKING THE FINDINGS REQUIRED BY THE RULES OF THE TEXAS ECONOMIC DEVELOPMENT COMMISSION; AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT WHEREAS, by resolution of the City Council (the "Governing Body"), of the City of Denton, Texas (the "City"), authorized and approved the creation of the Denton Irxfustrlal Development Authority (the "Corporation") as a nonprofit Industrial development corporation under the provisions of the Development Corporation Act of 1979, Article 5190.6, Vernon's Annotated Texas Civil Statutes, as amended (the "Act"); and, WHEREAS, the Corporation Is authorized by the Act to Issue bonds on behalf of the City for the purpose of paying all or a part of the costs of a "project" as deflned In the Act, and to lease or sell the project or to loan the proceeds of the bonds to'flnance all or p-irt of the costs of a projects and, WHEREAS, the definition of "Project" In the Act Includes the land, buildings, equlpment, facilities and improvements (one or more) found by the Board of Directors of the Corporation to be required or suitable for • the promotion of commercial development and expansion and In furtherance of the public purposes of the Act, or Texas Economic rDeuse by velopm nt,eCommissionr(the "Commission"),, Ithe rules of rrespective of whether In existence or required to be acquired or constructed thereafter, if such project is located -in blighted or economically depressed areas; and, WHEREAS, as used in the Act, the term "blighted or economically depressed areas" means those areas and areas Immediately adjacent thereto within a city which by reason of the presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures, or which suffer from a high relative rate of unemployment, or which have been designated and Included In the tax Incremental district created under Chapter 694, Acts of the 67th Legislature, First Called Session, 1981 (Article 1066e, Vernon's Texas.Civil Statutes, or any combina- tion of the foregoing, the City finds and determines, after a hearing, substantially Impair or arrest the sound growth of the City, or constitute an economic or social liability and are a menace to the public health, safety or welfare In their present condition and use; and, WHEREAS, General Rule ,002(b)(9) of the Texas Economic Development Commission (the "Commission") as stated In the fourth printing of Industrial Development Band Financing In Texas, sets out special rules for approval of commercial projects in blighted or economically depressed areas; and Resolution Page I WHEREAS, the Governing Body of the City desires to authorize the financing of certain projects for commercial uses as provided In the Act and the above referenced Rule of the Commission establishing one or more eligible blighted areas; and, WHEREAS, the Act requires that notice of a hearing at which a city considers establishment of an economically depressed or blighted area shall be posted at the city hall prior to-such hearing; and, WHEREAS, on December 150 1983, the Governing Body of the Unit gave notice to the Texas Economlc Development Commission of such public hearing; and WHEREAS, the notice of such public hearing was published once a week for two consecutive weeks In a newspaper of general circulatlon In the City and notice of the public hearing was posted at the City Hall on peg, 30 ,1983. and+ WHEREAS, the notice provided to the Commisslon and as published and posted Included both a description of the area or areas proposed by the City to be designated as eligible blighted areas and the date, time and location of the public hearing concerning such designation; and WHEREAS, a public hearing was opened and held January 3, 1984, in the City Councli Chambers, pursuant to the Act and the Rules of the Commission for the purposes of establishing one more eligible blighted areas; and WHEREAS, the Governing Body of the City has concluded to request the Commission to approve,projects for commercial uses and therefore desires to adopt this resolution in compliance with the requirements of the Act and the Rules; Now, Therefore, BE IT RES04VED BY THE CITY COUNCIL OF THE CITY OF DENTON: Section 1. The Governing Body hereby flnds, determines and declares that the area shaded In red on the map attached hereto as Exhibit "A" to this Resolution shall be declared to be an eligible blighted area ("EBA") because such area, by reason of the presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures and which suffers from a high relative -rate of unemployment or a combination of the foregoing, substantially Impairs or arrests the sound growth of the City, constitute an economic or social liability and is a menace to the public health, safety or welfare In Its present condition and use, It Is expressly provided that the area "immediately adjacent" to this EBA Is confirmed to encompass only areas one foot in distance from the EBA. Resolution Page 2 S.teet ow1n 2, The overall objectives of 'the City for redevelopment and recovery of the R6A are as followsi A. To promote the present and prospective health, safety, rights to gainful employment and general welfare of the people of the City and the State of Texas. B" To promote the continued existence, development and expansion of commerce and Industry essentlal to the economic growth of the City and the full employment, welfare and prosperity of its citizens. CO To encourage the economic growth and stability of the City by Increasing and stablIz1ng employment' opportunities, significantly Increasing and stabllzing the property tax base and promoting commerce within the City and the State of Texas, D. To encourage employment of the Inhabitants residing in the vicinity of the RBA by encouraging employers to locate projects which will employ such persons In or adjacent to the EBA. Section 3. The Governing body hereby finds, determines, declares and represents io t the C~-ommisslon that the availability of financing of projects to be located within or adjacent to the EBA for commercial uses under the Act will contribute significantly to the alleviation of the blighted conditigns found to exist In the EBA, Section 4. The Governing Body of the City, in order to enhance its development efforts, desires and authorizes all commercial projects that ure an integral part of the local economy, Including, but not limited to, office and retail projects. The commercial project must contribute to the economic growth of stability of the Unit by (a) Increasing or stabilizing employment opportunities; (b) Increasing or stabilizing the property tax base; or (c) promoting commerce within the City and the State, Section 5. The Governing Body of the City w311 not approve any projects for commercial uses In or, adjacent to the EBA unless the applicant desiring approval of such project demonstrates to the satisfaction of the Governing Body that; A. The project conforms with the limitations, If any, provided in Section 4 of this Resolution; B. The project mill significantly contribute to the fulfillment of the overall redevelopment objectives of the Clty for the ESA; Resolution Page 3 C, The. project conforms to the project approval standards of the Rules and this Resolution by Increasing or stabilizing employment opportunl- tles, significantly Increasing or stabilizing the property tax base and promot- Ing commerce within the City and the State; and, D. The project Is In furtherance of the public purposes of the Act. Section 6. The Governing Body of the City hereby covenants and represents t Fa-77-will review all project descriptions for approval of specific projects for commercial uses In order to determine whether such projects are consistent with the City's objectives for redevelopment of the EBA. Section 7. The Mayor of the City is hereby directed to provide a certified copy of this Resolution, Including all exhibit,, to the Executive Director of the Commission as 1-equlred by the Rules, Unless V,e City shall be notified by the Commission to the --ontrary In writing within thirty (30) days #rom the date of receipt of such certlflt d copy of this Resolution, the ESA shall be deemed accepted by the Commit.lon, and the City and the Corporation may thereafter approve projects for commercial uses in and adjacent to the BBA in compliance with the Act, the Rules and this Resolution. Section 8, This Resolution Is adopted for the purposes of satisfying the conditions and requlrements of the Act and the Rules, and for the benefit of the Corporation, the Unit, the Commission, the residents of the City and all other Interested persons. Section 9. The Governing Body has considered evidence of the posting of notice of this meeting and officially finds, determines, recites and declares that a sufficient written notice of the date, hour and place of this meeting and of the subject of this Resolution was posted on the bulletin board at a pplace convenient to the public In the City Hall of the Unit for at least seventy-two (72) hours precedir:g the scheduled time of such meeting; such place of posting was readily accessible to the general public at all times from such time of posting until the schedule time of such meeting; and such meeting was opened to the public as required by law at all times during which this Resolution and the subject matter thereof were discussed, considered and formally acted upon, all as required by the Open Meetings Law, Article 6232-17, Vernon's Annotated Texas Civil Statutes, as amended, ADOPTEN January 3, 1984. ATTEST: _ City Clerk Resolution Page 4 A_ The area proposed by the City of Denton to be desig- nated as an Eligible Blighted Area is: bounded on the west side by~Ftt_35Worth Drive bounded on the south side by bounded on the east side b Meadow-Hyrtle Drives bounded on the north side 4 the Daugherty Street and Myrtle intersection. 1564M a _1 ~UIU 0,6 It i ' t X4.1 CI D LJ L . 0 D =DOTE] DO DID") I A ~ • i !1 ! ® r • N®D r'ls ' ` /e to • . ® c s, ILI L2 IFP ' 1 IIJ ~ f V • ~ 101/ ' ~ 1\ ~ \D IV f ~ i 1 r(4/D D~ ~ ~ ~ ^ 1 \ 4 ~I 111 • `!•I ~ Y ~ ~ S ~ Irv y~,•p-- II l,•, i ♦ . ~ E I Y If J~ 1" 1• YNt 1 j /0 ^ 5 r I -^1 1 I \ I / `111 Yit l r ~ .i♦ 11 G. Co > 1 ti r _~IIl..1•R ~_.~I~. -4-r u1 r' II L \ ---J w ' I !t7rar,- ` oft January 3, 1984 CITY COUNCIL AGENDA ITEM SUBJECT: Consider Sale of Diesel Engines. SUMMARY: P&B Contractors of Goodland, Kansas, has offered to purchase and remove all five diesel engine generators for a price of $170,000. Mr. Bob Pinkham will attend the January , 1483, Council ineeiting and present the proposal. The $30,000 in option fees paid to date will be applied towards the purchase price. All equipment associated with the units including the silencer stacks and cooling towers will be removed by June 1, 1984. A penalty fee of $200 per day will be levied if the units are not removed by Junn 1, 1984. The original brokerage agreement with P&B Contractors was for $70,000 each for the two Fairbanks-Morse units, $50,000 each for two Nordberg units and $60,000 for the other Nordberg unit. P&B Contractors has had two or three possible clients for the Fairbanks-Morse units, but only one client is now considering those units and final EPA approval has not been obtained to assure that the client can use the units. Therefore, P&B plans to buy the units directly, remove them, place them in storage and continue working with their client. P&B has had no prospective clients for the Nordberg units. Nordberg Company has been out of business for over 10 years, and these units are primarily purchased for spare parts. Essentially, P&B Contractors is offering $70,000 each for the Fairbanks-Morse units and $10,000 each salvage value for the Nordberg units. FISCAL SUMMARY: Proposal for all 5 diesel generators $170,000 ACTION REQUIRED; Acceptance of proposal from P&B Contractors for the purchase of the City's 5 diesel generators for a price of $170,000, and authorization for the Mayor to sign a contract with P&B Contractors accepting the proposal. 2714U/'2 RECOMMENDATION Fite Staff recommends Clio sale of the 5 diesel generators to P&B Contractors for $170,000. The Public Utilities Board will be meeting in Joint session with the Council and can provide their recommendation ac the meeting. Respectfully' R. E. Nelson Director of Utilities 2714U/3 f . AGENDA AJ)DENDUM CITY OF DENTON CITY COUNCIL. January 3, 1984 7:00 p.m. 1. Consent Agenda: A. Bids and Purchases 11 Purchase order number 61429 to Caruthers Oil, number 61434 to Ben Ivey Oil Co., and number 61452 to Reeder Distributing Co. CERTIFICA'T'E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ref{ day of 1983 at o'clock a l yu l f 0 CITY SECRETARY - 4e ~C'-c4e- y I 1'153C CERTIFICATE OF AUTHENTICITY THIS I$ Y4 CIAYIFY Thal the rnluophnlograph6 oppearlmj on 11116 PIIM•Flle Sfanin~ M,jth CITY COUNCIL AGENDA PACKET 01/03/84 and lnding with CITY COUNCIL AGENDA PACKET are accurate and complete repreducllonc of the 1a4ord6 el (Company and popl*) CCITT OF pENTON - CITY SECRETARY as delivered In the reovier 1our6e of ba oslnol6 for photographing. h 16 lurthor cortifled Thal the mleropholographic p►oac6o6 ware accornpllched In a rnanno► and on film which meel6 with requlrolnonlc of the Nallanol Surwu al Slandardl M pwmanonl m1craphatograp:114 copy, IWmaI ICCMn0600Y AY (WftPLACCi 10 uAft1,*Af,&M State Arlington, Texas 76010