HomeMy WebLinkAbout02-21-1984
CITY OF OENTONrIp ITY COUNCIL.
February 21, 1984
00int Work Session of the city of Uento>n City Council and the
Parks and kecreation Board on Tuesday, February 21, 1984 at
5:30 p,in. in the Civil 00fense Room of the Municipal BuiIuIng
at which the following items will be considered:
5:30 p,m.
I. Uiscussion on the YarKs and Recreation master plan,
2. Discussion of funds for beautification projects.
3. Uiscussion of iarroll Boulevard property dispositions,
4. Discussion of the siyrr ordinance for park facilities.
5. Discussion of the Parks and kecreation fees and
charges philosophy.
5. Executive Session:
A, legal Matters Under Sec, 2(eArt. 6252-17
v, . T.S.
8. Real Estate Under Sec, 2(fArt, 6252-17
V.A.T.S,
C. Personnel Under sec. 2(g), Ar' 6252-17 V.A.T.S.
U, Board Appointments Under Sec. 2(gArt
6252-17 V. A.T,S.
kegular Meeting of the City (if Uenton city council on Tuesday,
February 21, 1984, at 7:OU p.m. in the Council Ciiambers of the
iunicipal Building at which the following itums gill be
considereu:
7:00 p.m.
1. Presentation of a retirement plaque and resolution in
appreciation of Mr, Garl uonus for .i8 jears of service
with the City of Denton.
2. Receive bids for the purchase of $1,000,000 of Utility
System Revenue Bonds.
s, Consent Agenda:
Each of these items is recommended by the Staff and
approval thereof will be strictly on the oasis of the
Staff recommendations. Approval of the Consent Agenda
authorizes the City Manager or his designee to
implement each item in accordance 0th the Staff
recommendations.
City of OAnton Gity Council Agenda
February 21, 1984
Page Two
A. Bids and Purchase Orders;
11 Bid 0 9231 - Lee Meadows street
participation
2. Bid # 9237 - Concrete work, annual contract
3. Bid # 9238 - Police Sedans
4. Bid # 9239 - Uump trucks and body
S. Bid # 9240 - Pick-up trucks and van
6. Bid # 9242 - Street lignt poles and wire
B. Replats;
1. Consider approval of the final rep] at of
part of lot s, block U, Shady Oaks
Industrial Park Addition. {The Planning ano
Coning Comoission recommends approval.)
C. Tax Refund;
1. Consider approval of a tax refund to Ryan
Mortgage Company in the amount of $582.76
4. Receive a report on TMPA activities by the Board of
Uirectors representatives,
6. Consider approval of the use of Fred Moore Park for
the annual June 19th celebration and requesting ttie -
park remain open until midnight,
t,. Public Hearings;
A. 2-1634. This is the petition of Walter H,
DeRonde (Gemstone Development Company) requesting
a change in zoning from agricultural (A) to the
planned development (PD) classification on a
78.112 acre tract out of the Benjamin Lewis
Survey. The property is located adjacent ana
west of the Denton State School and east of
Uenton West Mooile Home Park with approximately
975 feet of frontage along FM 2181 (Teasley
Lane). If approved, the planned development IPUi
would permit the following uses;
Neigtiboehuod Services 6 acres
uttice/Retail Uses - 3.4 acres
Single Family - 51,/ acres with
approximately 3.8 units per acre (196 units)
City of Denton City Council Agenda
February 21, 1984
Page Three
Medium Uensity Residential - 18 acres With
approximately 416 residential units
consisting of multi-family, fourplex and
duplex
(The Planning and Zoning Commission recommends
approval,)
7, Ordinances;
A. Consider adoption of an ordinance authorizing the
issuance of City of Denton Uti I i ty System Revenue
bonds, Series 1584, and approving and authorizing
instruments and procedures relating thereto.
8, Consider adoption of an ordinance amending
Article 17 of Appendix b, exempting puolic parks
from the sign restrictions.
C. Consider adoption of an ordinance to quitclaim a
0.434 acre strip of right-of-way located along
the west side of Teasley Lane and south of
Londonderry Lane. (Q-62)
D. Consider adoption of an ordinance to quitclaim a
portion of right-of-way of Ruth Street located
between Cook Street and Industrial Street with
the condition that d 16 foot utility easement be
retained. (Q-63)
E. Consider adoption of an ordinance and notice
setting a date, time and place for public
hearings concerning the proposed annexation of
approximately 75.11 acres of land located west of
1-35W and south of the existing city limit.
([-1645)
F. Consiaer adoption of an ordinance and notice
setting a date, time and pIa%;e fur public
hearings concerning the proposed annexation of
approximately 15.99 acres of land 'located east of
Highway "077 dnd on the south side of Brush Creek
}toad. (4-1641)
G. Consider adoption of an ordinance and service
plan annexing approximately 175 acres of land
beginning at the existing city limit on the north
side of Highway 38U east, it-16111
City of Uenton City Council Agenda
February 21, 1984
Page Four
H, Consider adoption of an ordinance providing
revisions and additions to tile Subdivision
Ordinance including filing of plats, primary
references, street costs and participation,
drainage and driveway culvert specifictions.
11 Consider adoption of an oediiiance calling an
election for Mayor and the two at-large Council
Members to oe held April 70 1984,
b. kesolutions:
A. Consider approval of a resolution allowing the
County to do road work within the City limits.
8. Consider approval of a resolution protesting the
parole of Jahn William McCrory.
C. Consider approval of a resolution postponing the
regular City Council meeting of March 6 to March
13.
91 Consider authorizing the City Manager to enter into an
agreement with David M. Grittith and Associates to
update the cost allocation plan and fee study for the
City of Uenton.
10. Official Action on Executive Session Items:
A. Legal Flatters
8. Real Estate
C. Personnel
D. Board Appointments
1'I, New Business:
This item provides a section for Council Members to
suggest items for future agendas.
CERTIFICATE
I certify tnat the above notice of meeting was posted on the
bulletin boaro at the City Hall of t, a ty of Uenton, Texas,
on the day of 1984
~ at o'clocla. m.
.J
1 2640
AWIDA
CITY OF O NI'UN C11Y GOUNGIL
February 21, 1944
Joint Work session of the City of Uenton City Council and the
Narks and Recreation board on 1'uesduy, February ~1, 1984, at
b:3U p.m. in the G1vi1 Uefense Room of tie Municipal buiIuing
at which the following items will be considered;
6:30 p.m.
1. Uiscussion on the Narks and Recreation master plan.
2. Uiscussion of funds for beautification projects.
3. Uiscussion of Garroll Boulevard property dispositions.
4. Uiscussion of the sign urdinance for park facilities.
5. Discussion of the Narks and Recreation fees and
charges philosophy,
6. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 621,)2-17
V. A. 1'. S.
a. Real Estate Under Sec. 2( fArt, 6252-17
Y. A.f.S.
C. Personnel Under Sec, ktg), Art 6252-17 V.A.T.S.
U, uoard Appointments Under Sec. 2l, gArt
6252-17 V.A.F.S.
kegular Meeting of the City of Uenton city Council on 1'uosduy,
February 21, 1984, at 7:UU p.m. in the Council Chumbers of cne
Municipal Building at which the following items will be
con sidereu:
7:00 p,m.
1. Presentation of a retirement plaque and resolution 1n
appreciation of Mr. Larl cones for sd jears of service
wi th the Ci ty of Uenton,
2, keceive bids for the purchase of V,000,000 of Utility
System Revenue bonds,
s. Consent Agenda:
Each of these items is recommended by the Staff and
approval thereof will be strictly on the oasis of the
staff recommendations. Approval of the Consent Agenda
authorizes the City Hanager or his designee to
implement each item in accordance viith the Staff
recof,unendati uns,
Gity of Denton pity council Ayerida
February 21 , 1 9(44
Page Two
A, Bids and Purchase, Urders;
1, Bid # 92:7) - Lee Meadows street
participation
2, Bid # 9237 - Concrete work, annual contract
3. Bid # 9238 - Pulice Sedans
4. r'id # 9239 - Uurnp trucks and body
b. Bid # 924U - Pick-up trucks and van
o, Bid # 9141 - Street l1~Pub poles and wire
U. Replats:
1, Consider approval of the final replat of
part oi` lot U I o c k D, Shady Uaks
Industrial Park Addition, iTlie Planning and
Zuning Commissiun re curnmenLi s approval.)
L. Tax Refund,
1. Consider approval of a tax refund to Ryan
I-lortgaye Gompany in the (imuunt of $b8Z,76
4, Receive a report on TMPA activities by the Board of
Uirectors representatives,
b. Consider approval of the use of Fred Moore Park for
the annual June 19th celebration and requesting tire
park remain open until midnight,
U, Public Hearings:
A. Z-1634. Thi s i s the peti ti on of Wal ter li.
De Rondo (Gemstone Development Company) requesting
a change in zoning frum agricultural (A) to It hr;
planned development (PU) classification on a
78.112 acre tract out of the Be rijamin Lewis
Survey. The property is located adjacent ano
vest of the Deriton State School and east of
Denton West No oile down Park with approximately
916 feet of frontage along FM 2181 (Teasley
Lane ) . It approved, the p l anned ueve l opment I PU )
wool d pvrrni t the to I I owi ng uses :
Neiglrburhuud Services - b acres
uffice/Retail Uses - :,.4 acres
Single Family - J1./ acres frith
approximately .s.8 units per acre (196 units)
City of Denton City Council Agenda
February 21, 1984
Page Three
Medium Uonsity Residential - }e acres tri m
approxiraateiy 416 resIdo ntIaI units
consisting of multi-family, fourplex and
dupIox
The Planning and Zoning Commission recommends
approval.)
7. Ordinances;
A. Consider adoption of an ordinance authorizing the
issuance of City of uentolr Utility System Revenue
bonds, Series 1984, and approving and authorizing
instruments and procedures relating tneroto.
B. Gonsider adoption of an urdinance amending
Article 17 of Appendix U, exempting puolic parks
from the sign restrictions.
C. Consider adoption of an ordinance to quitclaim a
0.434 acre strip of right-of -gray located along
the west side of Teasley Lane and south of
Londonderry Lane.
U. Consider adoption of an ordinance to quitclaim a
portion of right-of -way of Ruth Street located
between Cook Street and Iodustrial Stroet wit'n
the condition that a 16 foot utility easement be
retained. iQ-631
E. Consider adoption of an ordinance and notice
setting a date, time and place fur public
heari rigs concerning the proposed annexation of
approximately A .'lel acres of 'land Iucated west of
1-35W and south of the existing city limit,
( Z-1645)
F. Consider adoption of an ordinance and notice
setting a crate, time and place for• public
hearings concerning the proposed annexation of
approximately 25,99 acres of laud "located cast of
highway 37'1 and on the south side of Brush Creek
Road. (L-1641)
U, Len Si der adoption of an ordinance and service
pl an a n n e x i rig appruxiTUa'CC ly 175 acres of 1 and
beginning at the existing city limit on the north
side of Hi ghody 380 east. i L-1 b~ I 1
141
City of Denton city Council Agenda
Vvbruary 21 , 1984
Page four
H. Consider adoption of an ordinance providing
revisions and additions to the Subdivision
Ordinance including filing of plats, primary
references, street costs and participation,
drainage and uriveway culvert specifictions,
1, Consider adoption of an uvdiii atic e calling an
election for Mayor anti the two at-large Council
munibers to be rreld Apri 1 7, 1984,
8. KesoIutions:
A. Consider approval of a resolution allowing the
county to du roau work witfl n the City limits.
B. Consider approval of a resolution protesting the
parule of John WiI'Iiuto McCrury.
C, Consider approval of a resolution postponing the
regular City Council meeting of March 6 to March
13.
9. Consider authorizing the City Manager to enter into an
agreement with David 1.1, Grittith and Associates to
update the cost allocation plan and fee study for the
City of Uenton.
1U. Official Action on Executive Session Items:
A. Legal Matters
B. Real Estate
C. Personnel
U, Board Appointments
11. New Business:
This item provides a s e c t i u n ror Council Members to
suggest items for future agundas,
CERTIFICATE
Y certify that the above notice of meeting was posted on the
bulletin boara at the City Hall of the city of Denton, re assq
Oil the day of 1984
at o clot a,m. p.m.
12640
DENTON PARKS AND RECREATION DEPARTMENT
COMPREHENSIVE MASTER PLAN
TABLE OF CONTENTS
Page
Introduction 1
Demographics 1
Trends 2
Surveys 3
Standards 5
Recreation Standards b
Park Classification/Standards 7
Recommendations 9
Recreation Facility 9
Parks/Open Space 14
Adult Sports 21
Youth Sports 22
Beautification ?3
Arts 24
Senior Services 25
Therapeutic Recreation 26
Summary of Recommendations 27
Zone Recommendations 29
Funding Possibilities 31
Summary 34
INTRODUCTION
A to ical place to begin the presentation of a five-year Master
Plan is with a short discussion on the need for municipal parks
and recreation departments. Municipal leisure service agencies
are charged with providing facilities, programs, and leaderhsip
that recognize, promote, and encourage meaningful leisure
experiences. Leisure experiences offer the best opportunity
for citizens to express themselves in a personally rewarding
manner. Recreation is modern society's avenue to actualize
self-determination, dignity, and self-worth through positive
actions and interactions. These actions and interactions can
most readily occur in the place, atmosphere, and company that
allow an Individual to feel relaxed and confident. A municipal
parks and recreation department has an obligation to provide
leisure situations that individuals cannot provide for
themselves. Modern urban life has taken away much of the open
space and many of the relaxation opportunities that people once
took for granted. It Is understandable that society is acting
to provide some leisure opportunities that enhance the quality
of modern life.
It is the intent of the Denton Parks and Recreation Department
to fulfill the desires of the citizens of Denton in an
efficient, effective manner. To reach that goal, the Department
intends to maintain the high degree of professionalism
necessary to implement, administer, and evaluate its
proposals. To provide a framework for that process, the
Department has been involved in an evaluation and information
gathering mode that we believe will allow an appropriate plan
to be presented.
DEMOGRAPHICS
Denton was established in 1857 on 100 acres of land provided by
area donors. In 1866, the Town of Denton became an
incorporated city of about four square miles. Geographic
growth was slow and inconsistent until it doubled in 1960 from
nine to 18 square miles. Consistent annexations since have
brought the figure in 1984 to approximately 40 square miles.
Population growth has also been Inconsistent but always
upward. Ranging from a low growth figure of 13%, from ,1910 to
1920, to a 90.9% in the 1940's. Until the 1960's census, the
City-had garnered a larger and larger share of the population
of Denton County. This figure was as high as 56.6% in 1960.
The percentage has fallen off to a 3046% COG estimate for
1983. In the 1980's, the City has had a population increase of
8,189 people which is a jump of 20.5$. Denton County has had
an increase of 75,682 which figures to a percentage rise of
89.2%.
1
The high growth rates experienced by some of the cities in the
southern p~part of Denton County are not necessarily enviable.
The NCTCUG now estimates that the City is growing at a 2.693
annual rate with the County at a rate of 6.2234 The rate for
the City promotes economic growth and allows for effective
municipal planning. It also means that the traditional
stability of Denton can effect agreeable, acceptable life style
changes for its citizens.
The most unique variable in the population figures of Denton is
the presence of two state universities. North Texas State
University and Texas Woman's University contribute in many ways
to Denton. Due to their presence, census data shows an
unusually high percentage of residents in the 20-24 age groupp.
The concentclation of this age group is also exhibited by the
fact that the median age for the City is 24.9 years. This
compares to 27 year for Denton County and 28.2 years for the
State of Texas. Another revealing statistic is that of size of
household. The figures are: City - 2.36; County - 2.77; State
- 2.82. Without the effect of the universities, the figures
would probably closely reflect the State average.
The ethnicity figures for the City have been very consistent,
percentage wise. The 1980 census revealed that about 8S3 of
Denton residents are white. Small changes in racial
proportions are another example of the population stability.
Minority citizens are concentrated around the two universities
and in southeast Denton.
Senior citizens have found Denton to be a favorable place to
live. From 1970 to 1980, the 60+ age group increased from
3,908 to S,479, a 403 increase. Seniors have found Denton
large enough to supply their unique service needs yet small
enough not to be too hectic and uninviting. Seniors are now
11.43 of the population of the City, and that percentage will
be steadily rising in the future.
TRENDS
Trends, and their impact on departmental planning, are an
important, on-going consideration. Trends affect local parks
and recreation departments perhaps more than any other city
department since the effect is both from a demograpphic and a
program preference angle. It is important to be able to
differentiate between fads and long-term leisure interest
shifts. Parks and recreation departments mush be very, careful
when allocating resources that those resources are soundly
invested.
Some of the most pronounced trends in municipal leisure service
provision are joint use of facilities agreements, fitness and
health attitudes, supplying appropriate leisure services to
handicapped and aged citizens, and fees and charges revenue
enhancements.
f
it is wise to consider any important
, o se t Is Denton is often
speaking i
Demographically and stable
changes or shifts in the middle cpassitweig educated, to keep
white, necessary artmental
deseribedyy asita that framework, impact on dep
closeniobservt i on of changes that might decisions* local surveys indicate
While the population is stabtiherenare natlonal trends that
slow-to"change on 3.ocal Issues, include a higher
Some of these changes
ly local and state),
affect everyone* government (esP
look in the axereit°ffamiliess
citizen involvemoFtcbnsrvatism, decrease
basic out many more single p s and less
with part of that tTenciesn8acting more as facilitator
and governmental age
as front-line providers of social services.
SUP,
Y BYS
Parks Recreation
, the Denton l and
tan rovided by a
In writing basis p on information techniques have
Department relied heavily survey
of state and local surveyse valid results may
variety oint so that extremely d the total
been developed to sapping of a small P of modern survey
be obtained through The valiUSeY the information
population under ciesrtoi6confidently
techniques allows agenc
gathered. ToRP) is completed everv five
outdoor Recreation Plan { rtment. ToRP I$ the
A Texas Texas Parks and Wildlife DePa Act of 19b5; the
years by the Conservation the federal
Land and Water o
r rtioned by agencies to
result of the that act are apt
funds provided by distributed in
government to eaoch state fo dThese funds arel°ca and These Department and usually
provide for outdo r rec'parkson~ To qualify for these
Texas by the Texas rants#
ate must complete an outdoor re~ceasuch
take the f0T'a of 50/SO
stmatching g addresses itself
federal monies, TOR?. The report add an inventory
report such issues and recommendations, of outdoor
subjects as statewide resources, a discussion and outdoor
of outdoor recreation deficits of resources, of the same
recreation activities, breakdown ]arming areaso
recreation spending. There is°nalABCha of the z4 p the whole
sion Tearea four which includes
types of discus
Denton is in planning
metroplex• used as an
list of surveys that were
The following is a the 5-year plan:
information base in formulating
3
State Surveys
e 1981 Outdoor Sportin Goods Expenditures in Texas - by
Texas Parks and Wildli a Department
* Texans Opinions on Parks and Recreation Issues in 1982 -
by Texas Parks and Wildlife Department
Local Surveys
1982 Denton Area Recreation Resources Guide - Denton Parks and
Recreation Department
1982 Planning Committee Report Long Range Facility
Construction and Major Maintenance Plan 1982-83 through
1986-87 - Denton Independent School District
1982 Denton Survey - James J. Glass
1969 Decisions for Denton - Recreation and Entertainment
Committee
1982 Survey of Citizens Attitudes and Use of Denton's Park and
Recreation Services and Facilities - Division of
Recreation and Leisure Studies, North Texas State
University
1982 Denton Recreation and Parks Survey: High School Study -
Division of Recreation and Leisure Studies, North Texas
State University
1969 Leisure Behavior and Opinions of the Citizens of Denton,
Texas 1969 - Denton Parks and Recreation Department
1983 Neighborhood Leisure Needs Survey - Denton Parks and
Recreation Department
1983 1983 Denton Survey - James J. Glass, North Texas State
University
1983 Community Leisure Facility/Program Inventory
Additional resources that should be noted are:
Texas 2000 Commission Report and Recommendations - Office
of the Governor
1980 Texas Outdoor Recreation Plan (TORP), The State
Summary - Texas Parks and Wildlife Department
1980 Texas Outdoor Recreation Plan, The North Central Texas
Region - Texas Parks and Wildlife Department
- 4 -
STANDARDS
Probably there are few people who realize that standards exist
to help parks and recreation professionals in the determination
of acceptable amounts of open space and appropriate numbers of
recreation facilities. These standards allow local agencies to
express current and future resource objectives in quantitative
terms. It is hoped that these objectives can be translated
into the needed acquisition, improvement, and management
projects that will provide the citizens of Denton with the
level of leisure services they desire and deserve.
The National Park and Recreation Association has provided a set
of standards they describe as a guide to meeting community
needs. The standards they have deemed appropriate reflect a
great deal of research and professional experience. These
standards were last updated in 1982.
Using NRPA standards as a basis, and applying information
gathered through several surveys, the Denton Department is
satisfied that the standards proposed herein ark appropriate,
attainable, and deserving of consideration. Community
standards must satisfy several criteria to serve as a guide for
localized planning:
* They must reflect the needs of the people in the specific
service area.
* They must be realistic and attainable.
* They must be acceptable and useful to both the
practitioner and the policymaker.
* They must be based on a sound analysis of the best
information available.
In conjunction with a discussion of park standards should be an
explanation of the parks classification system. Classifying
makes it possible to communicate through using the terminology
most common around the country. The Denton Parks and
Recreation Department uses the NRPA system almost exactly.
- 5 -
RECREATION FACILITY GUIDE
**Available Existing
Outdoor Facilities _ Goal *Standard _to-Public Variance
Soccer Field 1/4,000 13 6 7)
Football Field 1/10 000 5 3 2)
Picnic Shelters 1/2,00 13 10 3)
Picnic Areas 1/1,000 S2 24 (28)
Baseball Diamond Lighted 1/6,000 9 5 (4)
Softball Diamond Lighted 1/7,000 7 5 2)
Tennis Courts 1/2,500 21 18 3)
Basketball Courts 1/5,000 10 7 3)
Handball/Racketball (4-Wall) 1/8,000 6 ry0 (10)
Play Areas 1/11500 34
Golf Course (18 hole) 1/25,000 2 0
Swimming Pool 1/20 000 2.5 1.5 (1)
Shuffleboard Lighted 1/5,b00 10 0 (10)
Horseshoe Lighted 1/5,000 10 0 (10)
Volleyball Lighted 1/5,000 10 0 (10)
Archery Range Lighted 1/S0,000 1 0 41)
Amphitheatre 1/50,000 1 0 1)
Shooting Range 1/50,000 1 0 {1)
Indoor Facilities
Community Recreation Center 1/50,000 1 0 (1)
Disctrict Recreation
Center (with gym) 1/15,000 3 2 (1)
Senior Center 1/50,000 1 1 0
Swimming Pool 1/50,000 1 0 ('1)
Outdoor Education Center 1/50,000 1 3 (1)
* Based on 1983 COG population estimate of 51,700
**Provded to public by vano ty of sources
6 -
00PONFNT Usk SERYICf AREA U SIRAW SIZE ACRES/I1 000 U SIRAYIF C
MPOW1014 CHARACT C
A. I.OCAI./U05CT0-
HOME SPACEi
Neighborhood Park/ Specialized facilities that less than 1-milt, 1.6 acres Within nelghberhoods and in clua,t
Playground - Type 1 serve a concentrated or radius, proximity to apartment complexes„
limited populatlon or speci• townhouse developwent or housin,,t
flee group such as tots or ' for the elderly,
senior citizens, Total Acroagqe
for Type I i II
Iteighborhood Park/ 3 acres
Playground - Type II Area for Intense recreatiunal 1 to 1-wile 1046 acres Suited for Intense develpppsent.
activities, such as field radius to serve a Easily accessible to neigghborWiMl
games, court games, crafts, populat4ion up to populatlon••geographically centa,red
playground apparatus area, 5,000 {a nolgh- with safe walking and bike accaN,:
picnicking, wading pools, etc, borhoodMay be developed as a school-parch,
facility,
CaNIM111ty Park Area of diverse environmental Several neighbor- 30+ acres 6 acres May Include natural features, sunill >
quality, May include areas hoods, 1 to 2 as water bodies, and areas sui w1d W
suited far intense recreational mile radius, for Intense developp~mW W. [asiI,k 7c
facilities, such as athletic accessible to neiohborhood servcna, h
complexes, swluvein9 pools, May
be an area of natural quality n
for outdoor recreation, such as H
walking, viewing, silting, t^
picnicking, May ba any combl- -n
nation of the above, depending
upon site suitability and com-
munity need,
v TOTAL CLOSE-TO-NOME SPACE - a ACRES/1,000 POPULATION
4 -
N
_ A
0, REGIONAL SPACE; Z
b
a
Regional Park Area of natural or ornamental Several communl- 2001 acres 6 acres Contiguous to or encompasstng~
quality for outdoor recreation, ties. I hour natural resources,
such as picnicking, boating, driving time,
fishing, swimming, camping,
and trail uses) may include
play areas,
TOTAL REGIONAL SPACE - 5 ACRES/1,000 POPULATION
C, SPACE THAT MAY It LOCAL OR REGIONAL All IS UNIQUE TO EACII COMMUNiTYI
Linear Park Area developed for one or No applicable Surficient width variable Guilt or natural corridors, -Such
more varying modes of recrea- standard, to protect the as utility rights-of-way', Ohu,ff
tional travel, such as hiking, resource and pro- tines, vegetation patterns, auul
biking, horseback riding, vide maximum use, roads, that link other cowlran,ents
cross-country skiing, canoeing, of the recreation system or ;;eai-
and pleasure driving, May munity facilities, such as srnnol,
Include active play areas, libraries, commercial areas, and
(NOTE; any included for any other park areas,
of above components may
occur in the 'linear park,')
COMPONENT USE SERVICE AREA OCSIRABEE SIZE ACREW QOQ, DESIRABLE SITE
ON _ CIIARACTERISTICS
Special Use Areas for specialized or singAle No applicable Variable depending 4ael4ble within communities,
purpose recreational actlVlties, standard, on desired site,
such as golf courses, nature
canters, marinas, zoos, con-
servatorles, arboreta, dlspplay
gardens, arenas, outdoor thea-
ters, gun rangos, or downhill
ski areas or areas that pre-
serve ma~ntain, and interpret
buildings, sites, and objects
of archeological signtficance, v
Also plazas or squares In or
near commercial centers, boule-
vards, parkways,
. n
r
a
cn
Conservancy protection and management of No applicable Sufflelent to Variable Variable, depending on the
the natural/cultural enviroo- standard, protect the resource, resource being protecteJ.
moot with recreation use as a
secondary objective, n
a
CO i o
z
ti
y
a
7
C7
a
70
b
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RECOMMENDATIONS
RRCOMMR'iDATIONS
Recommendations made within this plan represent a great deal of
research, public input, and thorough, professional thinking.
Priority decisionso are not easy, and there is the realization that
.re cannot always control the pace or make the final determination as
to which projects are funded. However, we believe it is important
to make determ nations as to what needs we have and the order in
which those needs will be mitigated. Not being able to predict when
resources (through gifts, grants, budget allocation, etc.) will be
available, we are making every effort to ensure that those resources
are allocated in a logical, fair, best-use manner. We also realize
that circumstances can change quickly. Changes may make it
necessary to re-arrange some priorities even to the extent of
including some new projects and excluding some that we now rank
highly. Acting ahead of time gives us an opportunity to consider
things in an objective, timely manner. We will do our best to
fulfill this plan as presented. Any plan involving so many
variables must be dynamic in nature but still able to provide a
framework of resource allocation and a measuring tool of
departmental achievements.
Recreation Facility Recommendations
Recommendations for this area were determined by the professional
staff in conjunction with the Parks and Recreation Board.
Information which helped determine these needs came from two
community surveys conducted by North Texaj State University, a
survey of neighborhood areas in Denton conducted by the Parks and
Recreation Department and many interviews with other service
providers in the community. To refine our recommendations we met
with the Denton Independent School District, Denton State School,
North Texas State University, and Texas Woman's University to
discuss their philosophies and needs. We also completed a community
inventory of leisure related facilities and programs to give us an
initial understanding of existing facilities in the community.
Standards were also established in this area to give us future
guidance on facility expansion which is tied into Denton's
population growth.
These facility recommendations will hopefully aid the Department in
focusing on community needs and provide specific goals which we will
try to accomplish. Our future expansions will rely very heavily on
cooperation with the Denton Independent School District.
1) Community Center;
One important -ecommendation is to provide the community a
facility which would be attractive to Denton residents of all
ages and interests. It would hopefully become the heart of our
community by providing services to a wide range of citiaens.
It would also enable our residents to have access to year
around facilities on a par with the universities which are only
available to faculty staff and students. This facility would
also meet some special needs of the community by providing the
9
teens a supervised area for them to gather. It would also give
all those interested in physical fitness a number 4f exercise
program andheprovide wrhed Statew Schoolarandr Denton Independent
School District a facility for their students, It would also
allow us to drownproo£ all of Denton's elementary school
children by providing classes at the pool during the school year.
The facility envisioned would have a number of meeting rooms and
offices, a gym with an indoor running track, conditioning room,
racquetball courts, locker areas, indoor pool, gameroom/arcade,
snack bar, multi-purpose room, This facility would be ideally
located in the Mack Park area because it is close to low income
areas who do not have adequate transportation, will be the
geographic center of town very soon, has good access from other
parts of town to McKinney, provides a facility on the east side
of town (2 centers on west side), and we already have some
development and land at Mack Park,
Typical Community Center Floor Plan
1
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2) Senior Center Bxpanstona
Another important recommendation is the expansion of the current
Senior Center to include numerous offices for staff and other
agencies involved at the center, examination/first aid room,
gauge room, cafeteria style kitchen, multi -purpose room, and
outside patio/ggame area. This expansion will help to alleviate
the crowded conditions that exist many times as well as provide
more space for expanded programs and service so
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SHADED AREA REPRESENTS EXISTING FACILITY
- 11 -
3) School/Center in Northeast Dentont in the
nice to the need for gym space in Denton and specifically
gymnasium to .
northeast section, we woul jr opos builditherOWileangor Ginnings) 00 site ap, existing elementary h
we would
and allow the schooantdoS°sectioningfththecschooldon*evenings and
proggram the gym This would provide
we~tk ends. 'This arrangement would provide us added gym spsca a
a far, less cost than a recreation center, benefits to both the Parks and stricteath
lion roughepthisencooperative
Denton Independent School
effort.
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4) Bikeway Master Plan:
define safe routes throughout Denton and
This plan would help to that is growing rapidly in popularity.
encourage an activity
12 -
S) School/Center in Southeast Denton:
As In northeast Denton, we would propose a school/center be
established in Zone 6 when the population of that area reaches
10,000 people. This would add a g m on to Sam Houston
Elementary School or another elementary school constructed at a
later date The school/center complex provides for the gym to
be used by the school during the school day and a section of the
school as well as the gym to be used by the Recreation Division
duringg the evenings and weekends. This would provide recreation
facilities and programs for far southeast Denton.
6) Expand Tennis Center:
The tennis center at North Lakes Park will need an office/pro
shop as well as expansion of courts from the current six lighted
to ten lighted. Supplemental facilities such as lighted outdoor
racquetball courts should also be considered.
7) Investigate Expansion of Gun Range:
A study should be undertaken to review the need for a gun range
that is open to the public but also available for police officer
training.
8) Municipal Golf Course Study:
A feasibility study should be undertaken when the population of
Denton reaches 65,000 to determine the need for another public
golf course.
9) North District Pool:
When the combined population of Zones 1 and 2 reach 20,000,
build a pool in the Evers Park area.
10) South District Pool:
When the combined population of Zones 5 and 6 reaches 20,000,
build a pool in the
13 -
Park Develo„~ nt Advisory Group Recommendations
Advisory Group Memberst
Starve Panningg Susan Hudson
Charles Borth Doug Key
Stanley Thames Ann Reban
Frank Feigert Marcia Henderson
Charles Glasgow Bob Tickner
The advisory group recommendations for existing park development
were
1) Civic Center Park
Development of amphitheatre area
Renovation of play area
Construct overflow parking lot between pool and Senior Center
Picnic pavilion
Expand garden area and add gazebo
Develop landscaping plan
Improve irrigation system
2) Mack Park
Develop landscaping plan
Improve irrigation system
Renovation of play area
3) Milam Park
Renovation of play area
Small shelter
Develop landscaping plan
Improve irrigation system
4) Joe Skiles Park
Develop landscaping plan-
Improve irrigation system
Renovation of play area
Develop picnic area
5) Denia Park
Renovation of play area
Improve irrigation system
Construct new restroom/concession stand
Re-Iamp fields, straighten poles
Pave and paint parking lot
Develop landscaping plan
Develop picnic area
14 -
f
' 6) North Lakes Park
Develop landscaping plan
Fix drainage problem3
Improve irrigation system
Develop picnic area
Renovation of play area
Construct soccer complex
Deepen lakes
7) Fred Moore Park
Develop landscaping plan
Renovation of play areas
Develop parking lot
improve irrigation system
improve hard surface area
Picnic pavilion
8) Phoenix Park
Develop landscaping plan
Improve irrigation system
Install shelter
Renovation of play area
Develop picnic area
9) Nette Schultz
Construct basketball court
Install shelter
Renovation of play areas
Develop landscaping plan
Improve irrigation system
Bridge over drainage area
Develop picnic areas
10) Evers Park
Re-lamp fields, straighten poles
Develop landscaping plan
Improve service road
Develop play area (south section)
Develop picnic area (south section)
Install shelter (south section)
Improve irrigation system
11) Bowling Green Park
Develop landscaping plan
Install irrigation system
Install shelter
Develop ballfield
Construct hard surface area/basketball
Renovation of, play area
Develop picnic area
15 -
12) McKenna Park
Develop landscaping plan
Improve irrigation system
Install picnic pavilion
Improve parking areas
Renovate play areas
Improve hard surface area
Improve existing shelters
Develop picnic areas
13) Carroll Blvd.
Develop landscaping plan
Improve irrigation system
14) Woodrow Lane Park
Remain as tree nursery until decision to develop
15) Windsor/Stewart Site
To be developed after neighborhood needs assessment
16) Cooper Creek Park
To remain undeveloped until demand for housing develops in t?:at
area
17) Airport Road Park
To remain undeveloped until need for the area is assessed
Develop target range if feasible
16 -
FACILITY/OPEN SPACE PROJECTIONS FOR MASTER PLAN
Neighborhood Community Regional
Est• Pop. _Park Acres Park Acres Park Areas Total Acres
Existing 47 150 310 507
S2$000 156 260 260 676
$5,000 165 27S 275 715
58,000 174 290 290 754
61,000 183 305 305 793
640000 192 320 320 832
670000 201 335 33S 871
709000 210 350 350 910
Standards: Neighborhood Park 3 acres/1000 pop.
Community Park S acres/1000 pop.
Regional Park 5 acres/1000 pop.
Type: Neighborhood (Type 1) size 1-5 acres
Neighborhood (Type II) size 10-15 acres
Community Park size 30+ acres
Regional Park size 200+ acres
Facilities:
Neighborhood (Type I 8 11) Community Regional
*Playfields *Athletic fields *Natural areas
*Picnic areas areas *Play area *Outdoor recreation
Picnic areas *Special interest
*Shelter(s) *Shelters
*Hard surface area *Hard surface area
*Recreation
facilities
Existing Standard Difference
Zone 1 - Population 4488:
Neighborhood Park Acreage 5 13 -g
Community 40 22 +18
Zorte 2 - Population 10766:
Neighborhood Park Acreage 10 32 -22
Community 0 54 -54
Zone 3 - Population 15532:
Neighborhood Park Acreage 0 45 -45
Community 20 75 -55
Zone 4 - Population 10859:
Neighborhood Park Acreage 15 33 -18
Community 20 55 -35
Zone 5 - Population 4220:
Neighborhood Park Acreage 0 13 -13
Community 25 21 +4
Zone 6 - Population 6207:
Neighborhood Park Acreage 16 19 .3
Community U 17 31 .31
Neighborhood Parks
The rationale for neighborhood parks is that all parks and
playground facilities cannot be provided in natural areas, i.e.,
greenbelts, which in many instances are far removed from the
residential areas. Facilities near residential areas are required
in order to allow individuals to walk from their homes to play
tennis, baseball, or engage in other sports. These facilities,
along with the schools, should bo provided in the neighborhood
park/school complexe The concept of joint school-park facilities
saves substantial public funds by avoiding the duplication of public
effort*
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At present, there is a clear deficiency of accessible park land in
our neighborhood areas We are approximately 110 acres below
standard for this type of open space. Existing neigghborhood parks
are, at present, adequately serving only 30; of Denton's
population. To increase that percentage we are proposing the
following t
1) Work with the DISD to identify and lease certain tracts of
school property to create school/park sites. The City
would then maintain and develop these sites with approval
of the DISD In this way, many new park sites can be
secured without any purchase of land. The schools would
benefit due to reduced maintenance costs and additional
outdoor equipment and facilities for their students. We
would suggest that all school sites be considered except
the Nigh School, Strickland, Woodrow Wilson, and Borman.
This would bring into the park system six new school/park
sites and would increase our park services to approximately
50% of the population of Denton.
2) Try to lease land from individuals, businesses, churches,
agencies, schools, etc., in or around the priority areas
indicated on the park development map. These priority
areas are areas that have a high residential density but do
not have parks in their immediate areas. If parks could be
secured in these areas, we would then be providing adequate
park services to approximately 90% of Denton's population.
3) If land cannot be secured on a leased basis as per
recommendations one and two, we would propose the City
institute a land acquisition program targeting neighborhood
park sites.
Community Parks
We also have a deficiency of appproximately 100 acres in the amount
of community park laird that should be available. To keep up with
recommended development, we are proposing adding on to existing
community parks and acquiring new sites in two areas of town. The
following recommendations will hopefully bring us up to standard;
1) Acquire land adjacent to Evers Park, Mack Park and Denia
Park for future development.
2) Acquire two new community park sites in planning areas two
and six. These sites should be in excess of 30 acres each
and located as centrally in each area as possible. We must
also take into account areas of natural uniqueness.
Linear Parks
Linear parks are a way to provide buffer, beautification and a
passive alternative to the more active park areas. 'these parks are
possible on drainage way, utility easements, parkways and
19 -
boulevards or in open space areas or greenboolt& that link community
areas. Recommendations in this area includes
1) Continue development and beautification of Carroll Blvd*
open sppace areas if Carroll is extended, these areas
should be extended as well.
2) Develop a study of drainage ways, utility easements and
greenbelt needs so community facilities can be linked by
linear open space areas.
3) Develop parkways/boulevards on new major thoroughfares as
they are planned and constructed University Drive botween
Bell and Loop 288 may provide this opportunityo
4) Consider landscape setbacks when property owners own
property up to curb on major thoroughfares.
Special Use Areas
Special use areas are areas set aside for specific leisure
opportunities.
1) If feasible, develop target range at Airport park and open
to public$
2) Consider Pilot Knob area for park with historic
significance. Could possibly use area for petting zoo and
museum of natural history.
20
Adult Sports Recommendations
Advisory Committee Members:
Bobby Griffith Bill Chamblee
Donna Woods Wayne Hudgens
Joe Keahey
The various adult sports leagues have recommended thati
1) All adult softball programs be moved to Mack Park
2) Two additional lighted fields should be constructed immediately.
3) Two more softball fields should be constructed when the need
arises,
4) Touch Football and Rugby will continue to use fields at Evers
Park.
21 -
Youth Sports Recommendations
Advisory Group Members:
R. D. Krone Jane Malone
Ronnie Roberts Billy Ryan
Willie Hudspeth
The various youth sports groups recommended than
1) The 4-baseball/2-football field complex at Evers Park be
liedo
2) Thehfields at Denia be renovated and re-tamped.
3) Construction of additional practice fields at Evers.
4) Construction of restroom/concession s"?nds at Evers and Denia.
5) Re-surface parking areas at Evers an. 'r,%nia.
22 -
Beautification Advisory Committee Recommendations
Advisory Group Members:
Fred Patterson Jane Mitchell
Stanley Lovelace Candice Liepe
Mary Isham Mrs. Wilford Pierce
Grant Jacobson Gertrude Gibson
Tom Harpool Mrs. Fo W. McKnight
Delbert Overstreet Roberta Donsbache
Charles Hanley Donna Ryan
Bob Ticknor
The Beautification Advisory Groups recommendations included:
1) Identify and landscape visible areas.
2) Tree planting program in parks.
3) Expand irrigation system in parks.
4 Median Improvement on University Drive from Carroll to I-35.
5~ Plant wildflowers along roadsides.
6) Expand garden area in Civic Center Park.
7) Tree planting program in community.
8) Median improvement on University Drive from Bell to Loop 288.
9) Get business, group, agency support for projects.
10) Establish an ordinance to protect beautification areas.
11) Develop overall beautification theme for City.
12) City should fund at least one beautification project per year.
13) Start an adopt an area program.
14) Develop ordinances to encourage beautification during
development.
15) Adoppt minimum standards for builders and developers in regard
to beautification-
- 23 -
Greater Denton Arts Council Recommendations
The Arts Council recommendations included:
1) Construction of stage and acoustical shell in Civic Center Park.
2) Sculpture garden in Civic Center Park.
3} ,joint sponsorshipp of summer arts festival.
4) Investigate further areas of joint programming.
establish a formal process for accepting art for public places.
6) investigate creation of an arts district.
24 -
I s
Senior Citizens Advisory Group Recommendations
Advisory Group Members;
Roberta Donsbache Carol Riddlesperger
Dr. Cora Martin Dr. Ral h Leach
Dr. Bert Hayslip Dr. Mare Fuller
Dr, Jean Tague Wanda, Knaffle
Douglas Wuenschel Deana Nenness
Joe E. Cole U4 J. Ramsay
Ann Cainley Eric Rounsfell
Elizabeth Farring Marian Hamilton
Theda Holloway Peggy Fogle
Elaine Murphey Pat Kayser
Art Shields Paul Ephrem
Modena Anderson Tom Fairchild
Dr. Steve Applewhite Frank Davila
Joe Bryant 0s B. O'Brien
Moody Fuller Raymond Pitts
Vergie Nimmo Howard Pulliam
Fred Coffey' George Clements
Reba Pilkey
The advisory group recommendations included:
1) Expand program services.
2) Investigate possibility of satellite programs in targeted areas
of the city.
5) Expand Senior Center.
4) Establish a networking system with other agencies providing
services to seniors.
5) Increase public awareness of senior services.
25
Therapeutic Recreation Advisory Council Recommendations
Advisory Council Members:
Lloyd Sanborn Jim Maestro
Earl P. Fitts Dr. Claudine Sherrill
Barbara Allen Barbara Sanchez
Loretta May Kathy Peterson
Dave Bryant Lynne Heilbuth
Dr. Jean Tague Joannie Hill
Burl Bourland Ann Cummings
Mary Zold Kathy Tedrick
Mrs. X# E. McIntyre Tow Montelione
Marilyn Cooper
Recommendations of the advisory council included;
1) Develop year round swim program.
2) Expand arts services for disabled.
3) Provide better access to City pool for disabled.
4) Expand general programs for the disabled.
S) Dedicate one FT staff person to this area.
6) Identify agencies who provide services.
7) Identify people with disabilities and determine their needs.
8) Generate greater involvement of disabled in existing programs.
26 -
SUMMARY OF RECOMMENDATIONS
FACILITY/PROJECT IMPACT "RATING
gF~' es+6e"TWw nc u e acqu• s on eVe opment costs on y. AAAA - gg prior
Projects will be reviewed as funding becomes available to *AA - medium prior
determine actual priority of projects at the time. Impact `
dollar figures. based on 1984 cost estimates.
Recreation Facility Recommendations
1. Purchase land for community center $00,000 AAA
2.. Construct community center 20S001000 AAA
3. Construct school/center in Zone 2 $00,000 AAA
4. Expand Senior Center 7$0,000 AAA
5. Bikeway Master Plan 51000 AAA
6. Construct school/center in Zone 6
when population reaches 10,000 500;000 AA
7. Expand tennis center 350,000 AA
8. Investigate expansion of gun range AA
9. Municipal golf course study when
population reaches 65,000 AA
10, When Zones 1 6 2 reach combined
population of 20,000, build pool
in Evers 6000000 AA
11. When Zones 5 & 6 reach combined
population of 20,000, build pool
in southern area of city 6000000 A.A.
Parks/Open Space Recommendations
1. DISD school/parks - 6 sites($S0,000/
site) 300,000 AAA
2. Acquire & develop 100 acres
for neighborhood parks acquisition - 215000000
in priority areas development 900,000 AAA
3. Study on linear open space areas 25,000 AAA
4. Additional development of all
existing city parks 11000,000 AA
5. Acquire and develop land near.
Evers and Denia ($100,000/site) 200,000 AA
6. Acquire 2 new community park sites, `
1 in-NE, 1 in SE ($400,000/site) 800,000 AA.
Adult Sports
1. Purchase land at Mack Paxk 100,000 AAA
Z. Build 2 softball fields at Mack park 250,000 AAA
3. Construct 2 additi(inal softball
fields as needed 350,000 AA
Youth Sports
1. Light 4 baseball/2 football complex
at Evers 3000000 AAA
2. Re-lamp and renovate fields at Denia 1000000 AAA
27 -
SUMMARY OF RECOMMENDATIONS (contd)
FACILITY/PROJECT IMPACT *RATING
Figures below include acqu s t on development costs on y, AAA - g pr or
Projects will be reviewed as funding becomes available to *AA - medium prior
determine actual priority of projects at the time. Impact
dollar figures based on 1984 cost estimates.
Youth Sports (contd)
3, Develop soccer complex at North Lakes 500,000 AAA
Use Evers to;
4. Construct additional baseball/football
practice fields 150,000 AA
S. Construct restroom/concession stand 60,000 AA
6. Re-surface parking areas 200,000 AA
Use Denia to;
7, Construct restroom/concession stand 60,000 AA
8. Resurface parking area 1000000 AA
Beautificatio!i Committee Recommendations
1. Identify and landscape highly visible
public areas 1009000 AAA
2. Tree planting program in arks
20,000/yr) 80,000 AAA
3, Expand irrigation system in parks
($20,000/yr) 80,000 AAA
4. University Drive median improvement
from Carroll to 1-35 100,000 AA
S. Plant wildflowers along roadsides
($2,500/yr) 12,500 AA
6. Expand garden area in Civic Center
Park 50,000 AA
7, Community tree planting program AA
8. University Drive median improvement
from Bell to Loop 288 200,000 - AA
Arts Council Recommendations
1. Construct bandshell in Civic Center
Park 2500000 AAA
2. Sculpture garden in Civic Center Park 509000 AA
Senior Services
1. Expand program services 5,000 AAA
2. investigate satellite programs in
targeted areas AA
Therapeutic Recreation
1. Develop year round swim program AA
2. Expand arts services for handicapped AA
- 28
ZONE/RECOMMINDATIONS
To facilitate planning activities, the Parks and Recreation
Department has divided Denton into planning zones marked by
major thoroughfares. The zones fall into logical and
relatively homogeneous areas, but because of differences in
housing density, it is not possible to have zones of similar
population. These planning areas are easily recognizable
neighborhoods and communities within the City.
In attempting to analyze the recreation needs of the City, it
is helpful to divide it into smaller units. The biggest reason
for this more localized consideration is to allow for
demographic differences from neighborhood to neighborhood.
Also, people tend to dislike crossing barriers such as 1-3S
when they seek parks and recreation services.
Planning Area 1 •
* Light athletic complex at Evers
* Re-develop Evers Park
* Re-develop North Lakes Park
* Expand development at Bowling Green Park
* Acquire and develop 10 acres for neighborhood parks
* Develop soccer complex at North Lakes
* Expand tennis center
* Construct district pool
Planning Area 2
* Build school/center
* Re-develop Nette Shultz
* Develop school/park site at Ginnings
* Acquire and develop 25 acres for neighborhood parks
* Develop one community park
* Develop Windsor Drive park site
Planning Area 3
* Re-develop McKenna Park
* Develop school/park sites at Razor and Congress
* Acquire and develop 25 acres for neighborhood parks
Planning Area 4
* Re-develop Civic Center Park, Fred Moore Park, Phoenix
Park, Mack Park and Milam Park
* Develop Woodrow '.ane site
* Acquire and develop 25 acres for neighborhood parks
* Develop school/park sites at Davis and Lee
* Build bandshell in Civic Center Park
* Construct community center in Mack Park area
* Construct two lighted softball fields at Mack Park
29
Planning Area 5
* Re-develop Denia Park
* Acquire and develop 10 acres for neighborhood parks
* Re-lamp fields at 1lenia for girls softball
Planning Area 6
* Re-develop Skiles Park and Briarcliff Park
* Acquire and develop 5 acres for neighborhood parks
* Develop school/park site at Houston
* Construct school/center
* Construct district pool
-
30,
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1
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( 3S
1 ~_1
1 . _
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. ~7
Numbers note Parks & Recreation Department
Planning zones
FUNDING POSSIBILITIES
FUNDING POSSIBILITIES
Our first priority on funding these recommendations will be to look
within the community for support through donations and leasing of
property at little or no cost, as in the case of Briarcliff Park
where the property is used at no cost and businesses and neighbors
have helped to fund the development.
Our second priority will be to try to use funding sources available
to the City such as the General Projects Fund, Capital Improvements
Projects Fund, Community Development Funds, and the Recreation Fund
to assist with funding these recommendations. These funds could
help leverage Local Park Fund monies which are controlled by the
State of Texas. These are SO/SO matching funds for the acquisition
and development of parks in local communities.
Our third priority would be to seek a tax increase or bond issue to
fund the recommendations that were not funded by the above methoda.
A bond issue seems like the best recommendation because bond issues
in 1965 and 1975 have funded recreation and park improvements to
date. It is probably the best way for the public to express their
desire or need for additional facilities or programs.
We would propose to investigate,funding sources in 1984, and if we
were not able to generate the funds needed, would propose a bond
issue be attempted in 1985 to secure funding for these
recommendations. The longer we wait to attempt this b an d Issue the
further we fall behind in our attempt to keep up expanding
and developing community.
After a future bond issue is passed in the community, we would
recommend the following plan of action. This plan takes into
account that we will have the funds available to fund all the
recommendations. If any of these are dropped out of the plan in the
future, they can be removed from this action plan as well. This
plan also assumes that there will be some flexibility and
re-prioritization of recommendations as a bond issue is put
together. We also understand that it is possible that not all of
the items currently on our list will appear in a bond issue.
The following action plan, again, assumes that all recommendations
1984
dincluded and incin a bond issue. lude only acquisition t and figures development based costs.
cost estimates
Year of Bond issue
Purchase land for community center $500,000
Purchase land at Mack Park 100,000
Meet with DISD to plan establishment of
school/park sites and school/center sites
Survey community on types of facilities to be
included in community center
31 `
First Year After Bond Issue
Hire architect to design community center, _
Senior Center addition, and school/center
for NE Denton $100 400
Develop two school/park sites +
Prioritize funding of target park sites
Apply for TPW grant funds for development
of two softball fields at Mack Park, 250,000
begin development 20 000
Identify and landscape highly visible areas 2'000
Plant wildflowers along roadsides 21500
Second Year After Bond Issue
Start construction projects: $2,500,040
Community Center 750,000
Senior Center Expansion 500,000
School/Center, NB Denton
Develop two school/park sites 100,000
Acquire and develop park sites in four priority 825,040
areas, get TPW grant
Apply for TPW grant to develop soccer complex 000 000
at North Lakes, begin development 100 000
Re-lamp and renovate fields at Denia 300 000
Redevelop and light fields at Evers 20,000
Begin study on linear parks 5,000
Begin bikeway master plan 20 004
Begin tree planting program in parks 20 000
Identify and landscape highly visible areas 20 000
Expand irrigation system in parks 2'500
Plant wildflowers along roadsides >
Third Year After Bond Issue
Develop two school/park sites $100,000
Acquire and develop park sites in four priority 825,000
areas, get TPW grant 330 000
Re-develop five existing park sites 250 000
Construct band shell in Civic Center Park 20 000
Continue tree planting program in parks
Investigate expansion of gun range 2p 000
Identify and landscape highly visible areas 26000
Expand irrigation system in parks +
University Drive median improvement from 100,000
Carroll to I-35
Plant wildflowers along roadsides 2,500
Expand garden area in Civic Center Park 50,000
University Drive median improvement from 200,000
Bell to Loop 288
- 32 -
Third Year After Bond Issue (contd)
Expand senior program services ,
Investigate senior satellite programs in
targeted areas
Develop year round swim program for handicapped
Expand arts services for handicapped
Fourth Year After Bond Issue
Construct school/center in SE Denton $500,000
Expand tennis center 3$0,000
Construct two softball fields at Mack Park 350,000
Construct additional baseball/football
practice fields at Evers 150,000
Build restroom/concession stands at
Denia and Evers 120,000
Re-surface parking areas in Denia and Evers 3000000
Acquire and develop park sites in four
priority areas, get TPW grant 825,000
Redevelop five existing park sites 330,000
Start community tree planting program
Construct district pool in North Denton 600,000
Continue tree planting program in parks 20,000
Identify and landscape highly visible areas 20,000
Expand irrigation system in parks 20,000
Plant wildflowers along roadsides 2,500
Sculpture garden in Civic Center Park 50,000
Fifth Year After Bond Issue
Acquire and develop park sites in four priority
areas, get TPW grant $825 000
Re-develop five existing park sites 330,000
Acquire new community park in NE and SE Denton 800,000
Conduct feasibility study oi, golf course
Construct district pool in South Denton 600,000
Continue tree planting program in parks 200000
Identify and landscape highly visible areas 20,000
Expand irrigation system in parks 20,000
Plant wildflowers along roadsides 2,500
33
SUMMARY
I
SUMMARY
s
Parks and recreation planning is a complex exercise which
requires a delicate balance between the needs of the users, the
availability of funding, the social and political climate, and
the ability of responsible officials to interpret and to
integrate those factors. If this master plan proves
successful, it will be due in large part to the amount of
public input and cooperation. 'The Department has striven to
provide a plan that the citizens will continue to be involved
with. A successful plan will add to an already high quality of
life enjoyed by Denison citizens.
The plan presentation began with a discussion of the benefits
of municipal leisure service agencies, their worth, and their
responsibilities. It was noted that modern park and recreation
departments must provide facilities and programs that citizens
cannot provide for themselves. Effectively managed parks,
programs, and leadership can add to the illusive quality of
life factor everyone is seeking.
The City and County of Denton have prospered with steady,
though sometimes spectacular, growth. Denton is growing at a
manageable 2.69% annual rate. That allows for economic
vitality and still permits stability. Two factors have kept
Denton a young (median age 24.9 years) city: economic
opportunities in this area and two state universities being
located here. We have maintained steady racial proportions and
are proving to be a popular city for senior citizens.
Leisure services agencies must constantly monitor and evaluate
trends. Those trends that affect parks and recreation
departments range from demographic changes in the population to
the wellness conceppt and general fitness trend. Department
officials must also be aware of funding trends and changes in
attitude toward revenues by taxpayers. One of the most
significant trends is the move toward political entities
becoming more of a service facilitator and less of a service
provider.
Standards, when properly adapted, are helpful in determining
amounts and location of needed facilities and open space.
These standards help administrators by providing tangible
objectives toward meeting citizen needs.
The Denton Parks and Recreation Department has been involved in
several survey projects locally. Using the results from those
questionnaires and adding information from the Texas Outdoor
Recreation Plan has made it possible to make some accurate
assumptions about the needs of Denton's citizens. It is also
imperative that the Department remain sensitive to issues
raised by users and potential users of department services.
34
Recommendations previously listed in this plan are the result
of a long, arduous effort by many people. Prioritizing
facility recommendations is not easy. It is, however,
necessary. Planning keeps things moving toward established
goals and forces consideration of present and future problems
in an effort to mitigate those problems.
In attempting to recommend resource allocation, the Department
has divided the City into planning areas. Those six areas,
divided by majjor streets and highways, can be considered as
relatively homogeneous neighborhoods. Attempting to fill
facility and open space needs in a small geographic area makes
it possible to allow more for neighborhood interests and needs.
Another way to consider facility recommendations is by
communities of interests. These communities include athletic
interests, cultural interests, and those interested in special
populations, senior citizens, beautification, park development,
and lifetime sports interests. These groups sometimes contend
for the same resources but are very concerned also with the
well being of the overall program. We wish to thank the
various groups, organizations, and individuals who were
involved in many hours of planning associated with these
recommendations.
The City of Denton named its first full time Parks and
Recreation Director in 1964. Facility additions such as the
Civic Center and pool in 1965, thn three recreation centers in
1975, and parks acreage having grown to 570 acres are
indications of progressive improvements. Facility deficiencies
do, however, exist in all parts of the City. Those have been
addressed in this plan with the hope that those deficiencies
can be addressed in a logical sequence.
Hopefully, this plan will allow the Department to maximize
present and future resources without undue adverse effect on
general revenue sources. The need for general fund tax support
can be minimized by a greater reliance on more efficient
operation techniques, greater reliance on fees and charges, and
greater cooperation with other agencies, particularly DISD.
The Department is also serious about exploring outside funding
sources such as co-sponsorship of special events and/or
programs with corporations and aggressively pursuing monies
from grant sources.
A long research and deliberation process has translated
findings into needs, needs into a plan, and now it is important
that that plan be translated into action. The plan should
provide an outline to help with specific day to day decisions
so that the whole program can maintain continuity and integrity.
- 35
WrYofDFNTON,YBXIS MUNICIPAL BUILDING / DENTON, TEXAS 76201 i TELEPHONk(b)_566.8200
M E M O R A N D U M
TO: G, Chris Hartung, City Manager
FROM: Betty McKean, Assistant City Manager
DATE: December 9, 1983
SUBJECT: Funds for Beautification Projects
The new sub committee of the Parks and Recreation Board which
deals with beautification would like to recommend that the City
set aside funds generated from the sale of surplus City
properties to help fund beautification projects. They felt
that if property such as that along Carroll Blvd. is sold to
developers the money from the sale should go to help beautify
Carroll Blvd. and other areas of the City. This would not
cover City properties owned by the various City funds, for
example, the utility fund or the sanitation fund.
ety cen
jh
MEMO 0030
PARKS AND RECREATION DEPARTMENT / 817-387,6146,566-8270
ITYof DENTON, TEXAS MUNICIPAL OUILDING / DENTON, TEXAS 7620! / TELEPHONE (817) 566.8200
44 B M0 RAN - D _U ,t -
TO: Parks and Recreation Board
FROM: Steve Brinkman, Director, Parks and Recreation
DATE: December 1, 1983
SI1B,)LCT': Property Dispositions on Carroll Blvd,
We feel the buffer strip along Carroll Blvd, should continue to
be maintained and developed as a green belt. This would
prevent further curb cuts along Carroll and would continue to
provide a buffer between a busy thoroughfare and the
residential area.
Because we need sufficient land along Carroll to develop the
southern soctlon In a similar fashion as the northern section,
we would oppose any sale of property which the City now owns,
If' the property is sold, we would recommend:
1) That the property be appraised and valued as commercial
property and either sold at the appraised price or
accept bids and use the appraised price as a minimun
bid.
2) Any funds gene rat A from the sale of this property
should be used to upgrade existing City property on
Carroll Blvd.
3} A 25 foot landscape setback be established In the dee'
so that no development could occur on the landscape
setback. Limit curb cuts to sicle streets unless then
presently exist.
4} Re gi~ire landscaping per City specs and a six foo:
waIkwa; be pro vidod In the landscape setback. The
owner would develop and maintain this area.
Steve Brinkman
MEMO 0040
PARKS AND RECREATION VEPARTM017' 8J/-381 6116, 566 3; 1
TEXAS 76201 / TELEPHONE {817) 566.8200
LLD urY of DEwom rExas MUNICIPAL BUILDING / DEN70N, M E M O R A N D U M
F_M-o R A _N D U M
4
Y
TOi Betty McKean, Assistant City Manager
F'ROMt stave Brinkman, Director, parks and Recreation
DATEt February 10, 1984
sIJBJECq't CarrolL Blvd.
We would like to propose that we be allowed to keep the
property in question. If Council permits us to keep the
property, we hope to start development of that area yet this
year.
StevJ~ rink man -
MEM00059
ti
PARKS AND RECREATION DEPARTMENT / 817.387.61,16, 566,8210
3iti:l.'T?•
r
1TY of DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 i TELEPHONE (817) 566.3200
CITY OF DENTON
PARKS AND RECREATION BOARD MEETING
MONDAY, DECEMBER 12, 1983
5:30 P.M. SENIOR CENTER
MEMBERS PRESENT: Mike Campbell, Chairman
Ronnie Roberts, Vice-Chairman
John Trav-ll^
Jano Malone
STAFF PREIS ENT; Steve Brinkman, Director, Parks and Recreation
Joy Fiesch, Senior Secretary
Texx Stewart, Administrative Intern
I. ~irE"I'ING CALLED TO ORDER
The meeting was called eo order by Mike Campbell, Chairman.
if. APPROVAL OF MINUTE'S
On a motion of Ronnie Roberts, second of Jane Malone, the
minutes of the November 28, 1983, meeting were approved.
III. OLD BUSINESS
1. Master Plan:
Steve reviewed some of the advisory group recommendations
which had been prioritized by the Board and will continue
the review at the next meeting.
2. Recommendati. m on (;-.irroLL Blvd.:
i
On a motion of Ronnie Roberts, second of 1,i nnie McAdams,
the Board unanimously voted to recommend that City owned
propert,v along Carroll Blvd., between 'Kest Prairie and
Highland' on the east side of Carroll Blvd., not be soli.
PARKS MD RE('REATION DEPARTMENT 817.3276116, 56 O '','7U
Parks and Racreat Ion Board Mooting
Docomber 12, 1983
Page - 2
2, Recommendation on Carroll Blvd. (cont'd.):
If the property is sold, the money should be used to
beautify Carroll Blvd., and a 25 foot setback with
limited curbcuts should be required.
3. Recommendation on Non-Resident Fee for Athletics;
Ronnie Roberts moved that the basic user fee should be
raised to $10.00. Linnie McAdams seconded the inotIon.
The members voted unanimously in favor of the motion.
Discussion regarding the other fees will continue at
subsequent meetings.
IV. NEW BUSINESS
None.
V, 7 {1 E. ii1'~ i.;:;
Steve advised the members that there will be a joint meeting
with the City Council on January 17, 1984, at 5:30pm in the
Civil Defense Room at City Hall. 'rho purpose of this meeting
Is to discuss the philo!::phy of fees and charges.
VI. ADJOURN
On a motion of Linnie McAdams, second of John Travelle, the
meeting was adjourned.
?IINU00U1
RECOMMENDATION
The Beautification Committee of Denton, Texas, recommends that
city property along Carroll Blvd. not be sold and that this
property be developed as a way to beautify our city.
~f tZ~
YYl YY) G
cirY0/ DENrON, rEXAB' MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) $66.8200
M 8 M O R A N D U M
TOi Betty McKean, Assistant City Manager
FROM: Steve Brinkman, Director, Parks and Recreation
DATFr February 10, 1984
SUBdECTr Advertising Signs
Approval of the attached ordinance will allow us to permit.
advertising on scoreboards in athletic areas. The second
ordinance, which the City Attorney's office is drafting, will
establish a fee of $1,000/year,
Stev F3rinkmari
MCM000059
PARKS AND RECREATION DEPARTMENT / 817.387.6146, 5668270
.
1'1,, h~l d1 I
..n .i '~.i ar' I'S',y7•r'iri.: ^.~fy~'u ,!,Nri a: tilridrll
AN ORDINANCE AMENDING ARTICLb 17 OF APPHNDIX B TO THE CODE OF
ORDINANCES OF THH CITY UP DENTON, 'TEXAS, BY ADDING A NEW SECTION
"N" TO SAID ARTICLE; EXEMPTING PUBLIC PARKS FROM THE SIGN
RESTRICTIONS OF SAW ARTICLE AND DECLARING AN HFFECTIVE DACE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORUAINSO
PART 1, r
That Article 17 of Appendix B to the Code of Ordinances of
the City o.' Denton, Texas, is hereby amended by adding a new
Section "N" to read as follows;
f.;
N. The provisions of this Article shall not apply to
advertising signs located or proposed to be located
in public parks owned and operated by the City of
~Denton and specifically permitted by the City Council
in accordance with Section IS-St Chanter 1S, oC the
Code of Ordinances of the City of Oeuton, Texas, 'r`
PART 11.
That this ordinance shall become effective immediately upon
its passage and approval,
CITY OF DENTONr, TEXAS
M
ATTEST:-
CHARLOUrb ALLEN, a
CITY OF DUTONO TEXAS
APPROVED AS To LEGAL FORM;
C. J. TAYLOR, JR., CITY ATTORNEY
CtfY OF DENTUN, TEXAS
By:
C / _
~`oo
qv"d4fta of
CARL E. JONES
WHEREAS, the City of Denton Is losing one of Its most valued
employees, Earl Jones, who Was employed by the city of
Denton on February 18, 1946, serving until his
retirement on January 31, 1984 and
WHSRSAS, Earl Jones has always served the City of Denton and its
citizens above and beyond the more efficient discharge
of his duties in promoting the welfare and prosperity
of the City, and has earned the full respect and
admiration of his subordinatesi and
WHEREAS, the City of Denton has been extremely fortunate in
having enjoyed the dedicated and outstanding services
of Earl Joneel
NOW, THERSFORS, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON,
that ,:he sincere and warm appreciation for Carl Jones
felt by the members of the City Council, employees of
the City of Denton, and citieens of the community be
formally conveyed to him In a permanent manner by
causing this Resolution to be transcribed Into the
official minutes of the city of Denton, Texas, and
forwarding to him a true copy hereofl and
8E IT FURTHSR RESOLVED,
that the city of Denton does hereby officially and
sincerely extend its best wishes to the Honorable Earl
Jones for a long and successful retirement as a member
of our community,
4 IN WITNESS WHEREOF, I have hereunto
t~ set my hand and caused the official
seal of the City of Denton, Texas
to be affixed this the 21st day of
f February, 1984,
t
.
e 4D;RNW, T, YOR
CITY EXAS
y,
AT TSSTi
CHARLOTTE ALLEN, CITY SECR
CITY OF DENTON, TEXAS
APPROVED AS rO LEGAL FORM,
C~'T LOR, JR. CITY ATT R7l6'Y
CITY OF DENTON, EXAS
CITY COUNCIL AGENDA
BACK-UP SUM WY SHEET
METTING DATEi February 21, 1984
CITY COUNCIL, AGENDA ITEM # Consent Agenda
SUBJECTi Bid 0 9251 Lee Meadows street participation
SUMMARY; This bid is for the City of Denton street participation in the Lee
Meadows sub-division. The bids were sent out and received as per
ordinance and policy, We received five bids as shown on the tabulation
sheet. I have shown only those items on the tabulation sheet that
pertain to our participation for clarity and simplification.
The City of Denton's participation in extra width of asphalt is
$6,791,40, in extra depth asphalt $2,748.90, in lime subgrade
$1,253,901 and asphalt transition $300,00. This makes a total parti-
cipation for the City of $11,094,20.
ACTION REQUIRED: Approved by City Council.
ALTERNATIVESi Reject, and not participate. Build a regular street.
SOURCE OF FUNDS: Street funds
RECOMMENDATIONS: We recommend thar we participate in this project and from
the bid items, participate in the amount of $11,094,20.
EXHIBITS; Tabulation sheet,
demo - Jerry Clark,
SUBMITTED BY: John,'J. I arshall, C.P.M.
Purchasing Agent
JJM:za
BID 1_2231
t3Tb Lee Meadows Participation
- APAC, LNG Austin Calvert Gibbons Jagoe
0P1N 2 1 00pm 1-17-84 - - Road Paving Construc- Public
t.ton ("o,
ACCOUNT street Participation -
~'1' , • _ sc 1 r o 1 oiz - ~oii- -V ~ poa v~N ~ori'~ ~?N~"oT~-` _ ~laaao
2 10,968 S Lima Treated Subgrade 1.20 1.25 -u 2.50 1.50 1.15 3 100 T lime 75,00 81.71 * 75,00
85.00 76,00
8 9,172 Sy. 1 .5" NMAC Type 1) Asphalt - 2.5 2, 3_2 00_ ___j2_j 5_~_ -
-_7.80 8.70 7.85 _ -
9 25157 Sy. 4.5" W&C Type G Asphalt 7,40 9.27
10 70,158 Sy. 3,5" IMAC Type C Asphnlt 5,75 6.21 - 6.08 6,90- ----5_85 -----W_
11~ -100' Transition to isxisting Pavement 3,500.00 -4,239,00 *1,000.00 7,000.00 31500.00 -
* Indicates low bid for each item
C$rYo/VENTON, MAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 TELEPHONE (81 566.8200
M E M O R A N D U M
'roc John Marshall, Purcnusirtg AgULIt
N'ttull Jerry Ciark, lienlor Civil Engineer
UAFL: February 15, 1964
RE: Lee Meadows Participution
The prices look very good. Wy estimate Eor the City participation
is as iollow5;
AsR!lalt - Audru Lane
6" - 7 x 682 = 686 SY x (7.40 + 2.50) = $6,791.40
l,74B.90
1" -17 x 882 =1661, 8Y x (7.40_+G._50) =
'1'O'rAL $9,540.30
1,1we-Subg rode
686 S.Y. x 18 W SY / iODU LB/TON = b.2 TONS @$75 = $465.00
686 S.Y. x $1,15/SY - 188.90
$1;x . 9u
Aspiialt 'transition
71/22' - 3O% 3 x $1,000/L.S. - 300.UU
'1'0'rAL PAR'PlCiPAT1UN $11,094.20
cja'~~
J nYor Svil Engineer
is
#02041:
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
MEETING DATE: February 21, 1984
CITY COUNCIL AGENDA ITEM # consent Agenda
SUBJECTi Bid # 9237 Concrete work for Public Works and other Departments
SUMMARY: This bid is for the repair or construction of curb and gutter, drive-
ways, water inlets, riprap, flat pavement, headwalls, sidewalks, etc.
These projects would range in cost from a minimum of $100.00 up to
$3,000.00 as required, The bid is to run for this 1984 budget year.
We contacted several, but received only one complete bid from Floyd
Glenn Smith.
ACTION REQUIRED: Approval by City Council
SOURCE OF FUNDS) 1984 Budget
RECOMMENDATIONS: We recommend this bid be awarded to Floyd Glenn Smith for the
balance of this 1984 fiscal year at the prices shown on the tabulation
sheet.
EXHIBITS; Tabulation sheet.
SUBMITTED B1':
John J,l Marshall, C.P.M.
Purchasing Agent
JJM:za
bhp N 9237
all) Concrete work Public Works
OPEN 2100 pm ~1-24-84 w~ The Fort Floyd
Dalton Glenn
ACCOUNT Budget in Departments Company Smith
~
?O Ft- ql 012 - V~NDOR- VIMM V8NpOR )J b R Vtl;iJ~OR
1. SY Concrete r0cap_~ 31.50
1 I,B, Reonfon 119 steel .75
3
en 4' ID Manhole (01-61) 800,00
4 tta. 5' X 5' Junction Box (0'-6') ~ 1100.00
- - ~V
5 01 14 4' Inlet (01-61) t000100
6 ea. 6' Inlet (01•-61) 1200,00
7 ea. 8' Inlet 1400.00
8 oa. 10' Inlet (0-61) 1600.00
9 cy Rebullt Inlet 450,00
10 on. Ring & Cover (Inlet) 75.00
1.1 on. Adjusting Manhole (0'-4') 300,00
12 L.F- Dowel on•-lntergal. Curb -.-v * 5.00
13 LF` Concrete Curb & Gutter 7,50 * 6.50'_._
14 Sy Concrete Itriveway ***22.50 * 31,50
15 SY ♦.-6" Concrete Pavement 45.00 * 31.50 - ~W_---- -
16y 5Y _ Concrete Sidewalk 22.50 20.25
17 l.F Saw Cut (cotlcreto) 4.00
18 CY Structural Concrete (Class A) 325400
- - for headwalls, wingwalls, etc,
* - 100.00 minimim - 600 ft:. minimum - 500.00 minlimtm
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
MEETING DATE: February 21, 1984
CITY COUNCIL AGE.%)A iTEM # Consent Agenda
SUBJECT. Bid d 9'4:38 Police Sedanv/Administrative Sedan
SUMMARY: This bid is for the purchase of fourteen (14) police patrol sedans.
Thirteen of these units are motor pool replacements and one is an
addition to the fleet.
The bid also includes three administrative sedans. These are motor
pool replacements for the fire Department (2 units) and the Police
Department (1 unit).
ACTION REQUIRED; Approval by Council and award of bid.
SOURCE OF FUNDS: Funds for this purchase will come from the following Accounts-
720-004-0020-8707 Motor Pool Replacements - $12,90856.36
1983-84 Budget Accounts
100-007•-0043-9104 Police Patrol Division - 26,401.14
100-007-0042-9104 Police Administration - 1,635.92
100-006-0052-9104 Fire Prevention - 31619.98
100-006-0051-9104 fire Operations - 31303.84
Total Purchase $164,817.24
RECO+LMENDATION: We recommend this bid be awarded to the lowest bidder of Bill
Utter ford for 14 patrol cars at $9,965.16 each and 3 administrative
sedans at $8,435.00 each. FOB Denton with delivery in 45-90 days.
EXHIBITS; Tabulation sheet.
SUBMITTED BY\
Tom D. Shaw, C.P.M.
Assistant Purchasing Agenda
TDS:za
Bit) 1 9238
HTn~ Police sedans
^ !3111. Utter Choater McNatt
OPEN 2:00 Pie 2-14-84 Ford Morria Chevrolet
ACCOUNT Plymouth
N
-Tw TY . T F8 -bTS RRf-P'CI01---' - MT50 2F-- VE 011 -V-E-ff D R l V) NpO ~ VRJ60R Vk J[~}3~ V1I Np R _
1 ~14 Police Patrol. Sedalia 91965.16 11,667,67
2 _ 3 Regular Sedalia 8,435.-00 91594.32 NO
- _ -4_. REPLY
TOTAL 1.64 , 817.24 183, 7 30.34
C'OS Denton Denton
Del ivery_it"ays 1=_20-.__ 90-._20
_
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEBT
MEETING DATE: February 21, 1984
CITY COUNCIL AGENDA ITEM 0 Consent Agenda
SUBJECT: Bid 0 9239 Dump Trucks and Dump Bodies
SM2WY: This bid is for the purchase of motor pool replacement dump trucks for the
Water and Sewer Department (4 units), a truck cab/chassis for the Street
Department and a truck and flat-bed dump body for Electrical Distribution
Department.
ACTION REQUIRED: Approved by Covncil and award of bid,
SOURCE OF FUNDSt This purchase will be funded from motor replacement account number
720-004-0020-8708 and 1983/84 budget fends from Water Sewer, Street and
Electric Distribution department funds,
RECOMMENDATION: We recommend bid item 1 and 2 be awarded to Bill Utter ford in the
amount of $15,500 for the trucks and $3340 for the dump bodies. Total
unit cost of $18,840,00,
The bid of Fleet Body is $100.00 per unit lower than Bill Utter Ford on
item # 2, However this savings is consumed by having to transport these
trucks to Dallas for mounting and dealing with two separate companies for
warranty and service,
We recommend Item 3 be awarded to Bill Utter Ford as the lowest bidder at
$15,100,00.
We recommend Item 4 be awarded to the lowest bidder of B S M Truck Equipment
in the amount of $3484,00.
Total purchase cost $109,044,00,
EXHIBITS: Tabulation sheet
SUBMITTED BY:
Tom D. Shaw, C,P.M.
Assistant Purchasing Agent
TDS: 2a
p1U_ 0uwp 'Frock 4 Hurl
- - -Y»-- lud113ur8 PC101 1y Funlulnu •1lutru Ford bill llttet Fluot Holly CMC Motor 'true H 4 M Muhanuy
OPEN 2100 pr 244-84 liuvrulut cliuvrolut Track Truck Salty Ford Engtnuur10 0allua Equlpwunt 3'rnck Internac ,al
- - EquIpnlunt Truck Corpuny
ACCOUNT cantor
~'Y _ `77' ~9Z'AiP'CISN~_' VAFIIitSR- VfiF~25A VF Ai~A` -_VFyF mu- VEF> R__ vt
NOOR VF`N bA-- AAA V@HwVAA6
1 4 'T'ruck Call S chuaala, 15,889.(1(1 15,934.94_ 15,908,00 15,500,OP r 16,361.13 16,461 .00:
275110 (I,N.4l. - - -
2 4 0urp bndlua 6-7 cy 3,584.00 3,340.00 3,240.00 3,240.00 '1.13H,IH1 3,36'1,01 3,361.1II1)
1 2 Truck (:all h L'haaala 15,335.00 15,472.94 15,632.00 1S'w 1.00 Y 15,746,60 W 15,969.116,
15000 G.W.W.
- - i-
Crml lrac(nr 'rypu od _4,509,00 - 3,612,00 3,512,00 3,51200 3,894,00 3,484.01 3, 485.dll, " -
60-90 90-120 20 60-90 120 day 5 day 90 day 4 45 day- 20 day 60-90
-1
F(IH Denton I>},nton Denton Denton Wilton Donlon Oooton lluntun --Denton Wilton
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
MEETING DATES February 21, 1484
CITY COUNCIL AGENDA ITEM #
SUBJECT; Bid # 9240 Pickup Trucks and Van
SUMMARY; This bid is for the purchase of pickups, light truck oab/chassis and
vans for motor pool replacements in the;
Water/Wastewater Engineering 1 ton van or pickup
Building Inspection 1 ton pickup
Electric meter/Sub Station 1 3/4 ton van
Water & Sewer 2 3/4 ton pickup
3 1 ton cab/chassis
Electric Distribution 1 3/4 ton cab/chassis
4 1 ton cab/chassis
Park 2 1 ton cab/chassis
and Fleet Additions in the;
Wastewater Treatment 1 1 ton cab/chassis
Water & Sewer 2 4 ton pickup
Bodies for the cab/chassis will be presented to Council at a later
meeting.
ACTION REQUIRED; Approval by Council and award of bid,
SOURCE OF FUNDS: The purchase of these vehicles will be funded from motor pool
replacement funds and 1983/84 budget funds above listed departments,
RECOMMENDATIONS: We recommend this bid be awarded to Chester Morris Chrysler/
Plymouth as the lowest bidder on all items except item 3, We recommend
item 3 be awarded to Bill Utter Ford,
Total Bid purchase cost is $158,248,21,
EXHIBIT: Tabulation sheet,
SUBMITTED
~ ~ Yoh-~..Tom D. Shaw, C,P.M,
Assistant Purchasing Agent
TDS:za
* The Water/Wastewater Engineering Department will purchase a ton
van (item 1) or a !j ton pickup (item 2) d,,pending upon available
funds and utilization of the vehicle, "nis decision will be made
prior to the order being placed,
HID` 9240
01 D- _ Trucks 6 Vans Bill Cheater
OPEN _ 2;40 pm 2-14-84 Utter Morris Ford Chraylor/ McNatt
Plymouth Chevrolet
AccouNm ~
a VMUR V~uafi t~att~~ ~ ~ F2_._'cTtitlNbO
i 1 1i Ton Utility 4 9876,87 v-
2 3 ~f toil Pickup - ~ 8352,00 7916,28 NO
3 1 3/4 ton Van 9442.00 N8 J _REPLY
4 'L 3/4 Pickup 9029, 00 80141.95 5 t 3/4 ton Cab Chassis - 8724,00 8156,70 W u~
6 8 1 ton tr ck c/c 60" C.A. 9130,00 9080.05 7 2 1 ton truck c/c 84" C.A. 91.99,00 _ 9149,75-_
45-60-90 60`75 day
.F, ,q, 6
CITY COUNCIL AGENDA
HACK-UP SUMMARY SHEET
MEETING DATE: February 21, 1984
CITY COUNCIL AGENDA ITEM #
SUBJECT: Bid# 9242 Streatlight Poles and Wire
SUMMARY: This bid is for the purchase of streetlight poles and 500MCM copper
wire. We are bringing the wire only to Council at this time, The
evaluation for poles is not complete.
The wire is replacement of warehouse stock material and will be used
by the Electric Distribution Department.
ACTION REQUIRED: Approval by Council and award of bid.
SOURCE OF FUNDSi Working capital account 710-004-0598-8708
RECOMMENDATIONi We recommend this portion (item 4) of bid # 9242 be awarded
to the lowest bidder meeting specification of Temple Inc, at $4065.00
per thousand feet. Total price for 9000 feet is $36,585,00, Delivery
is 7-10 days, FOB Denton.
L,YHIBITSi Tabulation sheet (item 4 only),
SUBMITTED BY-4
Tom D. Shaw, C. P. M.
Assistant Purchasing Agent
b1U 1._~a4
pin____, .Street light toles R Nlro
OPCN 200 a 2-1484 ~`Y I'rloatar Krir tsiellnv Civcu
f Su l Co, Cu, I Tompla WFISCO Nolnnu IV lers Urn)+ir Non,
rr y 8lectric trnd, CO, fhinonborry Inc, Bleoh'lc Isle. Me F.Ivctrtt•
ACCOUNT 1710-004-0498-87nB Aurrly lie tiupply Co, fnc,
~J
7 1 Il~AT1~ V-
_ VF'T~RJ1f° In l1RYIC ' VCptti3li~ VFNI3UIf_N01~ -t- VFIF7Ii'- VFFiESUIt
h 9A A' Nlre i9/et 4136.00
. NA 4212, v410IL00 MN 4065,00/rti 4195,00/M No 4260,85 ~ -
~26u,v1
be very
panton , fkntnn Heaton Denton
Nentan Denton fkutotr ~tknt,n - -
0,1 M~
CITY COUNCIL AGENDA
SACK-UP_ SM"Y SHEET
MEETING DATE: February 21, 1989
SUBJECT: Approval of the final replat of part of lot 3,
block D, Shady Oak-3 Industrial Park Addition
SUMMARY: This 1.9 acre tract located east of Woodrow
sane on the south side of Shady Oaks Dr, is
zoned light industrial (LI) and industrial
development is anticipated. Utilities are
available to the site and a bond will be posted
for required improvements to Woodrow Lane, All
final plat requirements have been met,
ACTION REQUIRED: Approval of the final replat
RECOMMENDATION: The Planning and Zoning commission recommends
approval of the final replat,
ALTERNATIVE: Approve the final replat
ATTACHMENT: Reduced plat
1,~U[I'J lXlk'111I',~~
David Ellison
Development Review Planner
01604
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CITYO/DRAWON, rEX" MUNICIPAL 8UILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200
M E M O R A N D U M
DATE OF MEETINGi February 21, 1984
CITY COUNCIL AGENDA ITEMi
Approve Tax Refund
SUMMARYi
Chapter 31, Section 31.11 of Texas Property Tax
Code requires the approval of the governing body
of the tw-,,.ng unit for refunds in excess of. $500,00,
Taxpayer, Ryan Mortgage Company, has requested a
refund in the amount of $582.76 for duplicate tax
payments for 1983 City taxes.
FISCAL SUMMARYi
Financial Impact, $582.76 to be refunded.
ACTION REQUIREDi
Approval of City Council
ALTERNATIVESi
If approved, the refund will be issued.
STAFF RECOM14ENDATION i
Tax Assessor/Collector recommends that refund be issi.ied.
EXHIBITSi
Attached
CHECK REQUISITION-VOUCHU
01-28
Chick or up er
Pay to $582.76
Amtoun t
The Ryan Mortgage Company FINANCE/TAX
epartment
505 Ryai, Plaza Drive Febrya_rv 6, 1984 Data
Arlington, Texas 76011
Tax Accou ti 57 2
Acot. Balance Invoice date number and/or ex lanat on Account No. Net Inv, Amount
Refund due to duplicate tax payments 100-0401 $582,76
made by mortgage company.
TOTAL
$582.76
The above has been reviewed and recommendation for payment is made by the ixndersigued.
Accounting Approval Signature
City Manager Approval Director of Firance Approval
I
Mail Rotund I «yan mortgage company
State property Tax Board to 505 Ryan P1444 Drive
Tax Refund Application 31,11 (2/82) AV4ngton, Texas 76011
APPLICATION FOR TAX REFUND
Collecting Office Name
Collecting Tax For: City of Denton Tax Department
(Taxing Units)
715 5 x'i et Mn~IxrtnV st M ~~i~al tl4t tww ~?~i11a~.1ZtiAtAn,..T li~~►w. 2AQ1~.
Addre5
City, State Zip Code
rrwrwwwwrwwwwwr4w+.wiy.wrwwrwwwrww~1111wwwwr rw wr rwr wrwwwwwrwNw ww wMwrl. Ylw wrw wrwwwwww.~w~,w
In order to apply for a tax refund, the following information must be provided
by the taxpayer,
IDENTIF'ICAT,ION OF PROPERTY OWNER:
Name; 'Jack Bell Coast. Co, Inc
Address; X08 Dallas Drive
Telephone Num er i add! !ono in orma ion :s needed
IDENTIFICATION OF PROPERTY;
Description of Property
Address or Location o Property-
Account Number of Property: 0579-00200 or ax ecelpt um er:
INFORMATION ON PAYMENT OF TAXES:
,Name--of -Taxing Unit Year for Amount of Tax
From Which Refund Which Refund Date of the Amount of Tax Refund
Is Requested Is Requested Tax Payment Taxes Paid Requested
1• City 19g~ /1 $582.76 $ 582.76
2. 19 01-5 /1 wn44 $582.76 5
3. ;-w-
rww-.
Taxpayer's reason for refund (attach supporting documentation):
Refund due to duplicate tax payments made by mort a e company
"I hereby apply for the refund of•the above described taxes and certify
that the information I have given on this form is true and correct."
tar+pr February _6. 19
r, gna tune a to or Application or ax Refund
DETERMINATION FOR TAX REFUND: Approval Disapproval - -
r
ignature o Aut orized Officer ate
Signature or Presiding ricers o axing Tiate
Unit(s) for refund applications over SSOC
The Ryan Companies _
505 R PWS Drive Ae kWo TexAs 76011 1 (817) 277,7561 or Metm 265-8401
Mortgage & Equity Group
January 23, 1984
Tax Collector
City of Denton
Municipal. Building
Denton, Texas 76201
REj Loan $44-300025-0
Gentlemen:
Please find enclosed a 1983 City tax receipt on which we have made
a double payment. Wherefore we are requesting a tax refund in the
amount of $582.76.
Please use the enclosed envelope in which to forward the refund
check.
Thank you for your cooperation.
very truly yours,
(Mrs.) Sue Scott
/s 1
Enclosures
t)
&srabusbed !n 1919
F
1 '
TAX STATEMENT '~1r t TAXES ARE DUE OCT004A 00 uflknk r \1as lklw•rnNnr
4t AND 68COME DELINQUENT
NT Nanl~ pitNJ~nr
p69RUARY 1ttt. $96 RIV6RS6 lknium i toy 16101
SIDE fOR PENALTY AND INTER- pNOVE 166-8?is
6SY DETAILS.
V l L L •'r1 A,: • L, L • L J 1' ACCOUNT wim" I TAX Y11 PAMMO
7~1'•jt tJ •'J C.
LOCATION ASS696 EXKKVT TAXAW VALUG
"VIYOR MITT. A"AISED TAX DUR
a 4 P
RAM PPIALTY
oJt)b~
JA.:f. 7 LL. Ll:n.;l "L INC
Jl.I~7 .'1 I A7U 'J L
r
YoUR a hNC4"V CHICK
Aacou"Y www TAX YR.
0579-002QQ 1 IM
'4
~ fiNALTY J
~ j
PLEASE RETURN THIS
STUB WITH PAYMENT
C1I'Y OF UE;NTUN
MEHORANUUN
Tu: Mayor and Bombers of the City Council
FROM: Charlotte Alien, City o!:cretary
UATE: Feoruary 1G, 1984
$UUJECT: Agenda It #5
Early during the week of February Pr, Carl Williams of the
NAACP carne to my office requesting to be placed on the February
21 agenda regarding the use of Fred Moore Park for the annual
Juneteenth celebration, Later in the week, Mr. Carl Young carne
to my office stating that the Council had promised him last
year that the Vietnam veterans would be the organizers of the
celebration to 1984,
1 have attached for your inforiaation a verbatim transcription
of the portion of the City Council Ainutes of February 1, 1983
when the Council approved the use of Fred Woore park by the
L i n K S C1uu. 1 have also attached a copy of a ne4rspaper
clipping from the Denton Record-Chronicle from February '1983,
both Mr. Williams and Mr. Yount' wiII be appearing before tht:
Council Tuesday night. If I can furnish any other information,
please call.
Charlott Al I en"
ca
attachments
1'[73C/'I
CITY COUNCIL MINUTES
Fobruary 1, 1903
Below is the mution as made by Council Hombev Chow un the use
of Frud Moore Park sir 1983.
Counci1_Member Hark Chew
"First ut all, i want to commend Carl fora job well
dune over the year, there are prublems and I tnink
he has resolvud some of the problems himself, Also I
have been reminded of several other things; that on
last year thu rinks Club did put up a user's feu for
the park and we did grant it to Hr. Young, Was it in
march or April, Carl? Also this yuar thuy come
again. Personally I think tnat Carl has done a good
job. i think the LinKS Cluu can do a good job and
because of my affiliation with uoth groups, it's a
toss up and wliat I woul a l i ke to do i s just snake a
mots on tonight that we give it to the Links Club
tonight and rotate it around. I think that's just
fair."
Second by Mack Barton, Motion carried unanimously,
fhis was transcribed verbatim from the tape of the February 1,
1983 City Council meeting.
Also available if you request it, is a transcription of the
entire discussion leading up to the motion,
1273C/2
a ,
i
~ ' It t
Far the reeord FEB 2 198J ~ r , "
Presenll N4ya Pro T" My VePMm o0d fH'yk#0101110"ISed W4104044 on weeds
Councilmen J" A1br4, Jim RIdCINsparNr ^ Approved ordinances to allow parking
HMarty CMw and JKk Illart", AbWll Mayes (UM n )
*Ims 0, $**ort aM twrlcllMfan CMrksf r tM east fide of elm between becood and Third v
TM D"140 epklns CNY CeyMll Tkieway tI sirMts and osloblishln0 IM parks" W#% do
- volw"
AWppr*V OYed plMned devefOpmenf toning a) the sOylh fide 01 Third befWeen Clm and ,
BV04rd and 0604y On a 0011 n Of JOe Aufn and LOC S jlU S~~Slyryef betWW
Nelew.fWN 1,. oved M ordinance deslOnatl*9 22
Tabled 41 1 "criio of f a ""Ilk VSI Of perml} APPrit, the to allow expansion of }M Ce0W nfa "Of MObIM WfiloOou"A twk cit routes. (Un+nlmewl
Home Park. d a tit splan and final plot la IM AppvoYed an adiftwo regulaling am,
- Approved a tit plan k
North Texas Indrlslrl+l Park, Phase I. buf+lAWOYIed IOn hO0l Vdllnsncnenimlifto a 2
l UrOMMwwL
Granted pe MI01On 14r " usa of Fred porcenl city tax on bInOO recelptf.
Moore Park on June 11•1f and a mlo"t', (UMMIMt ~sl~ 1M purchase Of 04S Kre to
curfew to IM Links Club for a Junetwh " APOr
ccleMalim WIm e0tallnO swWthlp Mxf taplKa park land idyl In the Widening of !
year by IN Vklnam wlN+ns OrOaAltallon lwirodw IM BVvePf p~rkt Uhe, Bob V. Mnlmeusllpp 1ru>i for
headed by Carl YOUMY, IUMMMfnOW1, 13,00 vey the pUrchese of 1.72 acref Fa r
- Approved an ordinance aulMrltlnlt Ap waV WIC OrIf1 Irer11 for r
,
city county "lh 01100 to ISSW C116114414 flant on Dots
fa vloiallans•al *W' heath bade W Nod ' 1Nadi"W1l2,o/a. ~ •
J
GryetOpnan
city S:rralarysO~tra f f
Lrj •r'
FEB
S 6 1984
t ,
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO THE CITY COUNCIL
To: Denton city council
Case No.: Z-1634 Meeting Date: February 21, 1984
GENERAL INFORMATION
Applicant: Walter H, DeRonde
225 N, Locust
Denton, Texas 76201
Status of Applicant: Prospective developer and owner
Requested Action: Change in zoning from agricultural to
the planned development (PD) classifi-
cation I
Purpose: Development of the following land uses:
1. Office/Retail Uses - 3.4 acres on
the east side of FM 2181, approxi-
mately 900 feet north of Ryan Road
2. Neighborhuod Services - 5 acres
along the east side of FM 21814
650 feet north of Ryan Road
3. Medium Density Residential - 18
acres approximately 400 feet east
of FM 2181 (maximum density of 12
units per acre) which includes:
Multi-Family Restricted part
of 18 acres beginning
approximately 400 feet east of
FM 2181
F'ourplex - part of the same 18
acres mentioned above; 11 lots
which contain a total of 68
units
Duplex also part of the
above mentioned 18 acre tract;
10 lots for a total of 20 units
4. Single-family - 51.7 acres begin-
ning west of the Denton State
School (SF-7 standards); approxi-
mately 3.8 units per acre
J
(case # z-1634)
Page Two
GENERAL INFORMATION (Continued)
Location and Sixe: Residential Sections approximately
69.7 acres adjacent to the west aide
of the Denton State School continuing
to approximately 400 feet east of FM
2181.
Offioe/Retail: 3,4 acres with approxi-
mately 400 feet of frontage along FM
2181.
Neighborhood Service: 5 acres with
approximately 500 feet of frontage
along FM 2181.
Existing Land Use; Vacant
Surrounding Land Use
and Zoning; North - Vacant; SF-10
South Lakewood Estates Mobile Home
Park, KDNT Radio Station; A,
5-166
East - Denton State School; A
West - Denton West Mobile Home Park;
A, S-140
Denton Development Guide: Area is designated as low intensity
SPECIAL INFORMATION
Public Utilities: Adequate cable TV, telephone and gas
services are available to serve this
site. Thete are no existing City of
Denton electrical facilities in this
area but the City will build to
serve. Texas Power and Light can also
provide electrical service to the
area. The nearest available water is
an 8 inch line at Ryan Rd. and'FM
2181. An 8 inch water line in a 16
foot utility easement adjacent to the
FM 2181 right-of-way would need to be
built. The line must extend across
the frontage on Teasley. The nearest
available sewer service is at a city
(case # z-1634)
Page Three
SPECIAL INFORMATION (Continued)
Public Utilities owned lift station at Denton West
(Continued): Mobile Home Park. This would require
a 10 inch sewer line to be built along
FM 2181 frontage in a 16 foot utility
easement. A preferred alternative to
this would be to achieve grade to the
State school outfall sewer about 2500
feet to the northeast. Staff also has
some problems with the street layout
and its effect on utilities but this
will be addressed during the platting
stage.
Drainage: No major problems exist, although
seventy-eight (78) acres will generate
a considerable amount of runoff. The
developer will have to use a detention
pond to minimize the effects or obtain
notarized permission from downstream
property owners for the runoff.
Drainage is a consideration but the
staff feels that this can be handled
adequately during the platting process.
Transportation and
Traffic: FM 2181 (Teasley Lane) and Ryan Road
are both mayor primary arterials,
This proposal has major street access
from FM 2181 which has a right-of-way
of 90 feet. Access to all residen-
tial lots will be from internal
collector streets. Access to the
office/retail, and neighborhood service
will be from a collector street. The
collector street has an 80 foot right-
of-way at its intersection with FM
2181, then narrows down to 60 feet.
The city transportation engineer has
advised the planning staff that
although the original site plan has
been changed from commercial develop-
ment along FM 2181 to office/ retail.
and neighborhood service, this could
cause traffic: problems if other strip
zoning (commercial) is allowed to
develop along FM 2181. Also, if the
neighborhood service area does
develop, the cross traffic from Denton
West Mobile Home Park would obviously
increase.
(Cage # x1634)
Pane Four
SPECIAL INFORMATION (Continued)
Zoning History of the
Area: Approximately 4,000 foot to the
northwest of the proposed zoning
change, a planned development for
office and duplex land uses was
approved last month on a 16,16 acre
tract beginning adjacent and west of
FM 2181 and adjacent and east of
Southmont Place Addition, This
planned development consists of a
total of 49 duplexes (98 units); the
office use which fruits on FM 2181 is
limited to one (1) story in height
with only one detached sign permitted,
In April of 1983, an 83 acre tract
located along the north side of Robin-
son Road and east of Teasley Lane was
approved for mobile home park use
(Lakewood Estates). The number of
proposed lots is 380 with a minimum
lot size of 5,000 square feet.
The general area south of 1--35 and
east and west of FM 2181 is beginning
to develop with mixed uses. This
proposed planned development concept
would add another concentration of low
intensity diverse uses to the area.
ANALYSIS !
Intensity Analysis: This site is located in a low inten-
sity area. since there is so much
undeveloped property in the area, this
proposed development does not violate
intensity/density standards. The
staff has worked with the developer
and changes have been made to reduce
overall intensity. The developer's
original site plan contained commer-
cial use fronting along FM 2181, but.
after consulting with the staff, a
second site plan was submitted with
office/retail, neighborhood service
and fourplexes in place of the
commercial zoning.
page (caseF#vZ-16A)
ANALYSIS (Continued)
intensity Analysis Staff has some reservations about
(continued), office/retail and neighborhood service
development along the section of FM
2181 as a possible sign of allowing
strip commercial development but the
buffering of the duplex units to the
south and the presence of KDHT radio
station further south should prevent
this from occurring. Staff also
discussed the possibility of shifting
the offioe/retail and neighborhood
service uses to the east toward the
core of the proposal, but the devel-
oper did not seem responsive to this
idea.
Overall Housing Density
51a7 acres proposed d to for
Analysis this the
development, 1
single family. Therefore, approxi-
mately 71 percent of the total
development consists of single-family
housing, Moderate density housing
(townhomes, fourplexes and duplexes)
are shown on 18 acres. This consti-
tutes approximately 25 percent of the
total acreage. The other remaining
acreage consists of office/retail and
neighborhood service uses which is
approximately 10 percent of the total
land use.
Multi-family Restricted
Analysis: The multi-family restricted section of
this planned development has au over-
all area density of approximately 12
units per acre. There are 17 lots
which have been designated as four-
plexec which means a total of 68 units
along the southern boundary of the
proposed development. The developer
has indicated that the other section
of multi-family restricted is planned
to have a detention pond and either
duplexes or fourplexes. Since the
developer does not indicate a specific
number of units for this area, staff
recommends that a site plan must be
submitted for approval on this section
of the multi-family use.
(Case M Z-1634)
Page Six
ANAMIS (Continued)
Medium Density Residen-
tial Analysis! This area abuts the proposed single-
family use; therefore, staff strongly
recommends some type of intensity
gradation such as the location of
duplexes in this area, The developer
has indicated that his intentions are
to construct townhouses in this area
but nothing specific has been shown on
the site plan. Staff recommends, as a
condition, that a specific site plan
for this area must be approved and
that consistent with development guide
policy, a buffer between the medium
density area and the single family use
will be required. Staff recommends
extending the 30 foot greenbelt shown
along the northeast boundary to the
first proposed collector street and
also providing a screening device
along tho remaining portion of the
medium density area over to the second
proposed collector street,
Duplex Housing Analysis; The proposed duplex area shows a total
of 10 lots (20 units). The duplex
lots will provide adequate transition
between the proposed multi-family
restricted use and the proposed single
family use.
Other., Single family comprises 51.8 acres and
is designated as SF-7 which means a
minimum lot size of 7,000 square
feet. There may be problems with the
internal street layout and the use of
cul-de-sacs but this will be resolved
during the platting stage.
As staff has stated earlier, the
office/retail and neighborhood service
uses are cause for concern because of
their impact on future requests for
this type of zoning along FM 2181.
Staff does feel that these proposed
uses are more acceptable than com-
mercial zoning which was first
proposed during a pre-design
(Case M Z-1634) '
Page Seven
ANALYSIS (Continued)
Other (Continued): conference. The proposed internal
collector street between the two uses
is acceptable as a means of access. A
site plan for the office/retail and
neighborhood service sections will
also be required. The staff feels
that several conditions designating
the height of buildings, type of
signs, landscaping and setback
requirements should be imposed for
this area.
SUMMARY
Summary and Conclusion: There are adequate public utilities
available except for water and sewer
facilities and these can either be
built or extended to serve the pro-
posal. This request does not exceed
the intensity/density requirements for
this area and is consistent with other
recently approved requests.
There is a substantial amount of low
density residential development
proposed but staff would like to see
the proposed medium density concen-
tration decreased. Overall, the
diversity of uses and the strict site
plan control that is required for
planned developments should allow for
a concept that is consistent with
:,levelopment guide policies.
RECOMMENDATION ,
The Planning and Zoning commission recommends approval of
Z-1634, by a vote of 4 to 3, with the following conditions:
1. Specific site plan approval is required for the
office/retail, neighborhood service, medium density
residential sections and the portion of the multi-family
restricted directly north of the fourplex use.
(Case it z-1534)
Page Eight
RECOMMENDATION (Continued)
2. Final utility layout, street alignment, curb cut and
driveway location and overall plans for access shall be
determined during the site plan approval and/or plat
processing stage.
3. A twenty-five (25) foot czatbaok along the FM 2181 frontage
for the offioe/retail and neighborhood service uses shall be
required, This area shall be landscaped and used as
greenspace. No parking shall be allowed in this area.
4. There shall be a maximum height of two (2) stories for
buildings in the office/retail and neighborhood service
sections.
5. There shall be a maximum of two (2) detached signs allowed
in the office/retail and neighborhood service sections. The
height and location of these signs will be determined during
site plan approval.
6. No portable signs shall be allowed in any areas of this
development.
7. The proposed thirty (30) foot greenbelt shall be extended
along the northern boundary of the medium density residen-
tial section to the first proposed collector street.
S. An adequate screening device shall be constructed along the
northern boundary of the medium density residential section
between the proposed first and second collector streets.
9. The development shall conform with the approved PD concept
plan.
n
10. If 25 percent of the development, with a minimum of 5 per-
cent single family, is not developed within five (5) years,
zoning will revert to its previous agricultural (A)
classification.
ALTERNATIVES
1. Approva petition with conditions
2. Approve petition without conditions
3. Negotiate with developer and modify request
4. Deny petition
(Case # z-1634)
Page Nine
ATTACHMENT$
1. Aerial
2, planned development concept plan
3. Matrix evaluation chart
4. Reply form totals
5. property owner list
6. Minutes of planning and zoning commission meeting of
January 25, 1989.
0120)
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Z-1634
ay ~ SIR atVII.OTfS M MUM =VAR D TO AOUCY
Cea tails Slightly MIA es slightly
9~ tleaae~sta~, Afttitllll Mentablt
Area density/inters Residential.deVelopment x
city standard is not density of 3.8 units
violated. per acre for single
family and 12 units
per acre for multi-
family is within
standard
Office/retail intensity
is limited by height
requirement,
Strict site plan PD zoning is provided x
control within one but in conceptual form
block of proposed only - need more
single family information on specific
uses.
Traffic planning x
insures access by
collector street or
larger
Sufficient green x
space, recreational
facilities and
diversity of parks
provided
Input into planning Adjacent property x
by neighborhood is owners were r.otified
provided of plans and given an
opportunity to respond
Apartments that Offica/retail and x
buffer other high neighborhood services
intensity uses are to the west; four-
desirable plexes to the south
,
' i
PROPERTY OWNER REILY FORMS
CITY COUNC
z-1634
IN OPPOSITION U_NDECI1
IN FAVOR
Lynn & Jerome M, Coth None Received
Route 6, Box 24
Denton, Texas
L, R, Herkimer
5902 Westgrove
Dallas, Texas 75248
i
I
I y W F r LtAfarl- 7(c 4
Nor K, me r
r
c►ye
San a '
I n, e ~4 0 "13
3 J I
/71
f cr 3,0
~ I
P & L Minutes
January 25, i984
Page .C
III. Public Hearings
A. Z-1625. This is the petition of Tom Fouts requesting a
eninge in zoning from single family (SP-13) to the
planned development (PD) classification on a tract
approximately 3.1 acres in size located between Conway
Street and proposed Ridgeway Drive, approximately 150
feet southwest of ttre adjoinment of Loop 288 and tue
1-35 service road, if approved the planned development
(PD) would permit the constructioa of a two story oitiee
structure, total{ng approximately 54,200 square feet in
size.
This item was withdrawn by petitioner due to the fact
teat a traific study had riot been completed oil tine
proposed zoning site.
Mr. 4lackins explained legal staff has suggested the next
time an item that has been withdrawn numerous times
appears on the agenda and again is withdrawn, the
cummisslon iias the option to go a~iead and consider: the
item.
Mr. Sidor commented it is an inconvenience, especially
for staff wtien petitions are continually withdrawn.
Ms. Cole and Mr. Juren arrived.
Mr. Pearson commented tie recalled a situation in the
past Wllere petitioners had withdrawn several times until
the neighborhood was worn down,
Mr. Sidor made a motion to give consideration to Tearing
the petitioners case if it has been withdrawn on
numerous occasions before, Mr. Pearson seconded, motion
~`c'arried 7-U.
8.! Z-1634. This is tue petitioni of Walter H, DeRoude
(Gemstone Development Company) requesting a caange in
zoning from agricultural (A) to the planned development
(PD) classification on a 78,11E acre tract out of tLte
(UNAPPROVED) Benjamin Lewis Survey, Tne property is located adja-
cent and west of the Denton State 5cuooi and ease of
Denton West Mobile Home Park: with approximately 975 feet
of frontage alonb FM Zi.6i (Teasley Lane), if appcuved,
the planned development (PD) would peewit the foilowing
uses,
P e~ Z .Minutes
,January i5; 1984
Page 8
Neigobornood Services - 5 acres
Utfice/Retail Uses - 3,4 acres
Single Family - 51.7 acres with.
approximately 3.8 units per acre (196 units)
Madium Density Residential - 18 acres with
approximately 21b residential units consist-
ing of multi-family, fourplex and duplex
Julia Moore explained tite total acrea a development
concept, site stated L notices were Mled to property
owners within 20U toot of tiro subject property, 2 reply
forms were returned in favor and 1 returned undecided,
Mr, Claiuorne questioned wi►at percentage of tree area is
tour-plex and multi-tamily.
Ms. Moore explained tltere would ue a maximum of twelve
units per acre.
Malt DeRonde explained uis Vequest is covering a 78 acre
tract on Teasley Lane approximately 4,000 feet from
where toe new proposed Ridgeway Drive will intersect
with Teasley Laue and Lie continued explaining tae
► surrounding property uses, He said planned development
zoning is requested with 51.7 acres of single tamily
dwellings proposed. He discussed the density of nis
project and plans for the garden type oi•fice condo, he
said it mi.gnt ue some time before they would be
developed due to marKet conditions.
William Puillips (attorney for Cott, adjacent property
owner) stated they are basically in agreement with the
proposal but would iiKe to see toe neighborhood services
veduced from Live (5) acrus to otte (1) acre.
R. J. Button (owner of Lakewood Estates) said tie
supports the proposed project. He brought up for
discussion ttie tact that me felt like the 50 foot
setuaci% was mucii to deep and somewnaL ur►rair to ttie
developer.
P & Minutes
January 25, i964
Pago 4
bJs, hloore explained there are adequate public
facilities, water and sower However, will cause some
problems out can be worked out, with regard to the
drainage, there will probably be a detention pond
required. Teasley is a major arterial and she explained
the access into the project, She stated tttae the
project could develop a problem of a strip shopping
precedence but staff does not tu!.nK so, rlie new site
plan pasented to staff by the developer shows duplexes
instead of four-plexes on toe south boundary due to the
coucerris of the peoperty owner of the radio station, he
felt the nigner structures might cause interference for
his transmissions. She continued to explain the
greenbelt area along toe northern boundary and ttte 50
toot setuack along PM 1181.
Mr, Sidor asked for a claririca,tion of tile setoacK and
right-of-way.
Mr Olyai explained ttte right-of-way for the area ana
said around tue year 2000 A.U. it will be widened and
ultimately to oe a four-lane.
Puulic nearing closed.
Pls. Moore reviewed each of the conditions that would ue
recommended fur approval and explained the UeveiopmaLIt
Guidry rating. Stie said tree main concern of state is ttte
general retail section but overall it is an acceptable
proposal. and Development ttevinw Committee recommends
approval with tree foliowing conditions:
1. Specific site plan approval is required for the
office/retail, neignbornood service, medium density
residential sNctions and the portion of ttte
multi-family restricted directly north of the
fourplex use.
2, final utility layout, street alignment, curb cut and
driveway location ahd overa'il plans fee access shall
be determined during the site plan approval and/or
plat processing stage.
3. A twenty-five kz5) foot setback along the FN 2181
montage for tite ortice/retail and neignDorttood
service uses sttal.l oe required, T,tis area shall be
landscaped and used as green pace. No par,:anS shall
ue allowea ill this area.
Y a ~ l~iinuces
January i5, 1984
Pagel 5
44 There shall ue a maximum neight of two (2) stories
for buildings in the office/rutail and neighborhood
service sections.
5. There shall tie a maximum of two (2) detached signs
allowed in the office/retail and neibtiuoritood
service sections, The iiei.ggtit and location of these
signs will be determinod during site plan approval.
b. Wo portable signs shall ue allowed in any areas of
tilts development,
7. 'Ctte proposed thirty (30) foot greenbelt shall be
extended along tae northern ooundary o£ the medium
density residential section to the first proposed
collector street,
6. An adequate screening device shall be constructed
along ttte northern boundary of cne medium density
residential section uetween tue proposed first and
second collector streets,
y, 'file development shall conform with Cne approved PD
concept plan.
io. If 25 percent of the c.evelopment, with -a mtriituum of
.5 percent mingle family, is not developed within
five (5) years, zoning will revert to its previous
agriculLural (A) c.tassif:ication.
In response to a question of clarification from tree
public seating Ms. moore explained L'ne difference
between office/retail and neighborhood services, she
said when ttte site plan comes in for approval at teat
time conditions of what can oe allowed oan be added.
Mr. LaForce asked Mr. UeKonde to comment oil reducing the
neighborhood services to one acre,
Mr. DeRonde explained ue is uabi.cally trying to get a
concept plan accepted on this planned development
request. In response to the reducti.ou rte feels the
required greenspace area is taking aloe of itis area away
that could ue developed and would puefor uo reduction.
Mr, LdForce questioned wnat tie feels about a fitly (501)
tout setback at the front.
Mr. Le Ronde i.-esponded saying Lrom ttis point of view half
chat would ue more rair,
Y & 'G Tiinutes
January 25; 1984
'Page U'
The density of tka project was discussed by staff, the
engineer on the project, and the commissioner and it was
explained that ttie request does not exr,eed the intensity/
density ruquirements for this area.
William Phillips quesuionod why screening on the
northside of ttte single family area is not provided.
Hr. LaPorte said usually single family areas arcs not
screened.
Mr. La Forte commented vie titintes the project should be
recommended for approval with trio exceptioii of the
suggested SU foot setbacK on FM 2181, it should be more
appropriately set at 30 feet.
Hr. Sidor wade a motion to recommend approval or G-1634
with fete t'ollowing conditions;
1. Specific site plan approval is required for the
oifi.ee/retail, ntiigiiooritood service, medium density
residential sections and the Portion of the
multi-family restrictec directly rtortIL of tite
fourplex use.
2. Final utility layout, street alignment, curb cut and
driveway location and overall pians for access snail
be determined during ttte site plan approval and/or
plat processing stage.
3. A twenty-five (ZS) foot setback along the PM 2181
frontage for Cue office/retail and neigttuornoud
service uses shall vie required. Tuffs area shall be
landscaped and used as gfeenspace. 13o parting stall
be allowed in this area.
4. There shall be a maximum ueigttt of two (2) stories
for buildings in the office/retail avid neighborhood
service sections.
S. '1'ttere snail vie a maximum of two (2) detached signs
aliowe:d in toe ofiice/retaii and oeignuoritood
service sections. Tree neight and location of these
signs will be determined during site plan approval,
o. No portable sigLis shall vie allowed in any ai:eas of
this development.
'1'ne proposed tuirty (30) ioot greenbelt shall be
extended along ttkc; nortuern uuundary of ttte medium
density residential section to the first proposed
collector street.
P & ~ 'riinutea
January 1964
Page 7
8. An adequate sereeniag device shall be constructed
along the northern boundary of the medium density
first and
residential section uetween the proposed
second collector streets.
9. The development shall conform with the approved PD
concept plan.
10. It 25 percent cf the development, with a minimum of
5 percent single family, is not developed within
live (5) years zoning will revert to its previous
agricultural (A) classification.
Motion seconded by Pir. Eseue.
Mr. Claiborne made a motion to amend tue motion to have
a 50 foot setback from the existing <<ighway vigut-of-way
.along FM 2181. Hr. Juren seconded, vote was called,
motion failed 3-4 (Juren, Claiborne and Pearson).
Vote was called on the original motion, motion carried
4-3 (Juren, Uiaiborne and Pearson).
L-
C. G..-1036. . This is the petition of Ralpn E. Collins
representing the Henry S. 0iiler Company, requesting a
cuange in zonir►g from agricultural (A) (pending final
action on proposed annexation) to the multi-family (MF-2)
classification on three tracts totaling approximately
128.365 acres in size. Tne combined area is located
between tree 1-35E; service road, Loop 288, Mayni.ll Road
and Spencer Road.
'T'ract 1 is approximately 27.016 acres in size and
begins adjacent and nortu or the MK&T Railroad
approximately 1,50U feet east of Loop 288.
Tract 2 is approxi.mdtety 74.900 acres in size and
located adjacent and nort[L of tue I-35E service road
dud south of the i-]K&T Raiiroad approximately 1.,550
teet east of Loop 28b.
Tract 3 is approximately '2b.449 acres in size and
oegins adjacent and west of M ayhill hoad approxi-
mately 7L0 feet norcii of the 1-35E service road.
Mr. WatKins explained 5 notices were mailed to property
owners wi.toin 2U0 feet, 1 repiy E01:m was received in
favor and 1 reply form was received in opposition, the
request is for a multi-family (11F-Z) classificatiotl.
f*aillip Patterson (speaking for H. S. Fuller Company)
presentud aerial pictures outlining, the subject property
to the commissioners for review. tie said they have
ioliowed t<<e development guidelines and nave no prouiem
;
. cICA~ FcR
Ct+GItiANC>r A71f10R2z2N0 TKE ISSl1At4C7»" or CITY CF DETr1CN U4'ILI4Y
SYTM t1LVF= Xt=# W= 1984, AND APPROVrW AND AMIOR-
Izm T1imt1'IE n AM PV=-X-Tm RIIm n T?~fi
TF~ mn Cr Tom ~
CotM or am= n
CITY of Dal" n
we, the undersigned officers of the City of Manton, West hereby certify
as follows:
1. 4fa City Council of said City oonvened in
RDLFIAR ,XMTWO W THE 21ST bAY OF F' , 1984,
at the Municipal Budding (City Hall), a rd the roll was called of the duly
constituted officers and msnbere of said City CrA=il, to-witi
Charlotte Aden, City Secretary Richard 0, Stewart, Mayot
Mark Chew Jack Barton
~la1ossHopkins Dr. A, Ray $tsphens
ssparger Joe Alford
and all of said persons wars present, except the following absenteest
thus constituting a quorum,
ai among se, the o was transacted at said Msetingt
OWDW%tZ ALnMPIzYM7 Tw 13SIOM OF CITY or DF4M VrnaTY
SYS N FtF~lERZ FfC St SDUES 1984, AND APPFOM4 AND Aff1'E1JR-
I WIO WST'RL OM AND PAOCF>;(JRfS FELW= THERCM
was duly introduced for the consideration of said City Council and duly read.
rt was than duly moved and seoooded that said ordinanc+u be passed; and, attar
due discussion, said motion, carrying with it the passage 'of said Ordinance,
prevailed and carried by the following vroten
AYES: All offers of said City Council
• shown present above voted "Ayd"
Norm None,
2. That a trust full, and comsat copy of the aforesaid OrdDuusce passed
at the Heating described in the above and foregoing paragraph is attached tc
and follows this Certificate; that said Ordinance has been duly recorded in
said city Council's minutes of said Meetings that the above and foregoi:.g
paragraph is a trust full, and correct excerpt from said City Council's
minutes of said Meeting pertaining the passage of said Ordinance; that the
persons named in the above and foregoing paragraph are tee duly chosen,
qualified, and acting officers and ors of said City Council as indicated
thareini and that each of the officers and msrbers of said City Council %as
duly and sufficiently notified officially and personally) in advance, of the
time, plxoe, and purpose of the aforesaid Meeting, and that said OrdirAr4e
would be Introduced and considered for passage at said Meetings anal that said
Meeting was open to the public, and public notice of the time, place, and
purpose of said meeting wets given, all as required by Vernon's Ann, '[next Civ.
St, Article 6252-17.
3. That the Mayor of said City hts approved, and hereby approves, the
aforesaid Ordinance; that the Miayor and the City Secretary of said City have
duly signed said Ordinance; and that the Mayor and the City Secretary of raid
City hereby declare that their signing of this Certificate shall cnatitute
the signing of the attached and following copy of said Ordinance for all
purposes.
SIGgM AND SLVM the 21st day of February, 1984,
City Secretary Mayor
(MAL)
. 4e, the ,undersigned, being respectively the City Attorney and the Fund
Attorneys of the City of Denton, Texas, hereby certify that ve prepared and
approved as to legality the attached and following ordinance prior to its
passage as aforesaid.
,onerous
1•
ORDINANCE
AUTHORIZING THE ISSUANCE" OF CITY OF DENTON UTILITY SYSTEM
REVENUE BONDS, SERIES 1984, AND APPROVINO AND AUTHORIZING
INSTRUMENTS AND PROCEDURES RELATINO THERETO
THE STATE OF TEXAS ,
COUNTY OF DENTON ,
CITY OF DENTON i
WHEREAS, the City Council of the City of Denton, Texas, is
authorized to issue the bonds of the City of Denton hereinafter
authorized pursuant to Vernon's Ann. Civ St, Articles 2368a,
1111 through 1118, and other applicable laws,
THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY
ORDAINS THATi
Section L. AMOUNT AND PURPOSE OF THE BONDS, The bond or
bonds of the City of Denton, Texas (the "Issuer") are hereby
authorized to be issued and delivered in the aggregats princi-
pal amount of $1,000,000, FOR THE PURPOSE of PROVIDING FUNDS TO
IMPROVE THE CITY'S UTILITY SYSTEM, WHICH CONSISTS OF THE CITY'S
COMBINED WATERWORKS, SEWER, AND ELECTRIC LIGHT AND POWER
SYSTEM.
Section 2, DESIGNATION OF THE BONDS, Each bond Issued
pursuant to this ordinance shall be dasignatedi "CITY OF DENTON
UTILITY SYSTEM REVENUE BOND, SERIES 198411, and initially there
shall be issued, sold, and delivered hereunder a single fully
registered bond, without interest coupons, 'payable in
installments of principal (the "Initial Bond"), but the Initial
Bond may be assigned and transferred and/or converted into and
exchanged for a like aggregate principal amount of fully
registered bonds, without interest coupons, having serial
maturities, and 1.n the denomination or denominations of $5,000
or any integral multiple of $5,000, all in the manner herein-
after provided, The term "Bonds" as used in this ordinance
shall mean and include collectively the Initial Bond and 411
substitute bonds exchanged therefor, as well as all other
substitute bonds and replacement bonds issued pursuant hereta,
and the term "Bond" shall mean any of the Bonds.
Section 3, INITIAL DATE, DENOMINATION, NUMBER, MATURI-
TIES, INITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE
INITIAL BOND,
(a) The Initial Bond is hereby authorized to be issued,
sold, and delivered hereunder as a single fully registered
Bond, without interest coupons, dated MARCH 1, 1984, in the
denomination and aggregate principal amount of $1,000,000,
numbered R-1, payable in annual installments of principal to
the initial registered owner thereof, to-wit,
or to the registered assignee or assignees of said Bond or any
portion or portions thereof (in each case, the "registered
owner"), with the annual installments of principal of the
Initial Bond to be payable on the dates, respectively, and In
the principal amounts, respectively, stated in the FORM OF
INITIAL BOND set forth in this Ordinance,
(b) The Initial Bond (i) may be prepaid or redeemed prior
to the respective scheduled due dates of installments if
principal thereof, (ii) may be assigned and transferred, (iii)
may be converted and exchanged for other Bonds, (iv) shall have
the characteristics, and (v) shall be signed and sealed, and
the principal of and interest on the Initial Bond shall be
1
pa able, all as provided, and in the manner required or indi-
cated, in the FORM OF INITIAL BOND Set forth in this Ordinance,
section 44 INTEREST, The unpaid principal balance of the
Initial bond shall bear interest from the date of the Initial
Bond to the respeotive soheduled due dates, or to the respec-
tive dates of prepayment or redemption, of the installments of
principal of the Initial Bond, an4 said interest shall be
payable, all in the manner provided and at the rates and on the
dates stated in the FORM OF INITIAL BOND set forth in this
ordinance.
Section S. FORM OF INITIAL BOND, The form of the Initial
Bond, including the form of Registration Certificate of the
Comptroller of Public Accounts of the State of Texas to be
endorsed on the Initial Bond, shall be substantially as
followsi
FORM OF INITIAL BOND
NO. R-1 $1,000,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON UTILITY SYSTEM REVENUE BOND
SERIES 1984
THE CITY OF DENTON, in Denton County, Texas (the
"issuer"), being a political subdivision of the State of Texas,
hereby promises to pay to
or to he registered ass gnee or ass gaees o this on or any
portion or portions hereof (in each case, the "registered
owner") the aggregate principal amount of
$1,000,000
(ONE MILLION DOLLARS)
in annual installments of principal due and payable on DECEMBER
1 in each of the years, and in the respective principal
amounts, as set forth in the following schedules
PRINCIPAL PRINCIPAL
YEAR AMOUNT YEAR AMOUNT
1985 $50,000 1995 $50,000
1986 50,000 1996 501000
1987 50,000 1997 500000
1988 50,000 1998 50,000
1989 50,000 1999 50,000
1990 50,000 2000 50,000
1991 50,000 200, 500000
1992 50,000 2002 50,000
1993 50,000 200 50,000
1994 50,000 2004 50,000
and to pay interest, from the date of this Bond hereinafter
stated, on the balance of each such installment of principal,
respectively, from time to time remaining unpaid, at the rates
as followsf
2
1 per annum on the above installment of
principal due and payable on DECEMBER to 1985)
1 per annum on the above installment of
principal due and ayabla on DECEMBER 1, 19861
1 principal due the
payable onlDECnEMBER 1, 19871
1 per annum on the above installment of
principal due and payable on DECEMBER It 19881
1 per annum on the above installment of
principal due and payable on DECEMBER 1, 19891
i per annum on the abbove installment of
principal due and payable on DECEMBER 1, 19901
1 per annum on the above installment of
principal due and payable on DECEMBER to 19911
4 per annum on the above installment of
principal due and payable on DECEMBER 1, 1992)
1 per annum on the above installment of
principal due and payable on DECEMBER 1, 19931
1 per annum on the'above installment of
principal due and payable on DECEMBER It 19911
i per annum on the above installment of
princip)►1 due and ppayable on DECEMBER 1, 19951
1 per annum on the aba,e installment of
principal due and payable on DECEMBER 1, 19961
1 par annum on the above installment of
principal due and payable on DECEMBER 1, 19971
t per annum on the above installment of
principal duo and payable on DECEMBER 1, 19981
/ per annum on the above installment of
principal due and payable on DECEMBER to 19991
1 per annum on the above installment of
principal due and payable on DECEMBER 1, 20001
1 per annum on the above installment of
principal due and payable on DECEMBER 1, 20011
1 per annum on the above installment of
principal due and payable on DECEMBER 1, 2002)
per annum on the above installment of
principal due and payable on DECEMBER 11 2003)
per annum on the above installment of
principal due and payable on DECEMBER 1, 2004,
with said interest being payable on DECEMBER 1, 1984, and semi-
annually on each JUNE 1 and bECEMBER 1 thereafter while this
Bond or any portion hereof is outstanding and unpaid,
THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this
Bond are payable in lawful money of the United States of
America, without exchange or collection charges, The install-
ments of ;principal and the interest on this Bond are payable to
the registered owner hereof through the services Of TEXAS
AMERICAN BANX/FORT WORTH, N,A „ FORT WORTH, TEXAS, which is the
"Paying Agent/Registrar" for this Bond. Payment of all princi-
pal of and interest on this Bond shall be made by the Paying
Agent/Registrar to the registered owner hereof on each princi-
pal and/or interest payment date by check or draft, dated as of
such date, drawn by the Paying Agent/Registrar on, and payable
solely from, funds of the Issuer required by the resolution
authorizing the issuance of this Bond (the "Bond ordinance") to
be on deposit with the Paying Agent/Registrar for such purpose
as hereinafter provided) and such check or draft shall be sent
by the Paying Agent/Registrar by United States Mail, flrst-
c ass postage prepaid, on each such principal and/or interest
payment date, to the registered owner hereof, at the address of
the registered owner, as it appeared on the 15th day of the
month next preceding each such date {the "Record Date"1 on the
Registration Books kept by the Paying Agent/ Registrar, as
hereinafter described, The Issuer covenants with the regis-
tered owner of this Bond that on or before each principal
3
and/or interest payment date for this Bond it will make avail-
able to the Paying Agent/Registrar, from the "Interest and
Sinking Fund" created by the Bond Ordinance, the amounts
required to provide for the payment, in immediately available
funds, of all principal of and interest on this Bond, when due,
IF THE DATE for the payment of the principal of or inter-
est on this bond shall be a Saturday, Sunday, a legal holiday,
or a day on which banking institutions in the City where the
Paying Agent/Registrar is located are authorized by law or
executive order to close, than the date for such payment shall
be the next succeeding day which is not such a Saturday,
Sunday, legal holiday, or day on which banking institutions are
authorized to close) and payment on such date shall have the
same force and affect as if made on thn original date payment
was due.
THIS BOND has been authorized in accordance with the
Constitution and laws of the State of Texas FOR THE PURPOSE OF
PROVIDING FUNDS TO IMPROVE THE CITY'S UTILITY SYSTEM, WHICH
CONSISTS OF THE CITY'S COMBINED WATERWORKS, SLOWER, ANU ELECTRIC
LIGHT AND POWER SYSTEMS,
ON DECEMBER 1, 1994, or on any interest ppayment date
thereafter, the unpaid installments of principal of this Bond
may be prepaid or redeemed prior to their scheduled due dates,
at the option of the Issuer, with funds derived from any
available source, as a whole, or in part, and, if in part, the
particular portion of this Bond to be prepaid or redeemed shall
be selected and designated by the issuer {provided that a
portion of this Bond may be redeemed only in an integral
multiple of $5,000), at the prepayment or redemption price of
the par or ,)rincipal amount thereof, plus accrued interest to
the date fixed for prepayment or redemption.
AT LEAST 30 days prior to the date fixed for any su4h
prepayment or redemption a written notice of such prepayment or
redemption shall be mailed by the Paying Agent/Registrar to the
registered owner hereof. By the date fixed for any su.-.h
prepayment or redemption due provision sha1,1 be made by the
issuer with the Paying Agent/Registrar for the payment of the
required prepayment or redemption price for this Bond or the
portion hereof which is to be so prepaid or redeemed, plus
accrued interest thereon to the date fixed for prepayment or
redemption. If such written notice of prepayment or redemption
is given, and if due provision for such payment is made, all as
provided above, this Bond, or this portion thereof which is to
be so prepaid or redeemed, thereby automatically shall be
treated as prepaid or redeemed prior to its scheduled due date,
and shall not bear interest after the date fixed for its
prepayment or redemption, and shall not be regarded as being
outstanding except for the right of the registered owner to
receive the prepayment or redemption price plus accrued inter-
est to the date fixed for prepayment or redemption from the
Paying Agent/Registrar out of the funds provided for such
payment. The Paying Agent/Registrar shall record ire the
Registration Books all such prepayments or redemptions of
principal of this Bond or any portion hereof.
THIS BOND, to the extent of the unpaid or unredeemed
principal balance hereof, or any unpaid and unredeemed portion
hereof in any integral multiple of $5,000, may be assigned by
the initial registered owner hereof and shall be transferred
only in the Registration Books of the Issuer kept by the Pay,.ng
Agent/Registrar acting in the capacity of registrar for the,
Bonds, upon the terms and conditions set forth in the Bond
Ordinance, Among other requirements for such transfer, this
Bond must be presentee, and surrendered to the Paying
4
Agent/Registrar for cancellation, together with proper instru-
ments of assignment, in form and with guarantee of signatures
satisfactory to the Paying Agent/Registrar, evidencing
assignment by the Initial registered owner of this Bond, or any
portion or portions hereof in any Integral multiple of $5,000,
to the assignee or assignees In whose name or names this Bond
or any such portion or portions hereof is or are to be trans-
ferred and registered. Any instrument or instruments of
assignment satisfactory to the Paying Agent/Registrar may be
used to evidence the assignment of this Bond or any such
portion or portions hereof by the initial registered owner
hereof. A new bond or bonds payable to such assignee or
assignees (which then will be the new registered owner or
owners of such new Bond or Bonds) or to the initial registered
owner as to any portion of this Bond which is not being
assigned and transferred by the initial registered owner, shall
9e delivered by the Paying Agent/Registrar in conversion of and
exchange for this Bond or any portion or portions hereof, but
solely in the form and manner as provided in the next paragraph
hereof for the conversion and exchange of this Bond or any
portion hereof, The registered owner of this Bond shall be
deemed and treated by the Issuer and the Paying Agent/Registrar
as the absolute owner hereof for all purposes, including
payment and discharge of liability upon this Bond to the extent
of such payment, and the Issue: and the Paying Agent/Registrar
shall not be Wected by any notice to the contrary,
AS PROVIDED above and in the Bond Ordinance, this Bond, to
the extent of the unpaid or unradesmad principal balance
hereof, may be converted into and exchanged for a like aggre-
gate principal amount of fully registered bonds, without
interest coupons, payable to the seaignee or assignees duly
designated in writing by the initial registered owner hereof,
or to the Initial registered owner as to any portion of this
Bond which is not being assigned and transferred by the initial
registered owner, in any denomination or denominations in any
integral multiple of $5,000 (subject to the requirement here-
inafter stated that each substitute bond issued in exchange for
any portion of this Bond shall have a single stated principal
maturity date), upon surrender of this Bond to the Paying
Agent/Registrar for cancellation, all in accordance with the
form and procedures set forth in the Bond Ordinance. If this
Bond or any portion hereof is assigned and transferred or
converted each bond issued in exchange for any portion hereof
shall have a single stated principal maturity date correspond-
ing to the due d,).te of the installment of principal of this
Bond or portion hereof for which the substitute bond is being
exchanged, and shall bear interest at the rate applicable to
and borne by such installment of principal or portion thereof.
Such bonds, respectively, shall be subject to redemption prior
to maturity on the same dates and for the same prices as the
corresponding installment of principal of this Bond or portion
hereof for which they are being exchanged, No such bond shall
be payable in Installments, but shall have only one stated
principal maturity date, AS PROVIDED IN THE BOND ORDINANCE,
THIS BOND IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED
OR CONVERTED ONCE ONLY, and to one or more assignees, but the
bonds issued and delivered in exchange for this Bond or any
portion hereof may be assigned and transferred, and conversed,
subsequently, as provided in the Bond Ordinance, The issuer
shall pay the Paying Agent/Registrar's standard or customary
fees and charges for transferring, converting, and exchanging
this Bond or any portion thereof, but the one requesting such
transfer, conversion, and exchange shall pay any taxes or
governmental charges required to be paid with respect thereto,
The Paying Agent/Registrar shall not be required to make any
such assignment, conversion, or exchange (i) during the period
commencing with the close of business on any Record Date and
5
ending with the opening of business on the next following
principal or interest payment date, or, (iil with respect to called
for
or redem prioroto maturity, n ithin 45 days priorrtoa itsn prepayme tp oir on
redemption date,
IN THE EVENT any Paying Agent/Re tstrar for this Bond is
changed by the issuer, resigns, or otherwise ceases to act as
suoh, the issuer has covenanted in the Bond Ordinance that it
promptly will appoint a competent and legally qualified sub-
stitute there f or
to be mailed n to the registered owner of written Bond,
IT Is HEREBY certified, recited, and oovenanted that this
Bond has been duly and validly authorized, issued, sold, and
deliveredi 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 Bond have
been performed, existed, and been done in accordanoe with lawn
that this Bond is a speoi.al obligation of the Issuer, secured
by and payable, together with other bonds, from a first lien on
and pledge of the "Pledged Revenues", which include initially
the "Net Revenues of the System" as such terms are defined in
the Bond Ordinance, with the System consisting of the City's
entire combined waterworks, sewer, and electric light and power
system,
THE ISSUER has reserved the right, subjeot to the restric-
tion stated in the Bond Ordinance, to issue Additional Bonds
pa able from and secured by a first lien on Ana pledge of the
"Pledged Revenues" on a parity with this Bond,
THE REGISTERED OWNER hereof shall never have the right to
demand payment of this Bond or the interest hereon out of any
funds raised or to be raised by taxation or from any source
whatsoever other than specified in the Bond Ordinance,
BY BECOMING the registered owner of this Bond, the regis-
tered owner thereby acknowledges all of the terms and provi-
sions of the Bond Ordinance, agrees to be bound by such terms
and provisions, acknowledges that the Bond Ordinance is duly
recorded and available for inspection in the official minutes
and records of the governing body of the issuer, and agrees
that the terms and provisions of this Bond and the Bond Ordi-
nance constitute a contract between the registered owner hereof
and the issuer,
IN WITNESS WHEREOF, the issuer has caused this Bond to be
signed with the manual bignatura of the Mayor of the Issuer And
countersigned with the manual signature of the city Secretary
of the issuer, has caused the official seal of the Issuer to be
duly impressed on this Bond, and has caused this Bond to be
dated MARCH 1, 1984,
My Secretary, Mayor,
City of Denton, Texas City of Denton, Texas
(CITY
SEAL)
6
FORM OF R£GISTRATION CERTIFICATE OF THE
w COMRTROLLER OF PU6LIC ACCOUNTBi
COMPTROLLER'S REOISTRATION CERTIFICAT£i REGISTER NO,
I hereby certify that this Bond has boon examined, certi-
fied as to validity, and approved by the Attorney General of
the state of Texas, and that this Bond has been registered by
the Comptroller of Public Accounts of the State of Texas.
Witness my signature and seal this
omptro er o o Accounts
of the State of Texas
(COMPTROLLER'S SEAL)
9e0tion 6, ADDITIONAL CHARACTERISTICS Oil THE BONDS,
Registration and Transfer, (a) The Issuer shall keep or cause
to be ept at the principal corporate trust office of TEXAS
AMERICAN BANK/FORT '"FORTH, N.A., FORT WORTH, TEXAS (the "Paying
Agent/Registrar") books or records of the registration and
transfer of the Bonds (the "Registration Books"), and the
Issuer hereby appoints the Paying Agent/Registrar as its
registrar and transfer agent to keep such books or records and
make such transfers and registrations under such reasonable
regulations as the Issuer and Paying Agent/Registrar may
prescribes and the Paying Agent/Registrar shall make such
transfers and registrations as herein provided, The Paying
Agent/Registrar shall obtain and rsoard in the Registration.
Books the address of the registered owner of each Bond to which
payments with respect to the Bonds shall be mailed, as heroin
providedi but it shall be the duty of each registered owner to
notify the Paying Agent/Registrar in writing of the address to
which payments shall be mailed, and such interest payments
shall not be mailed unless such notice has been given, The
Issuer shall have the right to inspect: the Registration Books
during regular business hours of the Paying Agent /Registrar.
but otherwise the Paying Agent/Registrar shall keep the Reg:s-
tration Books confidential and, unless otherwise required by
law, shall not permit their inspection by any other entity.
Registration of each Bond may be transferred in the Registra-
tion Books only upon presentation and surrender of such Bond to
the Paying Agent/Registrar for transfer of registration and
cancellation, together with proper written instruments o!
assignment, in form and with guarantee of signatures satis-
factory to the Paying Agent/Registrar, (i) evidencing the
assignment of the Bond, or any portion thereof in any Integral
multiple of $5,0000 to the assignee or assignees thereof, and
(ii) the right of such assignee or assignees to have the send
or any such portion thereof registered in the name of such
assignee or assignees, Upon the assignment and transfer of any
Bond or any portion the%:eof, a new substitute Bond or Bonds
shall be issued in conversion and exchange therefor in the
manner herein provided, The initial Bond, to the extent of the
unpaid or unredeemed principal balance thereof, may be assigned
and transferred by the initial registered owner thereof once
only, and to one or more assignees designated in writing by the
initial registered owner thereof, All Bonds issued and de-
livered in conversion of and exchange for the Initial Bond
shall be in any denomination or denominations of any integral
multiple of $5,000 (subject to the requirement hereinafter
stated that each substitute Bond shall have a single stated
principal maturity date), shall be in the form prescribed in
the FORM OF SUBSTITUTE BOND set forth in this ordinance, and
shall have the characteristics, and may be assigned,
7
transferred, and converted as hersinalter provided. if the
Initial Bond or any portion thereof is assigned and transferred
or converted the Initial Bond must be surrendered to the Paying
Agent/Registrar for cancellation, and each bond issued in
exchange for any portion of the initial Bond shall have a
single stated principal maturity date, and shall not be payable
in inLtallmontsi and each such Bond shall have a principal
maturity date corresponding to the due date of the installment
of principal or portion thereof for which the substitute Bond
is being exchangedi and each such Bond shall bear interest at
the single rate applicable to and borne by such installment of
principal or portion thereof for which it is being exchanged.
If only a portion of the Initial Bond is assigned and
transferred, there shall be delivered to and registered in the
name of the initial registered owner substitute Bonds in
exchange for the unassigned balance of the initial Bond in the
same manner as if the initial registered owner were the es-
signee thereof. If any Bond or portion thareof other than the
Initial Bond is assigned and transferred or converted each Bond
issued in exchange therefor shall have the same principal
maturity date and bear interest at the same rate as the Bond
for which it is exchanged. A form of assignment shall be
printed or endorsed on each Bond, excepting the Initial Bond,
which shall be executed by the registered owner or its duly
authorized attorney or representative to evidence an assignment
thereof. Upon surrender of any Bonds or any portion or por-
tions thereof for transfer of registration, an authorized
representative of the Paying Agent/Registrar shall make such
transfer in the Registration Books, and shall deliver a new
fully registered substitute Bond or Bonds, having the charac-
teristics herein described, payable to such assignee or assign-
ees (which then will be the registered owner or owners of such
new Bond or Bonds), or to the previous registered owner in case
only a portion of a bond is being assigned and transferred, all
in :onversion of and exchange for said assigned Bond or Bonds
or any portion or portions thereof, in the same fos~m and
manner, and with the same effect, as provided in Section 6(d:,
below, for the conversion and exchange of Bonds by any regis-
tered owner of a Bond. The issuer shall pay the Paying Agent,
Registrar's standard or customary fees and charges for making
such transfer and delivery of a substitute Bond cr Bonds, but
the one requesting such transfer shall pay any taxes or other
governmental charges required to be paid with respect thereto.
The Paying Agent/Registrar shall not be required to make
transfers of registration of any Bond or any portion thereof
(i) during the period commencing, with the -.lose of business on
any Record bate and ending with the opnninq of business on the
next following principal or interest payment data, or, (ii)
with respect to any Bond or any portion thereof called for
redemption pr'. r to maturity, within 45 days prior to its
redemption daite.
(b) Ownership of Bonds, The entity in whose name any
Bond shall be req store n the Registration Books at any time
shall be deemed and treated as the absolute owner thereof !or
all purposes of this Ordinance, whether or not such Bond shall
be overdue, and the Issuer and the Paying Agent/Registrar shall
not be affected by any notice to the contraryi and payment of,
or on account of, the principal of, premium, if any, and
interest on any such Bond shall be made only to such registered
owner, All such payments shall be valid and effectual to
satisfy and discharge the liability upon such Bond to the
extcnm of the sum or sums so paid.
(c) Payment of Bonds a,~d interest. The issuer hereby
further appoints t e Paying Ag`ent/Rogi trar to act as the
paying agent for paying the principal of and inter.9st on the
Bonds, and to act as its agent to convert and exchange or
8
replace Bonds, All As provided in this Ordinance, The Paying
Agent/Registrar shall keep proper records of all payments made
by the Issuer and the Paying Agent/Registrar with respect to
the Bonds, and of all conversions and exchanges of Bonds, and
all replacements of Bonds, as provided in this Ordinance,
y~nversicn and Exohanae p_ Peplao~ment~ Authenti-
ca o ( Eac on ss a en a veerrep pursuant EFiis
r nance, to the extent of the unpaid or unredeemed principal
balance or principal amount thereof, may, upon surrender of
such Bond at the principal corporate trust office of the Paying
Agent/Registrar, together with a written request therefor duly
executed by the registered owner or the assignee or assignees
thereof, or its or their duly authorized attorneys or
representatives, with guarantee of signatures satisfactory to
the Paying Agent/Registrar, may, at the option of the regis-
tered owner or such assignee or assignees, as appropriate, be
converted into and exchanged for fully registered bonds,
without interest coupons, in the form prescribed in the FORM OF
SUBSTITUTE BOND set forth in this Ordinance, in the denomina-
tion of $5,000, or any integral multiple of $51000 (subject to
the requirement hereinafter stated that each substitute Pond
shall have a single stated maturity date), as requested in
writing by such registered owner or such assignee or assignees,
in an aggregate principal amount equal to the unpaid or unre-
deemed principal balance or principal amount of any Bond or
Bonds so surrendered, and payable to the appropriate registered
owner, assignee, or assignaee, as the case may be. If the
Initial Bond in assigned and transferred or converted each
substitute Bond issued in exchange for any portion of the
Initial Bond shall have a single stated prinoipal maturity
date, and shall not be payable in installmental and each such
Bond shall have a principal maturity date corresponding to the
due date of the installment of principal or portion thereof for
which the substitute Bond is being exchangedi and each such
Bond shall bear interest at the single rate applicable to and
borne by such installment of principal or portion thereof for
which it is being exchanged. If a portion of any Bond (other
than the Initial Bond) shall be redeemed prior to its scheduled
maturity as provided herein, a substitute Bond or Bonds having
the same maturity date, bearing interest at the same rate, in
the denomination or denominations of any integral multiple of
$5,000 at the request of the registered owner, and in aggregate
principal amount equal to the unredeemed portion thereof, will
be issued to the registered ou-nor upon surrender thersof for
cancellation, If any Bond or portion thereof (other than the
Initial Bond) is assigned and transferred or converted, each
Bond issued in exchange therefor shall have the same principal
maturity date and bear interest at the same rate as the Bond
for which it is being ex;hanged. Each substitute Bond shall
bear a letter and/or number to distinguish it from each other
Bond, The Paying Agent/Registrar shall convert and exchange or
replace Bonds an provided herein, and each fully registered
bond delivered in conversion of and exchange for or replacement
of any Bond or portion thereof as permitted or required by any
provision of this Ordinance shall constitute one of the Bonds
for all purposes of this Ordinance, and may again be converted
and exchanged or repLaeed, it is specifically provided that
any Bond authenticated in conversion of and exchange for or
replacement of another Bond on or prior to the first scheduled
Record Data for the :initial )fond shall bear interest from the
data of the Initial Bond, but each substitute Bond so authenti-
cated after such first scheduled Record Date shall bear inter-
est from the interest payment date next preceding the date on
which such substitute Bond was so authent4^ated, unless such
Bond is authenticated after any Record Date but on or before
the next following interest payment date, in which case it
shall bear interest from such next following interest payment
9
datsi provided, however, that if at the time of deliver'; of any
substitute Bond the interest on the Bond for which it is being
exchanged is due but has not been paid, then such Bold shall
bear interest from the date to which such interest has been
not required£ to boo and andishalldnotrsboo
to paid in ofullo rdinance Eto INITIAL
authenticated by the Paying Agent/Registrar, but on each
substitute Bond issued in conversion of and exchange for or
replacement of any Bond or bonds issued under this Ordinance
there shall be printed a certificate, in the form substantially
as fol.lowsi
'PAYING AQENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Bond has been issued
the
Bond a has been described tsued in
ace under f h this provisions s and of the that B this Ordinance
f
conversion of and exchange for or replacement of a bond, bonds,
or a portion of a bond or bonds of an issue which originally
of e Public Accounts of the State
was registered approved by by hComptrollerGeneral
of Texas,
TEXAS AMERICAN BANK/FORT WORTH, N.A.,
FORT WORTH, TEXAS
Paying Agent/Registrar
Dated By
Authorized pepresentat ve
An authorized representative of the Paying Agent/Registrar
shall, before the delivery of any such Bond, date and manually
sign the above Certificate, and no such Bond shall be deemed to
be issued or outstanding unless such Certificate is so ex-
ecutad. The Paying Agent/Registrar promptly shall cancel all
Bonds surrendered for conversion and exchange or replacement.
No additional ordinances, orders, or resolutions need be passed
or adopted by the governing body of the Issuer or any other
body or person so as to accomplish the foregoing conversion and
exchange or replacement of any Bond or portion thereof, anti the
Paying Agent/Registrar shall provide for the printing, execu.
tion, and delivery of the substitute Bonds in the manner
prescribed herein, and said Bonds shall be of type composition
printed on paper with itthographed or steel engraved borders of
customary weight arid strength, Pursuant to Vernon's Ann. Tex.
Civ. St. Art, 717k-6, and particularly Section 6 thereof, the
duty of conversion and exchange or replacement of Bonds as
aforesaid is hereby imposed upon the Paying Agent/Registrar,
and, upon the execution of the above 1-aying Agent/Registrar's
Authentication Certificate, the converted and exchanged or
replaced Bond shall be valid, incontestable, and enforceable in
the same manner and with the same effect as the Initial Bond
which originally was issued pursuant to this Ordinance, ap-
proved by the Attorney General, and registered by the
Comptroller of P•.iblic Accounts. The issuer shall pay the
Paying Agent/Registrar's standard or customary fees and charges
for transferring, converting, and exchanging any Bond or any
portion thereof, bus the one requesting any such transfer,
conversion, and 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 conversion and
exchange, The Paying Agent/Registrar shall not be required to
make any such conversion and exchange or replacement of Bonds
or any portion thereof l0 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 Bond or portion
10
thereof called for redemption prior to maturity, within 45 days
prior to its redemption date,
(e) In n r , All Bonds issued in conversion and
exchange or replacement of any other Bond or portion thereof,
(I) shall be issued in fully registered form, without interest
coupons, with the principal of and interest on such Bonds to be
payable only to the registered owners thereof, Iii) may be
redeemed prior to their scheduled maturities, WA) may be
transferred and assigned, (iv) may be converted and exohanged
for other Bonds, (v) shall have the characteristics, (vi) shall
be signed and sealed, and (vii) the principal of and interest
on the Bonds shall be payable, all as provided, and In the
manner required or indicated, in the PORN OF SUBSTITUTE BOND
set 0rth in this Ordinance,
(fl fie ment of Fees and C4~30s_, The Issuer hereby
covenants with the rsg a er3 owners-or the Bonds that it will
(i) pay the standard or customary fees and charges of the
Paying Agent/Registrar for its services with respect to the
payment of the principal of and interest on the Bonds, when
due, and (ii) pay the fees and ohargen of the Paying
Agent/Registrar for services with respect to the transfer of
registration of Bonds, and with respect to the conversion and
exchange of Bonds solely to the extent above provided in this
Ordinance,
(g) Substitute Paying A o:%t//Rsgist~rar, The Issuer
covenants with E he registered owners or tie Bonds that at all
times while the Bonds are outstanding the Issutir 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 Bonds under this Ordinance,
and that the Paying Agent/Registrar will be one entity. The
Issuer reserves the right to, and may, at its option, charge
the Paying Agent/Registrar upon not less 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 that the entity at sny
time acting as Paying Agent/Registrar (or its successor cy
merger, acquisition, or other method) should resign or other-
wise cease to act as such, the Issuer covenants that promptly
it will appoint a competent and legally qualified bank, trust
company, financial Institution, or other agency to act as
Paying Agent/Registrar under this Ordinance, Upon any chance
in the Paying Agent/Registrar, the previous Paying Agent/Regis-
trar promptly shall transfer and deliver the Registration a.oks
(or a copy thereof), along with all other pertinent books and
records relating to the Bonds, to the new Paying Agent/Regis-
trar designated and appointed by the Issuer. Upon any change
in the Paying Agent/Registrar, the Issuer promptly will cause a
written notice thereof to be sent by the new Paying Agent/Regi-
strar to each registered owner of the Bonds, by United States
Mail, first-class postage prepaid, which notice also shall give
the address of the new Paying Agent /Registrar, By accepting
the position and performing as such, each Paying Agent/Recis-
trar shall be deemed to have agreed to the provisions of this
Ordinance, and a certified copy of this Ordinance shall be
delivered to each Paying Agent/Registrar,
Section 7, FORM OF SUBSTITUTE BONDS, The form of all
Bonds issued in conversion and exchange or replacement of any
other Bond or portion thereof, including the form of Paying
Agent/Registrar's Certificate to be printed on each of such
Bonds, and the Form of Assigrunent to be printed on each of the
Bonds, shall be, respectively, substantially as follows, with
such appropriate variationa, omissions, or insertions as are
permitted or required by this Ordinance.
11
FORM OF SUBSTITUTE BOND
NO. UNITED STATES OF AMERICA PRINCIPAL AMOUNT
STATE OF TEXAS S
COUNTY OF DENTON
CITY OF DENTON UTILITY SYSTEM REVENUE BOND
SERIES 1984
INTEREST RATE MATURITY DATE CUSIP N0.
%
ON THE MATURITY DATE specified above the CITY OF DENTON,
in Denton County, Texas Ithe "Issuer"), being a a political
subdivision of the State of Texas, hereby promises to pay to
or to the registered assignee ereo a ter being hereinafter
called the "registered owner') the principal amount of
and to pay interest thereon from MARCH 1, 1984, to the maturity
date a date of redemption prior to
maturitye,cified above, or the
at the interest rate per annum specified abover with
interest being payable on DECEMBER It 1,?841 and semiannually on
each JUNE 1 and DECEMBER 1 thereafter, txoept that if the date
of authentication of this Bond is later .han NOVEMBER 15, 19840
such principal amount shall bear interest from the interest
payment date next preceding the date of authentication, unless
such date of authentication is after an,) Record Date (herein-
after defined) but on or before the ntAt following interest
payment date, in which case such principal amount shall bear
interest from such next following interest payment date,
THE PRINCIPAL OF AND INTEREST ON this Bond are payable in
lawful money of the United States of America, without exchange
or collection charges. The principal of this Bond shall be
paid to the registered owner hereof upon presentation and
surrender of this Bond at maturity or upon the date fixed for
its redemption prior to maturity, at the principal corporate
trust office of TEXAS AMERICAN BANK/FORT WORTH, N.A., FORT
WORTH, TEXAS, which is the "Paying Agent /Registrar" for this
Bond. The payment of interest on this Bond shall be made by
the Paying Agent/Registrar to the registered owner hereof on
each interest payment date by check or draft, dated as of such
interest payment date, drawn by the Paying Agent/Registrar on,
and payable solely from, funds of the Issuer required by the
resolution authorizing the issuance of the Bonds Itha "Bond
Ordinance") to be on deposit with the Paying Agent/Registrar
for such purpose as hereinafter providedt and such check or
draft shall be sent by the Paying Agent/Registrar by United
States Mail, first-class postage prepaid, on each such interest
payment date, to the registered owner hereof, at the address of
the registered owner, as it app,,ared on the 15th of the month
next preceding each such date (the "Record Date") on the
Registration Books kept by tt:a Paying Agent/ Registrar, as
hereinafter described, Any accrued interest due upon the
redemption of this Bond prior to maturity as provided herein
shall be paid to the registered owner at the principal corpor-
ate trust office of the Paying Agent/Registrar upon presen-
tation and surrender of this Bond for redemption and payment at
the principal corporate trust office of the Paying Agent/Regis-
trar. The Issuer covenants with the registered owner of this
Bond that on ^r before each principal payment date, interest
payment date, and accrued interest payment data for this Bond
it will make available to the Paying Agent/Registrar, from the
"Interest and Sinking Fund" created by the Bond ordinance, the
amounts required to provide for the payment, in immediately
12
available funds, of all principal of and interest on the Bonds,
when due,
IF THE DATE for the payment of the principal of or inter-
est on this Bond shall be a Saturday, Sunday, a legal holiday,
or a day on which banking institutions in the City where the
Paying Agent/Registrar is located are authorized by law or
executive order to close, then the date for such payment ihall
be the next succeeding day which is not such a Saturday;
Sunday, legal holiday, or day on which banking institutions are
authorized to olosei and payment on such date shall have the
same force and effect as if made on the original date payment
was due,
THIS BOND is one of an issue of Bonds initially dated
MARCH 11 1984, authorized In accordance with the Constitution
and laws of the State of Texas in the principal amount of
$1,000,000, FOR THE PURPOSE OF PROVIDING FUNDS TO IMPROVE THE
CITY'S UTILITY, SYSTEM, 03CH CONSISTS OF THE CITY'S COMBINED
WATERWORKS, SEWER, AND ELECTRIC LIGHT AND POWER SYSTEM.
ON DECEMBER 1, 19941 or on any interest payment date
thereafter, the Bonds of this Series may be redeemed prior to
their scheduled maturities, at the option of the Issuer, with
funds derived from any available and lawful source, as a whole,
or in part, and, if in part: the particular Bonds, or portions
thereof, to be redeemed shall be selected and designated by the
Issuer (provided that a portion of a Band may be redeemed only
in an integral multiple of $8,000), at the redemption price of
the par or principal amount thereof, plus accrued interest to
the date fixed for redemption,
AT LEAST 30 days prior to the date fixed for any redemp-
tion of Bonds or portions thereof prior to maturity a written
notice of such redemption shall be published onre in a finan-
cial publication, journal, or reporter of general circulation
among securities dealers in The Clty of New York, New York
(including, but not limited to, The Bond Buyer and The Wall
Street Journal), or in the State of Texas (including, but not
limited to, The Texas Bond Reporterl, Such notice also shall
be sent by the Paying Agent/Registrar by United States Mail,
first-class postage prepaid, not less than 30 days prior to the
date fixed for any such redemption, to the registered owner of
each Bond to be redeemed at its address as it appeared on the
44th day prior to such redemption date= provided, however, that
the failure, to send, mail, or receive such notice, ov any
defect therein or in the sending or mailing thereof, shall not
affect the validity or effectiveness of the proceedings for the
redemption of any Bond, 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 Bonds or portions there-
of. By 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 Bonds or portions
thereof which are to be so redeemed, plus accrued interest
thereon to the date fixed for redemption. If such written
notice of redemption is published and if due provision for such
payment is made, all as provided above, the Bonds 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 redemp-
tion, and they shale not be regarded as being outstanding
except for the right of the registered owner to receive the
redemption price plus accrued interest from the Paying Agent/-
Registrar out of the funds provided for such payment. If a
portion of any Bond shall be redeemed a substitute Bond or
Bonds having the same maturity date, bearing interest at the
13
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 unre-
deemed portion thereof, will be issued to the registered owner
uppon the surrender thereof for canoellation, at the expense of
tha Issuer, all as provided ln the Bond Ordinance,
THIS BOND OR ANY PORTION OR PORTIONS HJ: or IN ANY INTt-
ORAL MULTIP4Z OF $5,000 may be assigned and shall be trans-
ferred only in the Registration Books of the Issuer kept by the
Paying Agent/Registrar acting in the capacity of registrar for
the Bonds, upon the terms and conditions set forth in the Bond
Ordinance, Among other requirements for such assignment and
transfer, this Bond must be presented and surrendered to the
Paying Agent/Re istrarI together with proper instruments of
assignment, in form and with guarantee of signatures satisfac-
tory to the Paying Agent/ Registrar, evidencing assignment of
this Bond or any portion or portions hereof in any integral
multiple of $5400 to the assignee or assignees in whose name
or names this Bond. or any such portion or portions hereof is or
are to be transferred and registered, The form of Assignment
printed or endorsed on this Bond shall be executed by the
registered owner or its duly authorized att_+rney or represents-
tiva,to evidence the assignment hereof, A mew Bond or Bonds
payable to such assignee or assignees (which then will be the
new registered owner or owners of such new Bond or Bonds), ~r
to the previous registered owner in the case of the assignment
and transfer of only a portion of this Bond, may be delivered
by the Paying Agent/Registrar In conversion of and exchange for
this Bond, all in the form and manner as provided in the next
paragraph hereof for the conversion and exchange of other
Bonds, The Issuer shall pay the Paying Agent/Registrar's
standard or customary fees and charges for making such trans-
fer, but the one requesting such transfer shall pay any taxes
or other governmental charges required to be paid with respect
thereto, The Paying Agent/Registrar shall not be required to
make transfers of registration of this Bond or any portion
hereof (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, Ili) with respect ho any Bond or any portion thereof
called for redemption prior to maturity, within 45 days prior
to its redemption date, The registered owner of this Bond
shall be deemed and treated by the Issuer and the Paying
Agent/Registrar as the absolute owner hereof for all purposes,
including payment and discharge of liability upon this Bond to
the extent of such payment, and the Issuer and the Paying
Agent/Registrar shall not be affected by any notice to ti,e
contrary,
ALL BONDS OF THIS SERIES are issuable solely as fully
registered bonds, without interest coupons, in tho denomination
of any integral multiple of $5,000, As provided in the Bend
Ordinance, this Bond, ct any unredeemed portion hereof, may, at
the request of the registered owner or the assignee or as-
signees hereof, be converted Into and exchanged for a like
aggregate principal amo,int of fully registered bonds, without
interest coupons, payable to the appropriate registered owner,
assignee, or assignees, as the case may be, having the same
maturity date, and bearing interest at the same rats, In any
denomination or denominations in any integral multiple of
$5,000 as requested in writing by the appropriate registered
owner, asaignoe, or assignees, as the case may be, upon sur-
render of this Bond to the Paying Agent/Registrar, for cancella-
tion, all in accordance with the form and procedures set forth
in the Bond Ordinance, The Issuer shall pay the Paying
Agent/Registrar's standard or customary fees and charges for
transferring, converting, and exchanging any Bond or any
14
i
portion thereof, but the one requesting such transfer, conver-
sion, and exchange shall pay anyy taxes or governmental charges
required to be paid with resp= thereto as a condition prece-
dent to the exercise of such privilege of conversion and
exchange, The Paying Agent/Registrar shall not be required to
make any or :h conversion and exchange it) during the period
commencing with the close of business on any Record Oats and
ending with the opening of business on the next following
principal or interest payment date, or, Iii) with respect to
any Bond or 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 Bonds is
changed by the Issuer, resigns, or otherwise ceases to act as
such, the Issuer has covenanted in the Bond Ordinance that it
promptly will appoint a competent and legally qualified substi-
tute therefor, and promptly will cause written notice thereof
to be mailed eo the registered owners of the Bonds,
IT IS HEREBY certified, recited, and covenanted that this
Bond has been duly and validly authorized, issued, sold,and de-
liveredr that all acts, conditions, and things required or
proper to be performed, exist, and be done preoedent to or in
the authorization, issuance, and delivery of this Bond have
been performed, existed, and been done in accordance with law)
that this Bond is a special obligation of the Issuer, secured
by and payable, together with other bonds, from a first lien on
and pledge of the "Pledged Revenues", which include initially
the 'Net Revenues of the System", as such terms are defined in
the Bond Ordinance, with the system consisting of the City's
entire combined waterworks, sewer, and electric light and power
system.
THE ISSUER has reserved the right, subject to the restric-
tion stated in the Bond Ordinance, to issue Additional Bonds
payable from and secured by a first lien on and pledge of the
"Pledged Revenues" on a parity with this nand and series of
which it is a part,
THE REGISTERED OWNER hereof shall never have the right to
demand payment of this Bond or the interest hereon out of any
funds raised or to be raised by taxation or from any source
whatsoever other than specified in the Bond Ordinance,
BY BECOMING the registered owner of this Bond, the regis-
tered owner thereby acknowledges all of the terms and provi-
sions of the Bond Ordinance, agrees to be bound by such terms
and provisions, acknowledges that the Bond Ordinance is duly
recorded and available for inspection in the official minutes
and records of the governing body of the Issuer, and agrees
that the terms and provisions of this Bond and the Bond Ordi-
nance constitute a contract between each registered owner
hereof and the Issuer,
IN WITNESS WHEREOF, the Issuer has caused this Bond to be
signed with the facsimile signature of the Mayor of tte Issuer
and countersigned with the facsimile signature of the City
Secretary of the Issuer, and has caused the official seal of
the Issuer to be duly impressed, or placed in facsimile, on
this Bond,
(facsimile signature) (facsimile signature)
amity ecretary, y
City of Denton, Texas City of Denton, Texas
(CITY SEAL)
25
FORM OF PAYING AGENT/ REG,IMAR'S AUTN liTICATION CERTIFICAT>t
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Bond has been issued
under the provisions of the Bond Ordinance described on the
face of this Bondi and that this Band has been issued in
conversion of and exchange for or replacement of a bond, bonds,
or A portion of a bond or bonds of an issue which originally
was approved by the Attorney General of the state of Texas and
registered by the Comptroller of Public Accounts of the State
of Texas,
TEXAS AMERICAN SANK/FORT WORTH, N.A.,
FORT WORTH, TEXAS
Paying Agent/Registrar
Dated By
Authorized Representative
FORM OF ASSIGNKENTI
ASSIGNMENT
For value received, the undersigned registered owner of this
Bond, or duly authorized representative or attorney thereof,
hereby assigns this Bond to
(print or type the name and
address of the assignee and
any other relevant information)
and authorizes the Paying Agent/Registrar to transfer the
registration of this Bond in the Registration Books.
Dated
Registered Owner
The signature above is hereby verified as true and genuine,
Section 8, DEFINITIONS, As used in this Ordinance the
following terms shall have the meanings set forth below, unless
the text hereof specifically indicates otherwisei
(a) The terms "City" and "Issuer" shall mean the City of
Denton, in Denton County, Texas,
(b) The term "City Council" or "Council" shall mean the
governing body of the City.
(c) The term "Bonds" shall mean collectively the Initial
Bond as defined and described in Section 1 of this Ordinance
and all substitute bonds exchanged therefor as provided in this
Ordinance,
(d) The term "Parity Bonds" shall mean collectively (i)
the City of Denton Utility System Revenue Refunding Revenue
Bonds, Series 1983, authorized by ordinance passed on March 10,
1983 (the Series 1983 Bonds) and (ii) the Bonds,
16
(e) The term "Additional Bonds" shall mean the additional
parity revenue bonds which the City reserves the right to dsaue
in the future, in accordance with Section 25 of this Ordinance,
(f) The term "System" shall mean 11) the City's entire
existing waterworks and sewer system and the City s entire
existing electric light and power system, together with all
future extensions, improvements, enlargements, and additions
thereto, and all replacements thereof, and (2) any other
related facilities, all or any part of the revenues or income
from which do, in the future, at the option of the City, and in
accordance with law, become "Pledged Revenues" as hereinafter
defined) provided that, notwithstanding the foregoing, and to
the extent now or hereafter authorized or permitted by law, the
term System shall not mean any water, sewer, electric, or other
facilities of any kind which are declared not to be a part of
the System, and which are acquired or constructed by the City
with the proceeds from the issuance of "Special Facilities
Bonds", which are hereby defined as being special revenue
obligations of the City which are not payable from or secured
by any Pledged Revenues, but which are secured by and payable
from liens on and pledges of any other revenues, sources, or
payments, Including, but not limlted to, special contract
revenues or payments received from any other legal entity in
connection with such faoilitiaei and such revenues, sources, or
payments shall not be oonaidered as or constitute Gross ReV-
enues of the System, unless and to the extent otherwise pro-
vided in the ordinance or ordinances authorizing the issuance
of such "Special Facilities Bonds".
(g) The terms "Gross Revenues of the System" and "Gross
Revenues" shall mean all revenues and income of every nature
derived or received by the City from the operation and owner-
ship of the System, including the interest income from the
investment or deposit of money in any Fund created by this
ordinance,
(h) The terms "Net Revenues of the System", and "Net
Revenues" shall mean all Gross Revenues after deducting there-
from an amount equal to the current expenses of operation and
maintenance of the System, including all salaries, labor,
materials, repairs, and extensions necessary to render effi-
cient service, provided, however, that only such repairs and
extensions, as in the judgment of the City Council, reasonably
and fairly exercised by the adoption of appropriate resolu-
tions, are necessary to keep the System in operation and render
adequate service to said City and the inhabitants thereof, or
such as might be necessary to meet some physical accident or
condition which would otherwise impair the Bonds or Additional
Bonds, shall be deducted in determining "Net Revenues",
Payments required to be made by the City for water supply or
water facilities, sewer services or sewer facilities, fuel
supply, and for the purchase of electric power, which payments
under law constitute operation and maintenance expenses of any
part of the System, shall constitute and be regarded as ex-
penses of operation and maintenance of :he System under this
Ordinance. Depreciation and amortizatioi shall not constitute
or be regarded as expenses of operation and maintenance of the
System,
(i1 The term "Pledged Revenues" shall mean
(1) the Net Revenues, plus
(2) any additional revenues, income, or other
resources which are expected to be available to the
City on a regular periodic basis, including, without
limitation, any grants, donations, or income received
17
or to be received from the United Stags Government, or
any other public or private souroe, whether pursuant
to an aggrooment or othYheorwise, which in the future may, at
theoptiAondofot4 Citinal plonddged to the payment of the
parity (j) The term "year" or "fiscal year" shall mean the
fiscal year used by the City in connection with the operation
of the gar
(k) The term "Government Obligations" shall moan direct
obligations of the United States of America including obliga-
tions the principal of and interest on which are uncondition-
ally guaranteed by thyye United States of America, which may be
may n be s in such boo&a its k-entry state form,nd Local
United Government t$6riss88and whichobligations
Section 9, PLEDGE. (a) The Donds are "Additional Bonds"
as permitted by Sections 24 and 25 of the ordinance passed on
March 10, 19830 authorizing the Series 1983 sondsi and'it is
hereby determined, declared, and resolved that the Bonds and
the Series 1983 Bonds (collectively the "Parity Bonds") are
secured and payable equally and ratably on a parity, and that
Sections 8 through28, of this Ordinance are supplemental to and
cumulative of sections 7 through 21 of the aforesaid ordinance
passed on March 1903, with ofSethe ctions thtyusond8 of this
Ordinance being applicable to a
(b} 'he Parity Bonds and any Additional Bonds, and the
Interest thereon, including any interest coupoha appertaining
thereto, are and shall be secured by and payable from a first
lien on and pledge of the Pledged Revenues, and the Pledged
Revenues are further pledged to the establishment and mainte-
nance of the Funds created by this Ordinance, and any Funds
created by any ordinance authorizing he issuanc(oof Bonds
Additional Bonds. 'The Parit)- Bonds and Y
real, personal, or mixed properties
ore denot ed of and trwill ust on t any secured
constituting the System.
Section 10. SYSTEM FUND, There heretofore has been and
is hereby created and there shall be established and maintained
on the books of the City, and accounted for separate and apart
Fund"),
the from "Call ity of other Denton Utility City, System Fund"a (the fund"to be entitled
All
ately Gross to the this Ordi-
nance, All current expenses of operation and maintenance of
the System shall be paid from such Gross Revenues credited to
g
the system any deposits uhereinafter first toe betmade efrom etheeSystem
Fund, the City shall retain In the System Fund at all times an
year one-sixth for thof the e currentu operation budgeted and for
amount at
culeast equal rrant fiscal to
the then
maintenance expenses of the System.
Section 11, INTEREST AND SINKING FUND. For the sole
purpose of paying the principal of and interest on all Parity
Bonds and Additional Bonds, there heretofore has been and is
eoks created of the and Citthere y, and shall accounted established for sparate maintained
and a
the b apart
from all other funds of the City, a separate fund to be en-
Inter-
titled
and t Sinking "City Fuof Denton nd" (the ",Interest y and m Sinking Revenue Fund").
est
Section 12, RESERVE FUND. There heretofore has been and
Worth,
initially acreated and there shall be t Texas American Bank/FortWoar bth, N, A,an Fort maintained l
ini
18
Texas, and thereafter, at the option of the City, established
and maintained at any time at any national bank having a
capital and surplusth in excess of 525,000,000, a separate fund
to be entitled e "City of Denton Utility System Sonde and
Additional Bonds Reserve Fund" (the "Reserve Fund"). The
Reserve Fund shall be used to pay the principal of and interest
on any Parity Bonds or Additional bonds when and to the extent
the amounts in the interest and Sinking Fund available for sue:i
paymont are insufficient for such purpose, and may be used for
the purpose of fin&lly retiring the last of any Parity Bonds or
Additional Bonds,
section 13. EXTENSION AND IMPROVEMENT FUND, There
heretofore has been and is hereby created and there shall be
established and maintained on the books of the City, and
accounted for separate and apart from all other funds of the
city, a separate fund to be entitled the "City of Denton
Utility System Extension and Improvement Fund" (the "Extension
and Improvement Fund"), The Extension and Improvement Fund
shall be used for the purpose of paying the costs of improve-
menta, enlargements, extensions, additions, replacements, or
other capital expenditures related to the System, or for paying
the costs of unexpected or extraordinary repairs or replace-
ments of the System for which System funds are not available,
or for paying unexpected or extraordinary expenses of operation
and maintenance of the System for which System funds are not
otherwise available, or for any other lawful purpose.
Section 14, EMERGENCY FUND. There is hereby created and
there shall be established and maintained on the books of the
City, and accounted for separate and apart from all other funds
of the City, a separate Eund to be entitled the "City of Oent:n
Utility System Emergency Fund" ;the "Emergency Fund"), The
Emergency Fund shall be used for the purpose of paying unex-
pected or extraordinary expenses of repair, replacement,
operation, and maintenance of the System for which neither
System funds nor the moneys in the Extension and Improvement
Fund are available, 'there was deposited in the Emergency Fund
simultaneously with the delivery of the Series 1983 Bonds to
the init.al purchasers thereof from lawfully available funds
the City the amount of $250,000. All investment interest
income from the Emergency Fund shall be transferred to the
System Fund as received,
Section 15. DEPOSITS OF PLEDGED REVENUES. Ple~,sed
Revenues shall be credited to or deposited In the Interest and
Sinking Fund, the Reserve Fund, the Extension and Improvement
Fund, and other funds when and as required by this Ordinance
and any ordinance authorizing the issuance of Additional Bonds,
Section 16, INVESTMENTS, Money in any Fund establishes
pursuant to this Ordinance or any ordinance authorizing the
issuance of Additional Bonds, may, at the option of the City,
be placed in time deposits or certificates of deposit secured
by obligations of the type hereinafter described, or be in-
vested in Government obligations (as defined in Section 8
hereof) or 0'51igations guarantied or insured by the United
States of America, which, in the opinion of the Attorney
General of the United States, are backed by its full faith and
credit or represent its general obligations, or invested in
obligations of instrt,mentalities of the United States of
America, including, but not limited to, evidences of indebted-
ness issued, insured, or guaranteed by such governmental
agencies as the Federal Land Banks, Federal Intermediate Credit
Banks, Banks for Cooperatives, Federal Home Loan Banks, Govern-
ment National Mortgage Association, United States Postal
Service, Farmers Home Administration, Federal Home Loan Mort-
gage Association, Small Business Administration, Federal
19
Housing Association, or participation Cep.,ificates in the
Faderal Assets Financing Trust? provided that all such deposits
and investments shall be made in such manner as will, in the
opinion of the City, permit the money required to be expended
f..lom any fund to be available at the proper time or times as
expeoted to be needed, Such investments (except united states
Treasury Obligations-State and Local Government Series
investments held in book entry form, which shall at all times
be valued at cost) shall be valued in terms of current market
value as of the last day of each fiscal year, Wass otherwise
set forth herein, all interest and income derived from such
deposits and investments immediately shall be credited to, and
any losses debited to, the Fund from which the deposit or
investment was made, and surpluses in any Fund shall or may be
disposed of as hereinafter provided. Such investments shall be
sold promptly when necessary to prevent any default in
connection with the Parity Bonds or Additional Bonds consistent
with the ordinances, respeotively, authorizing their issuance,
Section 17, FUNDS SECURED, That money in all Funds
created by this Ordinance, to the extent not invested, shall be
secured in the manner prescribed by law.
Section 18, PRIORITY OF DEPOSITS AND PAYMENTS FROM SYSTEM
FUND, That the City shall make the deposits and payments from
Pledged Revenues in the System Pund when and as required by
this Ordinance and any ordinance authorizing any Additional
Bonds, and such deposits shall be made in the following manner
and with the following irrevocable priorities, respectively,
First, to the Interest and Sinking Fund, when and In
the amounts required by this Ordinance and
any ordinance authorizing any Additional Bonds?
Second, to the Reserve Fund, when and In the Amounts
required by this Ordinance and any ordinance
authorizing any Additional Sondal and
Third, to the Extension and Improvement Fund, when
and as required by Section 21 of this Ordinance,
Section 19, INTEREST AND SINKING FUND REQUIREMENTS. The
City shall cause to be deposited to the c:-adit of the interest
and Sinking Fund the accrued interest and any premium received
:rom the sale of the Initial Bond, and on or before the 25th
day of each month the City shall cause to be deposited to the
credit of the Interest and Sinking Fund, in approximately equal
monthly payments, amounts sufficient, together with any other
funds on hand therein, to pay all of the interest or principal
and interest coming dme, including the principal amount of any
Parity Bonds required to be redeemed prior to maturity pursuant
to any mandatory redemption requirements, on the Parity Bonds
and any Additional Bonds on the next succeeding interest
payment date. Any moneys so deposited in the interest and
Sinking Fund with respect to a mandatory redemption require-
ment, together with other lawfully available funds of the City,
may be used by the City, to purchase, in advance of a mandatory
redemption date and at a price not exceeding the principal
amount thereof plus accrued interest thereon to the date of
purchase, Parity Bonds which would be subject to being chosen
for mandatory redemption on such mandatory radenption date,
The Paying Agent shall cancel any Parity Bonds so purchased.
Section e0. RESERVE FUND REQUIREMENTS. There is now on
hand in the Reserve Fund an amount of money and Government
Obligations equal to $3,000,000, The City shall maintain in
the Ressrve Fund an amount of money and investments equal to
the lesser of $3,000,000 or the maximum annual principal and
20
J
interest requirements of the Parlay Bonds (the "Required
be n squal to Additional s,
Ros*rvo lred t Reserve Following
Amount shall issuance
the Required
annual principal and interest requirements of all Parity Bonds
and Additional Bonds than outstanding) provided, however, the
Required Reserve Amount shall not be less than 83,000400, if
the maximum annual principal and interest requirements on all
Parity Bonds and Additional Bonds outstanding exceeds
53,000,000. After the delivery of any Additional Bonds the
City shall cause the Reserve Fund to be increased, if and to
the extent necessary, so that such fund will contain an amount
of miiney and investments equal to the Required Reserve Amount,
Any increase in the Required Reserve Amount may be funded frro
Pledged Revenues, or from proceeds from the sale of any Addi-
tional Bonds, or any other available source or combination of
sources, any
initially an part of the after Required Resee ooftanyt
funded installment or issue of Additional Bonds shall be funded,
within not more than five years from the date of such deliver},,
by deposits of Pledged Revenues in approximately equal monthly
installments on or before the 25th day of each month, Princi-
pal amounts of the Parity Bonds and any Additional Bonds which
pursuant must be redeemed t
tion requirements shall be deeoedatolbe applicable mandatory eofJ
principal for the purpose of calculating principal and interest
requirements on such bonds, When and so long as the amount in
the Reserve Fund is not less than the Required Reserve Amount
no deposits shall be made to the credit of the Reserve Fund)
but when and if the Reserve Fund at any time contains lees than
the Required Reserve Amount, then the City shall transfer from
Pledged Revenues in tte System Fund, and deposit tb the credit
of the Reserve Fund, moltthly on or before the 25th day of each
month, a sum equal to 1/60th of the Requ.tred Reserve Amount,
until the Reserve Fund is restored to the Required Reserve
Amount, The City specifically covenants that when and su long
as the Reserve Fund contains the Required Reserve Amount, the
City shall cause all interest and income derived from the
deposit or investment of the Reserve Fund to be deposited to
the credit of the Interest and Sinking Fund,
Section 21, EXTENSION AND IMPROVEMENT FUND REQUIREME\:S,
During each year, subject and subordin,ite to making the re-
quired deposits to the credit of the Interest and Sinking Fund
and the Reserve Fund, the City shall be required to deposit to
the credit of the Extension and Improvem6n. Fund, from Pledged
Revenues in the System Fund, an amount equal to 8% of the
"Adjusted Gross Revenues of the system', which term is hereby
defined to mean the followings
the Grose Revenues of the System for such year after
deducting from such Gross Revenues an arcount equal to
the current expenses of operation and maintenance of
the System for such year which are directly attribut-
able to M all fuel costs related to the production
of electric energy by the Clty and/or 1111 the pur-
chase of electric enet~,, by the city.
Additional excess Ple.r,,: Row.-ies may, at the option of the
City Council, be day. it., to +he credit of the Improvement
Fund as permitted by t.. „ 2' (b) hereof, but no such addi-
tional deposit is re,,ir c1. All investment interest inc"e
from the Extension ana :.rvement Fund shall be retained in
and remain a part of such Fund,
Section 22. DEFICIENCIES; EXCESS PLEDGED REVENUES, fat
If on any occasion there shall not be sufficient Pledged
Revenues to make the required deposits into the interest and
Sinking Fund or the Reserve Fund, such deficiency shall be made
21
up as soon as possible from the next available Pledged Rev-
enues,
of theavarsyuseFunds whennandhasrrequired bpyyothis Ordinance ort
any ordinance authorizing the issuance of Additional Bonds, any
surplus Pledged Revenues may be used by the City for any lawful
purpose,
on or Wore June tAyhM4 and semiannually on ADDITIONAL
before Beach
December 1 and June 1 thereafter while any of the Parity bonds
or Additional Bonds are outstanding and unpaid the City shall
mays available to the Paying Agents therefor, out of the
iPtsrest and Sinking Fund, or it necessary, out of the Reserve
Fund, money sufficient to pay, on each of such dates, the
principal of and interest on the Parity Bonds and Additional
bonds as the same matures and comes due, or to redeem the
Parity Bonds or Additional Bonds prior to maturityy, either upon the Cit . At the
direction of thetCltyothetPahing Age ns of shall either deliver
paid Parity Bonds and Addityional Bonds, and any interest
couppoons appertaining thereto, to the City or destroy all paid
thereto, end itio
chen City wnds ith and an
an appropri pate certificateg
of cancellation or destruction,
Section 24, FINAL DEPOSITS, (a) Any Parity Bond or
Additional Bond shall be deemed to be paid, retired, and no
longer outstanding within the meaning of this 'Ordinance when
payment of thn principal of, redemption premium, if any, on
such Parity Bond or Additional Bond, plus interest thereon to
the due date thereof (whether such due date be by reason of
maturity, upon redemption, or otherwise) either (i) shall have
been made or caused to be made in accordance with the terms
thereof (including the giving of any required notice of redemp-
tion or provision for the proper giving of such notice having
been made), or (i1) shall have been provided by irrevocably
depositing with or making available to a Paying Agent therefor,
in trust and irrevocably set aside exclusively for such pay-
ment, (1) money sufficient to make such payment or (21 Govern-
ment Obligations which mature as to principal and interest in
such amounts and at such times as will insure the availability,
without reinvestment, of sufficient money to make such payment,
and all necessary and proper fees, compensation, and expenses
of such Paying Agent pertaining to the Parity Bonds and Addi-
tional Bonds with respect to which such deposit is made shall
have been paid or the payment thereof provided for to the
satisfaction of such paying agent. At such time as a Bond or
Additional Bond shall be deemed to be paid hereunder, as
aforesaid, it shall no longer be secured by or entitled to the
Pledged sRevenuess, ands shall be entitled to payment ledge from
such money or Government Obligations, y
the rirect on ofnethe sCitypalsoe be sinvested lin Governmentat
Obligations, maturing in the amounts and times as hereinbofore
set forth, and all income from all Government Obligations in
the hands of the paying agent pursuant to this Section which is
not required for the payment of the Parity Bonds and Additional
Bonds, the redemption premium, if any, and interest thereon,
with respect to which such money has been so deposited, shall
be turned over to the City or deposited as directed by the
Ci.y,
Section 25. ADDITIONAL BONDS. (a) The City shall have
the right and power at any time and from time to time, and in
22
one or afore aeries or issues, to authorise, issue, and deliver
additional parity revenue bonds (herein called "Additional
Bonds"), in accordance with law, in any amounts, for any lawful
purpose, including the refundinq.of any Parity Bonds or Addi-
tional Bonds, or other obligations, Such Additional Bonds, if
and when authorized, issued, and delivered in accordance with
this Ordinance, shall be payable from and secured by an lrrev-
ooable first lien on and pledge of the Pledged Revenues,
equally and ratably on a parity In all respects with the Parity
Bonds and any other outstanding Additional Bonds,
(b) The principal of all Additional Bonds must be
scheduled to be paid or mature on December 1 of the years in
which such principal is scheduled to be paid or mature,
Section 26, FURTHER REQUIREMENTS FOR ADDITIONAL BONDS.
Additional Bonds shall be Issued only in accordance with this
Ordinance, and no installment, Series, or issue of Additional
Bonds shall be issued or delivered un.lessi
(a) The Mayor of the City and the City Seoretary sign a
written certificate to the effect that the City is not In
default as to any covenant, condition, or obligation in connec-
tion with all then outstanding Parity Bonds and Additional
Bonds, and the ordinances Authorizing same, and that the
Interest and Sinking Fund and the Reserve Fund each contains
the amount then required to be therein.
(b) An independent certified public accountant, or in-
dependent firm of certified public accountants; acting by and
through a certified public accountant, signs a written certifi-
cate to the effect that, in his or its opinion, during either
the next preceding fiscal year, or any twelve consecutive
calendar month period out of the 18-month period immediately
preceding the month in which the ordinance authorizing the
issuance of the then proposed Additional Bonds is passed, the
Pledged Revenues were at least (1) 1,25 times an amount equal
to the average annual principal and interest requirements, and
(11) 1,10 times an amount equal to the principal and interest
requirements during the fiscal year during which such require-
ments are scheduled to be the greatest, of all Parity Bonds and
Additional Bonds which are scheduled to be outstanding after
the delivery of the then proposed Additional Bonds, It is
0410 fieally provided, however, that in calculating the amount
of Pledged Revenues for the purposes of this subsection (b), if
there has been any increase in the rates or charges for ser-
vices of the System which is then in effect, but which was not
in effect during all or any part of the entire period for which
the Pledged Revenues are being calculated (hereinafter referred
to as the "entire period") then the certified public account-
ant, or In lieu of the certified public accountant a firm of
consulting engineers, shall determine and certify the amount of
Pledged Revenues as being the total of (i) the actual Pledged
Revenues for the entire period, plus (ii) a sum equal to the
aggregate amount by which the actual billings to customers of
the System during the entire period would have been increased
if such increased rates or charges had been in effect during
the entire period.
(c) Provision shall be made in the ordinance authorizing
their issuance for increasing the Reserve Fund to the Required
Reserve Amount as required by Section 20 hereof,
(e) All calculations of average annual principal and
interest requirements of any bonds made in connection with the
issuance of any then proposed Additional Bonds shall be made a3
of the date of such Additional Sondsl and also in making
calculations for such purpose, and for any other purpose under
21
must be
this Ordinance, prinoipal amounts of any bonds whice mandatory
redeemed prior to maturitursuant to any app
otdprincipalequirements sy pl be deemed to be maturing amounts of such bonds,
Section 27. OBNCRAL COVENANTS. The City further cove-
nants required and or pees that b in laccordance with and to the extent
(a) erfo man e, It will faithfully pperform at all times
any and al covsna , undertakings, stipulations, and provi-
sions contained in this Ordinance, and each ordinance authoriz-
ing the issuance of Additional Bonds and in each and every
Parity Bond and Additional Bondi that it will promptly pay or
cause to be paid the principal of and interest on every Parity
Bond and Additional Bond, on the dates and in the places ornd
manner prescribed in such ordinances and Parity Bonds
1 Additional Bonder and that it will, at the times and in the
manner prescribed, deposit or cause to be deposited the amounts
required to be deposited into the interest and Sinking Fund and
the Reserve Fundi and any holder of the Parity Bonds or Addi-
tional Bonds may require the City, its officials, and am-
ploy0080 to carry out, respect, or enforce the covenants and
obligations of this Ordinance, or any ordinanoe authorizing the
but0without limitation the Buse 5anda,
issuance of equi including speAdcdiiftionalically,Bond
filing of mandamus proceedings, in any court of competent
jurisdiction, against the City, its officials, and employees.
(b) City-1 s Le al Authorlt, The City is'a duly created
and existing ome ru e c ty o the State of Texas, and is duly
authorized under the laws of the State of Texas to create and
issue the Parity Bonds and Additional eondaj that all action on
its has been orrwithe ll beedunndd fissitance fectivelyftathe ken aand that tsald
be vala handy ly enforceable holdevs and owners
obligations
special obligationsroffthee of the and
City in accordance with their terms,
lcl Title.
gse sCity has or tructures I andlfaobtain cilitiesw constituting
the lands, bui din
the system, that it warrants that it will defend the title to
of e the a holdersl anes,
all the everypart aforesaid thereof, for buildings, the benefit structures,
and
c aims and t demands t of Bons and all persons Additional whonsoever, that iittishe
lawfully qualified to pledge the Pledged Revenues to the the m
prescribed herein; and Bonds s lawand fully iexercised Bonds in rights,anner
(d) Liens, The City will from time to time and before
the same assess-
ments, and become governmen al cha gesndifiany, whichlshtaxeso all be slaw.
all
fully
lawfuli claims 4 rn reit, nts,r royalties, labor, imaterialsay and the Systamp that supplies which if unpaid might by law become a lien or
charge
thereon, the lien of which would be prior to or interfere witn
the lions hereof, so that the priority the tmannernprovidedd
hereunder shall be fully preserved
herein, and that it will not create or suffer to be created any mat whichnmigh* orbcoullds,be priorlonthe lionshhereof,~ or doaore
suffer any matter or thing whereby the liens hereof might or
could obe imairedi r charge) andprovided,
that e no suchv claims which 8 might a be used s
mant as
the b or i charge,shall mechanic be required r' to be paid l o n long o as other
lien
24
validity of the same shall be contested in good faith by the
city,
(el a f S st No r•s j vi , While the
Parit Bonds or any Additional Bonds ronding and un aid
the City shall continuously and efficiently operate the Sys~em,
and shall maintain the System in good condition, repair, and
working order, all at reasonable cost. No free service of the
System shall be allowed, and should the City or any of its
agencies, instrumentalities, lessors, or concessionaires make
use of the services and facilities of the System, payment
month lyy of the standard retail price of the services provided
shall ba made by the City or any of its agenoies, instrumen-
talities !.essors, or concessionaires out of funds from sources
other the„ the revenues of the System, unless made from surplus
Pledged Revenues as permitted by Section 22(b) hereof,
(f) F rther Fnc rance, While the Parity Bonds or any
Additional on s are ou standing and unpaid, the City shall not
additionally encumber the Pledged Revenues in any manner,
except as permitted in this Ordinance in connection with
Additional Bonds, unless said encumbrance is made junior and
subordinate in all respects to the liens, pledges, covenants,
and agreements of this Ordinance and any ordinance authorizing
the issuance of Additional Bondst but the right of the City to
issue revenue bonds payable from a subordinate lien on surplus
Pledged Revenues is specifically recognized and retained, as
permitted under Section 22(b) hereof),
(g) Sale or Disposal of Property, While the Parity Bonds
or any Ad t ona on s are outstanding and unpaid, the City
shall not sell, convoy, mortgage, encumber, lease, or in any
manner transfer title to, or dedicate to other use, or other-
wise dispose o£, the system, or any significant or substantial
part thereoft provided that whenever the City deems it neces-
sary to dispose of any property, machinery, fixtures, or
equipment, or dedicate such property to other use, it may do so
either when it has made arrangements to replace the same or
provide substitutes therefor, or it Is determined by resolution
of the City Council that no such replacement or substitute As
necessary,
(h) Insurance, (1) The City shall cause to be insured
such parts of Eh; System as would usually be insured by corpor-
ations operating like properties, with a responsible insurance
company or companies, against risks, accidents, or caraalties
against which and to the extent insurance Is usually carried by
corporations operating like properties, including, to the
extant reasonably obtainable, fire and extended coverage
insurance, insurance against damage by floods, and use and
occupancy Insurance, Public liability and property damage
insurance also shall be carried unless the City Attorney gives
a written opinion to the effect that the City is not liable for
claims which would be protected by such insurancn, All insur-
ance premiums shall be paid as an expense of operation of the
s stem, At any time while any contractor engaged in construc-
tion work shall be fully responsitble therefor, the City shall
not be required to carry insurance on the work being con-
structed if the contractor is required to carry appropriate
insurance, All such policies shall be open to the inspection
of the Bondholders and their ropresen-atives at all reasonable
times. Upon the happening of any look or damage covered by
insurance from one or more of said causts, the City shall make
due proof of loss and shall do all things necessary or desir-
able to cause the insuring companies to make payment in full
directly to the City. The proceeds of insurance covering such
property, together with any other funds necessary and available
for such purpose, shall be used forthwith by the City !or
25
re,xlrin9 the property damaged or replacing the property
destroyeel provided, however, that if said insurance proceeds
and other funds are insufficient for such purpose, then said
insuranoe proceeds pertaining to the System shall be deposited
in a special and separate trust fund, at an official depository
of the City, to be designated the Insurance Account, The
Insurance Account shall be held until such time as other funds
become available whioh, together with the Insurance Account,
will be suffioient to make the repairs or replacements origin-
ally required,
(2) The annual audit hereinafter required may contain a
section commenting on whether or not the City has 3omplied with
the requirements of this Section with respect to the mainte-
nance of insurance* and shall state whether or not all insur-
ance premiums upon the insurance policies to which reference is
made have been paid.
(i) Annual B d t and Rate Cov na t. The City shall
prepare, prior o the beginning o sac iscal year, an annual
budget, in accordance with law, reflecting an estimate of cash
receipts and disbursements for the ensuing fiscal year in
sufficient detail to indicate the probable dross Revenues and
Pledged Revenues for such fiscal year. The City shall fix,
establish, maintain, and collect, such rates, charges, and fees
for the use and availability of the System at all times as are
necessary (1) to produce Oross Revenues sufficient, together
with any other Pledged Revenues, to pay all current operation
and maintenance expenses of the System, and (2) to produce an
amount of Pledged Revenues during each fiscal'year at least
equal to the greater of 1.25 times the average annual principal
and interest requirements of all then outstanding Parity Bonds
and Additional Bonds or 1.25 times the succeeding fiscal year's
principal and interest requirements of all then outstanding
Parity Bonds and Additional Bonds,
(i) Records, The City shall keep proper books of record
and accounT-which full, true, proper, and correct entries
will be made of all dealings, activities, and transactions
relating to the System, the Pledged Revenues, and the Funds
created pursuant to this ordinance, and all books, documents,
and vouchers relating thereto shall at all reasonable times be
made available for inspection upon request of any Bondholder or
citi2en of the City. To the extent consistent with the provi-
sions of this Ordinance, the City shall keep its books and
records in a manner conforming to standard accounting practice
as usually would be followed by private corporations owning and
operating a similar System, with appropriate recognition being
given to essential differences between municipal and corporate
accounting practices,
(k) Audits, After the close of each fiscal year while
any of the Pariey Bonds or any Additional Bonds are outstand-
ing, an audit will be made of the books and accounts relating
to the System and the Pledged Revenues by an Independent
certified public accountant or an independent firm of certified
public accountants, As soon as practicable after the close of
each such year, and when raid audit has been completed and made
available to the City, a copy of such audit for the preceding
year shall be mailed to the Municipal Advisory Council of
Texas, to each paying agent for any bonds payable from Pledged
Revenues, and to any Bondholders who shall so request in
writing, The annual audit reports shall be open to the inspec-
tion of the Bondholders and their agents and representatives at
all reasonable times.
(1) Governmental ~A~en~ci_e_s_, it will comply with all of
the terms and con t ondi-i- shy and all. franchises, permits,
26
and authorizations applicable to or necessary with respect to
the System, and which have been obtained from any governmental
agrncyi and the City has or will obtain and keep in full force
and effect all franchises, permits, authorization, and other
requirements applicable to or necessary with respect to the
acquisition, construction, equipment, operation, and mainte-
nanoe of the System,
(m) No Cogtjittqja it will not operate, or grant any
franchise r, t a extent it Legally may, permit the
acquisitions constructions or operation of, any facilities
which would be in competition with the System, and to the
extent that it legally may, the city will prohibit any such
competing faciliti•s
,
(n) N Arbitrage, The City covenants to and with the
purchasers o the Parity Bonds and any Additional Bonds that no
use will be made of the proceeds of any of such bonds at any
time throughout the term of any of such bonds which, it such
use had been reasonably expected on the date of delivery of any
of such bonds to and payment therefor by the purchasers, would
have caused any of such bonds to be arbitrage bonds within the
meaning of Section 103(d) 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
requirements 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 all such bonds will not otherwise be used directly
W or indirectly so as to cause all or any part of such bonds to
be or become arbitrage bonds within the meaning of the afore-
said Section 103(0), or any regulations pertaining thereto,
Section 28, AMENDMENT OF ORDINANCE, (a) The holders or
owners of Parity Bonda and Additional Bonds aggregating in
principal amount 51% of the aggregate principal amount of, then
outstanding Parity Bonds and Additional Bonds shall have the
right from time to time to approve any amendment to this
Ordinance which may be deemed necessary or desirable by the
City, provided, however, that nothing herein contained shall
permit or be construed to permit the amendment of the terms and
conditions in this Ordinance or in the Parity Bonds or Addi-
tional Bonds so as to,
(1) Make any change in the maturity of the out-
standing Parity Bonds or Additional Bonda,
(2) Reduce the rate of interest borne by any of
the outstanding Parity Bonds or Additional Bondsl
(3) Reduce the amount of the principal payable
on the outstanding Parity Bonds or Additional Bonds,
(4) Modify the terms of payment of principal
of or interest on the outstanding Parity Bonds or Addi-
tional Bonds, or impose any conditions with respect to
such payment,
(5) Affect the rights of the holders or owners of
less than all of the Parity Bonds and Additional Bonds
then outstanding,
(6) Change the minimum percentage of the prin-
cipal amount of Parity Bonds and Additional Bonds neces-
sary tot consent to such amendment,
(b) It at any time the City shall desire to amend the
Ordinance under this Section, the City shall cause notice of
27
t
the proposed amendment to be published in a financial
ppublication of general circulation in The City of New York, NOW
York, onoe during each calendar week for at leant two lucce-
saive oalendar weeks. Such notice shall briefly set forth the
nature of the proposed amendment and shall state that a copy
thereof is on file at the pprincipal office of the Payin Agents
for inspection by all holdera or owners of Parity Bonds and
Additional Bonds. Svoh publication is not required, however,
it notice in writing is liven to each holder or owner of Parity
Bonds and Additional Honda.
(c) Whenever at any time not less than thirty days, and
within one year, from the data of the first publication of said
notice or other service of written notice the City shall
receive an instrument or instruments executed by the holders or
owners of at least 51% in aggregate principal amount of all
Parity Bonds and Additional Bonds then outstanding, which
instrument or instruments shall refer to the proposed amendment
described in said notice and which specifically consent to and
a prove such amendment in substantially the form of the copy
thereof on file with the Payinq Agents, the City Council may
pass the amendatory ordinance in substantially the same fora.
(d) Upon the passage of any amendatory ordinance pursuant
to the provisions of this section, this Ordinance shall be
deemed to be amended in accordance with such amendatory ordi-
nance, and the respeotive rights, duties, and obligations under
this Ordinance of the City, and all the holders or owners of
then outstanding Parity Bonds and Additional Bonds and all
future Parity Bonds and Additional Bonds shall thereafter be
determined, exercised, and enforced hereunder, subject in all
respects to such amendments.
(e) Any consent given by the holder or owner of a Parity
Band or Additional Bond pursuant to the provisions of this
Section shall be irrevocable for a 'period of six months from
the date of the first publication of the notice provided for in
this Section, and shall be conclusive and binding upon all
future holders or owners of the same Parity Bond or Additional
Bond during such period, Such consent may be revoked at any
time after six months from the date of the first publication of
such notice by the holder or owner who gave such consent, or by
a successor in title, by filing notice thereof with the paying
agents and the City, but such revocation shall not be effective
if the holders or owners of 51l in aggregate principal amount
of the then outstanding Parity Bonds and Additional Bonds as in
this Section defined have, prior to the attempted revocation,
consented to, and approved the amendment,
(f) For the purpose of this Section, the fact of the
holding of Parity Bonds or Additional Bonds which are in
bearer, coupon form, by any bondholder and the amount and
numbers of such bearer Parity Bonds or Additional Bonds and the
data of their holding same, may be proved by the affidavit cf
the person claiming to be such holder or owner, or by a certi-
ficate executed by any trust company, bank, banker, or any
other depository wherever situated showing that at the date
therein mentioned such person had on deposit with such trust
company, bank, banker, or other depository, the Parity Bonds
and Additional Bonds described in such certificate, The City
may conclusively assume that such ownership continues until
written notice to the contrary is served upon the City. The
ownership of all registered Parity Bonds and Additional Bonds
shall be determined from the registration books kept by the
registrar therefor.
Section 29, DAMAGED, MUTILATED, LOST, STOLEN, On DE-
STROYED BONDS, (a) Replacement. Bonds, In the event any
28
outstanding sand is damaged, mutilated. lost, stolen, or
destroyed, the Paying Agent/Registrar shall cause to be
printed, executed, and delivered, a new bond of the same
principal aawunt, maturity, and interest rate, as the damaged,
mutilated, lost, atolun, or destroyed Bond, in replacement for
such bond in the manner hereinafter provided,
(b) Application for RRe semen Bon s, Application for
replacement or Tamaggea, T 7a e , s , stolen, or destroyed
Bonds shall be made by the registered owner thereof to the
Paying Agent /Registrar. In every case of loss, theft, or
destruction of a Bond, the registered owner applying for a
replacement bond shall furnish to the Issuer and to the Paying
Agent/Registrar such security or indemnity as may be required
by them to save each of them harmless from any loss or damage
with respact thereto, Also, in every case of lose, theft, or
destruction of A Bond, the registered owner shall furnish to
the Issuer and to the Paying Agent/Registrar evidence to their
satisfaction of the loss, theft, or destruction of such Bond,
as the case may be, In every case of damage or mutilation of a
Bond, the registered owner shall surrender to the Paying
Agent/Registrar for cancellation the Bond so damaged or muti-
lated,
(c) No Default Occurred, Notwithstanding the foregoing
provisions o t s sot on, in the event any such Bond shall
have matured, and no default has occurred which is then con-
tinuing in the payment of the prineSpal of, redemption premium,
if any, or interest on the Bond, the Issuer may authorize the
payment of the same (without surrender thereof except in the
case of a damaged or mutilated Bond) instead of issuing a
replacement Bond, provided security or indemnity is furnished
as above provided in this Section,
(d) Charge (;)r I su~i~ng_Re laoement Bonds. Prior to the
issuance o a mention , the Paying Agent/Registrar
shall charge the registered owner of such Bond with all legal,
printing, and other expanses in connection therewith, Every
replacement bond issued pursuant to the provisions of this
Section by virtue of the fact that any Bond is lost, stolen, or
destroyed shall constitute a contractual obligation of tha
Issuer whether or not the lost, stolen, or destroyed Bond shall
be found at any time, or be enforceable by anyone, and shall be
entitled to all the benefits of this Ordinance equally and
proportionately with any and all other Bonds duly issued under
this Ordinance,
(a) Issuer for IssusAnln Re laeement Bonds, In accordance
with Section o arson n, ex, v, t, Art, 717k-6, this
Section of this Ordinance shall constitute authority for the
issuance of any such replacement bond without necessity of
further action by the governing body of the Issuer or any other
body or person, and the duty of the replacement of such bonds
is hereby authorized and imposed upon the Paying Agent/Regis-
trar,. and the Paying Agent/Registrar shall authenticate and
deliver such Bonds in the form and manner and with the effect,
as provided in Section 6(d) of this Ordinance for Bonds issued
in conversion and exchange for other Bonds.
Section 30, CUSTODY, APPROVAL, AND REGISTRATION OF BONDSI
BOND COUNSEL'S OPINION, AND CUSIP NUMBERS, The Mayor of the
Issuer is hereby authorized to have control of the Initial Bond
issued hereunder and all necessary records and proceedings
pertaining to the Initial Bond pending its delivery and its
investigation, examination, and approval by the Attorney
General of the State of Texas, and its registration by the
Comptroller of Public Accounts of the State of Texas. Upon
registration of the Initial Bond said Comptroller of Public
29
Accounts for A deputy designated in writing to act for said
Camp troller) shall manually sign the Comptroller's Registration
Certificate on the Initial Bond, and the $eal of said
Comptroller shall be impressed, or placed in facsimile, on the
initial bond, The approving legal opinion of the Issuer's Bond
Counsel and the assigned CVSrp numbers may, at the option of
the Issuer, be printed on the initial bond or on any parity
Bonds issued and delivered in conversion of and exchange or
replacement of any Bond, but neither shall have any legal
effect, and shall be solely for the convenience and information
of the registered owners of the Bonds.
Section 31. SALE OF INITIAL BOND, The Initial Bond is
hereby sold and shall be delivered to
for cash for the par va us thereof and
accru Interest ereon to date of delivery, plus a premium of
S It is hereby officially found, determined, and
dec are AL the Initial Bond has been sold at public sale to
the bidder offering the lowest interest cost, afte,receiving
sealed bids pursuant to an official Notice of Sale and Bidding
rnstructions and Official Statement dated January 311 1904,
prepared and distributed in connection with thu sale of the
Initial Bond, Said Official Notice of Sale and Siddinqq rn-
structions and official Statement, and any addenda, supplement,
or amendment thereto have been and are hereby approved by the
Issuer, and their use in the offer and sale of the Bonds is
hereby approved, It is further officially found, determined,
and declared that the statements and representations contained
in said Official Notice of Sale and official Statement are true
and correct in all material respects, to the bist knowledge and
belief of the City Council and the Issuer,
Section 32. FURTHER PROCEDURES, The Mayor of the Issuer,
the City Secretary Secretary of the Issuer, and all other
officers, P -ployess, and agents of the Issuer, and each of
them, shall to and they are hereby expressly authorized,
empowered, and directed from time to time and at any time to do
and perform all such acts and things and to execute, acknowl-
edge, and deliver in the name and under the corporate seal and
on behalf of the Issues all such instruments, whether or not
herein mentioned, as may be necessary or desirable in order to
carry out the terms and provisions of this Bond Ordinance, the
Bonds, the sale of the Bonds, and the Notice of Sale and
Official Statement, In case any officer whose signature shall
appear on any Bond shall cease to be such officer before tine
delivery of such Bond, such signature shall nevertheless be
valid and sufficient for all purposes the same as if such
officer had remained in office until such delivery,
30
L
1' s9 '
,v01 ,
AN ORDINANCE AMENDING ART1CLb l'/ OF APPUNOIX 8 TO THE 0006 OF
URDINA+NCES OF TH4 CITY OF DhhrON, 'MUS, $Y ADDING A NEW SBCTION
"N" TO SAID ARTICLE; SXSMPTING PUBLIC PARKS FROM THE SICK
RESTRICTIONS OF SAID ARTICLE AND 08CLARING A+N dFFbCT1V8 OA'I81
THE COUNCIL OF THE CITY OF DENTON HERESY ORUAINS:
PART II
That, Article 17 of Appendix 8 to the Code of Ordinances of
the City of Denton, Texas, is hereby amended by adding a new
Section 'IN'* to read as follows:
N. The provisions of this Article shall not apply to
advertising signs located or proposed to be located
in public parks owned and operated by the City of
Denton and specifically permitted by the City Council
in accordance with Section 15.5, Chapter 15, of the
Code of Ordinances of the City,-of Denton, Texas,
PART 11
That this ordinance shall become effective Immediately upon
i
its passaga and approval,
AICWD 0, 7 Y , 1
CITY OF DENTON, TEXAS
r
ATTEST:"
CITY OF DENTON,,TEXAS a
APPROVED AS TO LEGAL FORM:
C, J. TAYLOR, JR1, CITY ATTORNEY
CITY OF DENTON, TEXAS
By
t'
NO,
AN ORDINANCE PROVIDING FOR THE ADANDONHENT OF A PORTION OF A
TRACT OF LAND DEDICATED FOR UTILITY AND STREET RIGHT-OF-WAY
WITHIN THE CITY OF DENTON AND AUTHORI200 THE MAYOR TO EXECUTE A
D;
CITY WITCLAIM SAID LAND mTOYITHE OWNER OF THE TADJACENTI TRACT OF OF ANTHE
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Taxes
acting pursuant to law, and upon the request and petition of the
grantee herein, deems it advisable to abandon and convey the
hereinafter described tract of land to grantee and is of the
opinion that said portion of land is not needed for public use
and that same should be abandoned and quitclaimed to Dr. Fred
Tillis,
WHEREAS, the City Council of the City of Denton is of the
opinion that the beat interest and welfare of the public will be
sarv}d by abandoning and conveying the same to Dr. Fred Tillis,
for the consideration hareinlter more fully set forth; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
That the following describes tract of land in the City of
Denton, Texas be and the same is hereby abandoned, vacated and
closed insofar as the right, title and interest of the public
are cencernedi
All that certain tract or parcel of land situated in the C.
Poullalier Survey, Abstract No. 1007 Denton County, Teas,
being part of the right-of-way of Teasey Lane as shown on the
plat of Teasley Mall Subdivision to the City of Denton as shown
by the plat recorded in Volume 12, Page 45, Plat Records of said
County, and being more fully described as follows;
B'ECINNINO at the southeast corner of said Lot 10 B1oak A of
Teasley Hall Subdivision;
THENCE north 1°16'06" east with the east boundary ling of Lot 1
a distance of 76.31 feet to an iron pin at the beginning of a
curve;
THENCE with a curve to the left having a central angle of
89°56'49" a radius of 25.0 feet a chord of north 43 42'18"
west 35.34 feet, an are distance of 39.25 feet to an iron pin on
the south boundary line of Londonderry Lane;
THENCE south 88°40'43" east with the south boundary line of
Londonderry Lane a distance of 20.0 feet to an iron pin at the
beginning of a curve;
THENCE with a curve to the right having a central angle of
89°56'49, a radius of 25.0 feet, a chord distance of south
43°42'18 east 35.34 feet, an arc distance of 39.25 feet to an
iron pin being 45 feet from and at right angles to the center
line of Teasley Lane;
~ ° 6 d2
I
THENCE south 1°16'06" west 45 feet from and parallel to the
oenterline of Teasley Lane a distance of 76.52 feet to an iron
pin;
THENCE north 88°04'28" west a distance of 20.0 feet to the point
of beginning and containing 0.0465 acre of land.
STECTI ON, 11,
That the Mayor and City Secretary are hereby authorized to
execute and deliver that certain quitclaim deed attached hereto
and incorporated herein conveying said tract of land described
therein to Dr. Fred Tillis.
SECTION III.
That portion of the tract of land herein described being
vacated I. abandoned, and closed is made subject to all existing
zoning regulations and dead restrictions, if airy, and subject to
all existing easement rights of others, if any, whether apparent
or not.
SECTION IV.
This ordinance shall take affect and be in full force and
effect from and after the date of its passage, and it Ls so
ordained.
PASSED AND APPROVED this the day of , 1484.
RWHARD Q. k , KAYUR
CITY OF DENTON, TEXAS
ATTEST:
CITY OF DENTON,,TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR JR., CITY ATTORNEY
CITY OF DENTbN, TEXAS
BY:
TKE STATE OF TEXAS, ( mow ALL UN BY THESE PRWWT$i
COUIrY OF DENTON
Thu The City of Denton, Texas, a Municipal Corporation i~
of the County of Den ton and State of Texas for and in 04oaidW14:104 of
ti,a sum of
ail
~ a
-------....-TEN AND NO/100 ($10,00) Dol"A B,
Ali to it in hand paid by Dr, Fred Tillis
i' of the County of Denton and State of Texas , the reeetgk of whieh
Is hereby aoltnowledred, do, by these presents, BARGAM SELL, RELEASE, AND FOREVER
QMT CLAM unto the Bald Dr, Fred Tills, his
I
noire wd wsigos, all its right title and interest in and to that cartels tract or par, q{
I Cal of land lying in the County of Denton and State of Tau, described Y follows,
j.
'I town: 011 that certain tract or parcel of land situated is the C.
Poullalier Survey, Abstract No, 1007, Denton County, Texas, being part
ii of the right-of-way of Teasley Lane as shown on the plat of Teasley
II Mall Subdivision to the City of Denton as shown by the plat recorded
in Volunst 12, Page 45, Plat Records of said County, and being more
fullyy described as follows: If
BEOINNINO at the southeast corner of said Lot Is Block A of
Teasley Mall Subdivision;
THENCE north 1°16'06" east with the east boundary line of Lot 1 a III
distance of 76,31 feet to an iron pin at the beginning of a ourve;
THENCE with a curve to the left having a central angle of
89°56'49", a radius of 25.0 feet, a chord of north 43042'18' west
35,34 feet an are distance of 39,25 feet to an iron pin on the south
boundary, line of Londonderry Lane;
THEN03 south 88040'43' east with the south boundary line of
i Londonderty Lane a distance of 20,0 fact to an iron pin at the
i beginning of a curve; J's
THENCE with a curve to the right having a central anlla 0E
89°56'49" a radius of 25.0 feet, a chord distance of south 43 42118"
east 35,34 feet, an are distance of •39,25 feet to an iron pin being 45 ;
foot from and at right angles to the center line of Teasley Lanf; ~I
THENCE south 1°16'06" west 45 feet from and parallel to the
centerline of Teasley Lane a distance of 76.5" feet to an iron pin;
THENCE north 88'04'28" west a distance 20.0 feet to the point
of beginning and containing 0.0465 acre of la:i.i.
j;`
I1 TO HAVE AND TO SOLD the said premises, together with all and singular the Hrhts, privi. 1
14 leges and appurtenances thereto in any manner belonging unto the said Dr, Fred Til:is
qq i,
his heirs and ast;r,u, forever, so that neither tbs said
I; City of Denton, Texas, a Municipal Corporation, its successors
nor xS"W any person or persoas claiming under it shell, at any tlme bereaftar,
have, clalm or demand any right or title to the aforesaid premises or appurtenances, or any part there.
of.
"'MNESS our hand at Denton, Texas this
day of February AID, 1084
Witnesses at Request of Grantor: r ?rY.9~ DEyT9~_T.]it3S-- -
ATTEST: BY:
RICHARD 0. STEWART, MAYOR
~~HARLOTTE)AREA EN -CITY-'S£CRER.
AN ORDIONANCE D ROVIDING 0 ~O Gj LITY ANND STREET P RIOHf O1- VAY
WITHIN THE CITY OF DENTON AND AVTHORIZING THE MAYOR TO EXECUTE A
CITY qUITCLAIM SAID ELAND OE SHE OWNER OF THE ADJACENT Or SLAND; AND
DECLARING AN EFFECTIVE'DATE.
WHEREAS, the City Council of the City of Denton, Texas acting
pursuant to law, and upon the request and petition of the grantee
herein, deems it advisable to abandon and convey the hereinafter
that deco,
saidripo tioaaof bated ais not needed ford public uiie anopinio
should be,abandoned and quitclaimed to C. W. Belcher, at ux.
WHEREAS, the City Council of the City of Denton is of the
servedn by that the thefsameototE. pub Bel hart be
Tux for R the consideration hareinfter more fu1Yy seat forth; ~OW,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS;
SECTION I.
That the following described tract of land in the City of
Denton, Texas be and the same is hereby abandoned, vacated and
closed insofar as the right, title and interest of the public are
coacernedi
All that certain tract or parosl of land that is situated in the
Alex Robertson Addition to the City of Denton, said addition
being situated in the A. Hill Survey, Abstract No. 623, Denton
antract or d being morecfully®describedrasi followsi
Count, d dioat Said
BEGINNING at the northwest corner of the intersection of Ruth
Street and Cook (Ross)
oookC (Ross) Street 4 a 11 di east tance along 50 the west 00 feet to right-iron of-waynline ns of
Co
to south an iron right-in pof-way line of
utCStreet south a 8 distance of s 204,01 along feet the
Ruth
'eet s aalo iron he west end of Ruth Street a
THENCE north distance of 50 .00 f pin;
inning
RuthCStreetha8distance oft204 Ol f etntottheipointf of aybegline of
and containing 10199.1 square feet of land.
the City
portion of his otract of landl6' utility easement
aEXCEPT
SAVE
SECTION 11.
That the Mayor and City Secretary are herrby authorized to
execute and deliver that certain quitclaim deed attached hereto
Q-6 3
and inoorporated herein conveying said tract of lat:d described
therein to E, w, Belcher, at ux.
SECTION III.'
That portion of the tract of land herein described being
vacated, abandoned, and closed is made subject to all o istia
zoning reggulations and deed restrictions, ix any, and sub 'act to
all exiating easement rights of others, LE any, whether apparent
or not.
SECTION IV.
This ordinance shall take effect and be in full force and
effect from and after the data of its passage, and it is so
ordained,
PASSED AND APPROVED this the day of , 1964.
CITY OF DENTON, TEXAS
ATTEST:
CHARLOTTE ALLEN, CITY SECKLIARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR JR., CITY ATTORNEY
CITY OF DENTbN, TEXAS
r
BY:
THE STATE OF TEXAS,
c mow AU MEN BY TUM P1bF~9E1V'I~31
That The City Of Denton, Texas, a Municipal Corporation
~I of 11144 County of Denton and State of Taxes for end is conelderatiott of
the sum of
-------TEN AND N01100 ($10,00) ---------------------DOLLARS,
ai
to it in hand paid by E. W. Belcher, at ux
of the County of Denton and State of Texas the rMis of whteh
Is hereby atknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER ! {
;i Qt= CLAIbf utto the sold E. tP. Belcher, at ux, their
heirs and uslgns, aU its right title and interest In and to that certain tract or pea.
W of land lying in the County of Denton and State of Taus, described as follows,
r;
to•witl All that certain tract or parcel of land that is situated
~f in the Alex (tobertson Addition to the City of Denton, said addition
being situated in the A. Hill Survey, Abstract No. 623, Denton County,
Texas, said tract or parcel being A portion of Ruth Street as
!III dedicated and being more fully described as followai 1
BEOH INO at the northwest corner of the intersection of Ruth
Street and Cook (Ross) Street;
THENCE south 0°4'47" east along the west right-of-way line of Cook j.
(Ross) Street a distance of 50.00 feet to an iron pin;
THENCE south 88°5614" west along the south right-o£-way line of
Ruth Street a distance of 204.01 feet to an iron pin; 4
r~! THENCE north 0°5'0" west along the west and of Ruth Street a
I distance of 5040 feet to an iron pin; I;
h THENCE north 88°56'14" east along the north right-of-way line of tr.
Ruth Street a distance of 204.01 feet to the point of beginning and
containing 10199.1 square feet of land. ?'I
SAVE AND EXCEPT tho City of Denton retains a 16' utility easement i?
across the north portion of this tract of land, '
i
l
' TO HAVE AND TO HOLD the said premlets, together with all and singular the rights, privi.
I
3 leges and appurtenances thereto in any manner belonging unto the said E- W, Belcher, et ux,
their heirs and assig,,% forever, so the', neither the slid
the city of Denton, Texa.s, a municipal Corporation, its successors
nor beittgom any person or parsons claiming under it shall, at any time hereafter,
have, claim or demand any right or title to the afortsald premises or appurtenances, or any part there-
of.
tVrMESS our hand at Denton, Texas this
day of February A. D. 19 8 1
Witnesses at Request of Grantor; CITY OF DENTON, TEXAS
ATTEST; BY:
RICHARD 0. STE%ART, MAYOR
__CHX',RS~O."1"E~~Fis't~CF'CY-SECRETARY
!t e +
N0.
AN ORDINANCE SETTING A DATE, TIME AND PLACE ON THE PROPOSED
ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TEXAS, AND
AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH
PUBLIC HEARING,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS,
SECTION 1.
On the day of 1984, at 7100 o'clock P,
M. In they Council Chambers o Me Municipal Building of the
City of Denton, Texas, the City Council will hold a public hearing
giving all interested persons the right to appear and be heard on
the proposed annexation by th- City of Denton, Texas of tht
property described below,
on the day of 1984, at 7100 o'clock
P.M. in the Z`i~ty Council Member o t e Municipal Building of the
City of Denton, Texas, the City Council will hold a public hearing
giving all interested persons the right to appear and be heard on
the proposed annexation by the City of Denton, Texas of the
following described property, to-wit,
All that certain tract or parcel of land lying and being situated
in the County of Denton, State of Texas and being part of the 0,
Brewster Survey, Abstract No. 56 and the D, Daugherty Survey,
Abstract No, 351 and being more particularly described as followsr
BEGINNING at a point in the present city limits, said point lying
at the intersection of the west boundary line of the tract
described in Ordinance No. 69-40, Tract II with the southeast
corner of the tract described in Ordinance No. 80-$6, said point
also lying 500 feet west of and perpendicular to the centerlLne of
I.H. 34-w;
THENCE south 20150'12" west along said present city limits as
establish,id by Ordinance No, 69-40 and $00 feet west of and
parallel with the centerline of I,H, 35-W, passing at 1427,62 feet
the south boundary line of a tract described in deed recorded in
Volume 725, Page 365, same being the north boundary line of a
tract described in deed recorder', in Volume 725, Page 310 of the
Deed Records of Denton County, Texas and continuing for a total
distance of 1676.17 feet to,a point for a corners
THENCE south 26°51'40" west along said present city limits and 500
feet west of the canterlir;e of I.H. 35-w, a distance of 1603,49
feet to a point for a corner in an east and west road, same being
the south boundary line of said tract;
THENCE south 89155' west in said road, same being the south
boundary line of said tract a distance of 406.14 feet to a point
for a corner, same being the southwest corner of said tract;
THENCE north 0°33'45" east along the west, boundary line of said
tract a distance of 1670.98 feet to a point for a corner, same
being the northwest corner of said tract described in de9d
recorded in Volume 725, Page 370, said point also being the
southwest corner of said tract described in deed recorded in
Volume 725, Page 365;
PAGE ONE
THENCE north 2042` east along the west boundary line of said tract
a distance of 1322474 test to a point for a corner in the present
city limits, said point being the southwest corner of the tract
described in Ordinance No. 80»67)
THENCE south 89'49' east along said present city limits, passing
at 866.80 feet the southeast corner of the tract described in
Ordinsncs No. 80-67 some being the southwest corner of the tract
described in Ordinance No. 80,56, and continuing for a tota).
distance of 1681.22 feet to the place of beginning and contalnins
75.21 acres of land, more or loss,
SECTION II.
The Mayor of the City of Denton, Texas, is hersbyl authorized
and directed to cause notice of ouch public hearing to be
published once in a newspaper having general oiroulation in the
City and in the above described territory not more than forty days
nor less than twenty days prior to the date of such public
hearing, all in accordance with the Municipal Annexation Act
(Article 970&, Vernon's Texas Civil Statutes).
SECTION 111,
This ordinance shall be in full force and offect immediately j
following its passage and approval,
PASSED AND APPROVED this the day of 1984.
i
RICHARD 0, i
, KXYO
CITY OF DENTON, TEXAS
ATTEST,
CHARLOTTE ALLEN, CIT7 SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM,
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
SY,
PAGE TWO
NOTI OF PUBLIC HEAR NU ON CONTEMLATZO ANNEXATION
NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THATi
The City of Denton, Taxes, propposes to institute annexation
proceedings to alter the boundary Iimits of said City to add the
following described territory to the corporate limits of the city
of Denton, to-wits
All that certain tract or parcel of land lying and being situated
in the County of Denton, State of Texas and. being part of the 0.
Brewster survey, Abstract No, 56 and the D, Daugherty Survey,
Abstract No. 357 and being more particularly described as followsi
BEGINNING at a point in the present city limits, said'point lying
at the intersection of the west boundary line of the tract
described in Ordinance No. 69-40, Tract II with the southeast
corner of the tract described in Ordinance No. 80-56, said point
also lying 500 feet west of and perpendicular to the centerline of
I.N. 35-Ws
THL'NCE sou':h 20'50'12" west along said present city limits as
established by Ordinance No. 69-40 and 500 feet west of and
parallel with the oentsrline of I.H. 35-W, passing at 1427,62 feet
the south boundary line of a tract described in deed recorded in
Volume 725, Page 365, same being the north boundary line of a
tract described in deed recorded in Volume 725, Page 370 'of the
Deed Aecords of Denton County, Texas and continuing for a total
distance of 1676:'17 feet to a point for a cornea
THENCE south 26'51'40" west along said present city limits and 500
feet west of the centerline of I,H. 35-W, a distance of 160$,49
feet to a point for a corner in an east and west road, same being
the south boundary line of said tracts
THENCE south 89'55' west in said road, same being the couch
boundary line of said tract a distance of 406,14 feet to a point
for a corner, same being the southwest corner of said tracts
THENCE north 0'33'45" east along the west boundary line of said
tract a distance of 1670.98 feet to a point for a corner, same
being the northwest corner of said tract described in deed
recorded in Volume 725, Page 370, said point also being the
southwest corner of said tract described in deed recorded in
Volume 725, Page 3651
THENCE north 2'42' 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, said point being the southwest corner of the trace
described in Ordinance No, 80-67:
THENCE sout{s 89'49' east along said present city limits, passing
at 868.80 feet the southeast corner of the tract described in
Ordinance No. 80-67 same being the southwest corner of the tract
described in Ordinance No. 80-56, and continuing for a total
distance of 1681.22 feet to the place of beginning and containing
75.21 acres of land, more ol: less.
A Public Hearing will be held by and before the City Council
of the City of Denton, Texas, on the day of , '
1984, at 7100 o'alock P. M. in the C tf y Council Chambers of-77e
Municipal Building of the City of Denton, Texas, for all persons
interested in the above proposed annexation. At said time and
place all such persons shall 'nave the right to appear and be
heard. of all said matters and things, all persons interested in
the things and matters herein mentioned, will take notice.
NOTICE-PAGE ONE
A Public Nearing will be hold by and betor* the City Council
of the City of Denton, Texas, on. the day of
1984, at 7100 o'clock P, M. in the Crc-y%ouncil am e o the
Municipal Building of the City of Denton, Texas, for all persons
interested in the above proposed annexation, At said time and
place 411 such persons shall have the right to appear and be
heard. Of all said matters and things, all persons interested in
the things and matters herein montioned,' will take notice.
CITY OF DENTON, TEXAS
ATTESTt
CHARLOTTE SECFMTA!kY
NOTICE-PAGE TWO
Z•1645
ANNEXATION SCHEDULE
February 13, 1954 Submit Agenda Item
February 14, 1984 Submit Agenda Backup
* February 21, 1984 City council sets Date,
Time and Place for
Public Hearings
February 29, 1984 Notice to Denton Record
Chronicle
March 2, 1984 Publish Notice
March 5, 1984 Submit Agenda Item
march 6, 1984 Submit Agenda Backup
* March 13, 1984 City Council Holds Public
Hearing
March 7, 1984 Notice to Denton Record
Chronicle
March 9, 1984 Publish Notice
March 12, 1984 Submit Agenda Item
March 13, 1984 Submit Agenda Backup
* March 20, 1984 City Countil. Holds Public
Hearing
April 20 1984 Submit Agenda Item
April 3, 1984 Submit Agenda Backup
* April 10, 1984 Special Called Meeting of
City Council to Institute
Annexation Proceedings
April 11, 1984 Ordinance to Denton
Record Chronicle
April 13, 1984 Publish Ordinance
May 7, 1984 Submit Agenda Item
May 8, 1984 Submit Agenda Backup
May 15, 1984 Final Action by City
Council
* City Council Action
0245a
NO,~
AN ORDINANCE SETTING A DATE, TIME AND PLACE ON THE PROPOSED
ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TEXAS, AND
AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH
PUBLIC HEARING,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSI
SECTION I.
On the day of 1984, at 7:00 o'clock
P. M. in thi~fEy Counci am er$ o the Municipal Building of
the City of Denton, Texas, the City Council will hold a public
hearing giving all interested persons the right to appear and be
heard on the proposed annexation by the City of Denton, Texas of
the property described below,
On the day of 1984, at 700 o'clock
P.M. in tha=t y Council am er o the Munioipal Building of
the City of Denton, Texas, the City Council will hold a public
hearing giving all intorested persons the right to appear and be
heard on the proposed annexation by the City of Denton, Texas of
the following described property, to-wits
All that certain tract or pareal of lard lying and being
situated in the County of Denton, State of Texas, being part of
the H. H. Haygood Survey, Abstract No, 517 and the Wm, Hudson
Survey, Abstract No. 586 and more particularly described as
follows;
BEGINNING at a point in the present city limits as established
by Ordinance No. 69-40, Tract 111, said point lying 500 feet
east of and perpendicular to the centerline of U. S, Highway 377
and in the north boundary line 0 the said Hudson survey, same
being the south boundary line of the said Haygood Survey,
THENCE north 28'09'10" east, 500 feet east of and parallel with
the centerline of said Highway 377 a distance of 2476,73 feet to
a point for a corner in the east boundary line of a tract
conveyed to Dr, Joe W, Rhoades by deed recorded in Volume 639,
Page 486 of the Deed Records of Denton County, Texas,
THENCE south 0'48'30" west along the east boundary line of said
tract a distance of 526.18 feet to a point for a corner,
THENCE south 86'58'43" east a distance of 27.84 feet to a point
for a corner;
THENCE south 0456'04" west a distance of 1392,23 feet to a point
for a cornerr
THENCE south 77'14'30" west a distance of 1195.78 feet to the
place of beginning and containing 75.99 acres of land, more or
less.
SECTION II.
The Mayor of the City of Denton, Texas, is hereby authorized
and directed to cause notice of such public hearing to bo
published once in a newspaper having general circulation in the
City and in the above described territory not more than forty
days nor less than twenty days prior to the date of such public
hearing, all in accordance with the Municipal Annexation Act
(Article 970a, Vernon's Texas Civil statutes).
PAGE ONC
i
i
SECTION III,
This ordinance shall be in full force and affect immediately
following its passage and approval,
PASSE) AND APPROVED this the day of 1984,
RICHARD Q. TrrWKAT-,-MXM
CITY OF DENTON, TEXAS
,
ATTESTi
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORMI
C, J. TAYLOR, JR., „ CITY ATTORNEY
CITY OF DENTON, TEXAS
BY i
PAGE TWO
NOTICE Or PUBLIC HEARING ON CONTEMPLATED ANNE TIO
NOTICE 13 HUSBY GIVEN TO ALL 10TERSSTED PERSONS THATi
The City of Denton, Texas, proposes to institute annexation
proceedings to alter the boundary limits of said City to add the
following deeoribed territory to the corporate limits of the City
ak Denton, to-wits
All that certain tract or parcel of land lying and being situated
in the County of Denton, State of Texas, being part of the H, H.
Haygood Survey, Abstract No. 517 and the Wm, Hudson Survey,
Abstract No, $86 and more particularly described as followas
BEGINNING at a point in the present city limits as established by
Ordinance No, 69-40, Tract III, said point lying $00 feet east of
and perpendicular to the centerline of U, 5, Highway 377 and in
the north boundary line of the said Hudson Survey, sas►e being the
south boundary :ins of the said Haygood Surveys
THENCE north 28'09110" east, 500 feet east of and parallel with
the centerline of said Highway 377 a'distance of 2476.73 feet to a
point for a corner in the east boundary line of a tract conveyed
to Dr. Joe W. Rhoades by deed recorded in Volume 639, Page 486 of
the Deed Records of Denton County, Tekasr
THENCE south 0'48130" west along the east boundary .line of said
tract a distance of 526.18 feet to a point for a corner)
THENCE south 86158'43" east a distance of 27.84 feet to a point
foi a cornerr
THENCE south 0'56'04" west a distance of 1392.23 feet to a point
for a corneri
THENCE south 77'14130" west a distance of 1195,78 feet to the
place of beginning and containing 25.99 acres of land, more or
leas.
A Public Hearing will be held by and before the City Council
Of the City of Denton, Texas, on the day of ,
1984, at 7100 o'clock P. M. in the C .t~ y council Chambers o the
Municipal Building of the City of Denton, Texas, for all persons
interested In the above proposed annexation. At said time and
place' all such persons shall have the right to appear 'and be
heard. Of all said matters and things, all persons interested in
tho things and matters herein mentioned, will take notice.
A Public Hearing will be held by and before the City Council
of the City of D.anton, Texas, on the day of ,
1984, at 7100 o'clock P. M. in the City Council C am er o the
Municipal Building of the City of Denton, Texas, for all persons
interested in the above proposed annexation. At said time and
place all such persons shall have the right to appear and be
heard. Of all said matters and things;, all persons interested in
the things and matters herein mentioned, will take notice,
RICHARD 0. STEWART, MAYO
CITY OF DENTON, TEXAS
ATTEST,
CnA kLOTTE ALLEN, CITY SECRETARY
PAGE SOLO
d411 r' p40' r !
• f,
P
7.1
r+ ~ i
sua,sreo.a r
aw\!, ""~"••1tfbu'!'1.3 0 t~ oo P j•eea,sr--+-QRVSirCetEl
Nea'ae'so•t
7zo
, I l ,4ti s a
•
I
~ i / / u ,lY\ ! \ ! e i
i j / ~ ' !I 11 ~f r L n
to r yn+ ,r ) 1
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. 61
n ~ rlr + I
7 ~e r b, r
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16
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00.• A 1 Y
1lb► 4.H1' ~ 1
G^] rY/J/ !
r)
Z-1641
NF.XATSON SCH DUY,F
__r_
February 13, 1984 Submit Agenda Item
February 14) 1984 Submit Agenda Backup
* February 21, 1984 City Council sets Date,
j Time, and Place for
Public Hearings
February 29, 1984 Notice to Denton Record
Chronicle
;;arch 2, 1984 Publish Notice
March 5, 1984 Submit Agenda Item
I-larch 6, 1984 Submit Agenda Backup
* March 13, 1984 City Council Holds Public
Hearing
March 7, 1984 Notice to Denton Record
Chronicle
plarch 9, 1984 Publish Notice
March 12, 1984 Submit Agenda Item
March 132 1984 Submit Agenda Backup
* March 20, 1984 City Countil Holds Public
Hearing
April 2; 1984 - Submit Agenda Item
April 3, 1984 Submit Agenda Backup
* April 10, 1984 Special Called Meeting of
City council to Institute
Annexation Proceedings
April 11, 1984 Ordinance to Denton
Record Chronicle
April 13, 1984 Publish ordinance
May 7, 1984 Submit Agenda Item
May 8, 1984 Submit Agenda Backup
flay 15, 1984 Final Action by City
Council
City Council Action
0245a
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
MEETING DATE: February 21, 1989
SUBJECT: Adoption of an ordinance and service plan
annexing approximately 175 acres of land
beginning at the existing City limit on the
north side of Highway 380 east.
SUMMARY: Adoption of the accompanying ordinance and
service plan will accomplish annexation of the
175 acre tract shown on the attached map.
ACTION REQUIRED: Adoption of the ordinance and service plan
(REQUIRES SIX (6) AFFIRMATIVE VOTES)
ALTERNATIVES: 1. Adoption of ordinance and service plan
2. Disapprove ordinance and service plan
3. Table to reduoe size of area to be annexed
RECOMMENDATION: The Planning and Zoning commission recommends
approval.
EXHIBITS: 1. Ordinance
2. Service Plin
3. Map
Charles Watkins
senior Planner
02268
gf
NO.
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO
THE CITY OF DENTON, TEXASI BEING ALL THAT LOT, TRACT OR PARCEL
OF LAND CONSISTING OF APPROXIMATELY 17S ACRES OF LAND LYING AND
BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING
PART OF THE W, DABBS SURVEY, ASST. NO. 318 AND THE J. WEST
SAME YAS ASST4 1331o "A" D DISTRICT UNPROPERTYAS jANDLADECLARING THE
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 an the _j.-' day of .Nc.e»+GPe", 1983, in
the Council Chambers for all interested persona to state their
views and present evidence bearing upon the annexation provided
by this ordinance) and
WHEREAS, an opportunity was jfforded, at a public hearing
held for that purpose on the dC day of _2,t e 0 jibcr, 1983, in
the Council Chambers for all interested persons to state their
views and present evidence bearing upon the annexation provided
by this ordinances 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 hearingst
NOW, TMEFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS,
HEREBY ORDAINSi
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 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 whicn may hereafter be 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-wits
All that certain lot, tract or parcel of land lying and being
of situated
W 1nDathe bbs County Of Abstto No State
328 andTthes,J anWestiSurvey,
Abst. No. 1331 and being more particularly described as follows
BEGINNING at a point in the present city limits, said city
limits being established by Ordinance No. 14.36 Tr, It, said
point lying 350 feet north of and perpendicular to the
center.-line of U,S. Highway 380 and in the east boundary line of
the W. DabbS Survey, Abst. No. 328, same being the west boundary
line of toe J. Williamson Survey, Abst, No, 1418)
THENCE north along said survey lines passing the nortneast
corner of said DaobS survey, same being the southeast corner of
the Said Wast survey ane continuing north passing the nortnwest
Corner of tr,e said Xiliiasson survey, sane ueing the soutnwest
corner of the Y„ Calvin survey, Acst. No. 306 ano continuing
north to a point for a corner, Said point lying 101560 ftot
north of and perpendicular to the said present city limitst
THENCE westerly 10,560 feet north of and parallel with the said
present city limits to a point for a corner in the east boundary
line of a tract of land conveyed to Ray Lynoh by coed and
recorded in Volume 871, Page 121, of the Deed Records of Denton
County, Texas)
THENCE south along the east boundary line of said Lynch tract to
a point for a corner, said point 1 ing 10,060 feet north of and
perpendicular to the said present city limitst
THENCE easterly 10,060 foot north of and parallel with said
present city limits to a point for a corner, said point lying
500 feet west of the east boundary line of said West survey,
same being the west boundary line of said Calvin survey)
THENCE south 500 test west of and parallel with said survey line
to a poet for a corner 'in said present city limits, said point
lying 3$0 feet north of and perpendicular to the centerline of
U.S. Highway 380;
THENCE easterly along said present city limits and 350 feet
north of and parallel with the centerline of U.S. Highway 380 to
the place of beginhing and containing 175 acres of land more or
less.
SECTION II,
The above described property is hereby classified as
Agricultural "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 efleetive immediately upon its
passage.
Introduced before the City Council on the 11th day of
October, 1983.
PASSED AND APPROVED by the City Council on tno~ day
of , 1984.
RICHARD TEWART, MAYOR
CITY OF DENTON, TEXAS
ATTEST;
CHARLOTTE ALLEN, CITY SSC ET
APPMED AS TO LEGAL FORDli
C. J. TAYLOR, 3R;, CITY ATTORNEY
CITY OF DENTON, TEXAS
I
1 PLAN OF SERVICE FOR ANNEXED AREA CITY OF DENTON, 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 installed
as the need therefore is established by appropriate
study and traffic standards,
S. 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.
U, 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 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, construct.i.on 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,
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,
1
1
Service Platt
Annexed Areas
Page three
Ij, MisceIlaneous
(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 CXP of the City consists of a five year plan that is up-
dated dearly, 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.
CITY OF DENTON
MEMORANDUM
DATE OF MEETING: February 21, 1984
CITY COUNCIL AGENDA ITEM (USE EXACT WORDING AS ITEM IS TO BE PLACED
ON AGENDA)
Revisions and additions to the Subdivision Ordinance
including: 0 riling of plats 2) Primary references 3)
Street costs and participation 4) Drainage - Street
capacities 5) Driveway culvert specifications.
SUMMARY:
The above are revisions or additions to the Subdivision
Ordinance #83-70. All are subjects that either further
protect public safety or clear up daily operational tasks.
FISCAL SUMMARY:
Items 1, 2 and 3 will have no cost to developers. Tn fact
they reduce developer costs.
Item 4 increases costs but not significantly enough for the
amount of public safety gained.
Item 5 establishes new specifications* that will cost
developers up front but will assuredly reduce liability if
vehicles run into the culvert end sections,
ACTION REQUIRED:
Approve the ordinance
ALTERNATIVES:
1) Amend the ordinance
2) Reject the ordinance
STAFF RECOMMENDATIONS:
Approve the ordinance
EX14TBITS ;
l.) Memo to Rick Svehla
2 Planning and Zoning minutes
3 DRC minutes
4 Ordinance.
GQCL^,k
C'►MYof WAFTON, rEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76241 / TELEPHONE (817) 566.8200
M E M O R A N D U M
TO: David Ellison, Director of Planning
FROM: Jerry Clark, Senior Civil Engineer
DATE: February 1, 1984
RE: Revision-Subdivision Regulations Ordinance 1183-70
Please include this ordinance revision on your Development
Review Committee agenda for February 7, and Planning and Zoning
agenda for February 8, 1984. If both bodies approve the
ordinance, it will be scheduled for City Council on February
21, 1984.
Section I - One change involves keeping the actual filing of
plats as the responsibility of our division. This insures
consistant filing of all plats as a different person doesn't
process each time.
Section II - The second change is clearing up a vague
description of what each plat should be referenced to a
right-of-way pin at an intersection provides a solid reference
while also allowing easy location of that tract from the
referenced City street.
Section III - City participation in extra width or depth
pavements now requires the developer to bid the work through
the Purchasing department each time. Our proposal would allow
the City to use fair market prices once properly ostablished
for a full 6 months. This will reduce or eliminate legal
problems that arise when developers forget to bid their
projects through the City or just want to use their favorite
contractor. All prices are based on comparable work. John
Marshall and I developed the procedure.
page 2 page 2
Section IV - The next item is the deduction of the depth of
flow for water in a residential street. Current standards
allow water to flow 4" above the to of curb. At a standard
grade of 1.0% this allows 54 cfs to flow in the street in a 10
year storm, This flow amounts to a small channel and could be
dangerous. Our proposed 2" over the curb allows only 30 cfs
which reduces the force of the water by one half, This
revision splits the difference between the old standard and the
existing one in effect. The revision also includes reducing
flows at the intersection down from 6" to 3". This is in the
same sphere of thinking as the street depth change.
Section V - Driveway culverts currently have no regulations.
The enclosed section fives a general standard that should
protect the City from lawsuits arising from cars running into
blunt ended culverts. This revision is in accordance with TDH
A PT policies.
The above are basic explanations for the ordinance revision.
Please advise if any further information is needed. Please
send this to engineers effected by the changes.
Je C1
Senor Civil Engineer
cc: Rick Svehla
enc: Ordinance
#0204E
Minutes
Development Review Committee
February 7, 1984
DRc Members Present: Jackie Doyle, David Kllison, Don McLaughlin,
Koorosh Olyai, Keats* Spivey, TOMm Stone, Tim
Fisher, Bob Hageman, and Pablo Rubio
XVII, Review of Proposed Subdivision Ordinance Changes.
A. Engineering
Approve of proposed ordinance changes.
B. Water and sewer
These changes appear to be an improvement to the existing
ordinance from an engineering perspective.
C. Electric
Approve of proposed ordinance change.
D. Building inspection
Approve of proposed ordinance change.
E. Transportation Engineering
Approve of proposed ordinance change.
F. Fire
Approve of proposed ordinance change.
G. Parks and Recreation
No representative from this department was present.
H. Lone Star Gas
No comment.
1. G.T.E.
No representative from this department was present.
J. Cox Cable
No representative from this department was present.
K. Planning and Community Development
Proposed changes are scheduled for Planning and Zoning
Commission meeting of February 8, 1984,
0010a
P a~ 4 Minutes
F'ouroar.y 8, 1y84
cage 4
(Unapproved) U. Consider an ordinance amending Appendix A to the Code of
UrdillallCes of the City of Du11LO110 Texas, k10wu and cited
as Lue Denton Development Code, uy amending Article Ii,
Crtapter 11, Article 1.03, relating to completion of filing
process for final plats; amunditig Article III, Chapter 111,
Article 3.060 Paragrapil B, Subparagraph (1) (c), relating
to references on lot of record map; amending Article Ill,
Chapter IV, Article 4, U3, paragraph (C), relating to method
of obtaining market pricey for City participation in street
cost's; amending Article 111, Chapter IV Articlu 4.15,
Paragvapit (b), subparagraphs (3) and (43, relating to per-
missible water spread limits and sLVeet cross flow for
residential and collector streets; amending Article III,
paragraph IV) Articlu 4.15 uy kidding a new pavagk.,apit (G)
trtereto, relating to k;Landards for end sections to drive-
way cuivurts; and ueclaring an effective date.
Me. LaForte asked for commetLs Lrom Like public seating.
Brian Burtce (Burke Engineering) came r:orward and sLateu he
felt that in Section IV Like 3" cliange is pretty rusLvic-
give, tike b" 1G much taoru ruaListic.
Greg Edwards (Fields) Edwards Engineering) stated the
reduction to 3" would ue mucli too costly to the duvelopers
to conform to this requiretaent,
Paulo Rubio explained ttte curb depth at present is 011) lie
continued to explain the difference between having water
running 4" (present maximulu allowed iu suudivision
regulations) over the top of the curb and 1" ovur ttLe top
of the cure (proposed change), lie stated that the force
of water could presunL a traffic safety problem. He had a
capacity cnarL wtlico Lie explained to Lhe commissioners
with regard to the water flow and force on the street as
it rustles downwards at different levels of depth at the
curb stating he felt this is a necessary chatlge.
Me. Pearson suggested lie would like01 to see a sLUdy of heel
increase in costs to the developers.
Dewey fteids (Engineer) stated tilLs type ot. change would
make new development in Denton very costly to Lue
developers and Lhey miont consider development clsew„ure.
Mr. LaForLe requested chaff staff put together a study of
ttte increase in cos L's to wee L' tkW proposed ytaildards for
We commission to Consider its sir, Pearson suggested.
ML'. tlubio continued to explain tee other sections which
tue Engineering Departweat is requesting to be revised in
Ordinance #83-7U,
No questions 01: comments were directed to Mr. Rubio with
regard to tee oLiter requests.
V & G Minutes '
February 8, 084
Page 5
Mr, .7uren made a motion to recommend denial of L11e Section
1V request, Mr. Puarsoo suconued.
Mr. Claiborne made a wotion to umead only Section IV, Mr.
Juren seconded. Votu was called, motion carried 6-U,
Vurtner discussion by commissioners as to tltu necessary
motion requirud.
Mr, Duren made a motion to recommend upprovol of Cue
requested Ruvislolls of Subdivision R gulations Ordinance
#b3-7Q wittl the exception of amending Article ill, Chapter
IV, Article 4.15, Yara8eapn (6), subparagrapplls (3) and
k4), relating; to permissible water spread limiLS and
street Cross flow fur residecltial and collector SLreets,
seconded by Mr. Pearson.
Mr. Sidor moved to amend tllu wotion to Lable Lue request.
Nnendment died for lack of a second, Vote was called,
motion carried 6-U.
NO.
AN OP•DINANCE AMENDING APPENDIX A TO THE CODE OF ORDINANCES OF
THE CITY FDENTON$ TEXAS NG KNOWN
ART CLE N 11, CITED AS
CHAP';ER II E ARDEON
TIC
DEVELOPMENT CODE, BY AMENDI LE
2.03 MATING TO COMPLETION OF FILING PROCESS Fop. FINAL PLATS;
S BPAPAORAPH ARTICLE III 1S1~LATING CWTER ITT
REYh NCESLON GOT s OFFFBCOROPMAP;
AMENDING ARTICLE III, CHAPTER IV ARTICLE 4.03, PARAGRAPH (C)
RELATINO TO METHOD OF OBTAINIk MARKET PRICKS FOR CITY
PARTICIPATION IN STREET COSTS; AMENDING ARTICLE III, CRAFTER IV,
ARTICLE 4.15 PARAGRAPH (B), SUBPARAGRAPHS (3) AND (4) RELATING
TO P£RMISSIBLE WATER SPREAD LIMITS AND STREET CROSS FLOW FOR
RESIDENTIAL AND COLLECTOR STREET'S; AMENDING ARTICLE 111,
PARAGRAPH IV, ARTICLE 4.15 BY ADDING A NEW PARAGRAPH (G) THEPETO
PELATING TO STANDARDS FOR END SECTIONS TO DRIVEWAY CULVEFTS; AND
DECI.ARING AN EFFECTIVE DATE.
THE COU*ICIL OF THE CITY OF DENTON HEREBY ORDAINSI
SECTION 1.
That Appendix A, Article II, Chapter II, Article 2.03 of the
Code of Ordinances of the City of Denton, Texas, heretofore
effective, is hereby amended to hereafter read as ';ollowac
"art, 1.03. Filing of plat.
After approval of the final plat by the planning and
zoning commission as outlined in Article III Chapter
III, the developer or his engineer shall submit to the
planning and community development department the
required number of copies for filing with the county
clerk. These copies shall bear all signatures but
those of the city officials, After signature by these
city officials, the City Engineer must complete the
filing process and return the required number of filed
copies to the planning and community development
department. Said copies shell show the volume and page
of the map and plat rcicords into which the plat was
filed by the county clerk,"
SECTION It.
That Appendix A, Article 111, Chapter 111, Article 3.06,
Paragraph (B), Subparagraph (?)(c) of the Code of Ordinances of
the City of Denton, Texas, heretofore effective, is hereby
emended to hereafter read as follows:
"(2)(c) Primary control points or descriptions and ties
to such control points to which dimensions, an les,
hearings and similar data shall be cef.erred. At least
one corner, shall be tied by course and distance to a
corner in a recorded subdivision or to a right-of-way
pin at an intersection. A s.ota describing the earner
marker should be included."
PACE COE
SECTION III.
That Appendix Al Article III, Chapter TV, Article 4.03,
Paragraph (C) of the Code of Ordinances of the City of Denton,
Texas, heretofore effective, is hereby amended to hereafter read
as follows;
"(C) Street Costs and City Participation. The owner
shall be responsible and pay all costs for the design
and construction of all streets within his development
except streets over thirty-four (34) feet or over fi,:e
(5) inches in de th as required by the City below, Tba
developer shall build these streets in accordance with
city standards. The cityy will participate in the
paving costs (subject to funds available and approval
of city council) only on street-paving costs above a
thirty-four foot pavement section or over five inches
in depth on streets required by the city, above and
beyond the traffic needs of the proposed development.
For paving projects involving city participation, the
project price shall be determined by the lowest and
best bid received ba the city at six month intervals
which is representative of market value on a project
involving city participation. Should the developer
elect to publicly bid the project and receive a lower
and better bid, then such bid shall determine the
project price. In the event that the bid utilized by
the City from a project during the preceding six months
is not representative of market value on the particular
project being proposed and the developer has not
received a bid representative of such market value,
then bids from other comparable projects may be
utilized until an acceptable project price based upon
fair market value is achieved,"
SECTION IV.
That Appendix A, Artcle III, Chapter 1V, Article 4,15,
Paragraph (H), subparagraphs (3) and (4) of the Code of
Ordinances to the City of Denton, Texas, are hereby amended to
hereafter read as follows;
"(3) Water spread limit:
Street Permissible
Classification Water Spread
F,xpressway 10-year storm--1 traffic lane
may be closed
Major thoroughfare 10-year storm--l traffic lane
(divided) must remain open each direction
Major thoroughfare 10-year storm--2 traffic lanes
(undivided) must remain open
PACE TWO
Collector street 10-year storm--1 traffic lane
remain open
Residential street 10-year store--taster flow must
not exceed 2 inches
above curb
Pipe systems and inlets 10• ear storm--Hydraulic p.rade
shall be 2 feet top of curb below
The permissible water spreads are based upon the initial
storm frequency (10-year), but consideration must be
given to treat conveyance of the major storm,(100-year.)
and possible flooding. All streets shall be capable of
conveying a major storm without water encroaching into
adjacent buildings. Therefore, the maximum sproad
limit in streets for a major storm shall be the building
lines, This requirement of utilizing the streets to
convey the ma, or storm runoff may require increasing
the capacity o the enclosed drainage system.
SECTION V.
That Appendix A, Article III, Paragraph IV, Article 4.15 of
the Code of Ordinances of the City of Denton, Texas, is hereby
amended by adding a new Paragraph (0) thereto, which shell
hereafter read as follows:
(0) Driveway Culverts
(1) The following specifications are repqaired for
the construction and installation of driveway
culverts:
(a) All pipe shall be properly sized and in
accordance with permits obtained through
the City Building Inspection Division;
(b) All pipe shall be approved classes of
reinforced concrete pipe or
corrugated metal pipe (C.M.P.):
(e) All pipe shall be jointed together properly
(Ram-Nek or Talco for R.C.P, and approved
mr.tal bands for C.M.P.); and
(d) All pipe shall be inspected during
installation by the Public Works Department.
(2) The safety standards for ends to driveway
culverts adopted by the Texas Highway
Department and on file in the Office of the
City Fn sneer, are hereby adopted by reference
to the following extent,
(a) Culverts of twenty-one (21) inches in size
or larger shall have 6:1 safety end
sections. The ground around the upstream
PAGE THRFF
end section shall be graded to match the
6il slope,, the ground around the downstream
end section shall be graded to a 4:1 slope.
(b) Culverts less than twenty-one (21) inches
in size shall have Type B end sections
(Texas Highway Department Drawing
SECTION VI,
That this ordinance shall be effective immediately after its
date of passage and approval,
PASSED AND APPROVED by the City Council on the day of
1484,
RICWD 0. SMART, MAYOR
CITY OF DENTON, TEXAS
ATTEST
CHARLOTTI ALLEN, CITY 1EIRETAY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS BY: ( 1~
I
i
PAGE FOUR
NO.
AN ORDINANCE CALLING AND ORDERING AN ELECTION TO BE HELD IN THE
CITY OF DENTON, TEXAS, ON APRIL 71 1984, FOR THE PURPOSE OF
ELECTING A MAYOR AND TWO COUNCILPERSONS TO THE CITY COUNCIL OF
THE CITY OF DENTON, TEXAS FOR PLACES 7, 6 AND 5; ORDERING THAT
THE PUNCH CARD ELECTRONIC VOTING SYSTEM ADOPTED EY DENTON COUNTY
BE USED IN SAID ELECTION;. PROVIDING FOR VOTING PLACES AND
APPOINTING ELECTION OFFICIALS AND PROVIDING FOR ELECTION
SUPPLIES.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
Pursuant to the term. and provisions of Section 3.01 of the
Charter of the City of Denton, Texas, a municipal election is
hereby ordered held in the City of Denton, Texas on the 7th day
of April, 1984, for the purpose of electing the mayor and two
(2) councilpersons to the City Council of the City of Denton,
Texas, as follows:
Place 7 - The Mayor to be elected for a two (2) year term.
Place 6 - Councilperson to be elected for a two (2) year
term. Candidates for Place 6 must reside in
Single Member District 3 or 4.
Place 5 - Councilperson to be elected for a two (2) year
term. Candidates for Place 5 must reside in
Single Member District 1 or 2.
each to be elected at large by the qualified voters of the city
of Denton,
SECTION II.
The polls for said electior on April 7, 1984 shall be open
from 7;00 A.M. to 7;00 P.M., and the election voting places or
polling places shall be as follows;
1. All qualified voters resid~.ng in Single Member District
No. 1 shall vote at;
AMERICAN LEGION HALL.
629 LAKEY STREET
DENTON, TEXAS
2, All qualified voters residing in Single Member District
No. 2 shall vote at:
FIRE STATION NO. 4
2110 SHERI;AN DRIVE
DENTON, TEXAS
PAGE 1
3. All -qualified voters residing in Single Member District
No, 3 shall vote att
NORTH LAKES RECREATION CENTER
2001 WEST WINDSOR DRIVE
DENTON, TEXAS
4, All qualified voters residing in Single Member District
No. 4 shall vote at;
DENIA PARE: RECREATION CENTER
1001 ?ARVIN
DEMON, TEXAS
SECTION III.
The election officials for said election on April r, 1954
shall be as follows;
1. (a) Jo Luker shall be the Presiding Judge at the Central
Counting Station,
(b) Joann Garbacik shall be the Manager of the Central
Counting Station.
(c) Marilyn Robinson shall be the 'tabulation Supervisor
at the Central Counting Station,
2. Bill Luker shall be the Presiding Judge at the American
Legion Hall in Single Member District No. 1..
3. Doris Chipman shall be the Presiding Judge at the Fire
Station No. 4 in Single .iember District No. 2,
4. Lee Knox shall be the Presiding Judge at the North Lakes
Recreation Center in Single Member District No. 3.
5. Thelma Escue shall be the Presiding Judge at Denia Park
Recreation Center in Single Member District No. 4,
6. Charlotte Allen, City Secretary shall conduct absentee
voting under the Texas Election Code.
The respective Presiding Judge of each voting Place and the
Central Counting Station shall be authorized to appoint a
sufficient number of Clerks as they may deem necessary to assist
them in said election, including bilingual assistants as
required by law,
SECTION IV.
Absentee voting shall be conducted by the Office of the City
Secretary in the municipal building on East McKinney Street in
the City of Denton, Texas, and the polls for absentee voting
shall be open for voting in person between the hour of 8,00 A.?i.
PAGE 2
and 3r00 P.M. Monday through Friday during t e times allowed for
absentee voting.
SECTION V.
The City Secretary is hereby authorized to prepare the
official ballot for said election and perform each and every act
required by the Charter and laws of the State of Texas for
holding elections.
SECTION VI.
It is further ordered that the punch card electronic voting
system adopted by Denton County be used in said election in
accordance with the term and provisions of Article 7,15 of the
Texas Election Code, The punch ^.ard electronic voting system
shall be used for absentee voting in person and by mail.
PASSED AI4D APPROVED this the 21st day of February, 1984,
CITY OF DENTON, TEXAS
ATTEST;
ALLEN, UHARLOTLE CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORAf
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
By
PAGE 3
CITY of vffwooV, TEXAS MUNICIPAL BUILDING ! DENTON, TEXAS 76201 TELEPHONE (817) 566.8200
A E M U R A 14 U U M
TO G. Ghris Hartung, City Manager
FROM: Rick Svehla, Assistant City Manager
UATL; UecumUer 27, 1983
SUBJECT; Resolution That Would Allow County Commissioners to
uo Work on Streets Within the City of Uenton
Attached is a resolution and correspondence from Commissioner
Lee Walker, In Hs, Walker's corresponuence sne indicates that
in order for the county to do any work within the city limits
they must have a resolution.
The attached resolution covers ms, Walker's precinct, as well
as the precincts of the other three comw issloners. From the
correspondence, this will allow us to ask for assistance on any
street within the city.
If you or the Council nave any further questions, I will be
happy to y a.nd answer tnem. 54)
A Rick 5 v"- e t d-----"`__
Assistant City Manager
1559hi
AT. 3, OOX 11 OANOKE,TEXAIS78281 PRECINCTS 19171484.7410
R
1
6 1•' RESIMCE 4308180
J 04 . 430.1182
' rte.
LEE WALKER
PRECINCT 3
SIX IN FLOOA JOSEPH A.CAAROIICWAIS 6U11, DING#401W(STHICKOAY401NTON,Ill KAS76201 41611112q* II I?j 38r.3414, O7N0404.1145
MA, Rick Svehta, D.LAec:toA 06 Pubtte WOAD
215 E,McUnney NOV Z ~ ia03
Denton, Texas 16201
Dean MA, Svehtat
As OUA COUn•t1y gAOWA, changes in the opetca.t.ion take peace,
In the past, a tot.. o6 woAk was done in .incoApona.ted city
tdmtts without WA.i•t.ten agheemen•tb, ins-tauct•ions oA Con•tAact.s
Since I have been youtr, Comm•i,ss.Coneh, I have .tA.ied to do att
I eoutd 6oA the cities, and beet that we have a veAy good
woAking &e.ta.t,ionsh.ip,
With the new 6iscat yeah beginning, and because o6 bud et
cons.tAain•ts, I be.tieve some things need to be etaAt .ied, Tie
Aoad and bA.idge work done within .inCOApona•ted city km.i.ts aAe
pAesc.A.ibed by State Statute. 6,
FoA the puApose o6 etass.i6.iea.t.Con, the 6ottow•ing taws
have been aAAanged by subject aaea:
1. IneoApOAa•ted aAeas' Aespoju ibit.ity 7
A. AA.t.iete 1032, Vennon's Annotated C.iv•it Statues
p&ov.c es n paA.t7 "The City CCU nc.i s iaU_ e
tnves.ted cvi,th butt powe-A and au•thoAi•ty to gn.ade,
gAavet, Aepa.in., pave oA o.thehevise •imptove any
avelaue, s.tAee.t oA at.tey, oA any notc.t.ion .theAeo6,
w.i•th.in the .e.i,rl. is o6 said e•i.ty, wheAeveA, by a
vote o6 .two-.th•iAds o6 the atdeAmen pAesen.t, they
may deem such .impAovemen.ts 6oA .the pube.ic .in•teAes.t;
pAov.ided, the C.i.ty Counc.ix pay one-.third and the
owneAs o6 the ptcopett.ty .two-.th,.:td.s .the-teo6, except
at the .in.teAsee,t.ion o6 s.t/tee.t) 64om tot to to-to
ac,toss the s•tnee.t e,ithut way shaft be paid by .the
city atone, , . 1'
8, I1aAA.ison County vs, City o I,{a.tshatt, 253 S.W. 2d, 6)1 G9,
"The .incotcpoAat.ion o6 a city gene,tatty Aemoves the po,te.t
06 .the 0omr7f.i.ss ZoneAS OOUA,t to tay out and AegU.ta.te
Aoads w•itih•in •that city' ,s boundaA.ies. "
AT. 31 BOX leX 1 PROCINCT 3 181714647410
AQANpXIKp. TpXAS 7x162
AESIDENCE 4308166
44 1' '4301152
LEE WALKER
PRECINCT3
SIXTH IEOOA•JOSEPH A. CAR ROILCOU A IS BUILDING 6401WESTHICKOAY•OENTON, I EXAS M014q Ii! 1212o 111Ayi•}IIA ME iRO 401.1145
T T, L.im.i.ta,t.ions o6 county toad woth within City timitS:
A. City o6 BuckeAA.id e vs, _S-te hens County, 40 S.W. 43,
~uFq 1es vs,Coun omC mt.66ionyLs att•c,s oun• IJ,
35 S.W. 816,
"County Road and 8,%idge 6unds may be •expertded in the
.tmptOVemen-t 06 County AOad,s passing .through a
city, though they be s.tAee.ts o4 such city, ptov•ided
consent .is obtained 6Aom the c.c.ty and such .6tAee.ts
ate in.tegtat pat.ta o6 the County toads; s•ttee.ts
60tmi.ng a 'connecting Zink' on duly e,6tabt.ished
county toads may be improved by the county with the
eonsen.t o6 the city."
S. W.iZ.Z.iams vs. CattoU, 182 S.W. 29, "The cout.t he.Zd
that a s.ttee.t geneta.Z.Zy means a passageway within
the bounds o6 a multic.ipat eotpota•t.ion, white a toad
means a county highway 6otm.ing a cammun.ica.tiOn
between the e.i.ty Z.im.i.ts o6 ano.thet c<ty oA .town; and
white a s.ttee.t .is a highway, it .i.s not necessaA•ity
.true that a highway .is a s•tAee.t, "
TYT, Con,tAac.ts between .mun.ic.ipati.t.ies and the county;
A. A•t.tohney Oeneh.a.Z Opinion No. w,w, 1401
"We know o6 no Reason why the mun.ic.ipaUty cannot
eon.tAac.t to pay the county, just as may the county
con.tAac.t to pay the mun.ic.ipati.ty, 6oA aU of paA.t
0 6 the cost o6 paving of maintaining a s.tkee,t
within the class o6 5tAeets that a county is au.thvr.ized
to ma,in.ta-in, There .is no appa/ten-t reason why the
camm.iss.ioneAS eOUA,t's au.thoA•i•ty to con•ttact Got pa,i t
payment does not also .inctude the au.thot.Gty to con-
.tAae.t 6oA payment o6 the en.t.iAe cost, s hou Zd that
be the comm.issionets couA•t's judgment. 11
8, Canoles vsf Laugh.Z.in, 147 -rcx, 169, 214 S.W. 451,
Ame;.icafi Vis.in(,ec.t.illq Co, u<ti, Ftees•tone ouatr,
193 S.W. 440, "A PtecinctOt Comm.iss.cone;t de's no•t
aove~the ho)ti..ty to maize an agteemen•t with the
mun.ic.ipaZ.i.ty 6oA the county to pave oA maintain a
4tte.et , Only the cOlllm.iss.ionet's eouA•t has charge
o6 the bus•ine.ss a66aiAS o6 ,the county, and it atone
has au.thvA.i.ty to make con.t)Lac.ts b•ind.illg upon the
eouit.ty,"
r
RT. 3, 80X 17601
PRECINCT 3 18)71464-7410
ROANOKE, TEXAS 78482 C=
RESIDENCE 4308168
430-1162
LEE WALKER
PRECINCT3
SIX TH7EOORs JOSE PH A. CARROLL COURTS SUIIOINO 1401 WE$(HICKORY*OemroN,}ERAS 78201 -16171 1117 4 181 7D8LN14 ME FPO 434.1)45
TV, Udd.ing upon pubtic consth-ic.tion:
A, Be7tnett VS , Brown Couri~tc~ W. c , IV No. IF 153 1'ex 599,
S.W. c 499. Itl~ ttT o o5 no pnovtstl 1-17 ~
aw w t.ic t att. to;'. Zes a county to b. d upon the
pubt.ic eonsthue.t•ion o6 a mua.icipa-ttt:y, III our view,
.this phoposat cannot be said .to be within the pet-
6wuwnce o4 a govetvunentat 6unc.t.ion rleceswty to
county bus 4ness, To the conttaty, the. phoposae
suggests engaging to the toad coiwttuct.ion bus.irte.es
.in a phopt.ie-ta,%y capacity, which is not autho)t.i zed
by .taw, A county call pet6otm on.ty govehnmentat
614nct.ions , "
V. County hood work scheduZing and costs exetud,i.ttg ma.tmtu s :
A. Texa-5 statutes, A;t•t, 2352 s Egttipmekit and empto fees :
"A coiwmisst.onets couht o6 a county may use d,ts
toad equ.ipmen•t, .irtetttd.irtq thucks, and emp.eoy2e.s
necessary .to operate the equ.iprnent to as,si,st
anot{let govehrtnlentat entity on any ph.o•ject so tong
as the cost does not exceed $3)000'00t .46
(1) the use v6 .the equipment oA emptoyces does not
.in.te&6ete w.%th the county's work schedute; a71d
(2) the cou),ity does not pay any costs ;te.tated to
the use o6 the equipment of emptoyces that
the county woutd not pay .i6 the ass.i.stance
were not g.ivett .to the other govehunlen-tat
e7t.t.i.ty, 11 E66ec.t,ive 5-29-81 ,
Ttt ohdet bon Precinct 113, Penton County, -to cons.t'huc.t
oA maintain hoad.s in your mun.ic.ipat.ity accohd,ing to .the above
earns stated, 1 must have ( I ) a hesotut.iun 64o+n each city
counc.i,t g.ivilij me pehln.iss.ion tv.itlt-in 'Lt's city t.im.i.t's, arld
(2) an updated map o6 your city, signed by the City Sec)Le,ta,t;
and -seated with rlotth city seat, aeso showing youh ETJ.
The V.i,stt.ict Attotney':s o66ice .is pheselttty phepah.i.ng It
con.thact to be apphoved by the ColtlNl,i-SStiolteh5 Cocvt,t bat ua to
use in wotk.islg tv. th e.i.t.ie-s, As soon as it is compteted, I ct?Ue
6 end o nee to you
RT. 3, SOX 1 TEXAS 78282
ROANOKE, T8X PRECINCT 3 14171484.1410
RESIDENCE 430.8188
430 1162
• 4,
LEE WALKER
PRECINCT 3
SI%YNFLOOR*J03(PNA, CARROLLCOURTS$UILOINO'101WESYNICK011YOO(NYON, lE%AS 7bNl IU11 IZ1t I(I)I ~A1•~II/ MFIROISIJ)15
In the mean.t.ime, when yOU want the County to (00414 .in yoU~L
city E.i)n.i 4, p.Cease ee-t u5 hnow in t4mi.t.ing exac.tEy what woAk
you /lave in mind, and we w.Ut woAk .toge.then on it,
I know toe can co-ond.ina•te ou)L e6soh•ts and wo&k .togethe,%
because we have bon tile fast two yeaAS, I Itn_ow this may not
be as convenient as in the past, but .these axe .tile %utes we
must t.ive with,
16 you have any questions, please contact me at my
Pnec.i.nc.t balm (817) 464 - 74 I O, oa at tile CaAAOU COUA is
8u.itd-tng 434-1745 ,(me•tho) on. (817) 387.3414,
S~iiAO-eeeAe.ty,
Lee (Va.Ehvt.
R E S 0 L U T 1 0 N
WHEREAS, there are within the City of Denton, certain roads
which are an integral part of the county road systom' and one or
more County Commissioners of the County of Denton have expressed
the desire to cooperate in specific instances in the repair and
maintenance of certain roads within the ciey which are part of
the county road system; and
WHEREAS, for such County Commissioners to undertake any rend
work upon roads within the city, the express consent of the city
is required; now, therefore,
BE IT RESOLVED BY THE: COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I,
That the County Commissioners of precincts 1, 21 3 and 4 of
the County of Denton are hereby expressly authorized to repair,
construct, reconstruct and maintain roads within their respective
precincts which are within the city limits of the City of Denton,
PASSED AND APPROVED this the day of , 1984,
CITY OF DENTON, TEXAS
ATTEST:
rTMET kY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
t E S 0 L U T I O N
WHEREAS, the City Council of the City of Denton is of the
opinion that the best interest of the citizens of Denton
County would be served if John William McCrory is denied
parole; NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I,
The City Council of the 1-1i,ty of Denton, Texas, hereby
objects to the release from prison of Denton County resident
John William McCrory and requests the Texas Board of Pardons
and Paroles to deny the request for parole by John William
McCrory,
SECTION II,
That the City Secretary is hereby directed ;o forward to
the Texas Board of Pardons, Room 711, Stephen F. Austin
Building, Box 13401, Austin, Texas 78711 a certified copy of
this resolution objecc:ing to the parole of John William
McCrory,
PASSED AND APPROVED this the 21st day of February, 1984,
KlURARI) V. ACT, KAYOR
CITY OF DENTON, TEXAS
ATTEST!
CHARLOTTE ALLL , MY 32CRETXR?
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
Cl r C R E S O L U T I O N
WHEREAS, a majority of the Council will be out of the City
of Denton on March 6, 1984, and it is necessary that the Council
meeting for such date be postponed until March 13, 1984; NOV,
THFFEFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DFNTON, TEXASi
SECTION I.
That the regular Council meeting to be held on 4Iarch 6, 1984
he postponed until March 13, 1984,
PASSED AND APPROVED this the 21st day of February, 1984,
RICHARD 0. STFWART, MAYOR
CITY OF DFNTON, '"ERAS
e
ATTEST;
ciLvIoTTE 7Y
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM,
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
1
GITY OF OENTON
MEMOKANDUPI
Matyor and Memtaera Ul' the City Gouncil
FKOM: G, Cnris Hartung, City Manager
DATE; Foueuary lb, 1984
5UdjBCT; David M. Gri fitii Proposal
Attached for your consideration is a proposed contract from
David N. GeMitrt and Associates to update the City's ItIdireet
cost allocation plan rind toe user tee study wttictc was done last
year, As you will recall, the indirect coot plan Sias Omen
updated each year for tao last three years Dy David pJ. GriltiLtt
and is a very valuable pact of our annual review of the
allocation of costs for Ltie various service departments to t,iu
Utility Fund. The study of user Lees is an extension of Luis
Lt)dirt:CL cost study and, since boLn of the projects at this
point arc; updates; of previous work, the cost is L-educed from
ttte Original program cost. We would certainly recommend that
the City conLinue its practice of updating the indirect cost
allocation process annually to ensure a reasonaoleness in Lae
transfers being made; from the Utility Fund, Additionally,
since ttie City Council nes unuercaken a multi-year implemen-
tation of tt.ae user Lee study, we would also recommeud that this
part of the project be updated annually also. Funds are
included in Mica i984 operating budget to pay for Ltyis project.
G; nrLS arCunb
rC
ca
11740
DAVID M. GRIFFITH AND ASSOCIATES, LTD.
dM 17 Accounting SpeolaUsts to Government
3601 MsoARTHUR BLVD, SUIT' 400 B
IRVING, TEXAS 760621(214) 668.1386
February 8, 1984
1f 1.1 L:_~ l~ i
Mr, G. Chris Hartung
City of Denton
City Manager 3 IM4
215 Fast McKinney St.
Denton, Texas 76201
Dear Chrisi
Thank you for meeting with Mark Epstein and me last week to
discuss a continuation of our Firm's services, As requested, enclosed
please find two copies of our standard contract for the services outlined In
our proposal dated January 30, 1984.
If thls proposal and this contract meet with the City's approval,
please sign and return one copy for our .files.
Chris, we have certainly enjoyed working with the City of Denton in
the past and will look forward to the upcoming engagement.
Sincerely,
i 14 J
Donald E. Brewer
Vice President
DEBidh
Enclosure
1
City of Denton, Texas
$23,000 per year
February 8, 1984
AGREEMENT TO PROVIDE
PROFESSIONAL CONSULTING SERVICES FOR
THE CITY OF DENTON, TEXAS
THIS AGREEMENT, entered Into this day of , 1984, and
effective Immediately by and between David A;-~j"rlfflth and Associates, Ltd.
(hereinafter called the "Consultant") and the City of Denton, State of Texas
(hereinafter called the "City"), WITNESSETH THAT:
and WHEREAS, the City has programs which It operates with outside funding,
WHEREAS, the City supports these programs with support services paid
from City appropriated funds, and
WHEREAS, outside users will pay a fair share of these costs if supported
by an approved cost allocation plan, and
WHEREAS, the City has previously filed an approved plan and has
recovered outside funding due to the City, and
WHEREAS, the Consultant is staffed with personnel knowledgeable and
experienced in the requirements of developing and negotiating such governmental cost
allocation plans, and
WHEREAS, the City desires to engage the Consultant to assist anually in
developing a plan which conforms to Federal requirements and will be approved by
their representatives, and
WHEREAS, the City has a need to annually review and establish the
current cost of fees and charges made by various departments throughout the City,
and
WHEREAS, the City desires to engage the Consultant to assist annually in
developing a study to accomplish the above objective, and
WHEREAS, the Consultant Is staffed with personnel knowledgable and
experienced in the requirements of developing such a revenue producing study 'or the
City, and
NOW THERRFORR, the parties hereto mutually agree as followsi
1. Employment of Consultant. The City agrees to engage the
Consultant and the Consultant hereby agrees to perform the following services.
page I
1
City of Denton, Texas
$23,000 per year
February 8, 1984
2s Scope of Services. The Consultant shall do, perform, and carry out
In a good professional manner t following servicesi
A, Development of annual cost allocation plans
encompassing City central services and departmental
Indirect costs, based on Budgeted costs for the
following yerirst
FY 1984
FY 1985
FY 1986
The above plans will Identify the various costs
incurred by the City to support and administer
enterprise funds. The cost plans will contain a
determination of the allowable costs of providlog each
supporting service, such as purchasing, legal counsel,
disbursement processing, etc,
B. Cost Revenue Matchup, The total cost of provlding
service will be determined for the different fees and
user charges throughout the general fund departments
of the City for the following yearsi
FY 1984
FY 1985
FY 1986
The scope of this study will be the same as that
previously performed by the Consultant during FY
1983, but maa be expanded upon as mutually agreed
by both parties to this Agreement.
C. provlding guidance to City personnel to successfully
utilize the cost allocatlor, plans and fee study to the
City's maximum advantage and to ensure perpetuation
of the plan and fee study in future years,
page 2
City of Denton, Texas
$23,000 per year
February 8, 1984
3, Time of Performance. The services to be performed hereunder by
the Consultant shall un erta en an completed in such sequence as to assure their
expeditious completion and best carry out the purposes of the agreement. All
services required hereunder, except for monitoring recoveries, shall be completed in
accordance with the following scheduler
* Plans based on Budgeted costs will be completed within three
months of the date on which the City advises the Consultant that annual budgeted
expenditures are available,
* The Fee Study will be completed by June lst of each year.
4, Compensation. Upon acceptance of the plans and reports by the
City, the City a rees to pay the Consultant a sum not to exceed Twenty Three
Thousand Dollars (23,000) per year for all services required herein, which shall
Include reimbursement for expenses Incurred. Consultant agrees to complete the
project and all services provided herein for said sum,
5. Tlmin of Consultant Pa ment. Upon completion, and acceptance
by the City, of each pan an fee study, and delivery to the Clty, the Consultant will
Invoice the City In accordance with the following fee scheduler
First Yeari Budget 1984 Plans - $ 8, 000
User Fee Study 1984 - $15,000
Second Yearr Budget 1985 Plans - 8 000
User Fee Study 1985 - 15,000
Thlyd Yeart Budget 1986 Plans - $ 8, 000
User Fee Study 1986 - $15,000
Then the City will pay the Consultant's Invoices within two weeks of
receipt of the Invoices.
6. Changes. The City may, from time to time, require changes in the
scope of the services of the Consultant to be performed hereunder. Such changes,
which are mutually agreed upon by and between the City and the Consultant, shall be
incorporated In written amendment to this agreement.
page 3
City of Denton, Texas
$23,000 per year
February 8, 1984
7, Services and Materlais to be furnished_ by the City. The City
shall furnish the Consu ttant with a avail+~b7e necessary n ormatlon, data, and
materials pertinent to the execution of this agreement, The City shall cooperate
with the Consultant In carrying out the work herein, and shall provide adequate staff
for liaison with the Consultant and other agencies of City government,
8, Terminatio of A reement for Cause, if) through any cause, the
Consultant shat a to fulfill in timely an proper manner his obligation under this
agreement, the City shall thereupon have the right to terminate this agreement with
cause, by giving written notice to the Consultant of such termination and specifying
the effective date thereof, at least fifteen (15) days before the effective date of such
termination.
9. Information and Reports, The Consultant shall, at such time and
In such form as' e City may require, urn sh such periodic reports concerning the
status of the project, such statements, certificates, approvals, and copies of proposed
and executed plans and claims and other Information relative to the project as may
be requested by the City. The Consultant shall furnish the City, upon request, with
copies of all documents and other materials prepared or developed In conjunction with
or as part of the project,
10. Records and Ins ee~cti_o_ns. The Consultant shall maintain full and
accurate records with respect to all matter5 covered under this agreement. The City
shall have free access at all proper times to such records, and the right to examine
and audit the same and to make transcripts therefrom, and to Inspect all program
data, documents, proceedings, and activities,
11. Accomplishment of Project. The Consultant shall commence, carry
on, and complete the project with al pract cable dispatch, In a sound economical and
efficient manner, in accordance with the provisions thereof and all applicable laws.
In accomplishing the project, the Consultant shall take such steps as are appropriate
to Insure that the work involved Is properly coordinated with related work being
carried on in the City,
12, Provisions Concerning Certain Waivers. Subject to applicable law,
any right or remedy which the City may have under this contract may be waived In
writing by the City by a formal waiver, if, in the judgement of the City, this
contract, as so modified, will still conform to the terms and requirements of
pertinent laws.
13. Matters to be Disregarded. The titles of the several sections,
subsections, and paragraphs set forth in this contract are Inserted for convenience of
reference only and shall be disregarded In construing or interpreting any of the
provisions of this contract.
14, Completeness of Contract. This contract and any additional or
supplementary document or o~3 cum`ents`Incorporated herein by specific reference
contain all the terms and conditions agreed upon by the parties hereto, and no other
agreements, oral or otherwise, regarding the subject matter of this contract or any
part thereof shall have any validity or bind any of the parties hereto.
page 4
City of Denton, Texas
$23,000 per year
February 8, 1984
15, City of Obligated to Third Parties. The City shall not be
obligated or liabe1"hereunder to any party other ihin tFe Consultant,
16, When i hts and Remedies Not Waived. In no event shall the
making by the C ty o any payment to the Consultant constitute or be construed as a
waiver by the City of any breach of covenant, or any default which may then exist
shall In no wise Impair or prejudice any right or remedy available to the City In
respect to such breach or default.
17, Persom el. The Consultant represents that he has, or will secure at
his own expense, 511 personnel required In performing the services under this
agreement, Such personnel shall not be employees of or have any contractual
relationship with the Clty, All of the services required hereunder will be performed
by the Consultant or under his supervision, and all personnel engaged In work shall be
fully qualified to perform such services,
18, Consultant Liability If Audited. The Consultant will assume all
financial and statistical Information provided to the Consultant by City employees or
representatives is accurate and complete. Any subsequent disallowance of funds paid
to the City under the p',xn is the sole responsibility of the City. Consultant will,
however, provide assistance to the City should an audit be undertaken of City
Indirect costs.
19. Notices. Any notices, bills, invoices, or reports required by this
agreement shall See sufficient if sent by the parties hereto In the United States mall,
postage paid, to the addresses noted belowi
City of Denton David M, Griffith and Associates, Ltd,
Mr. Chris Hartung, 3501 Mac Arthur Blvd., Suite 4006
City Manager Irving, Texas 75062
215 East McKinney
Denton, Texas 76201
IN WITNESS WHEREOF, the City and the Consultant have executed this
agreement as of the date first written above,
City of Denton, Texas
By=
(City Official)
Attests David M. Griffith and Associates, Ltd,
Byt C:J
Dona , rewer
Vice President
CERTIFICATE O ALITH C Y
5
THIS IS TO CIPTIN that the snlcrophnsogaapho oppeorlnp on Ihlo I'UMohllo
><lorrftny with CITY COUNCIL AGENDA PACKET 02/21/84 and
CITY COUNCIL AGENDA PACKET
tndlnp With are
accurate and comploto roprodutilono of Iho rotords of (Company and poplo) CITY OF DENTON »
CITY SECRETARY
as dolivomd In the repine? couroo of
lowolne40 fa phoiopraphlnp,
h to further corfiflod that the microphologrophlc promses were accompllohool In
a manna and on Alm which moelc wish rvqulromonlc of the Nation rrau of Slandarolc
fog p+nnanonl mlerophotoarop4ie topy.
i
Corn
ilw+n► TECMNCLOCY AY (69PK t,..+. opwow
Pf.ACEI 6,n vjQitw„rk Aew Stets
Arlingion, Texas 76010